the tenure of kings and magistrates proving that it is lawfull, and hath been held so through all ages, for any who have the power, to call to account a tyrant, or wicked king, and after due conviction, to depose and put the author, j.m. milton, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tenure of kings and magistrates proving that it is lawfull, and hath been held so through all ages, for any who have the power, to call to account a tyrant, or wicked king, and after due conviction, to depose and put the author, j.m. milton, john, - . [ ], p. printed by matthew simmons ..., london : . attributed to john milton. cf. halkett and laing ( nd ed.). reproduction of original in huntington library. eng political science -- early works to . divine right of kings. a r (wing m ). civilwar no the tenure of kings and magistrates: proving, that it is lawfull, and hath been held so through all ages, for any, who have the power, to ca milton, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tenure of kings and magistrates : proving , that it is lawfull , and hath been held so through all ages , for any , who have the power , to call to account a tyrant , or wicked king , and after due conviction , to depose , and put him to death ; if the ordinary magistrate have neglected , or deny'd to doe it . and that they , who of late , so much blame deposing , are the men that did it themselves . the author , j. m. london , printed by matthew simmons , at the gilded lyon in aldersgate street , . the tenure of kings and magistrates . if men within themselves would be govern'd by reason , and not generally give up their understanding to a double tyrannie , of custome from without , and blind affections within , they would discerne better what it is to favour and uphold the tyrant of a nation . but being slaves within doores , no wonder that they strive so much to have the public state conformably govern'd to the inward vitious rule , by which they govern themselves . for indeed none can love freedom heartilie , but good men ; the rest love not freedom , but licence ; which never hath more scope or more indulgence then under tyrants . hence is it that tyrants are not oft offended , nor stand much in doubt of bad men , as being all naturally servile ; but in whom vertue and true worth most is eminent , them they feare in earnest , as by right their masters , against them lies all their hatred and suspicion . consequentlie neither doe bad men hate tirants , but have been alwaies readiest with the falsifi'd names of loyalty and obedience , to colour over their base compliances . and although sometimes for shame , and when it comes to their owne grievances , of purse especially , they would seeme good patriots , and side with the better cause , yet when others for the deliverance of their countrie , endu'd with fortitude and heroick vertue , to feare nothing but the curse written against those that doe the worke of the lord negligently , would goe on to remove , not onely the calamities and thraldomes of a people , but the roots and causes whence they spring , streight these men , and sure helpers at need , as if they hated onely the miseries but not the mischiefes , after they have juggl'd and palter'd with the world , bandied and borne armes against their king , devested him , disanointed him , nay curs'd him all over in thir pulpits , and their pamphlets , to the ingaging of sincere and reall men , beyond what is possible or honest to retreat from , not onely turne revolters from those principles , which onely could at first move them , but lay the staine of disloyaltie , and worse , on those proceedings , which are the necessarie consequences of their owne former actions ; nor disllik'd by themselves , were they manag'd to the intire advantages of their owne faction ; not considering the while that he toward whom they boasted their new fidelitie , counted them accessory , and by those statutes and laws which they so impotently brandish against others , would have doom'd them to a traytors death for what they have done alreadie . 't is true , that most men are apt anough to civill wars and commotions as a noveltie , and for a flash , hot and active ; but through sloth or inconstancie , and weakness of spirit either fainting , ere their owne pretences , though never so just , be halfe attain'd , or through an inbred falshood and wickednesse , betray oft times to destruction with themselves , men of noblest temper join'd with them for causes which they in their rash undertakings were not capable of . if god and a good cause give them victory , the prosecution whereof for the most part , inevitably drawes after it the alteration of lawes , change of government , downfall of princes with their families ; then comes the task to those worthies which are the soule of that enterprize , to bee swett and labour'd out amidst the throng and noises of vulgar and irrationall men . some contesting for privileges , customes , formes , and that old intanglement of iniquitie , their gibrish lawes , though the badge of their ancient slavery . others who have been fiercest against their prince , under the notion of a tyrant , and no meane incendiaries of the warre against him , when god out of his providence and high disposall hath deliver'd him into the hand of their brethren , on a suddaine and in a new garbe of allegiance , which their doings have long since cancell'd ; they plead for him , pity him , extoll him , protest against those that talke of bringing him to the tryall of justice , which is the sword of god , superiour to all mortall things , in whose hand soever by apparent signes his testified wil is to put it . but certainely , if we consider who and what they are , on a suddaine growne so pitifull , wee may conclude , their pity can be no true and christian commiseration , but either levitie and shallownesse of minde , or else a carnall admiring of that worldly pompe and greatness , from whence they see him fall'n ; or rather lastly a dissembl'd and seditious pity , fain'd of industry to beget new commotions . as for mercy , if it bee to a tyrant , under which name they themselves have cited him so oft in the hearing of god , of angels , and the holy church assembl'd , and there charg'd him with the spilling of more innocent blood by farre , then ever nero did , undoubtedly the mercy which they pretend , is the mercy of wicked men ; and their mercies , wee read , are cruelties ; hazarding the welfare of a whole nation , to have sav'd one , whom so oft they have tearm'd agag , and villifying the blood of many jonathans that have sav'd israel ; insisting with much nicenesse on the unnecessariest clause of their covnant ; wherein the feare of change , and the absurd contradiction of a flattering hostilitie had hamperd them , but not scrupling to give away for complements , to an implacable revenge , the heads of many thousand christians more . another sort there is , who comming in the course of these affaires , to have thir share in great actions above the forme of law or custome , at least to give thir voice and approbation , begin to swerve and almost shiver at the majesty and grandeur of som noble deed , as if they were newly enter'd into a great sin ; disputing presidents , formes , & circumstances , when the common wealth nigh perishes for want of deeds in substance , don with just and faithfull expedition . to these i wish better instruction , and vertue equall to their calling ; the former of which , that is to say instruction , i shall indeavour , as my dutie is , to bestow on them ; and exhort them not to startle from the just and pious resolution of adhering with all their assistance to the present parlament and army , in the glorious way wherein justice and victorie hath set them ; the onely warrants through all ages , next under immediate revelation , to exercise supreame power ; in those proceedings which hitherto appeare equall to what hath been don in any age or nation heretofore , justly or magnanimouslie . nor let them be discourag'd or deterr'd by any new apostate scar crowes , who under show of giving counsell , send out their barking monitories and momento's , emptie of ought else but the spleene of a frustrated faction . for how can that pretended counsell , bee either sound or faithfull , when they that give it , see not for madnesse and vexation of their ends lost , that those statutes and scriptures which both falsly and scandalously , they wrest against their friends and associates , would by sentence of the common adversarie , fall first and heaviest upon their owne heads . neither let milde and tender dispositions be foolishly softn'd from their dutie and perseverance with the unmasculine rhetorick of any puling priest or chaplain , sent as a friendly letter of advice , for fashion sake in private , and forthwith publish't by the sender himselfe , that wee may know how much of friend there was in it , to cast an odious envie upon them , to whom it was pretended to be sent in charitie . nor let any man bee deluded by either the ignorance or the notorious hypocrisie and selfe-repugnance of our dancing divines , who have the conscience and the boldnesse , to come with scripture in their mouthes , gloss'd and fitted for thir turnes with a double contradictory sense , transforming the sacred veritie of god , to an idol with two faces , looking at once two several ways ; and with the same quotations to charge others , which in the same case they made serve to justifie themselves . for while the hope to bee made classic and provinciall lords led them on , while pluralities greas'd them thick and deepe , to the shame and scandall of religion , more then all the sects and heresies they exclaime against , then to fight against the kings person , and no lesse a party of his lords and commons , or to put force upon both the houses was good , was lawfull , was no resisting of superiour powers ; they onely were powers not to be resisted , who countenanc'd the good and punish't the evill . but now that thir censorious domineering is not suffer'd to be universall , truth and conscience to be freed , tithes and pluralities to be no more , though competent allowance provided , and the warme experience of large gifts , and they so good at taking them ; yet now to exclude and seize on impeach't members , to bring delinquents without exemption to a faire tribunall by the common nationall law against murder , is now to be no lesse then corah , dathan , and abiram . he who but erewhile in the pulpits was a cursed tyrant , an enemie to god and saints , laden with all the innocent blood split in three kingdomes , and so to bee sought against , is now though nothing penitent or alter'd from his first principles , a lawfull magistrate , a sovrane lord , the lords annointed , not to bee touch'd , though by themselves imprison'd . as if this onely were obedience , to preserve the meere uselesse bulke of his person , and that onely in prison , not in the field , and to disobey his commands , denie him his dignitie and office , every where to resist his power but where they thinke it onely surviving in thir owne faction . but who in particular is a tyrant cannot be determind in a generall discourse , otherwise then by supposition ; his particular charge , and the sufficient proofe of it must determine that : which i leave to magistrates , at least to the uprighter sort of them , and of the people , though in number lesse by many , in whom faction least hath prevaild above the law of nature and right reason , to judge as they finde cause . but this i dare owne as part of my faith , that if such a one there be , by whose commission , whole massacres have been committed on his faithfull subjects , his provinces offerd to pawne or alienation , as the hire of those whom he had sollicited to come in and destroy whole cities and countries ; be hee king , or tyrant , or emperour , the sword of justice is above him ; in whose hand soever is found sufficient power to avenge the effusion , and so great a deluge of inuocent blood . for if all humane power to execute , not accidentally but intendedly , the wrath of god upon evill doers without exception , be of god ; then that power , whether ordinary , or if that faile , extraordinary so executing that intent of god , is lawfull , and not to be resisted . but to unfold more at large this whole question , though with all expedient brevity , i shall here set downe , from first beginning , the originall of kings ; how and wherefore exalted to that dignitie above their brethren ; and from thence shall prove , that turning to tyranny they may bee as lawfully deposd and punishd , as they were at first elected : this i shall doe by autorities and reasons , not learnt in corners among schismes and herisies , as our doubling divines are ready to calumniate , but fetch 't out of the midst of choicest and most authentic learning , and no prohibited authors , nor many heathen , but mosaical , christian , orthodoxal , and which must needs be more convincing to our adversaries , presbyterial . no man who knows ought , can be so stupid to deny that all men naturally were borne free , being the image and resemblance of god himselfe , and were by privilege above all the creatures , borne to command and not to obey : and that they livd so , till from the root of adams transgression , falling among themselves to doe wrong and violence , and foreseeing that such courses must needs tend to the destruction of them all , they agreed by common league to bind each other from mutual injury , and joyntly to defend themselves against any that gave disturbance or opposition to such agreement . hence came citties , townes and common-wealths . and because no faith in all was found sufficiently binding , they saw it needfull to ordaine some authoritie , that might restraine by force and punishment what was violated against peace and common right : this autoritie and power of self-defence and preservation being originally and naturally in every one of them , and unitedly in them all , for ease , for order , and least each man should be his owne partial judge , they communicated and deriv'd either to one , whom for the eminence of his wisdom and integritie they chose above the rest , or to more then one whom they thought of equal deserving : the first was calld a king ; the other magistrates . not to be thir lords and maisters ( though afterward those names in som places were giv'n voluntarily to such as had bin authors of inestimable good to the people ) but , to be thir deputies and commissioners , to execute , by vertue of thir intrusted power , that justice which else every man by the bond of nature and of cov'nant must have executed for himselfe , and for one another . and to him that shall consider well why among free persons , one man by civill right should beare autority and jurisdiction over another , no other end or reason can be imaginable . these for a while governd well , and with much equitie decided all things at thir owne arbitrement : till the temptation of such a power left absolute in thir hands , perverted them at length to injustice and partialitie . then did they who now by tryall had found the danger and inconveniences of committing arbitrary power to any , invent lawes either fram'd or consented to by all , that should confine and limit the autority of whom they chose to govern them : that so man of whose failing they had proof , might no more rule over them , but law and reason abstracted as much as might be from personal errors and frailties . when this would nor serve , but that the law was either not executed , or misapply'd , they were constraind from that time , the onely remedy left them , to put conditions and take oaths from all kings and magistrates at their first instalment to doe impartial justice by law : who upon those termes and no other , receav'd allegeance from the people , that is to say , bond or covnant to obey them in execution of those lawes which they the people had themselves made or assented to . and this oft times with express warning , that if the king or magistrate prov'd unfaithfull to his trust , the people would be disingag'd . they added also counselors and parlaments , not to be onely at his beck , but with him or without him , at set times , or at all times , when any danger threatn●d to have care of the public safety . therefore saith claudius sesell a french statesman , the parlament was set as a bridle to the king ; which i instance rather , because that monarchy is granted by all to be a farre more absolute then ours . that this and the rest of what hath hitherto been spok'n is most true , might be copiously made appeare throughout all stories heathen and christian ; eev'n of those nations where kings and emperours have sought meanes to abolish all ancient memory of the peoples right by their encroachments and usurpations . but i spare long insertions , appealing to the german , french , italian , arragonian , english , and not least the scottish histories : not forgetting this onely by the way , that vvilliam the norman though a conqueror , and not unsworne at his coronation , was compelld a second time to take oath at s. albanes , ere the people would be brought to yeild obedience . it being thus manifest that the power of kings and magistrates is nothing else , but what is onely derivative , transferrd and committed to them in trust from the people to the common good of them all , in whom the power yet remaines fundamentally , and cannot be tak'n from them , without a violation of thir natural birthright , and seeing that from hence aristotle and the best of political writers have defin'd a king , him who governs to the good and profit of his people , and not for his owne ends , it follows from necessary causes that the titles of sovran lord , naturall lord , and the like , are either arrogancies , or flatteries , not admitted by emperors and kings of best note , and dislikt by the church both of jews , isai. . . and ancient christians as appears by tertullian and others . although generally the people of asia and with them the jews also , especially since the time they chose a king , against the advice and counsel of god , are noted by wise authors much inclinable to slavery . secondly , that to say , as is usual , the king hath as good right to his crown and dignitie , as any man to his inheritance , is to make the subject no better then the kings slave , his chattell , or his possession that may be bought and sould , and doubtless if hereditary title were sufficiently inquir'd , the best foundation of it would be found but either in courtesie or convenience . but suppose it to be of right hereditarie , what can be more just and legal , if a subject for certaine crimes be to forfet by law from himselfe and posterity , all his inheritance to the king , then that a king for crimes proportionall , should forfet all his title and inheritance to the people : unless the people must be thought created all for him , he not for them , and they all in one body inferior to him single , which were a kinde of treason against the dignity of mankind to affirm . thirdly it followes , that to say kings are accountable to none but god , is the overturning of all law and goverment . for if they may refuse to give account , then all covnants made with them at coronation ; all oathes are in vaine , and meer mockeries , all lawes which they sweare to keep , made to no purpose ; for if the king feare not god , as how many of them doe not ? we hold then our lives and estates , by the tenure of his meer grace and mercy , as from a god , not a mortall magistrate , a position that none but court parasites or men besotted would maintain . and no christian prince not drunk with high mind , and prouder then those pagan caesars , that deifi'd themselves , would arrogate so unreasonably above human condition , or derogate so basely from a whole nation of men his brethren , as if for him onely subsisting , and to serve his glory , valuing them in comparison of his owne brute will and pleasure no more then so many beasts , or vermine under his feet , not to be reasond with , but to be injurd ; among whom there might be found so many thousand men for wisdome , vertue , nobleness of mind and all other respects , but the fortune of his dignity , farr above him . yet some would perswade us that this absurd opinion was king davids ; because in the psalm he cries out to god , against thee onely have i sinn'd ; as if david had imagind that to murder uriah and adulterate his wife , had bin no sinne against his neighbor , when as that law of moses was to the king expresly , deut. . not to think so highly of himself above his brethren . david therefore by those words could mean no other , then either that the depth of his guiltiness was known to god onely , or to so few as had not the will or power to question him , or that the sin against god was greater beyond compare then against uriah . what ever his meaning were , any wise man will see that the patheticall words of a psalme can be no certaine decision to a point that hath abundantly more certaine rules to goe by . how much more rationally spake the heathen king . demophoon in a tragedy of euripides then these interpret●s would put upon king david , i rule not my people by tyranny , as if they were barbarians , but am my self liable , if i doe unjustly to suffer justly not unlike was the speech of traian the worthy emperor , to one whom he made general of his praetorian forces . take this drawne sword , saith he , to use for me , if i reigne well , if not , to use against me . thus dion relates . and not traian onely , but theodosius the younger a christian emperor and one of the best , causd it to be enacted as a rule undenyable and fit to be acknowledgd by all kings and emperors , that a prince is bound to the laws ; that on the autority of law the autority of a prince depends , & to the laws ought submit . which edict of his remaines yet unrepeald in the code of justinian . l. . tit. . as a sacred constitution to all the succeeding emperors . how then can any king in europe maintaine and write himselfe accountable to none but god , when emperors in thir owne imperiall statutes have writt'n and decreed themselves accountable to law . and indeed where such account is not fear'd , he that bids a man reigne over him above law , may bid as well a savage beast . it follows lastly , that since the king or magistrate holds his autoritie of the people , both originally and naturally for their good in the first place , and not his owne , then may the people as oft as they shall judge it for the best , either choose him or reject him , retaine him or depose him though no tyrant , meerly by the libertie and right of free born men to be govern'd as seems to them best . this , though it cannot but stand with plaine reason , shall be made good also by scripture , deut. . . vvhen thou art come into the land which the lord thy god giveth thee , and shalt say i will set a king over mee , like as all the nations about mee these words confirme us that the right of choosing , yea of changing thir owne goverment is by the grant of god him self in the people . and therefore when they desit'd a king , though then under another forme of goverment , and though thir changing displeasd him , yet he that was himself thir king , and rejected by them , would not be a hindrance to what they inended , furder then by perswasion , but that they might doe therein as they saw good , sam. . onely he reserv'd to himself the nomination of who should reigne over them . neither did that exempt the king as if hee were to god onely accountable , though by his especiall command anointed . therefore david first made a covnant with the elders of israel , and so was by them anointed king , chron. . and jehoiada the priest making jehoash king , made a cov'nant between him and the people , kings . . therefore when roboam at his comming to the crowne , rejected those conditions which the israelites brought him , heare what they answer him , what portion have we in david , or inheritance in the son of jesse . see to thine own house david . and for the like conditions not perform'd , all israel before that time deposd samuell ; not for his own default , but for the misgovement of his sons . but som will say to both these examples , it was evilly don . i answer , that not the latter , because it was expressely allow'd them in the law to set up a king if they pleas'd ; and god himself joynd with them in the work ; though in some sort it was at that time displeasing to him , in respect of old samuell who had governd them uprightly . as livy praises the romans who took occasion from tarquinius a wicked prince to gaine their libertie , which to have extorted , saith hee , from numa or any of the good kings before , had not bin seasonable . nor was it in the former example don unlawfully ; for when roboam had prepar'd a huge army to reduce the israelites , he was forbidd'n by the profet , kings . . thus saith the lord yee shall not goe up , nor fight against your brethren , for this thing is from me . he calls them thir brethren , not rebels , and forbidds to be proceeded against them , owning the thing himselfe , not by single providence , but by approbation , and that not onely of the act , as in the former example , but of the fitt season also ; he had not otherwise forbidd to molest them . and those grave and wise counsellors whom rehoboam first advis'd with , spake no such thing , as our old gray headed flatterers now are wont , stand upon your birth-right , scorne to capitulate , you hold of god , and not of them ; for they knew no such matter , unless conditionally , but gave him politic counsel , as in a civil transaction . therefore kingdom and magistracy , whether supreme or subordinat is calld a human ordinance , pet. . . &c. which we are there taught is the will of god wee should submitt to , so farr as for the punishment of evill doers , and the encouragement of them that doe well . submitt saith he , as free men . and there is no power but of god , saith paul , rom. . as much as to say , god put it into mans heart to find out that way at first for common peace and preservation , approving the exercise therof ; els it contradicts peter who calls the same autority an ordinance of man . it must be also understood of lawfull and just power , els we read of great power in the affaires and kingdomes of the world permitted to the devill : for saith he to christ , luke . . all this power will i give thee and the glory of them , for it is deliverd to me , and to whomsoever i will , i give it : neither did hee ly , or christ gainsay what hee affirm'd : for in the thirteenth of the revelation wee read how the dragon gave to the beast his power , his seat , and great autority : which beast so autoriz'd most expound to be the tyrannical powers and kingdomes of the earth . therfore saint paul in the forecited chapter tells us that such magistrates hee meanes ' , as are , not a terror to the good but to the evill , such as beare not the sword in vaine , but to punish offenders , and to encourage the good . if such onely be mentiond here as powers to be obeyd , and our submission to them onely requird , then doubtless those powers that doe the contrary , are no powers ordaind of god , and by consequence no obligation laid upon us to obey or not to resist them . and it may be well observd that both these apostles , whenever they give this precept , express it in termes not concret but abstract , as logicians are wont to speake , that is , they mention the ordinance , the power , the autoritie before the persons that execute it , and what that power is , lest we should be deceavd , they describe exactly . so that if the power be not such , or the person execute not such power , neither the one nor the other is of god , but of the devill , and by consequence to bee resisted . from this exposition chrysostome also on the same place dissents not ; explaining that these words were not writt'n in behalf of a tyrant . and this is verify'd by david , himself a king , and likeliest to bee author of the psalm . . which saith , shall the throne of iniquity have fellowship with thee . and it were worth the knowing , since kings , and that by scripture boast the justness of thir title , by holding it immediately of god , yet cannot show the t●me when god ever set on the throne them or thir forefathers , but onely when the people chose them ; why by the same reason , since god ascribes as oft to himself the casting down of princes from the throne , it should not be thought as lawful , and as much from god when none are seen to do it but the people , and that for just causes . for if it needs must be a sin in them to depose , it may as likely be a sin to have elected . and contrary if the peoples act in election be pleaded by a king , as the act of god , and the most just title to enthrone him , why may not the peoples act of rejection , be as well pleaded by the people as the act of god , and the most just reason to depose him ? so that we see the title and just right of reigning or deposing in reference to god , is found in scripture to be all one ; visible onely in the people , and depending meerly upon justice and demerit . thus farr hath bin considerd briefly the power of kings and magistrates ; how it was , and is originally the peoples , and by them conferrd in trust onely to bee imployd to the common peace and benefit ; with libertie therfore and right remaining in them to reassume it to themselves , if by kings or magistrats it be abus'd ; or to dispose of it by any alteration , as they shall judge most conducing to the public good . wee may from hence with more ease , and force of argument determin what a tyrant is , and what the people may doe against him . a tyrant whether by wrong or by right comming to the crowne , is he who regarding neither law nor the common good , reigns onely for himself and his faction : thus st. basil among others defines him . and because his power is great , his will boundless and exorbitant , the fulfilling whereof is for the most part accompanied with innumerable wrongs and oppressions of the people , murders , massacres , rapes , adulteries , desolation , and subversion of citties and whole provinces ; look how great a good and happiness a just king is , so great a mischeife is a tyrant ; as hee the public father of his countrie , so this the common enemie . against whom what the people lawfully may doe , as against a common pest , and destroyer of mankinde , i suppose no man of cleare judgement need goe surder to be guided then by the very principles of nature in him . but because it is the vulgar folly of men to desert thir owne reason , and shutting thir eyes to think they see best with other mens , i shall shew by such examples as ought to have most waight with us , what hath bin don is this case heretofore . the greeks and romans as thir prime authors witness held it not onely lawfull , but a glorious and heroic deed , rewarded publicly with statues and garlands , to kill an infamous tyrant at any time without tryal ; and but reason , that he who trod down all law , should not bee voutsaf'd the benefit of law . insomuch that seneca the tragedian brings in hercules the grand suppressor of tyrants , thus speaking , — victima haud ulla amplior potest , magisque opima mactari jovi quam rex iniquus — — there can be slaine no sacrifice to god more accetable then an unjust and wicked king — but of these i name no more , lest it bee objected they were heathen ; and come to produce another sort of men that had the knowledge of true religion . among the jews this custome of tyrant-killing was not unusual . first ehud , a man whom god had raysd to deliver israel from eglon king of moab , who had conquerd and rul'd over them eighteene yeares , being sent to him as an ambassador with a present slew him in his owne house . but hee was a forren prince , an enemie , and ehud besides had special warrant from god . to the first i answer , it imports not whether forren or native : for no prince so native but professes to hold by law ; which when he himselfe overturnes , breaking all the covnants and oaths that gave him title to his dignity , and were the bond and alliance between him and his people , what differs he from an outlandish king or from an enemie ? for looke how much right the king of spaine hath to govern us at all , so much right hath the king of england to govern us tyrannically . if he , though not bound to us by any league , comming from spaine in person to subdue us or to destroy us , might lawfully by the people of england either bee slaine in fight , or put to death in captivity , what hath a native king to plead , bound by so many covnants , benefits and honours to the welfare of his people , why he through the contempt of all laws and parlaments , the onely tie of our obedience to him , for his owne wills sake , and a boasted praerogative unaccountable , after sev'n years warring and destroying of his best subjects , overcom , and yeilded prisoner , should think to scape unquestionable , as a thing divine , in respect of whom so many thousand christians destroy'd should lye unaccounted for , polluting with thir slaughterd carcasses all the land over , and crying for vengeance against the living that should have righted them . who knows not that there is a mutual bond of amity and brotherhood between man and man over all the world , neither is it the english sea that can sever us from that duty and relation : a straiter bond yet there is between fellow-subjects , neighbours , and friends ; but when any of these 〈◊〉 〈◊〉 to another so as hostility 〈…〉 doth the law decree less against them , then oepn enemies and invaders ? or if the law be not present , or too weake , what doth it warrant us to less then single defence or civil warr ? and from that time forward the law of civill defensive warr differs nothing from the law of forren hostility . nor is it distance of place that makes enmitie , but enmity that makes distance . he therefore that keeps peace with me neer or remote of whatsoever nation , is to mee as farr as all civil and human offices an englishman and a nighbour : but if an englishman forgetting all laws , human , civil and religious offend against life and libertie , to him offended and to the law in his behalf , though born in the same womb , he is no better then a turk , a sarasin , a heathen . this is gospel , and this was ever law among equals ; how much rather then in force against any king whatsoever , who in respect of the people is coufessd inferior and not equal : to distinguish therfore of a tyrant by outlandish , or domestic is a weak evasion . to the second that he was an enemie , i answer , what tyrant is not ? yet eglon by the jewes had bin acknowledgd as thir sovran , they had servd him eighteen yeares , as long almost as wee our vvilliam the conqueror , in all which time he could not be so unwise a statesman but to have tak'n of them oaths of fealty and allegeance by which they made themselves his proper subjects , as thir homage and present sent by ehud testifyd . to the third , that he had special warrant to kill eglon in that manner , it cannot bee granted , because not expressd ; t is plain that he was raysd by god to be a deliverer , and went on just principles , such as were then and ever held allowable , to deale so by a tyrant that could no otherwise be dealt with . neither did samuell though a profet , with his owne hand abstain from agag ; a forren enemie no doubt ; but mark the reason , as thy sword hath made women childless ; a cause that by the sentence of law it selfe nullifies all relations . and as the law is between brother and brother , father and son , maister and servant , wherfore not between king or rather tyrant and people ? and whereas jehu had special command to slay jehoram a successive and hereditarie tyrant , it seemes not the less imitable for that ; for where a thing grounded so much on naturall reason hath the addition of a command from god , what does it but establish the lawfulness of such an act . nor is it likely that god who had so many wayes of punishing the house of ahab would have sent a subject against his prince , if the fact in it selfe as don to a tyrant had bin of bad example . and if david refus'd to lift his hand against the lords anointed , the matter between them was not tyranny , but private enmity , and david as a private person had bin his own revenger , not so much the peoples ; but when any tyrant at this day can shew to be the lords anointed , the onely mention'd reason why david with held his hand , he may then but not till then presume on the same privilege . we may pass therfore hence to christian times . and first our saviour himself , how much he favourd tyrants and how much intended they should be found or honourd among christians , declares his minde not obscurely ; accounting thir absolute autoritie no better then gentilisme , yea though they flourishd it over with the splendid name of benefactors ; charging those that would be his disciples to usurp no such dominion ; but that they who were to bee of most autoritie among them , should esteem themselves ministers and servants to the public . matt. . . the princes of the gentiles exercise lordship over them , and mark . . they that seem to rule , saith he , either slighting or accounting them no lawful rulers , but yee shall not be so , but the greatest among you shall be your servant . and although hee himself were the meekest , and came on earth to be so , yet to a tyrant we hear him not voutsafe an humble word : but tell that fox , luc. . and wherfore did his mother the virgin mary give such praise to god in her profetic song , that he had now by the comming of christ cutt down dynasta's or proud monarchs from the throne , if the church , when god manifests his power in them to doe so , should rather choose all miserie and vassalage to serve them , and let them still sit on thir potent seats to bee ador'd for doing mischiefe . surely it is not for nothing that tyrants by a kind of natural instinct both hate and feare none more then the true church and saints of god , as the most dangerous enemies and subverters of monarchy , though indeed of tyranny ; hath not this bin the perpetual cry of courtiers , and court prelates ? whereof no likelier cause can be alleg'd , but that they well discern'd the mind and principles of most devout and zealous men , and indeed the very discipline of church , tending to the dissolution of all tyranny . no marvel then if since the faith of christ receav'd , in purer or impurer times , to depose a king and put him to death for tyranny hath bin accounted so just and requisit , that neighbour kings have both upheld and tak'n part with subjects in the action . and ludovicus pius , himself an emperor , and sonne of charles the great , being made judge , du haillan is my author , between milegast king of the vul●zes and his subjects who had depos'd him , gave his verdit for the subjects , and for him whom they had chos'n in his room . note here that the right of electing whom they please is by the impartial testimony of an emperor in the people . for , said he , a just prince ought to be prefer'd before an unjust , and the end of government before the prerogative . and constantinus leo , another emperor in the byzantine laws saith , that the end of a king is for the general good , which he not performing is but the counterfet of a king . and to prove that some of our owne monarchs have acknowledg'd that thir high office exempted them not from punishment , they had the sword of st. edward born before them by an officer who was calld earle of the palace eev'n at the times of thir highest pomp and solemnitie , to mind them , saith matthew paris , the best of our historians , that if they errd , the sword had power to restraine them . and what restraint the sword comes to at length , having both edge and point , if any sceptic will needs doubt , let him feel . it is also affirm'd from diligent search made in our ancient books of law , that the peers and barons of england had a legall right to judge the king : which was the cause most likely , for it could be no slight cause , that they were call'd his peers , or equals . this however may stand immovable , so long as man hath to deale with no better then man ; that if our law judge all men to the lowest by thir peers , it should in all equity ascend also , and judge the highest . and so much i find both in our own and forren storie , that dukes , earles , and marqueses were at first not hereditary , not empty and vain titles , but names of trust and office , and with the office ceasing , as induces me to be of opinion , that every worthy man in parlament , for the word baron imports no more , might for the public good be thought a fit peer and judge of the king ; without regard had to petty caveats , and circumstances , the chief impediment in high affaires , and ever stood upon most by circumstantial men . whence doubtless our ancestors who were not ignorant with what rights either nature or ancient constitution had endowd them , when oaths both at coronation , and renewd in parlament would not serve , thought it no way illegal to depose and put to death thir tyrannous kings . insomuch that the parlament drew up a charge against richard the second , and the commons requested to have judgement decree'd against him , that the realme might not bee endangerd . and peter martyr a divine of formost rank , on the third of judges approves thir doings . sir thomas smith also a protestant and a statesman in his commonwealth of england putting the question whether it be lawful to rise against a tyrant , answers that the vulgar judge of it according to the event , and the learned according to the purpose of them that do it . but far before those days gildas the most ancient of all our historians , speaking of those times wherein the roman empire decaying quitted and relinquishd what right they had by conquest to this iland , and resign'd it all into the peoples hands , testifies that the people thus re-invested with thir own original right , about the year , both elected them kings , whō they thought best ( the first christian brittish kings that ever raign'd heer since the romans ) and by the same right , when they apprehended cause , usually deposd and put them to death . this is the most fundamental and ancient tenure that any king of england can produce or pretend to ; in comparison of which , all other titles and pleas are but of yesterday . if any object that gildas condemns the britanes for so doing , the answer is as ready ; that he condemns them no more for so doing , then hee did before for choosing such , for saith he , they anointed them kings , not of god , but such as were more bloody then therest . next hee condemns them not at all for deposing or putting them to death , but for doing it over hastily , without tryal or well examining the cause , and for electing others worse in thir room . thus we have here both domestic and most ancient examples that the people of britain have deposd and put to death thir kings in those primitive christian times . and to couple reason with example , if the church in all ages , primitive , romish , or protestant held it ever no less thir duty then the power of thir keyes , though without express warrant of scripture , to bring indifferently both king and peasant under the utmost rigor of thir canons and censures ecclesiastical , eev'n to the smiting him with a final excommunion , if he persist impenitent , what hinders but that the temporal law both may and ought , though without a special text or president , extend with like indifference the civil sword , to the cutting off without exemption him that capitally offends . seeing that justice and religion are from the same god , and works of justice ofttimes more acceptable . yet because that some lately with the tongues and arguments of malignant backsliders have writt'n that the proceedings now in parlament against the king , are without president from any protestant state or kingdom , the examples which follow shall be all protestant and chiefly presbyterian . in the yeare . the duke of saxonie , lantgrave of hessen , and the whole protestant league raysd open warr against charles the fifth thir emperor , sent him a defiance , renounc'd all faith and allegeance toward him , and debated long in counsell whether they should give him so much as the title of caesar . sleidan . l. . let all men judge what this wanted of deposing or of killing , but the power to doe it . in the yeare . the scotch protestants claiming promise of thir queen regent for libertie of conscience , she answering that promises were not to be claim'd of princes beyond what was commodious for them to grant , told her to her face in the parlament then at sterling , that if it were so , they renounc'd thir obedience ; and soone after betooke them to armes . buchanan hist. l. . certainely when allegeance is renounc'd , that very hour the king or queen is in effect depos'd . in the yeare . john kn●x a most famous divine and the reformer of scotland to the presbyterian discipline , at a generall assembly maintaind op'nly in a dispute against lethington the secretary of state , that subjects might and ought execute gods judgements upon thir king ; that the fact of jehu and others against thir king having the ground of gods ordinary command to put such and such offenders to death was not extraordinary , but to bee imitated of all that prefer'd the honour of god to the affection of flesh and wicked princes , that kings , if they offend , have no privilege to be exempted from the punishments of law more then any other subject ; so that if the king be a murderer , adulterer , or idolater , he should suffer not as a king , but as an offender ; and this position hee repeates againe and againe before them . answerable was the opinion of john craig another learned divine , and that lawes made by the tyranny of princes , or the negligence of people , thir posterity might abrogate , and reform all things according to the original institution of common-wealths , and knox being commanded by the nobilitie to write to calvin and other learned men for thir judgements in that question refus'd ; alleging that both himselfe was fully resolv'd in conscience , and had heard thir judgements , and had the same opinion under hand-writing of many the most godly and most learned that he knew in europe ; that if he should move the question to them againe , what should he doe but shew his owne forgetfulness or inconstancy . all this is farr more largely in the ecclesiastic history of scotland l. . with many other passages to this effect all the book over ; set out with diligence by scotchmen of best repute among them at the beginning of these troubles , as if they labourd to inform us what wee were to doe and what they intended upon the like occasion . and to let the world know that the whole church and protestant state of scotland in those purest times of reformation were of the same belief , three years after , they met in the feild mary thir lawful and hereditary queen , took her prisoner yeilding before fight , kept her in prison and the same yeare deposd her . buchan . hist. l. . and four years after that , the scots in justification of thir deposing queen mary , sent embassadors to queen elizabeth , and in a writt'n declaration alleag'd that they had us'd towards her more lenity then shee deservd ; that thir ancestors had heretofore punishd thir kings by death or banishment ; that the scots were a free nation , made king whom they freely chose , and with the same freedome un-kingd him if they saw cause , by right of ancient laws and ceremonies yet remaining , and old customers yet among the high-landers in choosing the head of thir clanns , or families ; all which with many other arguments bore witness that regal power was nothing else but a mutuall covnant or stipulation between king and people . buch. hist. l. . these were scotchmen and presbyterians ; but what measure then have they lately offerd , to think such liberty less beseeming us then themselves , presuming to put him upon us for a maister whom thir law scarce allows to be thir own equall ? if now then we heare them in another straine then heretofore in the purest times of thir church , we may be confident it is the voice of faction speaking in them , not of truth and reformation . in the yeare . the states of holland in a general assembly at the hague , abjur'd all obedience and subjection to philip king of spaine ; and in a declaration justifie thir so doing ; for that by his tyrannous goverment against faith so oft'n giv'n and brok'n he had lost his right to all the belgic provinces ; that therfore they deposd him and declar'd it lawful to choose another in his stead . thuan. l. . from that time , to this no state or kingdom in the world hath equally prosperd : but let them remember not to look with an evil and prejudicial eye upon thir neighbours walking by the same rule . but what need these examples to presbyterians , i meane to those who now of late would seem so much to abhorr deposing , whenas they to all christendom have giv'n the latest and the liveliest example of doing it themselves . i question not the lawfulness of raising warr against a tyrant in defence of religion , or civil libertie ; for no protestant church from the first waldenses of lyons , and languedoc to this day but have don it round , and maintaind it lawfull . but this i doubt not to affirme , that the presbyterians , who now so much condemn deposing , were the men themselves that deposd the king , and cannot with all thir shifting and relapsing , wash off the guiltiness from thir owne hands . for they themselves , by these thir late doings have made it guiltiness , and turnd thir owne warrantable actions into rebellion . there is nothing that so actually makes a king of england , as righful possession and supremacy in all causes both civil and ecclesiastical : and nothing that so actually makes a subject of england , as those two oaths of allegeance and supremacy observd without equivocating , or any mental reservation . out of doubt then when the king shall command things already constituted in church , or state , obedience is the true essence of a subject , either to doe , if it be lawful , or if he hold the thing unlawful , to submit to that penaltie which the law imposes , so long as he intends to remaine a subject . therefore when the people or any part of them shall rise against the king and his autority executing the law in any thing establishd civil or ecclesiastical , i doe nor say it is rebellion , if the thing commanded though establishd be unlawfull , and that they sought first all due means of redress ( and no man is furder bound to law ) but i say it is an absolute renouncing both of supremacy and allegeance , which in one word is an actual and total deposing of the king , and the setting up of another supreme autority over them . and whether the presbyterians have not don all this and much more , they will not put mee , i suppose , to reck'n up a seven yeares story fresh in the memory of all men . have they not utterly broke the oath of allegeance , rejecting the kings command and autority sent them from any part of the kingdom whether in things lawful or unlawful ? have they not abjur'd the oath of supremacy by setting up the parlament without the king , supreme to all thir obedience , and though thir vow and covnant bound them in general to the parlament , yet somtimes adhering to the lesser part of lords and commons that remaind faithful as they terme it , and eev'n of them , one while to the commons without the lords , another while to the lords without the commons ? have they not still declar'd thir meaning , whatever their oath were , to hold them onely for supreme whom they found at any time most yeilding to what they petitiond ? both these oaths which were the straitest bond of an english subject in reference to the king , being thus broke and made voide , it follows undeniably that the king from that time was by them in fact absolutely deposd , and they no longer in reality to be thought his subjects , notwithstanding thir fine clause in the covnant to preserve his person , crown , and dignitie , set there by som dodging casuist with more craft then sinceritie to mitigate the matter in case of ill success , and not tak'n i suppose by any honest man , but as a condition subordinate to every the least particle that might more concern religion , liberty , or the public peace . to prove it yet more plainly that they are the men who have deposd the king , i thus argue . we know that king and subject are relatives , and relatives have no longer being then in the relation ; the relatiō between king and subject can be no other then regal autority and subjection . hence i inferr past their defending , that if the subject who is one relative , takes away the relation , of force he takes away also the other relative ; but the presbyterians who were one relative , that is to say subjects , have for this sev'n years tak'n away the relation , that is to say the kings autoritie , and thir subjection to it , therfore the presbyterians for these sev'n yeares have removd and extinguish the other relative , that is to say the king , or to speake more in brief have depos'd him ; not onely by depriving him the execution of his autoritie , but by conferring it upon others . if then thir oathes of subjection brok'n , new ` supremacy obey'd , new oaths and covnants tak'n , notwitstanding frivolous evasions , have in plaine tearmes unking'd the king , much more then hath thir sev'n yeares warr not depos'd him onely , but outlawd him , and defi'd him as an alien , a rebell to law , and enemie to the state . it must needs be cleare to any man not averse from reason , that hostilitie and subjection are two direct and positive contraries ; and can no more in one subject stand together in respect of the same king , then one person at the same time can be in two remote places . against whom therfore the subject is in act of hostility we may be confident that to him he is in no subjection : and in whom hostility takes place of subjection , for they can by no meanes consist together , to him the king can bee not onely no king , but an enemie . so that from hence wee shall not need dispute whether they have depos'd him , or what they have defaulted towards him as no king , but shew manifestly how much they have don toward the killing him . have they not levied all these warrs against him whether offensive or defensive ( for defence in warr equally offends , and most prudently before hand ) and giv'n commission to slay where they knew his person could not bee exempt from danger ? and if chance or flight had not sav'd him , how oft'n had they killd him , directing thir artillery without blame or prohibition to the very place where they saw him stand ? have they not converted his revenue to other uses , and detain'd from him all meanes of livelyhood , so that for them long since he might have perisht , or have starv'd ? have they not hunted and pursu'd him round about the kingdom with sword and fire ? have they not formerly deny'd to treat with him , and thir now recanting ministers preach'd against him , as a reprobate incurable , an enemy to god and his church markt for destruction , and therfore not to bee treated with ? have they not beseig'd him and to thir power forbid him water and fire , save what they shot against him to the hazard of his life ? yet while they thus assaulted and endangerd it with hostile deeds , they swore in words to defend it with his crown and dignity ; not in order , as it seems now , to a firm and lasting peace , or to his repentance after all this blood ; but simply , without regard , without remorse or any comparable value of all the miseries and calamities sufferd by the poore people , or to suffer hereafter through his obstinacy or impenitence . no understanding man can bee ignorant that covnants are ever made according to the present state of persons and of things ; and have ever the more general laws of nature and of reason included in them , though not express'd . if i make a voluntary covnant as with a man to doe him good , and hee prove afterward a monster to me , i should conceave a disobligement . if i covnant , not to hurt an enemie , in favor of him and forbearance , and hope of his amendment , and he , after that , shall doe me tenfould injury and mischief to what hee had don when i so covnanted , and stil be plotting what may tend to my destruction , i question not but that his after actions release me ; nor know i covnant so sacred that withholds mee from demanding justice on him . howbeit , had not thir distrust in a good cause , and the fast and loos of our prevaricating divines oversway'd , it had bin doubtless better , not to have inserted in a covnant unnecessary obligations , and words not works of a supererogating allegeance to thir enemy ; no way advantageous to themselves , had the king prevail'd , as to thir cost many would have felt ; but full of snare and distraction to our friends , usefull onely , as we now find , to our adversaries , who under such a latitude and shelter of ambiguous interpretation have ever since been plotting and contriving new opportunities to trouble all againe . how much better had it bin , and more becomming an undaunted vertue to have declard op'nly and boldly whom and what power the people were to hold supreme , as on the like occasion protestants have don before , and many conscientious men now in these times have more then once besought the parlament to doe , that they might go on upon a sure foundation , and not with a ridling covnant in thir mouthes , seeming to sweare counter almost in the same breath allegeance and no allegeance ; which doubtless had drawn off all the minds of sincere men from siding with them , had they not discern'd thir actions farr more deposing him then thir words upholding him ; which words made now the subject of cavillous interpretations , stood ever in the covnant by judgement of the more discerning sort an evidence of thir feare not of thir fidelity . what should i return to speak on , of those attempts for which the king himself hath oft'n charg'd the presbyterians of seeking his life , whenas in the due estimation of things they might without a fallacy be sayd to have don the deed outright . who knows not that the king is a name of dignity and office , not of person : who therfore kils a king , must kill him while he is a king . then they certainly who by deposing him have long since tak'n from him the life of a king , his office and his dignity , they in the truest sence may bee said to have killd the king : nor onely by thir deposing and waging warr against him , which besides the danger to his personal life , set him in the fardest opposite point from any vital function of a king , but by thir holding him in prison vanquishd and yeilded into thir absolute and despotic power , which brought him to the lowest degradement and incapacity of the regal name . i say not whose matchless valour next under god , lest the story of thir ingratitude thereupon carry me from the purpose in hand , which is to convince them that they , which i repeat againe , were the men who in the truest sense killd the king , not onely as is provd before , but by depressing him thir king farr below the rank of a subject to the condition of a captive , without intention to restore him , as the chancellour of scotland in a speech told him plainly at newcastle , unless hee granted fully all thir demands , which they knew he never meant . nor did they treat or think of treating with him , till thir hatred to the army that deliverd them , not thir love or duty to the king , joyn'd them secretly with men sentencd so oft for reprobates in thir owne mouthes , by whose suttle inspiring they grew madd upon a most tardy and improper treaty . whereas if the whole bent of thir actions had not bin against the king himselfe , but against his evill councel , as they faind , and publishd , wherefore did they not restore him all that while to the true life of a king , his office , crown , and dignity , when he was in thir power , and they themselves his neerest counselers . the truth therefore is , both that they would not , and that indeed they could not without thir own certaine destruction , having reduc'd him to such a final pass , as was the very death and burial of all in him rhat was regal , and from whence never king of england yet revivd , but by the new re inforcement of his own party , which was a kind of resurrection to him . thus having quitc extinguisht all that could be in him of a king , and from a total privation clad him over like another specifical thing with formes and habitudes destructive to the former , they left in his person dead as to law and all the civil right either of king or subject the life onely of a prilner , a captive and a malefactor . whom the equal and impartial hand of justice finding , was no more to spare then another ordnary man ; not onely made obnoxious to the doome of law by a charge more then once drawn up against him , and his owne confession to the first article at newport , but summond and arraignd in the sight of god and his people , cutst and devoted to perdition worse then any ahab , or antiochus , with exhortation to curse all those in the name of god that made not warr against him , as bitterly as meroz was to be curs'd , that went not out against a canaanitish king , almost in all the sermons , prayers , and fulminations that have bin utterd this sev'n yeares by those clov'n tongues of falshood and dissention , who now , to the stirring up of new discord , acquitt him ; and against thir owne discipline , which they boast to be the throne and scepter of christ , absolve him , unconfound him , though unconverted , unrepentant , unsensible of all thir pretious saints and martyrs whose blood they have so oft layd upon his head : and now againe with a new sovran anointment can wash it all off , as if it were as vile , and no more to be reckn'd for then the blood of so many dogs in a time of pestilence : giving the most opprobrious lye to all the acted zeale that for these many yeares hath filld thir bellies , and fed them fatt upon the foolish people . ministers of sedition , not of the gospell , who while they saw it manifestly tend to civil warr and bloodshed , never ceasd exasperating the people against him ; and now that they see it likely to breed new commotion , cease not to incite others against the people that have savd them from him , as if sedition were thir onely aime whether against him or for him . but god as we have cause to trust , wil put other thoughts into the people , and turn them from looking after these firebrands , of whose fury , and sals prophecies we have anough experience ; and from the murmurs of new discord will incline them to heark'n rather with erected minds to the voice of our supreme magistracy , calling us to liberty and the flourishing deeds of a reformed common-wealth ; with this hope that as god was heretofore angry with the jews who rejected him and his forme of government to choose a king , so that he will bless us , and be propitious to us who reject a king to make him onely our leader , and supreme governour in the conformity as neer as may be of his own ancient government ; if we have at least but so much worth in us to entertaine the sense of our future happiness , and the courage to receave what god voutsafes us : wherin we have the honour to precede other nations who are now labouring to be our followers . for as to this question in hand what the people by thir just right may doe in change of government , or of governour , we see it cleerd sufsiciently ; besides other ample autority eev'n from the mouths of princes themselves . and surely they that shall boast , as we doe , to be a free nation , and not have in themselves the power to remove , or to abolish any governour supreme , or subordinate with the government it self upon urgent causes , may please thir fancy with a ridiculous and painted freedom , fit to coz'n babies ; but are indeed under tyranny and servitude ; as wanting that power , which is the root and sourse of all liberty , to dispose and oeconomize in the land which god hath giv'n them , as maisters of family in thir own house and free inheritance . without which natural and essential power of a free nation , though bearing high thir heads , they can in due esteem be thought no better then slaves and vassals born , in the tenure and occupation of another inheriting lord . whose government , though not illegal , or intolerable , hangs over them as a lotdly scourge , not as a free goverment ; and therfore to be abrogated . how much more justly then may they fling off tyranny , or tyrants ? who being once depos'd can be no more then privat men , as subject to the reach of justice and arraignment as any other transgressors . and certainly if men , not to speak of heathen , both wise and religious have don justice upon tyrants what way they could soonest , how much more mild and human then is it to give them faire and op'n tryall ? to teach lawless kings and all that so much adore them , that not mortal man , or his imperious will , but justice is the onely true sovran and supreme majesty upon earth . let men cease therfore out of faction and hypocrisie to make outcrys & horrid things of things so just and honorable . and if the parlament and military councel do what they doe without president , if it appeare thir duty , it argues the more wisdom , vertue , and magnanimity , that they know themselves able to be a president to others . who perhaps in future ages , if they prove not too degenerat , will look up with honour and aspire toward these exemplary , and matchless deeds of thir ancestors , as to the highest top of thir civil glory and emulation . which heretofore in the persuance of fame and forren dominion spent it self vain-gloriously abroad ; but henceforth may learn a better fortitude to dare execute highest justice on them that shall by force of armes endeavour the oppressing and bereaving ofreligion and thir liberty at home : that no unbridl'd potentate or tyrant , but to his sorrow for the future , may presume such high and irresponsible licence over mankind to havock and turn upside-down whole kingdoms of men as though they were no more in respect of his perverse will then a nation of pismires . as for the party calld presbyterian , of whom i beleive very many to be good & faithful christians , though misled by som of turbulent spirit , i wish them earnestly and calmly not to fall off from thir first principles ; nor to affect rigor and superiority over men not under them ; not to compell unforcible things in religion especially , which if not voluntary , becomes a sin ; nor to assist the clamor and malicious drifts of men whom they themselves have judg'd to be the worst of men , the obdurat enemies of god and his church : nor to dart against the actions of thir brethren , for want of other argument those wrested lawes and scriptures thrown by prelats and malignants against thir own sides , which though they hurt not otherwise , yet tak'n up by them to the condemnation of thir owne doings give scandal to all men and discover in themselves either extreame passion or apostacy . let them not oppose thir best friends and associats who molest them not at all , infringe not the least of thir liberties ; unless they call it thir liberty to bind other mens consciences , but are still secking to live at peace with them and brotherly accord . let them beware an old and perfet enemy , who though he hope by sowing discord to make them his instruments , yet cannot forbeare a minute the op'n threatning of his destind revenge upon them when they have servd his purposes . let them feare therefore , if they bee wise , rather what they have don already , then what remaines to doe , and be warn'd in time they put no confidence in princes whom they have provokd , lest they be added to the examples of those that miserably have tasted the event . stories can inform them how christiern the second , king of denmark not much above a hundred yeares past , driv'n out by his subjects , and receavd againe upon new oaths and conditions , broke through them all to his most bloody revenge ; slaying his chief opposers when he saw his time , both them and thir children invited to a feast for that purpose . how maximilian dealt with those of bruges , though by mediation of the german princes reconcil'd to them by solem and public writings drawn and seald . how the massacre at paris was the effect of that credulous peace which the french protestants made with charles the ninth thir king : and that the main visible cause which to this day hath sav'd the netherlands from utter ruine , was thir finall not belei●ing the perfidious cruelty which as a constant maxim of state hath bin us'd by the spanish kings on thir subjects that have tak'n armes and after trusted them ; as no later age but can testifie , heretofore in belgia it self , and this very yeare in naples . and to conclude with one past exception , though farr more ancient , david after once hee had tak'n armes , never after that trusted saul , though with tears and much relenting he twise promis'd not to hurt him . these instances , few of many , might admonish them both english and scotch not to let thir owne ends , and the driving on of a faction betray them blindly into the snare of those enemies whose revenge looks on them as the men who first begun , fomented and carri'd on beyond the cure of any sonnd or safe accommodation all the evil which hath since unavoidably befall'n them and thir king . i have something also to the divines , though brief to what were needfull ; not to be disturbers of the civil affairs , being in hands better able and more belonging to manage them ; but to study harder and to attend the office of good pastors , knowing that he whose flock is least among them hath a dreadfull charge , not performd by mounting twise into the chair with a formal preachment huddl'd up at the od hours of a whole lazy week , but by incessant pains and watching in season and out of season , from house to house over the soules of whom they have to feed . which if they ever well considerd , how little leasure would they find to be the most pragmatical sidesmen of every popular tumult and sedition ? and all this while are to learne what the true end and reason is of the gospel which they teach ; and what a world it differs from the censorious and supercilious lording over conscience . it would be good also they liv'd so as might perswade the people they hated covetousness , which worse then heresie , is idolatry ; hated pluralities and all kind of simony ; left rambling from benefice to benefice , iike ravnous wolves seeking where they may devour the biggest . of which if som , well and warmely seated from the beginning , be not guilty , t were good they held not conversation with such as are : let them be sorry that being call'd to assemble about reforming the church , they fell to progging and solliciting the parlament , though they had renouncd the name of priests , for a new setling of thir tithes and oblations ; and double lin'd themselves with spiritual places of commoditie beyond the possible discharge of thir duty . let them assemble in consistory with thir elders and deacons , according to ancient ecclesiastical rule , to the preserving of church discipline each in his several charge , and not a pack of clergie men by themselves to belly cheare in thir presumptuous sion , or to promote designes , abuse and gull the simple laity , and stirr up tumult , as the prelats did , for the maintenance of thir pride and avarice . these things if they observe and waite with patience , no doubt but all things will goe well without their importunities or exclamations : and the printed letters which they send subscrib'd with the ostentation of great characters and little moment , would be more considerable then now they are . but if they be the ministers of mammon instead of christ , and scandalize his church with the filty love of gaine , aspiring also to sit the closest and the heaviest of all tyrants , upon the conscience , and fall notoriously into the same sins , whereof so lately and so loud they accus'd the prelates , as god rooted out those immediately before , so will he root out them thir imitators : and to vindicate his own glory and religion , will uncover thir hypocrisie to the open world ; and visit upon thir own heads that curse ye meroz , the very motto of thir pulpits , wherwith so frequently , not as meroz , but more like atheists they have mock'd the vengeance of god , and the zeale of his people . the end . notes, typically marginal, from the original text notes for div a e- jer. . . prov. . . the original of kingly and ecclesiastical government by t.b. ... barlow, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the original of kingly and ecclesiastical government by t.b. ... barlow, thomas, - . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. episcopacy. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the original of kingly and ecclesiastical government . by t. b. dr. in divinity . mat. . . da caesari quae sunt caesaris . king jame's bas. dor. sublato episcopo tollitur rex . printed for robert clavell , and william hensman , . the contents . chap. i. god himself was the first founder , and the first that instituted the office of kings . chap. ii. the people cannot make an anointed king. chap. iii. the meaning of the anointing of kings . chap. iv. the reason why they are called the lords anointed . chap. . bad kings are the lords anointed as well as good . chap. vi. it is not lawful upon any pretences whatsoever to depose , or so much as touch the lords anointed . chap. vii . what is meant by touching the lords anointed . chap. viii . that kings now adays are to be had in the same veneration and esteem as the kings of judah and israel were , notwithstanding our christian liberty . chap. ix . that a king failing in his duty , and not performing those things which he hath sworn unto at his coronation ( so solemnly ) yet the people are not dis-obliged in their obedience unto him . chap. x. touch not mine anointed , psal. . meant by princes , and not otherwise . chap. xi . the objection of the ten tribes revolting from rehoboam , answered . chap. xii . the objection of jehu slaying his master joram , and taking the kingdom upon him , answered . chap. xiii . a discourse concerning the necessity and excellency of monarchy . chap. xiv . that there is no such thing as a free state in the world. chap. xv. a discourse concerning episcopacy , proving it to be jure divino . to the reader . good reader , we have lived to see our profession of christianity , to have yielded some men arguments for their taking up armes against their lawful soveraigns and goverment , certainly there hath been some violence used by them herein , or else this holy religion could never afforded them such a topick . submission to our lawful governours , not only for wrath , but also for conscience-sake , is the great duty and glory of our profession , whilest evil religions prompt men to rapine , blood , and violence , religio christiana nil suadet nisi justum & lene . the original and power of kingly government hath of late been much disputed , whether it be ( as our saviour spake of st. john's baptism ) from god or from men ; this author ( i think ) hath evinced the former , and if so , subjection is our duty ; t is not male administration or persecution ( as some men call it ) can ever warrant the subjects arms against his prince . the christian church gives no example , nor our religion any precept for such undertakings ; if it then be religion ( as some men would have us think ) they fought for , why do they use unlawful weapons ? must prayers and tears be turned into pike and musket because a nero is thy governour ? the church of god knows no such usage , the legal dispensation it self , which will be acknowledged somewhat harsh in respect of the gospel , will not permit a holy david , tho a man after gods own heart , to build his temple , for that he was a man of battel and his hands were bloody ; peace , meekness , charity , and submission to our lawful government , are the effects and true signs of real christanity , the other is but spurious and apocryphal . to inform our reader of the rise of kingly government is the design of this pious author , and to perswade us to subjection to our civil as well as ecclesiastick governors , is the main intention and scope of his undertakings ; which i hope ( good reader ) by a due perusal of this small book may be well attained as the thing it self is well made out by the author , and so i leave thee to the use of the book . the original of government . chap. i. who was the first founder , or the first that instituted the office of kings . vvee , say some people , were the first that desir'd them , and moved for them , and had them , and chose them . and all the people went to gilgal , and there they made saul king before the lord in gilgal . sam. . . sam. . . soft and fair , good people ; do not mistake your selves ; you desired , and moved for , and would have , and had a king , but god gave him you : i gave thee a king , o israel , in mine anger , and i took him away in my wrath , hosea . , . according to this we read acts . . they desired a king , and god gave unto them saul , &c. and for your making of a king at gilgal , your making was but approving , and applauding him , that was made already ; for saul was both made a king , and confirmed king , and executed his office , before the people are said to have mad● him king in gilgal : he was anointed king over israel , sam. . . he was confirmed by signs , sam. . , , , &c. he executed his office , sam. . , . god first , sent . and s●condly , shewed . and thirdly , chose . and fourthly , anointed . and fifthly , found them out a king , before ever it is said , they made him . first , god sent him ; i will send thee a man out of the tribe of benjamin , and thou shalt anoint him to be captain over my people . secondly , god shewed him ; for neither the people , nor any of the saints , nor the elders of bethlehem , no , nor samuel himself , knew not where to find this first of kings , 'till god said , this is he , he shall reign over my people , sam. . . thirdly , god chose him himself ; and samuel said to all the people , see him whom the lord hath chosen , sam. . . if the people had made him themselves , or could make him , what needed they to have come unto samuel , to bid him , make us a king to judge us ? sam. . . and to say , give us a king ? which deprecation was indeed no otherwise , than as if they should have desired samuel to have asked a king for them of the lord ; for so it seems by the sequel , for immediately hereupon samuel went unto the lord , and declared their importunity , and the lord said , that he should hearken unto the voice of the people in all that they said unto him , verse . and this most certain and agreeable unto sam. . where samuel tels the people ; ye have this day rejected your god , &c. and have said unto him , set a king over us fourthly , god anointed him ; samuel took a violl of oyl and poured it on his head , and kissed him , and said , is it not because he hath anointed thee to be captain over his inheritance , sam . . fifthly , god found him out for them , where he was hidden from them ; for when all the tribes of israel were come together , and the tribe of benjamin was taken , and the families of that tribe drew neer ; and the family of matri was taken out of those families , and saul the son of kish from thence : sam. . , . ( the smallest tribe , the least family , the poorest benjamite , as shewing us that kings were not to have derivation from the mighty people but from the almighty god : sam. . . ) the people sought him but they could not find him , so that they were fain to enquire of the lord for him , and the lord shewed them where he had hid himself in the stuffe ; sam. . . so that all that the people of israel had to doe , either in the election , institution , nomination , creation , or invention of their first king , was ( when god had done all this ) to shout , and say , god save the king , sam. . , and for their making a king , after all this in gilgall , ● it could be no otherwise than their approbation of him , who was thus made by god already . neither was god only the founder of the first king of the jews , but of all the rest also : he was davids founder too , i have found david my servant , with my holy oyl have i anointed , him , psal. . . it was well for david , for he should have been but a poor king , if he had been but of the peoples finding ; and it may be they would not have known what to have made of him when they had found him . david was not silius populi , but dei , the son of god , not of the people : psalm . . he was neither exalted of the p●ople , nor chosen of the people , i have exalted one chosen out of the people , said god , ( vers . . ) but the exaltation was gods , and the choice not of , but out of the people . kings are not children of the most voices , but children of the most high , psal. . . yet the approbation of the people may serve ad pompam , but not ad necessita●em ; it may ad● something to the solemnity , but nothing to the essence of the constitution ; what was divinely given , may be humanely received , and so are kings . neither will we speak of the king , or the first of the kings of iudah or israel , but we will go along with the first king that e're was read of ( if there be not books ancienter than the books of moses ) and that was melchisedec king of salem : this melchisedec is said to have neither father nor mother ; it could not be said so in regard of his person , for we all know who he was , and who his father and mother were ; he was sem , the eldest son of noah , but it was said so , in respect of his office ; shewing us , that kings , they are not the off-spring of men , but an emanation from the deity , and teaching us , that as kings are not of the peoples making , so they ought not to be of the peoples marring , and as they are not the founders , so they ought not to be the confounders of them ; cujus est instituere , ejus est abrogare , they that institute , may abrogate , they that make , may unmake , what thou buildest thy selfe , thou maist lawfully pull down ; thou maist diruere edificare mutare , quadrata rotundis , but if thou destroyest that which another hath built , thou maist chance to be sued for dilapidations : if a limner draw a picture , he may alter and change it , and if he dislike it , race it out at his pleasure ; or if a carver or ingraver mislike his one handy-work , he may destroy it when he pleases ; but if god makes a man after his own image , and creates him , after his own similitude , we offend god in a high degree , when we cut off , or deface the least part , or member of his handy-work . now kings are lively representations , living statues , or pictures , drawn to the life , of the great deity ; these pictures , for their better continuance , are done in oyl , the colours of the crown never fade ; they are no water colours ; as kings with their own statues will not be angry , though time and age devour them , yet they will not suffer them spitefully to be thrown down , or shot against ; so god , though he will suffer kings to die like men , and fall like other princes ; yet he will not suffer his character , spitefully to be raced , or his image defaced ; but though he will have them dye like men , yet he will have them live like gods. and if all this be not proof suicffient , you shall hear god the father , god the son , and god the holy ghost affirm as much . god the father plainly affirms ▪ john . . dixi dii estis , i have said ye are gods ; but if the stroke had been in the people , then it should have been , nos diximus dii estis , we have said ye are gods. god the son told pilate , thou shouldest have no power except it were ( data desuper ) given from above ; but if the people had given him that power , then it should have been , thou shouldest have no power , except it were ( data desubter ) given from beneath ; and i am sure the holy ghost tels us , per me reges regnant , by me kings reign ; but if they reigned by the suffrage of the people , then it should have been per nos , according to the modern dialect , they reign by us , and as long as we think fit , and when we think it fit no longer , they shall reign no more ; they received their authority from us , and we may recall it when we please , and depose them when we list ; for they are but proxies and atornies , of the people , see buch. de jure regni , fickerus , & renecherus , &c. little thinking how by this powerfull doctrine of theirs , they ( quite contrary to the word of god ) destroy the higher powers , and give the whole trinity the lie at once : and if these testimonies are not sufficient , i know why they are not , because they never were confirmed by act of parliament chap. ii. whether the people can make a king or not . if the question be asked , whether the people doe make the king or not ? i could no more grant it , then i should grant , that the people made heaven ; but if you ask me , whether the people can make a king ( such a one as they use to make ) if they have not one already of gods making , they may ; such are kings and no king ; not reges but regentes ad placitum : kings by election , are allways kings upon condition , an● where the condition is so little worth , the obligation is the lesse , and but small security will be required : for my own part i should be ashamed to ware a crowne on my head , when the people must raigne , and the king stand under the penthouse : an● i had as live they should make me a jack a lent , for apprentices to throw their cudgels at me , as to make me a king to be controuled by their masters , and every tribune of the people ; for as an invitation to a dinner where there is no meat , is but a distastfull banquet , so the name of a king without its adjuncts , is but a favourless renown ; and in deed such as they are not actu reges , they do but agere regem , they are not actual kings , they doe but act the part of a king , and j hold him that acts the part of a king an hour upon the stage , to be as real a king for his time and territories as the b●st king by election , who is chosen but for his life ; herein consists the difference , as the one must act his part as the poets please , so the other must act his part as the people please ; they must have their parts given them , they must act it accordingly ▪ they must not so much as tread the stage awry ; their subjects are both spectators and judges , and it lies within the favour of the next society , whether or no the son shall come to act the fathers part . such kings as these the people may make , but to make a sacred and anoynted king , an established and successive monarch , a king that hath this hereditatem in him , a king that hath this noli me tangere about him ; whose writs were alwaies termed sacri apices , whose commands divalis jussio , whose presence sacra vestigia , whose throne is the lords , whose scepter is his rod , whose crowne is his favour , and whose representation is of himselfe ; the people can no more make such a deity then so many tapers can make a glorious sunne , or so many sparks of sprey and faggots , can make a firmament of stars ▪ chap. iii. what is meant by anoynting of kings . anointing , in severall places of scripture , betokens some spirituall grace , as jam , . call the elders of the church , and let them pray over the sicke , anoynting him with oyl in the name of the lord : which the roman-catholicks call extream unction , though now adays , we only make use of the extremity and leave out the unction : and therefore some will have the anoynting of kings to signifie some spirituall grace also , which shall inable them with religion and aptness to govern well ; which when they cease to doe , their anointing falleth off , and they cease to be kings ; if they be not good , they are none of gods anointed , and if they be not his anointed , they care not whose they are . this doctrine hath cause● the shedding of more bloud than there is now runn●ng in the veins of living christians ; whereas the truth is , it is neither religion , nor virtue , nor grace that is me●nt by this royall anointing ; cyrus was chr●●tus domini ▪ as well as josias , and saul as well as david : if religion were that that did the deed , then cyrus had not been the lords anoyn●ed ▪ if vertue , then no saul ; if grace , neither : if religion make kings , then there should have been of old no kings ; but those of iudah ; and now no kings , but those of christendome . it is jus regnandi that he meant by this royal anointing ; and vnction confers no grace , but declares a just title only ; unxit in regem , he anointed him king , includes nothing but a due title , excludes nothing but usurpation ; gives him the administration to govern , not the gift to govern well ; the right of ruling , not of ruling right : kings are anoynted with oyl , to shew , that as they have thrones to signifie that they are the cistern of iustice , and crowns to signifie that they are the fountains of honours , and scepters to signifie that the hands which hold them , are the magazines wherein the whole strength & amunition of kingdoms are reposed : so anointing is a sacred signature betokening soveraignty , obedience to the throne , submission ●o the scepter , allegiance to the crown , and supremacy to the oyl must needs be given , for oyl will have it : pour oyl and wine , and water , and vinegar , or what other liquor you please together , oyl will be sure to be uppermost : the three first ceremonies make him but high and mighty , and puissant , but the last only makes him sacred , and therefore some have maintained that a king is mixta persona cum sacerdote , whether he be so or no i will not here insist ; but sure i am , that there is much divinity in the very name , and essence of kings ; which duly consi●ered and belived ▪ that kings are thus sacred ( as we ought , and gods word informs us ) we would take heed how we touch , take warning how we tear and rend in peices , as much as in us lies ( with those leaden messengers of death ( with their gunpowder commissions ) to fetch the higher to the lower powers , and make the king a subject to the subjects wills , ) the sacred person of so great majesty ; whereas the cutting off but a peice of the lappe of ●auls garment , hath checkt a greater spirit , then the proudest riser up against his soveraigne : we would not speak so despicably of the lords anointed ; what is the king ? he is but a man , he is but one he hath a soul to be saved as well as others ; for though all this be true , yet the end for which all this is said , is most false and a●ominable , for though it be true that the king is but a man ▪ yet it is also true , that that man is the light of israel , kin. . . we must take heed how we put it out . and though it be true , that such a piece of silver , is but a piece of silver , yet as it bears cesars image and superscription upon it , it is more significant ; and if thou either pare or impare it a jot , if thou art found either clipping , or diminishing of it in the least degree , thou dost it to the prejudice of thine own life ; so though a king be but a man as in himself , yet as he bears representation of god , and hath his character stamped upon him , he is some-what more , if you will beleive him that said ye are gods , psalm . . and therefore we must take heed how we debase or detract from them who represent so great a deity , who by reason of their proximity and nearnesse unto god in some respects are most commonly of more discerning spirits then ordinary men : for mephibosheth , when his servant had so grieviously slandred him to david , he makes but a short complaint . my servant hath slandred me ; but ( as if he should say , i need not tell thee much , thou hast wisedom enough to find it out ) my lord the king is as an angel of god , doe therefore what is good in thine own eyes : therefore because thou art as an angel of god , and thy selfe art a good intelligencer , as all angels are , do what is good in thine own eyes ; as if he should have said , if thou doest only that which seemeth to be good in other mens eyes , it may be they will perswade thee that the thing was true , wherein my servant slandred thy servant poor mephibosheth , and he huffer wrongfully . i am of opinion that god gives to every king to whom he communicates his name and authority , this extraordinary gift of discerning ; but because they do not some times make use of it to the end it was bestowed upon them , viz. ( the better goverment of their severall dominions ) but are contented to see and discerne with other mens eyes ; and to have false spectacles put upon their noses , whereby many a good man suffers : god in his justice gives them over ▪ that in their own particular , and wherein their own greatest good is chiefly concerned , they shall make least use of their own judgements and advice , and wholly give themselves to be overswayed by the advice of those , whose judgements perhaps is not so good as their own , and whose intentions ( it may be ) are no better then they should be . it is written that the hearts of kings are in the hands of the lord , and he disposeth them as seemeth best to his heavenly wisdome ; certainly i would take a little advice from that heart , that is so directed by that hand ; the kings head never plotted treason against the crown , and no man can wish better to his majesty then the king. i speak not this in derogation either of the great or privy councel ( for it is written , in the multitude of councellors there is safety ) but in defence only of these sons of oyl , who are supreme in both . and as it is true that the king is but one man , so it is also true , that one man is worth ten thousand of the people ; thou art worth ten thousands of us ( though all his worthies were in place ) sam. . . and though it be true , that the king hath a soul to be saved as well as others , yet it is also true , that he should have no body to be crucified by his subjects , out of their dis-esteem of his person , the ceremonies of state ( as anointing , sitting in thrones , holding of scepters , and coronation it self ) being to be exploded now a days ; and who look'd for it otherwise , when the lawful and decent ceremonies of the church were called reliques of popery , and raggs of the whore of babilon : was it otherwise to be expected , but that they would call these ceremonies of state , theatrica pompa : stage plays , toyes : tush say they , what need all these popperies , a kings throne is his ●ustice , his crown his honour , his scpeter and heifest strength , the peoples hearts ; his holy oyl is his religion , and zeal to gods glory ; and so it is , what then ? may we not have the signs , and the things signified also ? because the true receiving of the communion , is the receiving of the body , and blood of christ by faith ; therefore shall we have no bread and wine ? or because that true baptism is the washing away of original sin , with the la●er of regeneration ; therefore shall we have no water powred on the child ? we have scripture for these ceremonies , and i am sure we have no scripture for the abolishing of them , but rather scripture for their continuation for ever . reges in solio collocat in perpetuum : god establishes kings upon their thrones for ever , job . . . chap. iv. why they are called the lords anointed . the lords anointed , is as much as to say the lords christ , and christi signifieth anointed ones : in the hebrew you shall read it , who shall lay his hand upon the lords messiah ? for the lords anointed . sam. . . in the greek , who can lay his hand upon the lords christ. kings are taken into the society of gods name , dixi dii esti● , i have said ye are gods ; and here into the society of christs name , and all to terrifie subjects from lifting up their hands against the lords anointed , as much as if he were god or christ himself . again , kings are not termed uncti domini ( for that were no prerogative to them at all ) but christi domini , for not only persons , but things also , were anointed under the law ; not only kings , but priests and prophets likewise ; neither did it rest there , but it extended to the tabernacle it self , and ran down to the vessels thereof , even to the very fireforks , ashpans , and snuffers : but unto whom said he any time , tu es christus meus , heb. . , . but unto christ , and kings ? to christ once , luke . . to kings thirty two times throughout the bible ; four times by god himself ; kings are called christi mei , mine anointed ; six times to god , christi tui , thine anointed , ten times of god , christi ejus , his anointed ; twelve times in terms terminant , christi domini , the lords anointed : and therefore the ol● translator observed it rightly , when in the same word , in the hebrew , and the greek , he speaks of the priest , he translates it unctus ; but when of the king ( always ) christus . and as they are not uncti , but christi , so they are not christi populi , but christi domini ; not the people 's anointed , but the lords anointed ; there may be a master of the ceremonies , but there must be no master of the substance ; they are the lord 's christs , and they hold their kingdoms under him , in kings service : neith●r are the kingdoms of the earth any bodies else but gods : the kingdoms are gods , dan. . . neither are they at any mans disposing but his , he giveth them to whom he pleaseth , ( loco citato ) therefore for whose they are , they are the lords ; and for what they are , they may thank him and none else . secondly , they are the lords , because that by him , an● in him , and through him , th●y have their dominion , and regiment ; from him they have their crowns ; from his hands their coronation : di●dema regis in manu dei , esay . . the ●oyal diadem is in the hand of god , and out of that hand he will not part with it so much , as for another , to place it upon the kings head ; but it must be tu posuisti ( tu domine ) thou , o lord , hast set a crown of pure gold upon his head , psal. . . the emperours used to stamp their coyn with a hand coming out of the clouds , holding a crown , and placing it upon their heads ; we have no such hierogliphicks in our coyn , as a hand coming out of a cloud ; but we have grace from heaven , d●i gratia , so that there is not a king but may say with the apostle , gratia dei sum qui sum , by the grace of god ▪ i am that i am ; and indeed kings are kings , as paul was an apostle , not of men , neither by man , but by god. thirdly , they are the lord 's christs ; because , not only their crowns are in the hands of the lord , but he puts the scepter into theirs : nay , the scepters which princes hold in their hands , are gods scepters , being there , virga d●i in manibus ejus , it is gods rod that is in their hands , exod. . . and therefore right is the motto ( and reason is it that they should be esteemed the lords anointed ▪ ) diev et mon droit , god and my right ; none else have to do with it , the scepter of a kingdom , in the hands of a king , is the livery and seisin which is given him by god , of the whole mili●ia , within his dominion : they that take away that , put a reed into the hand of christs anointed : and why should it be expected that they should deal otherwise with christs anointed , then they did with christ himself , first put a reed in his hand , and afterwards a spear into his heart . fourthly , kings are the lords anointed , because they sit upon his throne : sedebat solomon in throno dei , ●olomon sate upon gods throne : chro. . . but if solomon should have lived in these our days , instead of his six steps to his great throne of gold , and ivory , he should have six steppers to his throne , for the gold and ivory sake ; instead of having a foot-stool of gold under his feet , he should have much ado to keep a crown of pure gold upon his head : instead of hands to stay his throne , he should have hands enough to pull it down , and cast it to the ground : and instead of two , and twelve lyons fixed on cach side as a guard unto his throne , he should have found many lyons , without regard , running up and down , seeking how they might destroy him . lastly , kings are the lords anointed , because they are anointed with his own oyl ▪ oleo sancto meo , with my holy oyl have i anointed him , psal. . . it is not with any common , or vulgar oyl , or oyl that any lays claim to but himself : but it is oleo meo , my oyl , neither is it oyl , that was fetch'd out of any common shop , or warehouse , but it is oleo sancto , with holy oyl , oyl out of the sanctuary : and no question but this is a main reason ( if they would speak out ) why some have such an aking tooth at the sanctuaries , because they maintain in them , oyl for the anointing of kings ; but if the alablaster box were broken , the ointment would soon be lost : if they could persuade the king out of the church into the barn , they would soon pull a reed out of the thatch , to put into his hand instead of a scepter ; or if they could get him to hear sermons under a hedge , there would not be materials wanting to make a crown of thorns to plat it on his head . thus you see the reasons why kings are called the lords anointed , because the lord hath appropriated them unto himself , not in a common and general way , but in a particular and exclusive manner : my king , my kingdom , my crown , my scepter , my throne , my oyl , where is there left any place for claim ? pride may thrust down angels out of heaven , and violence may crucifie the son of god ; but ( all these things considered ) who can stretch forth his hand against the lords anointed , and be guiltless ? sam. . . chap. v. whether bad kings be the lords anointed , or not . they are : for they are of the lords sending , and appointment as well as the good . i will set an evil man to rule over them ( saith god ) and i gave them a king in mine anger , hosea . . which king was saul , which saul was a tyrant , which tyrant was the lords anointe● when he was at the worst . you cannot have two better witnesses then david , and the holy ghost , sam. . cyrus was a heathen persian , and one that knew not god , yet for all that , haec dicit dominus , cyro christo meo , thus saith the lord to cyrus mine anointed ; esay . . nero was no good emperour , but a monster of man-kind , yet saint peter , in whose days he wrote his epistle ▪ commanded all christians to submit to him ▪ pet. . . hasael , whom the lord fore-saw , and fore-shewed unto his prophet elisha , to be the destroyer of his people of israel , and one , that should make them like the dust by thres●ing , kings . . one that will set their strong holds on fire , slay their young men with the sword , dash their children against the wall , and rip up their women with child ; insomuch that it made the prophet weep to foresee all the miseries that should happen , king. . . insomuch that it made hasael himself ( when he was told thereof ) cry out , is thy servant a dogg , that he should do all these things ? vers . . yet for all this , go● will have him to be king , and it be put to scourge his people , the lord hath shewed m● that thou shalt be king over syria ▪ vers . . julian when from his christianity , he fell to flat pagani●m , yet this anointing held , no christian ever sought , no preacher ever taught to touch him , or resist him in the least degree ; for whilst the cruel and bloody emperours were persecuting the poor christians , they were fitting their necks for the yoke , and teaching one another postures , how they might stand fairest for the stroke of death . and this was not quia deerant vires , because they could not help it ; for the greatest part of julians army , and the most part of his empire were christians : for saith tertullian in his apologetical defence of the christians of those times , una nox pauculis faculis , &c. one night with a few firebrands will yield us sufficient revenge , if we durst , by reason of our christian obligation , and shews how they neither wanted forces , or numbers and that neither the moors , or the persians or any other nation whatsoever , were more mighty , or more populous than they : and how they filled all places , towns , cities , imperial palaces , senates , and seats of judgment ; and that they could do any thing , in their revenge , if it were any thing lawful ; but this anointing was the thing that kept the swelling down , and hindred the corrupt humours from gathering to a head : and therefore it is not as stephanus junius , franciscus hottomanus , georgius buchananus , ficklerus ● renecheru● , with the rest of the pillars of the puritan anarchy , do answer ( being gra●el'd at the practice of the primitive chri●tians , an● those precepts of the holy apostl● ) that the church then ( as it were swathed in the bonds of weakness ) had not strength enough to make powerful resistance ; and therefore , so the one taught , and the other obeyed , but if this doctrine were allowable , then would inevitably follow these two gross absu●dities . . that the pen of the holy ghost ( which taught submission even to the worst of kings ) was not directed according to the equity of the thing , but the necessity of the times . . that either the holy ghost must turn politician , and become a timeserver , or else the church must lose the means of its being , and substance . whereas we know the contrary so well , that when acies ecclesi●e , was so far from its bene ordin●ta , that w●en all the souldiers fled , and the life-guard ●outed , the lord of ●ost ( the general himself ) taken prisoner , yet then , like the sun looking biggest in lowest estate , so the son of righteousness , think ye not that i can pray unto my father , and he will send legions of angels ; and rath●r than gods children shall be oppressed by a company of egyptians ( if it be his pleasure to deliver them ) he can , without the drawing of one sword , turn rivers into blood , produce an army of froggs to destroy them : and rather than they should be necessitated for lack of means , send swarms of flies , that may serve them in the stead of so many rescuing angels , and therefore it was not any necessity , that the church was , or could be in , that procured in the apo●tl●s , or the first christians , either that doctrine , or that use ; it was not disability , but duty ; not want of strength , but a reverend regard of the lords anointed , that wrought these effects in both : let the people be never so many and mighty , and the princes of the people never so wicked and cruel , mos gerendus est , we must obey them ; not in the performance of their unjust commands ; but in submission to their just authority ; if not by our active , yet by our passive obedience : if not for their own sakes yet propter dominum , for the lords sake ; if not for wrath , yet for conscience sake , rom. . . if it goeth against thy conscience , say , as the people were wont to say , when they fell down before the ass that carried the image of the god●ess isis , upon his back , non tibi sed religioni ; if thy conscience condemns thee , god is greater than thy conscience , and we must look what he commands , as well as what she dictates ; the one may be mislead , the other cannot mislead ; sacrifice may be either pleasing , or displeasing to the lord , but obedience was never faulty ; thou maist offer the sacrifice of fools , when thou thinkest thou doest well : but upon how sure grounds goes he , who can say with the prophet in all his actions , if i have gone a stray , o lord , thou hast caused me to erre ? never deviating from the express of his word . now god gives us express command , that we should not touch his anointed what condition soever they are of : nolite tang●re christos meos , touch not mine anointe● ; an● where gods rules are general , we must not put in exceptions of our own ; for the wickedness of a king can no more make void gods ordinance , of our obedience unto him , then mans unbelief can frustrate gods decree in us , rom. . . let saul be wicked , an● let wicked saul be but once anointed , david states the question neither concerning saul , nor ▪ his wickedness , but whether he being the lords anointed ( there 's the business ) it is lawful to stretch forth a hand against him ( who can stretch forth his hand against the lords anointed and be guiltless ? sam. . . chap. vi. whether upon any pretences whatsoever it be lawful to depose , murder , or so much as to touch the lords anointed . there was the first time that ever it was put to the vote , whether a king might be put to death or not , but it was resolved upon the question in that parliament ; ne perdas , destroy him not ; it is well that david had a negative voice , or else it had been but a bad president for kings ; it is well that the men with whom david had this parley , would hearken unto reason , and let that sway them , otherwise david might have been forced to fly as fast away from his own men as he did at first from saul : for there wanted no lay-preachers then , to preach the destruction and slaughter of princes , under the pretences of wicked government and tyranny ; who had the trick then , as well as now , to couch their foul meaning in good words and scripture phrase , with a dixit dominus , when the lord said no such thing ; as davids zealots , sam. . . this is the day whereof the lord said unto thee , i will deliver thine enemy into thine hand , and thou shalt do unto him ( what ? ) as shall seem good unto thee , that is thou shalt murder him , that was their meaning : though the word was a good word ; and we do not read where the lord said any such thing at all : so abishai , sam. . . god hath delivered thine enemy into ●hine hand : what then ? therefore let me smite him ; no such matter ; david denies the consequence , as if he should have said , god hath delivered him into my hand , but i will make no such bad use of his deliverance , i had rather hereby shew him his own error , and my innocency ▪ then any way stretch forth my hand against him , for he is the lords anointed , and when sleep had betrayed saul to davids power in the trench , and made the king a subject for davids innocence , he esteemed himself but as a patridg in the wilderness , when he might have caught the eagle in the nest : he pacified sauls anger , by inabling his power to hurt , sent him his spear ( it seems he did not think it fit to keep the kings militia in his hands ) and humbly beggs , let not my blood fall to the earth ; when , if it had not been for david , abishai would have smiten saul unto the earth at once , so that he needed not to have smitten him the second time , but david would not : destroy him not saith he , and his reason was , quis potest ? who can stretch forth his hand against the lords anointed , and be guiltless ? another most notable demonstration of davids innocency , and subjection , unto a hard master , a most tyrannical king , cruel saul ; we have , sam. . when in the cave of engildi , david might have cut off sauls head ; like precious oyntment , he descends only to the skirts of his garment , and with a quid feci ? checks himself , and beshrews his heart that he had done so much , and upon a little looking back of saul ( as if he had put on rays of majesty ) david bows , and stoops with his face to the earth to him , when he might have laid his honour in the dust ; call'd him my father ; when that father came to sacrifice him upon the mountains , and ( isaac-like ) nothing but see my father , when he could see nothing but fire , and sword , and himself also the lamb , ready for the sacrifice , a true isacc ( though many young men staid behind with the ass ) will after his father , though he have fire in the one hand and a knife in the other , ready for to sacrifice his follower ; a right david , and he that is a man after gods own heart , though he could bite to death , and knaw into the very bowels of his soveraign , yet he will assume no farther power to hurt , than to the biting of a flea ; after whom is the king of israel come out ? after a flea ? afte● whom doth saul pursue ? after a dead dog ? when he might have caught the lion in the toyle . i could easily be endless in instances of the like nature , as our saviour christs obedience to the death , under the raign of tiberius ; his disciples un●er nero , claudius and caligula , whose governments were opposite to the propagation of the gospel , as themselves were enemies to the propagators of it ; yet we see they neither attempted the alteration of the one , or the destruction of the other ; yet christ could do much if he pleased , and if the napkins of saint paul , and the shadow of saint peter could cure diseases ; if a word out of their mouths could strike men and women dead in the place ; if an oration at the bar , could make a king tremble on the bench , then surely you will confess that his disciples could do something : yet nothing was done or attempted against those wicked , cruel , and pagan emperours , one instance shall suffice for all : what mischief or injury could be done more to a people , then nebuchadonozer king of babylon did unto the jews , who slew their king , their noble , their parents , their children , and kinsfolks ; burn●d their country , their cities , their jerusalem , their temple , and carried the residue ( who were left alive ) captives with him to babylon . and now behold ( then ) nebuchadonozers good subjects : will you hear what advice the prophet daniel gives them for all this ? baruch . . pray you for the life of nebuchadonozer king of babylon , and for the life of balthazer his son , that their days may be upon earth , as the days of heaven , and the lord will give us strength ; ( what to do ? to wage war against him ? ) and lighten our eyes ( what , with new revelations how they may be reveng'd ? o no ) that we may live under the shadow of nebuchadonozer king of babylon , and under the shadow of balthazer his son , and that we may serve them many days and find favour in their sight , truly shewing that a king is alkum , prov. . . one , against whom there is no rising up ; that is , not upon any pretences whatsoever : there can be no pretences whatsoever more fair and specious ; then those of defending the church , and redressing the common-wealth . for the first ; if religion be any thing pushed at , think you that rebellion will keep it up , or that it ever stood in need of such hands ? when god refused to have his temple built by david , because he was a fighter of the lords battels ; think you that he will have his church defended by fighters against the lords anointed ? to defend religion by rebellion , were to defend it by means condemned , by the same religion we would desend ; an● to reform or redress the common-wealth , by insurrection and rebellion , were to rectifie an errour with the greatest of all mischiefs ; no government worse than a civil war , and the wor●● go●ernour is always better than the best rebellion : rebellion is as the sin of witchcr●ft , and stubborness is as idolatry : and how perilous a thing it is , for the feet to judge the head , the subjects to chose wha● government and governours they will have ; to condemn what , and whom they please , to make what pretences and surmises they have a mind to , this kingdom by woful experience hath had sad resentments . imbecillities and weaknesses in princes , are on arguments for the chastisements , deposing , or murdering of kings ; for then giddy heads will never want matter or pretences to cloak their rebellion : shall moses , because pharaoh was an oppressour of gods people , and had hardned his heart , and would not let the israelites depart , therefore inflict punishments upon pharaoh , or so much as depart without his leave ? though moses could inflict punishments upon the whole land , yet his commission never went so far , as to touch pharaoh , in the least degree ; though swarms of flies came into the house of pharaoh , and frogs entred into the kings chamber ; yet we read not that they seized on pharaohs person ; there were lice in all their quarters saith the psalmist , and there became lice in man and beast , upon the smiting on the dust , but none were smitten of the person of the king : boyls and blains were upon all the egyptians and upon the magicians , so sore , as they could not ●●and in the presence of pharaoh , but they were not on pharaoh , that he could not stand himself ; pharaoh his eldest son may die , but vivat rex , pharaoh must not b● touch'd . did bsalom do well to conspire again●● his father , though he defiled vriahs bed , and cloaked adultery with murther ? should the priest , peers , prophets , or people , offer to depose solomon , because he had brought strange wives into the land , and as strange religion into the church ? shall elias entice ahabs subjects to rebellion , because he suffered jezabel to put naboth to death , and killed the lords prophets ? shall peter take vengeance upon herod because he put him in prison , beheaded john the baptist , and killed james ? shall reuben be no patriarch , because he was unstable as water ? shall simeon and levi lose their patriarchal dignity , because they were brethren in iniquity , and instruments of cruelty , because in their anger they slew a man , and in their self-will digged down a wall ? shall judah be depose● from his rule and government for making a bargain with an harlot upon the high way ? shall issachar not be numbred amongst the other twelve , because he was none of the wisest ? no reason ; they were patriarchs as well as the rest , which was the immediate government before kings ; and ( indeed ) were princes themselves : princeps dei es inter nos , gen. . . thou art a mighty prince amongst us : and thus much shall suffice ( and i hope sufficient ) to shew , that no faults or pretences whatsoever , can make it lawful to depose , or so much as to touch the lords annointed . chap. vii . what is meant by touching the lords annointed , or stretching forth the hand against the lords anointed . not dare to touch the lords annointed , is an awfull reverence , and a supposed difference to be kept , between every subject and his soveraign ; esp●cially in point of violence . a mother doubting the discretion of her children , and being to leave some curious looking ▪ glass in a place , doth not comand her children they should not break it , but that they should not touch it ; knowing full well , that if they have the liberty to meddle with it in the least degree , they make break it before they are aware , and destroy it when they think least of any such matter . so god is very chary of his king , wherein he beholds the representatio● of himself , and ●nowing him to be but brittle and though the most refined earth , yet bu● glass : he commands his people that they should not touch his anointed ; knowing that if they were permitted but to tamper with him in the least degree , their rude hands may break it in pieces , when they do but think to set it right . a touch is but of one man , though but with one of his fingers , yet this must not be ; nolite tangere , it is not said ne tangere , wherein only the act of touching is forbidden , but nolite tangere , whereby the will is also prohibited : how wary should we be in touching , when the lord is so cautious in his prohibition ? now stretching forth the hand may signifie a combination of many into one confederacy , the hand being a part of the body , composed of five members ( one and all ) but this must not be : a most unhappy instrument is that hand that turns it self into the bowels of its own body ; if the head break out by chance , the hands must not presently be in the head clawing , with invenomed nails , the corruption there , lest that itching desire , turn into smart in the end ▪ lest when the peaceable day springing from on high , shall happily visit you , that now sit in darknesse and in the shadow of death , we then see our bloody hands , and this ( once happy ) kingdom , the only pillow , whereon peace had laid her head , streamed ( like the egyptian river ) all with blood . in a word , by touching the lords anointed , or by stretching forth the hands against him , is meant any kind of violence that is used against sacred majesty , and the signification thereof is of a large extent ▪ for we stretch forth our han●s when we do but lift up our heels in scorn against him ; who so lifteth up his heel , psalm . . . secondly , we stretch forth our han●s again●t the lords anointed , wh●n we do but raise up arms in our own defence ; whosoever resisteth the power , resisteth the ordinance of god , and draweth damnation upon himself . rom. . thirdly , we stretch forth our hands again●t the lords anointed , when we stretch not our tongue and voice , when we hear of any traiterous plots or conspiracies against the lords anointe● , and so bring such conspiracies to light : it is a foul thing to hear the voice of conspiracy , and not to utter it : lev. . . as good lay thy hand upon the lords anointed , as lay thy hand upon thy mouth and conceal the t●eason . fourthly , we stretch forth our hands against the lords anointed , when we do not stretch forth our hands for the lords anointed , when we see him assaulted with any danger , or traiterous opposings . should a man see his father fiercely assaulte● , and should not presently run to his rescue , but should suffer him to be slain before his face , would we not equally exclaim against him with the murtherers , qui non vetat peccare quum potest , jubet ; he bids , that doth not forbid with all his power ( like a true son ) such outrages and violences , to be committed against the father of his country . fifthly , we touch the lords anointed , when we touch his crown and dignity ; intrench upon his regalia ; hol● or withhold his sons or daughters , kill or take prisoners his men of war ▪ we must take heed of ●efacing the garment , as well as of hurting the person , for they are both sacred ; the precious oyn●ment , wet not aarons head alone , but it ran down upon his beard , and down unto the skirts of his garment , making all sacred that was about him ; such touchings t●erefore are worse , than when we touch the person with the greatest violence ; for then the ano●nte● are mo●t touche● , w●en they are touch●d where the anointe● is , which is their ●tate and crown , dearer to them than their lives ; touch bot● , ●●e mur●er of the person , is but a consequence to the d●posement of the dignity . sixthly , we touch the lords anointed , when we take away h●s re●enue and li●el●hood from him , the devil thought that he ha● stretched forth his hand excee●in●ly again●t job , touch'd ( and touch●d him to the quick ) when he had procured gods permission , that the sabeans and caldeans should take away his oxen and asses , his s●eep and camels , and plundered him of all he had ; god called this a destraction unto jo● , job . . and that before ever a hand was stretched forth to touch either his bone , or his flesh . seventhly . is there no stroke but what the hand gives ? yes , the tongue can strike as well as the best : jer. tells us so , venite percutiamus cum lingua : come let us smite him with the tongue , jer. , . and david said , his tongue was a two edged sword : there is , ( saith solomon ) that speaketh ( and that waiteth too ) like the piercing of a sword : it is bad enough in any , or against any man , but worst of all again●t the lords anointed ; for it is said thou shalt not revile the gods , nor speak evil of the ruler of the people : saint paul , but for calling of a high priest , painted wall , ( though ) when he caused him to be smitten contrary to the law , yet he eat his words and confessed his error ; and now many , that would seem to be followers of paul , are revilers of kings and make no bones thereof . the same god that commanded laban , in respect of his servant , vide ne quid lo ●uare durius , see thou give no ill language , certainly expects that ●ubjects should set a watch before their mouths , to keep the door of their lips , lest they offend with their tongue , in speaking ill of princes . eighthly , as the tongue can strike without a hand , so the heart can curse without a tongue : eccl. . . curse not the king , no not in thy heart , for a bird in the air shall carry the voice , and that which hath wings shall ●●ll the matter . the hand implies both ; never was the hand stretched forth to any evil act , but the h●art was th● p●ivy counsellor , and the tongue the chief p●rswader unto such enormities ; therefore it is goo● , obstare princi●iis , to cru●h the cockatrice egg , kill it in the hea●t , lest those pravae cogi●ati●●es want room , and then out of the abundance of the heart the mouth speaketh , and perswades the hand to be the destruction of the whole body : if hand , and heart , and tongue , and pen where thus regulated , we need not long look for peace , or despair of an accommodation , but whilst the hand is up , and the heart is set at liberty , and the tongue saith , our tongues are our own , we , ought to speak , who is lord over us ? and every pen is a ready writer in matters pertaining to the king : in vain it is to seem christians , whil●t we are such antichrists : the bible under our arm , falls to the ground , whil●t we stretch forth our hand against the lords anointed : why do we take gods word into our mouthes if we let it not down into our hearts , to do as that directs us ? christian liberty never cut the string , that tied the tongue to those observances . of these things there might be applications made , but lapping as they go along is best for doggs , where there are crocodiles in the river . it seems by the story , that kings may be coursely dealt withal if men make no bones of being guilty ; they stand like the forbidden tree , in the midst of the paradise of god , m●n may touch them , but they had better let them alone ; if god had placed ( at the first ) cherubims , and a flaming sword , turning every way to defend the tree , how could there have been a trial of adams obedience ? so if god by some instinct , had chained the hearts of men , and tied their hands , and bound them to the peace , so that they could neither in thought , word , nor deed , have committed violence against his vicegerent , how could there have been a trial of the subjects duty ? the tree had no guard , nor fence about it , but only , thou shalt not eat thereof , if thou doest , thou shalt surely die the death , princes have no better security for themselves , than the almighties command for their preservation , ●olite tangere , &c. touch not mine anointed ; to break the first , was but death , the second is damnation ; if thou resist the higher powers , you resist the highest god , and he that resi●teth shall be damned , romans . . the commandment concerning the tree of paradise , was only thou shalt not eat thereof ; but we are forbidden to touch so much as a leaf of our forbidden tree , much less to shake down all his fruit ; there is hopes of a tree , saith job , that if it be cut down , yet it will sprout again , but not only a finger , a hand , but an axe must be laid to the root of the tall cedar of our libanus ; yea , they must be rooted up like the names of taronius ; they will not leave so much as a stump of nebuchadnezzers tree chain'd to the earth ; up must all root and branch , till all the royal branches lie like sprey upon the ground : these men had rather be destroyed themselves , than say the lords anointed is not to be destroyed . go ye blind zelots , hearken to your wives , and let them perswade you to disobedience , and the devil them , as eve did adam , and the devil her : behold the objects she presents unto your view ; how good they seem , how fair they look , how pleasant they are to thine eye , how wise you think you sha●●●e , how full of knowledg , when poor wretches , you shall find all these promises tu●ned into fig-leaves , to hide your nakedness : all these golden apples of palestine once toucht , evaporated into stench and blindness , and that your disobedience hath given you nothing but curses , and brought you nothing but sorrows and death upon your selves and children , and profited you nothing but the turning of an edom into a wilderness , till you be glad to eat the herbs of the field , and by the same fault , fall into the same punishment with our neighbours of germany , dye with grass in your mouths . these things fell upon adam for his disobedience unto god , and the like will fall upon us ( the sons of adam ) for our disobedience unto gods anointed . o then let us not by any means lift up our hands against the lords anointed , lest ( like adam ) we fall from our state of innocence , and be guilty : guilty of all the blood that hath , and shall be spilt upon this land , guilty of the tears of so many fatherless children and widowes : and if we will not be obedient unto a prince of men , guilty of all the eternal thraldom and submission unto a prince of devils : take then the advice of the wise solomon , prov. . . if thou hast done foolishly in lifting up thy self , or if thou hast thought evil , lay thy hand upon thy mouth : fear god , honour the king , have nothing to do with them that are subject unto charge , for their destruction commeth suddainly ; and so will yours . let no man deceive himself , he who is not good in his particular calling , can never be good in his general calling . he is no good man , that is no good servant , and if he be no good subject , he is no goo● christian , he that honoureth not the king , doth never fear god ; and except he obeys both , he obeys neither . chap. viii . whether kings now adays are to be had in the same veneration and esteem , as kings were under the law , by reason of our christian liberty . certainly the murmuring of co●ah , dathan and abiram , with their complices ; thou seekest to make thy self altogether a prince over us , the lord is among us , we are all alike holy unto the lord , ( and therefore moses and aaron must be no more excellent than the rest of the people ) was no prophesie to be fulfilled in these our days ; for if it had , surely our saviour would never have paid tribute for himself and peter , mat. . . which was a symbole of their subjection to heathen pagans ; for this cause pay ye tribute , rom. . . we have those who are apt enough to mak● arguments with our saviour , bearing this conclusion , then are the children free , mat. . . but few that will imitate his peaceable example , to fish for money , rather than offend the higher powers , mat. . . and if you conjecture that our saviour did this meerly for quietness sake , behold the question● rightly stated ▪ is it lawful to give tribute to caesar or not ? mat. . . seriously propounded ( master we know that thou art true ( an● therefore we hope thou wilt not deceive us with a lye ) and teachest the way of god in truth ( and therefore thou wilt not cause us to err through the deceiveableness of unrighteousness ) neither carest thou for any man ( and therefore thou wilt not be afraid to speak the truth ) thou regardest not the persons of men ) therefore fearing only god , thou wilt boldly , and faithfully without partiality , or fear , plainly tell us , whether it be lawful or not ) clearly determined and concluded upon ; da caesari quae sunt caesaris , mat. . . if christian liberty , should loose the reigns of civil government , then christ would never have acknowledged pilates power to have been of god , john . . if subjection unto kings were a hinderance to the propagation of the gospel , then saint peter would never have exhorted the christians to submit themselves to every ordinance of man. pet. . . we have too many submitters now-adays unto every ordinance of men , but they are not unto such ordinances , whereof the king is supreme , pet. . . object . it is better to obey god than man , and therefore for his sake we cannot obey every ordinance of man. sol. the apostle doth not in this place discourse of obedience , but of submission : obedience is to be given to things , only lawful ; submission is to be given to any ordinance whatsoever , though not for the things sake , which is commanded , yet propter dominum , for the lords sake who doth command , so absolute submission : where god commands one thing , and the king comman●s another thing , we may refuse his will , and there is perfect obedience ; when god commands one thing , and the king commands the contrary , we may not resist his authority , and therein is true submisson ; and this the apostle doth not only assure us to be the will of god , but puts this well doing in the stead of knowledg and wisdom , whereby the ignorance of foolish men may be put to silence , pet. . . when fre●dom stan●s on tiptoes , her coat is too short to cover her maliciousness , therefore the apostle exhorts us to behave our selves as free , but not using our liberty , as a cloak for maliciousness , pet. . . if christian liberty did break the school of civil government , then saint paul would never have been such a school-master to the romans , rom. . let every soul be subject to the higher powers : an excellent rule for our obedience , every soul , no exemption by greatness , or holiness , or any by-respect whatsoever , but if he have a soul , let him be subject to the higher powers : if two powers clash one against another , here we know which to stick to in our obedience , that is , which is highest ( and that saint peter plainly t●lls us is the king , whether to the king as supreme , pet. . . ) there is no power but of god , the powers that be , are of god , whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist shall receive to themselves damnation , v. . what christian then can have his conscience so misled , as to resist those powers out of conscience , when the apostle plainly tells us , v. . we must needs be subject , not only for wrath ( that is , for fear of them ) but also for conscience sake , because god commanded it . there were anti-monarchists , and anti-dignitarians even in the apostles time , but if it had been laudable , or agreeable to chri●tian liberty , then saint jude in his epistle v. . would never have called the despisers of dominion and evil speakers of dignities , filthy dreamers and defilers of the flesh ( as he put them , so we find them both together ) he never would have compare● them to bruit beasts , v. . he never would have pronounced woes unto them , as unto the goers into the ways of cain : greedy runners after the error of balaam , for reward ; and perishers ( as in the gain-saying of corah ) v. . he would never have compared them to clouds without water : carried about with wind : to fruitless wretched trees , twice dead , plucked up by the roots : to raging waves of the sea , foaming out their own shame : wandring stars , to whom is reserved the blackness of darkness forever , ver . . . he never would have described them unto you so fully , to be murmurers , complainers , walkers after their own lusts , wide mouth'd , speakers of great swelling words , having of mens persons in admiration , by reason of advantage , separatists , sensual , ( and though they pretend never so much unto it ) having not the spirit , v. . . christian liberty frees from the ceremony of the law , not from the substance of the gospel : whereof we see submission and subjection unto kings , is a great part thereof . the roman yoke , and the romans hands which held the plough ploughing upon the christians backs , and made long furrowes , and for a long time , were both adverse to the propagation of christs gospel ; yet during all that time , neither christ , nor any of his disciples , ever attempted either the change of the one , or the displaying of the other ; and shall we think our selves more wise than he , who is the wisdom of the father ? or better advised than by him , who is the everlasting councellour ? or that any mans doctrine can settle us in more peace and quietness than he , who is princeps pa●is , the prince of peace ? will you have more orthodox fathers than the apostles ? or the children of this generation to be wiser than the fathers of old ? christ and his apostles with all the antient fathers taught , and subscribed to this doctrine . first , christ , da caesari quae sunt caesaris : then saint paul , render to all their due , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour , and all to caesar : then st. peter , submit your selves , &c. fear god ▪ honour the king , &c. sic passim in scripturis . dear christians , are we better pleased with the glittering tin●el of a painted baby from a pedlers shop , than with the rich , and inestimabl● jewels of divine truth ? will we suffer our s●lves to be cozene● with the g●lded slips of error ? and what enthusi●smes every pretended spirit , if not ev●ry ●obler , weaver , groom , or coach-man , shall dictate , who are but velut ign●ae , and velut status , as it were of fire , or as it were a mighty an●●ushing wind , but nothing sensible , some hot exhalations of the brain set on fire , by th● continual motion , an● agitation of the tongue . goo● god , have we thus learnt christ ? is this the fruit of so clear a gospel ? and the retu●n of all our holy mothers care , and pains for education ? shall we take gods word into our mouths and preach sedition , rebellion and insur●ection , contrary to that word which we pretend to preach ? to maintain religion by insurrection , is to maintain it by means , condemned by the same religion we would maintain . chap. ix . whether a king failing in his duty and not performing those things , which he hath sworn unto at his coronation ( so solemnly ) the peo●le are not disobliged in their obedience unto him , and may , thereupon , depose or put him to death . if kings held their crowns by indentures from the people , then were the people disobliged to their obedience unto him , upon his failing ( in those things whereto he hath been sworn ) on his part , but if they receive their crowns immediatly from god , and that by him alone kings reign ( as hath been heretofore proved at large ) then all the failings that can be in a king ▪ can but make him a bad king ; but still he must remain a king ; the oath assures us of his being a king , not of his being a good king ; for he was king before he took it : coronation is but a ceremony , and his oath is but at his coronation ; the issue of ceremony , must not dis-inherit the right heir , of all that substance : king and kingdom , are like man and wife , whose marriages are made in heaven , who are betrothed by god himself ; now as in the ceremony between man and woman , the husband in the presence of god and angels , and all the congregation promiseth ( which is as solemnly binding as any oath ) that he will live together with her after gods holy ordinance in the sta●● of matrimony , that he will love and cherish her , maintain and keep her , and forsaking all other , keep himself only unto her : now if he perform all these things , he doth well , he is both a good husband , and a good christian ( considering the vow that he hath made ) but if he doth not live with her according to gods holy ordinance , nor love , nor cherish her as he should , nor maintain and keep her as he ought ; shall it be lawful for a man to put away his wife for every cause ? mat. . . much less can it be lawful for the wife to put away her husband upon every distaste ; it was god that made them male and female : mat. . . and therefore it is fit they should continue together so ; they twain are but one flesh ; mat. ▪ . therefore they cannot be divided ; god joyned them both together : mat. . . therefore no man can put them assun●er . now to apply this to the king wedding himself to his people at his coronation ; the king ( solemnly ) takes his oath at his coronation before all the people , that he will live tog●ther with them according to the laws of the land , that he will protect and defend them to the uttermost of his ●ower , with all other protestations contained in the said oath ; which if he doth perform , he doth well , and is both a good man , and a good king ; but if he should not govern them accordingly to the laws of the land , and if he should not cherish and defend his people , shall it be lawful for his wife ●o make away this husband ? god forbid ! god made him king , them subjects , therefore they must continue so , like man and wife , for better for worse , they two are both one , the head may not be divided from the body , and quae deus conjunxit , nemo separet ; there have been bills of divorcement given unto these king-husbands in former times : but of those bills , i may say , as our blessed saviour said of the bills of divorcement which moses commanded ; it was propter duri●iem cordis , mat. . . deut. . . for the hardness of mens hearts ; and then again , this durities cordis , never went so far as that the woman might put away her husband , but only the husband his wife ▪ and that only in the case of adultery ; and if it had been otherwise , it had but a late beginning , a bad foundation : for our saviour saith , mat. . . in principio autem non erat sic , it was not so from the beginning ; and a hard heart is but a bad foundation for a good christian to build upon . i will conclude this application with words not of my own , but of saint paul , which words are a commandement , neither is it i ( saith the apostle ) cor. . . but the lord , that gives you this commandement , let not the wife depart from her husband ; no , if she be an heretique , or which is worse , a heathen ; if the woman hath a busband which believeth not , i● he be pleased to dwell with her let her not leave him : cor. . . if i would resist my soveraign in any kind , it should be for my religion , but when my religion tells me that i must not resist him in any case ; then i think i should but do ( in doing so ) like the boasting jew , rom. . . who boasted of the law , and dishonoured god through breaking of that law , which he had boasted of : what if some did not believe , shall their unbelief make the faith of god of none effect ? saith paul ▪ rom. . . god forbid : no more can the wickedness of a king , make void gods ordinance of our obedience unto him : our obedience must look upon gods command , not upon the kings good behaviour ; god doth not command things because they are fitting , but it is fit that we should obey , because he commands them ; neither ought we to have respect so much unto the goodness , as unto the authority of a king ; for kings do not consist in this , that they are good , but in this , that they are kings ; for as it is possible for one to be a good man , and a bad king , so it is often seen , that a bad man may be a good king ; and it is an observation here at hom● , that the best laws have been made by the worst of kings . it is an observation , that divers kingdoms have long continued in peace and happiness under bad laws , and worse governours . well observed ; when unwarrantable attempts to better both , and inconsiderable courses to mend all , hath brought all to ruin and confusion . he that sets a kingdom in combustion , to advance his own opinion , and prefer his private judgment , doth but set his house on fire to roast his eggs. god makes kings of several conditions , sometimes he gives a king , whose wisdom and reach in government is like sauls , head and shoulders higher then all the people : and then when we have wise kings , and learned judges , psal. . . we shall be sure to have all those breakers of their bonds asunder , and those casters away of their cords from them ; v. . to be bruised with a rod of iron , and broken in pieces like a potters vessel ; v. . sometimes god will send us a little child , sometimes a child in years , otherwhile a child in understanding , which of both it be , vae regno ( saith solomon ) cui puer dominabitur ; wo to the kingdom , over which a child reigns , for then the whole kingdom is sure to be put upon the rack . sometimes god in his judgment sends a tyrant amongst us , i will set an evil man to rule over them , saith god himself , and then we are never in hope to be from under the lash ; and sometimes in mercy he sends meek and mild princes ( like moses ) who carried his people in his bosom , one that shall only make use of his prerogatives , as christ did of his miracles in cases of necessity ; one who shall say with the apostle saint paul , i have no power to do hurt , but to do good , to edification but not to destruction : one who shall continue his reign , as saul began , videre ne quid sit populo , quod fleat , who will hear and ask why do the people cry ? deserve well and have well ; shall we receive good from the hands of the lord , and shall we not receive evil princes ? though they be amarae sagittae , yet when we consider that they are e dulci manu domini emissae , we should not refuse them , but be contented with whomsoever his mercy or his justice sen●s ▪ or throws upon us : never was there a bad prince over any people , but he was sent by our heavenly father for a scourge to his chil●ren ; and shall we kiss , or snatch the rod out of our fathers hand ? to conclude , there is nothing can disoblidge the people from their king , because bis authority over them is a domino , from the lord , but their obedience towards him is propter dominum , for the lords sake ; though in himself there be all the reasons that can be given to the contrary , many will be glad to hear the father of their country , say , i and the lord will go , and to be sole elect , and to hear his father tell him , deus providebit , as abraham said to his son isaac ; but if he takes fire and sword in hand threatning his follower , how many followers will he have ? i had rather , with isaac , follow my father i know not wherefore ; and with abraham , obey my god , contrary to my own nature , and beyond all hope , then to serve so great a god and his vicegerent by rules drawn by my own fancy and reason . chap. x. psal. . . touch not mine anointed , meant by kings . by the words , touch not mine anointed , is meant kings and princes : neither can any other interpretation , whatsoever , be obtruded upon this text , without a great deal of impudence and ignorance ; if there were no other argument to be used but this , to a modest man , it were sufficient , viz. that not any church , nor any church-men , nor any chri●tian , nor any father , nor any expositor whatsoever , did ever give it any other interpretation , before such time as the jesuit and the puritan , and they both at a time , and that time bearing not above an hundred yeers date neither , began to teach the world that it was lawful to murther kings ; and no marvel if this found some querk or other to turn the stream of scripture sence , out of its proper channel , and constant course ; the two birds of a feather , persecutors of one another , like two fighting cocks who quarrel amongst themselves , being both of the same kind , and yet both agree in taking counsel together against the lord , and against his anointed : or like pilate and herod , they could not agree but in the principles of condemning the lords christ. but it is objected , that as a little child upon a gyants shoulders , may see farther then the gyant himself ; so a weaker understanding comming aft●r those fathers , and taking advantage of such helps , getting up upon the shoulders of time and learning , may see more then they did , or hath been seen in former ages ; and therefore it is no wonder , if a man without aspersing himself with the least immodesty , may pretend to see more , then all those who went before him had observed , and what hath this child pick-a-pocket spied ? a birds-neast can there be a simpler thing imagined ▪ whereby to give impudence the chair , and throw all the ancient fathers flat upon their backs , then this so common , and so much approv'd of instance to usher innovation , not only into the church , but also into the very soul of scripture it self ? for what if it be granted , that a child upon a gyants shoulders sees further then doth the gyant himself , doth the child know better what he sees then doth the said gyant ? must not the child ask the gyant what is what , of all that he beholds ? must not the child be informed by the knowing gyant , of the difference between the mountains and the valleys , the water and the skie , a cock and a bull ? if the child be thus ignorant , what doth the childs getting up upon the gyants shoulders advantage the child in points of controversie ? except it be such a child as saint christopher had got upon his shoulders , that was judg of all the world : if the child be not so simple , but understands all these things ; then believe me he is no chil● in understanding ; but a gyant himself in knowledge , an● so the similitude , the child , and the gyant come tumbling all down together ; seat a child n●ver so high , he is but a child still , and sits but at the feet of a gamaliel , when he is upon the ●houlders of a gyant ; no child was ever thought worthy to pose all the doctors , but the child jesus . now to clear the text from those blots and blurs that are thrown upon the words , going before this text of scripture , touch not mine anointed , viz. i have reproved kings for their sakes , ergo , the word anointed could not betoken kings , because kings were reproved , for their sakes who were the lords anointed : now say they , the word anointed must necessarily signifie the people of god , for whose sake these kings were reproved , and so it doth ; but yet my corahmites , dathamites , and abiramites , you must not think to be all alike holy unto the lord , as that ye are all concern'd in this nolite tangere : there is no question but that in some sence the elect of god are anointed ones of the lord , but not peculiarly the lords anointed : they are filii olii , sons of oyl , as the prophet terms them , but not christi mei , or christi tui , or christi ejus , or christi domini , which were attribut●s that were never given by the holy ghost to any but to christ , and kings : the priests who were anointed ( really ) never were term'd in scripture the lords anointed , an● the prou●e●t , and most rebellious people that ever ●ere , whose arrogance claim'd an equality with , never ( in sacris ) strove to be above their prie●s . now if you expect clearness in the fountain , do not ye trouble the waters , an● you h●● behol● the springs of truth arise ; 't was the elect and chosen of the lord that were here meant by anointed , and it was the fee● of abraham , and it was not kings that were meant by this word anointed in the text ▪ but it was not all the elect of god , that must not be touch'd , it was not all the seed of abraham who have this noli me tangere about them , but it was abraham , is●a● and jacob , for whose sake god reproved kings , as they are plainly nominated in the same psalm , and none else ; if there be mention made of the seed of abraham , isaac and jacob were the seed of abraham ; who were else mentioned ? and though we cannot comprehend these three under the notion of nominal kings , yet we may be pleased to consider them as real princes , principi dei es enter nos , as it was said to abraham , thou art a mighty prince among●t us , so kings may be reproved for their sakes ; they may be kings too , and yet the lords anointed , for whose sake kings were reproved : for we do not dispute about the name , but the thing . now wheresoever you find this word nolite tangere , you shall find this word , saying , going before it , which of necessity must have some reference to some other place of scripture to which it must allude , and in reference to which it must be spoken : for the word , saying , makes it rather a question of some author , then the psalmist's own , this allusion you may easily perceive , gen. . . where it is set down , how that god touched the heart of abimelech king of the philistims , in the behalf of isaac , one of the three named in the psalm ; so that king abimelech charged all his people , saying , he that toucheth this man , shall surely die : so abimelech and king herod were both reproved for abrahams sake : gen. . . and to what place of scripture can this nolite tangere be more aptly applyed , then to this , where we find the same words reiterated ? or what clearer testimony can be given of the scriptures alluding to this saying , touch not mine anointed , then to gen ▪ . . where totidem verbis , it is said to abimelech in the behalf of isaac , we have not touched thee thou blessed of the lord ; what difference between these words , and touch not mine anointed . besides the marginal notes of all our bibles directs us to abraham , isaac and jacob , as to the anointed of the lord , and as the princes of gods people , which must not be touch'd and for whose sakes kings were so much reproved ; the word , king , in the text , doth not exclude those who were princes , but it only includes those princes who were called kings , and were reproved for their sakes who were kings themselves re , though not nomine : so that all the ground that will be gained hereby , will be , that one prince was reproved for another , though not called kings . to conclu●e , as no christians ever interpreted this place of ●cripture but of kings and princes , until jesuits and puritans , un●ertook that it is lawful to murther kings : so no english author ever interpret●d it otherwise , till within this seven or eight years ; when presbyters and independents began to put this doctrin in execution : and if the former of these two would wash their hands in innocency , as relating to this last unparallel'd act of regicide , let them remember charles the proto-martyr of gods church , and people , his own words , in his book of meditations , wherein he tells them , how vain is the shift of their pleading exemption from that aspersion , to grant commission for shooting of bullets of iron and lead in his face , and preserving him in a parenthesis of words . chap. xi . objection . rehoboam hearkened unto young men which gave him evil counsel , and would not hearken unto his sages which gave him good advice , but answered the people roughly ; wherefore they renounced the right they had in david , and the inheritance they had in the son of jesse , fled to their tents , and crowned jeroboam king : ergo , we may do the like upon the like occasion , having a president from the word of god , and warrantable , because god said , this thing was from the lord , king. . . answer . all this proves only that such a thing was done , not that it was well done ; for if it be a sufficient proof to prove out of scripture , that such a thing was done ▪ and thereupon conclude that therefore we may do the like , then this is as good an argument as the best , judas betrayed christ , therefore it is lawful for a servant to betray his lord and master ; first , the scripture blames him in a most pathetical climax , kings . . jeroboam the son of nebat , the servant of ●olomon , whose mothers name was zeruah , even he lifted up his hand against the king , shewing how he had desperately run through all those obligations , and tyes that were upon him ; secondly , he and all his adherents are called rebels for their pains , not only by abijah his enemy , but also by the holy ghost , who is enemy to none who are not gods enemies , chron. . . and israel rebelled against the house of david unto this day ; his adherents were termed in scripture vain men , and sons of belial , they were punished with a destruction of five hundred thousand of them , which was one hundred thousand more then there were true subjects for the slaughter ; the scripture saith , god smote abraham , v. . if it be objected , that the thing could not but be well done , because god saith , kings . i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom from the house of david , and gave it thee : then it could not but be well do●● ●●nts of rehoboam ( by the same reason ) to ans ▪ the people as he did : for it is written , that rehoboam hearkened not unto the people , for the cause was from god , that he might perform the saying which he spake by abijah unto jeroboam the son of nebat , kings . . both were passive , and neither of them could resist the will of god ; but these places of scripture are often times mistaken , and misapplyed , and interpreted either by those who are not well acquainted with the nature of scripture language , or else by those who wilfully , ●nd wickedly layed hold of such a meaning as the scripture may seem to give them leave , for all these and the like places of scripture we must not take as gods bene placence or approbation , but only for his permission ; for otherwise we should make a mad piece of work of it , for god said , sam. . . i will raise up evil against thee out of thine own house , and i will take thy wives before thine eyes , and give them to thy neighbour , and he shall lye with them in the sight of the sun : doth this justifie absolom for lying with his fathers wives and concubines in the sight of all israel ? is there any evil that i have not done it , saith the lord ? therefore did the citizens do well to do evil , because the lord said , i did it ? god did it , that is to say , he caused it to be done , as the evil of punishment , not as the tolleration of evil , so this thing was from the lord , that is to say , the lord suffered such a thing to come to pass as a punishment of solomon for his idolatry on his posterity , and yet ●●ay no way approve of any such rebellious courses : neither was rehoboam so much to be blamed for his answer , as may be supposed , nor the people justified in their rebellion neither , for they grounded their discontents upon a false ground , for the people complained when there was no cause , and deman●ed that which was not reason ; hear the whole grievance , and consider it a little , kings . . thy father made our yoke grievous ( that was false ) do thou make it light : ( no reason for that ) for the people never lived happier neither before nor after , then they did in this kings fathers time , and might have done in his time , if they had known when they had been well , and gods judgments would have suffered them to have seen it . for , . they were a populous nation , as the sand on the sea for multitude , kings . . . they liv'd merrily , eating and drinking , and making merry . . the nation was honoured abroad , for solomon reigned over all the kings that were round about him , v. . . they lived peaceably , they had peace in all sides round about them v. . . they liv'd securely and quietly , every man under his own vine , and under his own fig-tree . . they had much trading in his days , and much merchandize , kings . . . he was very beneficial to those merchants , for he gave solomon , not only large wisdom , but largeness of heart , and let those merchants have commodities from them at a price , v. . . he maintained a brave fleet at sea , king. . . . he made silver and gold to be in jerusalem as plentiful as stones , and cedars as sicamore-trees , chron. . . . these felicities were not only in the court , or among the nobility , or between the citizens , but they were universal , even from dan unto beersheba . . they were not for a spurt and no more , or at one time and not at another ; but all the days of solomon . o me prope lassum juvate posteri . neither doth the scripture make any mention of any such hard yoke at all , only the margent of the bible directs us from the complaint of the people , to look upon the first chapter of the kings , v. . and there you shall only find how solomon had twelve officers over all israel , which provided victuals for the king and his houshold , each man his month in a year , but here is but a very slender ground for a quarrel , when the immediate verse after the naming of those twelve officers tells us , that the multitude of people as numberless as the sand upon the ●ea shore , were as merry eating and drinking as the king , and this place unto which we are directed ( and no other ) to find out this grievousness , appears by the context of the same chapter , to be mentione● as an expression of solomons glory and wisdom , rather then of any tyranny , or polling of his people : for the whole relation ends with an expression that as the people were as the sand of the sea for number , so the largeness of the kings heart extended as the largeness of the sea for bounty , all were partakers of it , kings . . pardon me therefore if i think that rehoboam had more reason to answer the people as he did , then the people had just reason to complain . o alti●udo ! o the unsearchable ways of god! where god suffers his people to be a rod to visit the sins of the fathers upon the children , he permits them to take a wrong cause in hand , that he may also cast the rod into the fire . i pray god the merchants of london be not too like those merchants of jerusalem , who traded so long , until they brought over , together with other merchandize , apes and peacocks , and the traders begin to be too like their traffique , apes for manners and behaviour , peacocks for pride , and rusling until the apes grow to be so unhappy , as to be brought to their chains , and the peacocks , so vain-glorious , as to loose their feathers : and so i leave them both , tasting the fruit of their own follies . chap. xii . the objection of jehu slaying his master joram , answered . objection . thus saith the lord god of israel , i have anointed thee jehu king over the people of the lord , even over israel , and thou shalt smi●e the house of ahab thy , master , that i may avenge the blood of all the servants of the lord at the hands of jezebel : ergo , if a king , be thus wicked , we have gods warrant , for the deposing and putting such a one to death . answer . but stay until you have this warrant , and then we will allow it to be lawful ; for though every one is apt enough to be a jehu in his own case , yet every one is not a god-almighty , we must not clap his seal to our own ●arrants ; what god commands at one time , we are not to make it our warrant to do the like at all times , this is a prerogative of the almighty , no priviledg of a subject ; god may command abraham to slay his son ▪ but we must not go about to murther our children ; god may command the israelites to spoil the egyptians , but we must not rob and cosen our n●ighbours ; christ may give order for the taking away of another mans goods , because the lord hath need of it , but we must not make necessity our pretence for arbitrary power ; these acts of the almighty are specially belonging unto him , and we must have his special warrant before we go about any such thing . but setting all such plea aside , i utterly deny that either jehu did , or that god gave jehu any such authority as to slay king joram , jehu slew joram , but jehu did not slay the king , for jehu by the lords immediate appointment was king himself , before ever he laid hand upon joram ; joram was but then a private man , for in the verses going before , it is set down how that jehu was anointed king , how he was so proclaimed , and accordingly how he took the state of a king upon him and executed the office. kings . . before ever any mention is made of jehu slaying joram , v. . therefore here is no regicidium , as yet here is but plain man-slaughter , and a lusty warrant for that too : again , we must not only take heed of unwarrantable actions , but of false warrants , the private spirit is no sufficient warrant to lay hold on such a publique magistrate : as there are false magistrates so there is a false spirit : for an erroneous spirit may as well con●emn a good magistrate as a bad magistrate may be condemned by a good spirit : but there may be a higher mistake then all this , and i wish it were not too common amongst us now adays , to mistake the works of the flesh , for the fruit of the spirit : let us compare them both together , as the apostle hath set them in order . the works of the flesh . adultery , fornication , vncleanness laciviousness , idolatry , witchcraft , hatred , variance , emulations , wrath , strife , seditions , heresies , envyings , murders , drunkenness , revellings . the fruit of the spirit . love , joy , peace , long suffering , gentleness , goodness , faith , meekness , temperance . by which of these two was charles the first 's head cut off ? chap. xiii . of the necessity and excellency of monarchy . a jove principium . let us begin with heaven , and behold its monarchy in the unity of the blessed trinity ; though there be three persons , yet there must be but one god : for the avoiding of that which we are fallen into , a confounding of p●rsons , and dividing of substance . descend lower , and consider the angels , and you shall find one arch-angel above the rest , as the angels monarch . lower yet , to those senseless and inanimate rulers of the day and night , the sun and moon , and you shall not find ( or so much as the appearance of such a thing ) more suns or moons in the same firmament then one ; without a prodigy or portent , of some dire , and direful event . come down to the regions and you shall find in the head of the highest region a prince of the air . come to the lowest , and you shall find amongst the wing●d inhabitants thereof , the soveraign eagle , as the king of birds . come amongst the beasts of the field , and the lion will soon let you know , that there is a king of beasts . run into the sea , and their is a king of fishes . descend into hell and there is a prince of devils : and shall only man be independent ? do we not observe the d●lving labourer what pains he takes to joyn house to house , and land to land , till th●re be no more room for any competitor within his dominions ; and when he hath wrought his petty dunghils into a mixen , he thinks it law and reason , that the place should not a●mit the dominion of more cocks then one , this man dies a monarch in his own thoughts , and his son lives to inlarge his fathers teritories , but at last dies big with thoughts of a principality , his son lays hold of all the advantages that may help him to the accomplishment of his hereditary desires , iuno , lucina fer opem obsecro , he is a prince , coelo timendum est regna ne summa occupet qui vicit ima , he must be an emperour , divisum imperium cum iove caesar habet , he must have all or none , none but iupiter must share with him . mundus non sufficit un●s , when he hath all , and when all is done , the empire after that it hath disimbogu'd an● incorporated into it self , all the kingdoms of the earth , terminates in an everlasting kingdom , that shall never be destroyed ; quam primum appropinquaverit regnum coelorum , as soon as the kingdom of heaven shall be at hand : and what 's all this but to shew us that not only nature , but god himself , who is the god of nature , affects monarchy . the further off any government is to monarchy , the worse it is , the nearer the better , the reason 's thus , that government which avoids most the occasion of differences , must be most happy , because most peaceable ; and peace only consi●ts in unity : now where there are many governours there must be differences : where there are few , there may be differences : where there is but one , there cannot . the romans ▪ when they shook off their government by kings , and were distasted with their government , for their governours sake ; tried all the contraverted governments of the world , of two by their consuls , of three by their triumvirat , of ten by their decemviri , of ten thousand by their tribunes : when they found that the farther off they departed from monarchy , the center of all government , the more they lost themselves in the circumference of their own affairs , they began a little to look back upon the government from which they had deviated all the while , but yet with squint eyes ; first , a king , and no king , a thing that was like a king , but not a king ; a thing that was so re , and tempore , but not nomine ; he must be only so , pro una vice , unoque anno , such were their dictators : at last this sucking government gathered strength , and grew to be perpetual , which perpetuity in one begot an everlasting monarchy in all ages , which is to continue unto the end of the world ▪ for the proph●t daniel tells us , that at the end of the la●● and fourth monarchy , which was the roman , christ should sit upon his everlasting kingdom that should never be destroyed ; therefore my enthusiasticks , must either leave dreaming of pulling down all kingdoms , and empires in the world , or else think themselves the kingdom of christ , that we have pray'd for all along . neither is it unworthy of your observation , that as soon as ever this monarchy was restored , there was universal peace over the whole world ; and the saviour of the world , who was princeps pacis , vouchsafed not to come into the world , under any of the fore-mentioned governments ; but imperante augusto natus est christus , who was the first emperour of the romans . he who affects parity , let him begin it in his own house , and as he likes it in the model , so let him attempt it in the fabrick : for my part , i have read their arguments , and am so far from being evinced by any of them , that i do not believe that there is any such thing : ● have been in all the common-wealths in europe , and i could not find any such thing as a free state , i could find the word libertas , fairly written over their gates , but within their walls the greatest bondage and arbitrary power that could possibly be imagined in any part of the world , but no liberty at all that i could find , but only some few there were , who had liberty to do what they would with all the rest . geneva may of six , genoa may have seven , venice may have eight , the hollanders nine or ten , england may have five members or leading-men as they call them ; but what 's all this but taking the government from off its shoulders , and putting it in some hand ? and when you have done , it 's ten to one but you shall find one of the fingers longer then all the re●t , and if you please you may call that king , and all the rest subjects ; what 's this but a change from a monarchy with one crown , to a tyranny with so many heads ? if it were so that all free-states , as they call themselves , had all equal power , it would be so much the worse , all these kinds of government have their continuation and subsistance upon this only ground , viz , that necessity and craft drive them to come so near to monarchy , and sometimes to an absolute monarchy , when you reckon your hogan mogan only by the pole , and not by the polar star , that commonly is fixed amongst them , about which , all the rest move and turn . but what do we talk of monarchy or aristocracy or democracy , behold a well regulated parliament , such a one as ours might have been , and ought to be ; hath the benefit and goodness that is in all these three kind of governments , of monarchy in the king , of aristocracy in the peers , of democracy in the house of commons , where the acerbities of any one is taken away by their being all three together , but if one will be all , then all will be nothing . this stupendiously wise ▪ and noble way of government had its dissolution by inverting the course it took in its original . when the first william had conquered the nation , t●e normans would not admit that any laws should be observed , or rules obeyed , but only the will of the conquerour ; and why so ? but because thereby the conquerour might take away the estates of any english-man , and give them to the conquering normans ; but in process of time ; when these normans became english , they began to insist a little upon meum and tuum , and would know the what that was belonging to the king , as a king , and to themselves as subjects ; for by the former rule the king might as well take away the estates from one norman , and give it to another , as he did formerly from the english , and give to his normans ; wherefore they would have no more of that , but joyntly and unanimously petitioned the king to the same effect , the king thought it reasonable , condescends to their desires , consultation was about the premises , the result of the consultation was , that the king should issue out writs to the lords spiritual ( who in those days were thought the wisest and most conscientious ) to reason with the king , and advise with him , as well concerning the bounding of the ocean of soveraignty , as bridling in the petty rivers of private interest . these spiritual lords thought it a work of too high a nature for their private undertakings , wherefore they supplicated his majesty , that the lords temporal might be also summoned by writ , and joyn with them in the same authority ; 't was done accordingly ; being done , they both thought it a business so transcendent , and of so universal concernment , that they found a way to involve the whole nation in a joynt consent , which was , that all free-holders in the kingdom , in their several precincts , might by the election of two in every county , disembogue all their suffrages into theirs , and to remain the countries proxies , to vote for , and to be directed by their several countries ; and thus the commons were brought in : but behold the viper , that eats through the sides of its own parents behold the asses foal , who when she hath done sucking , kicks her own dam. the king brings in the lords spiritual , the lords spiritual bring in the lords temporal , both bring in the commons , the commons destroy both , both destroy the king. neither was kingship ( as they call it ) and episcopacy better rewarded , for being the principal , and so zealous reformers of the gospel , to have both their crowns and miters broke in pieces by the same hammer of reformation ; and the walls of their pallaces mingled with abby dust , casting thereby such a blot upon the very name of reformation , that it will scarce be legible by christians , except what went before , and what may follow after , may help the future ages to the true sence and meaning of the word : thus rivers run backwards and drown their own head ; thus the monsterous children who are born with teeth in their mouths , bite off the nipple , and starve themselves for lack of sustenance ; thus blind sampsons revenge themselves upon their enemies , by pulling down the house upon their own heads ; thus the forms of the most glorious government of a church and state , are wounded to death through the sides of reformation : if you are not , i am sure you will ere it be long be satisfied , that all the specious pretences of popular goverment , free-state , liberty of the subject ▪ are but figments and delusions of the people , obtruded by vain-g●orious and haughty men , who knowing that they could not be that one governour of all the rest , yet they hope to be one of many ; thus foolish children set their fathers barns full of corn on fire to warm their hands , when they are ready to starve for lack of bread : who had not rather live under a government wherein a man is only bound to submit to him , whom it is honour to obey , then to live under a government where every man is a slave , because every one is a master ? finally , my opinion is this , i had rather have my liberty to kneel before a throne , then to be the tallest man in a crowd , and should think it more for my ease and honour . chap. xiv . that there is no such thing as a free-state in the world. if by a free-state , you mean a people who have shook off their allegiance to their prince , there are many such free-states to be found , but a beggars-bush , or a company of gipsies ( who propound to themselves new laws ) renouncing the old , and yet chuse a king and queen amongst themselves , pleasing one another with a self-conceited opinion of a thing they call liberty , which is no otherwise then an ignoble bondage of their own choosing , preferring the correction of a bundle of rods ( because their own hands have made them ) before the sway-meant of a scepter , which god himself hath put into their soveraigns hand ) is as good a common-wealth , or free-state as the best : but if you mean by a free-state , a freedom from tyranny , you will be as far to seek for any such thing in rerum natura , as for a reason why tyranny may not be in many , as well as in one : but if you mean by freedom an exemption from all such tyrannical oppressions as are expressed in the petition of right ; i see not why such a free-state may not be under a monarchy : certainly i have seen such petitions , and insistances , during the late kings reign , as having relation to freeborn people of england , and should think that the magna charta defended by one , who had power to make it good against the infringement of many breakers , and by a parliament of many , authorized to the same purpose against the pessundation of it by any one , be it by the highest , may not be as good a way to make , preserve and keep a nation free , as well as the intrusting of a nations freedom into the hands of a few , whose independency deny all remedies to be either above them , or below them . it may be it will not be thought tedious , if i entertain your eye and consideration with some observations of my own , in those free-states of christendom ( as they call themselves ) wherein i have been . i shall begin with the free-state of genoa , wherein i have been resident some time , and the rather , because whilst england was a kingdom , they could not have the face to stand in any competition with us ; but now the kings arms were cut off as well as his head , how should we do to make a distinction between them and us ? for both the state of genoa , and the state of england give the very same coat of arms , and st. george is both our patrons : certainly england must give the half-moon as the younger brother ; and why should not the moon crescent follow after , now the turkish alcoran is come before ? when the overspreading roman monarchy , like nebuchadnezzars over-grown and lofty tree was brought only to a stump chained to the ground , and when the keys of heaven and hell had so well fitted the locks belonging to the gates of rome , as to give way to the enterance of that high priest into the imperial seat , then was genoa a lop of that great fall : and soon after it was wrought into a bundle or faggot of a common-wealth , until such time as charles the great recovered all his right in italy , saving only the holy land , whose princely sword could never strike at the already cloven miters , but at helmets . amongst other counties whose subduements , acknowledged charles to be the great , genoa was one ; which city was no less happy then famous , in affording a man who honoured her walls , with making it known unto the world , that he came out of them under the name of andreas dory a genose ; this famous andreas dory was a zealous common-wealths-man , and one of the new gentlemen , as they call'd themselves , ( for you must understand , that when these states-men had shook off the yoke of soveraignty , they expelled all their gentry or nobility ; which no sooner done , but they made a new gentry or nobility amongst themselves ) and being a deserving man , the emperour charles the fifth , will'd this andreas dory to aske and have what he desired of all that he had conquered : he asked genoa , the emperour gave it him , to do with it what he pleased , he gave it the citizens , together with all their liberties , and former freedoms upon this conditions , that they should recal the old gentry in again , and settle them again in all their rights and priviledges , which being assented unto , genoa became a free-state again ; but behold the freedom , or rather the power and bonds of love and gratitude , neither the old or new gentry , nor the common people , would allow of any thing that was said or to be done , but what this dory should command or say : nor was there a more absolute and powerful monarch upon the earth then he ; and whilst he liv'd he did continue so , because the people would obey : who being once dead , the people soon found they did obey , because they must : yet still it must be a free-state , because libertas was written over the senate-house , and city-gates , but neither within their senate , or their walls , was there ever such tyranny over the common people , or the citizens , then hath been all along , and is at this day practised by some few , who spit monarchy in the face , and make no bones to swallow down all its adjuncts ? exercising their several tyrannies with this justification , that they are the supreme authority , whilst they deny supremacy ; gulling the people into a scotish belief , that they are not suppressed by one hand , because it hath many fingers . i shall instance unto you one particular , which was done whilst i was there , whereby you may easily judge in what free-state their commons live : there was a substantial citizen , between whom , and a noble genoese there was some grudge , this senator studies a revenge , and thus he intends it to be put execution . he gives command to one of his braves ( for so they call their executioners ) to kill this citizen : this slaughter-man ( being by reason of some former obligations ) struck with some remorse of doing so high an act of ingratitude to one , who had so well deserved at his hands ; discovers the whole plot to his so much acknowledg'd patron , who very much ackowledges and commends the ingenuity of this discoverer ; bids him to follow him where ●e leads him over a trap , where the leader knew full well how to order his steps , so that he might advance safely over the place , but the followers ( ignorant of these observations ) must needs fall down a precipice , no less terrible , then destructive ; the poor man is slain : this persidious murderer watches his opportunity of meeting this designer of his death , in the merc●ato , and gently takes him by the arm , and desires him that he might speak a word with him ; they withdraw themselves out of the walk to a private corner : the citizen tells this noble-man that his servant had betraid him , in discovering his design to him on whom it should be executed ; in detestation of which , perfidiousness , he had given him the reward of a traytor ( declaring the manner and form as is expressed ) and desired in all humility that he would be pacified and that whatsoever differences were between them , that he would bepleased to be his own judge whereupon they both became friends , no less satisfaction being acknowledged by the one , then ingenuity on the other party . such shifts as these , are these free-born people fain to make to appease the wrath and fury of their lords and masters : in a word , as their territories is no otherwise then a continued breach of three hundred miles along the sea-shore , so the inhabitants live no otherwise then do the fishes in the sea , the greater fishes devour the less so where there is no king in israel , every man doth that which is good in his own eyes : it cannot be otherwise . from thence i went unto the free-state of lucca , and there i found the free-men to have six princes every year ; and the senate chusing six men , whose elect a prince for the common-wealth every two months ; this prince ascending his throne up these six steps , acts what he pleaseth : nor have the common people any more liberty , then the most rigid calvinist will allow a papist , free-will : neither is their any other difference between this government of the free-state of lucca , and the empire of germany ; but that the one have so many prime chusers , and the other so many prince electors , the one keeps it within the house of austria , and the other keeps it out of the house of the medices . i went from thence unto the ancient common-wealth of venice , whose government ( if in any ) i should approve of , because they never revolted from a better : but yet i must tell you , that at my first entrance into that city , i found the people full of complaints , of the heavy taxes , exorbitant power , and arbitrary government , which seized upon all their plate , and what other goods of value they had , for the use of state , toward the maintenance of a war , which was both foolishly begun , and most carelessly run into by their trustees , or representatives ; for the pope of rome had certain intelligence that the turk was preparing to make war against some part of christendom , the pope sends to all the frontier princes of christendom , advising them they should all agree as one man to make it their own case , and that they would assist one another , on what part of christendom soever the storm should fall , and that the several embassadours would take it into consideration , about proportioning every prince or state according to their abilities , for their several supplies of men and money ; to which they all soon condescended , except the venetian , who told the rest , that there was a league between the grand seigniour and the venetians , and therefore they were not to fear any such war to be intended against them ; to which it being demanded that if the turk prevailed against other parts of christendom round about the venetian● , whether they though the would let the venetians alone at last ? or whether the venetians thought so or no , whether they di●● think themselves bound in honour , and christianity to defend their neighbour christians against so common an enemy ? to which it was answered by the venetians , that the very entring into such a league and covenant with them , were enough to break the peace between them and the turk , whereupon the juncto was dissolved , and every tub was fain to stand on his own bottom ; but it fell out that ( by the machiavillianism of the card. richlieu , who taught and perswaded the turk to break the league between him and the venetians , because he would not have the venetians to lend the emperour so much money , but would find them waies how to disburse it otherwise ) the turks waged war only against the venetians , and none else , whereupon they were fain to endure the whole brunt of the war themselves , and had no body to help them : this being so grievously found fault with by the common people , and their goods taken away ad placitum , their persons prest de bene esse , whe●her they thought so or no : i would fain know what liberty these people had , who could find such faults without remedies , and lose their goods without redress ? what liberty is there in having freedom in the state , and none in the condition ? i shall part with my children with tears in mine eyes , and through the same water behold the word , libertas , written upon the rialto ; what am i the better for this freedom ? am i robbed of all my money , because one thief takes it away ? and am i not rob'd because six or seven lay hold upon me ? believe it , i never heard such complaints ●either in the king or parliaments time , of oppression and tyranny , as i heard in this city during the time that i was there ; and this not only during the war , but also in the times of peace , five or six men rule the whole state , and it may be the prince none of them neither . i shall relate unto you a story of one loridan a noble venetian , who keeping a courtisan , on whom he was intended to bestow a favour , he went into a rich shop for to buy her some cloth of gold to make h●r a gown , the prentice was only in the shop , whom he commanded to cut out so much of such a piece as the taylor gave directions , which done , he will'd the prentice to tell his master that he would be accomptable to him therefore ; the boy excused himself , he being but a servant , and not having any such directions from his master , not doubting , but that if his master were there , he would willingly trust him for what he should be pleased to command ; the noble venetian takes his leave , willing the boy to tell his master , that he should rue the day that ever he kept such a ●awcy boy to give him such an affront , and so departed in g●eat fury : the master of the shop presently coming in , and hearing the relation of what had happened , tore his hair , wrung his hands , s●ampt upon the ground , and like a mad-man cryed out , that the boy had undone him , and all his posterity ; takes the whole piece with him , follows this noble venetian to his curtisans , offers to bribe the curtisan with the whole piece , if she would intermediate for him which with much difficulty , and many pleadings she so appeas'd his wrath , that he was satisfied : and this was as common for a senator of venice to do , as for a parliament man to pay no debts . neither is their any law or justice to be had against any of these statesmen : there was a noble-man who was an austrian both by birth and family , who being a traveller , chanc'd to cast his eyes upon a fair and vertuous lady , who in every respect were deserving of each other : this noble-man had no sooner made his mind known unto his paragon f●r beauty , but he was soon obstructed with a corrival , who was a nobile venetiano ; who perceiving his mistress affections to this stranger to be more liberally expressed than unto him , contrives his death , and soon eff●ct it , she loving her martyr more than either others conceived , or she her self could brook , so great a cross concerning them , studies revenge , and being an italian , found her self easily prompted by her own natural inclination , she pretends much love , that she might the better put in execution her greatest hatred , she gets him into a chamber , where she prays him to rest himself in a chair , wherein he was no sooner sat but his arms and thighs were caught with springs , and being thus fastened , she murders him with her own hands , and flies for sanctuary to the next nunnery within the popes dominions , leaving behind her , by the murdered , these words , written with her own hand in a piece of paper , because there is no justice to be executed against a noble venetian , i have been both judge and executioner my self . men may talk what they will , and fancy what they please , but there is no more difference , in point of freedom between a monarchy and a free-state ( as they call it ) than there is between a high sheriff of a shire , and a committee of a county ; utrum horum mavis accipe now for the free state of our neighbour netherlands , otherwise called the states of holland ( who have sprung up ( as all other free-states will do at last ) from the submissive and humble stilings of the distressed , to the high and mighty ) . the particulars which occasioned their revolt from their soveraign the king of ●pain , i shall not insist upon , but refer you to the spanish and netherland histories ; only i shall hint upon the main inducements to their rebellion ; viz. religion and freedom . for the first , there is not a people amongst whom the name of god is known , to whom religion is a greater stranger , than unto these stilers of themselves , reformed protestants , for if this free-state , who allow all religions both of the jews and gentiles , whose several churches own , in capital letters over their doors , the several sects of religions , to which each libertine is inclined , be religious , than the pantheonists were as truly reformed and religious as the amsterdamiams ; but as he , who sacrificed to all the gods in general , must needs have sacrificed unto the true god , and yet know him not , because he joyned others with him , who was to be worshipped alone : so that country which embrace●h all religions , happily may have the true religion amongst them , and yet have no religion , because they admit of many , being there is but one : this i speak in reference to the country , not to particular men . neither is there a sort of christians in the world who are less servants unto christ , if it be enough to make them so , to be the greatest prophaners of his day : for the sabbath is only distinguished from other daies , by a sermon in the church , and the ale-house being full of mechanicks , drinking and carousing from morning until night ; the shops are open , and buying and selling all the day long , excepting half the window , which is to distinguish the day , but the door is open to let in the buyers , and the other half of the window is open to let in the light : and wonderfully strange it is , and remarkable to consider how these people , who shook off their allegiance to their prince upon pretences of reformation , should be so besotted , as to fall into such a strange and unheard of prophaneness of him , and the day whereon christ himself is to be worshipped , as in their metropolls , or chief city , to have a dog-market kept to the utter scandal of true religion and christianity it self , this is no more than what i have seen , and if it were not true , it were easily returned upon my self as the greatest impudence that could be imagined ; but o the partiality of the picture-drawer , when he receives large wages for a similitude ! he insults over his own work only because it is like , when the face it self is most abominable . now for the freedom from tyranny and oppression ; if the turks or tartars had conquered them , they never would ( nor never did where ever they extended their dominions ) impose such taxes and rates as they have imposed on one another , incredible ; even to the full value of the several commodities , which run through their natives hands ; but you will ask me , how it is possible they should live then ? to which i answer you , by sharking and cosening of strangers : let any forraigners come there and ask for a dinner , and for such a dinner as they may well afford for eight pence a-piece , they will ask you five shillings a man ; find but the least fault with them , and they will demand twelve pence a piece more for fouling of linnen ; and if you seem angry at that , you shall mend your self with the payment of six pence a-piece over and above for fouling the room : and seek a remedy , and you shall be told , the prince of orange himself if he were there could not help it : altom all , is all the reason they will give you ; if in sadness you shall complain of such abuses to indifferent judges , they will tell you , that the states do lay such heavy taxes upon the inhabitants , that they are fain to flie to such shifts for their subsistance ; thus men pleased with the itch of innovation , are contented to scratch the blood out of their own bodies , till they feel the greatest smart ; rather than their physician should let out a little spare blood , to cure the disease , and preserve them in good health ; but you will say , that for all this , they thrive and prosper abudantly , so do the argiers men , but with what credit and reputation in the eye of the world ? i believe both alike : it was not their strength or policy , which brought them to this height and flourishing condition : but it was our policy of state , in emulation to other princes , which helped these calves to lions hearts , teeth , and claws , until the high and mighty butter-boxes stood in competition with the crown : and i am afraid the siding with such rebels , hath turned rebellion into our own bosoms , as a just judgment from that god who is a revenger of all such iniquities , they may call it the school of war , whilst wanting a good cause , it could be no otherwise than the christians shambles : i should be sorry that holland should be the english-mans looking-glass : a spur for his feet , or a copy for his hand , i hope the hand of providence will cure us , like the physician , who cur'd his patient by improving his disease , from a gentle ague to a high feaver , that he might the better help him : chap. xv. that episcopacy is jure divino . in this discourse i shall not trouble my self , nor you with titles , names and words of apostles , evangelists , arch-bishops , bishops , patriarchs , presbyters , ministers , angels of churches , &c. which were all from the highest to the lowest , but tearms reciprocal ; and were often taken in the church of god , and in the scripture it self , for one and the same ; for if any man , though never so mean , a minister of the gospel converted any nation , the church ever called him , the apostle of that country ; as austin , though but a monk , was every where tearmed the apostle of england : and st. paul , being an apostle , stiles himself a minister of the gospel of jesus christ : paul bids timothy being a bishop , to do the work of an evangelist ; and therefore no wonder if bishops and presbyters be often mentioned for one and the same : but it is a great wonder that any manner of men , should make this a ground for any argument against episcopacy ; these kind of arguments instead of striking fire that should light the candle , they do but pin napkins over our eyes , and turn us round , until we know not where we are ; and then we grope for we know not who , and lay hold of we know not what : he that will cut down this over-grown up-start-tree of error , must first clear his way to the root , and brush away all those brambles , and briers , which grow about it ; we must not leave any thing standing , that may lay hold of the hatchet , and deviate the stroke , turning the same edge upon the feller , that was intended for the tree : if we should insist upon names and titles , we should make but a confounded piece of work , and run our selves into a most inextricable labyrinth and mazes of error ; where we might run and go forwards and backwards , and round about , and ne're the near : christs are kings , kings are gods ; god is christ , and christ is bishop of our souls ; bishops are presbyters , presbyters are ministers , a minister is an apostle , an apostle is a minister : and so if you will quite back again . i must put off these , as david threw away sauls armour , non possum incedere cum iis ; i love to knock down this m●nstrum informe ingens cui lumen ademptum , with a blunt stone taken out of a clear river , which with the sling of application may serve well enough to slay this erroneous philistine , though he were far greater than he i● . in the first place therefore let us understand what is meant by jus divi●um ; if any man means that episcopacy is so jure divino , that it is unalterable , and must continue at all times , and in all places , so that where it is left off , there can be no church , he means to give much offence and little reason ; for there is no question but the church may alter their own government ( so that it be left to themselves to alter ) as they shall think most convenient , as well as alter the sabbath from the seventh day to the first of the week , or as well as they chang'd immersion into aspersion of the baptised , and many other things which carried as much jus divinum with them as episcopacy , and yet were chang'd . the jus divinum that is in episcopal government , doth not consist in the episcopacy , but in the government , be it episcopal or what it will ; but where the government is episcopal , no question but there episcopal government is jure divino , because a government ; and if it were otherwise , that government into which episcopacy degenerateth , would be jure divino , as well as it , provided that none touch this ark of the church but the priests themselves ; for if the hand which belongs to the same body , pull the hat from off the head , the man loses not his right , only he stands in a more humble posture , but he is in a● strong possession of his own right , as when 't was on his head , but if another hand should chance to pull it off , the party stands disgracefully depriv'd of his highest right and ornament . so if episcopal government of the church be put down , or altered by church-men themselves , the jus divinum is but removed from the supremacy of one , and fastened in the stronger hold of many members , for this is a maxim that admits no postern , power never falls to the ground , neither in church nor state , but look what one lets fall , another takes up before ever it comes to ground , wherefore losing nothing , they keep their own ; but whether this power in church or state in the point of convenience be better in the hands of one or many , let whose will look to that , that 's not my work ; neither the names of governments nor the numbers of governours shall ever be able to fright away this jus divinum out of the church government , be the government what it will , bene visum fuit spiritui sancto & nobis , keeps in the jus divinum , be the government never so altered , whereas forbidden and improper hands , actions , as unusual , as unwarrantable , le ts out this jus divi●●● ▪ when they have changed it to what they can imagine , now whether or no it be proper for a lay-parliament , or a representative of lay-men , by the power of the sword , declining the kings authority , will and pleasure , who was appointed by god to be a nursing father of his church , to alter church-government , so antient , so begun by christ himself in his own person over so many apostles , so practis'd by the apostles over others , so continued all along , i mean episcopacy , that is to say , one minister constituted an overseer of many , and to lay hold upon tumults and insurrections , to pull down these overseers , and for men who in such cases should be governed by the church , to pull down the church-government without any the least consent of the church governours ; i leave it for the world to judge ; only my one opinion is this , that any government thus set up , or by such practices as these altered , must needs be so far from being jure divino , that it must needs be jure diabolico . but it may be objected , that if they should have stayed until the bishops had altered themselves , they might have styed long enough ; to which it may be answered , that had the bishops been but as poor as job , there would have been no such hast to change their cloaths . the ark was a type of the church , and whatsoever was literally commanded concerning the type , must be analogically observed in the thing typified ; god sate in the mercy-seat that was over the ark , the ark contained within it aarons rod , and a pot of manna , so the church contains the law and the gospel , the killing letter and the reviving spirit ; others interpret the rod to signifie the government and discipline of the church , as the manna the doctrine of christ , and food that came down from heaven : i take it to signifie both , and both answers my purpose ; if both be therein contained , neither must be touch'd but by the priests themselves ; neither must we confine this prohibition to the priests of the law only , but we must extend it also to the ministers of the gospel , both which were typified by the two cherubims , or ministring angels of the almighty : these ministers or angels , though opposite to one another , yet they both lookt alike , and neither of them upon one another , but both of them upon the ark that was between them , there was mutuality in their looks , and their wings touch'd one another ; so though the ministers of the law and the gospel seem opposite in the administration of the same grace , yet they must come so near as to touch one another in the manner of the administration ; exempli gratiâ , as there was in the old law high priests , priests and levites , so in the new law , bishops , pres●yters and deacons ; as none but priests were to touch the ark , so none but the ministers should reform the church . thus much for government ; now for episcopacy ; the question then concerning episcopacy , will be , whether or no , jure divino , one minister ( which answers to all names and sorts of church-men , and church-officers whatsoever ) may not exercise jurisdiction and power over many ministers within such a place or territory ? if this be granted , the bishops ask no more : if it be denyed , how then did christ jesus , bishop of our souls , give orders and directions to his twelve apostles , and taught them how they should behave themselves throughout this diocese the whole world ? how did st. paul exercise jurisdiction over timothy and titus , who were both bishops ? and how did these two bishops exercise jurisdiction over all the ministers of creet and ephesus ? was not this by divine institution ? if i find by divine writ , that christ laid the foundation of his church in himself alone being over all the apostles , and if i find that these apostles , every apostle by himself ( in imitation of our saviour ) accordingly exercised jurisdiction and authority over many ministers which were under them , and commanded others to do the like , as paul , timothy and titus , and if i find the practice of the church all along through the whole tract of time , to continue the like discipline ; shall not i believe this discipline to be jure divino , except christ sends down a new conje deslier from heaven , upon the election of every new bishop ? christ lays the foundation , we build upon it , he gives us the model , we follow the pattern , the church is built ; is not this by divine right , because he doth not lay the several stones with his own hands ? christ promised that he would be alwaies with his church , and that he would send his holy spirit amongst them , which should lead them into all truth , so that the gates of hell should not prevail against it ; but if episcopacy ●e anti-christian , then the gates of hell have not only prevailed against it a long time , but all along . as all judgments are given in the kings name , and all records run rege praesente , though the king be not there in person , but in power ; so the universal and un-interrupted and continued and generally received discipline of his holy catholick church ( which church we are bound to believe by the apostolical creed ) is christo praesente ( ergo jure divino ) though christ be not there in person , but in power ; which power he conferr'd upon those who were to be his successours , which were called apostles , as my father sent me , so send i you : and he that heareth you , heareth me ; and loe i will be with you alwaies unto the end of the world : surely this discipli●● of one over many , call it what you will , is to descend and continue unto the end of the world. object . but it may be objected , how can you prove that christ commanded any such thing , or that christ gave to the apostles any such power , as to make successors in their steads , with a warrant for it to continue from age to age ? sol. where do you find that christ gave the sacrament to any but his disciples ? drink ye all of this , but they were all apostles to whom he said so ? where did you find that christ administred the sacrament , or commanded it to be administred unto any lay-men , or women ? therefore is not the sacrament given unto them jure divino , because the words were left out in the conveyance ? when there grew a disputation concerning divorcements , christ sends us to the original , sic autem non fuit ab initio , if christs rule be good , then the bishops are well enough , for they may say concerning episcopacy , i mean one over many ( and that safely too ) sic erat ab origine . some are very unwilling that this episcopacy should be intail'd by christ upon his apostles and their successors , out of these words , mat. . . i will be with you alwaies to the end of the world ; they will not have it to mean in their successors ; but the meaning to be this , i will 〈◊〉 with you alwaies unto the end of the world ; that is to say , in the efficacy , and power of my word and gospel , to all ages ; why may it not signifie this , and that too : that it doth one , is no argument but that it may do both : god made all things , in number , weight , and measure , and will you slight his word ? shall sensus factus thrust our sensus destinatus out of scriptures ? the first ministers of the gospel must be ad●equate to the first minister of the law , and behold the same method observed in both their institutions : what difference is there between christ's words to his disciples , i am with you alwaies unto the end of the world , mat. . . and gods words unto aaron at his setting him apart for the high priests office ? this shall be a statute for ever unto thee , and to thy seed after thee , exod. . . certainly if the gospel be nothing else but the law revealed , and the law be nothing else but the gospel hidden ; whatsoever is written or said of the ministers of the one ; must needs have reference to the ministers of the other : and i shall desire you to look a little back upon the words which god said to aaron ; when god speaks of the seed of aaron , he only maketh mention of the seed after him ; but when he speaks of the statute , he saith it shall be for ever : if i do not flatter my own judgment , that tells me , that this statute of high priesthood , or episcopacy , call it what you will , must have heirs after the seed of abraham is expired , and did not the catholick church all along call the receiving of the holy-ghost , the order of priest-hood ? did ever any record above seven years date , call it making of ministers ? and why are they angry with the word priest ? is it because the prophet isaiah , prophecying of the glory of christs church tells us , we shall be named priests of the lord , but that men shall call us ministers of god ? isa. . . if the ministration of the law be glorious , shall not the ministration of the gospel be much more glorious , cor. . . and shall the ministers of the same gospel be less glorious ? when you see a man that cannot abide to see anothers glory , you may be sure he is no kin to him , or very far off ; so you may be ass●red that these are no true sons of the church , no●●o right children , who think a chair too great state for their fathers to sit in . in the apostles time these bishops , or if you will , superintendents ( which are all in one signification , only a good greek word chang'd by mr. john calvin , into a bad latin word ) were stiled embassadors of the almighty , stars of heaven , angels of the church , &c. but now these embassadours are used like vagabonds ; these stars , are not stars but fallings ; and the angels are no where to be found but ascending and descending jacobs ladder ; whilst this reputation was given unto the church , and its officers , the stones of its building were in unity , but as it is now , it seems no otherwise than as a corps kept under ground seemingly intire , but once touch'd , soon falls to dust and ashes . never was there such a monster as this ruling , and thus constituted presbytery , the father of it rebellion , the mother insurrection , the midwife sacriledge , the nurse covetousness , the milk schism , the coats armour , the rattle drums , a bloudy sword the coral , money the babies that it delights to play withal , it grows up to be a stripling , and goes to school to a council of war , its lesson is on the trumpet , its fescue a pistol , its going out of school in rank and file , its play-daies the daies of battail , and black-munday the day of judgment ; it comes of age and is married with a solemn league and covenant , it begets children like it self , whose blessing upon them is the power of the sword , and whose imposition of hands are broken pates ; this monster cries down this truly ancient catholick and apostolick power which the bishops exercised ; and then takes it up again , and uses it themselves in a higher nature than ever any bishops or apostles themselves did or durst have done , even to the excommunication and deposement of their kings ( to the delivering of them up unto satan , and to hang-men , if they stood but in their way ) to whom the apostles taught submission , ( how faulty so ever they were ) and if not obedience , yet submission , to every one of their ordinances , if not for their own sakes , yet for the lords sake , and for conscience sake : these men cry down the same authority as popish , whilst they exalt themselves above all that are called gods , in a higher manner , than ever any pope of rome ever yet did . we will begin with this monster in the very place of its nativity , and so observe him all along through the whole tract of time ; we will consider how it dealt with the first prince , under whose dominions it pullulated , which was under the prince and bishop of geneva , and these two were both nullified in the same person , as they were both here in england by the same parliament ; verifying that maxim of ours ( with that fore-running of theirs ) no bishop , no king ; and then we will shew you how they dealt with our princes here at home , where ever they had a power , viz. with mary queen of scots , and james and charles the first kings of england and of scotland both , and then usurp a power themselves , higher than popes or kings . calvin with his gladiators , having expuls'd the prince and bishop of geneva , set● up a government so high and unexpected , that the people would have nothing to do either with him , or his government : and thereupon they banished him the city ; calvin ( in exile ) bethinks himself how he might appease their fury , and give them satisfaction , and be invited in again ; calvinus de tristibus thinks it his best course of endearing himself unto the people , to make them sharers with him in the government , whereupon he invented his new fangle of lay-elders , and so all parties were agreed ; in comes mr. john calvin ( whilst he was scarce warm in his seat ) i shall present you with a story of him and of his demeanour of himself towards the temporal throne : there was a noble-man of italy , who liked the reformation which he had begun so well , that he forsook his religion and country , sold his lands and fortune , converted all into money , and took sanctuary in geneva ; as soon as he came there , great rejoycing and insulting there was , that their cause was honoured with so high a convert : the grand seigniour falls a building ; directing his masons , he found one of them something more sawcy than to what his lordship ( in his own country ) had been accustomed , little thinking that where there was promised so large a respect of souls , there had been so little respect of persons : this noble-man hereupon gives this mason a gentle tap upon the head , the mason flies upon him like a dr●●●● ▪ 〈◊〉 shakes him by the 〈◊〉 : my lord not being used to such course salutations , stabs him with his dagger , thinking nothing less , but that so high a provocation would have pleaded his indempnity ; no such matter , my lord was soon laid hold on , and brought to his trial : calvin upon the tribunal , not as a temporal judge in such cases ( take heed of him ) but only to be asked his opinion in cases of conscience ; the delinquent pleads for himself , tells them how insolently he was provoked , and wonders , considering such provocation , he should be questioned for so vile a varlet : hereupon mr. calvin soon starts up , and tells him , that with god ( whose seat they held ) there was no respect of persons , and for ought he knew , that man whom he despls'd to death , was as near and dear to god and his favour , as himself : their laws knew no such distinction as man-slaughter and murder ; but they were regulated by the divine law , that told them , that the man that sheds mans blood , by man shall his blood be shed ; that there was no exemption by greatness , nor buying it off by favour ; the noble-man replyed , that he had not been long enough amongst them to be acquainted with their laws ; it was answered , that the law of nature did forbid that , of which he could not be ignorant ( all this was well enough . ) my lord told them how hard a case it would be that a man out of his love and liking to the place and manners , should seek to it as a sanctuary for his conscience , and so soon find it his grave : that he was heartily sorry for what he had done , and would give any satisfaction to his wife and children that the court should order , or his estate allow ; he intended the man no hurt , before such rough hands shook him out of himself , that he knew not what he did , and therefore he humbly begg'd their pardon , assuring them for the future , that his waies should be so directly answerable to those paths they walked in , that he would not by gods grace hereafter step aside . the temporal judges , won with his humble and submissive behaviour began to relent , and desired mr. calvin to abate a little of his rigour , for the reasons before mentioned , assuring him that his case was no common case , and therefore it ought to have respect accordingly ; hereupon there grew a hot dispute between the spiritual , and the temporal judges : calvin remained st●ff in his opinion , and would not be bent to the least mercy ; the noble-man thought to throw one grain of reason more into the ballance , that should turn the scales , and that should be taken out of a consideration had of their own good : for saith 〈◊〉 , if you shed my blood hand over head , without any the least respect had to my years , to my birth , to my education , to the little time i had of being acquainted with your laws , nor to the provocation it self , nor to the suddenness of the action , nor to the surprize of all my senses , nor to the satisfaction i would have given , nor to the repentance of my very soul , who will come amongst you ? what lord or gentleman will live within your walls ? wherefore if you will have no consideration of me , yet consider your selves ; consider what a blow it will give to your religion , how many this very thing will stave off from ever having any thing to do with you ; by this time they were all prone to mercy , but calvin alone , who stands up , and cries fiat justitia , ruat coelum ; neither could he be brought to give his opinion , that the jury ( as we call them ) might not pass upon him ; but out went the jury , and contrary to their own law , hearing the noble-mans plea , and observing well the inclination of the bench in general , they brought in their verdict , not guilty ; whereupon the noble-man was acquitted : hereupon john calvin rises from the bench , and whilst the rest proceed to their matters , calls all the ministers within the walls and liberties of geneva , who appear before the judgment seat , with white wands in their hands , which they laid down , telling them , that with those wands they laid down their offices , protesting that they would never preach the gospel to a people whose human laws should run contrary to the laws divine ; and suddenly turned about and took their leave : which being acted with so much gravity , wrought so much upon the beholders , that they presently sent for them back again , and hanged the noble-man . this story i have read in their own history in geneva , than which my thoughts were then , as they are still , that never any pope of rome , did act as pope of rome , or so much as claim half that authority over the civil magistrate , as this anti-pope did virtually act ; and yet was not ashamed to make lesser matters than this the ground of the quarrel with the bishop , who also was their prince , when in his own person he acts the part of both . now we will see how these kind of creatures have plaid the masters of mis-rule among our princes here at home . king james in his discourse at hampton court , tells us how the presbyterians became lords paramount in his kingdom of scotland , and how they used his mother the queen of scots , viz. knox and buchanan , and the rest of that gang , came unto mary queen of scots , and told her , that by right , no pope nor potentate whatsoever , had any superiority over her in her own dominions , either in cases civil or ecclesiastical , but that she her self was supreme in both , and constituted by god as the only nursing mother of his church , within her dominion , and therefore conjured her to look about her , and not to let the pope of rome , or any of his agents , to have any thing to do within her territories , and to have care of christs evangel , as she would answer it at the dreadful day of judgment ; she gives them her ear , and at last her authority , they make use of it in the first place , to the pulling down of the bishops , and exalted themselves in their room ; when the queen look'd for an absolute supremacy , behold all the supremacy that these men would allow her , was not so much as to have one private chapel for her self , nor one priest whereby she might serve god according to her own conscience ; she finding her self so much deceived , labours to recal her authority , they kept her to it ; she takes up arms , they oppose her , fight her , beat her out of her kingdom ; she flies into england , they follow her with invectives , thrust jealousies into the queen of englands bosom concerning her , she is imprisoned , and after a long imprisonment put to death . king james having related this passage in the forementioned discourse unto dr. renolds , and knewstubs and the rest , turns unto the bishops , and closes his discourse with this animadversion ; wherefore , my lords , i thank you for my supremacy , for if i were to receive it from these men , i know what would become of my supremacy . the shining light of the gospel , and the burning zeal of the ministers thereof , may fitly be compared to fire , which if it be not in every room confin'd to one hearth , and limited to one tunnel , that may convey out of this so comfortable and necessary a blessing , all that may be destructive , and offensive in it , up toward the highest region , but is suffered like wild-fire to run up and down the house , it will soon turn all to flames and high combustions ; so the government of the soul seems to be of so transcendent nature to what the government of the body and goods is , that if it be not overtopt with superintendency or episcopacy , and so disimbogued into the supream authority , this comfortable heat if limited , as it turns to our greatest benefit , so neglected and boundless , soon converts it self into a suddain destruction and ruine . if you will hear how these men dealt with king james , her son , and father to charles the first , you shall find it in his basilicon doron , crebrae adversus me in tribunitiis concionibus calumniae spargebantur non quod crimen aliquod designâssem , sed quia rex eram , quod omni crimine pejus habebatur . are these men good subjects ? did they not convene him diverse times before them , school him , catechize him like a school-boy ? did he not protest unto his son henry , that he mislik'd their proud and haughty carriage ever since he was ten years of age ? did he not say that monarchy and presbytery agreed like god and the devil ? and have we not found it so , if we consider the behaviour of our new made presbyterians in england , to charles the first , his son ? o but the presbyterians had no hand in it , they pray'd and preach'd , and writ against it , tasted and pray'd for a diversion of all such intentions : but i pray , who took the scepter out of his hand , in taking away the militia , of which it was an emblem , that should have defended him , was it not the presbyterians ? who cast down his throne , by taking away his negative voice , was it not the presbyterians ? who took off his crown , the fountain of honour from off his head , by denying those honour on whom he had confer'd it without them , was it not the presbyterian ? who took away his supremacy , signified by the sacred unction wherewith he was anointed , in not allowing him the liberty of his own conscience in the point of episcopacy and church-government , was it not the presbyterian ? who would not treat a minute with their king before they had made him acknowledge himself guilty ( as they say ) of all the blood that had been spilt throughout his dominions , was it not the presbyterian ? who ( notwithstanding all the concessions on his part that could be granted , even to the very grating his princely conscience , when he bid them ask flesh from off his bones , and he would not deny it them , if it might have been a benefit unto his people , prayed that he might keep his conscience whole , it was the queen regent of all good mens actions , and he hoped there were none would force this queen before him in his house , as ahasuerus said to haman ) voted not satisfactory so long , until the independent army came from edenborough , and surpriz'd and murdred him , was it not the presbyterians ? he that said the presbyterians held him down by the hair , while the independents cut off his head , said true enough , they murdered him as a king , before ever they murdered him as a man ; for what may the independent say to the presbyter , if you 'l take off his authority , we 'l take off his head ; if you 'l make him no king , we 'l make him no body : if you 'l make him a man of blood , we 'l use him accordingly ; therefore at your doors , o presbyterian hypocrites , do i lay his innocent blood , it is but like the rest of your actions , committed by your ancestors to former princes al● along . one thing i pray you well observe ; there was never any reformed church in christendom , but when they shook off their bishops , they made their apologies to all the christian world , how they were necessitated to alter that ancient and best form of government of the church by bishops , in regard that they could not be drawn off from their obedience and dependance on the pope of rome ; and if possible they would retain that laudable government as most convenient ; but never were there any reformers in the world , but ours , that ever held episcopacy to be unlawful and anti christian before ; and will you know the reason ? which is only this , the bishops what they receive they lay down at his majesties feet , as acknowledging him to be supreme in all cases , when they would have him to be supreme in no case , as buch. de jure regni plainly tells us , that princes are no more but the proxies and attorneys of the people ; and yet for all this , the authority which they hold , to be as anti-christian in the chair , they practise as most christian on the bench , and much improve it . these monsters that they may the better cry down the divine right that is in episcopacy , and descended to them from the apostles ; tell us , that the calling of the apostles was extraordinary , and died with them : to make answer to which assertion , we must consider how many waies a thing may be taken to be extraordinary , and if we find that it may be taken so many waies , if we can prove a thing extraordinary one way , we must not take it to be extraordinary in every respect ; exempli gratiâ ; saul was extraordinarily called by god , because immediately by him , but this doth not make the calling of kings to be an extraordinary calling , for that succeeded ; so the apostles were extraordinarily called by god , as not being called out of the tribe of levi , nor taken from the feet of gamaliel , nor brought up in the schools of the prophets , yet this doth not follow , that the calling of the apostles should be extraordinary , for they had their successors : it may be extraordinary à parte ante ; but not à parte post , only in regard of the manner of their election , but not in regard of the nature of their commission , they were called apostles in regard of their mission , not in respect of their commission , which which was no more but what bishops had , neither doth the word apostle signifie so great authority as doth the word bishop , the one betokening but a messenger , the other an overseer , and therefore there is no extraordinariness hitherto , that they should not be extraordinary . . a man may be said to be extraordinary , in regard of some extraordinary gifts and endowments which god hath given unto a man , as unto the apostles the gift of tongues , of healing , &c. but this doth no way make the calling extraordinary , for then it would follow , that if god almighty should give unto any ordinary minister , extraordinary gifts , then his calling should be extraordinary , or that the calling of kings should be an extraordinary calling , because god bestows on some kings the extraordinary gift of healing . . it may be further urg'd , the calling of the apostles was an extraordinary calling , because they were pen-men of the holy-ghost , and in regard that the holy-ghost sat upon each of them ; no , that doth not make it extraordinary quoad nos , that it should not descend , for other divines and evangelists , were pen-men of the holy-ghost as well as they , therefore what was not extraordinary to themselves , cannot be extraordinary to us . . for their receiving the holy-ghost , it is no otherwise but what all bishops , pastors , and curates do receive , when they receive orders , receive ye the holy ghost , only the difference is this , they received it by the sitting of cloven tongues , and they by imp●sition of hands , but still the extraordinaries consist in the manner , but not the matter of the thing received , so that all the while there is no reason why this calling of the apostles should be so extraordinary , as that it should not descend : if christ promised to be with his apostles unto the end of the world , and they did not continue unto the end of the world , surely i should think without any straining at gnats , or swallowing of cammels , that the meaning of our saviours words should be this , that he would be with those in the assistance of his holy spirit , that should succeed the apostles in their offices of supervising his church , and propagation of his gospel , except i should see more reason than i do yet , why the apostles calling should be so peculiar , that it must not descend , or that the government of one over many , be so inconsistent with the church her good in after-time , more than in the beginning , that episcopacy should be so abominable . briefly i can compare these presbyters pulling down the bishops , to no other thing , than to a company of unhappy boys , who being not tall enough to reach the fruit , and wanting a ladder , for the fruit sake , lay hold upon the branches , and break down a bow , making it thereby no part of the tree ; so ●hese men , wanting merit to taste the fruit of learning , and not having capacity enough in themselves to reach those preferments which the church holds out to those who are deserving , they render that which was part of the church , as sever'd from the body , which is the highest kind of sacriledge , not only in depriving the church of part of its goods , but part of it self . lastly , if there be no other reason to be given , if not for the divine right of episcopacy , yet for the lawfulness thereof , but this one topical argument which i shall use , raised out of the continued practice of the church in all ages , to men whose faces are not bra●'d so thick , that it were reason proof , it were sufficient in my understanding , viz. suppose all the arguments which were for episcopacy , were as weak as so many straws to support a cause , yet though four straws are not able to support a table , yet fourteen thousand bound up together in four bundles , will hold it up as firm as so many props of iron ; so though some few practices of some few men within some few places , are not able to make an argument for episcopacy , that shall be evincing , yet the practice of the church all along for fourteen hundred years , in fourteen hundred dioceses , and throughout forty ages , makes good the argument against any few jack straws , or wat tilers whatsoever . ob. but there were no diocesan bishops in the primitive times . sol. was not christ a diocesan bishop ? and was not the world his diocess ? were not the apostles diocesan bishops , when the whole world , divided into twelve parts , were their twelve diocess ? were not timothy and titus diocesan bishops , when creet and ephesus were allotted to be their diocess ? ob. there were no lord bishops in those daies ? sol. those who ruled well were to be accounted worthy of double honour , and will you not allow them a single lordship ? ob. the lords of the gentiles exercised dominion , but so shall not you . sol. no , not such dominion as they exercised , there is a great deal of difference betwixt dominion , and domineering , betwixt lordship , and lording it over god's inheritance ; a paternal government was never accounted intolerable but by unruly children ; if this were not to be allowed of , how did christ rule his apostles ? paul , timothy and titus ? both these , all the ministers in creet and ephesus ? ob. st. paul laboured with his hands that he might not be chargeable to the brethren . sol. so might the bishops if they needed no more to study divinity than did the apostles , but if any benefactor had bestowed large revenues upon st. paul , i see no reason why he might not be a keeper of hospitality , as well as he advised timothy so to do : but now julians persecution is reviv'd ; do not ( saith julian ) destroy the christians , but take away the maintenance of the church , and that will bring their ministers into contempt , and so destroy their religion ; and now they are at it ; libera me , domine ( saith st. augustine ) ab homine impio , id est , libera me à me , so we had need to pray unto almighty god , that he would save his church out of the hands of her church-men , for she now lies upon the ground like the tree that complained , that she was rent in sunder by wedges made out of her own body . finis . notes, typically marginal, from the original text notes for div a -e see buch. de jure reg. sam. . . the kings cavse rationally, briefly, and plainly debated, as it stands de facto against the irrationall, groundlesse misprisions of a still deceived sort of people. doughty, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings cavse rationally, briefly, and plainly debated, as it stands de facto against the irrationall, groundlesse misprisions of a still deceived sort of people. doughty, john, - . [ ], p. printed by henry hall], [oxford, eng. : . reproduction of original in huntington library. eng charles -- i, -- king of england, - . divine right of kings. great britain -- politics and government -- - . a r (wing d ). civilwar no the kings cause rationally, briefly, and plainly debated, as it stands de facto. against the irrationall, groundlesse misprisions of a still doughty, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings cavse rationally , briefly , and plainly debated , as it stands de facto . against the irrationall , groundlesse misprisions of a still deceived sort of people . . sam. . shall the sword devoure for ever ? know yee not that it will be bitternesse in the end ? heu quantum potuit terrae pelagique parari , hoc quem civiles hauserunt sanguine dextrae ? printed ann. dom. . the kings cause rationally , and plainly debated , as it stands de facto . &c. concerning the nature or quality of these unhappy distractions we have long groaned under , & consequently by what name or title we may best decipher them , i need not to speake much : a civill warre it is , who sees not , yea plusquam civile , more then so ; an unnaturall , bloodie warre , wherein friend stands engaged upon tearmes of defiance against his friend , brother against brother , even father against the sonne , making good by this meanes in these last and dreggish times of the world that inevitably true prediction of our saviour , luk. . . what the event or issue of this warre so unluckely begun , and as obstinately still maintained , may be , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , god he knoweth . the best we can probably expect ( unlesse the same god be pleased by a timely prevention to make up the breach , must needs be a speedy overwhelming of this once flouris●ing island in the generall deluge of ruine and destruction . but enough of this ; the truth herein is too notoriously apparent to our extreame sorrow , and rather requires the helpe of some kinde of healing salve ▪ then of a farther corrosive ; it may be worth our consideration then in the first place to observe , against whom namely be these warlike armes taken up ; against the king questionlesse , patrem patriae , our lawfull soveraigne , the lords annointed : that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as one expresseth it , that supream power placed in so neer a distance under god himselfe , that whereas we in modesty terme kings or rulers here upon earth , his vicegerents only , he hath pleased to advance them to an higher title , and plainly stiles them gods , i have said yee are gods . ps. . . and hence further is it that we find in scripture the seat of royall judicature , as usually termed the throne of god , as the kings throne ; nor themselves barely the deputies or ministers of men , but gods ministers , his peculiar substitutes . all power is from god , i willingly acknowledge , by some way of derivation or other : but this for certaine more immediatly and in a neerer degree , as being the supreme , . pet. . . more determinatively too in that he alone is the disposer both of kings and kingdomes saith the prophet , dan. . . dan. . . . even to a particular designation of the person frequently , as we finde it to have been ( not to speake ought of exoticke governments ) in the iewish commonwealth . the heathen anciently by the very light of nature found out this truth . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saith the poet , and another yet more closely {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the king ( saith he ) is the truest and liveliest reflex or image of god upon earth that may be ; humani ioves , as the latine comoedian speaking of such persons in a straine beyond them both . and surely for this reason particularly amongst other ( in my poore fancie ) is that very title above mentioned of being called gods bestowed upon them , to wit in regard of their dominion and soveraignetie over the rest , which they still retaine as a maine relique as it were of that gods image at first stampt , and engraven upon the soule of man . now as ' i said , against this soveraigne power neverthelesse be these armes lifted up : a power so sacred , it seemes , as not to be touched or but roughly medled with ; since touch not mine annointed ( not the chiefe then be sure ) is the interdictive expresse caution of the almightie ; david thus did but touch saul by cutting off the skirt of his garment , and we see how his heart smote him streight ; in as much , as , who can stretch forth his hand ( saith he ) against the lords annointed , and be guiltlesse ? for however to colour and disguise the businesse , the king hath been all along pretended to these harsh unusuall proceedings of late , as if what were done , were not against him but for him , yet is this in truth such a strange peece of state-sophistry , that men , though of meane capacitie cannot i suppose at last but discerne easily and see through it ; nuga & quisquiliae , unlesse they can possibly shew pro & con : with and against , termes so widely opposite to be one and the same , which yet will neither good logick admit in the former , nor scripture phrase acknowledge in the latter : that saying of our saviour , mar. . touching matrimoniall union , quos deus iunxit nemo separet , is in a good sense if read backwards appliable to the present divisions , q. d. s. n. jung : whom god in his secret displeasure , as here , hath a while really divided & set at distāce , let none go about in pursuance of their close unjustifiable designes by bare and emptie termes to ioyne together . you say you are for the king , entitle him to every act , the king saith no , disclaimes it utterly , often and againe hath protested against it : whō may we in reason rather beleeve ? especially considering those grosse & monstrous inconsequences which follow hereupon , as that thereby he is made to set forth edicts , levie monies , wage war , and all against himselfe . it is true ( i confesse ) in some cases , as where the prince is a minor and under age ; or where he is not compos sui through weaknesse of his intellectualls , this may well hold , and the seeming contradiction be easily closed up : the reason is , for that there the party is not master of his own actions , nor can he , in a legall consideration be reckoned amongst those {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} whether in art , or nature , which move of themselves , but as one rather who is moved from without . there both law and equitie justly commit such a one to the tuition and guidance of another . but where there rules a iudicious and discerning prince , able to steere by the conduct of his own reason , there to plead your being for him , and yet goe crosse to his commands , is such a fine peece of artifice , as may serve perchance to ensnare the simple , but withall occasion the wise to smile . if it be here replied ( as some have done ) that this resistance of theirs is meerely against the king his private , not his publique , his personall , not his royall commands ( for as so , say they , he must be supposed alwaies to speak in the voice of his parliament , or else that of the law . ) a poore shift , when as they are faine to shape on this manner their evasions at the romish forge ; for thus deale they , labouring by a like art of sophistrie to set up monarchicall government in the church , as these endeavour to pull it downe in the commonwealth . to this end have they divided ( who knowes not ? ) the pope even from himself , by considering him as he is a man , & as he is pope ; as hee is a private man , say they , he may erre , but as he is pope and sitting in the chaire , he is infallible . such cob-web thin-spun distinctions as these , i have ever thought fitter for speculative disputes , then at any hand to bee drawne into outward practise . they carry somewhat with them , the sound , but are altogether void of substance . otherwise by the same rule i might slay my brother , not apprehending him as one of adams progenie , as my selfe am , but under the common notion of some sensitive kinde of creature , or say i le rob him of his substance , not conceiving of him as my neighbour , but as of some professed enemie : and yet againe when or where will they be able , i mervaile , to finde the king on this wise divested of a royall influence into all commands of state , not repugnant to the lawes already being ? or moreover not alike stil , whether placed in his throne or out of it , representative of a publike person : these are nicities that require a ray or two of further illustration from them . be it further urged , that notwithstanding this their resistance to his commands , yet they love and honour his person , as in duty they are bound to doe . not so certainely neither ; i am sure our saviour , io. . . teacheth another doctrine , if yee love me , saith he , keep my commandements . mark the consequence : and iehu , . kings . . about to destroy wicked iezabel who is on my side , saith he , who ? and immediatly wee finde his commands fulfilled , v. . true love towards our governours ever begets an inward obedience or subjection of the soule , & obedience straight breaks forth into outward performances . obedientia according to the etymologie quasi obaudientia : the word imports a willingnesse of hearkning and ready submitting our selves to the commands of our superiours . in briefe it is our duty not over hastily to dispute , but obey their mandates : otherwise of subjects wee become iudges both of them and their actions . being thus driven from either of those two former holds , they betake themselves for refuge to a third , and that indeed the weakest . we have not taken up armes plead they , against the king , but against the malignants and evill councell which is about him . here i cannot but remember the manner of certaine fencers or swash-bucklers in rome , anciently called the retiarti , whose fashion it was in fight , when as pressing eagerly upon the adversary , and endeavouring to cast their net ( wherewith they were fitted for the purpose ) upon him , that so they might entangle him , to crie piscem peto , non tepeto , i make at the fish ( a fish it seemes there being engraven on the others helmet ) and not at thee . so these men , they pretend a war against the malignants , but they pursue the king ; yet doth not the king write them friends whom they terme malignants ? doth he not owne and uphold them in their proceedings ? so as their being against them , argues manifestly their being against him . it is a gospell inference , mat. . . for in as much as yee have done it to one of these litle ones , the least of these my bretheren , saith our saviour speaking of his poore distressed saints , yee have done it unto me , so likewise ; v. . act. . . howbeit they still goe on , seize on his ships and magazines , force his townes and castles from him , yea shut the gates against him ; unlesse happily , as it befell phaedria in the comoedian from his kind mistris , who pra amore exclusit foras , as it is there , they likewise may be thought to have done whatsoever hath been acted in these affronting waies , meerely out of the zeale and tendernesse of their pure affections . this was the first consideration i made chice of to propose , concerning the person , namely against whom this war is undertaken , the king ; next i would have it considered that as it is the king , so he is a king interressed to his crowne by virtue of inheritance , a king , as i may say , natus , non factus , borne so , not made ; what the difference in this ease may be , as touching the validitie of interest or right to their dominions , between an elective and hereditary king , ( this for certaine being the more absolute and unconditionall of the two ; moreover the conditions what ere condescended to essentiall there and necessary constitutive to the very essence of soveraigntie ; here for the most part meere volun●ary and subsequent acts of grace , and so lesse censurable ( by man ) upon the breach and forfeiture , then there they are ) i will not make it the argument of my present discourse ; nor doe i produce this topick as meaning thereby to adde any strength of supportance to his sacred title ; that needs not ; but only as willing upon all true just grounds , to improve that dutie and loyall respect in the mindes of reasonable men , which they owe to their soveraigne ; it was somewhat surely ( at leastwise the poet thought it so ) that agamemnon doth so boast of the antiquitie and descent of his scepter , fetching it downe from vulcan to jupiter , from jupiter to mercury , from mercury to pelops , and so onwards . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} — we behold with a kind of reverence some high and loftie long growne oake , yet not so much for its height , as for its continuance , and as it were conquest gained upon time ; which since man himselfe by reason of his naturall frailtie cannot attaine to , we reverence it in his off-spring . thus it fares in private families , and thus should it be much more in the line of princes , who are patres familiarum , and so commended to us in scripture under the title of being the heads of their tribes . the point i drive at is this : princes by inheritance , as they have taken deep root , and are firmely seated in their throne , through virtue thereof , accordingly may they challenge a firmenesse of duty and alleagiance in the hearts of their people . in the third place let it be considered , that as he is an heaeditarie king ; so hee is a good and gracious king ; a prince singularly accomplisht throughout , malice her selfe , for ought i could ever heare , hath not in this particular whereon she can justly discharge her envenomed rancour ; look upon him in his owne line up to the top of his ancient and long renowned pedigree , treading through the whole series of his famous predecessours ; or look upon him in a collaterall line , and compare him with the neighbouring princes about , and without offence , i suppose , ( take him but in all respects ) i may parallel , if not preferre him to the best . quaeris alcidae parem ? nemo est nisi ipse ; what zenophen hath delivered of princes in the idea for morall virtues requisitely behoofefull in them , and what synesius with others for christians , we have here in some sort fulfilled in the history . but i must be sparing in the point for feare of censure ; nor needs in truth a gemme so resplendent and eminently apparent of it selfe much labour in the setting of ; it is no more then whatinteffect i have observed to drop from the pen of one of their own party ; omni exceptione major , grants he : a prince in his own naturalls or proper constitution beyond all exception ; only thus much then by way of aphorisme . o fortunati nimium bona si sua ! thrice happy we of this nation , if we rightly knew how to value herein and esteem our own happinesse ; which on the by might well give check to many of our seditious pamphleters & others in their crude indigested pasquils , who notwithstāding the scripture its so frequent caveats in this kinde against despising dominions , speaking evill of dignities , nay but ill thinking of them , they as it were , carried aloft in the strength of their unmannerly brain-sick zeale , make at the highest , and as the iewes once dealt by our saviour christ , forbeare not to spit in the face of majestie it selfe . vpon such as these hath the apostle st iude pronounced that heavie doome ( which i could wish they did seriously consider of ) allotting them as a just reward of their ill demeanours the blacknesse of darknesse for ever iud. . fourthly , i wish it may be considered how that he is a peacefull king : peace doubtlesse is a great blessing to a kingdome , and so is a peacefull king : o pray for the peace of ierusalem , saith holy david , and st paul , follow peace ▪ heb. . ver. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word implying thus much , that men should pursue and hasten after it , like as they doe for the prize in some race or game of contention , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in some such sense ofttimes in homer . now hath not the king been thus zealous for the peace of our ierusalem ; hath not he likewise ( though in vaine ) thus pursued and hasted after it ? witnesse the manie overtures or rather entreaties for peace made by him : and all this really , unfainedly ; not dissemblingly , or under a vizard , as those of davids enemies , whō therefore he deservedly complained of , that whilst they spake of peace , they had war in their hearts , ps. . had others been as forward as he , to imbrace termes of peace , to tread in that viâ lacteâ , wee had ere this ( my conscience gives me ) all closed in a peacefull end : yet no mervaile in it , for a peacefull sonne to proceed out of the loynes of a peacefull father ; his motto was pacificus ; neither doth our soveraigne ( i confidently beleeve it ) desire rather to have his browes encircled about with the lawrell of victory , then of peace and concord with his people . the fifth consideration shall be , whether these armes so taken up , be offensive , or defensive , defensive ( say they ) and will not be perswaded to the contrary ; there is the maine {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the businesse with them , a speciall point indeed ; let us a litle examine it ; civilians teach us that a defensive resistance is , when as the defendant is no way the cause or occasion of the conflict , by some kinde of former provocation , and then afterwards in the very act , he doth but propulsare injuriam , stands meerly upon his guard as ▪ t were , ayming rather at his own safetie , then the others ruine ; in a word neither provokes , nor pursues his enemie . this is the nature of a true defensive resistance , otherwise suppose i kill a man , to say i did it in mine owne defence , having yet provoked , pursued , and then assaulted him , would prove , i feare me , but a slender kinde of plea , even at the barre of common justice . the case comes neerly home to our purpose , for be it examined on gods name with an impartiall judgement , and let not actions so apparently done in the face and eye of the world be either grossely denied , or cunningly shifted off . who first ministred the occasion of this unnaturall war , by tumults and seditious riots , in the open streets ? next , who first drew sword , & gave the onset , as it were , thus putting fire to the fuell now prepared and laid together ? who lastly hath ever since most hotly pursued and followed the businesse at first so unfortunately begun ? the king all this while almost , sueing and intreating for peace , if so peace might have been obtained upon faire and honourable termes consistent with majestie : what town or sort at the beginning did , or at least needed to have feared his entrance ? nay , what towne or fort may yet justly feare it , if as they have unwarrantably taken up armes , so in acknowledgment of their error ; they shall submit , & peaceably lay thē down — civilia bella — vna acies patitur gerit altera , all the offensivenesse i can descry in the king as touching the whole matter is , that being at length enforced thereto , he would not suffer himselfe and his good subjects to be overborne with a tempest , and not make head against it : if this be it he is censured for , it calls to minde that story of him , who having first smitten his neighbour with his fist , afterwards sueth him , because his head was hard and hurt his hand : passion , say philosophers , in any subject is not without some manner of reaction joyned to it : nor can we defend our selves but it is most likely we shall in some sort or other offend the assaylant . but the nature ( as i said ) of a simply defensive resistance , is to be tried at the test of the premised circumstances . sixthly and lastly , it will be worth our consideration to examine upon what grounds these armes be lifted up ; ●t is an axiome in state policie , and ever hath been , that better to connive at and suffer some inconveniences in a church or common-wealth , then to expose either to the manifold dangers of alteration . and one of their own outlandish doctors in a tract of his upon the like argument ( though pleading for resistance ) yet layes it downe for a principle or sure maxime without all peradventure : i must confesse mine owne ignorance , as not having lynceus his eyes about mee ; and therefore desire to be informed by others , whereupon this so urgent necessitie of a civill war may be thought to have been grounded ; otherwise i shall easily be induced to beleeve , that with him in the history , they doe but pursue their owne shadowes , or shoot at a mark which themselves through the errour of their weake fancies have set up . is it for matter of religion , as it was maintained in the best and purest times of a reformation . the king hath promised it , himselfe doth practise it , and i heartily wish the best of his ill-affected subjects were but herein followers of his good example . is it for the libertie and freedome of our persons ? the king hath likewise passed his word upon it ; is it for a property in our goods and estates to be enjoyed by us according to the established wholsome lawes of the kingdome ? i must returne the same answer . for what then ? davus sum , non oedipu● : i desire that some good men or other would be pleased to help me out ; where there occurres not danger of our religion , nor of our liberties , nor yet of our estates to be invaded or trenched upon ( as neither can the master architects of these miserable distractions , i suppose , though having artificially perswaded others , fully perswade themselves there is ) there to take up hostile armes , you may if you please , stile it a just resistance , but what terme it deserves of right , let the world judge . besides then the groundles surmises , feares & jealousies of certaine melancholy overworking heads , as may be well imagined , since , prona est timori semper in pejus fides . and those too many of them , it is to be thought , like false fires , raised of purpose , by the industry of cunning projectors , only to amuze the simpler people : no other ground or reason can i finde of these publique commotions , unlesse what remaineth , it may be the distemper'd and perverse ambition of some particular person ; i burthen none with this heavie charge ; but so it is in the generall , that men of discontented humours , or otherwise ambitiously disposed had at all times rather hazard the common peace and safetie of the whole , then fayle of their proposed private designes ; publicis incendiis patriae clarescere , as he speaks hath alwaies been more for encouragement then a stop to the proceedings of such kinde of spirits ; chiefly whēneed & a decayednes of fortune , help to sharpen and whet on this froward ambitious humour of theirs ; and as there ; so likewise is it where men have casually embarqued themselves further , into great affaires , then that they are able with safety to come off ; there they stagger and faulter up and downe , as much uncertain what course to take , yet still make onwards , and rather then perish alone , desperately put all into a generall confusion : with sampson taking his last revenge against the philistines , they pull down the house , though necessarily it fall upon their own heads , causing thus the guiltlesse ruine of a whole nation oftimes to wait upon the herse of their deserved overthrow . notwithstanding all this the king , say they , for certaine , hath formerly tran●gressed in the premises by declining from the manifest and knowne rules of the law . i will not here argue the just prerogative of kings , what they may happily challenge to themselves , either praeter or sup 〈…〉 a , besides or above the law . this would be censured streight ( such is the malitious wit of jealousie ) as a plea made for the establishment of an arbitrary goverment ; yet so machiavell may teach , or his associates perchance , but not i : thus much only then i shall say in this matter ; what ere priviledges the prince is possessed of , whether derived unto him by custome , or as grounded upon the law it self , favore amplianda sunt , is an authentique saying borrowed from canonists ; they ought of right rather to bee improved , then any way diminished by us ; without any curb or boūds at all imposed frō law to regulate them by , did kings ( we find ) anciently and in those heroick purer times of the world ( thence rightly termed {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} with the like ) governe the people subjected to them . but and this farther : there can be no state so exactly framed & composed according to the rule of law , but that it will require some kinde of a moderating dispensative power left in the hands of the supreame magistrate ; since the law is generall , nor can it therefore possibly extend to a through determination of all particulars : and in such a case i had rather ( if i needs must ) be under the power & governance of one , then of many . easier was it for athens to suffer the arbitrarie dominion of one tyrant , then as they did a while , of thirty : and for rome upon emergent occasions the dictatorship , or absolute government of a single magistrate , then that of the decemviri . it is confest that where the way is plaine and open , no obstructions or difficulties to hinder , there for the magistratet o walk {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the philosopher prescribeth , is the safest course : but this cannot alwaies be , i presume , in the best commonwealth , though never so well ordered by the square and advice of the wisest lawgiver . and now for their objection more particularly . grant the king hath heretofore somewhat swerved from the knowne dictates of the law ( yet not to that height , neither will themselves say , as either of tyrannie , or grosse idolatry , howbeit the onely just causes of resistance doubtlesse , were there any just ) what ? finde we not david and solomon , the best and wisest of kings to have digressed oftimes into sundry by-paths of sin , and errour from the law of god , even to the highest pitch ? take in ahab , manasses , with others of the worser sort ( nor yet questioned thereupon by their subjects streight for their fowle and truly insufferable misdemeanours in point of regall government ; yet were they as strictly bound by solemne covenant , both towards god and man , entred into at their severall inaugurations , to a performance of certaine conditions , as kings at present be ; nor doe we generally finde gods priests and prophets then , the ordinary sole interpreters of his hidden pleasure , upon any termes what ere freeing the people in the least degree from that indissoluble tye of their duty and subjection to their lawfull soveraigne : unlesse occasionally , by virtue of some particular expresse , or other from the very mouth of the almightie , as it happened in jehues case rising up against ioram . . kings . or in that of jeroboam doing the like by his liege lord , . kings . which with the like extraordinary and immediate commands from god ( unusuall for these times ) our enthusiastis thēselves will not , i hope , in modesty offer to pretend to in their present undertakings . and say , must princes then be brought upon the stage , and subjected to the danger of being resisted by the people , upon a supposall of every slip or petty errour committed by them ? princes ( they may be pleased to know ) as they are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or patres familiarum , as was said before , so have they a large family to governe and supervise . adde hereto the many intricate and perplext mysteries , those arcana imperii , which they have to deale with in the management of the sate ; so as they see not alwaies what they doe ( neither can they ) but by other mens eyes , nor heare they , but by the eares of others , but are forced to use the subservient help and assistance of their ministers . can they shew me wherein the king hath knowingly and willingly broken in upon the received lawes of the land , and that without a full perswasion of what he did , to be just and warrantable ; hic nodus vindice dignus ; for as so , i am confident , hee may safely proclaime it aloud with old . samuel . . . whose oxe have i taken , or whose asse have i taken , or whom have i done wrong to ? and with st paul , though in another sense , i am pure from the blood of all men , acts. . . errors till now of late were not wont to be accounted crimes , not in the meanest , much lesse in princes , wholy so high , at leastwise should doe , above the levell & pitch of common censure . and yet againe , hath not the king long since been pleased to descend , as t were , from his throne of majestie , yeelding to a gracious revocation of whatsoever but suspectedly might seeme heretofore to have been carried in a wrong course ? hee who by virtue of his place is , & hath been alwaies so esteemed of in former times , not only {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the chiefe framer and withall dispenser of lawes , but also {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the very life and soule of the law : a point therefore which maiestie useth but seldome to stoop to ; princes accounting of none as competent judges of them and their actions , save god alone ; since it is a true saying , rex est qui regem , maxime , non habeat , he is truely a king who acknowledgeth no commanding power upon earth above himselfe . against thee , thee onely have i sinned ; we know whose submission it was , and to whom he tendered it ; neverthelesse our king he hath done it , his royall declarations on the one hand , and his reall transactions on the other , extant in so many gracious bills passed for the good of his subjects , may serve as a sufficient pledge of this truth . had but rehoboam done the like , notwithstanding his precedent so offensively grosse extravagancies indeed , mentioned . , kings , . the revolted tribes , ( as it is imagined by the best ) had soone returned to their due obedience ; even among private persons a mans word backed with reall performances hath ever been esteemed of as a sure testimonie of his true and sincere intendments . for all this , there be some so impudently fearefull that they dare not trust his maiestie ; and it is this diffidence , amongst other things , which hath been a chiefe incentive to these publique disturbances ; although a vaine one , if rightly considered of : when as men shall goe about to undoe a commonwealth , onely because they feare and weakly suspect , it may be undone , furor est , ne moriare mori : there being moreover provided , as there is , a most sure and soveraigne remedie against all such danger , an effectuall {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , for what ere distempers casually arising or happening in the state , that of a trienniall parliamentarte convention ; but say , i beseech you , not trust him ? not your king ? so religious and just a king ? not him whom the lord himselfe hath trusted ? whom god and the law both have entrusted with the charge , of so great a people ? whence kings they are usually stiled in scripture , pastors , fathers , termes of themselves importing much trust and affiance to bee had in them : that too after such solemne protestations , such effectuall imprecations made to this purpose , and published by him ? lastly , after the many acts of grace ; done by him already , as sure pawnes of his reall intentions for the time to come ? yet after all , not to afford your soveraigne so much credit , as but what either turke , or pagan upon like termes might rightly challenge at your hands ? wonderously strange ! especially that men so credulously given in matters of highest consequence , should prove so diffident and distrustfull here ! so confident god-wards , and so suspicious of his vicegerent . strange if not an offence , happily , ( besides its arguing further , some {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or innate fraudulency of selfedisposition ) against the rule of common charity , which lessoneth us to entertain a favourable conceit of all men , . cor. . nay a trespasse against the knowne lawes of nature , that prompts us to deale with other men , as we would be dealt with our selves , to mete out to them the same measure , we desire should be meted back to us . the truth is , yeeld them so much power into their hands , whereby they may be inabled to command if not as masters of the kingdome , yet as the masters mate , keeping the scales upright in an equall poize , readie to turne at their own pleasure . in a word , able when they list , to binde their kings in chaines , and their nobles with links of iron , as the psal. mystically deliver it . and then t is probable they will be induced to trust him , but not till then . i may adde it as a corollary here : never better prince , upon no better grounds , so harshly and uncivilly intreated by his subjects . yet some moreover there bee , who stick not to complaine , that he is still misled ; so runs the phrase ; but for gods love by whom , or how ? doe they meane so , as each man is drawne away and tempted , as s. iames teacheth , of his own lusts and untamed desires ? his knowne moderation and temperance in all respects will free him , as much as may bee , from this imputation ; by those then in private which are about him ? if it be so , without more adoe ; and that the old pernicious stratagem of galing and wounding the prince through the sides of his neerer attendants , be kept up ; ( although this exception might now at leastwise well be spared , a greater part of the two houses being present to assist him ) howbeit were it so , as they pretend , it seemeth in time it may prove a criminall offence to be nigh his sacred person ; and that which hitherto hath beene accounted an honour , shall be imputed as the greatest aspersion ; and so by degrees every loyall true subject , at what distance so'ere shall in fine become a delinquent ; time was when disloyalty or but disaffection towards the soveraigne was made to be crimen crimine vacantium , saith the observant historian ; a punishable fault in such that wanted faults of accusation besides : but now we may expect and justly feare the contrary ; it hath already thus befallen the ministry in their kind , most of the conformable worthyer sort of them in all places , being thereupon , and for no other reason commonly , strangely metamorphized , through a wrong interpretation , into a new shape , and so presented to the world under the title of popish or scandalous ; but therefore let us rather know in what ? why thus , as farre as my weake apprehension will carry me . the king is not pleased to grant whatsoever is demanded of him though never so unreasonable , ergo he is misled ; because his majesty will not yield to an hocksing and laming of his owne reg●ll authority transmitted unto him entire from the hands of his illustrious predecessours : to a new moulding of the state after the venetian platforme : to a new building of the church suitable to the genevian modell . in breife to the creating of a new heaven and a new earth here amongst us , that is a new church and a new commonwealth , he is misled , he is seduced by wicked counsell . this is the summe and totall of the businesse , as farre as i can understand , or if there be more in it , i wish it may be made appeare , and the mindes of the moderater sort of people thereby better satisfied ; neither yet would i be so understood in these last passages , as if i desired that matters whether in church or common wealth should altogether stand as they have done , unmoved , unquestioned . not so perchance , ( albeit this be a poynt without the retch of my decision , ) since what church or state was ever knowne to have long continued free from the creeping in of sundry pernicious and destructive abuses . like as some garden or other , we see how it becomes overgrown with weeds streight , if not carefully and often looked to or as the body which quickly superabounds with noxious humors , unlesse now & then it be cleansed by wholsome physick . but there is , i conceive , a wide difference to be found betweene a reforming of what is amisse in either , and the absolute transforming the whole into a new shape ; betwixt pruneing or lopping off the excrescencies of some over luxuriant vine , and a quite digging of it up by the rootes ; this is destructive , that usefull , the former may well be tolerated , nay is some times very requisite . but it is this latter which sober understanding men do so abominate , whereby not only the old and soure leavin is to be purged forth , , as saint pauls counsell is , but both batch and laevin , are in danger to be done away together ; and now a little to recollect in one those short imperfect considerations , which have hitherto beene deliverd upon this argument , as 't were gathering together the dispersed handfulls , and making them up into one entire bundle . here is you see a warre continued , a cruell bloudy warre , this too against the king without question ; yet this king an hareditary , a good , and peacefull king ; withall the armes taken up and used in this warre , they are not , as it is pretended defensive , but offensive plainely ; then lastly upon what occasion or ground ariseth all this ; certainely upon none as yet , that hath not at leastwise beene graciously retracted to the full : and as for the future there 's none imaginable , unlesse the bare furmises and lealousies of men , as was formerly sayed , working them into a needlesse distrust of the kings fidelity towards a performance of his promises , may be held a lawfull and sufficient ground ▪ and tell me , what soule endued but with common reason can approve of such irregular horrid proceedings , which no age , i beleeve , since the times of christian rule and subjection first instituted amongst men ( if taken with all circumstances of aggravation ) looke over the remaining annals , peruse the choycest records , can fully patterne or exemplifie ; what heart can chuse but bleed upon a serious consideration of these groundles intestine broyles , broken forth within the bowells of this once flourishing common wealth , which ( as that ignis sacer with physitians , rageing in the bones ) of all diseases and annoyances to a state , is the most dreadfull . i have done with the first branch of my intended discourse , concerning the king ; i come next to speake somewhat of the d , the people ; the king and his people as subjects , are relatives , and so may well be comprized within the lists of the same argument ; now the people may be considered either disjoy ntedly and apart , or else as they make up one entire representative body in that highest court : in this latter capacity or consideration i shall not say much of them : i love not walking upon precipices , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} things above us deserve rather to be reverenced by us , then over boldly medled with ; but yet this i may safely say , and without offence , i imagine , that the wisest assemblies in this kind that may be , cannot amongst the rest of their priviledges what ere challenge to themselves a priviledge of being altogether free from errors and mistakes . it hath beene so in the gravest councells of the church as hitherto ; ( true councells indeed , and those truely and legally summoned together ) one solely accepted , and that the first , wherein the holy ghost after a more immediate manner did sit at sterne , moderateing and directing their present consultations . to pretend either here or there to an absolute infallibility would ●avour too much of popish arrogancy : yet a blemish which neither the lay nor ecclesiasticke part of this kingdome will be willing i hope , in any considerable number to acknowledge themselues much guilty of . againe we find in councells how there hath swayed oftimes a prevailing faction or party : so as they deserved not so much to have beene termed concilia , as conciliabula , rather conventicles then lawfull assemblies , and accordingly the result of their consultations hath usually tasted strong of the prevailing side : nay , we have heard of councells or synods , that for a great part there sitting , in the first choice or constitution of them , have not alwayes beene , 't was thought , so impartially assigned to the place , as not consisting of the best , the ablest , and every way fittest for the worke that might be found : witnesse the many examples of councells both ancient and moderne too , which might be called upon in attestation of these truths ; i apply not the one , nor the other : but this i may perhaps inoffensively say : what hath often happen happened to a councell , may at some time be fall a senate : those of the short robe are not more exempted then those of the long ; howbeit i wave the point , with a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , wishing , though no wayes hoping , all to be well . yet one thing more , which i had almost forgotten , & it is this ; what power soever the representative body hath at best , questionlesse it hath it from the body at large , the people ; as the sunbeames contracted into the narrow concave of some burning glasse , they are the same with the beames in open aire , though some what more vigorous and active by reason of this contraction ; not boundlesse or uncontrouleable can such a power then be , for that were more then the people have in themselves under any capacity , as being subjects still . and nihill dat quod non habet , is a maxime in philosophy , as true , as common ; should the people pretend to the bequeathing of such an unlimited power , as our saviour bespake the two bretheren sueing for preceducy of place in heaven , ye aske ye know not what ; the like might i say of them , ye presume to give ye know not what : so then the power both inherent and derived from the people , is bounded , and ought to move regularly ; not beyond the scope it was intended for ▪ i gave my vote to the erecting of this power , not meaning it should recoyle upon my selfe , to the subversion either of my estate or liberty ; nor yet against the soveraigne power whereto it is subordinate , as being absolutely the highest , if saint peter mistake not . peter . . to talke of a coordination hereof the three estates ( as some have wisely done ) making the king one of them , ( who yet indeed is none , but properly and truly ( will the learned in law soone tell us ) head of those three , viz. the lords spirituall , temporell , and commons of this land , according to the ancient usage and contrivance heretofore of parliaments . ) but grant it were as they would have it , to talke i say , of a coordination of the estates in this case , were in effect , besides other absurdities following thereupon , ( if the result be throughly lookt into ) to constitute a supreame without inferiours , a king for the time not having subjects ; the people all of them ( as it must needes follow ) being implicitly involved under the other two ; how much better would a soft complyable motion do betwixt the three , and forward the dispatch of businesses most effectually : it should be like that motion in the prophet ezekiels vision rota in rota ; or as of the sphaeres above , which move one within another . that crosse contrariant motion of the neather sphaeres to the first moveable , we know how it begets a slownesse or tardity in them of their proper and naturall procession ; and we see by wofull experience what a stop , if not a retrograde declination of civill affaires , the clashing or banding of one power against the other hath wrought of late in this miserably distracted common-wealth . but falling downe , as i was about , to a lower pin , let us next consider the people in a disgregative sence or notion : those who hitherto upon all occasions have so firmely every where ( whether voluntarily or invited to it , i meddle not ) adhaered as a strong support to the higher powers ; i meane not here to enter the lists of a particular comparison , by poysing man with man , person with person on either side ; but as we may find divers of good note ( be it confessed ) on that part , so are there many more , let me say it , on this : if saul hath slaine his thousands , david can boast of his ten thousands : the muster rolle if lookt over would better determine this quaere , then i can ; well may they confide and rest themselves upon the affections of the vulgar sort who ( besides their naturall pronenesse towards innovations ever ) as most an end they understand but little , so are they easiliest seduced , and engaged in preposterous undertakeings : but for those of better ranke , such as be either knowing , or otherwise of more considerable qualitie , here they must needs acknowledge themselves to be upon termes of disadvantage ; some hereupon i have heard to terme this warre with reference to the opposite side , as that of old , bellum rusticum , the helio●s or the pesants warre . and questionlesse it is some encouragement when as it chanceth thus , we excel not only in the goodnesse of the cause , but likewise in the worthinesse of the abettors . but passing by what ere other sorts of men in their severall ranks and stations as they might be summoned up , let us in our passage touch at the divine . can they shew mee any of their chiefe scribes or teachers ( take him forth of the highest classis with them ) that may be thought in point of sound and deep knowledge an equall march for divers but of the second or third here : yet is resistance ( the center namely whereunto this whole discourse doth bend it selfe ) not meerly a point of state-policie , but of conscience also , even in the highest degree : and being so , who so fit to direct the conscience , as is the divine , and of divines the learnedst , the best able ? next take but into consideration the zeale , or rather the fury of many of their chiefe ministers or agents in these affaires ; religion is pretended , but certainly malice acts the businesse : or if it be zeale , it is a zeale i feare set on fire by a coale from beneath . those who have felt their scourge can best judge of it , and had rather , i beleeve , fall into the hands ( if they needs must ) of some unbeleeving ismaelite , then of a too too beleeving zelot : no spleene or bitternesse of spirit like that of your hot professour ; none more cruell , because he persecutes & wrongs his neighbour , yet thinks he does god good servicein doing so ; paul was not more paul afterwards in the waies of truth & sinceritie , then he was saul before , a fierce & eager persecuter of the church ; such was the bitter rage or fury of the circumcelliones or preciser sort of donatists heretofore , against their dissenting , yet orthodoxe brethren of the african church , as sundry of the fathers make mention , not without their deserved censures thereupon : although they be not all saints neither i conceive , who appeare on that behalfe . many there are , doubtlesse , who doe but denis in diem assibus vitam aestimare , as the saying is , fight for pay and no more . and some , i understand , that are not of the protestant religion ( object they back what they please branding their adversaries with the opprobrious nick-name of popish armie ; and yet were it so , neverthelesse true native subjects they must needs confesse them ; enough to justifie both the tender and acceptance of their bounden service in a time of exigency ) nor for it therefore more then others . fourthly , observe their manner of proceeding in furtherance of the publique cause , what by forging , by falsifying , & then imposing their falshoods upon the world ; the presse with them of late hath been so inured to this cretian dialect ; that there is question , when or whether happily it may hereafter recover its ancient guise of speaking truth : newes of plots and dangerous conspiracies one while ( those too most an end strained to a very ridiculous height of panick affrightments ) which yet as hitherto , god be thanked , neither wee nor they have felt , nor had at first , it may be , much cause to feare ; newes of some notable victorie , or other atchieved every day . yet as it hath proved afterwards got ofttimes ( if not by treachery ) then in a dreame , without a battle . lying wonders , i have often read of , but not of lying victories till now . newes of popery and popish ceremonies begun of late to be set up , and countenanced in severall places . a fiction , in truth , well befitting the popish legend , and thither i commend it ; what may wee thinke of these men , with their mountebansk-like devices , who under a masque of pretended zeale , thus shamefully trade in falshoods ( all to cheere up their poore deluded followers , and keepe them still in heart ) but that even their profession it selfe is but a kinde of lye or grand imposture . nor can they therefore , if they marke it well , so safely taxe their adversaries , as they doe , with those haynous crimes of swearing & prophanesse , since lying & swearing are sinnes surely neere allyed , and yet lying too ( it may seem ) carries a more immediate relation to satan the author of all sinne , who for this , is expressely entitled the father of lyes . io. . . vnto this moreover note in the fifth place their bitter raylings and invectives usually against church and state , which is another by-path they use to tread in , thereby labouring to stick an indeleble character of disgrace upon the present government in either ; ere while the bishops miter shrewdly troubled them , and now the neerer interest and powerfulnesse with the king of some our new state pilots . ( not the faults of either , it may be giving so much offence , as the eminency of their places . ) now the prelates , then the statists . what can i say more or lesse concerning this unquiet barking humour of theirs , but this , the lord rebuke them ? especially for some among them , and those of the leviticall tribe too , the firebrands and chiefe incendiaries , to speake truth , in these bloody disturbances . those {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or certain minor prophets of the times , as the great criticke was wont to terme such . indeed the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the chaffe & out-cast of the clergie . those pulpit barraters , i meane , whose religion usually is faction , and zealous ignorance . that have turned preaching into flat rayling , and insteed of disseminating the word of saving truth in the eares of their hearers , doe nought but sowe sedition ; forcing them on by their powerfully delusive perswasions , like sillie sheep as they are ( almost without the help of a metaphor ) into daily slaughters , and unlesse god of his mercy shall please to intercede , certaine destruction at once ) ( i feare ) both of soule and body . if then what philosophie hath taught us , the end may be guessed at by the meanes conducent thereunto , for that the meanes and end be wontedly inter se commensurabilia , as they say , and do each answer one another i know not how i may conceive or hope well of the end in this case , where i see the meanes to be so foule and altogether unwarrantable . last of all , let it be laid to heart the many unspeakable miseries , which these unhappie differences insteed of a redresse of some former sufferings have brought upon us ; quite contrary , as it were ex professo , to what we had reason to expect : the remedy as hitherto proving much worse , then the disease was . losse in the libertie of our persons . for as now what man can be securely safe in any place ? and which is the truest symptome ( as the oratour some where tells us ) of a people or nation , running further into slavery , wee groane and complaine under the burthen , as sensible of it , and yet contend not against it with an unanimous consent , as it were benummed in our resolutions . losse in the property of our goods . for as times are , ius omne in ferro est , not the law but the sword is made the master of our estates . to speak nothing of the new aegyptian burdens or taxes beyond all sufferance daily encreasing upon us . losse in the purity of our religion . so many brainlesse impious positions are crept in , which like that abomination of desolation spoken of by the prophet daniel , dan. . . have greatly polluted the house of god . great care of late hath there beene taken for the suppression and avoidance of poperie , and 't is well , if so it end not ( which yet may be feared ) in making roome for the introducement of senselesse anabaptisme , or utter libertinisme . losse in the beautie of our discipline , or liturgy ; no decency of order observed now . every mans private spirit , or rather fancy , will needs be a rule unto it selfe . and how far this irregularity may chance to proceed is hard to determine , since conscience not ballanced with a sound judgement is commonly boundlesse , and never ceaseth till it shut up its progresse in a plaine phrensie ; i remember to this effect a remarkable passage in that storie of those mad anabaptists of munster in germanie . they began at first upon pretence of reforming somewhat amisse in luthers doctrine , about certaine few articles there . thence they goe on to an utter abolishing of the then present liturgie . that would not serve the turne , but ere long the written word must bee th●owne by as too straight , and concludent to the spirit , and this moreover with a scoffe by crying bibel , bubel , babel ; a scheme much like to that in the old poet , titi , tute , tati , tibi , &c. now againe , as before , let us put the premises together ; the infallibilitie , as hath been argued of the greatest assemblies , the partialitie ofttimes apparent in some , the bounded and circumscribed limitednesse of all , the fuller concurrence of able personages on this side ; the preposterous indirect waies of proceeding by the fomenters , and other agents on that ; the inexpressible calamities , which have and are like to fall upon us in liew of an hoped for reformation . joyne hereto as a close of the rest , that which yet indeed fills up the ephath of these mischiefes full , the bringing in of a forraigne power : as if the fire of dissention our selves had kindled , were not speedy enough to consume a state , unlesse others from abroad be solemnly invited , and drawne in , under pretence of quenching the flames , to pull downe the house . and the scale methinks seemes still and still to weigh downe lower : the kings cause more cleared , and the peoples more liable to just misprision . thus have i in short drawne forth , as 't were , a true coppy of the businesse , as it stands de facto between the king , and some of his people . should i now put from shore a litle , and goe on further from the thesis to the hypothesis , from the history of the matter to a probleme , as whether supposing the king were truly misled , and that he did notably fayle the trust reposed in him , whether in such a case hee might be lawfully resisted , would be a point as easily argued , and polemically concluded on the kings part , as it hath been hitherto treated of in a plaine and positive discourse ; for at a word , take but away that grand phenomenon of theirs , that regall power is originally from the people , and therefore upon occasion may be reassumed by them ( which yet both in the antecedent and consequent is utterly false . ) this principle too as it is further backed with certaine generall maxims , as quicquid efficit tale est majus tale , and , totum est majus suis partibus ; againe , salus populi suprema lex , with the like . axiomes , as it is evident of large extent or compasse , subject to divers and sundry limitations , and accordingly as so , fitter for young sophisters to wrangle out their disputes with , then as meet engines to overturne monarchicall government ; take away , i say , but these and the like supposita laid downe as an unshaken foundation by them ( which yet hath been a taske already sufficiently performed , by the lernd industry of divers worthy undertakers in that kinde ) and the whole frame of their weak built discourses quickly fals to ground . what they urge concerning the fundamentall lawes of the kingdome ; what likewise touching the usage and customary manner of proceeding by generall assemblies in such like cases heretofore , both at home and abroad , trusting to these amongst the rest , as forts of safe retirement ; breifly for the former ( if so it be not a meere chimera of imagination barely ) it is to be wondred at that lawes of so high concernement in the present businesse , should lie hid so low under ground , as not to be found out & produced all this while ; whereas the contrary , i understand , have beene and many be still exhibited , without any such labour or paines of disquisition ; or grant such lawes might be produced and made appeare , yet surely with me the law of man shall evermore submit to the law of god ; this is , or should be , i am sure , the touch-stone for all lawes ; where the divine law and humane chance to crosse & thwart each other , my conscience directs me the safer way ; and tells me i had best keepe close to the former : it is so in the discipline or outward forme of church-governement : i appeale to themselves for a testimony ; there they cry up to a tittle verbum domini : still the word , the word . and why not so according to some proportion , at least , if occasion require it , in the rectifying of secular and state affaires , i see not the least shew of reason , that can be yeilded to the contrary ; yet now for the word of god they have so little comfort thence , such small hopes of any expresse warrant for their proceedings ( savouring over strongly of jesuitish principles ) to be found there , as that they scarcely meddle with it , unlesse as they be casually drawne thereto , in their replyes and unsatisfactory answers , nothing to be heard of there , more then prayers and patience in such cases ; god as then must be intreated to incline the heart of the soveraigne , not the people incouraged to inforce him ; little mention made of resistance , except it be against the devill , or so ; but still of obedience and christian-like subjection ; for the latter , that of practise and example , it is an anthenticke classicall saying , exempla paucorum non sunt trahenda in leges vniversorum : we must if we do well , not suffer our selves to be governed altogether so much by presidents or examples , as by reason . and it is cheifely true of the examples of latter times , where they recede from the fountaine , the purity of ancienter and better ages , and so grow more suspiciously corrupt : if some before us have done amisse , we must not straight make their example the rule or patterne for us to erre by . by resistance so often forementioned ( to goe no further at present ) i meane an active resistance first undertaken , and then pursued in an hostile offensive way : for and such a resistance is this , say they what they please , both deluding themselves and others . and yet such a resistance none of them of the later hach ( as farre as i have seene yet ) dare in their writings offer to maintaine with open face . just in the method of those of rome ( whom they so much abhorre ) their practise here no way keepes pace with their doctrine : for why ? neither scripture nor reason , nor yet any president of the primitive or better times , they know could be brought with the least semblance to speake for them : they are for the king too ( if we may beleeve them ) as well as we , and meerly stand upon their owne defence ; nor this neither against the king in his owne person , but against some invisible enemies of the common-wealth about him ; so as to enter the lists of a dispute by putting the businesse to an ungranted height on the kings side ; where yet the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or maine point in controversie , as things do stand in themselves , is ( though but for credits sake ) denyed on theirs , were ( as they say ) to beat the aire , or for want of other worke to seeke out an adversary . let the premisses be duely observed , being no otherwise then according to the true condition of the present affaires , and the question if rightly propounded would be this ; whether or no , it may be lawfull to take up compulsory or offensive armes , against a rightfull gracious prince , professing to governe in all respects by the knowne established lawes of the land , only upon termes of meere jealousie ; and distrust to his regall promises , thereby imbroyling broyling their native country in a bloody and miserably destructive warre . quod restat probandum . besides that such scholastick hypotheticall velitations as these one way or other , howbeit they right the king in point of due obedience , yet by reason of the supposall they take in , malitious and captious heads may be apt to misconstrue them to somewhat a prejudiciall conceipt of him in matter of his goodnesse and integritie ; whereas , god bee thanked ; non defensoribus istis , we need no such strained helps , having so religious , so iust , so vnderstanding , so every way compleat a prince ; be this ground firmely and strongly still maintained ; what needs much arguing the lawfulnesse , or vnlawfulnesse of resistance in some dioclesian his time , when as there raigneth a good and godly constantine ? or of clashing and banding together in set disputes , the supreme soveraigne power residing in the king , ( a point sufficiently evidenced by the severall , and those publique acts of state extant to this purpose : as also farther confirmed by the very title of majestie appropriated unto him as chiefe : this having been in all states evermore the peculiar badge or cognizance of soveraignty wheresoere it lay ) with that of parliaments ; where the prince freely and ex mero motu denies them nothing , that either reason , law , or his owne just rights may give way to ? a prince whose heart is truely in the hands of god ( not of evill councellours ) to order and dispose of , if any kings upon earth be ; of whom briefly it may be said perhaps without our better deservings , as the apostle speakes , heb. . of some especiall saints and servents of the almighty in times past , that this island of ours , or lesser world will prove it selfe unworthy . meane while the premised considerations , as i have committed them to paper for mine owne satisfaction , so shall they suffice mee untill a surer and more reall ground be offered of a disputative enquirie . and did others , i wish , whom it may concerne , propose the like to themselves , annexing them as a labell to that sacred oath of allegiance they have taken ; adde hereunto the late solemne protestation made for defence of his royall person & dignitie , either of which how they can possibly dispense with in their proceedings so diametrally opposed ( maugre their sundry senselesse evasions ) be it between god & their owne consciences : for my part i must professe , i am yet to learn ; let them consider the sacriledge , the murders , the rapines done ( nay commanded , iustifiable legall offences you may now call them , as far as an humane ordinance will carry ) in these wild licentious times of anarchy ; strange beginnings of an intended reformation , one would think ; i have read of religion in the primitive times planted , yea propagated in blood , under pagans and infidells : but for christians amongst themselves , professing one and the same faith , to advance the supposed purity of gods worship by such harsh meanes , i have not so frequently heard of , untill these later and frantick daies of ours ; it is the fruit of a doctrine well becoming the turkish alcoron , and there accordingly ofttimes inculcated , but no where surely to be found in the gospell of christ : not taught by his apostles , nor afterwards abetted by any of the orthodox fathers ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , prayer and preaching were the appointed weapons of their warfare ; notwithstand●ng more outrages , i dare say , more heynous and crying sinnes in all kinds unpunishably cōmitted under this pretext chiefly these last two yeares , then have bin acted formerly , ( set them altogether ) within the circuit of this our english clime , since the first establishment of the protestant religion here amongst us ; as if with us now indeed were the time when satan that great master of misrule and of all impietie were let loose into the world , according to st iohn that his apocalypticall prediction , rev. . . consider they , i say , and that seriously , lest as our saviour speakes concerning the iewes , mat. . . burdening them with all the righteous blood which was shed upon earth , from the blood of abel , unto the blood of zacharias ; so ( in as much as between two parties disagreeing , the one must needs be faulty ) all the crimes fore-mentioned may come upon them likewise , and be added to the score of their offences . and yet if one small transgression , in any of the premisses bee , as it is , enough to sinke the guilty ; what will an huge heape doe ? if caines own sinne alone was heavier then he could beare , what may we thinke of the numerous sinnes of a whole nation ? these or the like considerations then , if throughly & impartially weighed , might be of great force in rectifying the praecipitate disloyall inclinations of a still misguided sort of people ; certainly it hath beene want of a serious animadversion on this behalfe , which hath hitherto blindly led them on : a strong though groundlesse conceit with manie of the justice , nay necessarinesse of the cause , swaying them aside from the course of their bounden duty : as if their religion , their lawes , and liberties , lay all at stake , ( true for certaine , it is to be feared the contrary side ) which yet as here , god knowes is nothing so : when absolon rose up in armes against his lord and father david . . sam. . no question but the heads of the then devised conspiracie made good use ( the text insinuates as much ) of some such specious pretences , wherewith to cozen the weake and ignorant people ; so , for that causelesse insurrection of corah with his complices against moses and aaron together , num. . thereby at once discovering their rancorous disaffection towards the established government both in church and state ; yee take too much upon you , cry these discontented reformers , ye intrench too close upon our pretended priviledges , our liberties , our consciences ; never any rebellion wanted a cloake or cover of this kind of making . and therefore men should have done well , carefully to have pondered aforehand , by debating over and againe , a businesse of so high consequence ( as that whereon depends the hazard of eternall damnation , rom. . . ) before they had rashly ingaged themselves in a blinde and obstinate defence of the same ; or if it hath been duely perpended , as it ought , yet without effect : then naught to bee said but this , quis furor o cives , god , i feare , as his usuall way of proceeding is in such like cases , hath strangely besotted and infatuated the understandings of this sinfull nation , meaning to scourge us still after a most severe manner , with the rodde of our own fury ; like as it befell the ammonites , and moabites , in fight against the israelites , who helped thus to destroy one another , as we finde it recorded , . chron. . . exemploque pari ruit anglica turba , suoque marte cadent coefi per mutua vulnera fratres . i conclude the whole with that sage advice of the wisest of men next to christ himselfe , prov. . . worthy of a deliberate poising by all , but especially those of the disaffected partie . feare god and the king , and meddle not with them that are given to change : for their calamitie shall rise suddenly , and who knoweth the ruine of them both ? where it is to be observed , how you have god and the king set a brest as 't were , the obedience we owe to the king joyned with that duty which we owe unto god : & sutably a neglect of our performance in the one , threatned with certaine destruction alike , as in the other . and the reason for both holds parallell still , because as by the former we offend god in his owne person , so by the later we injure him in the person of his substitute or immediate vicegerent here appointed over us . finis . gildas de excidio britanniae . moris continui gentis erat , sicut & nunc est , ut infirma esset ad retundenda hostium tela , & fortis ad civilia bella : infirma , inquam , ad exequenda pacis ac veritatis insignia , & fortis ad scelera & mendacia . a visitation and presentation of love unto the king, and those call'd royallists burrough, edward, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a visitation and presentation of love unto the king, and those call'd royallists burrough, edward, - . p. printed and are to be sold by robert wilson, london : . reproduction of original in huntington library. signed at end: e.b. attributed to edward burrough. cf. bm. of an answer to several queries proposed to the people (called quakers) from a (supposed) royallist -- of an objection answered, concerning the kings supremacy -- of an epistle directed to the king, & those that go under the name of royallists -- of certain queries returned to them (called royallists) to answer. eng society of friends -- great britain. divine right of kings. a r (wing b ). civilwar no a visitation and presentation of love unto the king, and those call'd royallists; consisting i. of an answer to several queries proposed to burrough, edward b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a visitation and presentation of love unto the king and those call'd royallists ; consisting i. of an answer to several queries proposed to the people ( called quakers ) from a ( supposed ) royallist . ii. of an objection answered , concerning the kings supremacy . iii. of an epistle directed to the king , & those that go under the name of royallists . iv. of certain queries returned to them ( called royallists ) to answer . london , printed and are to be fold by robert wilson , . an ansvver to divers queries superscribed thus , to the quakers some queries is sent to be answered , that all people may know your spirit , and the temper of it , and your judgment concerning the times and seasons ; and subscribed , let your answer be directed , tradite banc amico regis . as concerning the quakers , that are scornfully so called , we are at this day , and have been ever since we were a people , a poor despised and contemptible people , in the eye of this world , and deep sufferers under the injustice , and cruelties , and oppressions both of rulers teachers and people , and we have been a prey to the wicked , and troden down under the feet of ambitious men , that have been in power in this nation , and have ruled in force and cruelty over us , and this hath been ever since the lord raised us up to be a people , though we have not been offensive to any just law , or government , or to any sort of people , otherwise then that we have given our witness against sin and wickedness in all people ; but we have not been oppressors of others , neither have we envied the persons of any , but in all good conscience have we walked towards all men , doing no otherwise to any , than we would be done unto ; and this is the very law we walk by towards all men , desiring the good of all , and that all may come to repentance and be saved ; and what we are as unto the lord , if i should declare , it could not be believed by many : but we are his people , and he hath chosen us , and he is our god , and we have believed in him , and walked with him in the uprightness of heare , and we have this testimony in our own hearts , if we die it is for him , and if we live it is to him ; and though we have been and may be clouded with the reproaches and persecutions of an uncircumcised generation , yet in the lords season it shall be manifest , even to the world , and to our very enemies , that we are his people and chosen of him , and he in the midst of us , whom we serve and worship in spirit , in truth , and in righteousness , and this shall be manifest in the day of the lord , and in the mean time we are willing to bear , and to suffer all things that is put upon us , for the name of the lords sake . query . whether you , or any of you , that pretend to inspiration and revelation , did foresee , or was it revealed to you , that ever charles stuart should be proclaimed king to reign in england , ever any more ? or , whether or no any of you did believe it , or could have believed it by your great faith which you profess , if it had been told you long ago ? answ. as for the proclaiming of charles stuart king , to reign in england , it was not improbable unto our faith , neither is it contrary unto that which some of us hath seen ; for we know that god respecteth neither persons nor names , but doth give the kingdoms of this world to whomsoever he will : and thus much was said as may be seen in a book , called , good counsel and advice , reiected , ( and divers other papers ) &c. p. . in a letter to oliver cromwell , it is said concerning you that are commonly called cavaliers ; but what and if , for and because of thy wickedness in the sight of god , he should raise them up , and make them instruments in his hand to accomplish his wrath upon thee , even like as he made thee once his instrument to overthrow them , &c. and here the thing was believed to be possible , that the lord might raise you up again for his pleasure , to fulfil his will , because of the wickedness of the army and nation ; and it is now come to pass even as was seen and believed . and also it was expressed in a letter , written in the tenth month , . concerning them that were your enemies , and that were at first raised against you , the very same spirit of pride , and oppression , and idolatry , is entred into them , ( meaning your enemies ) and now lives in them in as high a measure as ever it lived amongst you ; and their iniquities are well nigh finished , and the lord will one way or other correct and reproue them , and they shall be dealt with in like manner as they have dealt with you ; for they were no more than a rod in the hand of the lord for a season , and they must also be broken and cast into the fire , and whether the lord may ever make use of you to reprove them , as he did of them to reprove you , this i determine not ; but leaves it to him who can do whatsoever he will by what instruments he pleaseth : it is true you have made many attempts to be revenged upon them , but you have not hitherto prospered ; but could you be humbled and come into the meek spirit of the lord , then might you prosper , but hitherto the lord hath alwayes defeated you , and bowed you down under a people as unworthy at others , but their time will come to an end : and submit unto the will of the lord in what is come to pass , and seek not vengeance to your selves , and then the lord will avenge your cause for the iniquities of your adversaries are ripe , &c. and charles stuart must either be converted to god , and ruled by him , or else he can never rightly rule for god in this nation ; though this i believe it is not impossible but that he may be a rod upon them that once smote him , and their oppressions and ambitions may receive a check through him , &c. these things were written in a letter to all the people of your part , long before there was any visible appearance , of that which is now come to pass : whereby it doth appear that these things in a great measure were foreseen and prophesied of , and it was believed as a thing very possible , that thus it might be as is already come to pass : and as for visions , they are for an appointed time , there is a time to see , and a time to speak what is seen ; and revealed things belongs to us , and when we declare them then you may take notice of it ; but it was verily believed as a thing possible , that such a thing would be , and also by the proceedings and transactions as they have fallen out , for your very enemies have so acted and proceeded as to destroy themselves , & to bring you in over their heads , though they little intended the thing , yet the effect of their proceedings could hardly prove otherwise than to destroy themselves , and make room for you , and these things i observed ; and also thus far we did fore see and it was revealed to us , and believed by many of us fully , and we did often prophesie it , that the lord god of heaven & earth would destroy and bring down the government , & authority as they have stood in this nation for divers years , and that he would bring iudgment upon the rulers , and upon many of the teachers , & people of this nation , because of their oppressions and unfaithfulness , and treachery , & hypocrisie , & wickedness , which abounded amongst them , which we have felt and seen , and been sensible of ; and we have often given our witness against them , because of their guiltiness in their sinful waies ; oh it hath been loathsome unto the lord , even the oppressions & treacheries of the rulers ! oh how hath cruelty and injustice abounded in their government ! & their hypocrisie hath been evident in our sight in many particulars , & even in that they have cryed against and overthrown king and kingly government , charging them with oppression and cruelty , and pretended to ease the people in a better way of government , when as though governors and names , & titles of government , were changed and altered , yet oppression ceased not , neither was injustice forsaken , nor was the heavy yoakes of great bondage removed : but the rather these things were increased upon many good people in these nations , and herein was the unfaithfulness , and treachery of the rulers very great in the sight of god , and their government unjust and unequal , wherefore the lord hath been provoked against them to confound them , and overturn them , and we have often told it them , and also the hypocrisie and deceits , and sinfulness of teachers , we have seen & testified against , & our witness to them both is and will be found true , and gods justice will be fulfilled upon them both , & these things we have observed , even the heinous guilt of sin against god in both rulers and teachers , & the abominations that have been committed both in civil , and church government ( so called ) also , and many people have loved to have these things so , and we have been sensible how the lord hath been provoked to overthrow the governors of this nation , because hereof ; and this we have foreseen and prophesied of , even that iudgement and confusion would come upon the government , the rulers , and the teachers ; but particularly when and after what manner , judgment & overthrow should come upon them , was left to the lord , who hath brought to pass his own will according to justice , and it may prove to be a just jugdment from the lord , upon the unfaithful and treacherous , and unjust rulers , and teachers , and people which i have mentioned , and the lord may justly avenge himself upon them who have abused his mercies , and not improved his deliverance to his glory , but perverted the end wherefore they were at first raised up , i say the lord may justly be avenged of them by this means , of this mans comingin , and he may be in the hand of the lord a very smiting rod to correct and rebuke , and may be a heavy judgment upon many in this nation , even from that cause , and for that end as before i have expressed . quer. . whether you , or any of you , do adjudge it reasonable and equitable , that he should come & inherit the nations of which he is born the right heir ? or whether or no it is just or unjust to god and men , that he should reign king over these nations ? if you walk & judg by the law of god which is equal , then judge of this whether he hath been kept out this many years , & now is brought in again reasonably & iustly , or unjustly & contrary to reason ▪ answ. that he should come in , is reasonable and equitable , because through the purpose of the lord , his coming in is accomplished , who effecteth nothing but what is equal & reasonable , & there is cause in god sufficient wherefore it should thus be , & there is sufficient cause & reason appearing to us in this matter ; & upon the very account as laid down in my answer to the first query , it is equal as in the lord , that he should be restored who hath been removed & cast out by such as have pretended to govern & rule better than he , but have ruled in oppression & injustice , & not answered the cause wherefore he was cast out ; & that he should come in to be a scourge upon these , this is just , and in this particular doth lie the reason & equity of his coming in to inherit this nation . and as for reigning justly over this nation , that may better be answered when we have had experience of his reign , for if he reign & rule in truth & righteousness , in mercy and in iustice , and by and according to the iust law of god , if thus he reign , then he reigneth justly , & it is just to god and men that he should reign , and this the law of god which is equal , judgeth , by which we walk in all things , & do judge of all things : and as for his being kept out this many years , we do judge that the hand of the lord is in these matters , & they were done & suffered to be done by him , in which he will be glorified , yet , thus far i say , they that have kept him out , in pretence that they would rule better than he , & yet have ruled in oppression & injustice , as much more ( may be ) then he would have done , they have dealed unjustly and contrary to reason , both to him , and much more to the people of these nations , while they have made and had new names and titles of government and governors , but have continued the old oppressions , and not releived the oppressed according to their own vows and promises , which they have broken , and it is but just they should be punished for it ; but if he render not evil for evil , he doth well . quer. . whether or no ye can judge that his reign and government shall be blessed to himself , and these nations , or the contrary ? or whether shall peace or trouble be in the land in his dayes ? and shall his dayes be many , or shall his time be short ; if this be revealed to you let us know ? answ. we do judge that his reign and government may be blessed to himself and these nations , or not blessed ; and peace may be in the land , or trouble in his dayes ; and his time may be long , or it may be short ; according as he walketh in the fear of the lord , or as he walketh wickedly , and according as his reign and government is in righteousness , mercy , and truth , or in oppression and injustice , accordingly do i judge may he be blessed & may have peace , and long dayes , or the contrary , if he walk in the way which brings contrary effects : and we take not upon us to judge any thing before the time , but as thorow time he discovers himself , so we may judge of him , ( for we desire well for him and all men ) that he may so reign and govern as to be a blessing to himself and these nations , that peace may be in his dayes , and his time may be happy : and this we certainly know that there is an eternal god , who is over all , and that can do whatsoever he will , even set up and pull down whomsoever he will , and though his strength now be great , and his number very many , yet there is an eternal god above all , who is mighty to save , and mighty to destroy , and if he please no god in his wayes , and in his reign , but be an oppressor , and walk in evil wayes , we certainly believe he cannot be blessed , nor have peace , nor long time , but the lord may bring to pass the contrary ; for as the scriptures say , it is by him that kings reign , and he makes kings blessed or miserable , the scriptures gives much evidence concerning the good and the bad kings of israel , they that were good men and ruled well , they were blessed and had long dayes , and people were happy under them ; and to the kings that were idolaters and oppressors , and walked in wickedness , and vexed the lord , it was contrary , for the lord cut them off and destroyed them , and delivered the oppressed ; and god is the same now as he was then , as powerful to save the righteous , & as mighty to destroy the wicked , & we rather desire that he may follow the example of the good kings of israel , that the good effects may follow , & that he may not follow the evil example of tyrants & oppressors : but & if he do , the effect and reward will certainly be upon him , and the lord will rebuke him , and this we know by the spirit of the lord . quer. . whither may he justly forgive , or avenge himself , of his and his fathers enemies , and if he do avenge , whether or no can that be called persecution ? and if any or many suffer death , or otherwise on that account because they destroyed his father , & sought to destroy him also ; do such suffer for righteousness & good conscience or no ? if some of you suffer , for that cause shall you have peace with god in it , or is it for the name of christ , as ye often say ? answ. he may justly in the sight of god forgive his , and his fathers enemies , and he will be the more blessed if he do it , for it is a happy thing to forgive enemies , and it is christs doctrine also to forgive enemies , and it would be a good report unto him among his friends , and it would win his enemies , or be a good means towards it , if he do forgive all enemies , and it will be a good beginning of his government to remit offences ; though yet in his heart he may be perswaded , that he and his father have been much injured , yet i say , justly he may forgive all in the sight of god , and also in the sight of men , as many wayes may appear ; even in as much as his father and he , did flie to the sword to determine their controversie in this nation , and the sword went against them , and did determine the controversie even against them ; and that whereby they thought to stand , they did fall , and that which they chused for their defence , did destroy them , and who then shall they blame for that which befel them , seeing the sword destroyed them , * which themselves did chuse & thought thereby to stand , but it determined the controversie against them : and if you cannot own it , as that the hand of the lord went against you in battel , yet you must confess that the fortune of war ( as some call it ) went against you ; and must such now suffer because hereof ? nay they ought not , but may rather be spared by the king ; & in as much as he is restored again without blood or loss of lives , it may be very just for him not to take away any mens lives , but it will be more just to pass by all old things ; and if he have a deliverance , let him turn it into the praise of the lord in holiness , and not into the shedding of blood in the way of a fierce revenge ; and let him leave it to the lord to avenge himself upon such as have been his enemies , and upon such as have cast out king and kingly government , and pretended to a better government , and to govern more righteously , and yet have been oppressors , and not answered their own pretences and engagements , but broken them and acted contrary , by their unfaithfulness and hypocrisie ; and in that doth lie the justness of punishment if it come upon them , and if they be punished with death , or otherwise if they suffer on that account ; i say , because they destroyed kingly government in name and title , and pretended better things , & to govern better , and did not make reformation , but were oppressors , as i have said , suffering for that cause cannot be called persecution , nor is it for good conscience , nor righteousness sake that such do suffer : but none of us can suffer for that cause , as not being guilty thereof , as in the answer to the next querie , i shall have full occasion to shew you ; but and if we suffer in your government , it is for the name of christ , and we shall have peace with god in it ; because nothing can be charged against us in this capacity as we now stand , and in this state into which we are now gathered and changed ; not in any matter of action or rebellion against him nor his father , nor any thing but concerning the law and worship of our god , and the matters of his kingdome , and our pure consciences ; and if upon this account we are made to suffer by him and for this cause , the reward will be sad and heavy upon him , in the day of the lord : and if any that are now amongst us , were any way engaged in the parliament service in the wars , it was not in rebellion against him or his father , as that we sought their destruction as men , but upon sober & reasonable principles , & not for corrupted ends , nor to get honour & riches to our selves , as some others might do , who went in the war for self ends , & continued in action after the cause ( which was once engaged for ) was utterly lost , as we have long seen it ; and that principle which some time led some in action to oppose oppression & seek after reformation , we never have nor shall deny , but that principle is still justified ; though we are now better informed than once we were , for though we do now more than ever oppose oppression , and seek after reformation , yet we do it not in that way of outward warring , & fighting with carnal weapons , & swords ; & you , and the king ought to put a difference ( both in their guilt & suffering ) between such as some time acted in the wars against you , in and upon sober & reasonable principles , & that did not make themselves rich and high in this world thorow your sufferings ; and between such as have acted against you for self ends , and have insulted over you , and have made themselves great and rich in this world , thorow your afflictions and sufferings ; for they who have walked in that way , & are hereof guilty , they havenot acted righteously , nor walked in good conscience ; & if such suffer by you for that cause , it cannot be called persecution , nor is it for the name of christ , nor can such have peace with god : but we being clear from the sin of such , we cannot suffer as such , but if we suffer by you it is persecution , and our sufferings will be upon you . quer. . whether the great afflictions and sufferings sustain'd by him this divers years , from the subjects if his own nation , and the guilt thereof , do lie upon all the subjects in general ? or whether upon any , or some pa●icular sects and sorts of people ? ( many which now are arisen ) and if upon any particular sect and sort , who are such more than others ? distinguish them from others , and clear your selves if you can from the guilt of his sufferings . answ. as for the afflictions and sufferings sustained by him , so far as they were iust and righteous iudgment from god , because of iniquity , can no man be charged with , but that is on gods account , who was pleased to chastise with afflictions and sufferings , and no man can be blamed with injustice for that affliction which cometh from the hand of god , upon whom injustice may not be charged by any one whatsoever ; and so far as his sufferings were unjust , the guilt thereof doth not lie upon all the subjects in general , nor upon every particular sort of people alike , but upon some more than others , and such are easie to be distinguished from others , if it be considered who they are that first raised the war in this nation against the king , and who was it that first preached and prayed up the war , and prosecuted it against his father ? and who is it that cast out the bishops and prelates from their places , and took their revenues and benefices , and are become men as corrupted , as covetous , and self-seeking , as proud and ambitious , as unjust persecutors as ever the men were which they cast out ? and the guilt is partly upon such who cast out others in pretence of refarmation but did it not : and who is it that hath gotten great estates in this nation , and worldly honour , and raised themselves from nothing by the wars , and by your suffering , and became ambitious and insulting over others , though they first began the war in this nation , and pretended great reformation in the civil state , as well as the other had done in church state ? and who get the estates & titles of their enemies , & pretended to free this nation from all oppressions , but have not done it , but have continued the old oppressions , and have been striving among themselves who should rule , and who should be great , but have not ruled for god , nor in iustice and equity , though they first warred against the king , and carryed it on , and removed the king and lords , and that government , and all this in pretence of ruling better , and in a better government , and yet kept not engagements , nor promises made in that case ? upon such is the guilt of the suffering of the king , so far as his sufferings are unjust , even upon hypocrites , who have ●alked in these steps , who as i have said , first made war against the king , and got great estates , and quite forgotten the cause once pretended by them , and now in flattery , cries up king and kingly government again , though this many years they have seemed to be opposite against it ; upon such as these may the guilt aforesaid in measure be charged : and though there are risen many sects and sorts of people since the beginning of the wars , yet in the beginning there was but one sort that were in a capacity to raise and prosecute war against the king ; and upon such there is guilt to be charged in the sight of god , who have foregone their principles , and been deceitful both to god and men : and as for us who are called quakers , we are clear from the guilt of all his sufferings , and in the present capacity wherein we now stand , and under the actings of that spirit which now we are of , we have no part in the guilt of these iniquities ; we have not cast out others , and taken their places of great benefices , neither have we made war with carnal weapons against any , never since we were a people , ( mark ) neither have we broken oaths and engagements , nor promised freedome and deliverance , and for self ends , and earthly riches betrayed , as others have done , what we pretended to ; and in many particulars it doth appear , that we are clear from his sufferings , for we have been a suffering people as well as they , by the same spirit which caused them to suffer , which hath been much more cruel , wicked , and unjust towards us , than it hath been towards them , though our persecution hath been in another manner ; but what they have done against us we can freely forgive them , and we would have you to follow the same example ; and if you could accuse them in many things , so could we ; but this is not a time to accuse one another , but to forgive one another , and so to overcome your enemies , or else you will appear in the same spirit , that so he that condemns them cannot justifie you , though we do condemn as well as you , them that have pretended reformation , and warred against you upon that account : and when they had gotten victory did not reform , but became oppressors themselves , as well as others , and became cruel towards others , that would not say and do as they ; and for this cause the lord hath brought them down , and may justly suffer others to deal with them as they have dealt with others ; yet notwithstanding i must still say , and it is my judgment , that there was very great oppressions and vexations under the government of the late king , and bishops under his power , which the lord was offended with , and many good people oppressed by , for which cause the lord might and did justly raise up some to oppose , and strive against oppressions and injustice , and to intend and press after reformation in all things , and that principle of sincerity which god did raise in many in the beginning of the wars , which in some things acted them forth , and carryed them on in opposing oppressions , and pressing after reformation , this principle i can never deny , but acknowledge to it , though many soon lost it , and became self-seekers , forgetting and foregoing the cause pretended to , having lost sincerity , and became corrupted in their way , and injustice and oppression abounded by them , and because hereof are they condemned in the sight of the lord , and not by me iustified , because they have lost sincerity , and turned the war , and all the proceedings into self-seeking ; and therefore is god provoked against them , though had they continued in their integrity , and had really performed what some time they pretended , and had forsaken all sin , it had not been thus with them , neither had this guilt been upon them , which now they are like to be accountable for : and this is my judgment concerning these things . quer. . whether or no he may justly ( think ye ) and with more safety to himself , and happiness to the kingdoms , tollerate and allow liberty of conscience , ( so called ) to all the many sects and sorts of people , and worshippers that are now in being in these nations ? or whether he may tollerate some and not all ? or whether he may tollerate none , but reduce the government of the church into the way of bishops and prelates , as it was in his fathers dayes ? which of these may he do justly , and with more safety to himself , and happiness to his government and kingdoms ? answ. we do believe he may and ought justly , and with most safety to himself , and happiness to the kingdoms , tollerate and allow free liberty of conscience in all the matters of faith and worship towards god ; for liberty in exercise of conscience , in the matters of gods kingdom , is a very precious thing to the lord , and very dear in his sight , and he is tender of it ; and i do stedfastly believe , he will not bless the rulers of this nation , that shall deny ( to the people of this nation ) and oppose liberty of conscience in the exercise of faith and worship towards god ; for i do know it is not given of god to any earthly king or ruler whatsoever , to exercise lordship over the consciences of people in the matters of faith and worship , and the things pertaining to gods kingdom ; for kings and rulers , are but to rule over men in a nation , in the matters between one man and another , in outward things and worldly affairs ; and therein only men ought to rule in equity over a nation , or city , or country ; and magistracy in this state , and for such an end is gods ordinance appointed of him , for the preserving of peace and good order among men in outward things ; and it is a priviledge of the crown of christs spiritual kingdom , to be lord and ruler over and in mens consciences , in faith and worship , and all the matters of his kingdom , even as and according to his pleasure , and as his spirit leads and guids ; for , and if any man shall assume to prescribe god a way how he must be worshipped , and shall limit his spirit from this , or to the other way of religion , and think to be lord in mens consciences in religious matters , such are but usurpers , and are not well-pleasing to the lord ( in such their way and government ) if they oppress mens consciences , by limiting from , or compelling to any such way of worship or kind of religion ; neither are they ordained to rule among men for that end , not to be king and iudge , and law giver in heavenly and spiritual matters ; and this ought not charles ( the king ) to do : but and if he do it , and will not let christ alone be the head over his church , it cannot be with safety to himself , nor happiness to the kingdoms , nor justly in the sight of god , but it will work contrary effects : and he may and ought to tollerate and allow liberty of conscience in the matters of gods kingdome , to all sorts of people , and worshippers , that are in this nation ; and let him mind gods wisdom , how to keep the nations in peace and good order , in all outward and civil affairs , between man and man , and between one sort of people and another , that none destroy each others persons or estates , nor be oppressors one of another in outward and earthly matters ; and that is the place and priviledge of a just king and ruler upon earth ; and to leave faith and worship , and duty towards god , as every one is perswaded in their own consciences is the right way ; whether they will read the common-prayer , or preach and pray after the order of the directory , or otherwise ; or whether they will meet in silence without words ; and let all these enjoy their way of religion and worship in outward peace , and not kill one another about their religion , worship , church and ministry , nor imprison and persecute one another about these things ; but let them all be preserved as men , living in peace one with another in all outward relations , and yielding subjection to good laws which concerns their outward man , and their peace and well-being as subjects of a nation ; but there ought to be no law of bondage and force , nor violent impositions by any man concerning religion , for the lord alone is sufficient to give prescriptions and laws to his peop●● how he may be served and worshipped ; and this is the way of good government in this nation , that only the outward man in outward things be governed , and all matters of conscience in spiritual things be left unto god , that his spirit may therein only rule and have the preheminence ; and if the king do rule thus , he may be more blessed , and in that this nation hath his word , for liberty of conscience , it is expected ; for because this hath been wanting , ( to wit ) the allowance of liberty of conscience in spiritual matters , because of this , have been much strife and contention , and heart-burnings in the nation , while some sects of people have been tollerated and upheld , and others persecuted for their religion-sake by law ; and this was one of the chief causes wherefore the presbyterians ( so called ) first raised war against the bishops , even because they could not be tollerated , but were persecuted , while the other were guarded and defended by law ; and this was a great cause of enmity , which if the presbyterians ( so called ) could have had liberty and tolleration at that day , for their worship and faith , it is possible the war against the bishops had not so far proceeded ; though when they had gotten victory , they were no less furious towards the bishops to destroy them , than the other had been once against them ; and this arose by reason of persecuting for conscience sake , because all had not liberty in the exercise of spiritual things , which if the king had declared at that day equal liberty to both , in matters of their faith and religion , and yet ruled over both in outward affairs , and had authority over the persons and estates in matters not related to spiritual worship , but left them therein free , and in their religion ; by such means the war might have been stopped , and not proceeded so far as it did , and into such destruction ; and this being now well considered , may be an example to prevent the like hereafter : so that i say , it cannot be for his safety , nor for the good of the kingdoms , to tollerate some sorts of people , and religions , and persecute others , for that will be the very cause of strife among men , it will provoke one sort to destroy another , and it will provoke the lord god against the king and his government , to destroy them both ; therefore to reduce the government of the church into the state , as it stood under the bishops in his fathers dayes , and to prohibit all others that may differ in judgment from that , this is not the way for peace and happiness in these nations , nor the way that will be blessed to the government ; neither can the bishops and prelates justly themselves desire it , that only they and their church-government , should be imposed and tollerated , and all besides prohibited ; for this is not doing to others as they would be done unto ; and i may hope that their suffering this divers years , may have taught them the worth of liberty to themselves , and so , that they will allow to others ( if it be in their power ) the same which they have desired themselves , in their time of suffering ; and they having tasted of some subjection in adversity , they know the better how to behave themselves in time of prosperity ; and they may compare others with their own states , and may judge that others will as much desire liberty , and from as good principles , in their worship and faith , as themselves would have enjoyned it in times past ; and they may have learned to be good to others in that case , for which themselves have suffered , and not cause others to suffer for that thing about wch themselves have suffered : and i do conclude , that he may justly & with more safty & happiness to his government , tollerate and allow liberty of conscience in the exercise of faith and worship towards god , in all spiritual matters , even to al sorts of people in this nation , and let him defend their persons & estates , from the wrong one of another , by wholsome laws ; and let each sort defend themselves in their faith and worship , in their church and ministry , by their soundest arguments , and the best spiritual weapons they have ; and thus should it be blessed to the government : and whatsoever sort or sect of people are not contented with this , that is to say , to allow the same liberty to others in faith and worship , which they do desire themselves , are not worthy themselves to be allowed liberty unto ; and this every reasonable man may judge . quer. . lastly , what is your iudgement ; ( if ye dare declare it ) concerning the times and seasons , and the present motions of them ? and what are your observations of the present proceedings ? are the present times and seasons , and the proceedings , and transfactions in mercy , or in iudgment to the king , and his subjects ? if in mercy , to whom is it mercy ? and if in iudgment who are they to whom these things are so ? if ye be not faint-hearted declare your minds , now in your last daies ( as many think ) for many say , that your ruin is nigh come , and if it be not so , many are deceived ? answ. yes we dare declare our iudgment concerning the times and seasons , for we have received the iudgment of truth in our spirits , and never have been , nor are we afraid to declare the truth , so far as truth is necessary to be declared ; and we say the times and seasons are in the hand of the lord , and the motions of them are very swift , and the lord gives to whom , and takes from whom , ( times and seasons ) as he pleaseth , even as it were in an instant doth the lord give , and change , and alter , times , authorities , and things ; and mortal man ought not to glory in times or seasons as if they were certain and unchangable to him ; for behold the motions of times flyeth away , and seasons removeth their course , and the most confident of men have no certainty thereof , and that because they are in the hand of the lord that turneth them about , and often contrary to mens will and pleasure ; and therefore let every man be good in his time , and fulfill the will of the lord in his season , before time and season be no more , but removed from them . and as for our observations , they are very many of the present proceedings and transactions ; first , we do observe that there is not any thing of all these transactions that are come to pass , but there is a secret hand of the lord god , through them , and in them ; either doing of them , or suffering of them to be done ; and either as the cause by secret purpose , or as the means of their accomplishment ; it is not without him that these things cometh to pass , but his eye & his hand is over them , & that man is only blesed which hath respect unto him in all these things , that he may do or suffer for the lord , and that he may not rebell against him , in what is brought to pass by him . secondly , we observe how that the lord hath given unto many men a day and a time , and tryed them what they would do for him , and whether they would rule in righteousness , and in equity , but many have proved deceitful , and not answered to the lord what he expected from them ; and therefore the lord hath confounded them in their counsels , and suffered them to clash one against another , and made them overthrow one another ; and one self-seeking man hath been the ruin of another ( as bad as himself ) and even many by their own proceedings have prepared a rod and judgment , even for themselves , and through their blindness of heart , which they have been given up to , because of their wickedness , they have destroyed themselves , and given their very enemies advantage over them to afflict them , and this we have observed of present proceedings . thirdly , we observe that there is a rude prophane spirit , highly abounding throughout this nation , that brings forth much bad fruit , as drunkenness and wickedness in a great measure , which may justly provoke the lord to wrath and indignation against the land , if it be not forsaken , though it be lifted up in this wonderful rudeness in a pretence of glorying on the behalf of the king , and his government ; yet it vexeth the lord and it works sorrow in the hearts of many sober people , who are pondering what the end of this government may be , that is thus rude and prophane in its beginning , saying in their hearts , how shall the lord blesse these proceedings , and make the end of them happy , which are thus void of the fear of god in the first part of them ; and if a stop be not put and a limitation upon the spirit , it will provoke the lord to work sudden destruction , and overthrown the nation . fourthly , we observe , that many hypocrites and dubble minded men , are afraid , and terror hath surprized them , who have taken the profession of such or such a religion , on them for a cloak , and hath been in the shew of righteousness for earthly ends , such are afraid , and their ends are frustrated , and they are turned into confussion , and a prophane spirit abounding over their hypocrisie , and such will deny their principles and their faith , and will fawn & slatter to save themselves , & this is abominable ; but men that have been and are upright and sincere towars god in their way , they are not afraid , but are confident in the lord , and are given up in his will , whether to do or suffer for his names-sake , and they have no terror upon them because of any guilt , because they have been upright , in that way which they were perswaded to be right , and such lives in a patient and quiet life , and are contented whatsoever comes to pass , because they have the witness , that they have not followed their religion for self ends , nor taken the name of righteousness for a cloak as many others have , upon whom this overturning falls very heavy : and these things with many more the like , we do observe from the present transfactions , which are fallen out in mercy to some , and in iudgment to others , even a iudgment upon all that do not fear the lord , but walk in wickedness , and that have been hypocrites , and hard-hearted , and cruel , and to all that doth not repent of their sins , these things , and the end of them , are , and shall be great iudgments , and shall be turned into bitterness , even their joy , and rejoycing , into howling , and great lamentation , this shall be the end unto all the ungodly : but unto all that fear the lord and departs from iniquity , even unto such the end of all these things shall be good , even mercy , and peace , and their sorrow shall be turned into joy . and as for us , we are not faint-hearted , though it be supposed that we are in our last dayes , and as though our ruin were nigh to come , but we believe other wise , for we have clearness of conscience towards god and all men , and walks in faith and patience , and knowing this assuredly , that if we be persecuted and afflicted in person or estate by you that now are in power , yet it is for righteousness sake , and for the lords sake , and not for the guilt of any rebellion against you , that you have or ever can have to charge upon us , for we cannot befound in these things for we can neither secretly flatter to make peace with you , neither can we openly rebell against you , or resist you ; but as our right from god and you , we claime the liberty of the exercise of our consciences , in the matters of faith and a holy life towards god , that we may mind the things of gods kingdome , and may so walk and worship , as to have peace with god in our consciences , that no burden of sin and iniquity may lye upon us , but that we may live and dye in peace with god , this is all we claime of you ; but and if you will not allow it us , but will persecute us , and seek to destroy us only for our conscience-sake , and because of our faith and religion , if you do make and execute laws against us , in opposition to the law of our god , that you may take an occasion against us to destroy us because thereof , then innocent blood and cruel suffering will be upon you , and the weight of it will sink you into confussion , when your measure is full ; and if you should destroy these vessels , yet our principles you can never extinguish , but they will live for ever , and enter into other bodies to live , and speak , and act through other vessels , for our principles are standing and unchangeable through ages , and generations , and may be clouded but can never be extinguished , for every man hath a light in his conscience which christ hath inlightened them withal ; which light reproves men for sin and with it they know they should not lie , nor swear , nor be drunk , nor deal doubbly , nor walk in any sin : but and if they do these things , and live contrary to the light in their own consciences , then they deny christ and are unbelievers , and they are condemned , and have trouble in their consciences ; but if men do own that light in their consciences which doth reprove them for sin , then it leads them to repentance , and to the forsaking of all sin , and they cease from all iniquity , and receive iesus christ and his blood to cleanse them . and the light of the spirit of god leads them into all truth , to do , and speak the truth in all things , and then he hath peace with god in his conscience : and these are some of our principles , which can never be subdued by all the powers of the earth , though the vessels which now retain these were out off , yet these principles are unchangeable in themselves , and can never be extinguished ; so that this our religion cannot come to ruin , but they that think so , they are indeed deceived , and whosoever shall seek to destroy that which gods purpose is to exalt , woe shall be unto them ; and as they purpose towards others so shall it come upon them , from the lord in his day and season . and thus i have answered the queries directed to the quakers , and subscribed , tradite hanc amico regis , and i do desire that the friend of the king , and all his friends , and he himself , may receive and road over these my answers , and may consider them in coolness and moderation , for they may be to their edification if they be sober minded . i am a friend unto all men as men and creatures , and a lover of all souls , and am in principles and practises one of them scornfully called , a quaker . e. b. an objection answered , concerning the kings supremacy . and whereas it is objected by some , whether or not we will be obedient subjects , accepting of him as our lawful king , and own his supremacy , and will obey him willingly or unwillingly , and be subjects in conscience , or against our consciences ? answ. it is our principle , and hath ever been our practise , to be obedient subjects to whatsoever power or authority of man , or men , as have been in being over us , either by doing and fulfilling their just commands , or by suffering under their commands which have been unjust , and thus we are perswaded and resolved in the lord to continue , even to be obedient to the commands of men in authority , which are just and according to our consciences ; but and if any thing or matter be required of us , and imposed upon us , which is contrary to the law of god and our consciences , that we must fulfill by suffering whatsoever is put upon us by him ; or any under him ; and so we own him and accept him , as knowing and believing that he is set to rule in this nation , not without , but by , and according to the purpose of the lord , and that he hath secretly purposed and suffered the accomplishing of these things ; and thus we account that he is cheif magistrate , because these things are effected through the lords power , who doth whatsoever he will , and we do own that he is set and proclaimed to be the head and supream over this nation , in civil & outward affaires and matters , and in those things that are related to the outward man ; & all his commands which are just we can willingly be subject unto , even in conscience , and all his commands which are otherwise , we are willingly and in our consciences contented in patience to bear what men shall put upon us ; and thus we do accept of the king and his government , as he , & it , are according to god , and answerable unto him , if it be so , we are willingly and in conscience accepting thereof , and shall be obedient subjects thereunto ; but if it be otherwise , that is to say , if he rule in tyranny and oppression , and his government be unjust and unrighteous , and contrary to god , then we must give our witness against him , and it ; yet not so , as by outward opposition , and rebellion , to seek the overthrow of him or the government by carnal weapons ; but shall patiently bear , and that for conscience sake , all that cruelty or injustice , and suffering , which can be imposed upon us : and as for owning his supremacy , if it be meant his supremacy over the church , as if he were head of the church , and were supream law-giver and iudge , and king in church-state , as to give and prescribe laws for worship and faith , and to pass all judgement in matters that are spiritual , and appertaining to conscience , & about the things of the kingdome of god ; if by his supremacy this be meant , and intended thus , we cannot own his supremacy but must deny it , and we do ascribe supremacy only to iesus christ , in , and concerning all these things mentioned , and that he alone is iudge , and king , and law-giver in all the matters concerning his own spiritual king dome , and he must prescribe for us faith and worship , and must be the only iudge in all cases of conscience and spiritual matters , and not charles stuart king of england , &c. nor any other man upon the earth ; for let it not be understood that we deny his supremacy in opposition to the pope of rome , as if we should own the popes supremacy over the church , for that we do not , nor any man upon the earth , as i have said , but only iesus christ is principal in that relation , and to him we give the dominion in all the cases of his own kingdom ; but if owning his supremacy it be intended , whether we will own him to be head and ruler , as in the affairs of this nation , pertaining to mens persons and estates , without any relation to the worship of god , or matters of conscience , so we own him as i have before mentioned , and must be subject for conscience-sake in fulfilling all his commands whatsoever , either by doing or suffering ; and this is our principle which we are perswaded in , and resolved herein to continue and abide . e. b. to charles stuart , who is proclaimed king , and to all you that are called and known by the name of royal party & cavaleirs , and who have suffered in your cause , & for your principle . friends , the lord god who is greater than all , that doth whatsoever he will , hath given you a day , and you are raised up again out of your suffering state ; oh that you would consider the end of it , and wherefore the lord hath done , and suffered it to be done ; and that you would make right use and improvement unto god and this nation , of this your deliverance and promotion ; for certainly there hath been an absolute purpose in the counsel of the lord , that these things should be thus , and his hand hath even suffered it to be accomplished , even in a strange and marvellous way , through the confounding of your enemies , and giving of them up to the folly of their own hearts in their councils , that they should destroy themselves , and bring in you over their heads , and make you a mountain , and break down their mountain , and make it as a low valley ; and certainly these things are in the iustice of the lords hand , and it will be well for you if you can consider it , and acknowledge it : you have been a suffering people it is true , for these divers years , and orignally your suffering was partly just as from the lord , for there was a great measure of iniquity and oppression fulfilled in this nation , on the part of kings , and your sins were great against god ; wherefore the lord was iust in bringing affliction and tribulation upon you , to humble you , and he might iustly raise up others to reprove you , and to subdue you before them for a season ; and thus far even because of your iniquities which were great in the sight of god , your sufferings and afflictions were iust : but as for those that the lord made use of in the execution of your afflictions ; they are not justified in all what they did towards you , but they went beyond ( in violence and cruelty upon you ) what the lord called them unto ; and thereby they brought a great measure of guilt of injustice and cruelty upon their own consciences , in proceeding towards you beyond iustice and equity : though some of them might be more sincere and upright in the beginning of these things , when they began to war against you ; yet it too well appears that many of them soon lost the iust cause , and began to have respect to your estates and titles of honour , more than to free the nation from oppressions and vexations , though they pretended much thereunto , yet so it was that they became fouly corrupted in their way ; and though they subdued you , yet did they not free the nation , but became oppressors themselves no less than others before them , and they possessed your riches , and titles , ( yea and in great measure unjustly ) and then were exalted in ambition and vain-glory , and began to strive amongst themselves who should be the greatest , and set up this , and the other , and some cryed one way of government , and others another , and they pulled down and set up as they would , and cast down and exalted whom they would ; and thus they continued for some years , rowling up and down in confusion , and yet the nation under very great oppression and vexations , each one crying his burthen was the greatest , while they were exalted in their pride and riches , and lived at ease , notremembring the end wherefore they were first raised , nor keeping to sincere principles , but caused them to suffer deeply that were faithful to the lord , and walked with him in sincerity ; and all this while you were as asleep , and not thought upon by them , as if ever you should call them to an account ; but they thought that their strength was great , and their number many , and therein they gloryed having no true respect unto the lord ; and because hereof the lord justly confounded them in their counsels , when their measure was full , and made them weak as water ; and you are now justly raised up to reprove and correct them , even those , that have abused gods mercies to them , and that have forgotten god and sought to exalt themselves for ever , and had no respect unto the lord and his people ; though these things are not said of them , to upbraid them , nor to kindle your fury against them , to add misory upon their affliction , but they have already been told of their treachery , and what would come to pass ; and oh that they could now humble themselves before the lord , and confess to the iustice of this their affliction ; they might yet partake of his mercy , through great iudgments . and as for you , oh that you would consider these things , and by whose purpose you are restored , and from what cause , and for what end it is accomplished ! oh that you would mind what your work now is , and that you would not exceed your permission ! for you are raised up for an end , and there is a work for you to do , oh that you could do it with respect unto the lord , it should be the better for you ; oh those men that have long sate as princes in this nation , and pretended , and vowed , and promised reformation in church and state , but they have not done it as they ought , but as great oppressions and injustice , as great superstitions and idolatries , both in church and state , were continued and carried on in their dayes , as in dayes before them ; oh how abominable have these things been ! ( multitude of words might demonstrate ) but now their reproof and iudgment is come , and their fall is just upon them ; who should pitty them , or mourn for them , seeing they have deserved all this and much more which has yet happened unto them ? as some of them may confess ; and those things ( their treachery , unfaithfulness , & oppressions i mean ) must needs be avenged one way or another : how often hath it been foretold them , yea it hath been often said unto them , that god would bring them down and destroy their power ? they have been told that these things were not right , neither could they escape unavenged , and it new appears as if the day were come ; and if you must be their executioners , and must execute the wrath upon them , who shall prevent you ; or say unto you , stay your hand ? or rather who of them that sees these things , shall not be patient while you take vengeance for ths lords sake , and for the sake of his people , whom they have long vexed and opppessed ? nay , who of the lords people shall not say , let the lords will be done , and his iustice executed upon his enemies ? if this be your work that you are called to , must it not go on till it be finished ? they have been hard-hearted , and oppressors towards others ; and by a hard-hearted people , may not the lord justly deal with them , and be a plague unto them in that very manner , that they have sinned against him ? for this is usual with the lord , even to destroy oppressors by the wickedness of others , and often he rebukes the sin of a people , by a people as bad as themselves ; he may justly give unto men from the hands of others , what they love in their own hearts ; and even as those men have loved pride and ambition over others , and oppression and hard-heartedness towards others ; even so , and much more may justly be done unto them , and that according to the will of the lord ; and if this be your work designed you by the eternal hand , who shall prevent you ? but yet , oh that you would consider , and that you would have some respect unto the lord , lest you out-go the end of your restoration : you would indeed be happy , if you could forgive your enemies , if you could reward them good for their evil ; and you would be happy if you could not exceed the measure of your permission ; be not too hard-hearted towards them but shew mercy : and oh you must take heed lest you cause the righteous to suffer with the wicked , and that you cause not the innocent to groan and mourn in your execution of gods purpose upon the ungodly , you must be a ware lest while you punish offenders , you smite not them that are free ; oh that you had hearts this to understand , and that you could walk in the path of fulfilling gods pleasure , and not go further , ( i mean ) though you may be raised to be a plague upon hypocrites , and disobedient and treacherous men , and to avenge gods cause and his peoples ; but you are not raised to be oppressors of the lords people , nor to destroy his heritage , this is not your work ; god hath not called you to destroy and persecute them that fear his name , and tremble at his word , though you have power to be avenged on your enemies : and oh that your hearts could understand this , that you might distinguish in your proceedings , between executing of iustice upon transgressors , & persecution for conscience-sake ; the one you have to do , but the other is forbidden you of the lord , and you ought not to do it ; for if you persecute any for good conscience-sake , or because they are of such and such an assembly of people , and worships in such a way ; if you inflict tribulation upon any because hereof , or because they are such or such in their profession and religion , then you persecute for conscience-sake , and you go beyond the end , and by the path for which you were raised ; and if you turn your hand and power to persecute for good conscience-sake , then you divert the end and purpose of this your restoration , and the lord will require it of you , if that you go beyond his permission and assignment , and go beyond his pleasure in persecuting his people , and so turn your power to a wrong use and end ; o then the lord shall suddenly confound you , and he will find out instruments that shall fulfil his wrath , and iustice upon you , as he hath found you fit to execute wrath upon others ; and therefore do not , o do not persecute any for conscience-sake , if you have nothing against them but concerning their faith and worship , and their religion , do not lay your hand upon them , nor let them be touched ; for if you do , the lord will take it as a heinous offence against him , and in this life , or hereafter , he will plague you for it , and you shall not escape unpunished : and therefore i say once more to you , as the advice of your friend , let no man be persecuted for his faith , and for his religion-sake , but make a distinction between inflicting wrath upon offenders that have been hypocritical and deceitful , and that have made themselves rich through the ruins of others , and that will how to any thing , or any kind of worship for their own ends ; and between such who have a principle and do stand by it , and are humble and acted in the principles of sincerity , and follows that way of religion which they suppose and are perswaded is the best , and the rightest ; all such ought to have their liberty under you in their profession , and faith , and worship , and ought not to be persecuted while they live peaceably as men with one another , and towards all men ; and the god of heaven requires it of you , and your standing , or your fall , the blessing or the curse unto you , depends hereupon ; and this you shall find to be true unto you in the day of gods righteous iudgments : o therefore be not stout against the lord , but fear and tremble before him ; let his dread be upon your spirits , and do not offend him , nor provoke him against you and this nation , lest he tear you to pieces , and number you for destruction , lest he overturn you suddenly , and deface your glory in its morning : oh how happy would you be if you would regard the lord and reverence him , and take him before you , and not go beyond in any thing what his purpose and pleasure is , who hath given you this one day to try you , if so be that any of you shall learn his fear and turn from your iniquities , that you may be blessed and not confounded ; oh therefore consider what the will and purpose of the lord is towards you , and wherefore you are raised up , and may fulfil his purpose , and not your own : oh then this day should be made happy unto you ; but the contrary works , i mean , if you do oppress , and persecute , and seek to destroy his heritage , and rule in oppression and tyranny , then the god of heaven shall cut your day short , and diliverance he will bring to this poor nation without you , and even contrary to you , and his hand shall be turned upon you , and your mountain though never so great , and high , shall be laid low , and an infant of the heavenly birth shall leap over it , and shall say , where is that lofty babel that exalted it self ag●●●● my god ? and as for us , we are a very poor , contemned and despised people , even since we were a people unto this very day , and have nothing at this present , nor heretofore to glory in from any power that hath ruled ; but the power , spirit , and presence of god in our tribulations , afflictions , persecutions and unjust sufferings , these things have been our portion , even from all ; all have troden upon us in contempt and scorn , and accounted us as sheep for the slaughter , and we have not to glory in , any government that hath been since we were a people ; we cannot justifie one or another , but we say they have all been oppressors , and we have groaned with deep sighs unto the lord under the burden of their unrighteous dealing ; and herein we assent with you , if you say they have been unjust men , we say the same ; and if you say their government hath been oppression and unequal , we say the same ; if you say you have suffered cruelty and unrighteously by them , we say the same ; if you lay they have ruled by will and forci , more then by law and equity , we verifie the same ; and if you can say you have suffered afflictions and tribulation by them , so have we in another manner , and far more unjustly : wherefore we cannot justifie them , nor will not plead for them in opposition to you ; but we partly beleive we may receive as much equity and good reason from some of you , as we did from some of them ; and thus we have been a suffering people even without cause : and at this day we are threatned by the rage of men as if we should be cut off and destroyed ; but we regard not those things , but do respect the lord , whom we fear and worship in our hearts ; and if we outwardly perish among them that may perish , yet it is for righteousness sake , and because of the matters of gods kingdom , which we hold ; and if you do destroy us for this cause we are clear , and innocent blood will be upon you , and the guilt thereof will sink you into misery here , or hereafter . oh take heed and desilenot your selves , nor load your consciences with our guiltless sufferings as many others have done before you , even to their ruin and wofull destruction ; you are yet in a great measure clear from our oppressions ; we have not much iniquity yet to charge upon you in our cause of afflictions : oh it will be well for you if you keep your selves clear , the less will be your iudgement , and the better success will you have in your cause ; for friends , the weight of innocent blood it hath a loud cry , and god will hear it ; and if you burthen yourselves with it , it will soon overweigh you , therefore keep clear , and condemn them by your practises , that have said they would not persecute for good conscience sake , but have done it , even contrary to all pretences and engagements ; and if you who professe not so much in words towards that thing , would do it , how should your practise condemn their hypocrisie in the sight of god , men , and angels ? but however i warn you , and do leave it at your door ; and do say unto you , persecution for conscience sake , is the crying sin , which drawes down vengeance upon kings and governments , be you warned through the fall of others least confusion come upon you , as it hath come upon many others for that cause ; and be not too confident in your way , nor too furious against your enemies , but remember your breath is in your nostrils , and he that gave it you , can soon take it away . and as for you , we have no enmity towards any of you , nor do we sick the hurt of your persons , nor can we rise up in rebellion against you , or seek your destruction by craft or policy , neither indeed can we seek covenant or league with you by flattery ; it is true you are yell in authority over us outwardly , and as you are so , we shall ●d subjection to you in any of your just commands ; and in all things it is our principle to obey you , either by doing or suffering ; yet we cannot bow , nor fawn nor flatter , nor deny our principle , nor our religion of which we are perswaded by the spirit of god in our consciences , that it is right and according to god ; but i say , we cannot revoke our principle , neither for advantage to our selves , nor yet to save our lives ; you must find us constant , & not changeable as others are , who turn every way for their own advantage , and ery up this or the other , and pray and fight on the behalf of any thing which may make for their advantage , but god is grieved with such spirits ; yet we are otherwise minded , and must only own your government and authority as it is just and brings forth righteousness , so we can own it , and bow before it ; but as otherwise , if it be unjust and oppression , we must patiently suffer under it , whatsoever you have power to do ; and this is all the peace we can make with you , or the engagement that we can bind our selves in towards you , though we cannot but own that this day is given you , either in mercy or in judgement to you , yea , and we cannot but own that you may be gods executioners ; yea , what if we say , that you may be raised up to avenge our cause upon our oppressors , though still we must bear witness against that wicked , loose , prophane spirit , that lives and abounds in some of you , and among you , and workes unrighteousness even to the dishonour of god , throughout this nation ; this spirit we bear witness against that it is evil , and brings forth bad effects in every city , and town , throughout the land , whereby the lord is provoked against you , and this nation in an high measure ; oh that you would consider of it while there is time to be corrected and amended ! before it have brought forth unpardonable iniquities , which it hastens to fulfill , and draws down wickedness as with cords ; oh the excessiveness in drinking and other vanities ! oh what destroying of the good creatures ! it greives the hearts of the righteous , and vexeth the sober minded to consider it ; and also their is a great deal of hipocrisie and deceitfull-heartedness amongst many : i have considered this thing , and it is a vexation to the lord , and cannot but be detestable to you ; even in that many contrary to their principles , engagements , and promises , covenants , do now cry you up for to save themselves , their lives and estates , who have been deeply engaged against you publiquely and privately , and yet now in hypocrisie are fallen in with you ; such their proceedings are loathsome to god , and your present cause is no better because of such ; though as for some of you that have stood to your principle , and suffered for it this long while , in your state , you are more honourable and rather justified . oh , let the king fear and reverence the eternal god , knowing he is but mortal man , and his breath in his nostrils , and let him keep himself clear from persecution for conscience-sake , for that will destroy kings and governments who are guilty thereof ; and let him be meek and sober , and take the lord before him in all his proceedings , or else he cannot prosper ; his day , and time is now present , that gods purpose is to try him , if he rule in righteousness and truth , in equity and iustice , he may be blessed ; but if otherwise he govern , and walk not in reverence to the lord and spare his people ; the god of heaven shall rebuke him , and deliver his people another way . consider of these things in a sober mind , read them over in meekness . this was written about the middle of the d. month called may . from a lover of your souls , edw. burrough . a few queries i do return to you , for you to consider and answer , relating to the present affairs and proceedings in this nation , even to all you , that are called and known by the name of royallists and cavaliers , that are really so , and have suffered for that cause . query . to what do you attribute the first cause of the advancement of this present government ? and whether or no ye believe , that there was any thing of the purpose and hand of the lord , by intending and bringing these things about , without expectation by you , and contrary to the great strength of your enemies , who are suddenly of a great and high mountain , made a low valley ; and you of a low and troden down valley , suddenly raised up into a great mountain ? and to what do you attribute this changing and overturning of power , and authority , and rulers , even them that have been as princes and potentates , to be rebels ; and them that have been accounted as rebels and traitors , to be rulers and governours ; i say , to what do you attribute these things , on their first cause , whether to the pollicy of some , or to accident . or to good fortune ( as some call it ? ) or whether you believe in your consciences , that the lord god by his secret power hath purposed and suffered the effecting and accomplishing of these things ? quer. . and if you believe that there is any thing of the band and purpose of the lord , in doing , or suffering these transactions ; then wherefore , and for what cause do you believe hath he done these things ? is it because you are more righteous in the sight of god than they who are cast out before you ; and because he loveth you , and hateth them ? or whether it is not because they have proved treacherous and deceitful , and not answered unto the lord what he requireth of them , but sought themselves , and forgot the lord , and took your estates and titles of honour upon them , and pretended a better government , and to govern better than that way of monarchical government , but did not , but were oppressors even as others before them ? and is not this the iust cause , wherefore the lord hath suffered these overturnings ? may not we justly ( that are neither of you ) attribute this to be the very cause , wherefore the lord hath brought them down , and raised up you over them ; whereas if they had repented of their sins , and been faithful to what the lord required of them , and what themselves pretended to , and had indeed governed iustly and righteously , and freed the oppressed , and answered unto the lord in an equal government according to his law ? whether may it not be believed , that these things had never thus been brought to pass ? quer. . whether or no you believe that there is a god so mighty in power , and so wise in counsel and purpose , that can turn , and overturn you and your power , and lay you low even as others ; and raise up others who are now as low as you hàve been for divers years , whether you believe that there is a god , that by his power can effect such a thing , and accomplish it in his wisdom ? and whether do you not believe in your consciences , that he will do it , if you do not please him and fear his name , and forsake allwickedness ; and if you be oppressors and cruel-heated as others have been , and do not rule in righteousuoss and equity ? and whether you believe not , that the lord doth watch over you , with his eye that sees you , and marks all your wayes ? whether do you consider , that the lord looks for good fruit from you , and that you should free the land from oppression ? which if you answer not the will of the lord in what he requires , whether do not you believe , that he is so wise in counsel , and mighty in power , that he can and will , whether by means , or without means , overturn and confound you and your government ? quer. . whether you believe in your consciences , and do acknowledge unto god , that there was any thing of his iustice in your late sufferings for these divers years ? or whether all of them , or no part of that suffering , which hath been upon you , were any whit iust as from the lord ? and whether there was not a great measure of iniquity filled up in monarchical government ; and a great measure of oppression upon the poor people of this nation , by their lords and great men ? and whether this rebuke and reproof that you have had in this measure of suffering that hath been upon you , was not in some measure iust as from the lord ; that you might be humbled before him ; though it is by me acknowledged that your enemies ( these i mean ) who are now cast out before you ; brought great guilt upon themselves , in executing wrath upon you , in that , and because they proceeded further , and into more bitterness , and cruelty towards you , then they had either commission or authority from god ; but whether there was not a iustice as from the lord in that which partly befel you ? and was not his hand many times against you in battel , though number nor valour was not wanting on your part , yet are not you sensible how by a secret hand you were often defeated , and victory given to your enemies , though the less in number ? and were not these things in the iustice of the lords hand ? whether do you not believe it , and acknowledge it ? quer. . whether or no you do intend any reformation from old oppressions ? or whether you intend to tread in the very steps and to walk in the very path in every particular of government , as it stood & was carryed on in the beginning of charles the first his dayes ? and whether you ought not in the sight of god and before him , to consider how to relieve the oppressed , and break off all cruel bonds of injustice , & how a government may be set up , which may be answerable to the lord , & not unto your own and other corrupted mens ends ? but if you shall do so , whether do you answer the end or deny the end , wherefore the lord hath thus dealt with you , in giving of you this day unexpected , and contrary to all your enemies ? and whether do you not believe , that god hath set you between good and evil , between right and wrong , between doing of his will and the will of the devil , in the doing and fullfilling one or the other by you , whether doth not depend happiness and blessedness upon you ; or the woe and the curse , your standing or your fall , your renown or your dishonour perpetually ? quer. . whether or no you do not believe in your consciences , that the prosperity , and continuance , and happiness of this your government to your selves , the king , and kingdomes ; or the unhappiness , overthrow , misery , and confusion of the government it self , the king and these nations , doth not stand and wholly depend upon the government and authority , as it proceedeth in iustice , righteousness and equity , or as it is , and proceedeth contrary , and is injustice , oppression , and unrighteousness ? and if therein it stand , whether do you believe in your consciences that god shall bless it , and prosper it ; or he shall destroy it , and confound it ? for is not the hand of the lord stretched forth in mercy , or in iudgment accordingly as men walketh in his fear , or without his fear ? and whether if your cause be iust in it self , yet if-you walk in unrighteousness , and ungodliness , and oppression , and cruelty , whether may not you thereby destroy your cause and loose it , and provoke the lord to anger against you , and your cause , to confound you , and destroy you ? and whether you do seriously consider of this ? and is it not your duty so to do ? and ought you not to endeavour to stop this flood of wickedness that is broken out ? which if it it be not stopped may provoke god against you , to overthrow your proceedings . quer. . what is the very end of rule and government outward in this world ? and for what cause did god at the first ordain it ? whether upon this , or not , really consider ; was it not that evil doers might be punished ; and them that did well , might be praised ? and was not the outward law added because of transgrssion , and to punish transgressors ; but for the preserving of the peaceable and meek , who walked in the law of god ; and when the people had forgotten god , and his law in their hearts , and his power that executed iudgment and meroy ; was it not then that the law outward was added , and committed into the hands of men to execute upon such as regarded not the law of god in their hearts ? and is not this the very end of rule and government , and magistracy , at this very day ? whether ought it to be extended further than only over and concerning the affairs of the outward man , to keep that in good order , not to be a load and burthen , and vexation , and bondage upon a nation and people ; but to suppress that which would load and burthen , and oppress the creation and people , that all men may be preserved in their just right , and not vex and oppress one anothers persons and estates ? and if your government be not from this ground and for this very end , shall it ever be blessed and happy , either to the governors or governed ? quer. . what do you believe of , and concerning liberty of conscience , in all matters appertaining to the kingdome of god ? whether ought not you to give that liberty in your government , that every man and all sorts of people may believe in god , and worship god according as he or they shall suppose and be perswaded in his or their consciences ; provided still , that he and they annoy not , or oppress his or their neighbors person or estate ? for if he or they do that , then he and they go out of the true faith , and breaks the law of god ; and the outward law is to take hold of him and them : but whether it is not a just right , and may justly be allowed from you , to all the people of this nation , to live under what ministry , and under what worship , and to go to what assemblies , as they shall suppose or be perswaded in their consciences is the best and rightest ? and whether or no it be not gods proper right alone to be ruler and lord over mens consciences , and that he alone should prescribe , instruct , and teach faith , worship , and duty , in all things in the matters of his own kingdome ? and whether god hath committed that power and authority , ever since the dayes of christ , to any emperor , king , or other ruler whatsoever , to be lord , and to exercise lordship , in , and over mens consciences in the matters appertaining to gods kingdome ? and whether it is not gods only and alone peculiar priviledge to be lord there ; and not any man to impose one upon another in spiritual matters ? and whether you your selves would be imposed upon in such case ? ( that is ) whether you would have such a church-government and ministry , imposed upon you , upon such or such a penalty , which you know , or believe , or suppose is not right , nor according to god , nor suiting with your own consciences ? and then how can you with good conscience in the sight of god , impose upon others , whenas your selves would not be imposed upon in such a case ? quer. . whether or no , if that you cause any to suffer loss , or be afflicted in person , or estate , for and because of their conscience sake ( that is ) because they are of such a faith , and of such a worship , and of such a principle in religious matters , though different from others and from you ; yet if they walk honestly , and soberly , and peaceably as men , and not plotting and contriving any mischief in the nation : i say , if you cause any such to suffer upon that account , while you can charge nothing against them , but matters of faith and iudgment , and opinion in spiritual things ; again i say , whether or no such suffering is not absolute persecution , ( and innocent on his or their part that so suffereth any injustice , cruelty , tyranny , and oppression ) on your part that doth inflict ? and will not the lord require it of you , if you bring innocent blood , and cruel sufferings upon your selves ? and is not that innocent blood which is spilt , and unjust , and cruel sufferings which is inflicted upon a man or a people , for his and their conscience , and religions-sake , when no matter of wrong or evil dealing amongst men , and in that relation , is , or can be charged upon them ? and whether do you not believe , that god will avenge such a suffering , which is for conscience sake , upon the heads of the causers and inflictors of it in his day and season ? quer. . whether or no you have not so much reason and conscience in you , as will give you to descern , and cause you to put a difference between such , who have acted and been zealous against you , from corrupt principles of self-seeking , and have raised themselves into worldly honour , and great estates through your suffering and losses , and have lorded it over you in ambition ; though now such may bow under you , and fawn upon you ? i say ; whether will you not , or whether ought you not , to put a difference both in respect of guiltiness in your cause of suffering , and in respect of your dealing towards them in reward , and between such as have formerly acted against you , upon sober , reasonable principles , and have not raised themselves to honour and great riches , not by your afflictions , but ceased to act against you , when they perceived the wickedness , and injustice , and evil proceedings of your enemies ? ( and many such there are ) and whether or no you have not so much reason and equity in your consciences , as to put a difference between such in your proceedings towards them ? quer. . what is the truest honour that can be given to the king , and his government ; and wherein , and in what kind of words , and actions , and practises , doth true honour consist ? and whether or no you do believe in your consciences , that these kind of practises , as drinking healths , and bonfires , and this exceeding lewdness , and wickedness brought forth in the nation , by way of rejoycing for the king , and his government , be true honour , and rightly honourable proceedings , and practises , to him and his government ? or whether these things and wayes be not wofully dishonourable unto you and him , and this whole nation : and the cause wherefore the wrath of god may justly come upon the whole nation it self ; if these things be not speedily repented of , and forsaken ? and whether the life and practise , and subjection of an upright qvaker ( so called ) whose principle is to obey all just commands , and patiently to suffer under all that which is unjust , and that lives in meekness , and fear , and soberness , and love towards all men ; whether or no such men , and such practises , are not more honourable , and blessed in the sight of god and men , than this kind of rudeness and wickedness , singning , and drunkenness , ringing , and swearing , and 〈◊〉 ribbins and feathers about themselves , and their horses , and many other things which are said to be done in honour to the king and his government ? but whether there be not a principle in your consciences , which dothrather condemn your selves , ●han iustifie you for these things , and rather iustifies a sober life , and is not that more blessed ? quer. . whether or no all that cry you up , and your government , do it really , and out of good conscience , and from principles of sincerity ? or whether they are turned to you in feignedness , and hypocrisie , and to save their heads and estates , which some of them have gotten , even such as have been your enemies , and preached , and prayed , and fought against you , and now cryes you up , and prayes for you ; but whether can you trust that these will be faithful to you , that thus denies their former wayes , and religion , and worship ? and whether thus to deny their principles , their faith , their religion , their former oaths , and engagements , is commendable , and iustifiable in the sight of god and you ? or whether a quaker ( so called ) that will stand to his principles , and not deny his faith , nor religion , though he suffer for it , nor will bow and bend in hypocrisie under every sort of men , is not more iustifiable and commendable in the sight of god and your consciences also ? i say , do they not condemn these hypocrites , that have fought against you , and prayed against you , and yet now bowes under you with deceitful hearts in the time of their danger ? quer. . whether or no you do not believe , and know in your consciences , that the quakers ( so called ) are a sober , innocent , and harmless people , and of an upright conversation , dealing justly towards all , and such as doth not envy the persons of any , not plot and project mischeif towards you or any ? and whether if you should proceed to persecute , and seek to destroy such a people , concerning whom you have such a witness in your consciences , iustifying them as aforesaid , would not be greatly unjust in the sight of god , and the very cause , to provoke god to destroy you , and your proceedings , if so be that you persecutethem for their conscience sake , while they live soberly and uprightly as men , and injureth no mans person or estate by their religion ? quer. . whether or no you do not believe , or may not have just cause to believe , that your present proceedings are not , and may not prove to be the very natural cause of outward , visible , external iudgements upon you and the nation , even iudgments of pestilence and famine ? and do not you proceed in the very path hereof ? is not your spending the creation in such excessive manner , in eating and drinking , and wasting the good creation after this manner as you do ; whether is not this a natural cause to bring want and poverty , and also oppressing your very bodies with excessiveness in drunkenness , inflaming your selves through excessiveness of wine and beer , and through the abounding of lust , and uncleanness , through excesse ; and as well defiling , and oppressing your very persons , as wasting the creation by so doing ; whether this is not a very natural cause to bring and beget pestilence and famine ( besides your provoking the lord through this means ) as being works in themselves hateful and abominable in his sight , and for which cause he may justly bring wrath and iudgements , even plague and famine , if there were no other cause for it ? and whether you ought not seriously to consider of this thing , and to turn from these transgressions , which are natural causes of great iudgements , and also provokes the lord to hasten and inflict iudgement : oh that the sober minded among you would lay this to heart . consider these queries in the spirit of soberness , for they are worth your regarding , & be not high-minded , nor wicked in your way , least the lord who hath all power in his hand meet you , and bring you down and destroy your cause , which he can do , if you provoke him . this was written in the middle of the d. month called may . . e. b. the end . notes, typically marginal, from the original text notes for div a e- see g. fox his paper directed to the parliament and army so called . * but this is not meant of the kings's death . the royal charter granted unto kings, by god himself and collected out of his holy word, in both testaments / by t.b. ... ; whereunto is added by the same author, a short treatise, wherein episcopacy is proved to be jure divino. bayly, thomas, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the royal charter granted unto kings, by god himself and collected out of his holy word, in both testaments / by t.b. ... ; whereunto is added by the same author, a short treatise, wherein episcopacy is proved to be jure divino. bayly, thomas, d. ? [ ], p. [s.n.], london : . attributed to thomas bayly. cf. bm; erroneously attributed to thomas browne. reproduction of original in british library. eng divine right of kings. great britain -- kings and rulers. a r (wing b ). civilwar no the royal charter granted unto kings, by god himself: and collected out of his holy word, in both testaments. by t.b. dr. in divinitie. wher bayly, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diadema regis in manu dej esaj . . . diev et mon droit ps. . . flos jesse , iudaeque leo , sacra quem lyra laudat flores atque lyram caroliquetuere leones the royal charter granted unto kings , by god himself . and collected out of his holy word , in both testaments . by t.b. dr. in divinitie . whereunto is added by the same author , a short treatise , wherein episcopacy is proved to be jure divino . matt. . . da caesari quae sunt caesaris . job . . there is hopes of a tree , if it be cut down , that it will sprout again , &c. sublato episcopo tollitur rex . king jame's bas. dor. london , printed in the year . chara dei soboles magnum jovis incrementum . the of-spring of so many loyal showers of blood and tears , and heir apparent to all the love and affection that your royall father had first purchased , and then intail'd upon you by a deed of martyrdome : the anchor of hope which we expect daily to be cast upon englands shore , by the hand of providence : hope hath for a long time brought up the rear , but now shee 's in the van of all your squadrons ; and when the sun is once set in an island , how can it rise again but out of the water ? may the sighs of your people fill your sailes with such a prosperous gale , as may land you safely upon english ground , and seat you in your fathers throne ; ●ay the flower of jesse ▪ and the true lion of the tribe of judah , whom the sacred harp so often praised , defend all your lyons , harp and lillies . never was there a prince , whose people were all prophets , and whose prophets did all center in their princes future happinesse before : whilst the enemy stands like the every-where wounded man in the almanack , pointed at by all the caelestiall signs ; never was their an army , who gloried so much in their strength , when they are not able to stand , by reason of the slipperinesse of the ground undar their feet , made so , by the tears of the people , and the bloud of their soveraign . nothing but your majesties royall fathers sufferings could have made him so famous and them so imfamous : nothing but that could have made the people know the difference between a golden cepter , and an iron rod . your father had been now living , had he been lesse wise : and he had not been put to death , had not his people loved him too well . was ever prince put to death by two such hands ? they forced the laws to take away their own life ; they made wisdome to sley her own children , by whom shee should be justified ; and the love of the people the murderer of their own darling : who can help it ? to cure the kings evil requires a royall hand . i doe not teach my pen so high ambition as to undertake such cures : but it may be inke will serve to cure a tetter or a wring-worm , if it doe but so , i shall think my pains well bestowed , and my duty highly approved of , if , when i have presented this royall charter to your royall hand , it may be graced with your princely eie ; being it proceeds from as loyall a heart as can direct a pen how to subscribe the pen-man your majesties most faithfull and loyall subject t.b. to the reader . reader , this wretched kingdome , lately the envy of other nations , and now the object of pitty to all but to her selfe ; upon whom , peace had long doted , and dandled their kingdomes in her lap ; whose natives , as though they had clipt the wings of peace , so that she could not flie away from them , nor make the happinesse of peace , once common to all the world , now an inclosure , within the broad ditch of their narrow seas , and the strong fence of their innumerable ships , having attain'd to all the prosperity and happinesse that such sun-shine daies could ripen ; shee fell from thence into the most bitter war , that the greatest plenty could uphold , and thence into the greatest miseries , that the highest pride could cast her downe ; and now lies plunged in all the miseries of a civill war : whose direfull effects are as remedilesse , as those , whose causes are not to be found , and as far from redressing , as is the malady for which no reason is to be given : though we cannot fathome the depth of these our unserchable miseries , nor dive into the bottom of this ocean of calamities , yet let us wonder a little , how we could squander away so great a share of that felicity , which we once enjoyed ; out our selves of possessions so full stockt with blessings , trifle away , not sell , our birth-rights of peace , for a messe of pottage , that hath death in the pot . if for religion we have fought all this while , when did the church change her weapons ? must prayers and tears be turned into pike and musket ? did god refuse to have his temple built by david a man after his own heart , because only his hands were bloudy ? and will he now be contented to have his church repaired , and her breaches made up with skuls and carkasses ? must bloud be tempered with morter that must bind the stones of his temple in vnity ? or are the smitings of brethren , strokes fit to pollish her stones withall ? hath god refused the soft voice to remaine in thunder ? or hath his spirit left the gentle posture of descending downe upon his apostles , to the approaching of a mighty and rushing winde ? to go about the reforming of a church by humane strength , is as quite opposite to the nature of reformation , as is the going about the repairing of a castle wall with a needle and thred . he that looks for such inestimable goodnesse within iron sides , may as well looke to find a pearle in a lopster . no , no , the church must not be defended with helmets , the risisters of blows , but with miters which have received the cleft already ; not by broken pates , but by cloven tongues : not by men clad in buffe , but by priests cloathed in righteousnesse : decitions in matters of faith , must not be determined by armour of proof ; nor did the sword of the spirit ever make way to the conscience by cutting through the flesh . he therefore who takes up armes against his soveraigne , with pretenses of defending his religion , doth but take such courses , as are condemned by the same religion he would defend ; and indeed he doth but make religion his stalking-horse , to blind him , whilst he aimes at that , which he would have least suspect him , which when he hath effected , he meanes to get up upon the horse and ride him at his pleasure : they pretend the good of the church , when , you may be assured , they intend nothing more , then the goods thereof , and like dissembling lapwings , make a shew of being nearest the nest , when they are furthest of it . if we fight for our liberties , what liberties are they that we fight for ? if for liberty of conscience , what doe you meane thereby ? if by liberty of conscience you mean , that it shall be lawfull for every one to chuse his owne religion , or to be of his own opinion , those are things which we ought not to have , much lesse to fight for ; for then let us not blame every panim that bakes his cake to the queen of heaven , or every ignorant votary , who creeps to his own image , or makes his own idoll ; for in this kind of liberty , we do but sacrifice unto the net wherein we see our selves caught , and burne incense to the drag that hales us to destruction . christians are not to be at such liberty , loose christians are but lost men ; true christians will be contented to be bound up in the unity of the same spirit , and the bond of peace : if the bond be broken , the sheaf of corn is but so many loose eares , and no way fit to be carried into the lords barne : if we be sons and daughters , let us belong all to one house , if we be servants , let us be all of one family , if we be lively stones , let us be all of one building , if we be severall grapes , let us be all of one cluster , if we be severall clusters , yet let us be all of one vine ; if we be saints , let us have a communion , for this is it which is called the communion of saints , this is it which is called religion , which commeth of the word religando , which signifieth to bind . wherefore for a man not to thinke himself bound to those articles which the church proposes , is to be of no religion , and to fight for this , is to fight for nothing : and if by liberty of the subject , you mean liberty from oppression , i know not any man or woman of any quality or condition what soever , that knows what belongs to any such thing , except it be some few , who have liberty to do what they will with all the rest . if we fight for the property of the subject , i beleeve the subjects have so altered the property of their goods , that had they but their old properties restored , they would not think it good sighting for a new ; their expectations being so much deceiv'd , that instead of fighting for the property of the subject , they rather see themselves subjest to have all things in common . if we fought for the laws of the land , whose laws are they ? are they not the kings ? will he not maintaine the foundation of his house from sinking ? will he not maintaine his leggs under him ? are they not supporters of that body politick whereof he is the head ? nay , doth he not maintaine himself when he maintaineth them ? for the king and his lawes may be compared to god and his word , both inseperable : for as god is the word , and the word is god ; so the king is the law , as the life thereof , and the the law is the king , as the body of that soule , wherefore there needed not any fighting against the king for this , except it be by those , who would be kings themselves . and for priviledges of parliament , i remember to have read of jack cade , in the reigne of richard the second , who comming up as far as london-stone , and resting himselfe thereon , vowed that within three daies , there should be no other law , but what did proceed out of his mouth : now if it stand with the privilidges of parliament to have a few jack cades , relying on their london-stones , to tell them what they must doe , and they will have ; if it stands with the priviledges of parliament ; to have tumults to drive away their king , armies to awe themselves ; countries to send up their inhabitants in multitudes with petitions in their hats , cudgels in their hands , and threatnings in their mouths ; so that the king was faine to slash the citizens from white-hall , and then the parliament , the country-men from westminster-hall , then they have fought to some purpose : but suppose that the parliament did really fight for all these particulars ; so did the king too ; so that the king may safely expostulate with his parliament , as s. paul did with the rest of the apostles , are ye fighters for the protestant religion ? so am i : are you for the liberties of the subject ? so am i : are you for the laws of the land ? so am i : are you for the properties of estates ? so am i : are you for the priviledges of parliament ? so am i : and in all these things i have laboured more abundantly then you all ; where lies the quarrell then ? it must consist then in nothing but this , that they do not believe one another , in that they both fight for one and the same thing , the meanes of reconciliation is taken away : for should they differ in their grounds , the law may be judge between them , reason may be judge , the world may be judges : but rebus sic stantibus , instead of having reason to fight , we do but fight against reason , both contend for the same power , like the two women that contended for the same child : solomon judg'd the child to belong to her who would rather part with it all , then have the child divided : now the parliament would have this powerfull child divided , half to the king , and half to themselves : the king rather then so , is contented to lose all : in whom there is most affection and pitty , in him is the right of true parentage : but because there are no solomons in this age , let us go the down-right way to worke . the two houses gave out that they fought in defence of the kings person , crown and dignity , do ye beleeve them ? don't ye believe the king did ? the parliament said they ●ought only to bring him to his parliament , was the parliament at holmeby house ? or was it at carisbrook-castle in the isle of wight ? was he in honour , or was he dignified by being there ? have they not fought then all this while upon a false ground ? have not they given themselves the lie ? and will you believe them still ? but instead of being instructed by solomons divided child , they divided their solomon . o country-men , do but remember what ill luck the nation hath had , by imprisoning their kings : when they had imprisoned the old lyon and the young within their grates , the henry and his son ; did they not , like the inclosed wind , make the whole land shake ? had not the whole kingdom a shrewd fit of an ague then ? did they not ( lik● fire too close beseiged with clouds ) sally out in thunder and lightning , to the terrour and destruction of all thos● who stood in the way ? what successe● had the imprisonment of edward ▪ upon his imprisonment followed his deposement , and the murder of his person was a consequent of the deposement of his dignity , but what becam● of those who did it ? is there one remaining of the name of mortimer ? was not that mortimer , who was the cause of his imprisonment , beheaded ? were not all those who had a hand in it condignly punished ? nay , was not the immediate heire of this too much conniver at his fathers sufferings , and too ready accepter of his fathers office ▪ imprisoned , deposed and murdered in like manner ? and what successe ( i pray you ) had the imprisonment of richard the ? it cost the kingdome whole ages of miseries , of her nobility , and of her commons , & the disposing of all her royall roses in their budds , and before they were halfe blown , untill they was but one of a colour left in the royall garden of great brittaine ; and they being married , made such a composure of red and white , as blushing at the former mischiefs : and it is worth your observation , how that the last two kings ( to save their lives ) resigned their crowns , and so lost both ; whereas the former , by keeping his crown upon his head escaped the blow . let all these base begotten meteors appear glorious for a time , till by their yeilding more and more to aire , they fall to earth ; whilst kings , like suns in firmaments , look biggest when they are going down , with confidence that they shall rise againe . lastly , henry . and his son must be imprisoned and murdered , to make way for edward . and edward . his two sons and heires must be imprisoned & murdered to make way for richard . and richard . murders these two little children , and henry . slayes richard . with infinite of his followers , for his usurpation : if you go on with your worke , you see your wages ; gods hand is not shortned , but stretched out still , and he is as great an enemy to such proceedings as ever he was : he is yesterday , and to day , and the same for ever : do ye thinke that ever ye shall have peace till the king be restored ? ye may as well expect the needle of the compasse to leave its treppidation before it point at the north pole , as to find quietnesse in the land before the hearts of the people turne to their soveraigne . do you not see that the parliament cannot bring any thing to maturity , and what 's the reason ? but because their labours will not admit a treaty with the sun . good men should endeavour to take off , not verefie that saying of maximilian the emperour ( as johannes aventinus witnesseth de bello turcico ) viz. that the emperour of germany was rex regnum , because his princes were so great : the king of spaine was rex hominum , because his people were so obedient : that the king of france was rex asinorum , because they bare such heavie burdens but the king of england was rex diabolorum , because the people use to treat their kings so wickedly . now reader , whether thou be'st christian , or kind , or courteous , or otherwise ; whether thou be'st for one , or other , or neither , or both , yet as thou art an english-man , suffer not thy self to be so abused , and thy country so ruined , by the names of king and parliament , religion , and liberty , priviledges and properties , for many a snake lies under the strawberry leaves of such pretences , and stings you ere you be aware , and feeds you with poisons instead of dainties ; but return to your old obedience , if you would return to your old peace , and if you would have god speed the plough , begin to cry , god save the king , that we may once more hear the voice of joy and gladnesse amongst us , that our oxen may be strong to labour , that there may be no decay , no leading into captivity and no complaining in our streets ; that every man may sit quietly under his own vine , and his own hands pluck his own grapes , that the mowers may fil their sithes with their own rights , and the reapers bind up their sheaves in the bonds of justice . one word to thee o thou great city , the pantapolis of all miseries : the seminary of rebellion , the magazine of gunpowder treasons , the treasury of the wages of iniquity , the tower against david , wherein hangs so many shields and bucklers ; the mart towne for conspiracies ; you nursed up this rebellion when it was but tender ; you both fed and taught it , when it was but young : you maintain'd it in its wantonnesse , when it was in its youth ; when it came unto its full strength , ye gloried in your production ; and now rebellion is in its declining age , you ceres its wrinkles , you lend it artificiall eyes , leaden its gray haires , lend it your staffe for fear it should fall ; and now at last you help it to crutches when it cannot otherwise go : take my advice , and judge not salubrity by sweetnesse , a plaine dealing friend is like those sawces which a man praises with teares in his eyes ; though you have brought it to this , yet cast off the old man of sin , and put on the new man of righteousnesse . an eagle reneweth her age , saith david , david saith so , and therefore you must believe it : but how it is done ? you must be advised by plyny ; when the eagle hath surfeited by reason of her age , not being able to digest so great a quantity of bloud as formerly shee was wont , shee bathes and molts her self in a fountaine , untill all her feathers fall away , and beats her beak against a rock , untill it loosens and fals off , and thus with renewing of her bill and feathers , in a manner , shee becomes young againe , now after seven years sucking of the bloud of innocents , if ye find your aged stomakes to be fil'd up to your consciences , like the eagles bath and molt your selves in the tears of repentance , untill your peacocks plumes come downe , and strike with the fists of contrition , upon your hard and stony hearts , so you shall become new men ; new to god , new to his vicegerent , new to your selves ; which will be the best newes , that hath been cried in your streets these many years . and as you have been principium & caput , so be but finis hujus rebellionis , and habebis laudem ex illa , rom. . and as it hath been your fault to begin this rebellion , so let it be your vertue to make an end of it , for if you will not make an end of it , there will be an end of you . the contents . chap. i. god himself was the first founder , and the first that instituted the office of kings . pag. chap. ii. the people cannot make an anointed king. chap. iii. the meaning of the anointing of kings . chap. iv. the reason why they are called the lords anointed . chap. v. bad kings are the lords anointed as well as good . chap. vi . it is not lawfull upon any pretences whatsoever to depose , or so much as touch the lords anointed . chap. vii . what is meant by touching the lords anointed . chap. viii . that kings now adayes are to be had in the same veneration and esteeme as the kings of judah and israel were , notwithstanding our christian liberty . chap. ix . that a king failing in his duty , and not performing those things which he hath sworn unto at his coronation ( so solemnly ) yet the people are not dis-obliged in their obedence unto him . chap. x. touch not mine anointed , psal. . meant by princes , and not otherwise . chap. xi . the objection of the ten tribes revolting from rehoboam , answered . chap. xii . the objection of jehu slaying his master joram , and taking the kingdome upon him answered . chap. xiii . a discourse concerning the necessity and excellency of monarchy . chap. xiv . that there is no such thing as a free-state in the world . chap. xv . a discourse concerning episcopacy , proving it to be jure divino . the royall charter granted unto kings , by god himselfe : chap. i. who was the first founder , or the first that instituted the office of kings . wee say some people were the first that desired them , and moved for them , and had them , and chose them . and all the people went to gilgall , and there they made saul king before the lord in gilgall . samuel . . samuel ● . . soft and fair , good people ; do not ●istake your selves ; you desired , and moved for , and would have , and had a king ▪ but god gave him you : i gave thee a king , o israel , in mine anger , and i too● him 〈◊〉 ●n my wr●th . hosea . , . according to this we read , acts . ● ▪ they desired a king , and god gave unto the● saul , &c. and for your making of ● king at gilgall ; your making was bu● approving , and applauding him , tha● was made already ; for saul was bot● made a king , and confirmed king , an● executed his office , before the people a●● said to have made him king in gilgal ▪ he was anointed king over israel : sam. ▪ . he was confirm'd by signs . sam. . , , &c. he executed his office . sam. . , ● ▪ god first , sent . and secondly , shewed . and thirdly , chose . and fourthly , anointed . and fifthly , found them out a kin● before ever i● is said , they made him . first , god sent him ; i will send thee man out of the tribe of benjamin , and thou sh●●● anoint him to be captain over my people . secondly , god shewed him ; for n●●ther the people , nor any of the sain● nor the elders of bethlehem , no , nor sam●●l himself , knew not where to find this 〈◊〉 〈◊〉 kings , till god said , this is he , he shall ●ign over my people , sam. . . thirdly , god chose him himself ; and ●●muel said to all the people , see him ●●om the lord hath chosen : sam. . . 〈◊〉 the people ma●e him themselves , or ●●uld make him , what needed they to ●●ve come unto samuel to bid him ; make 〈◊〉 a king to judge us ? sam. . . and to 〈◊〉 , give us a king ? which deprecation ●as indeed no otherwise , then as if they s●ould have desired samuel to have asked a king for them of the lord ; for so it ●●ems by the sequell , for immediately h●reupon samuel went unto the lord , and declared their importunity , and the lord said , that he should hearken unto the ●●●ce of the people in all that they said unto him , ●●rse . and this most certain and agreea●le unto sam. . where samuel tels 〈◊〉 people ; yee have this day rejected your 〈◊〉 , &c. and have said unto him , set a king 〈◊〉 us . fourthly , god anointed him ; samuel took a violl of oyle & powred it on his head , 〈◊〉 kissed him , and said , is it not because hee 〈◊〉 anointed thee to be captain over his in●●●itance : sam. . . fifthly , god found him out for them , where he was hidden from them ; for when all the tribes of israel were come together , and the tribe of benjamin was taken , and the families of that tribe drew neer ; & the family of matry was taken out of those families , and saul the son of kish from thence : sam. . ▪ . ( the smallest tribe , the least family , the poorest benjamite , as shewing us that kings were not to have derivation from the mighty people , but from the almighty god : sam. . . ) the people sought him , but they could not find him , so that they were fain to enquire of the lord for him , , and the lord shewed them were he had hid himself in the stuffe : sam. . . so that all that the people of israel had to doe , either in the election , institution , nomination , creation , or invention of their first king , was ( when god had done all this ) to shout , and say , god save the king : sam. . . and for their making a king , after all this in gilgall , it could be no otherwise then their approbation of him , who was thus made by god already . neither was god only the founder of the first king of the jews , but of all the rest also : he was davids founder too , i have found david my servant , with my holy oyle have i annointed him : psal. . . it was well for david , for he should have been but a poor king , if he had been but of the peoples finding ; and it may be they would not have knowne what to have made of him when they had found him . david was not filius populi , but dei , the sonne of god , not of the people : psalm . . he was neither exalted of the people , nor chosen of the people ; i have exalted one chosen out of the people , said god , ( verse . ) but the exaltation was gods , and the choice not of , ●ut out of the people . kings are not children of the most voices ; but children of the most high : ps. . . yet the approbation of the people may serve ad pompam , but not ad necessitatem ; it may add somthing to the solemnity , but nothing to the essence of the constitution ; what was divinely given , may be humanely received , and so are kings . neither will we speak of the king , or the first of the kings of jud●h or israel , ●ut we will go along with the first king ●hat ere was read of ( if there be not books antienter then the books of moses ) and that was melchizedec king of salem ; this melchisedec is said to have neither father nor mother , it could not be said so in regard of his person , for wee all know who he was , and who his father and mother were ; he was sem , the eldest son of noah , but it was said so , in respect of his office ; shewing us , tha● kings , they are not the off-spring of men , but an emanation from the deity ; and teaching us , that as kings are not of the poeples making , so they ought not to be of the peoples marring , and as they are not the founders , so they ought not to be the confounders of them ; cujus est instituere , ejus est abrogare , they that institute , may abrogate , they that make , may un-make , what thou buildest thy selfe , thou maist lawfully pull down ; thou maist diruere edificar● , mutare , quadrata rotundis , but if thou destroyest that which another hath built , thou maist chance to be sued for dilapidations : if a limner draw a picture , he may alter and change it , and if he dislike it , race it out at his pleasure ; or i● a carver or ingraver mislike his owne handy-work , he may destroy it when he pleases ; but if god makes a man after his own image , and creates him after his own similitude , wee offend god in a high degree , when we cut off , or deface the least part , or member of his handy-work . now kings are lively representations , living statues , or pictures , drawn to the life , of the great deity ; these pictures , for their better continuance , are done in oyle , the colours of the crown never fade , they are no water colours ; as kings with their own statues , will not be angry , though time and age devour them ; yet they will not suffer them spitefully to be thrown down , or shot against ; so god , though he will suffer kings to dye like men , and fall like other princes ; yet he will not suffer his character , spitefully to be rased , or his image defaced ; but though he will have them die like men , yet he will have them live like gods . and if all this be not proof sufficient , you shall hear god the father , god the son , and god the holy ghost affirm as much . god the father plainly affirms , john . . dixi dij estis , i have said ye are gods ; but if the stroke had been in the people , then it should have been , nos diximus , dij estis , we have said ye are gods . god the sonne told pilate thou shouldest have no power except it were ( data desuper ) given from above ; but if the people had given him that power , then it should have been , thou should'st have no power , except it were ( data desubter ) given from beneth ; and i am sure the holy ghost tels us , per me reges regnant , by me kings reign ; but if they reigned by the suffrage of the people , then it should have been per nos , according to the moderne dialect , they reign by us ▪ and as long as we think fit , and when wee thinke it fit no longer , they shall reign no more ; they received their authority from us , and we may recall it when we please , and depose them when we list ; for they are but proxies and attornies of the people : see buch. de jure regni fickerus & renecherus &c. little thinking how by this powerfull doctrine of theirs , they ( quite contrary to the word of god ) destroy the higher powers , and give the whole trinity the lie at once : and if these testimonies are not sufficient , i know why they are not , because they never were confirmed by act of parliament . chap. ii. whither the people can make a king or not . if the question be asked , whether the people doe make the king or not ? i could no more grant it , then i should grant , that the people made heaven ; but if you ask me , whether the people can make a king ( such a one as they use to make ) if they have not one already of gods making , they may ; such are kings , and no king ; not reges , but regentes ad placitum , kings by election , are alwaies kings upon condition , and where the condition is so little worth , the obligation is the lesse , and but small security will be required : for my own part i should be a shamed to were a crown on my head , when the people must raign , and the king stand under the penthouse ; and i had as live they should make me a iack a lent , for apprentices to throw their cudgels at me , as to make me a king to be controuled by their masters , and every tribune of the people ; for as an invitation to a dinner where there is no meat , is but a distastfull banquet , so the name of a king without its adjuncts , is but a savourlesse renown ; and indeed such as they are not actu reges , ●hey do but agere regem , they are not actuall kings , they doe but act the part of a king , and i hold him that acts the part of a king an hour upon the stage , to be as reall a king for his time and territories , as the best king by election , who is chosen but for his life ; herein consists the difference , as the one must act his part as the poets please , so the other must act his part as the people please ; they must have their parts given them , they must act it accordingly , they must not so much as tread the stage awry ; their subejects are both spectators and judges , and it lies within the favour of the next society , whether or no the sonne shall come to act the fathers part . such kings as these the people may make ; but to make a sacred and an anointed king , an established and successive monarch , a king that hath this heredit●tem in him , a king that hath this noli me tangere about him ; whose writs were alwaies termed , sacri apices , whose commands divalis jussio , whose presence sacra vestigia , whose thorne is the lords , whose scepter is his rod , whose crown is his favour , and whose representation is of himself ; the people can no more make such a deity , then so many tapers can make a glorious sunne , or so many sparks of sprey and faggots , can make a firmament of stars . chap. iii. what is meant by anointing of kings . anointing , in severall places of scripture , betokens some spirituall grace , as james . . call the elders of the church , and let them pray over the sick , anointing him with oyle in the name of the lord : which the roman-catholicks call extream unction , though now adaies , we only make use of the extremity , and leave out the unction : and therefore some will have the anointing of kings to signifie some spirituall grace also , which shall inable him with religion and aptnes to govern wel ; which when they cease to doe , their anointing falleth off , and they cease to be kings ; if they be not good , they are none of gods anointed , and if they be not his anointed , they care not whose they are . this doctrine hath caused the shedding of more bloud then there is now running in the veins of living christians ; whereas the truth is , it is neither religion , nor virtue , nor grace , that is meant by this royall anointing : cyrus was christus domini as wel as josias , and saul as well as david : if religion were that that did the deed , then cyrus had not been the lords anointed ; if virtue , then not saul ; if grace , neither : if religion makes kings , then there should have been of old no kings , but those of judah ; and now no kings , but those of christendome . it is jus regnandi that is meant by this royall anointing , and royall vnction , confers no grace , but declares a just title only ; vnxit in regem , he anointed him king , includes nothing but a due title , excludes nothing but usurpation ; gives him the administration to govern , not the gift to govern , well ; the right of ruling , not of ruling right : kings are anointed with oyl , to shew , that as they have thrones to signifie that they are the cesterns of justice ; and crowns to signifie that they are the fountaines of honours ; and scepters to signifie that the hands which hold them , are the magazines wherein the whole strength and ammunition of kingdoms are reposed : so anointing is a sacr●d signature betokning soveraignity , ob●dience to the throne , submission to the scepter , allegience to the crown , and supremacy to the oyle must needs be given , for oyle will have it : poure oyle and wine , and water , and vineger , or what other liquour you please together , oyle will be sure to be the uppermost : the three first ceremonies make him but high and mighty , and puissant , but the last only , makes him sared , and therefore some have maintained that a king is mixta persona cum sacerdote , whether he be so or no i will not here insist ; but sure i am , that their is much divinity in the very name , and essence of kings ; which duly considered and believed , that kings are thus sacred ( as we ought , and gods word informs us ) we would take heed how we touch , take warning how he tear and rend in peeces , as much as in us lies ( with those leaden messengers of death ( with their gunpowder commissions ) to fetch the higher to the lower powers , and make the king a subject to the subjects wils ) the sacred person of so great a majesty ; whereas the cutting off but a piece of the lappe of sauls garment , hath checkt a greater spirit , then the proudest riser up against his soveraign : we would not speak so despicably of the lords anointed ; what is the king ? he is but a man , he is but one , he hath a soule to be saved as well as others ; for though all this be true , yet the end for which all this is said , is most false and abhominable , for though it be true , that the king is but a man , yet it is also true , that that man is the light of israel , kings . . wee must take heed how we put it out . and though it be true , that such a piece of silver , is but a piece of silver , yet as it bears caesars image , and superscription upon it , it is more significant ; & if thou either pare or impare it a jot , if thou art found either clipping , or diminishing of it in the least degree , ●hou dost it to the preiudice of thine own life ; so though a king be but a man ●s in himself , yet as he ●ears the representation of god , and hath his character stamp'd upon him , he is some-what more , if you will believe him that said ●e are gods , psalm . . and therefore we must take heed how we debase or detract ●rom them who represent so great a dei●y , who by reason of their proximity ●nd neernes unto god in some respects , ●re most commonly of more discerning spirits then ordinary men : for mephi●osheth , when his servant had so grievivously slandred him to david , he makes but a short complaint , my servant hath ●landred me ; but ( as if he should say , i need not tell thee much , thou hast wisdome enough to find it out ) my lord the king is as an angell of god , doe therefore what is good in thine own eies : therefore because thou art as an angell of god , and thy selfe art a good intelligence , as all angels are , doe what is good in thine own eie ; as if he should have said , if thou doest onely that which seemeth to be good in other mens eies , it may be they will perswade thee that the thing was true , wherein my servant slandred thy servant poor mephibosheth , and he suffer wrongfully . i am of opinion that god gives to every king to whom he communicates his name and authority , this extraordinary gift of discerning ; but because they do not some times make use of it to the end it was bestowed upon them , viz. ( the better government of their severall dominions ) but are contented to see and discerne with other mens eyes , and to have false spectacles put upon their noses , whereby many a good man suffers : god in his justice gives them over , that in their own particular , and wherein their own greatest good is chiefly concerned , they shall make least use of their own judgements and advise , and wholly give themselves to be over-swayed by the advise of those , whose judgements perhaps is not so good as their own , and whose intentions ( it may be ) are no better then they should be . it is written that the hearts of kings are in the hands of the lord , and he disposeth them as seemeth best to his heavenly wisdome ; certainly i would ●ake a little advice from that heart , ●hat is so directed by that hand ; the kings head never plotted treason a●ainst the crown , and no man can wish ●etter to his majesty then the king . i ●peak not this in derogation either of the great , or privie councell ( for it is ●ritten , in the multitude of councellors there 〈◊〉 safety ) but in defence only of these ●ons of oyle , who are supreme in both . and as it is true that the king is but ●ne man , so it is also true , that one man ●s worth ten thousand of the people ; ●hou art woth ten thousands of us ( though all ●is worthies were in place ) sam. . . ●nd though it be true , that the king ●ath a soul to be saved as well as others , ●et it is also true , that he should have ●o body to be crucified by his subjects , ●nd out of his dis-esteem of the person , the ceremonies of state ( as anointing , ●itting in thrones , holding of scepters , ●nd coronation it selfe ) being to be ●xploded now a daies ; and who look'd ●or it otherwise , when the lawfull and ●ecent ceremonies of the church , were ●alled reliques of popery , and raggs of the whore of babilon : was it otherwise ●o be expected , but that they would call these ceremonies of state , theatrica pompa : stage-plaies , toyes : tush say they , what need all these● fopperies , a kings throne is his justice , his crown his honour , his scepter , and cheifest strength , the peoples hearts , his holy oyle , is his religion , and zeal to gods glory ; and so it is : what then ? may we not have the signes , and the things signified also ? because the true receiving of the communion , is the receiving of the body , and bloud of christ by faith ; therefore shall we have no bread and wine ? or because that true baptisme is the washing away of originall sin , with the laver of regeneration ; therefore shall we have no water powred on the child ? we have scripture for these ceremonies , and i am sure we have no scripture for the abolishing of them , but rather scripture for their continuation for ever . reges in solio , collocat in perpetuum : god establishes kings upon their thrones for ever , job . . chap. iv. why they are called the lords anointed . the lords anointed , is as much as to say the lords christ , and christi signifieth anointed ones : in the hebrew you shall read it , who shall ●ay his hand upon the lords messiah ? for the lords anointed sam. . . in the greek , who can lay his hand upon the ●ords christ . kings are taken into the ●●ociety of gods name , dixi dii estis , i ●ave said ye are gods ; and here into the society of christs name , and all to ●errefie subjects from lifting up their ●ands against the lords anointed , as ●uch as if he were god or christ him●elfe . againe , kings are not termed uncti ●omini ( for that were no prerogative to ●hem at all ) but christi domini , for not ●nly persons , but things also , were a●ointed under the law ; not only kings , ●ut priests and phrophets likewise , nei●her did it rest there , but it extended to the tabernacle it selfe , and ran down to the vessels thereof , even to the very fireforks , ashpans , and snuffers ; but unto whom said he at any time , tu es● christus meus , heb. . , . but unto christ , and kings ? to christ once , luke . . to kings thirty two times throughout the bible ; four times by god himself ; kings are called christ● mei , mine anointed ; six times to god , christi tui , thine anointed ; ten times of god , christi ejus , his anointed ; twelve times in termes terminant , christi domini , the lords anointed : and therefore the old translator observed it rightly , when in the same word , in the hebrew , and the greek , he speakes of the priest , he translates it unctus ; but when of the king ( alwayes ) christus . and as they are not uncti , but christi ▪ so they are not christi populi , but christ● domini ; not the peoples anointed , but the lords anointed ; there may be a master of the ceremonies , but ther● must be no master of the substance ; they are the lords christs , and they hol● their kingdomes under him , in king● service ; neither are the kingdomes o● the earth any bodies else but gods : t●● kingdomes are gods , dan. . . neither ●are they at any mans disposing but his , he giveth them to whom he pleaseth ( loco citato ) therefore for whose they are , they are the lords ; and for what they ●re , they may thanke him and none else . secondly , they are the lords , because that by him , and in him , and ●hrough him , they have their dominion , and regiment , from him they have ●heir crowns , from his hands their coronation ; diadema regis in ●manu dei , esay . . the royal diadem is in the hand of god , and out of that hand ●e will not part with it so much , as for ●nother , to place it upon the kings ●ead ; but it must be tu posuisti ( tu domine ) thou , o lord , hast set a crown of pure gold upon his heard , psal. . . the emperours used to stamp their coyne with a hand coming out of the clouds , holding a crown , and placing it upon their heads ; we have no ●uch hierogliphicks in our coyne , as a hand coming out of a cloud ; but we have grace from heaven : dei gra●ia , so that there is not a king but may say with the apostle , gratia dei , sum qui sum , by the grace of god i am that i am ; and indeed kings are kings , as paul was an apostle , not of men , neither by man , but by god . thirdly , they are the lords christs ; because , not only their crowns , are in the hands of the lord , but he puts the scepter into theirs ; nay , the scepters which princes hold in their hands , are gods scepters , being there , virga dei i● manibus ejus , it is gods rod that is in their hands , exod. . . and therefore right is the motto ▪ ( and reason is it that they should be esteemed the lords anointed ) diev et mon dro it , god and my right ; none else have to do with it , the scepter of a kingdome , in the hands of a king , is the livery and seison which is given him by god , of the whole militia , within his dominion , they that take away that , put a reed into the hand of christs anointed ; and why should it be expected that they should deal otherwise with christs anointed then they did with christ himself , first put a reed in his hand , and afterwards a spear into his heart . fourthly , kings are the lords anointed , because , they sit upon his throne : sideba● solomon in throno ▪ dei , solomon sate upon gods throne cor. . . but if solomon should have lived in these our dayes , instead of his six steps ●o his great throne of gold , and ivory ; he should have six steppers to his throne , for the gold and ivory sake ; instead of having a foot-stoole of gold under his feet ; he should have much adoe to keep a crown of pure gold upon his head : instead of hands to stay his throne , he should have hands enough to pull it down , and cast it to the ground : and instead of two , and twelve lyons , fixed on each side , as a guard unto his throne , he should have found many lyons , without regard , running up and downe , seeking how they might destroy him . lastly , kings are the lords anointed , because they are anointed with his own oyl , oleo sancto meo , with my holy oyl have i anointed him , psal. ● . . it is not with any common , or vulgar oyl , or oyl that any laies claime ●o but himself : but it is oleo meo , my oyl ▪ neither is it oyl , that was fetch'd o●● of any common shop , or warehous● , b●t it is oleo sancto , with holy oyl , oyl out of the sanctuary : and no question but this is a maine reason ( if they would speak out ) why some have such an aking tooth at the sanctuaries , because they maintain in them , oyl for the anointing of kings : but if the alablaster box were broken , the ointment would soon be lost : if they could perswade the king out of the church , into the barne , they would soon pull a reed out of the thatch , to put into his hand , instead of a scepter ; or if they could get him to hear sermons under a hedge , there would not be materials wanting to make a crown of thornes to pleat it on his head . thus you see the the reasons , why kings are called the lords anointed , because the lord hath appropriated them unto himself , not in a common and generall way , but in a particular and exclusive manner : my king , my kingdome , my crown , my scepter , my throne , my oyl , where is there left any place for claime ? pride may thrust down angels out of heaven , and violence may crucifie the son of god ; but ( all these things considered ) who can stretch forth his hand against the lords anointed , and be guiltlesse ? sam. . . chap. v. whether bad kings be the lords anointed , or not . they are : for they are of the lords sending , and appointment , as well as the good . i will set an evill man to rule over them ( said god ) and i gave them a king in mine anger , hosea . . which king was saul , which saul was a tyrant , which tyrant was the lords anointed ; when he was at the worst , you cannot have two better witnesses then david , and the holy ghost , sam. . cyrus was a heathen persian , and one that knew not god , yet for all that , haec dicit dominus , cyro christo meo , thus saith the lord to cyrus mine antinted , esay . . nero was no good emperour , but a monster of man-kind , yet saint peter , in whose day●s he wrote his epistle , commanded all christians to submit to him , pet. . . hasaell , whom the lord fore-saw , and fore-shewed unto his prophet elisha , to be the destroyer of his people of israel , and one , that should make them like the du●● by threshing , kings . . on that wil●set their strong holds on fire , slay their young men with the sword , dash their children again●● the wall , and rip up their women with child ▪ insomuch that it made the prophet weep , to fore-see all the miseries that should happen , kings . . insomuch that it made hasaell himself ( when he was told thereof ) cry out , is thy servant a dogge , that he should do all these things ● vers. . yet for all this , god will have him to be king , and it be but to scurge his people , the lord hath shewed me that thou shalt be king over syria , vers. . julian , when from his christianity , he fell , to flat paganisme , yet this anointing held , no christian ever sought , no preacher ever taught to touch him , or resist him in the least degree ; for whilst the cruell and bloudy emperours were persecuting the poor christians , they were fitting their necks for the yoke , and teaching on another postures , how they might stand fairest for the strok of death . an● this was not quia deer ant vires , because they could not help it , for the greatest part of julians army , and the most part of his empire were christians : for saith tertullian in his appologeticall defence of the christians of those times , una nox pauculis faculis , &c. one night with a few firebrands will yeild us ●ufficient revenge , if we durst , by reason of ●ur christian obligation : and shewes , how they neither wanted forces , nor numbers , and that neither the moors , or the persians , or any other nation whatsoever , were more mighty , or more populous then they : and how they filled all places , townes , cities , emperia●l pallaces , senats , and seats of judgement ; and that they could do any thing , in their revenge , if it were any thing lawfull ; but this anointing was the thing that kept the swelling down , and hindred the corrupt humours from gathering to a head : and therefore it is not as stephanus junius , franciscus , hottomanus , georgius , buchananus , ficklerus and renecherus , with the rest of the pillars of the puritan anarchy , do answer ( being gravel'd at the practice of the primitive christian● ▪ and those precepts of the holy apostle ) that the church then ( as it were swathed in the bonds of weaknesse ) had not strength enough to make powerfull resistance ; and therefore , so the one taught , and the other obeyed : but if this doctrine were allowable , then would inevitably follow these two grosse absurdities . . that the pen of the holy ghost ( which taught submission even to the worst of kings ) was not directed according to the equity of the thing , but the necessity of the times . . that either the holy ghost must turne politician , and become a timeserver , or else the church must lose the meanes of its being , and subsistance . whereas ▪ we know the contrary so well , that when acies ecclesiae , was so far from its bene ordinata , that when al the souldiers fled , and the life-guard routed , the lord of hoast ( the generall himself ) taken prisoner , yet then , like the sun looking biggest in lowest estate , so the son of righteousnesse , thinke ye not that i can pray unto my father , and he will send l●gions of angels ; and ra●her th●n gods children shall be oppressed by a company of egiptians ( if it be his pleasure to deliver them ) he can , without the drawing of one sword , turne rivers into bloud , produce an army of froggs to destroy them : and rather then they should be necessitated for lack of means , ●end swarms of flies , that may serve ●hem in the stead of so many rescuing angel● , and therefore it was not any ●ecessity , that the church was , or could ●e in , that procured in the apostles , or the first christians , either that doctrine , ●r that use ; it was not dis-ability , but duty ; not want of strength , but a reve●end regard of the lords anointed , that wrought these effects in both : let the people be never so many and mighty , and the princes of the people never so wicked and cruell , mos gerendus est , we must obey them ; not in the performance of their unjust commands ; but in submission to their just authority ; if not by our active , yet by our passive obedience : if not for their own sakes , yet propter ▪ dominum , for the lords sake ; if not for wrath , yet for conscience sake , rom. . . if it goeth against thy conscience , say , ●s the people were wont to say , when they fell down before the asse that carried the image of the goddesse isis , upon his back , non tibi sed re●igioni ; if thy conscience condemns thee , god is greater then thy conscience , and we must look what he commands , as well as what she dictates ; the one may be mislead , the other cannot mislead ; sacrifice may be either pleasing , or displeasing to the lord , but obedience was never faulty ; thou maist offer the sacrifice of fools , when thou thinkest thou doest well ; but upon how sure grounds goes he , who can say with the prophet in all his actions , if i have gone a stray , o lord , thou hast caused me to erre ? never deviating from the expresse of his word . now god gives us expresse command , that we should not touch his anointed , what condition soever they are of : n●lite tangere christos meos , touch not mine anointed ; and where gods rules are generall , we must not put in exceptions of our own ; for the wickednesse of a king can no more make void , gods ordinance , of our orbedience unto him , then mans unbelief can frustrate gods decree in us , rom. . . let saul be wicked , and let wicked saul be hut once anointedd , david states the question neither concerning saul , nor his wickednesse , but whether he being the lords annointed ( there 's the businesse ) it is lawfull to stretch forth a hand against him ( who can stretch his hand against the lord● anointed and be guiltless ? sam. . . chap. vii . whether upon any pretences whatsoever it be lawfull to depose , murder ▪ or so much as touch the lords anointed . there was the first time that ever it was put to the vote , ●hether a king might be put to death ●r not , but it was resolved upon the ●uestion in that parliament ; ne perdas , ●estroy him not ; it is well that david●ad a negative voice , or else it had been ●ut a bad president for kings : it is wel ●hat the men with whom david had this ●arley , would hearken unto reason , and ●et that sway them , otherwise david●ight have been forced to flie as fast ●way from his own men , as he did first ●rom saul : for there wanted no lay●reachers then , to preach the destruction ●nd slaughter of princes , under the pre●ences of wicked government and tyran●y ; who had the trick then , as well as ●ow , to couch their foul meaning in ●ood words and scripture phrase , with a dixit dominus , when the lord said no such thing ; as davids zealots , sam. . ●this is the day wherof the lord said unto thee , i will deliv●r thine enemy into thine hand , an● thou shalt doe unto him ( what ? ) as shal● seem good unto thee , that is thou shall murder him , that was their meaning : though the word was a good word ; and we do● not read where the lord said any such thing at all : so abishai , sam. . . god hath delivered thine enemy into thine hand : what then ? therefore let me smite him ; no such matter ; david denies the consequence , as if he should have said god hath delivered him into my hand , but ● will make no such bad use of his deliverance , i had rather hereby shew him hi● own errour , and my innocency , then any way stretch forth my hand against him , for he is the lords anointed ; and when sleep had betrayed saul to davids power , in the trench , and made the king a subject for davids innocence ; he esteemed himself but as a partridge in the wildernesse , when he might have caught the eagle in the nest : he passified sauls anger , by inabling his power to hurt , sent him his speare ( it seems he did not think it fit to keep the kings militia in ●●s hands ) and humbly begs , let not my ●ud fall to the earth ; when , if it had not ●●en for david , abishai would have smi●●n saul unto the earth at once , so that 〈◊〉 needed not to have smiten him the ●●cond time : but david would not , de●●●oy him not saith he , and his reason . ●as , quis potest ? who can stretch forth ●●s hand against the lords anointed ●●d be guiltlesse ? another most notable demonstration 〈◊〉 davids innocency , and subjection , ●●to a hard master , a most tyrannicall ●●ing , cruell saul ; we have sam. . ●hen in the cave of engiddi , david●ight have cut off sauls head ; like pre●●ous oyntment , he descends only to 〈◊〉 skirts of his garment , and with a ●uid feci ? checks himself , and beshrews ●s heart that he had done so much , and ●pon a little looking back of saul ( as 〈◊〉 he had put on rayes of majesty ) da●●d bows , and stoops with his face to 〈◊〉 earth to him , when he might have ●id his honour in the dust , call'd him 〈◊〉 father ; when that father came to ●●crifice him upon the mountaines , and ●isaac-like ) nothing but see my father , ●hen he could see nothing but fire , and sword , and himself also the lamb , ready for the sacrifice . a true isaac ( though many young men staid behind with the asse ) will after his father , though he have fire in the one hand , and a knife in the other , ready for to sacrifice his follower . a right david , and he that is a man after gods own heart , though he could bite to death , and gnaw into the very bowels of his soveraign , yet he will assume no further power to hurt , then to the biting of a flea ; after whome is the king of israel come out ? after a flea ? after whom doth saul pursue ? after a dead dog ? when he might have caught the lion in the toyle . i could easily be endlesse in instances of the like nature , as our saviour christ's obedience to the death , under the reigne of tiberius , his disciples under nero , claudius and caligula , whose governments were as opposite to the propagation of the gospel , as themselves were enemies to the propagators of it ; yet we see they neither attempted the alteration of the one , or the destruction of the other ; yet christ could do much if he pleased , and if the napkins of saint paul , and the shadow of saint peter could cure diseases , if a word out of their mouthes could strike men and women dead in the place ; if an oration at the bar , could make a king tremble on the bench , then surely you will confesse that his disciples could do something : yet nothing was done or attempted against those wicked , cruell , and pagan emperours , one instance shal suffice for all : what mischief or injury could be done more to a people , then mebuchadonozer king of babylon did unto the jewes , who slew their king , their nobles , their parents , their children , and kinsefolkes , burn'd their country , their cities , their jerusalem , their temple , and carried the re●idue ( who were left alive ) captives with him to babylon . and now behold ( then ) nebuchadonozers good subjects : will you hear wat advice the prophet daniel gives them for all this ? baruch . . . pray you for the life of nebuchadonozer king of babilon , and for the life of balthasor his son , that their dayes may be upon earth , as the dayes of heaven , and the lord will give us strength ; ( what to do ? to wage war against him ? ) and lighten our eyes ( what , with new revelations how they may be reveng'd ? o no ) that we may live under the shadow of nebuchadonozer king of babylon , and under the shadow of balthasor his son , and that we may serve them many dayes , and find favour in their sight : truely shewing that a king is alkum , prov. . . one , against whom there is no rising up ; that is , not upon any pretences whatsoever : there can be no pretences whatsoever more faire and specious , then those of defending the church , and red●essing the common-wealth . for the first , if religion be any thing push'd at , think you that rebellion will keep it up , or that it ever stood in need of such hands ? when god refus'd to have his temple built by david , because he was a fighter of the lords battailes , thinke you that he will have his church defended by fighters against the lords anointed ? to defend religion by rebellion , were to defend it by meanes condemned , by the same religion we would defend ; and to reforme or redresse the common-wealth , by insurrection and rebellion , were to rectifie an errour with the greatest of all mischiefs ; no government worse then a civill war , and the worst governour is alwayes better then the best rebell : rebellion is as the sin of witchcraft , and stubbornnesse is as idolatry : and how perilous a thing it is , for the feet to judge the head , the subjects to choose what government and governours they will have , to condemne what , and whom they please , to make what pretences and surmises they have a mind to , this kingdome by wofull experience hath had sad resentments . imbecilities and weaknesses in princes , are no arguments for the chastisements , deposing , or murdering of kings ; for then giddy heads will never want matter or pretences to cloak their rebellion . shall moses , because pharaoh was an oppressour of gods people , and had hardned his heart , and would not let the israelites depart , therefore inflict punishments upon pharaoh , or so much as depart without his leave ? though moses could inflict punishments upon the whole land , yet his commission never went so far , as to touch pharaoh , in the least degree , though swarmes of flies came into the house of pharaoh , and frogs entred into the kings chamber ; yet we read not that they seized on pharaohs person ; there were lice in all their quarters , saith the psalmist , and there became lice in man and beast , upon the smiting on the dust , but none were smitten of the person of the king : boyles and blaines were upon all the egyptians , and upon the magicians , so sore , as they could not stand in the presence of pharaoh , but they were not on pharaoh , that he could not stand himself ; pharaoh his eldest son may die , but vivat rex , pharaoh must not be touch'd . did absolon doe well to conspire against his father , though he defiled vriahs bed , and cloaked adultery with murther ? should the priest , peers , prophets , or people , offer to depose solomon , because he had brought strange wives into the land , and as strange religion into the church ? shall elias entice a●abs subjects to rebellion , because he suffered jezebell to put naboth to death , and killed the lords prophets ? shall peter take vengeance upon herod because he put him in prison , beheaded john the baptist , and killed james ? shall reuben be no patriarch , becuse he was unstable as water ? shall simeon and levi lose their patriarchal dignity because they were brethren in iniquity , & instruments of cruelty , because in their anger they slew a man , and in their self-will digged down a wall ? shall judith be deposed from his rule and government for making a bargain with a harlot upon the high way ? shall issacher not be numbred amongst the other twelve , because he was none of the wisest ? no reason ; they were patriarchs as well as the rest , which was the immediate government before kings ; and ( indeed ) were princes themselves : princeps dei es inter nos , gen. . . thou art a mighty prince amongst us : and thus much shall suffice , ( and i hope sufficient ) to shew , that no faults or pret●nces whatsoever , can make it lawfull to depose , or so much as to touch the lords anointed . chap. vii . what is meant by touching the lords anointed , or stretching forth the hand against the lords anointed . not dare to touch the lords anointed , is an awfull reverence , and a supposed difference to be kept , between every subject and his soveraign , especially in point of violence . a mother doubting the discretion of her children , and being to leave some curious looking-glasse in a place , doth not command her children that they should not break it , but that they should not touch it ; knowing full well , that if they have the liberty to meddle with it in the least degree , they may break it before they are aware , and destroy it when they think least of any such matter ▪ so god is very chary of his king , wherein he beholds the representation of himself , and knowing him to be but brittle , and though the most refined earth , yet but glasse : he commands his people that they should not touch his anointed ; knowing that if they were permitted but to tamper with him in the least degree , their rude hands may break it in peeces , when they doe but think to set it right . a touch is but of one man , though but with one of his fingers , yet this must not be ; nolite tangere , it is not said ne tangete , wherein only the act of touching is forbidden , but nolite tangere , whereby the will is also prohibited : how wary should we be in touching , when the lord is so cautious in his prohibition ? now stretching forth the hand may signifie a combination of many into one confederacy , the hand being a part of the body , composed of five members ( one and all ) but this must not be ; a most unhappy instrument is that hand that turns it self into the bowels of its own body ; if the head break out be chance , the hands must not presently be in the head , clawing , with invenom'd nails , the corruption there , lest that itching desire , turn into smart in the end , lest when the peaceable day springing from one high , shall happily visit us , that now sit in darknesse and in the shadow of death ; we then see our bloudy hands , and this ( once happy ) kingdome , the only pillow , whereon peace had laid her head , streamed ( like the aegyptian rivers ) all with bloud : in a word , by touching the lords anointed ; or by stretching forth the hand against him , is meant any kind of violence ▪ that is used against sacred majesty ; and the signification thereof is of a large extent ; for we stretch forth our hands when we doe but lift up our heels in scorne against him ; who so lifteth up his heel , psalm . . secondly , we stretch forth our hands against the lords anointed , when wee doe but raise up armes in our own defence ; whosoever resisteth the power , resisteth the ordinance of god , and draweth damnation upon himself . rom. . thirdly , we stretch forth our hands against the lords anointed , when wee stretch not our tongue and voice , when we hear of any traiterous plots or conspiracies against the lords anointed , and so bring such conspiracies to light : it is a foul thing to hear the voice of conspiracy , and not to ●tter ●● : lev. . . as good lay thy hand upon the lords anointed , as lay thy hand upon thy mouth & conceal the treason . fourthly , we stretch forth our hands against the lords anointed , when we doe not stretch forth our hands for the lords anointed , when we see him assaulted with any danger , or traiterous opposings . should a man see his own father feircely assaulted , and should not presently run into his rescue , but should suffer him to be slain before his face , would we not equally exclaim against him with the murtherers , qui non vetat peccare quum potest , jubet , he bids , that doth not forbid with all his power ●like a true son ) such outrages and vio●●nces , to be committed against the fa●●er of his country . fifthly , we touch the lords anoin●ed , when we touch his crown and dig●ity , intrench upon his regalia , hold or withhold his sons or daughters , kill or ●ake prisoners his men of warre . wee must take heed of defacing the garment , as well as of hurting the person , for they are both sacred ; the precious oyntment , wet not aarons head alone , but it ran down upon his beard , and down unto the skirts of his garment , making all sacred that was about him ; such touchings therefore are worse , then when we touch the person with the greatest violence , for then the anointed are most touched , when they are touched where the anointing is , which is their state and crown , dearer to them then their lives ; touch both , the murder of the person , is but a consequence to the deposement of the dignity . sixthly , we touch the lords anointed , when we take away his revenue and livelyhood from him , the devil thought that he had stretched forth his hand exceedingly against job , touch'd ( and touch'd him to the quick ) when he had procured gods permission , that the sabeans and caldeans should take away his oxen and asses , his sheep and camels , and plundred him of all he had ; god called this a destruction unto job , job . . . and that before ever a hand was stretch'd forth to touch either his bone , or his flesh . seventhly . is there no stroke but what the hand gives ? yes , the tongue can strike as well as the best : jere : tels us so , venite percutiamus eum lingua : come let us smite him with the tongue , jer. , . and david said , his tongue was a two-edged sword : there is , ( saith solomon ) that speaketh ( and that waiteth too ) like the piercing of a sword : it is bad enough in any , or against any man , but worst of all against the lords anointed ; for it is said thou shalt not revile the gods , nor speak evil of the ruler of the people : saint paul , but for calling a high priest , painted wall , ( though ) when he caused him to be smitten contrary to the law , yet he eat his words , and confessed his errour ; and now many , that would seem to be followers of paul , are revilers of kings , and make no bones thereof . the same god that commanded laban , in respect of his servant , vide ne quid loquare durius , ●ee thou give him no ill language ; certainly expects that subjects should set ● watch before their mouths , to keep the door of their lippes , lest they offend with their tongue , in speaking ill of princes . eightly , as the tongue can strike without a hand , so the heart can curse without a tongue : eccl. . . curse not the king , no not in thy heart , for a bird in the ayre shall carry the voice , and that which hath wings shall tell the matter : the hand implies both ; never was the hand stretched forth to any evil act , but the heart was the privy counsellor , & the tongue the chief perswader unto such enormities ; therefore it is good , obstare principiis , to crush the cockatrice egg , kill it in the heart , lest those pravae cogitationes want room , and then out of the abundance of the heart the mouth speaketh , and perswades the hand to be the destruction of the whole body ; if hand , and heart , & tongue , & pen were thus regulated , we need not long look for peace , or despaire of an accomodation , but whilst the hand is up , and the heart is set at liberty , and the tongue saith , our tongues are our own , 〈◊〉 ought to speak , who is lord over us ? and every pen is a ready writer , in matters pertaining to the king : in vaine it is to seem christians , whilst we are such antichrists : the bible under our arme ▪ fals to the ground , whilst we stretch forth our hand against the lords anointed : why do we take gods word into our mouthes , if we let it not down into our hearts , to do as that word directs us ? christian liberty never cut the string , that tied the tongue to those observances . of these things there might be applications made , but lapping as they go along is best for doggs , where there are cordials in the river . it seemes by the story , that kings may be coursely dealt withall , if men make no bones of being guilty ; they stand like the forbidden tree , in the midst of the paradise of god , men may touch them , but they had better let them alone ; if god had placed ( at the first ) cherubims , and a flaming sword , turning every way to defend that tree , how could there have been a triall of adams obedience ? so if god by some instinct , ●ad chain'd the hearts of men , and tied ●heir hands , and bound them to the ●eace , so that they could neither in ●hought , word , nor deed , have committed violence against his vicegerent , how could there have been a triall of the subjects duty ? the tree had no guard , ●or fence about it , but only , thou shalt not ●at thereof , if thou doest , thou shalt die the death . princes have no better security ●or themselves , then the almighties command for their preservation , nolite ●angere , &c. touch not mine anointed , ●o break the first , was but death , the second is damnation ; if you resist the ●igher powers , you resist the highest god , and he that resisteth shall be damned , rom. . . the commandment concerning the tree of paradise , was only thou shalt not eat thereof ; but we are forbidden to touch so much as a leaf of our forbidden tree , much less to shake down all his fruit ; there is hopes of a tree , saith job , that if it be cut down , yet it will sprout again , but not only a finger , a hand , but an axe must be laid to the root of the tall cedar of our lebanus ; yea , they must be rooted up like the names of taronius ; they will not leave so much as a of stump nebuchadnezzars tree chain'd to the earth , up must all root & branch , till all the royall branches lie like sprey upon the ground : these men had rather be destroyed themselves , then say the lords anointed is not to be destroyed . go on blind zelots , hearken to your wives , and let them perswade you to disobedience , and the divel them , as eve did adam , and the divel her , behold the objects shee presents unto your view ; how good they seem , how fair they look , how pleasant they are to thine eye , how wise you thinke you shall be , how full of knowledge , when poor wretches , you shall find all these promises turned into fig-leaves , to hide your nakednesse : all these golden apples of palestine once touch'd , evaporated into stench and blindnesse : and that your disobedience hath given you nothing but curses , and brought you nothing but sorrows and death upon your selves and children , and profitted you nothing but the turning of an edom into a wildernesse , till you be glad to eat the herbs of the field , and by the same fault , fall into the same punishment with our neighbours of germany , ●ye with grasse in your mouths . these ●●ings fell upon adam for his disobedi●●ce unto god , and the like will fall ●pon us ( the sons of adam ) for our dis●bedience unto gods anointed . o then ●et us not by any meanes lift up our ●ands against the lords anointed , lest ●like adam ) we fall from our state of ●nnocence , and be guilty : guilty of all the bloud that hath , and shall be spilt ●pon this land ; guilty of the teares of ●o many fatherlesse children and wi●owes : and if we will not be obedient ●nto a prince of men , guilty of all the ●ternall thraldome and submission unto ● prince of devils : take then the advice of the wise solomon , prov. . . if thou ●ast done foolishly in lifting up thy selfe , or if ●hou hast thought evill , lay thy hand upon thy ●outh : fear god , honour the king , have nothing to doe with them that are subject unto ●hange , for their destruction commeth sodainly ; and so will yours . let no man deceive himself , he who is not good in his perticular calling , can never be good in his general calling , he is no good man , that is no good servant , and if he be no good subject , he is no good christian , he that honoureth not the king , doth never fear god ; and except he obeyes both , he obeyes neither . chap. viii . whether kings now adayes are to be had in the same veneration and esteeme , as kings were under the law , by reason of our christian liberty . certainly the murmuring of corab , dathan and abiram , with their complices : thou seekest to make thy self altogether ▪ a prince over us , the lord is among us , we are all alike holy unto the lord , ( and therefore moses and aaron must be no more excellent then the rest of the people ) was no prophesie to be fulfilled in these our dayes , for if it had , surely our saviour would never have paid tribute for himself and peter , mat. . . which was a symbole of their subjection to heathen pagans ; for this cause pay ye tribute , rome . . . we have those who are apt enough to make arguments with our saviour , bearing this conclusion , then are the children free , mat. . . but few that will imitate his peaceable example , to fish for money , rather then offend the higher powers , mat. . . ●nd if you conjecture that our saviour ●id this meerly for quietnesse sake , behold the question rightly stated . is it ●awfull to give tribute to cesar or not ? mat. ● . . seriously propounded ( master we ●now that thou art true ( and therefore we ●ope thou wilt not deceive us with a ●ie ) and teachest the way of god in truth 〈◊〉 and therefore thou wilt not cause us ●o erre through the deceiveablenesse of ●nrighteousnesse ) neither carest thou for ●ny man ( and therefore thou wilt not ●e afraid to speak the truth ) thou regar●est not the persons of men ) therefore fea●ing only god , thou wilt boldly , & faith●ully without partiality , or fear , plainly ●ell us , whether it be lawfull or not ) ●learly determined and concluded upon ; da caesari quae sunt caesaris , mat. . . if christian liberty , should loose the ●eignes of civill government , then christ would never have acknowledged pilates power to have been of god , john . . if subjection unto kings were a hinderance to the propagation of the gospel , then saint peter would never have exhorted the christians to submit themselves to every ordinance of man . pet. . . we have too many submitters now-adayes unto every ordinance of men , but they are not unto such ordinances , whereof the king is supreme , pet. , . object . it is better to obey god then man , and therefore for his sake we cannot obey every ordinance of man . sol. the apostle doth not in this place discourse of obedience , but of submission : obedience is to be given to things , only lawfull ; submission is to be given to any ordinance whatsoever , though not for the things sake , which is commanded , yet propter dominum , for the lords sake who doth command , so absolute submission : where god commands one thing , and the king commands another thing . we may refuse his will , and there is perfect obedience , when god commands one thing , and the king commands the contrary , we may not resist his authority , and therein is true submission ; and this the apostle doth not only assure us to be the will of god , but puts this well doing in the stead of knowledge and wisdome , whereby the ignorance of foolish men may be ●ut to silence , pet. . . when freedom ●ands of tiptoes , her coat is too short ●o cover her malitiousnesse , therefore the apostle exhorts us to behave our ●elves as free , but not using our liberty , as a ●loak for malitiousnesse , pet. . . if christian liberty did break the ●choole of civill government , then ●aint paul would never have been ●uch a schoole-master to the romans , rom. . let every soul be subject to the ●igher powers : an excellent rule for ●ur obedience , every soul , no exem●tion by greatnesse , or holinesse , or ●ny by-respect whatsoever , but if he ●ave a soul , let him be subject to the higher ●owers : if two powers clash one against another , here we know which to stick ●o in our obedience , that is , which is ●ighest ( and that saint peter plainly tels ●s is the king , whether to the king as supreme , pet. . . ) there is no power but ●f god , the powers that be , are of god , who●oever therefore resisteth the power , resisteth the ordinance of god , and they that resist shall ●eceive to themselves damnation . vers. . what christian then can have his con●cience so misled , as to resist those powers out of conscience , when the apostle plainly tels us , verse . we must needs be subject , not onely for wrath ( that is , fo● fear of them ) but also for conscience sak● because god commanded it . there were anti-monarchists , and anti-dignitarians even in the apostle● time , but if it had been laudable , or agreeable to christian liberty , the sain●jude in his epistle , verse . would never have called the despisers of domini●● and evill speakers of dignities , filthy dreamers , and defilers of the flesh ( as he put them , so we find them both together ) he never would have compared them to bruit beasts , verse . he never would have pronounced woes unto them , as unto the goers into the wayes of cain : greedy runners after the errour of balaam , for reward ; and perishers ( as in the gain-saying of corah ) ver. . he would never have compared them to clouds without water : carried about with wind : to fruitlesse withered trees , twice dead , plucked up by the roots : to raging waves of the sea , foaming out their owne shame : wandering stars , to whom is reserved the blacknesse of darknesse for ever . verse , . he never would have described them unto you so fully , to be murmurers , complainers , walkers after their own lusts , widemouth'd , speakers of great swelling words , having of mens persons in admiration , by reason of advantage , separatists , sensuall , ( and though they pretend never so much unto it ) having not the spirit , verse . . christian liberty frees from the ceremoney of the law , not from the substance of the gospel : whereof we see submission & subjection unto kings , is a great part thereof . the romane yoke , and the romans hands which held the plough , ploughing upon the christians backs , and made long furrowes , and for a long time , were both adverse to the propogation of christs gospel , yet during all that time , neither christ , nor any of his disciples , ever attempted either the change of the one , or the displaying of the other ; and shall we thinke our selves more wise then he , who is the wisdome of the father ? or better advised then by him , who is the everlasting councellour ? or that any mans doctrine can settle us in more peace and quietnesse then he , who is princeps pacis , the prince of peace ? will you have more orthodox fathers then the apostles ? or the children of this generation to be wiser then the fathers of old ? christ and his apostles with all the antient fathers taught , and subscribed to this doctrine : first , christ , da caesari quae sunt caesaris : then saint paul , render to all their due , tribute to whom tribute is due , custome , to whom custome , fea● to whom fear , honour to whom honour , and all to cesar : then saint peter , submit your selves , &c. fear god , honour the king , &c. sic passim in scripturis . dear christians , are we better pleased with the glittering tinsell of a painted baby from a pedlers shop , then with the rich , and inestimable jewels of divine truth ? will we suffer our selves to be cosened with the guilded slips of errour ? and what enthusiasmes every pretended spirit , if not every cobler , weaver , groome , or coach-man , shall dictate , who are but velut igneae , and velut flatus , as it were of fire , or as it were a mighty and rushing winde , but nothing sensible , some hot exhalations of the braine set on fire , by the continuall motion , and agitation of the tongue . good god , have we thus learnt christ ? is this the fruit of so clear a gospel ? and the return of all our holy mothers care , and paines for education ? shall we take gods word into our mouthes and preach sedition , rebellion and insurrection , contrary to that word which we pretend to preach ? to maintaine religion by insurrection , is to maintaine it by meanes , condemned by the ●ame religion we would maintain . chap. ix . whether a king failing in his duty and not performing those things which he hath sworn unto at his coronation ( so solemnly ) the people are not disobliged in their obedience unto him , and may , thereupon , depose or put him to death . if kings held their crowns by indentures from the people , then were the people disobliged to their obedience unto him , upon his failing ( in those things whereto he hath been sworn ) on his part ; but if they receive their crowns immediatly from god , and that by him alone kings reign ( as hath been heretofore proved at large ) then all the failings that can be in a king , can but make him a bad king ; but still he must remain a king ; the oath assures us of his being a good king , not of his being a king ; for he was king before he took it : coronation is but a ceremony , and his oath is but at his coronation ; the issue of ceremony , must not dis-inherit the right heire , of all that substance : king and kingdome , are like man and wife , whose marriages are made in heaven , who are betrothed by god himself ; now as in the ceremony between man and woman , the husband in the presence of god and angels , and al the congregation promiseth ( which is as solemnly binding as any oath ) that he will live together with her after gods holy ordinance in the state of matrimony , that he will love and cherish her , maintain and keep her , and forsaking all other , keep himself onely unto her : now if he performe all these things , he doth well , he is both a good husband , and a good christian ( considering the vow that he hath made ) but if he doth not live with her according to gods holy ordinance , nor love , nor cherish her as he should , nor maintain and keep her as he ought ; shall it be lawfull for a man to put away his wife for every cause ? matt. . . much lesse can it be lawfull for the wife to put away her husband upon every distaste ; it was god that made them male and female : mat - . . and therefore it is fit they should continue together so ; they twain are but one flesh ; matt. . . therefore they cannot be divided ; god joyned them both together : matt , . . therefore no man can put them assunder . now to apply this to the king wedding himself to his people at his coronation ; the king ( solemnly ) takes his oath at his coronation before all the people , that he will live together with them according to the lawes of the land , that he will protect and defend them to the uttermost of his power , with all other protestations contained in the said oath , which if he doth perform , he doth wel , and is both a good man and a good king ; but if he should not govern them according to the laws of the land , and if he should not cherish and defend his people , shall it be lawfull for this wife to make away this husband ? god forbid ! god made him king , them subjects , therefore they must continue so , like man and wife , for better for worse , they two are both one , the head may not be divided from the body , and quae deus conjunxit , nemo separet ; there have been bils of divorcement given unto these king● husbands in former times : but of those bils , i may say , as our blessed saviour said of the bils of divorcement which moses commanded ; it was propter duritiem cordi● , matt. . . deut. . . for the heardnes of mens hearts ; and then again , this durities cordis , never went so far as that the woman might put away her husband , but only the husband his wife , and that only in the case of adultery ; & if it had been otherwise , it had but a late begining , a bad foundation : for our saviour saith , matt. . . in principio autem non erat sic , it was not so from the beginning ; and a hard heart is but a bad foundation for a good christian to build upon . i will conclude this application with words not of my own , but of saint paul , which words are a commandment , neither is it i ( saith the apostle ) cor. . , but the lord , that gives you this commandment , let not the wife depart from her husband ; no , if shee be an heretique , or which is worse a heathen ; if the woman hath a husband which believeth not if he be pleased to dwell with her , let her not leave him : cor. . . if i would resist my soveraign in any kind , it should be ●or my religion , but when my religi●n tels me that i must not resist him in ●ny case ; then i think i should but doe ●in doing so ) like the boasting jew , ro. ● . . who boasted of the law , and dis●onoured god through breaking of that law , which he had boasted of : what if some did not believe , shall their unbelief make the faith of god of none effect ? saith paul rom. . . god forbid : no more can the wickednesse of a king , make void gods ordinance of our obedience unto him : our obedience must look upon gods command , not upon the kings good behaviour ; god doth not command things because they are fitting , but it is fit that wee should obey , because he commands them ; neither ought we to have respect so much unto the goodnesse , as unto the authority of a king ; for kings do not consist in this , that they are good , but in this , that they are kings ; for as it is possible for one to be a good man , and a bad king , so it is often seen , that a bad man may be a good king ; and it is an observation here at home , that the best laws have been made by the worst of kings . it is an observation , that divers kingdomes have long continued in peace and happinesse under bad lawes , and worse governours . well observed ; when unwarrantable attempts to better both , and inconsiderable courses to mend all , hath brought all to ruine and confusion . he that sets a kingdome in combustion , to advance his own opinion , and preferre his private judgement , doth but set his house on sire to roast his egges . god makes kings of severall conditions , sometimes he gives a king , whose wisdome and reach in government is like sauls , head and shoulders higher then all the people : and then , when we have wise kings , and learned judges , psalm . . we shall be sur● to have all those breakers of their bonds asunder , and those casters away of their cords from them ; verse . to be bruised with a rod of iron , and broken in pieces like a potters vessell ; verse . sometimes god will send us a little child , sometimes a child in years , otherwhile a child in understanding , which of both it be , vae regno ( saith sol. ) cui puer dominabitur ; woe to the kingdome , over which a child reigns . for then the whole kingdome is sure to be put upon the rack . sometimes god in his ●udgement sends a tyrant amongst us , 〈◊〉 will set an evil man to rule over them , saith god himself , & then we are never in hope ●o be from under the lash ; and some●imes in mercy he sends meek and ●hild princes ( like moses ) who carried his people in his bosome , one that shall only make use of his prerogatives , as christ did of his miracles in cases of necessity ; one who shall say with the apostle saint paul , ● i have no power to doe hurt , but to doe good , to edification , but not ●o destruction : one who shall continue his reign , as saul began , videre ne quid sit populo , quod fleat , who will hear and ask why do the people cry ? deserve well and have well ; shall we receive good from the hands of the lord , and shall we not receive evil princes ? though they be ●amarae sagittae , yet when we consider that they are edulci manu domini emissae , wee should not refuse them , but be contented with whomsoever his mercy or his justice sends , or throws upon us : never was there a bad prince over any people but he was sent by our heavenly father for a scourge to his children ; and shall we kisse , or snatch the rod out of our fathers hand ? to conclude , there is nothing can disoblige the people from their king , because his authority over them is a domino , from the lord , bu● their obedience towards him is prop●e● dominum , for the lords sake ; though i● himself there be all there asons that ca●● be given to the contrary , many will be glad to hear the father of their country , say , i and the lord will go , and to be sol● elect , and to hear his father tell him , de●● providebit , as abraham said to his son isaac ; but if he takes fire and sword in hand threatning his follower , how many followers will he have ? i had rather , with isaac , follow my father ● know not wherefore ; and with abraham , obey my god , contrary to my own nature , and beyond all hope , then to serve so great a god and his vicegerent by rules drawn by my own fancy and reason . chap. x. psal. . . touch not mine anointed , meant by kings . by the words touch not mine anointed , is meant kings and princes : neither ●n any other interpretation , whatso●●er , be obtruded upon this text , with●●t a great deal of impudence and igno●●nce ; if there were no other argument 〈◊〉 be used but this , to a modest man , it ●ere sufficient . viz. that not any ●hurch , nor any church-men , nor ●●y christian , nor any father , nor any ●xpositor whatsoever , did ever give it ●ny other interpretation , before such ●●me as the jesuite and the puritan , and ●●ey both at a time , and that time , bea●ing not above years date neither , ●egan to teach the world that it was ●awfull to murder kings ; and no mar●ell if this found some querke or other ●o turne the streame of scriptures sence , ●ut of its proper channell , and constant course ; the two birds of a feather , persecutors of one another , like two fighting cocks who quarrell among●● themselves , being both of the same kind , and yet both agree in taking councell together against the lord and against his anointed : or like pilate and herod they could not agree but in the principles of condemning the lord● christ . but it is objected , that as a little child upon a gyants shoulders , may see farther then the gyant himself , so a weaker understanding comming after those fathers , and taking advantage of such helps , getting up upon the shoulders of time and learning , may see more then they did , or hath been seen in former ages ; and therefore it is no wonder , i● a man without aspersing himself with the least immodesty , may pretend to set more , then all those who went before him had observed , and what hath this child pick-a-poke spied ? a birds-nea●●● can there be a simpler thing imagined , whereby to give impudence the chaire , and throw all the antient fathers flat upon their backs , then this so common and so much approv'd of instance to usher innovation , not only into the church , but also into the very soul of scripture it self ? for what if it be granted , that a child upon a gyants shoulders sees further then doth the gyant himself , doth the child know better what he sees then doth the said gyant ? must not the child aske the gyant what is what , of all that he beholds ? must not the child be informed by the knowing gyant , of the difference between the mountaines & the vallies , the water and the skie , a cock & a bull ? if the child be thus ignorant , what doth the childs getting up upon the gyants shoulders advantage the child in points of controversie ? except it be such a child as saint christopher had got upon his shoulders , that was judge of all the world : if the child be not so simple but understands all these things ; then believe me he is no child in understanding , but a gyant himselfe in knowledge , and so the similitude , the child , and the gyant come tumbling all down together ; seat a child never so high , he is but a child still , and sits but at the feet of a gamaliel , when he is upon the shoulders of a gyant ; no child was ever thought worthy thy to pose all the doctors , but the child jesus . now to clear the text from those blots and blurs that are throwne upon the words , going before this text of scripture , touch not mine anointed , viz. i have reproved kings for their sakes , ergo , the word anointed could not betoken kings , because kings were reproved , for their sakes who were the lords anointed : now say they , the word anointed must necessarily signifie the people of god , for whose sake these kings were reproved , and so it doth ; but yet my corahmites , dathamites , and abiramites , you must not thinke to be all alike holy unto the lord , as that ye are all concern'd in this nolite tangere : there is no question but that in some sence the elect of god are anointed ones of the lord , but not peculiarly the lords anointed : they are filii olii , sons of oyl , as the prophet termes them , but not christi mei , or christi tui , or christi ejus , or christi domini , which were attributes that were never given by the holy ghost to any but to christ , and kings : the priests who were anointed ( really ) never were term'd in scripture the lords anointed , and the proudest , and most ●ebellious people that ever were , whose ●rrogance claim'd an equality with , ne●er ( in sacris ) strove to be above their priests . now if you expect clearnesse ●n the fountaine , do not ye trouble the ●aters , and you shall behold the springs of truth arise ; 't was the elect and ●hosen of the lord that were here meant by anointed , and it was the seed of abraham , and it was not kings that were meant by this word anointed in the text . but it was not all the elect of god , that must not be touch'd , it was not all the seed of abraham who have this noli me tangere about them , but it was abraham , isaac and jacob , for whose sake god reproved kings , as they are plainly nominated in the same psalm , and none else ; if there be mention made of the seed of abraham , isaac and jacob were the seed of abraham ; who were else mentioned ? and though we cannot comprehend these three under the notion of nominall kings , yet we may be pleased to consider them as reall princes , principi dei es inter nos , as it was said to abraham , thou art a mighty prince amongst us , so kings may be reproved for their sakes ; they may be kings too , and yet the lords anointed for whose sake kings were reproved , for we doe not dispute about the name , but the thing : now wheresoever you find this word nolite tangere , you shall find this word , saying , going before it , which of necessity must have some reference to some other place of scripture to which it must allude , and in reference to which it must be spoken , for the word , saying , makes it rather a question of some authour , then the psalmist's own , this allusion you may easily perceive , gen. . . where it is set down , how that god touched the heart of abimelech king of the philistims , in the behalfe of isaac , one of the three named in the psalm ; so that king abimelech charged all his people , saying , he that toucheth this man , shall surely die : so abimelech and king herod were both reproved for abrahams sake , gen. . . and to what place of scripture can this nolite tangere be more aptly applied , then to this , where we find the same words reiterated ? or what clearer testimony can be given of the scriptures alluding to this saying , touch not mine anointed , then to gen. . . where totidem verbis , it is said to abimelech in the ●ehalfe of isaac , we have not touched thee ●●ou blessed of the lord ; what difference ●etween these words , and touch not mine anointed ? besides the marginall notes of all our bibles directs us to abraham , isaac and jacob , as to the anointed of the lord , ●nd as the princes of gods people , which must not be touch'd , and for whose sakes kings were so much reproved ; the word , king , in the text , doth not exclude ●hose who were princes , but it only includes those princes who were called kings , and were reproved for their sakes who were kings themselves re , though not nomine so that all the ground that will be gained hereby , will be , that one prince was reproved for another , though not called kings . to conclude , as no christians ever interpreted this place of scripture but of kings and princes , untill jesuites and puritans , undertook that it is lawfull to murder kings : so no english author ever interpreted it otherwise , till within this or years ; when presbyters and independents began to put this doctrine in execution , and if the former of these two would wash their hands in innocency , as relating to this last unparallel'd act of regicide , let them remember charls the proto-martyr of gods church , and people , his own words , in his book of meditations , wherein he tels them , how vaine is the shift of their pleading exemption from that aspersion , to grant commission for shooting of bullets of iron and lead in his face , and preserving him in a parenthesis of words . chap. xi . objection . rehoboam hearkened unto young men which gave him evil councell , and would not hearken unto his sages which gave him good advice , but answered the people roughly , wherefore they renounced the right they had in david , and the inheritance they had in the son of jesse , fled to their tents , and crowned jeroboam king : ergo , we may doe the like upon the like occasion , hahaving a president from the word of god , and warrantable , because god said , this thing was from the lord , kings . . answer . all this proves only that such a thing was don , not that it was well don ; for if it be a sufficient proof to prove out of scripture , that such a thing was don , and thereupon conclude that therefore we may do the like , then this is as good an argument as the best , judas betraid christ , therefore it is lawfull for a servant to betray his lord and master ; first , the scripture blames him in a most patheticall climax , kings . . jeroboam the son of nebat , the servant of solomon , whose mothers name was zeruah , even he lifted up his hand against the king , shewing how he had desperately run through all those obligations , and ties that were upon him ; ly he & al his adherents are called rebels for their paines , not only by abijah his enemy , but also by the holy ghost , who is enemy to none who are not gods enemies , chron. . . and israel rebelled against the house of david unto this day , his adherents were termed in scripture ●aine men , and sons of belial , they were punished with a destruction of five hundred thousand of them , which was one hundred thousand more then there were true subjects for the slaughter , the scripture saith , god smote abraham , verse . if it be objected , that the thing could not but be well done , because god saith , kings . i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom from the house of david , and gave it thee : then it could not but be well done of rehoboam ( by the same reason ) to answer the people as he did , for it is written , that rehoboam hearkened not unto the people , for the ●ause was from god , that he might performe the saying which he spake by abijah unto jeroboam the son of neba● , kings . . both were passive , and neither of them could resist the will of god ; but these places of scripture are often times mistaken , and misapplied , and interpreted either by those who are not well acquainted with the nature of scripture language , or else by those who wilfully and wickedly laid hold of such a meaning as the scripture may seeme to give them leave ; for all these and the like places of scripture we must no● take as gods beneplacence or approbation , but only for his permission , for ●therwise we should make a mad piece ●f worke of it , for god said , sam. . ● . i will raise up evil against thee out of thine 〈◊〉 house , and i will take thy wives before ●●ine eyes , and give them to thy neighbour , ●nd he shall lie with them in the sight of the ●●n : doth this justifie absolon for lying with his fathers wives and concubines ●n the sight of all israel ? is there any euil ●hat i have not done it , saith the lord ? therefore did the citizens do well to do evill , because the lord said , i did it ? god did it , that is to say , he caused it to be done , as the evill of punishment , not as the tolleration of evill , so this thing was from the lord , that is to say , the lord suffered such a thing to come to passe as a punishment of solomon for his idolatry on his posterity , and yet may no way approve of any such rebellious courses : neither was rehoboam so much to be blamed for his answer , as may be supposed , nor the people justified in their rebellion neither , for they grounded their discontents upon a false ground , for the people complained when there was no cause , and demanded that which was not reason ; hear the whole grievance and consider it a little , kings . . thy father made 〈◊〉 yoake grievous ( that was false ) do t●● make it light ( no reason for that ) fo● the people never lived happier neithe● before nor after , then they did in thi● kings fathers time , and might have done in his time , if they had know● when they had been well , and god● judgements would have suffered them to have seen it . for , . they were a populous nation , as the sand on the sea for multitude , kings . . . they liv'd merrily eating and drinking and making merry . . the nation was honoured abroad , for solomon reigned over all the kings that were round about him , verse the . . they lived peaceably , they had peace on all sides round about them , verse . . they liv'd securely and quietly , every man under his owne vine , and under his own figtree . . they had much trading in his dayes , and much merchandize , kings . . . he was very beneficiall to those merchants , for he gave solomon , not only large wisdome , but largenesse of heart , and let those merchants have commodities from them at a price , ver. . . he maintained a brave fleet at sea , kings . . . he made silver and gold to be in jeru●●●em as plentifull as stones , and cedars as ●●amore trees , chron. . . . these felicities were not only in the ●●urt , or among the nobility , or between the ●●tizens , but they were universall , even from ●an unto beersheba . . they were not for a spurt and no more , 〈◊〉 at one time and not at another , but all the ●●yes of solomon . o me prope lassum juvate posteri . neither doth the scripture make any ●ention of any such hard yoke at all , ●nly the margent of the bible directs ●s from the complaint of the people , to ●ooke upon the first chapter of the kings verse . and there you shall only find how solomon had officers over all israel , which provided victuals for the king and his houshold , each man his moneth in a year , but here is but a very slender ground for a quarrell , when the immediate verse after the naming of those officers tels us , that the multitude of people as numberlesse as the sand upon the sea shore , were● merry eating and drinking as the kin● and this place unto which we are di●●●cted ( and no other ) to find out t●● grievousnesse , appears by the context ● the same chapter , to be mentioned 〈◊〉 an expression of solomons glory and wi●dome , rather then of any tyranny , 〈◊〉 polling of his people : for the whole r●lation ends with an expression , that 〈◊〉 the people were as the sand of the 〈◊〉 for number , so the largeness of the king● heart extended as the largenesse of the sea for bounty , all were partakers of it , kings . . pardon me therefore if i thinke that rehoboam had more reason 〈◊〉 answer the people as he ●id , then the people had just reason to complaine . o ●●titudo ! o the unserchable wayes of god where god suffers his people to be ● rod to visit the sins of the fathers upo● the children , he permits them to take a wrong cause in hand , that he may also cast the rod into the fire . i pray god the merchants of london b● not too like those merchants of jerusalem , who traded so long , untill they brought over , together with other merchandize , apes and peacocks , and the traders begin to be too like their traffique , apes for manners and behaviour , peacocks for pride , and rusling untill the apes grow to be so unhappy , as to be brought to their chaines , and the peacocks , so vaine glorious , as to loose their feathers : and so i leave them both , tasting the fruits of their own follies . chap. xii . the objection of jehu slaying his master joram answered . objection . thus saith the lord god of israel , i have anointed thee jehu king over the people of the lord , even over israel , and thou shalt smite the house of ahab thy master , that i may avenge the bloud of all the servants of the lord at the hands of jezebel , ergo , if a king be thus wicked , we have gods warrant , for the deposing and putting such a one to death . answer . but stay untill you have this warrant , and then we will allow it to be lawfull ; for though every one is apt enough to be a jehu in his own case , yet every one is not a god-almighty , we must not clap his seal to our own warrants ; what god commands at one time , we are not to make it our warrant to doe the like at all times , this is a prerogative of the almighty , no priviledge of a subject ; god may command abraham to slay his son , but we must not go about to murder our children ; god may command the israelites to spoile the egyptians , but we must not rob and cosen our neighbours ; christ may give order for the taking away of another mans goods because the lord hath need of it , but we must not make necessity our pretence for arbytrarie power ; these acts of the almighty are specially belonging unto him , and we must have his speciall warrant before we go about any such thing . but setting all such plea aside , i utterly deny that either jehu did , or that ●od gave jehu any such authority as to ●ay king joram . jehu slew joram , but ●ehu did not slay the king , for jehu by ●●e lords immediate appointment was ●ing himself , before ever he laid hand ●pon joram ; joram was but then a private ●an , for in the verses going before , it 〈◊〉 set down how that jehu was anoin●●d king , how he was so proclaimed , ●nd accordingly how he took the state ●f a king upon him and executed the ●ffice : kings . . before ever any ●ention is made of jehu slaying joram , ●●rse . therefore here is no regicidium , ●s yet here is but plaine man-slaughter , ●nd a lusty warrant for that too ; again , ●e must not ▪ only take heed of unwar●antable actions , but of false warrants , the private spirit is no sufficient war●ant to lay hold on such a publique ma●istrate ; as there are false magistrates , ●o there is a false spirit , for an erroneous ●pirit may as well condemne a good magistrate , as a bad magistrate may be ●ondemned by a good spirit : but there may be a higher mistake then all this , ●nd i wish it were not too common amongst us now adayes , to mistake the workes of the flesh , for the fruit of the spirit : let us compare them both together , as the apostle hath set them i● order . the works of the flesh . adultery , fornication , vncleanness , laciviousness , idolatry , witchcraft , hatred , variance , emulations , wrath , strife , seditions , heresies , envyings , murders , drunkennesse , revellings . the fruit of the spirit ▪ love , joy , peace , long-suffering , gentlenesse , goodnesse , faith , meekenesse , temperance . by which of these two was charls the first's head cut off ? chap. xiii . of the necessity and excellency of monarchy . a jove principium , let us begin with heaven , and behold its monarchy ●n the unity of the blessed trinity ; ●hough there be three persons , yet there must be but one god : for the avoiding of that which we are fallen into , a confounding of persons , and dividing of substance . descend lower , and consider the angels , and you shall find one arch-angel above the rest , as the angels monarch . lower yet , to those senselesse and inanimate rulers of the day and night , the sun and moon , and you shall not find ( or so much as the appearance of such a thing ) more suns or moons in the same firmament then one ; without a prodegie or portent , of some dire , and direfull event . come down to the regions and you shall find in the head of the highest region a prince of the aire . come to the lowest and you shall find amongst the wing'd inhabitants thereof , the soveraigne eagle , as the king of birds . come amongst the beasts of the field , and the lion will soon let you know , that there is a king of beasts . run into the sea , and there is a king of fishes . descend into hell and there is a prince of devils : and shall only man be independent ? do we not observe the delving labourer what paines he takes to joyn house to house , and land to land , til there be no more room for any competitor within his dominions ; and when he hath wrought his petty dunghils into a mixen , he thinkes it law and reason , that the place should not admit the dominion of more cocks then one , this mans dies a monarch in his own thoughts , and his son lives to inlarge his fathers territories , but at last dies big with thoughts of a principality , his son laies hold of all the advantages that may help him to the accomplishment of his hereditary desires . juno , lucina per opem obsecro , he is a prince , caelo timendum est regna ne summa occupet qui vicet ima , he must be an emperour , divisum imperium cum jove caesar habet , he must have all or none , none but jupiter must share with him . mundus non ●ufficit unus , when he hath all , and when all is done , the empire after that it hath disimbogu'd , and incorporated into it selfe , all the kingdomes of the earth , terminates in an everlasting kingdome , that shall never be destroyed ; quam primum appropinquaver at regnum caelorum , as soon as the kingdome of heaven shall be at hand : and what 's all this ? but to shew us that not only nature , but god himself , who is the cod of nature , affects monarchy . the further off any government is to monarchy , the worse it is , the nearer the better ; the reason 's thus , that government which avoids most the occasion of differences , must be most happy , because most peaceable ; and peace only consists in unity : now where there are many governours there must be differences : where there are few , there may be differences : where there is but one , there cannot . the romans , when they shooke off their government by kings , and were distasted with their government , for their governours sake ; tried all the contraverted governments of the world , of two by their consuls , of three by their triumvira● , of ten by their decemviri , of ten thousand by their tribunes : when they found that the farther o●● they departed from monarchy , the center of all government , the more they lost themselves in the the circumference of their own affaires , they began a little to look back upon the government from which they had deviated all the while , but yet with squint eyes ; first , a king , and no king , a thing that was like a king , but not a king ; a thing that was so re , and tempore , but not nomine ; he must be only so , pro una vice , unoque anno , such were their dictators : at last this sucking government gathered strength , and grew to be perpetuall , which perpetuity in one , begot an everlasting monarchy in all ages , which is to continue unto the end of the world ; for the prophet daniel tels us , that at the end of the last and fourth monarchy , which was the roman , christ should sit upon his everlasting kingdom that should never be destroyed ; therefore my enthusiasticks , must either leave dreaming of pulling down all kingdomes , and empires in the world , or else thinke themselves the kingdome of christ , that we have pray'd for all along . neither is it unworthy of your observation , that as soon as ever this monarchy was restored , there was universall peace over the whole world ; and the saviour of the world , who was princep●● pacis , vouchsafed not to come into the world , under any of the forementioned governments ; but imperante augusto natus est christus , who was the first emperour of the romans . he who affects purity , let him begin it in his own house , and as he likes it in the modell , so let him attempt it in the fabrick : for my part , i have read their arguments , and am so far from being evinced by any of them , that i do not believe that there is any such thing : i have been in all the common-wealths in europe , & i could not find any such thing as a free-state , i could find the word , libertas fairely written over their gates , but within ther wals the greatest bondage & arbitrary power that could possibly be imagined in any part of the world , but no liberty at all that i could find , but only some few there were , who had liberty to do what they would with all the rest . geneva may of six , genoa may have seven , venice may have eight , the holla●ders nine or ten , england may have five members or leading-men as they call them ; but what 's all this but taking the government from off its shoulders , and putting it in some hand ? and when you have done , its ten to one but you shall find one of the fingers longer then all the rest , and if you please you may call that king , and all the rest subjects ; what 's this but a change from a monarchy with one crown , to a tiranny with so many heads ? if it were so that all free-states , as they call themselves , had all equall power , it would be so much the worse , all these kinds of government have their continuation and subsistance upon this only ground , viz. that necessity and craft drive them to come so near to monarchy , and sometimes to an absolute monarchy , when you reckon your hog and mogons only by the pole , and not by the polar star , that commonly is fixed amongst them , about which , all the rest move and turn . but what do we talke of monarchy or aristocracy or democracy , behold a wel regulated parliament , such a one as ours ●ight have been , and ought to be ; hath the benefit and goodnesse that is in all ●hese three kind of governments , of monarchy in the king , of aristocracy ●n the peers , of democracy in the house of commons , where the acerbities of any one is taken away by their being all three together , but if one will be all , ●hen all will be nothing . this stupendiously wise , and noble way of government had its dissolution by inverting the course it took in its originall . when the first william had conquered the nation , the normans would not admit that any laws should be observed , or rules obeyed , but only the will of the conquerour ; and why so ? but because thereby the conquerour might take away the estates of any english-man , and give them to his conquering normans ; but in process of time ; when these normans became english , they began to insist a little upon m●um and tuum , and would know the what that was belonging to the king , as a king , and to themselves as subjects ; for by the former rule , the king might as well take away the estates from one norman , and give it to another , as he did formerly from the english , and give to his normans ▪ wherefore they would have no more of that , but joyntly and unanimously petitioned the king to the same effect , the king thought it reasonable , condescends to their desires , consultation was about the premises , the result of the consultation was , that the king should issue out writs to the lords spirituall ( who in those ) dayes were thought the wisest and most consciencious ) to reason with the king , and advise with him , as well concerning the bounding of the ocean of soveraignty , as bridling in the petty rivers of private interest . these spirituall lords thought it a work of too high a nature for their private undertakings , wherefore they supplicated his majesty , that the lords temporall might be also summoned by writ , and joyn with them in the same authority ; 't was done accordingly ; being done , they both thought it a businesse so transcendent , and of so universall concernment , that they found a way to involve the whole nation in a joynt consent , which was , that all free-holders in the kingdome , in their severall precincts , might by the election of two in every county , disimbogue all their suffrages into theirs , and to remaine the countries proxies , to vote for , and to be directed by their several countries ; and thus the commons were brought in : but behold the viper , that eats through the sides of its own parent ; behold the asses foale , who when she hath done sucking , kicks her own dam . the king brings in the lords spirituall , the lords spirituall bring in the lords temporall , both bring in the commons , the commons destroy both , both destroy the king . neither was kingship ( as they call it ) and episcopacy better rewarded , for being the principall , and so zealous reformers of the gospel , to have both their crowns and miters broke in pieces by the same hammer of reformation ; and the wals of their pallaces mingled with abby dust , casting thereby such a blot upon the very name of reformation , that it will scarce be legible by christians , except what went before , and what may follow after , may help the future ages to the true sence and meaning of the word : thus rivers run backwards and drowne their own head ; thus the monsterous children who are borne with teeth in their mouthes , bite of the nipple , and starve themselves for lack of sustenance ; thus blind sampsons revenge themselv●s upon their enemies , by pulling downe the house upon their own heads ; thus the formes of the most glorious government of a church & state , are wounded to death through the sides of reformation : if you are not , i am sure you will ere it be long be satisfied , that all the specious pretences of popular government , free-state , liberty of the subject , are but figments and delusions of the people , obtruded by vaine-glorious and haughty men , who knowing that they could not be that one governour of all the rest , yet they hope to be one of many ; thus foolish children set their fathers barnes full of corne on fire to warme their hands , when they are ready to starve for lack of bread : who had not rather live under a government , wherein a man i● only bound to submit to him , whom it is honour to obey , then to live under a government where every man is a slave , because every one is a master ? finally , my opinion is this , i had rather have my liberty to kneel before a throne , then 〈◊〉 be the tallest man in a crowd , and should ●●inke it more for my ●ase and honour . chap. xiv . that there is no such thing as a free-state in the world . if by a free-state , you mean a people who have shook off their allegiance to their prince , there are many such free-states to be found , but a beggars-bush , or a company of gipsies ( who propound to themselves new laws , renouncing the old , and yet chuse a king and queen amongst themselves , pleasing one another with a selfe-conceited opinion of a thing they call liberty , which is no otherwise then an ignoble bondage of their own chosing , preferring the correction of a bundle of rods ( because their own hands have made them ) before the sway-meant of a scepter , which god himself hath put into their soveraignes hand ) is as good a common-wealth , or free-state as the best : but if you mean by a free-state , a freedom from tyranny , you will be as far to seek for any such thing in rerum natura , as for a reason why tyranny may not be in many , as well as in one : but if you mean by freedome an exemption from all such tyrannicall oppressions as are expressed in the petition of right ; i see not why such a free-state may not be under a monarchy : certainly i have seen such petitions , and insistances , during the late kings reigne , as having relation to free-born people of england , and should thinke that the magna charta defended by one , who had power to make it good against the infringement of many breakers , and by a parliament of many , authorized to the same purpose against the pessundation of it by any one , be it by the highest , may not be as good a way to make , preserve and keep a nation free , as well as the intrusting of a nations freedome into the hands of a few , whose independency deny all remedies to be either above them , or below them . it may be it will not be thought tedious , if i entertaine your eye and consideration with some observations of my owne , in those free-states of christendome ( as they call themselves ) wherein i have been . i shall begin with the free-state of genoa , wherein i have been resident some time , and the rather , because whilst england was a kingdome , they could not have the face to stand in any competition with us ; but now the kings armes were cut off as well as his head , how should we do to make a distinction between them and us ? for both the state of genoa , and the state of england give the very same coat of armes , and saint george i● both our patrons : certainly england must give the halfe-moon as the younger brother ; and why should not the moon crescent follow after , now the turkish alcoran is come before ? when the overspreading romane monarchy , like nebuchadnezzars overgrown and lofty tree was brought only to a stump chained to the ground , and when the keyes of heaven and hell had so wel fitted the locks belonging to the gates of rome , as to give way to the enterance of that high priest into the imperiall seat , then was genoa a lop of that great fall , and soon after it was wrought into a bundle or faggot of a common-wealth , untill such time as charls the great recovered all his right in italy , saving only the holy land , whose princely sword could never strike at the already cloven miters , but at helmets . amongst other counties whose subduements , acknowledged charls to be the great , genoa was one ; which city was no lesse happy then famous , in affording a man who honoured her wals , with making it known unto the world , that he came out of them under the name of andreas dory , a genoese ; this famous andreas dory was a zealous common-wealths-man , and one of the new gentlemen , as they call'd themselves , ( for you must understand , that when these states-men had shooke off the yoke of soveraignty , they expelled all their gentry or nobility ; which no sooner done , but they made a new gentry or nobility amongst themselves ) and being a deserving man , the emperour charls the great , will'd this andreas dory to aske and have what he desired of all that he had conquered : he asked genoa , the emperour gave it him , to do with it what he pleased , he gave it ●●e citizens , together with all their ●iberties , and former freedomes , upon ●●is condition , that they should recall ●●e old gentry in againe , and settle ●●em again in all their rights and privi●edges , which being assented unto , ge●oa became a free-state againe ; but be●old the freedom , or rather the power ●nd bonds of love and gratitude , nei●her the old or new gentry , nor the common people , would allow of any ●hing that was said or to be done , but what this dory should command or say : ●or was there a more absolute and pow●rfull monarch upon the earth then he ; ●nd whilst he liv'd he did continue so , because the people would obey : who being once dead , the people soon found they did obey , because they must : yet still it must be a free-state , because libertas was written over the senate-house , and city-gates , but neither within their senate , or their wals , was there ever such tyranny over the common people , or the citizens , then hath been all along , and is at this day practised by some few , who spit monarchy in the face , and make no bones to swallow down all its adjuncts ? exercising their severall tyrannies with this justification , that they are the supreme authority , whilst they deny supremacy ; gulling the people into a sottish beliefe , that they are not suppressed by one hand , because it hath many fingers . i shall instance unto you one particular , which was done whilst i was there , whereby you may easily judge in what free-state their commons live ▪ there was a substanciall citizen , between whom , and a noble genoese there was some grudge , this senator studies a revenge , and thus he intends it to be put in execution . he gives command to one of his braves ( for so they call their executioners ) to kill this citizen : this slaughter-man ( being by reason of some former obligations ) struck with some remorse , of doing so high an act of ingratitude , to one , who had so well deserved at his hands ; discovers the whole plot to his so much acknowledg'd patron , who very much acknowledges and commends the ingenuity of this discoverer ; bids him to follow him where he leads him over a trap , where the leader knew full wel how to order his steps , so that he might advance safely over the place , but the follower ( ignorant of these observations ) must needs fal down a precipice , no lesse terrible , then destructive ; the poor man is slaine : this perfidious murderer watches his opportunity of meeting this designer of his death , in the merchato , and gently takes him by the arme , and desires him that he might speak a word with him ; they withdraw themselves out of the walke to a private corner : the citizen tels this noble-man that his servant had betraid him , in discovering his design to him on whom it should be executed ; in detestation of which perfidiousnesse , he had given him the reward of a traytor ( declaring the manner and forme as is expressed ) and desired in all humility that he would be pacified , and that whatsoever differences were between them , that he would bepleased to be his own judge , whereupon they both became friends , no lesse satisfaction being acknowledged by the one , then ingenuity on the other party . such shifts as these , are these free-borne people faine to make , to appease the wrath and fury of their lords and masters : in a word , as their territories is no otherwise then a continued breach of three hundred miles along the sea-shore , so the inhabitants live no otherwise then do the fishes in the sea , the greater fishes devour the lesse ; so where there is no king in israel , every man doth that which is good in his own eyes : it cannot be otherwise . from thence i went unto the free-state of lucca , and there i found the free-men to have six princes every year ; and the senate chusing six men , who elect a prince for the common-wealth every two moneths ; this prince ascending his throne up these six steps , acts what he pleaseth : nor have the common people any more liberty , then the most rigid calvinist will allow a papist , free-will : neither is there any other difference between this government of the free-state of lucca , and the empire of germany ; but that the one have so many prime chusers , and the other so many prince electors , the one keeps it within the house of austria , and the other keeps it out of the house of the medices . i went from thence unto the ancient common-wealth of venice , whose government ( if in any ) i should approve of , because they never revolted from a better : but yet i must tell you , that at my first enterance into that city , i found the people full of complaints , of the heavy taxes , exorbitant power and arbitrary government , which seized upon all their plate , and what other goods of value they had , for the use of the state , toward the maintenance of a war , which was both foolishly begun , and most carelesly run into by their trustees , or representatives ; for the pope of rome had certaine intelligence that the turke was preparing to make war against some part of christendome ; the pope sends to all the fronteir princes of christendome , advising them that they should all agree as one man to make it their own case , and that they would assist one another , on what part of christendome soever the storme should fall , and that the severall embassadours would take it into consideration , about proportioning every prince or state according to their abilities , for their severall supplies of men and money ; to which they all soon condescended , except the venetian , who told the rest , that there was a league between the grand seigniour and the venetians , and therefore they were not t● fear any such war to be intended against them ; to which it being demanded , that if the turke prevailed against other parts of christendome round about the venetians , whether they thought he would let the venetians alone at last or whether the venetians thought so or no● , whether they did not thinke themselves bound in honour and christianity to defend their neighbour-christians against so common an enemy ? to which it was answered , by the venetians , that the very entring into such a league and covenant with them , were enough to break the peace between them and the turke ; whereupon the juncto was dissolved , and every tub was faine to stand on his own bottome : but it fell out , that ( by the machiavillianisme of the card. richlieu , who taught and perswaded the turke to break the league between him and the venetians , because he would not have the venetians to lend the emperour so much money , but would find them wayes how to disburse it otherwise ) the turkes waged war only against the venetians , and none else , whereupon they were faine to endure the whole brunt of the war themselves , and had no body to help them : this being so grievously found fault with by the common people , and their goods taken away , ad placitum , their persons prest de bene esse , whether they thought so or no : i would faine know what liberty these people had , who could find such faults without remedies , and lose their goods without redresse ? what liberty is there in having freedome in the state , and none in the condition ? i shall part with my children with tears in mine eyes , and through the same water behold the word , libertas , written upon the rialto ; what am i the better for this freedome ? am i robbed of all my money , because one thief takes it away ? and am i not rob'd because six or seven layes hold upon me ? believe it , i never heard such complaints , neither in the king or parliaments time , of oppression and tyranny , as i heard in this city during the time that i was there ; and this not only during the war , but also in the times of peace , five or six men rule the whole state , and it may be the prince none of them neither . i shall relate unto you a story of one loridan a noble venetian , who keeping a curtisan , on whom he was intended to bestow a favour , he went into a rich shop for to buy her some cloth of gold to make her a gowne , the prentice was only in the shop , whom he commanded to cut out so much of such a piece as the taylor gave directions , which done , he will'd the prentice to tell his master , that he would be accomptable to him therefore ; the boy excus'd himself , it being but a servant , and not having any such directions from his master , not doubting , but that if his master were there , he would willingly trust him for what he should be pleased to command ; the noble venetian takes his leave , willing the boy to tell his master , that he should rue the day that ever he kept such a sawcy boy to give him such an affront , and so departed in great fury : the master of the shop presently comming in , and hearing the relation of what had happened , tore his haire , wrung his hands , stampt upon the ground , and like a mad-man cryed out that the boy had undone him , and and all his posterity ; takes the whole piece with him , follows this noble venetian to his curtisans , offers to bribe the curtisan with the whole piece , if she would intermediate for him ; which with much difficulty , & many pleadings she so appeas'd his wrath , that he was satisfied : and this was as common for a senatour of venice to do , as for a parliament-man to pay no debts . neither is there any law or justice to be had against any of these states-men : there was a noble-man who was an austrian both by birth and family , who being a traveler , chanc'd to cast his eyes upon a fair and virtuous lady , who in every respect were deserving of each other : this noble-man had no sooner made his mind known unto this paragon for beauty , but he was soon obstructed with a corrivall , who was a nobile venetiano ; who perceiving his mistresse affections to this stranger , to be more liberally expressed then unto him , contrives his death , and soon effects it , shee loving her martyr more then either others conceived , or shee her self could brook so great a crosse concerning them , studies revenge , and being an italian found her selfe easily prompted by her own naturall inclination , she pretends much love , that she might the better put in execution her greatest hatred , shee gets him into a chamber , where shee praies him to rest himself in a chair , wherein he was no sooner sat , but his arms and thighs were caught with springs , & being thus fastened , shee murders him with her owne hands , and flies for sanctuary to the next nunnery within the popes dominions , leaving behind her , by the murdered , these words , written with her own hand in a piece of paper , because there is no justice to be executed against a noble venetian , i have been both judge and executioner my self . men may talk what they will , and fancy what they please , but there is no more difference , in point of freedom between a monarchy and a free-state ( as they call it ) then there is between a high sheriffe of a shire , and a committee of a county ; v●rum horum mavi● accipe . now for the free-state of our neighbour netherlands , otherwise called the states of holland ( who have sprung up ( as all other free-states will do at last ) from the submissive and humble stilings of the distressed , to the high and mighty ) the particulars which occasioned their revolt from their soveraign the king of spain i shall not insist upon , but referre you to the spanish and netherland histories ; only i shal hint upon the main inducements to their rebellion ; viz. religion and freedome . for the first , there is not a people amongst whom the name of god is known , to whom religion is a greater stranger , then unto these stilers of themselves , reformed protestants ; for if this free-state , who allow all religions both of the jews and gentiles , whose severall churches own , in capitall letters over their doors , the severall s●cts of religions , to which each libertine is inclined , be religious , then the pantheonists were as truly reformed and religious as the amsterdamians ; but as he , who sacrificed to all the gods in generall must needs have sacrificed unto the true god , and yet know him not , because he joyned others with him , who was to be worshipped alone : so that country which embraceth all religions , happily may have the true religion among●● them , and yet have no religion , because they admit of many , being there is b●● one : this i speak in reference to the country , not to particular men . neither is there a sort of christians in the world who are less servants unto christ , if it be enough to make them so , to be the greatest prophaners of his day : for the sabbath day is only distinguished from other daies , by a sermon in the church , and the alehouse being full of mechannicks , drinking and carousing from morning untill night , the shops are open , and buying and selling all the day long , excepting halfe the window , which is to distinguish the day , but the door is open to let in the buyers , and the other halfe of the window is open to let in the light : and wonderfully strange it is and remarkable to consider how these people , who shook off their allegiance to their prince upon pretences of reformation , should be so besotted , as to fall into such a strange and unheard heard of prophanenesse of him , and the day whereon christ himself is to be worshipped , as in their metropolis , or chief city , to have a dog ●arket kept to the utter scandall of ●●ue religion , and christianity it selfe , ●●is is no more then what i have seen , ●●d if it were not true , it were easily re●●rned upon my self as the greatest im●●udence that could be imagined ; but o ●●e partiality of the picture-drawer , ●hen he receives large wages for a si●ilitude ! he insults over his own work ●nly because it is like , when the face it ●elf is most abhominable . now for their freedome from ty●anny and oppression ; if the turkes or tartars had conquered them , they never would ( nor never did where ever they extended their dominions ) impose such taxes and rates as they have imposed on one another , incredible ; even to the full value of the severall commodities , which run through their natives hands ; but you will aske me , how it is possible they should live then , to which i answer you , by sharking and cosening of strangers : let any forraigners come there and ask for a dinner , and for such a dinner as they may well afford for eight pence a piece , they will ask you five shillings a man ; find but the least fault with them , and they will demand twelve pence a piece more for fouling of linnen ; and if you seem angry at that ▪ you shall mend your self with the payment of six pence a piece over and above , for fouling the roome : and seeke a remedy , and you shall be told , the prince of orange himself if he were there could not help it : altom all , is all the reason they will give you ; if in sadnesse you shall complaine of such abuses to indifferent judges , they will tell you , that the states do lay such heavy taxes upon the inhabitants , that they are faine to fly to such shifts for their subsistance ; thus men pleased with the itch of innovation , are contented to scratch the bloud out of their own bodies , till they feel the greatest smart ; rather then their physitian should let out a little spare bloud , to cure the disease , and preserve them in good health ; but you will say , that for all this , they thrive and prosper abundantly , so do the argiers men , but with what credit and reputation in the eye of the world ? i believe both alike : it was not their strength or policy , which brought them to this height and flourishing condition : but it was our policy of state , in ●●mulation to other princes , which hel●ed these calfes to lions hearts , teeth , ●nd clawes , untill the high and mighty ●utter-boxes stood in competition with the crowne : and i am afraid the siding with such rebels , hath turned rebel●ion into our own bosomes , as a just ●udgement from that god who is a re●enger of all such iniquities ; they may call it the schoole of war , whilst wanting a good cause , it could be no otherwise then the christians shambles : i should be sorry that holland should be the english-mans looking-glasse : a spur for his feet , or a copy for his hand . i hope the hand of providence will cure us , like the physitian , who cur'd his patient by improving his disease , from a gentle ague , to a high feaver , that he might the better help him . chap. xv . that episcopacy is jure divino . in this discourse i shall not trouble my selfe , nor you with titles , names and words of apostles , evangelists , arch-bishops , bishops , patriarchs , presbyters , ministers , angels of churches , &c. which were all from the highest to the lowest , but tearmes reciprocal ; and were often taken in the church of god , and in the scripture it self , for one and the same : for if any man , though never so meane , a minister of the gospel converted any nation , the church ever called him , the apostle of that country ; as austin , though but a monke , was every where tearmed the apostle of england : and saint paul , being an apostle , stiles himselfe a minister of the gospel of jesus christ : paul bids timothy being a bishop , to do the work of an evangelist ; and therefore no wonder if bishops and presbyters be ●ften mentioned for one and the same : ●ut it is a great wonder that any man●er of men , should make this a ground ●or any argument against episcopacy ; ●hese kind of arguments instead of stri●ing fire that should light the candle , ●hey do but pin napkins over our eyes ●nd turne us round , untill we know ●ot where we are ; and then we grope ●or we know not who , and lay hold ●f we know not what : he that will ●ut down this over-grown up-start tree ●f errour , must first clear his way to the ●oot , and brush away all those bram●les , and briers , which grow about it ; ●e must not leave any thing standing ●hat may lay hold of the hatchet , and ●eviate the stroke , turning the same ●dge upon the feller , that was intended ●or the tree : if we should insist upon ●ames and titles , we should make but a ●onfounded piece of worke , and run our ●elves into a most inextricable labourinth and mazes of errour ; where we might run and go forwards , and backwards , and round about , and nere the near : christs are kings , kings are gods : god is christ , and christ is bi●hop of our souls : bishops are presbyters , presbyters are ministers , a minister is an apostle , an apostle is a minister : and so if you will quite back againe . i must put off these , as david threw away sauls armour , non possum incedere cum iis , i love to knock down this monstrum informe ingens in lumen ademptum , with a blunt stone taken out of a clear river , which with the sling of application may serve well enough to slay this erroneous philistine , though he were far greater then he is . in the first place therefore let as understand what is meant by jus divinum , if any man meanes that episcopacy is so jure divino , that it is unalterable , and must continue at all times , and in all places ; so that where it is left off there can be no church , he meanes to give much offence and little reason ; for there is no question but the church may alter their own government ( so that it be left to themselves to alter ) as they shall thinke most convenient , as well as alter the sabbath from the seventh day to the first of the week , or as well as they chang'd immersion into aspersion of the baptised , and many other things which carried as much jus divinum with them as episcopacy , and yet were chang'd . the jus divinum , that is in episcopall government , doth not consist in the episcopacy , but in the government , be it episcopall or what it will ; but where the government is episcopall , no question but there episcopall government is jure divino , because a government ; and if it were otherwise that government into which episcopacy degenerateth , would be jure divino , as well it , provided that none touch this ark of the church but the priests themselves ; for if the hand which belongs to the same body pull the hat from off the head , the man loses not his right , only he stands in a more humble posture , but he is in as strong possession of his owne right , as when 't was on his head ; but if another hand should chance to pull it off , the party stands disgracefully depriv'd of his highest right and ornament : so if episcopall government of the church be put down , or altered by church-men themselves , the jus divinum is but removed from the supremacy of one , and fastened in the stronger hold of many members , for this is a maxim that admits no posterne ; power never fals to the ground , neither in church nor state , but look what one lets fall , another takes up before ever it comes to ground , wherefore loosing nothing , they keep their own ; but whether this power in church or state in the point of convenience , be better in the hands of one or many , let whose will look to that , that 's not my work ; neither the names of governments nor the numbers of governours shall ever be able to fright away this jus divinum out of the church government , be the government what it will , bene visum fuit spiritui sancto & nobis , keeps in the jus divinum , be the government never so altered , whereas forbidden and improper hands , actions , as unusuall , as unwarrantable lets out this jus divinum , when they have changed it to what they can imagine ; now whether or no it be proper for a lay parliament or a representative of lay-men , by the power of the sword declining the kings authority , will and pleasure , who was appointed by god to be a nursing father of his church , to alter church-government so antient , so begun by christ himself in his own person , over so many apostles , so practis'd by the apostles over others , so continued all along , i mean episcopacy , that is to say , one minister constituted an overseer of many , and to lay hold upon tumults and insurrections , to pull down these overseers , and for men who in such cases should be governed by the church , to pull down the church-government without any the least consent of the church-governours ; i leave it for the world to judge , only my own opinion is this , that any government thus set up , or by such practises as these altered , must needs be so far from being jure divino , that it must needs be jure diabolico ; but it may be objected , that if they should have stayed untill the bishops had altered themselves , they might have staied long enough ; to which it may be answered , that had the bishops been but as poor as job , there would have been no such haste to change their cloathes : the ark was a tipe of the church , and whatsoever was literally commanded concerning the tipe , must be analogically observed in the thing tipified ; god sate in the mercy-seat that was over the ark , the ark contained within it aarons rod , and a pot of manna , so the church containes the law & the gospel , the killing letter and the reviving spirit ; others interpret the rod to signifie the government and discipline of the church , as the manna the doctrine of christ , and food that came down from heaven : i take it to signifie both , and both answers my purpose , if both be therein contained , neither must be touch'd but by the priests themselves ; neither must we confine this prohibition to the priests of the law only , but we must extend it also to the ministers of the gospel , both which were tipified by the two cherubims , or ministring angels of the almighty ; these ministers or angels , though opposite to one another , yet they both lookt alike , and neither of them upon one another , but both of them upon the ark that was between them , there was mutuality in their looks , and their wings touch'd one another ; so though the ministers of the law and the gospel seem opposite in the administration of the same grace , yet they must come so near as to touch one another in the manner of the administration , exempli gratia ; as there was in the old law high priests , priests and levites , so in the new law , bishops , presbyters and deacons ; as none but priests were to touch the ark , so none but the ministers should reforme the church . thus much for government ; now for episcopacy , the question then concerning episcopacy will be , whether or no jure divino , one minister ( which answers to all names and sorts of church-men , and church-officers whatsoever ) may not exercise jurisdiction and power over many ministers within such a place or territory ? if this be granted , the bishops aske no more : if it be denied , how then did christ jesus , bishop of our souls , give orders and directions to his twelve apostles , and taught them how they should behave themselves throughout this dioces the whole world ? how did saint paul exercise jurisdiction over timothy and titus who were both bishops ? and how did these two bishops exercise jurisdiction over all the ministers of creet and ephesus ? was not this by divine institution ? if i find by divine writ , that christ laid the foundation of his church in himselfe alone being over all the apostles , and if i find that these apostles , every apostle by himselfe ( in imitation of ou● saviour ) accordingly exercised jurisdiction and authority over many minister● which were under them , and commanded others to do the like , as paul , timothy and titus , and if i find the practise of the church all along through the whole tract of time , to continue the like discipline ; shall not i believe this discipline to be jure divino , except christ sends down a new conje deslier from heaven , upon the election of every new bishop ? christ laies the foundation , we build upon it , he gives us the modell , we follow the pattern , the church is built ; is not this by divine right , because he doth not lay the severall stones with his own hands ? christ promised that he would be alwayes with his church , and that he would send his holy spirit amongst them , which should lead them into all truth , so that the gates of hell should not prevaile against it ; but if episcopacy be anti-christian , then the gates of hel have not only prevailed against it a long time ; but all along . as all judgements are given in the kings name , and all records run rege presente , though the king be not there in person , but in power ; so the universall and un-interrupted and continued and generally received discipline of his holy catholick church ( which church we are bound to believe by the apostolical creed ) is christo presente ( ergo jure divino ) though christ be not there in person , but in power ; which power he conferr'd upon those who were to be his successours , which were called apostles , as my father sent me , so send i you : and he that heareth y●u , heareth me ; and loe i will be with you alwayes unto the end of the world : surely this discipline of one over many , call it what you will , is to descend and continue unto the end of the world . object . but it may be objected , how can you prove that christ commanded any such thing , or that christ gave to the apostles any such power , as to make successors in their steads , with a warrant for it to continue from age to age ? sol. where do you find that christ gave the sacrament to any but his disciples ? drike ye all of this , but they were all apostles to whom he said so ? where did you find that christ administred the sacrament , or commanded it to be administred unto any lay-men , or women ? therefore is not the sacrament given unto them jure divino , because the words were left out in the conveyance ? when there grew a disputation concerning divorcements , christ sends us to the originall , sic autem , not fuit ab initio , if christs rule be good , then the bishops are well enough , for they may say concerning episcopacy , i mean one over many ( and that safely too ) sic erat ab origine , some are very unwilling that this episcopacy should be intaild by christ upon his apostles and their successours , out of these words , mat. . . i will be with you alwaies to the end of the world ; they will not have it to mean in their successours ; but the meaning to be this , i will be with you alwayes unto the end of the world ; that is to say , in the efficacy and power of my word and gospel , to all ages : why may it not signifie this , and that too ? that it doth one , is no argument but that it may do both : god made all things , in number , weight , and measure , and will you ●●●ike his word ? shall sensus factus thrust out sensus destinatus out of the scriptures ? the first ministers of the gospel must adequate to the first minister of the law , and behold the same method observed in both their institutions : what difference is there between christs words to his disciples , i am with you alwayes unto the end of the world , mat. . . and gods words unto aaron at his setting him a part for the high priests office ? this shall be a statute for ever unto thee , and to thy seed after thee , exod. . . certainly if the gospel be nothing else but the law revealed , and the law be nothing else but the gospel hidden ; whatsoever is written or said of the ministers of the one , must needs have reference also to the ministers of the other : and i shall desire you to look a little back upon the words which god said to aaron : when god speakes of the seed of aaron , he only maketh mention of the seed after him ; but when he speakes of the statute , he saith it shall be for ever : if i do not flatter my own judgement that tels me , that this statute of high priest-hood , or episcopacy , call it what you will , must have heires after the seed of abraham is expired , and did not the catholick church all along call the receiving of the holy ghost , the order of priest-hood ? did ever any record above seven years date call it making of ministers ? and why are they angry with the word priest ? is it because the prophet isaiah prophecying of the glory of christs church tels us , we shall be named priests of the lord , but that men shall call us ministers of god ? isay , . if the ministration of the law be glorious , shall not the ministration of the gospel be much more glorious ? cor. . . and shall the ministers of the same gospel be lesse glorious ? when you see a man that cannot abide to see anothers glory , you may be sure he is no kin to him , or very far off ; so you may be assured that these are no true sons of the church , nor no right children , who thinke a chaire too great state for their fathers to sit in : in the apostles time these bishops , or if you will , superintendents ( which are all one in signification , only a good greek word chang'd by mr john calvin , into a bad latin word ) were stiled embassadours of the almighty , stars of heaven , angels of the church , ●c . but now these embassadours are ●sed like vagabonds ; these stars , are ●ot stars but fallings , and the angels ●re no where to be found bu● ascending ●nd descending jacobs ladder , whilst ●his reputation was given unto the church , and to its officers : the stones ●f its building were in unity , but as it ●s now it seemes no otherwise , then as a corps kept under ground seemingly in●ire , but once touch'd , soon fals to dust and ashes : never was there such a monster as this ruling , and thus consti●uted pre●bytery , the father of it rebel●ion , the mother insurrection , the midwife sacriledge , the nurse covetousnesse , the milke schism , the coats armour , the rattle drums , a bloudy sword the corrall , money the babies it delights to play withall , it grows up to be a stripling , and goes to school to a councel of war , its lesson is on the trumpet , its fescue a pistoll , its going out of school in ranke and file , its play-dayes the dayes of battaile , and blackmunday the day of judgement ; it comes of age and is married with a solemn league and covenant , it begets children like it self , whose blessing upon them is the power of the sword , an● whose imposition of hands are broke● pates ; this monster cries downe th●● truely antient catholick and apostollick power which the bishops exercised , and then take it up againe and use it themselves in a higher nature then eve● any bishops or apostles themselves did or durst have done , even to the excommunication and deposement of their kings ( to the delivering of them up unto satan , and to hang-men , if they stood but in their way ) to whom the apostles taught submission ( how faulty so ever they were ) and if not obedience , yet submission , to every one of their ordinances , if not for their own sakes , yet for the lords sake , and for conscience sake : these men cry down the same authority , as popish , whilst they exalt themselves above all that are called gods , in a higher manner , then ever any pope of rome ever yet did : we will begin with this monster in the very place of its nativity , and so observe him all along through the whole tract of time ; we will consider how it dealt with the first prince , under whose dominions it pullulated , which was under the prince and bishop of geneva , and these two were both nullified in the same person , as they were both here in england by the same parliament ; verefying that max●m of ours ( with that fore-running of theirs ) no bishop , no king ; and then we will shew you how they dealt with our princes here at home , where ever they had a power , viz. with mary queen of scots , and james and charls the first kings of england and of scotland both , and then usurpe a power themselves higher then popes or kings . calvin with his gladiators , having expuls'd the prince and bishop of geneva , sets up a government so high , and unexpected , that the people would have nothing to do either with him , or his government : and thereupon they banished him the city : calvin ( in exile ) bethinkes himselfe how he might appease their fury , and give them satisfaction , and be invited in again ; calvinus de tristibus thinks it his best course of endearing himself unto the people , to make them sharers with him in the government , whereupon he invented his new fangle of lay-elders , and so all parties were agreed ; in comes mr john calvin ( whilst he was scarce warme in his seat ) i shall present you with a story of him and of his demeanour of himself towards the temporall throne : there was a noble-man of italy , who liked the reformation which he had begun so well , that he forsook his religion , and country , sold his lands and fortune , converted all into money , and took sanctuary in geneva ; as soon as he came there , great rejoycing & insulting there was , that their cause was honored with so high a convert : the grand seigniour fals a building ; directing his masons , he found one of them something more sawcy then to what his lordship ( in his own country ) had been accustomed , little thinking that where there was promised so large a respect of souls , there had been so little respect of persons : this noble-man hereupon gives this mason a gentle tap upon the head , the mason flies upon him like a dragon , and fhakes him by the beard : my lord not being used to such course salutations , stabs him with his dagger , thinking nothing lesse but that so high a provocation would have pleaded his indempnity ; no such matter , my lord was soon ●aid hold on and brought to his triall : calvin upon the tribunall , not as a ●emporall judge in such cases ( take ●eed of him ) but only to be asked his opinion in cases of conscience ; the delinquent pleads for himself , tels them ●ow insolently he was provoked , and wonders , considering such provocation , he should be questioned for so vile a ●arlet : hereupon mr calvin soon starts up , and tels him , that with god ( whose seat they held ) there was no respect of persons , and for ought he knew , that man whom he despis'd to death , was as near and dear to god and his favour , as himself ▪ their laws knew no such distinction as man-slaughter , and murder ; but they were regulated by the divine law , that told them , that the man that shed mans bloud , by man shall his bloud be shed , that there was no exemption by greatnesse , nor buying it off by favour ; the noble-man replied , that he had not been long enough amongst them to be acquainted with their laws ; it was answered , that the law of nature did forbid that , of which he could not be ignorant ( all this was well enough ) my lord told them how hard a case it would be , for a man out of his love and liking to the place and manners , should seeke to it as a sanctuary for his conscience , and so soon find it his grave : that he was heartily sorry for what he had done , and would give any satisfaction to his wife and children that the court should order , or his estate allow ; h● intended the man no hurt , before such rough hands shook him out of himself , that he knew not what he did , and therefore he humbly begg'd their pardon , assuring the● for the future , that his waies should be so directly answerable to those paths they walked in , that he would not by gods grace hereafter step aside ; the temporall judges , wonne with his humble and submisse behaviour , began to relent , and desired mr calvin to abate a little of his rigour , for the reasons before mentioned , assuring him that his case was no common case , and therefore it ought to have respect accordingly ; hereupon there grew a hot dispute between the spirituall , and the temporall judges ; calvin remained stiffe in his opinion and would not be bent to the least mercy ; the nobleman thought to throw one graine of reason more into the ballance , that should turne the scales , and that should be taken out of a consideration had of their own good : for saith he , if you shed my bloud hand over head , without any the least respect had to my years , to my birth , to my education , to the little time i had of being acquainted with your laws , nor to the provocation it self , nor to the suddennesse of the action , nor to the surprize of all my senses , nor to the satisfation i would have given , nor ro the repentance of my very soul , who will come amongst you ? what lord or gentleman will live within your wals ? wherefore if you will have no consideration of me , yet consider your selves ; consider what a blow it wil give to your religion , how many this very thing will stave off from ever having any thing to do with you ; by this time they were all prone to mercy , but calvin alone , who stands up and cries fiat justitia ruat caelum , neither could he be brought to give his opinion , that the jury ( as we call them ) might not passe upon him , but out went the jury ▪ and contrary to their owne law , hearing the noble-mans plea , and observing well the inclination of the bench in generall , they brought in their verdict , not guilty ; whereupon the noble-man was acquitted : hereupon john calvin rises from the bench , and whilst the rest proceeded to their matters , cals all the ministers within the wals and liberties of geneva , who appear before the judgement sets , with white wans in their hands , which they laid down , telling them , that with those wans they laid down their offices , protesting that they would never preach the gospel to a people whose humane laws should run contrary to the laws divine ; and suddenly turned about and took their leave : which being acted with so much gravity , wrought so much upon the beholders , that they presently sent for them back againe , and hanged the noble-man . this story i have read in their own history in geneva , then which my thoughts were then , as they are still , that never any pope of rome , did act as pope of rome , or so much as claime halfe that authority over the civill magistrate , as this anti-pope did virtually act ; and yet was not ashamed to make lesser matters then this , the ground of his quarrell with the bishop , who also was their prince , when in his own person he acts the part of both . now we will see how these kind of ●reatures have plaid the masters of mis-●ule among our princes here at home . king james in his discourse at hampton court , tels us , how the presbyterians ●ecame lords paramount in his kingdome of scotland , and how they used his mother the queen of scots , viz. knox●nd buchanon and the rest of that gauge , came unto mary queen of scots , and told ●er , that by right , no pope nor poten●ante whatsoever , had any superiority over her in her own dominions , either ●n cases civill or eccesiasticall , but that ●hee her self was supreme in both ; and constituted by god as the only nursing mother of his church , within her dominion , and therefore conjured her to look about her , and not to let the pope of rome or any of his agents , to have any thing to do within her territories , and to have care of christ evangil as ●hee would answer it at the dreadfull day of judgement ; shee gives them her ●ar , and at last her authority , they make use of it in the first place , to the pulling down of the bishops , and exalted themselves in their roome ; when the queen look'd for an absolute supremacy , behold all the supremacy that these men would alow her , was , not so much as to have one private chappell for her self , nor one priest whereby shee might serve god according to her own conscience ; shee finding her self so much deceived , labours to recall her authority ; they kept her to it , shee takes up armes , they oppose her , fight her , bea● her out of her kingdome , shee flies into england , they follow her with invectives , thrust jealousies into the queen of englands bosome concerning her , shee is imprisoned , and after a long imprisonment put to death : king james having related this passage in the forementioned discourse unto dr renolds , and knewstubs and the rest , turnes unto the bishops , and closes his discourse with this animadversion , wherefore my lords , i thanke you for my supremacy , for if i were to receive it from these men , i know what would become of my supremacy ; the shining light of the gospel , and the burning zeal of the ministers thereof may fitly be compared to fire , which if it be not in every roome confind to on hearth , and limited to one tunnell , that may convey out of this so comfortable and necessary a blessing , all that may be destructive and offensive in it , up toward the highest ●egion , but is suffered like wild-fire to ●un up and down the house , it will soon ●urne all to flames and high combusti●ns ; so the government of the soul ●eemes to be of so transcendent nature ●o what the government of the body ●nd goods is , that if it be not overtopt with superintendency or episcopacy , ●nd so disimbogued into the supreme ●uthority , this comfortable heat if limited , as it turnes to our greatest benefit , so neglected and boundlesse , soon converts its self into a suddaine destru●tion and ruine , if you will hear how these men dealt with king james her son , and father to charls the first , you shall find it in his basilicon doron , crebrae adversus me in tribunitiis conscionibus callumniae spargebantur non quod crimen aliquod designassem sed quia rex eram quod omni crimine pejus habebatur , are these men good subjects ? did they not convene him diverse times before them , school him , chatechize him like a school-boy ? did he not protest unto his son henry , that he mislik'd their proud and haughty carriage ever since he was ten years of age ? did he not say that monarchy and presbytery agreed like god and the devil ? and have we not found it so , if we consider the behaviour of our new mad● presbyterians in england to charls the frist his son ? o but the presbyterian● had no hand in it , they pray'd and preach'd , and writ against it , fasted and pray'd for a diversion of all such intentions : but i pray , who took the scepte● out of his hand , in taking away the militia , of which it was an emblem , that should have defended him , was it not the presbyterian ? who cast down his throne by taking away his negative voice , was it not the presbyterians ? who took off his crown , the fountaine of honour from off his head , by denying those honour on whom he had confer'd it without them , was it not the presbyterian ? who took away his supremacy singnified by the sacred unction wherewith he was anointed , in not allowing him the liberty of his owne conscience in the point of episcopacy and church government , was it not the presbyterian ? who would not ●reat a minuite with their king before they had made him acknowledge himself guilty ( as they say ) of all the bloud that had been spilt throughout his dominions , was it not the presbyterian ? who ( notwithstanding all the concessions on his ●●rt that could be granted , even to the ●ery grating his princely conscience , ●hen he bid them aske flesh from off his ●ones and he would not deny it them , ●it might have been a benefit unto his ●eople , prayed that he might keep his ●onscience whole , it was the queen ●●gient of all good mens actions , and ●e hoped there were none would force ●is queen before him in his house , as ●●asuerus said to haman ) voted not sa●isfactory so long , untill the indepen●ent army came from edenb●rough , and ●urpriz'd and murdred him , was it not the presbyterians ? he that said the pres●yterians held him down by the haire , while the independents cut off his head , said true enough , they murdred him as ● king , before ever they murdred him as a man ; for what may the independent say to the presbyter , if yuo 'l take off his authority , we 'l take of his head ; if you 'l make him no king , we 'l make him no body ; if you 'l make him a man of bloud , we 'l use him accordingly ; therefore at your doors o persybterian hypocrites do i lay his innocent bloud , it is but like the rest of your actions , committed by your ancestors to former princes all along . one thing i pray you well observe● ▪ there was never any reformed church in christendome , but when they shook off their bishops , they made their apologies to all the christian world , how they were necessitated to alter that antient and best form of government of the church by bishop● , in regard that they could not be drawn off from their obedience and dependance on the pope of rome ; and if possible they would retaine that laudable government as most convenient ; but never were there any reformers in the world , but ours , that ever held episcopacy to be unlawfull and anti-christian before ; and will you know the reason , which is only this , the bishops what they receive , they lay down at his majesties feet , as acknowledging him to be supreme in all cases , when they would have him to be supreme in no case , as buch. de jure regini plainly tels us that princes are no more but the proxies , and atturneies of the people , and yet for all this the authority which they hold to be as anti-christian in the chaire , they practise as most christian on the bench , and much improve it ; these monsters , that they may the better cry downe the divine right that is in episcopacy , and descended to them , from the apostles , tel us ●hat the calling of the apostles was extraordinary , and died with them : to make answer to which assertion , we must consider how many wayes a thing may be taken to be extraordinary , and if we find that it may be taken so many wayes , if we can prove a thing extraordinary one way , we must not take it to be extraordinary in every respect , exempli gratia ; saul was extraordinarily called by god , because imediately by him , but this doth not make the calling of kings to be an extraordinary calling , for that succeded ; so the apostles were extraordinarily called by god , as not being called out of the tribe of levi , nor taken from the feet of gameliell , nor brought up in the schools of the prophets , yet this doth not follow , that the calling of the apostles should be extraordinary , for they had their successours : it may be extraordinary à parte ante , but not à parte post , only in regard of the manner of their election , but not in regard of the nature of their commission , they were called apostles in regard of their mission , not in respect of their commission , which was no more but what bishops had , neither doth the word apostle signifie so great authority as doth the word bishop , the one betokening but a messenger , the other an overseer , and therefore there is no extraordinarinesse hitherto , that they should not b● extraordinary . . a man may be said to be extraordinary , in regard of some extraordinary gift and endowment● which god hath given unto a man , as unto the apostles the gift of tongues , of healing , &c. but thi● doth no way make the calling extraordinary for then it would follow , that if god almighty should give unto any ordinary minister , extraordinary gifts , then his calling should be extraordinary , or that the calling of kings should be an extraordinary calling , because god bestowes on some kings the extraordinary gift of healing . it may be further urg'd , the calling of the apostles was an extraordinary calling , because they were pen-men of the holy ghost , and in regard that the holy ghost sate upon each of them , no , that doth not make it extraordinary quoad nos , that it should not descend , for other divines and evangelists , were pen-men of the holy ghost as well as they , therefore what was not extraordinary to themselves , cannot be extraordinary to us . . for their receiving the holy ghost 〈◊〉 is no otherwise but what all bishops , ●astors and curates do receive , when they ●eceive orders , receive ye the holy ghost , only the difference is this , they received it by the fleeing of cloven tongues , and they by ●●position of hands , but still the extraordinaries , consists in the manner , but not the matter of the thing received , so that ●ll this while there is no reason why this calling of the apostles should be so extraordinary , as that it should not descend ; if christ promised to be with his apostles unto the end of the world , and they did not continue unto the end of the world ; surely i should thinke without any straining of gnats , or swallowing of cammels , that the meaning of our saviours words should be this , that he would be with those in the assistance of his holy spirit , that should succeed the apostles in their offices of supervising his church , and propogation of his gospel , except i should see more reason then i do yet , why the apostles calling should be so peculiar , that it must not descend , or that the government of one over many , be so inconsistent with the church her good in after-times , more then in the beginning , that episcopacy should be so abominable . briefly i can compare these presbyt●● pulling down the bishops , to no oth●● thing , then to a company of unhappy boy● who being not tall enough to reach 〈◊〉 fruit , and wanting a ladder , for the fr●●● sake , lay hold upon the branches and br●●● down a bow , making it thereby no part 〈◊〉 the tree , so these men , wanting mer●●● to taste the fruit of learning , and not h●ving capacity enough in themselves , t● reach those preferments , which the church holds out to those who are deserving , they render that which was part of the church ▪ as sever'd from the body , which is the highest kind of sacriledge , not only in depriving the church of part of its goods , but part of it self . lastly , if there were no other reason to be given if not for the divine right of episcopacy , yet for the lawfulnesse thereof , but this one topicall argument which i sha● use , raised out of the continued practise of the church in all ages , to men whose faces are not bras'd so thick , that it were reason proof , it were sufficient in my understanding , viz. suppose all the arguments which were for episcopacy , were as weak as so many strawes to support a cause , yet though four strawes are not able to support a table , yet 〈◊〉 thousand bound up together in 〈◊〉 bundels , will hold it up as firme as so 〈◊〉 props of iron ▪ so though some few 〈◊〉 of some few men within some few 〈◊〉 , are not able to make an argument 〈◊〉 episcopacy , that shall be evincing , yet 〈◊〉 practise of the church all along for 〈◊〉 hundred years , in fourteen hun●red dioces , and throughout fourty ages , ●ake● good the argument against any few 〈◊〉 straws or wat tilors whatsoever . 〈◊〉 but there were no diocesan bishops 〈…〉 primitive times . sol. was not christ a diocesan bishop ? ●nd was not the world his dioces ? were 〈◊〉 the apostles diocesan bishops , when ●●e whole world , divided into twelve 〈◊〉 , were their twelves dioces ? were not ●imothy and titus diocesan bishops , when creet and ephasus were alotted to be their dioces ? ob. there were no lord bishops in those daies ? sol. those who ruled well were to be accounted worthy of double honour , and will you not allow them single lordship ? ob. the lords of the gentiles exercised dominion , but so shall not you . so. no , not such dominion as they exercised , there is a great deal of differe●● betwixt dominion and domineering , ●●●twixt lordship and lording it over go●● inheritance ; a paternall government 〈◊〉 never accounted intollerable but by unru●●● children ; if this were not to be allowed 〈◊〉 how did christ rule his apostles ? paul , t●mothy and titus ? both these , all the ministe●● in creet and ephasus ? ob. st paul laboured with his hands th●● he might not be chargable to the brethren ▪ sol. so might the bishops if they neede● no more to study divinity then did the apostles , but if any benefactory had bestowed large revenues upon s. paul , i see n● reason why he might not be a keeper 〈◊〉 hospitality , as well as he advised timo●●● so to do ; but now julians persecution is reviv'd ; do not ( saith julian ) destroy the christians , but take away the maintenance of the church , and that will bring their ministers in●o contempt , and so destroy their religion ; and now they are at it . libera me domine ( saith sain● augustine ) ab homine impio id est libera me 〈◊〉 me , so we had need to pray unto almighty god , that he would save his church out of the hands of her church-men , for shee now lies upon the ground like the tree that complained , that she was rent in sunder by wedges made out of her own body . finis . notes, typically marginal, from the original text notes for div a e- see buch. de jure . reg. sam. ● . . the ancient liberty of the britannick church, and the legitimate exemption thereof from the roman patriarchate discoursed on four positions, and asserted / by isaac basier ... ; three chapters concerning the priviledges of the britannick church, &c., selected out of a latin manuscript, entituled, catholico-romanus pacificus, written by f.i. barnes ... ; translated, and published for vulgar instruction, by ri. watson. de antiqua ecclesiae britannicae libertate. english basier, isaac, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the ancient liberty of the britannick church, and the legitimate exemption thereof from the roman patriarchate discoursed on four positions, and asserted / by isaac basier ... ; three chapters concerning the priviledges of the britannick church, &c., selected out of a latin manuscript, entituled, catholico-romanus pacificus, written by f.i. barnes ... ; translated, and published for vulgar instruction, by ri. watson. de antiqua ecclesiae britannicae libertate. english basier, isaac, - . barnes, john, d. . catholico-romanus pacificus. english. selections. watson, richard, - . [ ], , [ ], p., [ ], , [ ] p. printed for john mileson, to bee [sic] sold by elisha wallis ..., london : . first ed. of this translation of: de antiqua ecclesiae britannicae libertate. reproduction of original in british library. imperfect: first ([ ], , [ ]) pages only appear on the film. "select discourses" by f.i. barnes and "a letter written by the reverend dr. basier to the honourable sir richard brown" are lacking. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england. popes -- temporal power. divine right of kings. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the ancient liberty of the britannick church , and the legitimate exemption thereof from the roman patriarchate , discoursed on four positions , and asserted by isaac basier , d.d. and chaplain in ordinary to his late majesty of great britain , charls the first . three chapters concerning the priviledges of the britannick church , &c. selected out of a latin manuscript , entituled , catholico-romanus pacificus , written by f. i. barnes , of the order of st. benedict , yet living [ as is said ] in the roman inquisition . translated , and published , for vulgar instruction , by ri. watson . london , printed for iohn mileson , to bee sold by elisha wallis , at the horse-shooe in the great old-bayley , . to my worthy good friend mr. richard watson , &c. at caen. sir , the cause why the abundant satisfaction i inwardly conceived , at the receipt of your most obliging letter , and reading of that excellent diatribe of doctor basiers , which accompanied it ( by mr. coventrie's favour ) according to your direction , hath no sooner thus dilated it self on paper , hath been that ingenious young gentlemans absence these holy-daies , as hee himself will ( i doubt not ) for my further justification , testifie ; i do therefore , sir , with all gratitude , acknowledge both dr. basier's , and your ample favours , in this whole design , no less relating to what is already so worthily performed , than to what is also so meritoriously projected and intended , as that i should do my self great wrong to refuse the annex of my name ; where it should rather be my ambition to have it appear ; but , on the other side , give mee leave , sir , to suggest one caution , that you take heed ( since you intend it should pass currant in england ) the stamp of my name do not , in regard of my relation to my royal master , ( i will not say , adulterate the coin , or abate the intrinseck value , but ) make it less welcome to praeoccupated and misperswaded readers . the doctor 's english letter , to mee , i hold not only fit for the press , as a testimony of the authors eminent industry and merit , but also as it is useful to the publick , indeed , such a one , written with so apostolical a spirit , as that i have been often heard to say , that i could never read it , but as a kinde of nine-and-twentieth of the acts ; use therefore i beseech you , sir , my name with all freedome , as you think good , you cannot entitle mee to any thing of this kind , which doth not add , as to my honour , so to my obligation to you ; whose prone , and undeserved , favour herein i shall , upon all occasions , ambitiously endeavour to requite by some more solid acknowledgement , than this bare signing my self , most worthy sir , paris , this first day of the year , . which i heartily wish you most happy . your most humble and obliged servant richard brown. to the honourable , sir richard brown , clerk of the right honourable privy-council to his majesty of great britain , &c. sir , though i took the liberty , some years since , to publish the latin diatribe of the worthy doctor , which i found in my * lords cabinet , after his decease ; yet i could not so well presume to address it , as , i am confident , intended by the learned author , unto your noble self ; by my adventure in the translation i have somewhat improv'd my title , to a degree of propriety , and can so far justifie yours , at least to what is mine , if you please to own a patronage of the work , under so much disadvantage , as the change of language puts upon it . your approbation of it in the design gives mee no full assurance of your satisfaction at sight and reading ; but your ability to judge the difficulty of englishing such matters , in such a stile as they require , and your incouragement of all that aims at the publick good , yeeld mee hopes of your acceptance , and dispensation with whatsoever unavoidable defects ; that it was presented to you no sooner , you in part know the reason ; until of late it hath been as hard to finde a press for any treatise that vindicated our church , as for a dedicatory epistle to any resident of our king : but my long frustrated attendance for a supplement from mr. justell was the first dilatory it had , and very lately , i think , it hath been discountenanced by an aversion , if no more , of some private inquisitours , where you are , from all that hangs the church of england on this hinge of primitive antiquity , or the authority of ancient councils . it waits on you now , accompanied with somewhat i communicated not before , obtained by the friendly industry of that * ingenious gentleman , who sent mee f. barnes's manuscript , whence i selected what ( and more than what ) the doctor directs us to , though hee survives not to entertain the duplicate of my thanks , nor to take pleasure in the effect of his own pains , or mine , and to actuate further the most commendable quality , which happily discoverd it self very early in him , a singular complacency in accommodating a private friend , and a generous promptitude to advance any thing wherein publick interest was concerned . i must needs , in gratitude , do him the honour of laying this leaf of lawrel on his hearse , which hath passed through several hands of our reverend clergy , and gentry , * where hee died , recommended , sir , with your own serious condolence unto mine , that he acquired the character of a prudent exemplary young gentleman in his life , and a very pious christian in the self-discerned approaches to his death . sir , for printing the doctors letter , i should apologize ( unto him ) if you lent mee not yours to countenance it ; as your permitting it before to be read and copied , had signified your inclination to have some such right done to our church , and him , which could not better be than in company with another work of his own , and what his approves . the advertisement you further gave mee , that his additional relations were addressed to sir george radcliffe , came too late for mee to recover them , by the means i used , out of his papers ; as the notice of his death did for some other letters that had passed , to my knowledge , between my lord , and sir george , upon theological points of controversie , wherein they differed , and which they discussed with some little earnestness , yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; if the former be not irrecoverably disposed of , sir , you have now a fair opportunity to secure them ; though , if the good doctor himself be living , the late misfortune befallen the country learned * travellers , not to exercise their function where the duty of praying for the king should be prohibited ; and a signal instance it was of christian courage in our reverend author , when an exile , to refuse the offer of a plentiful support , where that would not be allowed ; yet it had been worth his journey to smyrna , to convert the consul , who now , i hope , hath more than the merchants argument ( which many times is more prevalent with men of business , than the divines ) i mean , that of interest , to convince him . sir , the benediction the doctor gives to you and yours , in allusion to that which issued from the ark to obed edoms house , i have a very particular obligation to suffrage in , though so long after the date of his ; it was testimonium dei faventis , saith grotius ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith philo , of the propitiatory , or cover to it , a testimony or symbole of gods favourable and powerfull mercy to the good man ; not so restrained to the presence , but , even after its removal to the city of david , no doubt , he and his family were blessed by it . sir , the publick exercise of our liturgy , is the antitype we reflect upon , which , by gods singular indulgence to you , hath , when chased out of the temple , took refuge in your house , so that we have been forced many times to argue from your oratory for a visibility of our church ; your easie admission of mee to officiate in it for some months , and your endeavours to have such an establishment made for mee , as whereby , in the most difficult of times , i might have had a comfortable subsistence , and a safe protection under your sacred roof , beside the other graces and civilities i had from you , exact this open retribution of my thanks ; as the character of my holy order , impressed on mee in your chapel , may have consigned mee , somewhat peculiarly , to be your priest , when any emergent may require the canonical performance of my ministery within your walls ; however , sir , i shall not offer the holy sacrifice at any of gods altars ( which are now again erecting by a most miraculous mercy to his king and people ) but i shall commemorate , in your behalf , the little emblem you preserved of them , when they lay in their dust and ruines ; nor shall the cloud of sacred incense ascend in the sanctuary without the mixture of my breath , while i have it , to ask a return from heaven , in showers of blessings to you , and your posterity , whose name , & memory , must be ever venerable to the english clergy , as your person hath been most obliging to many of us , among whom , though the unworthiest of them , i pray assist and honour with the continuance of your patronage , noble sir , your most grateful , and very humble servant , ri. watson . caen , aug. . . positions . i position . the rights of patriarchates . custome introduced ; councils confirmed ; emperours established . ii position . the britannick church , as being alwaies placed without the suburbicaries of the italick diaecese , in the time of the nicene council , was in no case subject to the roman patriarchate , but enjoyed a patriarchate of its own ( as to the substance of the thing ) so as did the other churches placed in the rest of the free diaeceses . iii position . the britannick church was , with very good right , restored by her soveraign , to her ancient ecclesiastical liberty , and that according to the rule of the ancient catholick canons , by which the word ) the metropolitick rights custome hath introduced , appears from the very words in the sixth canon of the first great nicen council , wherein the confines of the three chief patriarchs are determined , and the origin of the roman metropolitan , as also the alexandrian , antiochian , and those of other provinces ( which at that time did alike enjoy , each its own . ) i say , the origin of every one of these , is referred by the council ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to custome ; and moreover the synod doth decree a religious observation of that custome in these solemn words , which the church truly catholick did perpetually reverence as an oracle , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . let ancient customes be in force ; commanding likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that churches should have their priviledges preserved . the same is clearly evident from the words in the second canon of the first constantinopolitan council , which most expresly commands each church in every diocess to be governed according to that custome of the fathers which had prevailed , the priviledges being preserved which by the nicen canons have been granted to the churches . the second part of the position ( viz. that councils have confirmed the rights of patriarchates ) is manifest both by the former paragraph , and principally by that illustrious canon , which is the last save one of the oecumenick council at chalcedon ( that is the canon of the universal church ) a neither the truth nor validity whereof hath any one questioned , unlesse carried away violently with an affection to the roman partie . the words of the said canon are most emphatical . behold the very marrow and vigour of it express'd . first , the catholick ancients do assert , that they in this decree , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and every where follow the definitions of the holy fathers . secondly , that the priviledges of the elder rome , they say not ( are founded by christ , or by peter , or by paul , but ) are indulged by the fathers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thirdly , they adjust the reason of this prerogative , and that not divine , nor indeed so much as ecclesiastical , but meerly secular , to wit ( as wee shall demonstrate in the third paragraph ) the imperial authority , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because that city was emperesse of the rest . fourthly , the fathers , moved by the same consideration , declare , that they ( as much as lyes in them ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , will communicate equal priviledges to the most holy throne of new rome . rightly judging ( they are the words of the very canon ) that constantinople , which they call new rome , being honoured both with empire and senate , may enjoy equal priviledges with the elder rome ; and in ecclesiastical affairs , no less than she , be extolled and magnified , as her second , or next unto her : hitherto the canon , second , to wit , in order , but no way obnoxious in jurisdiction to rome , as is plain by her equality with rome , every way asserted in the canon , and will afterward more clearly appear both out of the th . canon of the first ephesine council , as also the ninth canon of the council of chalcedon ; both which canons are cited and illustrated in the following position . the third part of the position , viz. the rights of patriarchates emperours have established , is confirmed both by reason and by practice ; and that first general , then special likewise . the general reason , being as it were the foundation of this whole discourse deeper laid , is farther to be reached . first , therefore wee say , that fathers of families were at first both princes and priests . moreover , as the supplicate of the whole gallick people , to * king philip the faire , almost four hundred years since , very rightly observeth against pope boniface , melchisedec is expresly said to be king before priest , and consequently the king taketh not from the priest , nor ought to acknowledge that hee owes unto the priest his crown , or the rights thereof ( such as the external regiment of the church is proved to be afterward . ) secondly , wee say , that by propagation of families , and their amplification into cities , and communities , the oeconomick authority in process of time , became politick . thirdly , wee assert , that in the first institution of the priesthood , moses took away no part of the supream jurisdiction from the politick authority ; therefore the royal power remained the same it was before , both legislative and iudiciary , as well in sacred as civil affairs . for moses , as * king in iesurun , was constituted by god himself , the keeper as well of † both trumpets , as tables ; now what pertained to moses as king , is every kings due . this very comparative argument , as rightly consequent from moses to constantine the great , after the revolutions of so many ages , eusebius five or six times applies to establish the imperial authority about the convocation and confirmation of the first nicene council . fourthly , as moses , not aaron , delivered the ceremonial law : so , long after moses , king david instituted the courses of the priest , and solomon thrust out abiathar the high priest. fifthly , when christ inaugurated his apostles , hee furnished them with great powers of his own , such as are the administration of sacraments , and power of the keyes ; but all that christ bestowed on his apostles cumulatively , nought at all privatively : for indeed our lord christ would neither by the evangelical priesthood , nor his whole first advent , have any thing detracted from the jurisdiction or authority of the civil powers ; nor that kings , because christians , should have their prerogative abated . sixthly , wee say , that kings , as kings , ought to be the liturgick officers of christ ; and so far kings in their degree may , yea ought to be ministers of the church , and , as it were , external bishops of the ecclesiastick government , ( as s constantine the great said wisely of himself ) that same the magnificent title of christ himself , prince of the kings of the earth , seems to erect for all kings of right , although in fact most of kings are not , yet by vertue of this title they are obliged all to bee christians . seventhly , we say , that there are very many things pertaining to the external polity of the church , which although they belong properly and primarily to the king alone , yet in case of necessity , as they say , and secondarily are out of course devolved upon the clergy . for instance , to call synods ; ordain fasts or festivals ; distinguish parishes into diocesses , or provinces ; to fix and ratifie the hierarchical degrees of bishops , so as this man is a bishop , that a primate , the third a metropolitane ; that this bishop should be under the jurisdiction of that metropolitane , and contrarily , upon some weighty or lawful either occasion , necessity , or publick commodity of the church , that this should be exempt from the other under whom hee was before . these , and very many of like sort , according to the various state of the church , pertain both to the king and priest. for those two most different times of the church's condition ought not to be confounded , i mean of persecution , and peace . because in time of persecution under infidel kings , so long as princes are altogether and every way dis-joyned from the church , and the church from princes , the divine order ceaseth , and the royal succession suffer's necessarily interruption ( i say interruption , not abolition ) for so long the case is plainly extraordinary , and , while so , the woman is in the desart , and the church supplies this defect of princes as she can . as when the husband is absent or sick , the matron governs the family . but the divine positive order re-entring , the ordinary state of the church returneth also ; so soon as kings resume the christian religion , the partition-wall presently falls down , and then by due right kings take again their exteriour power over the christian church . otherwise we should say , that in order to the government of the church , there ought to be no difference between pharaoh and moses , between nero and constantine ; nor , as to dominion in sacred affairs and the right use thereof , that this emperour communicates any more with the church , than the other ; which would be dissonant , not onely from right reason , but also from holy scripture . therefore the emperour , so soon as hee becomes christian , ought to obtain his restitution intire . and this in this argument is the matter of right , or general reason , which wee lay down as the base of that right which belongs to the emperour in establishing the external limits of the ecclesiastical government . as to the matter of fact , or practice , that is both general or catholick , and also special . the general practice ( beside the assumption of the second argument which was proved before ) consists in an induction of councils , as well general as provincial , all which as they supplicate from the emperour himself the very convocation of councils : so do they submit to the same emperour every one of their decrees , even those in matters of faith , which although , as to their intrinsec authority , they depend onely on the word of god , and truth it self ; yet , as to their extrinsec authority , they depend on the imperial sentence : but if those of faith , how much more those which are onely of the bare regiment of the church , such as is the establishment of patriarchates , lye all under the imperial decrees ? to wit , in this sense , that the canon of the church may have the force of a law , that wholly proceeds from the authority of the prince . thence is it , that every one of the ancient councils , all the ancient catholick bishops ( even the bishop of rome himself ) present them alwaies to the emperour to be supplied , amended , perfected ; and so humbly petition from the emperour , not a naked protection , or late execution ; but an intire ratification and confirmation of every council , without which , as to the external effect , they are to become unattired , void , and plainly of no force . concerning this truth , i appeal not onely to the councils of cavalion , mentz and toures , with the rest of the less sort ; but i produce the very four general councils , concerning the first of which , viz. that of nice , eusebius expresly relates , that the emperour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , confirming the decrees of the synod , did fortifie them , as it were with his seal . i appeal also to the first council of constantinople , and the very epistle of the council to the emperour theodosius , wherein all the holy fathers petition the emperour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. to have the suffrage of the synod confirmed . yea , i appeal to leo himself pope of rome , ( whom i beleeve not to have been of the most abject spirit among those in that pontificate ) who in every one of his † letters to three emperours , humbly petitions ( not commands , much less decrees ▪ but ) beseecheth , supplicates , that the emperour would command , &c. but it may suffice to have declared these things , though somewhat at large , yet but by the way , to the evincing ( by a general rule from the whole to the part ) that the rights of patriarchates introduced by custome ▪ confirmed by councils , were established by emperours , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which was the last lemme of our position . the same will appear more evidently in the special practice of the catholick emperours . for by what authority iustinian the emperour erected iustiniana prima to a new patriarchate , and indulged unto the same ( they are the words of his eleventh novel ) the highest priesthood , the highest authority , and ordained that that should have the place ( not onely vicegerency , but place ) of the apostolical see , so as it should be , saith nicephorus , a free church , and head unto it self , with full power , &c. ( what could be said more amply , what more magnificently of rome her self ? ) so likewise by the same imperial authority , the very same emperour iustinian , novel . . ch . . restored the african diocess to its ancient patriarchal prerogative ( which the invasion of the vandals had interrupted ) and so by his imperial writ did hee constitute the bishop of carthage absolute primate of whole africk . lastly , this is the very thing which in the last age the emperour of britain king henry the eighth by the like right imitated in his diocess , viz. not by erecting it anew ( which yet in the case of iustiniana prima iustinian did ) but onely restoring the same britannick diocess unto the ancient liberty it enjoyed in the primitive times of the ancient oecumenick councils , viz. the * nicene , constantinopolitane , and ephesine ( concerning which more hereafter ) and thus much more than needs , of our first position , because that is , as it were , the foundation laid for the rest that follow . the second position . the britannick church as being alway placed without the suburbicaries of the italick diocess , in the time of the nicene council , was in no case subject to the romane patriarchate , but enjoyed a patriarchate of its own ( as to the substance of the thing ) so as did the other churches , placed in the rest of the free diocesses . the structure , or proof . to the first wee must observe , that the britannick diocess was one of the thirteen , into which , according to the computation of some , the whole roman empire , but the very praefecture of rome it self , was anciently a distributed . we must also observe that the britannick diocess had been one of the six diocesses of the western empire , among which it appears to have excelled out of tacitus , spartian , and the other more famous roman historians . to the second , wee must mark , that by the nicene council every province had its metropolitick bounds set . certain it is , i say , that therein were fixed the ecclesiastick limits to the three chief metropolitanes , that is , to the roman , alexandrian , and antiochian , the right alwaies of the other provinces being preserved , which were no way subject to these metropolitanes . b it matters not whether wee call them patriarchs , or primates ( the origin of which terms , as the amplitude of their office , wee owe rather to the following ages ) whether wee call them exarchs , as the council of chalcedon , can. . or arch-bishops , as iustinian promiscuously , or metropolitans , or onely bishops , as this very nicen council , all is one , so long as it effectually appears , that by patriarchs , wee understand them to whose both ordination and jurisdiction the provinces of intire dioceses were attributed , and who had the hearing and judging of all ecclesiastick causes in the last reference , so that , according to e iustinian the emperour , yea according to the very oecumenick council of chalcedon from the patriarchal sentence out of council was allowed no regular appeal . wee call , with the lawyers , those suburbicary provinces , which were concluded in one diocese , the law term , because of the manifest coextension of both , being translated from the republick to the church . thirdly , let us grant ( which yet is undetermined ) that the roman patriarch had obtained an extraordinary or patriarchal jurisdiction over all the provinces of the italick diocese , as his suburbicaries , and that they were those ten in number , viz. the three islands of sicilie , corsica , and sardinia , and the seven other placed on the continent . which ten provinces some do assign to the same diocese , induced by that ancient observation , from which it appears , that the ecclesiastick jurisdiction of the dioceses , both for the beauty and benefit of order and unity , as also to insinuate a mutual harmony ( which ought , as much as may be , to be cherished between the church and republick ) in a certain accurate imitation , was so coextended with , and adjusted to , the temporal regiment of the secular vicars , that the ecclesiastick patriarchates or primacies were not enlarged farther than the temporal jurisdiction of the vicars , that is , to the limits of those dioceses , the cities whereof , in which resided the vicars , were metropolies , where was fixed the praetory it self , which was the highest tribunal of all causes , and all appeals likewise in the provinces subject thereunto . the very same government of the church was retained for the conservation of ecclesiastick unity , unto which was had special regard by that singular and excellent subordination of the lesser clerks to their bishops in every city ; of the bishops unto their metropolitanes in every province ; and of the metropolitanes to their patriarchs in every diocese . but in case either of heresie or schism , the church was succoured by councils , either provincial , which were rightly called by the metropolitane , or patriarchal , which by the patriarch , or lastly general , which by the emperour himself . now as this premised general coextension of the ecclesiastick jurisdiction with the civil government appears by comparing the second canon of the constantinopolitan council with the very code of the provinces : so that particular definition of the italick diocese may bee fetcht out of ruffinus d the best interpreter of that very sixth nicene canon , who expresly mentions the suburbicaries in that place , where he professedly interprets the said canon ; who being both an italian , and near the age of the nicene council , was able clearly to distinguish the proper limits ( as then fixed ) of the italick patriarchate . howsoever it is evident to any man , that even in this sense , from the jurisdiction of all those ten italick provinces , as — penitus loto divisos orbe britannos . from the whole world the britains were divided . to the fourth , viz. that in the time of the nicene council the britannick diocese was subject neither to the roman patriarchate ( as some of yesterday , grosly suppose ) nor yet to any forein jurisdiction ; shall presently appear , when wee shall shew , that the britannick churches enjoyed their own primate or patriarch . that being all matter of fact , is to be fetched out of the britannick history it self , which is written by venerable bede , the chief historiographer of the said britain , and a catholick priest too . in him therefore wee may read the huge difference of the britannick church ( howsoever e most catholick in other things ) from ( that i say , not with the same bede , contrariety to ) the roman church , both in the different observation of easter , wherein the britains following the use of anatolius the constantinopolitane patriarch , and not that of the bishop of rome , conformed themselves to the eastern , not western churches , as also in the different administration of holy baptism , and in many other things ( witness augustin himself , who was legate of gregory the roman bishop ) the same also appears out of the constancy of the britains in their rejection of the said augustin , whom although sent express by the roman pontifie , that hee might preside over the britains ; yet , saith bede , all the britain bishops refused to acknowledge him for their arch-bishop , as who had an arch-bishop of their own ; whosoever hee then was , whom it would not bee hard to know from the prerogatives of his metropoly , and priviledge of his seat in councils . as for the state of the britannick churches , and their partition , it will bee worth our pains to search it in the undoubted records of the british antiquity . from the very time therefore of constantine the great , and so of the nicene council , all britany was in times past canton'd into three onely provinces , * over which were , after the romane manner , in temporal affairs , three romane proconsuls or praesidents ; as likewise in spiritual there praesided as many arch-bishops commonly called metropolitans from their metropolies , or principal cities wherein were resident both the secular and sacred provost , or metropolitane . the first of these three provinces was called maxima caesariensis , the greatest caesarian [ or inverted if either way to be englished ] the metropolitan whereof was the bishop of york . the second was called britannia primo , the first britain , the metropolitane , of which was the bishop of london . the third was britannia secunda , the second britain , called the legionary metropoly , and thereof the is●ane bishop , or bishop of ca●ruske in the tract or county of monmouth . that was the state of this metropoly from lucius unto king arthur , in whose time the metropolitical dignity was transferred to the bishop of st. davids , to whom were subject , as suffragans , the welch bishops , until in the time of henry the first , or as some will have it , henry the third , the same metropolitane was reduced under the obedience of the arch-bishop of canterbury . now whatsoever either in the provinces themselves , or churches , was afterward irregularly parjeted from abroad , that cannot prejudice the imperial authority , to which belongs , as we have before shewed , both to dispense the external government of the church , and to establish the jurisdictions which it limits . much less can a usurpation , advanced by force or fraud , derogate from the oecumenick decrees of the ancient fathers , or frustrate so many most grave canons , venerable for their age , published thereupon , such as is the premised th canon of the nicene council for the ancient prerogatives , and the second canon of the constantinopolitan , by which is charged , that no bishop approach any churches situate without his bounds ( which most grave canon i wish the bishop of rome had religiously observed , the peace of the church had been better assured ) the council goes on , commanding , that all bee kept according to what was defined at nice . and that these may not seem too remote from our britain , the canon concludes in a general sanction , that all things ought to be done according to that custome of the fathers in force . but that such had been the custome of the britains , as to have all weighty affairs synodically disputed within themselves , appears out of bede . † moreover , to have been in use , that the bishops of that nation were consecrated by one bishop , baronius himself somewhere observes . at that time truly so beautiful was the state of affairs in britain , until some ages after the council of nice , augustin the monk was sent by gregory , who , what hee could not by right , first by fraud , then by the armed assistance of ethelbert , and his new-converted anglo-saxons , indeavoured to force the catholick bishops of britain to acknowledge and receive him for their arch-bishop ; but they couragiously replied , that they could not abandon their ancient priviledges , and subject themselves to the mandates of strangers . f that any other custome had been in the sacred government of the british church , no man can ever evince out of genuine antiquity . and so much concerning the second position . the third position bearing proportion to the second . the britannick church was with very good right restored by her soveraign to her ancient ecclesiastical liberty , and that according to the rule of the ancient catholick canons , by which was confirmed for the future the intire liberty of the churches . to the first , whatsoever the rebels at this day on either side falsely alledge to the contrary , it appears out of very many histories , and the authentick chronicles , that the kingdome of england hath been an empire , and so accounted in the world , which was governed by one supream head , or king , both in spirituals and temporals , and that wholly independent of any forein prince or supremacy whatsoever on earth . this is the very marrow expressed from the formal words of a statute at large set out to this purpose by the assembly of parliament , that is , of the whole kingdome in the th . year of king henry the eighth , chap. . at which time the three estates of england , to wit , the clergy , nobility and commons , willing to recall the ancient rights of the kingdome , taken away rather by force and power , than any rule of the canons , decreed to have controversies ended within the bounds of the kingdome , without any appeal to foreiners ( which indeed is one principal prerogative of a patriarchal jurisdiction . ) but upon this whole britannick affair , the thing most worthy our observation is , that this decree , for the liberty of the britannick churches was not introductive of a new law , as in spight to the kings of britain new upstarts calumniate , who are either ignorant of , or opposite to , the britannick priviledge : but the said decree was onely declarative of an ancient custome , which had constantly prevailed in england , eight hundred years since , and so many ages before : yea and was intirely renewed as often as occasion required . concerning this most g just assertion , wee attest the ample margin filled with a long train of the ancient britannick statutes , which the ingenuous reader may be pleased at leisure to view and consider . whence by induction of parts will appear , that this was no new enterprize , nor a single irregular act of henry the eighth alone ; but that long before the time of henry the eighth , this had been the ancient supremacy of all the kings of england , over all persons , and in all causes whatsoever , so well ecclesiastick as temporal . wee proceed to the second , and prove the ancient state of the church to have been such , out of the undoubted monuments of the britannick church ; where first wee may collect out of the fore-cited * venerable bede , as also † henry of huntington no less than the rest , that augustine the monk stirred up ethelbert king of kent against the bishops of the britains , because they in behalf of the ancient britannick liberty denied to subject themselves and their churches unto the roman legate . yet further , huntington adds , that neither the britains nor scots ( that is the irish ) would therefore communicate with the english , and h augustine their bishop , more than with pagans ; the reason was , because augustine did seem to deal uncanonically with them , by constraining them to receive him for their arch-bishop , and subject themselves to the mandates of strangers ; when as the ancient manners of the britannick church required , that all things should be synodically transacted within themselves . hence is it , that the britains did alwaies celebrate their ordinations within themselves , and this is also another honorary priviledge of the patriarchal jurisdiction , and concerning this wee again appeal unto * bede in his history of aidan the bishop ; yea to baronius himself , where quoted before , who relates , out of lanfranke , the custome of the kingdome to have been , that the bishops thereof were consecrated by one single bishop ; but that these ancient customes of britain were abrogated by the force rather , and power of the anglo-saxons , than by any synodical consent . the said † bede testifieth the same , where hee relates that colman the bishop ( finanus's successour in the pontificate of the northymbrians ) with his fellows , chose rather to desert episcopate and monastery , than their ancient manners . which fact of bishop colman is worth observation , lest , what some falsely pretend , onely the monks of bangor may seem to have rejected augustin , against whom , charged upon them , this was the legitimate defence of the ancient britains , these being their very words out of * beda before , that they could not abandon their ancient manners , without the consent and license of their own bishops . and truly this answer of the britains was grounded on very irrefragable , very catholick reason , and that because this unwonted subjection had contradicted the sixth oecumenick canon of the council of nice , which expresly commands the ancient manners to bee kept . this had also destroyed the eighth canon of the first ephesine council , by which first such usurpation , to wit , in the case of the cyprian church , is called in hypothesis , a thing innovated beside ecclesiastick constitutions and canons of the holy fathers , which , as common diseases , therefore needs a greater remedy , because the dammage is greater which it brings . secondly , therefore the holy synod ( in thesi , as they say , or in general ) commands , that that should be observed in all dioceses and provinces wheresoever ( behold the authentick charter of the britannick liberty . ) thirdly , that no bishop ( the roman not excepted ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 should invade any other province , which from the beginning hath not been under his , or his predecessours jurisdiction ( as , for instance , did augustin the monk. ) fourthly , the oecumenick canon goes on , and a hundred and fifty years , more or less , before augustins invasion of the britannick church , as it were fore-seeing it , by provision declares it to be void , in these most weighty words . that if any one shall invade it , and make it his own by force , hee shall restore it . fifthly , yet further ( for the following words are most emphatical , and which , as by and by shall appear , seem chiefly to regard the roman bishop himself . ) the holy synod warneth , that the canons of the holy fathers be not passed by , nor that the pride of secular power creep in under the specious pretence of administring sacred affairs , and by little and little unawares wee lose that liberty which our lord iesus christ , the deliverer of all men , hath purchased for us by his blood . yea the holy oecumenical synod , for the greater enforcement , yet again repeats the decree . it hath therefore pleased the holy and universal synod [ to decree ] that to every province be preserved pure , and inviolate , the rights which it had from the very beginning , according to ancient custome , every metropolitane ( and so the britannick ) having liberty to take copies of the act for his security . yet the holy synod concludes according to its oecumenical authority : if any one shall bring any sanction ( every word is most general ) repugnant to those which now are defined , it hath pleased intirely the holy and universal synod , that it bee void . hitherto for the liberty of the churches [ extends ] the most express canon of the catholick church , which after the matter of fact first declared , completes the matter of right in favour as well of the britannick , as cyprian church . for since , as out of the praemises appears , the britannick church in the west enjoyed the same priviledge wherewith the cyprian church was honoured in the east , why may not shee lawfully resume what is her own , in time of peace , which was taken from her , by tumult and force , in a turbulent time of the wars ? the sum of the whole most inculent canon is this ; the ancient and truly catholick church would have the rights of every church preserved , not taken away , and if they be taken away by force or fraud , what patriarch soever doth it , his fact is declared void , and moreover hee is commanded to restore that province which he hath made his own . now that this canon was establisht in a tacite opposition to the roman bishop himself , is , not obscurely , to bee collected out of the * acts of that council ; for it is evident from them , that the canon prevailed , notwithstanding the epistle of innocent the first to alexander , wherein the roman bishop declared , that the cyprians were not wise according to faith , if they subjected not themselves to the patriarch of antioch , when as , notwithstanding , wee see the decree of the universal synod plainly contrary to the papal sentence , wherein namely it was judged that this was attempted by the antiochian , beside the canons , and that therefore all the letters brought by him against the cyprians were of no effect . hitherto the third position . the last followeth . the fourth and last position . the britannick church persevering in its primitive exemption from the roman patriarchate , so far is it from that it ought , or can be therefore called schismatical , that rather in the very same respect ( before truly catholick iudges ) that church appears both to have been , and yet really to bee , by so much the more every way catholick , by how much that church , more than others , is an assertour of the whole ancient catholick liberty , which by so many sacred canons of four general councils , the nicene , constantinopolitan , ephesine and chalcedonian , the catholick fathers have decreed , and antecedently declared to remain ratified for ever against all future usurpations . since the time that the ancient liberty of the britannick church , was by right resumed ( as before ) with the solemn consent of the whole kingdome , the i britannick church ( now truly catholick in the rest ) can by a like right retain the same without the loss of her catholicism , without any brand of schism , much less of heresie . we do willingly owe the proof of this assertion to barns , a most learned and peaceable man , at the same time [ when hee writ it ] a roman priest ; a monk in the order of the benedictins , a britain , and therefore no unfit arbiter of this britannick cause . first , therefore , whether the causes of our withdrawing were sufficient , is no way a matter of faith , but wholly matter of fact , whereto the roman bishop himself ( that i may speak the truth as gently as may be ) was at least accessory , and therefore can be no competent judge of the cause , but rather , if the business would bear a controversie , it were to be presented to a truly oecumenical or general free council , rightly and legitimately called . now so far is it from that the britannick church even refused to present her self , or her cause , before the tribunal of such a council , that the britannick church rather holds a general council to be above any patriarch ( even the roman himself ) according to that pair of councils held at basil , and constance . this the britannick holds together with the gallican church , a renewing of the ancient concord with which church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so far as conscience permits , were even at this time much to be wished , it being k manifest that above a thousand years since , much friendship passed between the gallican and the britannick church , even at that time when the britannick church did not communicate with the roman : and certainly if both parties would mutually understand one the other , without prejudice , and that of the two , which is in the extream , would remit of its rigour , that consent of the britannick church with the gallican would not be so improbable as it seems at the first aspect to them that are ignorant of both , or either . but this onely by the way . to our purpose again . wee say the britannick church doth so reverence the general councils , that she hath provided by a special statute , that not any one endued with spiritual jurisdiction , shall declare or administer his ecclesiastical censures , or adjudge any matter or cause to be heresie , but onely such as before had been determined , ordered , or adjudged to be heresie by the authority of the canonical scriptures , or by the first four general councils , or any of them , or by any other general council . this was in the reign of queen elizabeth the very catholick sense of the britannick church , and her due esteem of general councils , which the old parliament openly testified in the solemn assembly of that whole kingdome , for we disdain to make mention in this place of the cabals or conventicles now adayes , which reign in the turbulent rebellious state of that church and republick : for those swarms of sects are onely the cancers and impostemes of that lately famous church , which no more belong to the sacred body of the britannick church , than a wenn doth to the body natural : and truly if heretofore the great mother of us all , the catholick church seemed almost universally to be utterly swallowed by a sudden deluge of l arrianism , what wonder is it if the britannick church , but one of her daughters , lye under the same fate for a time ? this for the first point . concerning the second , it is to be very much observed , that the britannick church , at the time of her withdrawing , was not truly in fact , much less by right , subject to the bishop of rome , having been — years before her reformation under edward . altogether exempt from the roman patriarchate , to wit , by the imperial authority , and by that of prince henry the eighth , whom to have been impowred to do it by right appears before in the first position . but what occasion soever of the withdrawing at that time shall bee pretended , it cannot prejudice the royal right , or any way derogate from the ancient custome of the britannick church . nay , the british nation could not have opposed either of the two , without being hainously guilty both of rebellion and schism , especially since that whole business of the church's restitution was transacted with the express consent of the britannick clergy ( then romane ) a provincial council of which alone , in defect of a general ▪ was at that time the supream meerly ecclesiastick tribunal of the britannick nation , whereunto , onely , the britannick church ought to be , or indeed could be subject , because in that article of time , no council , truly general , sate . as for that of trent , which afterward followed , it was at highest onely patriarchal , to which consequently the britannick church , before exempt by lawful authority from the romane patriarchate , was no way subject . whereas therefore the britannick church can be said to have opposed it self to no lawful ecclesiastick authority at all , which notwithstanding inseparably is of the essence of schism , certain it is , that church is no way schismatical , but , on the contrary side , the britannick church , according to the singular moderation and christian love she perpetually sheweth toward all christians , as she keeps off from her external communion no christian of what ever communion he be ( so that he hold the foundation intire ) but ( unless a most just excommunication put a bar ) opens her catholick bosome , and draws forth her holy breasts to any genuine nursling of the catholick church ; so as well in faith , as the internal communion of charity , as likewise in the external communion of the catholick hierarchy and liturgy , yea and ceremonies also , she yet cherisheth and professeth an undivided peace and consent with the catholick church , from which the britannick church never did , nor ever will separate her self , as being alwaies most tenacious of the whole truly catholick foundation . for one thing it is ( on the hinge of which just distinction is the whole state of this great controversie turned ) one thing , i say , it is , to separate her self from the catholick or universal church , and to form to her self a congregation or religion apart different from the catholick church , as in times past the donatists did ; another , not to communicate in all with some one particular church ( as for instance , the latine ) or rather to abstain from the external worship which is used by some persons , in some places , under an express protestation ( for thence is sprung the modest and innocent title of protestants ) under protestation , i say , so soon as the occasion of scandal should be taken away , of reconciliation , and under a vow ( not so much out of any absolute necessity , as for publick peace , and catholick unity's sake ) of returning to the communion of that particular church , from which that the protestants were estranged , yea in the latter age violently driven away by thunder , and sword , and fire , is better known out of history , than to want any proof , or further amplification . it appears therefore out of the premises , that the britannick church constituted in this , as i may say , her passive state of separation from the communion of the bishop of rome , is wholly free from all blemish of schism , by reason that the m bishop of rome himself first of all interrupted christian communion with the britannick church , and yet further inderdicteth the britannick church his communion , and in that again the pope extolleth himself above a general council lawfully called ( unto which the britannick church hath ever attributed the decisive judgement ) while in his n bull of the lords supper , he forbids an appeal from himself to a general council . to all these add ( what in conclusion is principally necessary ) to wit , that the britannick church , after the very sacred canon of the scriptures ( such as is defined in the † † conc. laodic . can. ult . ancient councils ) adheres closely unto tradition truly universal , as well ecclesiastick as apostolical , both which lean on the testimony or authority of the truly catholick church , according to that in vincentius of lirinum , his fam'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or essay of ancient catholicism , quod ubique , quod semper , quod ab omnibus , &c. that which every where , which alwaies , which by all , &c. it appeareth that the britannick church bears upon these two catholick principles , to wit , holy scripture , before and above all ; and then universal tradition ; not onely because the general council of nice , wherein 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ancient customes are underset and established ; but also the britannick church , in a * * the first synod . after her articles of religion were fixed . an. . regin . elizab. provincial council of her own , hath most expresly ordained by a special canon . wee conclude therefore , that the britannick church , such as shee was lately under episcopacy rightly constituted , was no way schismatical , neither materially , nor formally , since that she neither erected unto her self chair against chair , which is the foul brand of schismaticks , in st. cyprian ; nor did that church cut her self off from episcopacy , or made a congregation at any time unto her self against her canonical bishops ( which ever is the formal character of schismaticks , by the definition of the o o concil . constantinop . . can. . vel . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. woe call them hereticks which rend themselves from , and set up synagogues , or conventicles against , our canonical bishops , &c. constantinopolitan council ) much less did she shake off her bishops , and with the continued succession of bishops , by consequence , the succession of her priests , not interrupted ( as i may say ) from the very cradle of her christianism . and as for lawful ordination ( as well in the material part , the imposition of hands , as in the formal , wherein signally , by a set form of words , both praerogative of ordination , and also jurisdiction is conferred on the bishops ) this her ordination , i say , rightly and canonically performed by the catholick bishops , shee proves out of the very records or monuments of consecrations : so that no man can by deserved right charge upon the britannick churches , that ancient reproach of schismaticks in p p matthew parler , a godly and learned man , &c. who was chaplain to henry the eighth , &c. being duly elected to the arch-bishoprick of canterbury , after a sermon preached , the holy spirit invoked , and the eucharist celebrated , by the imposition of hands of three bishops in former times , william barloe of bathe , iohn scory of chichester , miles coverdale of exceter , and iohn suffragan of bedford , was consecrated at lambeth ; hee afterward consecrated edmund grindal , an excellent divine , to bee bishop of london , &c. see camdens annals of the affairs of england , part . . ad an . . tertullian , vos ex vobis nati est is ; you are new upstarts , born yesterday of your selves . nay so tenacious are the genuine britains of the ancient religion , and by consequence of her catholick discipline , that for the intire restitution of their bishops , their most gracious king himself charls , emperour of great britain , chuseth rather to suffer so many , and so most undeserved injuries ( even which is horrid to be spoken , to death it self , which in dishonour and contempt of all q q in good earnest , this hainous fact so strikes at all monarchs through the side of one king of great britain , that unless it incense all kings and princes whatsoever , as to a most just indignation , so to a serious revenge ▪ it may be feared that the contagion of such a damnable example , will diffuse its infection into neighbour-kingdomes , it so threatneth and menaceth the destruction and ruine of monarchy it self ; since that in the most seditious epilogue of the perfidious covenant , in most express words , they exhort and animate other christian churches , as they love to speak , which either groan under the yoak of antichristian tyranny , or that onely are in danger of it , that they would joyn in the same , or like association , and covenant , with them , forsooth , to the enlargement of the kingdome of iesus christ , &c. you hear the words , yee christian princes , yea , and you see their deeds . it is the affair of you all that is acted , but of such among you especially , whom particularly they will seem to have marked out with that black character of antichristianism , which in the sense of these traitours , is not so common to every meridian , but that it seems to threaten some region before other , with its malignity . god avert all of that nature portended by it . christian monarchs , those most desperate rebels threaten to their king , and not long since potent monarch ) then abolish episcopacy , as mindful of that r r at the coronation of the king of england , the arch-bishop consecrating , in the name of the whole clergy , twice adjures the king in these words . ss . . † † this is translated out of the latin copy . my liege , will you grant , conserve , and by your oath confirm the laws , customes , and liberties , given unto your clergy by the glorious king , st. edward your predecessor ? the king answers , i do grant , and take upon mee to keep them . also . ss . . the arch-bishop advertiseth the king in these words . my lord , the king , wee beseech you , that you will conserve to us and the churches committed to our trust , all canonical priviledges — and that you will protect and defend us , so as every good king ought to be a protector and defender of bishops , and churches put under his government . the king , almost in the same words promiseth , that hee , to the uttermost of his power , god helping him , will keep the canonical priviledges of the churches , and that hee will defend the bishops themselves . afterward the king being lead to the altar , there touching with his hand the holy bible , solemnly swears , that hee will perform all these things , adding moreover this imprecation to be trembled at . so help mee god , and the contents of this holy book . i thought fit to insert here this form of the kings oath , taken out of the royal records themselves , that it may bee made manifest to the whole christian world , that his majesties magnanimity and constancy hitherto , is to be imputed not to pertinacy , but religion , whatsoever otherwise is said by such as blaspheme , or reproach him with their 〈◊〉 language . oath , to be trembled at , whereby hee religiously bound himself to god and the church at his coronation . the clergy , and likewise better part of the nobility , as also the britannick people , dispersed here and there ( rivals with their king in this part of his religion ) refuse not to undergo the loss of all their estates , persecutions , banishments , yea are ready to indure all kindes of extremity , to their very last breath , rather than consent to the schismaticks , in the extermination of catholick episcopacy , which under a most false pretence of religion , stubborn traiterous persons , sworn enemies of the whole catholick church , of religion it self , and christian truth , as also of all empire and monarchy , attempt by force of arms , abandoning the whole royal authority : whom , the best and greatest god , the severe assertour of catholick unity , vouchsafe to disperse in his own time , and recollect at length the britannick church , heretofore a very illustrious part of the christian world , yea , the whole christian universe it self , as one flock under one shepheard . amen . s. d. g. can. vi. concil . nicaen . i. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a letter to the right honourable , the lord hopton , importing the occasion of writing the fore-going treatise . to the right honourable , the lord hopton , baron of straton , &c. my lord , the inclosed from dr. basier was left with mee when he took his journey toward italy ; hee acquainted mee with part of the contents , which may put your lordship in present expectation of two manuscripts , one of which is intended to sir george radcliffe ; i shall avoid all occasions , i can , of detaining them , being loath to deprive your lordship , for an hour , of the benefit which may be assuredly reaped by two tracts , so good in their several natures ; but the doctors commands , imposed upon another gentleman and my self , to search , & secure , divers quotations in his own , and the liberty hee granted of the other to be communicated for a time , necessitate mee to crave your lordships pardon , and forbearance a little while , one of the books cited by him , being not yet to be met with , and the transcription not to be done in haste . the occasion of the doctors setting pen to paper , was taken from a work which mr. chr. iustell ( he who put out the greek and latine councils your lordship hath ) is about , which he means to entitle geographia sacro-politica , making clear the distinctions of several dioceses , &c. and asserting the priviledges of some churches , exempted from the supremacy of the roman . the doctor hath importuned him to enlarge somewhat about our church , and i think ( in my hearing ) prevailed with him for a promise . this diatribe hath prepared the way a little for him , & given him a sight of what he did not so particularly understand , in reference to us . the main businesse is , the parallel of our , with the cyprian priviledge , which i wish they may sufficiently prove , to the satisfaction of the world. i shall be very glad to hear your lordships approbation of what the learned doctor hath done toward it , in the reading whose book , if any scruple retard you , i may chance to remove it , knowing the authors meaning by the daily conversation and conference i had with him . if i thought your lordship had not the lord montrosse's history , and sr. balthazar iarbiers vindication of the king ( as hee pretends ) already dispatched to you by another hand , i would use all diligence to procure , and send you them , by the first , being very ready , wherein i may , to express my self , my lord your lordships very faithful , and most obsequious servant , ri. watson . paris , march . . notes, typically marginal, from the original text notes for div a -e * lord hopton . * mr. thomas coventry . * paris . * dr. basier dr. duncon notes for div a -e a this very th . canon appears in all greek copies , and although controverted by pope leo , whom it seemed to concern , yet we have seen , and read the very same canon likewise in an excellent latine copy , the quadrate characters whereof , and other marks of antiquity , argue the book to bee about one thousand years old . this copy is in the rich library of the famous ●ustell , who heretofore gave mee the liberty of seeing it . there is also another ancient latine copy in the famous library of the noble th●●●nus , wherein yet the same canon is to bee read ; so that wee may justly question the fidelity of the later roman copies , which have it expunged . * acta inter philip . pulch. & bonifac . . * deuter. ● . . † numb . . . rom. . . s you are bishops as to the interiour , i , as to the exteriour . isa. . . † lett. , , . achrida , now ochrida . novel . . c. . * nicene can. . constantinop . can . . ephesin . can . ult . hierocl . notit . provinciar . occidental . in append. geogr. sacr. carol. à s. paul. edit . paris . . a the ordinary jurisdiction of the praefecture over the city was concluded within the hundredth mile from the city . b this difference seems to be between patriarchs and primates ; they [ that is , the patriarchs ] had ever the preference and precedence in councils , when as out of the councils was little other than an identity of their offices . there are they who , in a strict way of speaking , will haw rather the rights of metropolitans fixed in the council of nice ; but those of the patriarchs after the dioceses designed in the following councils , and namely in the council of chalcedon . however that be , it nothing retards our opinion concerning the ancient exemtion of the britannick , whether metropolitane , or patriarch . e the exarchs of dioceses are patriarchs , to whom intire dioceses were attributed . that zonaras testifies upon this canon . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . further , the definition of this canon , concerning the order of judgements iustinian confirms . l. . c. de episc. et cler. et l. . c. de episc. audi et novel . . cap. . these things chr. iustell ; the most famous searcher of ecclesiastick antiquities , learnedly observes , ad can. . concil . chalcedon . d an ancient translation of these canons hath mentioned those suburbicaries expresly in a latine copy about eight hundred years old , which is also extant in the library of the famous iustell . the words of the translation are , ut episcopus romanus suburbicaria loca gubernet . e that the british nation had been converted to christian religion many ages before augustin the monk was sent into britain by gregory the great , appears out of the holy fathers , as well greek , as latine , the chief of whom are athanasius in secunda epist. contra arian . tertul. advers . iudaeos , num . . apud pamel . it appears likewise out of the ancient gildas de exidio britanniae ; for hee refers the birth of christianism in britain to the highest time of tiberius , that is , about the year . according to the computation of baronius , who confesseth that britain was nine years elder than rome , in her christianism , vid. euseb. pamphil. in chronico . moreover augustin the monk himself acknowledgeth the bishops of the britains for truly catholick , notwithstanding their difference in rites from the romans , yea , and that when they refused to subject themselves to the roman bishop . beda lib. secundo hist. cap. secundo . * beda antiq. britan . p. . & passim . † bed. hist. l. . c. . f there are not wanting very ancient historians , who impute the slaughter of the britains to augustine , by whose instigation they say ethelbert slew one thousand two hundred of them , because they would not obey augustine in the council . essebicus . monach. in merlin . comment . nicolaus trivet . citat . a do ▪ henr. spelman . concil . p. . galfrid . monumet . g . the king is a mixt person with the priest , because hee hath as well ecclesiastical as temporal jurisdiction statut. anno decimo h. . fol. . . anno christi . king kenulphus exempteth the abbot of abbington from episcopal jurisdiction ; and the fact of the kings was judged for legitimate . . h. . fol. , . . among the laws of edward the confessor , chap ▪ it is said , that the king is constituted chief vicar , that hee may rule the kingdome and people of the lord , and , above all , the holy church . . in the time of edward the first , one had brought a bull , derogatory to this right of the crown , for which he was condemned to exile , and it was judged , that his crime had the nature of treason . . ed . the king in parliament ( as they speak ) himself expounded the canon made at the council of lions , de bigamis . . . ed. . the excommunication of the arch-bishop of canterbury was judged valid , notwithstanding the contrary sentence of the roman pontifie . . . ed. . . the king by his supremacy ex-exempts the archdeacon of richmond from episcopal jurisdiction , as also all ecclesiastick colledges , and even monasteries , which the king founded , were exempt by the same right . . . ed. . . the king and supream ordinary present by lapse . . . ed. . aide du roy. . kings anointed with sacred oyl are capable of spiritual jurisdiction . . . h. . the pope cannot change the laws of england . . . ed. . . a legate , coming into england , ought to take an oath , that hee will attempt nothing in derogation to the rights of king and crown . . . rich. . . the excommunications and judgements of the roman pontifie are of no force in england . . . h. . . the pope cannot erect the prviledge of a sanctuary in england . . . ed. . it is determined , that the pope hath no right in england of conferring archbishopricks or bishopricks . . . ed. . whosoever , by summons or sute , shall trouble any of the subjects of the king of england , without the realm of england , shall incur the loss of all his goods ( which the law of england calls praemunire . ) . . rich. . cap. . it is provided by law , that because the king of england holdeth his crown immediately from god , therefore if any one shall pursue in the court of rome any translation whatsoever of process or excommunication , &c. hee shall incur the same forfeiture of his goods , being beside put out of the kings protection . . . h. . it is decreed , that the popes collectours , by vertue of his bulls , have no authority nor jurisdiction in england ; but that the archbishops and bishops of england are the kings spiritual judges . . . h. . . . the commission of judges pronounceth with one mouth , that the premised statutes are onely affirmative of the common custome of england , but not introductive of a new law. it were an easie thing to accumulate six hundred more of this sort , but these will bee enough for the reader nor prejudicate , yet hitherto perchance ignorant of these statutes . * hist. eccl. l. . c. . et . c. . ad annum . † hist. l. . h hence is that sad complaint [ apud bed. l. . c. . ] of gregory himself in his epistle to augustin . in anglia , inqut , tu solus episcopus , &c. in england , saith hee , thou art the only bishop . how the onely ? since out of the historical context [ bed l. . c. . ] it appears clearer than the mid-day light , that there were at that time other bishops in britain beside augustin ; but yet in very deed augustin was alone , because neither the britains , nor the scots , would communicate with augustin , as who accounted him a notorious violatour of the ancient ecclesiastick liberties of the britannick island . * bed. histor. eccl. l. . c. . † lib. . c. . * lib. . c. . * tom. . ephesin . synod . append . . cap. . ep. . i let the reader see if hee can get barnes's manuscript , the title whereof is , catholico-romanus pacificus chap. . de insulae magnae brittanniae privilegiis ; for which his sober work that good irenaeus , although hee were of an unblameable life , and entire fame , yet some years since was , as they say , carried out of the midst of paris by force , devested of his habit , and like a four-footed brute , in a barbarous manner , tied to the horse , and so violently hurried away , first into flanders , afterward to rome , where being first thrust into a dungeon of the inquisition , and then into the prison for madmen , * hee died . yet those fierce people not content with his death , have indeavoured to extinguish his fame , boldly publishing , that hee died distracted . this chapter is one of the three translated out of the said manuscript , and herewith published . * some of his own order suppose him to be still living . notes for div a -e k hence is it , that wini being ordained by the gallick bishops , is received by the britains , even then when they rejected augustin the roman bishop . witness bede . lib. . c. . l so that g. nazianzens church was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 noah's ark ; and st. hierom breaks out into these horrid words ; ingemuit orbis , & se arrianum factum esse miratus est . the world groaned , and wondred , that shee was become arrian . m for full ten years after the reformation , under queen elizabeth , the roman-catholicks , without scruple , communicated with the protestants , until pius the sixth by his interdictory bull disturbed all . n how well this new interdiction agreeth with the ancient oath of the pope , the reader may judge , when ( as cardinal deus-dedit very well notes in his collection of the canons ) the ancient form of the popes oath , which is yet extant , canon . sanct. dist. xvi . quia papa jurabat , se . concilia servaturum usque ad unum apicem , was that wherein the pope sweared , hee would observe the four councils to a title . whence the most learned laschasserius very wittily infers , in consult . venet. thus , non potest igitur pontifex romanus jure contendere , &c. the roman pontifie cannot therefore by right contend that hee is superiour to those canons of the councils , unless hee will arrogate a power unto himself over the four evangels . to this oath of the pope agrees the ancient profession of pope zozimus , can. conc. statut. . q. . to decree , or change any thing contrary to the statutes of the fathers , is not in the power or authority of this see. see more at large concerning this subject * barnes's manuscript , quo supra , paralipomen . ad ss . . de conciliis , papa , schismate . * that chapter is likewise herewith printed . sacro-sancta regum majestas, or, the sacred and royal prerogative of christian kings. wherein sovereignty is by holy scriptures, reverend antiquity, and sound reason asserted, by discussing of five questions. and the puritanical, jesuitical, antimonarchical grounds are disproved, and the untruth and weakness of their new-devised-state-principles are discovered. dei gratia mea lux. maxwell, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) sacro-sancta regum majestas, or, the sacred and royal prerogative of christian kings. wherein sovereignty is by holy scriptures, reverend antiquity, and sound reason asserted, by discussing of five questions. and the puritanical, jesuitical, antimonarchical grounds are disproved, and the untruth and weakness of their new-devised-state-principles are discovered. dei gratia mea lux. maxwell, john, ?- . [ ], p. printed for tho. dring, over against the inner-temple-gate in fleet-street, london : . the epistle dedicatory is signed: j.a. [i.e. john maxwell]. appears at reels : and : . copy at : imperfect: stained, print show-through with slight loss of text. reproductions of the originals in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings -- early works to . great britain -- history -- civil war, - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion sacro-sancta regum majestas : or the sacred and royal prerogative of christian kings . wherein sovereignty is by holy scriptures , reverend antiquity , and sound reason asserted , by discussing of five questions . and the puritanical , jesuitical , antimonarchical grounds are disproved , and the untruth and weakness of their new-devised-state-principles are discovered . rom. . , . the powers that be are ordained of god. whosoever therefore resisteth the pow●● , resisteth the ordinance of god , and they that resist ●●all receive . to themselves damnation . dei gratia mea lux. london , printed for tho. dring , over against the inner-temple-gate in fleet-street , . to the duke of ormond . my lord , piety and policy , church and state , prince and priest are so nearly and naturally conjoyned in a mutual interest , that like to hippocrates his twins , they rejoyce and mourn , flourish and perish , live and dye together . sound reformed catholick protestants deny justly such a subordination of the prince to the priest , as by any direct or indirect over-ruling power , the crown and scepter are under any coactive ( directive we acknowledge ) over-ruling power of the mitre , and that kings by any church-man or men whatsoever , pope or presbytery , are censurable , dethronable , deposable . notwithstanding it is certain , religion hath a mighty influence upon state , governour , and government , that from the happiness and quiet of religion issueth forth necessarily the happiness and quiet of the civil state. the heathen did see this , that religion rightly ordered is the base and bottom , upon which king and state are founded ; religion is the cement of all societies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; it bindeth families together , and cities too , and is their greatest splendour and ornament ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that one saith religion is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and a christian to the same purpose , religio & timor dei , solus est qui custodit hominum inter se societatem ; religion and the fear of god , and nothing else preserveth all societies amongst men ; religion teacheth kings how to rule , and subjects how to obey , maketh obedience complete , universal , entire in all things , not partial in some things onely ; it teacheth our reverence , service , and obedience , not to be outward with eye-service , but sincere , for conscience sake , as in the sight of the lord. religion hath a powerful influence upon laws ; the heathen who termed religion the cement of all society , calleth it too , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the cement , the strength , the vigour , the life of all laws . this made zoroaster authorise the laws by horomasis , zamolxis by vesta , trismegistus by mercurius , minos by jupiter , charondus by saturnus , draco and solon by minerva and apollo , and numa pompilius by aegeria . religion is the nurse of the quiet of state and common-wealth ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if all living in one society and kingdom were pious and religious , none would wrong themselves or others . take it more fully from a christian emperour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if religion be preserved in peace , it rights and facilitates all the rest of the government . religion is the walls , strength , and safeguard of king and kingdom ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . overthrow me sion , civitatem veritatis & sanctitatis , and you cannot but overthrow ierusalem , civitatem justitiae : all this is much more and solely verified of the christian religion : a strange wonder then it is , that so many achitophels and achans in the world should promise to themselves , undertake to christian kings , by sacrificing the church , undoing the solemnity of the service and worship of god , destroying christ his ordinances , robbing him of his patrimony and right , to establish king and kingdom , peace and quiet in the land. how is it probable or possible , religion being the base and bottom upon which all happiness of king and kingdom are grounded and founded , the cement and bond that tieth all together ; the rule of right ruling , the mother of entire and hearty obedience , the life of laws , the use of quiet , and strength of all defence , that it being disordered , king , kingdom , and state can be well , and enjoy any kind of happiness ? if neither the dictate of nature , nor sacred truth revealed in holy word should confirm this truth ; the sad and doleful experience we find , we feel this day in the acheldama of these kingdoms , has laid it open to our eyes in letters of blood , that he that runneth by may read it . consider how since the sacred hierarchy , the order instituted by christ for the government of his church , constituted by the apostles , and continued against any prevalent opposition for fifteen ages and upwards , without interruption , hath been opposed , that in some places it is totally overthrown , in other places disgraced , weakened , and threatned with abolition of root and branch , what is the condition of sovereignty and subject ? you shall find that the course against it hath been a preparatory destructive to royalty , to the liberty and propriety of the subject . many are deceived , and think it skilleth not what government be in the church ; it is enough if the essentials and fundamentals of faith and worship be preserved . they are infinitely deceived , no society can subsist without government , and if you destroy the government , neither can the sound faith , nor the true worship be long maintained . the apostle intimateth this , col. . . that he joyed to behold their order , and the stedfastness of their faith in christ. first , their order ; then the stedfastness of their faith in christ , implying , where right order is non maintained , stedfastness of faith in christ cannot continue : a holy father to this purpose saith well , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , order is the mother and security of the being of all things that have being . do we not see that the order and government of the roman church doth this day preserve their humane inventions and unwarrantable superstions , in such safety , that , alas , truth doth not prevail much upon them are within her communion ? and on the other part , our disorder , and not setled government , maketh us lose too too much , and gain too too little . look a little upon the parallel , and consider how since episcopacy hath been infested , and way too much given to a prevalent faction , what malign influence this course hath had upon sovereignty , and it will make it appear , that the mitre cannot suffer , and the diadem be secured . it was maintained , that episcopacy was none of christ's institution , it was onely the positive constitution of man. hath not royalty been thus entertained ? do not our sectaries impudently maintain , that kings are the onely extract of the people , having their being and constitution by derivation from them ? do they not hold , that howsoever episcopacy is a tolerable government of the church , yet it is mutable , at the pleasure of the church ? and do they not answerably aver , that the collective or representative body of the community , may , upon any real or fancied exigent , mould themselves into an aristocracie or democracie ? others more desperately have reached higher , and give out , that the sacred hierarchy is antichristian , against christ and his scepter , ( not being able because of their ignorance to difference betwixt christian hierarchy , and romish hieromonarchy . ) have not the authors and abettors of these paradoxes in divinity , invented and vented as blasphemous principles against the lord 's anointed in policy ? do they not magisterially determine that kings are not of god's creation , by authoritative commission , but onely by permission , extorted by importunity , and way given , that they may be a scourge to a sinful people ? nor is this all ; these late distempers have produced creatures not of christ's making , ruling elders , who are adopted to be ecclesiastical persons , with equal power with men in holy orders , to decide and determine in matters of faith , worship , and in the exercise of the power of the keyes ; nothing kept from them but liberty to preach publickly , to baptize , and to consecrate the blessed eucharist . answerable to this , find we not , that they have erected a coordinate , a coequal , a corrival power with sovereignty , and have made regnum in regno , two sovereigns , a thing incompatible with supremacy and monarchy ? the persecution of episcopacy has been so hot and cruel , that i dare say , look upon all persecutions recorded in ecclesiastical story , none can parallel this , if ye consider it as it is cloathed with all its circumstances , and attended with its consequents ; episcopacy , after the most exact and sollicit tryal , is onely the crime , except you will add the solemnity of the publick worship intended and attempted , to vindicate god's service from prophaneness and contempt , and to restore it to its ancient true beauty , to the shame of the roman church . men innocent , men well deserving of the church and kingdom , have been cast out , their estates seized , their houses rifled and plundered , their blood thirsted after , their poor wives forced to fly , some into mountains and wilderness , some by sea , some one way , some another ; their poor children forced to starve , or beg at best ; o barbarous and inhumane cruelty , more beseeming cannibals than christians ! when the lord's prophets were hurt and wronged , was the lord's anointed not touched ? tell it not in gath , publish it not in the streets of askalon , lest the daughters of the philistims rejoyce , lest the daughters of the uncircumcised triumph . the best of kings , in whom malice it self , how quick-sighted soever , cannot find any thing blame-worthy , ( except it be a crime to be too good and transcendently clement ) hath been forced to flie from his palaces , could not find safety in that city , enlightened and enriched by his royal presence , to the admiration and envy of the whole world. his royal consort necessitated , for personal security , and in a prudential way to provide for strengthening her lord , the best of husbands , to flie beyond seas . that royal family , those olive-branches , the pledges and hopes of our continuing peace , divided one from another , and to this day remaining so . his revenues , his casualties seized by those have sent out armies and arms against him . his forts , his strong holds taken from him , his royal navy employed to destroy him , keep all encouragement of allies from him , and to divorce personally ( if they could ) those royal personages in whom we are most happy , if we had eyes to see it whom in heart and affection the devil and his malice cannot divide , notwithstanding it hath been shrewdly endeavoured . more of this kind might be added , but of purpose i forbear it . if we will consider what private men have gained , since god and religion have been wronged , we will find we have made an unhappy choice , a miserable change. no man hath protection or direction by law , no known law hath place , we are all oppressed and tyrannically over-ruled by an arbitrary power , placed in a wrong hand ; all religions ( if i may call sects so ) are tolerated , except the true catholick reformed religion ; and all heresies buried long ago in hell , are revived , in number like to be more , and in their nature more ugly than all recorded by epiphanius and st. austin ; our sectaries agreeing only in the destructive part , to make away truth and the true government , to spoil churches , rob christ of his patrimony , abrogate the solemnity of the worship , destroy ancient christian monuments : but in the positive not one agreeing with another ; ephraim smiting manasseh , and manasseh , ephraim , and both of them against judah . hath any now the liberty of his person ? are not the best of subjects , the best of god's servants kept in prisons , like to jeremie's dungeon ? what property is reserved ? since christ's patrimony hath been despoiled , who can say , this i have ? they command what portion , what quota they will , and in the end he will be a malignant at pleasure , that hath any thing to maintain this rebellion . if s. austin were living now , he might well say , quod non capit christus , hoc rapit fiscus . what stately houses have been spoiled ? what rich and princely furniture hath been destroyed ? what blood of nobles and generous gentry hath been shed ? more in this uncivil rebellion , in this short time , than in many years in long continuing wars in many countries beyond seas : this loss cannot be valued , it infinitely surpasses all other losses besides . and yet give me leave to say it , if we will look upon the pressures and sufferings of the subject , the only effects we feel of this glorious so much talked of reformation , they will transcend highly all grievances complained of in the successive reigns of seven sovereigns . and the greatest of all iudgments have fallen , upon us , that some sort with the prophet hosea , we have no king , because we feared not the lord , what then should a king do to us ? they have spoken words , swearing falsely in making a covenant : thus judgment springeth up as hemlock in the furrows of the field . hos. . . . a redress of these disorders , a remedy of these evils , we need not to expect , till we turn to god by repentance , and moses and aaron be again rightly seated in their power , their place . my lord , i have put pen to paper to right our gracious sovereign , to undeceive his subjects , making it appear , that his right is independent from man , solely dependent from god : that monarchy is the most countenanced , the most authorised spece of government by almighty god ; that the conveyance of this right is not by trust from the people ; and have cleared , what are jura majestatis , the prerogatives inherent in the crown , incommunicable to the subject ; and how sacred his person and charge is , that they cannot be opposed , are not to be resisted . a task it is above my strength . in the imperial law it is a crime mixt with sacrilege , to argue the right and power of the king ; nor was it allowed to every vulgar and ordinary pencil to draw the picture of alexander the great : and we see what advantage the seditious and factious have made of the escapes of some pens : notwithstanding i am necessitated to meddle with it , with no less constraining and unavoidable necessity , than that made the young dumb prince speak . all men are tied to the maintenance of sovereign right , none amongst men more than church-men ; it is a necessary truth , as aptly , plentifully , and purposely set forth in gods word as any else , prince and priest were once joyned in one person , and are so tied that alterius altera poscit opem res , & conspirat amicè . we find onely three office-bearers anointed by god , king , priest , and prophet ; who then more tied to maintain the lord 's anointed and his right than priests and prophets ? god hath honoured kings to be the nurse-fathers of his church ; nor when we reflect upon by-gone story , find 〈◊〉 that ever the church had either beauty , plenty , or progress , but under monarchy ; and view this day the condition of the christian church under any other government than monarchy , and we will find her condition but sorry and poor . it is the onely government which is most conntenanced and magnified in holy writ . and i dare to say , that none or all of them who ever writ purposely of politicks , or in an historical way laid down political maxims , whether it be plato in his fancied republick , or aristotle in his politicks , or cicero , or livie , or dionysius halicarnasseus , or cornelius tacitus , or who besides , either by art or story , is most renowned this way , have given us so fully , so apertly , the right of monarchy , the true prescript of government , and perfect rule of obedience to the subject . the ancient fathers and martyrs , whilst emperours were heathenish and persecutors , have delivered this doctrine , pleaded the sacred royal prerogative of emperours , and with other truths have sealed this with their blood. who can deny then , but it beseemeth a divine most of all men to maintain or write of this subject ? a wonder then it is that some smatterers in divinity writing in this subject , do borrow principles from old poetical fables and toyes , make premises , and infer conclusions , not onely destructive of monarchy , but also contradictory to that truth scripture hath revealed . like to them are our pettifoggers in the law , ( i reverence learned iureconsults , who deserved well in this subject ) who cry out , what have church-men to do to dispute the king 's right ? that belongeth to us , who are versed in the laws of the kingdom , and know what power the law alloweth the king , what not ; these ignaroes , who are better versed in the statutes and acts of parliament , than in the acts of christ and his apostles , may even as well go about not to authorize the book of god , except it be warranted by their law , as to aver that the king hath nothing immediately from god , nor no sacred right but what he hath by law. more learned lawyers than they can be , as bodin , barclay , and others , have treated of this matter , and made as good vse of scripture and holy fathers writing , as any other warrant besides . it is more than evident then , that no men are more obliged , no men may be more fitted to maintain the royal prerogative of kings than divines . but officiis quis idoneus istis ? i confess my weakness , my insufficiency , and am forced to have recourse to a patron worthy of it , and able to maintain it . i could hit upon no subject more worthy of so great a personage as you are , nor a patron so worthy , so enabled to maintain it and its poor author , as your lordship . nobles are amongst subjects the first-born ; the ennobled amongst the romans had a badge of a moon or crescent , in plutarch's judgment not so much to signifie the instability or frailty of their place and honour , as to put them in mind to be obedient and loyal to their prince , the fountain of their high dignity , as the sun is to the moon ; for your high nobility by a long continued race transmitted to you from most noble ancestours , to write or recite it , were as to light a candle to add light to the sun in his strength , in his vertical point , and that transmitted so from them , and derived to you , that in that whole stem , the root and all branches , who inherited the honour , not any tainted with disloyalty . nay ; their honour is higher , some of them have had the honour to dye in the highest bed of honour , to lose their lives and great state and honour for loyalty to royalty this is nothing yet but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the splendour of birth , the glory due to those of whom you are descended . nam genus & proavos , & quae non fecimus ipsi , vix ea nostra voco . true nobility , besides these , requireth not onely the inheritance of riches , ( for that is but antiquae & inveteratae divitiae , as athlary writ to the senate of rome ) with the inheritance of honour , for that it is a body empty of a living soul ; but it is to inherit the noble honour of noble and generous ancestours . nobile ( saith aristotle ) id est quod ex bono genere prodit , generosum quod à sua natura non degeneravit . herein you all meet , for honour and virtue do contest for the excellency , but virtue truly hath the eminency . in you is verified that of the lyrick poet. fortes creantur fortibus & bonis : est in juvencis , est in equis patrum virtus ; nec imbellem feroces progenerant aquilae columbam . malice it self , how ingeniously witty soever , cannot prejudice you in this , whose piety is admirable , whose wisdom and prudence is above age , above the ordinary and all your equals , a master of your passions , and so experienced in matters of state and government , that it is a wonder to them who know you , and incredible to those that have not been eye and ear witnesses . your heroical magnanimity speaketh it self in your heroick martial acts , admired not onely by excellent commanders , not onely for courage , but for prudence and rare government ; by which you gained so much , that the valiant annibals and scipioes there would rather sacrifice themselves , than expose you to danger ; and yet you would not act the general , but by doing the valiant acts , contemning dangers and death , beseeming inferiour officers , but worthy of the greatest caesar. who can consider aright that more than admirable piece of prudence in that treaty of cessation in such a time and such a case , where you were so assaulted with two of the worst extremes of opinions , enraged both of them with the same degree of madness , but must say that is true cicero said de nat . deor . nullus unquam magnus vir fuit sine afflatu divino : the intelligent and better sort must confess , that without a great mercy to us and more than ordinary favour from god , this could not have been effected : the better sort are confident , the happy effects of that work will make many souls live , and your honour live for ever . these are the load-stones of all the honour , the love and zeal which have necessitated me to take recourse to your honour's patrocine , that what is deficient in me , and this poor trifling treatise , may be compensed by that eminent worth and perfection is in you. i do confess , i have so many ties by personal favours received above my desert , that i were the ingratest of christians if i did not acknowledge it ; yet give me leave to speak truth , notwithstanding all these endowments , if i had not seen , and were not assured , that in none in this age there can be seen more true discreet zeal to christ's church , and loyalty to your master , our most gracious king , i had never presumed to go this way . i see it , even there and then , where and when satan had erected his throne , and antipas , god and the king 's faithful servant did fuffer . my lord , god hath sent you to us for a comfort in these worst of christian times ; who knoweth but at this time you are set at the helm to help the lord , right his anointed , and to save a poor church threatned with ruine ? go on in your piety and devotion , with these heroical endowments god hath enabled you , and be assured god will heap honour on you and your noble family for ever , and reward you with an uncorrupt , undefiled , and eternal crown of glory : which shall be the fervent and constant prayers of your lordships most humble and bounden servant i. a. to the christian reader . christian reader , this is an extemporary piece , which was extorted by the importunity of friends ; who prevailed so far with me , that i chose rather to expose my weakness and it to the censure of the world , than uncourteously refuse them . to strengthen truth , i was able to bring more zeal and good affection than any other abilities . believe , i write nothing but that i am assured of in conscience , in certitudine mentis , and which i believe to be really certain , in certitudine entis . god knows , i am far from temporizing , and he is of weak apprehension , that in this distemper can expect any great reward by appearing in publick to maintain this sacred truth ; experience teacheth us , that it is more advantageous to run the contrary course , if a good conscience could allow it . if the method in handling and proposing these five ensuing questions be not so orderly , i beg pardon ; and that justly , because i follow the order proposed by the observator . if the diction be not so terse and pregnant , i am not able to help it ; for by nature i am not enabled to delicate and witty expressions , nor have i endeavoured by industry to help those natural defects . my care was ever to study truth and reality , more than flowers of eloquence , holding that for one ( as i am ) of small reach , the better way is rather to be inter reales , than inter nominales . if there be any tart expression , construe it charitably , as fallen by inadvertence from my pen , whereas there was no gall in my heart . if any will be at pains to examine it critically , and to answer it rationally and fully , i humbly intreat him to do it in a christian and charitable way , without passion , for which i shall heartily thank him : and if i be not able with as much reason to answer him , i shall not be ashamed to retract my errours , and joyn heart , hand , and pen , for him and all christian sacred truth ; of which kind i hold those which i would maintain , to be . if any thing in it give thee content , thank god for it , and pray for grace and strength to the weak author , who hath resolved to be a lover , a professor , and a maintainer of truth according to his power , at whatsoever peril , to advance the true reformed catholick religion , and what may conduce to the honour of our church , to the overthrow of that is truly popery , and to the regaining of all erring sectaries to the communion of this church . and let all of us put up our hearty and humble prayers to almighty god to touch our hearts , that we may endeavour to keep the unity of the spirit in the bond of peace ; to do good in his good pleasure unto sion , to build up the walls of ierusalem , to re-establish his anointed , our sovereign in his throne and right , to set aright what is disjoynted in church and state , that all of us may be happy here , and receive that crown of glory , which the righteous judge hath laid up for them that love him , his truth , and christian peace . — si quid novisti rectius istis candidus imperti ; si non , his utere mecunt . elenchus questionum . quaestio prima . whether or not the king be onely and immediately dependent from god , and independent from the body of the people , diffusive , collective , representative , or virtual ? affirmatur . quaestio secunda . whether or not god is no more author of regal , than of aristocratical and democratical power ? of supreme , then of subordinate command ? and whether or not that dominion which is usurped , while it remains dominion , and till it be legally divested again , refers to god as its author and donor , as much as that which is hereditary● negatur . quaestio tertia . whether or not the nature of conveyance of sovereignty to the king , is by trust immediately from the people , and mediately onely from god , and as fiduciary , so conditionate , and proportioned to what measure or portion the people please ? or is it intirely and immediately by a trust devolved upon him from the king of kings ? neg. prius , aff. posterius . quaestio quarta . whether or not be there any jura majestatis , some divine prerogatives , intrinsecally inherent in the kings crown and sovereignty , which are incommunicable to the subjects ? aff. where is explained what they be . quaestio quinta . whether or not in any case , upon any reason , just or pretended , it be lawful for the subject or subjects , in what notion soever imaginable , singly or joyntly , collectively or representatively , to oppose the sacred authority of the king , by force or arms , or to resist him , either in a defensive or offensive way ? neg. elenchus capitum , questionis primae . the preface : page . containing the sum , method , and order of the ensuing treatise . chap. i. wherein is maintained , that the king is onely and immediately dependent from god , and independent from the body of the people , diffusive , collective , representative , or virtual . the contrary opinion is explained , the authors and asserters , some of them , with their differences , are recited . pag. . chap. ii. how that god is the immediate author of sovereignty in the king , and how he is no creature of the peoples making , is explained and proved by scriptures . . chap. iii. the same truth is proved by more arguments from holy scripture . . chap. iv. that kings are onely dependent from god , and not from the community , is further proved by scripture . the poor shifts of suarez and bellarmine are removed , who , abusing the passage , deut. . would have the constitution of the kings of israel to relate to the people , as its real and proper origine and cause ; and the priviledged case onely this , that god reserved to himself the designation of the person of the king. . chap. v. that all christian kings are dependent from christ , and may be called his vicegerents , is proved . . chap. vi. that the king is solely dependent from god and christ , and independent from all others , is proved by the suffrages of the holy fathers . . chap. vii . that the government of mankind is established by god , and is necessary jure naturae , is proved by reason against those that hold that all government is arbitrary , of the voluntary constitution and composition of men . . chap. viii . that sovereignty is not by derivation from the community , is proved by more reasons . . chap. ix . that sovereignty is not derived to the king from the people , communicativè , by communication , so that they may resume it in some cases , is proved by reason . . chap. x. wherein the truth of our tenet is by more reasons asserted , the contrary errour disproved , and the absurdities in the sectaries paradox involved , are discovered . . chap. xi . scripture by example teacheth us , that kings of the peoples making have not had gods blessing , but have ruined their makers . . chap. xii . wherein three grounds of our adversaries are taken off and disproved . as , . that the interposing of an humane act in the constitution of a king , doth not hinder the sovereignty to be immediately from god. . next , the inconsequence of that sophism ; a private man may make away his personal liberty , and enslave himself to another , ergo , a people or multitude may do the like , and invest a king with sovereignty , is detected . . the true sense of quisque nascitur liber is given , and the false gloss of the adversaris is discovered . . chap. xiii . the maxim , quod efficit tale , est magis tale ; or propter quod unumquodque tale , ipsum magis tale ; or constituens constituto potior , is examined , . chap. xiv . other grounds of the iesuits and sectaries are removed and disproved ; as that , that neither scripture nor nature determine the specification of government ; nor do they intimate why this man more than the other , or he than a third ; or these more than those , should have the power of government . and that great one is taken out of the way , where by the variety and difference is found in several monarchies , it is more than apparent , say they , that monarchy is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by the voluntary composition and constitution of man. . chap. xv. wherein is examined the iesuits maxim , that every society of mankind is a perfect republick ; and consequently the community may supply and rectifie the defects and errours of sovereignty . and the puritans too , that if there were not such a power and superintendency to supply , god had left man remediless . . chap. xvi . wherein is examined that maxim , salus populi suprema lèx esto . and the other , that the people may be without a king , but a king cannot be without people . . chap. xvi . as the king hath an high calling by immediate donation from god , so hath he an high charge with his prerogative , to be as eminent in sanctity , as he is excellent and sacred in power . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . sacro-sancta regum majestas : or , the sacred and divine right , and prerogative of kings . the sum , method , and order of the ensuing treatise . it is not my purpose at this time , to examine and refute the opinions and errours of those , who either totally or partially , have spoken against government , as the fratricelli in the judgment of some , who alledging their independency from man , and assuming to themselves an immediate being or derivation from christ , no less than the apostles , and every way as perfect , would submit and subject themselves to none . our independent ministry looks this way . or as the begardi , who did hold that the government of superiours was only for the more imperfect , but have no authority over and above the perfect . nec rex , nec lex justo posita : no superiour , no law for the saints , the holy ones , the perfect ones . it feareth me this age fancieth to it self some such thing ; and have learned it of korah , dathan , and abiram , who have gathered themselves together , against moses and against aaron , and say unto them , ye take too much upon you , seeing all the congregation are holy , every one of them , and the lord is among them : wherefore then lift you up your selves above the congregation of the lord. both these sects were about the end of the thirteenth age and beginning of the fourteenth age. nor purpose we to meddle with that mad heresie , of the anabaptists , who condemn all government whatsoever as sinful and unlawful . it is an impious blasphemous error , destructive not only of humane society but mankind it self . you may read in it their antitheses christi veri & falsi , published in transilvania , anno . the seventh of which is , that the false christ hath in his church , kings , princes , magistrates , and the sword : but the true christ hath none , nor alloweth any of those . we presuppose all with whom we are to enter in lists , do willingly grant , that government is not only lawful and iust , but necessary both for church and commonwealth . neither intend we to refute that erroneous and pernicious tenet of some who held that , dominium fundatur in gratia , that the right of dominion is founded in grace or any other supernatural gift . for it is certain , it is neither founded , . in gratia praedestinationis , in the grace of predestination : . nor , in gratia gratum faciente , in that grace which is in the stating of a man in the actual condition of grace and salvation : . nor , in dono aliquo , supernaturali gratiae infuso , in any supernatural infused grace ; as soundness of faith and profession of the truth , or i cannot tell what character of christianism they fansie to themselves . whether or not the w●ldenses , wioliffe and hus held any tenet like to these ; i cannot now insist to prove or disprove it . but sure i am , if the writers of the roman church do not wrong , some of their own have said some like thing . as henry the cardina● b. of ostia , who lived about the year . averreth , that soundness of faith and profession of the truth , is fundamentum dominii . armachanus de paupertate christi faith , that fundatur in gratia gratum faciente . nor will i take the pains to examine gerson the chancellor of the university of paris , who lived in the time of the councel of constance , who de vita spirit . consid . . and others after following him , did hold that the just did acquire a new title and right to what they possess either in dominion of propriety or iurisdiction . if any de●ire to have more satisfaction in this point , i refer them to the casuists , where they treat de subjecto dominii ; pity it is that too many do confidently hold these or the like tenets , and in a worse sense than gerson , for his tenet with a little benign interpretation , may pass for tolerable if not warrantable . nor is it fit or pertinent for us now , to refute the errour of the canonists and others , who hold , that directum dominium , the direct and primarie power supream , whether civil or ecclesiastical is in the pope as christs vicar upon earth , immediately from christ derived unto him , and from him to all kings whatsoever , mediately by dependence and subordination . the jesuits are ashamed of this : and therefore will have the pope only to have indirectum imporium , an indirect directive and coercive power , over all kings and states , in ordine ad spiritualia , as civil power and businesses are related to religion and salvation . it is a curious subtle quirk and nicity of scholastick invention , and a jugling trick to bring all kings , ( christian at least ) kingdoms and states , into subordination and subjection , to the transcendent and extravagant power of the pope ; nor doth this expression differ from the other , in re , in the matter or extent of the power , but , in modo rei , in the manner of the thing , as they claim it . and cometh fully home , that the pope by this indirect right of his related to religion , by which , any civil act or business whatsoever , with his school formalities , he may qualifie with such an ordination and relation to spirituals , that directly by this indirect power , he may king and unking at his pleasure . our presbyterians if they run not fully in this way , they are very near to it . i wish we were so happy this time , as that we had not to do with other impugners of sacred and royal authority , but jesuits and canonists . that which we have proposed to our selves , in this short ensuing treatise , is to consider the main grounds by which the jesuit and puritan endeavour by no less spurious than specious pretexts , of liberty of the people and subject , of the reforming of religion , purging it from error , preserving it in purity , to rob kings of their sacred and divine right & prerogative : making them derivatives from the people , in whom they will have all supream power originally and radically primarily seated : so that if kings fail in performance of their duty , the people may supply it , at least in some cases , may do it of themselves : nay that kings are accountable to them as to their superiours , censurable , punishable , and dethronable too . by which the copy-hold of a crown is no better than durante beneplacito plebis or communitatis , during the good will of the community , for by these mens principles the people are made judges ; and may find exigents , which will warrant them to resume , and to exercise this power . puritan and jesuit in this , not only consent and concur , but like herod and pilate are reconciled to crucifie the lords anointed . a thousand pities it is , that our sectaries , pretending such a zeal against popery , and who no less maliciously than confidently rub upon sound protestants , the aspersions of popery and malignancy , do joyn with the worst of papists , in the worst at least most pernicious doctrines of papists . but ten thousand times more pity it is , that the true reformed and sound protestant religion should suffer by such miscreants , that sound protestants should be charged with these heresies in after ages . we will be forced to disclaim them , and say with st. iohn : they were amongst us , but were not of us , and they have gone out from us . it is not warrantable to be so large in our charitable defence of any , as to prejudice the inviolable and sacred truth of almighty god. our work is to examine and discuss some new devised state-principles , set on foot in this distempered age , which have robbed church and state of peace and happiness , which these kingdoms of late and long continuance , have plentifully enjoyed under the government of our blessed king and his predecessors , to the envy of other neighbour kingdoms and states . these may all of them be reduced to five great ones . . first , that royal authority is originally and radically in the people , from them by consent derived to kings immediately , mediately only from god. that the collation or donation of the power is from the community , the approbation only from god. . the second , that god is no more author of regal than of aristocratical and democratical power ; of supreme than of subordinate : and that dominion which is usurped and not just , while it remains dominion , and till it be legally again divested , refers to god as to its author and donor , as much as that which is hereditary . . the third , that sovereignty and power in a king is by conveyance from the people , by a trust devolved upon him , and that it is conditionate , fiduciary , and proportioned according as it pleaseth the community to entrust more or less . . the fourth , that royal power in a king is not simply supreme , but in some cases there is a co-ordinate power or collateral ; nay , that in some cases the king is subordinate to the community . . the fifth and last is , that the king in some cases may be resisted and opposed by violence , force , and arms , at least in a defensive way . these are the main foundations upon which all those impious courses are built , and which have had such influence upon disaffected and less knowing subjects , to raise and cherish these distempers and rebellions , for which all sound-hearted and good subjects mourn . yet to add the more lustre to them , there be couched under them , or added to them , a number of specious general maxims apt to ensnare the popular faction , which we shall by gods help clear and demonstrate to be untruths and popular sophisms , as they offer in their own proper place . the contrary of what they a●firm , we hold to be sound divinity , agreeable to the truth revealed in scripture , consonant to the tenets and practice of the ancient christian church , and grounded upon sound reason , deducted out of nature and the best institutions of policy and government . that we may the more orderly proceed , we sum up all into five questions ; whereof the first is this , whether or not sovereignty or the royal power of a king be independent from all creatures , solely and only dependent from god ; immediately from him , and neither from the community , the diffusive , collective , representative , or vertual bodie of the people ? in which by gods grace we will make it appear , that the king is the derivative of the primative king , who is the king of kings , and lord of lords . the second is , whether or not , god is no more author of royal power , than of aristocratical or democratical ? of supreme than subordinate ? of usurped and not just , than of just government and regal ? in which it will appear , that by gods institution regal is graced and authorised above others : that aristocracy , democracy , and monarchy are not , species univocae regiminis , sed analogicae , not univocal kinds and species of government , but equivocal ▪ at best analogical ; are , howsoever tolerable , and not so perfect , some way defective , and that they degenerate from the true and most perfect species of government , monarchy , in which is formalis & completa gubernandi ratio , the most formal and compleat e●●ence of government . the third is , whether or not , sovereignty and royalty be in a king by conveyance of trust , fiduciary and conditionate issuing from the people , by a trust devolved upon him in that portion it pleaseth them to proportion ? in which will be evident , that the trust of sovereignty and government is by god devolved upon the king. that all sovereignty related to god is fiduciary and conditionate , but related to the people is absolute . the fourth is , whether or not by divine institution any man or men , some few or many , have any co-ordinate , co-equal , or collateral power with the sovereignty of royalty ? or whether or not in any case or exigent , a king can be subordinate ? in the resolution of which question fitly and conveniently will be discussed , that in quo formale imperii consistit , that in which the essence of sovereignty doth consist ; and without which it cannot subsist ; as that it is supreme , perpetual , and freed from all coercive and coactive power , which the hebrews call imperium majus , the politicks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the fifth and last is , whether or not in any case it is lawful for subjects , one , any , more , or all to oppose a prince ? quaestio prima . whether or not , the king be only and immediately dependent from god , and independent from the body of the people , diffusive , collective , representative , or vertual ? chap. i. the affirmative is maintained , the contrary opinion is explained , the authors and assertors , some of them with their differences , are recited . we hold the affirmative , that the king is only and immediately dependent from almighty god , the king of kings , and lord of lords , and independent in his sovereignty and power , from the community in what notion soever you conceive it , either as a diffusive , collective , representative , or vertual body . the jesuit and puritan to depress kings aver , that all power is originally , radically , and formally inherent in the people or community , and from thence is derived to the king. in the explaining of this proposition , there is amongst those who lay this foundation for the building of their babel a great latitude of diversity . lately i read in one , who is the author of the tract concerning schism and schismaticks , pag. . we have believed him that hath told us , that in christ iesus there is neither high nor low , and that in giving honour , every man should be ready to prefer another before himself : which saying cuts off all claim certainly of superiority by title of christianity , except men think that these things were spoken only to poor and private men . nature and religion agree in this , that neither of them hath an hand in this herauldry of secundùm sub & supra , all this comes from composition and agreement amongst themselves . i have given you his words , i should be glad to be mistaken , and crave him mercy . but as i conceive him , this position is worse than any i know of the jesuits , or more moderate sectaries ; both of them acknowledge a necessity of government is taught by nature and grace , and that the distinction of superiority and inferiority is the dictate of common reason and religion : otherwise neither nature nor religion may avoid confusion or destruction . god who is the god of order and not of confusion , is the author of this herauldry , of secundum sub & supra , in the whole universe , in church , in state. hath not god in the moral law taught it , honora patrem , &c. honour thy father , & c ? do not st. paul and st. peter rom. . . pet. . . v. command this as the will of god ? and did not our saviour practise it , and his apostles after him , and after them all the christian church ? you must take away humane society in church and state , if you take away this herauldry of superiority and inferiority . sure i am , the jesuits do hold that government is ex jure naturae , by the law of nature . i hope our sectaries think no worse in this point than the jesuits . i return to the jesuit and puritan , who are very like-in this tenet ; but give me leave to say , for as bad as the jesuit is , in my conceiving the puritan is worse . let us make a parallel . . first , the jesuit says , that all power civil , is radically and originally seated in the community or multitude , god having made it the primum subjectum , the first subject in which it is seated . the puritan joyneth hands here with the jesuit . . next , both of them say , it is from the multitude by way of collation and donation to one , as in monarchy , to some as in aristocracy , to many as in democracy ; so that immediately it is from the people , and mediately from god , and not so much by collation , as by approbation . how the jesuit and puritan walk along in an unequal pace , see bellarmine , l. de laicis , cap. . suarez . defens . doctrinae orthod . contra sectam anglicanam , l. . . thirdly , that the people may change monarchy into aristocracy or democracy , or an aristocracy into a monarchy , or democracy , or è contrae ▪ which way you will ; for ought i know , they differ not in this neither . . but some of our new state-divines , do hold that this power is derived to the king from the people , cumulativè or communicativè , non privativè , by way of communication or cumulation , but not by way of privation ; that is , howsoever the people communicate this sovereignty to the king by trust , yet they denude not themselves of this sovereignty . to make it plain , it is in their opinion no otherwise than as when the king of england appoints a lieutenant , deputy , or high commissioner of ireland or scotland , he denudes not himself of his royal power , but delegates them with power and trust for his service . if this be their mind , ( for i cannot conjecture at any other , and if they have any other sense , i wish they would make it plain ) the king is in a poor case , by such a derived power : for then as the king of england giving to his deputy or deputies that power only cumulativè , he cannot by reason or law , seeing potior est delegantis quam delegati authoritas , that the principal his authority is more excellent than he delegate's , nor can he be debarred from that right the law of nations giveth him , anticipatione , concursu or evocatione , by procognition , his own proper entire right , or evocation , to determine or judge in any thing that concerneth that his kingdom . if they authorize the people so , let any that hath common sense judge in what condition these new-state-divines do put kings . . they aver ( which maketh me the more inclinable to conceive that to be their mind , which before we have expressed ) that the same sovereign power is , ( howsoever derived from the community to the king ) in the people suppletivè , that is , that if the king be deficient in necessary duties of government for the good of the church and state , the people by their innate power , may do and supply it . this our rabbies have not only taught but practised here and elsewhere in his majesties dominions ; yet in my poor reading i have not found any jesuit ( although i confess by deduction out of their principles this consequent may be expressed ) so roundly and right down to say it . it is true that bellarmine saith in his recognitions lib. . q. de laicis : populus nunquam ita suam potestatem in regem transfert , quin illam sibi in habitu retineat : ut in certis casibus etiam actu recipere possit : that the people do never so transfer their power into the king , but that they retain it to themselves habitually : that in some certain cases they may resume it . i find a tenet bad enough , impious enough , sacrilegious enough , but he doth not say , that this power is transferred only cumulatively : nor doth he talk of any suppletivè , actual supply : only he telleth of an habitual retaining in the people : and that upon some cases they may resume it , not in every ordinary case ; nor can they do it . it is true , bellarmine expresseth not the case or cases , he knew it to be difficult , or would have it , it is like , to be a reserved case for the pope of rome , when it pleaseth him to determine or define it . but if we may guess at his mind by his brother jesuit suarez , read him lib. . defens . orthod . fid . c. . § . and three . and there he telleth you , that he will have it definite and constant in law , and that extant and evident : vel antiquis & certis instrumentis , vel immutabili consuetudine , either by ancient and faithful records of law , or by unchangeable and not interrupted custom . if this cannot be produced , the only case he assigns is , si rex sua potestate in manifestam civitatis perniciem abutatur , if the king evidently , apparently abuse his power and sovereignty to the total destruction of his kingdom , ( let none cavil that we english civitas the whole kingdom ) comprehending king and kingdom , for they that have but the terms of policy , know that civitas is the whole kingdom and state , with the king ; and civis the true latin word for a subject . he giveth his reason why in such a case this is lawful , quia potest populus naturali potestate ad se defendendum uti , quia hac se nunquam privavit : because the people may use that power of self-defence with which nature hath endowed them , for they did not divest themselves of this power , nor was it transferred upon the king. the result of suarez's mind is , that if there be not authentical uncontrolable records , or immemorial and not interrupted customs , to determine the cases , the judges , the way of procedure , the bounds and extent , quos ultra citraque , how far and no fart●er ; there is no case lawful or imaginable , but in the abuse of sovereignty to the total destruction of king and kingdom , which case as we think howsoever imaginable , yet in facto esse , it is impossible ; as we will shew after in the last question that this is not warrantable by gods institution , nor doth the charter of nature entitle us to this right of self-defence , in this case to make away , nay , to resist a king. and observe how warily the jesuit qualifies his case . first it must not be a feared or conjectured case of ruine and destruction to king and kingdom , but manifest and clear as the sun-shine . next , that not any case of injustice , oppression or tyranny , doth warrant them to do or act this , but a manifest actual overthrowing of the whole kingdom , king and all subjects . gerson and others of the parisian doctors , qualifie the case thus : . that it is necessary , that he intend and attempt the total overthrow and destruction of the kingdom . . next , that a jealousie or conjectural evidence is not sufficient , i must be manifest , as evident as it were written with a ray of the sun. . to these two must be added invincible and insuperable ob●●imacy , which cannot by humble reverence , deprecation , supplication , or any other means else , which becometh a subject to use in all reverence , prudence , and submission to a prince be amended : let god and good men judge , if our case this day be so circumstanced and qualified . thirdly it is worth our noting , that he speaks not of resuming sovereignty to the people as to it 's proper owner , by which this resistance or censure is to be done : but of a natural power of self-defence , of which the people and community were never denuded nor divested . that this is the jesuits mind , appeareth yet more clearly by what followeth : for saith he , it is not lawful to the people , to restrain or limit the power which they have once tra●●mitted and committed to the king , quia lex justitiae non permittit , quae docet legitima pacta non esse rescindend● , & donationem semel absolute factam revocari non posse , neque in totum , ne ▪ ex parte , & maxime quando onerosa sunt ; the very law of common equity alloweth not that contracts , and covenants should be repealed ; and what is once transferred by donation , may not by the same law be made void either in whole or in part , nay not when the condition is to the prejudice of the donor . he adds more , that laws made by a prince cannot be repealed or made void by the people or community , without the tacite or express consent and allowance of the prince . no , he adds more , that a prince doth not pendere à populo in sua potestate , etiamsi ab ipso eam acceperit , quia poterit pendere in fieri , & non postea pendere in conservari : doth not depend from the people in his sovereignty and power , although he had it from them ; because saith he , while he was a making , or to be made king , it was of them , but to continue to be so , it is not from them . let me add , with this of suarez , another passage of bellarmine , where he contradicts that he speaketh , which before we cited becognit . lib. . q. de laicis . the passage you have in his tract against padre paulo , where he grants that a people or community may have some power of approving or rejecting of a preacher over them while he is a chusing , or to be instituted , but not after he is chosen or appointed : he proveth this thus : quemadmodum , saith he , exercitus poterat approbare , aut reprobare personam quae in imperatorem proponeretur ; ubi tamen imperator factus esset , illum judicare non poter at ; neque in illum ullam habe● potestatem . as of old amongst the romans , when the armies or souldiers did choose the emperour , the army might accept or reject him that was to be created emperour , but being made emperour and invested in the empire , the army was no more his iudge , neither had any coercive or coactive power above him . whilst the cardinal was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , wedded to the conclusions of the roman sea , truth and honesty fell from his pen. these things i observe not to plead for jesuits , the bane of christian peace , nor that i think that there is more honesty in them , than in a puritan , but only to put our sectaries in mind that howsoever their tenets by deductions and consequences are tant ' amount as theirs , yet they are more wary and prudent than in their expressions , for i never see how their communicative and suppletive , by the most benign sense can suffer so favourable an interpretation , as the jesuits tenets do . besides our sectaries have to consider , by how much more they deteriorate and depress kings , committing or appropriating so extravagant a power transcendent above them , to the community or people , who are the weakest in judgment , the most instable in their resolutions and conclusions , ready to cry to day hosanna , and to morrow crucifige ; ready to cry to gideon now reign thou and thy son for ever over us , and incontinent joyn with sichem , and his base son abimelech : kill his seventy sons all of them , but iotham who iniraculously by gods providence escaped : who in scripture are compared to the raging of the sea , for their violence and impetuosity ; and ever casting up dirt , for their corruption : than doth the jesuit who will not admit people shall do it , till the pope take notice of it , as competent judge by divine appointment or made umpire by arbitrement . for sure i am , that the most solid and learned of the roman church do hold , that subjects cannot by any be loosed from the oath of allegiance till the pope do it . again , i pray you to consider what encouragement it is for kings and monarchs to become nurse-fathers of the reformed church , when by our printing and practices we abase them so far as to make them the basest extract can be derived from the community ; and that they are deposable and dethronable by the people , upon any exigent they judge fitting . will not any understanding prince , chuse rather to submit and subject his crown to the popes mitre , than to the fury and violence of an untamed beast ? where piety should be , reason and judgment may be , and if all be deficient , yet wrath may be sooner in one , in him appeased , than in a bellua multorum capitum . his avarice or ambition sooner satisfied than is imaginable , of that insatiable beast of the community . fifthly , our gamaliels hold , that as this sovereign power is originally , formally , radically , inherent in the people , so it is reductive by way of reduction theirs , that is , in case of total defailance of a king and his posterity , or in case a king by just demerit , excidat jure suo , forfeit his right , this right reverts and returns to the community again . and in this , for ought i know , both jesuit and puritan conspire , only the jesuit sworn to maintain the exorbitant pride and power of pope , reserveth the interest extravagant of the pope . and as papelings do it in ordine ad spirtualia ; so presbyterians come well nigh it , who will have the king , but custos and vindex , and most put in execution what the presbytery or assembly determines in gods case and cause : otherwise you know what they may do , excommunicate &c. and what follows upon that you know by joyning the law and the gospel . mat. . it is christs command , that an excommunicate shall be unto thee as an heathen or publican : and the tenor of the law runs , deut. . a stranger shall in no wise reign over thee . because we are sure that our adversaries in the roman church will the next day either strengthen their tenet , asserting it by the testimony of our men , such as they will have us to own without all reason , or then that they disclaim this part of the tenet , by which such extravagant power is given to the people , which the pope may do at leisure and pleasure ; for neither he nor any council of theirs hath as yet determined it to be de fide ; and turn it home as a true brood of reformed religion , which i most fear , and with good reason ; for when the jesuits were of late in this our blessed kings reign charged by a church-man that their doctrine was seditious , and treacherous concerning kings ; a jesuit in spain was bold to answer , that the same tenets were preached and printed by ours , and practised , before a jesuit was , or ever they did print , gave a paper with warrand of the books , as goodman , &c. and it is well known here , what was professed and protested by father knot in his epistle dedicatory to our gracious sovereign before his book , entituled christianity maintained about the time of the stirs and distempers in scotland . because i say , our enemies are so malicious and subtle to take all possible advantages to wrong us , and our good cause , i aver confidently , that those and the like tenets were never taught nor believed by the sound protestants of the reformed churches ; but our sectaries learned them of their bouchier , de justâ abdicatione , hen. . rossaeus peregrinus his de justa reip . in principem potestate . hottoman his francogallia , his de jure regn . gal. mariana and others . and for my part i probably conjecture by the terms they use that they have borrowed their first main tenet of the sorbonists , and others of that kind ; who to oppose the pope his infallibility in judgment , his unlimited power , and to subject him to a council , did dispute themselves almost out of breath , to prove that potestas spiritualis summa , was by christ first and immediately given unitati , or communitati fidelium : that so the power might never perish , the truth might be ever preserved , and that howsoever for the time it was virtually in the pope , yet he had it only from the community of the faithful communicatively , and in case of defailance , in them it was suppletive ; and in case that the power of the church was abused to heresie or tyranny , the pope was deposable ( not only censurable ) by a council . this question was acutely disputed before , about , and after the councel of constance . in the like manner to vindicate the sovereignty of kings , from subordination or subjection to the sea of rome in temporalibus , they made the community of the people , the prime , first , proper , and immediate subject of all civil power , intending at this time only to vindicate princes from the sacrilegious and violent invasion of the pope of rome , who most impiously and tyrannically usurped upon them ; as gregory nazianzen says , it may well be that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , like to a cooper to right a bowed or crooked stick , will bend it too much to the other side , to rectifie it , so these men to right princes from the tyranny of the pope of rome , run upon the other extreme , for the time not considering it ; as the fathers to shun the scylla of manicheism who imposed an inevitable fate and necessity upon all the voluntary actions of man to vindicate mans will , and freedom from inevitable necessity , and to assert to it it 's native liberty ; they did run so far to the other extreme , that they ascribed too much to the natural power and strength of mans free will , and so seemed in heat of dispute to derogate too much from the necessity of grace to our doing good . of which expressions the pelagians afterward did make use against the orthodox . some there be , who do maintain these parisians and others , that howsoever they did think kings and sovereignty were from the people by their consent , yet that power was immediately from god. the maintainers of this opinion i honour much for their learning and other excellent parts . but give me leave to say it , i do not see how it can be maintained , though i intend as much as any man to construe all men in the best sense . do not all of them distinguish inter potestatem civilem & ecclesiasticam , betwixt civil and ecclesiastical power ; that kings and emperours have their civil power at first by donation from the people ; but church-men may be chosen or deputed for sacred orders or functions by men , but the donation or collation of the power is from god ? do they not hold that in fieri , kings are dependent from people , but not in facto ? while they are instituted , but not after that they are invested with that power derived from the community ? do they not maintain that they are immediately from god but in regard of approbation ? that , in some , in this point , they hold the kings power , his constitution in fieri , is by the peoples donation transferring their innate inherent right upon him ; which being immediately by god approved of , they depend no more in conservari , upon the people ; their words are , ita quod in possidendo illo ( scilicet impèrio ) nullum recognoscit superiorem praeter deum : that it is so , that a king in possessing his empire and sovereignty acknowledeth no superiour but god : which in effect is no more , than when any man by industry or donation acquireth a right or propriety , if he come well by it , he is righteous possessour of it , by gods confirmation and approbation : yet do they hold too , that the people and community may propter crimen civile & politicum destituere principem , for a civil enormity against the common-wealth depose and dethrone a king. and notwithstanding , they maintain that the pope may not , cannot for any civil crime or transgression , no nor for any spiritual either depose a king , nisi de per accidens , but accidentally ; for they hold that the pope cannot depose sententialiter , legally , judicially , and orderly , a king or emperour , although he may excommunicate sententialiter , legally , and by his own innate power , as they say ; & finaliter or consecutive , and by way of consequence , by his sentence of excommunication compel or move those that have power to depose him : and so accidentally , occasionally , and by way of consequence only he does depose , not properly by himself or any power innate and inherent in him . and on the other side , they hold that the emperour de per accidens , accidentally may depose the pope ; for if the pope abuse his power and place , to the damage of the empire and commonwealth , the emperour may forfeit his temporal estate , confiscate his goods , and what else he holdeth as the vassal of the empire , and by this means , that those that have power over the pope , ( which in their sense is an oecumenical , a general council ) to depose and degrade the pope . so equally keep they the scales betwixt the emperour , kings , and pope . to demonstrate these truths by their grounds and testimony , it appears evidently ; first , that when they distinguish betwixt secular and sacred power , sacred they acknowledge supernatural , and immediately by donation from god : but secular to be natural , humane , and ordinary , by donation from the community . next that they acknowledge god to have no immediate hand in collating secular power , but by way of approbation . thirdly , that they allow the people authority and sovereignty not only to censure but to depose princes , as doth also marsilius monand . patav. ad ludovic . iv. part , . c. . when he hath acknowledged that moses , ioshua , saul , david , and such had immediate institution from god almighty , for other kings and governours , their right he saith , provenit immediatè ex arbitrio humanae mentis , it is immediately from the free election and concession of man. iacobus almayn in his tract , de suprema pot. eccles. & laica , q. . c. . saith expresly , in sola approbatione divina fundatur quaecunque potestas jurisdictionis civilis & laica , all secular power and jurisdiction is founded in the sole approbation of god : and that you mistake him not , he telleth you immediately before , that for the collation of the power it is not , but aliquibus titulis creatis mediantibus , by some right or title ordinary , scilicet vel titulo successionis , vel haereditate , vel venditione , vel donatione , vel aliqua permutatione ; either by the right of succession , or the right of inheritance , or by alienation , or by donation , or by some way of exchange . see him more fully , cap. . ibidem . where he giveth you the three ways , which all the sorbonists conceive to compleat all the manner , how man may be said to have any thing immediately from god. let me refer you again to another passage of marsilius patavinus de translatione imperii cap. . answering that objection for the popes power above emperours and kings , that the pope zacharias deposed childerick and enthroned pipin ' saith , sed admonius in gestis francorum scribit , & verius , pipinum per francos legitime in regem electum , & per regni proceres elevatum : per banifacium quoque rhemensem archiepiscopum inunctum suissione , in monasterio sancti medardi . childericus qui tunc sub nomìne regis in deliciis marcescebat & ocio , fuit in monachum tonsuratus . vnde nen illum zacharias deposuit , sed deponentibus , ut quidam aiunt , consensit . nam talis depositio regis , & alterius institutio , propter rationabilem causam non ad episcopum tantummodo , neque ad clericorum aliquem aut clericorum collegium pertinet , sed ad vniversitatem civium inhabitantium regionem , vel nobilium , vel ipsorum valentiorem multitudinem . the result of all is this , pope zacharias did not chuse pipin king of france , nor un●ing childerick , but the commonalty and peers of france did both : and boniface arch-bishop of rhemes anointed him at soisson , in the abbey of st. medard . the pope had no authority in the one or other , but a naked consent , for the deposing of such a king as childerick , who was a stupid and naughty man , living beastly in his pleasures ; nor the chusing of another , as pipin doth not , for most considerable reasons , belong either to any bishop , church-man , or corporation of clergy , but only to the whole community of the subjects , or to the nobles , or to the greater and better part of the whole . you see here marsilius speaketh the language of the doctors of sorbon . for you will read their distinction in answering the very same objection , that zacharias the pope , both in the deposition of the one , and constitution of the other , had a hand consensivè , not authoritativè , by ●a naked assent , not by authoritative interposing , or right in this act. to shut up all this , i refer you to one place , by viewing of which you shall have explicitly three , iacobus almayn , iohannes de parisiis , and ockam , all of them doctors of paris , and breathing the same thing , with the patavin doctor marsilius . almayn hath it , who writ for ockam , and in the words alledgeth iohannes de paris verbatim de supr . pot. eccles. & laic . q. . c. . where with ockam he grants that the pope for heresie may depose a king , and the people for transgressing against the commonwealth . but that you may conceive all aright , he saith , non licet papae nec propter civile , nec propter spirituale crimen deponere , nisi de per accidens . et non pertinet ad papam sententíaliter deponere imperatorem , licet spectet sententialiter excommunicare , & finaliter per censuram excommunicationis eos qui habent authoritatem deponendi cogere ut illum deponant . et sic de per accidens deponit solummodo & non directè . the sense is , it is not proper nor lawful to a pope to depose an emperour , either for any civil or spiritual crime , for errors in policy or religion , but only accidentally . the pope may sentence the emperour with excommunication , but not with deposition , and so upon the bye , may move the people or the multitude who have authority over him to dethrone him . and this is done by the pope not properly but improperly , not effectively , but consecutively . the like he subjoyns concerning the emperours power over the pope ; that if the pope abuse the power he hath , to the disturbance and hurt of the civil state , the emperour may forfeit his state , confiscate his goods , and so indirectly make , move and force those who have power above the pope , which in their opinion is the whole church , or the representative which is an oecumenical council , to depose the pope , and institute another . to these i might add gerson and others , i refer you to gerson's considerations , and amongst these that you will read the seventh . i have insisted on this , especially for two reasons ; the one is , that you may see these tenets came not into the world with luther and calvin , but were long before there was any word of a reformer . ioannes de parisiis lived and taught at paris , in king philip sirnamed pulcher , and boniface the eighth's time , about the year of our lord , . willielme ockam an english born , and regius professor in paris , who writ his dialogue at the request of king philip , and after his death fled to the emperour lewis the fourth , died as some think about . gerson chancellor of the university of paris , lived in the time of the council of constance , and died about . and almayn the first and chief professor in sorbon , who took upon him the defence of willielme ockam , if you will believe flaccius illyricus , wrote anno . a book against cajetan , for the power of a council above the pope , which was printed coloniae . all these were prior to luther or calvin . our rabbies then have drawn these doctrines out of their polluted cisterns . the other reason is , because some too charitably , and to the prejudice of verity , interpret the authors above cited and their kinsmen . if any man will take and hold them to the better sense , i will not be contentious , though i profess i cannot see it , yet will it appear otherwise that those are not the tenets of the reformed , catholick church , but the foppery of popery . see thomas aquinas . de regim . princ . c. . where he saith , si ad jus multitudinis pertineat sibi providere de rege , non injustè ab eadem rex institutus potest destitui , si potestate regni tyrannicè abutatur : in which passage you have , that people may make kings , unmake them in case of tyranny . this book is suspected and for many just and pregnant reasons not to be thomas aquinas's , and therefore i refer you to the genuine thomas , , . q. . art . . & q. . art . . & ae . q. . art . . and if i be mistaken of his sense , blame one of his acutest scholars who avers it ; suarez . l. . defens . orth . fid . adv . sect. angliae , ca. . and long before thomas aquinàs pope zachary taught the french this doctrine , as you may read avent . l. . annal. boiariae . princeps , saith he , populo cujus beneficio possidet , obnoxius est : quaecunque n. habet , potentiam , honorem , divitias , gloriam , dignit a●em à populo accipit , plebi accepta referat necesse est . regem plebs constituit , eundem & destituere potest . he practised this about the middle of the eighth age , and for ought i know is the first divine or pope of rome , either that said so , or writ so . some charitably plead for him , and shew how averse he was from giving his consent : that at first he writ to disswade them from wronging childerick , who had his right from god , and writ thus to wash his hands in innocency . i will not take pains to vindicate him , i leave that labour to the popes parasites : yet it is worth our noting , that when pipin and his complices were about this treason , to rob childerick of his crown , although all things were in him that might perswade to such a course , childerick being but a weak king , a silly man , drowned and buried in ease and pleasures ; childless , nor any near to him : yet at this time , notwithstanding of all those circumstances , the like whereof , never , i think , occurred before , so odious a crime it was to depose and set a king by his throne , though al●o all france had almost conspired with him ; yet fearing that the whole christian world would cry fie upon them for such an impiety , they had recourse to the pope , that by a specious shew of his holiness , and the authority of that holy church , this great impiety and treason might be countenanced and go current . this president was made a leading case in after ages , both for popish and popular usurpation to intrude , nay , to invade upon the sacred right of sacred kings . nay , our puritans have from hence learned to colour and lustre their ugly treasons and seditions with the cloak of religion and righteousness . with the intimating of another opinion of some who make regal power resident in the people , and from thence derived to the king , i will close this chapter . some do hold , that all sovereign power is primarily and naturally in the ( universitate civium ) multitude , from it derived to the king immediately , and mediately from god. who intending the good , peace and safety of mankind , which cannot be obtained without preservation of order , hath commanded , and by an inviolable ordinance and institution , appointed all to submit and subject themselves to the laws of society , not only for wrath , but for conscience sake : not only whilst they enjoy peace , plenty , justice , and protection by the benefit of governours , but also whilst they do suffer under some inconveniences or accidental abuses . the reason of which obligation they make to be this , because we cannot enjoy nor reap the sweet fruits of established government , unless by compact we submit our selves to some possible and accidental inconveniences , from which grounds they extract these consequences and consectanes . . first , that after a people have by contract , compact , or covenant divested themselves of that power which was primarily and natively in them they cannot without manifest violation and breach of inviolable divine ordinance , and without breach of publick faith , resume that authority which they have placed in a king ; that being united in one , it may be enabled sufficiently to protect all , and to exert and exercise all necessary acts of government . . the second is , that it were high sin to trench upon sovereign authority , to rob it of its essentials and native constitutions . . thirdly , this ordinance of god is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not without just and urgent reasons . . first , for if that the primary and native power which is in all and every one , were not united entirely and sovereignly in one , it could not have strength enough to protect all and every one , and to do all acts and parts of necessary government . . next , this ordinance of god is necessary to prevent those fatal and too too ordinary divisions , which attend multitudes , or many endued with equal power ; where almost every one , upon real or fancied injuries , undertaketh to right himself . the authors of this opinion add , that although before positive constitution this is not absolutely unjust , yet reason informeth us , that it must be fit by some condition and agreement to part with this native right entirely , for a greater good which will ensue ; and to prevent greater evils , which without this cannot be avoided ; and to restrain our selves from being our own judges . . thirdly , that either to resume any part of this power of which the people have totally divested themselves , or to entrench , usurp upon , or limit it , contrary to its nature , is not only to disable sovereignty from government and protection , but also to loosen ●he sinews of all society , no less than of government , by receding from that compact which subtle , discon●ented and disaffected men , for their own private ends , perswade others they might have made more to their own advantage . i was sometime in love with this opinion , nor do i much condemn it , for it enableth sovereign authority of a king with an entire and sufficient power : it maketh the person and office of the king sacred and inviolable : it determineth that it is sacriledge to denude or divest the king of any part of sacred royalty , and that the attempt or practise of any in this kind is a bad president , nay , a warrant for the violation of all contracts howsoever just , upon any pretence whatsoever advantagious ; it reserveth kings to the tribunal of god only ; it preventeth by the law of nature the appointment of god , all seditions and treasons , declaring vim civium in regem semper injustam ; all opposition by force , resisting of kings by arms , whither in a defensive or offensive way , to be against god and unlawful . how fair soever this opinion be , yet i dare not to aver it , nor maintain it : for i can never see where holy scripture , or reverend and pious antiquity hath seated this sovereignty in the multitude , or universitate civium , originally or radically , tanquam in subjecto primo , as in its first subject : scripture and fathers speak it clearly , frequently , that sovereignty refers to god , as to its immediate author and donor ; but that it is underivedly , primarily , and natively in the community , from thence transferred to the prince , ne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quidem lucilianum , not one syllable . i wish from scripture or fathers they would make it appear , that after the peoples constitution , there is a supervenient accessory ordinance to secure the prince his person and function . i leave this , and come to prove by scripture , chap. ii. that god is the immediate author of sovereignty in the king , and that he is no creature of the peoples making . when we say that kings are constituted immediately by god , and that sovereignty is by immediate donation and collation from god , and not from the people , conceive us not to mean so grosly , that this is by any special ordinance sent from heaven by the ministry of angels or prophets . the observator if he conceive there is no other way but this , whereby the original of royalty may be referred to god as the immediate donor , he will grant that there were but some few such , as moses , saul , david &c. but if he know not that some thing may immediately proceed from god , and be his proper work , without a revelation or manifestation extraordinary from heaven , he is as empty a divine , as i fear in the end he 'll prove a politician . i hope he will grant , that howsoever the designation of a person to , consecration for a sacred function be by the church and man , yet the power of preaching , administrating the sacraments , binding and loosing of sins is immediately from christ. to say this power were derived from any other is not only unsound , but blasphemous . this power in its nature is divine , spiritual , and supernatural ; and consequently cannot be but from such an efficient . the designation of the person to an holy function is from man or men , but the collation of the power is immediately from god and christ , and yet this is not by any special ordinance sent from heaven by the ministry of angels and prophets . that the apostles are of god and christ's immediate constitution , none doth deny . that matthias was one , who will controvert ? that he was designed by men is clear , acts . two were set apart , the decision was by lots , and yet , i pray you , was not matthias an apostle by immediate constitution from christ ? but where read you , where find you any special ordinance sent from heaven by the ministery of angels or prophets . to come to natural things . if the observator believe with the most part of divines , that the soul of man is by creation and infusion , not by propagation and traduction , although man and nature begetteth the body , disposeth and prepareth it as a fit matter to be conjoyned with the soul , that the father may well be said to have begotten the son , yet will he acknowledge , that the soul is immediately from god , and believe it to be so without any special ordinance sent from heaven . it were good for our adversaries to consider , that as the schools ( see iac. almayn de suprema potestate temporali , quaest . . c. . & alibi . see gerson , ioannes parisiensis , and others ; and see st. austin , in re , in effect saying the same , although not in school-terms , in many places , as namely , de corrept . & grat . c. . de civit. dei , l. . c. . & l. . c. . & passim . and to the very same purpose , see suarez , lib. . contr . angl. sect. err . c. . although in his application he erreth foully ) do teach us , a thing may be said to be immediately from god three wayes . . the first is , when it is so solely from god , as it is from no other , and presupposeth no thing ordinary , humane , or created , previous or antecedent before the obtaining of it . such was the power moses and ioshua , saul and david had . such were the apostles , all of them were by god and christ immediately instituted , constituted , designed to , and invested with power from above . . the second way that any thing is said to be immediately from god , is , when the collation of the power , and investing of the person in , and with such power , is from god , as the immediate author and donor , although there be presupposed or interposed , aliquod signum creatum , some previous or antecedent act humane or created . the power apostolical in matthias , and appointing him to be an apostle , was immediately from christ , although some humane acts did precede , and were interposed before his constitution , as that the apostles put two apart , and did cast lots . neither of these two acts severally , nor both joyntly , had either vertually or formally in them that efficacy or efficiency to collate upon him the apostolical power and preeminence . a world of instances may be made in this kind . a man baptized , by baptism obtaineth remission of sins , and the grace of regeneration ; yet none is so weak as to say , that the immersion in , or aspersion of water effecteth or produceth these excellent effects of remission of sins , and regeneration . lewis the twelfth , king of fraence , authorized the parliament of paris , when one of their number di●d , or was removed , to make choice of another in his place : yet none will deny , that the authority and power of a judge and senator is immediately collated upon the person chosen by and from the king of france . a king giveth to a well-deserving servant the favour to name any man fitted for honour to be a lord , baron , or earl , after the servant to whom the trust is committed hath designed the person or man , he is made a lord , baron , or earl. who is so stupid to aver , that the honour of a lord , baron , or earl is from the servant , a fellow-subject immediately ? and who dare to deny the honour is from the king , the fountain of all honour ? this is easily discerned , for when the act interposed and presupposed to the production and working of such an effect , is such that of its own nature it hath no natural contingency with the effect produced , but what it hath by some resemblance or constitution . we must run to an higher and more eminent cause of such a work and effect ; of which see more , infra , c. . where we prove that the interposing of an humane act in the constitution of a king , as election , succession , or conquest , impedeth not the constitution and making of a king to be immediately from god. . the third way is , when titulo creato mediante , a mans right to any thing he hath power of by some ordinary humane right or title intervening , by which he is invested with a just and full right to that is collated upon him , and the approbation or confirmation of this right is immediately from god : so that the possessour in possessing what he hath just right , recognosceth or acknowledgeth in the right of propriety no superiour but almighty god. now to apply this , for the first way , we maintain not that sovereignty is in a king immediately from god , by extraordinary revelation , without any humane act or sign created intervening , this was peculiar only to some few . the second way , we hold that all kings really so , are immediately from god : for although some signum creatum , some humane and created act , as election , succession , conquest , or what else in that kind is imaginable and possible interveneth , to the designation of the person , yet the real constitution , the collation of sovereignty and royalty is immediately from god ; for the act or condition presupposed or interposed containeth not in it that power to collate royal and sovereign power : only by gods appointment it is inseparably joyned with it , or infallibly followeth after it , so that it referreth to god as the proper donor and immediate author . as in baptism , if there be nothing repugnant in the suscipient , the baptized hath from god immediately remission of sins , and grace of regenerrtion . or as in sacred orders , the designation of the person is from men and an humane act ; but the endowment with supernatural power to act , do and exercise supernatural acts , is immediately from god and christ matthias his person was designed by the apostles , but christ only made him truly and really an apostle . just so in the constitution of kings , election , succession , conquest , or what else , is only potestas designativa personae ; but the power of royalty and sovereignty is primarily , formally , and immediately from god. that we may conceive things aright in this case , we must distinguish three things . . first , the sovereignty or royal power , which is forma quaedam , the specifick and formal essence constitutive of a king. . next ▪ the person of the king , which is subjectum , the seat or that wherein this sovereignty is inherent . . thirdly , the conjunction of the sovereignty with the person , or the application of royal power and sovereignty to the person . the first , that is , regal power and sovereignty is immediately from god and christ. the second , that is , the individual person taken absolutely in its specifick and individual essence and existence , is from its natural causes constituent : but qua talis , considered as a king and such a one , that is , as supreme and sovereign , the deputation or designation of such an individual person for such a power , is by election , succession , conquest , or any other lawful way by which god in his providence doth manifest it . the third , that is , the joyning of the authority to the person , is immediately from god and christ. election , succession , or conquest , may be said in some sense remotely and improperly to make or constitute a king , although they are not the proper efficient and constituent cause of that power . to say in the third sense , that sovereignty in the king is immediately from god by approbation or confirmation only , it is too flat an expression , and doth not sort well with the magnifick expressions of holy scripture : as , by me kings reign , prov. . . the powers that are , are ordained of god , rom. . . i have said ye are gods , psal. . . all power is given from above , john. . god hath spoken it once , twice have i heard it , all power belongeth unto the lord , psal. . . according to this opinion , the sense of those and other such places must be , kings have their power from below , from the people , by contract are ordained of men , and only established by god , and consequently we must change the phrase , the people have said you are gods , your power is from below : and saint paul's ordained of god , is no better than confirmed or approved of god. nor is the title or right of a king better , as related to god , than the title of what any man possesseth titulo humano orcato , by humane right , by contract , or otherwise in rents , moneys , revenues , or what else is ordinary in the commerce and society civil of men . in brief , our sense is , the royal power and sovereignty of the king is from god primarily , formally , immediately ; the designation or deputation of the person , is by election , succession , conquest , &c. as matthias was designed by the apostles setting of him apart , and the falling of the lord upon him , but the apostolical power and preeminence was immediately and solely from christ. the power of the high-priest-hood in zadok was from god ; the designation of the person was from solomon , a pregnant proof and illustration of this appeareth in iephtah , judg. . , , . the elders of gilead , and people by covenant and contract bring him home , agree he be judge and governour : and yet notwithstanding , sam. . . the sending of iephtah is no less given to god solely , than the immediate and extraordinary sending of ierubbaal , bedan , and samuel . a father begetteth the child , but god infuseth the soul. a woman by her choice and consent designeth her husband , but the marital power and dominion is only from god ; for how can she confer or transfer that power which was never fixed in her , nay by god and nature she is to be ruled by her husband . it is more then than manifest , that an humane act may design the person of a king , and that the power is conferred by god alone . there is in true judgement a main difference betwixt potestas deputativa & designativa personae regiae , and potestas collative potestatis regiae ; betwixt applicativum personae ad authoritatem & potestatem , and applicativum authoritatis ad personam regis . the first may be done by an humane act , as a mans hand may apply a faggot to the fire ; but the other , in our case , is proper to god , as the fire only can make the faggot burn . it appeareth then clearly , that power may and doth come from god alone , and immediately without extraordinary revelation by the voice of god , of angel , or prophet . the sense and terms of our tenet thus cleared , we come in the next place to our proofs , from the holy scriptures in the first place . god in scripture , by frequent , pregnant , and multivarious expressions , hath so vindicated to himself the making and constituting of kings , that he declareth fully that he will have none to share with him in this work , for he hath told us , that kings and their sovereignty are by god , of god , from god : that they are gods : the children of the most high : his servants : his ministers : his publick ministers and deputies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : that their throne , their crown , their sword , their scepter , their iudgment are gods , &c. and hath expressed it in abstracto , abstractly ; of their royalty , their power ; and in concreto of themselves with a connotation of their persons ; to intimate , that they , and all in them , their power , their function , their charge , their person , are of divine extract : a constitution of the king of kings , and lord of lords ; and consequently to teach us , that the sovereign authority of the king , and the person of the king , both of them are sacred , inviolable : god in his omniscience and prescience did foresee , that the sons of adam would be like to their father in transgression , that nothing will content them but to be like god ; and before they fail , they will justle him out of his right , run upon the guiltiness of divine vsurpation , challenging to themselves the prerogative of the almighty , pope and people , anti-christ-like , exalting themselves above all that is called god. the iesuit this day pleased for the pope , the puritan for the people , that he or they have underived majesty by which they may enthrone or dethrone , make or unmake kings at their pleasure . we begin first with the law. in which as god by himself prescribed the essentials , substantials , and ceremonials of piety and his worship ; gave order for justice and piety : so he commanded the appointing and constituting of the king , to be reserved as a priviledged case , a proper prerogative for himself : deut. . , . &c. when thou shalt say , i will set a king over me , like as all the nations about me , thou shalt in any wise set him king over thee , whom the lord thy ▪ god shall chuse . a law sufficient to prove our conclusion , that the king and his power are originally and immediately from god , dependent from him alone , and independent from all others . the power and sovereignty is expressed in the words , set over thee : this thee is collective , and includeth all and every one ; so scripture knew not this new state-devised principle , that rex est singulis major , universis minor , above every one severally , but subordinate , to all joyntly . the person is expressed in concreto , in the words , whom the lord thy god shall chuse . neither is it to be slightly passed by , that so peremptorily , emphatically , and authoritatively it is right-down said , thou shalt in any wise set him king over thee , &c. which peremptory precepts dischargeth the people all and every one , diffusively , collectively , representatively , or in what capacity else is imaginable in them to intend , attempt , or practise the appointing of a king , but to leave it entirely and totally to almighty god. here we must take off some shifts which iesuits , puritans , and others make to elude this and other texts of this kind . . the first is , that this was a priviledged case of the iewish king : so suarez . lib. . c. . defens . orthod . fid. cont . sect. angl. so soto , l. . de instit. q. . art . . so navarrus , cap. novit . notab . . num . . & . and many more , as abulensis and others : the sectary averreth the same . both of them strengthen their argument by these maxims : exempla specialia non valent ad inferendum regulam universalem : imo solent esse exceptiones à regula . to the same purpose they adduce that maxim of the iurists ; valet argumentum à speciali ad inferendam regulam universalem : or , exceptio firmat regulam in non exceptis . the sum and sense is , that extraordinary , singular , special , and priviledged cases , are not firm and valid antecedents to infer a general , ordinary , and ruled case : that if we cannot make it appear that all kings are from god by immediate constitution , the priviledged case of the iews will infer no necessary conclusion . suarez in the place above cited , goeth a little further , affirming that god amongst the jews did reserve , as peculiar to himself , the election onely of the king , but that his constitution , or the collation of royal power , was from the people properly , immediately : and that because the words run in the text , deut. . , . that the people shall set him king over them , and him only whom the lord they god shall chuse . bellarmine saith just the same . to remove this first shift , we deny both the one and the other . we deny first , that it was a proper case for the jews to have their kings immediately constituted and appointed by god. the scripture is for us , that all kings , all sovereign powers are immediately from god. prov. . . by me kings reign , saith a king , and the wisest of kings , and a king who had good reason to say so ; for , if the people had right to constitute or make a king , it had not been king solomon but king adonijah . adonijah durst say to king solomon's mother , thou knowest that the kingdome was mine , and that all israel set their faces on me that i should reign : kin. . . solomon saith not of himself singularly , that he reigned by god , but indefinitely universally , by me kings , that is , all kings reign . the first two words , per me , by me , contain in them the donor , the author , the efficient , the constituent of kings and sovereignty . possibly you will say , this by me , is spoken of wisdom , it is true ; but that wisdom is to be taken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not for an accident or quality , but for something subsistent personally . and this solomon's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chochmach , in the sense of the most learned , both ancient and modern , is st. iohn's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : ioh. . . saint iohn's word , christ the son of god , the brightness of his glory , and the express image of his person : heb. . . the text demonstrateth it : for his wisdom by which kings reign , is that wisdom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the right reading , for the original word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kanan possedit ; nor will the greek reading 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bring home the arrains conclusion ) which the lord possessed in the beginning of his way , before his works of old : vers . . which was set up from everlasting , from the beginning , or ever the earth was , v. . the wisdom by which kings reign , is the same that was created of all things . kings are from god the father , but by the son ; as from the father , by the son , all spiritual blessing in heavenly things come to us , so the greatest of temporal blessings , by him we have kings , the best blessing here , for without them neither godliness nor honesty , tim. . . this per is christ's preposition . it is worth your notice taking , that solomon saith not , by the people kings reign ; had it been so , you know who had been king and not solomon : nor he saith not , by the high-priest kings reign : you know he was engaged in adonijah's treason , no : he saith not , by israel , nor by abiathar , nor by zadoc , nor by david , nor by nathan , kings reign ; but there is a per me , which is exclusive of all , and to whom onely it is proper and peculiar , to make kings , and to make kings reign . solomon excludes pope and people , state and presbytery . he vindicates the creation of kings no less to christ than the creation of things . this ●er me , by me , imparts not a naked permission , as if kings , by importunity of people , were given way to , as some blasphemous mouths and pens have said and written : and that monarchy of all governments is the least acceptable to god , and to people most inconvenient . ignorants , or malicious , or both they are , who dare to say so . monarchy was the first government god ordained in the world , and is yet founded in paterno . why , if it be otherwise , was it promised to ahraham , as the highest pitch and reach of temporal blessings , that kings should come of him ? why doth god , ezech. . upbraiding the multitude of the people , reckon in the last place , as the highest of his favours temporal , that they prospered into a kingdom ? why doth st. peter urge obedience to the king , because that is the will of god ? pet. . . why doth st. paul say , that he is tibi in bonum , for thy good , and for my good , and for the good of all . saint paul's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , higher power , is nothing else but st. peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the king that is supreme . so chrysostom , ambrose , haymo , and others interpret it , and the government then when saint paul writ that epistle was monarchical . they be a cursed brood , who do maintain , that this per me reges regnant , this , by me kings reign , is a per me iratum , by me in anger to punish a stiff-necked and rebellious people . the queen of sheba knew it was per me propitium , by me in mercy , and was better taught , and sounder in this point of divinity , than the great gamaliels amongst our sectaries , for she saith to solomon : because the lord thy god , loved israel to establish them for ever ; therefore made he thee king over them , to do judgment and justice , chron. . . this per me implieth then , that they are of gods making , and in mercy kings are given to us . this per me , by me , implieth , kings are god's and christ's derivatives , and that god and christ are their institutives , from god the father , by the son their commission , their power ; their sovereignty ; for this cause st. paul calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which word is very pregnant , and signifieth an ordinance by high authority not revocable , nor repealable . in which sense it is usually read in classical authors sacred and prophane . so sinesius useth the word in epist. ad ▪ theoph. so aristotle in his problems . sect. . . lucilius epigr. . so appian ▪ in . and plutarch in marcello useth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for established decrees of sovereignty . the word from which it is derived is so used , acts . stephanus a learned graecian is of that mind , that in this very place , rom. . . it signifieth so much . the emphasis of this per me is not yet fully explained . that wonder of piety and learning , doctor andrews late bishop of winchester , hath well observed , that the original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bi , in me : and yet beareth well , in me , and per me : the preposition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beth signifying both : so that the meaning is , kings are first in him ▪ and so come forth from him , as that they are in him . he parallels it a little with that passage in the gospel , my father in me , and i in him . christ in them , as his deputies : they in christ as their author and authoriser , he by their persons , then by his power . the other two words of the text , kings reign , contain in them the charter , the donation . kings , is in the number of many , in the plural number . solomon , although the wisest of men and kings , and king of israel , knew not this time what our new doctors know , that it was a priviledged case , for the kings of israel to reign by immediate constitution or election from god , from christ. solomon speaks it indefinitely . in the schools it is a currant maxim , that indefinita propositio aequipollet universali , an indefinite proposition is equivalent to an universal , except they can shew where in holy writ it is limited , it is restrained . it lieth on them to prove it , for affirmanti incumbit probatio , he who affirms is bound to prove it : logick and law both of them require it . the iurist saith , vbi lex non distinguit , nemo distinguere debet : where the law it self distinguisheth not , we are not to distinguish . solomon then saith universally of all kings , by me kings reign : that is , that their right , their power , their sovereignty is immediately from god by christ. i am glad that in this text we met with reges , kings , in terminis terminantibus , in express terms . nor is it to be slightly passed by , that you have it , in concreto , the king with his sovereignty : he saith not ▪ per me regia potestas , by me royalty , sovereignty , but per me reges , by me kings , to intimate that royalty is sacred , and the person invested with this royalty too . solomon for all his wisdom reached not the subtilty of this age , to distinguish betwixt the king , his personal will and condition , and royal power , abstractly considered in it self . if you will have it plainly , these rabbies have found out a distinction , with which the spirit of god was not acquainted . the word regnant , they reign , hath its own force ▪ that not onely their commission is by immediate derivation from god , and so they may say , he it is that hath made us , and not we our selves : gratia dei sumus quod sumus , by gods grace we are what we are , and so justly do write themselves , every one of them , king by the grace of god ; and so their title is rightly from god , and their actual reigning is of him too . they are not onely reges , kings by him in actu signato , as invested with this power from above , but they reign by him in actu exercito , their commands are by him . the actual exercise of their power is to be considered as god's power exerted by them his deputies . if you please to take it larger yet : to , regnare in fieri , in facto , in conservari . to reign , to have a right to it , by institution and constitution , to exercise this power by commission , to have it longer or shorter time , all is per me , by me , and no other : dat & aufert regna , he giveth and taketh away crowns at his pleasure . the law teacheth us , ejusdem est destituere , cujus & instituere , none can unmake a king , but he only who can make him . let the law plead for it self , stand not for it ; sure i am it is good divinity . in iob , c. . . we read with st. hierome , ( and that without wronging the original in the sense ) reges ●ollocat in solio in perpetuum , he placeth kings in the throne for ever . and again , c. . . solvit baltheum regum . he taketh them from their throne : or as it ●s psal. . . he casteth down their crown to the ground . the result of all is , what can you conceive of a king , in abstracto or concreto , in his person , or in his sovereignty , of his power habitual or actual , of his right , or the exercise of it ; of his making , his continuing , his un-kinging ? all is per me , from god immediately by christ : and this in solomon's expression is verified of all kings whatsoever . a further proof both to fortifie what is said , and to bring home our main conclusion , we adduce from rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for the powers that be , are ordained of god. beza ●rendreth the words , quaecunque autem sunt potestates sunt à deo ordinatae . the old interpreter , nearer to the original turneth it thus : quae autem sunt à deo ordinatae . i am very inclinable to think that those words relate onely , at least principally , to sovereignty , and that monarchical . i do not deny but that by analogy and accommodation they may be accommodated to all power whatsoever . the reasons enforcing me are ; first , because they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , expresly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , high , or eminent powers . dly , if we will admit st. peter to interpret st. paul , we will find s. paul's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are s. peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : the kings that are supreme , pet. . . . thirdly , the apostle st. paul adding , ordained of god , or under god , cannot so properly be understood of subordinate power , for that is not by immediate derivation from god but immediately from the higher power , or the king● that is supreme , and mediately from god : which made saint peter call them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , governours , and such as are sent by the king , who i● supream . . pet. . . fourthly , many learned interpreters conceive the words so , as saint chrysostom● ambrosius , or hilarius diaconus , or whom else you will , under the name of ambrosius , haymo , and other● &c. lastly , when st. paul writ this epistle , th● government at rome was monarchical , nero the● reigned . this thus established , let us observe in the nex● place , that the apostle speaketh vniversally that all supreme , monarchical and royal power is ordianed o● god immediately . beza sticks not to render the words into a proposition universal affirmative . quaecunque autem sunt potestates , sunt à deo ordinatae . the apostles own expression is full enough , pregnant● enough . the relative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , must in good grammar 〈◊〉 referred to the antecedent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : joyn th● words cited with the words immediately preceeding 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for there is no power but of god : and then you shall have this conclusion by undenible consequence , naturally resulting from the premises there is no supreme or royal power but from god alone : and consequently , he is the sole donot , and sovereignty relates to him as to its immediate author . do not our sectaries reason thus from the passage , gal , . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , knowing that a 〈◊〉 is not justified by works , but by faith alone ; that this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is the equivalent of an exclusive : and so conclude , that we are justified by faith alone ? why then will they refuse that this passage , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is a perfect exclusive , and is tant ' a mount , as that no supreme power is by man or other means , but from god alone . if they shake the force of this argument , their strong hold for justification is overthrown . we observed before , how that in the next verse , those higher powers are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the established unrepealable ordinance of god. and so presumptuous are we now a-days , as to repeal gods most irrevocable decrees . no wonder we are so insolent , seeing we presume to mend the creed and magnificat . now joyn saint paul and solomon together , and you have that sovereign power , is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; it is by god , from god , under god , and god's appointment irrevocable , ordinance irrepealable . the three last are the apostles ; the first is solomon's , for the septuagint read the words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this variety and plurality of expressions how sovereignty is of god and gods , the spirit of god hath used , that none presume sacrilegiously to usurp upon god his prerogative , who hath reserved this peculiarly for himself , that all kings upon earth should be his immediate creatures , and deputies by his own letters patent authorized . our adversaries have been much puzled with this text ; if they give us a new bible , it is like enough either this text will be left out , or we will have a gloss upon it to destroy the original text. it hath so tortured them , that i cannot tell you how many ways they have coyned to themselves to elude it . i have observed five main ones , which i purpose by by gods grace to examine and refute , quaests . . now i content my self to take off one , in which they please themselves much . they say , the apostle speaketh abstractly , not concretely of the power it felf , not of the person cloathed and invested with the power ; it is an ignorant shift . barcley in his book de regno , ( who hath deserved well of all christian monarchs ) hath learnedly and truly observed , that saint paul writing to the romans , did keep the roman usual diction in this , with whom it was customable and ordinary by potestates , powers in the abstract , to express the persons authorized with this power . he refers his reader to classical and good authors , as to pliny , lib. . c. . iuvenal . suet. in claudio . c. . modest. lib. . de pignorib . vlpian . lib. . ss . penult . de aedil . edict . tertullian contr . gent. i content my self with the dialect of canaan in scripture ; in which frequently expressions in the abstract , express existents in the concrete : col. . . by him were all things created that are in heaven , and that are in earth , visible and invisible , whether they be thrones , or dominions , or principalities , or powers . by thrones , dominions , principalities and powers , uncontrovertedly angels are meant ; that the expressions are abstract is clear as the sun-shine . to say angels were created in abstracto , is to send us to search after platonick idea's . this instance it may be is too sublime , let us see then if we can hit upon one nearer us , and more fitting for the purpose in hand . i pray them to cast their eyes upon st. peter , . epist. . . where giving a character of the man with whom we have to do , he saith , that they despise government , are presumptuous , self-willed , and not afraid to speak ill of dignities . the fellow of this you have , iud. . these filthy dreamers defile the flesh , despise dominion , and speak ill of dignities . in which passages the words in abstracto , government , dominion , dignities , without any doubt do express the persons of governours , lords , and kings . it is worth your notice taking , to consider how zealous st. peter and st. iude were for the honour and due of sovereignty , the ray of divine majesty upon earth , that they speak so passionately and bitterly against such as professed themselves christians , and did speak evil of cajus , caligula , nero , monsters of men : o with what a zeal would they be inflamed , if living now a days they did see what we see , and hear what we hear ! the pretended levites expressing their zeal to god , religion , church and state , by railing against the lords anointed , the best of kings in the world. the fathers do use the word so too , st. austin epist. . saith , potestas humana saepe est divinae potestati inimica : humane power is too often , contrary to the power of god almighty . the holy father was not so bad a divine , as to think that potestas in abstracto , that government which is gods own ordinance can be in opposition or enmity with god : st. austin then infallibly by the word potestas , power , meant him or them who are authorized with power from above . if this doth not content our adversaries , i would entreat them to look upon st. paul's text , and i hope they will find that st. paul meant by being subject to higher powers , to be subject to him who is invested with the power . doth not he term them v. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , rulers ? higher powers , then , and rulers are with saint paul equivalent terms . doth he not after call them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ministers immediate , and peculiar servants of god ? v. . and even nero himself is gods minister for thy good. doth he not say v. . that he beareth not the sword in vain ? which is non-sense if you conceive it of higher powers in abstracto . the like may be said of paying tribute , &c. god did fore-see by his eternal omniscience how apt man was to coin distinctions to deceive himself , and to wrong gods ordinance , that mercifully to us , he hath expressed in scripture , that both sovereignty and the person cloathed with sovereignty , are of him , by him , and from him immediately ; and this , that both the one and the other may be reverenced by us as sacred and inviolable . the apostle speaketh in abstracto , be subject to the higher powers : the powers that are , are ordained of god. he that resisteth , &c. again , the spirit of god by solomon saith , in concreto , with the connotation of the subject , by me kings reign . i have said you are gods , &c. what shall we judge then of this new-coyned distinction , to make a difference betwixt the king and his authority ; betwixt his personal will , and his royal and authoritative will ? to pursue his person with a cannon-bullet at edge-hill , and to preserve his authority at london , or elsewhere ▪ these fig-tree leaves will not cover our rebellion and treason in the day of our accounts before the lord of lords , and king of kings . remember his strait charge , touch not mine anointed , and do my prophet no harm . chap. iii. the same truth is proved by more arguments from holy scripture . the scripture hath not delivered any truth more purposely , more apertly , more frequently than this . the spirit of god knew well , that if the sacred sovereignty of kings be not preserved , religion , justice , and peace cannot be maintained . this is the reason st. paul gives to perswade us to pray for kings , that we may lead a quiet and peaceable life in all godliness and honesty , tim. . , . it is observable , that solomon , prov. . speaketh first of the establishment of government , before he speaks of the works of creation : to intimate , it is better not to be at all , than to be without government . for the same reason god fixed government in the person of adam , before evah or any else came into the world ; and how government shall be , and we enjoy the happy fruits of it , it is not conceivable , except we preserve to the king his sacred sovereignty inviolably . this , i say , made god in scripture non obiter , raro , & accidenter , not in a passing way , occasionally , or rarely , or accidentally , to command this duty of loyalty and obedience to kings , sacred in their functions , in their persons . almighty god hath in commanding this duty in holy writ , kept the same course , he kept in setting down essentials and fundamentals of faith and worship . if any be pleased to be at the pains to observe it , i doubt if they will find any thing so peremptorily and frequently commanded , and with so much reason urged . the lord knew how averse corrupt man is to give to the lords anointed his due ; without the special grace of god , or an over-ruling strong providence people cannot be kept in subjection . david magnifieth it , as one of the highest and most powerful of gods blessings towards him , that he delivered him from the strivings of his people : psal. . . and as ingenuously he acknowledgeth , that it is god alone who subdueth his people under him : psal. . . god accounteth rebellion against them rebellion against himself : and ordinarily in scripture you have god and the king inseparably joyned , and the duties to both enjoyned , pet. . . fear god , honour the king. prov. . . my son , fear thou the lord and the king , and meddle not with them that are given to change . this is purposely done , not onely to intimate the greatness of the sin of disobedience , disloyalty , and rebellion , but also to express the near alliance kings have with god ; and the strait conjunction betwixt them and god , that nothing intervenes to divide or sever them , which god hath put together let none put asunder . we have proved that god in the law hath reserved to himself , as his own right , the constitution of kings : we have proved sufficiently that this was not a priviledged case of gods people under the law , because solomon indefinitely , and consequently universally averreth , that all kings reign by god in christ. because saint paul hath delivered the same truth , that there is no supreme power but from god alone , and so from him alone , that he admitteth no corrival to share with him . thus you have three arguments for our purpose . we come now to the fourth : which is this : scripture right down teacheth us , that all kings whatsoever have their free-hold from almighty god alone . of pharaoh king of egypt it is said , exod. . . i have raised thee up . elisha from god designed , anointed and constituted hazael king over syria , king. . . here you see that the kings of egypt and syria are no less of gods making than the kings of israel . are not pharaoh , abimelech , hiram , hazael , hadad , no less honoured with the compellation of kings , than david , saul , or ezekiah ? be they what they will , gods creatures they are , and of his making onely . ier. . . god doth honour nebuchadnezzar , by naming him his servant : his servant , conceive it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by way of excellency : the same compellation it is , which god giveth to david , a king according to his own heart . nebuchadnezzar the king of babylon , my servant . if what we have said cannot suffice , let them turn over to isai. . , . thus saith the lord to his anointed , 'to cyrus , whose right hand i have holden , to subdue nations before him ; and i will loose the loyns of kings , to open before him the two leaved gates , and the gates shall not be shut , i will go before thee , and will make the crooked places strait , i will break in pieces the gates of brass , and cut asunder the bars of iron . and i will give thee the treasures of darkness , and hidden riches of secret places , that thou mayest know that i the lord which call thee by thy name , am the god of israel . a proof able enough to stop the devils mouth . what cyrus was is well known , he hath iosiah's honour , to be named well nigh an hundred years before he was born , and named by his individual name ; he is dignified with the royal compellation of the lords anointed : his honour , his work , and all is from god , and that immediately . how much might be said , if we pleased to insist to prove our point ? but leaving this , i come to our fifth argument , which is , that in the book of god we are told , dominus dat & aufert regna : that there be no kingdom but of his giving , no kings but of his making , no king unking'd but by his doing . we ended our last argument with cyrus , we begun the proof of this with him too . esdr. . . it is recorded by the holy spirit , thus saith cyrus of persia , the lord of heaven hath given me all the kingdomes of the earth , and he hath charged me to build him an house at ierusalem which is in iudah . you read the same chron. . , . i am very inclinable to believe that cyrus knew this charge from the prophecy of isaiah , . . he is my shepherd and shall perform all my pleasure , even saying to ierusalem , thou shalt be built , and to the temple , thy foundation shal● be laid . and again , cap. . . i have raised him u● in righteousness , and i will direct all his wayes , he shall build my city , and let go my captives , not for price nor r●ward , saith the lord of hosts . if this will not rectifie the perverse rebellious tenet of puritan and jesuit , i despair of doing it . i know they will tell me , it is an extraordinary case ; this is their ordinary poor shift , that serveth them in many cases ; if they would consider it aright , they might see how careful god has been by extraordinary works and manifestations , and reiterated precepts and practices ordinary , to right their extravagant and extraordinary tenets and humours . if they can be satisfied , we refer them to d●n . . , , . and daniel will teach them in the judgment of god , that to give and remove kings and kingdoms , is the sole and properly peculiar work of god. when god had revealed to daniel nebuchadnezzar's dream , with the interpretation of it , he thanketh god , and saith , vers . . blessed be the name of god for ever and ever , for wisdom and might are his . vers . . and he changeth the times and the seasons : he removeth kings , and setteth up kings . again , vers . . he saith , thou , o king , art a king of kings , for the god of heaven hath given thee a kingdom , power , strength and glory . vers . . and . he ascribeth the setting up and removing of kings , no less to god , than wisdom infinite , and omnipotency , which are divine attributes incommunicable . and vers . . he vindicates this as proper and peculiar to the god of heaven , that earth and earthly men can have no part in it . daniel in whom was the spirit of the holy gods , daniel whom no secrets troubled , daniel in whom was wisdom like the wisdom of gods , reached not this high point , to know that in the people was an underived majesty to be derived to kings in what proportion they please , by a fiduciary trust . view the fourth chapter of daniel's prophecy , and there you will find it in four-squared letters ; nebuchadnezzar for a time is un-kinged : how , i pray you ? by the watcher , by the holy one , one sent by him from heaven , commanded by him to hew down the tree , to cut off his branches , shake off his leaves , scatter his fruit , vers . . . and to what purpose is this ? that nebuchadnezzar and all living may know , that the most high ruleth in the kingdom of men , and giveth it to whomsoever he will , and setteth up over it the basest of men , vers . . all this is the decree of the most high. vers . . and nebuchadnezzar was driven from men , to live and eat with beasts , till he should know that the most high ruleth in the kingdom of men , and giveth it to whomsoever he will , vers . . it was told to the proud king , swelling in pride in his palace , that the kingdom was departed from him , the messenger was a voice from heaven , vers . . after his repentance , and acknowledging this truth , that dominus dat & aufert regna ; that god giveth and taketh away kingdoms , his kingdom was established unto him , his counsellors and lords sought unto him , and excellent majesty was added unto him . whosoever is not over-ruled with the spirit of errour , and readeth and considereth these passages aright , must confess the truth we maintain . god open our eyes to see it , and give us hearts to believe 〈◊〉 , that loyalty & royalty may have their place and right ! the same truth is delivered to us again dan. . . a hand from heaven , ( a miracle it is to confirm this truth ) writeth upon the plaster of the wall , that belshazzar the king and his nobles may inquire after it . that god had taken the c●own from him . he did not acknowledge , that he did hold his crown of the king of heaven ; to this ingratitude , he added sacriledge , and prophaned the golden and silver vessels of the temple . for these sins his crown was taken from him . so horrible a sin is sacriledge , and in kings especially , that it will throw them into contempt , cast their crowns into the dust , and bring greater judgments in the world to come if they repent not . nor can this repentance be sound and saving without restitution . here that rule of the holy father holds good , non dimittetur peccatum ni restituatur ablatum . daniel reading and interpreting this miraculous writ , recalleth to belshazzar's memory gods dealing with his father , v. . o thou king , the most high god gave nebuchadnezzar thy father a kingdom , and majesty , and glory , and honour , ( what more can any conceive in a king , than is here expressed ? ) and for the majesty he gave him &c. v. . ( mark it well , it is not said , that the people gave it ) he swelled in pride , was unkinged for a time , till he acknowledged that the most high god ruleth in the kingdom of men , and that he appointed over it whomsoever he will. v. . after this daniel bringeth home his application to belshazzar , prudently checking him , that he had not made right use of that befell before his father , but had trode in the same way of pride , and added to his fathers sin the prophaning of sacred things , that for this cause he and his are extirpated root and branch . the writing was mene , mene , tekel , vpharsin . the sense is , he was found light in gods-ballance , his kingdom was numbred and finished , and divided or given to the medes and persians , who in executing this vengeance against an ingrate and sacrilegious king , were nothing else , but the instruments , the axe and rod of god , as you may read , isaiah . and . . and ier. . . isaiah . . in the passages adduced consider : first , who is the author ? ( i mean not the principal , for without controversie it is the holy spirit ) daniel a man eminent and excellent in court , credit and preferment . but this is not so considerable , consider him therefore as one of the prophets , of most rare endowments , for wisdom and extraordinary revelations . secondly , next reflect your thoughts a little , how this truth is manifested . it is from heaven , but how i pray you ? by dreams ; by voice ; by a crying voice ; by writ ; from whom ? from the most high god : from the holy one : from the watcher : from the god of heaven : to whom ? to nebuchadnezzar the emperour of the assyrians , and babylonians , to belshazzar his son ; and all the way miraculous . the dream is forgotten , to daniel it is miraculously revealed , with no less wonder interpreted : it is written miraculously , interpreted and read as wonderfully : and all this in the wise dispensation of god , that kings and all may acknowledge that kings and kingdoms are of god. before this truth be not known to kings and all , he will reveal it extraordinarily , miraculously , by dreams , by voices , by cries , by writings from heaven ; and that all may take notice of it , the dream is forgotten , magicians are sought to ; because they cannot find it out , death is decreed against them , yet god will not have it to go unknown , to his servant he reveals it , all the empire take notice of it , all admire it . to confirm it yet more , the king must live like a beast , till he believe , he confess , he profess this truth ; this truth is not once spoken , but twice , it is seen , it is heard : the babylonians had forgotten it ; belshazzar had slighted it , neglected it . when he , his counsellors , his lords are feasting , carrowsing , a finger from heaven writes it , none can read it , daniel , is sought , he reads it , interprets it , that all may take notice of it . the father for not acknowledging this truth , but sacrificing to himself , of a king is made a beast , but repentance restores him . the son hath harder measure , he is dethroned , rooted out for ever . and a way is made ; that cyrus in his succeeding to the empire , may acknowledge that his kingdom was of god , which he did truly , as we told before . where can you shew any truth of this kind , in scripture so revealed , so manifested , by such miraculous , extraordinary , and admirable ways ? i think it is hard to hit upon a parallel to it . god knew well before , how apt we are to rob kings of their due right and honour , nay , rather how prone , corrupt man is to intrude upon god and invade his right . if any will be pleased to consider seriously daniel's prophecies , what are they but predictions that all empires , kingdoms , majesty , royalty and sovereignty are of gods immediate donation ? they are not disposed of by the composed contracts of men , but by the immediate hand and work of god. all ancients and moderns for the most part acknowledge here in daniel to be the clearest , the most distinct prophecies , predictions , of the four great empires . if you will cast your eyes upon the historical part of daniel's book there is no truth , which is so much treated , spoken of , as this truth , as that kings and kingdoms are dependent from god alone , and independent from all others . it may be , because daniel was a great courtier , as ioseph was with pharaoh , that he might not be judged a time-server , a temporizer , a complier to vindicate him from court-flattery , god did so many ways , so miraculous ways demonstrate this truth , confirm this truth , that sovereignty , royal majesty , come from heaven , from god immediately . what prophet almost hath not a hint , an expression of this ? isay is plentiful in this ; as you may see , in nebuchadnezzar , in cyrus &c. and all neighbour princes : ieremy taught it to the iews to his own disadvantage . the prophet hosea , or rather god himself by the prophet with one breath , in one verse , in few words , with a dedi , and an abstuli , hath expressed , hath confirmed this doctrine . c. . . i gave them a king in my anger , and took him away in my wrath. i gave him , i took him away ; what can you require more ? i pray give me leave to observe one thing in the words , besides our main purpose for which we cited it . he saith , dedi eis regem in ira mea : i gave them a king in my anger ; this king in the judgment of some was saul : according to the mind of others , this king was ieroboam , it skilleth not whether the one or the other . both of them were wicked . yet it is said , dedi , i gave him , and as i gave him , so abstuli ; i took him away : none giveth but he , none can take away but he. god will admit none to do either the one or the other but himself . it is observable too , that in giving a bad king , it is only said in ira mea , i gave him in my anger ; but in taking away a bad king , it is said , abstuli in furore meo , i took him away in my wrath : what difference is betwixt ira and furor , anger and wrath , all do know . what doth this intimate to us then , but , to have a bad king is a chastisement irati dei , of an angry god , who is placable ; but to have no king at all , it is a work of vengeance , a token a prognostick of an implacable god , at least hardly placable . if you account iob for a prophet , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it skilleth not much which way you term him . he saith , reges collocat in solio , in perpetuum ; and again , baltheum regum dissolvit : the places you have cited before . what he speaketh for sovereignty , you shall hear , qq . & . for solomon his suffrage you had before . what he saith of the heart of kings , &c. of not resisting kings , you shall hear it in its proper place , that a king , there is no rising up against him : what in the book of ecclesiastes , he speaketh of his absolute sovereignty , you shall find it in its proper place . e're long , you shall by gods grace hear david speak for himself . and because we said before , that no truth almost in scripture is more apertly and frequently delivered , than the sovereignty of kings , their creation by god immediately , the historical part is plentiful in this kind . in genesis , it is promised to abraham , that kings shall come of him . there it is fixed by prophecy in the tribe of iudah , with iudiciaria and legislativa potestas , with the scepter and law-giver . in the law it is fore-told , his duty is prescribed . moses dying , prayeth for one onely to rule the people after his death . in iehoshuah his book , you have as compleat as absolute a monarch as we plead for , as by express scripture , in its own place , we shall clear by gods grace . in the book of iudges , the sophetim , the judges are monarchs , and not once , but oftener there it is told us , that all evil was in the land for want of a king. in the books of samuel , you have not only the institutions of kings , but ius regum expressed . to name the books of kings and chronicles is ridiculous . in the books of ezra , &c. look upon cyrus , darius , &c. as for the new testament , see how christ taught it , practised it , and his apostles after him : to point at this is not necessary . if our strait-laced brethren would be pleased to cast an eye upon apocrypha , i refer them to ecclesiasticus , cap. . , , &c. hear ye kings , &c. give ear , you that rule the people , and glory in the multitude of nations , for power is given you of the lord , and sovereignty from the highest , &c. yet fearing this passage will not be current enough among our sectaries , i point at two passages of david , till we hear him speak more fully : the one is , psal. . . thou settest a crown of pure gold upon his head . the other is , psal. . . thou hast made his glory to cease , and cast his throne down to the ground . i do confess ingenuously , it is a great wonder t● me , how any man that readeth the scripture attentively , doth not heartily , and without scruple acknowledge , that kings and sovereignty are independent from all , and onely derived from god ; and that this truth is not onely verified of the kings of the iews , but all kings whatsoever . which truth , we are hopeful , we have confirmed clearly , yet will proceed to add more reasons , and to remove some more of their poor evasions . chap. iv. that kings are onely dependent from god , and not from the community , is more proved by scripture . the poor shifts of suarez and bellarmine are removed , who , abusing the passage deut. . would have the constitution of the kings of israel to relate to the people , as its real and proper origin and cause ; and the priviledged case onely this , that god reserved to himself the designation of the person of the king. this other shift of suarez and bellarmine , in the title of the chapter expressed , is as poor a one as the other ; nor can it hold when it is examined by scripture and reason . both the iesuits and the puritans , their disciples , build this quirk upon the naked perverted letter of the text , that deut. . ● , . it is said of the people , that they set the king ●ver them ; and upon gods part it is said , him shalt ●hou set over thee whom the lord thy god shall chuse . ergo , say they , the constitution is the peoples , the election of the person is gods. it is a lame consequence ; for the words constitues super te , thou shalt set over thee , are not to be understood of constitution by collating , or transferring from them to the king , majesty and sovereignty : but of constitution by way of approbation , or of accepting of him as king , acknowledging him as a king , reverencing and obeying him as king , whom god hath both designed and constituted by himself king. in this sense , we grant a constitues super te , a setting over thee : and because this is the last act in constituting a king , that puts that in fieri in facto esse , quasi ultima dispositio inducens formam , as the last disposition which induceth the form in the matter , by a synecdochical and tropical speech it is so usually spoken . nor is it unusual to the spirit of god in scripture to speak this way , for it is said , cor. . the saints judge the world : now it is certain , that the judgment of the saints is only by approving or consenting to christs judgment , which is his only authoritativ● , properly ; and their act in that great judgment at the last day , is only to approve or consent rather to the righteous judgment of their lord : yet scripture standeth not to say , the saints shall judge the world. to judge by authority is only proper to god the father , by the son , to whom the father hath given all judgment ; and this leaveth no place , no power to the saints to dissent . the like holdeth in the instance proposed . that this is to be conceived so ( which is our sixth argument , to confirm that kings and their sovereignty are immediately from god ) is more than apparent , that almighty god in scripture vindicateth to himsel● all the acts , real and imaginable , which are necessary for the making of kings . if the iesuit make much of the letter of the text , deut. . where it 's said , the lord should chuse the king , and the people set the king over them ; let us consider how the practice interprets the letter of the law , it is an infallible maxim with jurists , praxis optimus legis interpres , practice is the best commentary of law : and it is no less a ruled case , that the first president is a ruling case to all following in that kind . come then , take the first instance in saul , the first elected and constituted king by the tenor of this law. in the practice the phrase is varied and turned over , the election is given to the people , the constitution to god : sam. . . behold the king ( saith samuel ) whom you have chosen and desired , and behold the lord hath set a king over you . this election of the people can be no other but their admittance or acceptance of the king , whom god had chosen and constituted ; as the words , whom you have desired , imply . scripture telleth us , that saul's election and constitution was , sam. . . when god said to samuel , behold the man whom i spake to thee of , the same shall reign over my people ; and when samuel took a viol of oyl , powred it upon his head , kissed him , and said , is it not because the lord hath anointed thee to be captain over his inheritance ? . sam. . . where you have samuel as priest and prophet anointing , doing reverence and obeisance to him , and ascribing to god that he did appoint him supreme and sovereign over his inheritance . the same again is totally given to god , sam , . . the lord hath set a king over you . the expression and phrase is the same with that you have of christ and his kingdom , psal. . . i have set my king upon my holy hill of sion . i am confident none will be so sacrilegiously impudent , as to give to church , to man or angel , creature or creatures , any share in any act of constituting christ king over his church , and for his church , and in order to it , over all the kingdoms of the world. by what is said of this first practice it is more than evident , that god in that law of making kings deut. . did vindicate as proper and peculiar to himself , the designation of the person of the king , and the investing of him in royal power and sovereignty . the people then were only to admit and accept of their king by god so designed and constituted , and to yield all reverence , obedience , and maintenance necessary . it was not arbitrary to them to admit or reject saul so designed , so constituted by god himself immediately ; reject him they could not . yet god in his wise prudent dispensation of all things , judged it expedient to complete and consummmate this work by the acceptation , consent , and approbation of the people , vt suaviori modo , that by the smoother way he might thus encourage saul to the undergoing of this hard charge , and make his people the more heartily , without grumbling or scruple , reverence and obey him . as by his providence he doth all things powerfully , so he disposeth of all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the good of man in a sweet and mild way . this admittance possibly added something to the solemnity of saul's investing , but nothing to the essential or real constitution : as the intimation of a law , ( which in laws i think hath more interest than this admittance here ) it hath no influence upon a law made by supreme power , yet it is useful , it puts the subjects in mala fide , makes them inexcusable if they contravene . or this admittance was and is as the imperialists say , truly of the popes confirmation of the elected emperour , good ad pompam , but not requisite ad necessitatem . or if you will speak with the romanists , that the confirmation is of the pope once elected , is ad solennitatem , not ad necessitatem , for the solemnity , not simply necessary . or to come more near and with more certainty and truth ; it is like the coronation of an hereditary king , which is only for solemnity , not for necessity : for before that ceremony and solemnity his title is as good as after it ; and any act of royal power and jurisdiction done before his coronation is as valid as any done as after his coronation . or if you will , it is like the enthronization of a bishop , or installing of a canon o● prebend in a cathedral church . scripture maketh this good plentifully elsewhere ; for it punctually ascribeth all acts , essentially constitutive of kings , immediately to god. in one full word , the making of a king is given to god , kings . . and now , o lord my god , thou hast made thy servant king instead of david my father . the providing of a king is given to god , sam. . . i have provided me a king. the king in a proper and peculiar way is called gods king , psal. . . great deliverance giveth he to his king. god exalteth them , psal. . . i have exalted one chosen out of the people . not the people , but god findeth kings out , ibid. vers . . i have found david my servant . neither priest , nor prophet , nor people , really anoin● kings , god anointeth them , ibid. vers . . with mine holy oyl have i anointed him . that we conceive them not to have their prerogative from pope or people , priest or prophet , not they but god adopteth them , ibid. vers . . i will make him my first-born , that he may cry unto him , thou art my father , my god , vers . . to shew their nearer and straiter alliance , they are taken in societatem nominis , numinis , potestatis ; into a communion of his majesty , his name , power , it is said , psal. . . i have said , ye are gods. to shew their generation , their procreation , their derivation ; there is a dixi to this too , i have said ye are all of you the children of the most high ; not terrae filii , cadmus off-spring , sprung out of the earth . kings then are not made , provided , chosen , found , exalted , anointed , adopted , by saints , by people , by pope , by presbytery , by any diffusive , collective , representative , virtual body of the community ; but by and of god alone : for their power , their sovereignty they are dii 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 elohim ; the manner of propagation , derivation , communication , is by filiation , by adoption , they are filii excelsi , the sons of the most high , and for eminency above all , they are the first born ; this is the language of canaan , it is the language of ashdod to say , that a king is minor universis , singulis major . scripture reason speak the contrary ; primogenitus , the first-born is not above every brother severally ; but if there were thousands , millions , numberless numbers , he is above all in dignity , in precedency , in power . it is statuted by god in the beginning of the world , that the younger brother , and brethren all of them , sub te erit appetitus ejus & tu dominaberis illius ; vnto thee , or subject unto thee , shall be his desire , and thou shalt rule over him . gen. . . to return a little to the practice of the law , in constituting david king ; you find it was not the diffusive , the collective body of israel , that found david , chose him , exalted him , anointed him , &c. it was god alone ; it was not the elders of bethlehem , his own city , neither they nor the other knew of it , sam. . . nor were the saints sharers in this work with god , they knew nothing of it , psal. . . nay , not samuel the prophet , had it been he , it had not been king david but king eliab . it is worthy of our labour to take notice , how the anointing of kings is wholly attributed to god in scripture , and other kings , besides the kings of iudea , are called the lords anointed . which is more than evident by what is before expressed : the phrase of scripture is very emphatical ; they are anointed with his holy oyl : the act is his , he anoints : the holy oyl is his , he anoints with his oyl : this oyl is sacred too ; it is not every oyl , but his oyl , and his sacred oyl . sacred oyl it is , which how it can be so denominated , and come from the people , as its first subject and seat , its origine and source , is not conceivable in reason . sacred it is in three respects . first , from a sacred fountain , a sacred efficient , from god himself . . next , for its sacred influence upon the person , it makes the person of the king sacred . . for its influence upon the charge , the function , his power , his authority is sacred too . and both the person and the charge are supreme , which is most fitly resembled in the sacramental ceremony of oyl , put oyl in whatsoever liquor you will it swimmeth above in the surface . now all this is so intirely and solely given to god , that neither priest nor people , pope nor presbytery have any part in it , psal. . . with mine holy oyl have i anointed him . god finds the oyl and the hand to do it . you will say , samuel's hand did it . the principle of the law will take away this scruple ; quod quis facit per alium , facit per se : what one doth by another , he doth that by himself . samuel was onely the delegate , god was the principal and delegant ; and in reason the act must be referred to the principal . the oyl was god's too , not from the apothecaries shop , nor the priest's vial , this oyl descended from the holy ghost , who is no less the true olive than christ is the true vine . yet i pray you mistake it not , to account it of the holy oyl of gratia gratum faciens , saving grace , as some fanaticks and fantasticks fondly imagine : this is a sacred oyl , to make the person and function sacred , as we have said . our seventh argument to prove that sovereignty in a king is immediately from god , and not from the diffusive , collective , representative , or virtual body of the community , is that all royal ensigns and acts of kings are ascribed to god. if kings were the derivatives of the people and community , in whom is that fansied , underived majesty ? how comes it to pass that the holy spirit hath not in any place or syllable of scripture intimated it ? and how cometh it to pass , that in such a particular way and enumeration all are given to god ? . their crown is of god , by putting it on their head . isai . . the royal diadem is in the hand of the lord. psal. . . thou puttest a crown of pure gold upon his head . hence it was that the emperour's coin of old was printed with an hand coming out of heaven , and putting it on their head . the very heathen did term them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as having and holding their crowns from god : their sword is god's , and he girdeth them with it . david professeth so much , psal. . . for thou hast girded me with strength ( the sword is the emblem of strength ) unto the battel . see iudges . . . their scepter is the scepter of god , exod. . . and . . the hebrew word sebet signifieth no less scepter than rod. it is a miraculous one too : we read onely of two miraculous rods , moses's and aaron's . by moses's rod what wonders were wrought in egypt , and what a miracle was it that the rod of aaron budded , and none else of the twelve tribes ? and for what purpose was it that god made both the one and the other miraculous ? was it not to manifest to the world , that the sovereign power of a king , as moses was king of ieshurun , and high sacred power of the high priest , and the tribe of levi , were not by derivation , by translation , by communication from the people , but immediately , independently from god himself ? he is well nigh out of his wits , that will make any thing miraculous the work and effect of the multitude . . their judgment is the judgment of the lord , chron. . . again , . their throne is the throne of god , chron. . . the ancient fathers and councels used the same diction ; they called . their writings , sacri apices . . their presence , sacra vestigia . . their majesty , sacra majestas . . their words , their commands , divalis jussio . the law speaketh the same language ; and whatsoever goods belonged to them , they are called res sacrae . see brissonius his lexicon lib. . in the sacras . being that in holy scripture , in reverend antiquity , and in the law , all their ensigns , all their royal acts , their persons , their right , their goods , are denominated sacred , and given to god himself : how can our new statists , against the expressions of the holy spirit , of the holy fathers , and of jurists , honour kings no better , but to call them derivatives of the people ? is this to ennoble them ? no truly , it disgraces kings , it maketh them the basest extract of the basest of rational creatures , the multitude , the community . it is certainly untrue , if it be not blasphemous against god and the king , to fix , as in its first seat and receptacle , an underived majesty in the community , where there is not one of a thousand an intelligent and knowing man. it is certainly high treason against god and the king. a world of reasons to prove that kings are independent from all , and solely dependent from god , may be brought from scripture ; but because we intend brevity , and haste to other things , we point at some few to be considered and enlarged by the judicious reader himself . as first , to whom can it be more proper to give the rule over men , than to him who is the onely king truly and properly of the whole world ? . next , god is the immediate author of all rule and power that is amongst all his creatures above or below , why then should we seclude him from being the immediate author of government of empire amongst men . . thirdly , man in the state of innocency , in his first creation received dominion and empire over all the creatures below , gen. . . replenish the earth , and subdue it , and have dominion over the fish of the sea , and over the fowl of the air , and over every living thing that moveth upon the earth . again , after the fall , gen. . . the fear of you , and the dread of you shall be upon every beast of the earth , and upon every fowl of the air , upon all that moveth upon the earth , and upon all the fishes of the sea , into your hand are they delivered . can we be so stupid , as to acknowledge the dominion over all the creatures below , is given to man immediately from god , and to deny that the most noble and excellent government , by which man hath power and empire over men is not from god , by his institution and constitution , but by the compact and contract , the composition and constitution of men ? . fourthly , to demonstrate their immediate derivation from god : that their power is immediately from him , is more than apparent by this reason . they who exercise the judgment of god , must needs have their power to judge from god : but so it is that kings by themselves and their deputies exercise the judgments of god. the proposition is sure , and is both confirmed and illustrated by considering how that church-men are rightly said to have received their ministerial power from god and christ , because god by them reconciles the world to himself , and saves mankind , cor. . , , , . tim. . . how is it imaginable that they can be said to judge in god's place , and not receive the power from god ? the assumption is as evident by express words of scripture ; see deut. . . chron. . . let no man stumble at this , that moses in the one place , and iosaphat in the other , speak to subordinate judges under them ; this weakeneth no wayes our argument , for it is a ruled case in law , quod quis fa●cit per alium , faci● per se ; all judgments of inferiour judges are in the name , authority , and by the power of the supreme ; and are but communicatively and derivatively from the sovereign power . . fifthly , not onely their power is of god , their iudiciaria potestas , but the very execution of it . they are the ministers of god in the execution of their charge and power ; ergo , their charge and power is immediately from god. all the testimonies of scripture wherein they are called gods confirm the antecedent , and especially those where the supreme governour is called , the servant , the minister , the angel , the publick servant of god : doth not this argument hold in the ministry ? doctors and preachers of the church discharging their charge are called the ambassadours , the legates , the ministers of god ; and from hence we conclude necessarily , that the ministry is from god and christ. the apostle saint paul , rom. . , , . calleth the supreme magistrate thrice , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and pregnantly expresseth , that the king in the execution of his charge is doing service to god , vers . . he is the minister of god to thee for good . but if thou do that which is evil , be afraid , for he beareth not the sword in vain . again , he is the minister of god , a revenger to execute wrath upon him that doth evil . again , vers . . for they are gods ministers , attending continually upon this very thing . the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is well rendred attending continually , and is in its nature active , and so looketh to the execution of his charge properly . in the book of wisd. cap. . . the author attributeth to god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to kings and rulers , the ministery onely ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . there can be no argument better to prove , that both their sovereign power and execution of it is from god , than that properly and primarily god almighty is king , and all kings related to him are onely equivocally so ; for he is rex regum , & dominus dominantium , tim. . . revel . . . & . . & ▪ . & . . he is king of kings , and lords of lords , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , truly so ; kings upon earth , are only such , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , more in resemblance than reality , and betwixt the one and the other , the kings of heaven , and kings on earth , no more proportion than is betwixt heaven and earth , a thing finite and infinite : for this cause scripture , mark . . speaketh no better of kings and princes on earth , than that they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not so much truly men that have empire and rule , as such that appear to be so ; from whence then shall we derive sovereignty and royalty but from that true royalty and sovereignty in god alone . . sixthly , the power and grace by which they are inabled for so high a charge and employment is only from almighty god , then by necessary consequence , the charge must be solely and only from him . the connexion is natural , for in right reason , to whom can it be due to give a charge of this concernment properly , but only to him who is able to give the endowments , and hability for that charge ▪ now that the endowment is from god immediately ▪ the sacramental ceremony of anointing sheweth it ▪ and that exactly they are called the lords anointed . we need not use symbolical arguments , seeing the schools allow them no convincing force , the holy spirit hath given it to us in plain and natural terms right down . of ot●niel the first judge after ioshua , it is said , iudges . . and the spirit of the lord came upon him , and he judged israel . the like you have spoken of saul , after that he was anointed and appointed king of israel , sam. . & . and elsewhere . the same is said of david , sam. . very knowing men in divinity interpret the passage prov. . . the hearing ear , and the seeing eye , the lord hath made even both of them : that the facility to rule well , and the grace to obey rulers , both of them are of god immediately : by the hearing ear understanding the actual obedience of the subject ; and by the seeing eye , the actual government and empire of the sovereign : the interpretation is according to the analogy of sacred and divine truth . if any be contentious to hold it is not the native sense of the text , we will not contest or contend unnecessarily , seeing we have plain places to the same purpose . david professeth and acknowledgeth , that the subjection of his people to him , was the immediate work of god , psal. . . the like see sam. . . when saul was constituted king , some despised him , but those whose hearts god had touched , followed and reverenced him . . seventhly , where sovereign power is , as in kings , there is authority and majesty , a ray of divine glory . but this cannot be found in people , they cannot be the subject of it , whether you consider them joyntly or singly . if you consider them singly , it cannot be , for this is not to be found in every individual ; and according to our antimonarchical sectaries , all by native right are equally equal born with a like freedom . if it be not in the people considered singly , it cannot be derived from them , being considered joyntly , for all the contribution in this compact and contract which they fancie to be humane composition , and voluntary constitution , is only by a surrender of the native right , every individual hath in himself , from whence then can this majesty and authority be derived ? again , where the obligation is amongst equals by compact and contract , violation of the faith plighted in the contract cannot in proper terms be called disobedience or contempt of authority ; it is no more but a receding from , and violation of that which was promised , as it may be in states or cantons confederate . nature , reason , conscience ; scripture teach , that disobedience to sovereign power is not only violation of truth , breach of covenant , but also high disobedience and contempt . that this authority is in princes , it is evident by sense , by experience , by scripture , by the confession of the heathen . the passage we did alledge before proveth this , sam. . . to that passage , add that cap. . that when saul hewed a yoke of oxen in pieces , and intimated , that whosoever came not forth after him , so it should be done as to his oxen : such was the authority , that the text saith , the fear of the lord fell on the people , and they came out with one consent , sam. . . this is well expressed by iob , cap. . vers . . he looseth the bond of kings , and girdeth their loins with a girdle : by the first expression , he looseth the bond of kings , iob meaneth , that when god is to cast off kings , and to throw their honour in the dust , he looseth their authority , and bringeth them and it in contempt . by the other phrase , and girdeth their loyns with a girdle , iob intimateth , that when he is to preserve kings and their rights , that he strengthneth them with authority , and maketh people reverence them . that this is the meaning , you may conceive it by what he saith , v. . he poureth contempt upon princes , and weakneth the strength of the mighty . by this authority and majesty solomon invested in royalty , dissipated adonijah and all his treacherous complices . the heathen have observed , that in princes there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , something divine , above the reach of man , which cannot be derived from them . if we may believe prophane story , this majesty was so eminent in alexander the great , that it was a terrour to his enemies , a power strong enough to compose seditious counsels and attempts , a powerful load-stone to draw the counsels of his most experienced commanders to imbrace and obey his counsels , his commands . some stories write , that this majesty was resplendent upon great exigents in the eyes of scipio . what was that which kept pharaoh from lifting up his hand against moses , who charged him so boldly with his sins , denounced and brought so terrible , so great plagues upon him ? what was 〈◊〉 i pray you , but this authority and majesty resplendent in him , which was a curb to the tyranny of his malice and power ? when moses did speak face to face with god in the mount , and when he came down that his face shined , so that the people could not behold it till it was covered with a veil , what else was it but this resolendent glory of majesty ? exod. . what else was it that repressed the fury of the people enraged against gideon for destroying their idol , but this majesty ? iudg. . and as by gods ordinance we set that the fear and terrour of man is upon all the creatures living below , gen. . so what else can this fear and reverence which is innate in the hearts of all subjects towards their sovereigns be , but the ordinance unrepealable of god , and the natural effect of that majesty in princes , with which they are endowed from above . . eighthly , this seemeth or rather is an argument unanswerable to prove sovereign power to be independently and immediately from above ; that sovereign power is armed with p●●estus vitae & necis , power of life and death , which cannot flow or issue from man , for no man hath it ; none can lay claim to it , but the living god , the author of life , who killeth and giveth life again . that sovereign power hath this power is so certain as it cannot be denied : gen. . in the restoring of the world after the flood , . first , god reiterates the blessing of increasing and multiplying v. . the same which in his bounty he bestowed on adam and evah , gen. . . . next he establisheth mans sovereignty over the creatures here beneath , v. , . . thirdly , he establisheth the civil government , v. , . where first he challengeth the power to himself in one main thing explicitly , in the punishing or shedding of mans blood to death , but implicitly in all government ; for the parts of government being all homogeneous of one kind , we must refer all to one origine , which is god. the words are , v. . surely the blood of your lives will i require : at the hand of every beast will i require it ; and at the hand of man , and at the hand of every mans brother will i require the life of man. in which words clearly it is told , the right is gods primarily properly , thrice in the words god vindicates it , i will require it , i will require it , i will require it . lest any should think that god is to do it immediately by his own hand , and not otherwise , v. . it is added , who so sheddeth mans blood , by man shall his blood be shed again : for in the image of god made he man. here is the institution of sovereignty ; and here the sovereign is invested as gods deputy , to punish the slayer of man by death . i hope none will conceive it so , that any man whatsoever may do this , and is invested with this power . this were a mighty disorder and confusion . nothing can be more pernicious to mankind , and opposite to god and his ordinance , who is the god of order and not of confusion . the words in the original are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 schophe●k dam haadam , baadam damo jischaphek . it is well rendered in our english bibles , who so sheddeth mans blood , by man shall his blood be shed . the old translation is imperfect , quicunque effuderit homin●●● , sangui●●m , fundetur sanguis illius . we will grant to bellarmine , that the sense is not corrupted in this translation , but will never yield that it is not imperfect , for the main and cardinal word , baadam , per hominem , by the cardinal's leave , is omitted : let the cardinal say what he will , whom you may look upon ● . . de verb. dei , cap. . nor do we think that the interpretation we have from the septuagint is full enough ▪ which is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ qui effuderit sanguinem hominis , pro sanguine hominis ejus eff●ndetur . psal. . and with reverence we dissent too from arias montanus , and ▪ pagnin's translations , effundens sanguinem hominis , in homine sanguis ejus effundetur : my reasons , with humble submission to better judgment , and reverence to so great men , are . first , baadam in homine , or per hominem , cannot in grammar be added to the subject or antecedent , effundens sanguinem , but must belong to the predicate or consequent , sanguis ejus effundetur ; and so the compleat and perfect sense is , effundens sanguinem hominis , per hominem sanguis ejus effundetur : just as our bibles english it , who so sheddeth mans blood , by man shall his blood be shed . the reason of this , because in the original the accent zakephkathon , which maketh , as the grammarians say , incisum majus , a distinction is put above the word haadam , so that baadam is to be joyned to the next : the like reading you may find in the very verse immediately preceding . next , this ● both in baadam signifieth no less per than in , by than in ; and by is the preposition which expresseth the instrumental cause ; and consequently it importeth one gods instrument , who is authorized from him . . thirdly , the iews in their thargum , their chaldee paraphrase or translation turn the words so ; that they understand this baadam , by man , of the judge , who from god is authorized with power . vnkelos turneth it thus ▪ qui effuderit sanguinem hominis , eum testibus , five 〈◊〉 testes , jux●a sententiam judicum , sanguis ejus effundetur . ionathan giveth the sense thus ; qui effuderit sang●inem hominis per testes , condemnabu●● eum iudices ad ●necem ; & qui effuderit absque testibus , dominus mundi 〈◊〉 vindictam ab eo sumet in die . iudicii . both of them agree in this , that the reading is thus , who so sheddeth the bloud of man , by man shall his bloud be shed ; and both of them conceive it so , that this baadam , this per hominem , this by man , is not every man , but the judge authorized from god , or both from god and his sovereign . . fourthly , to say , qui effuderit sanguinem hominis in homine , sanguis ejus effundetur , he that sheddeth the bloud of man in man , his bloud shall be shed , is neither so good , nor so perfect and full a sense , as quicunque effuderit sanguinem hominis , per hominem sanguis ejus effundetur , who so sheddeth man's bloud , by man shall his bloud be shed . . fifthly and lastly , if you value not the testimony or paraphrase of vnkelos and ionathan , ( although franciscus xymenius and other learned men , judge the paraphrase of the thargum upon the law true and faithful ) take an argument for it uncontroulable , that is our saviour's , matth. . v. . all they that take the sword shall perish with the sword. saint austin telleth us , that the new testament is veiled in the old , and vetus testamentum revelatur in novo , and the old testament is revealed in the new. a better commentary of god's speeches and words we cannot have , than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , than the son , the word of god , and that word which is god. in christ's speech , shall perish by the sword , in the phrase and dialect of scripture we can understand nothing else but the sovereign power that beareth the sword. let the apostle interpret the master : saint paul , rom. . . he commandeth subjection and obedience to superior powers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and v. . he telleth you , he beareth not the sword in vain . the words thus cleared , we sum up our argument thus . god onely hath the power of man's life . no man hath power over his own life . whoso taketh away the life of man , in god's justice and ordinance his life is to be taken away again . this principally and properly belongeth to god , v. . i will require , &c. but god hath given this to some deputies : this power is not given to every one , as the terrour of an ill conscience made cain say , whosoever findeth me shall kill me . this were to destroy mankind , and make god the god of disorder and confusion . some man it is then by distinction and excellency who is god's deputy , and then this can be none else but he in whom is sovereign power , and this power is from none else but from god almighty : and if this power over life be from god , why not all sovereign power ? seeing it is homogeneous , and as iurists say , in indivisibili posita , a thing indivisible in its nature , that cannot be distracted , put away , nor impaired ; as a crown , take any part from it , is no more a crown . when god gave this order , the world knew well enough what this baadam , by man was ; neither before this time , nor at this time , knew the world any kind of government but monarchical : and this monarch was noah . . ninthly , as their judiciary and sovereign power in actu signato , the execution and exercise of royal power in actu exercito , is given to god almighty , as to its first and proper origine and source ; so all the acts done by kings are ascribed to god , and we find them the immediate instruments by whom god worketh here the greatest works of justice , when he is to punish men , and the greatest works of mercy when he is to bless them . that both for the one and the other , they are called his servants ; his axe , his rod ; and the works they do , to be such as he hath prepared of old . in the work of justice , punishing his people , look upon nebuchadnezzar . see wh●● god fore-telleth by isaiah , by ieremy : in the works of mercy extraordinary , look upon cyrus : and for the actions both of the one and the other , consider scripture , and consider if they be not particularly and immediately given to god in all their parts , their acts as if they were nothing but dead and lifeless instruments . see the places above-cited , which before we have named , and for brevities sake we now omit . to this argument may be added the immediate working god hath upon their hearts , their counsels ; that their heart is in the hand of the lord , as a boat in the rivers of waters ; how god sendeth them in their expeditions , their wars ; maketh them in his day ▪ his appointed day , to set their face against ierusalem or otherwise ; casteth his hook in their nostrils to bring them back with shame . to this argument may be referred , that when god is to bless a people , he sendeth them good kings , the sons of nobles ; when he is to scourge them , naughty kings , weak children , &c. the testimonies of scripture for all these are infinite , many , and obvious , which we remit to the reader 's memory , or dilligent search . . tenthly , nor is to be passed by , that the sovereign immense majesty of god is expressed by stiling and denominating him king , and his supreme glory is represented by sitting on a glorious throne . see isaiah , see daniel , and the prophets . let us beware then that we make not god a derivative too of the people , and a creature of mens making . . eleventhly , in the scripture we read that onely three kinds of men were anointed , kings , priests , prophets : let any give an instance of a fourth besides those three . it is granted of all , that priests and prophets have sacred charges , and are sacred perso●s of god's immediate making and constitution ; why then shall not kings have the same prerogative , to be immediately from god , sacred in themselves , sacred in their charge , by divine ordinance and appointment ? . lastly , to close up this first part of our proof from scripture , it is a strong reason to perswade sovereignty , authority , and majesty to be from god immediately , and independently from any others , in what consideration soever , that the irreverence , disobedience , contempt , rebellion , or any wrong whatsoever offered to their persons , to their authority , is wrong and contempt offered to god himself . see sam. . this made david say , who can touch the lords anointed and be innocent ? this made the apostle say , rom. . . whosoever resisteth the power , resisteth the ordinance of god , and they that resist receive to themselves damnation . the like phrase to the first you have of the sacred ministry in the apostles , thess. . . he therefore that despiseth , despiseth not man but god. when the people murmured against moses and aaron , in the law you have , they murmure not against you but me . the like you have in samuel . the result of all is , that as the sacred ministry is by collation immediately or independently from god , although the designation of the person may be by men and the church ; so kings may be personally designed and deputed to royalty and sovereignty , by election , succession , conquest , or any other lawful possible way ; but their sovereignty and power is by donation and collation immediately and solely from god , and refers to him as the only donor and author . again , as the person and function of such as are lawfully invested with sacred power , and in sacred orders , is inviolable and sacred , so are the persons and sovereignty of kings . our order proposed in the beginning of this treatise , chargeth us now to produce our proofs from reverend antiquity . but i must beg leave of the christian reader , to discover the weakness and wickedness of a new-devised trick of our sectaries , that the king is god's , but not christ's vicegerent . chap. v. all christian kings are dependent from christ , and may be called his vice-gerents . whereas hitherto by express scripture , and by arguments from thence by necessary consequence deduced , we have proved , that kings and their sovereignty are immediately dependent from god , and dependent from no other : conceive it not so , that hereby we seclude christ , and him considered , not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ personally , as the second person in the trinity , but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in his capacity , as god-man , the saviour and redeemer of the world. our sectaries have found out a quirk , or trick rather , of late , to hold and argue , that kings are gods , not christ's lieutenants upon earth . their purpose is the same in substance with the romanists , although they differ in something ; for the romanists and puritans both of them erect in every kingdom another sovereign , not onely besides the true sovereign , but also above . in this they agree , and are like sampson's foxes , who have their tails knit together , and do carry this fire-brand to consume church and state. in one other they differ extremely , for the romanist and iesuit will have it to be the pope , the puritan and sectaries fix this sovereignty in the presbytery . we believe , with warrant of scripture and sound antiquity , that all crowns and scepters , kings and states , are dependent from christ the son of god , as he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , god and man , the saviour of the world , and head of the church . we intend not at this time to discuss that curious question , whether or not by hereditary right christ was born king of the iews : we are speaking at this time of christs kingdom , as the head of the church , in order to all the kingdoms of the world. the kingdom we speak of is not what was due to him , as the son of david , but as he was the saviour and redeemer of david and all the world. the right to which he had by hypostatical vnion , and his perfect merit and plenteous redemption . some very learned men do hold , that christ was not entitled to this kingdom till his resurrection , and that then he had ius quaesitum , as the jurists speak . there is not much danger to hold this or deny it , but with reverence to their great parts , and humble submission to better reasons , i dissent from them , and do think , however it may be granted , that then he came to exercise it fully and perfectly ; or if you will , that a new title and right did accrue to him , that what he had before by hypostatical vnion onely , now he had it by another supervenient right of merit , and so had it duplioi titulo , as saint bernard saith of him in another case : yet for any thing i could yet see , i am of the mind from the first instant and moment of his incarnation , as god-man , the head of his church , by the grace of hypostatical vnion he was king of kings , and lord of lords . it cannot be denied , that while he was in the form and state of a servant , in statu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in the state of humiliation , as by the no less mysterious than admirable and wise oeconomy of god , the glory of his deity did not conspicuously and ordinarily shine thorow the veil of his flesh , no more did this majesty and glory of his sovereignty and kingdom shine forth to the eyes of men . god in his unsearchable wisdom having appointed , that the kingdom of god should not come with observation , and that the iews might be rectified in their judgment , who did not expect a spiritual king and deliverer , but a messiah , to reign temporally over them , and by him to enjoy all external plenty , peace and happiness . nevertheless , such was the merciful and bountiful dispensation of god in this cloudy and dark oeconomy , that sometimes thorow the thick and dark cloud of his flesh and infirmity , some little rayes of his immense majesty did appear , as in his miraculous operations ; even so in the same manner , at many times , and by many acts , his sovereignty was manifested ; and that he was truly king , it was evidenced . at his birth , the wise men who came from the east worshipped him in his swadling-clouts : they are in scripture , and by the constant not interrupted course of the church to this day commended for it . in his ministry , he entred ierusalem in royal pomp : his disciples and a great multitude did him obeysance , gave him royal honour : and when the iews grumbled at it , he told them that it was not onely just but necessary ; that if they and the people did hold their peace , the stones would proclaim him king , and do him royal homage . in his arraignment , when he is to lay down his soul for his sheep , he avouched himself , before pilate , a king. pilate demands the question , art thou a king ? pilate understood not any kingdom in his question but a temporal one ; a spiritual kingdom in his conception was a meer notion , fancy , chimaera : christ without dissimulation , equivocation , or mental reservation , ad mentem interrogantis answereth , he was a king. matth. . . mark. . . he had it written upon his cross. buried , he had his grave sealed as a king. these things thus premised , we come to prove that kings are christs vicegerents and lieutenants upon the face of the earth , . our first proof is , the place we insisted much in before , prov. . . by what is said , it is more than apparent , that by me kings reign , hath this sense , by me wisdom , the son of god , the word that was made flesh , kings reign : you may find many reasons by reviewing the most learned and most pious bishops sermons , dr. andrews , whose memory shall ever be in everlasting benediction . . first prov. . . this wisdom is called the son of god. . next this preposition per , by , it is the proper and peculiar preposition of christ. . thirdly , it is not very congruous that as by christ we have all blessings spiritual in heavenly things , so by him we have kings his derivatives constituted , the best and most eminent of temporal blessings . . fourthly , christ he is wisdom , and by him all blessings issuing from mercy ; kingdoms subsist more by wisdom than by power ; why shall we not then from this wisdom establish kings and their sovereignty ? the proper work of wisdom is ordinare , to order , and to establish order ; why then shall not all monarchy refer its origine to this wisdom ? . lastly , the original word , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bi , is both in me , & per me , in me and by me , to intimate , as we said before , that kings are first in him , and so come forth from him ; and yet come so forth from him , that they are in him ; christ in them as his deputies ; they in him as their author and authoris●r ; he by their persons ; they by his power . . our second proof we bring from that scripture averreth that christ is not only king of his church , but in order to his church , king over all the kings and kingdoms of the earth . christs kingdom over his church . psal. . . . in these words expressed i have set my king upon my holy hill sion . over the whole world , in these words , v. . i shall give thee the heathen for thine inheritance , and the uttermost parts of the earth for thy possession : which is not to be scantled by conceiving it only of the calling of the gentiles to the communion of his church , but also of his sovereignty over all the earth and kings of the earth . this ordinance is by appointment , and a decree irrepealable . v. . i will declare the decree . the words , i shall give thee , demonstrate that this potestas is not aeterna & interna , that eternal power which is inseparable from him as god , but data & externa , a given and bestowed power , which is not conceivable in christ , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as man , or god-man , our saviour and redeemer . . a third proof may be this , that as this was foretold by prophecy , so in the fullness of time it was really effected and accomplished . matth. . . our saviour saith ; all power is given to me in heaven and in earth . the word given , sheweth this power is fixed in that capacity by which he is our saviour , all power in heaven and earth , universally is expressed , all power , and by distribution exegetically amplified , all power in heaven and earth , which will not admit nor permit , that we exclude sovereignty in kings . vbi lex non distinguit , nemo distinguere debet . let our adversaries shew where kings and their crowns are exempted or excepted from this , all power in earth . . fourthly the apostle st. paul , heb. . . telleth us that god hath appointed the son , by whom he hath spoken to us in the last days , heir of all things . if this inheritance be not over kings , we are infinitely mistaken ; and if kings refer not their right to him as donor , they have no just title . . fifthly , the scripture to take away all cavils , hath given us this truth in terminis terminantibus , in plain and express terms , revel . . . jesus christ the faithful witness , the first begotten of the dead is , the prince of the kings of the earth . that again , cap. . . he ruleth them with a rod of iron . that this is meant appliable at least to kings , see and read it . psal. . . revel . . . on his head you have many crowns , an embleme of his sovereignty over all kings , and that all are his deputies , his substitutes . to what is said , add that of st. paul. tim. . . he is the only potentate , the king of kings , and lord of lords . that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a note of excellency . revel . . . the lamb he is lord of lords , and king of kings , revel , . . and he hath on his vesture and on his thigh a name written , king of kings , and lord of lords . observe the words attentively , how characteristically this power is given to the lamb , to iesus , to the faithful witness ; that it is written on his thigh on his vesture ; which qualifie this power as his due , as he is the head and saviour of his church . it is worth your notice taking , that this name is written upon his thigh , that we may learn two things ; the one is , that this power is fixed in christ-man ; the other is , that all kings are de femore christi , from him by generation . reason pleadeth for this truth ; . first , what is more suitable and convenient , than that all kings of all ages , should issue from him , who is rex saeculorum , a king whose kingdom endureth throughout all ages ? it is the highest dignity of crowns to hold of this crown . . next , is it not prophesied by isaiah , that kings shall be the nurse-fathers of his church , reges erunt nutritii tui ? is it not fit then that they hold their crowns of christ ? is it not fit , that kings be taught so much , that with the more alacrity and zeal , they may advance the good of christs kingdom ? . thirdly , our divines do acknowledge , that by men in sacred orders christ doth rule his church mediately , in those things which primely concern salvation : and that by kings , their scepter and power , he doth protect and preserve his church , and what concerns the external government in order and decency . how then can it be denied , that kings in this latter sense , are no less the immediate vicegerents of christ , than bishops priests , and deacons , in the former ? look upon the interpretations are given by the best and most able of our divines upon cor. . . . fourthly , what is the reason that all christian emperours and kings glory in the sign of the cross , and place it upon the top of their sacred crowns ? it is not only by this symbolum christianismi this ancient badge of christianity , to witness that they are christians , and not ashamed of the cross of christ , but also to acknowledge , that they have received and hold their crowns of him . much more might be said to this purpose , but for brevities sake , and judging what is said to be sufficient to prove all kings to be christ's vicegerents , we spare with more reasons to transgress upon the patience of the understanding reader . some have shunned to speak thus , that kings are christ's vicegerents upon earth , fearing that because of the popes unjust challenge to be christs universal vicar upon earth , it should usher in a subordination of the crown to the mi●re . they scruple without just cause . what need we to be afraid to speak with scripture ? it is high presumption in the pope to challenge to himself the title or right of christs universal vicar upon earth , by divine right . there is no colour almost or shew of reason for it either in scripture , or reverend antiquity . the pope , the bishop of rome , hath no more by divine right ( what he may have by positive ecclesiastical right , it is not pertinent for us now to examine and discuss ) no higher priviledge ( except it be in extent ) than the meanest bishop in the world in his diocess . doth not st. hierom say , omnis episcopus sive romae fuerit , sive eugubii , sive constantinopoli , sive rhegii , sive alexandriae , sive tanis , ejusdem est meriti , ejusdem sacerdotii . the learned and holy father compareth , with the three great patriarchs ( priviledged at that time by ecclesiastical canons above● all others , with the patriarchs of antioch , and the honorary patriarch of ierusalem ) three of the meanest bishops next adjacent to them , the bishops of eugubium , rhegium , and tanais , and averreth that by divine right they had 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 equal right , equal power . nor doth that hold better , that the pope would make his transcendent and extravagant jurisdiction over all , to be grounded upon a fancied eminency in st. peter , above his fellow apostles , ordinarie in him , extraordinarie in them , personal and temporarie in them ; but so fixed in peter's person that it is transmissible to his successor , and he forsooth , whether god will or not , must be the pope of rome . this paradox is against scripture , sacred antiquity , and sound reason . it is not fit now to prove it , only to satisfie the judicious reader , i content my self with the suffrage of that holy father and martyr s. cyprian , who de unit . eccles. or singular , prelator saith ; hoc utique erant caeteri apostoli , quod erat petrus , pari consortio praediti & honoris & potestatis . he knew not these differences these novators have coyned and forged upon the anvil of their own hearts : his judgment was , all the apostles no less than peter , were endowed in order to their apostolical charge , with the same endowment of power , and priviledges of honour . would god , both sides in this and other controversies , would submit to the judgment and determination of the holy fathers ! i wave the accurate discussing of these points , they require more time , and a more fit place . to what is said i add , that although we would give to the pope of rome , to be christ's immediate universal vicar in spiritualibus , in spiritual things , there is no danger , and so to shun this inconvenience , we need not be so shie , as to forbear to call kings christs vicegerents , christs lieutenants . for if we should grant the antecedent , the pope is christs universal vicar upon earth ( which is certainly as false as falshood it self ) it is an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a lame consequence , to make this inference , ergo all kings crowns are subordinated and subjected to the pope and his mitre . their own authors , who advance his power as high as lucifer , do acknowledge that all power that was in christ , secundum quod homo , as he was man , was not collated upon st. peter . they confess moreover , that all the power that was in st. peter , was not by him transmitted to his spurious and usurping successor . they all with one mouth profess , that potestas excellentiae quae in solo homine christo fuit , that power of excellency , which is solely peculiar to , and personal in christ , was not communicated to st. peter . they clear and prove it by specification of instances : saint peter , say they , could not confer the effect and efficacy of the sacrament without the sacrament it self ; nor could he institute sacraments of himself , or in his own name , or others than christ himself did institute . do they not all of them give and grant that saint peter did not transmit the power of doing miracles to all his successors ? so then , although it were granted that the pope were christ's vicar universal , it will not necessarily follow , that in this , that christ is king of kings , the pope is his first immediate and universal vicegerent . i wish the pope , who claimeth so near alliance and contingency to christ , would learn of christ to be meek and humble in heart , and so not onely should he find rest to his own soul , but a great deal of more rest and quiet should be both in church and state. it is very considerable , that in scripture it is recorded , that whilst our saviour was minister circumcisionis , the minister of circumcision , he both practised and taught that it was god's ordinance , that the mitre submit to the crown ; and the shepherd's crook to the scepter : scarce well come into the world , when he taught this by his practice , flying from herod's persecution to egypt , who might have commanded legions of angels against him to destroy him ( if it had not been that it was fitter he should teach us true obedience ) as at his word , they published his birth to shepherds , and sung that glorious anthem , gloria in excel●is . some , it is probable , may judge this to be the act and fact rather of ioseph and mary than of christ , and that they out of their fear and weakness not able to do better , did flee herod and his malicious intent . if any think so , let him consider , that he hath not learned as yet that all christ's actions and passions are full of mysteries , and nothing acted or suffered by him , in which there was not an over-ruling wonderful providence of god in mercy and wisdom : and withal let him consider , that all his acts and sufferings are our instructions . but leaving this , did he not in his ministry teach and practise it ? teach it , when he commanded to render to caesar the things that are caesars ; when he convinced the iews , who would gladly have shaken off caesar , and his right , arguing that they were by god's law bound to pay caesar tribute , because he was their king , and this he proved by their coin , ( which with all sound knowing politicians is inter jura majestatis ) which was printed with caesar's face and superscription . again , in his death , did not our saviour christ acknowledge pilate's power ( that is the roman , of which he was deputy ) to be from above ? did he not rebuke peter , who with his sword would have in a defensive way saved him from those bloudy persecutors ? did he not tell him , he that killeth by the sword , shall perish by the sword ? that is , peter , although thou think thou hast a good cause , that thou wilt defend me , and by resisting open force , preserve me thy master , thy saviour ; deceive not thy self , it is not lawful by arms , in the best cause , for my cause , for my life , to resist lawful authority ; if thou kill in my defence , thou art worthy to suffer death by the sword , by him that beareth the sword not in vain . when peter over-reached himself in this distempered zeal , cut off malchus his ear , christ , before that offence should have been done by any of his , in his company , for his cause , will be at the pains to cure this wound miraculously . would god , pope and papeling , jesuit and sectary , puritan and presbyterian , would fix their hearts upon these practices of christ , by a singular wisdom of god so clearly and fully recorded , practised in christ's nativity , childhood , practised and taught in his ministry , practised and taught when he was a dying , when he was looking death in the face , at which time the most sinful man will neither dissemble nor temporize . i doubt much if in any act of christ , during his coming into the world , and his going home again to his father , you can instance any to parallel this ; to exceed it , sure i am you cannot . and what , i pray you , can the pope challenge more than to be minister evangelii , a minister of the gospel , as our lord was , circumcisionis , of the circumcision ? he shall never be accounted with me the true vicar of christ , who teacheth contrary to christ , and practiseth contrary to his practices : me thinketh he looketh more like , and hath nearer alliance with the man mentioned thes. . who exalteth himself above every thing is called god. it is very considerable likewise , that in the apostolical creed , which is so full , so brief , and nothing in it but what is necessary to be believed to salvation , that i say in this short creed , pontius pilate ( whose memory is accursed ) by the spirit of god which ruled his church in setting this down , is recorded . it is not for his honour certainly , but for our good and edification , that there it is said , christ suffered under pontius pilate , that we may learn , if we expect salvation by faith in christ , we must submit to authority , by obedience to what they command , if it be lawful ; and submitting humbly , and suffering , if authority urge that which is unlawful , and against god. and that this we are bound to , although the magistrate be as opposite to christianity as a heathen , and the cause for which we suffer be for christ and his church . we will never help christ nor his church by arms against authority , or religion by rebellion . if our sectaries give us a new creed , it will concern them near , with the expunging of christs descent to hell , and the communion of saints , to raze out this , he suffered under pontius pilate . if their practices be so contradictory to christ's , they cannot but consequutivè , by consequence , be destructory of the christian faith ; where the reward of those are to be expected you know too well . it were better for you not only to expunge christ's descent into hell , but to annihilate hell it self , which by a close committee you may resolve upon , if your omnipotent power can be able to do it : i mean , your fansied coordinate power , which you have of late erected against sovereignty fixed in the lord 's anointed , as in the church you have erected altar against altar . god open your eyes to see your monstrous sins and errours , and to give to you and to us all true repentance , that the fearful vengeance of god overtake us not , and in the world to come be forced by sensible , eternal , and horrible pains , to acknowledge the truths which now we reject , although plainly in scripture declared , in the most authentick apostolical creed determined , and by the current and not interrupted suffrage of the fathers , above seven hundred years believed . lord have mercy upon us , and turn his wrath and fearful indignation from us . i dare not to express what i fear ▪ when i look upon these outrages committed against sacred truth ; how god and his word are abused , his sanctuary defiled , his ordinances repealed , mischief framed by the law , sacred persons violated , and the lords anointed fearfully rebelled against . my resolution is to dissolve unto tears and prayers , and with my master say daily , say hourly , lord forgive them , for they know not what they do . the weakness of this assertion , that kings are not christ's vicegerents , we have as we hope sufficiently proved : it is high time now to discover the wickedness of it . the purpose they have by this and the like assertions , is to reserve the managing of all religious affairs in their largest latitude to themselves ; vindicating it as peculiar and proper , quarto modo , to their conventicles , presbyteries , and assemblies . this sovereignty they make so sovereign and independent , that all kings and sovereigns whatsoever must submit to it . this sovereignty ecclesiastical may restrain and constrain the king at pleasure . it may repeal his laws ; correct his statutes ; reverse his judgments . it may establish its own , urge obedience , cite , convent , and censure in case of disobedience : and if they be not of power to execute what they decree , they may call for or command the help and assistance of the people , in whom is that underived majesty ; and to this purpose may promise , covenant , swear to stand to the maintenance of their fancies against all whatsoever , and to defend each another , contra omnes mortales , with their goods , lands , fortunes , honours ▪ lives , to admit no divisive motion ( which is real , and to be such , if the authority of this church declare it such ) whatsoever , to suppress whatsoever is contrary to the good intended in this covenant and association , if it be in their power ; so that this sovereign maketh every man armatum magistratum , to be armed with power , and the way left to himself ; for ought we know it may be ravilliac's way , or guido faux's way . surely here is a despotical sovereignty , and more than ever was challenged by any , the turk or king of spain without europe : this is to tyrannize over mens souls , for no man must be suffered to live or enjoy any freedom , or life there , who dissenteth in the least point of their voluminous greed from them ; and if he assist not with his monies , his arms , his hands , to the loss of his life , for his religion , he is either prelatical or papistical , and for his affection to the states , ( a word incompatible with monarchy , and of highest treason ) he is at best a malignant . at pleasure of this sovereignty every man must give the quota this sovereignty prescribeth , the twentieth , the tenth , the fifth part , &c. must give loan of what moneys they have by them , or upon bank , for the good cause , upon security of the publick faith , ( a non ens , which is like , if god prevent it not , to ruine the reformed orthodox catholick faith , and moral faith and truth amongst men ) or what other they specifie and ordain : what a vast sovereignty is this ? the extent of it is immense ; for nothing shall be without the sphere of this power , which hath no motion but eccentrick ; no person without the verge of this scepter . and good reason for all this , for this is god and christ's institution ; this sovereignty is the ind●vidual companion of the gospel , the holy discipline , the discipline of christ , half the kingdom of christ , the undoub●ed note of the church , the eternal counsel of god , it is 〈◊〉 scepter of the son of god. you see the effect of it , wh●a● happy , what a glorious reformation it hath brought with it , the like was never seen since the apostles dayes : this reformation will pull down antichrist from his throne , the hearing of the beginning of it , how it enlarges it self now to be sworn too in england , will make the pope of rome and his cardinals knees smite one against another . quid verba audiam cum facta non videam ? judge of the tree by its fruits , as our master hath taught us , and we will find all their good words ; are , as jurists say , protestatio contraria facto , solemn protestations , liberal promises ( you know whose custom this is ) but slack performances : would to god that had been all● no , a world of mischiefs have followed upon it , and , it is to be feared , that what is past is but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the beginnings of troubles . the most glorious church amongst the reformed , the staff and strength of reformed religion is broken in shivers , where all things are lawful except to serve god ; and all sects , all schisms allowed , except the orthodox truth and ordinances of god. this reformation is written in letters of bloud , acted with the greatest cruelty , against not onely innocent , but deserving men , with calumnies , rapine , robbery , cruelty , that father , mother , and young ones , if they have not been starved with hunger and cold , have been exposed to extreamest indigency , contempt , and mockery . i dare to say , no persecution that ever was , can parallel this persecution , for impiety , injustice and cruelty . what heart bleedeth not to see these kingdoms , happy before , to the envy of other kingdoms and states , to be the mocking-stock of the world ; that the canaanite and perizzite rejoyceth to look upon our misery , to see the desolation standing in the holy place , and those kingdoms , of late the desire of all the earth , turned into an akeldama ; and no other fruit of this glorious reformation , but to kill christians for christ's sake , and to plunder for religions sake ? lord forgive them , for christ's sake , and remove our sins , and those fearful judgments : and i beg pardon of the reader for this digression or regret , which i have poured out with a sad heart , and wish them no worse than speedy repentance . for all we have said of this antichristian sovereignty , whereby the puritan and factious would exalt the presbytery and representative body above all that is called god ; let no man imagine that we ran to the other extreme , to privilege a king from the direction and just power of the church ; or that we would encourage him , or set him on , like vzziah , to intrude upon sacred actions , proper to ecclesiastical persons , ex vi ordinis , in direction by the word , administration of the sacraments : binding and loosing , in interiori foro conscientiae , or , in exteriori , by the spiritual censures annexed to the keys . sure i am , no pious or knowing king ( as blessed be god our sovereign is ) will by right of his crown , which he holdeth immediately of christ , usurp upon this ; but on the contrary , as a son of the church , will submit to the church his mother , or rather christ in church-men reconciling him to god. elsewhere ( by gods grace , if god give us life and leisure ) in a several treatise by it self , we intend to lay open this point . in sum , briefly we say , that men in sacred orders , in rebus purè spiritualibus , in things meerly and intrinsecally of themselves spiritual , have from christ immediately a directive and authoritative power , in order to all whatsoever , although ministerial onely , as related to christ : but this giveth them no coercive civil power over a prince , either per se , or per accidens , either primarie or secundarie ; either principaliter or consecutive , direct● or indirectè , simple or absolute , that either the one way or the other , directly or indirectly , absolutely or respectively by it self , or in ordine ad spiritualia , any or many in sacred orders , pope or presbytery , can convent , cite , censure , in case of defailance , supply , and in case of not obeying what god in scripture hath commanded , to covenant , associate , swear , and take sacrament upon it , to resist him , oppose him , and force him to submit to the scepter of christ. this power over man god almighty useth not , much less hath he given it to man : psal. . his people are a willing people . suadenda non cogenda religio , nihil minùs religionis quàm religionem cogere . nor doth that spiritual power which entirely we give to bishops , priests , and deacons , rob the king , as he is the nursing father of the church , of the power christ hath endowed him with , as a christian king , in externa gubernatione ecclesiae . we must not look on kings as on others of the flock of christ , although we may neither preach , nor administer the sacraments , nor bind , nor loose , nor give sacred orders , nor excommunicate , these are things only proper to priests , primi & secundi ordinis , of the first and second order and degree : yet the exercise of these things freely within his kingdom , what concerneth the decent and orderly doing of all , and what concerns externum hominem , by coactive power , or externam gubernationem ecclesiae , the external government of the church , in appointing the use of things , arbitrary and indifferent , and what else is of this strain , are so due to the prerogative of the crown , as that we must not rob him of it ; nor may the priest without highest rebellion against god intrench or usurp upon the king. a king in the state and church is a mixed person , not simply civil , but sacred too : they are not only professores fidei , professors of the truth , that they have in the capacity of a christian : but they are also propugnatores fidei , defenders of the faith ; which is proper to them in the capacity of a king. what is the meaning of that , that in scripture they are honoured with more than the stile of a son of the church ; they are called by isaiah , or rather god himself , the nurse-fathers of the church ? this is not to be so scantled , as if there were no more influence from kings upon the church , but by honour and riches ; other great men may and have done the like ; it is meant by some influence from their crown , their sword , their scepter . what meaneth that charge , psal. . , , . be wise , o ye kings , serve the lord with fear , kiss the son left he be angry , and ye perish from the way ; when his wrath is kindled but a little ? i will believe saint austin more than all the glorious pretended reformers of this happy reformation , or deformation rather , writing to boniface . quomodo enim ( saith he ) reges domino serviunt , nisi ea quae contra jussa domini fiunt religiosâ severitate prohibendo atque plectendo ? aliter n. servit quà homo est , aliter quà etiam rex est . quia homo est , ei servit fideliter vivendo : quia vero etiam rex est servit leges justa praecipientes , & contraria prohibentes convenienti vig●re sanciendo . sicut servivit ezechias , lucos , & templa idolorum , & excelsa quae contra praecepta dei fuerunt constructa destruendo . sicut servivit iosias talia & ipse faciendo . sicut servivit rex ninivitarum universam civitatem ad placandum dominum compellando . sicut servivit darius , idolum frangendum in potestatem danieli dando ▪ & inimicos ejus leonibus inferendo . sicut servivit nebuchadnezzar , de quo jam diximus omnes in regno suo positos à blasphemando deo legi terribili prohibende . in hoc ergo serviunt domino reges in quantum reges , cum ea faciunt ad serviendum illi quae non possunt facere nisi reges . the passage is plain , and hath more for the right of kings than iesuit or puritan will allow them ; who will have them to be ministri and executores , their servants to put in execution what they ordain and command . to make pope or presbytery , as the immediate vicegerents of christ , and to authorize them with a coactive , or a coercive power , to confirm their orders , to force him to repeal his own laws , and in case of defailance or refusal , after remonstrance is made , or supplication as they call it , although possibly presented on the point of a sword or pike , to stir up people against the lords anointed , to sedition , to rebellion , howsoever they deceive the simpler sort , to make them believe they dye martyrs , is truly the disgrace of religion , the highest of treasons against god and man , and to make poor people die traytors to both . if you make two sovereigns in one kingdom , independent one from another , there is no more peace or quiet to be expected , than was in rebecca's womb , whilst iacob and esau did strive for the prerogative of the first born . nay , if you make the sovereign and supreme managing of religion and religious affairs to depend upon , and properly belong either to any foreign power without the kingdom , as to the pope ; or to any power domestick within it , as to the presbytery or assembly , you commit and entrust to their managing the greatest and highest affairs of kingdom and state : and if you take from the king the regiment in religion , you take from him that , which in its own nature is the mainest , the chiefest , and most excellent thing in government , as may appear by what is subjoyned . religion is the base and bottom , on which all the steadiness and happiness of king and kingdom are seated . religio & timor dei solus est , qui custodit hominum inter se societatem : it is religion and the fear of god alone , which preserveth all society , and consequently king and kingdom : lactant. de ira dei , c. . religion is the base , and it is the cement too of all other societies ; besides this , plutarch saith , that religion is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that which bindeth all societies together , and giveth strength to all laws , religion , it hath a mighty influence upon laws , it worketh hearty , sincere , and compleat obedience . religion rightly ordered maketh the prince rule well , and people yield true , real , and perfect obedience : this made aristotle say , polit. l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the first care in policy should be that of religion and things divine . religion rightly ordered , is the preserver , nurse , and defence of the quiet of king and state. i say religion rightly order'd , for superstition is a mad and madding thing : seneca ep . . superstitio error insanus est . trismegistus saith , apud lactant. institut . lib. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , piety and the fear of god is the safety and only defence of all things . religion in sum is the only thing to make private and publick affairs to prosper . which thing being infallibly true , it must necessarily follow , that religion is the most important of all affairs of state and kingdom . how can it then subsist and consist with reason that the king shall have no more hand or power in religion , than to execute at the command of pope or presbytery ? to do it or do worse ? christ did never institute such a sovereignty in ecclesiastical persons , either pope or sectaries , independent from king and sovereign , with which they are invested with power from christ , from above immediately . if it were so , the pope or presbytery were in better condition than the king. the ecclesiastical sovereignty hath the souls in subjection , under no less sanction , than with assurance of salvation eternal , in case of obedience , and damnation eternal , in case of disobedience , and both of them to be extended both to soul and body . religion is seated in the soul , and is a mighty ruler there : the civil sovereignty holdeth only a dead dominion over the bodies . that sovereignty which hath the soul in subjection , the conscience at his devotion , must over-rule royal civil sovereignty , and shall be able at any time so to limit , weaken , lessen , yea disable it , that it shall be no more fearful abroad , nor glorious and powerful at home with it's subjects than the spiritual sovereignty shall permit . it is most true and consonant to our purpose , that cicero saith , orat. in verr. . omnes religione moventur , men are naturally swayed that way religion hangeth ; we may see it in the furious superstition of those distempers . it is not verified this day in our eyes , that a multitude vana religione capta , melius vatibus quam ducibus paret suis , misled with an erroneous religion , will obey and follow mad priests sooner than their lawful and religious prince : they will part with what is dearest to them , to advance their designs , their desires ; they will throw away their ear-rings to cast their molten calves ; they will not spare to sacrifice their children with the king of edom , or to cut themselves with knives like to the priests of baal . people thus madded , and set on edge by mad sectaries and sheba's , circumcellion-like will act all mischief , spare neither crown nor mitre , ephod● nor diadem , things sacred or civil ; fancying strongly with themselves that they fight the lord's battels , for religion , for liberty , and dying in rebellion as men raging in a feaver to dream they die martyrs , when they die traytors to god and to his anointed . diodorus sicul. lib. . cap. . relateth a story very apposite to this purpose , that the priests of iupiter in the island meroe compassed with the river nilus , by this sovereignty kept the people of aethiopia in so superstitious obedience , so absolute and blind dependance upon them , that at pleasure , they commanded the killing of the king by their own subjects , none of them daring to deny or delay to put in execution what the priests commanded : this continued long , till ergamenes a wise king of aethiopia , sensible of this damnable and impious extravagant sovereignty , waiting his opportunity , secretly surprized them all , priests and profession . we need not refer you to the g●erman writers , and italian , that you may see what mischiefs the popes unjust challenge of sovereignty above emperours , hath wrought in the world , nor to ioseph . lib. . de bell . iud. ca. . or to florus his slave , ennus by name , who pretending an immediate dependency from god wrought so much disturbance to rome in power , flor. lib. . cap. . nor need i refer you to the turkish annals to learn , what mischief upon this ground shacoen lis wrought : or to leo to read what mischief elmahel with the people of morocco , wrought against abraham their native king. see leo lib. . and if you will lib. . where you have the story , how upon this ground chenim mannal made the king of fess to quit to him the kingdom of to●osma : heathenish , turkish , jewish , christian stories witness that where a sovereignty religious , independent is erected within a kingdom , or without it , the temporal and civil must submit . we need not , i say , refer you to these stories , jewish , ethnish or turkish , we may see the doleful effects , this tenet with it's practice hath brought upon these kingdoms . the calamities which the authors and abettors of these paradoxes have brought upon us , and the present distemper and distress we are cast into , if they surpass not , certainly in their due proportion , are equal to those we have recorded in authentick story , were set on foot betwixt gregory the seventh , and henry the fourth ; betwixt innocent the fourth , and frederick ; betwixt boniface the eighth , and philip king of france . the puritan and presbytery by their independent ecclesiastical sovereignty will act as much mischief e're it be long , if god in mercy stop not the current of their fury and malice ; as in many ages past , the pope of rome hath done by his unjust and usurped tyranny over and above kings . it feareth me , the tragedies of munster and this time shall never be forgotten . let the christian reader , whose affection is right , and whose judgment is not perverted , judge how happy was our case when gods ordinance had place ; had power , prince and priest had their sacred due right , what plenty , peace , what happiness king and kingdoms did enjoy and rejoyce in . and on the other part , let him reflect his thoughts , and consider how since this sovereignty ecclesiastical hath been elsewhere erected , maintained ; how here a sovereignty civil , co-ordinate , collateral to royal sovereignty is set up . and withal let the judicious reader see how both the one and the other do concur to the destruction of episcopacy , to the lessening certainly , if not the total overthrowing of monarchy ; but differ extreamly in this sovereignty ecclesiastical , for in one kingdom the presbytery , the assembly is so sovereign , so independent in ecclesiastical and spiritual things , that it giveth laws , orders to the sovereign prince and parliament , and demandeth as due a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a confirmation of them , civil sanction , and execution upon refractories and delinquents . in the other , the co-ordinate power erected , over-ruleth , controuleth , and at pleasure directeth what they in their infallible judgment and answerable jurisdiction , judge orthodox in faith , right for the worship , and orderly for canons of government . the last medleth in spiritualibus , in things meerly spiritual and ecclesiastical , in ordine ad civilia , in order to the laws and liberties of the kingdoms . the other hath so enlarged its jurisdiction and sovereignty ecclesiastical , that it trencheth upon and medleth with things meerly civil , but in ordine ad spiritualia as related to religion and the church . both the one and the other are of equal extent , for this in ordine ad civilia , on the one part , and in ordine ad spiritualia on the other , are such relative and respective terms and distinctions as can admit , and authorise church-men to do , act , and meddle in matters of state of highest concernment ; and lay-men again , to do the like in things most spiritual , and by divine right , reserved for men in sacred orders . so long as such tenets are maintained , & with practices accordingly strengthened , we cannot expect god's blessing on church or state. to both the one and the other god may justly say , quis haec requisivit à vobis ? who hath required these things of your hands ? and where god's ordinance is not , and his own ordinance is infringed , that men intrude upon that is not their right , or usurp upon sacred right , his blessing is not to be expected . again , we aver confidently , till this babel be beat down , there will never be peace nor quiet in church or kingdom , nor shall private men enjoy the fruits of their labours in peace . if this co-ordinate , usurped , and new-fancied sovereignty usurp so much upon god and the churches right , we shall become a mocking stock to the roman church : if the other independent , ecclesiastical sovereignty obtain , it is not to be doubted but that immunity ecclesiastical of sacred persons and their goods shall not only be established , but also raised to a higher strain and pitch than romanists do claim it . this i say cannot but undoubtedly follow upon their principles and practices , if there were not some hope , that those creatures whom god never made , and christ never instituted , lay elders i mean , oppose not and retard the course , who are invested with sacred power , to determine truth in controversies and mysteries of highest concernment in councels ; to establish canons ; to prescribe a form of worship , a catechism ; to have the power of the keys in all censures ecclesiastical : in sum , in all things ecclesiastical to have no less power , no less a voice not only deliberativè but decisivè than priests or ministers as they are pleased to call them ; these lay elders are debarred from nothing , but only publick preaching , and administration of the sacraments , baptism , and the eucharist ; it is expected if the independent ministery , another head of this hydra become the prevalent part , they will justle the presbyterian out of this , and restore all the laity , who in their divinity are no less the lords anointed than prince , priest , or prophet . there is some hope , i say that these lay elders , a non ens in scripture , and never known to antiquity , will curb them , that they shall not have way for such a vast immunity , finding already by sad and feeling experience what a measure of patience is required to bear their insolency , and what prudence is necessary to disappoint their ambitious and pragmatical ends . there is enough said to lay open the weakness and wickedness of this antichristian tenet , that kings are god's , but not christ's vicegerents . they cry out much against the pope , to whom they do better service than they are aware of , ( i pray god they were as real and true enemies to popery , as moderate and orthodox protestants are , whom the pope feareth more than them , and with just reason ) and seeing i have not much hope that what is said will work much upon them , let me tell them that in their tenet and practice they are worse than the good popes were , and i dare say , all to gregory the great ( hear it from his mouth , and startle not at it , he was a better christian than any of your sect or sectaries ) thus he writeth , lib. . epist. . to maurice the emperour , dominus meus fuisti , quando adhuc dominus omnium non eras : ecce pro me respondebit christus , dicens , ego te de notario countem excubitorum ; de comite caesaerem ; de caesare imperatorem feci . sacerdotes meos manui tue commisi , & tu à servitio meo milites tuos substrahis : ego quidem jussioni vestrae subjectus legem vestram per divers as terrarum partes transmitti feci . et quia lex ipsa omnipotenti deo minimè concordat ; ecce per suggestionis meae paginam serenissimis dominis nuntiavi ; utrobique ergo quae debui exolvi , qui & imperatori obedientiam praebui , & pro deo quod sensi minimè tacjii . and in another epistle written to theodor. epist. . he saith , valdè mihi durum videtur , ut ab ejus servitio milites suos substrahat , qui & ei omnia tribuit , & dominari non solum militibus , sed etiam sacerdotibus concessit . maurice was no bad emperour , and gregory certainly was a good bishop ; yet maurice had commanded that none serving in his wars , or any officer whatsoever accountant unto him , should be admitted either to sacred orders , or a religious monastical life , without his special warrant . reason may plead for the equity of this charge , because by the bounty and beneficence of christian emperours , men in sacred orders , and religious persons , had admirable priviledges , which might make his armies weak by flying to sacred orders and religious life , and exempt accountants from doing what was due in civil justice , ex indulto imperatorum , not ex jure divino , by the gratuite concession of princes , and no direct warrant from god or his word . whatever this was in it self which maurice commanded gregory to keep , and to intimate to all his suffragan bishops , and to be published in all churches within the verge of his jurisdiction ; certain it is , in st. gregory's judgment it was unlawful and sinful , for he saith , lex ipsa omnipotenti deo minimè concordat : and again , valdè durum mihi videtur ; yet what did he ? he made this ordinance of the emperour 's to be published throughout all his churches ; here is obedience : and although it did belong properly and peculiarly to him as bishop , to admit any qualified by god almighty to sacred orders ; he submits to the restraining ordinance of sovereign authority , and i am confident did not transgress . he pleadeth for no immunity to any sacred person in sacred orders ; nay , he bringeth in christ himself , saying , sacerdotes meos manui tuae commisi ; i have committed to thy trust , to thy power , my priests : and in this case which is spiritual enough , and necessary enough for ought i can conceive , at least that part of it , of admitting of able men to sacred orders , he humbly obeys ; he pleads not that he was christ's vicegerent , and maurice only go●'s ; he objects not vzzia's attempt to sacrifice ; he ●onfesseth , or rather bringeth in christ , speaking thus , he calls him not onely his lord , but dominus omnium , the lord of all , without restraint ; he averreth that not onely he had by god dominion over souldiers , but over all sacred persons in sacred functions : ei omnia tribuit , & dominari non solùm militibus sed etiam sacerdotibus concessit . he knew no remedy else but per suggestionis paginam , by humble supplication , submiss admonition , to tell the emperour it was not right ; he professed his obedience , and that not by compulsion , an extorted , a coacted one , quod debui exolvi , impera●ori obedientiam praebui ; as he was bound , he obeyed ; and for his humble remonstrance , he speaketh no less rightly than modestly , et pro deo quod sensi minimè tacui : he knew no more lay upon him than in humility and submiss freedom with reverence to tell and admonish what he thought fit . the poor man knew not that as christ's vicegerent , in christ's kingdom , he was to oppose , to supplicate , petition , and if there were not a recalling , a repealing of the imperial edict , that they might excite the people to covenant , swear , and at last to present a petition upon the point of a pike , by right as he was christ's vicegerent . this holy man knew not this divinity , it was never heard of in his age , nor any since the world began , it sprang not up till many ages after , that that malicious one did sow popple among the good wheat of christ's field ; for a thousand years after christ , the independent sovereignty ecclesiastical of the pope was never known in the christian church . the presbyterian sovereignty not ●till fifteen hundred and above were run out . the parochian pope , or independent sovereign in every parish , christ's vicegerent , except almighty god right in mercy what is disjoynted in church and state , is like to put the presbyterian and pope out of doors . i may add a world of testimonies of the fathers , who expresly call kings christs vicegerents upon earth . athanasius in the sermon of the blessed virgin ( explaining that of the psalm , et regnabit in domo iacob , in aeternum , & regni ejus non erit finis : and he shall reign in the house of iacob for ever , and of his kingdom there shall be no end ) saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . christ therefore receiving the throne of david , hath translated it , and hath given it to the sacred kings of christians . in st. athanasius his mind christian kings are christ's vicegerents , and sit deputies upon his throne . take the suffrage of many together , all the fathers of the councel of arminium , writing to constantius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which relative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 referreth to the antecedent iesus christ ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ the sense is , by christ thou reignest , and hast dominion over all the world. liberius speaketh thus to constantius the emperour ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . all know that constantius was an arrian , a great persecutor of the orthodox ▪ who maintained the deity of christ. liberius writing to him , admonisheth him not to fight against christ , who had given him the empire , nor to be so unthankful unto him , as to be impious against him . seeing then that scripture , antiquity , and reason stand for this truth , that kings are christ's vicegerents upon earth , let us not be deceived with the no less fond , than new devised distinction of our novators and sectaries , who by differencing betwixt god's vicegerents upon earth , and christ's vicegerents upon earth , intend nothing else but to throw down-crowns and royal diadems , and lay them at the foot of presbytery and assembly , and to set up a tribunal of their own , a sovereignty ecclesiastical to domineer over all powers else whatsoever . i wish they would here remember that passage which otherwise and in another case they pervert and abuse sufficiently , matth. . , . princes of the gentiles exercise dominion over them , and they that are great exercise authority upon them ; but it shall not be so among you . or that of st. bernard to eugenius the pope , indicitur ministerium , interdicitur ministerium . let any who will duly consider what enormous , extravagant sovereignty hath been acted by the presbytery , how much the intrinsecal right of sovereignty hath been restrained and lessened , and it feareth me , you will hardly find so much acted by all the popes since hildebrand's time , as by them in this short space . i leave this , and come in the next place to prove by the testimony of fathers , that kings are not the derivatives of the people . chap. vi. that the king is solely dependent from god and christ , and independent from all others , is proved by the suffrages of the holy fathers . the holy fathers and martyrs in the prior and purer age of the church knew no other doctrine ; they spake no other language . we begin with clemens romanus , constit. l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ fear or honour the king , knowing that he is ordained or constituted by the lord. it may be it will be told us , this is a spurious clemens , and not the genuine that was bishop of rome ; and if we alledge ignatius , it is to be feared he 'll fare no better , for a great scholar but no great divine hath very now rejected all we have of him . i will therefore give some testimonies from such against whom this exception lyeth not . see irenaeus , lib. . advers . haeres . c. . where at large he proveth , that kingdoms are not of the devil , but that all kings relate to god as to their first and immediate origine , donor , author ; adduceth some of the pregnant testimonies of scripture which we have alledged before , giveth the devil a lye , who durst to challenge to himself the right to dispose of all kingdoms , luke . . our new anti-monarchical statists had need to consider this , and whose children they make the people , to whom they gave the right and power to dispose of kings and kingdoms at pleasure . s. irenaeus is so zealous , so fervent of god and the king 's right and prerogative , that he will not admit the good and heavenly angels to this honour ; nor will he admit that saint paul's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , rom. . , . higher powers , are angelical , but that the apostle meant it de his ( a clear and full commentary to st. peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ep. . . ) quae secundum homines sunt potestates , of humane and royal sovereignty . to this add , that the father in the place alledged , armeth kings with entire sovereignty , and that necessarily to restrain the corruption of man : where he also expresseth the infinite good cometh to mankind by government ; and leaveth sovereigns delinquents to the iudgment and tribunal of god. all these points you will find by the father , where , amongst other things to our purpose , he saith most appositely and pregnantly , cujus enim jussu nascuntur homines ; hujus jussu & reges constituuntur , apti his qui in illo tempore ab ipsis regnantur . quidam enim illorum ad correctionem & utilitatem subjectorum dantur , & conservationem iustitiae : quidam autem ad timorem , poenam & increpationem ; quidam autem ad illusionem & contumeliam , & superbiam , quemadmodum & digni sunt dei ●us●o judicio , &c. this place is certa sedes dogmatis & sententiae patris , a proper place from which we may draw warrantably the fathers tenet , concerning the author and donor of sovereignty . here the holy father is proving , that the devil is not the author of kings and sovereign power , he referreth all to god the immediate author and origine of royalty . if the church of christ at this time , and he with it , had believed with our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , opposers of monarchy , that all power was radically , primarily , and independently inherent in people , and from them derived to kings , this was a fit place to express it ; and we see he knew no more , but cujus jussu nascuntur homines , hujus jussu & reges constituuntur , &c. and it is worthy of our notice taking , that god maketh and sendeth kings , as in his wise providence he thinketh for the punishment of our sins , or in his mercy and bounty to bless us when we walk in his ways . tertullian speaketh in the same idiome , writing ad scapulam , he saith , christianus nullius est hostis , nedum imperatoris : quem sciens à deo constitui , necesse est ut & ipsum diligat , revereatur & honoret , & salvum velit cu●●toto imperio , quousque saeculum stabit tamdiu etiam stabit ▪ colimus ergo imperatorem sic quomodo & nobis licet & ipsi expedit , ut hominem à deo secundum , & quicquid est 〈◊〉 deo constitutum , solo deo minorem . hoc & ipse volet , 〈◊〉 e●im omnibus major est dum solo vero deo minor est . the sense of it is , a christian is enemy to none , much less to king and emperour , whom he knoweth to be of gods constitution , and so is necessarily bound to love , reverence , and honour him , to whom with his empire he wisheth all safety ; for when that perisheth , it is like the world will be at an end : we honour the emperour therefore so much as we are allowed by gods law , and as much as is expedient for him , as the man who is next to god himself : ( tertullian had not learned in those times that the emperour or king was vniversis minor ) and whatsoever he was reduplicativè , by reduplication as emperour , he was such a one by gods donation and collation , and was and is inferiour to none , to any , or many , but to god alone . this divinity of the ancient church is point blank opposite to the divinity of these latter times . turn to him again in his apologetick , against the gentiles , cap. . where he saith , nos enim pro salute aeterna deum vocamus aeternum , deum verum , deum vivum ; quam & ipsi imperatores propitium sibi propter caeteros mallent . sciunt quis illis dederit imperium ; sciunt qui homines , qui & animas : sentiunt enim deum esse solum , in cujus solius sunt potestate , à quo sunt secundi , post quem primi ante omnes . — inde est imperator , unde & homo antequam imperator , inde potestas illi , unde & spiritus . what can be more emphatically spoken ? god , in tertullians divinity , is no less immediate author and creator of sovereignty , than of the soul of man. in preeminence they are next to god , above all ; their authority subordinate too , co-ordinate with none . rex qua rex reduplicativè , a king as king essentially hath no constituent but only the king of heaven . kings are solely and entirely reserved to the judgment , to the tribunal of almighty god. it feareth me , if tertullian were living now a-days , he would be traduced as a court-parasite . optatus bishop of milivis was of the same faith. he writeth ● lib. . contr . parmen . super imperatorem non est nisi solus deus qui fert imperatorem : quot verba , tot argumenta ; a short , a most powerful expression . there is none above the emperour , the king , but god alone ; not any , not many ; not the diffusive , the collective , the representative , the virtual body ; the reason is in natural reason strong , almighty god only hath made him emperour , made him king. athanasius his suffrage and testimony you have before , cap. . and with him you have hosius in epist. ad solit. vit . agent . writing and averring constantly , confidently , to constantius an arrian emperour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; god hath given to thee the kingdom , the sovereignty . if you will have athanasius alone , take his testimony from his own mouth , in his apology to constantius ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but thanks to the lord who gave to thee the empire . saint chrysostom lived and died in the same faith. you may read him tom. . according to sir henry savil's edition , orat. . orat. . to the people of antioch : there at that time he was presbyter , when by a tumultuary uproar the statues of theodosius were broke , and reproachfully-abused . the holy man after a most passionate and plentiful regret , expresseth the riot thus ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that it was a wound so open that no hand could cure it . then exhorteth all with iob to sit upon the dung-hill , to mourn that they were left to themselves to fall into so high a transgression : o! what expressions ? what exclamations ? what regrets had been by that holy father , if he had seen what we see to day , and heard what we hear ! he subjoyneth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he the emperour , who is so reproachfully abused , hath none upon earth comparable to him in honour . he is the head , nay , if any thing be imaginable that can be higher than the head , he is apex , vertex , the top of the head , the crown , and that not of one , every one , any or many , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all upon earth . saint hierom homologates and confirms what they say commenting upon dan. . upon these words , he changeth times and seasons , &c. non ergo miremur , saith he , si quando cernimus , & regibus reges , & regnis regna succedere , quae dei gubernantur , & mutantur , & finiuntur arbitrio , causasque singulorum novit ille , qui conditor omnium est , & saepè malos reges patitur suscitari , ut mali malos puniant . saint hierom ' s mind is fully this , that kings and kingdoms have their constitution , change , and destitution by the sole royal pleasure of god. and that in all , he is no less the author than he is creator of all . finally , that not only good kings are of god's making , but bad kings too , and that to punish our sins . no man hath spoken more home than saint augustine , look upon him l. . de civit. dei , c. . deus ille felicitatis author , quia solus verus deus est , ipse dat regna terrena bonis & malis . neque hoc temerè , quasi fortuitò , quia deus est , non fortunà , sed pro rerum ordine & tempore , occulto nobis , notissimo sibi . in which passage st. austin vindicates the making of kings absolutely to god , by a reason unanswerable , quia solus verus deus est ; because he alone is the true god. the meaning is , you may as well deny him to be the only true god , as rob him of this prerogative of making kings ; and in his sense , he or they that assume this power to themselves , intrude sacrilegiously upon god's right . he amplifieth this , shewing kings are not casual by hap-hazard , but causal , god in his wise and unsearchable providence sending bad or good kings according to the exigence of time and the people , to bless or punish . he resolves all in a docta ignorantia , a mysterious way , that howsoever we cannot reach the way nor find the reason , why it is so , yet is well known to god , to which we are religiously to submit , and not curiously and presumptuously to enquire . turn to him again , l. . de civ . dei , c. . non tribuamus dandi regni atque imperii potestatem nisi vero deo — ille igitur unus verus deus qui nec judicio nec adjutorio deserit genus humanum ; quando velit & quantum voluit romanis regnum dedit : qui dedit assyriis , vel etiam persis ; qui mario , ipse caio caesari ; qui augusto , ipse & ▪ neroni ; qui vespasiano vel patri vel filio suavissimis imperatoribus , ipse & domitiano crudelissimo ; & ne per singulos ire necesse sit , qui constantino christiano ipse apostatae iuliano . — hoc planè deus unus verus regit & gubernat ut placet . a passage able to stop the devil's mouth : observe in it first , that saint augustine will not admit that kings and kingdoms are derived from pope , presbytery , or people , but of him alone who i● deus verus unus , the true and only god. . next , that he will admit no more search , but to be content with his placet , will to give it to whom he will , an● in what extent for power and time he will. thirdly , in saint austin's mind this is not only verified of the iewish kings , but of the assyrian , persian , roman , and all others besides . fourthly , saint austin knew not this new devised quirk of potestas in abstracto , & ●oncreto , of power abstractly considered from the person in which it is fixed , but in concreto , he averreth that both the power and person invested with the power are of god. fifthly , it is worth our notice taking , that the holy father specifieth only empire and monarchy . sixthly , the extent is most observable , this conclusion or maxim of saint austin's holds well , of all kings whatsoever they be , heathen , or jewish , or christian ; if christian , bad or good , sound in the faith or hereticks ; if heathen , whether good moral men or persecutors . see and consider , how wisely and fitly he makes a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a coupling together ; . of marius and caius caesar. . of augustus and nero , flavius the father , and titus the son with domitian . . of constantine the sound christian ; and iulian the apostate . seventhly , lastly , it 〈◊〉 ●ost observable that he will have all of all sorts to be entirely given to god , non tribuamus nisi vero deo dandi regni atque imperii potestatem . this non nisi vero deo , admits no sharer no copartner . he is not content to say it once , but resumeth it again , and with an emphasis , a greater strength of expression , haec planè deus unus verus regit , gubernat ut placet . it is unus verus deus , and the way of bestowing ut placet . this holy father is most plentiful for this truth , for brevities sake , i refer you to his . tom. epist. . ad maced . and to his . tractat. upon st. iohn's gospel , tom. . & passim . the ancient popes and bishops of rome , lived and died in this faith. see anastasius epist. unic . ad anastas . imperat. liberius's testimony is above cited . symmachus , writing to anastasius the emperour , saith , memento te hominem esse , ut possis rectè uti concessa tibi divinitus potestate , remember ( saith the holy bishop ) that thou art but a man , that thou mayst use aright that power which god hath given thee . leo in his epistle to leo the emperour , which in the tomes of the councels is . magnum erg● vobis est ut diademati vestro de manu domini addatur corona fidei , & de hostibus ecclesiae triumphetis , &c. leo knew no better , but that his temporal diadem was no less set upon his head by the hand of god immediately , than the crown of faith , and that god made him to triumph over the enemies of the church ; yet because a cavelling spirit , such as our sectaries are inspired with , may cloud this passage by an amphibolous construction , i gave you a plain one epist. . writing to pulcheria the empress , where he saith , sicuti spiritu sancto didicistis , illi per omnia potestatem vestram subjicitis , cujus munere & protectione regnatis . saint leo knew not that there was any co-ordinate power with the emperour , he knew he was solely and immediately subordinate to god , to whom he ought of due to submit and subject himself , and that with good reason , because by his immediate gift and collation he had the empire , and by his power was protected in his government . the holy bishop raiseth this so high , as to intimate it is a doctrine taught by the holy spirit ; let the world and good men judge then , what spirit teacheth the different or contrary doctrine . stephanus the sixth writing to basilius the emperour , saith , that he carried the image of christ himself upon earth , vide baron . tom. . anno . n. . it is like enough the church then did not stand to call emperours christ's vicegerents . in brief , in sum , was it not the usual benediction the holy popes of rome used , writing to emperours and kings , to wish to them grace , all health and happiness , in eo per quem reges regnant , in god , and by god , by whom kings onely reign ? it were easie for us to adduce numbers of councels to prove this truth . the councel of toledo , tolet. . c. . nefas est in dubium ejus deducere potestatem , cui omnium gubernatio supremo constat delegata judicio : it is an impious thing and unlawful , to call in question his power , to whom to rule over all is by divine judgment and decree collated . amongst the councels of paris you have one , which after that it hath produced many testimonies of scripture , and namely some of those we cited above , to prove the immediate constitution of kings by almighty god , concludeth thus ; constat ergo quia non actu , non voto , neque brachio fortitudinis humanae , sed virtute , imò occulto judicio dispositionis divinae regnum confertur terrenum . this expression is worthy to be set in letters of gold : the fathers there met together will not have the coming at kingdoms to be from any act humane , any desire or endeavour humane , any power humane ; but from the power of god , and the wise , the secret disposing of god in his over-ruling providence . if it could add any thing to what is said , we might have a cloud of witnesses of humane and heathen writers , who have been more consonant to sound divinity in this tenet than puritan or jesuit , or our new sectaries . they never imagined majesty to be of so low a birth as to be begotten of any thing below ; see ovid. fast. lib. . homer calls all kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . iupiter is little enough in his conceit to be their nurse-father . plautus termeth all kings humanos ioves . plutarch not unlike saint paul in this , calleth the king , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the minister of god , not the servant of the people . elsewhere he is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the living image of god upon earth ; the image of his power , his wisdom , his sovereignty ; dio lib. . of a king speaketh thus ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . dio knew no subordination to any or many , he did think a king was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and that over himself , and all , and controulable by no law ; that he was not to be called to an account by men . because i value not these testimonies at that rate , as to sway the judgment , where better proofs are not from holy scripture and church , leaving them , and having sufficiently , by authority sacred and ecclesiastical , proved our conclusion , and overthrown the principle of jesuit and puritan , i come to see whether reason pleadeth more for them or for us . chap. vii . that the government of mankind is established by god , and is necessary de jure naturae , is proved by reason , against those that hold , that all government is arbitrary , of the voluntary constitution and composition of men . the jesuit doth willingly acknowledge , that government , in thesi , in genere , in its abstract and generical conception is de jure divino , de jure naturae , is by god's establishment , and by the necessary and uncontroulable dictate of nature , howsoever it is as true , that they hold 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in specie , that the specification of the government , or restraint to monarchy , aristocracie , democracie , or a mixed government of these , if it be imaginable or possible , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by humane constitution . some in these distempered times have gone a little more wide in errour than the jesuit , averring that a difference of superiour and inferiour is an herauldry unknown to nature and the gospel , solely and simply introduced by the constitution and composition of man. we will therefore by god's grace prove , that government is de jure naturae , necessary by god's established ordinance ; in debate of which , we are confident it will appear , that sovereign authority , whether it be fixed in one , as in monarchy ; or some few of the better sort , as in aristocracy ; or in many , as in democracy ; is derived from god immediately , and referreth to him as its proper efficient and constituent . that god is the author of all government amongst his creatures , and especially of the government of mankind , appeareth by reason . . the same who is the author of all creatures in their being and existence , must be the author of their subsistence and preservation in that being and existence . it is an infallible maxim in the schools , in nature , in scripture ; qui dat esse , dat & conservare : he that giveth being is the same that preserveth the being . creation 〈◊〉 begun conservation , and conservation is a continued creation : we assume , things made existent by creation , cannot subsist and have continuance , but by order , by government ; from whence naturally it followeth , god must be the author of this order and government , and consequently hath not left it arbitrary to man by composition and consent to do it . authority strengtheneth this reason . saint augustine writing against faustus , saith , aeternâ lege juberi , ut ordo naturalis conservetur ; it is not arbitrary ( in st. austin's mind ) to man whether government or not ; for what is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by humane constitution , if we will believe the prince of philosophers , is arbitrary ; but in his judgment jubetur , it is jussum , a commanded , a necessary thing ; and that aeternâ lege , by an inevitable irrepealable ordinance , which nothing temporary can make void . but what is this i pray you ? the holy father telleth you , vt ordo natu●alis conservetur , that the order god in nature hath established be preserved and conserved . if this come not home enough , take it with a full commentary from anselme , who lived long after him , and in whose days this tenet lived in vigor : upon cor. . he saith , omnibus notum sit nullum principum , nullámque potestatem & virtutem , sive coelestium , sive terrestrium , per se habuisse aliquid principatus , vel potestatis , aut virtutis , sed ab illo à quo sunt omnia , non sol●m ut sint , sed etiam ut ordinata sint : be it known to all men , saith the holy man , that none invested with sovereignty , dominion , or power , hath either principality , or dominion , or power by himself , but solely from him by whom they have not only their being in nature , but also to be so order'd for their better being and preservation by order . if saint austin's first passage above cited be not clear enough , full enough , hear him speak for himself , lib. . confess . cap. . generale pactum est societatis humanae obedire regibus suis : it is a natural , a general , a universal compact , covenant of humane society to obey their kings . in the fathers dialect , generale pactum is the dictate of nature , and he that disclaimeth ius naturae , the dictate of nature , to be ius divinum , the law and ordinance of god , hath made a divorce●betwixt himself , and nature , and reason , and sound divinity . it is observable , that he saith this generale pactum , this ordinance of nature is obedire regibus suis , to obey their kings : i beg the favour that our sectaries will shew as much for aristocracy or democracy , or any other imaginable spece of government . the strength of this argument is more seen , if you consider this ; if god almighty be not as much the author of the order of the government of mankind , as he is the creator of man and mankind ; then almighty god hath not perfected his good work entirely to , or towards man and mankind , and hath left man in a worse condition than all other his creatures in the vniverse besides . the consequence is necessary ; for it was not sufficient nor conformable to the wisdom and goodness of god to make man the little world , the abridgment of the perfections of all creatures , except he provided by his wisdom , power , and goodness , how he should be continued and preserved in being and happiness : but this without order and government is neither imaginable , nor really possible . these two are indivisibly , inseparably given to god in scripture . he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; the creator of all things , and vpholder of all things : heb. . , . as all things are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of him , so all things are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by him : rom. . vers . ult . gen. . . thus the heaven and the earth were perfected , and all the host of them . perfecti sunt coeli & terra , & omnes exercitus eorum , saith the old interpreter . this , that all the creatures were very good , gen. . . and that all were perfected , gen. . . importeth not only that all in the bounty of god were created in their specific and individual natures good in themselves , but also that by the decree and ordinance of god were established to continue and to be preserved thus . but no subsistence , no continuance without order and government , reason , sense , experience , evidence it , confirm it nor is authority wanting ; greg. nazianzen orat. de moderat● 〈◊〉 disput . serv. saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , order , government , is the mother , the nurse , the establisher of all things ; saint paul , philip . . ●ntimateth , that without order the sted●astness of faith cannot be ; he rejoyced to behold their order , and the stedfastness of faith. first , order ; then stedfastness of faith ; without order , then no stedfastness in faith , and consequently no faith. to return to our point , that the establishment of order and government is no less the immediate work of god than the creation of all . see psal. . where the psalmist exhorting or exciting all the creatures to serve god ; giveth the reason , vers . , . for he commanded and they were created . he hath also established them for ever , he hath made a decree that shall not pass . do we not see all the creatures established in a subordination one to another ? see we not in the lifeless and senseless creatures that the inferiour giveth a tacite reverence , and silent obedience to the superiour ? see we not upon the other part , that the superiour creature hath a powerful and effectual influence upon the inferiour to its good and being , without which it could neither subsist , nor act what is fitting and convenient to its nature ? in this subordination , do we not see that from the lowest we ascend to a superiour , from one superiour to another , till at last we come to one supream , which receiveth nothing to better it from any inferiour at all , but only due reverence and obedience , and notwithstanding hath a powerful and benign influence upon all beneath it ? from whence i pray you , is this , but from the sacred and inviolable god of nature ? the impartial may judge how much this pleadeth for the excellency of monarchy ; and how like it is to that order god hath established in the vniverse . look up to heaven , consider those blessed and happy angels in the heavens ; is there not there this established order , with this subordination , and probably is consummated at last in an excellent one , supereminent to all ? for this i will not contentiously contend , order and superiority with inferiority , i am confident no intelligent moderate divine will deny . how can it then be conceived , that god hath left it to the simple consent and composition of man , to make and establish a herauldry of sub and supra , of one above another , which neither nature nor the gospel doth warrant ? to leave it thus arbitrary , that upon this presupposed principle , mankind may be without government at all ; which paradox cannot be maintained , seeing without order ( which naturally and intrinsecally includeth in it a priority and posteriority , a superiority and inferiority , a sub and supra ) neither being nor happy being can be preserved ; which happiness is more requisite for man , by that he is a rational creature , and more necessary for us here , than for the intellectual spirits of angels in heaven , who have the presence and direction of almighty god , in whose presence they stand , and whose commands they expect and perform . nor is it probable to my poor thinking , that when god almighty in the government of all things under the cope of heaven , ( i mean bodily ) hath made the superiour to have by his established ordinance a native inherent superiority , with a powerful and benign influence upon its ●nferiour , which is no ways derived from the inferiour by communication , in what proportion it will , and resumable upon such exigents as the inferiour listeth , hath left to the multitude the community , the collective , the representative or virtual body , to derive from it self , and communicate sovereignty , whether in one , or few , or more in that measure and proportion pleaseth them , which they may resume at pleasure , at least in such exigent cases , which sometimes really may be , but oftner are fancyed to be such : because upon these grounds presupposed , reverence and obedience cannot but be uncertain , and the sovereign disabled from giving and communicating that influence which is necessary for the preservation of all and every inferiour . i humbly entreat those who are contrary minded , to consider seriously , how almighty god in the creation of man , before the woman was made of him , and for him , and before he had any child or subject to govern , fixed authority and power for government in the person of adam . this to aver , that government was fixed in a governour before he had over whom he was to bear rule , is no paradox in philosophy , ( if i pleased to insist philosophically to clear it ) nor a more strange thing to consider , than when a posthumus , one born after the death of his father , by right inheriteth his fathers honour and revenues . is it not very considerable that god did not make evah of the earth as he did adam , but made her of the man ; and declareth too , made her for man ? it is more than probable then , god in his wisdom did not think it fit ( that he was able to do it i hope none dare to deny ) to make two independents , and liked best of all governments of mankind , the sovereignty of one , and that with that extent , that both wife and posterity should submit and subject themselves to him . if adam had not fallen , divines doubt not but government had been . government without subordination is not conceivable , nor subordination without the real relations of superiority and inferiority . it is not to be controverted , if adam had never fallen , aristocracy or democracy , or mixed government had never been existent or apparent in the world . what spece of government had been then , i pray you tell me it ? et eris mihi magnus apollo ; if then in statu instituto , in the state of innocency and perfection god almighty did establish government , and fix it in adam before his wife was created , or a subject born , is it not by this evident that god judged it in his wisdom , better that neither woman nor posterity should be , than that one should not be to rule all ? the argument concludes à minori ad majus , from the less to the more ; if it was necessary in the state of innocency to establish it thus by gods own decree , how much more in statu p●ccati , in our decayed and corrupted state by sin ? and yet more to assure us , that this sovereignty was not personally fixed in adam , nor that it was lost by adam's fall , or that the state of sin requireth as more convenient for it , another spece of government by more than one ; after the fall it is declared transmissible from adam to the first-born , gen. . sub te erit appetitus ejus , & dominaberis ei . let any man judge then whether or not with reason it can be said , that this establishment of sub and supra , subject and sovereign , be the onely constitution of man. and withal by the way , let any indifferent man judge what may be said for monarchy , its excellency and conveniency above other species of government ; of which anon , quest. . yet for all this let none misconstrue me , as though i condemn aristocracy and democracy as unlawful governments . i am certainly assured , that when the apostle said , the powers that be are ordained of god , rom. . . and the emphasis , the force of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is authoritativè , ( as we told before ) he recalleth us to the first order and establishment of almighty god mentioned in scripture . and by this we may be led on to consider how monarchia fundatur in paterno jure , how monarchy is founded in paternal sovereignty ; and the best way to find out jura majestatis , the sovereign's prerogative , is to consider well what in scripture , what in nature , we find to be the true and natural right of a father ; onely probably , because of mans corruption and untowardness by reason of sin , it is like god hath allowed more to sovereign power to enable and secure it . again , to enlarge our selves a little more to clear this point , seeing it is possible , nay , not onely possibly , but actually it hath fallen out so , that because of mens sins , and by gods judgments following sin , a multitude may be divided from their natural sovereign , be dispersed by a war , a persecution , or some other necessity imaginable , and yet meet in a strange land , or some territory not inhabited ; this case presupposed , i demand , whether or not this populus inconditus would not condescend presently and necessarily to some sovereign power to govern and protect them ? who can deny it ? again , if all these were descended from one , or sprung up from one root , and their common father were with them , would nature , equity and humanity necessitate them to submit to him ; and that from him it should be hereditarily transmitted to his first-born , and so forward ? who doubteth of this ? well : i change the case , take them not onely as inconditus populus , a disordered people , ( which is conceivable where a head is ) but as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , without one common ruler ; that is , when they are a farrago naetionum , and diversarum familiarum , a confused mixture of more nations , more families , when they have not one common father . if they condescend that one shall have sovereign power over all , and so by consent shall be surrogated in the place of the common father , and that this sovereignty shall be transmitted to his eldest son , and so forth . from whence is this power ? necessity forceth them to a government , ( without it they can have neither society , nor safety , nor peace , nor happiness ) but all their part is onely to design or declare the man , which is onely potestas designativa , potestas deputativa , but the power is onely from almighty god the potestas collativa , the authority , the sovereignty is of god , from god , god's . the reason is evident , the substitute must have it by the same hand , by the same means he had it , in whose place he was substituted . by what is said he cometh in the place of a common father , and the father's right is immediately from god , and of god. i am ashamed to resume again that the apostle saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the eminent powers that be , are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ordinances , the authoritative establishments of god , no less than the authority of a father above his son , or of a wife above her husband , is of god , and from god immediately , and do not refer to the wife or children , as their immediate donor and author . god hath spoken once , twice have i heard it , that power belongeth to the lord : psal. . . if you love to hear st. chrysostom speak , read his words in a proper place upon rom. . where he saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the sum and sense of all is this : because paritie in honour and power always worketh war and contention , god to prevent this mischief , hath ordained many kinds of powers , and as many kinds of subjections , as the man to have power over his wife , a father to have power over the son , a king to rule , and subjects to obey : and this is not only apparent amongst men , but also in the very body of every man , where some members are superiour to other in worth and power , to command the inferiour : this established order hath place amongst irrational creatures ; as bees and cranes do follow one , flocks and herds do the same . in the sea this is to be seen , where many fishes do follow one as king , war with him against others , and go following him to places far distant from home . anarchy , the want of order and government , is altogether and always evil , the mother and cause of all confusion and mischief . the result of all is , government is necessary , as for the subsistence of all creatures , so especially for the good and comfortable society of men . this is not left arbitrary to men , but is by the inviolable ordinance of god established . now if it fall forth so , that a multitude disordered , dispersed by any unavoidable necessity , be without government , nature over-ruled by gods inviolable ordinance forceth them to submit and subject to some to govern them , and to have sovereignty over them , whether they resolve upon one , upon some few , or many : the designation of the person , or persons , is from this disordered rout , but it is god who investeth them with the sovereign power . we clear it thus : as , posito generationis fundamento , when a father begetteth a child , consequitur ex ordinatione divina & institutione , vel naturali , vel morali subjectio filii ad patrem ; it is necessary by the inevitable ordinance of almighty god , that the son begotten be subject to the father : so it is by moral divine institution , that when any people have deputed and designed the person or persons of the government , or governours ; the collation and donation of this power and sovereignty is from god effectivè , effectually ; and from the community but consecutivè , because consequitur ad electionem populi , ex divina & ordinatione & collatione , it followeth and is inseparably conjoyned by god and his appointment . take the like ; a woman marriageable in her own power maketh choice of a man to be her husband , her choice and consent giveth not to him marital power , but this right and prerogative of the husband is from almighty god ; for who dare say that in the woman is primarily and radically marital power ? consider yet a little more ; the king elected to be a sovereign to such a headless , a disordered multitude as we presuppose , is surrogated in the place of a common father to the whole community over which he is to bear rule . the scripture expresseth him so , exod. . command . . honora patrem , honour thy father . the heathen conceived it so ; see aristotel . ethic. lib. . c. . and polit. lib. . c. . homer . odys . . from which two consequents unavoidable are deduced . . first , as the natural father ( suppose that adam were living , had he not just title to the monarchy of the world ? ) receiveth not any paternal right , power , or authority , from his posterity , or those are come of his loyns ; but hath this from god and the ordinance of nature , which is jus divinum ( as we have said ) no more can the father surrogated ▪ in the place and power of the natural father he said to receive his right , his power , his sovereignty from the community . . the second consequent and consequence is , that according to the maxim of the law , surrogatus gaudet privilegiis ejus cui surrogatur ; and qu● succedit in locum succedit in jus , the person surrogated hath all the power , the priviledge , the person had right to , in whose place he is surrogated . when a man hath no son by nature or issue of his own , a son adopted is entituled to all the right , power , revenue , was transmissible to a son begotten of his own body . a base born son legitimated , is invested with all the right , title , honour , inheritance , was due to a lawful begotten son. the reason is evident is pregnant , both the one and the other , the adopted son , and the base son legitimated are surrogated into the place of the lawful and natural begotten son. why then , i pray you , shall not , should not the surrogated father by election enjoy the priviledges and rights of the father natural ? methinks more , for the warrant of the two latter cannot be raised to any higher constitution than humane appointment , but the other of the surrogated father floweth and followeth the inviolable and unrepealable ordinance of almighty god. for my part a king designed in such case , ought , should enjoy his paternal right , no less than melchisedeck or abraham . i am the more powerfully inclined to this opinion ; that i see in holy writ , that it pleased god in his wisdom and justice to transfer the right of the first born , to the younger , the surrogated was not one whit lessened in his prerogative and power , but had fully entirely what was due to the first born , in whose place he was surrogated . consider this in iudah , when reubens right of primogeniture was forfeited , and he with his posterity invested with it , and surrogated in his place . see , read and consider the royal prerogatives by the spirit of prophecy bestowed upon iudah , gen. . of which by gods grace more largely , quaest. . the like may be seen in david , whom god preferred to eliab his elder brother . it is a ruled case in law , modus acquirendi non tollit jus possidendi ; the way by which we come to have jus quaesitum ( as jurists term it ) the right to any thing , ( provided it be lawful , otherwise that maxim is of undoubted truth , quod ab initio non valuit progressis temporis convalescere non potest , long possession cannot secure an injust title ; it is not my purpose now to enter upon vsucapio , or ius proscriptionis ) is not prejudiced by the way by which we obtain it . iacob had no less right to the birth-right , having it by a just title , than esau. the jurists give the reason of this , quomodocunque res est acquisita , possessio est de jure gentium , if a man come at any thing by a legal title , by the law of nations , that is , by the law of common equity , the possession or apprehension is entire and valid . now apply all this , when a people disordered are without government , and destitute of a governour , to whom by a title and right of nature it is due , condescend to design or chuse one for their ruler , why shall he not , should he not enjoy , inherit the right of the deficient proprietor ? and seeing the right proprietor had this right by god , by nature ; how can it be , but howsoever the designation of the person is from the disordered community , yet the collation of the power is from god immediately , and from his sacred and inviolable ordinance ? and what can be said against modus acquirendi , the way by which such a one elected obtaineth this right ? for seeing god doth not now send samuels or elishas to anoint or declare kings , we are in his ordinary providence to conceive the designation or election of the person , is the manifestation of god's will , voluntas signi , as the school speaketh ; just so , as when the church designeth one to sacred orders . in few words take all with you . god who made all things is the author of order , by which all things are preserved ; without order there can be no being , but all must either turn to annihilation , or to a confused chaos . god in scripture is no less the god of order than the creator of all things . in heaven amongst the angels we see it established . amongst all creatures betwixt the cope of heaven and the center of the earth it is , a sweet subordination , a sweet harmony is seen ; the inferiour giving a tacite reverence , a due obedience to its superiour , the superiour having an over-ruling power , with a benign influence upon all inferiours to it . can we then dream to ourselves , that god did leave man without this mean of subsistence , that it was arbitrary to him to appoint and specifie either no government at all , or what kind or spece of government he pleased ? plato in his republick can tell such a man , that he that can think he may subsist without a governour , must either be god , or something worse than nothing . hath god provided so for all creatures in heaven and earth , that he hath established a government amongst all , and that conform to every one's nature , and hath he left man , in some respects the most excellent and perfect of all creatures , the abridgment of the whole world , the microcosme , without this established order ? do we not see that before the woman came into the world , or a child was born , god fixed government in the person of adam ? did he not secure it , that it should be transmitted to the first born , that government amongst mortal men should be immortal ? and seeing sin with much more misery and mischief hath brought into the world , that men should sometimes be driven from their natural and proper father , king and sovereign , that for their subsistence in happiness and plenty , and protection from evil and mischief , they are forced to chuse one or more , and to surrogate him or them in his place , to whom by god and nature it was due to bear rule over them ; that he or they coming in the place and power of the natural father or king , have his or their sovereignty , not by a voluntary consent , but by a necessary act ; and that the power is not by derivation from the community , but by immediate donation from almighty god. chap. viii . that sovereignty is not by derivation from the community , is proved by more reasons . if there were no more to disprove this popular tenet , that sovereignty in a king is by derivation from the community , this is more than enough , that it is built upon a false ground , for it presupposeth and taketh as granted , that in the community , whether collective of all individuals , or virtual and representative by some in place of all , there is inherent a potestas activa rectiva , a ruling active power , which is most false . if we will trust philosophy , natura nalli dat virtutem sine actu : & cujus est potentia ejus est actus . aristot. de sornn . & vigil . potentia sine actu otiosa est & inutilis ▪ and the light of nature teacheth , that deus & natura nihil faciunt frustra : god and nature hath not bestowed upon any thing in the universe , a power which is idle and to no purpose , as certainly that power must be , which is never actuated . but now this power of actual ruling was never acted by the community , it was never seen nor exercised by them . the collective or di●●usive body comprehends with 〈◊〉 its verge , all and every individual . now how is it imaginable , that in all the people in gross , in commune , this potestus activa reg●minis , or potestas activi regi●ninis , this power of actuating government is sea●ed as in its prime , principal , and most proper seat and subject ? government intrinsecally , essentially , includes in it a specifick distinction of regentes and recti , some to be governours , and some to be governed . if all and every one hath this power above-mentioned , where then are those that are to be ruled and governed ? if they would speak rationally , there can no other power be conceived to be inherent in the community naturally and properly , but only potestas passiva reg●minis , a capacity or susceptibility to be governed by one or by more . this capacity in the community is attended with an appetitus naturalis , and necessarius ad regimen , a natural , necessary , and vehement inclination and desire to submit to government , by which it is to be stated into an happier and safer posture and condition . just so , as materia prima & vaga appetit formam quâ actuatur & perficitur ; as the first matter ( of which natural philosophy speaketh ) hath a desire to be united to some form , by which receiving a particular determination to a specifick and individual entity it is actuated and perfected : or as debilior se●●s appetit naturaliter sexum nobiliorem quo perficitur . this capacity in the community , being natural and common to all , and having from it issuing out a vehement desire to actual government , obliges all ex vi natur●● subesse imperio , by the law and dictate of nature to submit to actual government ; which desire or propension , if you reflect upon it , praescindendo à communi , as it is in every individual and particular person of this body , is not meerly and properly voluntary : because , howsoever nature dictates , that government is necessary , for the maintenance of the society , for happiness , for safety and protection ; yet every singular and individual person , by corruption and self-love hath naturalem repugnantiam , a natural averseness and repugnancy to submit to any . singuli r●g●um in pectore ger●mus ; the lowest bramble willingly will not submit to the tallest cedar : for this cause saint hierom ●aith , ●●ex nolentibus pr●est . it is despair to attain at government that makes the greatest and most part to submit to government ; and that they see and feel , that without government none can enjoy society or safety , this forceth that natural repugnancy , which is severally and singularly in every one to give way to that universal , natural and necessary propension of nature to government . this appetitus 〈◊〉 salis and naturalis , this vehement necessary propension and desire to government is not unlike to that act of the understanding by which it assenteth to the first principles of undeniable , of uncontroulable truth , which are evident ex vi terminorum , by evident appearance in the essential connexion of the terms ; or is not unlike to that first act of mans will by which necessarily fertur in summum bonum , it is carried to it's chief good : both of these in sound philosophy , are not actus liberi , free acts of the understanding and will , but necessarii , such as cannot otherwise be : just so this consent and submission to government , which is the brood of that natural propension to government , for the reasons above specified , is not liber , not so free , as it may chuse or reject , but in some kind it is necessarius , elicited by force , constraint or necessity , that all and every one are necessitated to it by that necessity of obedience nature hath layed upon them : from what is said rationally and by necessary consequence it followeth that this consent in the community , and every individual is not purè activus , purely and simply active , but hath more alliance with a consensus passivus , a necessary necessitated consent : from this then it is more than apparent , that by that our new statists call the voluntary consent of the people , nothing is bestowed upon him or them in whom the sovereignty is fixed ; nor can the community be a donor of any right or power but in submission and subjection . it will puzzle infinitely our new-state-philosophy to make any thing in it's kind passive really active , and collative of positive acts and effects ; except that as they have changed faith , so they will overturn true reason : from hence it will follow necessarily , that by government established , the people and community are stated in a more perfect , a more happy condition . solomon knew it well , prov. . . v●i non est gubernator populus corruit , where there is no governour the people perisheth . it is not once but often repeated in the book of the judges , when idolatry , rapine and rapt abounded , in diebus illis non erit rex in israele , in those dayes there was no king in israel . saint paul homologates this doctrine , tim. . , . intimating that there can neither peace nor quiet , godliness nor honesty be where kings are not . this natural propension , necessitated by these considerations , over-ruleth and overcometh the natural repugnancy that is in every individual , in every singular one . again , this being the dictate of nature , it cannot but refer to god , as to its immediate author , for god is the author of nature . nature hath taught natural men this truth , more shame it is for us , who would be thought christians , to be ignorant of it , or to oppose it . aristotle saith , lib. . polit. c. . & . that man is by nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , made and ordained for society . plato in his fancied republick telleth us , that he must be god and not man , that can imagine to have that all-sufficiency to live without society , and society without government is not conceivable , is not imaginable . the same aristotle saith , that civitas est de natura ; that government is not arbitrary , but necessary , by the over-ruling command of nature . in brief , the result of all this argument is , that power to rule or act the sovereign , is not naturally inherent in the community , the collective or diffusive body ; all the people have is a capacity to be governed , with a vehement desire to be stated in a condition of peace and safety , which cannot be effected without an union with an actual government in some , to which the community submitteth and subjecteth passively more than actively , every individual having within him by inbred corruption an actual repugnancy to submit to any , is necessitated to admit of government by force of that natural inclination to preserve himself in peace , plenty , and safety ; this being most true in it self , and verified by the experience and inward testimony of every one who hath not shaken off natural reason ; how can it be made appear that this sovereignty , this actual power to rule , is derived , transferred from the community all collectively ▪ considered , or every one diffusively considered , or from a representative body , feoffees of trust from them ? a countrey clown can tell you , nemo potest dare quod non habet ; it is impossible to give to another that we have not our selves : and jurists do tell us , nemo potest transferre in alium quod non habet in ●se . what may be judged of their extravagancies by what is said , is more than apparent . how dare they be so impertinent , so impudent to say , that in the people there is an underived majesty ? it is right down contradictory to scripture , dan. . . & . . it is said , god giveth kingdom , power , strength , glory and majesty . more absurd is that , that they with brazen-face affirm , this majesty in a king is derived onely cumulativè , communicativè , so that the people are not devested of it , but that in certis casibus , in some cases ( which if they be not real , people shall fansie them at pleasure ) this same sovereignty and majesty is resumable . an old philosopher would laugh at him who would presume to say , that a matter passive actuated and perfected by union with a form , could at pleasure shake off that specifick and individual form , and marry it self to another : they may with as good reason say , that a husband hath marital power from his wife , and to gratifie that sex , with which they are very prevalent , they may endow every wife with that power to resume her freedom , and to marry to another at pleasure . a third reason against this paradox in state and divinity is this , there is no warrant in scripture , nor doth nature teach , that god hath fixed all government , sovereignty and majesty , in the community , as in its prime and proper subject . the fittest opportunity to evidence this right and prerogative of the people , was certainly when saul was anointed and appointed the first king of israel . till this time god did retain the government in his own hands , and actuated it by the hands of moses , ioshua , &c. as his viceroyes and deputies : the text of scripture is plain in this , sam. . . god saith to samuel , they have not rejected thee but me . again , sam. . . thus saith the lord god of israel , i brought israel out of egypt , and delivered them out of the hand of the egyptians , and of them that oppressed you . verse . and you have this day rejected your god , who himself saved you out of your adversities and tribulations ; and ye have said unto him , nay , but set a king over us . again , sam. . . and when you saw that nahash the king of the children of ammon came against you , ye said unto me , nay , but a king shall reign over us , when the lord your god was your king. to these passages joyn gideon's words , iudges . . when they offered the kingdom hereditary to him and his posterity , he replied , i will not rule over you , neither shall my son rule over you . the lord shall rule over you . these places prove clearly a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , god's ruling of this people by his substituted deputies . when this extraordinary way , and peculiar to this people onely , was to cease , and a king to be established over them like to the kings of other nations , it was most opportune and high time to declare this native inherent right of the people , in whom is this national and fancied underived majesty , and to leave them by their right to transfer their right upon him whom they judged most fitting and able to be king. but here ne mu lucilianum , not one syllable for it , not the least insinuation : nay , you have point blank the contrary , a virtual destructory of this imagined and conceited right ; as at large before we have expressed and cleared : for scripture vindicateth to god , as proper and peculiar to himself , the designation of the person of saul , and the collation and bestowing of royal sovereignty . it is worth your notice , that scripture recordeth , that after he was designed and declared king. the spirit of god came upon him : which without wronging the letter of the text , may be interpreted of god's grace enabling him for the charge . the very heathen did acknowledge , that in kings there was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , something from above bestowed above the ordinary stream of endowments incident to man , which how it may subsist with a derivation of all their majesty and power from the multitude , let them judge who have not made a divorce betwixt themselves and sound reason and judgement . by no means let us neglect to observe , that god when he designed saul to be king , collated upon him royalty , he left no other act to his people but to admit him , which was not left to their voluntary determination to admit or reject him at pleasure . nor is that to be over-leap't , that god would not allow them by compact and contract to make their own conditions , to limit and enlarge their king at pleasure ; but gave himself to the subject jus regis , the law of the king , to which the subjects were to submit in the hardest case . he prescribed lex imperandi , a law and rule to kings to rule and reign by , deut. . but at the admittance of saul , he giveth legem parendi , the subject a law of obedience and patience , sam. . which is so peremptory in the extremest acts of tyranny and oppression , that no other remedy is left but prayers and tears , patience , and crying to the lord in the day of trouble and oppression . of this by god's grace more hereafter , qq . , , . a fourth argument against this popular errour and deceit is this ; if all sovereignty and supreme power were originally inherent in the people , and from thence derived to the king ; then undoubtedly democracie were the best of all governments . the reason is pregnant ; that spece and kind of government which cometh nearest to its original , must be sounder and more perfect ; but , democracie , which is the government of many , cometh nearer to the multitude than aristocracie , where some few of the better sort , or than monarchy , where one hath the supremacy and government . the nearer to the fountain the stream runneth more pure and clear . this argument cannot well be taken off ; and it is a strong argument changing the terms in the assumption for monarchy ; it proyeth the excellency of monarchy above all governments , because it approacheth nearest to the government of god , and god himself who is the author of all government ; as the argument before is made , the conclusion is most false ; because , howsoever all writers of politicks in many things concerning policy , differ as much amongst themselves as clocks , or our sectaries , yet all unanimously accord and agree in this , that of all government , democracie and popular government is the worst ; and do prefer aristocracie to it by many stages ; which likewise enforceth our argument for the excellency of monarchy ; for the farther you recede from monarchy , as in democracie , the worse the government is ; and the nearer you approach to it , as in aristocracy , the government is the better . some have a nearer approach to one than many , and many are at a greater distance with one than some few : which things duely considered and rightly pressed , will bring home the conclusion , that formalis & completa gubernandi ratio est in monarchia : the proper , specifick , formal , and complete essence of government is in the sovereignty of one . review and consider all politicians whom you will , they will grant , that suprema potestas est in indivisibili posua , ●upremacy and sovereignty is an indivisible and undivided entity ; how can you share it then amongst more or many ? nay , this forceth them to make aristocracie , which is the government of more than one , and democracie , which is of many ; that they must be considered as unum analogi● , one by analogy , not univocally and proper●y so ; judgd then of the force of our argument . for any reason i yet appr●●end or can guess at , if sovereignty were primtively fixed in a multitude , and from thence derived to any or many , i cannot judge but that democracie is the onely spece of government warranted by divine institution ; and that all other kinds of government are unlawful , and their acts sinful ; or if any should attempt to change democracie into monarchy , it were an high impiety : which things how they may be admitted , let our new state-divines consider and declare . sure i am saint austin was of the opinion , that a corrupted democracie , without sin , might be changed into monarchy ; see him , lib. . de liber . arbitr . c. . where he saith , si depravatus populus rem privatam reip. praeferat atque habeat vaenale suffragium ; corruptusque ab ●is qui honores amant , regnum in se factiosis consceleratisque committat ; nonne item rectè si quis tunc extiterit vir bonus qui plurimum possit , adimat huic populo potestatem dandi honores , & in paucorum bonorum vel etiam unius redigat arbitrium ? euod . et ita rectè . saint austin and euodius agree in this , that if they who bear rule in democracie do corrupt justice , and put the government into corrupt mens hands , and such as are factious , a good powerful man upon such an exigent , may mould the government into an aristocracie or monarchy . good saint austin , for all his learning and piety , knew not the jesuit and puritans ground ; that all sovereignty and supremacy , all majesty underived was in the multitude , and that in their power it is to change the government to what guise they will ; he knew not that this was to rob the people of their native and proper right , when one man should reduce democracie , without the consent of the people , to monarchy or aristocracie ; nor knew he that it was an unjust and sacrilegious intrusion upon god's right in the people to do it without their act , their consent , their compact . to this you may add another testimony of that father , which virtually implieth the same , you may read it , lib. . de . civ . dei , c. . where , speaking of the declination of the government of rome from the second carthage war , and the restoring of rome to her glory by augustus coming to the empire , he saith , hoc toto tempore usque ad caesarem augustum , qui videtur non adhuc vel ipsorum opinione gloriosum , sed contentiosum & exitiosum , & planè jam enervem ac languidam libertatem omnimodo extorsisse romanis , & ad regale arbitrium revocasse cuncta , & quasi morbidâ vetustate collapsum veluti instaurasse ac renovasse rempublicam . the passage is very considerable . the purpose of the holy father is to take off that foul aspersion which the heathen put upon christ and christian religion , that all mischief came into the world since they were heard of . he proveth by the roman story , that greater mischief before was upon the romans , and that from the second carthaginian war the roman grandeur was in its declination and decaying , and at and about the coming of christ in the world was restored again to its magnificence and splendour , by the happy ▪ monarchy and empire of augustus caesar : which happy change saint austin commends , he condemns it not : and so do the heathen writers : which the father could never have done if he had been of the mind , that no man cometh rightly by sovereignty but by derivation from the people . it is not onely saint austin's , but other holy fathers observation , that god in his wise providence disposed so of the government of the world , as to put the best and greatest part of the world under the monarchy of one , that thus he might facilitate the progress of the gospel throughout the world. it is foretold in scripture , that kings shall be the nurse-fathers of the church , our opposites cannot shew the like of aristocracies and democracies , nor this day do we see it , or in ancient storie find it recorded . it is most like , foelicitas temporalis , happiness temporal , under augustus , the sweetest of emperours , came into the world , with foelicitas aeterna and spiritualis , with eternal happiness , when our king and saviour came into the world. of this more . q. . our fifth argument to prove , that sovereignty in a king is not from the community or multitude , is this , if this sovereignty be natively inherent in the multitude , it must be proper to every individual of the community ; if it be so , and must be so according to their tenet , which is enforced by that other as groundless and false state-maxim , which they hold and maintain , that quisque nascitur liber , every one is born a free-man in the forrest ; then it will necessarily follow , that the generation and posterity of those who have first contracted with their elected king , are not bound to that covenant , but upon their native right and liberty may start aside , appoint another king , and that without breach of covenant , or any just title in the king of their fathers to force or reduce them to his obedience : an excellent way devised to preserve king and kingdom in peace and safety . might not the posterity of ioshua , and the elders living in his time , who contracted with the gibeonites to incorporate them , although in a serving condition , have made void their fore-fathers covenant ? and if this be true , how cometh it to pass that the progeny of ionadab did hold themselves bound to keep the prescript and strict rule of their father ? the rechabites , it seemeth , had not learned this point of native liberty . chap. ix . that sovereignty is not derived to the king from the people , communicativè , by communication , so that they may resume it in some cases , is proved by reason . although we would give to our sectaries , ( which we will never grant ) that all sovereignty in a king is derived from the people immediately ; yet we deny , and with good reason , that it is not by communication , so that they may at pleasure , or upon some necessary exigent in certain cases resume it , so that habitually they retain it , and are not totally divested of it ; but in some case of defailance , suppletivè they may exercise , it and supply th● defects of government in the king , erecting tables , authorizing parliaments , appointing close commiitees , making and sealing , subscribing and swearing covenants , &c. their ground is , because all sovereignty is by voluntary consent and compact derived from the people to the king. this we have sufficiently disproved : to strengthen this , they equivocate in a maxim , constituens constituto potior est , the constituent is above the constituted in dignity and power . if they knew any thing in law , or were ruled by reason , they could know that there be two sorts of constitutions ; . the one is , when constitutio ab initio est voluntatis , & ejus effectus perpetuo pendet à voluntate constituentis ; when the constitution is voluntary at first flowing from the free elicite act of the will , and whose effect and force dependeth ever from the liberty and free will of the constituent ; as when a king maketh a viceroy or judge durante beneplacito , enduring pleasure ; or when a man maketh a legacy and leaveth so much to such a one after his death , he may make it void to morrow , if death prevent him not , except he hath appended the last codicil , as lawyers speak ; in such like things voluntas hominis est ambulatoria , a man's will is not denuded of it's liberty to re●ile or change ; the will of man being , as philosophers speak , domina sui actûs , mistress and queen of all her elicite and commanded acts. it is a ruled case in law , nulla obligatio consistere potest , quae à voluntate promittentis statum accipit : no obligation can absolutely tye where all its strength dependeth merely upon the free will of him that promiseth . . the other constitution is , quae ab initio est voluntatis , posteà verò effectum habet necessitatis ; which at the first is by the free elect and commanded act of the will , but afterward is attended with an effect of necessity , that maketh it irrepealable , irrevocable : as when a man maketh over the right of his proper goods to another , this is at first a voluntary action , but the donor having denuded himself of jus proprietatis , of his entire right , and the donee hath jus possessionis , hath apprehended possession , this act is firm and stable , whether the way of making over be titulo lucrativo , or titulo onerosa , freely done by gift , or for money , and as good in exchange , or any other way lawful , this act is no ways revocable , although it be made to the disadvantage of the donor . if any should attempt to resume this again , it were an act against common equity ; scripture pleadeth for this truth , psal. . . he shall dwell in the mountain of the lord , who● sweareth to his hurt and changeth not . ananias and sapphira might without sin have kept their goods which they consecrated to god and his church , if they had not interposed the act of devoting or consecrating them ; but this done , to detain but a part of it , ( and it may be for some exigent case of necessity they preconceived ) it was high sacriledge , and they payed dear for it , acts. . there can be no civil commerce , no truth or faith in dealing , in bargaining , if you open this back door , than when a man hath contracted , covenanted to his disadvantage , he may resume it , and put himself in statu quo . if it were granted that royalty in a king were by contract betwixt him and his people , and resumable by the people upon the appearance of disadvantage , it cannot stand but in all inferiour contracts of less concernment the like should hold . is there any act more freely done , than when a woman not subject to paternal authority , of perfect age , under no guardian , maketh choice of an husband , and as she fancyeth ? and i pray you , may she afterward shake him off at pleasure ? god forbid . by moses law , we know the husband for jealousie or discontent might have given to his wife a bill of divorcement ; that the woman had the like power we read it not . in gods case which most nearly concerneth himself in the case of idolatry , the husband was bound to dilate , accuse , and witness against his wife ; the father against the children : but there is no charge to the wife to accuse or witness against the husband , or the children against the father ; a clear evidence how god almighty would have the inferiour in reverence , duty , and obedience , to carry towards the superiour , that if idolatry against god otherwise could not be made appear , god would have no remonstrance this way . god chused rather to suffer in his own cause , than that lawful authority should be wronged : deut. . the tye betwixt king and people , prince and subject is greater , is stricter than any betwixt man and wife , father and son. if our adversaries will believe iurists , they were of a contrary opinion , and did not imagine , that the people transferring all their right upon the prince , did habitually or in any case retain it or any part of it , that in case of male-administration , they might supply it , and in any exigent resume it , or make over the right to whom they would , over-lording their prince , but that they were totally and irrevocably invested with all power conceivable to be in the people . although this opinion hath not the truth of all the kings right in it divinely enough , yet is it a safer opinion than that of late days hath been taken up and maintained . vlpian a renowned jurist , l. . ad sc. tupil . saith , quod principi placuit legis habet vigorem : utpote cum lege regia , quae de ejus imperio lata est , populus ei & in eum omne suum & imperium & potestatem conferat . vlpian knew no better , but that the legislative power was in the prince , and that because the king is entirely invested with all the power and empire was in the people . it is probable , he reflecteth upon the democratical government which was before the empire , and so determineth , that what sovereignty was in the democracy , was with its full extent as entirely and properly in the prince . vlpian reserveth no power to the people , for the saith expresly , populus ei & in eum omne suum imperium & potestatem confert ; which ground laid , it is absurd to say , that in any case , or upon any exigent , the people or communinity , diffusive , collective , or representative , can re-estate themselves into that sovereignty , so entirely irreversibly made over . ex ore duum & trium : take another witness ( for in law , singularis testis nullus ) and a great one too ; bartolus ad l. hostes. . f. de eapt . & post . saith , tertio modo indicitur bellum publicum , quando indicitur à populo ramano , vel ab imperatore , in quem translata est omnis jurisdictio populi romani . bartolus knew not any power was reserved in any case or exigent to the people ; and if you consider him well upon the place cited , the militia and iura belli belong to the prince . to these two add seneca , who knew no mixed government , but only three speces , monarchy , aristocracy , and democracy ; epist. . he writeth thus : interdum populus est quem timere 〈◊〉 interdum si ea civitatis disciplina est , ut plurima per senatum transigantur , gratiosi in ea timentur viri ▪ interdu● singuli , quibus potestas populi & in populum data est . seneca who knew not monarchy to be from god imm●diately , knew so much , that coming from the people , the king was so invested with the power of the people ▪ and power over the people , that the people were totally divested of that power , and in no case no exigent had any power over or above the prince . if what is said be not sufficient , let us remember the story of valentinian the emperour , when by the army he was declared emperour ; they earnestly begged 〈◊〉 him to joyn valens his brother with him in the empire ; his answer was , ut me ad imperandum eligereti● in vestra situm erat potestate , o milites : at postquam me elegistis , quod petitis in meo est arbitrio , non vestro . vobis tanquam subditis competit parere , mihi quae agend● sunt cogitare . o souldiers , before you did make choic● of me to be emperour , it was in your power ; but the choice being made , that which you now desire is in my power , not in yours . it is your part and duty as subjects to obey , it is in my power to determine upon what is fit for the government . if all we have said cannot work upon our new statists to forsake their errour , we pray them to consider , whether or not this ground laid , will not authorize the corporations and shires , upon male-administration of the trust committed to their commissioners in the house of commons , or upon jealousies and fears , to resume and make void that trust committed to them , and warrant them in case of defailance to do better for themselves and country . sure i am , buchanan one of their greatest authors holds , that if a parliament determine in a matter of law , it can establish nothing but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a preparatory precognition , and that the influence of a legislative power is not , till it be approved and admitted by the community . the observator fearing this tenet of buchana , may make void the orders of the house , leaving here his master , and averreth , that the right of the gentry and commonalty is entirely in the knights and burgesses of the house of commons , and will have their orders irrevocable . a wonder it is that they are so favourable in their own case , and so unjust and unequal in the kings case : for if it were granted , which is most false , that all power in the king were by trust devolved upon him from the people , what is the reason of the difference that he shall not have that right as entirely , as irrevocable as the commissioners of counties and corporations ? reason pleadeth more for this in the king than them , for otherwise neither sovereignty nor the person of the sovereign can be secured , nor any act of government certain , but mutable at the pleasure of an erring and inconstant multitude . if any will seriously consider , they will find that what they take from the king they give to their feoffees of trust , to tables , to parliaments . these in case of necessity have an arbitrary power ; the prince in no case can have it , exercise it . those have the entire right of the community devolved upon them , and the people are totally divested of their native right ; the king hath his only in a fiduciary way , some part is habitually reserved , that in some cases the people may resume it , may practise it . so in their church it is not lawful to a clergy-man to meddle in secular businesses ; their clergy ( if they be worthy of name ) may , do meddle in all treaties of peace , councils of war , in commissions for reversing fundamental laws of church and state in other kingdoms . this their practise is protestatio contra factum , it giveth a lye to their profession . i think verily in after ages it shall scarce be believed that amongst christians , and such as would be accounted the best of christians , such paradoxes could be maintained , and such monstrous practises acted , with such sacrilegious robbing of prince and priest of their sacred right . it is high time for prince and priest to strengthen one another , and neither of them to think that by making the other à publici odii victima , a sacrifice to malignant malice , to preserve himself . it is high time for the people to consider , how by such doctrine and practises they are plunged in such a bottomless gulf of miseries , of calamities , that none but dextera excelsi , the right hand of the lord can rescue , can deliver them : how an arbitrary , tyrannical , civil power is put upon them , and established in the wrong hand , that they dare not pretend to liberty of person , or propriety of goods : how such a tyrannical antichristian hierarchy of some few patriarchs , lords over their consciences , make them run into rebellion , and kill both body and soul. if these things , these most fearful of all judgments , cannot awake us , it is like we are given over to destruction , more for the terrour and example of others , than that we can expect to see the glory and mercy of god return again upon this church and state. lord of his mercy make us turn to him timely by repentance , that he may turn to us in mercy , make his face shine upon us , that we may be saved . to return to our purpose : in fine , let us still give it to them , that sovereignty is in a king by derivation from the people , and the conveyance is by contract or covenant . but then i demand , how can this contract be made void ? it must be made void either by mutual consent , or by a legal sentence and iudgment . that a contract may be made void mutuo contrahentium assensu , by a mutual accord and consent of the parties contracters in law it holds ; the ground is , quibus modis contrahitur contractus iisdem dissolvitur , and the main thing and binding force in a contract is the consent of both . the refiling of one party contractor is not sufficient to void the contract . necessarily then it is required , that both king and people consent to make the contract void : ( whether a king may do this or not , you shall hear more in the following questions . ) the people alone cannot do it . this contract as yet is not made void by royal consent ; if it be , you must make it appear authenticis tabulis , upon evident and written records . i confess , e're i put you to these pains , i desire you first to produce tabulas contractûs , this contract , which in law must be evident and faithful ; and when you do it in any of his majesties kingdoms , you shall have me to plead for your pretended right . well then , i hope you will not say you have his majesties royal assent ; although good and wise men regrate , that by real deeds out of zeal to peace , and more than fatherly indulgence , he hath indulged to your favours , which lessen his prerogative , and which without intrusion upon his sacred right you cannot enjoy , if scripture be either the law or umpire to determine in this case . seeing , i say , his majesties consent to void this contract cannot be alledged , or made appear ; ( and the law determines , that de non apparentibus & non existentibus eadem ratio , or quod non apparet , in jure non est ) you must have a legal sentence . a legal sentence cannot be had without a competent iudge . who is this judge ? for my part i know none but almighty god , the king of kings . if you say , that the judge is the diffusive body , or the collective , or the representative ( which i see not how it can be conceived without the head the king , yet at this time i yield it to you in your own notion ) and virtual body ; i oppose , that cannot be ; are they not all subjects ? are they not all under his protection ? have they not all sworn , or should swear , allegiance and supremacy ? how then can they be imagined in any other capacity than of a subject ? how in any other notion , relation , or consideration , but as the other party contractor in this imaginary , notional , and fancied contract ? how can it with law , with justice , with reason subsist , that you shall be in your own cause , in your own case , in a matter of so high a concernment , judge , witness , and party ? the highest that any as yet have gone , is to fancy a coordinate power with the sovereignty of a king , which in effect is a very bull , and is as much as to say , supreme and not supreme ; sovereign and not sovereign ; king and no king. i deny not but that it may be proved , if that your practice may interpret your power , that you have run farther , and reach higher in your sovereignty than any king , any monarch in europe , except you speak of the king of spain's power over all his dominions without europe . never any of them claimed more but paternum imperium , but with grief we see this new doctrine hath erected despoticum & herile imperium . i say , the most you have claimed to your representative body ( and that maimed too ) is a coordinate power ; which in law , in reason , runneth upon equal , upon coequal terms , now in law par in parem non habet imperium , an equal cannot lord or judge over an equal , much less an inferiour may usurp it above a superiour . amongst many other reasons why our lord , ioh. . would not sentence the adultress that was taken , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this is not an unprobable one , that although he knew her guilty , as god , and as man , gratiâ visionis , yet he would not act the judge and witness . omnis christi actio nostra instructio . learn of him to be meek and humble , nay , just too ; and challenge not to be judges , accusers , and witnesses in your own cause : imperial law , and ecclesiastical , both condemn it : nay , the very light of nature made africanus disclaim to be against the defendant , judge , accuser , and witness . the casuits , when they dispute and resolve the case how a judge shall proceed in judgment , when to his private knowledge he knoweth contrary to that is like to be adduced , and the judge tyed to determine secundum allegata & probata , that in such a case he may ( if another competent judge may be found ) exuere personam publicam , personam iudicis , and witness for truth , that justice be not prejudiced . fie for shame , that iesuits , romanists , and casuists , althey hold many of our puritanical principles , yet are not so impudent , as our puritans and sectaries . to hasten to more proofs of the truth we maintain , give me leave to tell you , that i think , or fancy at least , that this opinion that sovereignty is seated in the community , every individual having its share , which by derivation from all and every one , is concentred in the person of the king , is not unlike that dream of democritus and other philosophers , who fancyed to themselves , that the whole vniverse was composed and diversified by a casual concourse , of what , i know not , fantastical and imaginary atomes . chap. x. wherein the truth of our tenet is by more reasons asserted , the contrary error disproved , and the absurdities in the sectaries paradox involved , are discovered . this tenet , that a king hath his sovereign power , communicativè not privativè from the people , that he is so invested with it , that the people have it habitually , suppletively , and may resume it in some exigent cases , giveth nothing to the king but only an empty and void title , which is not only resumable at peoples pleasure , but so coarctated and bounded with limits and conditions of their own devising , that simul & semel , at the same instant and moment he both receiveth empire and sovereignty , and layeth down the power to rule and determine in matters which concern either the private or publick good . at the same instant ( without prejudice or derogating from the honour of royalty , be it spoken ) a king becometh a monster , an hermaphrodite , composed of a sovereign and a subordinate , of a king and a subject . again , by this they hold , i see not how they can difference a king from a magistrate , which with all understanding and knowing politicians , are distinguished by their different specifick entity and being . nay , a magistrate is stated into a safer and better condition than a king , for the magistrate is to exercise judgment and jurisdiction by known statute and custom law ; the king is censurable , deposable at the pleasure of the multitude , as they fancy him to have transgressed . the magistrate cannot be censured , be punished , but by law ; the meanest , the basest of subjects , may arrest , cite , convene the king before the undèrived majesty of the community , he may be judged by the arbitrary law that is in the closet of their hearts , and that not only for real misdemeanour , for real male-administration , but upon fansied , apprehended fears and jealousies , and these not evident by any apparent act or attempt , but intended . if this be not to seat themselves upon the tribunal of god , who hath reserved as peculiar to himself , to judge and discover mens hearts and intentions , i know not what else can be it , except it be that those seraphical doctors make so bold with almighty god to unfold the secrets of predestination , and to define who are the elect , who the reprobate . any man that hath nothing left but common sense will chuse rather to live the most private and obscure life , than to expose and oppose himself with an idle nominal title of honour , to the most corrupt and corrupted judgments and affections of an ignorant , injust , and indiscreet multitude . i pray you , when neither the true grandeur and splendour of majesty , nor the sacred power of empire , nor the highest pitch of reverence and obedience due to so sacred a function , and so sacred a person can shelter and protect him , who can be so demented , as not only to embrace an empty title , ixions cloud , but run the hazzard of total ruine and perpetual disgrace ? i know what will be answered , good kings are in no danger ; this terrour is only a terrour , a curb to bad kings . the contrary this day appears , and ordinarily the best of kings are most in danger . who knoweth not how ambitious , factious , and discontented spirits , are most ingenious and solicite , where no real and just challenge can be made against a good king , by specious and spurious pretexts to incense and inflame with fury the erring and deceived multitude , who loath things present and at hand , and promise to themselves foolishly greater and better things by a change. not unlike to a man sick of a burning and raging fever , imagineth this or that bed he lyeth in is the cause of his pain ; change him to another bed , in his fancy he expects to recover health , yet is disappointed , and putteth himself in a worse condition . it is easie for subtle and crafty spirits to make people apprehend so , because of the present sense of some little pressures or incommodities in the government : which is unavoidable here , because we are not to expect to enjoy a plato's republick , or a more 's vtopia , an eutopia indeed , that were heaven upon earth : that is , there is no government no where so compleatly perfect , that it wanteth altogether its incommodities , and none so imperfect which hath not with it it 's own commodities . i may say of the most perfect and best ordered government , what the father 's said against the pelagians , omnis nostra perfectio imperfecta perfectio ; there is none so happy that hath not with the greatest commodities some incommodities , and so we may say with the comick , aut haec cum illis habenda , aut illa cum istis admittenda ; we must resolve to endure some inconveniencies in the best government , rather than disturb and destroy government , and lose the excellent and sweet fruits we have by it . hence they press upon the weaker and less understanding , but more numerous people , the present seen and felt inconveniences , and possess them with fears and jealousies of more and greater ensuing dangers ( fraus in parvis , saith livie , sibi fidem praestruit , ut cum operae-precium est magnâ cum mercede fallat ) that they ought not to lie under these burdens , and to be nakedly exposed to more imminent dangers , lest unprovided they be taken up and destroyed . when these male-contents have laid this foundation , then they raise the work by liberal undertaking , and like the devil their father promise to the gulled people , matth. . omnia haec tibi dabo : to deliver them from all their pressures , incumbent burthens , and imminent fansied dangers . the people by their big words and promises conceive great hopes , cry up those achitophels , those absalons , those shebaes , as the only worthies , upon whom should be devolved the whole trust and care of state and kingdom , of reformation of state , of church . to entertain these false hopes , which are but false conceptions , molaas , they personate such as had no private ends , were only publick souls , resolved to spend themselves , nay offer themselves a sacrifice for the people ; they speak as smooth as absalon . and will be thought to desire nothing but piety and purity in the church , and justice , peace , liberty , and plenty in the state. when the multitude are thus bewitched , then they advance the work , they desire the assistance of the numerous and popular part to bring this glorious reformation to effect ; pretending the glory of god , the purity of religion , the liberty of the persons , and the propriety of the goods of the subjects . the poor people follow absalon in his treason , usurping the crown , pretending he is about to offer a great sacrifice to god , but intended to pull the crown from his fathers head . nemo repentè fuit turpissimus , when they have thus gained the popular affection , and are masters of their hearts and lives ; they strike not first at royalty , but express their zeal and courage in accusing the great states-men , of purpose to leave the good prince naked and destitute of all good counsel , and by fierce accusing of them , and charging them with all the evils they fancy in the government , to flow from the influence their counsels and courses have upon sovereignty , they prove themselves innocent to the world. they hope , having set them by their places , they shall make place for themselves , to make king and government at their own devotion : and before they fail in this , another government they will erect . they set on the furious multitude against men , not only innocent , but well deserving , making the people believe that they are the authors and abettors of all evil and mischief , whether real or fancyed , present ; and that these are the only rubs stand up betwixt them and an happy government . if they can make no relevant endictment , no legal proof against them , before some of them be not gone , new laws , new presidents shall be made never to be a leading case hereafter ; and others shall suffer first as papistical , but if that appear not , then as praelatical , but if this cannot be charged upon them , ( a high crime truly to be accounted a maintainer of that order , christ hath established to preserve his church ) they are incendiaries in state , malignants in church , disaffected to the true protestant ( which what it is but negatively we could never yet know , for ten of them cannot agree upon a positive faith ) religion . and such , say the achitophels of this time , are the close enemies of church , of state , of religion , &c. and so much the more dangerous because they carry their malignant purposes , designs , and courses so closely , that no proofs can be made against them . the people thus engaged , thus by fury enraged , cry out , crucifie them , crucifie them : are made guilty , and run so far upon the score , as they cannot be taken off again . if it fall forth so , that these worthies miss their ends , and others succeed in the places of the displaced ; then they cry out , the malignant party prevaileth still . the pilots are changed , not the tempest . there is no remedy , power must do it , the kingdom must put it self in a posture of defence ; salus populi , the safety of all , of religion , of liberty , of property , and what is dear to us , calleth for it ; for it is extremus necessitatis casus , it hath come to the last push . but i pray you who are the competent judges to determine , that our case is such ? none else but those worthies , those who are animated with a publick soul , who are dead to private ends , have no more life , but what is to be spent for the publick , for the safety of it ; who have already , as good patriots , layed their lives , their honours , their fortunes at the stake . there must then be a power in some hands ( god knoweth the worst , and that have least right ) to command men , raise arms , seize all ammunition , command what supplies of money is necessary , for so great , so glorious a reformation , to rectifie what is amiss , to right what is disjoynted in church and state , to repell the dangers incumbent and imminent , otherwise they are not sufficiently enabled , for the great work , the preservation of the king and kingdom , church and state , law and liberty , and what else is really or imaginably dear to us . in end an arbitrary government , that terrour of all popular terrours , is introduced , is practised ; true sovereignty and royalty is wrested from the true sovereign , and the thing we fear most , is placed in a wrong , a worse , an unlawful hand . the effects are more bitter , the charge is infinitely above all we or our predecessors did complain of in many past ages ; the pressures are intended and multiplied , and total ruine to the kingdom is threatned : onely this difference is observable , that where before with a less bountiful duty , religion and royalty , justice and peace might have been maintained , nothing could be obtained to strengthen sovereignty ; but now we are become so lavish , so prodigal , we give twenty , ten , five parts of our goods , our revenues , spare not our jewels , our ear-rings , to make up a molten calf ; so apt , so prone is our corrupt nature to a wicked course . and whereas before we were like rachel , in the streets , in our shops , crying , we are undone with subsidies , monopolies , &c. saying with micah , we are robbed of our silver , which either we made or were to make our god : now in pressures voluntarily undergone , which infinitely transcend all pressures before seen or felt , we are as speechless as the unworthy servant in the gospel . in this we are not unlike to little children , who , when they fall of themselves , and hurt themselves pitifully , cry not at all , but if any touch them , and they fall , wth little or no hurt , they cry out bitterly . you see then how easie it is upon this ground maintained by our sectaries , our adversaries , to disquiet state and kingdom , to unking kings at pleasure . and that it is so , would to god the lecture is read to us this time in the deplorable state of this kingdom , did not with much grief and sorrow make it appear to the least-seeing eye , and did not cry it aloud in the deafest ear. that the best of kings , most pious and just in themselves , and of sweetest temper , are liable to these mischiefs , this black day of ours confirmeth it ; by-gone stories evidence it . was there ever a meeker , a milder governour upon earth , than moses the meekest of men , sensible of no injury done against himself , zealous of wrongs done to god , and quick enough when aaron was wronged ? was there ever a greater treason hatched and set on foot against any than him ? corah , dathan , and abiram , with two hundred and fifty princes of the congregation , lead the people to sedition , then to rebellion , telling him in his face , he and the tribe of levi took too much upon them . god , to vindicate sacred sovereignty , did interpose by a miraculous way , never heard of before , that the heads are swallowed up living , in body and soul , into hell ; a fearful example , the first rebellion we read of , and so exemplarily punished , that optatus bishop of milevis , writing against parmenian , observeth , that the like is not to be found , to be read again in scripture . to moses add david , not onely a man , but a king according to god's heart , and one as apt and inclinable to pardon offences committed against his person , that the like you find not , except it be the example we have this day before our eyes ; yet what treasons were intended , acted , and attempted against him , scripture doth plentifully record . zedekiah was not one of the worst kings of iudah , yet was he so over-ruled , or over-awed rather by his lords and councellours , that he confesseth of himself , the king was not he that could withstand them , that he was forced to deliver up ieremiah , the servant and prophet of god , into the hands of their power and malice . many more may be adduced . augustus , the sweetest of heathen and roman emperours , titus , the love and delight of mankind , were tossed and beaten with the same tempests . it is infallibly then certain , that the best of kings cannot be secured , where this tenet of our adversaries is maintained , especially when divines do preach it as a truth revealed from heaven , to aver that rebellion is obedience ; nay , a necessary duty which god commandeth ; and jurists and lawyers hold , it is consonant to justice , the established and practised laws and customs of the land ; the divine secureth their consciences , and the jurist their estates and persons , that they are put out of all fear of evil here , or in the life to come . they will find at last , that those blind guides , with their people misled , will fall in the ditch . god have mercy upon the poor multitude who are deceived ; the deceivers have need of great repentance before they can have mercy with god , or should find it with the king. what a fearful thing it is to put princes , and the best of princes , most usually under this tyranny , that the people may lord over them , needeth no other confirmation , but to consider a multitude in its nature , which is either the cruellest or tamest of beasts . quod non audent singuli , audent universi . livie telleth us , that this is the natural temper and constitution of a multitude ; vt serviat humiliter , aut dominetur superb●● libertatem quae media est , nec spernere modicè , nec habere sciunt . et non fermè desunt irarum ministri indulgentes , qui avidos atque intemperantes plebeiorum animos ad sanguinem & caedes irritant . we need not english it , the expression is full in what we have said . in sum , by these new-devised state-principles , no kingdom , no state , can be long in quiet , in peace ; no kings , no governours can be secured ; by these maxims we may change kings and governours as often as moons , learn the policy of the goths , and practise it too , that if we be not successful in war , or have not a plentiful year , or be troubled and infested with any tempest more than ordinary , all may be laid upon the misfortune , demerit , or mis-government of the king , and he , ionas-like , thrown into the sea , to appease the tempest , another enthroned , to live and reign no longer than we please . a goodly tenure for a kiug . another argument i bring against this paradox , which is this : by this principle , if it hold good , all title to a kingdom by right of conquest is made void ; for this cannot be said to be derived from the community by contract and voluntary consent . notwithstanding scripture is clear and full for the lawful title of a sovereign by conquest . otherwise we must deny david's title over aram , and other neighbour conterraneous kingdoms to israel . god , by his prophet ieremy , commanded submission , subjection , and obedience to nebuchadnezzar , and enjoyned them to pray for him , and for peace to his government ; i hope none will deny his right to be just , and that by no other title than conquest . our saviour did submit to caesar's government over the iews , paid tribute , and by his ius regale , his royal prerogative of coin , proved caesar's just title , that he silenced the iews , as much at that time miscarried , that by their native liberty , and god's special favour , they were not to submit to any stranger , as we are now adayes upon our fancied conceits . the jesuits will not deny that conquest by war is iustus modus acquirendi imperium , a right way to come by a crown , if the war be justly waged , and grounded upon a good cause : for proof , see bellarmin . de translat . imper. and suarez , in his book , which we have often cited in this little treatise . it is easie to bring a great many more arguments to destroy this erroneous tenet , pernicious to mankind it self ; onely because we are weary of it , give me leave in the close to shew you , that it is morbus complicatus ; a disease , a distemper made up of the confluence of many together ; and that it hath involved within , or adherent to , and coherent with it , a great many absurdities , contrary to truth in sacred scripture revealed , to sound reason and policy . i shall onely point at them , and leave the enlarging of them to the judicious reader . . first , it is absurd to say and maintain in true philosophy , that the community is primum subjectum , the first seat and subject in which sovereignty is immediately fixed . how can it be said so , seeing in them it was never found , never actuated , never exercised ? vana est potentia quae nunquam reducitur in actum . . next , this principle presupposeth the most excellent of creatures , men , to be like cadmus off-spring , de terrâ nati , sprung out of the earth ; iuvenes aquilone creati ; or which is worse , in origine , like to the most imperfect of living creatures , animalia de putredine orta ; creatures coming from corruption it self : which paradoxes how well they sute with the excellency of humane condition , and which is more , with the goodness and wisdom of god in the creation of all : and lastly , how consonant to sacred truth in scripture revealed : if these be well considered , then i am hopeful our new statists will forsake their errour . . thirdly , this tenet of our sectaries presupposeth that all men coming into the world , are iure or privilegio naturae , by the right and priviledge of nature originally born equal , independent one from another , without desparity or difference one from another . this is contradictory to the word of god , that teacheth god did fix government in adam , before the woman was made , or children begotten by him . is not every one that cometh into the world begotten of a father ? is he not thus by the law of god and nature to submit and subject himself in reverence and obedience to his father ? is he not then so far from having original power inherent in himself , that he hath not his own original being in the capacity of nature , but from his father ? how then can he be freed from subjection to his father ? and if his father be subject to another , is he not by the same law subject to his father's superiour ? who can make this subordination void , except he will ranverse the ordinance of god and nature ? where then is the truth of this deceiving maxim which worketh so much mischief , quisque nascitur liber , every man is born a free-man in the forrest ? are they not subordinate , subject to their pre-existent father , and to his superiour too , if he have any ? is not the female sex by the ordinance of god and nature inferiour and subordinate to the male ? doth not nature teach , that the wife by the law of nature is subject to the husband ; if you will believe aristotle in his politicks , he telleth you that a man of weak understanding is subject to him who is more intelligent and prudent , and ( if i forget not ) that he is naturâ servus . . fourthly , this ground presupposeth anarchy , to be de facto pre-existent , really , and actually before order and government . christians must believe , that as god created all things in numero , pondere , & mensurâ , in a compleat perfection of all things , every creature having its own intrinsecal weight and worth , not only in it's own due proportion and measure , but in a measure orderly disposed for it's accord and being , with the universe ; and must believe accordingly that he hath disposed of all things in that order which establisheth an unrepealable government , by which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the whole universe , and every spece and individual in the universe is preserved and continued in it's happy natural being . who then can be so stupid to think that god almighty sends man in the world destitute of this order and government , which is necessary for the happy being of the abridgment of the world , for whom it was made in a secondary respect ? if the whole world without this order could not but return to a confused chaos and mass , and from thence to an annihilation , what other can be the condition of mankind without order established to preserve it ? see chrysostom's testimony upon rom. . cited above . if they will speak philosophically , they must confess habitus est naturâ prior privatione , the habit in nature is presupposed to be existent before the privation ; how come we then from our new-state-philosophers to hear , that anarchy was in nature , was in the world before government ? . fifthly , by the same ground , by consequence it will as necessarily follow , that ius paternum & jus maritale , the lawful authority of a father over his children , and a husband over his wife , are derived from the children and wife , and that children and wife in some cases may resume their power derived from them , and their native liberty . if any aver so , he is flagris dignus , to be cudgelled , not to be answered . . sixthly , this tenet if it be not blasphemous , it is certainly sacrilegious ; for to say that power is radically , originally , fundamentally inherent in the community , or as the observator saith , that in the people is an underived majesty , robbeth god and christ of his glory . scripture declareth them to be the immediate authors of all sovereignty , glory , and majesty , as we proved above . doth not scripture express the immense sovereignty of god and christ over the world and church , by the compellation of king ? if you will have kings then to be the derivatives of the people , take heed you make not god and christ the derivatives of derivatives , which any pious mind will be loth to think . . seventhly , when the king 's right is made to be such , that the same sovereign power is habitually retained in the people , and the power in some cases is resumable , how can you make the king's title complete ? law is against it , when the donor is dans & retinens , as jurists speak , giving a right , yet retaining it ; he maketh not over a full and entire right : nor can the donee lay just claim to it . it is a maxim without exception among them , nulla obligatio consistere potest quae à voluntate promittentis statum accipit ; the donor is not tyed to make his bond and gift good , if at pleasure he may resume it , as we spoke before . . lastly , leaving many absurdities more untouched , in the last place we place it , which in our judgment moveth us most to abhor it , that you which believe this tenet , must either give us new bibles , or find out new commentaries to the bible ; for what you say is right down opposite , and contradictory to all the bibles we have as yet seen : our bibles say , dixi dii estis , i have said , ( that is , god himself ) ye are gods ; & filii excelsi omnes , and all of you are children of the most high : your bibles ( or some as authentick as ours ) must say , diximus dii estis , & filii terrae omnes ; we the people have said , ye are gods , and all of you sprung from us , from the earth . we may say no more with scripture , dominus dat & aufert regna ; the lord giveth and changeth crowns and kingdoms : but it is the people that do it . it must no more be thought upon , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; that the powers that be are ordained of god ; nay , they are ordained of the people . david was far mistaken , who said , power belongeth unto the lord. for christ's potestas data de super , saying , that power is from above , and by donation from above , we must have it changed unto a potestas data de subter , that all power is given from below : infinite more of this kind may be adduced . let me intreat our brethren to consider , how sacrilegious a thing it is to rob god of his glory ; who hath said , my glory i will not give to another ; how tender he is of his divine prerogative , to be king of kings , and lord of lords , not only by his power over-ruling them , but also effective , endowing them with royalty from above ; how dishonourable a thing it is to place it in so wrong a hand , so base a prime subject ; how they disgrace kings and sovereignty , referring them to so base an origine ; how they put them in so ticklish and lubrick condition , that better being any thing than a king ; how by this mean they secure neither their persons nor functions , nor either can be truly or appellatively sacred ; how they open a door to all disquiet in state , in church , to all sedition and rebellion ; how they lead people on a way destructory to themselves , nay to humane society , and consequently any being at all ; how , finally , they serve the prince of disorder , and run head-long and head-strong to perdition ; from which , good lord , deliver both them and us . chap. xi . scripture by examples teacheth us , that kings of peoples making , have not had god's blessing , but have ruinated their makers . if any will look upon scripture with ordinary observation and judgment , it will appear , that when people have presumed by themselves to set up a king of their own , neither he nor they have been happy in that work . there is reason enough for it ; how can a blessing be expected , when and where god and christ are robbed of their right , and the people presumptuously usurp , and sacrilegiously intrude upon them . the first king the people of israel had , after that they were formed into a politick body , is moses ; who deut. . is termed king of ieshurun . to speak truly , the government then and till saul's days was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , god retaining the government in his own hands , and actuating it by his deputies and vice-roys . the people had no hand in making him king. he was far from them when god sent him to be king over israel . that his right was just , his government successful , none will deny . the next named king is abimelech , the base son of gideon , and as basely created king too . israel did offer an hereditary title of the crown to gideon , after that he had vindicated them from the tyranny and oppression of the midianites . he did refuse it ; he knew that was not the right way of purchase , nor gods appointed time come : iudg. . . after his death the bastard is made king , the first king we read of in scripture , who was the creature of the people : iudg. . consider how this work is hatched , perfected , and what is the end of it . he sets the work on foot by his alliance the men of sichem , to do for their own bloud and brood . he useth an argument that was strong enough in those dayes , better that he one and alone should reign over them , than the seventy sons of ierubbaal . it seemeth that the world was not then so much out of love with monarchy , nor doated so much upon aristocracy , as we do now in this declining age. a special mean to enable abimelech for the crown , and to effect this unlawful royalty , they agree to enrich him with sacrilege , by spoiling their god's temple , and taking out of it threescore and ten pieces of silver . to make all sure , a covenant is made , it is sworn too ; they were so much in love with this new covenant , that they called their god baal berith , the lord of the covenant ; they will have god to own the covenant , or then they idoled the covenant so much , that they would renounce god , if he would not be baal berith , the god of the covenant . what followeth upon all this ? abimelech enriched by sacriledge , strengthened by his alliance the sichemites , they bound to him , not onely by the bonds of nature , but by a tye of a sacred covenant , a vow interposed , all israel over-awed come to his side ; and the first act of their power and goodness is murther , they murther the seventy lawful sons of ierubbaal ; the engaged in mischief knew there was no safety , but to take away the right stock , root and branch . yet god miraculously preserved iotham , not onely to denounce gods vengeance against them both , the men of sichem and abimelech , the contrivers of this mischievous plot , but to see it executed . you see then , the first popular king ( i mean of the peoples making ) beginneth his work ( i mean his purchase of the crown ) with sacriledge , a covenant and cruel murther , and innocent shedding of bloud . look upon the success . he is made , he is constituted king , with an uniform , an universal consent : an universal and uniform consent is no sure argument , that the course so established is warrantable , and approved by almighty god. look upon more yet , abimeleeh becometh strong , flourisheth , reigned over israel three years : iudg. . . well near antichrists time of endurance , he kings it royally , successfully ▪ judge not then of a course by a speedy , a universal , a successful success , to conclude , it is gods work , and marvellous in our eyes . it is hard to work great works but with great time , our nature is averse from that , the devil and the world do contribute their wisdom and power to impede a good work. it is not so in bad courses ; moses could scarce discipline the people of israel in the space of forty years , in the school of the wilderness , to obey god , but in forty dayes they were able enough to erect idolatry and practise it . the apostle saint paul wondereth that the galatians were so quickly turned from the truth of the gospel . but to reclaim them from their errours , was as toilsome and longsome pains and travels , as a woman hath to bring forth a child . although vengeance be delayed , it will come at last : it cometh with leaden feet , but hath iron hands . iotham's curse ( who for ought we read , was the onely man durst speak against the course ) will come at 〈…〉 and devoureth sichem , and a fire cometh out from sichem and destroyeth abimelech . the first stroke of vengeance is upon the first covenanters and associates : by the means and strength of the sichemites , abimelech is made king over israel . the first divisive motion is there ; the text saith , god sent an evil spirit betwixt the men of sichem and abimelech , and the men of sichem dealt treacherously with him : v. . the first who gave him the kingdom , sware and covenanted with him , are the first traytors , or rather the scourge of god to begin his mischief . but how , i pray you , goeth this work on ? you have covenant after covenant . the first oath was unlawful , now treacherously they sware another oath against him . what is the solemnity ? they keep a solemn festival ; ( religion must ever be a stalking horse ) they go to the house of their god , they seal a new covenant , a new association ; they not onely unking him , but also excommunicate him too : v. . no covenants , no associations , seal them , strengthen them with oaths as many as you will , with sacraments too , making sacramenta pietatis vincula iniquitatis , the seals of piety , the bonds of iniquity , they will neither bind sure , nor make unlawful pacts or compacts lasting . read and consider psal. . psal. . the story is worthy your looking on . come on then . zabul , abimelech's governour at sichem is over-awed , he must comply with the second covenant . abimelech advanceth with his forces towards sichem , killeth them that sallied out , man 's the gates , enters the city , kills all in the city , except such as flee to the tower : they escape not , all of them are consumed with fire . you see then how the first authors 〈…〉 when he hath done vengeance upon them , he blocks up thebez ; god having done vengeance by him upon the faction , he taketh vengeance upon abimelech , kills him by the hand of a woman , a dishonourable end , for a king , a souldier , and that by a piece of a milstone which crushed his skull . to shun ignominy , he calls to his armour-bearer to kill him by his sword , that it be not said hereafter , that he died by the hand of a woman . this is the first king we read of in scripture that was the creature of the people : how he atchieved it , how he managed it , and what end both he and they had , is enough to make us fall out of love with popular kings , the donatives of the people . to this same purpose some bring the example of ieroboam , who hold that ieroboam was king only by gods permission , and not by his commission over the ten tribes ; and that to punish solomon in his posterity for his uncleanness and idolatry . many things might be said pro and con ; we purpose not to dispute the point accurately . the reasons which incline some learned men to hold this opinion , amongst others , are these : that there is no anointing bestowed on ieroboam at his entry to the kingdom . the symbolical ceremony of his entry is expressed , by renting of a garment in twelve pieces ; he taketh ten of them to himself , scripture mentioneth not the giving of them . the people grieved , pitch upon ieroboam ; either by him to get redress of their grievances , or otherwise , if that be refused , to assume him to be their king. consider how the change is effected : there is a specious shew made of a glorious reformation , of easing the subjects of many great pressures , with which they were overburthened in solomon's reign : by heavy impositions laid upon them to build the temple , solomon's palaces , and to entertain the magnificence of his court , never so rich as in solomon's reign , and never more grudging complaining . these pretences were no less specious and real , than the specious and spuririous pretences of our glorious reformers , and zealous patriots to day : great promises are made , great hopes of better things are conceived , but behold the issue . god in his secret but just providence left rhehoboam to the power of bad counsellors , he refuseth redress of grievances , the ten tribes revolt , enthrone ieroboam and made him king. to bring all to a wished end , the people and their new king begin at religion . religion must ever be pretended , whatever be the work , whatever be the intention . how is religion entreated ? by king and people it is subordinated to policy . religion is made as hangings for the house . new calves , new altars , new feasts are erected and instituted : with a specious protestation and profession , that god may be more frequently , more fervently served ; and the people with more ease to attend , to frequent the service . to this purpose , the calves are erected at dan and bethel . the way of serving god before established was too too troublesome ; the true cause was , the king feared if gods ordinance were kept , and the ten tribes should go to ierusalem to keep the solemn feasts , do god service according to his prescript ; true religion preserved would reduce the ten tribes , to their due obedience to the house of david . new devices in state , in government , necessitate the authors and abettors to new devices in religion . that this work may have no rubbs , the old priests must be gone ; the tribe of levi must be rooted out root and branch : it cannot be , but the old levites will cross the new established government . the basest of the people , tinkers , coblers , coachmen , mechanicks , &c. become ieroboam's and his new subjects priests . this done , he and they take as much authority over and above their god , as before they did over and above their king : a calf must be their god. what is the success ? here is a thorow reformation in church and state , all is unanimously agreed upon by king and people . consider the consequents : they make to themselves a king to remedy their grievances ; the king maketh them cast-aways . they banish from them the true levites , they place in their stead the scum and dross of the vulgar . by him and his successors all the erroneous religions amongst their neighbours are admitted and received ; any religion is allowed except the only true one . but what ? is not the king by this made glorious at home , and terrible abroad ? no : no such thing . he is made the reproach of all kings ; his motto for ever is , ieroboam that made israel sin . this is all his excellency we read of in scripture , this is the horn of his exaltation . how fare the people ? free-born people , under a lawful and just king of their own , setting up a king of themselves , wrought and effected at last their own , their kings , their states utter extirpation , and of free-born subjects become the slaves of strange kings and kingdoms . this story duely considered , is able to rectifie the errours of this time , if mens minds be not fore-stalled with damnable prejudice . it layeth open to us , that kings when they are peoples donatives are not succesful ; and discovereth , how popular reformations ( so much now in this distempered age cryed up ) are not gods ordinance , and most unhappy in the end : howsoever for a time , when god is to punish a nation , they may have some seeming success , and some lasting durance ; god in his wisdom giving way to them to punish our sins , and to try our constancy in his truth . both the one and the other story prove , that these courses when they prevail are the worst of judgments . if you joyn them , and be pleased to parallel them with our times , you will find a full 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , remonstrance and resemblance with us in many fit resemblances ; my prayer to god is to give us all repentance , and that speedily , lest the like or worse befall us , when we shall have neither opportunity nor place , nor power to help it , and too late acknowledge our errour . all divines do rightly hold , that omnis christi actio nostra instructio , never was any thing acted by christ , which hath not in it something to instruct us in christian knowledge and duty . that christ was truly a king born , we proved it before ; the wise men did him royal homage while he was in his swadling-cloaths ; he entered ierusalem in royal pomp and magnificence ; when his disciples honoured him by the name of king , he did not refuse it ; when the iews were offended at it , he told them it was not just , but also necessary ; and if all should fail in that duty , the stones would proclaim him king , and do him homage ; he avouched it before pilate , when he was looking death in the face ; by a special direction of gods providence it was written upon the cross , the altar where he offered that propitiatory and expiatory sacrifice ; his grave was sealed as kings tombs use to be : from the cradle to his cross , from his mothers womb , till he is buried , in all the times of his life , his royalty and kingdom is manifested . notwithstanding of all , when the people would have made him a king , he disclaimed it , he would have none of it . when by commission and trust he might have been arbiter , umpire betwixt two brethren differing about the moitie of their inheritance , he refused it . many reasons for it , but without all controversie this is one , to teach all christians , that sovereignty cannot be derived from the people , from the communitie : he would have none of that dignity from them , he chose rather to want it , than to have it from a wrong hand . it is evident by what we have said , that sacred truth , as revealed to us in scripture , as understood by the fathers and martyrs of the primitive church , and sound reason , doth plead for the truth we maintain , that sovereignty and royalty in a king , is by immediate dependency , derivation , and collation , from god and christ , who are kings of kings , and lords of lords ; and it is not onely a simple errour ▪ but pernicious , sacrilegious , and derogatory to the honour of god and christ , to make it to be derived and transferred from the underived majesty of the people ; and that in such a measure , by such a tenor , that they have it in what portion , what proportion they will bestow it , with no more certainty and security than to be tenants at will , to be enthroned , dethroned , kinged , unkinged at their pleasure . having said enough ( although but little in regard of what may be said ) to establish the positive part , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we come now to take off 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their pretended grounds and principles , upon which they build ●his their babel . and these onely in this question , which have nearest alliance and contingency with this ●irst question ; the rest we will take off in discussing ●nd debating the subsequent questions , as they are most proper and homogeneous to them , and every one in ●ts proper place . chap. xii . wherein three grounds of our adversaries are taken off and disproved . as , . that the interposing of an humane act in the constitution of a king , doth not hinder the sovereignty to be immediately from god. . next , the inconsequence of that sophism , a private man may make away his personal liberty , and enslave himself to another , ergò , a people or multitude may do the like , and invest a king with sovereignty , is detected . . the true sense of quisque nascitur liber is given , and the false gloss of the adversaries is discovered . the jesuit is so learned , that he knoweth and acknowledgeth that an humane act may be interposed , and the effect wrought , produced , may be the immediate work of god ; the ignorance of the sectary , and weak christians stumble at it ; for nothing is more frequent in the mouthes of the vulgar and less knowing sort ; where hath god manifested from heaven , that such or such a one is king ? and the observator himself conceiveth the sens● of our tenet , that the king is immediately of gods appointment and constitution , cannot in any other notion be verified , except we can shew a particular revelation for every king invested with sovereignty by a revelation from heaven . it feareth me he will take 〈◊〉 ill , if we marshal him with the vulgar and less-kno●●ing sort ; and yet without disparagement to his oth●● abilities , we must conceive him to be a small intelligent in divinity , if he conceive that no power can 〈◊〉 in man by gods immediate working , except he 〈◊〉 shew him a revelation from heaven , by the ministe● of angels , or some extraordinary prophet . in stating the question , we cleared this point sufficiently to an understanding man ; yet give me leav● for the better satisfaction of the weaker coctam repone● cramben , to resume and repeat some of that we hav● said , with some additions and illustrations . it is not to be denied but in the ordinary cons●●●tution of kings , some humane act interveneth , and 〈◊〉 interposed ; as election , succession , conquest , & ● yet this may very well subsist , with the immedia●● collation of royal power from god : to make th●● plain , consider that a thing is said to be immediate 〈◊〉 from god two ways . first , when it is done by go● sine quocunque signo creato , & sine quacunque dispositio● praeveniente ; that no created sign or previous dispo●●tion interveneth or precedeth the work done ; th● nothing is immediately said to be from god , b● what is by immediate manifestation from himself , 〈◊〉 by the extraordinary ministery of angel or prophet as 〈◊〉 moses was made captain over israel , saul and d●●vid were made kings of israel . . next , when go● worketh or effecteth the work , yet so as some disposition , sign or created act is previous and antecedent to , or coherent with the work effected . by baptism the baptized obtaineth remission of sins and renovation of nature ; this effect is immediately wrought by god himself : the reason is evident , because aspersion of , or immersion in water of their own nature cannot take away the stain and guilt of sin , nor state the baptized in the state of adoption and regeneration . the school expresseth it barbarously , yet pregnantly enough ; deus concurrit ad , god is concurrent and operateth with his ordinance , and by his influence supervenient of his grace and power , effecteth that which baptism in its nature abstractly cannot produce : so as remission of sin , and regeneration consequitur ad baptismum , followeth with , and is conjoined with baptism . the school giveth us the way to discern it when it is so ; and that is whensoever signum creatum , the interposed act or previous disposition hath no natural contingency with the effect , the work wrought must be produced by some supervenient extrinsecal more eminent agent , which is god. schoolmen do confess that the sacraments do not confer grace vi naturali , physicâ & inhaerente , by their natural , intrinsecal , and inherent power ; but vi morali , supernaturali , & superveniente extrinsecâ , but by some extrinsecal supervenient power . the like you may observe in sacred orders ; it is confessed amongst all understanding and sound divines , that by admission into sacred orders the admitted receiveth a supernatural power in supernatural things , for supernatural ends . this is not done without the interposing of an humane act , the imposition of the bishops hands , and yet it is most certain , this is not done by the bishops act , it is the power of god concurring and cooperating with his own ordinance . in moral things you may see the like , a man marrying a woman , becoming her head and lord , there precedeth this power and right , a created humane act , the voluntary consent of the woman ; yet it cannot be said , that her consent endoweth or investeth the man with this marital right ; it floweth from , and followeth immediately the inviolable ordinance of almighty god : and this tye is so strict , so perpetual by the same ordinance , that it cannot be made void but by god himself ; no man can put asunder , whom god hath joyned together . this holds in the constitutions of kings . some humane act , as election , succession , or conquest is interposed , but none of them hath any natural contingency with sovereignty and majesty , that by their intrinsecal power they can collate it , produce it , work it , or effect it . the collation must necessarily then be immediately from god ; and the same way as in sacred orders . this was the sense of the ancient church , who ordinarily institute a parallel , betwixt prince and priest ; that as the priest hath his sacred power spiritual immediately from god , so the prince hath his sacred sovereign temporal power independently from any other , and solely dependent from god. hear them speak it in their own words : hosius spoke so to constantius the emperour ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vide athanas. epist. ad solit. vit . agent . the sense is , hosius acknowledgeth that kings and emperours have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sovereignty and royalty , as independently , as immediately from god , as bishops and priests have the trust which is peculiar to them ex vi ordinis : and averreth , that it is no less intrusion upon god surreptitiously to invade the kings right , his prerogative , than for any not called to the ministery , to intrude upon the sacred function and charge of bishop or priest. the passage is excellent : . kings are kings , quà kings reduplicativè , immediately from god , and by his donation of power . . as priests have a power incommunicable to any besides , so kings have their sovereignty incommunicable to subjects , or any else . . that to rob , or surreptitiously to steal from kings their sacred prerogative , is sacrilegious usurpation , presumptuous intrusion upon god himself ; no less , if no more , than for a lay-man to intrude upon the holy function and charge of bishop or priest. neither athanasius nor hosius , nor any father else understood , but that princes had their power as immediately from god as church-men in sacred orders . to the greek fathers joyn the latin. saint austin de civit. dei , lib. . cap. . saith , solus verus deus dat regna terrena bonis & malis , &c. neque hoc temere , neque fortunâ . sed pro rerum ordine ac tempore , occulto nobis , notissimo sibi . it is the only true god , none else , man nor angel , that giveth kingdoms : and that not only to good , but to bad kings ; and this is not done casually by hap-hazzard , but in wisdom conform to the exigency of the time , of men living in the time . how it cometh that sometimes bad men are kings , sometimes good men , it is of his wisdom , in a secret dispensation most evidently known to himself , hid to us ; but for all this , always just . i wish our sectaries would hear and believe this lecture of saint austin's ; certain i am , the holy and learned father knew they came not to their crowns , but by some interposed act of election , succession , conquest , &c. notwithstanding , he will have all their sovereignty , majesty and power solely from god. symmachus the pope writing to anastasius the emperour , speaketh thus ; tu defer deo in nobis , & nos deferemus deo in te : which words formally and explicitly imply , that royalty in kings is to be reverenced and obeyed , as in gods immediate vicegerents upon earth , as god is to be obeyed in church-men his immediate vicegerents in the work , and supernatural acts and effects of the gospel . to this patriarch add the suffrage of another great one , cyril of alexandria , lib. . in ioh. cap . where amongst other things to this purpose he saith , et homines quidam à deo accipiunt ut aliis possint dominari . review again that excellent passage of the council of paris , lib. . cap. . constat ergo , quia non actum , non voto , neque brachio fortitudinis humanae , sed virtute i●● occulto judicio dispensationis divinae regimen confertur terrenum . it is in the opinion of these fathers in this council assembled , that no act humane whatsoever , which is interposed in the constitution of a king , maketh him king , but only virtus , & occultum judicium dispensationis divinae , the power , the secret and incomprehensible judgment of god , in his unsearchable dispensation . review the passage : sam. . v. . and the lord sent ierubbaal and bedan , and iephtah , and samuel , &c. here you see the sending of iephtah to be judge , is no less given to god. than the sending of gideon and samuel , whose calling was by extraordinary revelation . compare this passage wit● iudges . there you will find that iephtah came to be judge , by a covenant made betwixt him and the gileadites : here you have an interposed act ▪ and a great one , that seemeth to serve much for your purpose ; you have a covenant , a compact . yet notwithstanding the lord to shew this act , this compact , this covenant contributed nothing to make him judge ; the lord himself in authorizing him as judge , vindicateth it no less to himself , than when extraordinarily he authorized gideon and samuel : . sam. . v. . a place , an argument unanswerable : which bringeth home two conclusions ; the one , that the authority and power is from god ; the other , that whatsoever act intervening , if it were a covenant , it contributeth nothing to authority , cannot weaken it , cannot repeal it . by scripture then and antiquity it is clear , that the interposed act humane whatsoever it be , whether election , succession , conquest , or any other lawful way , doth not collate the power , but design or declare the person , and letteth not the power to be of immediate collation from almighty god ; as when the church designeth or declareth a man for a sacred function , it is god only who bestoweth the supernatural power , faculty , and ability . or it is in some case like to that , when our king sendeth the honourable order of the garter to a duke or prince abroad by the hand of a gentleman , the gentleman intimateth it to the person honoured , but the bestowing or collating of the honour is from the power of the king , the sole and proper fountain of that honour . let this suffice to remove their first scruple : we come next to examine that which both jesuit and puritan make much of , that is , a private and individual person , may make away his own native and proper liberty , and enslave himself to a lord and master ; from hence they conclude , ergo , a community or multitude may surrender their own native liberty to one or more to rule over them : see bellarmine pressing this argument , lib. de laicis , cap. . and suarez , lib. . defens . doctr. orthod . cont . sect. anglic. if we would grant all this , yet this much we will gain , that as a singular person , when he hath made away his liberty to another , he cannot resume it , no , although he hath made his bargain in a hard condition , disadvantageous to himself ; then although we give that their consequence is good , which we will never grant , it will by as necessary consequence follow , that when the people have devested themselves of that power naturally inherent in them , and invested one or more with it , they cannot resume it , no , not though they have made it to their own disadvantage . it may be they will tell us , argumentum à simili in dissimili non concludit , that an argument built upon a similitude concludeth not in the point of dissimilitude . we will yield to them this with both our hands , and upon the same ground we rejoyn , that there is a wide disparity and difference betwixt the two . . first , because it is certain , nemo nascitur naturâ servus , none by nature cometh in the world in the condition of a slave . nature in this is equally indulgent to all . but on the other side , it is as true , nemo nascitur liber ab imperio , no man is born in that condition to be free from government , but with his natural being cometh into the world subject to some . every man is born subject to his father , of whom immediately he hath his existence in nature , and if his father be the subject of another , he is born a subject to his father's superiour . . next , there is another great difference ; every man by nature hath an immunity and liberty from despotical and herile empire , and in this may say , possum facere de meo quod volo , i have this privilege by the law of god and nature , that i am enslaved to none : and consequently , without his own voluntary act , making away this native and natural liberty , he cannot be devested of it ; and in his bargain and covenant , may more and less enslave himself : but on the other side , god and nature have laid a necessity upon all men coming into the world subesse imperio , to be subject to government . again , because this government , this empire , this sovereignty cannot protect us sufficiently , to make us enjoy the sweet fruits of happy government , peace , righteousness , plenty , godliness and honesty , except it be entirely endowed with sovereign power to act its duties , preserve it self , protect us : almighty god , as he investeth the sovereign with entire sovereignty , so hath he set the bounds of it , defined it ; otherwise , such is the corruption and natural repugnancy of every one to it , that forthwith it should be rent in pieces . it is accidental to any to render himself a slave ; it is occasioned either by force , as when one is taken by an enemy , he is mancipium , servus : or otherwise some extreme necessity and indigency forceth one to enslave himself , to sell his liberty , to redeem him from debt , death , or any ignominious and intolerable condition , to state himself in a more tolerable one . in brief , it is some supervenient necessity that forceth man to make away his native and natural liberty à servitute : but subesse imperio , to submit and subject to lawful government , congruous to the condition of man , and necessary and convenient for the happy being of man , is natural , is necessary by the inviolable ordinance of god and nature . this answer to their second sophism cleareth the sense of their maxim , so much cryed up , and so much abused , quisque nascitur liber , every one is born a free man ; that we need not insist much upon it : yet to make the general sense of the maxim appear , and to discover their adulterate and bastard sense ; we say , it is most true , that quisque nascitur liber à servitute , every man is born a free man from slavery ; but nullus nascitur liber ab imperio , none is born exempted from the subjection of lawful government , without a subordination and subjection to a superiour : christ , as man , was not exempted from this : it is recorded in scripture , luke . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he did subject himself to ioseph , his putative father , and mary his true mother : the word in the original is the same which the apostle useth , rom. . . commanding obedience and subjection to higher powers . it were very fit our opposites would consider what power the father had over the children , by the law of god and nature ; that to redeem himself from debt , from any distressed state and condition , he might have enslaved his children begotten of his body . if this power was not by the right of nature , by the warrant of god , i can see no other , for it could not be by a mutual and voluntary act of father and children . to shut up all in few words , give me leave to put you in mind , that the stoicks observe three notions of servitus , of service and subjection . . the one is , when a man , contrary to native and natural liberty , is made a slave to a lord or master : this they call servitutem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , when a man hath power to command , use , dispose another man's person , as his other goods , at pleasure : for this cause the scripture standeth not to call a servant his master's money . . the other is , when a man's person is confined or committed , that he is deprived of living at liberty as he lists ; as criminals or debtors ; this kind of servitude they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , when the liberty of going where we will , or doing what is lawful at pleasure , is taken from us . . the third is , a servitude , as they call it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , consisting in subordination : in the first sense , every man is born free : in the second sense , some onely by misdemeanour or misgovernment are restrained from the liberties of free subjects : in the third sense , no man is born free , but subject to his father , and to his father's father , his father's sovereign ; so that all are born tyed to obeisance and duty of allegiance ; and seeing christ fulfilled so all righteousness , that he subjected and submitted himself to his parents , and to caesar too , we must deny to be christians , if we deny that we are born under the tye of allegiance . of these three enough , we haste to consider some more of their popular maxims and sophisms . chap. xiii . the maxim , quod efficit tale , est magis tale ; or propter quod unumquodque tale , ipsum magis tale ; or constituens constituto potior , is examined . rossaeus and brutus , and after them the observator have abused this maxim infinitely to the great abuse and wronging of sovereignty , and to advance the subject above the king , the disorderly rout of the multitude above the lord 's anointed . the observator enunciates it thus , quod efficit tale est magis tale , that which maketh any thing such or such , is in it self much more such or such ; he assumes , but the people make the king , give him all the power and majesty he hath : ergo , the people are above the king , &c. aristotle pronounceth the maxim thus , propter quod unumquodque est tale illud ipsum est magis tale . rossaeus , brutus , bouchier , and others give us it thus , constituens constituto potior , the constituent is more excellent than the constituted : but the people are constituents of royalty : ergo , &c. howsoever they differ in the expression , they agree in the sense : let us examine it . it were fitter to reserve this to our fourth question , but seeing the observator maketh it his first ground , we resolve to shew the weakness of it here . we premise this , although we would grant their major , their maxim , in the greatest and most vast latitude of their conception , the argument concludes not against us ; for the assumption is as false as falshood it self : we have proved that the people in no notion imaginable , whether diffusively or collectively , or representatively taken , are either the efficients , or constituents , or donors , or authors sovereignty or sovereigns : we might therefore without hurt to the cause we maintain , grant their maejor , their maxim. yet that we may undeceive the simpler sort , we will a little scan the truth and proper sense of the maxim and major . it is no less truly than usually spoken , qui versatur generalibus , versatur dolosè : there is no readier a way to deceive the ignorant and little knowing people than by abusing general maxims , which are current , extending their force farther than they can reach . if commons , and almost all , even of better place and understanding , were not too violently zealous for , and impatient of instrusion upon , or violation of their supposed rights and liberties , and were not by the corruption of nature too too apt and facile to entertain suggestions which are plausible to their fancy and humour ; and withal were not wanting to themselves in moderation , they could neither trust nor magnifie so much such specious , deluding , and deceiving sophisms , nor would they so madly and closely adhere to their masters and teachers of such doctrines , as to be inflamed with fury , to become mad in impiety and rebellion , with such impetuosity , that they cease not , till they become their own instruments , to ruine themselves totally , and to bring upon themselves the imaginary and groundless evils that they most fear from others . philosophy teacheth us , that all such general maxims must be bounded and limited with their own true limitations and qualifications , otherwise they conclude not necessarily , firmly . i learned of aristotle in the school , that this maxim , propter quod unumquodque est tale , illud ipsum est magis tale : requireth necessarily , before it bring home the conclusion , two conditions . . the t'one is , vt utrique insit , that what you are to conclude , be both of them in the efficient and effect . . the t'other is , vt recipiat majus & minus , that that is really in both , and predicated of both , have such a latitude , that it hath a capacity of more and less . without these limitations the maxim will conclude too much , which in right logick is the equivalent of that , to conclude nothing . seeing we intend a popular way , that the shallowest may understand it , let us prove what we say by instances to the contrary , by examples to the contrary . it is against sense and experience to conclude , this maketh such a thing such , ergo , it self is much more such : for by the same way i reason , what maketh any thing drunk , that is much more drunk : but wine maketh a man drunk : ergo , wine is much more drunk . this concludes not , the reason is , because a man may be drunk , but drunkenness is neither inherent in wine , nor accident to wine . this is taken off then by that limitation , v●rique non inest . again , scintilla ignis ab ictu silicis , a little spark of fire from a flint-stone falling into a magazine of powder , putteth the whole magazine into a fire , and that the town or castle ; will it follow hence , ergo , that little spark of fire from the flint is a greater fire than when a whole city is a fire ? i know to this may be answered , a greater fire it is when the castle is in fire , but no more fire ; the difference being only in degrees of extension , not of intension , as philosophers speak : next , that the scintil from the flint-stone is magis tale , more so , than the city inflamed , or the castle incensed , because it is so effectivè & formaliter , both formally in it self , and effectively the cause of the other ; the other set on fire by it , is only formaliter , formally so ; because this is not so easily intelligible by every ordinary reader , i speak more plain . the parliament cannot like these maxims of the observators , and if they see and judge right , they must make an order against them , and this especially ; for by this ground it will follow inevitably and necessarily , that the counties and corporations of england may make void all their commissions given to the knights and burgesses of the house of commons , and send others in their place . nay , more will follow , that they cannot make orders and laws , but that the counties and corporations may make much more , undo what they do , repeal what they establish , establish and enact the contrary . frame the argument ; the constituent is better and higher in place and dignity than the constituted ; but the counties and corporations are the constituents of the knights of shires , and burgesses in the house of commons ; ergo , they may void their commissions ; ergo , they may change the commissioners , send others in their place ; ergo , they may repeal their orders , establish other laws contrary and contradictory to theirs , &c. and many more absurdities may be inferred from hence . this made buchanan ingeniously maintain , that orders and laws in parliament were only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , precognitions , till the whole people gave their consent , and had their influence authoritativè , upon the statutes and acts of parliament . by this you may know where he put the legislative power , in the community ; and this is with more shew of reason than the observator's tenet , who holdeth that the legislative power is in the parliament ; and yet buchanan is more justifiable for this reason ; because , where majesty is , there is legislative power , but according to the observator's mind , in the people is the underived majesty ; let him then come home to the scotish tenet , and make it an article of their new covenant , or new creed , ( if they will ) that the legislative power is in the people , and the parliaments orders and statutes are only preparatory precognitions : i know the observator thinks to salve all this , that the whole power of the gentry and commons is entirely transferred from the collective body to the representative , the parliament . to this we answer two things : . the first is , ye and your brother-assistants the scots are not of one mind , for in the beginning of the scottish troubles , when the subjects there were preferring petitions , by their declarations and protestations , they put all the power in the collective body , and kept their distinct tables . . next , speak ingeniously and candidly , observator , shew us the reason of the difference of the disparity , why the whole entire power of the community ( if any they have ) should not be totally and entirely derived from the people to the king , when they devest themselves of their underived majesty , and invest the king with it , no less than the whole entire power of the whole kingdom is devolved upon the two houses , and that irrevocably too , to hold in the king , as in your knights and burgesses : you are not able to shew it , but what with one hand you take unjustly from the king , with another , but a wrong hand , you ascribe to the parliament . it is like in times succeeding and after-ages our wise kings will learn to know what is their power , place and prerogative , by that the parliament hath assumed to them , but we are hopeful they will never exercise it with such cruelty and tyranny . i many times think upon it , that as the extravagant ambition and usurpation of the pope of rome , robbing kings of their sacred right , and assuming to himself such superlative transcendent power for himself and his see , both in spirituals and temporals , hath wakened christian kings to consider better of their sacred prerogative ; and by what he unlawfully and antichristianly assumed to himself , in temporalibus , to know what trust god almighty hath given to his vicegerents , his kings ; so i am hopeful , if god hath mercy reserved for these kingdoms and church , right bounds and limits will be set to subjects , which will produce happier and sweeter fruits of government , than we see or feel from these corrival , co-equal , co-ordinate , fansied powers ; and sovereignty and royalty be better rooted , which god of his mercy grant for the good of his church , the happy estate of the kingdom , and honour and right of our king. if what is said be not enough to shew the weakness of these popular sophisms , i come nearer to the observator , and put it home in a case , where i dare promise he will say it is sophistry : by this way of reasoning i will prove ; there is no better way for the observator to improve his wealth , than to make over the right of all he hath to me : the argument will hold good , quod efficit tale , est magis tale ; he that maketh me rich , by giving me all his goods moveable and immovable , maketh himself richer ; but the observator by giving of all his goods ( my assumption should have been hypothetical , for positively i know the gentleman will not do it ) to me , maketh me rich , ergo , he maketh himself more rich . this logick , i conceive , is not so powerful as to cheat him out of his natural , rational faculty , and so cheat him out of all his lands , chattels , and revenues : yet it may be by an order of the house , that in some case this logick may serve to good purpose , that the people giving the twentieth , the tenth , the fifth part , or the moity of their moneys and revenues , and all their plate , to strengthen the parliament , to advance the good cause , to cherish ( if we will speak truly ) and foment this present rebellion , it will not lessen their wealth , but enrich them more ; because quod efficit tale , est magis tale , it maketh some rich , and consequently the donors much more rich . certainly , if this logick hold , it must be in great request , for if this logick do it not , few can see how the publick faith can be kept ; divinity and church-rents ( if you sacrilegiously rob god , which god forbid ) will not do it ; it must be some sophism like this , some sophism in this kind , that must answer for publick faith , refund the moneys borrowed from just creditors , and repay the wise undertakers , qui spem pretio emerunt , who have brought their hogs to a good market . to apply this shortly in few words ; if i remember rightly this maxim , quod efficit tale est magis tale , i learned in the university , to be understood , de principio formali effectivo , of such an agent as is formally such in it self , as is the effect produced ; next , that it is such as is effective and productive of it self , as when the fire heateth cold water , it is hot formally in it self , and maketh water hot likewise . by which it is necessary , that the quality inherent in the effect , be formally inherent in the agent ; for this reason it is , that wine cannot be said to be drunk , because drunkenness is no wayes inherent in wine , nor can wine be capable of it ; and this made aristotle qualifie his maxim , quod efficit tale est magis tale , modò utrique insit . and this insit utrique , that it be in both , maketh that the maxim holds not in such agents who operate by donation , for he that is the donor denudeth himself of the right and power of that he giveth to the donee . so here this condition faileth too . and consequently , if the right of the king were transferred by derivation and donation from the people , the donation devests them totally of it , except the king have it by way of loan , which to my thinking never any yet spoke . next , it is required , that there be a latitude , and that that is effected be capable of a latitude of more and less , as when ( as i said before ) fire heateth water , the heat of the fire is more than the heat of the water . lastly , some add too , that the maxim must be understood ante effectum productum . now all the argument falleth to the ground , for sovereignty never was , nor can be in the community ; sovereignty hath power of life and death , which none hath over himself , and the community conceived without government , all as equal , endowed with natures and native liberty , of that community , can have not power over the life of another ; and so your maxim may be turned home again upon your self , for if the people be not tales , such by nature , as have such power , they cannot constituere tales , make such , that is , kings endowed with such power ; but sure it is , ( as it is said ) they have not power of life and death , to take away their own life , or anothers : ergo it must be from god , the living god , the god of life . seeing you make so good use of your logick , give me leave to practise logick upon a more sure maxim , which is this , omnis effectus est in efficiente vel eminenter , vel formaliter , whatever is in the effect that must be in the efficient , either formally , or in a more eminent and superlative way ; but there is something in a king , which is not in people , either eminently or formally : ergo , the people are not the efficient and constituent of a king. the minor and the assumption is clear , the king hath the power to take away the life of man , which is not in the people , whether you take them severally and singly , for no man hath power , or may kill himself : or whether you take them joyntly , for if none hath power over his own life , much less over his neighbour's ; and your grounds besides presuppose , that all men are equal amongst themselves . that the sovereign hath this power , who is so mad as to deny it ? gen. . rom. . he bears not the sword in vain . lastly , this maxim , quod efficit tale , est magis tale ; constituens constituto potior , holdeth well with our tenet . thus , he that maketh kings , and endoweth them with power , is much more a king himself , and hath much more power : but god and christ make kings , ergo. the assumption is clear , for god is king of kings , and lord of lords , to him all power belongeth ; here then , utrique inest ; and for the other recipit magis & minus , it is certain ; for the power of all kings upon earth , that ever was , are , or shall be , have no more measure and proportion to his power , than a drop of water to the ocean ; his power is like the light of the sun ; their powers but a borrowed light , like to that in the moon and stars . the king's power related to god is not univocal , it is onely equivocal or analogical ; and that to be doubted of too ; for philosophy telleth us , finiti ad infinitum nulla datur proportio . it is more than apparent then , that this maxim is onely abused by the deceivers of this time , to make themselves and the people both of them miserable . and the maxim will conclude , that the sheba's and shimei's , these authors and incendiaries of rebellion are more miserable , and shall receive ( if not in this life , yet in that is to come ) without extraordinary repentance , a greater condemnation , for they kill both body and soul. they make the simpler sort of people miserable , by setting them on upon rebellion against god and his anointed , to the destruction of state , soul and body , temporally and eternally , to the reproach and disgrace of christian , catholick , reformed religion ; and infallibly by necessity of consequents , and necessity of consequence , they make themselves most miserable ; for , quod efficit tale , ipsum est magis tale . chap. xiv . other grounds of the iesuit and sectary are removed and disproved ; as that ; that neither scripture nor nature determines the specification of government ; nor do they intimate , why this man more than the other , or he than a third ; or these more than those , should have the power of government . and that great one is taken out of the way , whereby the variety and difference is found in several monarchies , it is more than apparent , say they , that monarchy is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by the voluntary composition and constitution of man. our sectaries have borrowed , as we told you before , their great ordinance of battery against sovereignty , from the jesuits magazine , any who is read in them knoweth well enough how they triumph in those arguments , crying out till they be hoarse again : . first , neither scripture nor nature teacheth that monarchy , aristocracie , and democracie , or any other imaginable spece and kind of government , is the necessary government of humane kind and society ; but that the specification and determination is arbitrary , and of the constitution of man. to this same purpose is that other , neither the law of god nor nature demonstrate , why this man more than the other , he than a third ; why these more than those , should have the sovereign power . . another great piece of battery is that , that there is such a multiplicity of variety and differences of kings , and royal power in the kings of the world ; ( look , say they , upon spain , france , britain , &c. ) that this must necessarily argue , kings are of peoples making ; and their power is in that portion and proportion , as it pleaseth the people to entrust them . . the third is , all humane societies are perfect republicks , and as they have in them originally a power to appoint their government and governours , so they have a power to preserve themselves , and in case of mis-government , they may resume their natural , native , and original power , rectifie by themselves what is amiss ; otherwise it must be that god and nature have left them remediless . the first two we will handle in this chapter , the last in the ensuing . to answer the jesuit first in gross to all ; however he be wary enough in all his courses , yet in pressing these arguments against monarchy , to prove that monarchy is by humane institution and constitution , and not by immediate collation from god , he is not so prudent : for mutatis mutandis , with a little change , losing nothing of their force ; these arguments 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 retorted , and turned home upon the jesuit , will bring home the conclusion , that the pope is not of divine institution , hath not infallible and universal jurisdiction , but is somewhere and by some censurable , in case of mis-government . first , i pray you , is it demonstrable by the letter of scripture , or by necessary and evident consequences and consequents deducible , that the pope of rome ought and should be universal monarch of the christian militant church , christ's vicar in the external government in the church , the true successour to the ordinary power and place of saint peter , and secured from all errour in points of faith , worship , and manners ? that ever saint peter himself had so much , neither scripture nor antiquity speak for it ; nay , they speak the contrary . and if it were granted to saint peter , where have we warrant in scripture or sound antiquity , that the pope of rome and none else is the true and lawful successour of st. peter ? we will allow them , that if by antiquity they can make it appear that it is so , we will yield what they demand . but as they frame the argument against us , they must give us this in scripture , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in express terms , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by immutable and pregnant consequence . if scripture plead not so much for the pope , it is more than certain , that nature is as mute as a fish in it . who ever dreamed that nature dictates , that for the good and happy preservation of the church , there must be one universal , authoritative , infallible head , and this man to be the pope of rome ? next , let them shew to us , where in scripture , or otherwise , by irrefragable demonstration , it can be made appear , that gregory the fifteenth , or vrban the eighth , or any else , should be pope more than any other . again , let us give to bellarmine his tenet , which he maintains , lib. . de pontifice romano , where he endeavours to prove , that the pope is authorized with an indirect power over and above kings , in order to spiritual things ; that the church is a perfect republick , which god hath not left destitute to provide for its safety and preservation : if bellarmine will extract from hence this consequence , ergo the pope , the head of the church , in case of tyranny , heresie , or apostacy , for the good of the church , may censure , punish , dethrone a king ; why may we not more formally , more powerfully conclude against bellarmine thus , the catholick church diffusively or collectively taken , is a perfect republick , which god hath not left destitute of power or means to provide for her safety , in case of danger and deficiency : ergo in case of male-administration by the pope , in case of deficiency , ( which are possibly incident to the pope , and consistent with his infallibility ex cathedra ) the community of christians may supply his defects , rectifie his disorders ; and why not excathedrate him too ? otherwise god hath left his church remediless . the romanists must acknowledge the strength of the argument to be alike pressing on the one hand , no less than the other , or then they must fore-goe these ratiocinations . more of this in the next ensuing chapter . having premised this general answer , let us now answer to every one of them apart . and to the first argument , which is framed thus ; neither the law of god or nature determines , that monarchy is the government , or aristocracy the government , or democracy the government ; or why one more than another , and some few more than many should have the supremacy : ergo the donation of the power , the collation of supremacy , is by derivation from the people to the governour or governours . to the first argument , i say , i answer thus , it is an inconsequence ; because although i would grant all the antecedent , and that the specification of the government , the people designing ( if ever any people were so really , to be free of all government , because it is imaginable , let us grant it as real ) either one to have the sovereignty over them , as in monarchy ; or some few of the better sort , as in aristocracie ; or many , as in democracie ; it will not follow , ergo sovereignty in one , few , or many , is by derivation and donation from them : because their act in this is onely designatio personae , or personarum , to appoint one person , or more , or many persons to be governour or governours for the government : the collation of the power , consequitur ad designationem , ex donatione & ordinatione divinâ ; followeth upon this designation and deputation of the person or persons , from the immediate donation and ordination of god. as when such and such men are designed to holy orders and functions , the designation of the person and persons is the work and act of the church ; but the collation of the power is the proper , peculiar , and immediate work and act of god , as all knowing divines do willingly acknowledge . to reason à potestate designativa & deputativa personae & personarum , from the power which designeth and deputeth a person or persons for a charge ; ad potestatem collativam authoritatis , to the power of collating or giving the power it self , is the sophism and caption , which the school calleth à figura dictionis , where there is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a proposing in the antecedent in one kind , and a concluding in the consequent in another and different kind . a woman may design the person of the man who is to be her husband ; but marital right and power is collated by god immediately , and issueth necessarily from his ordination . that other sophism maketh no better paralogism , although suarez taketh it for a demonstration unanswerable . the force of the argument briefly is this ; if sovereignty in a king were immediately from god , then power royal could not chuse but be uniform in all kings , but this holdeth not ; for there is such a latitude of variety , that some kings have more , some less , with a great deal of difference in the point and power of sovereignty . before we answer this , i entreat the christian reader to consider , that we maintain not , we plead not at this time for a despotical sovereignty , which is dominium herile , an absolute power , such as the great turk this day exercises over his subjects , or the king of spain hath over , and in all his territories without europe : we maintain onely regiam potestatem quae fundatur in paterna , such royal paternal sovereignty , as ( blessed be god ) we and our ancestors have lived long and happily under . this , as it hath its royal prerogatives inherent naturally in the crown , and inseparable from it ; so it trencheth not upon the liberty of the person , or the propriety of the goods of the subject , but in and by the lawful and just acts of jurisdiction . next , i desire the courteous and judicious reader to remember , that when we plead for the sovereignty of kings , we understand such onely who are truly and really kings , not titulo tenus , by compellation onely , as were the lacedaemonian kings , executors only of the decrees and pleasure of the ephori which was truly an aristocracy , no monarchy . then , the argument is this ; that which is of that condition and temper that it may be enlarged or straitned ; that which actually and experimentally is found various and different , it cannot be such by any constitution of nature , or institution from god : but monarchy is such , ergo. here suarez cryeth out , clarum est indicium hujus veritatis , quòd haec regia potestas non sit aequalis in omnibus regibus , neque cum iisdem proprietatibus durationis , perpetuitatis , successionis , & similibus . the major of this syllogism , or sophism rather , must be some way better qualified , otherwise it will conclude nothing , or too much , which is the equivalent in the rules of right and sound reasoning to that , to conclude nothing . in the same manner i reason , every man hath not a little measure of knowledge , reason , discourse , &c. but some are more , some are less knowing men ; some more , some less rational , &c. ergo , knowledge , reason , discourse , &c. are not natural to man. the consequence is lame ; because to reason , ab actu exercito ad actum signatum , or contrarywise , will not always hold ; or to reason à potentia secunda ad primam vel è contra : from the difference in the exercise , to conclude a difference or disparity in the first capacity , is inconsequent . to be rational in the first capacity and natural power , is essential to all men , and equal in all ; but in the use , the exercise of the rational faculty , there is a vast disparity , because of a great latitude in different actual ability . nature admits a great variety in the use and exercise of her natural powers , that all are not alike fitted and enabled for the second acts. in the first capacity nature is so just , so equal , so indulgent to all , that the native first radical power being of it self , in indivisibili , is equal in all ; no less , in homine tenuissimi sensûs , in the least knowing man , than in him who in sharpness of wit approacheth nearest to angelical and noetical spirits . take another instance ; the face of man is not much above a span in length or breath , yet what an immense variety is there in the faces of men ? naturalists and moralists do hold , and not without great shew of reason , that from the first to the last man , every individual hath his own proper peculiar face . can suarez or any other from this variety in the antecedent , bring home this conclusion in the consequent , ergo a face is not natural to man , but something casual , or accidental ? the result is , we must pitch upon some things natural , which are uniform in all , and which yet admit , in the multivarious wisdom of god , and large work of nature , some room and place of variety , which variety doth neither abolish nor destroy the essentials . we will find the like in monarchy , that all of them are uniform in their essentials ; and accidental varieties do not prove them to be of humane composition or constitution . if instances in things natural do not the business , let me entreat the iesuit and puritan to look upon moral things , where they will find the like . vltio scelerum , that gross enormous crimes are to be punished with a condign proportioned punishment , is the ordinance of god , of nature , and common equity . this truth is undenyable . is there not a great variety and difference in the measure and manner of the punishment , in different kingdoms and nations ? theft somewhere is punished by death , somewhere by restitution ; and that of restitution , somewhere twofold , somewhere threefold , some fourfold , &c. somewhere it is punished by slavery , somewhere one way , somewhere another way . infinite instances of this kind might be adduced . can you from hence conclude , that the punishment of theft is not an inviolable order and ordinance of almighty god and common equity ? but that it hath all its entity and being by influence from humane appointment ? a country clown would jeer you for this . we deny not but gods works are uniform in their essentials , it a ut nec augeri nec minui possunt , that if you take the least part of the essentials ( if essentials may truly be said to have parts ) from them , they perish ; yet this may well subsist with some more , some less power in the actuating or exercising of this natural uniform power . no understanding iesuit will deny , but acknowledge that episcopacy with all its essential power is immediately from god , and of his institution ; and yet may it not be , that in actu exercito , in the exercise of this power some bishops may have more , some less power in actuating that which they are not restrained from , but may do ex vi ordinis , by their sacred native power ? a bishop ex vi ordinis , by his inherent power of consecration , may ordain every where in the world , as many priests , as many deacons as he will ; yet may he not be restrained , that he shall not do it without his own diocess ? may he not by the same power ordain a priest without a title or cure ? and yet may he not be restrained by positive consent and constitution , that he shall not do it ? is not the case possible and probable , that bishops of one particular church may be more restrained than bishops of another particular church ? can suarez or any other than conclude from this variety in the exercise of episcopacy , that episcopacy with it's radical power is not immediately from god and christ ? he hath more learning and candor than will allow him to be so absurd . the sectary feeleth no hurt by this stroke : well , let us come home to him . i demand of the sectary , whether or not a minister made ( i dare not say , a priest in sacred orders , or ordained by imposition of hands , this christian practice is antichristianism now a-days ) hath not all the power naturally inherent in him , that any other minister whosoever , or wheresoever else ? i am confident none of them will deny it : again , may he not be restrained to do no ministerial act , as to baptize , preach , &c. but within his own parish , unless he be otherwise licensed ? no moderate sectary ( if any such be ) doth deny this . come on : in some cases of jurisdiction ( i fear the term offends the ears and stomach of the precisian ) in some cases of discipline , i say , of which by gods law , and his calling ( excuse me to keep their own diction ) he hath full power within his charge , may he not be so restrained that some reserved cases ( this phrase i fear be offensive ) that some points of discipline be reserved as peculiar for the classis , the presbytery ? and that their judgment is only to be executed by the parish pope ? this is a known case amongst them . again , may there not be some points of discipline , and doctrine too , reserved as proper and peculiar for a provincial ? and again , some of that high strain and concernment , that they cannot be cognosced or determined , but by a general assembly of such a monstrous composition , a tragelaphus , such as never christ instituted , nor christian church knew ? all this holds with their tenets , their practices . further i demand , may it not be that in particular national churches , as the church of germany , the church of france , the church of scotland are , in these cases reserved respectively as we expressed before , that there may be a great variety and difference ? now notwithstanding of all those restraints , by which ministers so evidently and actually differ in the exercise and actuating of their ministerial charge and function : the sectary that understands himself aright , will be very loath to have the conclusion brought home , that the ministerial power is all by humane institution , by humane composition , contract , or that his calling is humane only , conventional only , pactional only . as he answereth for himself , i hope he will furnish us an answer how to take off this argument so much triumphed in both by him and his spurious father the jesuit . i take the observator to be a lay gentleman , and it may be , as the times are , he careth not much for the one way of episcopacy , nor the other way of presbytery , nor the third of independency , nor any other way imaginary or imaginable in the church ; we must therefore some other way satisfie him . then let me entreat him to consider what variety and difference is found in oeconomical government , if he will look upon the exercise either of marital or paternal power : view it , if in different kingdoms , in diverse nations he find not and acknowledge a great immense variety : or will he look upon both at home , not almost one family uniform and alike with another : and that according to the various temper of fathers and husbands , their different abilities , some being more indulgent , some more rigorous , some keeping the equal mean : some being more intelligent , knowing , and prudent ; some of less knowledge , prudence , and government . the observator will find some wives like sarah , with reverence and submission calling their husbands lord ; some michols lording over their husbands ; some fathers like eli too too indulgent to their children : others like iob happily and piously breeding his children , and sacrificing for them when they are feasting . in brief , look upon the oeconomy of all families within your knowledge , and you shall find that in government not one looks like another . doth it then from hence follow necessarily , that paternal or marital authority is not from god and nature , but appointed at the pleasure and constitution of men ? the result of all is this : that seeing in things natural , things moral , things ecclesiastical and spiritual , and in things oeconomical , this accidental and supervenient variety in their exercise , destroyeth not the true essence and inseparable essentials of the things themselves , but naturally they are uniform and equally the same : so in the different monarchies of the world , the disparity and difference of the exercising of monarchical power , which is accidental , maketh them not specifically and essentially different and diverse . what these prime , radical , essential constitutives of monarchy are , it will be proper to express , quaest . . we content our selves with three , which are agreed upon to be in all speces of sovereign power , whether aristocratical , democratical , or monarchical . the . first is , that it is potestas suprema , that it is subordinate to none but almighty god ; dicit negationem superioris in terris , it admitteth no coordinate , collateral , coequal , or corrival power . . next , it is perpetua potestas , a perpetual power ; he cannot fall from his sovereignty , but whilst he lives he is the lords anointed . . thirdly , the power of all monarchs , and of every monarch , is legibus soluta , subject to no over-ruling power of man. conceive it not so , that kings are free from the direction of , and obligation to the law of god , nature , and common equity ; but from coercion humane , or any humane coactive power , to punish , censure , or dethrone them . the hebrews call these , and what particulars come within their verge , majus imperium ; the greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and where those are equal in all monarchy , no accidental variety can change the nature of monarchy in all and every one of them . as for other particulars virtually and naturally included in these three , howsoever in actu signato , in their first capacity , they be propriè propriissimè , radically and properly in sovereignty and in monarchies ; yet in actu exercito , in the exercise of them , they may be entrusted to the subject , ita ut non defluat radix supremae potestatis , so that they have it onely by delegation and trust , communicativè , by communication ; not privativè , not so that these delegates are invested so with it , as the king is totally divested . who can deny but iudiciaria potestas , the power to judge in all causes , criminal , civil , which concern the subjects and kingdom , is inherent essentially in the crown and scepter of the king , and the king , to ease his burthen , and that justice may the more readily and easily be done , intrusteth his judges with it ? and here , is not the trust less and more , as it pleaseth the king to give it ? is it not different in some onely for such and such cases and causes , in others , for some others different ? and doth there not lie to the king extrema appellatio , the last appeal ? or if that be not , to make justice more expedite , is there not the equivalent reserved , that the party hurt may by petition and humble remonstrance , make his case and cause evident to the king , that he in his sovereignty may redress what is wrong , and punish the judge abusing his trust ? by which it is more than apparent , that this and the like restraints , the king putteth upon the exercise of his native power , is onely ad minuendam solicitudinem , not ad minuendam majestatem , to facilitate his charge , and not to denude or disrobe himself of that sacred right and prerogative god hath given to him , as his vicegerent upon earth . again , it is not slightly to be passed by , that there be many kings , many times too indulgent fathers to their people and subjects , who give away too much of their sacred right , which , when subjects have come at , being more than they should , zealous of their liberty , will not part with it again , but detain it sacrilegiously . if a man could be allowed to speak truth in this distempered age , it may be said without sin against god , or crime of laese-majesty against king or people , that where monarchy has been too much straitened , and weakened by loss of its natural and native prerogative , it hath been done by imprudent , at least inconsiderate acts of too good princes , and of voluntary concession : and in the end , as they prove derogatory to sovereignty , so they prove destructive to the peace and protection , the liberty and propriety of the subject . review all the grants of princes in this kind , and you shall find upon authentick record , that they be meer concessions of grace . if as much could be shewn upon as faithful and unquestionable record , to prove our king a pactional , and conventional prince , your plea should be more specious in the eyes of the world. and if you could by authentick evidence make it appear , that such bounds and limits are put to sovereignty , as it is more than manifest that what you claim is by acts of voluntary humanity , you should do somewhat which probably would take the people more ; but i must tell you withal , you totally destroy monarchy , and must say right down our gracious sovereign is no monarch , which is against reason , sense , all records extant , and the universal testimony of all knowing men in other kingdoms and states . it is great discourtesie to change princes acts of grace bestowed upon subjects , into acts of duty and debt ; nor is it a ready way to obtain more grace , to prove unthankful , and not acknowledge prior graces received . lawyers and jurists do tell you , that from actus humanitatis & voluntatis , from acts of courtesie and voluntary concession you may not reason to conclude actum necessitatis , an act of necessity and debt ; this is a paralogism in law. lastly , is it not more than known , that people are so corruptly disposed against , and opposed to government , that they are ready to slip the collar , and to shake off , at least to weaken the yoke of government ? from hence it issueth , that subtil men wait opportunities to cheat good and weak princes out of their rights and prerogatives . and is it not seen , that wise and able princes being plunged into inevitable and unavoidable difficulties , to obtain subsidies and assistance of their subjects , to extricate themselves out of such labyrinths , are forced to suffer their rights to be wrested out of their hands , and to make sale of them ? both statutes and stories witness this truth plentifully . the truth is , they are ill made away , and a great deal worse kept away . necessity may be some excuse for parting with them , but it is sacrilege in subjects to detain them . it cannot subsist with the rules of good policy and government , to trench so upon the prerogative of the king , as to disable him from doing his charge , to protect and govern his subjects in peace and safety . an impotent king is the same with no king : where in the book of iudges it is so oft repeated , when idolatry , rapine , blood and oppression abounded , that in those dayes there was no king in israel ; none is so blockish to conceive that god's people lived under an anarchy : but the phrase importeth two things ; first , that they wanted the most excellent of governments , they had no king , no monarchy ; next that the then government was so weak and weakened , that it could neither repress , nor censure disorders of the highest enormity : and that whole book is a full commentary that aristocracy is defective to effect or work the proper works and effects of perfect government ; for you shall find universally in the whole book , that while the people were governed by the sanhedrim , the princes of the tribes , and fathers of the people , &c. the people went a whoring after other gods ; then god , to punish them , delivered them into the hands of their enemies ; then they cryed to the lord in the day of their distress , and then the lord raised up to them a sophet , a judge , a deliverer , who , under god , as his viceroy , had iura belli & pacis ; sovereign power in war and peace : a very observable thing to prove the excellency of monarchy , and the weakness and defects of aristocracy , whose mis-government could not be rectified but by placing the sovereignty in one : read and consider the whole book , and you will find it true what we say : to give you one for all , referring the rest to your own search and trial , read the second chapter of that book , which , in the opinion of the most learned , is a brief summary of the whole state and condition of that people , from the first time of that story to saul and david's dayes , and particularly read what you have vers. , . they would not hearken unto their iudges , but they went a whoring after other gods , and bowed themselves unto them , they turned quickly out of the way which their fathers walked in , obeying the commandments of the lord ; but they did not so . and when the lord raised them up iudges , then the lord was with the iudge , and delivered them out of the hand of their enemies all the dayes of the iudge . and see what followeth , vers. . and it came to pass when the iudge was dead , that they returned and corrupted themselves more than their fathers , in following other gods , &c. they ceased not from their own doings , and from their stubborn way . to conceive these words right , you must observe , that the word , iudges , verse . and the same word , verse . is not used in the same sense ; the reason is evident ; for of the first judges , vers . . it is expresly said , the people did not hearken to them , but they went a whoring after other gods , &c. these judges were the ordinary judges , the sanhedrim , the princes of the twelve tribes , the fathers of families , &c. the judges mentioned , vers . & . are the judges extraordinarily raised by god , othniel , ehud , &c. so the word raised imports : again , these judges became judges after their going a whoring , and after their misery and slavery for sin. thirdly , of these judges it is said , that not onely they delivered the israelites from their bondage , but that during their dayes , the people continued in the right service of god. fourthly , that after their death they ceased not from their doings , and from their stubborn way : which things are far different from the condition of the judges mentioned vers . . lastly , it is not to be passed by , that emphatically it is said , that god was with the iudges whom he raised up , more blessing monarchy than aristocracy , because more warranted and liked by god than any other government whatsoever : observe it well , that under the iudges , the aristocracy , the people went a whoring ; and when the judge , raised up by god , died , and the government returned again to be aristocratical , the text saith , that they ceased not from their doings , and from their stubborn way . add to this , that abimelech knew it to be a powerful argument to perswade them to make him king , that monarchy was better than aristocracy , it was better one reign over them than seventy . forget not withal , that in all the disorders mentioned in the last part of the book the reason is not given for want of government , but want of a king in israel : of this more , quaest. . to return to our purpose by what we have alledged it is clear , that sovereignty weakened in monarchy or aristocracy cannot do it's work , and is in the next place and condition to anarchy and confusion . when zedekiah was over-lorded by his nobles , he could neither save himself nor his people , nor prophet and servant of god ieremiah : nor could david punish ioab when he was over-awed by that power he himself had put in his hands . to weaken the head is to distemper the whole body : wherefore i doubt not to affirm but if any good prince or his royal ancestors have been , or are cheated out of their sacred right by fraud or force , he may at the fittest opportunity , when god in his wise providence offereth the occasion , resume it . much more lawful it is for kings to do this , when subjects have used or abused rather such concessions of grace to the hurt of sovereignty , and the good of the subject . let us never seed our selves in a foolish paradise , to think the subject can be secured , where the sacred prerogative of the king is injured . contractatio rei alienae what a sin it is the law decides , determines : contractaetio rei alienae & sacrae , what a sin it is scripture telleth us ; it is sacriledge , and intrusion upon almighty god himself , no less than when a kings ambassadour is violated by a foreign prince . our saviour hath taught us , it is not fit to cast pearls and precious stones , you know to whom ; i have a better opinion and esteem of all the kings subjects . it is a poor and ignorant shift that some pettifoggers , smatterers in the law , use to wrong the sacred prerogative of kings , acknowledging no more for the royal prerogative , nor what , they say , the law municipal of the kingdom hath determined . i do not speak this to reproach intelligent jurists , and reverend judges , whose places and parts i reverence as much as any , accounting the knowledge of that science next to divinity , and far more excellent and useful than all others besides . i acknowledge none have written more divinely almost , nor rationally , in maintenance of the sacred right and person of kings , than some excellent and eminent in the knowledge of the law ; as bodin , barcklay , blackwood , ●nd others , to whose travels in this subject we owe much : but for these other s●ioli , they cannot distinguish betwixt a statute declarative , and a statute cons●●tutive . what is found in the statutes of the kingdom concerning the prerogative they only declare prerogative to the subject , and add a sanction penal , in case of violation , they do not determine it , god almighty hath by himself declared it . we would laugh at him in the school of divinity , who would but mutter that the decalogue was not a law till god wrote it with his own finger in two tables in mount sinai , gave it to moses , and moses intimated it to the people . what is morally natural in it , is lex naturae : the dictate of nature , by the finger of nature written in the minds and hearts of all ; and what is positivum morale , positively moral , was from the beginning so , known and practised by the church from adam to moses ; when david commanded what share of the spoil those should have , who were the reserve to preserve the stuff , scripture calleth this ordinance a law made by david to last for ever ; yet we know this was god's ordinance before the law. the very like is in statutes and acts of parliament declaring the royal prerogative of a king , that the subject may the better know it , be put in malâ fide , if he violate it , and know what judgment he is to expect . lastly , to shut up all this discourse , let us intreat the impartial reader to cast his eyes upon all story domestick and foreign , and especially domestick , and if they find not the worst bargains ever subjects made , was at any rate to purchase a possession of the sacred rights of kings ; sometimes it hath been no better than occidisti , possedisti ; it hath been purchased with a great deal of blood. the market hath been made by sedition , rebellion , rapine , murder , plundering god and man , and sometimes regained again to its right owner , but at as dear a rate and price . it is in morals as in naturals , omne corpus quiescit in suo loco , an element without its place hath never rest , nor the world good by it's operation and influence , till it be replaced and seated in it's right locality . god hath commanded not a date but a reddite , not a giving unto caesar of his right , but a rendring , not only as due , but if it be with-holden or with-drawn to restore him it . the stories of these kingdoms have too many real proofs of this truth , i forbear to cite them , or to refer you to them , i wish of these days , and others like them , that they be never known nor read of hereafter : excidat illa dies , &c. but seeing i treat of this purpose divinely , give me leave to speak gods truth to you , as becometh gods servant and a good subject , till those kingdoms be purged of sacriledge so highly committed against god , by wronging his anointed , and his church , and both of them restored to their sacred right , we need not expect true and solid peace , nor the true and effectual blessings of god. let us fancy to our selves this or that accommodation for peace , if god be wronged in his anointed and church , we add only fewel or oyl to the fire . almighty and merciful god , the god of all spirits , put it in the hearts of all christians and subjects , to honour him , and in him , and for him , his anointed and church , rendering to god what is god's , and to the king what is the kings ; that there may be a blessing in these kingdoms , in our ierusalem , there may be peace within her walls , and prosperity within her gates , that the crown which he hath put upon the head of his anointed our sovereign may flourish with him and his seed for ever , and we and our posterity may live in godliness and honesty under him and them till the coming of our lord , when he , they , and we shall receive that immortal crown of eternal glory , which the king of kings , lord of lords , and chief bishops of our souls hath laid up for all them that fear him . amen . chap. xv. wherein is examined the iesuit's maxim , that every society of mankind is a perfect republick ; and consequently , the community may supply and rectifie the defects and errours of sovereignty . and the puritan's too , that if there were not such a power and super-intendency in people to supply , god had left man remediless . the jesuit and puritan , although they differ in their expressions , agree well in the sense , and intend both of them one conclusion . how this argument 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be retorted upon the jesuit against his numen terrenum , the pope , we told in the preceding chapter ; only now let the jesuit give me leave to ask him how a republick is conceivable , is imaginable without a governour or governours , and people governed ? how can a society be imagined without order ? and how order without priority and posteriority ? when the jesuit then saith , that every society of men is a perfect republick , and every perfect republick must have within it self as much power as may preserve it self from ruine , and right what is amiss , he must necessarily by this society of men , and republick mentioned in the premisses understand only the community of the people and subject , in an abstracted notion , from the sovereign governour or governours ; otherwise concludes nothing at all to purpose . and here let me intreat the jesuit or puritan to tell me where ever he read the word civitas or republick ascribed to a multitude , a disorderly rout , where there is no governour . it is alike to conceive a politick body without a governour , as to conceive the natural body without a head. we pardon the jesuit and puritan to give us new tenets in policy , seeing they are so bold with god and his church , to give us new tenets in divinity . again , it is worth our observing , that when our adversaries come to shew where this republick is , where this superintendent power is seated , they differ and vary infinitely . it is no wonder to hear the builders of babel speak with different tongues , we are hopeful god in his mercy will scatter them upon the earth , and cast down this babel . the jesuits , all , for ought i know , do ascribe this to the community ; the sectaries do differ infinitely , some warrant any one subject , any individual person , to make away a king in this case ; and that such a work is no less to be rewarded , than when one killeth a ravenous wolf. some will have it in the whole community with the jesuit . some will have it in the collective body , but how ? not met together by the warrant or writ of sovereign authority , but when necessity ( which is often fancied and imaginary ) of reforming state and church , calleth them together . some will have the power in the nobles and peers of the land. some in the three states , assembled by the kings writ . some in the inferiour judges . in sum , every one fancieth it to himself , as he resolveth to idol or serve corruptly the humour and state of the people where he liveth . when these classical authors agree in one , they will make us think their tenets ●ounder , and their courses more warrantable , which i never hope to see , because this spirit of discord god hath put as a judgment upon all masters of errours . i dispute not whether this power be in the community , or in the collective body , or in the peers and nobles , or in the inferiour judges , or in the parliament , or where else you can imagine it , for i know no where it is to punish or curb sovereignty , but in almighty god ; onely i demand of the jesuit and sectary , that seeing wheresoever they put it , they make it the last remedy , the onely remedy to supply all defect , to redress all wrongs , to set aright whatever is dis-joynted in church or state ; the subject of this superintending power must be secured from errour in iudgment , from errour in practice : and how happy are we now , that in these late dayes we have a pope in temporalibus , who is no less assisted and endowed with the gift and grace of infallibility , than the pope of rome determining ex cathedra . he is too much in love with a community , or with nobles , or with parliaments , or with inferiour judges , &c. who thinketh or judgeth that they , or any of them are secured from errour in the reformation of state or church . but on the other side , if the multitude , the peers , the judges , the parliaments , are liable to errour , and many times actually do err ; when they err in this glorious work of reformation of church and state , doth not the perfect condition of a perfect republick require , that there be some authorized with a superintendent power , to rectifie their errours , and to punish their misdemeanours ? otherwise god hath left church and state remediless ; they must name this remedy , and by all appearance this must be the sovereign again ; and so impius ambulat in circuitu . if they will say , that to eschew such a ridiculous regress and circle betwixt king and people , and people and king , and to shun ne detur progressus in infinitum , that if the community or parliament err , the remedy is to be left to the wisdom and justice of god ; why will not the sectary acknowledge that it is as fit , when the sovereign transgresseth against the right rules of government , that people and subjects submit in patience , and wait till god send a remedy , either rectifying or removing the bad governour ? where ever you place this superintending power above a king , i care not much , for it is but an idea ; by this same power they who are authorized with it by god and natures right , may call a king to account , censure , and punish him for any errour or misdemeanour whatsoever , for any one act of injustice : why might not the people of israel , or peers , or sanhedrim , &c. have convented david before them , judged , and punished him for his adultery with bathsheba , and his murther of vriah ? the romanists , and greatest part of antimonarchical new statists , do acknowledge no case lawful , but either in heresie , or in apostasie , or in tyranny ; the first two the romanists would have it to the popes power , and at his discretion ; the last , of tyranny , all of them do qualifie thus , vt sit universalis , manifesta , & cum obstinatione : that it be in such tyranny onely which is intended , endeavoured , attempted for the whole and total destruction of the publick , which cannot fall into the thoughts and attempts of any but a mad man. what is recorded in story of nero his wish in this kind , may be rather judged the expression of a transported passion than a fixed resolution . next , this case must be evident , and clear as the sun-shine at noon-day . thirdly , it must be joyned with such pervicacy and obstinacy , that it is inseparable and invincible by any ordinary humble remonstrance and supplication to the contrary . although we give it , that it were lawful in a case so qualified , for the community or any else , to resume their power , and use it to remedy themselves , and to rectifie what is amiss , which we cannot grant ; we are very confident , that all the wit of the opposites cannot make it appear , that their case is such at this time . upon their grounds we see not how by sound reason , not onely in such case as is expressed onely , but also in every case of male-administration whatever it be , they who have this pretended and fancied power , may not use and exercise this superintendent and transcendently extravagant power . i pray you , if this superintending power in the people , peers , or parliament , &c. resumable in the exigent of great necessity , be the onely means and last remedy allowed , and so necessary that without it neither church nor state can be preserved in their integrity ; how cometh it to pass that we have neither precept nor practice for it in holy writ ? deus & natura non desunt in necessariis ; god and nature are not deficient in things primely necessary . nothing can be conceived more necessary for state and church than such a remedy . if then we cannot hit upon express and clear warrant by precept or practice in scripture , for a matter of so high and necessary concernment , who can be so stupid in a pythagorean way , to believe this upon an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , upon your rabbies bare assertion , or trust it upon an anabaptistical enthusiasm . there is nothing more certain , than that there is not any thing in scripture tending that way . if it be , our adversaries are bound to produce it ; for affirmanti incumbit probatio , he that affirms it to be so , is bound to make his proof appear . next , this tenet argues too great a confidence of our selves , as if to be left to our own natural providence , were the onely sufficient , competent and perfect means of safety and redress of church and state. we hereby presume upon our own strength , that by our selves we are able to rectifie and preserve both church and state. it is arrogancy too , for hereby we are puffed up with an overweening conceit of our own piety and integrity , as if our judgment were so sound , as that it cannot be darkened or corrupted , and our affections so orderly , as they cannot over-rule us in a wrong course , to do against that is pious and just . i was ever in opinion till now , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be secured from sin , was the onely propriety of god , and that it is antichristian in the pope to lay claim to an absolute infallibility . but this new policy will find the like in the parliament , the collective body or community . thirdly , consider attentively and impartially what you hold , and you will find it resolve into infidelity and impatience ; infidelity , that we do not trust that god is able to do it ; impatience , that we will not wait patiently till he do it . the heathen are nearer to christianity in this , than our glorious reformers . tacitus saith , quomodo sterilitatem , aut nimios imbres , & caetera naturae mal● , ita luxum vel avaritiam dominantium tolerate ; vitia erunt donec homines , sed neque haec continua , & meliorum interventu pensantur . the safest way , in the wise historian's judgment , is to endure the tempests of ill government patiently , as we do other tempests falling from heaven ; while men are , faults will be , but will not be alwayes lasting ; and better things will come with compensation of our losses . fourthly , it is much better for us , that god hath reserved this as a peculiar case to himself to punish sovereigns , and to rectifie their errours . but for us on the other part to usurp upon his right , it is no less than intrusion upon his divine prerogative , and carrieth along with it morbum complicatum , a number of sins against many of his most glorious attributes . . it wrongeth god in his glorious wisdom , that he hath not prepared such a remedy for us in this case ; nay , it putteth foolishness upon him , that in this case he hath commanded patience , and so left us totally remediless . . it wrongeth god in his glorious power , by making him weak , that by no other means he could set aright what is disjoynted in church and state. . it wrongeth his holiness ; who for the necessary support of church and state by these means , is necessitated for effecting the work most concerneth him and his glory , to have and use the help of sinful men , nay , even of their sins . . to what is said , add this , that this principle of theirs dishonoureth christian religion ; it turneth religion into rebellion , faith into faction , and christian obedience into disloyal treason . nothing is more powerful to deter kings from coming to the profession of reformed catholick religion , than to hold , that such a superintendent power is in people or parliament , to censure and unking christian kings . fifthly , christian obedience and sobriety teacheth us to leave all evils in church and state to be redressed by those means god himself hath appointed , and when the ordinate means do it not , or do to the contrary , we are to keep our selves pure , possess our selves with patience , and refer the remedy to god , who hath reserved this to himself : we ought not to justle god out of his right . before we have said , that scripture affords no warrant by precept or practice to the community , the collective or representative body to do it ; but now we add , for them to do it , by opposing or resisting sovereignty , is in scripture expresly forbidden : romans . . whosoever resisteth the power , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . of this more quaest. . we must therefore closely adhere to what god hath commanded , not turning to the left hand , to obey unlawful things commanded by the sovereign ; nor to the right hand , with violence to resist lawful authority . let all subjects remember , that in the day of their accounts the charge will be to all singly or joyntly considered , who hath required these things at your hands ? who hath made you judges and executers of matters of so high concernment ? and though it be pretended and possibly intended too , that the work so done shall make much for the glory of god , the good of the church , the liberty and happiness of the subject , it will not take us off . we must not do evil that good may come of it , rom. . . to do god a piece of good service against his will manifested , is not to acquit our selves as his humble servants , but to prove us his arrogant and proud masters . he is most glorified when his voice is obeyed : sam. . . god standeth not in need of wicked man , nor of his sinful wayes . it was a pious intention vzza had , when he put out his hand to save the ark from falling : yet because it was above his charge , god did strike him presently dead , sam. . . chron. . . it is not enough for these reformers to be assured in their consciences , that the work they intend and are about , tends to a good , religious , and pious effect : but they must have a sufficient warrant from written truth , that they are warranted and called to this work . sixthly , as it is against piety , it is against prudence and the good of policy : prudence doth not allow us to lose what real good we have in present possession , for any future good which we have only in uncertain expectation . by this projected course of our new-statist-divines we loose a good conscience , fall in actual disobedience and rebellion against the lord , and his anointed . we refuse gods tryal , and with an unwarrantable , indiscreet , and unseasonable zeal for religion , and our temporary good , come contrary to god and his commandments . we antevert , nay , shake off the glory that god expecteth by our tryals , and cannot , dare not , expect gods blessing to our endeavours . if the root be evil the fruit can be no better . who may expect a blessing to a sinful and rebellious course ? doth he allow us to do wrong and seek an opportunity to do good ? god acteth no evil , but only permitteth it , and that because he is able to work good out of evil ; which is as inseparably proper to god alone as the immensity of his power : it is infinitely a superlative presumption for us to presume upon the like . we cannot expect any blessing without a promise ; and have no interest in the promise , but when our acts and works presuppose obedience to his precepts . by such a course as you prescribe , we make the precept of god of none effect . our excuse in this case will prove no better than the pharisees who taught their disciples , doing things unlawful , to say corban , god shall have profit by it , in the good we shall do to church and state. when we come to judgment our works shall witness against us , and our good intentions will not save us ; you know it is commonly and truly said , hell is full of good intentions , and heaven of good works . seventhly , if we look upon the practice recorded in scripture , when gods people were delivered from bondage or captivity , or when grievances in church and state were rectified and reformed , god never gave warrant to the community or to the sanhedrim , but did it by his own high hand , or authorized a sovereign , and put it in his heart and power to do it . look upon the bondage of aegypt which lasted years , god did not use or authorize the people to deliver themselves by a strong hand , but sent and authorized moses , exod. . . come now saith the lord , and. i will send thee ; a calling he had , authority from god he had , and it proved successful . some pious and learned men are of the opinion , that when moses rescued the israelite , and killed the aegyptian , he did offer himself a protector and deliverer to his nation , but that for his unwarrantable intention and attempt , he was forced to flee , and with forty years penance and repentance wash away that guiltiness . as i dare not condemn them confidently , yet i trust such is their charity , to allow me in modesty to dissent from them . first , because i hold it a good rule , not rashly to condemn the extraordinary acts of the saints , when they are not evidently in scripture condemned ; it is saint austin's rule . next , because of saint stephen's testimony , who , acts . expresseth so much , that this was a praeludium , an evidence that god was to send him to be their deliverer . i am certainly assured that god did not think it a fit way by moses and the people of israel's sword to work his deliverance . but forty years after sent moses cloathed with his immediate commission , to command pharaoh his vicegerent to let his people go ; and authorized moses his vice-roy over his own people , that so the peoples obedience to his servant moses , and to the word delivered in his name , might be without check or wrong of conscience in regard of their allegiance . it is very observable and conducible to our purpose , that god did not deliver his people by the wisdom of moses , or strength of the people , or any act that way of theirs , but did with an high hand by his own immediate might and power . god thereby declaring to us , that before he would authorize his own people to do it , which had been a bad president for ever for rebellion , he would rather put himself to pains to work extraordinary and wonderful miracles . so in the book of the iudges , when the people were delivered over into the hands of their enemies , because of their sins . he never warranted and authorized the ordinary judges or community to be their deliverers , but the text saith expresly , that when they groaned under their oppression , and repented of their sins , god raised up a iudge . is not this a real proof , god will not have inferiour judges , or the community , to rectifie what is amiss , but we must in patience wait till he provide lawful means , some sovereign power immediately sent by himself to do it ? in which course in his ordinary providence he will never be deficient , although the extraordinary way be ceased , if we will repent us truly of our sins , and wait in patience for the salvation of our god. is it not worth your labour to observe when the gracious deliverance came to israel from the captivity of babylon , which lasted seventy years , that his people had no hand , no part in it , not to contribute the least auxiliary help , but god effected it by the hand of cyrus his anointed , immediately and totally ? appeareth it not clearly by this , how careful god hath been in his providence , that people may not right themselves by their own doing , not when they are under greatest pressures , highest oppressions ? for what were the kings of babylon , but to speak in our adversaries diction , tyranni cum titulo ? who acquired sovereignty over them by conquest , their consent being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , voluntarily , involuntarily . lastly , for these popular reformations lately so much cryed up , as the best , the most divine , the most warrantable , methinks are most unwarrantably magnified . it is not to be denied , but people are much taken with such doctrines , and are very ambitious to be reformers of church and state : and subtle factio●s spirits have great advantages to work on the people and their weak understandings , for there can be no government either in church or state , so eminently perfect , where something might not be wished to be amended . no government is so commodious , which is not attended with some incommodities ; that as the comick saith , aut haec cum illis habenda , aut illa cum his amittenda sunt : from those inconveniences in government , crafty and discontented men take occasion to press upon the weaker sort ( which is most numerous ) the present inconveniences , shew them their interest , how in conscience they are bound , and by god warranted to put to their hand , promise them not only a share in the glorious work of reformation , but also to free them from all errours and pressures , to mould and frame such an vtopia in the state , and such a paradise of the church , that shall not want any thing but christ to come and reign actually and personally amongst them , which they expect , as i hear , and have defined the time . when people are deceived thus and transported , these achitophels , absaloms , and sheba's desire the assistance of the people to bring this happy change about . they obtain it , engage their souls by oaths , covenants , and perjury , and engage them so much in treason and rebellion , that life , state , fortune , and honour lie at the stake ; come off they cannot . by which means they get into their hands surreptitiously an arbitrary power , the thing they most feared , most abhorred , and practise it too . and although the people are made to believe , that they all and the whole , are interressed , yet really and truly some few domineer . they command what supplies they will , of men , arms , and monies ; seize all forts , press all horses , &c. and that in that way , in that quantity , they think necessary , which must be obeyed ; otherwise they are not sufficiently enabled to bring about such a great work , reformation of church and state , and preservation of the people . this is the way by which these principles find easie admittance upon popular affections , but cunning subtilty doth so abuse them , that they are cheated out of their wits , and follow courses destructive to themselves , and bring upon them the evils they most feared . it is not reason that will right these deceived and abused fools , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , misery will be the first competent instructor to undeceive them . the doctrine and reasons we first bring to the contrary of this tenet , we know assuredly they will not relish them , but the contrary use will be made , to incense a mad people and make them more mad : yet truth forceth us to speak ; for vbi resipuerint , when they come to their wits , they will curse their gamaliels , and forsake their principles . first then , i demand of those who so magnifie popular reformations , as the only best , most perfect and absolute remedies of what is amiss in church or state ; who that hath read scripture , or by experience hath remarked the temper and constitution of the multitude , can believe that almighty god hath committed such a trust to them ? is there one of a thousand , if you trust iob or solomon , amongst them of understanding ? was ever any act done by them but in a tumultuary way ? and is not their reformation attended with fury and violence , impiety against god , sacred persons , sacred places , sacred things ? have not these mis-called reformations been acted , prosecuted with open and crying injustice , not only against innocent but well deserving men ? secondly , i desire them to shew me in scripture , or in ecclesiastical and authentick story any popular reformations of church or state , happy and successful : what they alledge in this last age , are the instances controverted ; and till they give instances extra propositum , not questioned , by their favour they only beg the question . when god established both policy and church , after the deliverance of his people from the house of bondage , he would not do it , but by moses ▪ his sovereign viceroy , king of ieshurun , deut. . ioshua did the like : ios. . the judges raised by god as they delivered the people from their slavery , so they rectified what was amiss in church and state. what desolations were there in church and state in saul's reign ? both state and church in the solemnity and sincerity of the worship in the days of david came to their zenith , to their highest perfection a●d beauty : read you , i pray you , of any doing in it but by david the king , with the advice and direction of some church-men ? afterwards when it was corrupted , who made the reformation ? none but he who was king or sovereign : as ioash , chron. . ezechias , chron. , , . iosias , chron. . . ezra , esd. to make covenants against king or sovereign , pretending or intending , if you will so , the reformation of religion , where read you it ? the first covenant of a people formed into a politick body , is that you read exod. . had either the community , the collective or representative body any other hand in it than to obey , as moses king of ioshurun commanded ? ioshua made another , iosh. . consider the place , and see if either tables or parliament framed it , urged it . you have another , chron. . but it is done and pressed by the royal authority of asa the king. you have another , chron. . but it is the act of iosiah the king. the like you read of esdra , esd. . if any object the covenant of iehojada in the non-age of ioash ; let them be pleased to remember that this was the high priests act , not as high priest , but as governour to the king. by the same power he did it , by which he dethroned athaliah , armed the subjects , and enthroned ioash . shew me one covenant in the book of god , which was made without the king , except it be a covenant with hell and death ; or as iudas covenanted with the iews to sell and betray his master . or such a covenant as the prophet hosea speaketh of , chap. . vers . , . for now they shall say , we have no king , because we feared not the lord ; what then should a king do unto us ? they have spoken words , swearing falsely , in making a covenant ; thus iudgment springeth up as hemlock in the furrows of the field . lastly ▪ reflect upon popular acts invading sovereignty , and attempting reformation , and you will find them as sinful , as little successful , as kings of popular election . it is recorded in exodus , that moses the sovereign of the people of israel being absent forty dayes in the mountain with god ; the people , notwithstanding that they had lately sworn a lawful covenant , forced aaron to make them gods , a molten calf , and forsake the true and living god : exod . . here you have a glorious popular reformation in religion . take another reformation in the state , and see if it be better . the people of israel living under the happy government of david , by the suggestions of absalom and his fellow-traytors , possessed a prejudice of david and his government , that justice was not done , and the state might be better ordered , assemble without warrant of the king ( a treason if any thing else , if we look on scripture ) to absalom , under pretence of a vow , shake off david , and acknowledge themselves subjects to absalom the traytor , the usurper : sam. . the ten tribes after the death of solomon supplicate reboboam for a redress of their grievances ; not answered to their mind , rebel against rehoboam : to strengthen their kingdom and policy , they set up a new religion , make new priests of their own . their religion is the same their fathers attempted in the wilderness , exod. . and this is the second glorious reformation of calvesworship : what was the issue , i pray you ? it pursued them to their utter extirpation . what can be said o● that abominable act of the iews , who to save themselves condemned christ ? are not communities subject to dangerous inclinations from private incitements ? are not their representatives subject to mis-leading factions , and ambitions of private ends ? they are too much transported with the love of a popular estate , who can so over-rule their understandings , as to force themselves to think , that communities , or their representative bodies , are not molested or transported with corrupt judgments and affections for private ends . to conclude , seeing then to establish the people to be the last and best remedy to rectifie all errours in state , in church , establisheth so many absurdities and paradoxes , and hath no warrant by scripture , sound reason , or experience , we can neither believe it , nor approve it : for to aver and affirm that a community diffusive , collective , or representative , is a perfect republick to preserve it self , and to right what is amiss , abstracting the notion of a republick , from the sovereign governour or governours , is a notion not imaginable , nor ever used by any who ever wrote or spoke right in policy . it secureth the multitude from errour both in matters concerning church and state : there is neither precept nor practice in holy writ to warrant that the multitude have such a superintendent power above their sovereign . nay , scripture commandeth us the contrary , not to assume this power , or to resist the higher powers , under no less pain than damnation . this maxim resolves into infidelity , that we trust not god can do it , or will do it ; and into impatience , that we will not wait patiently till he do it . christian obedience and sobriety teacheth us to reserve the rectifying of the sovereign , and his errours in government , to god himself . we must not serve god against his will , nor without an express warrant for our doing so . by doing , as our new statists warrant us , we run into rebellion , and lose a good conscience in dutiful obedience and humble submission , and prejudice god of that glory he expects by our tryals . we must not do evil that good may come of it , nor upon pretences of good intentions and good effects to follow upon such courses , prove our selves to be proud masters , and forsake to be gods humble servants . in all deliverances god bestowed upon his own people , in his wonderful providence he effected them , either by his own immediate hand , or by some other hands , not permitting or allowing to his people any share in the work , foreseeing how we would make it , if it had been otherwise , a bad president for rebellious courses . popular reformations are neither warrantable nor successful . the multitude are most of all unfitted for preserving church or state. in scripture we have no reformations recorded , but only such as have been acted by the authority of the sovereign . many popular tumultuary courses we find attempted and effected by the people , to the hurt and ruine of church and commonwealth . wherefore let every one , and all of subjects , be subject to superiour powers , in obedience to that is good , and in patience suffering what is evil , waiting patiently till god in his appointed time send relief , and deliver his church and us from pressing and oppressing evils . chap. xvi . wherein is examined that maxim , salus populi suprema lex esto . and the other , that the people may be without a king , but a king cannot be without people . this vulgar maxim , salus populi suprema lex esto , was one of the laws of the xii tables . it was made for a democracy , and hath in it a good and warrantable sense , if it be rightly taken in its proper meaning : but as it is abused and perverted by our miso-monarchical statists and sectaries , it hath been the mother of much mischief . the sectaries who abuse it , understand it so largely , at least make the people conceive so , that all government and superiority in governours and superiours , is primely , nay , only for the subjects and inferiour's good . this holds not ; for some government and governours are by god and nature appointed for the mutual and inseparable good of the governour and governed , of the superiour and inferiour , as in maritali regimine ▪ & in paterno , as in the marital and fatherly government . some governments are primely , principally , and properly for the good of the superiour and governour , as in herili dominio , in the government of a lord and servant ; where the good and benefit of the servant is but secondary and consecutively intended ; it is not the principal end , but the external and adventitious ; as the gain that cometh to a physician by his practice , is not the proper internal and principal end of his art , science , and practice , but consequitur ad medicinam , it followeth and attendeth his skill and practice . what can our adversaries say of a title acquired to a kingdom by lawful conquest ? that such a title is good , and a king may be lawful king by conquest meerly , without the consent of the people , is so evident in scripture as it cannot be denied . in this case , the good and benefit of the conquerour is the prime thing and principal . the conquerour may dispose of it at pleasure for his own good , as solomon did give cabul to hiram . moreover , according to the jesuit's and puritan's grounds , as a man may render himself totally under the power of a master , without any conditions or limitations , or bounds whatsoever ; why may not the body of a people do the like , to have peace and safety , surrender themselves fully into the power of a king ? may not a lord of many great mannors and lands ( if the laws of the countrey do not forbid it ) admit no man to live and gain by living within his territories and countreys , but upon condition of a full surrender of himself , his posterity , and all belonging to him , into his lords power ? doth not tacitus tell us , that anciently amongst the germans every head of the family was father , king , and priest ; and that all the tenants of his territories had no more corn for meat , no more number of flocks , no more for use of cloaths , than it pleased their lord to allow them ? suam quisque familiam , suo penates regis ; frumenti modum dominus , aut pecoris , aut vestis colono injungit , & servus hactenus patet . may not a disorderly multitude , without order and government , or any subordination at all ( this is impossible , but let us take it as probable , because imaginable ) conceiving safety and good to themselves , totally surrender themselves into the power of one to rule over them hereditarily ? or may not a people in a formed and framed politick body , upon the receit of a great benefit , as deliverance by one from a mighty oppression , surrender themselves thus totally to their deliverer and his successors ? it is not improbable , that the israelites did offer some such condition to gideon and his posterity , for the great deliverance they had from the midianites by his sword , iudges . did not the campani in this way , if we may trust livie , subject themselves totally to the people of rome ? populum campanum , saith he in the words of their chief heads , vrbemque capuam , agros , delubra deûm , divina , humanaque omnia in vestram p. c. ditionem dedimus . o noble senators , we surrender and give up unto your dition and power , the people of campania , our city capua , our lands , the temples of our gods , and what divine and humane things are ours . by what is said , it is more than apparent , that this , salus populi suprema lex esto , let the good and safety of the people be the supreme law : is not an universal dictate of nature , a paramont law , which is universally verified of all government and governours . this speech is as much abused , when by these new statists it is applied to monarchy . i most heartily grant that the preservation of the peace and safety of subjects and people is the prime end in the constitution of all government , but it is not the sole and adaequate end . the complete , adaequate , and perfect end of government in monarchy , is salus regis & populi , the safety of king and people . notwithstanding the safety and good of the people may be called the prime and principal end in the constitution of monarchical government , because it is most agreeable with the joynt interest of king and people . it is a word exceeding well beseeming a king , to say , salus populi suprema lex esto , let the safety of the people be the paramont law. there is no doubt that the king ought to proportion all his laws to this end , this is just , this is necessary , this is honourable , this is advantageous to the king : who that is wise , will not provide as much as he is able , for the good , safety , plenty , and peace of those , in whose happiness is his glory , and in whose destruction his own is involved ? and on the other hand it becometh subjects well to say , salus regis suprema lex esto , and to proportion all their obedience , endeavours , and actions for the safety , honour , power , happiness , and glory of their king. it is impossible the subject can have peace or safety where the sovereign and his prerogative are weakened so that he cannot command and protect . to reason from the one part of the end of monarchical government , the safety , and the good of the subjects , to the destruction or weakening of the other part of the end , of the power of sovereignty , and the royal prerogative , is the sophism which the school calleth à divisis . nor can we imagine a possible or probable existence of the good and right of the subject , without a pre-existence of the entire sovereignty and prerogative in the king : this is easily demonstrable , if we consider what was the prime end of the institution or constitution of kings . by uniform and universal consent it is acknowledged to be for this purpose primely to preserve people in peace , plenty , and safety . if the king then be not authorised and furnished with sufficient power to work this effect , how can the people expect it ? by the suffrage of our anti-monarchical opposites it is granted , that the multitude and people were at first necessitated to submit themselves unius imperio , to the government of one king , and to commit themselves , their lives , their laws , their fortunes , to his trust and power ; because they knew such was their weakness , that they had not wisdom enough to rule themselves , to foresee , and prevent dangers , nor power enough to protect them from wrong of the more powerful either living amongst them , or nearly adjoyned to them . and for this cause in their opinion accorded that for honour and power he should be sufficiently enabled to act and perfect all these acts of government , and to effect and produce those ends , his own and their happiness : nor doubted they to entrust him with majesty ( the word ▪ majesty speaketh two things , summum honorem & summam potestatem , supremest honour , and supremest power ) being assured that his interest was so involved in theirs , that he could not chuse but most earnestly and carefully endeavour this end : by which premisses ▪ ( which are their own ) it is most certain , that salus populi , the safety of the people , issueth from salus regis , the safety of the king , no less than the life of the natural body from the soul that enliveneth it : notwithstanding we think they should speak more divinely , if with the dialect of holy scripture they would say , that almighty god knowing that no society of mankind could be , nor happiness in that society without government , ordained for this , and that government should be , and the governours entirely endowed and enabled with power and honour to do it ; and that conformable to his own government , at first he in paradise fixed this government in the person of one adam , and provided for the continuance and succes●●on of it , that it should be transmitted to the first-●orn in defailance of the father . god knew it well , ●hat it was better not to be at all , than to be without government : and that weak government is the ●quivalent of anarchy and no government . saint paul knew not how quiet , peace , godliness , or honesty , ●ould be without government . i do think our puri●ans are not so much in love with school-tenets , as to ●old , that quovis modo esse , nay , poenale esse is better quàm non esse ; seeing scripture hath spoken the contrary , that it is better never to have been born , better that a mill-stone were put about their neck and cast into the sea , than to be in a poenal condition , and that some shall seek to dye for ease , but shall not find it . heathen politicians tell us , tyrannis potior anarchiâ , tyranny is better than no government . scripture is plain and powerful enough for this truth , that no safety can be to mankind , without the safety of sovereignty , and of the prerogative of governour and government , exod. . it is the first precept of the second table , honor a patrem , &c. honour thy father ; where , by father is principally ( according to the commentaries of ancient and modern divines ) meant the king : then followeth , thou shalt do no murder , thou shalt not commit adultery , thou shalt not steal , &c. to intimate to us , that neither life , nor chastity , nor goods , nor honour , nor fame , nor any thing else can be preserved , except the king have his right . the expressions of scripture are admirably emphatical to import , that in the king and his strength is all our safety , our life , our happiness . the king is called , lament . . . the breath of our nostrils ; this place , it seemeth , alludeth to that , gen. . . he is called , the head of his subjects , . sam. . . he i● the light of his people , sam. vers . . he is their shepherd and pastour , psal. . . the heathen call kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they are the nurse-fathers of the church , isai. . . and . . the king is the head-stone of the corner , psal. . . the same in the state , that christ is in the church , isai . . pet. . . the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 implieth as much , that he is the very bottom and foundation upon which the publick good of the whole state , and the private good of every one is founded and built . excellent expressions they be , diametrally opposed to the divinity and policy of this miserable age. the king is the breath of our nostrils , then no life without him ; he is our head , then all life , sense , and perfection in him , all motion from him , and the influence of his government ; he is our light , nothing then but egyptiacal darkness and blindness without him , without his government ; he is our shepherd , then no maintenance , no entertainment without him ; he is the corner-stone , then nothing but he can tye mankind together in a peaceable and comfortable society ; nay , he is the foundation , the corner-stone , and head-stone of the corner , upon whom all is built and grounded , in whom all are conjoyned , and by whom all are protected . turn it over again ; take away the king , you take away our life , our breath ; weaken him , we faint , we pant ; hurt the head , you distemper all the body ; weaken the head , and you feeble both hand and foot , and all parts and members of the body ; smite the shepherd and the flock will be scattered ; if the foundations be destroyed , what can the righteous do ? if the corner-stone be pulled out , the side-walls and whole fabrick must fall ; if the head-corner-stone be removed , there is no protection against the tempest , but rain and storm will spoil the whole building . saint paul hath a short , but a most pithy expression of the good issueth from the supreme power upon all , rom. . . tibi in bonum , he is the minister of god to thee for good : this indefinite tibi , to thee , implieth as much as the minister of god by his immediate ordinance and ordination , is for thy good whosoever tho● be ; be thou nobleman , be thou gentleman , be thou citizen , be thou countrey-man , be thou church-man , be thou lay-man , he is for the good of all , of the whole politick body joyntly , and he is for the good of every individual and particular person singly ; for our good from god they are sent , for our good to us they come . if kings were not , we should be as the fishes of the sea , the greater destroying the smaller , or as the beasts of the forest , the strong destroying the weaker , hab. . . saint chrysostom explaining these words , tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . where the apostle saith , that we may live a quiet and peaceable life , that is to say , saith the holy father , our security subsists in their safety . it is worthy your notice taking , that in the book of iudges , where it is recorded , that all disorder was in the church and state , the reason is so often given and repeated , because in those dayes there was no king in israel ; you read it cap. . . & . . & . . & . . which words import not simply , that there was no government in those dayes , none can be so stupid to imagine it , but the spirit of god intimateth two things to us : . the one is , that they wanted monarchy , the most excellent of governments . . the other is , that the government then aristocratical was so weakened , that in church and state nothing was sound , the grossest enormities did abound , and there was no strength in authority to right it : review the story , there was no king this time , and consequently , there was all mischief this time , and therefore a fit time to shake off the old , and bring in a new religion . micah and his old doting mother will have a religion of their own , an idol of their own , a trencher-chaplain of their own , there is nothing to let it . no matter for sacred orders , if a levite may be had it is better , otherwise it skilleth not much . the reason is given in the text , in diebus illis , &c. in those ill dayes there was no king in israel . i wish we were so happy that these times of ours had no resemblance with that time . well , but it is no great matter for religion , if every man can enjoy his liberty , his honour , his peace , live in safety , what is religion to us ? if this be religion , these times want not professours too too many . it will not rest here , although every man have liberty , or licence rather in anarchy , to have and to profess what religion he will , the same scripture telleth us , where no king is , rapine and spoil will be ; where no king is , plundering will be good justice ; every man's lands , revenues and chattels may be fortiter occupantis , the stronger may disseize the weaker ; you shall have the tribe of dan to spoil too . nor is this all , the men of gibeah will abuse the levite's wife , nay , do it avowedly , abuse her to death ; it is no great danger to act and do what mischief you will , where no king is . no man's soul , wife , life , or goods can be secured , where no king is . idols may be erected , murder may be acted and allowed , men robbed of their goods , and all this good service , for the glory of god and the good cause . consider again , how universal these mischiefs are , you have a micah a private man , gibeah a city , dan a tribe , all out of order and course . religion is defaced , justice is abused , honesty and civil moral conversation is shaken off ; dishonesty , impiety , uncleanness are avowed . again consider , micah was at mount ephraim , in the midst of the land , gibeah was at one end of the countrey , and dan at the other , so that these mischiefs were not confined to one corner , but were spred over all the land. and seeing scripture repeats it , let us repeat it too , all these disorders , all these mischiefs were , because in those dayes there was no king in israel . turn it over again , no better way to keep religion sincere and incorrupt , mens lives and wives , honour , goods and possessions in safety ; to secure them from murder , abuse , oppression , than by kings . no doubt , priests there were then , but either they would not serve at all , or then the priests were over-awed by the disorderly and sinful multitude , hos. . or did prescribe their text , give them commentaries , taught them what to say , what to preach . no doubt , in those dayes judges they had , but justice was not done , or if done , at pleasure ; otherwise judges were posted and signed with a nigrum theta , marked to be stoned by a rascally multitude . though priests be in the church , and judges be in the land , they are not able to guard the publick or private from wrong ; wherefore it is most consonant with scripture to say , salus regis suprema populi salus , the safety of the king , and his divine royal prerogative , is the safest sanctuary for the people . vbi non est gubernator populus corruet , so readeth st. hierom solomon's words . i refer my self in this to the consciences and experience of the king's subjects , what hath been the security or comfort they have had in person , state , or goods , since the lords anointed , the best of kings , hath been wronged . o if they durst speak ! o if they would speak ! the prophet hoseah , cap. . . threatneth as the greatest of judgments in this world , that the children of israel shall be many dayes without a king. listen i pray you , to what followeth , and without a prince , that is , there shall be no nobility ; and what more ? and without a sacrifice ; that is , there shall be no religion , no true priest. the same prophet , cap. . . sheweth they shall have no king , because they feared not the lord. the prophet ieremy , lam. . . lamenteth first , that their kings were captives ; then , that they had no nobility , for their princes were captives too ; then , the law is no more ; justice is gone with the king ; and then , the prophets find no vision from the lord ; religion is gone too . will not all this lead us to better thoughts , a better esteem of salus regis , of the safety of the king , the preferring of his divine right , and royal prerogative ? it may be our zealots account those prophets no better than court parasites . cyprian , or some other ancient author masked under his name , summeth up shortly but pithily the happiness of people in a king , de abusionib . saeculi , cap. . in fine . est pax populorum , tutamen patriae , imm●nitas plebis , munimentum gentis , cura languorum , gaudium hominum , temperies aeris , serenitas maris , terrae foe●unditas , solatium pauperum , &c. the words are plain enough , they need no interpretation . what mean they then who magnifie this maxim , salus populi suprema lex esto , let the safety of the people be the supreme law , to call it in a narrow sense , abstracting à salute r●gis , from the safety of the king , the transcendent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all politicks ; the paramont law that giveth law to all laws whatsoever , that the law of prerogative it self is subservient to this law , and were it not conducing thereunto , it were not necessary nor expedient ? some more superlatively excessive commendations the observator and others gives unto this maxim ; which how they cohere with what we have brought from scripture , and said by its warrant , i humbly submit to the intelligent , to the impartial reader ; and come to consider the no less lame , than extravagant consequences the observator deduceth from this mis-understood and abused maxim. they be four , which when we look upon them inwardly , are such as never saint of god , nor sound politician thought of before ; we shall follow him in his order . the first consequence that he knits with this antecedent , the safety of the people is the supreme law , is an , ergo , the king is bound in duty to promote all and every one of his subjects to all happiness . certainly , there is more in the conclusion than is vertually included in the premisses ; for when salus populi , the safety of the people , to which the king is tied , to conclude omnis foelicitas populi , all happiness of the people , and with that large extent , to all and every one , may well be answered with a non sequitur , that the consequence is lame : the reason is clear , salus populi may subsist without foelicitas populi , foelicitas dicit quid majus ; the safety of the people may subsist without the felicity of the people , for felicity of the people is the safety of the people , and somewhat more . i demand of the observator and his complices , who ever heard that either by the law of god , nature , or common equity , the king is bound to promote all and every of his subjects to all happiness ? god is not so rigorous a task-master : nor is the notion of the word [ protect ] either in it's native or used sense , to which the king is bound , so large , as to tye him to promote all and every subject to all happiness . it is not imaginable , the tenderest-hearted father or mother can do this to their best beloved child , nor doth god or nature require it . doth the observator by such consequences intend to make a kings charge intolerable , god injust to impose it , a king unable to do it , and resolves to condemn all kings who do not so provide for the happiness of all and every one of his subjects in the highest measure ? who will deny but every king is bound to level all his actions , intentions , and endeavours , for the peace , plenty , and safety of his subjects in common ? but to put this burthen on the king which neither he nor his fathers were able to bear , is too hard a measure . we may expect this from his goodness and bounty , we cannot charge it upon him as necessary , and incumbent to him of duty . are not all and every one of subjects by duty and oath tyed to salus regis , to provide for his safety , honour , wealth , and power ? are not we sworn to it in the oath of allegiance , to assist and defend all priviledges , preeminences , and rights belonging to his highness , his heirs , and successors , or annexed to the imperial crown of this realm ? if all have not taken this oath , all born in his majesties dominions are bound to it ; of all it may be actually exacted : and the statute . eliz. cap. . ordains that all barons , knights , citizens , burgesses elected for the parliament , who shall not take the oath of allegiance made . eliz. at their entry in the parliament house , shall have no voice in parliament , but be construed , as if they had never been elected , and suffer such pains and penalties , as if they had presumed to sit in parliament without election , return , or authority . by this oath mentioned in the statute , they are bound to bear faith and true allegiance to the queens highness , her heirs , and lawful successors , and to their power assist and defend all iurisdictions , priviledges , preeminences , and authorities , belongging to the queens highness , her heirs and successors , or united and annexed to the imperial crown of this realm : or likewise by their oath , . iac. being bound to defend him and his lawful successors to the uttermost of their power against all conspiracies and attempts whatsoever , which shall be made against his person , crown and dignity , by reason of any sentence or declaration flowing from the pope , or otherwise , and to their best endeavour to discover and make known to his majesty , his heirs , and successors all treasons , and trayterous conspiracies , which they shall know , or hear to be against him or any of them . here you see all subjects and every one to the uttermost of their power , are bound to assist and defend the kings right and prerogative , and that none can enter the houses of parliament till actually they swear it : will it therefore from hence follow , that all and every one of his majesties subjects , at least such as have entered the houses of parliament , all and every one of them are for-sworn , who have intended or attempted any thing besides , or who intending or doing it hath not raised him to the highest degree and pitch of honour , glory and power ? in this case i am hopeful the observator , like iudah , will be more favourable to himself and his patrons , than he is in the other to his sovereign : who , before these new statists , that ever wrote the charge of a king , bound him to promote all and every one of his subjects to all kind and highest degree of political and temporal happiness ? is it in the power of the most puissant monarch upon earth to advance all his subjects capable and deserving men to the highest pitch of happiness and honour ? parcius ista viris , &c. to shut up all that concerneth this first absurd consequence drawn from this abused maxim , i intreat the observator to remember that almighty god did never judge it fit to entrust the people with their own safety ; but in a subordinate way , hath committed this trust to his anointed , his vicegerent upon earth : from whence issueth this consequence , that salus regis est salus populi , the safety of the king is the safety of the people : as salus animae is salus corporis , the safety of the soul is the safety of the body . the fathers judged it so ; see iustin martyr quaest . & resp . ad orthod . q. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this holy father knew no other case of a kingdom , than that the king is the soul , and the subjects the body . let the observator judge then , where the safety is most considerable : and learn from salust , animi imperio , corporis servitio utimur ; or from tacitus , nempe iis , that is , imperatoribus , dii imperium dedere , nobis obsequii gloria relicta est . and the heathen will learn him to acknowledge , that the honour and safety of the king , his glory , and entire prerogative is the transcendent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all politicks , the paramont law , that giveth law to all laws concerning private men , their lives , estate , and honour ; and that all subjects are to promote the sovereign right and prerogative to the utmost of their power , as the publick soul of the kingdom , and the breath of their nostrils . the second corollary , which the observator deduceth out of this principle , salus populi suprema lex esto , is , that it were strange if the people subjecting themselves to command should aim at any thing but their own good in the first and last place . this consequence presupposeth two errors , the one is , that the people are the immediate authors and donors of sovereignty , which we have already refuted : the other is , that the conveyance of sovereignty is by trust , and that in that portion and proportion the people please , the error of which we will by god's grace discover in our third question . to take this off briefly , i ask of the observator , that seeing god hath ordained rule and subjection , and directeth mankind to their greatest convenience by government ; and seeing god and nature teach , and all do acknowledge that the good , plenty , peace , and safety of the people cannot be effected or attained to , except the king be proportioned to so high a degree of honour , wealth , and power , that as father he may protect all , administrate iustice , secure from oppression and sedition at home , and from invasion abroad ; and have main tenance proportionable to these ends , whether or not in order of nature , in the first place it is necessary that this power , honour , and maintenance be secured to the king , without which we cannot expect safety , peace , or good to the subject ? except we have made a divorce betwixt our selves and reason , we must grant this truth . if you will trust saint chrysostom , hear him speak it upon rom. . upon these words , he is the minister of god for good unto thee , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in which words two things are expressed ; first , that the king is immediately sent from god ; the other is , that he is sent for our good ; no safety then for us without him , and for both respects we are to honour him , for all good which we have by our industry is by influence from his government , and he is a co-worker with us , and auxiliary in it . if this be not enough , turn to him , upon the words , not only for wrath but for conscience sake ; where he saith , that the king is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he is the procurer of peace , and base and bottom of all politick economy . innumerable good things come by princes government to the society of men ; which if you take away , there can be no cities , no right to lands or revenues , no house and family can subsist , no commerce and trade can be had , all shall be overturned , the stronger devouring the weaker . to st. chrysostom's suffrage joyn st. augustine tom . . tract . . in ioh. tolle jura imperatorum & quis audet dicere , mea est illa villa , aut meus est ille servus , aut domus baec mea est ? and a little after , per jura regum possidentur possessiones : the result is this , if you take away the right of kings , none dare say , the lands are mine , this servant is mine , or i have right to this house . it is by the right of kings that all our rights and possessions are secured . it is more than manifest then , that the right of king and subject , the safety of king and subject , are naturally conjoyned , and so intimately involved the one in the other , that in the moral notion they may be esteemed identically the same , no less than soul and body make up one identical , personal subsistence ; or at least , se mutuò ponunt & tollunt , destroy the kings right and good , and with the same act , the same blow , you destroy the subjects too . if you provide not for the safety of the king , you cannot possibly secure the safety of the people . what god hath conjoyned , let none put asunder . let it never then again be spoken or heard by christians , that the good of the subject is the alpha and omega in government , and demandeth by right the first and last place . the third consequence is this , that the king looking upon the whole state , reflecting upon what graces he hath granted or may grant to his people , he cannot merit of it , and what he hath granted , if it be for the good of his . people , it hath proceeded but from his meer duty . well , by the observator we see the king is placed in no better condition than a servant , nay , an unprofitable servant , for when he has done all he can do , he was onely done his duty . by these means , grace is not a fit compellation for kings ; acts of iustice he may do , but no acts of grace . o misera regum sors ! on the other part , the people are stated in that sublime condition , that they may supererogate with their prince , by doing many acts of bounty , favour , and grace . by this assertion , a prince is disabled from doing any courtesie to his subjects . before this miserable distempered age , was it ever heard , but that it was the greatest happiness of a king , that he was able , and his greatest glory , to oblige his people by acts of grace , bounty , and courtesie ? but now the world is so turn'd topsie turvy , that when he has done all he is able , he hath onely discharged the duty of a faithful and trusty servant . turn the tables , and then see what you will judge of the throw , do not all we subjects owe duty to the king ? are we not tied to advance his honour ? yet upon extraordinary services we believe we can deserve well both of king and countrey . will you not , observator , allow the king the like measure ? this conceit is a popular deceit , and not virtually onely , but also really , destroys the ground of beneficence in a king , and the duty of gratitude in a subject . by this it appeareth , that it is a naked , nay , an hypocritical complement , when both houses in parliament , after graces granted , present their humble thanks , and heartily acknowledge his majesties gracious favours . must not the like hold betwixt a father and his family ? and shall we by these grounds be constrained to acknowledge all the acts of a father to his family , to be no better than acts of meer justice and duty ? in the dialect of scripture , and heathen writers , homer . odyss . . kings are fathers . and yet the observator standeth not to say , that the father is more worthy than the son in nature , and the son is wholly a debtor to the father , and can by no merit transcend his duty , nor challenge any thing as due from his father , for the father doth all his offices meritoriously , freely , and unexpectedly . we will not be at pains now to examine this , onely i demand , if this hold according to his judgment in a father of a family , how comes it to pass that it holds not in patre patriae , in the father of the kingdom ? the obligation to pater patriae , to the father of the kingdom , is stronger , is straighter , than to pater familiae , to our natural father . and the school doth teach us , and all divines besides , for ought i know , that we are bound to love the king appreciativè , by esteem , more than our selves , although we cannot do it intensivè , with the same intension , and degree of affection . david's subjects said to him , thou shalt not go forth with us to battel , for thou art better than a thousand of us ; that is , in sound meaning , than all of us . the observator hath a quirk or trick rather for this , that the king is not a father to his people taken universally but singly . nothing could be said more absurdly . i pray you , is not the father of many sons no less father universally to all than to every one ? is not the king bound no less to protect all his subjects universally , than to protect every one severally , singly ? are not all bound no less universally than singly , to honour the king 's sacred person , obey his sacred commands , and contribute to the maintenance of his honour , wealth , and power , to assist and defend him in all difficulties ? if you will not acknowledge a subjection upon all universally , how can you tye the king to a protection of all universally ? in philosophy this is most absurd , for hereby you make tot civitates in regno , quot subditos , as many kingdoms as there be particular and single subjects ; because the king and every subject make up a perfect city or kingdom . if it were not more absurd in divinity , and contrary to god's ordinance , we would not plead much nor press much the absurdities of philosophy . saul and david in the holy diction of scripture are called heads and captains of all the tribes and people of god. let never these consequences be more heard . . the fourth consequence is as impious and absurd as the other three ; which is this , that a prince ought not to account it a strength and profit to him , which is a loss and wasting to the people , ( i agree to this with all my heart , but that which followeth i cannot relish ) nor ought he to think that perisheth to him which is granted to the people . this is most false : hath not the king his own right from almighty god ? can he make it away without betraying gods right , and the trust he hath put upon him , he being god's vicegerent onely and feoffee in trust ? how can the subject be free of sacrilegious guiltiness to take it from him , if lavishly or inconsiderately he will make it away ? this is not onely robbing of sovereignty of its due , but divine usurpation , and intrusion upon almighty god. what one hath by trust from another , he cannot intitle another to it , till he have warrant from him who hath given the trust. that the king hath some right incommunicable to the subject , is so manifest , that he that will deny it , must deny scripture . our lord and master in the gospel hath commanded to render unto caesar the things that are caesars , as unto god the things that are gods. this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , render , imports something peculiar ; nay , it hath more in it , that if we will detain it , if we have assumed it , or would assume it , that by christs precept we are to restore him to his right again . this the word render intimates and commands , and consequently the king cannot part with it ; and if the subject hath usurped upon this right , it is high sacrilege to detain it . in this sense kings , their persons , their charge , their right , their authority , their prerogative , are by scripture , by fathers , by jurists , called sacred ; because by gods sacred ordinance they are inherent in their crowns , inseparably adherent to their scepters , which if he grant away , he is no more king , than the body is a living creature after the separation of the soul ; and the robbers and cheaters of kings out of these rights are regicides . nor are these prerogatives onely for the excellency , preheminency , and honour of the king above his subjects , but also to enable him for actuating his high charge to gods glory and the subjects good . these , as we shall by gods grace speak , quaest. . are as the lawyers speak , in indivisibili posita , quae distrahi non possunt , alienari non possunt minui non possunt ; that are so indivisible in themselves , and naturally and intrinsecally inherent in the crown , in his sovereignty and supremacy , that they cannot be made away , or so communicated to the subject , ut defluat radix supremae potestatis , to divest himself of them , ad minuendam majestatem , to lessen sovereign majesty , although by trust and delegate power the execution may be entrusted to others , ad minuendam solicitudinem , to ease him of unsupportable burthen . these are fitly resembled by the royal crown , from which if you take away the least part , you spoil it so in its nature and shape , that it is no more a crown ; as king iames of blessed memory , and others have well expressed . by what is said , i refer it to the judgment of any that hath reason or common sense , whether or not it be true , that a king cannot make away to the subject any of his right without disadvantage ; for by what we have said , it is more than apparent , that he hath a right personally inherent in himself and his successors , as a depositum , a trust from god , which he cannot part with , without betraying the trust god hath committed to him , with which the subject cannot meddle , without sacrilege in the highest kind ; and which cannot be done , without disabling sovereignty from doing that service to god and his people , with which he hath charged him . lest any mistake us , i resume what before i have said , that we maintain not that our king by this right from almighty god hath dominium despoticu● or herile , we plead onely for paternum ; that is , that 〈◊〉 the subject cannot without sacrilege , royal and divine usurpation , trench upon sacred prerogative of the king ; no more can the king by any right from almighty god trench upon the liberty of the person , and the propriety of the goods of his subjects , without presupposal of a lawful act of iurisdiction : that is , if any or many of his subjects transgress against him , his laws , or common equity , he may commit their persons , take from them their lives , seize upon their whole , or a part of their state , proportionable to the demerit of their offence . our gracious sovereign , blessed be god for it , will never wave that saying of seneca's , imperium unius , proprietas singulorum : the sacred prerogative is the kings , but it derogateth not from the liberty and property of the subject : it must be entirely secured , that it may secure our liberty and property . how unequal and partial are we to think the king may prodigally waste away his prerogative , and we may lawfully invade it , because no grant made to his people perisheth to him , and yet upon the other part will maintain , that the king cannot trenoh upon our liberty and property without highest tyranny and oppression ? medio tutissimus ibis . hold both , practise both ; let the king have his , and the people their right , and peace shall be upon israel . king and people have their proper and peculiar , and yet several and distinct rights . what law ? what right ? what reason is it ? that the king may , or should part with his sacred right , and yet warrants the people to preserve their rights , nay , to invade and challenge the king 's right ? it feareth me , that high sacrilege , robbing god his anointed , and holy church , is not the least crying sin that hath brought upon us these miseries ; and many good men fear , that kings giving too much way to harpyes to rob god and his church , have made a furious multitude to invade the sovereignty of kings , to teach kings to be more zealous and careful to preserve christ and his churches rights . let us remember that god and true policy have so inseparably united and conjoyned the interest of king and people , that they be almost altogether the same ; upon which necessarily it followeth , that the people ought not to account it a game or strength to them , which they obtain and acquire by a loss and wast of his prerogative ; nor ought they to think that perished to them , which is gained to him ; and by which his prerogative is strengthened , he more enabled to protect , and they the more secured in safety to enjoy liberty and propriety , with peace and plenty . to reason à salute populi , from the good and gain of the people , to the weakning or destroying of royalty and sovereignty , is sophistical ; it is that sophism they call , à dicto secundum quid , or à limitato ad absolutum ; to reason from one end of government to the destruction of the other , which is more excellent , and which effecteth and worketh the other , is totally to overthrow royalty and government . the compleat and adequate end of monarchical government , is as we have said , to preserve the kings prerogative entire , and the liberty and good of the subject too . if any man reason after this form , in the case betwixt the head and the body , the wife and the husband , he will soon discover the fallacy of this sophism . it is right , just , necessary , and honourable for a king to proportion his laws and government for the good and safety of his people ; and on the other part , it is as just , as necessary for the people , to hold that salus regis suprema lex esto , the safety of the king , of his sovereignty and right , ought to be the paramont law , without which no safety can be to the publick state , nor to any private mans well-being . if such sophisms as these were confined within school-walls , for the exercise of wits , it were no great matter ; but such abused principles clogged with such paradoxal consequences , have a mighty influence upon the multitude , and will make them assume to themselves , or commit to their representatives an arbitrary power , which placed in a wrong hand , cannot chuse but produce monstrous mischiefs . these maxims with their absurd consectaries embolden them , authorize them to pull his crown from his head , wrest his sword out of his hands , seize his ships , forts , magazines , ammunitions and revenues , if they apprehend it fit for their own good : it will make them break thorow all inferiour laws , that no more shall we have or know for law , but what it shall please them to unfold at pleasure out of the closet of their breasts . and if this power be in some few , or in many , who are back't by the greater part of the people , having a domineering power over the judgment and affections of the people , gulled with fair and false promises , and vain expectation of a glorious reformation in church and state : what person how innocent , how well-deserving soever , can be secured in the liberty of his person , and propriety of life and goods ? shall it not be a sufficient and just warrant , to commit innocent men to ieremiah's dungeon , to prove them guilty at leisure , because they are disaffected to the good cause ? shall it not be just to take from men , what portion , what moity of their state and revenues they will , and sequestrate them for the publick , because they cannot confide in them ; and the good cause must be maintained upon the estates of bishops , malignants , and delinquents ? god forgive you . remember there is a god in heaven will call ahab to an account for naboth's vineyard ; repent in time and make satisfaction , before the evil day come upon you . may they not by the same grounds disarm whom they will , to weaken gods enemies ? those maxims and sophisms will make way to rebellion , to murther the most innocent , the most deserving men . it will at last come at that , except god and sovereignty right it , that it will be a crime to have wealth , and treason to be faithful and loyal to king , church , and state. this maxim with the annexed sophisms , is enough to destroy king and kingdom , church and state , and at last send the authors , and those are set on by them packing to hell : from which good lord deliver them and all of us . but what may be the proper , natural , and innocent sense of the words , salus populi suprema lex esto ? no doubt they have a good and just sense , if they be not ●acked upon tentures beyond their just extent . it was , as we have said , and as it appeareth by cicero de legibus , one of the laws of the twelve tables , and 〈◊〉 paramount law too . but it is only tant ' amount , as salus publica suprema lex esto , let the publick safety of 〈◊〉 be the paramount law. it is transcendent in this respect , that government first and principally regard●th the common good and safety of the whole ; and 〈◊〉 the next place it intendeth the private good of eve●y private singular one subordinately . conservatio spe●●ei , est potior conservatione individui ; the preservation 〈◊〉 the spece and whole , is intended more by nature , 〈◊〉 the preservation of any individual . the word populus in classical authors and its ordinary use is more than ●le●s ; plebs is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a derivative from many ; but populus is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; id est , à mul●●pluribus . plebs comprehends only the vulgar and baf●e● sort of the society ; but populus , omnes ordines hominum complect●tur , comprehends in its extent all men in the kingdom , of what condition or quality soever . ss . plebi●scitum de jure ●atural . apud . iustinianum . nicholaus porretus ad . epigramma martial . in corn●copia . by which it is easily conceived , that in this salus populi , in this salus publica , salus regi● is necessarily involved . the word publicum , as latin authors well observe is a populo and 〈…〉 , that it may sound the better in our ears , we pronounce i● publicum , 〈…〉 so that publick and popular in their origina● sense are equivalent . popular●s actiones in the diction of law , are the same that 〈…〉 de popular . action . actio . p. l. 〈…〉 de 〈◊〉 . p. and 〈◊〉 sacra , if we will trust festus and labeo , were those solemn festivities 〈…〉 kept by all the people , governour and governed , different from those solomnities which were peculiar 〈◊〉 some families only , as fornical●● and pali●ia . 〈◊〉 which it is manifest , that sal●● regis in this law 〈…〉 as well as salus 〈…〉 and you are not by the one to exclude 〈◊〉 other . v●pian the great , 〈…〉 but in that that is 〈◊〉 he defineth the contrary way , that 〈◊〉 is that that be longeth ad singul●●um 〈◊〉 , to the singular an● peculiar good of every one sing●y , as 〈◊〉 saith , l. i●● de rer . dr●is . l. . p. ●it . . publi●●● . rer . nulli●s in ho●●● esse ; contra quae su●it singalorum ; and m. terentiles 〈◊〉 hath observed , aliud esse . populi universi personarum , aliud singulorum , & quod populus est in sua p●t●state ( understand him to speak where democracy is the supreme government ) singuli in illius . with what is said , see how it can subsist , that salus populi is to be conceived of the safety of the subject , without respect to , or consideration of the safety of the governours . in latine authors the sense is this ; salus publica suprema lex est● . in vlpian's sense it is , salus rei romanae suprema lex es●o . the same is the signification of the greek word 〈◊〉 , for where iustinian , ss . plebiscitum de jure n●turae gentium , explaineth the word populus to contain in it all orders and conditions of men within the empire ; his paraphrast useth the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which cometh from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to bind together ; that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a chain or tye , and no tye to keep a multitude together in one , without government and governours . i do not deny but the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes in greek ●ignifieth the meaner sort of 〈◊〉 people , and homer and others take 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for an ordinary common man , to which they oppose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a king , and nobleman : and the latines sometime use the word , a popular man for 〈◊〉 plebeian man , or a man of low condition . so plaut●●● praestat divitem & popularem esse , quam nobilem & mendicum . notwithstanding in its proper , first , and most used sense , it comprehendeth all men and conditions of 〈◊〉 , not excluding governours more than subjects ; and so is to be taken in the law of the tables , salus populi suprema lex esto . let us come and examine literam legis , ( as the jurists speak ) the letter of the law. salus populi i find here is lex , a law ; and suprema lex , the paramont and trans●endent law : then it cannot be racked further , nor wind up to a higher pitch , than to be a law , and a supreme law. the substantive is lex , the law ; the epithet and adjective is suprema , the supreme law. then this law of salus populi , of the safety of the people , is only a law which is supreme , and above all other laws ; it doth not trench upon the prerogative of the suprema potestas , upon sovereignty which giveth the law. transcendent it is above all laws , but seeing it is only lex , a law , it is not transcendent above rex , the sovereign in a monarchy . to interpret it thus , it giveth to the law an heterogeneous sense , and is de genere in genus , leaping from one kind to another . do not our adversaries acknowledge , that during the democratical government of the people of rome ; the people had summam majestatem , summam potestatem , and legibus solutam ; had the supreme power , that majestas was populi , the people were so much master of the law , that they might abrogare , derogare , obrogare , stop the execution of any law , take from it , add to it , or totally abrogate it at their pleasure ? and will they be so unjust to force this upon us in a monarchy , with a contrary sense destructive of sovereignty and supremacy in a king ? if we will be pleased to look more narrowly upon the true meaning of this law , salus populi suprema lex esto , it will be so far from putting a curb upon sovereignty . wheresoever it be fixed , in one , few , or many , and license the people to right sovereignty upon real and fansied exigents in necessity , that upon the other part it will advance sovereignty . it is most true that all laws should be proportioned to the publick good of the sovereign and people ; and so this law is a transcendent law , for it is found intrinsecally in all laws , as the transcendent affections , unum , verum , and bonum , are found intrinsecally in all and every entity . but this is not that which is meant in salus populi suprema lex esto ; the meaning is , that the kingdom or state , not only possibly and probably , but really and existently may be such , that the sovereign must exerce and exercise an arbitrary power , not stand upon private mens interest , or transgressing of laws , made for the private good of individuals ; but for the preservation of it self and the publick may break thorow all laws . this case may be , and sometimes is , as when sudden foreign invasion , or strong home-bred sedition threaten king and kingdom , state and republick with present and almost unavoidable ruine . as you see in a natural body , the physician will rather cut off a gangrened member , and the patient resolve to endure it , than that that cancer corrupt and destroy the whole body . look upon the romans practice ( which the jurists say is optimus legis interpres ) and you will find this is the just sense of the law. do not livie and dionysius ha●icarn . tell us , that it was ordinary to the romans , in case of extream danger , to chuse a dictator , ( the greatest sanctuary they had in all extremities ) who according to his own prudence , arbitrement , and discretion , was to command and do what he thought fit to be done , and to act for the preservation of himself and the state ? his commission runs at large ; videat dictator ne quid detrimenti respublica capiat ; which videat was not a charge given , for discharge of which he was not accountable to any , but a full sovereign intire commission to rule in peace and war , in life and death , over persons and estate , goods and honour , without controulment , reluctation , or contradiction ; the rule being none else but arbitrium boni viri . he was subordinate to none : none was co-ordinate with him ; nor after the expiring of six months was he accountable to senate , consuls , tribunes , any , many , or all ; nor controulable by man , by law , by statute , by custom , or what else in that kind is imaginable . what can be more apparent then , than that this l●w was never made of purpose to warrant people in a real or fancied exigent of necessity , to rise against their prince ? but to allow to sovereign power , wheresoever fixed , a more transcendent power in the case of extreme danger and difficulty . nature teacheth , that in necessity this is equitable . if any attempt to wound the head , arms and hands , legs and thighs will defend with the loss of themselves , before the head be wounded . if a canker be in hand or foot , before it gangrene the whole body , we will condescend to the cutting of them off . in this sense which we have explained , salus populi suprema lex esto , is a law that hath no iniquity in it , but hath a good , just , and equitable sense . yet it is not to day onely , or yesterday , that this maxim hath been abused to work much mischief . this mis-understood principle or law put christ to death . the scribes and pharisees , high-priests and sanhedrim avouched , it was necessary that one should dye for the people ; the high-priest spoke it , not knowing how in a prophetical sense it was necessary , but meaning that salus populi required it ; the whole land , and all of them were in danger . and in this case , with the influence of this law , it was enough to alledge their authority and unanimous co●s●nt . they were not tied to proofs . they had a law of which they were interpreters ; or if not , they had a legislative power , by which for salus populi christ must dye . when pilate found him innocent , their answer was sufficient , if he were not a malefactor we would not have delivered him unto thee . salus populi , or nothing else was the law , the paramount law , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all politicks , to which pilate's power delegate from the romans was subservient . but what was the effect of this work , wrought by this paramount law ? it wrought the utter extirpation of them and their posterity . the over-ruling voices of the high-priests , scribes , and sanhedrim , forced pilate to crucifie the god of glory against his heart , his conscience . this was high injustice in him , he acknowledged christ's innocency , and knew that for envy they delivered him up : ioh. . . matth. . . he knew besides , that without his authority he could not be condemned . if we could or would seriously look upon this example , and make right use of it , it would deter us from making too much of such deceitful and deceiving maxims , which in the end will lead us to our total destruction and overthrow . it was this salus populi , that made saul to spare , against gods command , agag , and the amalekites . it was this that seduced zedekiah , made his lords over-rule and over-awe him , and clap up ieremiah in the dungeon . it is a great mistake in which a great and learned man in this age doth gather , from the words of a king to his nobles ; behold he is in your power , for what is the king that he can do any thing against you ? that the kings of iudah by some power equal to them or above them , might be counter-manded . the expression is de facto , not de jure , intimating that the good king was so over-awed by his lords , that he could not protect the lords servant , the prophet ieremiah , although he knew he was bound to it , and willing too : when a good king is put in such a case , the state of king and kingdom are in greatest danger . there is enough said to discover the grand impostures of this abused maxim , salus populi suprema lex esto ; for by what is said , it appeareth , . that it is not to be conceived in that large sense , as if all governours and government were principally for the good of those are governed ; it holds not in marital , nor despotical , nor in royal government by conquest . . next it taketh as granted ( in the sense of our adversaries ) that the compleat and adequate end of government is salus populi , which is an errour , for it is salus regis & populi , and salus regis hath the first place , without which salus populi cannot be . it hath the prerogative like to the first table , and salus populi as the second . to destroy the prerogative and royal power , is to bring ruine to our selves . . thirdly , it is spoken in ordine ad alias leges , non ad regem , in order to other laws , not to prove the king the extract of the people , or that by them he is coerced ; but that in case of extreme necessity the king for his own and the kingdoms safety may break thorow all other laws , as he thinketh fit in his discretion to preserve himself and kingdom . . fourthly , in the sense our adversaries use it , it cannot but disquiet king and kingdom , upon real or fancied fears and jealousies . . fifthly , misapplied and misunderstood , it hath been the mother of much mischief . . lastly , let every subject and christian within his majesties kingdoms consider and remember how he is bound by nature and grace to salus regis , to maintain the kings right , priviledges , and prerogatives , besides that all of any quality , and the better sort have taken an oath to maintain it . with which how any can dispense , i profess i see not , i know not . we need not spend much time or pains in taking off that other abused principle , a king cannot be with●ut the people , but the people may be without a king , with its consequence , ergo , the people are more excellent than the king ; for what is already said taketh away the strength of this argument and consequence ; for if they will resolve their antecedent thus , or frame their argument thus , the people may be without a governour or government , ergo , &c. the antecedent is most false , and so can bring home no conclusion at all . we have proved already , better not to be at all , than to be without government ; and for this cause god fixed government in one , and appointed a governour , before ever there were people in the world to be governed . cicero doth tell us this , lib. . de legibus . nihil porro tam aptum est ad ius conditionemque naturae , quam imperium , sine quo nec domus ulla , nec civitas , nec ge●s , nec hominum universum genus stare , nec rerum natura omnis , nec ipse mundus potest . i know what the sectary and jesuit will rejoyn , the people may be under aristocracie or democracie in a happy condition , ergo without monarchy or a king. i do not blame aristocracie or democracie as unlawful governments , god sorbid , for then all their acts of lawful government could not chuse but be sinful ; but that they are univocal species of government with monarchy , i can never be induced to believe , ( as by gods grace we will demonstrate it , quaest. . ) governments they are , but defective ; if man had never fallen into sin , aristocracie had never been known , nor democracie seen in the world , nor were they at first : it was the corruption of monarchy produced them into the world . monarchy by god in scripture is much countenanced , magnified ; of aristocracie or democracie you have not one word in holy writ to commend them . that a people under aristocracie or democracie may have some tolerable subsistence , i deny it not , but that they can be in an happy condition i doubt of it ; especially for the church , whose condition can never be happy under any government but monarchy : for proof i appeal to all by-gone ages in the christian church , and pray our adversaries to shew us , where the church is in plenty and honour , where aristocracy is the government . in scripture it is prophecied , ecce reges erunt nutritii tui , that kings shall be the nurse-fathers of the church , there is no word to that sense for any government besides monarchy . if they make use of this argument to prefer aristocracy or democracy to monarchy , there reasoning is not sure , and concludes not ; no more than when i reason thus , a man may walk without legs of bone and flesh , for he may walk on wooden legs , if he hath lost his natural legs with the blow of a canon , or by a gangrene ; or he may walk upon crutches if he be a cripple , ergo , wooden legs and artificial , or crutches , are better than the natural legs and feet man is born with . in brief , no society can subsist without government , the best of governments is monarchy ; and people cannot be happy , except the king and monarchy be proportioned to that height of power , honour , and wealth , as he be able to secure himself and subjects from all mischief , iniquity , and disorder ; and the good , safety , and happiness of the subject is naturally and necessarily involved in the sacred right and prerogative of the king , that whosoever conceiveth that the good of the people can subsist with lessening and weakening the right of the king , is , as if he should imagine to see the branches of a tree bud , flourish , and bring forth fruit , when they are broken o● from the root ; or to see a river of running living water divided from the source and fountain of living water , or to apprehend that the ray of the sun can inlighten , when it is separated from the body of the sun. let never a king imagine his happiness can subsist or consist without the happiness , peace , and plenty of his subjects ; and let not us that are subjects imagine that we can be happy , or preserve our right , our liberty , our property , if we account not the lords anointed the breath of our nostrils , and value his right , his prerogative , at a higher rate than our lives . these are by god and nature so involved mutually one in another , that without destruction to both they cannot be put asunder . chap. xvii . a king is bound to be as eminent in sanctity , as he is excellent and high in power . there be a great many more of these new state-devised principles , with which our antimonarchical sectaries intoxicate the vulgar ; as that protection and subjection are of equal extent ; that a mixture and temperature of the three proper species of government , is the best of governments ; ( which , if it be not rightly understood , is a most dangerous position , and in the sense many conceive it , it is not temperamentum regiminis , but turbamentum ) that plus vident oculi quàm oculus ; that rex est universis minor , singulis major ; that the charter of nature intitles us to our defence against kings ; that rex est propter populum ; that a king at his coronation sweareth and covenanteth with his subjects , which if he perform not , he is punishable , dethronable ; that in a monarchy , the legislative power i● communicable to the subject , and is not radically in sovereignty in one , but in more ; that quod omnes tangit ab omnibus tractari & approbari debet ; and a great many more ; all which , by gods help , we shall examine in the subsequent questions , as every one of them offereth it self in its own proper place . we now come shortly to point at the great charge of the king , as we have before proved the excellency of his sacred charge and person . what we have said of the excellency of kings , that they are the derivatives of god , from him by generation , his first-born , god's upon earth , &c. if it be rightly weighted , it will humble them in the presence of god , in their own esteem , and not suffer them to swell in pride ; it tieth them to a proportionable sanctity and eminency in holiness and integrity , as far in degree above the ordinary , as they are exalted in state and honour above the sons of men . isocrates writing to nicocles , saith to him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the sense is the same we have expressed already , the higher in honour , they are tied to a higher perfection in virtue . saint austin saith well , tom. . enarrat . in psal. . quantò sublimitas altior est , tantò periculosior est . ideoque reges quantò sunt in majori sublimitate terrenâ , tanto magis humiliari deo debent . kings , as related to men , are gods , in order to almighty god they are frail and mortal men , psal. . . they are gods on earth , yet onely gods of the earth ; and are no less , if not more accountable to god than any other men whatsoever . he trieth their works , searcheth out their counsels ; and if they judge not aright , horribly and speedily he will come upon them ; a sharp judgment shall be to them that are in high places ; mercy will soon pardon the meanest , but mighty men shall be mightily tormented , ( wisd. . , , , , , , . ) for he who is lord over all shall fear no man's person , neither shall he stand in awe of any man's greatness , for he hath made small and great , and careth for all alike . no difference there is betwixt a prince and a peasant except only in this , that as the prince is higher than all , so his crime and sin is above all , and his punishment will be proportioned to the like and answerable height . princes being derived immediately from god , and with that honour to be the first-born children of god , and sons of the most high ; what measure of holiness , what degree of righteousness is required in them , so highly advanced ? they should be holy , as their heavenly father is holy ; they should be perfect , as their father in heaven is perfect : and this not only in their private conversation as christians , but also in their publick government as fathers of the kingdom , and nurse-fathers of the church . nothing addeth more to the disgrace of a wicked man , than when we reflect upon him , as descended from a noble and high stem . solomon saith , prov. . . it is an abomination for kings to commit wickedness : and the fear of the lord is the glory of the king. no foundation of a king so sure as obedience to him that made the king. nothing more dangerous in a king than rebellion against god. happy are kings when they resolve with david , psal. . . i will hearken what the lord will say unto me . but above all , kings are bound to advance piety and that both in their private and publick devotions , and in their publick government . they ought to be more frequent in their private devotions than any else , and in the publick to be most reverent in their gestures , that their practice in piety , in devotion , in private , in publick may be exemplary : regis ad exemplum totus componitur orbis . this duty they owe to god as professores fidei , but they are bound to another , as propugnatores fidei , that is , to see that the purity of faith and worship be preserved with that solemnity and decency of sacred places , sacred things , sacred persons , sacred gestures , as god hath prescribed , and the holy catholick church hath practised and allowed . the preservation of the sacred right and prerogative royal is that secureth and preserveth the right and liberty of the subject : and it is the maintaining and preserving of god's and holy church's right that preserveth kings and their crowns . happy is the king who with david can say , psal. . . lord , i have loved the habitation of thy house , and the place where thine honour dwelleth : upon this he may with david confidently pray , vers . . gather not my soul with sinners , nor my life with bloody men . if the king's delight be in the sanctuary of the lord , although trouble fall upon him , yet help will come to him out of the sanctuary , that will save both him and his crown , psal. . the highest honour , the greatest happiness that ever david attained to , was to bring back again the ark of god , to leave a great treasure for building of the temple , chron. . . . and to raise the church , and establish the worship and order in it's height of perfection , chron. . , . when he finished this work , he rejoyced more than ever . then he said , psal. . . a day in thy courts is better than a thousand elsewhere : it was better be a door-keeper in the house of the lord , than to dwell in the tents of wickedness . it was this that made god send to his king deliverance out of his troubles , psal. . vers . ult . it was this that established his house and kingdom for ever ; it was this that crowned him with a crown of pure gold here , and of immortal glory in heaven . kings at their coronation offer their crowns , scepters , and swords to god at his altar , and receive them from thence ; the one ceremony signifieth that their sovereignty cometh to them immediately from god ; the other signifieth that they offer all first for the service of god : it is a vow or dedication of themselves and their power for the advancement of gods glory : to this add , that this is solemnly sworn by them , to maintain the purity of the faith , and worship , and the priviledges and rights of holy church ; and lastly , all is sealed with the receiving of the sacrament off the altar : what then can free kings from these ties ? and how fearful a thing is it , for them to be principal actors , or accessary to bad counsels and courses , to give up a church , or to wrong christ and his rights ? there be a great many that practise machiavel's politicks , affirming princes are no more tyed to church and religion , than as both of them are subordinate and subservient to the politick government , and good temporal : these are truly atheists , who , ierob●am like , care not , at all for god nor religion , who abuse them to their own private ends : they may for a short time flourish , but in the end god will root out them and their posterity ▪ and their memory shall be had in execration , as pilate is remembred in the creed , and iudas recorded in the gospel . there be others who seem more moderate , whose counsels are no less pernicious , because they seem to speak in a favourable and more specious way , like to the devil , transforming himself into an angel of light : these advise kings to maintain a worship , an order , a church : but that it is not best to be too sumptuous and prodigal in the maintenance , or endowing the church richly ; nor is it necessary punctually , and precisely to adhere to all gods ordinances ; and in some cases , say they , a prince at some times , at some exigences , may give way to the undoing of some ordinances of god and christ , he may permit some of the beauty and solemnity of the worship to be eclipsed , devest the church and church-men of some priviledges and rights , which by immemorial possession they and their pedecessors have enjoyed , and to which , besides dedication and consecration , the church is by all positive civil law and right entituled no less , ( if not more ) than noblemen , gentlemen , corporations , or any subject or subjects whatsoever . these counsels for a time may prevail , and the church may be a little for a little time suppressed and depressed , but if god have mercy in store for that kingdom , it will not continue long . these achitophels tell kings , that if moses's ten commandments , the apostles twelve articles of the creed , and the six petitions of the lord's prayer be preserved , it skilleth not for other things , whether bishop or no bishop , whether good christians preach and do ministerial acts , or only men in sacred orders , authorised by consecration and imposition of hands , whether any solemnity in the publick worship or not , whether in sacred church consecrated , or in a private house or barn , whether christ have a patrimony , or his servants be allowed only a competency at the disoretion of lay-men , &c. these counsels and courses if they be not repented , forsaken , and the church righted , will prove destructive to kings , to their crowns , to their posterity , and to their authors and abettors . king saul for ought we read , did not restrain nor pollute the worship he found , nor took from their priests what was their due , but it is manifest he did neglect god and his church , his worship , and his servants , had less esteem of god's servants than of any of his subjects besides , and yet this is punished with the forfeiture of crown and kingdom to him and his posterity , and god provideth a man , a king according to his heart , to right the church , to order the service aright , which established his kingdom and crown for ever . the church was the alpha and omega of his government ; he consecrated the beginning of his peaceable reign with bringing home the ark ; he spent the most of his reign in ordering and establishing the service of god with it's solemnity , and ended his life and reign exhorting solomon to do the like , to build the temple , and leaving by legacy a great immense treasure consecrated to this purpose . if any will look upon these counsellors , he will find that they have a mighty zeal and care of their own honour and wealth ; how much they remit their zeal towards god and his house , they intend it as much for themselves and what concerneth their private : they will not willingly dwell but in houses of cedar , and can see the ark of god within curtains ; this maketh them that they can suffer the church to be spoiled , if by her spoils they or theirs can be enriched ; christians they cannot be , whatsoever they profess , they are in a contrary , a contradictory way to christ ; of him it was said , the zeal of thine house hath eaten me up ; of them it is verified , that their zeal hath eaten up the house of god. if these men can enjoy their own , make up a state upon the ruines of the church , or better a prior estate , they care not although levites usurp upon priests , presbyters upon bishops , and christ and his patrimony be both put out of the world : ten shekels of silver and a sute of apparel , micah's allowance , iudges . . is enough and too much for the best of god and christ's servants : all in the end will prove aurum tholosanum , like the collop the eagle brought from the altar to feed her young ones , so much fire came with it that it consumed the nest and the young ones too . when the church of god is in this distress , it is not onely sin to be accessary to these counsels and courses , but such as may and are able to prevent these mischiefs and do it not , god will charge them with it . some there be who profess that they like not the course against the church , but for reason of state way must be given to the current of the stream , and a fit opportunity waited to right what was amiss ; i will not search the hearts of such men , i leave them to him who trieth the reins , and knoweth our thoughts afar off : onely let me put them in mind , that sins of omission , of necessary duties are high sins in the balance of the sanctuary ; meroz is cursed that came not out to help the lord : and matth. . they are to be condemned in the last day who fed not christ when he was hungry , no less than those who robbed him of his food . it is the highest service to god , with the church of thyatira , not to deny the faith , where satan's seat is , where antipas sufereth for the truth , rev. . . if god hath endowed any with wisdom , power and trust by princes ▪ and in such ▪ time they withdraw their help from god and his church , it is like they will call to him in the day of their trouble and god will not hear them . remember , after the reducing of the people from the captivity , the prophets did charge the re-building of the house of god ; the princes of iudah answered , the time is not come , the time wherein the lord's house should be built . none was so impudent to come directly contrary to this charge , but they meant , we are poor , newly come out of captivity , we have strong enemies about us , we must wait a better opportunity , a more seasonable time : a jugling trick it is to cross good works , and crush them substantially , by opposing them onely circumstantially : notwithstanding all this the prophet chargeth them , is it time for you , o yee ! ( this compellation is very emphatical ) to dwell in your cieled houses , and this house lie waste ? read the judgments , i cease to repeat it , i love not to apply it , and wish it be not the judgment of our times : see hag. . vers . , , . & à vers . . ad vers . . do not deceive your selves with that imposture , that you will wait upon an opportunity to right all that is disjoynted in church , you are not to tempt god , to put him to extraordinary providence , when he has put you in the ordinary way to serve him , and to prevent these mischiefs . is it lawful and warrantable to you to do evil , or give way to evil , and to wait opportunity to do good afterward to salve all this ? or can you expect that god will honour you to make you fit instruments to repair again what is wrong ? certainly , you neither deserve it , nor can lay any claim or interest to it . if these men fear covenants and associations , i desire them to remember , that as in scripture the first and happiest covenant is the covenant of mercy and grace , so in the next place we have in holy writ mentioned a covenant of levi ; which is the means ordinary god hath appointed to preserve the other . the scripture telleth us , that it is an high impiety to corrupt the covenant of levi , mal. . . both the one and the other covenant are covenants of salt , that is , of everlasting durance , from which it followeth necessarily that whatsoever covenant destroyeth the ordinance of god in the necessary government of the church , the ordinances of the worship and its solemnities , cannot be from god , from whence then it comes you may easily guess . of all impieties in this kind , there is no higher transgression , than if the tribe of levi , for some subsistence to themselves and theirs , and to gain popular applause and credit with the faction , assure kings they may give way to a popular current and flood , to suffer god's ordinances to be destroyed , the solemnity of the worship defaced , till a better opportunity offer . i beg pardon to speak truth in humility and reverence , and first to kings , that although church-men advise kings upon such exigents , to do such unwarrantable acts , yet it will not excuse them in the day of their accounts , no more than it excused achab that had the warrant of zedekiah , kings . . nor did it excuse pilate , who had the representative body of priests and state to warrant him they had a law , and by their law christ was a malefactor and worthy to dye . next , let me tell the tribe of levi , who for their own good and popular applause , do comply with a popular eaction , and set their brains on work to make specious shews of reason , and inducements to perswade or warrant kings , by permission and giving way , or by actual concurrence with their authority , to permit and do acts destructive to christ's ordinances , or derogatory to the worship , are near to the sin of apostacy , and another of an higher degree , which i fear to name . but of all levites those are the most miserable , who , being advanced to the highest of sacred orders , having enriched themselves by the patrimony of the church , to keep their purchase , have abjured that sacred order as antichristian , and yet make not restitution of what they have purchased . i wonder how such mens repentance could be admitted , for in such cases they cannot truly repent without restitution ; non dimittetur peccatum nisi restituetur ablatum . these men come short of iudas this repentance , who was not onely contrite for betraying his master , but restored the money which unjustly he had purchased by his villany . by the detention of their purchase , their converts declare themselves mercenary , and their fathers by receiving them into their communion , publish to the world , they care not what they lose in truth , if they can deceive the people to make them think by such a goodly access their evil cause is strengthened : i refer these apostate bishops to read the story of ecebolus ; i wish them not to be in like condition , and cease to apply the story . i thank god there is no rancour in my heart against them nor their fathers converters , my imprecations are no other , but to pray almighty god to give them true repentance and to forgive them . the sum of what we have said is this , that neither king nor kingdom can be happy , if kings fear not god , and do not from this fear preserve the right of god and his church , protect and promote the ordinances of god , and advance the worship and its solermity . nor will bad counsellors excuse them in the day of their accounts , nor will the counsellors escape just judgment , and it is like god will make the same people a rod to scourge them , whom they have followed and given way to , with the loss of a good conscience , and offence against god. as princes , the sons of the most high , and vicegerents of christ upon earth , are bound to piety in their personal carriage above other , and to procure and protect it in their publick government , so they are bound in their private and publick conversation and government to be excellently righteous . the derivative naturally resembleth its primitive . god from whom they are by immediate derivation , hath no pleasure in wickedness , neither doth evil dwell with him , psal. . . kings hold their scepters from christ , the scepter of christ's kingdom is a right scepter . he loveth righteousness and hateth wickedness , psal. . , . they are by generation from the father , psal. . they issue from the thigh of christ , rev. . . & . . they degenerate then if they be not righteous . if kings live and govern piously and justly , their thrones shall be established , their crowns secured , and their posterity be blessed , prov. . . by righteousness the throne is established ; the good of this will redound to the whole kingdom , prov. . . the king by iudgment establisheth the land , but he that receiveth gifts overthroweth it . foelix respublica in qua qui imperat timet deum . see god's charge to kings , ier. . , , . execute ye judgment and righteousness , and deliver the oppressed , &c. vers . . for if ye do this thing indeed , then shall there enter in by the gates of this house kings sitting upon the throne of david , riding in chariots and on horses , he and his servants and his people . vers . . but if you will not hear these words , &c. vers . . i will prepare destroyers against thee , &c. david the king knew this , psal. . . there is no king saved by the multitude of an host . how then ? vers . . the eyes of the lord are upon them that fear him , upon them that hope in his mercy . he practised it , psal. . . i will abide in thy tabernacle for ever , i will trust in the covert of thy wings . the meaning is , his constant purpose and practice should be holy and just , and to advance piety and righteousness : from this issueth that confidence he subjoyneth vers . . thou wilt prolong the king's life , and his years as many generations . vers . . he shall abide before god for ever , o prepare mercy and truth which may preserve him . see psal. . wholly ; prov. . . & . , . & . , . this truth believed by kings , that they are immediately sent from god , and vicegerents upon earth , is a ground of great confidence in god in their greatest troubles , which usually are great and frequent ; for as the tallest cedars they are exposed to the violence of greatest tempests ; their only way is to run to god for protection and deliverance . they may lay claim to it more than any . god is the principal , they only lieutenants and subordinate : more favour is allowed to them , greater protection promised to them . psal. . . he ( that is the king ) shall cry unto me , thou art my father , my god , and the rock of my salvation . also i will make him my first born . david , psal. . . approacheth to god in this confidence ; thou art my king , o god , command deliverance for jacob. a subject claimeth protection from the king as his due , so may the king from his lord and master . solomon upon this ground that god had set him upon the throne of david , begged government and judgment to go out and in before his people : king. . the lord did not refuse it , but in his bounty supererogated what was fit for his more magnificence . god hath a secret and unknown way in directing and guiding princes , and no less admirable a way in guarding their persons , and delivering them out of all their troubles : prov. . . the heart of the king is in the hand of the lord as the rivers of waters ; he turneth it whithersoever he will. psal. . vers . ult . great deliverances giveth he to his king , and sheweth mercy to his anointed , &c. the heathen have acknowledged in kings some heroici impetus , some strange and extraordinary inspirations and directions , seconded with as admirable successes and protection ; that a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in them , something extraordinary above that god in his ordinary providence by direction or protection vouchsafeth upon others . i refer you to read and meditate what you have written , kings . , . and isai. . , . and you will doubt no more of this truth . this day is this truth fulfilled in our ears ; we have before our eyes such a wonderful over-ruling direction and protection of our sovereign in this rebellion , that we must acknowledge it is the lords work , and marvellous in our eyes , psal. . this truth is a strong motive to perswade subjects to all duty . first , to honour , reverence , and obey the king next to god , and above all others . the fear of god and the king are immediately conjoyned and enjoyned together in scripture : prov. . , , . my son , fear god and the king , &c. pet. . . fear god , honour the king. see tertullian to this purpose in the places we cited before : and gregory nazianzen . orat. . which is a funeral oration for basil the great . the moral law hath mixt to the duty we owe to god in the first table , placed in the first place , honora patrem , honour the king. what divinity then can it be which this miserable unhappy age hath invented and vented , that the fear of god and the king are inconsistent ; and the best badge of a christian is to oppose the just and lawful demands and commands of kings ? this is none of christs , his apostles , nor ancient christians and martyrs doctrine . what christian heart can be so hard as not to mourn for this , and cry out with that holy martyr polycarp , good lord , for what times hast thou reserved me ? again , this truth that kings are gods vicegerents , sent by immediate commission from him , tyed us to maintain our kings in honour , wealth , and power , proportioned to so high a calling . this the word honora patrem , honour thy father naturally in the diction and dialect of the scripture , imports , tim. . , . almighty god , although his immensity be attended with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an able sufficiency and all felicity , yet hath he sequestrated and set a-part some persons peculiarly for his sacred service , some place for his publick worship , and some quota of our revenues and industry , that all men may acknowledge his sovereignty , and their own dependency from , and subordination and subjection to him ; so it is the good will and pleasure of god , that all subjects should in testimony of their subjection to sovereignty , and in true acknowledgment of their supremacy , contribute some of their means for the maintenance and honour of the king : this is the apostles doctrine , rom. . . for , for this cause pay you tribute also ; for they are gods ministers , attending continually upon this very thing . what can be more fully said ? they are immediately from god , they are gods ministers , for this cause then we are bound to pay tribute . and let the for in the frontispiece of the verse make you reflect your eyes upon that which goeth before , and you will find it is not an arbitrary right they have to this , which is given upon them by a voluntary compact or grant , or extorted by fear , the apostle sheweth this we do , not only for wrath , ( that is , for fear of punishment , for in their power it is to punish those who will not do this duty ) but for conscience sake . this our lord and master both taught and practised , paying tribute to caesar , and commanding to render to caesar the things that were caesar's ; due to him as caesar , not by grant or compact from the people . and reason it self evinceth , that this maintenance should be proportioned to that high degree and measure , as may preserve his glory and majesty , that it be not lessened or contemned , and as may sufficiently enable him to act and effect the happy works and fruits of royal government to preserve all in peace and plenty . see to this purpose iustin martyr , apolog. . and st. chrysostom upon rom. . passim . this doctrine , that kings are immediately from god , and independent from all other creatures whatsoever , teacheth also , that it is high rebellion against god to oppose or resist the king. this consequence the apostle thus deduceth , rom. . vers . . the powers that be are ordained of god. vers . . ergo , whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . pardon me to cite chrysostom upon the words ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he that obeyeth not the king , fighteth against god , ( what do they then that come in arms against him ? ) who by his law hath established obedience , and not resistance : and the apostle every where , always , and upon all occasions , endeavoureth this mainly , that our obedience to kings is not arbitrary , conditional , or by compact ; but necessary , and imposed upon us by god. holy scripture is so careful we oppose not sacred authority , that it hath forbidden it in all it's kinds , all it's degrees . . we are not to think a bad thought of them in our hearts , eccles. . . . the tongue is not to speak evil of them : exod. . . iud. . consequently neither pen nor press are to write , or print , to their disgrace and disadvantage . . we are not with iudas to lift up our heel . . david's heart smote him when he smote saul's garment . . the hand cannot stretch out it self against the lords anointed , and the actor be innocent . . it is to fight against god ; for he that rebelleth against the king , rebelleth against god. he that blasphemeth the king , blasphemeth god : . kings . the prodigal in his return acknowledgeth , he sinned no less against heaven than his father . god hath taken them in societatem nominis , in societatem numinis : psal. . . . the greatness of the sin may appear , that the greatest of judgments fall upon traytors and rebels . scripture is plentiful in examples of this kind , and all story witnesseth for it . remember the story of rudolph duke of suevia , who sware allegiance to henry the fourth , by pope hildebrand was loosed from his oath , but miserably died he ; and before his death the right hand with which he sware , was cut off , and say he could to the bishops , this is the hand was lifted up when i sware allegiance to my emperour , justly cut off for my perjury and rebellion , for which you are to answer , who put me upon this mischievous course and rebellion . see aventine and others : infinite examples may be alledged . if they escape the judgment of men by their scarce warrantable meekness and clemency , god hath executioners in store , and ready for them : he will revenge for his own interest . if the king will not do justice against a traytor , god will make his own friend do it , and if that fail , his own breast , or both of them , this was absalom's case : sam. . . thy confederates will do it , this was sheba's case : sam. . . before an executioner be wanting , thy own hand shall do it ; this was achitophel's case who hanged himself : sam. . . and zimri's case too , kings . . if no man will do it , earth and hell will do it ; this was the case of korah , dathan , abiram , and their complices : numb . . . this is the first rebellion in scripture , recorded against prince and priest. and take with you optatus bishop of milevis's note upon it , no sin in scripture recorded hath a judgment parallel to this . if all creatures should fail to be executioners , god will do it by his immediate hand from heaven : psalm . . to shut up this , god allowed no sanctuary for treason and traytors , as is manifest in the case of ioab , pulled from the altar , and justice done upon him . lastly , seeing the king is sacred in his person , in his power , in his royal christian prerogative , it is high sacriledge , and intrusion upon god and the king , to rob him of any part of his sacred right . the ancient church did judge so . hosius writing to constantius an arrian emperour , saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this holy father and the whole church in his time did account it a theft , and an opposition to god and his ordinance by fraud or force , to cheat or extort from a king any thing due to his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , his empire , his sovereignty . it was not dreamed of then , that an excellency could be set up against a majesty , or a coordinate power erected with sovereignty . in the happy time of the christian church this was the greatest robbery , the highest sacriledge , the most violent intrusion upon god and his anointed . the best and readiest way for all happiness to a kingdom , is when the king considereth that his greatness and glory consisteth in the happiness of his subjects , and proportioneth all his actions and government to their peace and plenty ; and the people on the ●ther part when they level their intentions , actions , en●eavours and obedience , to preserve his sacred person , his sacred right , and royal prerogative . let none ●ivide those things god hath conjoyned . when people are thus affected , it will move kings for the good of their people , with saul , to be ready to sacrifice ionathan ; or with codrus , to dye himself for the safety of his people ; or with david , in great judgments from god , to be powerful intercessors with god to remove his plagues , to say , quid meruere oves ? what have the poor sheep done ? smite me and my fathers house : sam. . like to the good shepherd , to lay down his life for his sheep : ioh. . and this will work ●in the people such zeal and affection to their sovereign , that they will be ready to lose lands , riches , honour , life , before their king suffer in honour , in his sacred power , sacred right , and sacred person . if the head ●e well , the body fareth the better , and when the body is in good health and constitution , the head is the better , less trouble , no pain : for proof of this , i refer you to that noble passage of iustin martyr , cited before , quaest . & respons . ad orthod . q. . read the whole passage , it is an expression in de propria , in a convenient and proper place . in sum , the result of all is , that from this truth , that kings are immediately from god and christ , independent from all others , there issueth a great many excellent and useful corollaries : as first , that the excellency of their dignity is not a motive ( if it be well weighed ) to make them swell lucifer-like in pride , for the weight of their great and difficult charge will force them of all men to be most humble . officiis quis idoneus istis ? their crowns are dependent from christ and his crown , and truly considered are onely crowns of thorns : such as dionysius said , an understanding man would not take up if it were lying at his feet . secondly , as kings are nearer to god than any creatures in the low universe , so are they tied to approach nearest to him in holiness and all humane and christian perfection . thirdly , they are bound to all care , endeavour , and zeal for christ's glory , his truth , the sincerity and solemnity of his worship , and that not onely as men and christians , but as kings and fathers of the state , and nurse-fathers of the church . fourthly , howsoever exempted from humane law and coercion , yet they are to live and reign according to the law and prescript of god and christ , which if they transgress , they shall receive punishment proportionable to their high dignity , and according to their demerit for betraying the high trust put upon them . fifthly , although the royal right be not founded in saving holiness and sanctity , but is sacred in another respect , by a delegate power and trust , yet the way to secure their crowns , their posterity , in the right transmissible from them , and to make their kingdoms happy , is to live piously in private and publick devotions , and to intend at first , and do it most in their sacred government . sixthly , next to almighty god , the highest honour , reverence , and obedience is due to him . seventhly , and maintenance from their subjects , proportioned to their high dignity , and to inable them to act and do what is necessary and expedient for god's glory , the good of the church , and peace , plenty , and protection of the subject . eighthly , to resist him , oppose him , in thought , word or deed , is rebellion against god himself . ninthly , it is high sacrilege , and not onely royal but divine usurpation , to trench upon the kings sacred right . to shut up all that concerneth this first question , i humbly beg pardon to intreat in all reverence my lord the king to look upon a speech of st. augustine , worthy of the reading and meditation of all and the best of christian kings , he will find it , tom. . lib. . de civ . dei , cap. . which verbatim is thus , reges foelices eos dicimus , si justè imperant , si●inter linguas sublimiter honorantium , & obsequia nimis humiliter salutantium non extollantur ; sed se homines esse meminerint , suam potestatenm ad dei cultum maxime dilatandum majestati ejus famulam faciant ; si deum timent , diligunt , colunt ; si plus amant illud regnum ubi non timent habere consortes ; si tardiùs vindicant , si facilè ignoscunt ; si eandem vindictam pro necessitate regendae tuendae reip. non pro saturandis inimicitiarum odiis exerunt ; si eandem veniam non ad impunitatem iniquitatis , sed ad spem correctionis indulgent ; si quos asperè aliquando coguntur decernere , misericordiae lenitate & beneficiorum largitate compensant ; si luxuria tant● eis est castigatior , quanto possit esse liberior ; si malunt cupiditatibus pravis quam quibuslibet gentibus imperare & si haec omnia faciant , non propter ardorem inanis gloriae , sed propter charitatem foelicitatis aeternae ; si pro suis peccatis , humilitatis , & miserationis , & orationis sacrificium deo suo vero immolare non negligunt . tales christianos principes dicimus esse foelices interim spe , postea re ipsa futuros , cùm id quod expectamus evenerit . o golden expressions , worthy to be set in letters of gold , with most precious stones and diamonds , and then put upon all royal crowns ! it is a short ( but a thousand-fold better ) expression of what we have said . plato , aristotle , cicero , xenophon in his fancied cyropaedia had never the like ; it is worth all they have said , all they have written on this subject , in this kind . let me add a word or two to our selves who are subjects . let us learn to give to the lord 's anointed his due , if we will approve our selves good christians , like to our master , the lord iesus christ , like to his apostles , like to the ancient and holy fathers and martyrs of the church . let us never deceive our selves , like to the iews , who claimed to be the sons of abraham , when they wrought the works of their father the devil , ioh. . let us not shame our selves , and reformed catholick religion , by turning religion into rebellion , and faith into faction , and deter all kings in the christian world to come to the profession of reformed truth , and communion of our church . and that this may be done the more successfully , let us all pray ; lord , hear our king in the day of trouble . the name of the god of jacob defend him . send him help out of the sanctuary , and strengthen him from sion . remember all his offerings , and accept his burnt sacrifices . give him according to his own heart , and fulfil all his councel , that we may rejoyce in thy salvation . teach us his subjects to fear thee and the king , and not to meddle with them are given to change . continue the loyal in rev●rence , obedience and subjection . reduce the sons of belial to their obedience ; make thy spirit fall upon all , that we may say , thine are we , o king , and on thy side ; that the peace and beauty of thy sion may be restored , thine anointed with his sacred right re-seated upon his throne , the bleeding wounds of the land may be bound up , the peace of the kingdom re-established 〈…〉 soever else is disjoynted may be set aright . do it , do it , good lord , not for us , or for our merits , but for thy names sake ; the all-sufficient merits of thy son , and 〈…〉 of our lord and saviour iesvs christ . and let ever● good christian , all loyal-hearted subjects , who pray for the peace of sion , and building up of the walls of ierusalem ; say , amen . soli deo gloria . finis . notes, typically marginal, from the original text notes for div a -e eurypides in bacch . idem ibidem . plutarch . lactant. de ira dei. cap. . rom. . plutarch . xenophon . in cyropoedia , lib. . l. . in qualibet . de episc. & cleric . c. theod. iustinian . novel . . trismegistus apud lactantium , l. . instit . c. . gr. naz. orat. de mod . in disp . servanda . plutarch . in probl. prob. . cassiod . l. . var. c. . de nat . anim . c. . remarks upon dr. sherlock's book intituled the case of resistance of the supreme powers stated and resolved, according to the doctrine of the holy scriptures written in the year , by samuel johnson. johnson, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], xviii, p. printed by the author, and are to be sold by richard baldwin, london : . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherlock, william, ?- . -- case of resistance of the supreme powers stated and resolved, according to the doctrine of the holy scriptures. divine right of kings. church and state -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion remarks upon dr. sherlock's book , intituled the case of resistance of the supreme powers stated and resolved , according to the doctrine of the holy scriptures . written in the year , by samvel iohnson . london ; printed for the author , and are to be sold by richard baldwin , . to the right honourable wriothesly lord rvssel . my lord , your lordship has the largest inheritance of honour of any englishman besides , and your very early years promise to the world , that you will rather improve than waste your patrimony . i hope your great father will live in you , and that there never will be wanting a great lord russell in succession , which is the only way wherein mortal men can stay any while here upon earth . that you may follow him in his piety , in his devotedness to his religion and countrey , in his integrity , wisdom , magnanimity , constancy , and all the parts both of a christian and a nobleman : and that you may be the joy and delight of your countrey ( as he was , ) but never their grief , is the hearty prayer of my lord , your lordship 's most humble and most obedient servant samuel johnson . the preface . i have published these papers , which i had not seen for above five years before , to rid my hands of the baffled cause of non-resistance , and to offer my service to do as much for some men's new-fashioned loyalty , which is in election likewise to be adopted for church-of - england-doctrine , as the other was . it consists in being discontented with the present government , in loathing our late and wonderful deliverance , and in hankering after egypt again ; in refusing to swear allegiance to the king , and in effect forbidding him to be king without their leave : and after all it lies hid in lurking scruples , and in reasons best known to themselves . now till we are worthy to know to whom these persons think themselves under engagements , whether to the late king , or to the prince of wales , or to tyrconnel , or to what foreign prince or potentate it is , and for what reasons they are not free to take the present oaths , it is impossible to say any thing in particular to them . for the errors and windings of ignorance and interest are intricate and endless : and the reasons of a self-willed obstinacy , which is in it self an unreasonable principle , must needs be incomprehensible . if any man had told me seven years ago , that the doctrine of passive obedience should be maintained by such arguments as i have since met with , i could not have believed him : for no man , who has used his thoughts to evidence and coherence , could possibly foresee or forestall those arguments . and therefore till these reserved persons will please to let their scruples see the light , and bring forth all their strong reasons , they must enjoy the priviledg of being vnanswerable . but in the mean time we are able to prove , if the nation wanted any satisfaction in that point , that king william ( a prince of god's sending , and whom he have in his especial keeping ! ) is the rightfullest king that ever sat upon the english throne . for he is set up by the same hands which made the first king , and which hereafter will make the last , and which have always unmade all tyrants as fast as they could : and the realm has not chosen him like a persian king , by the neighing of an horse , or by some light accident ; but in the wisest way , and upon the most weighty and valuable considerations . for if he had not come , there had not been a kingdom for him to govern ; england had now been a wilderness of howling irish , a rendevouz of french apostolick dragoons , a nest of priests and iesuits , and any thing but a kingdom . so that he is a prince who governs his own kingdom , which he first saved from perishing ; and though conquest never was a title , yet redemption is . in such cases men used heretofore to become slaves to their deliverers : now this indeed is a thing impossible for english-men , but they never had such a temptation to it before . the least they can do , is to make him a present of their lives and fortunes , not in foolish and flattering addresses , but in real services ; and to perpetuate his benefits to this nation to the world's-end , by passing them into such advantageous laws for the publick , as could not be had in other reigns . we are able to prove likewise , that if the realm has a right to provide themselves of a king when they have none , much more they may do so when they have one , who has made himself a thousand times worse than none . one who was long since known to be a publick enemy to this kingdom , and had utterly unqualified himself for the government , and forfeited his remainder in the crown , by rendring himself uncapable of the regal office. for we knew before-hand that he was not capable of taking the coronation-oath , with any other intention than to break it ; and that he wanted to be let into the government , only to spoil and subvert it . and therefore in pursuance of the ancient rights of the realm , ( whose consent is the foundation of all government , and who never made any establishment of the crown for the destruction of the nation , nor ever intailed the government but upon the terms of the government , ) he was excluded by no less than three successive houses of commons : which was such a caveat entred by all the counties and boroughs of england against his succession , as never was against any other . this had passed into an act of parliament , had it not been for the mean and indirect practices of some persons , who owed their native country better offices , than to bring the calamity and vengeance of a popish successor upon it . after this successor , with the help aforesaid , had paved his way to the throne upon the ruins of the franchises of most corporations , and upon the heads of the best men in england , of a sudden , when for many years before the king was to out-live the duke , on the other hand the duke out-lives the king , and makes himself king. but if he had been a rightful king when he took possession of the crown ( as he was not , but a publick enemy ) he has since that time broken the fundamental contract , or covenant of the kingdom , or coronation-oath , ( for they are but several names for the same thing ) with that perjury and perfidiousness as never any prince did before him . i will not mention his smothering of all the laws against popery and priests , whom he ought immediately to have apprehended , prosecuted , and hanged , if he had taken the oath in good faith , which according to the constitution he was bound to do . for according to ancient custom he was to be adjured not to meddle with the crown , unless he would take his oath , sine fraude & malo ingenio , and mean honestly . neither need i say any thing of his holding correspondence with the foreign tyrant , vsurper , and publick enemy of this kingdom , by sending a pompous embassy to rome , and by obtruding a nuncio upon the nation , with that insolence that he must dine at guildhall . but the things i shall mention are , the keeping a mercenary in constant pay , to deprave , ridicule , and pervert the english constitution , and to banter the nation out of all their laws , by two or three authorized observators every week : the murthering of great numbers in the west in cold blood , without any process of law : the garbling of iudges , and perverting of all iustice in westminster-hall : the breaking the peace of the nation , ( the keeping whereof was a principal part of his office ) by keeping up a standing army , for several years together , in the bowels of the kingdom , not only at the charge , but to the terror and disherison of his people : whereas , as i remember , it was a considerable article in the deposing of edward the second , that he went into glocestershire with a thousand horse . the five positions of the eleven iudges ; the yearly declarations of dispensing with the laws , that is , violating them by whole-sale , instead of annual parliaments : the high-commission court ; and at the latter end of the day the tyranny and oppression was coming home to those , who had long been made the instruments of oppressing and destroying all others . besides , these were all of them instances of an open and avowed tyranny , which was to have been the inheritance of our miserable posterity , under a pretence of prerogative , soveraignty , imperial laws , dispensing power , and the like ; so that our children should never have known , but that they had been born slaves at common-law , and so never have aspired after their english freedom more : and to make all sure , by packing the only parliament in that reign , by closetting the members of it , by regulating corporations , and by their last project of a supernumerary nobility , we were likewise in a fair way to have been made slaves by statute . i have not mentioned his desertion all this while , neither will i take any advantage of it , because i look upon it as the very best action of his whole life , and the stopping him in it was an ill day 's work : and if he had absented himself for-ever , as for me , he had carried his tyranny and all the faults of his mis-rule along with him , neither should i ever have mentioned them in this manner . but being he has altered his measures , and deserted his desertion , and wants more blood , and is come back in a war upon the kingdom , whereby the subjects of england will have occasion to stake down their lives in the field against him ; i thought it necessary , thus far , to open the merits of our country's cause against him : and to shew , that we shall venture our lives in the best cause in the world , against the very worst ; in defence of our religion and countrey , against the irreconcileable enemy of both ; who has been just such a father of our countrey , as he was a defender of our faith. besides , we are able to produce the original of an english king , and the very fundamental contract made with him before they made him king , out of the th page of the mirror , out of the saxon history and laws , out of bracton and chancellour fortescue , who writ his book on purpose to shew the english constitution ; where it is demonstrated to be a perfect stipulation and a down-right english bargain . part of which was , for the king to be obeysant to suffer the law as others of his people ; and it is likewise declared , to be the first and soveraign fraud , abusion and perversion of the law for the king to be lawless , whereas he ought to be subject to it as is contained in his oath . and he that makes strange , and wonders at such a national covenant , never yet knew where he lived , whether here or in turkey , or at algiers ; neither could he ever tell , whether he and his children were born freemen or slaves . and tho the phrase and form of this contract has varied upon occasion in the coronation-oath , yet the effect and substance of it has always been preserved . we are able further to prove , that the oath of allegiance being the counterpart of the coronation-oath , and containing the subjects duty as the other does the king's , is of the nature of all covenants , and is a conditional oath . suppose , in a lower instance , an apprentice were sworn to his indenture , would he be bound in conscience to perform his master's service , when his master instead of finding him maintenance and lodging , would allow him neither , but turned him out of doors ? such a master must even do his own business himself , or travel abroad to find him out a new apprentice , if he can , notwithstanding his former apprentices oath . moreover , we are able to prove , that the oath of allegiance taken to a tyrant would be a void unlawful and wicked oath ; void , because it is an obligation of obedience according to the laws , which a tyrant makes it his business to destroy , so that it is swearing to things inconsistent ; vnlawful , because the english constitution will not admit such a person to be king , it knows no king but such a one as can do no wrong ; and wicked , because it strengthens his hands in the destruction of our countrey . he that swears allegiance to a known publick enemy , and engages to be aiding and assisting to him , is so far a publick enemy himself . if some persons knew him not to be a tyrant when at the first they were sworn to him , yet as soon as they do know him to be such , or especially if the realm declare him to be such , their oath of allegiance becomes a void , unlawful and wicked oath to them , and they cannot possibly keep it any longer if they would . and therefore to ask , who shall absolve us from our oath to king james ? is to ask , who shall absolve us from an oath which cannot bind ; from an oath which ought not to have been made , and is now , at least , as if it had never been made ; which was ill made , and would be worse kept . such an oath is so far from needing any absolver , that on the other hand an angel from heaven cannot oblige us to keep it . and whereas it is the maxim of the malecontents to the same purpose , better popery than perjury ; they may remember if they please , that the popery and the perjury have always gone together , and have been both of a side . they may remember , that their popish king , while he was duke , was the cause of almost an vniversal perjury in corporations by delivering up their charters ; and that he got the best franchises of his greatest village in europe to be betrayed and surrendred , by the help of such another maxim , better half a loaf than no bread. that he was perjured in the very taking of the coronation-oath , which he did not and could not take in good faith , and all the world knows how well he kept it . that he likewise by his own perjury-prerogative of a dispensing power , brought an vniversal perjury upon the magistrates of england , who were sworn to the execution of the laws . and throughout the late reign of treason , i would fain know the man that kept his oath of allegiance , in discovering to a magistrate the high-treason against the king and the realm , of persons being reconciled to the church of rome , and of those who endeavoured to reconcile others ; and that did not conceal these treasons which he knew of , and thereby make himself guilty of misprision . no , they were happy men who laid down their lives betimes , and did not stay to see the guilt and misery in which a popish successor has since involved their country , the foresight of which made them not count their lives dear to them , but they endeavoured to prevent such a calamity at the expence of their last blood , and died the true martyrs of their religion and countrey . but as for us who are left behind , we must see the wretches , who shed that more than innocent blood , wash their hands in it , and justify the shedding of it , and cause it to cry afresh . this is particularly done in an infamous libel , entituled , the magistracy and government of england vindicated ; wherein the murthering of the greatest english-man we had , for endeavouring to save his country , is still avowed . if these men had the trying of causes once more , no doubt we should have our late deliverance arraigned for an invasion , and every brave english-man , who joined with that unexpected helping hand out of the clouds , indicted and condemned for a traytor . i shall only say in general , that that vindication wants another , as much as the magistracy and government which it pretends to vindicate ; for there is not one material word of it true . for instance , a consult to levy war is not an overt act of compassing the death of the king , because the actual levying of war is often done without any such tendency ; as i could instance over and over again in former times , but i love to quote what is fresh in memory . my lord delamere ( whom i mention out of honour to him ) did very lately levy war , and when he had the late king in his power at whitehall , was so far from compassing his death , that he only delivered him a message to remove in peace . and being that illegal tryal is still justified , i must needs add this , that if there had been law enough left to have tried a felon in the counties of london and middlesex , that great man had never been brought upon his tryal . but because the parties concern'd desire to answer it only in parliament , i only desire that there they may be put to make out , how known vnlawful sheriffs , de facto , obtruded upon the city of london against their own lawful choice , on purpose to be instruments of destroying the lives , liberties and estates of the best subjects , could be at the same time lawful sheriffs de jure : and on the other hand it is easy to make it good , that the validity of that tryal and proceedings depending upon the legality of the sheriffs and iury , that pretended court was of no authority , and was such another low court of iustice , as the black-guard are able to make among themselves every day . perhaps they may plead ignorance of so notorious a matter , and that they could take no cognizance of it , because it did not come iudicially before them : but that cannot be said , for the nullity of those very sheriffs was before that brought in that very place , in a special plea , and over-ruled . their best and their truest plea is this , that they never dreamed of the prince of orange's coming over to restore iustice to this lost nation , which we doubt not he will cause to run down like a mighty stream : for otherwise ( as appears by the repeated choice of the never-to-be-forgotten sir john moor ) these men must have the destroying of their countrey over again , only to iustify their having destroyed it once before . remarks upon dr. sherlock's late book , entituled , the case of resistance of the supreme powers ; stated and resolved , according to the doctrine of the holy scriptures . the case which the title of this book promises to resolve , is a very plain case , and soon resolved : for it never was made a question , whether men might lawfully resist any legal subordinate powers , much less the supreme powers ; and they are ordinary readers indeed , that are to be instructed , that resistance is unlawful in this case . but under the shelter and countenance of this plain and unquestioned case , and under the covert of these names , sovereign , king , prince , authority , and the like , this author has slily convey'd into his book the resolution of another case , of a far different nature ; and determines , that as well inferiour magistrates as others , imploy'd by a popish or tyrannical prince in the most illegal and outragious acts of violence , such as cutting of throats , or the like , are as irresistible as the prince himself , ( under pretence of having the prince's commission and authority to do these acts ) and must be submitted to , under pain of hell and eternal damnation . i fully agree with this author in his resolution of the first case , but i crave leave to dissent from him in the resolution of the latter case ; and to enter the reasons of my dissent . but though i agree with him in his resolution of the first case , yet i do not in his reasons of that resolution , which are utterly insufficient , and betray the cause which he seems to maintain . his reasons why the king is irresistible in all cases , are such as these : . that the king has a personal authority , antecedent to all the laws of the land , independent on them , and superiour to them . which is not true ; for the king is king by law , and irresistible by law , and has his authority from the law. indeed our author says , that the great lawyer bracton , by those very words of his , lex facit regem , was far enough from understanding that the king receives his sovereign power from the law. i confess i never was so well acquainted with bracton , as to know what secret meanings he had , contrary to the sense of his words , and therefore cannot tell how far he was from understanding that the king receives his sovereign power from the law ; but i am sure he was not far from saying so ; for he says it in the very next words : attribuat igitur rex legi quod lex attribuit ei , videlicet , dominationem & potestatem . he proves , that the king is under the law , and ought to govern by law , because he is made king by the law , and receives his power and authority from the law ; and then adds what this author is pleased to cite , non est enim rex , ubi dominatur voluntas , & non lex : he is no king who governs by arbitrary will , and not by law ; that is , no lawful english king , bracton must mean ; for still he may be a good outlandish and assyrian king , and no tyrant , though his arbitrary will does all . for our author ( pag. . ) quotes out of dan. . , . that god gave nebuchadnezzar such an absolute kingdom , that whom he would he slew , and whom he would he made alive ; and whom he would he set up , and whom he would he pulled down . and i hope no man tyrannizes over his people , who uses the prerogatives which god has given him ; tho' he does over authors , who quotes what he will , and suppresses what he will , and construes them how he will , and renders lex facit regem , to govern by law , makes a sovereign prince a king , and distinguishes him from a tyrant ; which will pass with none but such ordinary readers as he writ his book for , and who never saw bracton . chancellor fortescue likewise says , that a limited monarch receives his power a populo efluxam , which unriddles our author's riddle in the same place , how the law can make the king , when the king makes the law ? but is it such a wonderful thing , that there should be a law to create a king , and to enable him so far in the making of laws , as to make his consent necessary to the being of all future laws ? was it not thus when the two houses were erected , and endowed with the like power ? for our author says amiss , when he says , the law has no authority , but what it receives from the king : for the laws are made authoritate parliamenti , which is by the authority of the king , lords , and commons . but , to lay aside bracton and fortescue at present , let us a little reason the matter . this personal authority of the king , antecedent to all the laws of the land , independent on them , and superiour to them : whence is it ? has he a throne like god ? is he of himself , and for himself ? or has he a personal authority from god , antecedent to laws , to be a king ? then shew a revelation from god where he is named . or has he the natural authority of a father to govern his children ? then it must be proved that he has begotten his three kingdoms , and all the people in all other his majesty's dominions ? or has he a personal patriarchal authority , which is set up as a shadow of the authority of a father , whereby the eldest son is his father by representation ? then it must be proved , that the king is the eldest son of the eldest house of all the families of the earth . or were mankind made in the day of their creation , by nations , and created prince and people , as they were created male and female ? but if none of these things can be said , then it remains , that a civil authority , that is , a mutual consent and contract of the parties , first founded this civil relation of king and subject , as we see it every day does of master and servant , which is another civil relation ; and that the consent of a community or society , is a law , and the foundation of all civil laws whatsoever , is proved beyond all contradiction by mr. hooker , eccl. pol. lib. . cap. . and as this personal authority of the king , which is antecedent to all the laws of the land , and independent on them , is airy and imaginary , and has no foundation , but is of this author 's own making : so he has been pleased to make it very large and lawless ; and though he be but a subject , yet , like araunah the iebusite , he gives like a king. for it is a personal authority superiour to the laws of the land , whereby all manner of arbitrary acts are binding ; whereby the prince may trample upon all the laws , and in vertue whereof he still governs , in the violation of all these laws , by which he is bound to govern : whereas the law of england absolutely denies that the king has any such personal authority . for , not to mention king edward's laws , chap. th , de officio regis , which were confirmed by william the conqueror , and sworn to by all succeeding kings ; nor to mention the mirror , which page . gives us a far different account of things ; nor to mention magna charta , which chap. . says , that if any thing be procured by any person , contrary to the liberties contained in that charter , it shall be had of no force or effect : so that a personal authority , which can trample upon the liberties of the subject , and violate the laws , is an authority of no force nor effect , a void authority , or , in other words , it is nothing . i say , not to insist upon any of these , i shall quote some passages out of my lord chancellor fortescue , where he professedly handles the difference betwixt an absolute monarchy , and a limited monarchy ; and after he has shewn the different original of them , he thus proceeds in the th chap. now you understand , most noble prince , the form of institution of a kingdom politick , ( or limited monarchy ) whereby you may measure the power , which the king thereof may exercise over the law , and subjects of the same . for such a king is made and ordained for the defence of the law of his subjects , and of their bodies and goods , whereunto he receiveth power of his people ; so that he cannot govern his people by any other power . to whom the prince thus answer'd , in the th chap. you have , good chancellor , with the clear light of your declaration , dispelled the clouds wherewith my mind was darkened ; so that i do most evidently see , that no nation did ever of their own voluntary mind incorporate themselves into a kingdom , for any other intent , but only to the end that they might enjoy their lives and fortunes ( which they were afraid of losing ) with greater security than before . and of this intent , should such a nation be utterly defrauded , if then their king might spoil them of their goods , which before was lawful for no man to do . and yet should such a people be much more injured , if they should afterwards be governed by foreign and strange laws , yea , and such as they peradventure deadly hated and abhorred ; and most of all , if by those laws their substance should be diminished , for the safegaurd whereof , as also for the security of their persons , thcy of their own accord submitted themselves to the governance of a king. no such power for certain could proceed from the people themselves ; and yet unless it had been from the people themselves , such a king could have had no power at all over them . now this discourse of the institution of a political kingdom was to shew the prince of wales , that he ought to study the laws of england , and not the civil laws , by which an english king cannot govern ; whereof the prince stood in doubt , chap. . but now you see that cloud is dispelled , and he is convinced by this , that a political kingdom cannot be govern'd by foreign and strange laws , which had signified nothing toward his conviction , if england were not a political kingdom . and i think there cannot be a plainer comment upon those former words of bracton ( lex facit regem , attribuat igitur rex legi quod lex attribuit ei , videli et , dominationem & potestatem , &c. ) than this discourse of fortescue is . . another reason which he gives why the king is irresistible in all cases , is , because he is a sovereign , and it is essential to sovereignty to be irresistible in all cases . which is false : for the king of poland is a sovereign ; he coins money with his own image and superscription upon it , which according to our author , p. . is a certain mark of sovereignty ; and p. . by the very impression on their money it is evident that he is their sovereign lord : he stiles himself by the same grace of god with any king in christendom , and wears the like crown : he assembles dyets ; he disposes of all offices ; he judges the palatines themselves , and is full of the marks of sovereignty . and yet he that shall take a polish peny , and make such work with it as our author does with the roman tribute money , and out of it read lectures either of active or passive obedience in all cases , will read amiss . for , in case he break his coronation-oath , they owe him no obedience at all , of any kind ; for this is one clause in it : quod si sacramentum meum violavero , incoloe regni nullam nobis obedientiam praestare tenebuntur . so that in case he violate his oath , his irresistibility departs from him , and he becomes like other men. . a third reason is , because the iewish kings in the old testament , and caesar in the new testament , were irresistible in all cases . now that is more than i know , and i leave it to divines to examine , whether it was so or no , as also to enquire why the christians of nero's houshold did not shew their loyalty in defending their master , after the senate had pronounced , that he was hostis humani generis ? but this i say , that if they were thus irresistible , and if this be a good argument here , it is a good argument in poland ; and thither i would desire our author to send it by the next shipping , for the law of the land has furnish'd us with those which are much better . i come now to the second case ; which , as i said before , is resolved under the covert and countenance of the former , that as well inferiour magistrates , as others imploy'd by a popish or tyrannical prince in the most illegal and outragious acts of violence , such as cutting of throats , &c. are as irresistible as the prince himself , ( under pretence of having the prince's authority to do these acts ) and must be submitted to , under pain of hell and eternal damnation . now this resolution is very false ; which i shall shew , . by confuting all the reasons which are brought for it ; and , . by producing some reasons against it . his reasons are , st , a personal authority in the prince , antecedent and superior to all laws , which makes himself inviolable , tho he trample upon all laws , and exercise an arbitrary power , and makes all others inviolable under him , who act by this authority . but i have shewed already , that this personal authority is false and groundless , and that the king is inviolable by law , and that this prerogative is highly just and reasonable , and can never prejudice the subject , for the king can do no wrong . and it is plain , that he cannot give such an illegal and miscalled authority to others , if he have it not himself . to shew that the authority , to which we are bound to submit , is not in laws , but in persons , tho acting contrary to law , he has brought this following argument , which is the most laboured of any in his book . nay , it is very false and absurd to say , that every illegal , is an vnauthoritative act , which carries no obligation with it . this is contrary to the practice of all humane iudicatures , and the daily experience of men , who suffer in their lives , bodies and estates , by an unjust and illegal sentence . for the most illegal iudgment is valid , till it be revers'd by some superior court ; which most illegal , but authoritative iudgment , derives its authority not from the law , but the person of him whose iudgment it is . now to use his own words , this is very false , and absurd all over . for st , legal and authoritative are all one ; and illegal authority is in english unlawful lawful power . dly , it is not true , that an illegal judgmen is valid , till it be revers'd . for the judgment of a man to death in an arbitrary way , either contrary to the verdict of his jury , or without a jury , is not authoritative nor valid at all , no not for an hour . but , i suppose , by illegal iudgments , this author means legal judgments which have error in them ; and if these should not be valid , and stand good , till that error be found in some higher court , there could not be legal , nor illegal , nor any judgments at all , but all humane judicatures must come to an end . for if judgment cannot be given , till we have judges who are not subject to error ; the laws must lie by and rust , and there can be no administration of justice . dly , the authority of a judgment which is erroneous , is not from the judges personal authority above the law , nor from his mistakes beside the law , but from that jurisdiction and authority which the law has given to courts and judicial proceedings which , if they be in due course o● law , are legal , and are presumed to be every way right , and as they should be , and free from error , til● the contrary appears in some highe● court. but if the judges in westminster-hall should use a personal authority superiour to law , in judging men to death without a jury , or in condemning a man when his jury acquits him , or the like , the law having given no authority to any such proceedings , these judgments would be illegal and void , and have no authority at all . and herein i say no more than this author himself has said in another place . for where he professedly lays down the difference betwixt an absolute monarchy , and the english constitution , pag. , . he has these words : an absolute monarch is under the government of no law but his own will , and is not ty'd up to strict rules and formalities of law in the execution of iustice ; but it is quite contrary in a limited monarchy , where no man can lose his life or estate , without a legal process and trial. but thus do men contradict themselves , who write by rote , and without considering things ! and thus does their blind passive obedience tie us up to impossibilities , and oblige us to lose our lives and estates without a legal process and trial , where , even as this author confesses , no man can lose them in such a way . dly . another reason why we must submit to illegal violence , is this : because though they have no legal authority for it , yet we have no legal authority to defend our selves against it . but he himself has given as full an answer to this as can be desir'd , in these words , pag. . for no man can want authority to defend his life against him that has no authority to take it away . dly . we must submit to illegal violence , because the people cannot call inferiour magistrates to an account , page . but sure the people may defend themselves against the murderous attempts of inferiour magistrates , without pretending to call them to an account , or sitting in judgment upon them : and when they themselves are called to an account for this defence , they may give a very good account of it , by the h. . cap. . thly . we must not defend our selves when we are persecuted to death for our religion contrary to the laws of england , because we must not defend our selves when we are thus persecuted contrary to the laws of god and nature , which are as sacred and inviolable as the laws of our countrey . answ. i grant that the laws of god and nature are more sacred and inviolable than the laws of our countrey ; but they give us no civil rights and liberties , as the laws of england have done . every leige-subject of england has a legal property in his life , liberty , and estate , in the free exercise of the protestant religion established amongst us ; and a legal possession may be legally defended . now the laws of england in queen maries time were against the protestants , and stript them of this unvaluable blessing ; and therefore , tho they chose rather to observe the laws of god and nature , than those of their countrey , which at that time violated both the other : yet withal they submitted to the laws of their countrey , which alone give and take away all legal rights and titles , and , when all is said , are the only measures of civil obedience . thly . men must not defend their lives against a lawless popish persecution , when they are condemned by no law , because they must not defend their lives when they are condemned by a wicked persecuting popish law. for such a lawless persecution has as much authority as such a wicked persecuting law. this is manifestly false : for a lawless popish persecution has no authority at all , but has all the authority of heaven and earth against it ; whereas a wicked popish persecuting law , tho as it is wicked it cannot command our obedience , yet as it is a law it may dispose of our civil rights . if queen maries laws were no laws , because they were wicked persecuting laws , why were they repealed ? why were they not declared to be null from the beginning ? i know the protestants in her time , and in queen elizabeths time before they were repealed , disputed the validity of them , and would not allow them to be of any force or authority , as appears particularly from mr. hales oration to queen elizabeth , fox vol. . p. , . but their reasons were , because the parliaments were not legally constituted . queen maries first parliament was of no authority , because , as his words are , the commons had not their free election for knights and burgesses : for she well knew , that if either christian men or true english men should be elected , it was not possible that to succeed which she intended ; and therefore in many places divers were chosen by force of her threats , meet to serve her malicious affections . also divers burgesses being orderly chosen , and lawfully returned , as in some places the people did what they could to resist her purposes , were disorderly and unlawfully put out , and others without any order of law in their places placed . for the which cause that parliament is void , as by a president of a parliament holden at coventry in h. . appears , and the third parliament he says was void , because the writs of summons were contrary to a statute . now these were needless and frivolous exceptions , if a wicked persecuting law were no law , without any more ado . and i desire no greater advantage in a civil question , than to reduce an adversary to this absurdity , of making no difference betwixt laws and no laws . thly . that non-resistance of illegal violence is the best way to secure the publick peace and tranquility , and the best way for every man's private defence : for self defence may involve many others in blood , and besides exposes a man's self . that is to say , when the publick peace is violated in an high manner , the best way to secure it , is quietly to suffer it still to be broken further ; a man's best defence is to die patiently , for fear of being killed ; and when murtherers are broke loose , the only way to prevent the effusion of more christian blood , is to let them alone . now in opposition to this doctrine i shall only remember our author , that if there had not been a defence made against the irish cut-throats in forty one , though they had the impudence to pretend the king's commission , there had hardly been a protestant left , but the pestilent northern heresie had been throughly extirpated in that kingdom . thly . another reason is , because non-resistance is certainly the best way to prevent the change of a limited into an absolute monarchy . now this is so far from being true , that , on the other hand , absolute non-resistance , even of the most illegal violence , does actually change the government , and sets up an absolute and arbitrary power , in the shortest way , and by the surer side . for a prince , whom the laws themselves have made absolute , has thereby no more than a right aud title to an absolute subjection ; but non resistance puts him into the actual possession of it . our author himself has made this out beyond all contradiction ; for , pag. . he says , that non-resistance is as perfect subjection as can be paid to sovereign princes ; and , pag. . he calls it , the only perfect and absolute subjection we owe to princes . now the most perfect and absolute subjection that can be paid , erects the most absolute government that can be devised . for those words are of eternal truth , which we read in pag. . of this book : for authority and subjection are correlates ; they have a mutual respect to each other , and therefore they must stand and fall together : there is no authority , where there is no subjection due ; and there can be no subjection due , where there is no authority . and is not this as bright and as evident a truth : there is no absolute authority , where there is no absolute subjection due ; and there can be no absolute subjection due , where there is no absolute authority ? i shall now briefly run over his scripture-proofs , so far as they concern this second case : for if he had multiplied his texts of scripture , to shew that kings are irresistible , i should have had nothing to say to it , because the law has made our king so ; but if the law had not made him so , all his texts would never have done it , as i have instanced in the kingdom of poland . for the scripture does not erect new polities , as st. chrysostom long since observed ; nor does the gospel bar or abolish any politick laws , as luther's constant position was , which bishop bilson thought was undeniable . in the old testament his two examples of non-resistance are , david , and the iews under ahasuerus ; which are the untowardest for his purpose that he could have pitch'd upon . for as for the former of them , if the duty of passive obedience may be practised by a subject at the head of an army , and if to decline engaging the king's army only when it is six to one , ( which always , at the least , was the odds between saul's : forces and david's ) be an example of nonresistance , i am sure it is such passive obedience , and such nonresistance , as if it were acted over again in the highlands of scotland for half the time , that it was in the wilderness of zìph , would occasion new sermons against rebellion , even in the same pulpit where the substance of this book was preach'd . the other , he says , was as famous an example of passive obedience as can be met with in any history ; and yet it amounts to no more than this , that the iews being doomed to utter extirpation by a law , and delivered up as a prey to their enemies ; thinking a defence either unlawful or impossible ( for the scripture does not say which ) did look upon themselves as lost men , till they afterwards had procured a law , which in effect reversed the former , by publishing it to all people , that the iews might stand for their lives , to destroy , to slay , and to cause to perish all the power of the people and province that would assault them , both little ones , and women , and to take the spoil of them for a prey , esth. . . upon which they made a vigorous and successful defence against their enemies , who were so hardy as to take no warning by this law , but continued maliciously resolved to destroy the iews , though they were thus expresly threatned that they must do it at their utmost peril . and may not those men then be as famous examples of passive obedience , who , if the laws were against them , would readily submit ; but having the laws on their side , shall defend themselves against the illegal violence of any evil disposed persons , that never were , nor ever could be , authorized to destroy them ? as for st. peter's case in the new testament , it was the resistance of lawful authority , and therefore justly condemned by our saviour . for the apprehending our saviour was not an act of unjust and illegal violence , as our author there says ; but was done by proper officers , by vertue of a warrant from the chief priests and elders ( the lords spiritual and temporal among the iews ) who were aided by the roman guards for fear of a rescue . as this author says , our saviour is our example in not resisting a lawful authority ; but what is that to the resisting of those that have no authority ? and yet if our saviour had practised non-resistance towards persons having no authority , it had not been binding to us , no more than his not appealing to caesar hindred st. paul of his appeal . in a word , there is not a case or a text , which he has argued from , in scripture , which he has not perverted and abused . i shall answer the arguments used in this question , which are taken out of the acts concerning the militia , and which are mentioned by this author , p. , . by giving the reader a particular and distinct view of those acts : whereby it will appear that we are not enslaved by those acts , neither are the subjects hands tied up from making a legal defence against illegal violence . there are three statutes concerning the militia . the first , car. ii. cap. . which was an interim or temporary provision till the militia act could be perfected , entituled , an act declaring the militia to be in the king , and for the present ordering and disposing the same . the second is car. ii. cap. . to establish the militia ; entituled , an act for ordering the forces in the several counties of this kingdom . and the third is an explanatory and supplemental act ; entituled , an additional act for the better ordering of the forces in the several counties of this kingdom ; car. ii. cap. . the two former of those acts have the very same preamble , in these words . forasmuch as within all his majesty's realms and dominions , the sole supreme government , command and disposition of the militia , and all forces by sea and land , and of all forts and places of strength , is , and by the laws of england , ever was the undoubted right of his majesty , and his royal predecessors , kings and queens of england ; and that both , or either of the houses of parliament cannot , nor ought to pretend to the same ; nor can , nor lawfully may raise , or levy any war offensive or defensive against his majesty , his heirs , or lawful successors ; and yet the contrary thereof bath of late years been practised almost to the ruine and destruction of this kingdom ; and during the late usurped governments , many evil and rebellious principles have been instilled into the minds of the people of this kingdom , which unless prevented , may break forth to the disturbance of the peace and quiet thereof . this preamble consists of five clauses , of which the three first are concerning matter of law , and the two last concerning matter of fact. in the first clause there are these two things evidently contained . first , that the militia is in the king by law. secondly , that the militia's being in the king , is no new power , but was ever the undoubted right of all the kings of england . conclusion ; therefore , unless the people of england , were ever slaves under all former kings , they are not made slaves by this declaration . the two next clauses say , that both , or either of the houses of parliament , cannot pretend to the sole supreme government , command , and disposition , of the militia , forces , forts , and places of strength . nor can raise or levy any war against the king ; but neither is it here said , that the king can or lawfully may raise or levy any war against both , or either of the houses of parliament , or any of his liege subjects . the two last clauses are concerning matter of fact ; in these words , and yet the contrary thereof hath of late years been practised ; that is , the houses did pretend to the sole supreme government , command , and disposition of the militia , forces , forts ; and did raise and levy war against the king. and during the late usurped governments , many evil and rebellious principles were instilled into the minds of the people ; such , i suppose , as asserted the militia to be in the parliament , &c. as to the body of the first act , it is all of it either repeated in the second , or else superseded by it , and therefore we are next to consider what is enacted in the th . car. . cap. . and immediately after the preamble before recited , there are these words . be it therefore declared and enacted by the king 's most excellent majesty , by and with the advice and consent of the lords spiritual and temporal , and commons in parliament assembled , and by the authority of the same , that the king 's most excellent majesty , his heirs and successors , shall , and may from time to time , as occasion shall require , issue forth several commissions of lieutenancy to such persons as his majesty , his heirs and successors shall think fit to be his majesties lieutenants for the several and respective counties , cities , and places of england , and dominion of wales , and town of berwick upon tweed ; which lieutenants shall have full power and authority to call together all such persons at such times , and to arm , and array them in such manner as is hereafter expressed and declared ; and to form them into companies , troops , and regiments ; and in case of insurrection , rebellion , or invasion , them to lead , conduct , and imploy , or cause to be led , conducted , or imployed , as well within the said several counties , cities , and places for which they shall be commissionated respectively , as also into any other the counties and places aforesaid , for suppressing all such insurrections and rebellions , and repelling of invasions as may happen to be , according as they shall from time to time receive directions from his majesty , his heirs and successors ; and that the said respective lieutenants shall have full power and authority from time to time , to constitute , appoint , and give commissions to such persons as they shall think fit to be colonels , majors , captains , and other commission-officers of the said persons so to be armed , arrayed and weaponed , and to present to his majesty , his heirs and successors , the names of such person and persons as they shall think fit to be deputy-lieutenants , and upon his majesties approbation of them , shall give them deputations accordingly ; always understood that his majesty , his heirs and successors , have power and authority to direct and order otherwise , and accordingly at his and their pleasure , may appoint and commissionate , or displace such officers ; any thing in this act to the contrary notwithstanding : and that the said lieutenants respectively , and in their absence , out of the precincts and limits of their respective lieutenancies , or otherwise by their directions , the said deputy-lieutenants , during their said respective deputations , or any two or more of them , shall have power from time to time , to train , exercise , and put in readiness ; and also to lead and conduct the persons so to be armed , arrayed and weaponed , by the directions , and to the intents and purposes , as is hereafter expressed and declared . here you see all is regulated and limited ; and the lieutenancy have no other powers nor authorities , nor can execute them but by the directions , and to the intents and purposes , expressed and declared by law. consequently , the lieutenancy have no power to raise insurrections or rebellions , or to assist invasions , for that is directly contrary to the intent and purpose of this act , which is , in case of insurrection , rebellion or invasion ( whereby occasion shall be to draw out the militia into actual service ) to imploy these forces for suppressing all such insurrections and rebellions , and repelling of invasions , as it is frequently repeated in this act. nor , secondly , have they power to act contrary to the directions of these acts , as for instance , to search for arms in the houses of persons judged to be dangerous , without a constable or parish-officer ; nor to search in villages or country-towns ( other than within the bills of mortality ) between sun-setting and sun-rising ; nor have the commissioned peers power to imprison a peer , where he is expresly excepted from that penalty . the rest of this act is spent in charging the quota's and proportions of men and arms , in setling pay for the souldiers , and in declaring what powers and authorities shall be executed in all cases relating to the militia : and to the persons concern'd we leave them , only taking notice of this oath , which is directed by the act to be administred to all officers and souldiers in the militia , in these following words . i a. b. do declare and believe that it is not lawful upon any pretence whatsoever to take arms against the king ; and that i do abhor that traiterous position , that arms may be taken by his authority against his person , or against those that are commissioned by him , in pursuance of such military commissions . but , as i said before , neither are the people of england enslaved by this oath . for as for the first clause , it never was lawful upon any pretence whatsoever to take up arms against the king , for that , in other words , is to levy war against him. and as for the first part of the position to be abhorred , that arms may be taken by the king's authority against his own person , it was always traiterous non-sence , and fit to go along with the other proposal in the oxford expedient , of inthroning the name of a prince , but banishing his person miles off under pain of death . and so the other part of the position , that arms may be taken by the king's authority against those who have received authority from the king , in the execution of that very authority , is stuff as ill put together as the other ; for it makes the king's authority to supplant and destroy it self . and therefore the renouncing and abhorring of such positions can never be interpreted to be parting with our english liberties , which having been all along preserved by our ancestors , at a vast expence both of blood and treasure , must needs be presumed to be something that was more valuable than barbarous nonsence . but because there are many men , who ( like trouble-all in bartholomew-fair ) take two or three words under the hand of a magistrate to be a sufficient warrant for any thing , and think all to be commissions which are so called , whether they be so or no , it will be necessary to take into consideration this last part of the oath , and to shew , . what a commission is . and , . who act in pursuance of such commission . . a commission is the legal appointment of a legal person to execute or exercise some legal power or authority . and therefore the first thing requisite to a persons being commissionated , is , that he be legally appointed . so dr. falkner commenting upon this clause of the oath , by a commission , understands a commission regularly granted . book . chap. . sect. . but though , as he says , that be the true sense of the clause , yet it is not the whole truth . for tho a commission may be issued in due form of law , and be regularly granted , yet the incapacity or disability of a person to receive a commission , or the illegal powers of the commission it self , may render it void . . the next thing requisite to a persons being commissionated is , that he be a legal person . for first , a person may be uncapable by law of being commissionated ; as he that was not a natural-born subject of england , was uncapable of being an high-commissioner . or secondly , a person may be disabled by law from having a commission , by being convicted of some offence against the laws , which is punished by such a disability . or dly , which we may likewise refer to this head , a person may be unqualified by law , to execute a commission , or act by virtue of it , till he have perform'd some condition required by law : as for instance , till he have taken his corporal oath for the due and impartial execution of the trusts committed to him ; or as in the militia-act every lieutenaut , deputy-lieutenant , officer and souldier remains unauthorized till he have taken the oath . for in all these cases , where the law says no man shall be enabled or impowered , he is not impowered . the third requisite to a person 's being commissionated , is , that he be appointed to execute or exercise some legal power and authority . no man can be commissioned to exercise powers which are illegal and arbitrary , and which the law says shall not be exercised . and therefore all such commissions are null and void , that is , they are no commissions . as for instance , letters patents , or commissions to erect a court with such powers and authorities as the high commission court had ; or because we are speaking of military commissions , a commission for proceedings by martial-law , contrary to the laws and franchises of the land. the next thing is to consider , when a man acts in pursuance of his commission . and first , it is plain that he does not act by virtue nor in pursuance of his commission , who exceeds the legal powers and authorities of his commission . for in those acts he is not authorized and impowered , but acts of his own head. secondly , much less does he act in pursuance of his commission , who acts quite contrary to the intents and purposes of his commission . as for instance , he who in case of insurrection , rebellion or invasion is commissionated to lead & imploy the militia for the suppressing such insurrection , or rebellion , or for repelling such invasion , if instead of this he himself shall raise an insurrection or rebellion , or assist an invasion , he pursues his commission to death , and acts in direct opposition to the end for which the law has impowered him , and does that which he neither is , nor can possibly be authorized to do . but because no commission can be given , no power can be granted , no authority can be entrusted with any person , but may be unfaithfully discharged , yea though men be sworn to the due and impartial execution of it ; it may be made a question , whether legal powers and authorities which are not duly and truly and impartially executed , are authoritative , and consequently must be submitted to ? to which it must be answered , that a trust is inseparable from an office or commission , and that no legal power or authority can be so cautiously regulated , but that still something that is within the compass of that power and authority , must be left to the honesty and integrity of him that executes it . only it is the perfection of the english laws , whereby they have preserved the franchise of the land , that they have left very little to the discretion of those who are intrusted with the execution of them , but in all cases have secured the main . as where they have left fines at the will of the king , still it is salvo contenemento . but where the law has expresly intrusted a commissioner with the exercise of some power , while he acts within the bounds and limits of his authority , there he is to be submitted to , though he should exercise that power amiss . as for instance in this act , the said respective lieutenants and deputies , or any three or more of them , shall have power to hear complaints , and examine witnesses upon oath , ( which oath they have hereby power to administer ) and to give redress according to the merits of the cause , in matters relating to the execution of this act. now if they do not faithfully discharge this power , nor give redress according to the merits of the cause , a man must even put his complaint in his pocket , till he can have legal redress elsewhere . this act likewise inables the lieutenants , or any two or more of their deputies , to warrant the seizing of all arms in the possession of any person , whom the said lieutenants or any two or more of their deputies , shall judg dangerous to the peace of the kingdom . now if they shall abuse this power , which is for securing the peace of the kingdom , to the disarming the loyalest and best subjects the king has ; and will not restore these arms to the owners again , ( nor they be able to recover them by replevin ) it cannot be help'd ; nor indeed is it of very great importance , because they may buy more . but , as i said before , where the property or liberty or lives of the subject are concern'd , this very act has been careful to secure them ; so as to forbid searching for arms in the night-time ( unless within the bills of mortality , cities , & market-towns ) and every where has required it to be done with a parish-officer ; whereby both the persons and goods of the subject are least exposed . it has likewise been careful to provide , that neither this act , nor any matter or thing therein contained , shall be deemed , construed or taken to extend to the giving or declaring of any power for the transporting of any of the subjects of this realm , or any way compelling them to march out of this kingdom , otherwise than by the laws of england ought to be done . and yet some men , i cannot say have deemed and taken , but i am sure have wickedly construed this act to extend much farther , even to a power of destroying the liege subjects of this realm , and marching them out of the world , otherwise than by the laws of england ought to be done . but this last proviso has sufficiently confuted all such mischievous doctrine . where is arbitrariness then ? it is excluded . by what law ? even by the imperial law , or law of the prerogative : for though the power of the sword is declared in these acts to the full , yet they have taken care to prevent all such dangerous mistakes , as if thereby those that are commissionated by the king had any power of transporting his liege subjects , or compelling them to march out of the kingdom ; and much less have they any power to destroy them at home , as both magna charta , and the petition of right , car. intituled , a declaration of divers rights and liberties of the people to the king 's most excellent majesty , do fully declare . now i would fain know wherein those who transport the king's liege subjects , without any power to transport them , differ from kidnappers ? or those that destroy them , without any power to destroy them , differ from murderers ? and surely the people of england have a legal right , and several legal ways , to rescue themselves from kidnappers and murderers , without pretending to the command of the militia ! but though the last mentioned proviso was twice enacted , yet comes the pulpit law and utterly repeals it ( as it does the th of eliz . ) and says the subjects of england must be compelled , and shall be compelled to march out of the kingdom , if those that are commissionated by the king shall think fit . for though these have no power to compel , yet the subjects of england are bound in conscience to know their duty and their drivers , and to supply this lack of legal power by the inward impulses of their own spiritual , and never-failing passive obedience ; and must either go out of the kingdom upon this occasion , or go to the devil for their wicked and rebellious refusal . it likewise repeals all the legal limitations , which have ascertained penalties for the several offences committed against the laws . as for instance in this act , whereas the law says , that the chief commissioned officer upon the place may imprison mutineers , & such souldiers as do not their duties , and shall and may inflict for punishment for every such offences any pecuniary mulct , not exceeding five shillings ; or the penalty of imprisonment without bail or mainprise , not exceeding twenty days . the doctrine of passive obedience makes nothing of these legal restrictions , and says , that men must submit to perpetual imprisonment , or to be hanged for such offences , or for no offence at all , if those that are commissioned will have it so . i humbly submit it to the wisdom of our legislators when they shall be assembled in parliament , whether they will endure to have all their laws thus used , and suffer them to be put into a bottomless bag ( as the poets say iupiter disposes of lovers vows ) of a boundless and endless passive obedience . but because some men have moved another question , who shall be judg when there is an insurrection , rebellion or invasion ? and consequently , whether there be occasion or not , according to law , to imploy the militia , and to draw them forth into actual service ? it is fit to say something to it . to which i answer , that the law has judged already , and determined the matter to our hands ; and all english-men know as well , as if they had the opinion of all the judges , that going peaceably to market , or to their parish-church , is neither insurrection , rebellion , nor invasion . but i have long since observed , that those who would inslave men , either under an implicit faith , or a blind obedience , are very pert in putting such questions ; the scripture is the rule of faith , but who shall be iudge of the sense of it ? and when you have once allowed them that point of an absolute judg , then presently an apple shall be an oyster , bread shall be flesh and blood and bones , pig shall be pike , and a dog shall be a catawimple . now , i humbly conceive , there is no need at all of constituting a judg to resolve that the barbar's bason is not mambrino's helmet , when none but a madman who is bent upon seeking adventures , and is ready to pick quarrels with all mankind , will say it is . as to the third act concerning the militia car. . c. . i shall only take notice of one clause of indemnity in these words . and it is further declared and enacted , that all and every person and persons which since the five and twentieth day of march , one thousand six hundred sixty and two , have acted or done any thing in the dismantling of any cities or towns , or demolishing of walls and fortifications thereof , or relating thereunto , shall be , and are hereby indempnified and saved harmless . now this was long after the militia had been declared to be in the king , & yet these persons having exceeded their legal powers , stood in need of an indemnity by act of parliament : which had bin vain , if the king's command , or their own commission would have justified them , and born them out in it . i come now in the d place to produce some reasons to prove the lawfulness of defending our selves against illegal violence ; which is a truth so obvious and so agreeable to the common sense of mankind , that even those men who set themselves to oppose it , do oftentimes assert it unawares , and give unanswerable reasons for it . i shall therefore first set down those concessions which the force of truth has extorted from this author , and dly add some other arguments to them . st . no man wants authority to defend his life against him who has no authority to take it away . p. . but no man whatsoever has any just and legal authority ( that is , any authority at all ) to take it away contrary to law. p. , . and from these premises it is easy for any man to infer the conclusion . dly . he that resists the vsurpations of men , does not resist the ordinance of god , which alone is forbidden to be resisted . but acts of arbitrary and illegal violence are the vsurpations of men. therefore , &c. these again are our author's doctrines , the former p. . l. . the other p. . l. . as likewise . l. . he acknowledges , that the assuming of an absolute and arbitrary power in this kingdom would be vsurpation ; tho he says at the same time that no prince in this kingdom ever usurped such a power : which is notoriously false : for richard the d by name did , not to mention any other . dly . a d argument which this author furnishes us withall , is this , p. , . the reason why we must submit to governours , or subordinate magistrates , is , because they are sent by our prince , and act by his authority ; and we must never submit to them in opposition to our prince . now nothing is better known in this kingdom , than that those who commit illegal violence , do not act by the princes authority ; for , as our author says , p. . he himself has no just nor legal authority to act against law ; and therefore we need not submit to them in such acts. nay , farther , according to this author , we must never submit to them in this case because they are in opposition to our prince ; for they act against the peace of our soveraign lord the king , his crown , and dignity ; as the law has evermore interpreted such acts. thly . our author , p. . has these word . every man has the right of self-preservation , as intire under civil government , as he had in a state of nature . vnder what government soever i live , i may still kill another man , when i have no other way to preserve my life from unjust violence by private hands . now the hands of subordinate magistrates , imployed in acts of illegal violence , are private hands , and armed with no manner of authority at all ; of which this is a most convincing proof , that they may be hanged by law for such acts , which no man can or ought to suffer for what he does by authority . they are no officers at all in such acts , for illegal violence is no part of their office. this is sufficient to shew , that this author holds so much truth , as would have led him to his own conviction , if he had but attended to the immediate consequences of it , instead of blending it with a great many falshoods : and after he has answered his own arguments , i shall desire him to do as much for these which follow . . no man can authorize himself . but in acts of illegal violence if a subordinate magistrate have any authority at all , he must authorize himself . for it is a contradiction to say the law authorizes him to do an illegal act , as our author well observes p. . and it is as false to say , that the king who can do no wrong , can authorize another to do it . in the great conference of the lords and commons , o caroli , concerning the contents of the petion of right , the law was held to be , that if the king command a man to do injury to another , the command is void , & actor fit author , and the actor becomes the wrong-doer . that is , he acts of his own head , and authorizes himself . dly . the illegal violence of subordinate magistrates cannot be more irresistible , only by being more criminal than it is in other men ; for that would be to make a man's crime to be his protection . but illegal violence done by subordinate magistrates , is not only as inauthoritative , as if it were commited by private persons , but likewise more criminal ; as being done with a face and colour of authority , and under pretence of law , making that partaker of their crime , violating and blemishing the law at once . i might multiply such arguments ; but if this author will please to give a full and clear answer to these only , i here promise to be of his opinion . finis . notes, typically marginal, from the original text notes for div a -e pag. , , &c. pag. . page , , &c. pag. , , . page . page . p. . ●age . page , . page . pag. . pag. . pag. . page . ephemeris parliam . a brief enquiry into the ancient constitution and government of england as well in respect of the administration, as succession thereof ... / by a true lover of his country. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief enquiry into the ancient constitution and government of england as well in respect of the administration, as succession thereof ... / by a true lover of his country. tyrrell, james, - . [ ], , [ ] p. printed for richard baldwin ..., london : . reproduction of original in huntington library. advertisement: p. [ ]-[ ] at end. attributed to james tyrrell. cf. wing. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. great britain -- constitutional law. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief enquiry into the ancient constitution and government of england . as well in respect of the administration , as succession thereof . set forth by way of dialogue , and fitted for men of ordinary learning and capacities . by a true lover of his country . london : printed for richard baldwin near the oxford-arms in warwick-lane . . the publisher's preface to the reader . there being many treatises already publish'd upon the subjects handled in this ensuing discourse , you may think it needless to trouble the world with more of this kind ; but those who think so , may be of another opinion when they have considered , not only the design of this treatise , which is to abridge into a small manual what others have writ in many volumes ; but also the manner of handling the matters herein treated of , which you will find to differ very much from most of the books written before upon this subject : some writers having screwed up the king's prerogative to so extravagant a height , as to place the whole essential frame of the government in the king 's sole will and pleasure , not considering the fundamental rights and liberties of a free-born nation , more than as the forced concessions of some weak princes , not otherwise able to appease an angry people ; and which they may therefore contract , or wholy abrogate , as their power or opportunities may either dictate , or permit . whilst on the other side , there are some who have too much debased the royal prenogative , by placing all power immediately in the people , and supposing the king accountable to their representatives for every small miscarriage in government . there is without doubt an error in both these extremes ; since as the king can have no prerogative which is inconsistent with the ancient rights and liberties of the subject , set down in magna charta , and other ancient statutes , which were only declarative of the common law of england ; so likewise , if the king be the supreme magistrate of the nation , he cannot without a soloecism in government , be rendred accountable to any power superior to his own ; these things considered , hath induced the author to chuse a middle , and more moderate course , by preserving to the king all such prerogatives as are inseparable from the supreme executive power , and which are necessary for the common safety ; yet , without leaving the king absolutely irresistible in all cases whatsoever , and without a supposed impossibility of his falling from his royal dignity , in case of the highest breaches of his coronation oath , and the utmost violations of that usual and ancient contract , which his predecessors have so often renewed with the people of this nation , upon their succession to the throne . for the proving of which the author hath made use of the best authorities he could collect either from our ancient histories , records , or law-books , beginning with the grounds and institution of civil government in general , and ending with that of england in particular . and though he hath so far adapted this discourse for men of ordinary learning and capacities , as not to stuff the margin with many quotations ; yet he hath not fail'd to put them down , where-ever the niceness or uncommonness of the subject might otherwise chance to shock the understandings of readers not thoroughly vers'd in things of this nature : not but that the author is very well satisfied , that even where no authorities are expresly cited , he is able to maintain what he there lays down by arguments drawn from law , as well as reason , if any man shall think it worth while to call it in question ; but if he requires larger and fuller proofs on this subject , he may , if he pleases , first consult the last eight dialogues of a late treatise , called , bibliotheca politica ; as also mr. atwood ' s learned treatise concerning the antiquity and justice of an oath of abjuration . and i hope he may thence receive sufficient satisfaction , that the principles here laid down , are founded not only upon right reason , but the ancient constitution of the english government . this may suffice for the manner of handling this argument . but now to say somewhat more of the ends of publishing this discourse , and they are these : first , to make every man ( though of never so common a capacity ) understand ( as well as the author is able to perform it ) what is the true , ancient , and legal government of this kingdom . dly , what are the main and most considerable prerogatives of the crown . and lastly , what are the fundamental rights and liberties of the people . and that these are so far from being contradictory or inconsistent , that they rather serve to defend and strengthen each other ; so that it hath been for the defence and preservation of all these , that this wonderful and happy revolution hath been brought about , and their present majesties placed upon the throne ; as also to convince those who traduce by the nick-names of whigs , and commonwealths-men , those that have been in the worst of times the only true assertors of this ancient limited monarchy ; so that if they plead for resistance in some cases , it is only in those of utmost and absolute necessity , and in order to preserve the original constitution , and to prevent the head of the legislative power from devouring the body : nor can they have any other notions of loyalty , but their obedience to the government establisht , and exercised according to law , as the ancient sense , as well as etymology of that word imports . to conclude , whosoever shall think fit to bestow a little money to buy , and time to peruse this small treatise , the publisher hopes he will find the design to be truly english , that is , sincere and honest , that all good subjects may know how to render to caesar the things that are caesars , and to god the things that are gods , without blindly sacrificing ( under the will-worship of a pretended loyalty ) the religion , civil liberties and properties of their country to caesar's will , as some of late years have done , who made these the darling ( because most gainful ) doctrines as well of the pulpit , as the bar and the press . a brief enquiry into the ancient constitution and government of england , ctc. in a dialogue between a justice of peace , and an understanding freeholder . i. good morrow neighbour ; what brings you hither so early ? if you want a warrant , i 'll call my clerk , and then hear your business . f. no , i assure your worship , the business i come about is of greater concern , and that no less than the rights and liberties of the subject , as well as the power and prerogative of our kings ; which though i heard you . treat of in your late charge to the grand jury last quarter-sessions , yet since i could not come near enough to hear it distinctly , not being of that jury my self , pray give me the substance of that discourse ; and i the rather desire it , because i have since heard it much censured by some of our neighbours as savouring of commonwealth principles : but to save you the labour of a needless repetition , i will ask you those questions which i desire most to be satisfied in . i. pray use your discretion , and begin when you please ; i will do my endeavour to satisfie you as well as i can , though without putting my self to the trouble of quoting many authors , which perhaps you never heard of ; and therefore pray believe , that whatever i shall tell you , i have not only reason , but authorities also for what i then said . f. i have no cause to doubt what you say ; therefore , pray sir , in the first place tell me , what you then said about the natural state of mankind as to civil liberty : pray sir , what think you , were men at first born subjects , or did they become so by some human means ? i. as to this , adam ( for example ) being the first man , could not , as a husband to eve , or as a a father to cain , abel , and the rest of his children , be an absolute lord or monarch over them : his power , as that of all other fathers of families , not being a civil power , but that of a husband , or father , only for the direction of his wife in all things relating to the affairs of the family ; and over his children in order to their good education in the fear of god , and for their maintenance whilst they continued members of it ; so that subjection to government could never begin from mens being born servants , or subjects , as some will have it . f. pray then tell me , sir , what is civil government ? i. i think civil government is god's ordinance , which he has ordained for the good and happiness of mankind , to preserve men from the violence both of foreign and domestick enemies , since the nature of man depraved by the fall of adam is too apt otherwise to fall into all manner of mischiefs and enormities , as well towards himself as others . f. how then did it begin ? was it by any divine precept , or else by the consent of many men who had found the inconveniencies of living without it ? i. before the flood there is no mention in scripture of any sort of civil government , or any precept left for it ; the first that seems to prescribe it , being after the flood , when god gave noab that positive precept , gen. . . that whoso sheddeth man's blood , by man shall his blood be shed ; whence divines argue a necessity of magistrates for putting this law in execution ; but who were to appoint them , the scripture is wholly silent ; and though indeed there is mention made of kings in genesis very early in the world , yet is it not there told us how those kings were made ; therefore it is most reasonable to suppose , that they either at first began by the tacit consent or election of the masters of families , and other freemen of the same lineage , or nation ; or else by conquest of other nations by force of arms. f. but , pray sir , is there not an account given us in scripture of judges and kings made by god's own appointment among the iews ? i. yes ; but that concerned no other nation but them ; who are the only people , that i know of , that had a civil government , as well as divine law , from god's own appointment . f. but , sir , did not god's thus giving the iews kings , or persons at least endued with kingly power , ( though not under that title ) render monarchy to be of divine right , so as that all other nations are thereby obliged to have no other government but that ? i. no sure , not at all ; for till the time of saul they had no visible king over them ; god himself was their king , and those that governed under him could do nothing of moment without his express command ; and where that did not interpose , the government was by moses and a senate of seventy elders , and also by the heads or princes of the several tribes as subordinate to them ; and after his decease , by ioshua and the other judges whom god raised up ; who if they had been kings in power , but not in title , it would have been in vain for the israelites to have desired a king to be like other nations ; and you see when they desired such a king , god was angry with them , as if they had rejected himself ; so that there is no other consequence to be drawn from all these examples , but that kingly government is the most antient , and may also be the best , if kept within due limits . f. pray whence then do kings now-a-days derive their power , ( since god hath long since left off making any kings by divine precept ) ? whether is it from god , or from the people ? i. i told you before , that all power is from god , and consequently kingly power must be so too ; yet this is so to be understood , that this power cannot rightfully be acquired without the people's consent ; i mean all those who being master's of families , and free-men at their own dispose , had at first a power of setting up what sort of government they pleased ; and hence it is that we find so many sorts of governments in the world ; as for example , monarchy , which is either absolute , as in france and turkey ; or limited , as in england , and as it was not long since in all the northern kingdoms of europe ; or else aristocracy , that is , the government of the best sort , or nobility ; or else democracy , where the common people govern alone , or else have the predominant power . but all these , as they derive their power from god , are alike ordained by him ; though in respect also of men , who first found out and instituted these several governments , they are also called by st. peter , the ordinance of men , or a human creature , as the original words it . f. but do we not also find in scripture , that most of the great kingdoms or monarchies of the world have began from conquest ? does not therefore conquest of a nation by arms give the conqueror a power from god to rule over that people without their consents ? i. i will not dispute what authority the babylonian , persian , macedonian , and roman monarchies might have over those nations they conquered , by a particular donation from god , who had long before foretold those monarchies by daniel , and the other prophets ; and as for the first of these empires , the iews are particularly commanded by the prophet ieremiah , to serve the king of babylon ; the like is foretold by isaiah of cyrus ; yet for all this , i think no other conquerors can pretend to the like right over any nation at this day ; since all conquest is either by a just , or an unjust war ; that the latter can give no right at all to the conqueror , all writers agree ; and that even the former can give no right without the peoples consent , either tacit or exprest , seems also as certain , since in respect of them who are not capable judges of the right or wrong of the quarrel , it can lay no obligation of obedience , farther than they please by some act of their own to acknowledge the conqueror for their lawful prince ; which being once done voluntarily , is all one in respect of themselves , as if it were by their election , or that of their lawful representatives : nor could the first conqueror ( mighty nimrod , for example ) ever conquer the neighbouring nations by the sole assistance of his own children and servants , without the conjunction of other fathers of families , and freemen , who 't is most likely followed him for a share of the spoil , and upon certain conditions agreed upon between them ; for the like we find of all other conquerors in ancient as well as modern histories . f. but pray shew me , sir , how this can be , since most nations have been conquer'd at some time or other ; but few of them have given their consents ( as i know of ) either in a whole assembly of all that nation , or else by their lawful representatives , as we do in england . i. 't is true , they have not given their consents all at once , but singly , and one by one , they have done , and constantly do it every day in towns and countries that pass from one king to another by conquest ; for it is certain that all such subjects as do not like the religion or government of the conquering prince or commonwealth , may lawfully retire out of the conquer'd city or countrey , and carry their estates with them , or else sell their lands , and carry away the money if they can , without any crime ; so that it is apparent it is only from the acknowledgment or recognition of each particular person who stays there , that this conqueror comes to have any right to the subjects allegiance . f. pray how is this consent or acknowledgment given , since oaths of allegiance ( as i am inform'd ) are not exacted in all places of the world where conquests are made ? i. i grant it ; but where they are not so imposed nor taken , the persons that have not sworn to this new government , can never be oblig'd to an active obedience , or to fight for , or serve the conquering prince , against perhaps their former lawful sovereign ; yet i think thus much i may justly maintain , that whatever prince , be he a conqueror , or usurper ( who is much the same thing in respect of the subjects ) who shall take upon him to administer the civil government , by protecting the conquer'd people , punishing malefactors , and doing equal justice by himself or his judges between man and man ; whosoever of this conquer'd people will continue in that city or countrey , and receive his protection , and enjoy all the other rights of other subjects , is so far obliged by virtue of that protection he receives , as to yield a passive submission to all the laws that such a conqueror shall make , and not to conspire against , or disturb his government by plots or rebellions . but indeed this tacit consent or acknowledgment of the conqueror's authority , because not given by the people at once , makes many men believe that their consent is not at all necessary to make a conqueror's power obligatory as to them ; not but that i do acknowledge that oaths of allegiance are of great use in any kingdom or common-wealth , to bind men to a stricter observance of their duty , and also to an active obedience to all their conqueror's lawful commands , even to venturing their lives for the government , since it is for the publick good of the community , if they are so required . f. i am well enough satisfied as to the original of government , and the right that all kings and commonwealths have to their subjects allegiance , whether they began at first by the express consent or election of the people , or else by conquest and their subsequent consents ; but pray satisfy me in the next place concerning the government of england ; you said it was a limited monarchy , and i have never heard that questioned ; but how did this limitation begin ? whether from the very first institution of the government , or else by the gracious concessions of our kings ? i. without doubt , neighbour , from the very institution of the government ; for our first english saxon kings were made so by election of the people , in their great councils , or parliaments ( as we now call them ) and could do nothing considerable either as to peace or war without its consent ; and this council was to meet of course once a year , without any summons from the king , and oftner by his summons , if there was any occasion for it ; and it is certain that the freemen of england have always from beyond all times of memory enjoyed the same fundamental rights and privileges ( i mean in substance ) that they do at this day . f. pray , sir , what are those fundamental rights and privileges that you say we have so long enjoy'd ; tell me what they are . i. i will in as few words as i can : first then , the freemen of england were never bound to observe any laws , either in matters civil or religious , but what were made by the king , with the consent of the great council , consisting of the clergy , nobility , and commons , assembled in parliament . secondly , that no taxes could be lawfully imposed upon the nation , or any man's property taken away without the consent of this council . . that this great council had ever a power of hearing and redressing all grievances and complaints of the subjects , not only against the * oppressions of any of the king 's great officers or ministers , who were too great to be called to an account in any other court ; but also the particular wrongs of the king himself , the queen , or their children . f. pray how could this be done , since the king may at this day dissolve the parliament whenever he pleases ? i. i grant it is so now ; but certainly it was otherwise when parliaments met of course at a certain place once a year without any summons from the king ; yet after that time , i find it in the ancient treatise , called the manner of holding parliaments : † that the parliament ought not to be dissolved whilst any petition or bill dependeth undiscussed , or at least whereto no determinate answer is given ; and that if he do , or permit the contrary , perjurus est , i. e. he is perjur'd : and even at this day the two houses may justly refuse the king any supply of money , whilst he refuse to redress their just grievances . f. this is more than i ever heard of before ; but pray proceed to tell me , what are the rest of the liberties and priviledges of an englishman ? i. in short , they are these ; not to be banisht the realm , or imprisoned , without just cause ; nor to be kept there only as a punishment , but in order to a legal trial ; not to be tried , condemned , or executed , without a lawful jury of his peers first passed upon him , ( unless in time of war , by martial-law ) ; lastly , no man is oblig'd to quarter soldiers without his own consent , and then paying for what they have . there are other less rights and priviledges , exprest in the petition of right , acknowledged and confirmed in parliament by king charles i. all which i omit ; but these being the chiefest that concern our lives , liberties and estates , were only insisted upon in my said charge . f. but pray , sir , tell me , as to the king , is he not the sole supream power in england ? i. no certainly ; for then he could make laws , and raise money without the peoples consent ; but every printed act of parliament will shew you where the supream power resides , wherein it is expresly recited in these words , be it therefore enacted by the king 's most excellent majesty , and by and with the advice and consent of the lords spiritual and temporal , and the commons of this realm , and the authority of the same ; or as i can shew you in several statutes of king henry the viiith . wherein it is recited thus , be it enacted by the assent and consent of our sovereign lord the king , and the lords spiritual and temporal , and the commons in this present parliament assembled , and by authority of the same ; whereby you may see , that not only the words assent and consent , but the word authority is referred , as well to all the three estates , as to the king. f. this , i confess , is plain enough , but what are the king 's chief prerogatives . i. i will tell you in as few words as i can ; his majesty's chief prerogatives ( for to enumerate them all would be endless ) are these , first , to call parliaments once a year , or oftner , and dissolve them if he pleases ; to give the last hand , or sanction to all laws for raising of taxes , and for the enacting all other things that his majesty , joining with the two houses of parliament , shall think fit to be enacted ; to appoint judges to try , condemn , and execute traytors , and all other malefactors for treason and other crimes ; and to grant pardons for those crimes , if his majesty shall think fit ( yet still according to his coronation oath ) ; to grant commissions to all other magistrates and officers , both civil and military , no arms being regularly to be rais'd but by his authority ; also by the advice of his privy-council , to issue proclamations according to law , and for the publick good for enforcing the observation of such laws , as shall be thought fit , in case those that are entrusted with the execution of them prove too remiss : lastly , to make war and peace , though the latter , as well as the former of these , were anciently very seldom made without the advice and consent of parliament . these are the chief prerogatives which i mentioned in my charge , tho' i grant there are divers others , tho' less material . f. but , pray sir , cannot the king by his prerogative do some things against the laws , and dispence with them in all cases which he himself may judge for the common good of the kingdom ? i. the king had anciently no power to dispence with statutes , with non obstantes ; and so it is solemnly declared in the kings bench in the th . of k. edward the d. * by all the justices as a rule in law , well known at that time , and i could tell you ( were it not too tedious ) how this prerogative of dispensations first began ; but even then the king could not dispence with any thing that was morally evil in it self , or with what was enacted by authority of parliament for the common good and safety of the whole people , or nation in general : and this is the true reason why the late king iames could not dispence with all statutes concerning the taking away the test , because the whole nation had an interest in them ; nor could he dispence with any act which conferred a particular . right or priviledge on a third person ; and lastly , he could not commonly dispence with any statute wherein there was a particular provision to prevent the king from granting charters with clauses of non-obstantes ; but now all dispensations with such statutes , are taken away by a particular clause in the late act of the rights and liberties of the subject † which you may see if you please ; and which i take to be no more than a solemn declaration of what was the ancient law of england , before non obstantes came up . f. i am very well satisfied in this ; but , pray sir , tell me the reason , why the king cannot , as the supreme executive power of the kingdom , exercise his royal prerogative , though it were to the prejudice of some particular persons ? i. i can give you a very good reason for this , because this would be contrary to that trust which was at first reposed in the king by the representative body of the nation when this limited monarchy was first instituted , and which that ancient treatise , called the mirror of iustices , * writ above four hundred years since , very well sets forth the common law of england as it stood before the conquest , as also the original of the government of this kingdom by one person , or monarch ; which he thus recites , that when forty princes ( that is , aldermen , or earls of counties ) did elect one king ( viz. egbert ) to reign over them , to maintain and defend their persons and goods in peace by rules of right ; they made him at first to swear , that he would maintain with all his power , the true christian faith , and would govern his people by right without any respect of persons ; and would also be obedient to suffer right ( i. e. justice ) as well as others of his people . by which it appears , that all the prerogatives of the crown are trusted in the king by law , for the good and preservation of his people , and not for the exercise of an arbitrary will , or power contrary thereunto . as also sir iohn fortescue , once lord chancellor to king henry the vith . in his treatise in praise of our english laws , has thus handsomely set forth , viz. that the king was made , or elected , for the safeguard of the law , the bodies and goods of his subjects ; and he hath this power derived from the people ; so that he cannot long govern them by any other power ; and he also gives us the reason why he cannot regularly dispence with acts of parliament ; because , says he , they are made by the general consent of the king , and the whole realm ; and if there be any thing in them that proves inconvenient , the king may quickly , or in a short time , call another parliament to amend it ; but not without that , as it certainly would if the king had an absolute and unlimited power of dispensing with all laws . so that you see the king is entrusted with his prerogative by law ( that is , by the consent of the people only for their benefit and preservation ) ; therefore if the judges , or any other inferior officer act contrary thereunto , though by the king 's express letters , or messages , they are forsworn , and may be punished for it ; and in this sence it is , that the king , whilst acting thus by his subordinate officers or ministers , is said to do no wrong , because they are liable to be questioned for it ; and if he acts otherwise by his own personal power , or commands , it is not as king of england , but as a private person ; so that if we will consider our own happiness , we englishmen are blest with such noble priviledges and liberties , that i think there is no nation in the world where all degrees and ranks of men may live more happily than we do : and as for the king , though it is true he hath not an absolute unlimited power of doing whatever he will , yet he hath sufficient to protect his subjects , and bountifully to reward those that serve him faithfully ; and whenever he undertakes any foreign war with the general consent and assistance of his people in parliament , he most commonly proves a terror to those who dare oppose him . f. i am very sensible of this happiness we enjoy ; and therefore when i think how miserably the poor country-men live in france and other countries , we of the yeomanry have all the reason in the world to venture our lives in the defence of our ancient constitution ; since if ever we should be reduced to an arbitrary government , either by a standing army at home , or a conquest from abroad , we can expect no better than wooden-shoes and canvass-breeches , and to drink nothing but water with the miserable french peasants ; and , i doubt , if things should once come to that pass , you country-gentlemen would be but in little better condition . but since the greatest part of your charge was to justifie the right of their present majesties to the throne , and that you insisted pretty long upon that head ; yet methoughts you were a little too short in telling us only that king iames ( who was once our lawful king ) could cease to be so ; for you seem to rest contented with the bare words of the convention's late vote , viz. that king iames having endeavoured to subvert the constitution of the kingdom , by breaking the original contract between the king and the people , and that having violated the fundamental laws , by withdrawing himself out of the kingdom , he had abdicated the government , and that the throne was thereby become vacant . so that tho you speak pretty largely of king iames's violations by raising of money without consent of parliament , and of exercising his dispensing power ; yet methoughts you seem chiefly to place this vacancy of the throne upon king iames's abdication , or desertion of it ; which , let me tell you , as plain a country fellow as i am , will not down with me ; for i can never believe the king would have deserted the government , if he thought he could have staid here with safety ; therefore , pray tell me your meaning of these hard words , constitution of the kingdom , original contract , and abdication of the throne . i. i was not willing to insist too long in the face of the country upon these nice points , which were not proper to be handled before an assembly of ordinary countrymen ; but since you have always appeared to me to be above the ordinary capacity of those of your rank , i will tell you what i conceive was the true sense of the convention in every one of those expressions : first for the constitution of the kingdom , which king iames went about to violate , i take that to be the government by king , lords and commons in parliament , which he endeavour'd to violate , by his taking away of charters from corporations , and doing his utmost to impose a parliament upon the nation , of such men as would not only take off the penal laws from papists , and all other dissenters , but who would also have confirmed to the king that arbitrary power of dispensing with what laws he pleased ; which would indeed have render'd parliaments wholely useless , and was as good as putting the whole legislative power into the sole person of the king. f. but the original contract puzzles us yet more than all the rest , and i heard parson-slave-all , at a neighbouring gentleman's house the other day , ask , whether the speaker of the convention had not the keeping of it under his cushion ? for he could never yet light upon it in any english history or law-book . i. pray tell that witty parson next time you meet him , that if he pleases to look over our histories and law-books , that in the very same leaf where the divine hereditary right of succession to the crown in a right line is established as an unalterable and fundamental law , in the very next clause he may find this original contract . but not to banter you , i will tell you my sense of this expression , which , in my opinion , signifies no more than that compact or bargain which was first entred into between king iames's ancestors or predecessors , ( and under whose title he enjoy'd the crown ) whereby they bound themselves by a solemn oath , when they took the crown upon them , at their coronation , to keep and maintain the laws of the realm , and to govern the people according to these rules of justice and mercy , that is in short , acting according to law. which oath , or the substance of it , having been constantly renewed every fresh succession to the crown , as soon as the king was capable of taking it , sufficiently declares , that as the king upon observing this compact , by governing according to law , had a right to his subjects allegiance ; so if he refused to act according to it , but would wilfully violate the ancient constitution of the kingdom , he thereby ceases to be king by law , and by destroying his own title to the crown , thereby also dissolves that bond of allegiance which before bound his subjects to him as well in duty as affection . f. but how can you prove that this contract was mutual , or that the king was to enjoy his crown only upon this condition , that he observe the fundamental laws of the kingdom ? since i have heard it positively asserted by those that are very well skilled in our laws , that the king is as much king before ever he is crowned , as afterwards ; and that he may chuse whether he will ever take any coronation oath or not . i. i will not now dispute that point with you ; but yet let me tell you , if a king should at this day refuse , to be crowned , because he had no mind to be tied by his coronation oath , i doubt whether the people , if they understood the force of that oath his predecessors have all along taken for so many successions , might not as well refuse to take him for their king , since he refused to hold the crown upon those conditions that his ancestors at first took it ; and so might look upon themselves as good as discharged of all oaths of fidelity to him , since those oaths were no doubt at first instituted on this mutual consideration , that both should observe their part , and not that one side should be loose , and the other fast ; but to shew you in the first place , that every coronation oath was in the saxon times , and long after the conquest , a renewal of this original contract may appear from these considerations : . that all the kings of the west saxons were elected , or at least confirmed by the great council or parliament * ; and i can shew you a particular law of a general synod or parliament of all england , wherein is particularly set down the laws or rules for the electing of their kings , as that they were not to be bastards , &c. and pursuant to this law of electing their kings , this great council † often preferred the younger brother before the elder , or the uncle before the nephew , when either greater merit , or the pressing necessities of the kingdom required it , which when once agreed upon by the bishops , and great men of the kingdom in the great council , after their election , and upon the day of their coronation , the archbishop of canterbury ( whose right it has always been to crown the king ) went to the king elect , and before ever he proceeded to the coronation , tender'd him a solemn oath * , whereby he was to swear three things : first , that god's church , and all the christian people of his kingdom should enjoy true peace and quiet . secondly , that he should forbid rapine , and all injustice to all sorts of men . thirdly , that he would command justice together with mercy in all judgments : and then ( and not till then ) was the crown set upon his head , and the scepter put into his hand by the archbishop ; and till this was done , the prince elect was not looked upon as king , nor had any right to the subjects allegiance . and thus stood this immemorial custom unaltered , not only during the saxon times , but long after the coming in of the normans ; for the first seven kings after william i. who till their coronations were never owned nor stiled kings until king edward i. who was elected ( or recognized ) for king , in a great convention of the estates , who then assembled of their own accord , when he was in the holy land , and they caused an oath of fealty to be taken to him two years before his arrival in england ; and though i grant since that time the crown hath been claimed as hereditary , yet has it rather been by vertue of those entails that have been successively made of it by express acts of parliament , and not from any fundamental law or constitution of the kingdom . this was the ancient form of electing and making our kings , the footsteps of which election still remain to later times , when the archbishop used to lead the king or queen to all parts of the scaffold , as at the several coronations of king edward vi. and queen elizabeth * : asked all the people standing below , whether they would have this person to be their king or queen ? f. i confess you tell me more of this matter than ever i knew before ; but yet i am still to seek , how this old coronation oath , exprest in so few words , should tie those princes to observe the laws of the kingdom , since it seems that by this oath , he was rather to govern according to equity , than law. i. that is , because you do not understand the legal force of those words contained in this oath ; for by the first branch of it , whereby god's church , and all christian people should enjoy true quiet , is meant not only that the clergy in particular should under him enjoy all their lawful rights and priviledges , but also all the other lay-members of christ's church should enjoy the free profession of the christian religion as by law establisht , without any molestation or disturbance . . by forbidding rapine and all injustice , is meant not only his hindring robberies , and all violent takings of his subjects goods , but also the illegal taking them by his own personal commands , or by his inferior officers or ministers . . by commanding justice together with mercy in all his judgments , is meant no more , than his not pardoning the guilty when condemned , and also not to condemn the innocent , or such whose particular circumstances might deserve mercy , and is no more than what was afterwards granted by magna charta , the sense of which is , that the king there promises neither to deny nor defer , nor yet to sell justice to any man ; which extends likewise as well to his great officers and judges , as himself , since they being the keepers of the king's oath and conscience , he is guilty of the like perjury , if he either connive , or is a wilful partaker or encourager of their injustice . and it was also declared for law by the judges , in the reign of king edward iii. that not only the king , but the prelates , nobles , governors , and justices , &c. of this realm , were tied by their oaths to maintain the ancient laws , franchises and customs of the kingdom of england . and also in a letter sent from the parliament in the th of edward i. to the pope * , the states of the kingdom do there declare , that since the premises required by the pope , were to the disherison of the crown , and subversion of the kingdom , and to the prejudice of the liberties , customs and laws of their country , and to whose observance and defence they were bound by the oaths they had taken , and which they would defend to the utmost of their power ; nor would permit even the king himself , although he would do it , to attempt the same . now pray tell me what greater assertion of a right of resistance in some cases , than this letter from the parliament , sent by the king 's own privity and consent . f. but you have not yet shewn me how the king , who is an hereditary monarch at this day , can be tied by the oath of his predecessors , since ( as your self cannot deny ) he is king before ever he is crowned . i. i will not deny , but the law is taken to be so at this day ; yet it is also as true , that from the beginning it was not so , as i have here sufficiently made out ; and yet for all this , i can prove , that tho the succession to the crown is now become hereditary , and so may alter the manner of acquiring it , ( and this for the avoiding of contests between competitors at elections ) yet notwithstanding this hereditary succession , it does no ways alter the conditions on which the crown was at first conferred , any more than if the office of lord high-constable , or earl-marshal of england , having been at first granted for life , and being afterwards by subsequent grants made hereditary , those that thus enjoyed them should have pretended that they were now no longer forfeitable for any male-administration , tho never so enormous . now , let us but apply the case of those great offices of trust to that of kingship , which is certainly an office of the highest trust , and then we may easily discover , that whether it be for life , or else entail'd to them , and their heirs , they are still obliged by the first contract of their ancestors , which is for memory sake still renewed at every king's reign ; so that tho the manner of their accession to the crown be alter'd from what it was at first , yet the conditions on which it was first taken , remain the same as long as the oath it self continues ; so being renewed at every king's reign . and hence it is , that our kings enjoy their crowns , be it for life or intail . now it is certain , that this solemn oath or contract which was taken by the first king , ought by law to be renewed at the beginning of every king's reign ; and hence it is , that our kings are not only bound by their own express oaths or contracts with their subjects , but also by the implied oaths or compacts of their predecessors under whose title they claim . and king iames i. was so sensible of this double contract , that he expresly mentions it in one of his speeches to . both houses of parliament , where he very well distinguishes between both those contracts , telling them , that a king in a setled kingdom binds himself by a double oath to the observation of the fundamental laws of his kingdom , tacitly as being a king [ that is claiming under his ancestors ] and so bound to protect them as well as the laws of his kingdom ; and expresly by his own oath at his coronation : so as every just king in a setled kingdom is bound to observe that paction or covenant made to his people by his laws , in forming his government agreable thereunto , according to that paction which god made to noah , &c. and then goes on to tell them , that therefore a king governing in a setled kingdom , leaves to be a king , and degenerates into a tyrant as soon as he leaves off to rule according to his laws . and then concludes , that all kings who are not tyrants , nor perjured , will be glad to bind themselves within the limits of their laws ; and they that perswade them otherwise , are the worst vipers and pests both against them , and the common-wealth . so that you see here by king iames's own concession , that there are not only fundamental laws , but an original contract ( which he there calls a paction or covenant ) to observe them from the time of the first king or monarch to this day , and that when he ceases to govern according to this compact ( which he here calls his laws ) he then becomes a tyrant . f. but i have heard some say , that william the first , after he had conquered england , distributed almost all the lands to his norman and french followers ; and that if there were any original contract ever entred into by the english saxon kings , it was quite void upon the conquerors obtaining the crown , and subduing all the people of this nation ; so that whatever liberties we now enjoy , they were but the gracious concessions of himself , and his successors , without any such original compact . i. i confess it is so alledged by some high flying gentlemen , who , if they could , would make us all slaves to the king 's absolute will ; but without any just grounds in my opinion , since every one of their suppositions are either false , or built upon rotten foundations . for in the first place , a : conquest in an unjust war ( as i have already proved ) can confer no right on the conqueror over a free people ; and if this war were never so just , yet could not he thereby have acquired any right over the whole kingdom , since the war was not made against the english nation , but harold only , who had usurped the crown contrary to right : so that king william could have no right to it without the people's consent in their great council or parliament , which most of the historians of those times say he obtained ; but indeed , king william ( whom you call the conqueror ) never claimed by that title , but by the donation or testament of king edward the confessor , and the consent or election of the people of england , as all his english-saxon predecessors had done before him ; nor did he give all , nor yet a third part of the lands of england to his norman followers , as you suppose ; or if he had , would it do the business for which it is urged , since his norman and french followers to whom he gave those lands , were never conquered , but were ( if any thing ) the conquerors of others , and from them most of our ancient english nobility and gentry are lineally descended , or else claim under their titles by purchases , mariages , &c. and so succeed to all their rights and priviledges . and at the worst , supposing king william to have in some cases governed arbritrarily , and like a conqueror over the english ; this was not so , till he was provoked to it by their frequent plots and conspiracies against him ; and yet even that was done contrary to his coronation-oath , which was the same that all the saxon kings had taken before , only with this addition , that he should govern as well his french as his english subjects by equal law or right * so that his wilful breach of this oath could not give him , or his successors any just right by the sword over the lives , estates , or liberties of any englishman , who had never fought against him , nor offended his laws . and tho i should grant that this king , and his son william rufus , governed his norman , as well as his english subjects very arbitrarily , and contrary to his own laws ; yet did his brother , king henry st , make both his english and norman subjects large amends by the great charter of their ancient liberties , which he granted immediately after his election to the crown by the chief bishops , lords , and free-men of the kingdom ; and upon which the great charter of england , renewed by king iohn , and afterwards confirmed by his son , henry the d , were founded , being but larger explanations thereof . f. i confess this is more than ever i knew before ; but what if a king of england ( as king iames lately did ) will cease to govern like a legal or limited king , and prove a tyrant by breaking this original compact , which his predecessors made with the people , does it therefore follow that he may be resisted if he does ? or can he ever cease to be king , or forfeit his royal dignity , if he acts never so tyrannically ? for sure if all resistance of his power be unlawful , as being so declared by several acts of parliament in king charles the second's reign , he can never cease to be king , except he will wilfully turn himself out of the throne . i. i am very well satisfied that those acts you mention were only made upon this supposition , that the king would never violate the fundamental laws of the kingdom , by which he became king , or go about to change the constitution of the government ; since that had been to give the king an irresistible power to make us all slaves whenever he pleased ; so that our religion , lives , and civil liberties , would lye not only at the king's mercy , but at the mercy of those ministers that govern him ; and therefore as it can never be supposed to have been the intent of that parliament to tye up themselves , and the whole people of this nation to the king on such hard terms ; nay , supposing that the parliament had done it , i do not think they had any right so to do , since they were intrusted by those that chose them , not to alter the fundamental constitution of the government , but to strengthen and confirm it ; so that if by this act of non-resistance the government might easily be altered , and the legislative power , as well as that of raising money , may be taken out of the power of the king , and the two houses , and should be put solely in the king's person , the whole frame of the government would not only be altered , but actually dissolved , and consequently resistance in this case would not be a crime , but a duty ; since parliaments were instituted for the maintenance of the king 's legal , and not tyrannical power , and for preserving the people in that share of the government , which by the fundamental constitutions of the kingdom belonged to them . f. but pray tell me , sir , is there any express law for this resistance ; for indeed i could never hear of any such ? and therefore , i doubt , that if those noblemen and gentlemen , who went in lately to help his present majesty , when prince of orange , had been taken prisoners , and himself defeated by the king's army ; but they would have all of them been guilty of high treason , by the statute of of edward the third ; and sure it would have been no good plea , to be allowed by the judges , that they took not up arms against the king of government , because the government was dissolved by the king 's exercising an arbitrary power . i. i would not argue with you what would have happened if the king had got the better , and either taken the prince of orange prisoner or driven him out of the kingdom ; for i never knew in all the histories i have read , but that a prince , who had the armed force of the nation on his side , could hang whom he pleased ; and will always find judges and jury-men enough ready to side with him in it , as we have found by many late examples . but this is no argument for the right or justice of such proceedings ; for we know king charles the first was tried and condemned by the pretended authority of the rump parliament , notwithstanding , his denying that they had any authority over him ; and though it be true there is no express act of parliament to tell us when the government is dissolved , and when , and in what case men may resist the king , or those commissioned by him ; yet does it not follow that no such thing can ever be lawfully done ; for it is sufficiently proved from the reason and necessity of the thing it self , though no express law or conditions be made for it ; which may be also observed in all moral or religious promises or contracts . thus if i promise , or swear to a man , never upon any account whatsoever to beat or kill him , this-is still so to be understood , that he does not go about to beat , or kill me ; for then my right of self-defence will take place , notwithstanding my oath : so when people are married , they mutually promise each other to live together till death do part , yet no man will say a man or woman commits a sin , or breaks this solemn promise , if the former , by reason of adultery in the wife , or the latter , by the extream cruelty or harshness of the husband , do separate from each other , and that perhaps for ever . but i shall now shew you that there is a resistance allowed even by the law it self in some cases , against those that have the king 's personal commission , as may appear by this instance . suppose an officer with a company of soldiers should under a colour of such a commission take upon them to keep possession of a house , contrary to law , do you not believe , but the sheriff may upon a legal process issued out thereupon , raise the posse comitatus , and restore the possession by force to the right owner , notwithstanding this commission ; and the reason is plain , because though the officer may have the king 's personal command for so doing , yet it is the sheriff alone who acts by a legal authority , and who alone can justifie the using of this force : now if any man should be killed in this action , no doubt but the officer and his soldiers , and not the sheriff , and the men that assisted him , would be found guilty of murther . f. i grant this may be so ; but is not this the true reason of it , because the sheriff acts by the king 's implyed authority , without which no man can lawfully take up arms ? but how can this be justified , in case arms were taken up upon supposition the government is dissolved , which is all one as to affirm , that the king is no longer king ? i. i allow that great part of what you say is true , but not all ; for in the first place it is plain , that there is a legal resistance of those commissions , though issued by the king , and which is justifiable by law , as appears by this instance ; which rule holds good as long as the laws can be permitted to have their due course : but what if the king will not permit that they shall , but will take part with this wicked officer and his soldiers , and maintain them in these violent actions , and either not let the law pass upon them , or if it does , should constantly pardon them as soon as they had committed any such violent illegal acts by his commands contrary to law ? can any man believe that such proceedings , if commonly practiced , would not quickly dissolve the government , and make such a king cease to be so , since he refused to govern and protect his subjects according to law , and his own coronation oath , which virtually contains those conditions on which he holds his crown ? for when there is no justice to be had in the kings courts , it then becomes a meer anarchy , wherein there can be nothing but rapine and confusion , and consequently puts men in a state of war. f. i have i know not what to say to this ; but can you shew me any express law for the king 's ceasing to be so , in case he thus leave off to protect his people , and govern them according the laws of the land ? i. yes that i can , for i can shew you a good old law of king edward the confessor , * which is also among those that were confirm'd by k. will. i. whereby it is expresly declared , that the king , who is god's lieutenant , is appointed to this end , that he defend his kingdom and people , and above all things reverence his holy church , and defend it from injuries , and take away wicked doers from it ; which unless he do , not so much as the name of king shall remain to him ; neo nomen regis in eo constabit , as it is in the latine ; which is likewise confirmed by bracton , † an ancient lawyer , who tells us , that it is the king's crown or authority to do justice and judgment , and to maintain peace , without which ( it follows ) that this crown or authority cannot consist , or be retained : so in another place he says , that it is not the king , where only will , and not law governs ; and in another place he gives this reason for it , because the king was elected to do iustice to all men . therefore when he thus abuses his power , and deviates from the main end of his creation , his authority ceases , or is at an end ; so that nothing seems plainer to me , than that all our ancient laws and lawyers have declared , that a king who willfully acts contrary to these known laws of the land , by turning tyrant , and by endeavouring to alter the ancient constitution , and by thus breaking his contract above-mentioned , looses or forfeits all his regal dignity and power . f. but , pray sir , how can this be , since our late statutes declare the king not to be subject to any coercive power of the two houses of parliament ? i. i grant the law to be so now ; but from the beginning it was not so ( as i said but now ) ; many of the saxon ▪ kings before the conquest , were deposed by the great council of the kingdom ; and since that time king edward and richard the iid . were solemnly deposed by authority of parliament ; and that proceedings against them were never expresly condemned or repealed by any subsequent statute that i know of ; but admit the law is not so now , does it not therefore follow , that because the king is not punishable , nor accountable to the parliament , that therefore he is wholly also irresistable , and can never fall from his royal dignity , let him behave himself as he will towards his people ? for sure it is one thing to be accountable , or punishable by the parliament as his superior , and another to be disobeyed and resisted by the whole nation , when it shall judge he has broken this original contract made by himself and his predecessors , in violating the fundamental laws and constitutions of the government , by vertue of which he became king ; since the former course of proceedings must be according to some law ▪ but for this there is no law now extant , but the contrary declared by several statutes ; whereas resistance in those cases i have now put upon a total breach of the original . contract , is not only justifiable from the very constitution of the government ; but also from the right of nature , viz. self-defence ; whereby , whoever violently assaults me in life , liberty , or estate , i am justified in defending my self against him ; for otherwise any right were wholely insignificant , if it might not be defended by force , when endeavoured by force to be taken away . f. but methinks this seems hard , and of evil consequence ? to take this power of judging the king's actions , whether legal or not , out of the parliament , and to place it in the diffusive body of the whole nation , whereby we of the high shoos would be made as capable of judging when this original ▪ contract is broken , as the best gentleman of you all ; which , the temper of the meaner and beggarly sort of people considered , seems very dangerous , since this would give them a right to rebel , and take arms whenever they had a mind to it , as i have read in our chronicles they did in richard the iid . and henry the vith . and henry the viith's time ; and as they did lately in plundering , pulling down , and burning popish gentlemen's houses , &c. i. you very much mistake me , for i do not put this power of judging any where , but where it ever was , much less to give a power of taking up arms , and raising rebellion to the mob , or most common sort of people ; but first to shew you , that every man in his several station , and at his peril , is to judge of the legality and illegality of the king's commissions , or proclamations : pray let me ask you this question , suppose that the king grants a commission to certain of us country gentlemen , to raise a tax contrary to law , are we obliged to obey it , or not ? f. no sure , you are not , because you should be punished , not only in parliament , but at common law , if you did . i. well then , it seems that we justices and deputy-lieutenants may judge in this case , but , pray tell me , suppose we should notwithstanding order this tax to be levied , and you were high-constable of the hundred , do you think your self obliged blindly to obey our orders , being so notoriously contrary to laws ? f. i think truly i should not , but should plainly tell your worships , that i was not obliged either by law or in conscience to have any hand in oppressing my self and my neighbours , and should desire you to put this ungrateful task upon some body else , since i thought my self liable to be called to account one time or other , if i did it . i. very well ; but if you and the other high-constable of the country should agree with us justices to raise this tax , do you think the petty-constables and assessors were obliged to act by this new commission contrary to law ? f. i do not think that if we high-constables should be such fools and knaves , the petty-constables and assessors were obliged to be so too . i. well then , you see that not only we gentlemen , but you yeomen can judge , ( nay , are obliged at your perils to do it ) when things are imposed upon you contrary to law ; nay , and to refuse to execute them too . f. i grant all this is true , but this is not resistance by force ; but i suppose you gentlemen would count it downright rebellion in us country-fellows , if you should tell us such a tax already imposed was according to law ; and we should be so far from paying it , as to raise the country , and fall upon you commissioners that went about to raise it by distraining or imprisoning the refusers . i. by your favour , neighbour , your very refusal to levy this tax is a civil resistance ; since all disobedience to the command of superiors is so , as proceeding from a right that those that disobey suppose they have of judging of the legality or illegality of such commands ; but as for forceable resistance , though i do not allow it to you , or any man else , as long as no force is used against them , yet so much let me tell you , that if we deputy-lieutenants and justices of the peace , should ever be so foolishly wicked as to take upon us to assist the king by the power of the trainbands , or a standing army , to levy any tax without act of parliament , or colour of law at least , but that not only you of this county , but of all the counties in england , might lawfully stand upon your defence , and resist this rapine and violence ; since if this were once permitted , it would in a moment alter the constitution of the government in a main fundamental point . the like i may say of any other matter of the same nature , if it should be imposed upon you by force , contrary to law , that is , contrary to , or without any act of parliament to warrant it . nor would this justify all the rebellions you mention to have been raised by the common people in those several kings reigns ; since those were raised upon levying of taxes imposed by the king and parliament , which is the sole supreme legislative power of the nation , where i grant it is rebellion to resist ; whereas that resistance , which i only now suppose to be lawful , is against the king's personal commands or commissions in opposition to known laws , which is not to resist the supreme power of the nation , but only the king's person , when he acts not as king , but as a private man. f. but , pray sir , is not this to separate the king 's personal , from his politick capacity , to suppose the man may be resisted , and not the king ; or the king 's personal , but not his legal commissions or commands ? for to do this , i have heard , has been declared to be treason ? i. this is also justifiable by law in some cases ; for if the king should happen to prove mad , ( as divers kings have ) pray do not his servants about him hold or tie the madman , and yet how can they do this , without binding the king ? and , pray tell me , what difference is there between madness , which is a natural disability and tyranny , which is a moral incapacity to govern ? since both are alike destructive to the common good of the nation . and when you suppose we may lawfully disobey the king's personal commands , what do we but then by disobeying the king , distinguish between the king 's politick and his personal capacity ; that is , when he acts legally as king , and when he issues out his commissions or commands , without any law to warrant him ? or else when the persons commissioned are made by law incapable of the king's commissions , as the popish officers lately were ? since otherwise we were all obliged to yield the same obedience to the one as well as to the other . nor is it at all harder , but much easier to judge , when such commissions or commands are attended with force and violence , and when they are not ; since certainly every plain country-fellow can much better tell , when a thing contrary to law , is put upon or exacted of him by force , than when it is only barely commanded or required of him by a commission or proclamation ; seeing the latter only reaches the understanding , but the former not only touches the understanding , but the outward senses of hearing , seeing and feeling ▪ to conclude , i would not have you therefore believe that i allow this general resistance to the whole nation , but only when by a general violation of our fundamental liberties , the whole constitution of the government comes to be in danger of an utter ruine and subversion , by breach of the original contract abovementioned : and that these violations and oppressions do some way or other concern the whole body of the people of this nation , that is , all orders and degrees of men , and then only ( and not till then ) i look upon such a general resistance of the king , and those commissioned by him to be lawful ; that is , when all other remedies are become absolutely desperate and impracticable , thro' the king's wilful obstinacy to amend such violations . f. i grant this seems very reasonable , but pray tell me what those grand violations are , that can thus alter the fundamental constitution of the government , and can make a total breach of this original contract ? i. they do , i conceive , consist but in a few points , and they are these . first , if the king should take upon him to make laws , either concerning religion , or civil matters , and to impose then upon the people without their consent in parliament . secondly , if he take upon him to dispense with all laws , and especially when his hands are tied up , by a particular clause to the contrary , that he shall not so dispense with them . thirdly , if he take upon him of his own head , without the advice or opinion of his judges , to raise money upon the nation : or , fourthly , if he corrupt the judges to give their opinions according to his humour , either by promising of rewards , or threatning them if they refuse ; and will put none into those places , who will not do whatever he commands them , or turns them out as soon as they act otherwise . fifthly , if he go about to alter the ancient constitution of parliaments , and bring the election of the members of the house of commons , only into the hands of those of his own party or opinion , whereby our liberty of electing and voting by our lawful representatives would be quite taken away . the like i may also say of the house of peers , if he should go by force either to exclude the bishops or temporal lords , who have a right of sitting there by prescription ; and should , under pretence of his prerogative , bring such as had no right to sit there at all . sixthly , and lastly , if he should go about commonly or generally , to take away the subjects lives , liberties or estates , by an arbitrary power , contrary to law , upon pretended crimes , and without such due trial as the law requires . now i think you cannot but acknowledge , that most ( if not all ) of these heads , are easily to be judged of by all the people of england , when they are come to that extremity that we can have no reason to doubt of it . f. but , pray sir , tell me who shall judge of these violations , or what number may be allowed to rise and redress them ? i. the judges are , i told you before , the whole body of the nation or people , every one in his private capacity ; that is , not the clergy alone , or the lords alone , or the * less nobility or gentry , and much less you yeomen , or landed men , and least of all the meer rabble or mob , but all men of all orders and conditions taken together ; and as for the number , it is any , though never so small , that are able to make a head till more can come into their assistance . f. but would not a free parliament be a much better judge of these violalations , than this general body of the people ? i. i grant it , if a parliament may be had that were free and unbiass'd ; but what if the king resolves not to call any ? or , if he does , will not give them leave to sit till they have redrest our grievances ? or , what if he will not call one , till he thinks he can make or pack it according to his own mind ? the nation may at this rate be enslaved as much , nay worse , by having the appearance of a parliament to confirm the king's arbitrary power , than if he had acted by none at all ; so that in these cafes there can be no other remedy left us , but an appeal to the general body of the people , with whom that original contract i mentioned was at first made ; not but that a free parliament or convention , when ever it can meet , may be of excellent use to examine what the people ( who thus take up arms ) have acted in defence of their just rights and liberties , and to judge and declare it to have been well or ill done , and upon what grounds ; and this hath been the course of all parliaments that have been called immediately after any great and general resistance or revolution , made upon the accounts abovementioned . this i could prove to you from several instances in divers kings reigns since the conquest , were it worth my pains ; but still in all those cases the first opposition hath been from the great body of the clergy , nobility and people together , as you may particularly read in the reign of king iohn , not long before the great council at runney mead. f. but , pray sir , can you also justify those lords and gentlemen who took up arms , and declared for the prince of orange ; and also those lords , together with the officers and soldiers , who deserted the king , and went into the prince's army ? pray , sir , did you look upon the government to be then actually dissolved when they went in to him , and that the king , by the breach of the original contract , was then no longer king ? i. i do not say so ; for though those violations , if obstinately persisted in without amendment , were enough to create such a dissolution , and consequently a forfeiture of the crown , as they wrought at the last ; yet the government can never be dissolved , so long as there remain any hopes that the king will amend those violations he has made , in a free parliament ; for the obtaining of which , as it was the chief cause of his highness's coming over , so was it also of those lords , gentlemen and officers going in to him , or declaring for him : and this , i think , they may very well justify both in honour and conscience . and though there be no express law for it , yet it is no more than what the nobility , gentry and people of other kingdoms as well as this , have many times done before in former ages , when their kings being misled and deluded by evil councellors or ministers of state , have made the like breaches upon their liberties . and though i confess such taking up of arms have not always met with the desired success , yet for the most part they have , and then such wicked judges and councellors have not failed to be punished , and those lords , gentlemen and others , who so nobly and stoutly stood up for the rights and liberties of the nation have been also pardoned by act of parliament , and that with the king 's own consent , when those wicked men were once removed ; but the king himselff was never touched , till by his own wilful and obstinate persisting in such violent courses , he let the nation see that he was wholely irreclaimable , and obstinately bent to destroy our liberties , and set up arbitrary government and tyranny in this kingdom , as i could shew you from several instances in the reigns of king iohn , henry iii. edward i. and richard ii. if it were necessary to give you a particular history of all those transactions ; so that i suppose a twofold right of resistance in the people , the one warranted by the laws and constitution of the government , which may well consist with our loyalty to the king , and to the intent only to obtain a free parliament , to redress grievances , and punish those evil councellors who have been the chief ministers and designers of arbitrary power , as in the case of king iames before his departure ; the other natural , when the government by the king 's wilful and obstinate refusal to redress such grievances , by ceasing to govern us according to law , he thereby also ceases to be king ; and then the commonwealth or civil society being without a head to execute common justice , was absolutely dissolved . f. what then is meant by these words in the late vote and declaration of the convention , viz. that king james having withdrawn himself out of the kingdom , hath abdicated the government ? do you believe that the king 's bare delertion of the kingdom , when he declared he could not help it should be looked upon as in abdication of the government . methinks that seems somewhat hard to conceive . i. to deal freely with you , i never understood the word abdicate in that sense , but only according to all the precedent clauses in this vote , viz. that the king , by endeavouring to break the original contract , between the king and his people , and by the advice of iesuits and wicked persons , having violated the fundamental laws , and having withdrawn himself out of this kingdom , hath abdicated the government . where you may observe that the word abdicated , relates to all the clauses aforegoing , as well as to his deserting the kingdom , or else they would have been wholely in vain ; so that the meaning of this word in this place is no more , than that king iames , by violating the original contract abovementioned , and by endeavouring to subvert the fundamental constitution , and by refusing to restore it to its former condition , ( all which was expressed by his withdrawing himself out of the kingdom ) hath abdicated the government ; that is , by refusing to govern us according to that law by which he held the crown , he hath implicitly renounced his title to it ; as when , for example , a tenant for life aliens in fee , though he take back from the grantee a lease for life or years , yet he thereby forfeits his estate , and the tenant in reversion may enter ; and the reason is , because he parts with that estate which he held by law , and will hold by another title which the law doth not allow ; for abdicare in the latin tongue , signifies no more than to renounce , or disclaim , as i could shew you from divers phrases in that language , were you a scholar good enough to understand them ; and this may be done by divers other means , besides express words : for if kingship be a trust for the preservation of the rights and liberties of the people , than such actings contrary to that trust as plainly strike at the very fundamentals of the constutution , are not only a breach of that trust , but a tacite renunciation of it also , which i prove thus ; the doing of any act that is utterly inconsistent with the being and end of the thing for which it is ordained , is as true a renouncing , or abdication of that thing , as if it were made in express words , as i have now proved in the case of tenant for life . f. i confess this is more than ever i heard before ; but , pray , what do you think was the reason that the convention made use of this hard word abdicate ; ( which i confess , to us country fellows , seem'd as bad as heathen greek ) when they might as well have made use of plain expressions , such as renounce or forfeit , which you have now made use of ? i. i will tell you , neighbour , my opinion of this matter , and if i am out you must pardon me ; because those wise men in the convention , who had the wording of this vote , were afraid that those plainer words you mention , would have been of too hard digestion to a great part of the country gentlemen , who had been bred up with different principles ; and therefore used the word abdicate , as that which though it implied both a renunciation , and also a forfeiture of the royal power , yet not being commonly so understood , made some men only to understand it of the king's desertion of the throne by his going away ; a notion , which because it served a present turn , mens heads were then very full of : but indeed if this desertion be closely examined , it will not do the business for which it is brought , as you have already very well observed . f. i confess i never understood the true sence of this word abdicate before , much less the reason why it was made use of ; therefore commend me to the honest bluntness of the scotch convention , which ( as i am informed ) did not stick to declare , that king iames by subverting the fundamental laws of that kingdom , had forfeited the crown : but , pray sir , tell me , what those acts , or violations of this original contract were , which you suppose to cause this tacit renunciation of the crown ? i. as for these i need not go far , since they are all plainly expressed in the convention's late declaration , as striking at the root , or very fundamental constitution of the government it self , viz. raising of money contrary to law , that is , without any act of parliament , as in the late levying of the customs , excise , and chimney-money upon cottages and ovens , contrary to the several statutes that conferred them on the crown . dly . his assuming a legislative power , by dispensing with all statutes for the protestant religion established by law ; whereby he at one blow took away above forty acts of parliament ; and he might at this rate as well have dispensed with the whole statute-book at once by one general declaration . dly . raising a standing army in time of peace , and putting in popish officers , contrary to the statute provided against it ; for these being but the king 's half subjects ( as king iames the st . called them in a speech ) might be looked upon when in arms , as no better than enemies to the state ; so that by thus arming our enemies , it was in effect a declaring war upon the people , since it was abusing the power of the militia , which is intrusted with the king for our safety and preservation in our religion , liberties and civil properties , and not for the destruction of them all , as we found by woful experience , must have inevitably befallen us . thly . the quartering of this standing army in private houses contrary to law , and the petition of right , acknowledged by the late king his father . thly . his erecting a new ecclesiastical court by commission , contrary to the statute that took away the high commission court. thly . and by the pretended authority of this court , suspending the bishop of london from his ecclesiastical jurisdiction , and turning out almost all the fellows and scholars of magdalen colledge , because they would not chuse a president uncapable of being elected by that colledge statutes . thly . by imprisoning the archbishop of canterbury and the six other bishops , only for presenting him with an humble petition not to impose the reading of his declaration of toleration , upon the clergy of the church of england , as being contrary to the known laws of the kingdom ; and then trying them for this as a high misdemeanor , though it was contrary to the opinion of two of the then judges of that court of kings-bench . there are also other things of lesser concernment , as packing of juries , and unjust and partial proceedings in tryals , with excessive fines and cruel whippings ; which because they were done by the lord chief justice iefferies , and the other judges , contrary to law , i leave them to answer for it ; whereas the instances i have now given , were in such grand violations , as were done by the king 's own personal orders and directions , or else could never have been done at all : so that by his willful acting these things , and obstinately refusing to let a free parliament sit to settle and redress them , but rather chusing to leave the realm , than he would give way to it , when he might have done it : i think , upon consideration of the whole matter , it will appear , that the convention had good and just reasons for declaring the throne vacant , since the king had not only broke his first declaration he made in council , to maintain the church of england as by law established , and the liberties and properties of his subjects ; but his own coronation-oath besides , if he took the same his predecessors did ; and if he did not , he ought not to receive any benefit by his own default , but is certainly bound by the oaths which his grandfather king iames , and his father king charles took before him . f. i confess these seem to be great breaches of the very fundamentals of our religion , liberties , and civil properties , if done by the king 's express order and directions ; and if that he afterwards refused to disclaim them , and suffer the authors to be punished in parliament , as they deserved , makes all those faults indeed fall upon the king himself , and consequently seem to amount to a forfeiture of the royal dignity , according to that law of edward the confessor , you have already cited , that if the king fail to protect the church , and defend his subjects from rapine and oppression ; the very name ( or title ) of king shall no more remain to him . but , pray sir , shew me in the next place , how the convention could justifie their voting the throne vacant ; for granting that king iames had implicitly abdicated , or renounced all his right to the crown by the actions you have but now recited : yet if this kingdom ( as i have always taken it to be ) is hereditary , and not elective , i cannot conceive how the throne can ever be vacant , that is , void of a lawful heir , or successor , as long as one of the blood-royal , either male or female , is left alive , since i have heard it laid down as a maxim in our law , that the king never dies . i. i grant this to be so upon all ordinary deaths or demises of a king or queen ( as the lawyers term it ) : but there are great and evident reasons why it could not be so upon this civil , though not natural , death of the king ; as first , the natural person of the late king being still alive , none can claim as heir to him whilst he lives , since it is a maxim , as well in our common as in the civil law , that no man can be heir to a person alive . f. i grant this may be so in ordinary estates of inheritance in fee-simple ; but i take it to be otherwise in estates tail ; for if a tenant in tail had become a monk whilst monasteries were in being in england , the next heir in tail might have entered upon the estate , because the entering into a religious order , was looked upon as a civil death : now i take the crown to be in the nature of such an estate-tail , where the heir claims not only as heir to the last king , but to their first or common ancestor , on whom the crown was entailed ; otherwise brothers or sisters by the half blood , could never succeed to each other , as queen mary did to king edward the vith . i. well , neighbour , i see you have either read littleton , or else been very well instructed in this law concerning entails , and therefore i will argue this point no farther with you ; but if the throne were not vacant , pray then tell me , whom think you the convention should have immediately declared king or queen , whether the titular , or pretended prince of wales , or the princess of orange ; since only one of these can claim as heir by vertue of the entail you now mentioned ? f. no doubt but the prince of wales would have been the right heir , could we have been assured of his being really born of the body of the queen ; but since ; i confess , there is a great doubt in most persons throughout the whole nation concerning it , i must so far agree with you , that he could not well be declared king till his legitimacy were cleared , and those just suspicions we lye under to the contrary , taken away ; but then on the other side , till this were done , i do not see how the convention could well justifie their placing the princess of orange , or any body else in the throne . i. we shall come to that by and by , but in the mean time , pray observe , that here was a great and general doubt , who was the next lawful heir , whether the prince of wales , or the princess of orange ; now in disputes of this nature , in all the hereditary , limited monarchies in europe , the states of the kingdom have always been the sole supream judges of such controversies ; and whom they have owned , and admitted as next heirs , have always been taken and owned for lawful kings , both at home and abroad ; as i could shew you from divers instances , not only in england , and scotland , but france , spain , and portugal : and till this were done , the throne must necessarily remain vacant , and all this without making the crown elective ; for what is this vacancy of the throne , but when through the ignorance of the ordinary subjects whom to place therein , by reason of divers claims of different competitors , none can be admitted to fill it , ( that is , to the exercise of the kingly office ) till these disputes could be decided by their proper judges , viz. the estates of the kingdom , which is all one , as to declare the throne to be vacant ? since it must necessarily be so , till they were fully satisfied who ought to fill it . f. i confess , what you have now said , carries a great deal of reason with it ; but how can you justifie the convention's placing their present majesties on the throne , without ever so much as examining whether the supposed prince of wales were really born of the body of the queen . or not ; which , in my opinion , ought to have been the first thing to be enquired after ; whereas i do not find that the convention , nor yet the present parliament , have taken any more notice of him , than if there had been no such thing in nature , as a son then born , or pretended to be born , during the marriage between the late king and queen . i. if the convention have done well in declaring the throne vacant , i think i can easily justifie their filling it with their present majesties ; and that upon two several considerations : the first is , that i suppose the prince of orange , by his victory over king iames , sufficiently declared by his flying from salisbury , and disbanding his army , and then quitting the kingdom , ( if he had done nothing else ) did thereby lose his right to the crown ; and so consequently to the peoples allegiance ; and the nation being then free , and without any king , who had a better right to be placed in the throne , than the prince of orange their deliverer ? and besides this , in respect of the nation , king iames ( as i have already proved ) having abdicated or forfeited his right to the crown , by his notorious breach of the contract above-mentioned , and by his wilful persisting in it ; i look upon the whole nation at his departure as fully discharged from all oaths of allegiance , not only to king iames , but to his heirs likewise ; and therefore were not obliged to look after this supposed prince , nor to examine his legitimacy as heir apparent to the crown . f. i cannot comprehend how this can consist with those acts of parliament of queen elizabeth , and king iames , which oblige all the subjects of this realm to take the oaths of supremacy and allegiance to the king or queen , and to their heirs and lawful successors ; and sure , i think , nothing less than an act of parliament can alter these former statutes and solemn declarations concerning the succession in a right line : and i suppose you will not say , that the convention ( who certainly were no parliament ) could without the authority of a lawful king and parliament , alter the ancient laws of succession , since i have heard it is a maxim in law , that nothing can be undone , but by the same power that made it ; and therefore , in my opinion , the convention was too quick in declaring their present majesties king and queen , before they had examined the prince of wales's title ; who was commonly reputed , and prayed for in all our churches , as heir apparent to the crown . i. i confess you have in few words urged all that can well be said against the late act of the convention , in declaring their present majesties king and queen : therefore in answer to this objection , give me leave in the first place to tell you , that you have been misinformed , that because the acts for the oaths of supremacy and allegiance , obliged us to take it to the late king , and his heirs and lawful successors ; that therefore no person can be such a lawful successor , unless he claim in a right line , by descent from the last king ; since long before these acts were made , by the ancient oath of fidelity at common law , and which used to be required in all court-leets , men were as much obliged to the king , his heirs and successors , as they can be by any of these later oaths , and yet no body then doubted , before those acts were made , to pay allegiance to that person whom the estates of the kingdom had solemnly declared to be lawful king or queen , without ever examining whether such kings , or queens , were really and truly next heirs by blood , or not ; as i can shew you from divers examples , had i now time for it . and there is indeed great reason for their so doing ; for since all disputes about the right of succession to the crown , must be decided by some proper judges ; or else be left wholly to the decision of the sword ; and since ( as i said but now ) in all the limited kingdoms of europe , the estates of such kingdoms have been always appeal'd to by all the contending parties as their only proper judges of their disputed titles ; it is but reason , that all private subjects should submit and acquiesce in their final judgments ; since they are all virtually represented in such assemblies , as the representative body of the whole people , or nation : therefore , if the convention of the estates of england , have for divers weighty reasons , thought fit to declare their present majesties lawful king and queen , and to place them on the throne , as then vacant by king iames's abdication , i think all the subjects of this kingdom are bound to bear true allegiance to them , and to confirm it by the oath appointed for that end , whenever they shall be lawfully required thereunto . f. well , sir , but is not this to alter one part of the original contract , which those that are against the present settlement , suppose to be the right of hereditary succession to the crown , and that in a right line : so that if the supposed prince of wales be lawful heir to king iames , to place any body else therein , seems to render the crown for the future not successive , but elective ; for if it may be bestowed now according to the humor of the present convention , it may be done so again the next succession , and so the right heirs put by from time to time , for the same , or some like reason as now . i. that does not at all follow ; for if you will allow that the throne was vacant by the abdication of king iames , and that her present majesty queen mary is lawful heir , if the pretended prince of wales were away ; i will prove to you , that the late convention and present parliament , have done all they could or were obliged to do in this juncture , in placing their present majesties on the throne , and recognizing their title , without taking any notice of this pretended prince ; of whose birth , whether true or false , i shall not now say any thing one way or other ; nor shall trouble my self to inquire into the validity of those suspitions that may render his birth doubtful to the generality of the nation : and therefore in the first place , i desire you only to take notice , that this child was carried away by his mother , when he was scarce yet six months old ; dly , that the midwife and all the chief witnesses , who could swear any thing concerning the queen's being really with child , and brought to bed of him , were likewise conveyed at the same time into france . f. i grant it ; but what do you infer from hence . i. why , only these two conclusions : st . that neither the convention nor parliament are obliged to take notice of the rights of any person , tho' heir to the crown , that is out of the dominions of england , if he be no necessary part , or member of parliament ; if neither himself , nor any body for him , will put in his claim to the crown , upon the demise of the king , either by death , or abdication ; as in the case now before us , there being then a claim made in the late convention by his highness the prince of orange on the behalf of his consort the princess , as heir apparent to the crown : the convention were not obliged to look any farther after this supposed prince , or to know what was become of him ; whether he was drowned , or taken at sea by pyrates , or he being dead , another put in his place , or carried by his mother into france : since any of these might have happen'd for ought they knew , no body appearing to put in any claim for him , or to desire that his cause might first be heard , before he was excluded . dly , that if such claim had been made by any body for him , yet the convention could by no means be obliged to do more than lay in their power , or to hear , or examine the validity of this child's birth ; unless the midwife , nurses , and others , who were privy to all the transactions concerning it , were likewise present , and sent back to give their testimonies in this case ; for if the convention had proceeded to examine this matter without sufficient evidence , they could only have heard it ex parie , on but one side , and so might have sat long enough , before they could have come to any true decision in this matter ; whilst in the mean time , the whole nation for want of a king , were in danger of utter ruin and confusion . f. but , pray sir , why could not the parliament have sent over summons to those witnesses ( which they say are no further off than france ) to come and give testimony in this great cause , before they had proceeded to have declared the prince and princess of orange king and queen ? i. there may be several good reasons given for it : first , because this child being carried into the dominions of a prince who is a declared enemy of our religion , and civil interest of the english nation , he would never have consented to his being sent over to be viewed by those that the convention should appoint for that purpose ; without which inspection , the nation could never have been morally assured that this was the same child that was carried away ; since every one knows , that infants of that age are not easily distinguisht one from another , but by those that have been about them from the very time of their birth . secondly , because his reputed parents counting themselves already injured by the convention , in declaring that the king had abdicated the government , and that the throne was thereby become vacant , would never have obeyed any summons the convention should have sent over , because they looked upon them not to have any authority at all , as not being summon'd , nor sitting by vertue of that king's writs . thirdly , admitting that the french king would have permitted this supposed prince to have been sent back , and that king iames and his queen would have obeyed this summons , yet was it not for the safety of the nation to stay for or rely upon it ; since before this question could have been decided , great part of this year had slipt away , and we being left without a king to head us , nor any parliament sitting , able to raise money ( which cannot be legally done , without the king's authority in parliament ) the french king might , whilst we were thus quarrelling amongst our selves about a successor to the crown , have sent over king iames with a great fleet , and an army of old soldiers , and so have placed him again in the throne , more absolute than ever he was before ; since besides that legal right of succession , ( which i grant he , once had ) he might also have set up a new right by conquest , over this kingdom . so that all things being seriously considered , since the safety of the people ought to be the supream law , as ever hath been agreed as an undoubted principle by all wise nations , i think we have done all that could well be done , in this case ; nor have broken the hereditary succession , in declaring king william and queen mary to be our lawful king and queen ; since if she were lawful queen , they might also declare him to be king , and make it treason to conspire against him as well as the parliament could do in the case of prince philip of spain , who was * declared king joyntly with queen mary , tho' he had no other right , but by act of parliament : so that if the late convention have declared , that the administration of the government should remain solely in ▪ king william during his life ; this was only to put it out of all dispute , that none might at all doubt in whom the supream power lay , since it will not admit of any division . f. all this seems reasonable enough ; but pray how comes it to pass , that king william is to enjoy the crown , not only during the queens life , but his own also ? this i heard squire high-church , and the parson i last mentioned , cry out upon , not only as a horrid breach of the hereditary succession , but also as a great wrong to the princess of denmark , and her heirs , were the supposed prince of wales now dead , since it is directly contrary to the act of recognition of king iames i. whereby the parliament do not only declare him to be lawful and lineal heir of the crown , as descended from the eldest daughter of king edward iv. but also they do thereby engage themselves , and their posterity ; to yield obedience to king iames , and his right heirs . i. pray satisfie those gentlemen when you meet them , that if they once will grant that the late king iames could abdicate the crown without his own express consent , and that declaring this supposed prince to be king was altogether unpracticable and unsafe for the nation , ( as i have already proved ) i think they need not be concerned , whether his present majesty enjoys the crown for life , or not ; as long as it is for the peace and safety of the nation that it should be so ; since it was for those ends alone that king iames was set aside , and the supposed prince past by , without so much as enquiring into his legitimacy . if the convention had lawful authority to decide the greater points , they had certainly after they became a parliament much more authority to decide and settle the less material parts of this controversie , viz. the settlement of the crown after the queens decease ; since it is no more than what all former parliaments have done in like cases : thus henry the iv. and henry the vii . were , formally declared , ( nay the latter recognized ) for lawful kings by authority of parliament ; notwithstanding the lineal heirs by blood were then alive and in being ; and not only so , but before ever henry the vii . married with the princess elizabeth , daughter to king edward the iv. the crown was settled upon him , and the heirs of his body , by an act which you may find in print in our statute-books : tho' he had no right at all by succession , since his mother the countess of richmond , from whom all the right he could pretend to the crown was derived , was then alive , nor had made any cession of it to him . so that if this be true ( which i am able to prove ) that an hereditary succession in a right line , was never any fundamental law of this kingdom . and , secondly , that after the crown came to be claimed by an hereditary right , which was no older than edward the ist's time , the parliament have , often taken upon them to break in upon this hereditary succession , whenever the safety and necessity of the kingdom required it . and , thirdly , that all those kings who have thus succeeded without this lineal right of succession , have been not only , during their own reigns , owned for true and legal kings ; attainders ( of treason , holding good against all persons that conspired against them ) but also after their reigns were ended ; for we see all such acts of parliament made under them stand good at this day , unless it were those that were repealed by subsequent parliaments : and can there then be any question made , but that the present parliament have as much power to settle the crown upon his present majesty for life , as they had to settle it upon king henry the iv. or henry the vii . and the heirs of their bodies ? since those princes could not deserve more from the nation , in freeing it from the tyranny of the two richards , the ii. and iii. than his present majesty hath done by freeing us from the arbitrary power of king iames. and let me tell you farther , that the gentlemen you mention were mistaken in their repetition of that act of recognition of king iames the ist's title ; for though it is true they acknowledged him for undoubted lineal heir of the crown , yet they do no where in that act tie or oblige themselves and their posterity to him , and his right heirs , by that act of parliament ; but only in general , that they promise obedience and loyalty to that king , and his royal progeny ; and sure none will deny their present majesties to be the true progeny of king iames the ist. f. i grant this seems very reasonable ; but those gentlemen i now mentioned also said , that henry the iv. was in the reign of king edward the iv. declared an usurper by act of parliament ; and as for henry the seventh , he had either a title from the house of lancaster by the tacite concession of his mother , or else from that of york by the like tacite concession of the princess elizabeth his wife ; or else if there were no such concession , he was an usurper till he had married the said princess , she being heiress of the crown . pray what say you , sir , to this ? i. pray tell those gentlemen from me , that they are quite out in their suppositions ; for if an act of parliament of edward the fourth , be of sufficient authority to prove henry the fourth an usurper , i can give you another act of parliament ( though not printed ) which reverses the attainder of king henry the sixth , margaret his queen , and prince edward their son ; wherein it is expresly declared , * that king henry the sixth was contrary to all allegiance and due order , attainted of high treason in the first year of king edward the fourth ; wherefore it is by the advice and assent of the lords spiritual and temporal , assembled in parliament , enacted , that all acts of attainder , forfeiture , and disablement , made in the said parliament against the said blessed prince king henry , are made void , annulled and repealed . so that if the attainder of henry the sixth was against all due order and allegiance , then certainly the said king must have been a lawful king , and not an usurper at the time of his death ; and if he were not so , then certainly the like must be affirmed of henry the fourth , from whom he was descended , and under whom he claimed : and as for henry the seventh , there was no formal cession of their right ever given by the countess his mother , or the princess his wife , either before , or after his coming to the crown : and as for a tacite and implied cession , expressed by saying nothing against it , pray tell me why we may not as well suppose a like tacite consent in the princess of denmark's not making any opposition or protestation against this act , whereby the crown was settled upon his majesty during his life , but rather agreeing to it ? for i have heard that several of her servants in both houses , did declare , that the princess did not design that her future right should be any hindrance to the present settlement . pray therefore tell me , why may not king william hold the crown after the death of the queen ( if she should happen first to die ) without any usurpation , as well as king henry the seventh held it after the death of his queen , notwithstanding his two sons , prince arthur and henry both lived to be married before their father died ; and henry the eighth was then in his nineteenth or twentieth year of his age ; old enough of conscience to govern himself ? f. i confess these things were altogether unknown to me before , as they are i believe to most of my condition ; and i give your worship many thanks for your kind information . but , pray sir , resolve me one question more , and i have done ; do you think a man may lawfully take the new oath of allegiance to their present majesties , notwithstanding king iames is still alive ? and do you think i could justifie it ( in law ) should i be called to an account for it , if he should again by some unexpected means or other obtain the throne ? i. well , neighbour , to satisfie you as to the first of your questions , i answer thus ; i doubt not but you may lawfully take this oath , since the parliament have done no more in thus setling the crown , than what many former parliaments have done before in like cases ; whose proceedings have been still looked upon as good , and held unquestioned unto this day ; as appears by the president of henry the viith . i now gave you ; and upon which declarations of parliament ( who are the only proper judges , who have most right to the crown , in case of any dispute about it ) the people of this kingdom have still thought themselves sufficiently obliged to take such oaths of fidelity and allegiance , as the government thought fit to frame , and require of them according to law. but , i confess , the latter of your questions is somewhat harder to be answered , because it depends upon a matter that is farther remote , since we cannot tell whether if ( ever at all ) king iames should re-obtain the throne , by what means it may happen ; for if it should be by the force either of the irish , or french nations , i doubt not but we should be all made mere slaves and vassals , without any law or setled property , but his own will : but if it should be by any agreement or composition with him upon his engagement to govern according to law ; the● le● me tell you , not only your self but every other subject that takes this oath , will have a good plea in law for taking it , by the statute of the th . of henry the viith . * whereby it is expresly enacted ; that every subject , by the duty of his allegiance , is bound to serve and assist his prince and sovereign lord at all seasons , when need shall require ; and then follows an act of indemnity for all those that shall personally serve the king , for the time being , in his wars : which were altogether unreasonable , if allegiance had not been due before to such a king as their sovereign lord , mentioned in the preamble ; and if allegiance were due to him , then certainly an oath may lawfully be taken to observe it ; since it is no more than what the law hath ever required from subjects to such a king , not only by this statute , but at common law too , as appears by my lord cookes comment on the statute of edward the iiid . where he asserts not only from the authority of this statute , but also from the old year-books , that a king de facto , or for the time being , is our lord the king , intended in that statute ; and that the other , who hath a right and is out of possession , is not within this act. so that , you see , according to this act of henry the viith . as also by the judgment of the best lawyers of england , whatever person is once solemnly crowned king of england , and hath been so recognized by authority of pariiament ( as their present majesties have now been ) are , and ever have been esteemed lawful and rightful kings or queens , though they had no hereditary right of succession as next of blood , as i have proved to you from the instance of king henry the th . and th . and could do also by the examples of queen mary , or queen elizabeth , ( take which you please ) since they could not both of them succeed as the legitimate daughters and heirs of king henry the eighth : so that it is plain , one or other of these queens had no better than a parliamentary title to the crown : therefore , upon the whole matter , whether their present majesties are heirs to the crown by lineal descent , is not the question ; but whether by the law of england they are not to all intents and purposes lawful and rightful king and queen ; so that an oath of allegiance may be lawfully taken to them , and all men obliged to serve them in all their wars and other affairs , even against king iames himself ; since we cannot serve two masters , that is , owe allegiance to two kings at once . f. i cannot deny but what you say seems not only very reasonable , but also according to law ; but i heard the squire and the parson we but now mentioned , positively assert , that the king and parliament had no power to alter the succession to thē crown , though they would ; and that therefore this statute of henry the seventh , you now mentioned , which indemnifies all those that take up arms in defence of the king for the time being , is void : first , because made by an usurper who had no right to make such a law in prejudice of the true king , or the next heirs of the crown ; but also because ( as they said ) it was but a temporary act , and was to last no longer than during his life ; and lastly , because this statute hath never been allowed , or held for good in any cases of assisting usurpers , since that time ; for the duke of northumberland was arraigned and executed for treason , in the time of queen mary , because he had assisted and taken up arms on behalf of the lady iane gray , who was proclaimed queen , and reign'd as such for about a fortnight ; and yet , tho the duke pleaded afterwards that he had acted nothing but by order of the queen and council for the time being ; yet this plea was over-ruled by the peers , who were his judges , and he was executed notwithstanding . lastly , they said , that this statute was implicitly , or by consequence repealed by those statutes of queen elizabeth and king iemes , which appoint the oaths of allegiance to be only taken to the king , his heirs , and lawful successors ; besides a statute of the th . of king henry the eighth , by which it is made treason in any of those on whom he had setled the crown , or should bequeath it by his last will , to usurp upon the right of each other ; which could never have been , if the king or queen for the time being must have been assisted and obey'd by all the subjects of this realm , as if they were rightfully so ; and therefore they concluded , that this statute of henry the seventh could make no alteration in the ancient law concerning the succession , but that it stands still as it did before that statute was made , and as it was declared in the case of edward the fourth , by which it was affirmed , that the henries , the fourth fifth , and sixth , were kings only in deed , and not of right , and but pretended kings , and that the statute which setled the crown upon henry the fourth and his issue , was absolutely void , against the duke of york and his heirs . i. if this be all they had to say , i doubt not but to answer it well enough ; and therefore as to their first objection , which would make this statute of henry the viith . void , because made by an usurper ; methinks they might have been so civil as to have allowed him to be lawful king in right of his wife at least ; this statute being made during the time of his marriage with the princess elizabeth , but indeed nothing more betrays these gentlemens ignorance in our laws ; since if they will but look on any ordinary statute book , they will find that the statutes of those kings they look upon as usurpers , are of as much force at this day , as those enacted by princes in a right line , unless it were such as have been since repeal'd by some subsequent statutes . dly . their objection of its being a temporary law , only during that king's life , is also as vain , since the statute it self mentions no such thing ; but speaks of the king for the time being , in all succeeding times , without any mention of king henry the viith . in particular . dly . that the judges have lookt upon it as a void law , or else repeal'd it also as false ; for the case of the duke of northumberland , does not prove it to be so ; for though the duke did not , as we can ever find , plead this statute at his trial , yet i think if he had , it would not have helpt him , since the king or queen , for the time , being within this statute , i only take to be he or she that have been solemnly crowned and recognized by a free parliament ; or such a one on whom the crown is entail'd by statute ; which it never was on the lady iane , on whom the crown was only bestow'd by king edward the vith's letters-patents , and consequently had no title by act of parliament . and lastly , that this statute of th of henry viith . was never repeal'd by any subsequent act , is likely as certain ; for i never heard before , that any act of parliament could ever be repeal'd by implication , but only by express words : but indeed , none of those statutes you mention have done it so much as by implication ; for though the oaths of allegiance , and supremacy are to be taken to the king or queen , and their heirs , and lawful successors ; yet who those heirs or lawful successors shall be , can only be known by some law or other ; now who can declare what this law is , or shall be , but the king and parliament the sole supream legislators ? and that this is law at this day , appears by this undeniable authority , that it is by the statute of the th of elizabeth , declared to be treason , during the life of the queen , for any person to affirm that the queen and parliament had not power to make laws , to limit , and bind , and govern the succession of the crown , in possession , remainder , or reversion ; ( and to shew you that this statute is still in force ) every person so holding , or affirming after the said queen's decease , shall forfeit all their lands , and goods . but as for the statute of henry the viiith . that will help them least of all ; for it appears by the statute it self , that the treason thereby enacted , could only arise from thence , and extend no farther than the persons therein mention'd ; nor is the succession of the crown in a right line setled or confirmed by this statute , but the clear contrary ; since king henry had power by this statute to bequeath the crown by his last will and testament , under his seal and sign manual ; which he afterwards actually took upon him to do ; so that the law still continues as it did before that act of edward the ivth . you now mentioned was made , since it is declared by that unprinted act of henry the viith . i have now cited , that king henry the vith . was unjustly deposed , and his attainder reversed , and consequently his right to the crown is thereby declared to be good and valid to all intents and purposes . f. i confess you have throughly convinced me in this matter , and i think it highly reasonable that it should be so ; for how can we ordinary subjects know to whom to pay our allegiance , in cases of any disputes that may arise about the different titles of princes to the crown , without appealing to some proper judges of it ; and who can these judges be , but the great council of the nation , in which every person thereof is either personally present , or vertually represented ? and if this were the effect of your late charge at our sessions , i wonder any persons should be so malicious as to misrepresent you for a commonwealths-man ; but pray tell me what i shall say to those gentlemen if i happen to come again into their company ? i. pray assure them from me , that i am no more a commonwealths-man , than themselves , and am not only for keeping up and defending the original constitution of king , lords , and commons , and the rights and liberties of the people ; but am also for an hereditary monarchy by lineal descent , by all those lawful means by which our ancestors have maintained them , and that in all cases ; except where the exigency of our affairs , and the necessity of providing for the publick peace and safety of the commonwealth , have not obliged the estates of the kingdom several times to take a different course when it could not be avoided without inevitable ruin ; and , i suppose , the same estates have still , by the very constitution , the same power and right of providing for the peace and safety of the nation , and the preservation of our religion , liberties , and properties , as ever they had in all precedent times : so that granting the most that can be said , that the convention have now exercised that ancient power , in placing their present majesties on the throne ; yet this would be no more an argument for our making a common course of it upon every succession to the crown , than it would be for you when you were a travelling upon the road to break into any bodies ground you pleased , because you may have been forced when the way has proved unpassable , either through water or dirt , to leap a ditch ( perhaps for safeguard of your life ) into a neighbour's enclosure . f. sir , i am so well satisfied with what your worship hath now said in these grand points , that , with your good leave , i shall not fail , not only to vindicate your person from those aspersions , but also to maintain the lawfulness of our present settlement upon the same principle you have now laid down ; since i know of none that seem to me more agreeable to right reason , and the laws and constitution of this kingdom ; and therefore i hope you will always believe me to be your honest neighbour and humble servant , and so i take my leave of your worship . i. neighbour , i am yours , and bid you heartily farewel . finis . books sold by richard baldwin . the works of f. rabelais , m d. in five books ; or the lives , heroick deeds and sayings of the good gargantua and pantagruel , and his voyage to the oracle of the bottle . as also his historical letters . to which is added , the author's life , and explanatory remarks . by mr. motteux . never before printed in english. bibliotheca politica : or an enquiry into the ancient constitution of the english government ; with respect both to the just extent of regal power , and to the rights and liberties of the subject . wherein all the chief arguments , as well against as for the late revolution , are impartially represented and considered . in xiii . dialogues . collected out of the best authors both ancient and modern . to which is added , an alphabetical index to the whole work. the remarkable sayings , apothegms and maxims of the eastern nations , abstracted and translated out of their books written in the arabian , persian , and turkish language , with remarks : by monsieur galland , who lived many years in those countries . translated from the paris edition , into english twelves , printed for richard baldwin , near the oxford-arms in warwick-lane . the world bewitch'd , ( is now publish'd ) containing an examination of the common opinions concerning spirits , their nature , power , administration , and operations ; as also the effects men are able to produce by their communication . divided into four parts . by belthazer bekker . d. d. and pastor at amsterdam . vol. i. translated from a french copy , approved of , and subscribed-by the author 's own hand . a new and easie method to understand the roman history . with an exact chronology of the reign of the emperors ; an account of the most eminent authors , when they flourish'd ; and an abridgment of the roman antiquities and customs . by way of dialogue , for the use of the duke of burgundy . done out of french , with very large additions and amendments , by mr. tho. brown. a collection of speeches of the right honourable henry late earl of warrington , viz. i his speech upon his being sworn mayor of chester , in november . ii. his speech to the grand jury at chester , april . . iii. his charge to the grand jury at the quarter-sessions held for the county of chester , on the th . of october , . iv. his charge to the grand jury at the quarter-sessions held for the county of chester , on the th . of april , . letters of state , written by mr. iohn milton , to most of the sovereign princes and republicks of europe . from the year . till the year . to which is added , an account of his life . together with several of his poems ; and a catalogue of his works , never before printed . mathematical magick : or the wonders that may be performed by mechanical geometry . in two books . concerning mechanical powers , motions . being one of the most easie , pleasant , useful , ( and yet most neglected ) part of mathematicks , not before treated of in this language . mercury ; or the secret and swift messenger shewing how a man may with privacy and speed communicate his thoughts to a friend at any distance . the second edition . by the right reverend father in god , iohn wilkins , late lord bishop of chester . printed for rich. baldwin , where are to be had , the world in the moon . england's interest ; or , a discipline for seamen : wherein is proposed , a sure method for raising qualified seamen for the well manning their majesties fleet on all occasions . also a method whereby seamen will be obliged mutually to relieve each other on board the men of war yearly , or thereabout ; except where any seaman by his own voluntary consent shall be willing to stay longer . likewise is shewed the advantages which by these methods will accrue to the nation in general , and in particular to the merchants and seamen : for hereby the wages now given in merchant-ships will be brought lower , and every seaman will have the liberty of chusing his own commander , after the first year , and continuing with him , if he so likes . by captain george st. lo. an answer to a paper written by count d'avaux , the french king's ambassador in sueden , concerning the proposals of peace made by france to the confederates . an essay concerning obedience to the supream powers , and the duty of subjects in all revolutions . with some considerations touching the present juncture of affairs . an essay concerning the laws of nations , and the rights of sovereigns . with an account of what was said at the council-board by the civilians upon the question . whether their majesties subjects taken at sea acting by the late king's commission might not be looked on as pirates ? with reflections upon the arguments of sir t. p. and dr. ol. both by matth. tyndal , doctor of laws . the second edition . the antiquity and justice of an oath of abjuration . in answer to a treatise , entituled , the case of an oath of abjuration considered . a sermon preached before the right honourable the lord-mayor , and the court of aldermen of the city of london , at st. mary-le-bow , on the th of may , . by iohn trenchard , m. a recto of wrexhall in the county of somerset , and chaplain to the right honourable the earl of manchester . a poem on the late promotions of several eminent persons in church and state. by n. nate , servant to their majesties . the doctrine of the holy trinity placed in its due light , by an answer to a late book , entituled , animadversions upon dr. sherlock's book , &c. also the doctrine of the incarnation of our lord asserted and explained . liturgia tigurina : or , the book of common-prayer and administration of the sacraments , and other ecclesiastical rites and ceremonies , usually practised , and solemnly performed in all the churches and chappels of the city and canton of zurick in switzerland , &c. the tragedies of the last age , consider'd and examin'd by the practice of the ancients , and by the common sense of all ages ; in a letter to fleetwood shepherd , esq part i. the second edition . a short view of tragedy ; its original , excellency , and corruption ; with some reflections on shakespear and other practitioners for the stage . both by mr. rimer , servant to their majesties . a new , plain , short , and compleat french and english grammar ; whereby the learner may attain in few months to speak and write french correctly , as they do now in the court of france ; and wherein all that is dark , superfluous , and deficient in other grammars , is plain , short , and methodically supplied . also very useful to strangers that are desirous to learn the english tongue ; for whose sake is added a short , but very exact english grammar . the third edition , with additions . by peter berault . truth brought to light ; or the history of the first years of king iames i. in four parts , &c. travels into divers parts of europe and asia , undertaken by the french king's order , to discover a new way by land into china ; containing many curious remarks in natural philosophy , geography , hydrography , and history . together with a description of great tartary , and of the different people who inhabit there . done out of french. to which is added a supplement extracted from hakluyt and purchas , giving an account of several journeys over land from russia , persia , and the mogul's country , to china , together with the roads and distances of the places . saul at endor ; or the ghost of the marquess de louvois consulted by the french king , concerning the present affairs . done out of french. an answer to the late king iames's declaration , dated at st. germains , april the th . s. n. . licensed by mr. secretary trenchard . reflections upon two pamphlets lately published ; one called , a letter from monsieur de cross , concerning the memoirs of christendom ; and the other , an answer to that letter ; pretended to have been written by the author of the said memoirs . by a lover of truth . a true and exact account of the retaking a ship called , the friends adventure of topsham , from the french , after she had been taken six days , and they were upon the coasts of france with it four days ; where one englishman and a boy set upon seven frenchmen , killed two of them , took the other five prisoners , and brought the ship and them safe to england , &c. a project of a descent upon france . by a person of quality . a compendious history of the taxes of france , and of the oppressive methods of raising of them . an impartial enquiry into the advantages and losses that england hath received since the beginning of this present war with france . the gentleman's journal : or the monthly miscellany . in a letter to a gentleman in the country . consisting of news , history , philosophy , poetry , musick , translations , &c. sold by r. baldwin , where are to be had compleat sets for the two last years , or single ones for every month. nevil pain 's letter , and some other letters that concern the subject of his letter . with short notes on them , for the clearer information of the members of parliament , in order to nevil pain 's trial. a true relation of the wonderful cure of mary maillard , ( lame almost ever since she was born ) on sunday the th of november , . with the affidavits and certificates of the girl , and several other credible and worthy persons , who knew her before and since her being cured . to which is added , a letter from dr. welwood to the right honourable the lady mayoress , upon that subject . a second five years struggle against popery and tyranny : being a collection of papers , published by samuel iohnson . remarks upon dr. sherlock's book , intituled the case of resistance . reflections on the history of passive obedience . an argument proving , that the abrogation of king iames by the people of england from the regal throne , and the promotion of the prince of orange , one of the royal family , to the throne of the kingdom in his stead , was according to the constitution of the english government , and prescribed by it . in opposition to all the false and treacherous hypotheses , of usurpation , conquest , desertion , and of taking the powers that are upon content . an essay concerning parliaments at a certainty . notes upon the phoenix edition of the pastoral lteters , par . . these last six books , by mr. samuel iohnson . notes, typically marginal, from the original text notes for div a -e * vid. mirror of iustice , cap. . sect. . † vid. modum antiq. tenendi parl. * vid. the year-book , ter. pasch. † vid. o will. & mar. * chap. . sect. . * vid. spel. concil . vol. p. . † vid. vitam alfredi . edit . oxon. * see the old form of the coronation oath before the conquest , and after , in mr. attwood's treatise of the antiquity of an oath of abjuration , p. . to the end . * see the forms of those coronations in stow , holinshed . and others . * vid. mat. west . p. a. d. . . . * see his coronation-oath in mr. atwood's treatise of the oath of abjuration , p. . * vid. lambert's saxon laws . leg. guil. ●h . . . p. . † lib. . chap. . * i. e. nobiles minores . * vid. the act of o. mariae , confirming the treaty of marriage with king philip. * vid. par. rolles . h. . n. . * chap. . investigatio jurium antiquorum et rationalium regni, sive, monarchiae angliae in magnis suis conciliis seu parliamentis. the first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of england under our kings and monarchs, appointed by god, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of god and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the king to be co-ordinate with his houses of peers and commons in parliament / per fabianum philipps. philipps, fabian, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. prerogative, royal -- great britain. great britain -- kings and rulers. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion investigatio jurium antiquorum , et rationalium regni , sive monarchiae angliae , in magnis suis conciliis , seu parliamentis : et regiminis , cum iisdem in suis principiis , optimi . or , a vindication of the government of the kingdom of england under our kings and monarchs , appointed by god , from the opinion and claim of those , that without any warrant or ground of law or right reason , the laws of god and man , nature and nations , the records , annals and histories of the kingdom , would have it to be originally derived from the people , or the king to be co-ordinate with his houses of peers and commons in parliament . per fabianum philipps j. c. socium medii templi , london . jerom. c. . v. . state super vias antiquas & inquirite veritatem . the first tome . london , printed for the author , and are to be sold by charles broome at the gun in st. paul's church-yard . . virtute et fide robert harley of bramton castle in the county of hereford esqr. to the sacred majesty of james the second , king of great brittain , france and ireland , defender of the faith , &c. dread soveraign , when the oaths of allegeance and supremacy ( the greatest tyes and obligations that can be imposed upon the generations of mankind ) have so little prevailed , as that the giddy and mad-headed multitude , prone to all wickedness , and evil examples , have under an hypocritical pretence of holiness ; and reformation of that which was good , and needed it not , introduced an abundance of unclean spirits , and brought forth that which was altogether like their tutors and masters of impiety , and with great impudence , pertinacity , secret and subtil contrivances after his late majesties happy restauration , continued their machinations and rebellious principles until his death , who notwithstanding his great clemency , and many plots discovered by gods mercy , by the continual vigilancy of his guards with all the care that could be taken , was for a long time hardly preserved from assassination , which villanies and dangers consorted so well with their ambitions , and envies , rapines , plunderings , sequestrations , decimations , and pillaging of three kingdoms , especially of england , besides the sad accompt to be made of the massacre in ireland , destruction of many thousands in england with their families and estates , in the defence of your majesties blessed father the martyr , with that horrid , & ever to be abhorred addition of his murther , and the long continued miseries , calamities and troubles , put upon their late soveraign your royal brother , & your majesty , and the rest of the royal ●rogeny , as they , or too many of them , or their seditious and rebellious party , may not improbably an thought only to watch or enforce an opportunity of playing the same , or a worse game of rebellion over again , and if they can , to a more impious advantage , bed plant a soveraignty inherent in the people , whom they intend to govern as arbitrarily and wickedly as they had done before , which a lamentable many years experience hath taught the people to believe it to be abundantly tyrannical and slavish enough to those that were made so unhappy as to endure and experiment it , which to prevent , is , and should be certainly the duty of every good subject and i over of his king and countrey . in order wherunto , having made my observations and remarks , from the commencement of the grandest rebellion that ever troubled and harassed england , in the years , . until his present year of the lord , now the year and an half of my yet ( deo gratias ) vividae senectutis , many years before for the most part written , and as well digested as many disturbances , and worldly troubles would permit , which could notwithstanding never alienate or withdraw my mind from those my first enquiries or observations ; and my careful , and i hope , industrious and impartial recherches into the original and true power of parliaments , will shew how the incroachments of a miselected house of commons therein , have since the raigns of qu. elizabeth and k. james , made it their principal and only business by petions , ingrateful lurches , and artifices and catching advantages of our kings & princes , necessarily enforced want of money , for the defence of themselves and their people , to undermine and bring into an anarchy , or insulting poliarchy , this your heretofore more flourishing monarchy , strongly built and founded upon the feudal laws , derived unto your majesty by and from your royal ancestors and predecessors , from the brittish , german , saxon , danish and normans feudal laws and customs , the best establishers and supports of a truly ( not counterfeit ) monarchick regal government , and doubt not but that my labours and travel therein , with what other light and confirmations may be justly added by such as will well weigh and consider it , may truly manifest and prove the same , and without the suspicion of an over-credulity , well believe that the reverend judges and sages of the law ( whom our kings have commanded and ordained to be greatly reverenced , administring justice under you to your people , many of whom , and the professors of the law , pleading before them , were only educated , and practised as lawyers in the time of the late misguided parliament , ) might have been easily mis-led by the minores gentium , the lawyers and officers pleading or practising in the courts of justice , by rejecting the councel of the prophet jeremiah , stare super vias antiquas & inquirere veritatem , which his lamentations after their destruction , might have taught them after sooner to have believed , and not to have the original of your majesties government , to be as inscrutable as that of the river nile , or to forget their common parent or original , as in many things to make or render our laws to have no resemblance thereof , but to be quite contrary thereunto , or as some children , in the stories or tales of easily believing old women changed in their cradles ; all which should put every good subject in mind neither to be ignorant of your rights , or negligent in the maintenance of them , it being of no small concernment to your people , to preserve yours with as much care as their own , being comprehended therein , and when he shall hear the ship wherein his king is , strugling with the rage and fury of the winds and seas , and every minute like to be destroyed and swallowed up , ought to make hast tenui sua cymba , and do all he can to relieve and preserve him , of what judgment and disposition soever he be , though not at all under those great obligations , of the oaths of allegeance and supremacy , and of the bonds of gratitude , must exuere humanitatem , that will not endeavour to rescue him , and in these my feeble , but true hearted endeavours , found those that instead of saving the ship , were only careful to sacrifice to their own designs , and divert and steer her from the right port of monarchy , whilst they laboured all they could to save her by bringing her only into the curses rather than blessings of an anarchy or knavish self-enriching poliarchy , and ruine all those that really and heartily wishout any other ends than that of duty and endless loyalty , came to help her ; and not by so many plots and conspacies against your government and monarchy , and the lives of your majesty and royal brother , give a far greater disturbance thereunto than the unhappy severely punished corah , dathan , and abiram did to the government of moses and aaron , who did but only murmure against them , saying , ye do take too much upon you , but did not plot or contrive treasons , conspiracies or rebellions against , or to assassinate or murder them ; from all which disturbances and troubles , that god will be pleased whilst you are on earth , enjoying a happy life amongst an unquiet ( as unto too many of them ) never to be contented people to free your majesty , your heirs and successors shall ( as it hath ever been ) be the prayers of your majesties always constant and obedient subject fabian philipps . the preface to the readers . they that have read and duly considered , though but with an ordinary compassion and sense of humanity , the dismal effects of wars , rebellions and discords in kingdoms and republicks , and the little gain more than a sacrifice to the devil , and the ambition , revenge , self-interest , and the ruine of kingdoms , commonwealths , families and estates , might , if there had been no other evidence , have clearly and lamentably seen it in those once very famous republicks of athens and sparta in the peleponesian wars , ingaging most of the little republicks of achaia to run the adventure with them , and did in the conclusion bring them all together under the tyranny of the ottoman empire ; in those also of the merciless proscriptions of sylla and marius at rome , and the bloody pharsalian fields or battels fought betwixt julius caesar and pompey , too nearly allied to have made such a quarrel or bustle to disturb so great a part of the world for empire : that of the guelphes and gibelines happening near about the time of our king john , when the pope so domineered over him , as he constrained him to do homage unto him for england and ireland , and pay him a then great yearly tribute ; that of our two great contending families in england , york and lancaster , under the several badges or liveries , of the white rose & the red , to the destruction of many of the nobility and gentry taking their several parties , that of the german wars betwixt the duke of saxony and the emperour charles the th , that of the sicilian vespers , that of the king of spain and the netherlands or united provinces of the holy league in france , and the cruel massacre of so many thousand protestants in ireland , and that our incomparable late rebellion of all the rebellions the devil had ever abused and cheated a nation withal , the most hypocritical , horrid and abominable , and the just care that every pious and good man ought to have of his king and oaths of allegeance and supremacy , and the blessings of god to attend his posterity , might cause them to make as much hast as the dumb son of king craesus did to save the life of the king , and therein prevent the ruine of his countrey . and therefore i may hope that a minimus apostolorum , one of the least professors of the law , though of an ancient standing , may be permitted without the reproach of arrogance or scribling quiddities or impertinences , or troubling the world with the idea's of plato , aristotle , solon , licurgus or the unquiet commonwealth of rome , until they were after the experiments of divers sorts of governments constrained to be more quiet and content with that of the empire and monarchy or theocracy ordained by god , be permitted to lay or bring before the reverend judges and sages of the laws of england , and the professors and students of the laws therein , what may be found in the records , annals , and approved authors and historians concerning the ancient feudal and monarchick government thereof , without any additions , omissions , wtested interpretations , forgeries , impostures , or the fond and often abused credulity of monkish and feigned lying manuscripts , & may incite others to approve and like better of it than they have done , that have to the hazard of their estates in this world and the world to come , done all that they could to pull in pieces that ancient government upon which all our laws , reasonable customs and constitutions with remedies for publick grievances have been built and founded , which sir edward coke hath ( before the dissolution of our tenures in capite , the ligaments of the crown of england , and the nerves , sinews and strengths thereof , when he was better pleased with his soveraign ) not unjustly called the quintessence of all laws , expended very near l. sterling in my labours and travails therein , and other matters concerning the government without any penny profit or recompence either from or by the stationers , or any others more than an employment as deputy comptroller of the law tax , wherein i endeavoured all i could to serve his late majesty and the farmers thereof , and may hope it was acceptable when his majesty not long before his departure out of this world , was by his principal secretary of state sir leoline ienkins knight , graciously pleased to declare that he had a particular regard for me , and was sensible of the many services which i had done unto the crown , which in the greatest of truth , humility and modesty , i might have said was done by me one of the smaller sort of the atoms in his kingdoms as an oblation of duty , when besides my no small loss and damage in the late horrid rebellion i did adventure with the late learned george bate dr. of physick , and mr. nicholas odeart sometimes secretary to sir edward nicholas principal secretary to the murthered king , did , when the rebels had refused to allow him in his own defence the assistance of his own or any other councel learned in the law , at that they falsly called his tryal , & when the intercession of the french and dutch embassadors , the scots their rebel partner commissioners , and some of the london factious ministers could not prevail to rescue his sacred life , did with great danger and hazard of our lives and estates cause a small paper of advice to be secretly delivered unto him not to acknowledge any jurisdiction to be in their highly wicked misnamed court of justice , never before heard of or made use of in england or in any other nation of the world. and i did also after that wicked of wickedest sentence of death pronounced against my soveraign , write and cause to be printed and affixed upon the posts and publick places , in or about the cities of london and westminster a protestation in the name of all the loyal people of england against that most abominable sentence , and did within a short time after print and publish a book in justification and defence of him , and the first as i believe that in print justly stiled him a martyr for his people , with some assurance to my self , that our seri nepotes some others hereafter walking recto tramite in the like search and path of truth as i have done , might add more assistance thereunto , and may be permitted to say , as st. paul in another case did of himself , that if i have had in so long an age and perambulation of time any acquaintance or conversation at all with my self , mine own heart and actions , which many that have known me so long in my various careful and sorrowful passages of life ( occasioned by many the ingratitudes and ill dealings of some great families and others that should have dealt better with me in ) may testify my always constant and adventurous loyalty to my soveraigns , without any the least fainting or haesitation , will or may believe that i have neither lied or sought for preferment , or any thing that could look otherwise than the sincerity of my heart , and an unshaken and unbiassed love to truth and loyalty to my king and countrey . and can truly say and aver with many witnesses to confirm it , that my long observations ever since the year . until now , compleating almost full years of the said persecutions , disloyalties , misusages , and sufferings of king charles the martyr in order and design to his murder , and the many plots afterwards intended against his late royal majesty , king charles the second , and his now sacred majesty , and my researches into the records and antiquities of this and other nations concerning the just rights and praerogatives of our kings and princes , for the publick good , and the avoiding the manifold miseries and damage that attend the witchcraft and madness of rebellion , and to the end that i might recal into the right way of truth those very many noble , learned , grave and pious men , that perfectly hated rebellion and yet by fear or force going along with the tide to secure themselves and estates as well as they could , and with the vulgus and rabble that had cut the reformed church of england into no less than sects or new fashioned religions , and so far strayed from their mother the reformed church of england , as they ran out of their wits as much as their religion , so that they could not stop themselves in that their mad career until they came to an opinion that it was religion to be rebellious , and that rebellion or sedition for any thing called religion was , or at least ought to be warrantable by some or other word of god , when by his new light they should be enabled to discover it , hath given me , like old barzillai , no quiet until i had done my duty unto god , my king and my countrey and posterity , and brought what help i could unto our much injured and persecuted david , in these now published truths , wherein i have as carefully as i could without the purchase of other mens writings or manuscripts at auctions , as too many our lurching , yet learned enough authors have done , weighed all particulars in the ballance of truth , law and right reason , and without any opiniatrete have left my self to the judicious throughly impartial readers and tryers of those my carefully considered labours , wherein i shall be willing to rectify and submit to any truths , when justly and rationally proved , and be ashamed in the least to imitate those impudent contrariants of truth and right reason our laws , annals and records , who although in their books and writings against our ever maintainable truths , whilst they are in the acting and perpetrating the greatest injuries imaginable unto them , can offer to forsake their evil impostures , grounded fancies and opinions , yet can after they have been publickly examined , tryed and convicted of several gross impostures and falsifications by the undeniable evidence of the records themselves , which they cited and referred themselves unto , not like to those better men of confessions and retractations , but being unwilling it seems either to perform their promises to their readers , or imitate the more honest examples of better men , have thought it to be more correspondent unto their evil designs not to discourage their disciples to persist in their egregious falshoods , and unlearned , foolish , reasonless , senseless and inconsequential arguments , because they have wickedly made it their interest and business to advocate the devils cause by his and their evil methods and impostures . and may find that they have by a factious and seditious ignorance , and over-bold adventure enticed many good men and lawyers out of the paths of truth into an horrid confusion and rebellion , for which they may suffer in the next world , unless they can furnish their gross mistakes with some invisible or misinterpreted record that every man may fancy , and frame a new and better government of the kingdom , and carve and make his own religion , and idocize and propagate their own vain imaginations and selflreated ignorant fancies instead of laws and records . and should do better to stand and consider that the advice of the prophet jeremy , that should not be thought to have spoken vain , untrue or foolish councel , to stand upon the old ways and enquire after the ways of truth , was not to do what you can to blind or sophisticate truth , put her into disguises , and transform her into as many shapes as may consort with the ugly designs of faction and rebellion , and call to mind better than they do how diffusive and infectious the sin of rebellion is , that every of our evil examples . doctrines or perswasions tending thereunto , such an evil especially as sedition or rebellion , are by god chargeable also upon their accompt . and that at the great audit before an all knowing god there will be a multitude of consequential evils besides their own particular sins , which may be enough charged upon them , when it will be too late to say one unto another as st. paul did to his innovators , o ye foolish galathians , who hath bewitched you ? and amongst those many motives and obligations of duty and loyalty , oaths of allegeance and supremacy to my soveraign , and compassion unto those multitudes that have erred and gone astray , to the end that i might give an accompt of the trust reposed in me particularly , and solely by his late majesty , under his sign manual , bearing date the th day of september , in the th year of his raign , with full power and authority to search and take copies of all or any might be found concerning his royal rights , which was seconded by an order of the right honourable arthur earl of anglesey then lord privy seal , mr. henry coventry , and sir joseph williamson , his then secretaries of state , and sir george carteret being all of his majesties privy council , who did by their order dated the d. of july . direct and authorize sir william dugdale , since garter king at arms , elias asbmole esquire , and my self in pursuance of his majesties order dated the . of february . authorizing the aforesaid lords of his councel , to examine the state and condition of the records in the tower of london , and consider what is wanting and necessary to be done for the prefervation thereof , authorizing us to examine the present state and condition of the said records , and peruse as well the orders for regulating of the orders of the keepers of the said office of records , as the orders made by sir algernon may , keeper of the said records the first day of december then last past , and to consider what additions and allowances they shall judge fit to be made , either in the said orders or queries , or what otherwise occurs to them fit to be offered for the better ordering , methodizing , preservation and safe keeping of the said records , and that they make report thereof unto us with all convenient speed , and their opinion what is necessary to be done in order to the attaining the ends asoresaid , in obedience whereunto sir william dugdale and i have not only made a certificate and report unto their lordships what we had done under our hands , but afterwards at the aforesaid office of the records , have given a meeting to some that were appointed by their lordships , and after that in the absence and sickness of the said sir william dugdale , by the command of the said earl of anglesey , i did attend his lordship and the lord chancellor , and divers of the said lords of his late majesties privy-councel , to the said office of records in the tower of london , those scrinia sacra publicae tabulae which our great selden faith is a religio to preserve , and the commons in parliament in the year of the raign of king edward the d petitioned to have a free access unto , because they contain the peoples evidence , and might also have said their kings and princes rights and power to protect them , and therefore to have them well looked unto and preserved , must needs be an universal concernment both unto our kings and their people , and though here in england , in the time of our long and factious parliament rebellions and miseries , when i first began to search into the original of our before happy government and continuance of our laws , peace and plenty , and the excellent frame and constitution of our government founded upon no other than the feudal laws , which , unto any that will take the pains to peruse and examine them , will make it easily appear , that our brittish , saxon , danish , and norman laws , and those of all our succeeding kings and princes , and the process , proceedings , maxims , rules and methods in and through all the parts thereof , have until our late unfortunate , factious and seditious times , and parliament rebellion ( the tricks of attorneys , unskilful clerks , and subordinate and corrupt officers , since those times of unhappiness only excepted ) had no other source or fountain ; and that the civil and caesarean laws being long ago accompted to be the universal reason of the world , are and have been in their patroni and clientes near allied to our feudal laws , whereof the learned craguis wrote his book de feudis in the year . applicable to his own countrey of scotland , where they yet remain , notwithstanding our unthrifty exchange of the nerves and ligaments of our kings crown and dignity , for an excise upon ale , beer and syder , would not permit me to stand still and let my king and country be destroyed by suffering our feudal laws , the basis and foundation of our government , to be drencht or washt in the river lethe , or lake of oblivion , or the wild boars and foxes to destroy and lay wast , and cause our once flourishing kingdom under the guard and protection of those laws , to be more transformed and abused than many of the sacred laws of god , given to his once beloved people of the jews have been by their masorites , when they had a better excuse and apology to make by their captivity of seventy years in babylon , until they had forgotten the language in which their laws were written , than our gentlemen of innovation or reformation , as it hath been nicknamed or miscalled of good into bad , or better into worse for their own only advantage here upon earth , happen what will when they shall be able to attain unto or provide for themselves . and in these my labours and impartial observations , with no little danger and sorrow to see my king and countrey so ill used , have been as tender as the res acta , or matters related or inquired into , would permit without praeprejudice or hurt unto the truth , or my loyalty unto my soveraign , with all due reverence unto the judges , many or the most of whom , when the fire of that rebellion which had lain kindling and smoaking in its embrio's in the years , , , and . began every where almost discernably to flame , and be very apparent and visible , were either then in prima lanugine , or had but scarcely saluted the ostia or limina legum , stept over the treshold or door of it , as the vulgar term it , and intend as i have never failed to do , not only to do , but write and speak of them with all reverence becoming me , and all others according to the reason and rule which the great and prudent prince king edward the first ordained , when he declared in these words , et quia sunt honor & reverentia quae ministris ipsius regis ratione officii sui fiant ipsi regi attribuuntur , sic dedecus ministris suis eidem domino regi infertur , and in my relations concerning that high and very honourable , very useful and profitable for the weal publick houses of parliament no man should think or speak dishonourably so long as they permit parliaments to be what parliaments , according to their right use and institution were , nor ought to be no more than colloquium or commune concilium , as may be further evidenced by that great princes severe punishment of that great baron william de breause for contumelious words spoken to a judge . and king edward the d had such a care of his justices and their authority , as he punished severely the bayliffs of ipswich by the loss of their places , caused their staves of office to be broken in the court of kings bench , and their liberties to be seised and forfeited because they had suffered an unruly multitude to feast and revel with certain malefactors , who had been there condemned by the justices of assise , and after their departure made a kind of mockgame or interlude to be acted upon the tribunal , where the judges had sitten , and in mockery fined and amerced the justices and their clerks . and for that i would willingly be , as much as i could , instrumental to recal a factious , seditious and rebellious party out of their errours , that they may neither persist therein themselves , or by erecting schools of rebellion magnify and think themselves to be no small persons in the propagation thereof , and in those my travails not having the help as the learned dr. brady hath had of the publick libraries of the university and collegiate libraries of the university of cambridge , but of such assistance as his majesties and the publick records of the kingdom , unto which for more than years i have been no stranger , and my own private library could afford me , wherein i cannot be without hope but something considerable may appear in my labours that do not in his , but walking together in the inquiries after our fundamental laws have not contradicted , but concurred with each other in the rescue and discovery of the truth of our ancient and excellent government , and that which i have done might have been more exact if i had not by the no small disturbances of my own affairs and the common falshoods and delays of most of the printers been greatly hindred , so as i was in some part thereof to endure the disadvantage of writing as the printing press went , and therein also could not escape several discouragements , and can , as livy that grand historian of the roman empire hath truly said of his enterprise , that it was res magna & ardua , with great sincerity say with the learned bracton , perpetuae memoriae commendium postulans a lectore ut diligenter legat & bene consideret , & si quid super fluum aut perperam in hac opere invenerit illud corrigat aut emendet cum omnia habere in memoria ; et in nullo peccare divinum sit potuis quam humanum . and with the learned dr. barlow bishop of lincoln to the like purpose as unto what he wrote against the church of rome , that if he had miscited or quoted , added or omitted any thing or matter willingly against the truth , ( errors of misinterpretation or definition and of the printers only excepted ) i shall be willing to reform any humane frailties or frrors of that kind that shall so appear unto any considerate impartial reader that do not read it here and there a little , runing over as the irish do their bogs , or as some others do after dinner and in afternoons nap or slumber , or by indexes , so as i may not prejudice that grand truth concerning the just rights of the imperial crown of england , and the doctrine of the reformed church of england against all the engines of rebellion , falsities , cavillations and impostures that have been made use of against it and all their loyal and learned propugnators that have done so worthily in our israel to defend them . wherein if any shall object and think i have been too copious , and fewer words and more labour might have been spared , they that have been conversant with books or the learned , or be themselves learned , should know that a little may be enough to some when a great deal will not be so for others , especially where the arch enemy of mankind hath sown and planted weeds , such as henbane and night shade in our g 〈…〉 dens amongst our wholsom herbs and flowers , the lillies of the vallies , and the roses of sha●on , which will require much time and labour , and more than a few words to eradicate or pull them up , or a few most clear demonstrations to a numerous party , the more is the pity , that for the space of almost fifty years last past have been strangely effascinated and infatuated , and yet like well of it , because they have enriched themselves by turning religion into rebellion , and rebellion into a part of that which never was any part of religion , extravagant religion is now made liberty , and liberty and religion too much turned into rebellion . and our laws and long approved good monarchick government , having by a seditious party of rebels abusing the right power and use of parliaments diverted our antient , just and true laws out of their proper course and channel wherein they had blessed both our kings and their people , i am not unlike to escape the rash or envious censure of some that either have not read throughly as they ought , or misread , or not understood our genuine , proper and true laws , therefore should be content with the duty of those that have made it their endeavour either to vindicate the rights of their king , or relieve a too much neglected unvalued truth , and be as much blamed as the bishop elect of winchester was in the time of the troubles and imprisonment of king henry the d. by some of his overgrown nobility , when they wrote unto the pope as bitterly as they could against him for maintaining the justice of his kings cause , and when it may be heard of or read by some of our long missed lawyers that have for almost years been suckled or nursed up in a contrary practice , may take it to be a bet ter way , and more agreeable to their genuine , at least to their profit and humor of the present times to do as demetrius the silver smith did unto st. pauls doctrine , rather cavil and say something against it to no purpose then any thing concerning truth or cogent arguments yet it must be adventured with a melioraspero , and that the errors and mistakes of too many of our men of law , and others may no longer as it were successively afflict our nation , that the subjects may learn , understand and practise the duty of allegeance and supremacy , and not be so much out of their w●es as to believe that there ever was a treason committed by a king or emperour against their people , or that the members of the house of commons in 〈◊〉 proceeding beyond their limits , and the king 〈◊〉 ●oples commission , ought to be accompted the reasion of the people , but that so many advocates and lawyers as england is and hath been abundantly replenished with , should rather make it their business strongly upon all occasions to defend their ●ings rights , which every man would expect of his stipended lawyer , as the advocates of other kingdoms never failed to do . or can any man adventure to say or think , that the all-knowing never-erring god did not intend to keep his word , but made one vicegerent after that he had made , or promised it unto another , or ever made the common people his vicegerent , or any king , or prince subject to their ignorances , mutabilities and passions to be arraigned and murdered when they pleased at the suit of the people for treason committed against them , or if any nation , record or history did or could ever furnish out such an example , when the murder of our prince did so stink , and was more than ordinarily abhorred and detestable , as besides many learned men in forreign parts , publickly writing and declaiming against it the czars or czar of that great empire of russia or moscovia were so sensible of it , as he banished and seized many of the english merchants , and their goods and effects to the ruin of many of them , for no other cause than that as he said they had been traytors unto their king , and had murdered him , though they were then men of great loyalty , and were not then resident in england , and see , and read milton over much learned in the school of his master the devil , and our infatuated regicides publishing in print in our own and some forreign nations , a never to be believed or proved justification of the murder of their most pious prince , sub forma & sigura judicii , and no english men , but the learned and loyal dr george bate and my self with our names subscribed , and another without publickly vindicated his worth and innocency , and not a lawyer , or man of the militia togata could find either a conscience or care calamum e●igere to defend the honour of their king and countrey , when they were bound by their oaths of allegeance and supremacy not to have omitted it , when as advocati they should as linwood hath told them in the case of an ordinary client , tanquam athletae in campo justitio pugnare , & not stand still & hearall our neighbour christians speak of such a villainous murder with horror and detestation , and the learned zeiglerus a forreigner besides salmasius , who had never taken our oath of allegeance and supremacy , have publickly declared against , it . and do hope that our learned lawyers of england who were not before our now almost fifty years parliamentary rebellion willing to be outdone or believed to be less learned in omni scibili , or matter of learning in the laws of their own or other nations , ( witness our great selden and many others ) will not suffer our laws which want nothing to illustrate their very antient original , to be so lost and eclipsed , as there will be nothing of our fundamental laws left to furnish their practice in the temples and courts of justice , than such fragments as the attorneys seminaries shall be pleased to furnish them withal when they have squeezed the profit into their own advantages of all manner of champerties and ambodextryes , by clipping our venerable , just and antient laws into such parcels as may seem most for their wicked and reasonless advantages , and should be more than praemunired , and not to be reckoned much less peccant than the clippers of caesars coin or image , or false forreign coin introduced into the kingdom , in their daring to attempt to vitiate or violate their kings laws , and suffer milton that understood no more of our laws of england , than that which he had purposely metamorphosed to delude a silly part of the people , or rabsheka it , defie● the host of israel ; and john goodwin a factious minister with his flambeau or torch in the pulpit , to intice all that could be so mad as to believe them , that king charles the martyr was justly accused , condemned and beheaded at the suit of a few infatuated rebels , and so many men of the long robe not have loyalty , care or conscience enough to hasten to the brook to find some stones to sling at , and convince those or any of their goliahs , or hear a judge deservedly displaced by his late majesty king charles the d . declare in the court of kings bench , tell not us of old records and antiquities , but of the law or practice in or since . and a bencher of an inns of court perswades himself that he had hit the mark , when he had said that antiquities were no more to be valued than old iron picked up out of the channel in london streets , and sold for a penny in the pound . and mr. milton that would have all men have a liberty to be divorced from their wives as much as himself was from true learning and reason , having done all and more than he could to blast and disparage that most excellent pious prince king charles the martyr , and make his ever to be accursed murder to be according to the laws of england , could not forbear persecuting his manes , whilst he magnified the populum anglicanum , when all men had abhorred it , and bedingfield and chresheld had voluntarily laid down their commissions , and forsook their offices and places of judges , and the greatest rebellion did ride in its triumphant chair , shall the gentlemen of the long robe , who might be very able to do , and should be well acquainted with all manner of learning , be so little concerned in it as to leave two doctors of physick to do what they could themselves , for there were a lion in the way , whilst mr. milton cryed out as tully in another case , o fortunate nate me consulo roma . and it would be a pity that so many learned people in england , of several conditions , should not rightly understand the constitutions and government thereof , but be so much mistaken as to believe they are honest and loyal enough if they can but get what they can from their king , and sacrifice it to their humours , when the fear of god , and right understanding of our laws may teach us , that our oaths of allegeance and supremacy do signifie much more than the ordinary oaths of the smaller sort of the common people , who have as little wit as estate , and a great deal less of religion , and that our laws from age to age have resided in our kings , who have always been accompted to be tanquam lex viva . could there be so great a thirst after learning and honour , and esteem for it gained , could the queen of sheba travel so far to hear the wisdom of solomon , and pythagoras to hear plato , philip of macedon give his gods thanks that he had found out such a tutor as aristotle for his son alexander ? have men of learning , and richer souls than ordinary been invited and gladly welcomed into other cities and countries , as our king alfred did asser menevensis , edward the first , accursius , and our king james the first , the generally learned causabon , peter du moulin , and gerardus vossius ; and believed it to be a great part of their honour and glory to be the incouragers of learning and vertue ? tacitus saith , that amongst the romans , the sons of nobility did dare operam studiis liberalibus ; the emperor valence appointed for the publick library at constantinople seven antiquaries to look after the books , four for the greek , and three for the latine who were to have a publick allowance ; and must we that may stand upon our fore-fathers shoulders , and may with great ease do rather greater than lesser matters not be ashamed to be children of yesterday , when they that have arrived but unto a small parcel of learning , must in spight of their teeth acknowledge that experience is commonly upon earth one of the most trustiest guides , and neglected the mistress of fools when posterior dies should never fail to be discipulus prioris , and it can portend no less than a sad fatality , and ruin to a nation to have learning put under no better a character than that of a fop , or a grave thinking coxcomb , when a knave , though a fool , is believed to be a man of parts and ingenuity , and an honest man , a simple fellow , or an ass fit only to be bang'd or rid upon , and whilst we mourn and lament with the prophet jeremiah , the forecasted ruin of our jerusalem , and with our long ago gildas the excidium britanniae , should cease to pour contempt upon our kings and princes , and not cause them to wander in the wilderness where there is no way , but offer up our daily prayers unto god to send help to our jacob in all his many difficulties . elenchus capitum , or , the contents of the sections or chapters . § . . that our kings of england in their voluntary summoning to their great councils and parliaments some of the more , wise , noble and better part of their subjects , to give their advice and consent in matters touching the publick good and extraordinary concernment , did not thereby create or by any assent , express or tacite give unto them an authority , coordination equality or share in the legislative power , or were elected by them . page § . . of the indignities , troubles and necessities which were put upon king john in the enforcing of his charters , by the pope , and his then domineering clergy of england joyned with the disobedience and rebellion of some of the barons encouraged and assisted by them . p. § . . of the succeeding iealousies , animosities , troubles and contests , betwixt king john and his over-jealous barons , after the granting of his charters and his other transactions and agreements with them at their tumultuous meeting at running mede , with the ill usages which he had before received of them during all the time of his raign . p. § . . the many affronts , insolencies and ill usages suffered by king henry . until the granting of his magna charta , & charta de foresta . p. § . . of the continued unhappy jealousies , troubles and discords betwixt the discontented and ambitious barons , and king henry . after the granting of his magna charta , & charta de foresta . p. . § . . that the exceptions mentioned in the king of france's award of the charter granted by king john could not invalidate the whole award or justify the provisions made at oxford , which was the principal matter referred unto him . p. § . . of the evil actions and proceedings of symon de montfort and his rebellious partners in the name of the king , whilst they kept him and his son prince edward , and divers of the loyal nobility prisoners , from the th of may in the th year of his raign until his and their delivery by the more fortunate battle at evesham , the ●th day of august in the th year of his tormented raign . p. § . . of the actions of the prince after his escape , his success at the battle of evesham , release of the king his father , and restoring him to his rights . p. § . . of the proceedings of king henry . after his release and restauration until his death . p. § . . that these new contrived writs of summons made by undue means upon such a disturbed occasion , could neither obtain a proper or quiet sitting in parliament , or the pretended ends and purposes of the framers thereof , and that such an hasty and undigested constitution could never be intended to erect a third estate in the kingdom equal in power with the king and his great councel , the house of peers or consistent with the pretended conservatorships , or to be coordinate with the king and his great councel of peers , or to be a curb to any of them , or themselves , or upon any other design than to procure some money to wade through that their dangerous success . p. § . . of the great power , authority , command and influence which the praelates , barons and nobility of england had in or about the th year of the raign of king henry . when he was a prisoner to symon montfort ●d these writs of election of some of the commons to parliament were first devised and sent to summon them . and the great power and estate which they afterwards had to create and contain an influence upon them . p. § . . that the aforesaid writ of summons made in that kings name to elect a certain number of knights , citizens , and burgesses & the probos homines , good & honest men , or barons of the cinque ports to appear for , or represent some part of the commons of england in parliament , being enforced from king henry . in the th and th year of his raign when he was a prisoner to symon de montfort earl of leicester , and under the power of him and his party of rebellious barons , was never before used in any wittenagemots mikel-gemots or great councels of our kings or princes of england p. § . . that the majores barones regni , and spiritual and temporal lords with their assistants , were until the th year of the raign of king henry . and the constrained writs issued out for the election of knights citizens and burgesses whilst he was a prisoner in the camp or army of his rebellious subjects , the only great councels of our kngs. p. § . . that these enforced writs of summons to the lords spiritual and temporal , accompanied with that then newly devised engine or writ to elect knights , citizens and burgesses to be present in parliament , were not in the usual and accustomed form , for the summoning the lords spiritual and temporal to the parliament . p. § . . that the majores barones , or better sort of the tenants in capite , iustly and legally by some of our ancient kings and princes , but not by any positive law that of the enforced charter from king john at running mede , being not accounted to be such a law ) were distinguished and separated from the minores or lesser sort of the tenants in capite . p. § . . that the general councels or courts mentioned before the rebellious meeting of some of the english baronage , and the constraint put upon king john at running mede , or before the th of henry . were not the magna consilia , or generale consilium , colloquium , or communia consilia , now called parliaments , ( wherein some of the commons as tenants in capite were admitted ) but only truly and properly curiae militum , a court summoning those that hold of the king in capite to acknowledge record , and perform their services , do their homage , and pay their releifs , &c. and the writ of summons mentied in the close rolls of the th year of the raign of king john. was not then for the summoning of a great councel or parliament , but for other purposes , viz. military aids and offices . p. § . . that the comites or earls have in parliament or out of parliament , power to compel their kings or soveraign princes to yield unto their ●onsults , votes or advices , will make them like the spartan ephori , and amount to no more than a conclusion without praemisses , or any thing of truth , law or right reason to support it . p. . § . . of the methods and courses which king edward the first held and took in the reformation and cure of the former state , diseases and distempers . p. . § . . that the sheriffs are by the tenor and command of the writs for the elections of the knights of the shires , and burgesses of the parliament cities and burrough-towns , the only iudges under the king , who are fit and unfit to be members in the house of commons in parliament , and that the freeholders and burgesses more than by a just and impartial assent and information , who were the fittest , were not to be the electors . p. . § . . of the small numbers of knights of the shires and burgesses , which were elected and came in the raign of king edward the first , upon his aforesaid writs of election ; and how their numbers now amounting unto very many more , were after encreased by the corruption of sheriffs , and the ambition of such as desired to be elected . p. . § . . who made themselves electors for the chusing of knights of the shires to be members of the house of commons in parliament , after the st year of the raign of king edward the first contrary to the tenor of his aforesaid writs of summo 〈…〉 made in the year of his raign , for the election of knights of the shire , and burgesses to come to the parliaments and great councils of several of our kings and princes afterwards . p. . § . . of the actions and other requisites by the law to be done by those that are or shall be elected knights , citizens and burgesses to attend our king in their great councils or parliaments , praecedent and praeparatory to their admission therein . p. . § . . that the members of the house of commons being elected and come to the parliament as aforesaid , did not by vertue of those writs of election sit together with the king and the lords spiritual and temporal in one and the same room or place ; and that if any such thing were , as it never was or is likely to be proved , it cannot conclude or infer that they were or are co-ordinate , or had , or have an equal power in their suffrages and decisions . p. . § . . what the clause in the writs for the election of knights , citizens and burgesses to come unto the parliament , ad faciendum & consentiendum do properly signifie , and were intended by the said writs of 〈◊〉 to be members of the house of cowmons in parliament . p. . § . . of the many variations and alterations of our kings writs of summons to their great councels or parliaments , excluding some , and taking in others to be assistant in that high and honourable court , with its resummons , revisions , drawing of acts of parliament , or statutes dy the judges , or the kings learned councel in the laws , and other requisites therein necessarily used by the sole and individual authority of our kings and princes . p. . § . . what is meant by the word representing , or if all , or how many of the people of england and wales , are or have been in the elections of a part of the commons to come to parliament represented . p . § . . that no impeachment by all or any of the members of the house of commons in parliament , or of the house of peers in parliament , hath , or ever had any authority to invalidate , hinder , or take away the power , force , or effect of any the pardons of our kings or princes , by their letters patents , or otherwise for high treason , or felony , breach of the peace , or any other crime or supposed delinquency whatsoever . p. . § . . of the protection and priviledge granted unto the members of the house of commons in parliament , by our soveraign kings and ●rinces , during their attendance and employments in their great councils of parliament according to the tenor and purport of their commissions . p. . § . . neither they claim , or ever were invested by any charter or grant of any of our kings or princes , or otherwise of any such priviledge or liberty , nor was , or is in england any law , or usage , or custom , that a parliament sitting cannot be prorogued or dissolved as long as any petition therein exhibited remaineth unanswered , or not determined . p. . § . . that in those affairs peculiar only to so great and venerable an assembly , which should not be trivial or proper to lower and lesser iurisdictions , assigned for the determining of lesser matters for the publick ease and benefit , our kings and princes have a greater burden and care upon them as gods vicegerents , besides that of parliaments , to manage and take care of the kingdom , for the benefit and good of themselves and their people . p. . § . . that our great councils or parliaments , except anciently at the three great festivals , viz. christmas , easter and pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those grand and chargeable festivals , or upon necessities of state or publick weal and preservation ex natura rei continue long , but necessarily required prorogations , adjournments , dissolutions or endings . p. . § . . that parliaments or great councels de quibusdam arduis concerning the defence of the kingdom and church of enggland , neither were or can be fixed to be once in every year or oftner , they being always understood and believed to be by the laws , and ancient , and reasonable customs of england ad libitum regis , who by our laws , right reason , and all our records and annals , is and should be the only watchman of our israel , and the only iudge of the necessity , times and occasion of summoning parliaments . p. . § . . that all or any of the members of the house of commons in parliament are not properly , or by their original constitution intended , or otherwise entituled , or properly , truly , justly lawfully seized , or to be stiled or termed estates ; neither are to be so understood or believed to be ; and being to be no otherwise than subject to a temporary election , and by the authority of their kings writs paid their wages and charges , by those that sent and elected them , can have no iust or legal right thereunto . p. § . . a series or accompt of the many seditions , rebellions and discords that have successively happened since the beginning of the raign of king henry . to our succeeding kings and princes until this present age wherein we now live , by mistaken and never to be warranted principles . p. . a vindication of the antient and present establish'd government of the kingdom of england under our kings and monarchs appointed by god , from the opinion and claim of those that without any warrant or ground of law , or right reason , the laws of god and man , nature and nations , and the records thereof , would have it to be originally deriv'd from the people , co-ordinate with the houses of peers and commons in parliament , or by their election . sect . i. that our kings of england in their voluntary summoning to their great councels and parliaments some of the more wise , noble and better part of their subjects , to give their advice and consent in matters touching the publick good , and extraordinary concernment , did not thereby create , or by any assent , express or tacite , give unto them an authority , co-ordination , equality or share in the legislative power , or were elected by them. the laws of god , nature and nations , our laws of england , and the records thereof , ( no strangers at all unto them , but much in league and friendship with them ) did never deny our kings and princes to make use of the councels and advice of such of their subjects , as were fit and able to give it . nor did any of our kings , by such applications unto their subjects for their advice and councels , either in general , or particular , common , publick , or private councels , or any of their laws , grants , charters or customs , ever allow them any co-ordinate or equal authority with them , or over any of their actions , in the giving of their approbation , advice , or consent ; or otherwise , if we may believe ( as we ought ) those records and accounts which the world , and its aged companion , time , have from their infancies left , and recommended unto us : no such liberties , customs , or priviledges at all ever appearing to have been granted , or of right appertaining unto them , by any warrant , foundation , law , act of parliament , reason , prescription or custom . in the time of our ancestors the britains , a qui legibus romanis , ( not of the senate , but the emperours ) caesareis , seu imperialibus , paruerunt quamdiu sub imperio romano ; which mr. selden hath asserted to have continued years , or thereabouts , from the time of claudius the emperour , to that of honorius ; and that severus the emperour kept his court for several years at york , where papinian , that great and famous lawyer , sate praetor , or lord chief-justice , under him . which could not but introduce much of their laws and usages amongst us , and the near succeeding ages were so unwilling to part with them , as they would never after be altogether strangers unto them ; b for king aethelulph travelled with his son aelfred to rome , and aelfred , whilst he was there , and likewise after his return , and being king , librorum omnium notitiam habebat , saith william of malmsbury ; and was very learned , as asser menevensis , who was his contemporary , and privy to most of his actions , and hoveden , and ingulsus , have recorded it to posterity ; plurimam partem romanae bibliothecae anglorum auribus dedit . and offa king of the mercians had in the year of christ . before the time of aethelulph , sounded , erected and maintained in rome a schola saxonica , which could not be either constituted or continued , without some commerce with the latian language and laws : the one being likely to be an effectual means to convey the other , and by a constant intercourse continue the course and knowledge of some part of these laws and customs in england . or in any of those laws which dunwallo molmucius , cujus leges molmucianae dicebantur , ordained . or in those which mercia regina , britonum uxor gurtheli à qua provincia merciorum , containing gloucester shire and seven other counties , putatur denominata edit , as an authentique historian saith , discretione & justitia plenas quae lex mercia dicebatur . of king ethelbert , c circa annum salutis , or . qui sub heptarchia saxonum , ( as venerable bede relates it ) decreta judieiorum inter subditos suos juxta exempla romanorum , consilio sapientum constituit , & decreta judiciorum scribi fecit genti suae . et sub saxonibus , & danis , d quamvis pauciora legum romanorum vestigia reperiamus . the learned dr. duck , seconded by dr. langham , in observationibus de antiquitatibus & legibus romanorum in britannia exercitatissimus , have not indiligently noted , constabit tamen reges eorum qui reliquis pietate , virtute , & gloriae cupiditate praecelluerunt in judiciis , & jure dicundo inter subditos suos ad exempla romanorum saepius se composuisse . in the laws of king e ina , who , about the year after the redemption of mankind , suesu & instituto cenradi patris sui heddae & erkenwaldi episcoporum suorum , omnium senatorum suorum , & natu majorum & sapientum populi sui in magna servorum dei frequentia : commanded , ut justa judicia per omnem ditionem suam fundita stabilitaque sint , at que ut nulli liceat in posterum senatori f sive alteri cuivis in ditione sua degenti sua antiquare judicia & institutiones sive leges genti suae condidit solempnes . of king alured , g who about the year . prudentissimorum è suis consilio , declaring that many of the laws of his ancestors , quae sibi minus commoda videbantur ex consulto sapientum partim antiquanda partim innovanda curavit , & quaecunque in actis inae gentilis sui offae merciorum , regis vel ethelbert ( qui primus anglorum sacrotinctus est baptismato ) observatu digna deprehensus fuit , ea collegit omnia , reliqua plane omisit , atque in istis discernendis prudentis simorum è suis consilio usus atque iis omnibus placuit editi eorum observationes . or in the league made betwixt king alured and guthrun the dane , or afterwards betwixt king edward and guthrum , à sapientibus recitata sepius atque ad commodum & regni utilitatem aucta & amplificata . or in or by any of the books , if they were extant , and now to be seen , said to have been collected and written by that great king , viz. breviarium h quoddam collectum ex legibus trojanorum , graecorum , britannorum , saxonorum , & danorum . o. visi saxonum leges . o. instituta quaedam . o. contra judices iniquos . o. dicta sapientum . o. acta magistratum . o. collectiones chronicorum . or by the laws of king edward , i about the year . where iis omnibus qui reip. praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices , perinde ut in judiciali libro scriptum habetur , nec quicquid formident jus commune audacter liberèque dicant , ac litibus singulis dies quibus dijudicentur condictos statuit . of king athelstan , k about the year . ( the heptarchy being then reduced to its pristine estate of monarchy ) consilio ulfhelmi , archiepiscopi aliorumque episcoporum , & servorum dei. or in his laws not long before made in a councel held at exeter , where he was , as they mention , sapientibus stipatus . of king edmond , l made in a councel at london , about the year . tam ecclesiasticorum , quam laicorum , cui interfuerunt oda & wolstanus archipraesul , plurimique alii episcopi . or in or by the first written laws of the britains , m about the same time , in the reign of their king howel dha , stiled the good , ( the bards and druids , n men of great veneration , power and esteem amongst them , not before recommending to posterity , or committing to writing any of their laws , customs or memorials ) qui convocati episcopis & laicis doctissimis leges antiquas correxit & novas condidit . or in the laws which king eldred o made about the year . in festo nativitatis beatae mariae , when universi magnates regni , per regium edictum summoniti tam archiepiscopi totius regni quam proceres , & optimates londoniis convenerunt ad tractandum de negotiis publicis totius regni . of king edgar , p who about the year . ( favente dei gratia ) not of the people , stiling himself totius angliae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & imperator , frequenti lenatu proposuit leges populo servandas . of k. ethelred , q about the year . made sapientum consilio . or in the senatur consultum , agreement , or league , made between him and the monticuli walliae , or men of the mountainous parts of wales , angliae sapientibus , & walliae consiliariis . of or by the laws of king canutus , r constituted about the year . ex sapientum consilio . of king edward the s confessor , who reigning about the year . and stiling himself monarcha & vicarius summi regis , collected out of the mulmucian , mercian , saxon , and danish laws , and other reasonable customs used until his time , ordained laws , concilio baronum angliae , & leges annis sopitas excitavit , excitatas reparvit , reparatas decoravit , deboratas confirmavit , confirmatae verò vocantur leges regis edwardi , t non quod ipse primo ad invenisse eas , sed cum praetermissae fuissent , & oblivioni penitus deditae à diebus avi sui edgari qui annis regnavit , ipse edwardus , quia justa erant & honesta à profunda abysso extraxit , eas revocavit , & ut suas observandas contradidit . and were afterwards by william u the conquerour , upon the tears and intercession of the english , consilio habito & praecatu baronum per universos angliae consulatus nobiles & sapientes & suâ lege eruditos , upon the oaths of twelve men in every county , granted and confirmed unto them . of the laws which he made , x universo populo angliae post subactam terram , ( a time when new laws are usually made or given ) and giving much of that conquered land commilitonibus suis , being for a great part the same laws which king edward the confessor had before caused to be observed . amongst which laws , y said to have been the laws of william the conquerour , there remains one in these words , viz. statuimus & sirmiter praecipimus ut omnes liberi homines totius regni nostri sint fratres conjurati ad monarchiam nostram , & ad regnum nostrum pro viribus suis & facultatibus contra inimicos pro posse suo defendendum & virilitèr servandum , & pacem , & dignitatem coronae nostrae integrè observandam & ad judicium rectum & justitiam constantèr omnibus modis pro posse suo sine dolo & sine dilatione faciendam . or in or by his laws and charters z made and granted , tam francigenis quam anglis communi consilio archiepiscoporum , abbatum , & omnium principum regni sui , for and concerning the separation and dividing the ecclesiastical laws and jurisdictions from the temporal and common . or in or by the a codex legum , compiled by king henry i. ex legibus salicis , ripuariis , danicis , & aliarum gentium antiquis . or in or by his charter granted unto the baronage and people of england , so much approved , as when stephen langton , archbishop of canterbury , had produc'd it unto some of them that were quarrelling with king john , for infringing some parts of their liberties , they did swear , that they would live and die in the defence and maintenance thereof . or in a councel holden c anno domini . in the th . year of the reign of king william rufus at pedred , coram rege & archiepiscopo dorobernensi atque primatibus totius regni judicantibus ubi terminata fuit controversia inter thomam archiepiscopum eboracensem , & ulstanum episcopum wigornensem . or the charter of king stephen , who granted omnibus baronibus & hominibus suis de anglia omnes libertates & bonas leges quas henricus rex angliae avunculus suus eis dedit & concessit , & omnes bonas leges , & bonas consuetudines eis concessit , quas habuerunt tempore regis edwardi . or in the agreement made afterwards between him and maud the empress and her son , touching the succession of the crown of england . or in any of those which king d henry ii. granted , restored , and confirmed , deo & sanctae ecclesiae , & omnibus comitibus baronibus , & omnibus hominibus suis omnes consuetudines quas rex henricus avus suus eis dedit & concessit adjecta sanctione , ut libere , quiete , & plenario tenerentur . or in the letter or epistle e which he wrote unto thomas becket , archbishop of canterbury ; which , probably , if it were extant , would not contradict the rules and laws of his government . or in the great councel of clarendon , holden by the same king , where a recognition of many of the ancient laws and customs of the nation , concurrentibus episcopis & proceribus congregato clero & f populo tunc praecepit rex universis comitibus , & baronibus regni . or when he held a great councel at northampton , g coram epilcopis , comitibus , & baronibus terrae assisaw fecit , & eam teneri praecepit , scilicet quod regnum suum divisit in sex partes perquarum singulas tres justicias constituit . or that of king h richard i. holden at london , congregatis episcopis , comitibus , & baronibus regni sui . or by king john's permitting the speech or oration which hubert walter archbishop of canterbury made unto him at his coronation , after the death of king richard i. at london , in praesentia archiepiscoporum , episcoporum , comitum , & baronum , & aliorum omnium qui ejus coronationi interesse debuerant , ubi stans in medio omnium , dixit , audite universi , noverit discretio vestra quod nullus praeviâ ratione alii succedere habet regnum nisi ab universitate regni unanimitur invocata spiritus electus , i & secundum morum suorum eminentiam prae-electus ad exemplum & similitudinem saul primi regis in uncti quem praeposuit dominus populo suo non regis filium , nec de regali stirpe procreatum , similiter post eum david jessae filium hunc quia strenuum & aptum dignitati regiae , illum quae sanctum & humilem , ut sic qui evectus in regno supereminet strenuitate omnibus praesit in potestate & regimine verum si quis ex stirpe regis defuncti aliis praepolleret , pronius & promptius in electionem ejus est consentiendum , haec idcirco diximus pro inclyto conite qui praesens est fratre illustrissimi regis nostri richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus & strenuus & manifeste nobilis , quem nos invocatâ spiritus sancti gratiâ , rationi tam meritorum , quam sanguinis regii ananimiter elegimus universi . whereupon , saith daniel , k ( agreeing therein with matthew paris ) the archbishop being after , by some of his friends , questioned for so doing : confessed , that he fore-saw whatsoever blood and mischief it should cost , ( his title by succession , in the life of his nephew arthur , his elder brother geffry's son , being at that time not able to carry it ) he would endeavour to obtain the crown ; and therefore , the safer way to prevent confusion , was , that the land should rather make him king than he make himself , and that the election would be some tie upon him . or in or by the books ( if extant ) which that king is said to have wrote , entituled leges pro republicâ . d . statuta regalia d. in the epistle which he wrote , ad innocentium papam , contra stephanum langton , archiepiscopum cantuariensem . th . ad stephanum cantuariensem episcopum th . ad innocentium papam , contra barones . th . ad londinenses pro praetor . th . super charta obligatoria . which ( if the devouring teeth of time , or corruptions of their originals , have not met with them ) might , if perused , be believed to make no opposition to that which should be in a well-ordered regal government . or in or by the charter at running mead , called magna charta , & charta de forestae , wrested and enforced from him by a mighty army of too many of the barons of england , with their innumerable adherents , upon m their oaths solemnly taken upon the altars , never to desist , until they had obtained a grant of their laws and liberties , which they pretended to have been violated ; which , saith daniel the historian , might be wished to have been gained by those unruly barons in a better manner . or by any of our laws , or any of the charters or liberties granted by any of our kings or princes before or after . sect . ii. of the indignities , troubles and necessities which were put upon king john , in the enforcing of his charters , by the pope , and his ( then ) domineering clergy of england , joyned with the disobedience and rebellion of some of the barons , encouraged and assisted by them . that unfortunate prince , so ill used by hubert walter , archbishop of canterbury , in the beginning of his reign , and as bad by philip king of france , who had given the honour of knighthood unto arthur the son of king john's elder brother , and taken his homage for anjou , poicteau , touraine , maine , and the dutchy of normandy , with an endeavour to make it the most advantageous for himself , in regard that king john had neglected to do his homage for those provinces , being members of the crown of france . and in the third year of his reign n imposing s. upon every plough-land , for discharge of a dowry of marks to be given in marriage with his niece blanch , the collecting whereof the archbishop of york opposed in his province ; for which , and refusing to come upon summons to his treaty in france , seizing his temporalities , the archbishop interdicted the whole province of york , and excommunicated the sheriff ; into which county the king , with his queen isabel , afterwards making their progress , in their journey towards scotland , and exacting great fines of offenders in his forests , the archbishop his brother refused him wine , and the honour of the bells at beverly . a reconciliation was notwithstanding made betwixt them , by the mediation of four bishops , and as many barons , with a great sum of money , and a promise to reform excesses on both parts : when the king , upon easter after his return from the north , was again crowned at canterbury , and with him his queen , by the archbishop hubert ; and there the earls and barons of england were summoned to be ready with horse and armour , to pass the seas with him presently after whitsontide ; but they holding a conference together at leicester , by a general consent , sent him word , that unless he would render them their rights and liberties , they would not attend him out of the kingdom ; whereupon he required of them security , by the delivering up unto him the principal of their castles , and began with william de albany , for his castle of belvoir , who delivered unto him his son as a pledge , but not the castle . and the king , with the king of france , being after solicited by the popes legate , obtained a subsidy of the fortieth part of all their subjects revenues for one year , by way of alms , to succour the holy lands ; for the levying whereof in england , geffery fitz-peter , justiciar in england , sent out his writs by way of request and perswasion , ( not as of due , or by co-action ) to avoid example . howsoever , the king of france declared for arthur , to whom he married his youngest daughter , required king john to deliver up unto him all his provinces in france , and by a peremptory day summon'd him to appear personally at paris , to answer what should be laid to his charge , and abide the arrest of his court , which he refusing , was by sentence adjudged to lose all which he did hold in france of that crown ; who thus beset with the king of france on the one side , and his nephew arthur and the barons of o anjou on the other , who laid siege to mirabel , defended by eleanor mother of king john , who by her intermedling , turbulent , and unquiet spirit , had done him no good : with great expedition relieved it , by defeating the whole army ; carrying away prisoners earl arthur , hugh le brun , all the barons of anjou , and knights . whereupon , arthur being shortly after murdered in prison , and the deed laid to his charge , with the cruel execution of many of his prisoners , it so exasperated the nobility of britain and poicteau , as they all took arms against him , and summon'd him to answer in the court of justice of the king of france ; which he denying , was condemned to forfeit the dutchy of normandy , which his ancestors had held by the space of years : and of that , and all his other provinces in france , became wholly dispossest . and with that disastrous success returning into england , charged the earls and barons with the reproach of his losses in france , and fined them to pay the fourth part of all their goods , for refusing their aid , to which the feudal laws and their tenures had obliged them . neither spared he the church or commonwealth in the like imposition : of which geffery fitz-peter , justiciar of england , was collector for the laity , and hubert archbishop of canterbury for the clergy . which being not enough to supply his occasions for war in france , ( where great estates of many of the english nobility then lay ) a parliament was convoked at oxford , wherein was granted two marks and a half of every knights f●e for military aid ; the clergy promising to do the like on their part . in anno o. of his reign , another imposition was laid , of the th . part of all the moveables of the clergy and laity , which was again opposed by the archbishop of york , who solemnly accursed the receivers thereof p within his province , and departed out of the kingdom . unto which also was added a miserable breach betwixt legiance and authority ; for hubert archbishop of canterbury being dead , a great controversy happened betwixt the king and the pope , upon the monks of canterbury's ( who were sent about it to rome ) election of stephen langton a cardinal ; who , though an english-man born , had been bred in france , and an adhaerent to that king ; being thus elected , and consecrated by the pope at viterbium in italy , the election of the bishop of norwich , whom the king had procured to be elected , being made void , and those monks and the rest of the agents sent home , with the popes letters , exhorting the king benignly to receive stephen langton ; and charging the monks remaining at canterbury , by virtue of holy obedience , to obey the archbishop in all temporal and spiritual matters : with which the king being greatly displeased , seized upon all which the monks had , who with their prior hasted away to flanders . and writing a sharp letter to the pope concerning the wrong done unto him , in making void the election of gray bishop of norwich , and advancing stephen langton , a man unknown to him ; and which was more to his prejudice , without his consent : gave him to understand , that he would stand for the liberties of his crown to the death ; constantly affirming , that he could not revoke the election of the bishop of norwich , and that if he were not righted therein , he would stop up his passages of his subjects to rome ; and , if necessity required , had in his kingdom of england , and other his dominions , archbishops , bishops , and other prelates , of so sufficient learning , as they needed not to beg justice and judgment of strangers . unto which as angry a letter being returned , and two monks , who were staid at dover , having been sent from rome to demand his assent for the election of stephen langton , admonished him to endeavour to give him and the church their right , and not to cast himself into those difficulties from whence he could not easily release himself : since he in the end must overcome , to whom all knees bow in heaven , earth , and hell , whose vicegerency here below he exercised ; neither was it safe for him to repugn god and the church , for which the glorious martyr and bishop thomas becket shed his bloud : especially since his father and brother , late kings of england , have in the hands of the legates of the apostolick see , abjured ( which the records and memorials of england do with great clearness contradict ) that ( as he pleased to call it ) impious custom . and when he was q informed how the king had proceeded against the church of canterbury sent his mandates to the bishops of ely , london , and worcester , to exhort him to reform himself ; and if they found him contumacious , to interdict the whole kingdom ; and if that would not correct him , would lay a severe hand on him . which they being ready to obey , with tears beseeching him that he would call home the archbishop and the monks of canterbury , and avoid the scandal of interdiction : the king in a great passion against the pope and cardinal , interrupting their speech , swore , that if they , or any other , should dare to put the kingdom under interdiction , he would presently send all the clergy of england to the pope , and confiscate their goods ; and that if any of rome should be found within any part of his land , he would cause their eyes to be put out , their noses cut , ( over fierce punishments long before usually and indifferently inflicted upon offending criminals , laicks and clergy , by our saxon and norman ancestors , much before , and sometimes , since the time of our william the conquerour ) and so sent home , that by those marks they might be known of other nations ; charging the bishops moreover , presently to avoid his presence , as they would avoid their own danger . of which the pope being certified by those bishops , the whole kingdom was shortly after interdicted , all ecclesiastical sacraments and offices ( except confession , extream unction , and baptism of children ) seized , and dead were put into the earth without priest or prayer ; the king by his sheriffs and ministers commanded all prelates and their servants to depart the kingdom , confiscated all the revenues of the bishopricks , abbyes and priories ; many of the prelates getting into the monasteries , as places priviledged . and not forgetting the indignities , hardships , necessities , and ill usages , which had been undutifully put upon him by some of his barons , with the domineering of the pope , his legates and clergy , whilst like a tennis-ball he had been betwixt them tost from one hand , wall and racket to another , with the great oppressions which had been laid upon him by the clergy of one part , and some of his unruly barons on the other ; the discords of the former more encouraging the latter by the popes excommunication , and interdicting his kingdom , did the better to prevent the revolt of his subjects , which might follow upon his breach with the church , send with a military power to all the great men of the kingdom to give pledges for the assurance of their fidelity ; wherein some of them gave satisfaction by sending their sons , nephews , or nearest of kin ; amongst whom william de brause a great baron being sent unto , his lady too sharply giving an answer , before her husband could do it , that the king should have none of her son to keep , that was so ill a keeper of his own brothers son arthur ; but her lord reprehending her for it , returned his answer , that he was ready if he had offended , to satisfy the king without any pledge , according to the judgment of his court , and that of his peers . the king displeased with the londoners , removed his exchequer to northampton , marched with an army to make war against the king of scotland ; and that business appeased , in his return back caused all the inclosures in his forests to be laid open . the pope seeing that he would not yield , proceeded to an excommunication of his person , which did put him into a desperate rage against the clergy , who durst not execute the popes mandate for many days after ; which excommunication of the king was accompanied with that of the emperour otho his nephew , and all the estates of germany and the roman empire were absolved from their obedience and fidelity : but the king having gained great treasure from the iews made a voyage into ireland , where receiving the homage of many , and reducing much of that country to his obedience , ordained the same to be governed by the laws and customs of england ( the contests whereof were not then fully settled ) making the coin and money thereof to be there currant , and leaving john grey bishop of norwich to be justiciar , and there after three months stay returned into wales , which had rebelled ; reduced them to obedience , taking of the children of their best families for pledges : whence returning in the th . year of his reign , he required , and had of every knight that attended not his army in that expedition , two marks ; and at northampton received the popes agents , pandulphus and durandus , who were sent to make a peace betwixt the kingdom and priesthood , ( too many of whom in matters against the king were seldom at odds ) by whose exhortation , and the consideration of the state of the kingdom , he consented that the archbishop , and all the exiled bishops , and monks of canterbury , should in peace return to their own ; but refused to make satisfaction for their goods taken away . they depart unsatisfied , which made the pope more imperious to constrain him to do whatsoever he desired ; and to that end absolved all his subjects upon what occasion soever from all their obedience , strictly forbidding them under pain of excommunication board , councel and conference . who preparing to suppress an insurrection of some of the welsh , had intelligence , that if he proceeded therein , he would either be killed or betrayed ; whereupon he returned to london , required pledges of the nobility , and had them ; eustace de vescy , and robert fitz-walter , being accused of the conspiracy , fled , the one into scotland , the other into france ; and the pope pronouncing the kings absolute deposition from the regal government of the kingdom , wrote to the king of france a perfidious dangerous enemy of king john's ; that as he looked to have remission of his sins , he should take the charge upon him to expel him out of the kingdom of england , and possess the same to him and his heirs for ever ; and sent letters to the s princes and great men of other nations , that they should aid the king of france in the dejection of that contumacious king of england , in revenge of the injuries done to the universal church : granting like remission of their sins , as if they undertook the holy war. the king of france thereupon making great preparations against him , and with that commission the archbishop of canterbury , and the other exiled bishops , with pandulphus the popes legate , being sent unto him : private instructions were given by the pope to pandulphus , his juggling legate , at his returning into england out of the king of france's great army prepared against him , that if , upon the preparation and forces gathered by the king of france for his dejection , he could work the king of england to such conditions as he should propound , absolution and restauration should be granted unto him ; who , thus distressed , t not only granted restitution and satisfaction of whatever had been taken from the archbishop , and monks of canterbury , and the bishops of london , bathe , and lincoln , ( who were fled into france to the archbishop ) but also laid down his crown , scepter , sword , and ring , the ensigns of his regality , at the feet of pandulphus , as a livery and seizin of the kingdom of england to the pope , and submitted himself to the judgment and mercy of the church ; which being , two days after , or , as some have written , six , restored unto him , upon an agreement made at the receiving thereof upon his oath , u non sine dolore , ( saith matthew paris ) tactis sacrosanctis evangeliis , in praesentia pandulphi , se judicio sanctae ecclesiae pariturum , & sexdecim cum eo comites & barones ex potentioribus regni in animam ipsius regis juraverunt : quod si fortè facti paeniteret , ipsi eum pro possibilitate compellerent ; and thereupon , convenerunt decimo tertio die maii , apud doveriam , ( viz. ) die lunae , proximo ante ascensionem domini rex , & pandulphus , cum comitibus , baronibus , & turba multa nimis ( no house of commons certainly ) ubi in pacis formam unanimitèr consenserunt ; and in the king's name , and under his seal , it was declared by the title of iohannes dei gratiâ , ( not of the pope , or people ; ) and four of the barons , ( viz. ) william earl of salisbury , his brother , reginald earl of boloigne , william earl of warren , and william de ferrariis , juraver ant in animam suam , ( i. e. regis ) that they should , bonâ side , in every thing observe that peace and agreement . and he did likewise solemnly and absolutely swear , stare mandato domini papae , to stand to the will and command of the pope , and his legate or legates aforesaid , in all things ; for not doing whereof , he was excommunicated by him ; and that he should not molest stephen archbishop of canterbury , william bishop of london , eustace bishop of ely , giles bishop of hereford , iosceline bishop of bath , hubert bishop of lincoln , the prior and monks of canterbury , robert fitz-walter , ( whose castle of baynard , in or near london , the king had before seized , with all his other lands and estate , proclaiming him a traytor ) and eustace de vescy , with all other clarks and laicks , which had adhaered unto them , but continue in a firm peace and good accord with them ; and should publickly take his oath before the said l gate or his delegate , that he should not hurt , or cause them to be molested in their persons , lands , goods , or estates ; but should receive them into his grace and favour , and pardon all their offences ; not hinder the said archbishops and bishops in their jurisdictions and execution of their office , but they might fully execute their authority as they ought ; and should grant to the pope , archbishops , and bishops , his letters patents thereof , upon oaths to be taken by the bishops , earls , and barons , and their letters patents given , that they would firmly and truly hold and keep the said peace and agreement ; and if he by himself , or others , should infringe it ; they in the behalf of the church , should oppose the violators of the said peace and agrement ; and he should lose the benefit of the custody of their churches , in the vacancy thereof : and if he could not perswade others to keep the last part of the oath , that is to say , by himself , or others should contradict or go against it , they should put in execution the power of the church , and apostolick command ; and did by his letters patents , further oblige himself to quit and renounce all his rights and patronage , which he had in any of the churches of england ; and the said letters patents , should be transmitted and delivered to the said archbishop and bishops , before their coming into england ; the said archbishop and bishops , with a salvo honore dei & ecclesiae , giving caution by their oaths , and letters patents that , neither they , nor any on their behalf , should attempt or do any thing against his person or crown , whilst he observed and secured unto them the peace and agreement as aforesaid ; and as to what was taken from them , should make unto them full restitution , with damages for all that had been done as well to clerks as laicks , intermedling in those affairs , not only as to their goods and estates , but all liberties which should be preserved unto them , and to the archbishop and bishop of lincoln , from the time of their consecrations , and to all others from the time of the aforesaid discords ; nor should there be any hindrance to the living or dead , by any of his grants or promises before made ; neither should he retain any thing by way of service due unto him , but only the services which should hereafter be due unto him ; all clerks and laicks , imprisoned upon that occasion , should be restored to liberty : and the king should presently after absolution given to him , by him that should do it , cause to be delivered to the said archbishop , bishops , and monks of canterbury , l. sterling , in part of restitution of what had been taken from them ; and pay their debts and charges , in returning to england , that is , unto stephen archbishop of canterbury , l. william bishop of london , l. eustace bishop of ely as much , iosceline bishop of bath , and hubert bishop of lincoln , the like several sums of money ; and to the prior and monks of canterbury , l. that as soon as the peace should be allowed , and accepted by them ; he should restore unto them all the moveables which he had taken from them , publickly revoke the interdict or outlamry so called , made and pronounced against ecclesiastical persons , and protest that it did not at all belong unto him so to do ; and that therefore he should not do it , but revoke the outlawing of any of the laity that had taken their part , and remit all that he had received from any ecclesiastical man : praeter regni consuetudinem & ecclesiae libertatem ; and that if any questions should arise concerning the damages done , it should be determined upon proofs by the legate or delegate of the pope : all which being done , the popes sentence and interdict should be taken off and discharged ; and if any doubts should arise touching any other parts of the articles of agreement , and any which were material , or substential , should happen , that could not be determined by the legate or delegates of the pope ; by the peoples consent , they should be referred to the popes arbitration ; and that whatsoever he should decree , might be observed . dated die maii apud doveram . rebus sic expeditis , and the matter so ended and agreed upon ; convenerunt iterum rex x anglorum & pandulphus cum ' proceribus regni apud domum militum templi juxta doveram decimo quinto d●e maii in vigilia dominica ascensionis , ubi idem rex juxta quod romae fuerat sententiarum resignavit coronam suam cum regiis angliae & hiberniae in manu domini papae cujus vices tum gerebat pandulphus memortus factâ autem resignatione dedit papae et ejus successoribus regna praedicta quae & charta confirmavit , in these words , viz. johannes dei gratiâ rex angliae , &c. omnibus christi fidelibus hanc chartam inspecturis , salutem in domino ; universitate vestrae per hanc chartam sigillo nostro munitam , volumus esse notum , quòd cùm deum & matrem nostram sanctam ecclesiam offenderimus in multis , & perindè divinâ misericordiâ plurimùm indigeamus , nec quid dignè offerre possimus pro satisfactione deo , & ecclesiae , debita facienda nisi nosmet ipsos humiliemus & regna nostra ; volentes nos ipsos humiliare , pro illo qui se pro nobis humiliavit usque ad mortem , gratiâ sancti spiritûs inspirante , non vi interdicti , nec timore coacti , sed nostrâ bonâ spontaneâque voluntate , ac communi consilio baronum nostrorum conferimus , & liberè concedimus deo , & sanctis apostolis ejus petro & paulo , & sanctae romanae ecclesiae matronae nostrae ; ac domino papae innocentio , ejusque catholicis successoribus , totum regnum angliae , & totum regnum hiberniae , cum omni jure & pertinentiis suis , pro remissione omnium peccatorum nostrorum , & totius generis nostri , tàm pro vivis quàm pro defunctis , & amodò illa ab eo & ecclesia romana , tanquam secundarius recipientes & tenentes , in praesentiâ prudentis viri pandulphi , domini papae subdiaconi & familiaris . exindè praedicto domino papae innocentio , ejusque catholicis successoribus , & ecclesiae romanae , secundum subscriptam formam fecimus & juravimus , & homagium ligium in praesentiâ pandulphi : si coram domino papa esse poterimus , eidem faciemus : successores nostros , & haeredes de uxore nostrâ in perpetuum obligantes , ut simili modo summo pontifici qui pro tempore fuerit , & ecclesiae romanae ; sine contradictione debeant sidelitatem praestare , & homagium recognoscere . ad indicium autem hujus nostrae perpetuae obligationis & concessionis , volumus & stabilimus , ut de propriis & specialibus redditibus nostris praedictorum regnorum , pro omni servito & consuetudine , quae pro ipsis facere debemus salvis por omnia denariis beati petri , ecclesia romana , mille marcas esterlingorum percipiat annuatim ; in festo scilicet sancti michaelis quingentas marcas , & in pascha quingentas ; septingentas scilicet pro regno angliae , & trecentas pro regno hiberniae . salvis nobis & heredibus nostris , iustitiis , libertatibus , & regalibus nostris . que omnia sicut superscripta sunt , rata esse volentes atque firma ; obligamus nos & successores nostros , c●ntra non venire ; & st nos vel aliquis successorum nastrorum contra hec attentare presumpserit , quicunque ille fuerit , nisi rite commo●itus resipuerit , cadat à jure regni . et hee charta obligationis & concessionis nostre . teste meipso , apud domum militum templi juxta doveram , coram h. dublinensi archiepiscopo , johanni norwicensi episcopo , galfrido filto petri , w. comite sarisberiae , willielmo , comite penbroke , r. comite bononiae , w. comite warenne , s. comite winton , w. comite arundel , w. comite de ferrariis , w. briwere , petro filio hereberti , warino filio geroldi , o ▪ die maii , anno regni nostri quarto decimo . charta itaque regis in scriptum , ut dictum est , redacta , tradidit eam rex pandulpho , romam papae innocentio deferendam ; & continuò cunctis videntibus , homagium fecit subscriptum . ego johannes , dei gratia rex angliae & dominus hiberniae , ab hac hora & in anteà , fidelis ero deo & beato petro & ecclesiae romanae & domino meo papae domino innocentio , ejusque successoribus catholicè intrantibus , non ero in facto , in dicto , consensu vel consilio , ut vitam perdant vel membra , vel mala captione capiantur , eorum damnum , si sic vero , impediam , & remanere faciam , si potero ; alioquin eis , quam citus potero , intimabo , vel tali personae dicam , quam eis credam pro certo dicturam . consilium quod mihi crediderint , per se vel per nuntios suos seu literas suas , secretum tenebo ; & ad eorum damnum nulli pandam me sciente . patrimonium beati petri , & specialiter regnum angliae , & regnum hiberniae adjutor ero ad tenendum & defendendum , contrà omnes homines pro posse meo . sic meo adjuvet deus , & haec sancta evangelia . amen . acta autem sunt haec , ut praedictum est in vigilia dominicae ascencionis , praesentibus episcopis , comitibus & magnatibus supradictis . pandulphus autem pecuniam , quam in arrham subjectionis rex contulerat , sub pede sua conculcavit ; archiepiscopo dolente & reclamantis . after which the nobility refuse to aid the king in his wars to assist the earl of flanders y against the king of france , until he were absolved , and had confirmed unto them their liberties ; whereupon the king ( much against his will ) was constrain'd to submit to the present pressure and necessity , sent to the archbishop of canterbury and the other bishops , who were yet in france , promising them present restitution and satisfaction , under the hands and seals of of his earls and barons , undertaking for the performance thereof according to the form of his charter and agreement made and granted in that behalf ; and the better to prepare them z to give him their assistance , directed the ensuing letter to meet them in these words : rex venerabili in christo patri , s. dei gratiâ cant ' archiepiscopo totius angliae primati , & sanctae romanae ecclesiae cardinali , & omnibus suffraganeis suis episcopis , cum eo existentibus johannes eadem gratiâ rex angliae , &c. mandamus vobis quòd cùm veneritis in angliam scientes quòd jamdiù vos expectavimus , & adventum vestrum desideravimus , unde in occursum vestrum mittimus fideles nostros dominum h. dublin ' archiepiscopum , j. norwici episcopum , w. com' arundel , mattheum filium herberti , w. archidiaconum huntindon , rogantes quatenùs ad nos venire festinetis , sicut praedicti fideles nostri vobis dicent t. meipso apud stoaks episcopi , primo die julii . whereupon pandulphus , with the archbishop and the rest of the exiled clergy , ( upon his confiscation of their estates ) forthwith came over and found him at winchester , who z went forth to meet them , and on his knees with tears received them , beseeching them to have compassion on him , and the kingdom of england ; and being thereupon absolved with great penitence , weeping and compunction , accompanied with the tears of the many beholders ; did swear upon the evangelists to love , defend and maintain holy church and the ministers thereof , to the utmost of his power ; that he would renew the good laws of his predecessors , especially those of king edward , abrogating such as were unjust ; would judge all his subjects according to the just judgment of his court ( which was then , and for many ages before , composed only of the king and his nobility , bishops , and lords spiritual , with his great officers of state , and such assistants as he would please to call unto it ) and that presently upon easter next following he would make plenary satisfaction for whatsoever had been taken from the church . which done , he went to portsmouth , with intention to pass over into france ; committing the government of the kingdom to the bishop of winchester , and jeffrey fitz-peter justiciar , a man of a generous spirit , learned in the laws , and skilful in government ; who were also to take the councel of the archbishop of canterbury . the souldiers being numerous , and wanting money to attend him , desired to be supplied out of his exchequer ; which he refusing to do , or wanting it , in a great rage with his private family , took shipping , and put forth to the isle of jersey ; but seeing none of his nobles and others followed him ( according to their tenures and homage ) was forced , having lost his opportunity of the season , to return into england , where he gathered an army , with intention to chastise the lords , who had so forsaken him , having for the like offence some years before taken by way of fine a great sum of money : quòd noluerunt eum sequi ad partes transmarinas ut haereditatem amissam recuperaret . but the archbishop of canterbury followed him to northampton , urging him that it was against his oath taken at his absolution , to proceed in that manner against any man without the judgment of his court ; to whom the king in great wrath replyed , that he would not defer the business of the kingdom for his pleasure , seeing lay judgment appertained not to him ; and marched to nottingham . the archbishop followed him , and plainly told him , that unless he would desist , he would excommunicate all such as should take arms against any before the releasing of the interdiction , and would not leave him until he had obtained a convenient day for the lords to come to his court , which shortly after they did . and a parliament was assembled at st. pauls in london , wherein the archbishop of canterbury produced the said charter of king henry i. whereby he granted the ancient liberties of the kingdom of england , according to the laws of king edward , with those emendations which his father , by the counsel of his barons , had ratified : upon the reading whereof , gaudio magno valdè , saith matthew paris , they greatly rejoyced , and swore in the presence of the archbishop , that for those liberties , viso tempore congruo si necesse fuerit decertabunt usque ad mortem archiepiscopus promisit eis fidelissimum auxilium suum pro posse suo & sic confederatione facta inter eos colloquium solutum fuit . the pope , advertised of those disturbances , by his bull directed baronibus angliae , ( but not to those bishops displaying the banner of his supposed authority , which had encouraged , and animated , and caused them to persist therein ) stiling those quaestiones novitèr suscitatas grave dispendium parituras , did prohibit , under the pain of excommunication , all conspiracies and insurrections , from the time of the discords inter regnum & sacerdotium , which had been quieted apostolica autoritate , admonished them regem placare & reconciliare exhibentes ei servitia consueta , which they and their predecessors had done unto him and his predecessors ; and if they had any thing to require of him , they should not ask it insolenter , sed cum reverentia , preserving his regal honour and authority , that so they might the more easily obtain what they desired ; and assured them that he would desire the king that he should be kind to them , and admit their just petitions . but the barons persisting in their armed violence and rebellion against the king , notwithstanding that weather-beaten prince had , for shelter , taken upon him the cross and war for the recovery of the holy-land , ( then so called ) the pope in july following sent his bull to the universality of the d barons , bishops , and commonalty of england ; wherein reciting , that the barons had sent their agents unto him , and that he had commanded the archbishops , bishops and archdeacons ut conspirationes & conjurationes praesumptas , from the the time of the discords inter regnum & sacerdotium , that they should apostolic à autoritate forbid them by excommunication to proceed any farther therein , and enjoyn the barons to endeavour to pacifie the king , and reconcile themselves unto him ; and if they had any thing to demand of him , it should be done , conservando sibi regalem honorem exhibendo servitia debita quibus ipse rex non debebat absque judicio spoliari . and that he had commanded the king to be admonished and enjoyned , as he would have remission of his sins , graciously to give them a safe conduct , and receive their just petitions , ita si quod fortè non posset inter eos concordia provenire in curia sua per pares eorum secundum regni consuetudinem atque leges mota deberet discordia barones ipsi sua non expectata responsa , should not presume contra dominum suum arma movere temeritate nefaria , seeing the king had taken upon him the cross for the recovery of the holy-land , so as it might seem quod conspirationem inhierint detestandam ut eum taliter de regno possint ejicere & violare , their homage and fidelity sworn to the king , quod quàm crudele sit , actu & horrendum auditu cum pernitiosi materia sit & causa suis temporibus in audita manifestè cognoscit quicunque judicis utitur ratione ; and therefore , as he ought to make peace for the king of england , who was his vassal , and specially needed his protection , commanded the bishops and their suffragans , that unless the said barons and their adherents should within eight days after the receipt of his bull , or letters , omni cavillatione postposità , surcease their doings , they should excommunicate them omni appellatione remota , interdict their lands , churches and estates , and every sunday publish and declare it , & nè igitur propter quosdam perversos universitatis sinceritas corrumpatur , commanded and exhorted them in remissionem peccatorum injungentes quatenus praefato regi adversus perversores hujusmodi , they should give all fitting aid and favour scientes pro certo quòd si rex ipse remissus esset aut tepidus in ea parte nos ( i. e. papa ) regnum angliae non pateremur in tantam ignominiam deduci cùm sciamus per dei gratiam , & possumus talem insolentiam castigare . but the quarrels going on e more and more , the king sent his procurator or agent to rome , and the discontented barons theirs , who did urge , saith john mauclerc , the king 's trusty agent , in a letter written from thence unto him , that the magnates angliae scilicet boreales , & ut praedicti nuntii dicunt papae omnes barones angliae instantèr supplicant , quòd cùm ipse sit dominus angliae , he should diligently admonish , and , if need should be , compel him to observe the ancient liberties grantted by him and his ancestors charters , and confirmed by his oath ; and did likewise alledge , quòd cùm ille à praedictis baronibus inde requisitus fuisset in epiphaniâ domino apud london spreto proprio juramento non tantum libertates suas antiquas & consuetas eis concedere , contemptuously refused , unless they would promise & etiam per chartas suas darent quod nunquam de caetero tales libertates , from him vel successoribus suis exigerent , quòd omnes barones praeter dominum winthon , & comitem cestriae , & willielmum brewere hoc facere renuerent . supplicaverunt autem domino papae quòd ipse super his eis provideret cùm satis constet ei quòd ipsi audactèr pro libertate ecclesiae ad mandatum suum , would oppose the king , & quod he had granted , an annum redditum domino papae & ecclesiae romanae , and exhibited and done , alios honores , & ei romanae ecclesiae non sponte nec ex devotione , imò ex timore & coactione : who , thus perplexed , assayed all he could to pacifie pope innocent by his letter written unto him , complaining , that the barons of england , who were devoted unto him before he had f surrendred and subjected his realm unto him , had since , for that very reason , as they publickly alledged , ( when it mentioned it to have been done consilio baronum suorum , and many of the principal of them had been witnesses to that dishonourable grant ) taken arms against him , as he expressed it in these words , cum comites & barones angliae , nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curassemus extunc in nos specialiter ab hoc sicut publice dicunt violenter insurgent , earnestly desired his protection , aid and assistance , and sent his agents unto him , to confirm his charters granted to queen berengaria , widow of king richard i. ( g not to deliver or grant any new charter of the kingdom of england , wherein samuel daniel may be understood to have been mistaken , h for mr. pryn in his late historical collections of that king's reign , and matthew paris , i do give no such account of it ; ) whereupon nicholas bishop of tusculan being sent into england , congregavit consilium in urbe londinensi apud sanctum paulum ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad interdicti negotium spectantibus , forty thousand marks were agreed to be paid to the archbishops , and monks of canterbury , and the rest of the exiled clergy : and the bishops of winchester and norwich sureties for thirteen thousand marks of it remaining unpaid . k the king being absolved , the interdict ( which had continued six years , three months , and fourteen days , to the great damage and loss of the church and clergy ) was discharged and l taken off . the barons , notwithstanding that clergy-pacification , assembled themselves at st. edmundsbury , where they consulted of the late produced charter of king henry i. and swore upon the high-altar , that if the king refused to confirm and restore unto them their liberties , they would make war upon him until he had satisfied them therein ; agreed , that after christmas they would petition him for the same , and in the mean time would provide themselves of horse and arms , to be ready if he should start from his oath made at his absolution for the confirmation of those liberties , and compel him to satisfiee their demands . after which time they came in a military manner to the king , lying at the new-temple , urgeing their desires with great vehemency : who seeing their inclinations and resolution , answered , he would take consideration thereof until easter following . howsoever , these lords continued their resolution , mustered their forces at stamford , ( wherein were said to have been knights , besides esquires , with those that served on foot ) and from thence marched towards oxford : from whence the king sending unto them the archbishop of canterbury , william marescal earl of pembroke , to demand of them , what were those laws and liberties which they required ? whereof a schedule being shewed , and by the commissioners delivered to the king , he , after the reading thereof , in great indignation asked , why the barons likewise did not demand the kingdom ? and swore , that he never would grant those liberties whereby to make himself a servant ; upon which answer returned , those barons seizing some of his castles , march'd towards northampton , which they besieged , constituted robert fitz-walter their general , ( whom they stiled m marshal of the army of god and holy church ) took the castle of bedford , whither the londoners sent their private messengers with offers to joyn with them , and deliver up the city to be guarded by them ; unto which they repairing , were joyfully received , and had it delivered unto them , ubi baronibus favebans divites , pauperis obloqui , saith matthew paris , metuebant , from whence ( daily encreasing in the number of their confederates , & à civibus accepta securitate ) they sent their lettess to all the earls , barons and knights which yet adhered to the king , exhorting and threatning them , as they loved themselves , their lives and estates , they should forsake a perjured king , and joyn with them to obtain their liberties , otherwise they would take them for publick enemies , turn their arms against them , destroy their castles , burn their houses , and spoil their lands and estates : the greatest part whereof , upon those threatnings , did so think it to be their safer way to forsake him and their loyalty , as they joyned with them . the king finding himself fere derelictum ab omnibus , and but seven knights ex omni multitudine regia abiding by him timuit valdè , lest the barons in castra sua impetum facientes illa sine difficultate sibi subjugarent , especially when they should find nothing to hinder them , sent william marescal earl of pembroke and others to treat with them ( being then at london ) for a peace , with an offer to grant the laws and liberties demanded ; and thereupon statuerunt regi diem ad colloquium in pratum inter stains & windleshores , o. die junii , where rex & magnates being met , and treating concerning the liberties , and a lasting peace , ( there being with the king , besides pandulphus and stephen archbishop of canterbury , his double-dealing friends , and some few others , in all but twenty-five ) tandem cum in varia sorte tractassent the king vires suas baronum viribus impares intelligens sine difficultate leges & libertates coneessit , & charta sua confirmavit data per manum suam in prato , quod vocatur running-mead , inter stains & windleshores , decimo quinto die junii , anno regni sui decimo septimo . which ( as matthew paris , a monk of st. albans , living not only at the same time , but being historiographer unto king henry iii. his son , privy to many of his affairs , and wrote in the th . year of his reign , hath faithfully related o those passages and proceedings ) was , as to the preamble thereof , ( the exact and full tenor thereof being with it truly mentioned in his book ) in these words : intuitu dei & pro salute animae meae & antecessorum omnium , & haeredum suorum ad honorem dei , exaltationem sanctae ecclesiae , & emendationem p regni sui per concilium stephani archiepiscopi cantuarensis , ( who prepared them , and had incited the pope and barons against him ) & aliorum episcoporum ibi nominat , pandulphi domini papae subdiaconi & familiaris , willielmi marescali comitis pembrochiae , willielmi comitis sarisberiensis , willielmi comitis warrenniae , &c. & aliorum fidelium mera & spontanea voluntate pro me & haeredibus meis deo & liberis hominibus q angliae habendas & tenendas eis & haeredibus suis de me & haeredibus meis ; which our laws ( no other tenure being specified ) will interpret to be in capite . and more at length , as matthew paris hath recorded it , with a salvis archiepiscopis , episcopis , abbatibus , prioribus , templariis , hospitalariis , comitibus , baronibus , militibus , & omnibus aliis tàm ecclesiasticis personis , quàm secularibus libertatibus & liberis consuetudinibus quas prius habuerant ; which gave them a better security in their former liberties than they could claim by the forced and indirect gaining of the latter ; and concluding in the perclose with his testibus , &c. hath these words subjoyned , libertates vero de foresta , & liberae consuetudines quas cum libertatibus praescriptis in una schedula pro sua capacitate continere nequiverimus in charta subscripta continentur , saith matthew paris . in which , not in the modern language , and stile of our acts of parliament , but as charters in the dictates of regal authority , as that of william the conquerour to the citizens of london , and that of dividing the temporal and spiritual jurisdictions , and those of king henry i. king stephen , and henry ii. and all the charters of liberties and priviledges granted by our kings before and since to cities , boroughs , corporations , and lords of manors ; as , the charter of king edward i. to the citizens of london in the th . year of his reign , and of king edward iii. in the th . year of his reign to all the people of england , to be governed by the english laws , in case he should obtain his right to the kingdom of france , and all our preceding laws have used to be . he granted away many of the ancient rights of the crown , made and ordained new laws , as that ( amongst others ) of communia placita nan sequantur curiam nostram , sed teneantur in certo loco ; and that of recovering the king's debts , &c. enlarged some , abrogated others , and gave unto the people greater liberties and immunities then the laws of king edward the confessor , and the charter of king henry i. put altogether , had allowed them ; the original whereof ( or the magna charta of king henry iii. ) remaining in the library of the archbishops of canterbury at lambeth , at the time of the imprisonment of that martyred great anti-papist , william laud , archbishop of that see ; and the ransacking of it preceding his murder , in the reign of that blessed martyr king charles i. by hugh peters , mr. pryn , and some others , thereunto appointed by their rebellious masters the then miscalled parliament , was never after found ; and by it self in a distinct paragraph did follow , as it were , a bond or security given by king john in these words : cùm autem pro deo & ademendationem regni nostri , & ad melius sapiendam discordiam inter nos & barones haec omnia concessimus volentes in integra & firma stabilitate gauderi facimus & concedimus securieatem subscriptam , ( viz. ) that the barons should elect twenty-five barons of the realm , who should be conservators thereof , & pro totis viribur suis observare , tenere , & facere observari pacem & libertates quas eis concessimus , and correct the king's defaults in government . of which number s gilbert de clare , earl of gloucester and hertford , was one , with a power , that if the king or his chief-justiciar , should trangress in any articles of the laws , it should be lawful for any four of them , after forty days notice given to him , or his chief-justiciar , and no amendment , to complain to the rest , and joyning with them and the people , to distrain and compel him , with a salvâ personâ regis only , & reginae , & liberorum suorum . et isti o. barones juraverunt in animabus suis rege hoc disponente quod omni instantia his obsequerentur , & regem cogerent si fortè rescipisci vellet tenere sequentes , ( and the earls of gloucester , arundel , and warren , with thirty-four other barons , and great men ) juraverunt to obey the commands of the twenty-five barons , and all that would might swear to assist them and the people , cùm communia totius terrae might gravare eum cum eis , and to that end those conservators should have his castles of killingworth , northampton , nottingham , and scarborough , and the castellanies or governours sworn to obey them ; and after a general pardon granted to them , and all their adhaerents , mutual oaths should be taken on both sides , in solemn manner , for the inviolable observing the articles , and the king's letters patents sent to all the sheriffs of the kingdom , to cause all men ( of what degree soever ) within their several shires to swear to observe those laws and liberties granted by his charter , and was compell'd so far to suffer those conservators to proceed in their conservatorships , as in the same yearthey took their oaths to perform those their new offices , the earls of arundel , gloucester , and warren , with hubert de burgh , and many barons and great men , took their oaths also to obey and assist them . but in the mean time gloucester and spencer , being the chief of the twenty-four conservators , did draw the entire managing of the kingdom into their own hands , compel the king to summon a great councel at london , where the authority of the twenty-four conservators was deliver'd over unto themselves , and it was ordained , that three of them at the least should attend at the court , to dispose of the custody of the castles , and other business of the kingdom , with those of the chancellor , justiciar , and treasurer , and of all offices great and small , and bound the king to loose and renounce to them their legal obedience , whensoever he should infringe his charters ; which might , as unto a great part of them , be certainly believed to have been the very spawn and breed of those ( long-after-reviv'd ) high and mighty nineteen propositions which were endeavour'd to have been enforced upon the late blessed martyr king charles , and of the late design'd association in the reign of his son king charles ii. but that hoped pacification being made ( saith the historian ) jealousies and discontents did again kindle , and break out on both sides ; the one part to keep what they had undutifully gained , and the other to get loose of what for fear he had too much yielded unto ; the king wanting none to enflame the perturbations , and anguish of his mind to tell him , that he was now a king without a kingdom , a lord without dominion , and a subject of his subjects , the discords , like a wound or sore ill-cur'd , fester'd again , and broke out . sect . iii. of the succeeding jealousies , animosities , troubles and contests betwixt king john and his over-jealous barons , after the granting of his charters , and his other transactions and agreements with them at their tumultuous meeting at running-mead , with the ill usages which he had before received of them , during all the time of his reign . he retir'd into the isle of wight , whence by agents sent to rome he procured a definitive sentence to condemn and nullifie what was done , and the pope's excommunication of the barons , who kept about the city of london , and under colour of tournments , and other martial exercises , invited as many other as they could to their assistance , but did not seek to surprize his person , or intercept his agents , although they had strength to do it , but only to enjoy those liberties which they had spoiled and discredited by gaining them by violence : wherein the fear of the power of an enraged prince made them the more desperately careful to defend themselves , and finish their designs , whilst the king tarried three months in the isle of wight ; whence the bishop of worcester , chancellor of england , bishop of norwich , with others , were sent with his seal to procure foreign forces , and to bring them to dover ; whither , after some small prizes taken by him , and he returning , his agents abroad brought him an army of foreigners from gascony , lovaine , poicteau , and brabant , ( many of them being his french subjects , with whose help , notwithstanding the loss of men , women and children , who were drowned at sea as they were bringing unto him by hubert de burgh from calice . he besieged and took rochester castle , marched over most part of the kingdom , and within half a year got in all the barons castles even to the borders of scotland , and was master of all england except the city of london , which he would not adventure upon , in regard of the barons united forces which lay near unto it ; marched to st. albans , where he proclaimed the pope's excommunication of the barons ; who seeing themselves and their wives and children like to be ruined , and depriv'd of their estates , ( which were given away to strangers ) desperately fell into another extreme , solicited lewis the french king's son to take upon him the crown of england , wherein they promised by a free election to invest him , and to send pledges for the performance ; which message being well received , a parliament was called at lyons by philip the father of lewis , and the business resolved upon , whilst lewis , besides the hop'd-for the title of election , ( by those trusty conservators of the peoples liberties , for their own particular interest more than the peoples ) supposed that he had another title from his wife blanch , daughter of the sister of the prosecuted king. in whose behalf the pope wrote to the king of france , not to invade the king of england , but rather to defend him , in regard he was a vassal of the roman church , and the kingdom , by reason of dominion , appertaining unto it ; whereunto the king of france answered , ( probably by the advice of the contending english baronage ) that the kingdom of england never was , nor is , nor ever shall be , the patrimony of st. peter ; that king john was never lawfull king thereof ; and if he were , he had forfeited it , by the murder of his nephew arthur , for which he was condemned in his court , and could not give it away without the consent of the barons , who were bound in an oath to defend the same ; and if the pope should maintain this errour , it would be a pernicious example . wherewith the pope's agents u departing unsatisfied , lewis sent his commissioners to rome to declare his rights , and justifie his undertaking ; sets forth from callis with ships , and other vessels , and landed with his army at sandwich , king iohn being then at dover ; who upon notice of his great power , and distrusting his mercenaries , committed the keeping of dover castle to hubert de burgh , forsook the field , and with it himself , and retired , first to worcester , and after to gloucester ; whereby lewis having subdued the whole county of kent , ( dover excepted ) came to london , where he was joyfully received of the barons , and ( upon his oath taken to restore their laws , and recover their rights ) had homage and fealty done unto him . guallo the pope's agent follow'd the king to gloucester , shews him the pope's care of him , pronounced excommunication against lewis , and all that took part with him ; notwithstanding which small comforts , in so many and great extremeties pressing hard upon him , most of his mercenaries left him , and either returned into their own countreys with such spoils as they had gotten , or betook themselves to the service of their countrey-men ; but he was not yet so forsaken , for that he had power enough to infest , though not to subdue his enemies , and some faith was found amongst many of his subjects , that well executed their trusts . dover castle , with a small company , held out against all the force which lewis could bring against it ; windsor castle did the like against the barons ; nottingham and lincoln castles made resolute resistance . the most fertil places of the kingdom , as about gloucester , the marches of wales , lincolnshire , cambridgeshire , norfolk , suffolk , essex , kent , and all about london , were the stages of the war , and the ruins of the kingdom were every where heard and felt ; which continuing all that summer , about the latter-end of october then next following , that distressed king , oppressed with as many sorrows as enemies , and a grief conceived for the loss of his carriages , and other necessaries of war , sunk in the sands passing the washes betwixt lyn and boston , fell sick of a burning feaver , taken ( as some writers have recorded it ) by a surfeit of eating peaches , and drinking new ale out of a cup , with the venom prick'd out of a toad put into it , given him by a monk at swinsted abbey in lincolnshire ; who , after leave given by the abbot , and assoiled or absolved from the doing thereof , was content to poyson himself , as he did ; and bringing the cup unto the king , sitting at meat , said , wassail , for never in all your lyfe drancke yee of so goode a cuppe ; to whom the king said , drincke monch ; which he doing , and the king having drunk a great draught , did set down the cup. the monk retired into the infirmatory , where his bowels brake assunder ; the king finding himself ill at ease , and his belly beginning to swell , and being told that the monk was dead , commanded the x table to be taken away , and a truss to be provided for him ; of which , vulgata fama , ranulphus cestrensis , henry de knighton , the book of st. albans , printed by caxton in the year y . in his chronicle , and mr. william pryn in his late history of the pope's usurpations in england in the reign of king john , have given a probable account , though many of the monks , and the then romish clergy , fatned and grown great by the pope's and their extravagant and never-to-be-proved authority over kings and kingdoms , were so unwilling to acknowledge it , as they did all they could to stifle and over-cast with lies the truth of it . whence , in great weakness , he ( who was so little enclined to paganism , or the religion of miramolin king of africk , morocco , and spain , or guilty of sending embassadors unto him ( after or before the surrender of his kingdoms to the pope ) with an offer to be his tributary , z and of his religion , of which , saith mr. pryn , upon a most diligent search , no vestigia or manner of evidence is to be found amongst the records of this kingdom , it being a meer scandal and slanderous invective forged against him , to make him odious ) was conveyed to newark ; where , after he had received the eucharist , and taken order for the succession of his son henry , he departed this life , and was buried at worcester ; and such a care was taken by the abbot of swinsted for the safety of the poysoning monk's soul , as five monks ( until the dissolution of that abbey , which was years after ) were from time to time stipended to sing a requiem for it . sect . iv. the many affronts , insolencies and ill usages suffered by king henry iii. until the granting of his magna charta and charta de forestae . which tragical end of king john , although it much altered the state of the kingdom , yet not as to the miseries and troubles thereof ; for king henry his son being solemnly crowned , as a king by succession , and not election , was committed to the care and tutelage of marescal earl of * pembroke , as good and wise as he was great , a main pillar of the father , and a preserver of the crown to his son ; who , with guallo the pope's legate , the bishops of winchester , bath and worcester , did work all means to bring the barons to an accord , excommunicated lewis and his adhaerents ; and caused great satisfaction in the minds of some who before were disgusted with the insolency of the french , and the more upon the confession of one of the nobility of france , who upon his death-bed ( touch'd with compunction , revealed the intention of lewis to enslave or extinguish the english nation , whom he thought not fit to be trusted , in regard that they had forsaken their sovereign lord ; which wrought so great an aversion in the english , as they who before were afraid for the shame of inconstancy , and the danger of their sons and pledges carried into france , and there remaining , did now resolve to relinquish their homage and sworn fidelity , and forsake him , and made as much hast to send him out of england , as they did to call him into it : so as after a years trouble with his wars and depraedations , and all the help the city of london could give him , he was enforced to come to an accord , quit the kingdom , take marks for the charges of his voyage , abjure his claim to the kingdom , promise by oath to procure ( as far as in him lay ) his father to restore all such provinces in france as appertained to the crown of england , and when he came to be king , to resign them in a peaceable manner . king henry taking an oath , and for him the legate and protector , to restore to the barons and other his subjects all their rights and heritages , with their liberties , for which the discords began between the late king and his people ; whereupon a general pardon was granted , and all prisoners freed on both sides . lewis , after so long abode with his army in england , being honourably attended to dover , departed the kingdom , and about michaelmas after , upon the death of his father , was received , and crowned king of france ; and guallo the legate ( well paid for his negotiation ) returning to rome , carried with him marks , ( a great sum of money in those times ; ) and no sooner had that provident protector of the kingdom the earl of pembroke * quieted the many troubles of the nation , but ( as much wanted as greatly lamented by the people ) he dyed . the bishop of winchester , with many other great councellors , being made protectors of the young king and his kingdoms , but the king of france being after requested to make restitution of what he had usurped , answered , that what he had gotten by the forfeiture of king john , upon an accusation of murdering his nephew arthur , right heir to the crown of england , he would hold . howsoever , peace being made with scotland , to whose king the king's sister being married , wales revolted , and an insurrection being made in ireland , did put the king to much trouble and charge ; who being come to some years of understanding , was in a parliament holden at london put in mind by the archbishop of canterbury , in the behalf of the state , of his oath made , and taken by others for him , upon the peace made with lewis , for confirmation of the liberties of the kingdom , for which the war was begun with his father , without which the whole state would again fall assunder ; and they would have him to know it betimes , to avoid those miserable inconveniencies which might happen : william brewere a councellor urging it to have been acted by constraint , and therefore not to be performed ; notwithstanding which , it was at that time ( being the th . year of his reign ) promised by the king to be ratified , and a commission was granted by writs unto twelve knights in every shire , to examine , what were the laws and liberties which the kingdom enjoyed under his grandfather , and return the same by a certain day ; which ( saith the learned and judicious sir henry spelman ) were never returned , or could not be found . in the mean time , the earls of albemarl , chester , and divers of the nobility , assemble together at leicester , with intent to remove from the king hubert de burgh chief-justiciar , and other officers , that hindred their motion ; but the archbishop of canterbury by his spiritual power , and the rest of the nobility , being careful to preserve the peace of the kingdom , stood to the king , and would not suffer them to proceed therein : so as they were constrained to come in and submit themselves ; and the king in parliament resumed such alienations as had been made of the lands appertaining to the crown by any of his ancestors , to the end he might live of his own , and not be chargable to the people . the next year after ( being the th . year of his reign ) * another parliament was holden at westminster , where the king required the fiftieth part of all the movables both of the clergy and laity , ( but mat. paris more probably saith the fifteenth ) for the recovering of those parts in france which had been held from the crown , being one and the same which is said in magna charta to have been granted as a grateful acknowledgment for the grant of their liberties ; which , though it concerned the estates of most of the nobility that had lands therein , would not be yielded unto , but upon confirmation of their liberties , atque his in hunc diem prosecutis archiepiscopus & concilio tota episcoporum , comitum & priorum habita deliberatione regi dedere responsum quod regis petitionibus gratunter ad quiescerent , si illas diu petitas libertates concedere voluisset , annuit itaque rex cupiditate ductus quod petebant magnates chartisque protinus conscriptis & regis sigillo munitis , ( in the next year after , * for the charters themselves bear date in the th . year of his reign ; ) and the several charters , or copies thereof , were sent to the sheriffs of every county , and twelve knights were out of every county chosen to divide the old forests from the new , and lay open all such as had been afforested since the first coronation of king henry ii. although at the same time , or a little before or after it , some of the nobility who had formerly crowned lewis of france king , and had been the cause of king john's death , ( for which they were banished the realm ) endeavouring to return into england , and to set up again the french king's interest , and domineer over the king and his faithful councellors , * by circumventing pope * honorius ; hubert de burgh , chief-justice of england the earl of chester , and seven other of the king's councellors , sent an epistle to the pope , desiring him to assist the king and them , and prevent those dangerous plots and designs . and the king having sent also his proctors to rome upon the like occasion , they returned him an account of a new confederacy * betwixt his discontented barons and the french king to invade england ; and dispossess him of the crown thereof ; adding thereunto , quod gallici praedicabant omnibus quod majores angliae * obsides offerebant de reddendo si●i terram ●um primo venire curaret ad illam adjicientes . si a●iquid in curia romana contra voluntatem regis franciae attemptaretur incontmenter rex transfretaret in angliam . nor could any such authority accrue to them , in or by those charters called magna charta , and charta forestae , granted by king henry iii. his son , which were in very many things but the exmeplaria or patterns of that of king john in the like method and tenour , containing very many liberties and great priviledges which were by king henry iii. ( as those charters do declare ) of his own free accord granted and confirmed in the th . year of his reign , * to his subjects , and people of england , liberis hominibus , free-men or free-holders , ( for otherwise it would have comprehended those multitudes of villains , bondmen and bond-women which the nation did then and long after employ and make use of , and those very many men accounted by the laws of england to be as dead men , viz. monks , fryers , priors and abbots ) to be holden to them and their heirs of him and his heirs for ever . but in those charters , or his confirmation of them , in the st . and th . year of his reign , could not procure to be inserted or recorded those clauses which they had by their terrours gained from his father in these words , viz. nullum scutagium vel auxilium ponam in regno nostro nisi per commune consilium regni nostri ad corpis , nostrum redimendum & ad primogenitum filium nostrum militem faciendum & ad primogenitam filiam nostram semel maritandam & ad hoc non fiet nisi rationabile auxilium simili modo fiat de auxiliis de civitate londinensi quod omnes aliae civitates , & burgi & villae & barones de quinque portubus & omnes portus habeant omnes libertates & omnes liberas consuetudines suas . et ad habendum commune concilium regni de auxiliis assidendis aliter quam in tribus casibus praedictis & scutagiis assidendis submoneri faciemus archiepiscopos , episcopos , abbates , comites , & majores barones regni singillatim per literas nostras . et praetereà faciemus submoneri in generali per vicecomites & ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem scilicet ad terminum quadraginta dierum ad minus , & ad certum locum in omnibus literis submonitionis illius causam submonitionis illius exponemus , & sic facta submonitione negotium procedat ad diem assignatum secundum consilium eorum qui praesentes fuerint quamvis non omnes submoniti . nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum , & ad faciendum primogenitum filium suum militem , & ad primogenitam filiam suam semel maritandam & ad hoc non fiat nisi rationabile auxilium ; but were constrained to omit altogether , and forgo those clauses and provisions , which being crowded into king john's charter , were never either granted or confirmed by king henry iii. edward i. or any of our succeeding kings ; nor , as * sir henry spelman , repeating the same omissions , saith , is therein that of paying the debts of the deceased , ( probably of those that died leaving their heirs in ward ) to the jews and others ; although matthew paris so much mistakes , as to affirm that those charters of king john and his son henry iii. were * in nullo dissimiles . which well-interpreted could signifie no more , than that king john in his great necessities and troubles pressing upon his tenants in capite , the great lords and others , by taxing them proportionably according to their knights fees , they endeavoured by those charters all that they could to restrain him from any such assesments which should go further then a reasonable aid , unless in the cases there excepted ; and aim'd at no more , then that a common-councel ( which was not then called a * parliament ) should be summon'd ( not annually ) of all archbishops , bishops , abbots , earls , and greater barons ; and all the tenants in capite , being those that were most concerned therein , ( nor as our parliaments now , but only as to their aids and services , as tenants in capite ) were upon forty days notice to appear at the same time and place , given in general by the king's sheriffs and bailiffs , & sic factâ submonitione negotium procedat ad diem assignatam secundum * consilium eorum qui prae sentes fuerint , quamvis non omnes submoniti venerint , and could not be intended of our now house of commons in parliament , many years after ( first of all , and never before ) introduced or constituted : that praefiction of forty days probably first creating that opinion , which ( can never arrive unto any more then ) that every summons of such a councel or meeting was to be upon so many days notice or warning ; which mr. pryn , upon an exact observation of succeeding parliaments , hath found to be otherwise : * much of the boisterousness , haughty , and long after unquiet minds of some of those unruly barons being to be attributed to the over-strained promises and obligations of william the conquerour , ( before he was so ) to his normans , and other nations that adventured with him , upon an agreement and ordinance made in normandy before his putting to sea , ( which the king of france had in the mean time , upon charges and great allowances made unto him , undertaken to guard ) and long after , by the command of king edward iii. then warring in france in the th . year of his reign , was by sir barth . burghersh and others sent from thence in the presence of the keeper or guardian of england , and the whole estate declared in parliament as a matter of new discovery , and designs of the french happened in the traverse and success of those wars ; which probably might make the posterity of some of them ( although the ancestors of most of them had been abundantly recompenced by large shares of the conquest , gifts and honours granted by the conquerour , to a more than competent satiety , extended to the then lower ranks of his servants , souldiers , or followers ; as , that to de ferrariis , the head afterwards , and chief of a greater estate and family in england than they had in normandy ; and might be the occasion of that over-lofty answer of john de warrennis earl of surrey , in his answer to some of the justices in eyre , in the reign of king edward i. when demanded by what warrant he did hold some of his lands and liberties ? he , drawing out a rusty sword , ( which he did either wear , or had brought with him for that purpose , said , by that which he helped william the conquerour to subdue england ) so greatly to mistake themselves , as to think ( which the lineage of the famous strongbow earl of pembroke , and some eminent families of wales in the after-conquest of ireland , never adventured to do ) that the ancestors of them and others , that left their lesser estates in nòrmandy , to gain a greater in england to be added thereunto , had not come as subjects to their duke and leige-lord , but fellow-sharers and partners with him ; which they durst not ever after claim in his life-time , or the life of any of his successors before , in the greatest advantages they had of them , or the many storms and tempests of state which befel them ; but might be well content , as the words of the ordinance it self do express , * that they and their progenies should acknowledge a sovereignty unto the conquerour , their duke and king , and yield an obedience unto him and his far-fam'd posterity , as their first and continued benefactors . and those their liberties and priviledges freely granted by those charters , and not otherwise to be claimed ) were so welcome , and greatly to be esteemed by the then subjects of england * as they returned him their gratitude and thankfulness for them , in a contribution of the fifteenth part of all their moveables , with an attestation and testimony of the wiser , more noble , and powerful part of the kingdom , ( viz. the archbishop of canterbury , eleven other bishops , nineteen abbots , hubert de burgh chief-justice , ten earls , john constable of chester , and twenty-one barons , men of might and great estates ; amongst which there were of the contending and opposite party , robert fitz walter , ( who had been general of the army raised and fighting against his father ) the earls of warren , hereford , derby , warwick , chester , and albemarl , the barons of vipont and lisle , william de brewere , and gilbert de clare earl of gloucester and hertford , who afterwards fought against that king , and helped to take him prisoner , ) that those charters were given and granted unto them , and other his subjects the free-men of his kingdom , of his own free will and accord . and as to that of being not * condemned without answer or tryal , ( which in the infancy of the world was by the creator of all mankind recommended to its imitation , as the most excellent rule and pattern of justice , in the tryal and sentence of adam and eve in paradise ) are not to be found enacted or granted in king edward the confessor's laws , or the charters or laws of king henry i. the people of england having no ( or little ) reason much to value or relie upon the aforesaid charters of king john , gained indirectly , by force , about two years after his as aforesaid constrained resignation of his kingdom of england , and dominion of ireland , to hold of the pope , and church of rome , by an yearly tribute , being not much above thirty years before , and not then gone out of memory . sect . v. of the continued unhappy iealousies , troubles , and discords betwixt the discontented and ambitious barons , and king henry iii. after the granting of his magna charta and charta de forestâ . almost two years after which , the king in a parliament at oxford declaring himself to be of full age , and free to dispose of the affairs of the kingdom , cancelled and annulled the charter of the forests , as granted in his non-age , when he had no power of himself , or his seal , and therefore of no validity ; caused a proclamation to be made , that both the clergy and laity that would enjoy their liberties , should renew their charters , and have them confirmed under his new seal , paying for them according to the will of hubert de burgh , his chief-justiciar , upon whom was laid the blame of that matter ; and shortly after , the king and his brother , richard earl of cornwal , being at discord about the castle of barkhamstead , which the earl claimed to belong to his earldom ; and the earl being threatned to be arrested , fled to marlborough , where the discontented lords joyning unto him , did cause an insurrection , and required restitution to be made , without delay , of the liberties of the forests , cancelled at oxford ; otherwise he should be thereunto constrained by the sword. in anno o. of his reign , a parliament was assembled at northampton , where an agreement was made , and the lands of the earls of britain and bologne restored unto them . in the th . year of his reign , although he put out hubert de burgh , chief-justice of england , ( in which office much of the business of the lord treasurer were in those times concentered ) and severely called him to an account for debts due to him and his father , * rents and profits of all his demesne lands , since the death of william marescal earl of pembroke , in england , wales , ireland and poicteau , of the liberties of forests , warrens , county-courts , and other places , qualitèr custodiae sint vel alienatae , de priis factis pro jure suo relaxando tam in terris quàm in nobilibus , of wasts made sine commodo ipsius regis tam per guerram quam alio modo , of liberties given unto him , bishopricks and custodies , without warrant , quae pertinent ad dominum regem , of wrongs and damages done to the pope's legates and clarks , contra voluntatem domini regis per auctoritatem ipsius huberti tunc iusticiarii qui nullum concilium voluit apponere ut illa corrigerentur quod facere tenebatur ratione officii sui , de pace regis qualiter sit custodita , as well concerning homines terrae suae angliae , hyberniae , gasconiae , & pictaviae , quàm alios extraneos , de scutagiis , carucagiis , donis , & xeniis , sive custodiarum exitibus spectantibus ad coronam de maritagiis ; which he had by grant of king john the day that he dyed , & de aliis maritagis sibi traditis tempore suo & de ipsis quae ipse rex amisit per negligentiam ipsius huberti ; and so fiercely prosecuted him , as he caused him by force to be dragged from the altar in the sanctuary , imprisoned , and , as sir henry spelman saith , did afterwards charge stephen segrave with many of the like , and displaced him : yet the lords threatned , not to come to his councel , unless he would reform his errors . and in the th . year of his reign , a parliament was summon'd at oxford , whither they likewise refused to come , because they were despised by strangers ; whereupon it was decreed that they should be a second or third time summon'd , to try if they would come . after which , those refractory lords were summoned to come to a parliament at westminster , whither they denyed also to come , unless he would remove the bishop of winchester , and * the poictovins from his court ; otherwise by the common-councel of the kingdom , they sent him express word , they would expel him and his evil councellors out of the land , and deal for the creation of a new king ; whereupon pledges being required of the nobility , for security of their allegiance , no act passed in that parliament , though divers lords came thither , as the earls of cornwal , lincoln , ferrers , and others ; but in regard that the earl-marshal , the lord gilbert basset and others were not present , writs were sent to all that held by knights-service to repair to the king at gloucester by a certain day ; whither the earl-marshal and his associates refusing to come , the king , without the judgment of their peers , caused them to be proclaimed outlaws . anno o. of his reign , after two years troubles and misery , a parliament was assembled at westminster , where the king consented to call back the dis-herited lords , upon the bishops threatning to excommunicate him and his evil councellors . anno o. henry iii. a parliament was assembled at london , which the king would have there to be holden , but the barons would not come , unless it might be another place ; whereupon a place of more freedom was propounded , where many things were proposed , and order taken that all sheriffs should be removed from their offices upon complaint of corruption , and others of more integrity put in their rooms , upon their oaths not to take any gifts . when the king offering to take away the great seal of england from the bishop of chichester , * he refused to deliver it , saying , he received it by the common-councel of the kingdom , and without their assent he would not resign it . a parliament was held at london , anno o. henry iii. wherein he required the thirtieth part of the movables as well of the laity as clergy ; but it was alledged , that the people were unwilling to have it given to aliens ; whereupon the king promiseth * never more to injure the nobility , so that they would relieve him at the present , for that his treasure was exhausted ; * to which they plainly answer , that the same was done without their counsel ; neither ought they to be partakers of the punishment , who were free from the fault . howsoever , after four days consultation , the king promising to use the counsel of his natural-born subjects , and freely granting the inviolable observation of their liberties under pain of excommunication , had yielded to him the thirtieth part of all their movables , ( reserving their ready coyn , horse and armour , to be employ'd for the defence of the commonwealth ) which was ordained to be collected by four knights of every shire , who should upon their oaths receive and deliver the same into some abbey or castle , there to be reserved , that if the king should not perform his promises , it might be again restored ; upon condition often annexed , that the king should leave the counsel of aliens , and only make use of his natural subjects . yet , although he caused the earls warren and ferrers , and john fitz-geffry , to be sworn of his councel , that could not reach to a satisfaction of those that were not so willing as they ought to be satisfied : when the king also , in performance of his promise to the bishops and nobles , had in that parliament , for the salvation of his soul , and exaltation of the church , ( being of full age ) re-confirm'd the great charter of the liberties of the forests , attested by twelve bishops , eight earls , and symon de montford , and william longspee , twenty-six barons and great men , notwithstanding they were granted during his minority : complaints were made of the wast and profusion of his treasure , and great sums of money raised in his time ; and that the orders concluded in parliament were not observed , in the levying and disposing of the subsidy ; and over-strict courses had been taken in the valuation of mens estates ; william valence , the queens uncle , was grown the only man with him , and nothing was done without him ; the earl of provence , his father , ( a poor prince ) was invited to come into england , to participate of the treasure and riches thereof ; symon de montfort , a french - man born , banished out of france by queen blanch , was entertained in england , preferred secretly in marriage with the king's sister ; widow of william earl of pembroke ; the great marshal made earl of leicester , ( and steward of england ) in the right of his mother amice , daughter of blanchmains earl of leicester : which incensing many of the nobility , and in them not a few of the common people , did begin to raise a commotion , wherein they procured richard earl of cornwal , brother to the king , and heir-apparent , ( the king having then no child ) to head their party , and manage their grievances ; which , amongst many pretended , were , that he despised the counsel of his natural subjects , and followed that of the pope's legate , as if he had been the pope's feudatory ; upon which harsh remonstrance , the king having sent to sound the affections of the londoners , found them to be against him . summoned a parliament in the d . year of his reign at london , whither the lords came armed , both for their own safety , and to constrain him , if he refused , to the keeping of his promises , and reformation of his courses ; wherein , after many debatements , the king taking his oath to refer the business according to the order of certain grave men of the kingdom , articles were drawn , sealed , and publickly set up , under the seals of the legate , and divers great men ; but before any thing could be effected , symon montfort working a peace for himself with the earls of cornwal and lincoln , with whom he and the other barons had been before displeased , the earl grew cold in the business ; which the other lords perceiving , nothing more was at that time done . symon norman , called master of the king's seal , and said to be governour of the affairs of the kingdom , had the seal taken from him , and some others whom the nobility maligned , displaced . and in the same year an assassinate attempting to kill the king as he was in bed , instigated thereunto by * william de marisco the son of jeffrey de marisco , was for the fact drawn in pieces with horses , and afterwards hang'd and quarter'd . and some years after , the king having a son born , ( his brother the earl of cornwal having likewise issue ) did , by permission of the state , which before he could not obtain , undertake the cross , and with him the earl of salisbury , and many other noblemen . the earl of march , the queen-mother , and certain lords of poicteau , incited the king to make a war with france ; to which some of the english , who claimed estates therein , were very willing ; but the matter being moved in parliament , a general opposition was made against it , the great expences thereof , and the ill suceess it lately had ; and it was vehemently urged , that it was unlawful to break the truce made with the king of france , who was now too strong for them ; notwithstanding , many of the peers , in the hopes of recovering their estates , so prevailed , as an aid demanded for the same was granted ; but so ill resented by others , as all the king's supplies , from the beginning of his reign , were particularly and opprobriously remembred , as the thirteenth , fifteenth , sixteenth , thirtieth and fortieth part of all mens movables , besides carucage , hydage , escuage , escheats , amerciaments , and the like , which would , as they said , be enough to fill his coffers ; in which considerations also , and reckonings , with the pope's continual exactions , and the infinite charge of those who undertook the holy war , were not omitted ; besides , it was declared , how the thirtieth lately levyed , being ordered to be kept in certain castles , and not to be issued but by the allowance of some of the peers , was yet unspent , the king no necessary occasion for it for the use of the commonwealth , for which it was granted ; and therefore resolutely denyed to grant any more ; whereupon he came himself to the parliament , and in a submissive manner craving their aid , urged the popes letter to perswade them thereunto ; but by a vow made unto each other , all that was said was not able to remove their resolutions , insomuch as he was driven to get what he could of particular men , by gifts , or loans ; and took so great a care of his poorer subjects , at or about the same time , as he did by his writ in the d . year of his reign command william de haverhul and edward fitz-odo , that upon friday next after the feast of st. matthias , being the anniversary of eleanor queen of scotland his sister , they should cause to be fed as many poor as might be entertained in the greater hall of westminster ; and did in the same year by another writ command the said william de haverhull to feed poor at st. peters in london on the feast-day of the conversion of st. peter , and poor upon monday next after the feast of st. lucie the virgin in the great hall at westminster ; and for quiet at home whilst he should be absent in france , contracted a marriage betwixt his youngest daughter margaret , and alexander eldest son of alexander iii. king of scotland ; but his expedition in france not succeeding , his treasure consumed upon strangers , the english nobility discontented , and by the poictovins deceiving his trust , in their not supplying him with money : he was , after more than a years stay , ( the lords of england leaving him ) constrained to make a dishonourable truce with the king of france , and to return , having been relieved with much provisions out of england , and impositions for escuage , a parliament was in the th . year of his reign assembled at westminster , wherein his wars , the revolt of wales and scotland , who joyned together , and the present occasions of the necessary defence of the kingdom , being pressed , nothing could be effected without the assurance of reformation , and the due execution of laws ; whereupon he came again himself in person , and pleaded his own necessities ; but that produced no more than a desire of theirs , a to have ordained , that four of the most grave and discreet peers should be chosen as conservators of the kingdom , and sworn of the kings council both to see justice observed , and the treasure issued , and ever attend about him , or at least three or two of them : that the lord chief-justiciar and lord chancellor should be chosen by the general voices of the states assembled , or else be of the number of those four ; and that there might be two justices of the benches , two barons of the exchequer , and one justice for the jews ; and those likewise to be chosen by parliament , that as their function was publick , so should also be their election . at which time the pope sending his legate with a large power to exact money for himself , his agent was disgracefully returned , with an answer , that the kingdom was poor , the church in debt , and it was of a dangerous consequence to the state to be exposed to the will of the pope ; and therefore seeing a general councel was shortly to be held at lyons , if the church would be relieved , it were fit to be done by a general consent of that councel . and the emperour frederick at the same time , by his letters to the king , which were openly read , desiring , as he had often before , that the pope might have no supplies ou of england ; for that therewith he did oppress him , by seizing upon his castles and cities appertaining to the empire : notwithstanding his often submissions , desire of peace , and offers to refer the cause to the arbitration of the kings of england and france , and the baronage of both kingdoms ; and entreating that he might not receive a detriment , whence as a brother and friend he expected a favour , added , that if the king would be advised by him , he would by power free the kingdom from that unjust tribute which pope innocent iii. and other popes had laid upon it ; which pleasing the assembly , the business took up so much time , as ( the design of a share in the government , something like , if not worse then a co-ordination , meeting with no concessions or effect ) they only granted an aid to the king for the marriage of his daughter , s. of every knights fee , not without much ado , and repetition of all his former aids ; although at the same ( or much about that ) time they could not be ignorant that he had by his writ commanded hugh gifford and william le brun , that b upon friday next after the epiphany they should cause to be fed in the hall at windsor , ad bonum focum omnes pueros pauperes & egenos quos invenire poterint , ita quod aula impleatur si tot inveniantur . the charters were again ratified , which confirmation is printed in the perclose or latter-end of those in the th . year of that persecuted prince , after a proposal of conservators , and election of judges and lord chancellors , rejected , which was urged , and much insisted upon . after which , and his return from an expedition with great charges into scotland , a parliament was summoned , where he moved for an aid against an insurrection in wales , and for money to supply his wants , and pay his debts , which were so great , as he could not stir out of his chamber for the clamour of those to whom he ow'd money for wine , wax , and other necessaries of house-keeping : which wrought so little , as to his face they denied to grant him any thing ; and enquiry being made what revenues the romans and italians had in england , they found them to have been annually marks ; which being notified to the general councel at lyons , the pope was so vexed therewith , as he was said to have uttered these words , the king begins to frederize , it is fit that we make an end with the emperour , that we might crush these pety kings ; for the dragon once destroyed , these lesser snakes will soon be trodden down . in the d . year of his reign a parliament being convoked , he was upon requiring another aid sharply reproved for his breach of promises ; and it was alledged , that his judges were sent in circuit under pretence of justice to fleece the people ; that his needless expences amounted to above l. and advising him to recal the old lands of the crown , and pull them from his favourites , enriched with the treasure of the kingdom , told him of his oath made at his coronation . complained , that the chief-justiciar , chancellor and treasurer were not made by the common-councel of the kingdom , according as there were in the time of his magnificent predecessors ; although they could not at the same time deny him that right which was justly due unto him ; that he had by his writs c commanded the said william de haverhul and edward of westminster , quod singulis diebus à die natalis domini usque ad diem circumcisionis , computatis illis duobus diebus , impleri faciant magnam aulam regis de pauperibus ; and in the same year by his writ commanded william de haverhul his treasurer , and edward fidz-odo , to feed upon the day of edward the confessor , pauperes in magna aula westmonasterium , sicut fieri consueverunt & ipsis monachis pittanciam eodem die sicut consueverunt faciant . the king promised redress , but nothing was effected : so that after sundry meetings , and much debate , the parliament was prorogued until midsummer following ; and at the next session he tells them , that they were not to impose a servile condition upon him , or deny him that which every one of them might do , to use whom they pleased as counsel ; every master of a family might place or displace what servants he pleased ; servants were not to judge their masters , nor subjects their prince , or hold them to their conditions ; and that he that should so encline to their pleasures , should not be their king , but as their servant . and being constrained to furnish his wants with the sale of his plate and jewels , his crown of gold , and edward the confessor's shrine , and with great loss received money for them , enquired who had bought them ; whereunto answer being made , that the city of london had bought them ; d that city ( said he ) is an inexhaustible gulf : if octavius ' s treasure were to be sold , they would surely buy it . howsoever , being besides constrained to borrow l. of the city of london , he wrote to every noble-man and prelate apart , to borrow money , but got little ; the abbot of ramsay lent him l. but the abbot of burgh could not spare him so much , although the king told him , it was more alms to give unto him , than to a beggar that went from door to door . the lords in the , th . year e of his reign assembled again at london , and pressed him with his promises , that the chief-justiciar , chancellor , and treasurer should be constituted by the general councel of the kingdom ; but by reason of the absence of the earl of cornwal , nothing was done therein . the king demanding f aid of his prelates and nobility assembled in parliament , they by agreement amongst themselves stoutly denied it ; which greatly troubling him , he shewed them the note or roll what moneys some few abbots had lent unto him , with an ecce , how little it was ! with which not being able to remove their fixed resolutions , he with some anger expostulating , told them , ero nè perjurus ? juravi sacramento intransgressibili transfretans jura mea in brachio extento à rege francorum reposcam , quod sine capioso thesauro qui à vestra liberalitate procedere debet nequaquam valeo ; and that not prevailing , called aliquos sibi familiares affatus eos dit quid perniciosius exemplum aliis praebetis ? vos qui comites & barones , milites strenui , estis non deberetis etsi alii timeant , scilicet , praelati ecclesiae trepidare ; avidiores caeteris deberetis jura regni resposcere & contra injuriantes martia certamina potentèr experiri , nostram partem solidare & consolari tenetur jus nostrum quod habemus ; & quâ fronte poteritis dominum vestrum ad tàm arduum negotium reipublicae procinctum relinquere pauperem & desolatum , cum tenear promissa de transitu meo adimplere jurejurando strictius obligatus ? all which proving ineffectual , made the king to be more angry ; insomuch as jurans cum sanctorum attestatione , quod nullo revocaretur terrore nullis verborum ambagibus circumventus ab incepto proposito revocaretur , quin ' in octavis paschae naves ascendens fortunam belli in partibus transmarinis contrà francos imperteritus experiretur : & sic solutum est concilium , utrobique reposita sed occulta mentis indignatione . dispositis igitur navalibus armamentis commendataque regni custodia archiepiscopo eboracensi idus maii , dispositis legionum suarum agminibus & repletis triginta cadis desideratissimis esterlingis comitante regina fratreque suo richardo comite cum aliis septem comitibus , circiter militibus naves ascendens versus burdegalinos iter direxit prosperè velificando . after which , and many other troubles and distresses accumulated and thronging in upon him one after another , he did in the th . year of his reign send his precept to the city of london , requiring them with all their families , even to a child of years old , to come upon the sunday next after the feast sanctorum perpetuae & felicitatis unto him in the great hall of his palace of westminster , where appeared such a multitude , as the hall and yard were wonderfully crowded , quibus congregatis dominus rex humilitèr quasi lachrymis abortis , did supplicate them , that every one of them would with heart and mouth pardon the anger and ill will which they had against him , confessed that he and his ministers had often wronged them in their goods , estates and liberties , and prayed them to pardon him . which wrought so much compassion ( for the time ) in them , as , although they had no restitution , they did not think fit to repeat their sufferings : that design availing the king as little as the pity of the men , women and children of london did , when those that were fit and able to bear arms did not long after fight as well as they could against him at the battel of lewes , where he was taken prisoner , and suffered him to be carried a year and a quarter together by an army of rebels , to london and westminster , and to several other parts of the kingdom , and never offered to relieve or rescue him. in or about the th . year of the reign of king henry iii. henry de bathenia , miles literatus legum terrae peritissimus regis justiciarius & conciliarius specialis , being in parliament , diffamatus & graviter accusatus , quod sibi unimim amicus quod in unum annum domini regis subdolus supplantatur in officio justiciario sibi commisso crumenas aliorum & suas impregnatas non erubuit nec formidavit hinc inde delinquentes recipere ambidexter ; in brevi ita illico ditabatur in redditibus maneriis auro & argento ; ut nulli justiciariorum secundus videretur ; and grew so haughty in the strength and assistance of the families of the bassets and m●fords , as he almost scorned and despised every man : insomuch as the king being very angry with any that interceded for him , answered john mansel , clerk , ( much employed and favoured by him , who had offered to be his bail ) that he should stare justiciae ; that non oportet aliquem clericum pro eo fide-jussorem in tali casu reputans causam hanc esse crimen laesae majestatis , accedente igitur episcopo londinensi , & quamplurimis intercessoribus admissus est custodiae & plegio viginti quatuor militum qui pro ipso henrico responsionem & justificationem ritè & justè facerent dato termino factorum . whereupon the said henry de bathenia , vafer & circumspectus , making all the friends he could to pacifie the king , and finding nothing could prevail , made an address to the earl of cornwal the king's brother : who not prevailing , was heard to say unto some of his friends , non possumus deesse nobilibus in jure suo , nec paci regni turbantis . after all which , in the same year , by adjournment , the business of henry de bathe coming again into question in parliament , and debate , rex persequebatur undique , graviter ab adversariis suis fuerat impetitus & accusatus , rex autem ira maxima accensus contra eum qui venerat multò stipatus milite de genere uxoris suae & amicis & suis propriis accusavit ipsum gravius caeteris , imponens eidem inter caetera quod totum regnum perturbavit & barnagium universum contra ipsum regem exasperavit , unde seditio generalis imminebat fecit igitur acclamari voce praeconia londini , & in curia ut si quis aliquid haberet actionis vel querelae adversus henr ' de bathenia , veniret ad curiam ante regis praesentiam , ubi plenè exaudiretur ; insurrexerunt igitur multi queruli contra eum , ita quod unus etiam sociorum suorum , scilicet & iusticiarius , palam protestaretur quod unum faconirosum convictum & incarceratum abire permisit impunitum sine judicio opinus respectus muneribus quod factum est in regis praejudicium & justiciariorum comitum suorum periculum & discrimen . rex igitur magis inde provocatus ascendit superius , exclamavitque dicens , si quis henricum de bathenia occiderit quietus sit à morte ejus & quietum eum protestor ; & sic properè recessit rex . et fuerunt ibi multi qui in ipsum henricum irruissent , nisi domini johannis mansel prudentia eorum impetum temperans refrenasset ; dixit enim , domini mei & amici , non est necesse quod in ira prepropere dicitur prosequamur , paenitebit enim fortè dominum nostrum jam elapso irae tempore haec jutonuisse ; praeterea si aliquid violentiae ipsi henrico intuleritis , ecce episcopus londinensis , qui spiritualem & alii amici ejus militares qui vindictam exercebunt materialem ; & sic in magna parte cessavit . extunc igitur procurante efficaciter comite richardo & episcopo memorato nutius actum est cum eo , dictum enim est domino regi secretius quod mirum est quod aliquis ei curet servire cum eis post ministerium etiam mortem mittitur inferre , promissa igitur quadam pecunia summa à mortis discrimine recessit liberatus . which the king was so unwilling to be cozen'd of , as he took a care to have paid in this manner , as the record thereof will evidence , viz. rex omnibus , &c. universitas vestra ( noverit ) nos de bono corde penitus remisisse dilecto & fideli nostro henr ' de bathenia , & propriae familiae omnem indignationem & omnem rancorem quem erga ipsum henricum pro quibuscunque transgressionibus usque ad diem dominicam proximam post festum translationis beati thomae martyris , anno , &c. tricesimo quinto , ita tamen quod pro remissione illa dabit nobis praedictus henricus duo millia marcarum , unde solvet nobis ducentas marcas per annum , videlicet , in festo sancti michaelis anno eodem cent ' marc ' , & ad pasch ' prox ' sequen ' cent ' marc ' , & sic de anno in annum ad eosdem terminos cent ' marc ' donec praedicta duo millia marc ' nobis fuerint persoluta & si forsitan contigerit quod praefat ' henr ' medio tempore in fata concesserit , antequam praedicta pecunia nobis fuerit persoluta , haeredes sui eandem solutionem facient ad eosdem terminos sicut praedictum est & perdonationis eidem henr ' amerciamentum in quod incidit per attinctam quam thomas de muleton arramavit versus ipsum de ten ' in holbech & querpilan ' idem etiam henr ' juri omnibus de eo conqueri volentibus etiam nobis in curia nostra , secundum legem & consuetudinem regni nostri , in cujus , &c. teste rege apud wodestock , octavo die julii , t. johanne mansel , & richardo fil nicholai . in the mean time , lewis king of france warring in the holy-land , and being taken prisoner , the pope solicited him to take upon him the cross to rescue him , alphonsus the king of castile undertaking to accompany him , and the captive king offering to restore normandy to the king of england for his assistance ; which the french disdaining , and undertaking themselves to procure his ransom , upon the pope's granting a tenth to be leavied upon the clergy and laity for three years : the king undertakes notwithstanding the cross , upon the hopes of getting the money , ( which , h saith matthew paris , being collected , would have amounted unto l. ) as was then believed , more than to perform his promise . whereupon shortly after a parliament was holden about the tenth granted by the pope for the recovery of the holy-land : where the bishops , notwithstanding that he had for the ease of his subjects severely accused in parliament henry de bathonia , one of his justices , for receiving of bribes , were first dealt withal , absolutely denied it ; and the lords alledging they would do as the bishops did , the city of london was again compelled to the contribution of l. the gascoigns likely to revolt , if a speedy remedy were not provided , general musters were made , and command given , that every one that could dispend l. per annum , should furnish out an horseman ; which , together with his extreme wants , occasioned another parliament , who finding it to be better for the people to do it in the usual way , than force him to those extravagant ( as they call'd them ) courses which he took , were , after fifteen days consultation , in the th . year of his reign , ( although they could not be then ignorant that he had but lately grievously punished and expelled the caursini , the pope's bankers , or money-collectors and brokers , and could not deny his own wants , which appeared in the pawning of his jewels and ornaments ; and in the end , as sir robert cotton ( if he were the author of the short view of that king's life and reign ) hath recorded it , had not means to defray the diet of his court , but was constrained to i break up house-keeping , and ( as mat. paris saith ) with his queen , cum abba●ibus & prioribus satis humilitèr hospitia & prandia quaerere ) to satisfie the king's necessities : but so as the reformation of the grievances , and ratification of their laws , might be once again solemnly confirmed . a tenth was granted by the clergy for three years , to be distributed by the view of certain lords ; and three marks scutage for every knights fee to be charged upon the laity for that year : insomuch as those often-confirmed charters were again agreed to be ratified in the most solemn and religious way that relion and state could ever devise to have it done , k after this manner , viz. the king , ( who in all excommunications was , with the lords temporal , by the laws and reasonable customs of england , to give their assent before it could sortiri effectum , or have any validity ) with many of the great nobility of england , all the bishops and chief prelates in their reverend ornaments , with candles or tapers in their hands , walking in a direful procession through westminster hall into the abbey-church of westminster , there to hear the terrible sentence of excommunication pronounced against the infringers of the aforesaid charters granted by him . at the lighting of which candles the king having received one in his hand , gave it to a prelate that stood by him ; saying , it becomes not me , being no priest , to hold the candle , my heart shall bear a greater testimony ; and withal laid his hand upon his breast the whole time that the sentence was reading , which was pronounced autoritate de omni potentis , &c. which done , he caused the charter , of king john his father , granted by his free consent , to be likewise openly read , and the rest of the company throwing away their candles , which lay smoaking on the ground ; all cried out , so let them who incur the sentence , be extinct , and stink in hell : the king with a loud voice , saying , as god me help , i will , as i am a man , a christian , a knight , a king crowned and anointed , inviolably observe those things ; which ceremony ended , the bells rung out , and all the people shouted with joy . but it is not to be forgotten ( although matthew paris , samuel daniel , and all other writers but mr. william pryn make no mention of it ) in this astonishing and dreadful ceremony , in the like whereof never were laws ( saith mr. daniel ) amongst men ( except the decalogue from mount-sinai ) promulgated , and pronounced with more majesty of ceremony , to make them heeded , reverenced , and respected , than were those that wanted thundring and lightning from heaven : acompanied with an earth-quake shaking the very foundations thereof . the king did not desert his own regal rights , and preheminencies ; but did at the same time , when in that dreadful manner , he joyned in the pronunciation of that sentence of excommunication with his own mouth publickly , except out of it all the ancient and accustomed liberties of the realm , and the dignities and rights of the crown ; and the same day caused a record thereof to be made , yet extant in the tower of london in these words , viz. noverint universi quòd dominus henricus rex angliae illustis r. comes norf. & marshallus angliae , h. comes horeford , & essex , j. comes de warren , petrus de sabaudia , caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westmonasterium tertio decimo die maii anno regni regis predicti . in hac forma , scilicet , quòd vinculo praefatae sententiae ligentur omnes venientes contrà libertates contentas in ehartis communium libertatum angliae , & de foresta , & omnes qui libertates ecclesiae angicanae temporibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & malitiosè violaverint aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint & similiter omnes qui jura & libertates domini regis & regni diminuere , infringere , seu immutare praesumpserint & quòd omnes venientes contrà praemissa vel eorum aliqua ignoranter & legitimè moniti infra quindenam post monitionem praemissam dictam transgressionem non emendaverint ex tunc praedictae sententiae excommunicationis subjacebunt ità tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari , sciendum autem quod si in scriptis super eadem sententia à quibuscunque confectis seu conficiendis aliud vel alitèr appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur , dominus rex & praedicti magnates omnes & communicatas populi protestantur publicè in praesentiâ venerabilium patrum b. dei gratiâ cantuariensis archiepiscopi totius angliae primatis , nec non & episcoporum omnium in eodem colloquio existentium , quòd in ea nunquam consenserunt , nec consentiunt , sed de plano eis contradicunt , praetere à praefatus dominus rex in prolatione praefat ' sententiae omnes libertates consuetudines regni sui autiquas & usitates & dignitates , & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit . in cujus rei memoriam , & in posterum veritatis testimonium , tàm dominus rex , quam praedicti comites , ad instantiam aliorum magnatum & populi , praesenti scripto sigilla sua apposuerunt . gascoign , a great province in france , having been , before the king had any son , granted by him , by the counsel of the lords , to his brother richard earl of cornwal , who was there received as their lord , and so continued , until the king had issue of his own : after which , revoking his grant , and conferring it upon his son edward , the earl , though he were deprived of his possession , not being willing to forgo his right , the king in great displeasure commanded him to resign his charter : which he refusing to do , the citizens of burdeaux were commanded to take and imprison , but would not adventure thereon ; notwithstanding , money being offered , and like to effect more than his command , the earl , in danger to be surprized , came over into england ; whereupon the king assembled the nobility of gascoign , promised them marks to renounce their homage and fealty to his brother ; which being not accepted , he sent symon montfort earl of leicester , ( a rough and martial man ) in revenge thereof , to be their governour under him for six years , and furnished him with marks in order thereto : whom montfort , by a stern government , so discontented , as they and the archbishop of burdeaux accused him of heinous crimes , which was a cause of montford s sending for over . and the king , resolute in maintaining the gascoigners , that sturdy earl montfort , who had forgotten that he was an alien himself , and had received of the king large gifts , preferments , and honours both in france and england , ( unto whom the earl of cornwal , with the discontented part of the english baronage , joyning ) complained as much of the aliens , viz. william of valence , earl of pembroke , guy de lusignan , the king's half-brothers by his mother , and the many french and poictovins , that over-much governed him , and his counsels , as they did again complain of the breach of the great charter , which was seldom omitted out of the reer of their grievances ; which at last came to such an undutiful contest , as montfort upbraiding the king with his expenceful service , wherein he alledged he had utterly consumed his estate , and said that he had broken his word with him : the king in great rage told him , that no promise was to be observed with an unworthy traytor ; wherewith montfort rose up , and protested , that he lyed in that word ; and , were he not protected by his royal dignity , he would make him repent it . the king commanded his servants to lay hold of him , which the lords would not permit ; wherewith montfort growing more audacious , the king told him , he never repented of any thing so much , as to have permitted him to enter into his kingdom , and to have honoured and instated him as he had done . but shortly after , the gascoigns being again encouraged by the king against montfort , and that province given to his son edward , and montfort sent thither a governour again , though with clipt wings , grows enflamed as much , as the gascoigns were one against another ; but montfort , by his great alliance with france , overcame them : who in the th . year of the king's reign , being discharged of the government , retired from thence , and refusing an offered entertainment by the french king , returned into england ; where the king , besides gascoigny , having given ireland , wales , bristol , stamford , and grantham to the prince , and consumed all that ever he could get in that and the former expeditions which he had made , which was reckoned to have cost him twenty seven hundred thousand pounds , which were said to have been more than the lands endeavoured to have been regained were worth , if they were to be sold. a parliament was called in easter-term following , which brought a return of grievances , and complaints of the breach of charters , and a demand for former pretended rights in electing the justiciar , chancellor , and treasurer ; whereupon , after much debate to no purpose , the parliament was prorogued until michaelmas next after , when likewise the king's motion for money was disappointed , by reason of the absence of many peers , being not ( as was alledged ) summoned according to magna charta . in the mean time the pope , to destroy manfred son to the emperour frederick , who was in possession of the kingdom of sicily and apulia , sent the bishop of bononia with a ring of investiture of the kindom of sicily to edmond the king's second son , ( with the hopes of which his praedecessor innocent iv. had before deluded the king himself . ) and the king being offered to be absolved from his oath of undertaking the holy wars , so as he would help to destroy manfred the emperour frederick's son , who being victorious , had no mind to be so ill used . the legate returned with great gifts , and a prebendary of york , but could not obtain his design of collecting the tenths in england , scotland , and ireland , to the use of the pope and the king ; for that the clergy growing jealous , m that the 〈…〉 g and the pope were confederate therein , protested rather to lose their lives and livings , than to be made a prey to either : the pope in the mean time having upon that vain hope , cunningly wrapt him in an obligation of marks . upon complaint of the gascoigns , who were under the government of the prince , that their wines were taken away by the king's officers , without due satisfaction ; and the prince thereupon addressing himself to his father in their behalf ; and the officers , in excuse of themselves , informing the king , that the prince took upon him to do justice therein , when it belonged not to him : the king was put in a great rage , and said , behold , my son and my brother are bent to afflict me , as my grand-father king henry ii. was . and being put to his shifts to supply his necessities , came himself into his exchequer , and with his own mouth pronounced and made orders for the better bringing in of his revenues , farms , and amerciaments , under severe penalties , that every sheriff which appeared not yearly there in the octaves of st. michael , with his money , as well of his farms and amerciaments , as other dues , for the first day should be amerced five marks , for the second ten , for the third fifteen , and for the fourth should be redeemed at the king's pleasure ; all cities and freedoms to be amerced in the same manner , and the fourth day making default , were to lose their freedoms ; the sheriffs amerced five marks for not distraining upon every man that having l. lands per annum , came not to be made knight , unless he had before been freed by the king : and by examinations of measures of ale and wine , bushels and weights , got some small sums of money ; and about the time of richard earl of cornwal's going to germany , ( where he was , by the privity and approbation of the councel of state in england , elected king of the romans ) called a parliament : where bringing his son edmond clad in an apuleian-habit , he said , behold my son edmond , whom god hath called to the dignity of regal excellency : how fitting and worthy is he of your favour ; and how inhumane were it , in so important a necessity , to deny him counsel and aid ! and shewed them how , by the advice and benignity of the pope and the church of england , he had , for the obtaining of the kingdom of sicily , bound himself under the penalty or covenant of losing the kingdom of england , in the sum of marks ; and had obtained the tenth of the clergy of all their benefices for three years , according to the new rates , without deduction of expences ; besides their first-fruits for three years : whereupon , after many excuses of poverty , they promised , upon the usual condition of confirmation of magna charta , to give him marks ; but that not satisfying , the next year another parliament was holden at london ; where he pressing them again for money to pay his debts , the lords told him plainly , they would not yield to give him any thing ; and if he unadvisedly bought the kingdom of ●icilly , and was deceived in it , he was to blame himself therein ; and repeating their old grievances , the breach of his promise , contempt of the power of the church , and the charter which he had solemnly sworn to observe , with the insolency of strangers , ( especially of william de valence , who most reproachfully had given the lye to the earl of leicester , for which he could not , upon complaint to the king , have right done him ) how they abounded in riches , and himself so poor , as he could not repress an insurrection of the welsh : the king thereupon promised , by his oath taken upon the tomb of st. edward , to reform all his errours . but the lords , in regard the business was difficult , got the parliament to be adjourned to oxford ; and in the mean time the earls of gloucester , hereford , the earl marshal , bigod , spencer , and other great men , confederated and provided by strength to effect their desires . the king n driven into necessities , did , the better to appease those often-complain'd-of grievances , when his own were burthen enough , by his writs or commissions sent into every county of england , appoint quatuor milites qui considerarent quot & quantis gravaminibus simpliciores à fortioribus opprimuntur & inquirent diligenter de singulis querelis & injuriis à quocunque factis , vel à quibuscunque illatis à multis retroactis temporibus & omnia requisita sub sigillis suis se cùm baronagio ad tempus sibi per breve praefixum certificent ; which by any record or history do not appear ( saith o sir henry spelman ) to have been ever certified . and to obtain money , procured the abbot of westminster to get his convent to joyn with him as his surety in a bond for marks ; sent simon paslieu , his trusty councellor , with letters to other monasteries to do the like , but they refused . and the prince participating in the wants of his father , was for want of money constrained to mortgage the towns of stanford , benham , and other lands , to william de valence . so that upon the aforesaid adjournment , and meeting of the parliament at oxford , in the d year of his reign , brake out those great discontents which had been so long in gathering ; whither the lords brought with them great numbers of their tenants by knights-service , p ( which were many ) followers , dependants , and adhaerents , upon a pretence of aiding the king , and going against the welsh : where , after they had secured the ports , to prevent foreign aids , and the gates of the city of london , with their oaths and hands given to each other not to desist until they had obtain their ends , began to expostulate their former liberties , and require the performance according to the oaths and orders formerly made ; the chief-iusticiar , chancellor and treasurer to be ordained by publick choice ; the twenty four conservators of the kingdom to be confirmed , twelve by the election of the lords , and twelve by the king , with whatsoever else might be advantageous for their own security ; whereupon the king , seeing their strength , and in what manner they required those things , did swear again solemnly to the confirmation of them , and caused the prince to take the same oath . of which q treasonable contrivances , matthew of westminster , ( an ancient english historian of good credit ) hath recorded his opinion in these words : haec de provisionibus imò de proditionibus oxon ▪ dicta sufficiant . and here yet they would not rest , the king's brethren , the poictovins , and all other strangers , were to be presently removed , the kingdom cleared of them , and all the peers of the land sworn to see it done . the earl of cornwal's eldest son refusing to take the oath without leave of his father , was plainly told , that if his father would not consent with the baronage in that case , he should not hold a furrow of land in england . in the end , the king's brethren and their followers were despoiled of all their fortunes , and banished by order under his own hand , with a charge not to pass with any money , arms or ornaments , other than such as the earls of hereford and surrey should allow and appoint ; with an injunction to the city of bristol , or any other ports , not to permit any strangers , or kinsmen of his , to come into england , but such only as the king and the lords should like . the poictovins landing at boloign , had much-a-do to gain passage into their own countreys , by reason that henry de montfort , son to the earl of leicester , whose power was very great in france , had followed them thither . rumours were spread amongst the people in england , that the earl of gloucester was attempted to have been poyson'd ; and one of his servants executed , upon no other proof but presumption ; and every one that would complain of the poictovins , wanted no encouragement . richard gray , whom the lords had made captain of the castle of dover , intercepted as much as he could of what the poictovins carried over , and enriched himself thereby . the new chief-justice hugh bigod , brother to the earl marshal , being chosen in the last parliament by publick voice , procured an order , that four knights in every shire should enquire of the poor oppressed by great men , and certifie the same to the baronage under their hands and seals ; which were never found to have been certified ; and made an order , that no man should give any thing ( besides provisions ) for justice , or to hinder the same ; and that both the corrupter and corrupted should be grievously punished . notwithstanding which pretended care , the lords enforceing the service of the king's tenants which dwelt near unto them , were as totidem tyranni , furnished the especial fortresses of the kingdom with garrisons of their own , sworn to the common state ; and took the like assurance of all sheriffs , bailiffs , coroners , and other publick ministers , with strict commissions upon oath to examine their behaviour . and to make the king and his actions the more odious , and their own more popular , it was rumoured , that the king's necessities must be repaired out of the estates of his people ; and he must not want , whilst they had it . whereupon the king , to defend himself from such scandals , was constrained to publish his declaration , to desire the people to give no credit to such false suggestions ; for that he was ready to defend all rights and customs due unto them . howsoever , montfort , gloucester and spencer , who had by the late constitution of the twenty-four conservators drawn the entire managing of the kingdom into their hands , enforced the king to call a parliament at london , where the authority of the twenty-four conservators was placed in themselves , and order taken that three at the least should attend at the court , to dispose of the custody of castles , and other business of the kingdom , of the chancellor , chief-justiciar , treasurer , and all other officers great and small , and bound the king r to release to them their legal obedience , whensoever he infringed his charter . in the mean time , the earl of cornwal , king of the romans , being dispossest of that kingdom , or not well liking it , returning into england , the barons send to know the cause of his coming , and require of him an oath before he should land , not to prejudice their late established orders of the kingdom ; which he sternly refused , saying , he had no peer in england , being the son and brother of a king , and was above their power ; and if they would have reformed the kingdom , they ought first to have sent for him , and not so presumptuously have attempted a business of so high a nature . the lords , upon return of such an answer , sent to guard the ports , came strongly to the coast , prepared to encounter him , and the s king , queen , and their son edmond , in a more loving manner go to dover to receive him ; but neither they nor the earl of cornwal were by them permitted to enter into the castle , for that it was the chief fortress of the kingdom . but finding the earl of cornwal's train small , they suffered him to land ; and did , upon his promise to take the propounded oath , bring him and the king into the chapter-house at canterbury : where the earl of gloucester . standing forth in the midst , in the presence of the king , called forth the earl , not by the name of king , but earl of cornwal ; who in reverend manner coming forth , took his oath , that he would be faithful and diligent with the barons to reform the kingdom , by the counsel of wicked persons over-much disordered ; and to be an effectual coadjutor to expel rebels , and disturbers of the same , under pain of losing all the lands which he held in england . after which , both parties strengthening themselves all they could , the king for the assurance of the king of france , ex praecepto & consilio domini regis angliae , & totius baronagii , sent the earls of t gloucester leicester , peter de subaudia , john mansel , and robert walerand , to the parliament of paris , de arduis negotiis regna angliae & franciae contingentibus , carrying with them a resignation of the dutchy of normandy , and the earldoms of anjou , poicteau , turaine , and mayne , for which the king of france was to give him three hundred thousand pounds , with a grant of all guyen beyond the river of garonna , all the river of xantoigne to the river of charente , and the counties of limosin and quercy , to him and his successors , dong his homage and fealty to the crown of france , as a duke of aquitain , and a peer of that kingdom . after whose return , montfort , as he had incensed others , so had he those that animated him against the king ; as , walter bishop of worcester , and robert bishop of lincoln , who enjoyned him upon the remission of his sins , to prosecute the cause unto death ; affirming , that the peace of the church of england would never be established , but by the sword. but the people being oppressed and tired at length with those commotions , part-takings and discords , which , by the provisions wrested from the king at oxford , and so many mischiefs and inconveniencies , had harassed , and almost ruined them , and did help to increase rather than decrease those troubles and controversies which afflicted the nation : it having never been easie to bring those that were to be governed , to rule with any modesty or moderation those that had enjoyed a governing power in authority , established and appointed by god , in a well-temper'd monarchy , and succession for many ages ; or those that were to govern , to obey the giddy and unjust dictates of those who were to obey them ; or to unite in any contenting harmony the various ambitions , envies , revenges , hatreds , partialities , self-interests , and designs of many , or a multitude ; or such enforcements and contrivances to be lasting , durable , or pleasing ; and that all could not well rule , or agree how to do it . u the king and queen keeping their christmas in the tower of london , cum suis consiliariis , ( saith matthew paris ) elaboratum fuit tam à regni angliae pontificibus quam à regni franciae , ut pax reformaretur inter regem angliae & barones , ventumque est ad illud , ut rex & proceres se submiserunt ordinationi regis franciae , in praemissis provisionibus oxoniae , nec non pro depraedationibus & damnis utrobique illatis , who had been so good a friend to the rebellious barons , and so great a favourer of them , as after his expulsion out of england , whither they had invited him , toaid and assist them against k. john , and an agreement made with k. henry iii. his son , to restore unto him the dutchy of normandy , and the other provinces which he had from him in france , as he denied to re-deliver them , until the liberties claimed by the english barons , his old friends , should be confirmed unto them , by whose quarrels with their sovereigns , he had gained many great advantages , to the wrong and damage of the crown of england . and was all the while a very great enemy both to the king and his father , who notwithstanding was with the prince his son. richard earl of cornwal , king of the romans , with others of the loyal nobility of the kings part ; and the contending rebellious lords of the other side , by mutual oaths , tactis sacrosanctis evangeliis , in the th . year of his reign , did undertake to perform and abide by his award , so as it were made and pronounced betwixt that and the feast of pentecost then next ensuing : unto which none of the commons of england do appear to have been parties . whereupon the w king of france taking upon him the said arbitration , congregato in crastino sancti vincentii ambiomis populo penè innumerabili coram episcopis , & comitibus , aliisque francorum proceribus solemniter dedit sententiam pro rege angliae contra barones statutis oxoniae , provisionibus , ordinationibus , ac obligationibus penitus annullatis , hoc excepto quod antiquas chartas regis johannis angliae universitati concessas per illam sententiam in nullo intendebat penitùs derogare . and made his award accordingly in writing : an exemplification or x authentick copy whereof is yet to be seen amongst the records in his now majesty's treasury at westminster . quae quidem exceptio comitem leicestriae , & coeteros qui habebunt sensus exercitatos ( saith matthew paris ) compulit in praeposito tenere firmitèr statuta oxoniae que fundata fuerant super illam chartam . et eo tempore redierint à francia qui parliamento , regis francia interfuerant , rex , videlicet , angliae henricus , & regina eleanora , archiepiscopus cantuariensis bonifacius , petrus herefordensis episcopus , & johannes mansel ; qui baronibus , ( saith that monk of st. albans ) mala quanta potuerunt , non cessabant machinari . which exception could neither absolve them from their oaths so solemnly taken to perform the award which the king of france had made , or purge them from their former and after rebellions against king henry iii. or their ill usage of him . sect . vi. that the exceptions mentioned in the king of france's award of the charter granted by king john , could not invalidate the whole award , or justifie the provisions made at oxford , which was the principal matter referred unto him . for that the contrivance of the twenty-four conservators , and what else was y added thereunto by the aforesaid provisions and constrained ordinances made at oxford , was never any part of the magna charta , or the charta de foresta , enforced from king john , but a security seperate and collateral thereunto , framed and devised at the same time , for the better observation and performance of those charters , which the preamble of that security , ( of which matthew paris hath at large left unto posterity an exemplar ) may abundantly evidence , in the words following , ( viz. ) cum autem pro deo & ad emendationem regni nostri & ad melius sopiendam discordiam , inter nos & barones nostros , haec omnia concessimus volentes ea integra & firma stabilitate gaudere facimus & concedimus eis securitatem subscriptam , viz. quod barones eligant viginti quinque barones de regno nostros quos voluerint , &c. and doth greatly differ , both in the material and formal parts thereof , from the provisions afterwards enforced at oxford , as by a just collation and comparison of that collateral security with those provisions , may appear : where care is taken but for twenty-four conservators , twelve to be chosen by the king , and twelve by those factious lords , who would likewise engross to themselves and their party the nomination of the chancellor , treasurer , two chief-justices , two of the justices of both the benches , and barons of the exchequer , and have the making of the chief-justice of the iews ; to which the king and his son the prince were sworn ; but to the running-mead unkingly shackles or security , the king and those masterly barons were only sworn , and that not thought sufficient , without some principal castles of the kings were to be put into hands of those conservators ; and that upon complaint made to the king or his chief-justice , if reformation were not made within a time limited ; the conservators and the common people were to distrain , & gravere eum , ( which would amount to a licensed rebellion ) with a salvis personis only of the king and his queen and children ; all the great men of the kingdom , and the common people , and as many as would , being also to take their oaths to be aiding and assisting to those conservators , ( in a kind or much resembling the late association ) who were themselves to take their oaths well and truly to execute their multiplied kingships , and clip , as much as they could , the more just authority and rights of their sovereign : but in those of oxford there was so much kindness shewed to themselves , and care taken of their own tender consciences , as not to be sworn at all , and must needs be an excellent contrivance for the invisible good of the kingdom , and a rare performance of their homage , fealty , and oaths of allegiance , to take the power and authority from a king , which should enable him to perform his magna charta , and charta de foresta , freely granted unto them , and put it into their own hands to break those charters and his oaths , and to protect and do justice unto his people , as oft as their malice , ambitious envies , avarice , revenge , interests , designs , corruptions , or domineering passions of themselves and their wives , ( being not a few in number ) and their numerous adhaerents , should incite or persuade them unto ; and were so confident of their over-ruling party , no provision being at all made in those which were made at oxford , if any discords should arise in the election of the one twelve , or the other ; or in the continuance of their agreements together , shares , or parts in the government of their king and fellow-subjects , as believing that the power of the twelve barons chosen by themselves , would be either praedominant over the twelve which were to be named by the king , or their newly-usurped authority would be so complaisant and well-pleasing unto all the twenty-four , as flattery , fear or interest would so quiet any ( to be supposed ) discords , as they should not need to fall out at a feast , or divide , disturb , or destroy themselves by factions : the security given at running-mead ordaining only twenty-five conservators , without any election of a part or moity of them by the king , and to be upon occasion of any breach or offence done by the king or his justiciar , ergà aliquem in aliquo , vel aliquem articulorum pacis vel securitatis , ( which clearly divides the security or conservatorships , from the articles of peace and charters compelled at running-mead , as far asunder as a disjunctive , or matters of another nature , sense , or purpose could effect ) reduced to four , and that which was referred to the king of france , neither king john's charter , nor the collateral enforced security , by the power of a rebellious and unruly army , when he had but seven knights to stand by him , and was over-aw'd by a clergy claiming to be independant of him , and out of the power and coertion of his laws ; had the pope's . legate at their elbow , and his afrighting pretence of god-like omnipotency , with their threatning to excommunicate him and his councellors , and all that should adhere unto him ; and , as if that had not been enough , practising and plotting with a discontented powerful party of the barons against him : but singly and seperately , that which was the present controversie , & cardo quaestionis , were the provisions made at oxford , where per mensem integrum persistebant consilits & armis ; of which , and the z reference to the french king thereupon , henry knighton ( an author much enclin'd to the contending part of the baronage ) gives us an account in these words : publicatis statutis & executioni demandatis , displicuerunt multa regi & paenituit eum sic jurâsse sed quia resistere non potuit , ex arrupto dissimulavit ad tempus , cùmque elapso anno non videret se ut promiserant à debitis relevari , ( which henry knighton affirmeth they promised ) sed magis onerari , in multum condoluit , & missis ad papam nuntiis quoad sacramentum praestitum absolutionis beneficium consecutus est , & quoad se & suos omnes absolvit et●am papa indifferenter omnes ab eodem juramento , ut citiùs inter se in vinculo pacis unirent , siatimque absolutione opteniâ resilivit rex à praemissis , & convocato parliamento suo oxoniae quaestionem movit magnatibus suis , se quantùm ad provisiones tenendas callidè quidem inductum & seductum , in super quod ad sacramentum praestitum , & pro se & suis universalitèr omnibus absolutionis benificium generalitèr impetrâsse unde petiit se ad omnia restituti , sicut antiquitùs esse consuevit . at illi qui convenerant comes , scilicet , leicestrensis symon de montforti , comes gloucestriae gilbertus de clara , humfridus de boun juvenis , comes ferarensis ; barones etiam quam plurimi , scilicet , dominus filius johannis , dominus henricus de hastinges , dominus galfridus de lucy , johannes de vescy juvenis , dominus nicholaus de segrave , hugo le spencer , & robertus de vesponte , ( no commons ) pro se siquidem & suis sequacibus unanimitèr respenderunt quòd provisiones ad quas juramento astricti fuerant usque in finem vitae tenere voluerunt eò quòd pro utilitate regis , & regni communiter editae fuerant & confirmatae . dumque vota a sua sic mutassent in varia impacata recedere voluissent , quidam episcopi aderant qui interposuerunt partes suas ità quòd ipsis & aliis amicis communibus sic cum difficuliate mediantibus compromiserunt partes utrimque se velle stare in omnibus arbitrio regis franciae . qui quidem rix auditis hinc inde propositis & diligenter ponderatis decrevit in fine regi angliae exhaereditationem fieri manifestam , unde statuta eorum quasi omnia reprobavit , & eidem regi statum pristinum restitui , imponens aliis silentium quantum ad jura regalia ordinanda . motique magnates & indignantes necesserunt stare nolentes ejus arbitrio , ●ò quòd pro rege omnia rex ipse adjudicavit . wherein the charters of king john , either as to the forests , or concerning the other lands , liberties and estates of the bishops , abbots , priors , earls , barons and free-men of england , or any the controversies raised thereupon , do not appear to be any part of the matters referred to the king of france's arbitration , neither are in his award thereupon mentioned , in the transcript thereof , remaining amongst his majesty's records , or declared by matthew paris , or henry knighton ) to be any parcel of the controversies referred unto him , or inducing the same ; for the charter of king john , therein by matthew paris said to be excepted , is in the singular number , and distinguishable from that of the forests , and cannot howsoever , in any probability , be intended to be the aforesaid collateral over-binding security , nor could that be comprehended under that notion ; for the charters granted by king john have nothing therein of the after-provisions made at oxford , which were not in his said charters mentioned , nor can be accounted the same , when they were not then existent , but were framed , hatched and brought forth forty-three years after the charters gain d at running mead , which were not the same with that seperate and collateral bond , or unfitting security , wherein the king , besides those charters , did covenant to expell all aliens and strangers out of the kingdom , & omnes ruptarios , breakers of the peace thereof , ( some of which were therein particularly named ) qui sunt ad nocumentum regni , granted a general pardon omnibus clericis & laicis , of all offences committed by reason of the said troubles and discords from easter before , ( which was in the ● th . year of his reign ) to the making of that pacification ; and moreover , gave unto them the letters testimonials and patents of the archbishops of canterbury and dublin , pandulphus the pope's legate , and other bishops , super securitate ista concessionibus praedictis , the charters being only a grant of the king 's to to the bishops , earls and barons , and the rest of the freemen and subjects of england , not as if they were before free and exempt from the just monarchical and regal government , but contra-distinguished from bond-men and bond-women , copy-holders , servants , &c. ) which needed no oaths from the grantees , or those which might be glad to receive the benefits and liberties granted thereby . for the contrivance of that fatal and too-long-lasting seminary of sedition and discord betwixt the king and those barons , and that unfitting security to pacifie their unbecoming jealousies , being no part of the charters granted by king john , were but as covenants and promises extorted from an over affrighted and distressed prince , and were not the same upon which the provisions of oxford were founded , nor incorporate in them . so that the provisions made at oxford must needs be those , and none other , which the king of france and his parliament and great council , upon so grand and deliberate a hearing , declared to be null and void , as derogatory to kingly government , and amounting to a total dis-herison of the king therein ; and if they were not those provisions , the maintainers of any such opinion are to shew what other provisions made at oxford in the reign of king henry iii. were referred unto him , or condemned by him . it being not to be understood by any , that will not make their ignorance , self-conceitedness , designs and evil purposes to be the rules of their reason , that the exception of king john's charter was to be extended to the collateral security , and when they have sweat and laboured at it beyond any the rules of reason and learning , will never be able to entice or draw any religious , good , wise or learned men to subscribe to such a paradox , that twenty-five conservatorships should be intended or understood to be only twenty-four , and those subcommitted to four ; that the king 's putting into his rebellious barons hands four of the strongest castles which he had , as pledges and security , with power for all that would to take oaths , to distrain and take arms , and set the common people upon him : were , or are within the true meaning or construction of that magna charta ; or that it was ever within the meaning , intention , or words of that magna charta , granted by him unto his subjects , to be holden of him and his heirs in capite , that the word or notion of liberties mentioned therein , should or could beget a law , rule , or custom , that those that were the grantees , and to be governed , should rule their governours , ( which no where appeareth to be consonant to that reason , iustice and order which god himself praescribed , and gave as a rule for the better ordering of the sons of men and all their generation ; ) or that the granter of those liberties in those charters , did thereby ever intend , or so express , or understand , that by the grant of those liberties and benefits , the subjects of england were entituled to a right or authority to govern their king ; and if he do not therein behave himself according to the interests or votes of a giddy multitude , ( who are as seldom to be pleased , as they are to be brought into one and the same opinion , humour , interest , or design ) should be vested with a power or authority to compel him . when no histories , annals , or records of the nation , or writer new or old , ( except such as had been fooled and infatuated by jesuitical principles , fitted and dress'd up for some wickedly silly presbyters and fanaticks , in the time of that popular frenzy in england , betwixt the years and , and drank deep of that circaean cup , and intoxicated themselves with the ungodly gains of rebellion against their sovereign , by murder , plunder , and sequestration of him , and their more loyal and honest fellow-subjects ) can tell us any news of such rights and liberties , or inform us where any such were granted , duly registred or authenticated , other than in or by the records or memorials of wat tyler , jack cade , ket , and their rabble-rout . nor was it probable that so great a council of wise or learned men should in the penning or wording the king of france's aforesaid decree or award , in or with the exception of king john's charter , so much err , if they had understood that it had made void the whole award , or that the pope would have confirmed a nothing , or such an award as should signifie no more ; or that the opposite barons would have taken it so ill , or believed that it had been so much against them , as henry knighton related it , that the king of france had awarded all for the king , if they had not understood the aforesaid provisions made at oxford to have been , ipso facto , null and void ; neither can it by any men of law , reason or learning be adjudged , that that award could be as to the whole a nullity , by reason of that exception , when the civil or caesarean law , that excellent method of universal reason , by which the greatest part of the world was then , before , and ever since contented to be guided , hath taught us , that b exceptii est quaedam exclusio quae interponi actioni cujusque rei solet ad excludendum id quod in intentionem , condemnationem vè deductum est ; for , c excipere propriè est detrahere , & exceptio est quae partem aliquam de universo actoris jure detrahat ; and these laws have declared , that exceptio obscura nihil est momenti ; & obscurè excipere , est nihil excipere ; and our english laws and reasonable customs have allowed us to say and believe , that exceptio firmat regulam in casibus non exceptis , that a matter or thing not excepted , is the more strengthened and confirmed , by what is excepted and severed from it . but it seems , saith mr. pryn , that that award of the king of france was not full and satisfactory to all parties , ( although the king's permission thereupon afterwards made , chargeth the dissatisfaction on the barons part ) whom to content as well as he could , he and the barons , by mutual consent , did by their letters patents , submit ( as he said ) that award to h. bishop of london , h. le despencer , justiciar of england , bartholomew earl of anjou , cousin-jerman to the king of france , and the abbot of beck , to amend or correct , by way of addition or detraction ( in or to the said award ) whatever they should judge meet for the settling and securing of peace . and the king was so great a lover of peace , and well-wisher of the good of his people , as after he had granted unto them more liberties than they could claim , and in modesty could ask of a sovereign that would preserve that superiority , and those rights which god had given him , for his own and the peoples good , which can never be , without an obedience of subjects , and a care of a prince to protect them , by doing justice to himself as well as to them ; and was so willing to give them satisfaction in any thing just or reasonable to be desired , as he was content to wave and lay aside the advantage which he fairly gained by the aforesaid award or ordinance of the king of france , in defence and maintenance of his own just rights , and therein of his means to govern and protect them , ( which no prince in christendom at that time would have done ) and at the same time adventure the censure or ill will of a neighbour potent prince , that would not take it kindly to have an award made with so much justice , judgment , and care , to be reviewed by a part of his people , and such as were no friends to the rights of kings , and had been long in opposition to their king , and encouraged a long and lasting rebellion against him , and by such a new reference or review , subjecting himself to the excommunication and ecclesiastical censures of the pope's legate , by which he and his kingdom had already so greatly suffered . yet , in that so great a storm and tempest of state would not so much injure himself , his dignity , and occasional or necessary emergent affairs of government , as not to provide that they should not so much as speak , treat , or ordain any thing , circa emendationem ordinationis , seu pacis praedictae per quod regnum angliae , per alios quàm indigenas gubernetur , nec castrorum custodia , seu alia balliva regno praedicto aliis quàm indigenis fidelibus non suspectis committetur , ( which with a clause next following , might also probably be inserted to please the earl of leicester , and to secure him from after or former objections , that he was himself an alien , or that such allegations might not be any hinderance to him or william de valence to have the custody of any of the king's castles , who had yet some provinces in france , and was not without subjects that ( as to england ) were aliens , as the ensuing commission , or letters patents in order thereunto , will demonstrate . rex angliae , d s. de monteforti comes leicestr ' , gilbertus de clare comes gloucestr ' & hereford ' , johannes filius johannis , johannes de burgo senior , willielmus de monte canisio . henricus de hastings , gilbertus de gaunt , & caeteri barones & magnates angliae , ( no commons ) universis christi fidelibus ad quos praesentes literae pervenerint , salutem in domino ; cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , & totius communitatis regni praedicti , unanimi voluntate & assensu provida deliberatione inita fuerit , quam nuper domino regi franciae fecimus praesentari , & quam deo gratam , nobis & regno nostro credimus opportunam , ac quidam ut intelleximus facti veritatem minus plene intelligentes , ordinationem ipsam seu pacis formam minus sufficientem asserentes , de quibusdam articulis in eddem insertis non fuerint contenti . nos ad pacem & tranquilitatem regni praedicti totis vi 〈…〉 us , sicut tenemur , laborare volentes ut justitia nostra & fac 〈…〉 ritas patefaceat & singulis plenius innotescat , plenam damus po●estatem venerabili patri h. london ' episcopo , & nobili viro hugoni le despencer iustic ' angliae , & nobilibus viris bartho ' com' audeg praedicti regis franc ' germano , & abbati de beccon , inspiciendi & examinandi formam ordinationis seu pacis praedictae addendi & detrahendi eidem , & emendandi , si quid addendum , detrahendum , seu corrigendum viderint , & providendi omnem securitatem quam viderint opportunam , & ea omnia quae ordinanda seu statuenda duxerint , firmiter observandi nos autem omnia & singula quae ipsi ad emendationem & observationem pacis ejusdem ordinaverint , rata habebimus , & accepta subjiciendo nos jurisdictioni & coertioni venerabilis patris g. sabin ' episcopi apostolicae sedis legati ; ut ipse per sententiam excommunicationis , & omne genus censurae ecclesiasticae , nos & omnes & fingulos compellere possit , si forte ordinationem praedictorum in aliquo praesumpserimus contrahere , & si praedictus com' audeg ' praesens non fuerit , vel negotium istud in se assumere noluerit , volumus quod dominus de neele , vel dominus petrus de camberleng ' , loco ejusdem com' subrogetur ; quod si praedicti quatuor in aliquo articulo pacis praedictae discordes fuerint , judicio majoris partis eorundem stetur , & si pares in discordia fuerint , volumus ut venerabilis pater archiepiscopus rothomag ' eis associetur , & quod à majori parte eorundem quinque concorditer fuerit ordinatum , firmiter ob●●rvetur . nolumus autem quod aliquid liceat eis dicere , ordinare , seu statuere circa emendationem ordinationis seu pacis praedictae , per quod regnum angliae , per alios quam per indigenas gubernetur , nec castrorum custodia , seu alia balliva in regno praedicto aliis quam indigenis fidelibus non suspectis committetur : volumus etiam modis omnibus quod pax inter nos regem angliae & praefatum com leicestr ' super personalibus & specialibus querelis , questionibus , & contentionibus quas contra eundem comitem habemus , & ipse adversus nos , & de quibus posuimus nos in praedictum regem franc ' fiat & assecuretur antequam pax seu ordinatio praedicta finaliter compleatur . in cujus rei testimonium huic scripto nos rex angliae , com leicestr ' & gloucestr ' , jo. johannes , willielmus , henr ' & egidius , pro nobis & caeteris baronibus , & communitate regni angliae , sigilla nostra apposuimus , dat' apud cantuar ' die jovis prox ' post festum nativ ' beatae virginis , an' dom ' . in assistance whereof , saith e mr. pryn , the king and the barons having by common consent entred into articles of agreement under their hands , concerning the reformation of the realm of england , and referred themselves therein to the determination of the king of france and the pope's legate , he did constitute three procurators , to conclude and consent on his behalf to whatsoever should be therein agreed , with submission to the legate's ecclesiastical censures and excommunications , to compel him to the performance thereof , in these words following , ( viz. ) f rex angliae , omnibus ad quos , &c. salutem , noverint universitas vestra , quod nos ordinamus & constituimus venerabiles patres w. wygorn ' & j. winton ' episcopos , & nobilem virum petrum de monteforti , procuratores & nuntios nostros solempnes , dantes eis potestatem tractandi in praesentiâ magnifici principis domini l. dei gratiâ regis franc ' illustris , & venerabilis patris g. sabin ' episcopi apostolicae legati , vel alterius eorum , super reforma , tione status regni angliae , & quod in hâc parte provisum fverit acceptandi , & firmandi , seu etiam compromittendi super hoc in certas personas si viderint expedire , ac omnem securitatem faciendi quam negotii qualitas requirit , & quam nobis seu regno praedicto viderint optimum dantes in super praefato petro potestatem jurandi in animam nostram , quòd nos quicquid ipsi tres in praemissis nomine nostro duxerint faciendum , ratum habebimus & acceptum , subjiciendo nos jurisdictioni & coertioni praedicti legati , ut ipse per sententiam excemmunicationis , & omne genus censurae ecclesiasticae nos compellere possit , ad observatlonem praemissorum . in cujus , &c. dat' apud cantuar ' die jovis praedicta , anno praedicto . wherein i●●s to be observed , that that was but ( upon the matter ) a re-referrence to the king of france , the change being only in the assistant councel , the most part whereof were french under his obeysance ; and it was to be but as an emendation , correction , or altering of some part , not all of the award , which was made before , which was not by this latter referrence found or declared to be void , or so much as contradicted , in any of the particulars of the provisions made at oxford adjudged against the barons , or any thing to be defective or redundant ; nor was there any addition , correction , or explicacation mad therein : so as that meeting and re-referrence proved to be only an essay for a pacification . for that haughty earl montfort hated the king , and endeavouring all he could his destruction , so thwarted all his actions , and domineer'd over him , as the king told him openly , that he feared him more than any thunder or tempest in the world . being not pleased with what had been proposed at that revisionary treaty , for what concerned his own particular interest and satisfaction , would rather bleed and embroil the nation , than acquiesce in those excellent laws and liberties which the king had granted in his magna charta and charta de foresta , ( which , like two jewels of inestimable price in her ears , did help to bless , secure and adorn our britannia , whilst she sate upon her promontory , viewing and guarding her british-seas ) and did therefore draw and entice as many as he could to go along with his envy , malice , ambition , and designs . with which ordination , sentence and award of the king of g france against the barons , many were notwithstanding so well satisfied with the king , and so ill with symon montfort's proud and insolent demeanour , as they withdrew themselves from the rebellious part of the barons ; and although some for a while staggered in their opinions and loyalty , because ( though the king of france condemned the provisions made at oxford , yet ) he allowed king john's charter , whereby he left , as they pretended , the matter as he found it , for that these provisions , as those barons alledged , were grounded upon that charter . but a better consideration made many to dispence with their ill-taken oaths , and return to their loyalty ; as , henry son of the earl of cornwall , roger de clifford , roger de leybourne , hamo l'estrange , and others . and it is worthy a more than ordinary remarque , that that king of france and his councel , upon view and hearing of so many controversies and tronsactions betwixt our king henry iii. and his rebellious barons , could not be strangers to the former and latter attempts , ill-doings and designs of that party of the english baronage , did so little approve thereof , and of their parliamentary insolencies , and oxford provisions , as his grand-child or successor , h philip le bel king of france , who reigned in the time of our edward i. did within less than forty years after , pour oster ( saith l'oyseau , a very learned french author ) de la suitte le parlement ( qui lors estoit le conseil ordinaire des roys , voir leur faisoit teste bien sauvent ) & luy oster doucement la cognossance des affaires d'estat , to the no great happiness , as it afterwards proved , of the french nation ) erigea un cour ordinaire , & le rendit sedentaire a paris dont encore il a retenu ce teste de son ancienne institution qu'il verifie & homologue les edicts du roy. and now the doors of janus temple flew quite open ; the prince , with lewellin prince of wales , mortimer , and others , invade and enter upon the lands of gilbert de clare earl of gloucester , and some of the opposite nobility ; and the earl of leicester was as busie on the other side , in seizing gloucester and worcester . whereupon the king doubting montfort's approach to london , ( being not yet ready for him ) works so , as a mediation of peace was assay'd , upon condition that all the castles of the king should be delivered to the keeping of the barons , the provisions of oxford inviolably observed , all strangers by a certain time should avoid the kingdom , except such as by a general consent should be held faithful and profitable for the same . here , saith the historian , was a little pause , which seemed but a breathing in order unto a greater rage ; the prince fortifies , victuals , and garrisons windsor castle . and the king , to get time , summoned a parliament at london , where he won many lords to his party , and with them richard earl of cornwal his brother , king of almaine , henry his son , william valence , with the rest of his brethren ; marches to oxford , whither divers lords of scotland repair unto him ; as , iohn comyn , iohn baliol , lords of galloway , robert bruce and others , with many english barons , clifford , percy , basset , &c. from thence with all his forces went to northampton , took prisoner young symon montfort , with fourteen other principal men ; thence to nottingham , spoiling the possessions appertaining to the barons in those parts . the earl of leicester draws towards london , to recover and make good that part of his greatest importance , and seeks to secure kent and the ports ; which hastens the king to stop his proceedings , and to succour the castle of rochester which he besieged : whereby success and authority growing strong on the king's side , the k earls of leicester and gloucester , in behalf of themselves and their party , write unto the king , humbly protesting their loyalty , alledge , that they opposed only against such as were enemies to him annd the kingdom , and had bely'd them ; unto which the king returned answer , that themselves were the perturbers of him and his state , enemies to his person , and sought his and the kingdoms destruction , and therefore defy'd them ; the prince and the earl of cornwal sending likewise their letters of defyance unto them ; who doubting the hazard of a battel , send the bishops of london and worcester ( their former encouragers ) unto the king , with an offer of marks for damage done in those wars , so as the provisions of oxford might be observed . which not being condescended unto , or thought fit to be allowed , montfort with his partners seeing no other means but to put all to the hazard of a battel , made himself more ready than was expected , placed on the side of an hill near lewis , where the battel was to be fought , certain ensigns without men , which seemed afar off to be squadrons ready to second his men , ( whom he caused all to wear white crosses , both for their own notice , and signification of the candour and innocency of his cause , which he desired to have believed to be only for justice . ) and , as rebels , first assaulting their king unexpectedly , began to charge his forces , who were divided into three parts ; the first whereof was commanded by prince edward the king's son , william de valence earl of pembroke , and john warren earl of surrey and sussex ; the second by the king of almaine , and his son henry ; and the third by the king himself . the forces of the barons ranged in four parts ; whereof the first was led by henry de montfort , and the earl of hereford ; the second by gilbert de clare earl of gloucester and hertford ; iohn fitz-john , and william of mount-chency ; the third by the londoners , and richard segrave ; and the fourth by symon de montfort earl of leicester himself , and thomas de pelvesion ; l and both sides fighting with as great manhood as fury , the prince and his batalion , cum tanto impetu in hostes irruil , so beat and routed those that stood against him , as he made them give back ; many were slain and drowned , and the londoners put to flight ; whom the prince over-charging , and pursuing by the space of four miles , and putting many of them to the sword , was so out of sight , and far gone from the king's army , as made them weaker than otherwise they would have been ; m but at his return , instead of a victory , found about of his fathers army slain , the king of almaine , robert de bruce , and john comyn ( who had brought many scots to the king's aid ) taken prisoners , with twenty-five barons and bannerets on the king's party , and the king himself having his horse killed under him , made a prisoner , and shut up in the priory ; ita reversus edwardus gravi praelio excipitur ; so as the prince at his return was freshly set upon by the prevailing party . the earl warren , william de valence , and guy de lusignan , and hugh bigod , with forty armed knights , fled to pevensey ; and the prince , when he was returned to the town of lewis , sought his father in the castle ; but not finding him there , went to the priory , where he found him . in the mean time the conquering barons assault the castle , which they that were within so stoutly defended , as the besiegers withdrew ; which heartned the prince , so as he , recollectis suis voluit iterum praeliari , recollecting his forces , had a mind to try his and his fathers fortune again , and fight it out , quo cognito miserunt barones mediatones pacis ; which the barons understanding , sent unto him mediators to treat of a peace , promising the next morning to do it with effect ; at which time the fryers , minors and n praedicants passing and labouring betwixt both parties , the matters were adjourned until feria sexta some days after , when prince edward , and henry the king of almaine's son , were given as hostages for their fathers the kings of england and almain , and sub spe pacis & quietis delivered to earl symon de montfort , in the hopes of a peace and agreement , ita ut cum deliberatione tractaretur quae provisionum & statutorum essent pro utilitate regni tenenda & quae delenda ; so as they might at leisure , and with deliberation , treat and consider what provisions and statutes ( probably those which had been made at oxford , the darlings of their designs ) were for the good of the kingdom to be kept , or what laws were to be abrogated , such in all likelyhood as might clip the king's regalities , and make them to be as much , if not more , king then himself . ) and that in the mean time the prisoners on both sides should without any ransom be set at liberty ; insomuch as the sunday following all that had been taken on both sides were licensed to go to their own habitations ; and the king , as the said symon de montfort had directed him , did write to those which were in the castle of tunbridge in kent , to deliver it up to earl symon , which they did very unwillingly . sect . vii . of the evil actions and proceedings of symon de montfort and his rebellious partners , in the name of the king , whilst they kept him and his son prince edward , and divers of the loyal nobility , prisoners , from the th . of may in the th . year of his reign , until his and their delivery by the more fortunate battel at evesham the th . day of august in the th . year of his tormented reign . the old lyon thus taken and imprisoned , by the misfortune of his gallant whelp 's over-chasing and pursuing of a part of his enemies in the day and extremity of the battel , his rebels , when they had him , were at a stand what to do with him : they durst not let him loose , for that would but restore him to his strength and power , which his liberty might have regained : if they should have murdered him , that would have been so wide from a fix'd accomplishment of their wickedness , as , though it might have gained them a quiet , or for some time continued possession of a kingdom , yet it was not at all likely to have been settled to them and their heirs , whilst there was so wise and valiant a prince , and so many descendents of the royal line in remainder , which would have been always wrestling and contending for it , by the aid and assistance of a numerous , loyal , and potent nobility , and the common people , who would be able easily to distinguish betwixt right and wrong , would be more likely to love the former , hate , and bend all their forces and ill wishes against the latter , and mock and take all opportunities of revenge in the redemption of an immured sovereign , his crown , dignity and lineage : and therefore it would better suit with their wickedly-begun enterprizes , and already-gotten advantages , to make use of crafts and policy , and render his own power the means the faster to ensnare and entangle him , by putting him and his friends in hope of a peace , which they would not be very hasty in , until they had gotten his castles and strength into their hands , and drawn unto their party that part of his subjects that had not intermeddled in the quarrels betwixt them , but like men amazed stood at a gaze , wondring at it , and might well distrust , and be jealous of their former pretences and promises , when the prince , that had made himself a pledge and hostage for his father , that he might have his liberty , found it was never intended but to keep him , with all his hopes and fortunes , as much a prisoner as himself . and by those and other arts and contrivances , with their rebellious army not disbanded , but kept on foot to serve themselves and their prisoners , carried the king about with them from place to place , to countenance , against his will , their evil designs and actions : the people ( not of their party ) not daring to come either unto him or them , without letters of safe conduct , which in the king's name , whilst they play'd rex with it and his seal , they could grant and write what they pleased in the language of their own design , with which the patent and close rolls of that year and the next , with their dates and teste , when they had him in their custody , are well stor'd ; and in the mean time made it to be a great part of their care and business , to cause to be delivered up unto them , such castles and places of strength , as either they feared , or had not in their possession , as windsor , notingham , bamburgh , carlisle cum multis aliis , &c. of which amongst many , one to to drugo barentyn , ( who had then in windsor-castle , the custody of peter de moutfort taken in arms against the king ) may serve for instance , viz. rex drugoni de barentyn o constabular : castri de windsor salutem , quia specialia negotia vobis communicanda habemus , vobis mandamus in fide quâ nobis tenemini firmitèr injungentes , quatenus omnibus aliis praetermissis sitis ad nos london hoc instante die mercurii ad ultimum nobisnm locutum , & hoc nullatènus omittatis , nos enim praesentibus ad hoc vobis & his quos vobiscum ducetis salvum & securum conductum ( as much as a prisoner could aford ) praebemus in cujus , &c. teste rege apud sanctum paulum london sexto pie junii . upon the twenty seveneth day of july , anno o. of his reign , being at p st. pauls in london ; a letter was written to the king of france , in these words , regi franciae rex angliae salutem ; serenitatis vestrae literas per willielmum charles militem nostrum nobis porrectas receperimus inter caetera contimentes quod vobis multum complaceret , qùod firmam & utilem pacem nobis & regno nostro ad honorem dei & nostri cum baronibus nostris haberemus , & qùod aliquos de concilio vestro usque bonon mittetis ad diem veneris ante assumptionem beatae mariae & quòd ipsis tunc intendentes sitis prope , celsitudini vestrae quantas possumus gratiarum referimus actiones , per hoc manifestè perpendentes quòd circà commodum & honorem nostrum , nec non tranquillitatem & pacem regni nostri solliciti estis & intenti , nos autem die jovis prox : post festrum sancti petri ad vincula erimus apud dover , ita quòd nuntii nostri & baronum nostrorum dicta die veneris 〈…〉 ud bonon domino concedente ad tractand & faciend de dict● pace p●●●● nobis significâstis ; & quia negotium istud tam coeteros principes quam nos tangit in ordinatione pacis praedict ' ad honorem dei nostri & haered ' nostrorum honori & indempnitati ac tranquillitati regni nostri liberalitèr & benignè si placet providere velitis . teste rege apud sanctum paulum , london vicesimo septimo die julii . within three q dayes after , being the thirtyeth of iuly in the same year , a letter was sent in the name of that captive king , to simon de montfort earl of leicester , and gilbert de clare earl of gloucester and hertford , ( who were the chief of the party , who had subdued , taken , and kept him prisoner ) in the form following , viz. rex dilectis & fidelibus suis simoni de monteforti com' leicestr ' , & gilberto de clare com' glocestr ' & hertford ' salutem . cum nupertr anscriptum literarum domini regis franciae quod vobis pridiè transmisimus manifestè perpendere possitis , quod si cum praesato rege ( a special friend of their own party ) & aliis de partibus transmarinis tractatum pacis habere debeamus , oportet quod solempnes nuncii de concilio nostro & vestro ( as if they were partner kings ) sint apud bonon ' die veneris prox . post festum sancti petri ad vincula scilicet die veneris ante assumptionem beatae mariae in occursu nunciorum praesati regis , & quòd nos ipso die vel die jovis praecendenti simus apud dover , sicut praefato regi de concilio magnatum qui sunt nobiscum litteratoriè significavimus , & vos propter brevitatem temporis & distantiam locorum personaliter vix adesse possitis tempestivè , vos rogamus , quatenus statu regni nostri mandato praesati regis franciae , & periculis quae nobis & regno nostro ex prorogatione dicti negotii poterunt imminere , diligenter pensatis visis literis provideritis de nuntiis solempnibus & idoneis usque bonon ' mittendis ad d●em veneris supradictum , & cum eis ad nos mittatis dilectum & fidelem nostrum petrum de monteforti ( the earl of leicester's near kinsman , a most insolent domineering adversary ) cum formâ & potestate tractandi & firmandi pacem melius & salubrius fuerit faciend ' , mittatis etiam ad nos aliquos ad eundum nobiscum usque dover , & ad concilium impendendum , & responsum nuntiis euntibus & redeuntibus nobiscum de concilio vestro faciendum , quousque personaliter veniatis ; & quia praesens negotium summam et inestimabilem requirit celeritatem , eò quòd tempus breve est ultra modum , vos ambo , si quomodo fieri possit , vel alter vestrum statim visis literis ad nos veniatis , et si edwardus filius noster èt henricus de almaine nepos noster nobiscum essent apud dover , certi sumus quòd celerem et satis bonam pacem haberemus , et ideò si placet ipsos tanquam obsides in statum quo nunc sunt , ib ' . venire fac. t. &c. xxx die iulii . upon the th . day of september , in the same year and time of the king's imprisonment , all that he could do was upon his petition , as the record slovenly and undutifully intimateth , to get licence that henry the son of richard king of almaine , ( who was kept as a prisoner in dover castle , as a pledge for his father ) might go into france , to treat with that king ( their old confederate and friend ) for a peace to be made betwixt the king and his barons , upon his oath to do no prejudice to the disloyal barons , and that he might abide there until the nativity of the blessed virgin at night , or within two or three days after , upon a new licence of those barons , and bayl given by the envoys or embassador of the king of france resident in england , that he should not be detained in france ; upon an undertaking also of the said henry de alemannia to forfeit all his lands and possessions which he had or might have in england by inheritance or otherwise , and to be utterly deprived thereof , and the several bonds or recognisances severally given of the bishops of london , lincolne , worcester , winchester , chichester , coventry and lichfield , with the bishop elect of bath , in marks in silver a piece that he should return and rende● himself a prisoner as aforesaid , as the record thereof in the words ensuing doth testifie . rex omnibus , &c. cum dilectus et fidelis noster henricus filius regis almannia germanus noster charissimus sub custodia dilecti et fidelis nostri henrici de monteforti constabularis castri nostri dovoriae , sub certâ formâ obses constitutus suisset pro pace regni nostri conservanda et ad petitionem nostram pro pace inter nos et barones nostros praelocuta tractanda pleniùs et finienda ad dominum regem franc. illustrem in partes proficisceretur transmarinas idem . henricus almannia obtenta ab eis quibus obses datus fuerat super praedictis transfretandi licentia in praesentia nostra et venerabilium patrum h. london . r. lincoln . w. wigorn ' . j. winton ' . s. cicest ' . r. covent ' . et lich ' . w. say ' . episc. et w. electi bathon ' . promisit bonâ fide et tactis sacrosanctis evangeliis juravit quod cum omni studio et diligentiâ pacem praedictam procurabit , et nihil omninò faciat vel proponat verbo vel facto vel aliquo alio modo clàm vel palàm , quod possit esse contra pacem praedictam seu per quod pax ipsa impediri possit quoquomodo vel differri ubi praedicti barones gravari , et quod sive pacem procurare possit , sive non quod omni occasione et dilatione postposita usque ad festum nat ' . beatae virginis prox . futur ' . tota die ipsa sibi data revertetur ad castrum dovor ' . et ibi ponet se in manibus praedicti henr ' . de monteforti tanquam obsidem eodem modo et sub eadem forma , sicut erat ante recessum suum , ità tamen quòd si pro negotii consummatione ultra terminum praedictum per duos aut tres dies ad pius moram ipsius longior necessaria fuerit pro tanti temporis morâ dummodo baron ' . infra tempus praedictum super hoc premuniverit , & post biduum & triduum redierit nullatenùs occasionetur , dominus verò de nigol & dominus p. le chamberlens & magister henricus de verdel ' nuntii praedicti domini regis franciae . manu coeperunt , quod dictus henricus de almannia in regno franciae quo minus termino predicto liberè reverti possit à quoque non detinebitur invitus ; voluit autem henricus de almannia & concessit expressè , quòd si praedictae non observaverit , vel contrà ea vel eorum aliquod quoquomodo venire praesumpserit , hoc ipso terras suas omnes tenementa & possessiones , quae in regno nostro habet vel habere poterit , jure hereditario vel quovis alio modo , totaliter perdat , & eisdem ipso facto perpetuò privatus existat , nullo jure sibi aut haeredibus suis in posterum competente : in eisdem ad haec praedicti domini episcopi & electus immo & episcopus bathon ' , pro praefato henrico de almannia manu coeperunt , quod infrà terminum praedictum revertetur , & in eodem statu se reponet , in quo erat tempore recessus sui nisi casu fortuitò & inevitabili fuerit praepeditus , & hoc promiserint sub poena viginti millium marc ' argenti singuli insolidum commitend ' praefat ' henrico de monteforti custodi ejusdem henr ' de almannia , & cum effectu ab eisdem episcopis exigend ' , si infra praedictum tempus reversurus non fuerit & obsidem se reddiderit ut praedictum est . in cujus , &c. teste rege apud cantuariam quarto die septembris . and in their marching to and fro with their king a prisoner , in a victorious , powerful , undisbanded and undisturbed army , thought it would be convenient for their evil purposes to attract , as much as they could , the good will and hopes of the clergy , by an embrio or promise ( made amongst themselves the sixth day of october in the forty-eighth year of that over-power'd king's reign ) of some act or order of parliament , when they should be at leisure to obtain it , in these words , viz. purveu est s per comun assentement du roi & des prelaz des contes , & des barons de la tere ke les trespas ke fait sont contre seinte eglise en engleterre par acheson de trublement & de la guerre ke adeste en reaume de engleterre soient amendez en ceste forme . soint esluz des contes & des graunz gentz de la tere , par la volente & l'assentement des prelaz trois evesques ki des amendes resnables ke sont a foire pur les avantditz forfez ke ont este fait contre seinte eglise , aient plein poeer de establir & de purver kanqe bone sera & renable chose ceusque escomenge seront trovez soient assous en forme de droit par ceus qui poeer averont . la poeer des prelaz soit affirmee en ceste manere , promis soit en bone fai des contes e de la justice & des autres lais qui sont du counseil le roi e autres graunz barons du reaume , ke totes les choses ke les prelaz ke eleus seront purverunt renablement en nun des amendes garderont pur soi e metteront peine e bone fei de fere garder des autres & de ce ●ndoign●nt ●or lettres overtes derechef as prelaz , puis kil seront esluz , soit done pleine poeer du roi e de la communaute des contes & des barons & de graunz honmes de la tere , a purver les choses kee besoignables sont e profitables a plein reformement dec estat de seint eglise al honur deu a la foi nostre seinur le roi e au profit du reaume , & cco soit premis en bone soi par le roi & par les contes & les avantdiz barons , & par les autres graunz hommes de la tere , si en facent lec ' lettres overtes , cest assaver des choses ke unt este faites pus la pasch ' dereine dont un an ce est assaver le an nostre seignor le roi. si nul soit trove , ke ne voile ester al ordenement e la purveiaunce des avandiz prelaz en les choses avont dites , e selom les formes avant dites , sont destreint par sentence de seinte eglise : e si mester est soient destreint per la laie force , e que ceste chose se puisse meuz faire eit la justice cent ou plus chevalers ou seriaunz soudeers eluz a destreindre les meffesours , quant il serra requis par les avanditz prelaz citens soudeers de bens communs de seinte hglise soient sustenuz taunt com il sont en cele besoine . e cest ordenement durge sovans a un an ou a deus dekes les choses soient ben en pes , e les purveaunces de prelaz & la pes de la tere bien meintenue . purveu est , ke les bens des benefites de seinte eglise des aliens e des autres ke ont est contre la tere soient celui e sauvement garde par les mains des prelaz deserves a taunt ke soit purveu par comun conseil ke leu devera faire . e a fermete en tesmoinaunce de ceo le roi & les hauz homes de la tere ont mis lur seus a cest escrit , teste rege apud cantuar ' sexto die octobris . the th . day of that october t anno. . of his sorrowful raign which began october . annoque domini . . they caused a letter to be written in his name to the king of france for a safe conduct for the king's envoyes with the messengers of the barons to treat of a peace with him , and the pope's legats , concerning the state of the kingdom , as followeth , egregio principi domino , & consanguineo suo karissimo domino lud. dei gratiâ regi franciae , rex &c. cùm nuper quosdam de fidelibus nostris ad praesentiam vestram & ad venerabilem patrem g. sabin ' episcopum apostolicae sedis legatum , nec non ad alios amicos nostros in partibus illis ad tractandum de reformatione & pace status regni nostri destinavimus , quibus eundo illata fuerunt enormia dampna , de quibus anxiati ( with some indiscernable grief ) fuistis ut intellexerimus , propter quod alii periculis huiusmodi se committere minus ausi sunt , serenitatem vestram recipimus affectione quâ possumus ampliori , quatenùs nuntiis nostris & baronum nostrorum ad praesentiam vestram & ad legatum supradictum , nec non ad alios amieos nostros partium illarum in brevi destinand ' pro nego●●is antedictis salvum & securum conductum vestrum in eundo , ibidem morando , & inde recedendo , concedere velitis literas vestras inde patentes per latorem praes●ntium nobis si placet transmittentes , & ad ipsos tutiùs conducendos aliquos de fidelibus v stris usque witsand . in octabis instantis sancti martini obviam nostro amore sibi mittatis . teste rege apud westminster tricesimo die octobris anno regni nostri quadragesimo nono . the d. day of december , in the year aforesaid , they being in want of money to maintain and keep their army together , u carry on their designes and their royal prisoner , caused a writ to be sent to the bishop of norwich for some supply , sub hac formâ . rex norwicensi episcopo salutem ; cùm per praelatos & magnates regni nostri provisum esset unanimitèr & conc●ss●m , quòd decimae proventuum omnium beneficiorum in regno nostro darentur ad communem utilitatem eiusdem regni & ecclesiae anglicanae , & quòd huiusmodi decimae per locorum episcopos levarentur , & ad nos mitterentur , & tunc vobis mandaverimus , quòd juxta provisionem praedictam in vestra diocesi de beneficiis ecclesiasticis huiusmodi decimas levari & ad nos mitti faceretis indilatè convertendas in communem utilitatem regni nostri & ecclesiae praedictae , quod huc usque facere distulistis , de quo miramur quàm plurimum & movemur , vobis iteratò mandamus firmiter injungentes quatenus huiusmodi decimas sine omni dilatione levari , & eas usque london modis omnibus transmitti faciatis liberand ' venerabilibus patribus h. london , & w. wygorne episcopis , quibus injunximus , quòd eas recipiant & salvo custodiant , donec aliud inde preceperimus , ità quòd cas habeant in vigilia epiphaniae domini proxime futuri ad ultimum , & hoc sicut vos & honorem vestrum diligitis nullo modo omittatis , scituri , quòd nisi feceritis mandavimus vicecomiti nostro norff. & suff. quòd usque ad septingentas marcas ( a mandate which the bishops of london and worcester would not have been content with , if the king had been at liberty , and had not been as then he was a prisoner to their rebellious party ) in partem solutionis praedictae de bonis & catallis vestris in comitatibus praedictis sine dilatione levari & ad nos mitti faciat sine merâ per rad ' de camois , egidium de argen ' londini & wigorniae episcopos . teste rege apud oxon o. die decembris . the th . day of that december next following , having carried him in their victorious army to worcester , they caused a writ to be made in his name and under his seal , directed to the bishop of durham , in these words , viz. w henricus dei gratiâ rex angliae & dominus hiberniae & dux aquitaniae venerabili in christo patri r. eadem gratiâ episcopo dunelmensi salutem ; cùm post gravia turbationum & discriminum dudùm habita regno , charissimus filius edwardus primogenitus noster , pro pace in regno nostro assecuranda & firmanda , obses traditus exstitisset , & jam sedatâ ( benedictus sit deus ) turbatione × praedictâ super deliberatione ejusdem salubritèr providendâ & plenâ securitate & tranquillitate pacis ad honorem dei & utilitatem totius regni nostri firmandâ & totalitèr complendâ , ac super quibusdam aliis regni nostri negotiis , quae sine concilio vestro & aliorum praelatorum & magnatum nostrorum nolumus expediri cum iisdem tractatum habere nos oportet , vobis rogantes in fide & dilectione quibus nobis tenemini , quòd omni excusatione postposita & negotiis aliis praetermissis sitis ad nos london in octabis sancti hillarii proximi futuri nobiscum & cum praedictis praelatis & magnatibus nostris quos ibidem vocari fecimus super praemissis tractaturi & concilium impensuri , & hoc sicut nos & honorem nostrum & vestrum , nec non & communem regni nostri tranquillitatem diligitis nullatenùs omittatis . teste meipso . decembr ' anno regni nostri o. in formâ praedictâ subscribitur episcopis , abbatibus , prioribus subscriptis , &c. in formâ praedictâ mandatum est comitibus nostris & aliis subscriptis . dat. apud woodstock o. die decembris praedicti , viz. comiti leicester , comiti glouc. comiti norff. & marescallo angliae , comiti oxon , comiti derby , rogero de sancto johannis , hugo de spencer justiciar ' angliae , nicholao de segrave , johanni de vescy , roberto basset , g. de lucie & gilbert de gaunt , which were notoriously known to be of their party and like inclinations , in number or , a blank yet remaining upon the record for the names of those more loyal that were not of their conspiracy , which were very many , the writ it self to simon montfort earl of leicester and his consorts in that ungodly enterprise being not to be found at all entred . and of the same date sent out writs , in the kings name and under his seal , directed to all the sheriffs of the realm , wherein signifying the kingdom to be then in peace and quiet , and the king's desire to establish the same to the honour of god and benefit to his people , to send to the parliament , which was to be holden at london in the octaves of saint hillary then next ensuing , two knights elected for each county , and of the cityes and boroughs two citizens or burgesses , to treat with the king , praelates , and barons , and give their counsel . which writs of summons ( in the framing whereof their vvits could not be at leisure to think of an election of burgesses or procurators for the two universities of oxford and cambridge , as if those seminaries of learning had been incapacitated and merited a procul ite prophani ) made in and by the name of a captive king , whilst he was a prisoner of war , not taken by surprise or ambuscado , but fighting in a battle against a mighty army of rebels , that should have been his subjects , had it seems no other effect , than an attempt to summon their contrived new-fashioned parliament ; for that by a general disturbance ( none of the many boroughs in cornwal being then likely to come , for that the earl of cornwal was on the king's party and a prisoner ) and commotion of the kingdom in their minds and estates , discontents of the vanquisht nobility , absence and feared insurrections of that and a great part of the baronage and people that were not in the battle on either side , and the decov cunningly inserted in their writs of summons to a kind of parliament of their own framing , that pax reformata fuit betwixt him and the barons , benedictus sit deus , enticed many , that either fear or flattery perswaded to be on the stronger and prevailing side , to make their peace with them ; and either to joyn with them , or stand aloof off , and enjoy as well as they could , their large possessions and estates , which in those times could draw many tenants and followers after them . and being jealous of the affections , power , and strength of john balioll , and peter de brus , with certain other lords of scotland , robert de nevil , and some of the northern english barons , a writ in the king's name was also the th day of that december , sent unto them to come to london , ( but without any certain day , or mention that they were there to treat cum praelatis , comitibus , or cum coeteris magnatibus de arduis negotiis regni , and not mixt with other affairs , as the former or after form of summons to parliament , or those great councils , were accustomed to be ) with a more than ordinary safe conduct for their persons , and security in the interim for their lands and estates in the form following , viz. rex johanni de bailol y , petro de brus , roberto de nevil , eustachio de bailol , steph. de menill , gilberto haunsard , rad ' filio ranulphi ad ' de gensenr ' , roberto de stotevil de atton ' & sociis suis partium borealium salutem ; cùm karissimus filius edwardus primogenitus noster pro pace in regno nostro assecurandâ obses deputatus extitisset , & jam sedatâ ( benedictus deus ) turbatione praedictâ super liberatione ejusdem salubritèr providendâ & plena securitate tranquillitatis & pacis ad honorem dei & utilitatem totius regni nostri firmandâ finalitèr & complenda , per quod vobiscum volumus habere tractatum super praemissis & aliis negotiis nostris arduissimis , & pluries vobis mandaverimus quòd ad nos veniretis , nobiscum super specialibus negotiis nostris colloquium habituri , quod hucusque facere distulistis , de quo miramur & quàm plurimùm movemur ; vobis iteratò mandamus firmitèr injungentes , quòd omnibus negotiis praetermissis ad nos london sine omni dilatione veniatis nobiscum super praemissis locuturi , & hoc sicut nos & honorem nostrum & vestrum diligitis , nullo modo omittatis ; & ut securius ad nos venire possitis mittemus dilectum & fidelem nostrum johannem de burgo seniorem ad conducendum vos salvo & securè , sicut in literis nostris patentibus quas idem johannes super hoc habet plenius contin●tur ; mandavimus etiam dilectis & fidelibus nostris johanni de vescy , henrico de hastinges , joh ' de eynill , adi de novo mercato & aliis fidelibus nostris cum eis in partibus illis existentibus , quòd à gravaminibus , molestiis , dampnis , seu injuriis vobis aut hominibus vest is si ad nes veneritis inferendis penitùs desistant . in cujus , &c. teste rege apud wodest ' vicesimo quarto die decembris . and the th day z of that december , symon montfort and his confederates , wanting the council and assistance of the bishop of norwich ; and not knowing what to do either with the old lyon or the young , directed a writ unto him in the king's name in these words , viz. rex episcopo norwicen ' , cùm post gravia turbationum discrimina dudum habita in regno nostro karissimus filius edwardus primògenitus noster pro pace in regno nostro assecuranda & firmanda obses traditus extitisset , & jam sedatâ ( benedictus deus ) turbatione praedictâ super deliberatione ejusdem salubritèr providenda & plena securitate tranquillitatis & pacis ad honorem dei & utilitatem totius regni nostri firmanda & totalitèr complenda , ac super quibusdam aliis regni nostri negotiis quae sine consilio vestro & aliorum fidelium & magnatum nostrorum nolumus expediri cum eisdem tractatum habere nos oporteat , vobis mandamus rogantes in fide & dilectione quibus nobis tenemint , quòd omni occasione postpositâ & negotiis aliis praetermissis sitis ad nos london in octabis sancti hillarii proximè futuris , nobiscum & cum praedictis fidelibus & magnatibus nostris quos ib●dem vocari fecimus super praemissis tractaturi & concilium vestrum impensuri , & hoc sicut nos & honorem nostrum & vestrum nec non ad communem regni nostri tranquillitatem diligitis nullatenùs omittatis . teste rege apud wod ' vicesimo sexto die decembris . and believing it to a conduce much unto their naughty purposes to have the cinque-ports , who were by their tenures obliged to furnish out yearly a certain number of ships for the safeguard of the kingdom and seas appertaining thereunto , to be so much at their devotion and command , as to hinder any ayd which might come from any of the king's subjects and dominions in france , for the rescue of the king and prince out of their imprisonment and captivity , from which they never intended to release them , until they had despoiled him of all , or the greatest part of his regalities : the writ following was the th day of the then next following month of january , directed unto the barons and bailiffs of the cinque-ports to do that which they never did before , as followeth , &c. rex baronibus & ballivis portus sui de sandwico salutem . cum praelati & nobiles regni nostri tàm pro negotio liberationis edwardi primogeniti nostri quàm prò aliis communitatem regni nostri tangentibus ad instans parliamentum nostrum quod erit london in octabis sancti hillarii convocari fecimus , ubi vestrâ sicut & aliorum fidelium nostrorum praesentiâ plurimùm indigemus , vobis mandamus in side & dilectione quibus nobis tenemini firmitèr injungentes , quòd omnibus aliis praetermissis mittatis ad nos ibidem quatuor de legalioribus & discretioribus portus vestri , & quòd sint ibidem in octabis praedictis nobiscum & cum praelatis & magnatibus regni nostri tractaturi & super praemissis concilium impensuri , & hoc sicut honorem nostrum & vestrum & communem utilitatem regni nostri diligitis nullatenùs omittatis : teste rege apud westm ' vicesimo die januarii . similiter mandatum est singulis portubus ; being within the very octavies of st. hillary . the first day of february , in the year and time of the king's imprisonment as aforesaid , some discords and disturbances continuing in the university of cambridge amongst the students and schollars , which was begun three years before ; and some endeavours used to remove that university , or constitute and set up another at northampton ; a writ was as followeth , sent in the name of the king , to the mayor and citizens of northampton to prohibit it , viz. rex majori & b civibus suis northampton ' salutem ; cùm occasione cujusdam magnae contentionis in villa cantabr ' triennio jam elapso subortae nonnulli clericorum tunc ibidem studentium unanimiter ab ipsâ villa recessissent se usque ad villam vestrum praedictani northamp ' transferentes & ibidem studiis inherendo novam construere universitatem cupientes , nos illo tempore credentes villam illam ex hoc posse meliorari , & nobis utilitatem non modicam inde provenire votis dictorum clericorum ad eorum requisitionem annuebamus in hac parte , nunc autem ex relatu multorum fide dignorum veracitèr intellexerimus , quòd ex hujusmodi universitate si permaneret ibidem municipium nostrum oxoniae quod ab antiquo creatum est & à progenitoribus nostris regibus angliae confirmatum , ac ad commoditatem studentium communitèr approbatum c non mediocritèr lederetur quod nulla ratione vellemus ( the rather probably , for that symon montfort and his partners had but a little before tasted of the seduced friendship of that university , when many of its students , under a banner of their own , came to the seige of northampton , and fought stoutly for them against their king ) maximè cum universis episcopis terrae nostrae ad honorem dei & utilitatem ecclesiae anglicanae & proficui studentium videatur expedire , quòd universitas amoveatur à villa praedicta , sicut per literas suas patentes accepimus , vobis de consilio magnatum nostrorum firmitèr inhlbemus , nè in villâ vestrâ de coetero aliquam universitatem esse nec aliquos studentes ibidem manere permittatis alitèr quàm antè creationem dictae universitatis fieri consuevit . teste rege apud westm ' primo die febr ' . the th day of that february , urianus de sancto petro , and others of the county of chester , submitting themselves ad pacem of the king , ( as they were willing to have that rebellion called ) they did in the king's name give order for a restitution of his lands , and a protection for the future in these words , viz. rex rogero de lovetot d salutem ; cùm urianus de sancto petro , sicut & alii de comitatu cestriae ad pacem nostram venerit , per quod de consilio magnatum nostrorum , qui sunt de consilio nostro , ipsum & omnes terras & tenementa sua in protectionem & defensionem nostram suscepimus , & jam de consilio nostro praedicto sit provisum , quòd omnes terrae & tenementa ipsius uriani occasione turbationis in regno nostro uuper habitae per quoscunque occupata sibi restituantur , ac vos terras & tenementa praedicti uriani in comitatu hunted ' . occupaveritis & ea detineatis occupata occasione turbationis praedictae ut accepimus , vobis de consilio nostro praedicto mandamus in fide & homagio quibus nobis tenemini firmitèr injungentes , quòd omnes terras & tenementa praedicta per vos & vestros sic occupata sine dilatione restituatis eidem , & hoc nullatenùs omittatis . teste rege apud westmonasterium o die februarii . the fifteenth day of the same month and year reciting , that the king had caused two of the discreetest knights of every county of england , to be at his parliament ( as the barons that kept him prisoner were desirous to style it ) ad tractandum with the king and his council , de liberatione edwardi filii nostri , &c. and being informed , that two knights for the county of york had tarried long , ( not much above three weeks ) been at great expences , and paid great loans and taxes towards the defence of the kingdom , and maritime parts against the invasion of alien enemies ( the men that they so called , being only the king's french subjects ) they did in the king's name command , that the said two knights of that county , de consilio , by the advice and ayd of four knights of the said county , should leavy the said knights expences in their coming to that so called parliament , tarrying and return , which was either but a few dayes before ended , if it did either sit or do any thing at all in such a time of publick and general distraction , with a proviso , and under a condition , that the commonalty should not be ultrà modum oppressed thereby , in words ensuing . rex vicecomiti e eborum salutem . cùm nuper vocari secerimus duos de discretioribus militibus singulorum comitatuum nostrorum angliae quòd essent ad nos in parliamento nostro apud london , in octabis sancti hillarii proximò praeteritis ad tractandum nobiscum & cùm consilio nostro super deliberatione edwardi filii nostri karissimi & securitate inde faciendâ , nec non & aliis arduis regni nostri negotiis ac iidem milites moram diuturniorem quàm credebant traxerint ibidem , propter quod non modicas fecerint expensas , cùmque communitates dictorum comitatuum varias hoc anno fecerint praestationes ad defensionem regni nostri & maximè partium maritimarum contrà hostilem adventum alienigenarum , per quod aliquantulum se minimum sentiunt gravatas , tibi praecipimus , quod duobus militibus qui pro communitate dicti comitatûs praefato parliamento interfuerunt de consilio quatuor legalium militum ejusdem comitatus rationabiles expensas suas in veniendo ad dictum parliamentum ibidem morando & inde ad partes suas redeundo provideri , & eas de eadem communitate levari facias : provisò quòd ipsa communitas occasione praestationis istius ultrà modum non gravetur . t. r. apud westm ' o die februarii . which may warrant a belief , that either no other came , or that new-invented kind of parliament did not at all sit , there being upon diligent search of all the records of that greatlytroubled year , none other to be found of that nature . wherein , though no care was taken of other countyes , or of any the very many burgesses of that county , or of any other county intended to have been sent to that newly and first-of-all devised kind , or manner of an english great council or parliament , it appears to have been the first and only writ for parliament-men or members of the house of commons in parliament , that had or did bear any resemblance with that allowance of wages to any members of parliament in the house of commons ( howsoever much different ) after a long interval of time , used for wages allowed for parliament-members of the house of commons , king henry the third having never after his release from that imprisonment allowed any . the th day of the same month of february , in the year aforesaid gilbert de clare earl of gloucester and hertford , absenting himself from the army upon some discontent in a dislike of the said earl of leicester's actions and courses , a writ was sent unto him in the king's name as followeth . rex gilberto s de clare comiti gloucestr ' & hertford ' salutem . cùm hac instante die jovis in crastino cinerum super liberatione edwardi primogeniti nostri finalem habere velimus tractatum , vobis mandamus in fide homag . & dilectione quibus nobis tenemini firmitèr injungentes , quòd omnibus aliis praetermissis sitis ad nos die jovis praedictâ nobiscum super hoc tractaturi & consilium vestrum impensuri , ne retardatio liberationis ipsius vobis per moram & absentiam vestram ad diem illum meritò possit vel debeat imputari , quòd nullatenùs velle deberetis , & hoc sicut nos & honorem nostrum & vestrum ac tranquillitatem regni nostri noc non praedicti filii nostri liberationem diligitis , nullo modo omittatis . teste rege apud westmonasterium decimo sexto die februarii . the th . day g of that february a memorandum was entred in the form following , viz. die mercurii . prox . post festum s ●i petri ad cathedram recepit dominus . rex sigillum suum à magistro johanne de chishull archidiacono london , & illud commisit thomae de cantilup sicut continetur in rotulo patentium hujus anni . teste rege apud westm ' . die februarii . the d of march next following roger de mortuomari for a small time pretending to submit ad pacem domini regis , as they that had disturbed it would have it to be believed , had writs to the subjects of herefordshire and shropshire not to molest him , or his tenants , viz. rex vicecom ' heref. h salutem , cùm rogerus de mortuomari nuper ad pacem nostram venerit , & propter hoc hominibus suis in guerra in regno nostro super mota secum existentibus gratiam sacere velimus , tibi praecipimus quòd omnes homines praedictos quos pro eo quòd in guerrâ praedictâ cum ipso fuerunt capi vel attachiari fecisti sine dilatione deliberari fac : nec ipsos de caetero ob causam praedictam occasionari fae , nisi ipsos pro aliquo delicto ante guerram vel post guerram praedictam seu pacem nostram proclamatam ab eisdem commisso ccperis vel attachiari feceris , pro quo secundum consuetudinem regni nostri deliberari non debeant . teste rege apud westm ' tertio die martii . eodem modo mandatum est vicecomiti salop. pro hominibus ejusdem rogeri . per regem & consilium . robert de ferrers earl of darbie , a man of great power and revenue , not keeping pace with their designes , but falling roughly upon some of his tenants that adhered unto them , ada de tybetot complaining , had by the king concilio baronum the mannor of thorpe in leicestershire restored unto her , for that it was never the intention of the barons , as they said , that any women , especially widows , not being guilty , should suffer in that warr , by a writ sent unto nicholas de hastings who held the lands of the said earl of darby upon seizure and sequestration , sub hac forma of the date aforesaid , viz. rex nicho. de hastings custodi terrarum roberti de farrar com. derb. salutem . monstravit nobis ada de tibetot gravitèr conquerendo , quòd praefat ' com. occasione turbationis habitae in regno nostro manerium praedictae adae de thorp . cum suis pertinentiis in com. leic. occupavit & sibi detinuit ad ejus grave dampnum & jacturam manifestam ; quod quidem manerium unà cum aliis terris praefat ' com. nunc est in manu nostra , ut dicitur , quia verò nostrae nunquam extitit intentionis aut baronum nostrorum , quòd aliquae mulieres , & praecipuè viduae , dampnum aliquod vel jacturam incurrere deberent occasione turbationis praedictae , nisi illae quae turbationis illius participes extiterint , vobis de concilio baronum praedictorum mandamus , quòd inquisita super hoc plenius veritate si praefatam viduam de manerio suo praedicto per eundem com. ejectam inveneritis , ut praedictum est , & si ipsa de praedicta turbatione in nullo culpabilis extiterit , tunc eidem viduae de eodem manerio cum suis pertinentiis sesinam suam rehabere fac . teste rege apud westm ' . die martii per iustic . p. de monteforti , r. de s ti johanne , & adam de novo mercato . the th . day of that march the like writ was sent to the said nicholas hastings , to restore the princess elianor wise to the prince the mannor of ashford in the peake , which being assigned to her , the said earl had entred upon , for that it was never the king 's and the barons intentions , that women not guilty should suffer by these wars in which they had not offended , in the form following . rex nicho ' de i hastings custodi suo terrarum roberti de ferrar comitis derb. salutem . cùm edwardus filius noster karissimus dudum ante turbationem habitam in regno nostro manerium suum de arkeford in pecco cum pertinentiis elianor ' consorti suae ad cameram suam assignaverit , quod quidem manerium praefatus comes occasione turbationis praedictae nuper occupavit , ac nostrae nunquam extitit intentionis vel baronum nostrorum , quòd mulieres quae participes non extiterint praedictae turbationis dampnum vel jacturam aliquam debeant incurrere ; cùmque praedicta elianora in nullo culpabilis sit de turbatione praedicta , vobis de consilio praedictorum baronum mandamus , quòd eidem elianorae de manerio praedicto quod unà cum praedictis terris praefati comitis nunc est in manu nostra , ut dicitur , seisinam suam rehabere fac . teste rege apud westmonasterium quinto die martii . per consilium . the th day of that march mandates were sent by the king to roger de shurland , guncelin de badylmer , simon de crey , & quibusdam aliis , to come to him upon palm-sunday , wheresoever he should then be in england , viz. mandatum est rogero de shirland , in fide & dilectione quibus regi tenetur firmitèr injungendo , quòd modis omnibus sine omni dilatione veniat ad regem , it à quòd sit ad r. die lunae prox . ante instantem diem dominicam palmar ' ad ultimum ubicunque tunc rex fuerit in anglia cum rege locutur ' , & hoc nullo modo omitt . teste rege apud westmon ' . martii . eodem modo mandatum est gunselmo de badilmer , simoni de crey , & quibusdam aliis . roger de mortuo mari and other lords of the marches of wales , being by the king at his being at worcester de consilio baronum qui sunt de consilio regis , ordered to go into ireland at christmas next following , according to the instructions given by the king , and his barons , which time was afterwards prorogued until mid-lent , and from thence until eight dayes after easter , the king commanded them all business laid aside to be at chester , ready to go thither as the writt ensueing required , viz. rex regero de mortuomari salutem . k cum nobis nuper existen ' apud wigorn ' de concilio baronum qui sunt de concilio nostro prefixerimus vobis & aliis commarchionibus vestris vicesimum diem post festum natale domini annoque &c. . ad transfretand ' in hibernia in forma per nos & barones nostros & vos provisa ibidem & ob certas causas terminum illum postmodum prorogaverimus de gratia nostra speciali usque ad mediam quadragesimam proximo sequentem & similiter terminum dictae mediae quadragesim ' prorogavimus usque ad octabis paschae prox ' futur ' , ità tamen quòd tunc parati sitis proficisci ad partes hiberniae informa supradicta , nos hijs quae honorem & commodum vestrum contingunt prospicere cupientes in hâc parte vobis mandamus firmitèr in jungentes , quòd omnibus negotiis praetermissis modis omnibus sitis apud cestr ' in octabis praedictis parati proficisci ad partes hiberniae in forma supradicta , & hoc sicut honorem vestrum diligitis nullo modo omittatis . teste r. apud westm ' . die martii . per totum concilium . john the eldest son of the duke of britain , having married the kings daughter , and sent his ambassadours unto him upon some propositions made unto the king , an answer was returned thereunto , that as the king intended to shew unto him all affection and favour , that could be expected from him , in which resolution terrae suae magnates were willing to be consenting , so as he would manifest himself faithful in its defence cum magnatibus praedictis , which will require his presence which was much desired with a safe conduct , or otherwise that he would send his procurators , sufficiently instructed to that end , as the writ declared . rex . l j. primogenito duci britan ' salutem . auditis & pleniùs intellectis hijs quae nuntij vestri nuper cum literis vestris de credentia ad praesentiam nostram destinati ex parte vestra proponere voluerunt coram nobis supere isdem cum magnatibus terrae nostrae deliberatum concilium & tractatum habuimus diligentem , porrò in hoc nostra resedit deliberatio , ut nos qui promissa nostra seu conventiones vobiscum habitas irritas facere non intendimus , non solum in hiis quae juris vestri sunt vestra cum affectu exaudiamus desideria , sed & ultra cùm facultas se optulerit etiam de proprio gratiam vobis facere debeatis specialem ad quae per filiae nostrae copulam affinitas dudum inter nos contracta , nec non & vestra merita probitatis specialitèr nos inducunt in quo etiam affectionis nostrae proposito praedictos terrae nostrae magnates nobiscum consentientes invenimus & concordes ; dum tamen regni nostri fidelem vos exhibere & ad ejusdem defensionem cum magnatibus nostris praedictis manum virilitèr extendere volueritis adjutricem , sicut praedicti nuntii vestri vobis plenius referre poterunt unâ voce quod negotium consummandum simul & roborandum , vestram prout citius hoc commode facere poteritis , desideramus praesentiam , nostras de securo conductu vobis literas transmittentes , quòd si quo minus personalitèr hoc facere possitis , quod nollemus casu aliquo fueritis impediti tales & tàm sufficientèr instructos loco vestro procuratores transmittatis , qui in omnibus quae negotium requirit , eandem quam si ibi praesentes essetis à vobis habeant potestatem . t. r. apud westm ' die martii . per regem & totum concilium . idem j. habet literas de conductu prout patet in rotulo patentium sub eadem data . henry de boreham ( a judge ) being excommunicated by the bishop of london , the king by the writ following commanded him not to intermeddle in any business , untill he should be absolved . rex henrico de boreham salutem . m quia nobis esset verecundum et vobis minimè tutum , si alicui ministerio quod ad regiam dignitatem vel regimen regni nostri pertineat immisceritis ad praesens , cum ad denuntiationem venerabilis patris h. london episc. intellexerimus , quòd meritis vestris exigentibus sententia , excommunicationis estis innoditi , vòbis mandamus , quòd ad prudentiùs quod poteritis vos ab hujusmodi ministeriis substrahatis , donec beneficium absolutions obtinueritis . t. r. apud gloucest . die aprilis . per justic. et al' de consilio apud gloucest . the castle of bamburgh , with other castles , being as pledges for prince edwards true imprisonment , put into the custody of gilbert de clare earl of gloucester and hertford and robert de neville , and the said earl having promised to deliver up the said castle , and to cause the said robert de neville to appear in the kings court , and answer his not doing it , and the earl being afterwards commanded to deliver up the said castle , returned answer , that he could not do it , for that he was in wales , defending his own lands and estate , against his enemies ; the king notwithstanding commanded him to come unto him , and render the castle , or give order to some that might do it , as the writ bearing date the th day of april , in the year aforesaid , directed . rex dilecto & fideli suo gilberto de clare comiti gloucest . & hertford salutem , n cùm vos & robertus de nevill eui castrum nostrum de bamburgh dudum commissimus , quod edwardo primogenito nostro unà cum quibusdam aliis castris nostris jam commisimus tradenda in ostagium , tàm pro ipso quàm pro pace in regno nostro tenenda , prout in forma inter nos & praefatum filium nostrum & barones praedictos provisa & concessa pleniùs continetur , in praesentiâ nostrâ & magnatum nostrorum qui sunt de consilio nostro bona fide super omnia quae in regno nostro tenetis permiseritis reddere nobis castrum praedictum , & habere praefatum robertum coram nobis ad standum recto in curiâ nostrâ sicut vos ipsi plenius nostis , per quod vobis nuper mandavimus , quod omnibus negotiis praetermissis aliquem de vestris plenam potestatem habentem reddendi nobis castrum praedictum ad nos indilatè mitteretis , & jam nobis rescripseritis , quod hoc facere nequivistis propter moram vestram in partibus walliae ad defensionem terrarum vestrar ' , contra wallen ' inimicos vestros nos excusationem illam minus sufficientem reputantes , maximè cum aliquem de vestris qui ad arma non intendit ad nos misisse potuissetis , qui nomine vestro & praesati roberti plenam haberet potestatem reddendi nobis castrum praedictum , vobis iteratò mandamus , in fide & dilectione quibus nobis tenemini firmitèr injungentes , quòd vos ipsi in propria persona vestra ad nos sine omni dilatione accedatis , castrum praedictum nobis reddituri , vel talem loco vestro mittatis plenam habeat potestatem reddendi nobis castrum praedictum in forma supradicta , & hoc sub poena praedicta mullatenùs omittatis . teste rege apud westm ' die aprilis , per com. leic. justic. p. de monteforti , r. de s ti johanne , & alios de consilio . the first day of may in the year aforesaid , the said henry de borham not abstaining from the office and business of a judge , whilst he continued under the sentence of excommunication aforesaid , the king commanded him not to intermeddle therein , until he should be absolved , as the writ following signified . rex henrico de borham salutem . o quia per assertionem venerabilis patris h. london episc. intelleximus , quòd meritis vestris exigentibus excommunicationis sententia estis innodati , per qued ab omnibus arctius vitari debetis , nolumus quòd placitis nos sequentibus aut aliis quibuscunque placitis nostris intendatis , nec quod de aliquo quod ad justic. pertinet vos intromittatis , donec beneficium absolutionis merueritis , & aliud à nobis receperitis in mandatis . teste rege apud gloucester primo die maii. per r. com. leic. justic. & omnes de consilio tunc aqud gloucester existentes . the th day of that may a memorandum was entred upon the close rolls of the chancery in these words , viz. die jovis prox . post festum s ti johannis ante portam latinam hora prima magister thomas de cantilup cancellarius regis tradiderit rand ' de sandwic . custod ' de garder . regis sigillum domini regis in praesentia ipsius domini regis assistentibus hug. le despencer justic. angliae & petro de monteforti custodiend ' usque ad reditum ipsius thomae sub hac formâ , viz. quod idem rad ' sigill . in garder ' regis custodiat sub signo alicujus infrascript ' p. de monteforti , rogero de s to johanne & egidii de argentin vel alicujus eorum . et quòd signo signantis fracto signabit idem rand ' brevia illa quae sunt de cursu in ipsius praesentia , si abesse voluerit , ea tamen quae sunt de praecepto non nisi in praesentia signantis sigillabit , & de ejus assensu & brevibus tàm de cursu quàm de praecepto sigillum regis sub sigillo suo & eodem sigillo regis subsignato idem rand ' tunc reportet in garder ' praedict . & sic illud usque ad reditum ejusdem thomae custodiet in garder ' regis , & ista facta fuerit apud gloucester o die maii. the prince having the command of the judaisme or bank of the usuring jewes , as also the mannor , town , and castle of stamford assigned unto him , and being about the th day of may in the year aforesaid escaped out of the castle of hereford , where he had been long a prisoner , the king continuing a prisoner to his rebel-barons , to save his own life did command the treasurer and chamberlaines of the exchequer , that taking with them thomas cantelup his chancellour , they should collect for his use the tallage ( or tax ) lately laid upon the judaisme , and to remove adam de winton and thomas de cropp two of their justices , and put into that office william haselbeck and command the said justice not to obey the prince his son , and prohibit all the jewes in england to do the like , for that the prince his son , spreto concilio of the king and his faithful barons , subitò & inopinatò had joyned himself to the rebellious party to disturb the peace of the kingdom . rex thesau . & camerariis p suis salutem . quia edwardus filius noster cum judaismum vestrum sicut nostis ad tempus commisimus , nostro prorsus & magnatum & fidelium nostrorum spreto consilio subito & ex inopinato jam recessit ad quosdam rebelles nostros se transferendo , qui nos gravare & pacem regni nostri perturbare proponunt , dictum judaismum cepimus in manum nostram , & ideò vobis mandamus , quòd assumpto vobiscum magistro thom ' de cantilupo cancellario nostro , si adhuc london existit , talliagium nuper assessum super judaismum praedict : per thomam de ippegrave ad hoc assignatum per praedictum filium nostrum videri & illud ad opus nostrum colligi & salvo custodiri fac . donec aliud inde praecipimus , adam vero de winton socium roberti de cropp ' ab officio suo amoveatis , & loco suo will ' de haselbech substituatis , ità quod iidem will ' . & robertus officio justiciariae jud ' à modo intendant donec alitèr inde duxerimus ordinandi & eisdem justic. firmitèr injungatis ex parte nostra , nè praefato filio nostro vel suis in aliquo intendant , & quod ab omnibus judaeis angl. hoc idem scire faciant , & hoc non omittatis . teste rege apud herefordiam tricesimo die maii. and the same day , having been enforced to stile his loyal barons rebels , sent his writs to the sheriffs of herefordshire , shropshire , and staffordshire to proclaim , that no faires and markets should be kept within their liberties , and baylewicks , untill he should give further order , and that all victuals to be sold should be brought to hereford , or wheresoever the king should be , in these words . rex vicecom ' hereford salutem . q praecipimus tibi firmitèr injungentes , quòd per totam ballivam tuam firmitèr inhibere fac . ex parte nostra , nè aliquae feriae vel mercata de caetero teneantur in balliva praedicta , donec aliud inde mandavimus , sed ubiquè proclamari fae . ex parte nostra , quòd omnia victualia venalia ad nos usque hereford veniant , & exindè nos sequantur . & talitèr te habeas in hoc mandato nostro exequendo , quòd diligentiam tuam meritò commendare possimus . t. ut supra . eodem modo mandatum est vic. salop. & staff. and directed another writ for the seizing of the town and castle of stamford which was the princess's as followeth , viz. rex thomae de blund custodi terrarum thomae de ferrar ' salutem , r quia edwardus filius noster cui villam de stamford unà cum castro ejusdem villae nuper comm●s●●us 〈◊〉 ●d 〈◊〉 〈◊〉 nostrum , sicut nostis , nostro prorsus & m 〈…〉 〈◊〉 〈◊〉 nostror ' spreto consilio subito & inopinato jam 〈◊〉 〈◊〉 〈◊〉 rebelles nostros se transferendo , qui nos gravare & 〈◊〉 〈◊〉 nostri perturbare propo 〈…〉 , v●bis mandamus 〈◊〉 〈◊〉 , quòd villam praedictam sine dilatione capiatis in ma 〈…〉 〈◊〉 〈◊〉 & cam salvo custodiatis , ità quòd de exitibus inde prove 〈…〉 no●is respondeatis . teste , ut supra . the king being inforced to make s in his name ( 〈◊〉 and clam ' as it were ) an hue and cry against his own ●on upon his fortunate escape , sent the same day notice unt● john de eynill , a judge and a man much adhering to the barons and trusted by them , of the prince's escape from his imprisonment at hereford , and believing that he would apply himself to john de warren , william de valence and others disaffected in pembrokeshire and the marches of wales ( as in the language of some in those rebellious times they were then phrased ) and thence to go beyond the seas unless prevented , commanded him in fide & homagio , and under the forfeiture of all that he had , that cum equis & armis , & toto posse suo sub omni festinatione , he should come to him at worcester to march against his enemies . et eodem modo commanded all that held of him in capite , as well earls , barons , knights , as bishops , abbots , and priors , those only excepted which were of the earl of gloucester's party , in manner following , viz. rex johanni de eynill salutem . cùm nos & quidam magnates & fideles nostri in partibus hereford t circá tranquilli●atem & pacem partium illarum jampridèm agentes pro viribus laboravimus , prout status part●on earundem requirit , sperantes edwardum filium nostrum ad hoc adductorem praecipuum & serventiorem prae caeteris invenisse , idem edwardus die jovis in ebdomade pentecostes circà horam vespertinam à militum comitiva quos secum adspaciandos extra hereford duxerat , cum duobus militibus & quatuor scutiferis propositi sui consciis spreto concilio nostro & magnatum & fidelium nostrorum praedictorum subito & ex inopinato recessit , volens nt pro certo credimus se ad johannem de warrennia & willielmum de valencia & complices suos qui nuper absque conscientiâ nostrâ & voluntate , & contra pacem nostram applicuerunt in partibus pembrochiae , ac etiam ad quosdam marchiones rebelles nostros & pacis nostrae perturbatores transferre , ut exinde partes ad●at transmarinas vel alios illue mittat , qui adventum alienigenarum in regnum nostrum per partes pembrochiae , cùm alibi non pateat eis aditus , ad nostram & regni nostri confusionem procurent ; & quia praefati rebelles nostri , licet adhuc pauci existant , per hoc potestatem & vires suas augere possent , nisi ●orum insolentia antèquam ulterius invaleseat citiùs reprimatur , nos de vestrâ & aliorum fidelium nostrorum fidelitate & constantia specialitèr confidentes , vobis manda●us in fide , homagio , & dilectione quibus nobis estis astricti , & sub periculo amissionis omnia quae in regno nostro tenetis , ac sub debito sacramenti quo omnes & singuli de regno nostro sunt ad hoc specialiter obligati , & quod volumus & firmitèr observari injungentes , quatenùs statim visis literis istis ●mnibus aliis praetermissis , cum equis & armis & toto servitio vestro nobis debito , nec non & toto posse vestro sub omni festinatione de die & nocte usque wygorniam veniatis , parati exinde in manu forti ire nobiscum super inimicos nostros praedictos , & hoc sicut exhaeredationem nostram & vestram & perpetuam regni nostri confusionem vitare volueritis , & vitam propriam diligitis , nullo modo omittatis , nec de summonitione exercitûs brevitatem temporis allegetis , quia urgentissima necessitas tempus non patitur ulterius prorogari , nè inter moras per adventum alienigenarum quos iidem rebelles nostri expectant , eorundem vires in nostri & regni nostri perniciem augeri contingat , qui adhuc dum pacisci existunt de facili nobis poterunt subjugari . teste rege apud hereford tricesimo die maii. eodem modo scribitur omnibus tenentibus de rege in capite tàm videlicet episcopis , abbatibus , prioribus , quàm comitibus , baronibus , militibus , & omnibus aliis , exceptis illis qui sunt pro parte comitis gloucestriae . robert de ferrers earl of darby , having threatned to burn and spoyl the lands and estate of the abby of bildwas , and made the abbot to pay him a fine of marks for the redemption thereof , a w●it was sent to thomas le blund , who had in sequestration the lands of the said earl of derby , that he should out of the issues and profits thereof pay unto the said abbot and covent the aforesaid marks in these words , viz. rex thomae le blund custodi terrarum roberti de ferrar ' comitis derby salutem . u cùm tempore turbationis nuper habitae in regno nostro praefatus comes minatus fuerit abbati & conventui de bildewas de incendio domorum & depraedatione bonorum suorum , per quod idem abbas & conventus metu ducti finem fecerunt per centum marcas cum comite predicto , quas eidem solverunt , ut accepimus ; nos corum paupertati pio compatientes affectu , & eis gratiam facere volentes in hac parte vobis mandamus , quod de exitibus terrarum & tenementorum praedictorum eisdem abbati & conventui centum marcas habere facias , in recompensationem centum marcarum praedictarum , & hoc nullatenùs omittatis , t. r. apud hereford ● dic junii . the same first day of june , the king being carried along with the rebel-army captive to hereford , and having commanded all that held of him in capite to attend him there cum equis & armis , issued out his writ or proclamation to gilbert de preston , and the rest of the justices of the court of his bench , to surcease all pleas and proceedings , to the end that none be damnifyed in any actions at the present depending before them , super brevia , and that all things may remain as they were before , untill the king should give further order , as the writ or proclamation imported . rex gilberto de preston ' w & sociis suis justiciariis suis de banco salutem , t quia pro arduis & urgentissimis nostris & regni nostri negotiis jam vocari fecimus omnes qui de nobis tenent in capite , quòd cum equis & armis , cum servitio suo nobis debito , nec non & toto posse suo quod perquirere poterunt ad nos omnibus aliis praetermissis in partibus ubi nunc agimus festinantèr accedant , factu●i quod eisdem duxerimus injungendum , propter quod ipsi persecutioni vel defensioni loquelarum suarum quae sunt coram vobis per brevia nostra ad praesens intendere non possunt , volumus quòd omnia placita de banco remaneant in eodem statu in quo nunc sunt , donec aliud inde praecepimus ; & ideò vobis mandamus quòd hoc publicè proclamari faciatis . teste rege apud hereford o die junii per ipsum regem , justiciarium , & alios de consilio . teste rege apud heref. o die junii . the fourth day of that june in the year aforesaid , a writ or commission was in the imprisoned kings name sent unto the mayor , bayliffs , and citizens of bristol , mentioning , that the prince his son , contemning the councell of him and his barons , had joyned with his rebels ( for so they would style his more faithful subjects ) and endeavoured to go beyond seas to bring in forreigners , and to make out warrants and precepts in the name of the king , pretending it to be well pleasing unto him , quod absit , ( say that distressed kings commanders and tutors against his will ) and make him break his oath and peace made for the good of the kingdom , and to withdraw his subjects from their obedience , commanded them to obey his well beloved and faithful simon de montfort earl of leicester and john la war ' subconstable of the castle of bristol , or their substitutes , cum equis & armis & toto posse suo , as they tendred his good and their own estates , and in no manner of way to yield any obedience to the prince his son contrary to his command ; and for that he had been given to understand , that some ill-minded people have falsely suggested , that he hath not been made privy to what hath been done in his name required them to send . or . of their di●●r●●t●st and most honest citizens to him to be better informed of his will and pleasure therein , and that in the mean time strongly guarding the said town and castle , they do not suffer his said son or any on his behalf to enter therein , as the writ hereunto subjoyned dated at hereford will declare , viz. rex delectis & sidelibus suis , maiori , ballivis & probis hominibus x suis bristoll . salutem . cùm edwardus filius noster nostro & magnatum nostrorum spreto consilio se ad quosdam marchiones ac etiam alios inimicos & rebelles nostros trans●●derit , ut sic partes adeat transmarinas , vel alios illuc mittat qui alienigenas in regnum nostrum ad nostram & ejusdem regni confusionem introducant , nisi ipsius temeraria praesumptio citius reprimatur ; ac idem edwardus nomine nostro diversa facit mandata fingendo ●a nobis complacere , quod absit quòd hujusmodi mandata contra sacramentum nostrum & suum , & pacem in regno nostro co 〈…〉 iter ●uratam existant , ut sic corda vestra & aliorum fidelium nostrorum à fidelitate nobis debitâ avertant , nos de vestrae fidelitatis constantià quam ergà nos ●actenùs inde●essè gessistis plenam gerentes fiduciam vobis mandamus in fide & dilectione quibus tenemini rogantes & firmiter injungentes , quatenus dilecto & fideli nostro simoni de monteforti comiti leycestriae & johanni la war ' subconstabulario suo castr● praedicti vel ballivis suis ibidem tam equis & armis & toto posse vestro in omnibus quae ad custodiam castri praedicti pertinent auxiliantes sitis & consulentes , ità quòd fidelitatem etiam commendare debeamus , & hoc sicut honorem nostrum & vos & corpora vestra & omnia quae tenetis in regno nostro diligitis nullo modo omittatis , mandatis praesati filii nostri in nullo obtemperantes contra mandatum nostrum praedictum ; & quia intelleximus quòd aemuli quidam nostri vobis falsa suggerunt , quòd hujusmodi mandata nostra â nostrà conscientiâ non emanant placeret nobis , quòd decem vel duodecim de probioribus & discretioribus hominibus villae vestrae ad nos accederent voluntatem nostram super hoc pleniùs audituri , nihilominùs etiam circa custodiam villae vestrae praedictae tàm virlit●r & stre●●è vos habeatis prout alias vobis mandatum , quòd nec praesatus filius noster nec aliqui ex parte sua villam praedictam ingrediantur , seu aliquatenùs in villâ praedict ' receptenter , t. r. apud hereford quarto die junii . the king being at hereford the th day of that june in the year aforesaid , complaining that his son adhered ( as symon montfort and his partners constrained him to say ) to his rebells , and did publish themselves to be zealously willing to keep the peace and agreement which had been made by the consent of him and the whole commonalty of the kingdom , ( which if not comprehended in the nobility , which certainly they believed , was then a great untruth neither possible or probable ) and in regard that the bishop of london was a witness to the said agreement , and best acquainted with his actions therein , which might manifest who hath been most desirous of a peace , commanded him and all the rest of the prelates without delay to come to advise with him at glouc. the like writ being sent unto the bishops of winchester , ely , chester , salisbury , coventry , and lichfield , bath and wells with this addition , viz. and because under a colour of truth they did all that they could to draw unto them the hearts of the people , and that by the testimony of the king himself , and of them and the rest of the praelates , although the truth will appear , that it was not the king but those rebells ( for so in dread of his own and of his son's murder and death he was necessitated to call them ) that caused those troubles and discords , concerning which they were to make all hast , as the writs themselves sub hâc formâ did import . rex episcopo london salutem . quot & quantos labores nos & vos & alii praelati ac etiam magnates nostri pro pace regni firmanda , & liberatione edwardi filii nostri sustinuerimus , benè nostis , per cujus siquidem liberationem tumultuosis credamus pacem dedisse negotiis quae jam majori strepitu recidivant , idem enim edwardus nostro & fidelium nostrorum spreto consilio , sicut vobis & praelatis praedictis jampridèm significavimus , quibus rebellibus nostris jam adhaeret qui se regii honoris nec non tranquilitatis & pacis totius regni praecipuos dicunt esse zelatores , & ordinationes nuper london ( which have been yet invisible ) de nostro , & dicti filii nostri ac totius communitatis regni nostri assensu unanimi confectas concorditèr & approbatas in omnibus ut asserunt observare volentes , 〈◊〉 voce praedicant , & aliud opere manifestant ; & quia de nostro proposito & voluntate , & etiam de actibus ipsorum circà praemissa vobis qui ordinationum praedictarum conscii estis & testes esse debetis , ac etiam praecipui pacis amatores veritatem patere volumus , evidentèr vobis mandamus sub debito fidelitatis quibus nobis estis astricti firmitèr injungentes , quatenùs omni dilatione & excusatione postpositis ad nos sub omni festinatione usque gloucestriam accedatis , super praemissis ( which shews that supposed parliament had no long continuance ) consilium vestrum impensuri ; & hoc sicut honorem nostrum & vestrum diligitis & indempnitati totius regni prospicere volueritis nullo modo omittatis , nos enim hoc idem caeteris praelatis duxerimus injungendum . t. r. apud heref. . die junii . eodem modo mandatum est episcopis lincoln , winton , cestr ' , elyen ' , sarum , coventry & litchfield , bathon ' , & wellen ' cum adjectione subscripta , & quia tantam eorundem malitiam sub fictae veritatis colore per diversas partes praedicari faciunt , ad com●●ovenda corda populorum vestrum s 〈…〉 o cordis affectu peroptamus adventum , ut nostro , vestro , & aliorum praelatorum medianti testimonio veritas praevalere possit , & evidenter pateat non nos sed praefatos rebelles nostros subortis jam dissentionibus clàm praefecisse ; ut igitur ad honorem dei nostram & vestram & communem regni utilitatem vestro mediante consilio quo uti intendimus , possint ipsa negotia procedere , gressus vestros in quantum poteritis versus nos maturetis , nè per moras dictas dissentiones augeri contingat , ut sic exitium consequantur duriorem . but whilst that great rebell montfort , brother-in-law to his king and one of the god-fathers to the prince his son , taking himself to be too great to be a subject , and not being able to contain himself within the limits of gratitude and allegiance , or to resist the intreagues of the king of france , a long before dangerous and profest enemy to his king and soveraign , and altogether unwilling to lose the opportunity of a factious and discontented part of the english baronage , driving his charriot , furiously like jehu , though not with so good an authority , impowered as he thought , to make every one come behind him , and believing himself to be in so firme a league with his fortune and security , and assisted by lewelline prince of wales , who had confederated with him to raise a disturbance upon the lands and estates of mortimer , clifford , the earl of gloucester , and other barons marchers , so as they might not be in a condition to aid or relieve the king ; and he needed not dread any danger of losing the prey which he had gained , but might make what use he would of his haughty and domineering spirit , give laws to his assisting partners , and not be obliged to keep his agreement with gilbert de clare earl of gloucester and hertford , about the dividend of the spoil or share of the regal power , became taxed for doing more for his own particular than the publick good , usurping the redemption of prisoners at his pleasure , and to prolong the business did not to use the means of a parliament to end it ; his sons also , and peter de montfort his kinsman ( presuming upon his success and greatness ) growing insolent , which made the earl of gloucester to desert him and his party ; and the more loyal barons not well pleased to have their king led about captive ; and those who had so deeply engaged with montfort , x for the provisions extorted from the king at oxford , could not well digest so great an affront put upon him and themselves , and to have the king and kingdom y governed at the discretion of twenty-four conservators , after reduced to a much lesser number , into which every one could not be admitted , calmely considering the great confusions , envies and ambitions , which would happen by so ( like to be so ) dangerous and unquiet an innovation , were content and propounded , that those ordinances or provisions should be made void , and the king restored to his former rights and condition ; but peter de montfort a principal rebel as well as a near kinsman of symon de montfort's with four others opposed it , and was made governour of hereford not long before the prince's escape from his imprisonment there . which was principally contrived by the means of roger de mortimer , who seeing his soveraign in so great a distress , and nothing but ruine and misery attending himself and all other the king 's loyal subjects , could take no rest until he had by his intelligence and correspondency held with gilbert de clare earl of gloucester , william de valence earl of pembroke , newly returned into england , the lord clifford , and other the loyal barons z marchers , wrought some way for the deliverance of the prince , in order to that of the king. which was in this manner effected ; a swift horse was sent , as a present to the prince then prisoner in the castle of hereford , whither the army had afterwards brought the king in no better a condition , with intimation that he should obtain leave to ride out for a tryal , or for recreation , into a place called widmersh , and that upon sight of a person mounted upon a white horse at the foot of culington hill , and waving his bonnet ( which was , as it was said , the lord of croft , an a ancestor of the now bishop of hereford of that sir-name and ancient family ) he should hast towards him with all possible speed ; which being so accordingly done , as he ( though all the country thereabouts were thither called to prevent his escape ) setting spurs to that horse out-rid them all , and being come to the park of culington was met by roger de mortimer with five hundred armed men , who turning upon the many pursuers , chased them back with a great slaughter to the gates of hereford ; b but by henry knighton and others it is related , that roger de mortimer having sent the prince a swift horse for that purpose , which he obtaining leave of peter de montfort to try , if he were of use for the great saddle , first wearied out other horses , and then got on the swift horse ( a boy with two swords whom the said roger de mortimer had sent being near with another horse ) and turning himself to robert de ross then his keeper , and to others by-standers said , i have been in your custody for a time , but now i bid you farewel , and so rode away ; the said roger de mortimer with his banner displayed receiving him at a little hill called dinmore conveyed him safe to his castle at wigmore . which did put montfort and his fellow-rebels into such a consternation and care of themselves and the custody of their royal prisoner , as besides their many cautions to watch his motions , and stop the princes passage into the parts beyond the seas , a writ was sent to the sheriff of herefordshire in the king's name , commanding the most of the gentry of that county ( amongst whom hugo de croft c was mentioned ) to come cum equis & armis & toto posse suo ad desensionem villae de hereford , and to the king wheresoever he should be , under the pain of forfeiture of all that they had , and for ever to be disherited . sect . viii . of the actions of the prince after his escape , his success at the battle of evesham , release of the king his father and restoring him to his rights . prince edward being thus at liberty , did by the help of mortimer , d clare earl of gloucester , the earl warren , william de valence earl of pembroke , the lord clifford , and other the lords marchers , soon raise a powerful army , multitudes of the counties of hereford , worcester , salop and chester coming to his aid , took the castle and city of worcester , had the castle of monmouth delivered unto him , which he demolished ; surprized the town of kenilworth in warwickshire , whither young simon de montfort had brought up many of the northern barons of that party to the number of banners , took no less than thirteen of the chief of them , young simon and others escaping into the castle . in the mean time the said symon earl of leicester , carrying the king along with him as his prisoner , upon lammas day being the first day of august , receiving intelligence that the prince was at worcester , and not knowing that kenilworth was taken , marched towards evesham about break of the day , on purpose to meet with those barons , which his son had brought out of the north , of which the prince being advertised , advanced speedily after him , and got betwixt him and kenilworth , mortimer and the earl of gloucester so disposing the forces which they commanded , as that he was almost invironed . seeing himself therefore in that streight , he forthwith drew out his men , and prepared for battell , it being then the nones of august , and ascending the hill discovered prince edward and his army on the top thereof , which was divided into three parts ; the first led by himself , the second by the earl of gloucester , the third by mortimer , the business being so ordered , that no other colours appeared then the banner of young symon and the rest taken at kenilworth , which caused the earl to suppose , that many of them had been of his own party , but upon further view he understood the contrary , for the prince afterwards took down those colours , and instead of them erected his own and the earl of gloucesters banners on the one side , and mortimers towards the west , which unexpected sight caused such a discouragement in the army of the barons , as that the welsh betook themselves to flight , and the rest being over-powerd were totally routed , so that few escaped the slaughter : of those who were slain and not taken prisoners , were as to the principal persons symon de monfort earl of leicester himself ( whose head , hands , and feet being cut off , were sent to the lady mortimer then at wigmore castle ) henry de montfort his eldest son , hugh le dispencer then justice of england , ralph basset of drayton , thomas de astely , peter de montfort , william de mandeville , john de beauchamp of bedford , guy de baliol , and divers other persons of quality , with a multitude of the common sort : of those that were wounded and taken prisoners , the chief were , guy de montfort a younger son of the said symon de montfort , john fitz-john , humphry de bohun the younger , john de vescy , peter de monfort junior , and nicholas de segrave ; and it was said that when the earl of leicester discerned the form of the princes battalia , he swore by the arm of st. james ( his usual oath ) they have done discreetly , but this they have learned of me , let us therefore commend our souls to god , because our bodies are theirs ; f and encouraging his men told them , they were to fight for the law of the land , yea the cause of god and justice , and advising hugh le despencer , ralph basset , and some others to flie , and reserve themselves for better times , they refused so to do , but rather chose to die with him . who although he was an arch-rebell , and in that a pest or plague unto the nation , yet the deluded people could not think f it enough to honour and follow him in his life time , but would in the fame of his supposed miracles have worshipped him for a saint after his death , if the king had not prohibited them . sect . ix . of the proceedings of king henry the third after his release and restauration until his death . the long imprisoned and sadly misused king thus happily released out of his thraldome , but yet with the loss of some of his own , as well as too much of his subjects blood , by a wound casually received in the battle , was now rid of his jaylor , whom he feared and hated , as he said himself more than any man living , and he that before was forced to write and speak as montfort and the rebellious barons would dictate unto him , obey their orders as soon as they were proposed , declare his son and loyal subjects rebels , and the rebels his most faithful councel , could like a bird out of the snare of the fowler , when he was at liberty , and had escaped their tyranny , give them their proper names and titles , call their whole business a rebellion , and made them glad to receive their pardons , under the character of his enemies , g as in the pardons of john fitz-john , basset , and others , and with the victorious prince , the redeemer of him and the kingdom , went to winchester , where a parliament being convoked , all who adhered to simon de montfort , were disinherited , and their estates conferred upon others at the king's pleasure , the liberties of london forfeited and taken from them ; in which year that valiant prince his son , as h mat. paris hath recorded it , fought a single combat with adam de go●rdon the out-law near farneham , where finding him in the woods , and personally engaging with him , the fight continued so long , and with such animosity and courage on both sides , as they as well as the spectators marvailing at each others extraordinary unwearied valour , the sturdy out-law was at last content , upon the prince's offer to procure his pardon , to throw down his arms , and was restored to favour and his former estate . and the king notwithstanding the success at the battle of evesham , and his advantages gained thereby , continuing his endeavours to free his kingdom from the danger , damage , and disturbance of any further rebellion , having gathered together a formidable army , treated upon hostages given with young simon de montfort , for a peace to be granted unto him as to his own particular , and for the delivering up of the castle of kenilworth , wherein he had despitefully behaved himself by cutting off the hand of one of his courriers whom he had intercepted , and sending it unto him in a ridiculous jee●ing manner , not only from himself , but some of his complices that were forfeited and disherited . but they that were in the castle denying to surrender it , either to the king or symon , in regard that they were intrusted by the countess of leicester , who was beyond the seas , and without her order they would not do it . in the mean time , whilst the king besieged killingworth castle , which held out half a year , a great party of those that were disherited growing desperate , retired to the isle of ely , which they did begin to fortifie , and from thence making incursions into the adjacent parts did great mischief . which to repress , ●aith i mathew paris , citantur communium communes ad ●os vallandos & eorum egressum impediendum , which in great numbers they endeavoured to doe , but were over-reached by the military arts and stratagems of the montfortian party , the king having the castle of kenilworth surrendred unto him . symon and guy de montfort sons to the earl of leicester , with the disinherited barons who escaped from the battel of evesham , defending the isle of ely , the king and the prince going with an army against them streightly besieged them , and tendred them afterwards gentle conditions , wherein the king 's privy councel were divided , for that mortimer k having the whole earldom , honor , and great estate of the earl of oxford , after the battle of evesham granted unto him , and many others who had great quantities of the disherited parties lands given unto them , were unwilling to forgo what the king had for their valour and fidelity bestowed upon them , and therefore would hold what they had ; but gloucester and the twelve ordained to deal for the peace of the state , and other their friends , which were many , stood stifly for a restoration . which raised new displeasures , so as gloucester retired from the court , and sent a messenger to require the king to remove strangers l from his court , and observe the provisions made at oxford , according to his last promise made at evesham , otherwise he should not marvel , if himself did what he thought fit ; whereupon in the one and fiftieth year of his raigne at s t. edmunds-bury was a parliament summoned , unto which were cited comites & barones , archiepiscopi , episcopi & abbates m and all who held by knights service were to appear with horse and armour for the vanquishing of those disherited persons , who contrary to the peace of the kingdom held the isle of ely. john de warren earl of surrey and william de valentia were sent to the earl of gloucester ( who had leavied an army upon the borders of wales ) to come in a fair manner to that parliament , which he refused to do , but gave it under his hand , that he would never bear arms against the king , or his son edward , but to defend himself and pursue roger mortimer and other his enemies , for which he pretended to have taken armes . the first demand in that parliament which was made by the king n and the legat , was , that the clergy should grant a tenth for three years to come , and for the years past , so much as they gave the barons for defending the coasts against the invasion of strangers : whereto they answred , that the war was begun by unjust desires , which yet continued , and it was more necessary to treat of the peace of the kingdom , to make use of the parliament for the benefit thereof , and not to extort moneys , considering the land had been so much destroy'd by the war , as it would never be recovered . when it was required , that the clergy might be taxed by laymen according to the just value : they answer , it was neither reason nor justice that they should intermeddle in collecting the th , which they would never consent unto , but would have the antient taxation to stand . it was desired , that they would give the th of their baronies and lay-fees according to their utmost values : they answered , that they were impoverished in attending the king in his expeditions , and their lands lay untilled by reason of the wars . it was moved , that in liev of a th they should give among them marks to discharge the king's debts , contracted concerning the kingdom of sicily : they answered , they would give nothing , in regard that all those taxations and extortions formerly made by the king , were never converted to his own use , or the benefit of the kingdom . demand being made , that all the clergy-men which held baronies or other lay-fees , should personally serve in the wars : they answer , they were not to sight with the material sword , but the spiritual , and that their baronies were given of mere almes . being required to discharge the ● which the bishops of rochester , bath , and the abbot of westminster stood bound to the pope's merchants , for the king's service at their being at the court of rome : they answered , that they never consented to pay such loan , and therefore were not bound to discharge it . then the legate from the pope required , that without delay praedication should be made throughout the kingdom , to incite men to take the cross for the recovery of the holy land : whereunto answer was made , that the greatest part of the people were already consumed by the sword , and that if they should undertake that action , there would be none left to defend the kingdom , and the legate seemed to desire to extirpate the nation and introduce strangers . lastly , when it was urged , that the praelates were bound to yield to all the kings demands by their oath at coventry , where they did swear to aid him by all means possible they could : they answered , that when they took that oath , they understood no other aids than spiritual and wholsome councell . so nothing but denyals being obteyned in that parliament , the legat imployed some to sollicite the disherited lords , that held the isle of ely , to leave off their robberies , and return to the peace of the king , the faith and unity of the church , according to the form provided by the dictum de kenilworth , made by a commission of the king ( no dict or act of parliament ) to of the peers , for the redemption of their inheritances , given away by the king for five say some , other seven , years profits . they who had no lands were to give their oaths , and to find sureties for their peaceable behaviour , and make such satisfaction and undergo such penances , as the church should appoint ; they who were tenants should lose their right to their farmes , o saving the right of their lords ; they who did instigate any to fight against the king , should forfeit the profit of their lands for two years ; and if any person should refuse those conditions , they should be de exhereditatis , and have no power of recovering their estates ; in which composition or dictum , some persons , and particularly symon de montfort himself and his heirs , were excluded . to which they answered , that they hold the faith received from their catholick fathers , and their obedience to the roman church , as the head of all christianity , but not to the avarice and wilful exactions of those who ought to govern the same . and that their praedecessors and ancestors , whose heirs they were , having conquered the land by the sword , they held themselves to be unjustly r disherited , and that it was against the popes mandate they should be so dealt withal : that they had formerly taken their oaths , to defend the kingdom and holy church ( all the prelates thundring the sentence of excommunication against such as withstood the same ) and according to that oath they were prepared to spend their lives ; and seeing they warred for the benefit of the kingdom and holy church , they were to sustain their lives by the goods of those that detained their lands , which the legat ought to cause to be restored to them . besides , they declared to the legat , that they had irreverently ejected out of the kingdom the bishops of winchester , london and chester , whereby the councell of the kingdom was in great part weakned ; willed that they might be restored to their lands , without redemption ; that the provisions of oxford might be observed , and that they might have hostages delivered unto them into the island , to hold the same peaceably for five years to come , until they might perceive how the king would perform his promises . but this stubbornness so exasperated the king , as the next year following , with a mighty army he did so beset the isle , as he shut them up , and prince edward with bridges made on boats entred the same in diverse places , and constrained them to yeild . and in the d . year of s his raign devastavit , saith matthew paris , per totum regnum de comitatu in comitatum , qui stabilem contravenientibus intentarent , ut videlicet , si quid possessiones alienas , sive ovium , vel boum , vel aliquid usurparet injustè , subiret sententiam capitalem . in the mean time the earl of gloucester with his army marched to london , where by the citizens he was received ; but the legat residing in the tower so prevailed with him , as he rendred himself to the king , and was shortly after reconciled by the mediation of the king of the romans , and the lord philip basset , upon the forfeiture of marks if he should ever raise any commotion . which being effected , the king went with an army into wales against lewellin their r prince , for ayding simon montfort and the earl of gloucester against him ; but his wrath being for l. sterling appeased , a peace was concluded betwixt them , and four cantreds which had been taken from him by right of warr restored . whereby those bloody , long , and ruining controversies betwixt that unfortunate prince king henry the third , and a great ill disposed part of his subjects , led and managed by some of his overgrown nobility , and haereditary great officers of his crown and estate , ( which had in and from his infant age to fifty-seven vexed and disquieted him and his government ) were drawing towards an end . and whilst ●e laboured to repress those disorders which the warrs had produced , issued out his writs to all the sheriffs s and justices itinerants , to leavy ● with all speed out of the extract rolls of fines and americaments , to be paid into the exchequer for the expences of william de beverlaco prince edwards chaplain , sent to rome about his affairs . and in the same year beholding with tears the ruines of the burnt and deformed t church of norwich , after the bishops excommunication of all that had consented unto it : and trivet the judg punishing the offenders , he fined the city in marks of silver , towards the repairing of that church , and a cup of gold of the value of one hundred pounds . in the th year of his raign , parliamentum tenuit apud marleburgh in quo de assensu comitum & baronum ( no mention at all being made of the commonalty , as well high as low , in the record , but is justly to be charged as a fault or mistake upon mr. pulton's translation of our statutes into english ) edita sunt statuta . the legat ottobon signed with the croysado both the king's sons edward and edmond , the earl of gloucester and divers other noble men undertaking a war for the recovery of the holy land , prince edward in that long and perillous journey carrying with him his beloved consort elianor then young with child , and mortgaging gascony to the king of france for marks , who was also personally engaged in the same expedition , and left his aged father the king , broken with the cares and toyles of war , and imprisonment , who after his son prince edward's departure , being in the fifty-fifth year of his raign , having borrowed moneys of his brother richard king of almaine , to help to set forward his son edward , and falling desperately sick and past all hopes of recovery , assigned unto his said brother all the revenues of the crown , except wardships ; u marriages , releifes , escheats of the counties , eyres of the justices , and the juries , which he retained in his own hands to his own use . a nostre soustenance ( as the words of the record are ) & de nostre reyne e de nos mesnees e a nos de nos dettes aleger . and shortly after being doubtful of his recovery from that sickness , whilst prince edward his son and heir to the crown was engaged in that so called holy war , wrote his letter of advice unto him speedily to return into england upon his fatherly blessing , notwithstanding his vow and engagement in that affair , in such manner as might be most for his honour in these words , viz. rex edwardo primogenito suo karissimo salutem & paternam benedictionem ; tenore literarum vestrarum nobis super vestro comitivae vestrae statu prospero & jocundo , benedictus deus , transmissarum audito pleniùs & intellecto laeti efficiebomur w & hilares in immensum , & ettam ante receptionem ipsarum literarum tanta & tam gravi infirmitate detinebamur , x quòd onmes & singult existentes physici & alii de vita nostra comm●●iter desperabant , nec tempore quo later praesentium à nobis recessit de nostra convaltscentia spes aliqua habebatur , verùm tamen prout altissimo de statu nostro placuerit ordinare vos indè per nostros nuntios reddemus frequentiùs certiores , undè cùm vos in haereditatem ( not by election ) regni nostri tanquam primogenitus & haeres noster post nos succedere debeatis , vos post receptionem praesentium ad partes remotiores nullatenùs transferatis , antè qùam de statu nostro certitudinem habueritis pleniorem , tùm quia si papa crearetur & mandaret charissimo fratri nostro regi alem illustri avunculo vestro , cui custodia regni praedicti de concilio vestro commissa fuit , oporteat ipsum pro statu sui regni alem ' ad curiam romanam modis omnibus personaliter accedere , ità quòd ad depressionem quorundam male volorum infra regnum nostrum existentium sicut nostis intendere non posset , ut expediret , tàm quia si occasione mortis nostrae ( quod absit ) vos oporteat ad propria remeare causa regiminis regni praedicti recipiendi cum rege franciae , qui ad partes franciae in brevi reversurus est ( ut dicitur ) honestè redire poteritis & decentèr , super quibus omnibus tale concilum habeatis , quale vobis & honori vestro ac ipsi regno , & paci , & tranquillitati ejusdem magis videritis expedire ; & hoc sub obtentu paternae benedictionis nullatenùs omittatis , & ut vobis de voluntate nostra constet in praemissis consulimus bonâ fide , quòd ad propria redeatis sine morâ , quià vestris & regni praedicti negotiis ad votum ordinatis & dispositis poteritis cum praefato rege franciae redire versus terram sanctam in subsidium ejusdem prout màgis noveritis convenire ; teste rege apud westm ' o die februarii . and tired with the many troubles , with which the rebellious and unquiet spirits of too many of his subjects had from his infancy never ceased to torment him , exchanged his earthly habitation for a better before his son could hear of his death , or return to take possession of his kingdom and inheritance . and although he against his will left behind him the first original or draught of a constitution or design of an house or convocation , now called an house of commons in parliament , which can claim no better an extraction then it's birth and first procreation from a force and duress of imprisonment , put by a rebellious army upon their vanquished soveraign , whilst he was in dread of the life of himself and his son , and his brother and his son , for more than a year and a quarter , and led about , and made to say , and do , and yeild unto every thing , which they would have him . that afflicted prince did not after the battle of evesham , during all the time of his raign , which continued about eight years after , make use of that kind of writs of summons , or of that form for the election of knights , citizens and burgesses to let in the tide of the vulgar with their ignorance , upon his highest and greatest councel . and those new-contrived writs of summons could not in all probability obtain a quiet sitting , or accommodate the pretended ends and purposes of the framers thereof , neither be intended to erect a third estate , nor agree with the constrained conservatorships , or other their designs , otherwise than to maintain those rebellious barons in the powers that they had usurped . sect . x. that those new contrived writs of summons , made by undue means upon such a disturbed occasion , could neither obtain a proper or quiet sitting in parliament , or the pretended ends and purposes of the framers thereof , and that such an hasty and indigested constitution could never be intended to erect a third estate in the kingdom , equal in power with the king and his great councel the house of peers , or consistent with the pretended conservatorships , or to be co-ordinate with the king and his great councel of peers , or to be a curb to any of them , or themselves , or upon any other design , then to procure some money to wade through that their dangerous success . in regard that very many of the counties , and a great part of england , as most of the northern , much of wales , and the marches thereof under the influence and power of valence earl of pembroke , mortimer , clare earl of gloucester , clifford , le strange , and other welsh lords marchers , and of john balioll , and other of the northern barons joyned to the power and influence of gilbert de clare earl of gloucester after his forsaking of montfort , neither could or were like to come unto that so packed parliament ; for richard earl of cornewall had very many borough towns in that county ; wales and its thirteen shires , and the largely priviledged earldom of chester sent no knights or burgesses to sit in the house of commons in parliament , either then , or before , or since , until by an act of parliament made in the later end of the raign of king henry the eighth , they were authorised to be elected for that purpose ; warren earl of surrey , and sussex was not in those counties destitute of many , ferrers earl of darby falling off from montfort could not but in the large extent of his estate drew away very many of their well-wishers , followers , friends , allies , tenants , or dependants , and such as held of them by knights service , and in soccage or burgage , and many knights , citizens , and burgesses to be so elected ( except those in london and westminster , if any did then appear to have been chosen ) as not dareing to come to that kind of new parliament without a convoy ; although the power of the earl of oxford one of their associates in the county of essex was then very great , whilst they were almost daily and hourly haunted and tormented in their minds and estates with jealousies , fears and dangers , and the often sad and dolorous tidings of devastations , slaughters , plunders and sequestrations ; that misused king himself not being able to have any of his servants or subjects that he had , sent for to come unto him , without a convoy to defend them from spoil and pillage . and the exactest search , that hath been or can be made , cannot find any formal or certain sitting of a parliament , any writs or indentures returned , any session , act or thing done in that so newly framed parliament , when the minds of the rebels themselves were so tormented and distracted with fears and cares to preserve themselves and their royal booty , as they could neither be safe in keeping of him , or restoring him to his liberty ; for that the abused lyon , patient for a while against his will , once let loose might remember past injuries , and tear them in peices ; and no act or memorial can be seen of any more , than the petition of two of the knights elected for the county of york , and their allowance of wages , where the rebellious party seemed to be most powerful , ( no burgesses of the many towns and boroughs in that large county at all , it seems , then appearing or petitioning ) by a tax or levy made upon that county , which created the first president or custom of giving wages unto knights of the shires ( no other knights of the shires or burgesses of townes , if there were or had been any elected , then demanding the like allowance ) and that which was allowed the said yorkshire knights was , partly for expences supposed in their helping to guard the maritime parts to keep out strangers , or the kings own subjects in his several provinces of france , from coming from the parts beyond the seas to assist him , no journal or record of any petitions made , or grievances exhibited , conferences , debates , decisions , acts , orders or ordinances , and that one that was made was only to engage and cozen as many as they could of the bishops and clergy into their own design . and therein none of the commons , or men of that election , do seem at all to trouble their heads , or be named as actors or consenters therein ; for it is expresly said to be provided , per commun assentement du roy & des prelaz des contes & des barons de la tere , & a fermete en tesmoinaunce le roy & les hauz hommes de la tere ont mis leur seus ; neither doth there appear to to have been any prorogation or adiournment thereof . and there was like to have been no small want of money , when symon de montfort and his partners , especially after the earl of gloucester's sullennes and departure from them , to maintain and keep together so instable a people , and so great a number for the guard of their royal prisoners and their own evil doings , marching and maintaining their army from place to place , ungarrisoning and garrisoning divers of the king's castles and places of strength , together with the no small charges of their disloyal contrivances , envoys , and ambassadours to their good friends , the king of france , and the pope . their great necessities appearing very demonstrable , in their harshly pressing the bishops for some arreares of the clergy , tenths , seizing and sequestration of the rents and estates , as much as they could come at , of the loyal party to the pretended use of the king , taking away the tax and tallage of the judaism or banks of the jews ( the then , besides the caursini the popes bankers or brokers , only usurers of the kingdom , ) which had been assigned to the prince ; not omitting the getting into their hands the tolls and profits of the markets and fairs appertaining to his mannor of stamford , who untill the very instant of his escape from the castle of hereford , where he had long lain a quiet prisoner under their persecution , had enjoyed them . all , or but some , of which might have given them a temptation and opportunity , if they had had the mind or least inclination to it , to have taken those few commons that were with them into their association , and moulded them into a neverbefore-used form or figure of a parliament ( ever since so mistakenly called , ) or constitution of a third estate and house of commons therein , when anciently and long before our kings great councels or parliaments consisted only of such lords spiritual and temporal , as they should please to advise withal , and those commons which they had with them do not appear to have made any act of parliament or ordinance for the raising of money to support the charges of their rebellion . but that part of the baronage appeared to have been so unwilling to take them into their company , or give them any occasion to contemn or lift themselves above their former condition , as when in the difficulties with which they wrestled , upon the prince's denying his consent ever to have been given to a supposed ordinance then lately ( as they would have as many as they could make believe it ) to have been made at london , by the prelates and barons , by the unanimous assent of the king and his son the prince & totius communitatis regni , concerning the setling of peace in the kingdom , the freeing of the prince from his imprisonment , and the discharge of the ill opinion which many of the people had of their actions , they were constrained to send writs in the king's name the th . of june in the same year of that imprisoned king , dated at hereford , unto the bishops of london , winchester , ely , salisbury , chester , coventry and lichfeild , bath and wells , and the rest of the prelates , who may then be understood to have been absent to come omni festinatione to advise with him at gloucester , to assist him with their councels , and be a means to take off those rumours which had been raised , that by the testimony of the king himself and the rest of the prelats , the truth might appear , that it was not the king himself , but the rebels ( as whilest he was in their power he was made to stile his son the prince and his loyal party . ) but none of the commons before summoned , or designed to have been summoned , had any new writs sent unto them for that purpose to meet at gloucester , which would have been very necessary , if they could have born any testimony to that supposed ordinance , ( which is not in any of the records of that year , or any other year , those monumenta vetustatis & veritatis , to be seen ; ) or if they had had any vote in that imaginary parliament , it would not have been said in that king 's writ , dated at westminster the first day of february in the year aforesaid , and in the close rolls of that year , that although upon some discords arising amongst the scholars in the university of cambridge , the king had given leave , that there might be an university established at northampton , yet being informed by all the bishops of the kingdom , that it would greatly inconvenience the university of oxford , he did de concilio magnatum strictly forbid it . but if there had been any proceedings upon those writs , for the election of members to constitute an house of commons , for that or any long time expended in the duration thereof , few of whom either came , or were willing or dared to be present at that new-fancied parliament , which could not be believed to have had any duration or long continuance , if it had at all gained a lawful beginning , or could have overcome those many obstructions , which lay before them , those two knights of the shire sent out of yorkshire , who had obtained a writ for their wages or charges in coming , tarrying , or returning , and were possibly gone homeward , or shortly going , would not have made such hast to be gone . it being alwayes to be remembred , that although king edward the first had so subdued wales as to make them obedient unto such laws as he would have them obey , yet king henry the eighth was the first that removed the barr and accustomed distances and enmities , that had long continued between the english and the welsh , when in the th . year of his reign he did incorporate his dominion of wales with his kingdom of england , and ordained that all that were born , or to be born in wales should enjoy the laws of the realm , which and no other be willed should be used in wales , and that two knights should be chosen to be knights as members in the house of commons in parliament for the county , and one burgess for the town of monmouth : knights and burgesses shall be chosen in every shire and borough of wales to come unto the parliament , and have the allowance of wages , as others used to have , and there should be two knights for the county of chester chosen , and two burgesses for the city , to be members of the house of commons in parliament : which rendred it to be not only improbable , but impossible that any knights or burgesses for wales , and the counties of chester and monmouth , and the boroughs thereof , in that so new-created parliament of symon de montfort's own framing , in anno of king henry the third , or in any other parliaments better authorized , until the aforesaid reign of king henry the eighth : and it is also remarkable , and to be observed ; that the county palatine of durham , and the borough of newark in the county of nottingham , had no authority to send burgesses to parliament , neither did , untill his now majesties happy restauration . or if that ( so would be called ) parliament could by any stretch of fancy have been supposed to have been itinerant with the army , it could never come up to any probability , that that king so governed against his will by it , would the fourth day of june by his writ , dated at hereford directed to the mayor and bayliffs of bristol , have commanded them to send unto him ten or twelve of their most honest and discreet citizens , to satisfie the rest of the city , that he had been privy unto all that had been done in his name , and to the end that they might be better informed of his will and pleasure , if there had been any members of parliament for the city there already with him elected or attending . for certainly they that had strugled so much and contended to blood for a twenty-four conservatorships , reduced during the kings imprisonment to nine , after to four , of the more special rebellious undertakers , would be loath to part with that power and false authority which they had so desperately gained . and the business for which the knights and burgesses were desired by them to be elected and called together to treat with the prelates and nobles of the kingdom , whom the king , as they would have it believed , had caused to be summoned and called to a parliament which was to be holden in octabis s ti hillarii then next coming , as well concerning the delivery of his son prince edward out of prison , where he remained a pledge or hostage for the king , as for other matters touching the common good of the kingdom , in which the presence of them , and other loyal men , as the writ said , was requisite , and were in fide & dilectione in which they were bound unto the king to be there , to treat of such things , as the king , by the advice of his prelates and barons , should for the common profit of the kingdom ordain , as they tendered his and their honours ( a word by the customes and curialities of england not in these or many ages after usual or appropriate to the commons & burgesses or tradesmen of england ) . and was an import beyond the understanding and reach of the capacity of the vulgar , and if it could have been thought to have been fitting or necessary for that instant emergency , could not with any reason or true judgment be supposed , to have been proper advisers for any afterward matters of state , weighty or grave deliberations , upon which the safety and welfare of the whole nation was to have any dependance ; as if that prince edward or any other prince , our kings eldest son , had for all ages to come been supposed to be prisoners , or hostages for their father . neither could such a device be in any probability long , or any thing near everlastingin , the very design it self , or meaning of the contrivers ; for that even after they were to a despair utterly overthrown at the battle of evesham , and the dictum , pardons , and compositions made at kenelworth , the earl of gloucester upon a renewed discontent raised forces and demanded the observation of the provisions made at oxford , ( which amongst other things for the conservatorships ) which he alledged the king had promised at the battle of evesham , ( and very likely , if at all , after the battel ended ) and some of the disherited lords that had fled to the isle of ely , and forcibly withheld the possession thereof from the king , did amongst other their demands make it to be one of their propositions , that the provisions of oxford might be observed . and that kind of summons made in and by the name of a captive king , when he was a prisoner could not by any rule of law or reason , have been then added to our ancient fundamental laws , and made to be a fundamental law , as ancient as the government , upon which the house of peers , and a great part of the monarchy was built ; nor such a third estate or constitution of a different nature , and after so long an interval of time made to be co-ordinate with it , which the provisions at the forced parliament at oxford , ( if any such thing as a co-ordination in a house or society of elected commons had then been in actu or rerum natura , or in any being or existence before the framing of those provisions ) did annihilate , and seem never to intend . and if such a novel , great councel , parliament , or convocation could have met with any success , which in regard of discords , rebellions , hostilities , jealousies , and fears then busying and disturbing the kingdom , was every where embarassed , and incumbred with dangers and troubles , the king and his brother , the prince his son , with many of the loyal part of the baronage imprisoned , and the remaining part of them either fled , or under the power of their and the kingdomes enemies , could have taken root or gained any fixation ; no small contests and dissentions arising betwixt the earls of leicester and gloucester , and their several adherents , two of the greatest supports y of the faction ( as it usually happeneth , saith daniel , in confederacies , where all must be pleased , or all the knot will break ) about their dividends , private and particular agreements . it could not easily , or at all receive any entertainment in the reason or understanding of mankind , or which is much less any colour of it , or less than that in any man's imagination or conjecture not mad or distempered , that such a numerous part of the commons , as to the burgesses to be elected out of the vulgar , rude , rash , giddy , and apt-to-be-partial , and easily misled , affrighted , or flattered sort of the people , should produce any good effect , either to themselves or the publick , when too many of them were , or would be likely to be , most commonly altogether illiterate , and of such as could escape that unhappy character ; but few that had ever looked in at the threshold or door of good learning and policy , and fewer that had spent any or much of their time in it ; but addicted themselves , or imployed most of their thoughts upon the cares of managing their own estates , husbandry , trade , or other necessaries of livelihood , more proper for the common and inferior ranks of the people , upon whom very many sad and often experiments have for many ages and centuries before , deservedly fixed , and imposed the indeleble marks of mobile , prosanum , & scelestum vulgus , and given us a lamentable account of many of their mad and reasonless advices , willful , and head-long actions , to the destruction , not only of their superiours , and those that would or should guide them , but of themselves , and all that have had to do with them , or any ill governed assembly , sr let-loose multitude of men. which , without good accidents , and much difficulty to boot , are seldom governed , or brought within the bounds or compass of well digested reason and prudence ; especially , if they sit for any long time to hatch or brood factions or partialities , envies , ammosities , self-interests , over-strained liberties , authorities , priviledges , and taking too much upon them . and there could not be any or much good event expected to happen to the councels of princes , or the weal publick , either as to the secrecy ( the life of councels ) consultive or active part of them . or to those rebellious lords themselves , who as the case then stood with them , were concerned to order the business as much as they could for their own preservation and advantage , and to take care that there should be some bridle or method to restrain them . and there being besides twenty-four cities in england , where two citizens were to be chosen out of each , by the direction of that novel writ , and a great number out of as many boroughs , and corporation-towns then in england , at the arbitrary and corrupt power of the sheriffs , as it after proved and hapned , with its thirty-nine shires , and two knights to be chosen out of each , ( the counties and boroughs of wales not being at that time to be put into the account ) and four out of every of the cinque-ports , the number would so swell and increase , as might very much exceed that of the peers and barons , which in the largest estimate would not then arrive unto two hundred and eighty , and according to the then more common accompt ; and they then summoned ad libitum regis , not many more than sixty , in which high and honourable court , and house of z lords spiritual and temporal , should that very great surpassing number of commons have their equal suffrages , as it may be believed they never were intended to be allowed , the lesser number would be over-powered by the greater ; the more noble prudent and concerned , by those that were little at all , and introduce a community or vassalage upon themselves and their posterity , which the roman senators and patritii in a common-wealth , made out of a monarchy for fear of tyranny , were unwilling to admit , and when they were seditioned and mutinyed unto it , left their chiland seri nepotes to endure the dire effects of their often changes from kings to consuls , from decem-virates unto tribunes of the people , censors , tribunes-military , bloody proscriptions , and wars betwixt the patritii and plebeians , pacified and succeeded by a dictator , after that a trim-virate , after that an emperor and semper augustus caesar , with an arbitrary power , until good and wholsome laws of their own making gave an allay unto it . for such a miscellany of imis cum summis of inferiours with superiors could not be deemed to be either more or better enabled than the prelates and baronage of the nation , the moratiores bomines men of better extraction & education , the ancient extraordinary grand councel of our kings and princes not meanly , but eminently skilled in matters of state and policy , religion , war , forreign languages , and affairs of their own state and others , and in the quieting the troubles of it . nor could that their device at that time have much assurance of any good success therein , when the prince was a prisoner and hostage for his father , ( who was long after in no better a condition ) against the laws of wars , and rules of hostages , and the tenor of those writs of summons carried nothing in them of a perpetual constitution , or any thing more than pro hac vice , and for that only time and purpose . or that such a parcel of the lower ranks of people could be more knowing and intelligent , than the king of france , assisted by his grand and learned nobility , clergy , and wisdom of his parliament of paris were not long before , when they determined those grand and long-depending bloodily-agitated controversies , betwixt that persecuted king , and some of his then ungovernable barons , concerning the disloyal and unhappy provisions enforced from him at oxford some years before . and such a novum & inauditum betwixt a monarch and king ( no feudatory ) and his rebellious subjects , referred to the advice of themselves , or their partizans , touching the claim of their pretences in their own particular cases , being not easily to be found in any the annals , histories , or records of this or any other kingdom or nation . for many of the milites or knights in that new contrivance to be elected , were at that time , as to their estates , of so general and lost esteem , as twenty or fifteen pounds per annum , was by the statute of the first year of the raign of king edward the second , which was not much above forty three years after , conceived to be no contemptible rate , or proportion of livelihood for a knight ; when a william de felton , an ancestor of a family now of good note , in the county of suffolk , being in the third year of the raign of king edward the third , presented before the justices itinerant , to be seized of the mannot of botingdon , quod valet per annum twenty pounds , & to be thirty years old , & nondum miles ideo in misericordia , and many gentlemen of good extractions and families did heretofore appear , to have been long after retained under earls and barons in the wars , and service of their prince , and not seldom as domesticks , and more especial servants in their then large and honourable families , and have been their receivers , stewards or feodaries , worn their more special livings , and taken wages , dyet , and allowance for themselves , and a limited number of men and horses , altho some of them have been gentlemen of good value and descent , and very many of those which have been since elected , are not denyed to have been persons of ancient and worshipful families . the citizens and burgesses ( merchants excepted ) such as did sordidas artes exercere , as the civil law stileth b them men that usually made their gain , or manner of living by deceits and lying , and were as our common law above two hundred years after declared them , saith littleton , to be men with c whose daughters to marry would be to a gentleman such a disparagement , as the parents and kindred might legally complain of it ; and the testimony , saith the caesarean or civil law , of a gentleman was to go as far , or to be valued , as two of them . and how unequal they were like to be in their births , reputations , and requisite parliamentary abilities , who being to be very burgesses , and city or town-trading inhabitants , according to the intention of those writs , could not be expected to be other , than such as were only bred and instructed in the arts , tricks , deceits , and mysteries ( as they have been since well called ) of trade , and the most of their estates and livelihood gained by it , being much more wickedly than honest , as their apprentices and journey-men , who know the secret thereof , can witness ; nor to be able or serviceable to their prince in any thing , more than to attend him ( if he should need or call him ) as a merchant to some great and publick mart or fair , to help him to buy or sell such things as should be there marchantable , or that the knights to be chosen in the shires , who in those times made the military exercises to be their greatest care and employment , would not be more necessary and fit to attend their soveraign , to perform the office and intention of those writs , to defend their king , themselves , their country , friends and neighbours , and to do that which every gentleman , and such as were è meliori luto of the more refined clay , better born and bred , than the rude vulgus , or common sort of people , would of themselves , if not commanded , or otherwise by their tenures obliged , be willing to do ; as that learned french lawyer d brissonius well observeth , qu'en la necessitie de guerre toutes les gentilz hommes sont tenus de prendre les armes pour la necessitie du roy ; which by our laws of england is so to be encouraged , as it is treason to kill any man , that goeth to aid the king , and is no e more than what the oaths of allegiance and supremacy do bind every english-man unto , although they should tarry in the camp more than forty dayes , or not have escuage or any allowance of their charges from their own tenants . and the people of the counties and cities , as well as the smaller towns or boroughs , which were to delegate or commission them , and make them wise enough to give their assent in that great and solemn assembly and councel of the king and his prelates , baronage , lords spiritual and temporal , unto what they should ordain in quibusdam ( not in omnibus ) arduis , high and extraordinary matters concerning the king , church , and kingdom , not in ordinary or common , were only , or more especially , to take into their consideration , and inform the state , commerce , interest , and affairs , abilities , or disabilities of the countries , & places to supply their soveraign's occasions ; & some of those burgesses elected , and sent from poor fisher-maritime-towns ( the most prudent observers of whom might have done aristotle good service in his enquiries ( not of the politicks , but ) of the ebbing and flowing of the sea , or some of the lesser genery , or over-grown yeomanry , as might instruct varro or columella in the design of writing their books de re rusticâ , or the well lined plausible dweller in some inconsiderable villes , or a small number of houses , little better than cottages , with a fair inn , with two carved or gilded sign posts , and a st. george on horse-back unmercifully killing the dragon , and the inhabitants , men of no more language , wit , or learning , than was scarcely sufficient to manage their vulgar mechanick employments ) might have been more useful in the parliament of the twenty-seventh year of the raign of king edward the third , when the statutes of the staple , and the staple cities , and towns so greatly concerning the after happening golden-fleece-flourishing-wollen-trade , and manufacture in england , and the enriching those cities and towns , were made and enacted . and the consent or advice therein of the vulgar or ignoble part of the free-holders , might have been more requisite in the making and framing the act of parliament in the twenty-third year of the raign of the aforesaid king , touching labourers and servants ; or that long after made by queen elizabeth , in the fifth year of her raign , limiting the wages of servants , artificers , and workmen , as being likely to be more sensible , and to give good instructions in their own concernments , than in those of their superiours , their land-lords , viz. the king , nobility , bishops , gentry , irelgious houses , colledges , universities , deaneries , praebendaries , hospitals , corporations , and companies of trades , &c. those that were boroughs were not then so many or half so big , as they have been since by our king 's royal favours , in the granting of fairs and markets unto them , with divers other immunities and priviledges , &c. nor had gained so great additions to their buildings , and former extent by their scituation or neighbourhood to some great town or city of trade ; and the inhabitants of them men only conversant in the evil arts of trade , and with demetrius the silver-smith ready to do more for diana's temple , than st. paul's preaching , and lay out that little understanding that they have , in taking some lands to farm near adjoyning ; and being as little acquainted as may be with state-policy , or any thing out of the reach of their neighbourhood , will be as unfit to know or discern wise men , as the corydons , hobby-nolls , country carters , or mechanicks are , or would be , to elect or give their votes or suffrages , for the taking of the degrees of doctors , masters , or batchelors of arts in our universities ; or as brick-laiers would be to give their direction and advice in the building , rigging , tackle , steering , and sailing of a ship. or to give a liberty to the boys to choose their school-master , and direct what methods he should use in the governing of them ; or to the common people , to elect and choose the king 's privy council , or to have votes or suffrages in the making or repeal of such laws , as the variety of their humours , interests , envies , ambitious ignorances , and whimsies should perswade them to obey or be ruled by , or such as may consist with all of them together , or as much as for that very instant or moment of time may agree with every man 's particular fancy , interests , occasion , advantage , will , or pleasure ; or of those that shall awe , flatter , bribe , delude , fool , or seduce them . or in the hurry and distraction which rebel-armies and gatherings of , a misled or cheated part of , the people in such a collection use to be , might probably think it necessary and greatly conducing to their present self advantages , to procure them that were under the influence of their power , then very formidable , or of the tenancy or dependance of themselves , or the rest of the baronage , whom they were labouring by force , fear , flattery , or other seducing and evil arts , to entice and draw into their party , to consent for the present , to the advice or petitioning for the confirmation or establishment of the constrained provisions made at oxford ; and their conservatorships which the king of france had not long before solemnly in his aforesaid arbitration condemned and annulled . for the f engine or knack of the twenty-four conservators to govern them and the king and kingdom , twelve as it was sometimes proposed to be chosen by the king , and twelve by the victorious rebels , after confined to a much smaller number , as their power and usurped authority in a short time after gave them the liberty and occasion , could never be thought to be with any intention to continue that new model or frame of parliament any longer than pro hâc vice , until the imprisoned king and prince should be released , and the disturbances of the kingdom quieted , as those writs of simon and peter de montfort's own framing and putting under the king's name and seal did , if they might be credited , seem to import . but were rather convened for simon de montfort's particular ambition , and establishment , nor could otherwise be interpreted to amount to any more , than the most likely to have been the dismal effects thereof , the destruction of the king and his family , subversion of the ancient fundamental laws and customs of the nation , and change of our ancient monarchy into an oligarchy . and must either be understood not to have known at all the fundamental usages , customes , priviledges of the praelates , nobility , and great men of the realm in their king 's great councels , or parliaments , when they were thereunto summoned ; and that long after both by the feudal , and common laws of this kingdom , the lords spiritual and temporal were in parliament to assess a proportionable escuage h upon such of their tenants , who held any capite lands , and did not go with them in person to serve their king and country , and were not to be their own assessors , but submit unto what they should in those great councels , subordinate to their king 's , determine ; and as they anciently were used to do , when taxes were laid upon knights fees , when the common people that were to pay them were not all present , or any for them . or never to intend to introduce such a party of the common people into a co-ordination or fellowship with them , in a subordination to their soveraign , which might , as they did afterwards entice them to , encroach and believe , that a license of petitioning for redress of any grievances which might happen , and a liberty to give an approbation and obedience to what should be there ordained by the king , by the advice of his lords spiritual and temporal for the publick good , should be in , or unto them , or their successors an authority or original power , to controul what their kings by the counsel of their lords spiritual and temporal should there find necessary to enact ; when they could not forget , that even in the time of the imprisonment of king henry the third , they did in his letters , rescripts , writs , and edicts , written and sent about the kingdom in his name , i amounting to no fewer than sixteen , mention that his said orders , acts , and commands were done by the counsel and advice procerum & magnatum suorum , and in some of them his prelates , barons , & hautes hommes , but nothing at all of the commons . and that rebellious part of the baronage might the easier be led into that they never meant , when they had some reason to think or assure themselves , that such an election of members , or the parts of the common people , would much advance the fixing and setling their designes , when they could not but acknowledge , that they owed much of their liberties and happiness under their kings and princes unto them , and their ancestors , as in particular , unto an earl of oxford , in procuring of the king three hundreds in the county of essex , to be diaforrested , and might be glad to entail and perpetuate their assistances , dependencies , hospitalities , priviledges , and favours upon their posterity , and after generations ; and rather return a submissive compliance unto them well accepted , than to endeavour to prejudice , or in the least to make themselves equal unto them , or mastors of them , but would be content to be ruled by them , and not endeavour to govern or domineer over them . with which doth accord that well founded opinion and answer of that k excellent prince , and very martyr king charles the first , our late gracious and pious soveraign , in his answer to the haughty and undutiful nineteen propositions , sent unto him by the rebellious and misled parliament , the second day of june , one thousand six hundred forty two , that the house of commons was never intended for any share in the government , or the choosing of them that should govern , and were not likely , in those early and troublesome times , to get any root or foundation for such an unwarrantable pretence . and might have believed , that the prelates and baronage of england had heretofore power and influence sufficient , to have kept them in a better order , both towards them and their sovereign . sect . ii. of the great power , authority , command , and influence , which the prelates , barons , and nobility of england , had in or about the forty-ninth year of the raign of king henry the third , when he was a prisoner to symon de monfort , and those writs of election of some of the commons to parliament , were first devised and s●nt to summon them : and the great power and estates which they afterwards had to create and continue an influence upon them . when the then prelates , by the papal great and exorbitant power over the bodies and souls of the people of england , as well high as low , rich or poor , their power of certifying illegitimations , bastardy , or ne unques loyalment accouplis en matrimony , with their fulminations , excommunications , curses , interdictions , confessions , absolutions , pardons , and dispensations , denial of christian burial , affrights of purgatory , undenyable commands over the inferiour clergy , and they over the people ; together with the great authority which their episcopal function and dignity inseparably conjoynt with their temporal baronies had given unto them in the parliaments of england , the greatest and highest councels and assembly of the nation , were in the time of king henry the third's imprisonment , so much allured and drawn by some of their factious and naughty incitements to symon de montfort's party , by a kind of ordinance and agreement before mentioned of the then over-ruling-power of the rebellious victors , as there was an undertaking to preserve from plunder and spoil , all the lands and estates of the holy-church , affirm their authorities , and all that they should have reasonable order for , amends should be performed , and full power granted unto them by the king , or generality of the earls , barons , and great men of the land , to provide things profitable for the bettering the estate of the holy-church to the honor of god. and with their temporal baronies , unto which many mannors of a great extent , and yearly value were annext , and some other barons holding of them , and had their many milites for service of war , and multitudes l of tenants by tenure , lease , and copy-holding of them . and the regular and monastick part of the clergy of england , many of whose abbots and priors were admitted to sit amongst the peers in parliament , were so envied for their great revenues and estates , as the m commons in a parliament in the raign of king henry the fourth , wherein lawyers were prohibited to be elected members , and therefore stiled indoctum parliamentum , did petition the king to confiscate , and take into his own revenue , all their lands which they had calculated to be sufficient to maintain one hundred and fifty earls ( no small estate in those times , being enough to satisfy the honourable yearly expences of one earl , and his numerous retinue , after the rate of their then living ) one thousand five hundred knights , six thousand two hundred esquires , and erect two hundred hospitals for the relief of maimed souldiers . and in that new frame of a great council or parliament , wherein a part of the commons of england were to be assembled , which can find no other original than the fate of that unhappy king in the battle of lewis , as the close roll n of the forty eight of that king will tell us , there were no fewer of the then well-wishing clergy to symon de mortfort , summoned unto that new modelled parliament , than one arch-bishop , fourteen bishops , thirty-five abbots , two priors , their good friends and confederates , and for companies sake in such an hopeful and popular project , four abbesses to help them to cordials in that languishing state of loyalty they then were in . the earls , and barons were then , and long after , great and noble by descent , birth , extraction , lands , estate , alliance , command , power , and authority , not a few of them by consanguinity or affinity , deriving their progeny from the lines of several of their kings and princes , and much of their honors and support from their bounty and munificence , as they were pleased to dispence them by their influence , favors , or bounty , for great and heroick actions and services done for them and the weal publick ; and their authority could not be small , either in the fear or force of it , when at the time of the norman conquest all the lands and services thereunto belonging of the kingdom , were either the kings in demesne , or in the possession of those great men and commanders , unto whom he had granted them , o and that again distributed by them to their servants , friends , or followers to hold by knights service , soccage , copy-hold , leases for years or villenage , with some services imposed , as going in person to war to defend them and their soveraign , castle-guard , carre and manuopara , and the consented unto reservations or willing oblations of doing much of their works of husbandry , in the hopes of their justice in their little courts or petit soveraignties , protection , and assistance against the injuries and oppression of wrong doers , and the comfort of a large and free hospitality , and charitable uses , together with the foundation and endowments of many abbies , priories , and religious houses , which obliged both the secular and regular clergy to love and honour them , p and the liberi homines or freeholders were , as unto many of them , only such as had been manumissed , and had from the condition of servants or villaines , attained unto the degrees of libertini or ingenui , or so fortunate as to have some small parcells of lands in fee simple or tail or for life by gift , purchase , marriage , or copy-hold , granted and given by them ; most of the saxon race being so unhappy , as to be content to become tenants to the conquerours of their own lands , whilst the nobility and great men being more desirous of service , than money or rents , granted the service of men or tenants , that held by knights fees or service , or parts thereof , one unto another , which in those times were in so high esteem , and of such a value , as ten knights fees were reckoned a satisfaction for a release of the claim of that great office of high steward of england , in fee by roger bygott earl of norfolk , and his heirs , to symon de montfort earl of leicester , seven and a half whereof being paid , king henry the third upon a reference of the controversy betwixt the said earles unto him , made his award . that the said symon should execute the said office of high steward , and the said roger q should bring his action for the other two knights fees and a half ; and the english nobility having all the great offices and places of honour of the kingdom , and about the persons of their kings , with their influence , power , and authority in their great councels or parliaments , and thereby the opportunities of pleasing and displeasing , hurting or helping whom they would , were , as to many of them and not a few of the common people , like the righteous r job in his prosperity , when they came out to the gates of the city , the eares that heard them blessed them , the eyes that saw them gave witness unto them ; they delivered the poor that cryed , and the fatherless , and them that had none to help them ; the blessing of those that were ready to perish came upon them ; they caused the widdows hearts to sing for joy ; were eyes to the blind , feet to the lame , and fathers to the poor ; brake the jawes of the wicked , and pluckt the spoyl out of their mouths , their root was spread out by the waters , and the dew lay all night upon their branches , they gave ear unto them , waited and kept silence at their councel . and could not be slighted or taken to be benefits of a small size or esteem , but to be very great and worthy the seeking and obtaining , when threescore and ten thousand knights fees , every one of which being then no small estate , either as to the extent of the s lands , or the value thereof , as ordericus vitalis , who lived in the time of the conqueror , hath numbred them , or but about thirty two thousand , as mr. selden believeth , were given by william the conqueror to his nobility , great men , and followers to be holden of him , his heirs , and successors in capite , and all the other lands of the kingdom , except those large quantities which were king edward the confessor , as appertaining to the crown of england , and what else he kept in his own possession and demesne , and besides what he endowed and founded divers abbys , monasteries , priories , and nunneries withal , to hold of him and his heirs and successors in capite , and by knights service , were again , as unto a great part thereof , distributed and granted by his nobility , great men , and followers to their dependants , servants , tenants , and friends to hold of them by knight-service . which drawing to it by the feudal laws , part of the fundamental laws of england , and incorporated therein , wardships ( no slavery , burden , or grievance , if rightly used or understood but a protection , comfort , and benefit , as well publick as private ) reliefs , education , protection , and marriage of their heirs in their minority , which was the greatest concernment of their families , did put and render the commonalty under the patronage and tutelage of the nobility , and great men subordinate to the king their soveraign , and common parent , which many other nations , and the greatest pretenders , and enjoyers of liberties in the christian world , have not onely deemed , but experimented to be an happiness . insomuch as if it were to be tryed by the suffrage and experience of our english ancestors , if they could from the dead be produced and heard to speak in the affairs and case of england , and a due consideration had of the security had , and long enjoyed by the northern parts thereof by the tenures by cornage , assisted by that of knight-service and capite , and the residence of the baronage of those countryes , against the dayly and nightly incursions , and spoil of their then ill neighbours , the picts and scots , which amounted unto as much or more than the costly wall and fortifications , which the romans built and provided against them , together with the safety and guard , which a great part of england hath been often defended by the lords marchers , against the hostilities and unquietness of the welch , it 's former owners , would bring us in a verdict of o felices ! bona si sua nôrint . which must needs attract the love , good will , fear , awe , and obedience of the people , who so well understood their own conditions , and that of the nobility , as to believe that , to quarrel or be disobliging unto any of them , was to fall foul , or out of the favour of all their great alliances , friends , kindred , numberless tenants , servants , retainers , dependants , and well-wishers ; many of which being their own relations , friends , or kindred , might either help on , and bring upon them a most certain and inevitable ruine , or put their small and fainting estates into a languishing condition , when any , the least , offences taken or given , would be sure to effect it , in the displeasure of those , who until the reign of king edward the first , and some ages after , were so high and potent . as that ferrers earl of darby , an opposite to king henry the third , in the baron's wars , had twenty lordships in barkeshire , three in wiltshire , in essex five , in oxfordshire seven , in warwickshire six , in lincolnshire two , in buckinghamshire two , in gloucestershire one , herefordshire two , hantshire three , nottinghamshire three , leicestershire thirty-five , derbyshire one hundred and fourteen , staffordshire seven , of which was chedley a parcel , whereunto that part of staffordshire appertained ; and besides had the castle and borough of tudbury in that county , together with many advowsons , t patronages , &c. and knights fees holding of him in those and other parts of england . an ancestor of gilbert de gaunt , a partaker of the norman conquest , another opposite of king henry the third , had in the conquerors survey one lordship in barkshire , three in yorkshire , six in cambridgeshire , two in buckinghamshire , one in huntingtonshire , five in northamptonshire , one in rutland , one in leicestershire , one in warwickshire , eighteen in nottinghamshire , one hundred and thirteen in lincolnshire , with folkingham , which was the head of his barony ; besides knights fees of those that held of him patronages , and advowsons , fairs , markets , assize of bread and beer , pillory , and tumbrel , &c. symon de montfort earl of leicester was in the right of amicia , one of the sisters and co-heirs of robert fitz parnel , a norman earl of leicester , lord high steward of england , in fee , an office of large u authority and esteem , had in warwickshire sixty-four lordships , in leicestershire . sixteen , in wiltshire seven , in northamptonshire three , in gloucestershire one ; besides many knights fees of those that held of him , advowsons , patronages , fairs , markets , and the priviledges of pillory , tumbrel , and the assize of bread and beer . the earl of gloucester w and hartford had thirty-eight lordships in surrey , thirty-five in essex , three in cambridgeshire , halling and bermeling castle in kent , haresfeild in middlesex , sudtime in wiltshire , leviston in devonshire , ninety-five in suffolke , besides thirteen burgages in or near ipswich , of which clare was one , from whence that family took their surname , or it from them , had the town and castle of tunbridge in kent , the castle of brianels in the county of gloucester ; and whilst the king and his son edward were prisoners at lewis , obtained a grant under the great seal of all the lands , and large possessions of iohn warren earl of surrey , to hold at the king's pleasure , except the castles of rigate and lewis , was one of the chief that extorted a commission from the king , authorizing stephen bishop of chichester , symon montfort , and himself , to nominate nine , as well prelates as barons , to manage all things according to the laws and customes of the kingdom , until the determinations should be made at lewis ( and others which they better liked should take effect . ) awbrey de vere x in the general survey of william the conqueror , had cheviston now kensington , geling and emingford in com hunt. nine lordships in suffolk , fourteen in essex , whereof colne , hengham , and bentley were part , in warwickshire six , in leicestershire fourteen , in northamptonshire six , in oxfordshire two , and in wiltshire ten ; a descendant of whom had in the raign of king stephen , together with richard basset justice of england custodiam comitatus , and executed the sheriffs offices of surrey , cambridge , huntington , essex , hartford , northampton , leicester , norfolk , suffolk , buckingham , and bedford , had by the grant of maud the empress , and king henry the second her son by inheritance , the earldom of oxford , granted unto him and his heirs , and mannor and castle of caufeild , in the county of essex , and the office of lord great chamberlain of england in fee , with the castles of hengham or hedingham , and campes to be holden by that service , and divers other lands , and possession of a great yearly value , had before the fourth year of the raign of king henry the third , by the marriage of the daughter and heir of the lord bulbeck , many mannors and lands in the counties of buckingham and cambridge , and by the marriage of the daughter and heir of gilbert lord sanford , the inheritance of divers mannors and lands in the counties of essex and hartford , and a grant in fee to be chamberlain to the queen die coronationis suae , with divers priviledges , and one hundred knights fees holden of them , one whereof was by the heirs of mordaunt for lands in essex , to come compleatly armed , as champion to the heir of the family , and earls of oxford , in the great hall of hedingham castle upon the day of his nuptials , to defy and fight with any that should deny him to be earl of oxford ; and another for the mannor of horseth in the county of cambridge , holden by the family of allington , now the lord allington of the kingdom of ireland , by the service of holding the earl of oxford's stirrop die nuptiarum , which was actually performed in the raign of queen elizabeth the day of the marriage of edward earl of oxford with the daughter of the lord burghley . roger bygod in the conquerors time , did possess six lordships in essex , and one hundred seventeen in suffolk , had a grant in the raign of king henry the second , of the mannors of ersham , walsham , alvergate , and aclay , and the honour of eye , in the county of suffolk , the custody of the castle of norwich , and a grant of the office of high steward of england , to hold and enjoy in as ample manner , as roger bygod his father had held it in the time of king henry the first , was earl marshal of england by inheritance , and had thereby a great command and authority in the king's armies , and all his martial affairs , registred in his marshals rolls those many thousands , who as tenants in capite came into the army to y perform their service , by which also they were enabled to receive escuage after of those that were their under-tenants , and held of them , and did not come to do their service , was in times of peace as in war , to appease tumults , to guard the king's palace , distribute liveries , and allowances to the officers thereof , attend at the doing of homages , have a fee of every baron made a knight , and to receive of every earl doing homage , a palfry , and furniture . hugh de montfort ancestor of peter de montfort , one of the twenty-four enforced conservators for the kingdom , in the said raign of king henry the third , had in the general survey twenty-eight mannors in kent , besides a large proportion of rumney marsh , sixteen in essex , fifty-one in suffolk , and nineteen in norfolk , a descendant of whom had in . henry the second , holden of him ten knights fees , and a fourth part de veteri feoffamento , and was seized of the mannor of wellesborne in com leic , which peter had in henry the third , the mannor of beldesert in comitat ' stafford , in anno henry the third , was governor of horeston castle in derbyshire , in forty-one warden of the marches of wales towards montgomery , and also of the castles of salop and bruges , was sheriff z of the counties of salop and stafford ; and so likewise for the next ensuing year had the custody of the castles of bruges , and ellesmere , in anno . henry the third was governor of the castles of corff and shirburne , and of the castle and mannor of seggewick ; and was in anno . eiusdem regis made by that king 's imprisoned seal , governor of whittenton castle in shropshire . gilbert de segrave the son of hereward held the mannor of segrave in com' leic ' , with the fourth part of a knight's fee , had a grant of the king of the lands of stephen de gaunt , in the counties of lincolne and leicester , in the th . of henry the third was sheriff of the counties of essex and hartford , and the two next ensuing years , in the th . of lincolnshire for three parts of the year , and to the th , in th . henry the third sheriff of buckingham and bedfordshire , and continued until the th , in the th . of henry the third was a justice itinerant for nottingham and derby-shires , purchased mount sorrel in the county of leicester , in the th . henry the third , had the custody of the castle of northampton , and of the counties of buckingham , bedford , warwick , and leicester for the term of his life , taking the whole profits of all those counties for his support in that service , excepting the ancient farms which had been usually paid in the exchequer , with the encrease which in king henry the seconds time a had been answered for them , was chief justice of the court of common-pleas in d . henry the third , when upon the removal of hubert de burgh he was made cheif justice of england , and had likewise the mannor of almonsbury in com' huntington . hugh despencer b was in the eighth year of the raign of king henry the third , constituted sheriff of the counties of salop and stafford , governor of the castles of salop and bridgenorth , in the th . of henry the third , sheriff of berkshire , and governor of wallingford castle , and in the th . of bolsoner castle in com' derby , in th . was by the rebellious barons made chief justice of england , after the battle of lewes governour of oxford castle in suffolk , the devises in wiltshire , oxford , and nottingham castle , bernard in the bishoprick of durham , and one of the twenty-four conservators for managing the affairs of the realm , was seized of the mannor of ryhal in com' rotel ' , leghere and wykes in com' essex , bernewell in com' northampton , wycomb in com' buck ' , soham in com' cant ' , berewick , winterborne , basset in com' wilts , & speke in com' berk , whose grand-child hugh le despencer in the raign of king edward the second , was possessed of no less than fifty-nine lordships in several counties , twenty-eight-thousand sheep , one thousand oxen and steers , twelve hundred kine with their calves , sixty mares with their colts two years old , one hundred sixty draught horses , two thousand hogs , three hundred bullocks , sixty tuns of wine , six hundred bacons , eighty carkases of martilmas beef , six hundred muttons in the larder , ten tuns of cider , with armes , plate , jewels , and ready money to the value of ten thousand pounds , thirty-six sacks of wool , besides a library of books . humfrey de bohun , whose descendant joyned with the barons against king henry the third , had in anno . henry the second , thirty and a half knights fees , de veteri feoffamento , and nine and a half de novo , was earl of hereford , and constable of england by descent from his mother , his c son henry de bohun answered fifty marks , and a palfre● to the king for twenty knights fees , belonging to the honor of huntington , had the earldom of essex , and a very great estate of lands belonging thereunto , descended unto him by maud countess of essex his mother , together with a great estate of lands , which came unto her from isabel third daughter and co-heir of william earl of gloucester , had likewise lands in haresfeild in com' glouc ' holden by the service of constable of england , the mannors of shudham and w●tnorst , kineton in com' hunt ' , and walden in com' essex . vescy , one of the barons against king henry the third , was at the time of the norman conquest seized of one mannor in com' northtamp ' , two in d warwickshire , seven in the county of lincoln , nine in leic ' , the castles and baronies of alnewick in com' northumberland , and multon in com' eboru ' , had besides vast possessions bestowed on him by king henry the first , the mills of warner , bodele , and spilsham with eleven mannors , divers lands , and tenements in the city of york , and whatsoever he held of david king of scotland , and henry his son , the arch-bishop of york , bishop of duresme , of the earl of richmond , geffry estcland , and richard fitz paine , roger de moubray , william fossard , william paganell , the earl of albemarle , roger de clare , gilbert de gant , roger de beauchampe , henry de campaine , ralph the son of bogan , the earl of chester , abbess of berking , william de sailley , and of all the fee of thurstane the son of robert de mansfeild , had likewise the mannors of ellerton and cansfeild , and was governour of the castle of bamburgh , in com' northum ' , seized of the mannors of brentune , propertime , pecheston , and sornneston , burgh , and knaresburgh , in the county of york , barony of halton , and constabulary of chester , a descendant whereof had in the raign of king henry the second , twenty knights fees de veteri feoffamento , and many de novo , that held of him had in d . henry the third in the right of agnes his wife , one of the daughters of william de ferrers earl of derby , partition of the lands in ireland , which did belong to william marshal earl of pembroke . whose ancestor had in the d . henry the second , lands of a great yearly value in westcombe , e marleburgh , and cri●l in com' wilts ' given unto him by the king , with the office of earl marshal , and all other lands holden of him in england or else-where , had a grant of the mannor of boseham in com' suff ' , with the lastage and hundred , the lordships of westive and bodewin , with the hundred of bodewin , all the lands which the earl of eureux held in england ( except the mannor of marlow ) all the lands of hugh de gournay lying in the counties of norfolk and suff ' , kaule and castre , and all the lands of hugh de ayer in com' norf ' , the office of marshal of ireland in fee , with the cantred within which the town of kildman was scituate , was warden of the marches of wales , sheriff of lincolnshire , and governour of the castles of oswastre and shrawardine , had the mannor of hengham in com' norf ' with the advowsons of the church thereof , in anno th of king john executed the office of sheriff of lincolnshire , for three parts of that year , and likewise in the th . in which he was associated with john fitz robert , of the counties of norfolk and suffolk ; as also in the custody of the castles of norwich , oxford , and dorchester , was sheriff of warwickshire , and governour of the castle of worcester in the time of the barons wars , in the first year of the raign of king henry the third made sheriff of hantshire , and governour of the castle of devizes in com' wilts ' , had a grant of all the lands of william de st. john , who in the th . year of henry the third , took part with the rebellious barons . william de percy , descended from manfred , a dane , coming out of denmark , with the fierce and famous rollo into normandy , and thence with william the conqueror into england , and much beloved by him , had granted unto him by him vast possessions in the realm , as appeareth by the general survey in dooms-day book , viz. ambledune in hanshire , divers lordships in lincolnshire , and in yorkshire eighty-six , whereof topoline in the north riding was one , and spofford in the west riding another . camois , a baron against king henry the third , was in anno th . of his raign for that half year sheriff of the counties of surrey and sussex , and from that time until the one half year of the th . of his raign seized of the mannor of wodeton in the county of surrey , ditton in com' cantabr ' , burwel in com' oxon ' , torpel in com' northamp ' , and of divers knights fees in other counties . d'eynill f was in . and . henry the third , justice or warden of all the forrests beyond trent , in anno . governour of the castle of york , and in . of the castle of scarborough , from michaelmas . was sheriff of yorkshire , until the battle of evesham , where he was against the king. monchensey was one of the rebellious barons at the battle of lewes , had great possessions in the counties of essex , norfolk , glou ' , kent , and northampton . the lord lovetot , h one of the rebellious barons , was in the last half year of th . henry the third sheriff of the counties of nottingham and derby , and governour of bolsaver castle . henry hastings , sideing i with the barons , was in the . year of the raign of henry the third , made governour of the castle of scarborough in com' eborum , and of the castle of winchester . bobert de roos k had great possessions , amongst others the castle and barony of helmesley or hamlake in yorkshire , the castle and barony of warke in northumberland , and the barony of trusbut , being of the part of the rebellious barons was for some time governour of hereford castle , when prince edward was there detained prisoner , in . henry the third , answered for four knights fees and an half , and an eighth part in lincolnshire , fifty-two thirds , a twelfth and a twentieth in yorkshire , ten for his barony of trusbut , four and a fourth and third part of warter . adam de novo mercato , l descended from bernard de newmarch , one of the followers of william the conqueror , subdued to himself three cantreds being the most part , if not the whole , of the country of brecknock in wales , had in th . henry the third the barony of bayeux , and in the th and th divers lands in the county of lincolne , and the mannor of wilmaresly , campshall , thorne , bentley , and archley in com' ebor ' . colvile m was seized in the raign of king henry the third , against whom he took arms , of the castle of bitham in the county of lincolne , and of his purparty of fifteen knights fees in the said county . roger bertram n had the castle and barony of mitford , with thirty-three mannors belonging unto it , in the county of northumberland , and was in rebellion against king henry the third . robert de nevil , o a great baron and lord of raby in the bishoprick of durham , was sheriff of norfolke in d . henry the second , captain general of the king's forces beyond trent , in . henry the third , sheriff of the county of york , governour of the castle thereof , and of the strong castle of the devises in the county of wilts , and in th . henry the third , warden of all the forrests beyond trent , and governour of the castle of york , was against the king at the battle of lewes . fitz alan of clun , p from whom the earles of arundel descended , enjoyed a great estate , and was against the king at the battle of lewes . robert de vipont , q one of the rebellious barons of king henry the third , had by the grant of king john the castles of appleby and burgh in the county of cumberland , together with the baylewick or shrievalty of the county of westmorland , to him and the heirs of his then wife , unto which barony belonged the said mannors of appleby and burgh under stanemore , flaxbridge-park , forrests , and chases of winefell , and mallerstang , brougham castle , with fifty-seven mannors more in the county of cumberland and westmoreland , in the first , second , and sixth year of the raign of king henry the third , was sheriff of cumberland , and governour of caerlisle , in the tenth one of the justices itinerant in the county of york , and in the eleventh one of the justices of the court of common-pleas . henry de neuburgh r in normandy , a younger son of roger de bellomont earl of mellent , had the castle and borough of warwick bestowed upon him by william the conqueror , with the large possessions of turketill de vvarwick , who had the reputation of earl of vvarwick , although he was but in the nature of a lieutenant to the earl of mercia , had wedgenock park with the castle of warwick , mannors of tamworth , claverdon , and manton mauduit in com' warr ' , the mannors of gretham , and cotes-more in com' rotel ' , with some lands in the county of worcester , the mannor of chadworth in com' glou ' , in . or . regis johannis , henry earl of warwick certified one hundred and two knights fees , with a third part of a knights fee , and had by the gift of that king the seigneury of gowerland in wales , which an ancestor of his is long before said to have conquered , was owner of the castle , mannor , and priory of kenilworth in com' warwick , gave to geoffry de clinton the sherivalty of the county of warwick to him and his heirs , to be holden of him and his heirs ; and in anno . henry the third , earl thomas gave a fine of a hundred and eighty marks to the king over and above his scutage , that he might be discharged from his attendance upon him in his expedition into gascoigne , and that he might levy the like upon his tenants gave one hundred twenty pounds more . and of no less power and authority with and over the common people were the rest of our english nobility , which took up armes with the king , or stood s neutrals , or at a gaze , until they saw what would become of him ; witness that of the earl of chester , who executed the office of sheriff by his deputies , for the counties of salop and stafford , in the d . d , th , th , th , and part of the th . of henry the third , for the county of lancaster in the d. th , th , th , and the latter end of the th . was seized of the whole t county and lands of chester , with royal jurisdiction , tenenda per gladiune it à liberè sicut rex ipse tenebat angliam per coronam , at the time of the general survey of the conqueror was count palatine thereof , had nine mannors in barkshire , in devonshire two , in yorkshire seven , in wiltsshire six , in dorsetshire ten , in somersetshire four , in suffolk thirty-two , in norfolk twelve , in hantshire one , in oxfordshire five , in buckinghamshire three , in gloucestershire four , in huntingtonshire two , in nottinghamshire four , in warwickshire one , in leicestershire twenty-two ; fifteen great men of estate in cheshire , his barons , holding lands of him and his heirs , as willielmus malbane , gislebertus de venables , rad venator , &c. and was seized of that mountainous part of yorkshire and westmoreland called stanemore . unto one of whose descendants , or family , king stephen gave the city and castle of lincolne , with license to fortify the town thereof , and to enjoy it until he rendred unto him the castle of tickhil in yorkshire ; granted likewise unto him the castle of belvoir , with all the lands thereunto belonging ; all the lands of william de albini , grantham with all its soke thereunto belonging , newcastle in staffordshire , with the soke of roely in com' leic ' , corkeley in lincolnshire , the town of derby with the appurtenances , mansfield in com' nott ' , stonely in warwickshire with their appurtenances , the wapentake of oswardbeck in com' nott ' , and all the lands of roger de busty , with the honour of blythe , and all the lands of roger de poictou , from northamptom to scotland , ( excepting that which belonged to roger de montbegon in lincolnshire ) all the lands betwixt the rivers of ribble and merse in lancashire , the lands which he had in demesne in the mannor of grimsby in com' lincolne , and all the lands which the earl of gloucester had in demesne in that mannor , the honour of eye , nottingham , barony , and castle , stafford , and the whole county of stafford ( except the fees of the bishop of chester , earl robert ferrers , hugh de mortimer , gervase paganel , and the forrest of canoc , the fees of alan de lincolne , ernise de burun , hugh de scoteny , robert de chalz , rafe fitz oates , norman de verdun , and robert de staford . odo , bishop of u baieux , william the conquerors half brother , had one hundred eighty-four mannors given him in kent , thirty-nine in essex , thirty-two in oxfordshire , w in hartfordshire thirty-three , in buckingham thirty , in worcestershire two , in bedfordshire eight , northamptonshire twelve , in nottinghamshire five , in norfolk twenty-two , in warwickshire six , in lincolnshire seventy-six , amounting in the whole to five hundred forty-nine , whereof two hundred eighty he gave , saith mr. selden , to his nephew de molbraio . earl john , x afterwards king of england , had in the life time of king richard the first his brother , the earldomes of cornwall , dorset , somerset , nottingham , derby , and lancaster , with the then large possessions thereof , and had in marriage with isabel daughter and heir to the earl of gloucester , that earldom , together with the castles of marleburgh , ludgersel , honours of wallingford , tickhil , and eye . john earl of surrey , and sussex , had in yorkshire the great lordship of connigsburgh in the y soke , whereof were near twenty-eight towns and hamlets , westtune in shropshire , in essex twenty-one lordships , in suffolk eighteen , in oxfordshire maple , durham , and gaddington , in hantshire frehinton , in cambridgeshire seven , in buckinghamshire brotone , and cauretelle , in huntingtonshire , chevevaltone , with three other lordships , in bedfordshire four , and in norfolk one hundred thirty-nine , and the castle of rigate in surrey , yale , and bromfeild , with their large extents in shropshire , and was at the battle of lewes on the king's part . ralph de z mortimer had given him by the conqueror in berkshire five mannors , in yorkshire eighteen , besides divers hamlets , in wiltshire ten , in hantshire thirteen , in oxfordshire one , in worcestershire four , in warwickshire , one , in lincolnshire seven , in leicestershire one , in shropshire fifty , in herefordshire nineteen , besides the castle of wigmore . and roger de mortimer , earl of march , a descendant of the same house and family , was in the raigns of king edward the first and second , besides their former large estates in lands , seized of the town of droitwick , and chace of malverne in com' wigorn ' , the chase of cors in com' glou ' , the castle of trym in ireland , with its large territory and appurtenance , and in vvales the castles of kentlies , dominion of melenith and comott , of duder , castle of radnor , with the territory of vvarthre , and mannors of prestmede ( or presteigne ) and kineton , castles of ruecklas , and pulith , castles and lordships of bledleveny and bulkedinas , castle and mannor of nerberth , comots of amgeid , and pennewick , castles and dominions of montgomery and bulkedinas , mannor and hundred of cherbury , castle of dolvaren , and territory of redevaugh , town and territory of ewyas , castles of kery and rodewin , castle of dynebegh , castle and cantred of buelch , comots of ros , rowenock , konuegh , and diomam , and in somersetshire the castle of brugwater , with three mannors , bayliwick of the forrests of north pederton , exmore , noreech , chich , mendip , and warren of somerton , three mannors in kent , one in com' buck ' , and one in staffordshire , and kept in his house a constant table , in imitation of king arthurs round table , for one hundred knights . king henry the third , after the battle of evesham , gave unto his son edmond to hold to him and the heirs of his body the earldom , honour , and lands of leicester , and stewardship of england , the earldom , honour , and lands with the castles , mannors , and lands of robert de ferrers earl of derby , and nicholas de segrave , the custody of the castles of caermarden and cardigan , and isie of lundy , the castle of sherborne in com' dors ' , the castle of kenilworth in com' vvarwick , with all the lands thereunto belonging , the honour , earldom , castle , and town of lancaster , and was count palatine thereof , with their appurtenances , together with the castle of tutbury , with its great appurtenances in the county of stafford , the honour and castle of monmouth , the honour , town , and castle of leicester , with all the lands and knights fees which symon de montfort had . whose son and heir thomas earl of lancaster , having as an addition to the great estates in lands , remaining unto him after his father , divers other mannors , lands , and vast possessions in the right of alice daughter and heir of lacy earl of lincolne , appertaining to that earldom , gave costly liveries of furrs , and purple to barons , knights , and esquires attending in his house , or place of residence , and paid in the th . year of the raign of king edward the second , six hundred twenty-three pounds , sixteen shillings , six pence , ( when a little money went as far as a great deal now ) to divers earls , barons , knights , and esquires for fees , and being in great discord with king edward the second his nephew concerning gaveston , the two despencers a father and son his favourites , and some grievances of the nation complained of , and the pope having sent two cardinals into england , to endeavour a pacification betwixt them , they with the king , queen , arch-bishop of canterbury , all the bishops cum comitibus , baronibus & magnatibus regni went to leicester to have an enterview and treaty with the said thomas earl of lancaster , whither the king being come , saith the historian , occurrit ei thomas comes lancaster die ei ex hac parte praefixo apud sotisbrig stipatus pulcherrimâ multitudine hominum cum equis , quod non occurrit quempiam retroactis temporibus vidisse aliquem comitem duxisse tàm pulchram multitudinem hominum cum equis sic benè arraitorum scilicet . mille , cùmque rex & comes obviarent , sine magna difficultate osculati sunt , & facti sunt chari amici quòad intuitum circùm astantium . in anno . henry the third , the king b granted to john earl of richmond the honor and rape of hastings in com' sussex , and in anno . the honor of eagle and castle of pevensey in com' sussex , to whose ancestors william the conqueror had before granted all the northern part of the county of york called richmond , being formerly the possessions of earl edwyn , a saxon. percy , a c great baron in northumberland , and the northern parts , had thirty-two lordships in lincolneshire , in yorkshire eighty-six , besides advowsons , knights fees , free warrens , &c. and was on the king's part at the battle of lewes . richard earl of cornewall had in the th . of henry the third , a grant of the whole county of rutland , in anno . of the castle and honor of wallingford , with the appurtenances , and the mannor of watlington , all the lands in england , which queen d isabell the king's mother held in dower , the whole county of cornewall with the stanneries and mines , the castle and honor of knaresburgh in the county of york , the castle of lidford , and forrest of dertmore , the castle of barkhamsteed , with the appurtenances in the county of hartford , with many knights fees , advowsons , free warrens , liberties , &c. in the raign of henry the third , william de valence , afterwards earl of pembroke , was seized of the castle of hartford with the appurtenances , of the mannors of morton and wardon in com' glouc ' , cherdisle , and policote in com' buck ' , compton in com' dors ' , sapworth , colingborow , swindon , jutebeach , and boxford in com' wilts ' , sutton , and braborne in com' kanc ' , and of divers mannors and lands in the counties of surrey and sussex . robert de todeney , e father of william de albini , built the castle of belvoir , and had seventy-nine mannors with large immunities and priviledges thereunto belonging . beauchamp of elmeley , of whom the earls of warwick of that name were descended , had by the grant of king henry the first bestowed upon him all the lands of roger de wircester , with many priviledges to those lands belonging , and likewise the shrievalty of worcestershire to hold as freely as any of his ancestors had done , had the castle of f worcester by inheritance from emelin de ubtot , the mannors of beckford , weston , and luffenham in com' rutland , executed the shrievalty of warwickshire , in d . henry the second , so also in gloucestershire , from the d. to the th . inclusive for herefordshire , from the th . to the th . certified his knights fees to be in number fifteen , had by marriage and his inheritance , the honor and castle of warwick with wedgenock park , and all those vast possessions of the earldom of warwick , enjoyed by earl walleran or mauduit baron of hanslap his heir . bolebeck of the county of buckingham , at the time of william the conqueror's survey , was seized of ricote in com' oxon ' , waltine in com' hunt ' , and of missedene , elmodesham , cesteham , medeinham , g broch , cetedone , wedon , culoreton , linford herulfmede , and wavendon in com' buck ' , and in th . henry the third , one of that family certified his knights fees holden of the king to be eight , of the earl of buckingham twenty . another of the same name and family , in the county of northumberland , was enfeoffed of divers lordships by king henry the first , one of whose descendants in . henry the second , certified his knights fees de veteri feoffamento to be four and a half , and three and two thirds de novo , and left issue by margaret his wife , one of the sisters and coheirs of richard de montfichet , a great baron of essex , hugh de bolebeck , who in . henry the third was sheriff of northumberland , and possessed of twenty-seven mannors in that county , with the grange of newton , and the moyety of bywell . the lord clifford and his descendants was then and not long after seized of the borough of hartlepole in the bishoprick of durham , three mannors in h oxfordshire , three in wiltshire , frampton , and part of lece in com' glouc ' , seven in com' heref ' , corfham , culminton , and three other mannors in com' salop ' , the castle of clifford in com' heref ' , mannor of temedsbury or tenbury , and five other mannors in com' vvigorn ' , castle and mannor of skipton in craven , forrest of berden , the chase of holesdon , the towns of sylesdon and skieldon , with the hamlets of swarthowe and bromiac , third part of the mannor and priory of bolton in com' eborum ' , mannors of elwick , stranton , and brorton in com' northum ' , castles and mannor of apleby , burgh , pendragon , and bureham , the wood of quintel , twenty-four mannors , and the moiety of the mannor of maltby in the county of cumberland , the mannor of duston , and eighteen other mannors in the county of vvestmoreland , together with the shrievalty of that county to him and his heirs , descended unto him from the baron of vipont . vvilliam de peverell , an illegitimate son of vvilliam the conqueror , had in the d . year of his raign ( when all places of trust and strength were committed to the king 's chiefest friends and allies ) the castle of nottingham , then newly built , given unto him , and with it , or soon after , divers lands in several counties of a large extent ; for by the general survey it appears , that he had then forty four lordships in northamptonshire , two in essex , two in oxfordshire , in bedfordshire two , in buckinghamshire nine , in nottinghamshire fifty-five , with forty-eight trades-mens houses in nottingham , at thirty-six shillings rent per annum , seven knights houses and bordars ( of which the honor of peverell did consist ) in derbyshire fourteen , and six in leicestershire . roger de montgomery , earl of shrewsbury , had in the reigns of vvilliam the conqueror , and his son vvilliam rufus , besides great possessions in normandy , in vviltshire three lordships , in surrey four , in hantshire nine , in middlesex eight , in cambridgeshire eleven , in hartfordshire one , in gloucestershire one , in worcestershire two , in warwickshire eleven , in staffordshire thirty , in sussex seventy-seven , with the city of chichester , and castle of arundell , i and in shropshire very many , near all that county , with the castle and town of shrewsbury . odo , earl of albermarle and holderness , had shortly after the conquest , given him by william the conqueror , the large territory of holderness , with fifteen mannors or lordships in other counties that would bear wheat , because he alledged that of holderness would bear only oates , and had in the raign of king henry the third , the barony of skipton in craven , k with sixteen knight-fees , a moyety of the forrest of allerdale caldebec , with the mannor of cockermouth in the county of cumberland , the bond service of the tenants in freston , a member of brustwick in holderness , and in the right of isabell his wife , the castle of carisbrooke and isle of wight . robert l de stafford was shortly after the conquest seized of two lordships in suffolk , one in worcestershire , one in northamptonshire , twenty in lincolneshire , twenty-six in warwickshire , with eighty-one in staffordshire . walter m de eureux had shortly after the conquest two lordships in dorsetshire , three in somersetshire , one in surrey , one in middlesex , two in hantshire , two in hartfordshire , two in buckinghamshire , and thirty-one besides the mannors of saresbury and ambresbury in wiltshire , and as sheriff of that county received in rent one hundred and thirty hogs , thirty-two bacons , two bushels and sixteen gallons of wheat , and as much in barley , bushells and eight gallons of oates , thirty-two gallons of honey or sixteen shillings , four hundred and forty-eight hens , one thousand and sixty eggs , one hundred cheeses , fifty-two lambs , two hundred fleeces of wool , having likewise one hundred and sixty-two acres of arable lands , and amongst the reves lands , to the value of forty pounds per annum . baldwin n de molis , second son to gilbert crispin earl of beton , son of godfrey earl of eu , natural son of richard duke of normandy , great grand-father to william the conqueror , was one of the principal persons of the laity , that won much fame at the conquest , and marrying aldreda a neice of the conqueror , had shortly after the castle of exeter granted unto him , and besides mola and sappo had given unto him werne in dorsetshire , apely , portlock , and mundeford in somersetshire , one hundred and fifty-nine lordships in devonshire , and nineteen houses in exeter . to whose eldest son richard was also given the whole honor and barony of okehampton , with the shrievalty of the county of devon. geffry mandeville o had given him by the conqueror in barkshire four mannors , in sussex twenty-six , in middlesex seven , in surrey one , in oxfordshire three , in cambridgeshire nine , in hertfordshire nineteen , in northamptonshire seven , in warwickshire two , in essex forty , with hurley and the woods in barkshire . alan sirnamed p rufus , or fergaint , son of an earl of britany in france , had given him by william the conqueror the northern part of the county of york called richmond , which with what he had in yorkshire made one hundred and sixty-six lordships , besides the castle of richmond , one called the devises in wiltshire , in essex eight , in hartfordshire two , in cambridgeshire sixty-three , with ten burgages in cambridge , in herefordshire twelve mannors , in northamptonshire one , in nottinghamshire seven , in norfolk eighty-one , and in lincolneshire one hundred and one . together with many others of the norman nobility , and adventurers , who had great quantities of lands and possessions given unto them by that conquerour of england . and some of our english nobility were so great , magnanimous , and munificent , q as at the coronation of king edward the first , when alexander king of scotland his brother-in-law came from thence to westminster , to be present and do him homage , sir edmond earl of kent the king's brother , the earls of cornewall , gloucester , pembroke , and earl warren , each of them by themselves , led on their hands one hundred knights disguise in their armes , and whame they weren alyght of theyr horse , they let them goo whedyr they wolde , and they that cowd them take had them stylle at their own lyking . the great ancestors of whom , as well as those that stood with or against king henry the third , or were but as sad spectators of those tragick wars , had in their hospitalities , and huge quantities of lands holden of them , as may appear by their certificates of knights fees recorded in one part of the book called the red-book of the exchequer , happily preserved from the conflagration or great london fire , several forrests , parks , and chases , with multitudes of castles in some of their possessions , had been the procurers of many of their own and the common peoples liberties and priviledges in the often confirmed magna charta , and charta de foresta , with divers great priviledges , fairs , and markets , and had given unto them large commons of pasture and estovers , and by their grants of markets and fairs , and likewise by their very many advowsons , and patronages of churches of a great part of which they had been the founders , builders , and glebe endowers , had to their spiritual estates laid upon the commonalty as great obligations of gratitude , as they had in the before-recited temporal favors and benefits ; besides their granting of leases of part of their demesne lands at small rents , with reservation of some service , in permitting their charity and good will in copy-hold lands to tenants or servants , or their widdows or children , which at the first was but at the will of the lord , or for life or years to continue and breed into a custom of inheritance , secundum consuetudinent manerii , and enfranchised and made many of them free-holders , permitted many copy-hold fines incertain to be made certain , where they had been anciently at the will of the lord , and to be limited by the chancery or courts of justice , to the rent of two years improved value , and when they do in these later times demise any part of their demesne lands to a tenant for twenty-one years , now that the legal usury or interest for money is but six per cent . for ten years purchase do take , ( as many landlords do now money before hand at a chargeable interest ) and next to the manifold reiterated blessings of the god of heaven and earth , together with the favours and benefits of the elements , and superior regions , and astral influences , by and under the divine providence , were as much blest and happy under their kings , princes , bishops , and nobility , as any nation or common people of the world could be , or expect to be , in their properties , liberties , protection , and priviledges , whom those great barons , and lords spiritual and temporal could not imagine , would ever be able either to forget the good , which they and their fore-fathers had received , and they and their after-generations were like to enjoy under them ; or get loose from those many great ties and obligations of a never-to-be-forgotten gratitude , which they had upon them , but thought themselves very secure from any danger that might happen by any of their incroachments or usurpations , by placing any power , or but a semblance of authority for once in the lower ranks of the people ; nor could have believed , that the common people of england , after their solemn protestations to preserve them , and the government , could after the murder of their king in their last horrid rebellion , have voted them to be useless and dangerous , and being unwilling to leave any of the divels their masters business unfinished , did solemnly enforce the deluded seditious people , under as many severe penalties as they could lay upon them , not any more to submit to any government by a king and house of lords , to whom our kings had given no power to make their own choice , but lodged and onely entrusted it in the sheriffs , many of which the rebellious barons had by usurpation r of the king's authority provided before hand to be at this present of their own party , or were like to be so , or under their awe and guidance , wherein they were perceived by the king some years before , upon their ill-gained provisions at oxford , to have been very diligent in making sheriffs of their own party , those great offices being in those times and many years before , and some few years after , alwayes put into the hands and trust of the baronage , or men of great estate and power . whose number by tenures , and summons by writs to our king 's great councels or parliaments , creations or descents , accounted in the raign of king henry the third , to be no less than two hundred and forty , if not many more , and like the tall and stately cedars of our nation might well deserve the titles of proceres and magnates , especially when many or most of them were in their greatness , goodness , and authority in their several stations , like the tree which nebuchadnezzar s saw in his vision high and strong , the height whereof reached to the heaven , the leaves were fair , and the fruit thereof much , the beasts of the field had shadow under it , and the fowles of the heaven dwelt in the boughs thereof , and as ex pede herculem , the length and greatness of hercules's foot , declared the vast proportion and magnitude of the residue of his body , it was easy to compute , how little were then the common people , how great the nobility , whom the brittaines ancient inhabitants of our isle , as the learned francis junius the son of the no less learned francis junius hath observed , justly stiled them lhafords lords , and their wives lhafdies ladies , because they usually gave bread and sustenance to those that wanted it , gave license of marriage to the widdows of their thanks by knight service , punished their tenants , so holding their lands by writ cessavit per biennium , and a forfeiture if not redeemed was entituled to a writ of contra formam collationis for not performing the duties and offices of their endowments , and the large revenues and emoluments appropriated thereunto . and with the many accessions , and devolutions of other mannors , lands , revenues , estates , baronies , titles of honour , and offices of state , by marriages , descents in fee , or remainders in fee-tail , munificent guifts and grants of their kings and princes , upon merit and great services done for them and their country , or by purchases guarded by the strength of the statute de donis t conditionalibus , made in the th . year of the raign of king edward the first , with the tye and obligation of their tenures , and the restraints of alienation , made them to be such grantz & magnates , as the common people did in their disseisins , intrusions , and outrages done one unto another , which in the elder times were very frequent , colour and shelter u those injuries by or under some title or conveyances made unto some of the nobility or great men of the kingdom , which caused some of our kings to grant out commissions of ottroy le baston , vulgarly called trail baston , to find out and punish such evil doings , and by the making of some of our later laws , to restrain the giving of liveries , so as until the writs of summons granted by king edward the first , in the d . year of his raign , to elect some knights of the shires , citizens , and burgesses , to give their assent in parliaments to such laws and things , as by the advice of his lords spiritual and temporal should advise , should by him be ordained ( there having been an intermission of those , or the like kind , of writs of summons from the first contrivance thereof , in the time of the imprisonment of king henry the third , in the th . year of his raign ) it was and ought to be believed , as a matter or thing agreeable to truth , right reason , and the laws and records of the kingdom , that the commons and freeholders of england were long before , and for many ages past , as ancient as the british empire and monarchy , were to be no part of our great councels or parliaments , were never summoned or elected to come thither , but had their votes and estates , and well being , as to those great councels , included in the lords spiritual and temporal , and as to their assent or dissent , good or ill liking represented by them , and retaining their well deserved greatness , were so potent and considerable , as gilbert de clare earl of gloucester , could after the battle of evesham , where he had fought for the king , march with a formidable army , composed for the most part of his own servants , tenants , reteiners , and dependants from the borders of wales to london , quarrel and capitulate with his king , that had been but a little before extraordinary victorious , and with john warren earl of surrey , did after the death of king henry the third , before the return of his son prince edward from the wars in the holy-land , to take the crown upon him , at the solemnization of the funeral of the deceased king , in the abbey-church of westminster , w with the clergy and people ( there assembled ) without their license and election , go up to the high altar , and swear their fealty to the absent king edward the first his son. so beloved , feared , and followed , as the great earl of warwick was said in some of our histories to have been the puller down , and setter up of kings , could with the earl of oxford in the dire contests betwixt king henry the sixth , and edward the fourth , for the crown of england , rescue and take by force king henry the sixth out of the tower of london , where he was kept a prisoner , attend him in a stately and numerous procession to the cathedral church of st. paul , the one carrying up his train , and the other bearing the sword before him to the church , where they crowned him , and after a frown of fortune , did stoutly , by the help of the lancastrian party , give battle to king edward the fourth at barnet-field , where but for a mistake of oxford's and warwick's soldiers , and their banners and badges , fighting one against the other in a mist , instead of king edward the fourth's men , they had in all probability prevailed against him . and the interest , alliance , and estate of that earl of oxford was so great notwithstanding shortly after in the kingdom , as although he had very much adventured , suffered and done for king henry the seventh , led the vanguard for him at bosworth field against king richard the third , and eminently deserved of him , as the numbers and equipage of his servants , reteiners , dependants , and followers did so asfright that king , and muster up his fears and jealousies , as being sumptuously feasted by him at hedingham castle in essex , where he beheld the vast numbers , goodly array , and order of them , he could not forbear at his departure telling him , that he thankt him for his good cheer , but could not endure to see his laws broken in his sight , and would therefore cause his attorney general to speak with him ; which was in such a manner , as that magnificent and causelesly dreadful gallantry did afterwards by fine or composition cost that earl fifteen-thousand x marks . did notwithstanding their great hospitalities , magnificent manner of living , founding of abbies , monasteries , and priories , many and large donations of lands to religious uses , and building of strong and stately castles and palaces , make no small addition to their former grandeurs , which thorough the barons wars , and long lasting and bloody controversies betwixt the two royal houses of york and lancaster , did in a great veneration , love , and awe of the common people , their tenants , reteiners , and dependants , continue in those their grand estates , powers , and authorities , until the raign of king edward the fourth ; when by the fiction of common recoveries , and the misapplied use of fines , and more then formerly riches of many of the common people , gathered out after the middle of the raign of king henry the eighth , by the spoil of the abbey , and religiously devoted lands , in which many of the nobility by guifts and grants of king henry the eighth , king edward the sixth , and queen elizabeth , in fee or fee-tail had very great shares , brought those great estates of our famous english baronage to a lower condition , than ever their great ancestors could believe their posterities should meet with , and made the common people , that were wont to stand in the outward courts of the temple of honour , and glad but to look in thereat , fondly imagine themselves to have arrived to a greater degree of equality than they should claim , or can tell how to deserve . and might amongst very many of their barbarously neglecting gratitudes remember , that in the times in and after the norman conquest , when escuage was a principal way or manner of the peoples aides , especially those that did hold in capite or of mesne lords under them , to their soveraign for publick affairs or defence , the lords spiritual and temporal being then the only parts of the parliament under their soveraign , & the sole grand councel of the kingdom under him , did not only assess in parliament , and cause to be leavied the escuage , but bear the greatest part of the burden thereof themselves , that which the common people did in after times in certain proportions of their moveables , and other estates , or in the ninth sheaf of wheat , and the ninth lamb , being until the dissolution of the abbies and monasteries in the latter end of the raign of king henry the eighth , when they were greatly enriched by it , did not bear so great a part of the burdens , aides , or taxes , or much or comparable to that which lay upon the far greater estates of the nobility , there having been , in former times , very great and frequent wars in france and scotland ; & no escuage , saith sir y edward coke , hath been assessed by parliament since the th . year of the raign of king edward the second . howsoever the commons , and common people of england ( for all are not certainly comprehended under that notion ) their ancestors before them and their posterities and generations to come after them , lying under so great and continued obligations , and bonds of an eternal gratitude and acknowledgement , to the baronage and lords spiritual and temporal of england and wales , for such liberties and priviledges as have been granted unto them , with those also which at their requests and pursuits have been indulged or permitted unto them by our and their kings and princes successively , will never be able to find and produce any earlier or other original for the commons of england , to have any knights , citizens , or burgesses , admitted into our kings and princes great councels in parliament , until the aforesaid imprisonment of king henry the third , in the th . and th . year of his raign , and the force which was put upon him by symon montfort earl of leicester , and his party of rebels . sect . xii . that the asoresaid writ of summons made in that king's name to elect a certain number of knights , citizens , and burgesses , and the probos homines , good and honest men or barons of the cinque ports , to appear for or represent some part of the commons of england in parliament , being enforced from king henry the third , in the th . and th . year of his raign , when he was a prisoner to symon de montfort earl of leicester , and under the power of him , and his party of rebellious barons , was never before used in any wittenagemots , mikel-gemots , or great councels of our kings or princes of england . for , saith the very learned and industrious sir william dugdale knight , garter king of armes , unto whom that observation by the dates of those writs is only and before all other men to be for the punctual , particular , express , and undeniable evidence thereof justly ascribed , which were not entered in the rolls ( as z all or most of that sort have since been done ) but two of them , three saith mr. william pryn , instead of more in schedules tacked , or sowed thereunto : for although mr. henry elsing , sometimes clerk to the honourable house of commons in parliament , in his book entituled , the ancient and present manner of holding parliaments in england , a printed in the year . but written long before his death , when he would declare by what warrants the writs for the election of the commons assembled in parliament , and the writ of summons of the lords in parliament were procured , saith , that king henry the third , in the th . year of his raign , when those writs were made , was a prisoner to symon de montfort , and could not but acknowledge , that it did not appear unto him by the first record of the writs of summons now extant , by what warrant the lord chancellor had in the th . year of the raign of that king , caused those writs of summons to parliaments to be made . howbeit most certain it is , saith sir william dugdale , that those writs of election , made in the name of king henry the third , to send knights and burgesses to the parliament , were by a force put upon his great seal of england , as much as upon himself , when they had him as a prisoner of war in their custody , and kept him so , as our chronicles , historians , and annals b have recorded it , for an year and a quarter , carrying him about with them to countenance their rebellious actions ; for the battle of lewis , wherein he was made a prisoner , was upon the th of may in the th . and that of evesham , which released him , the th . day of august , in the th . year of his raign . and there is no testimony c or record to be found of any other the like writ of election made afterwards , untill the d . year of king edward the first , although there were several parliaments , or magna concilia convocated , and held in the mean time ; and if our ancestors had not been so misled and abused by the rebels in the raign of king john , and his son king henry the third , there are enough yet alive , who can sadly remember , how a more transcendantly wicked hypocritical party have since adventured to make out and frame , until they had murthered him , counterfeit writs , commissions , and summons of parliament , in the name of our religious king charles the martyr , and make as much as they could his royal authority to fight against his person . and there is no certainty or pregnant evidence , saith mr. william pryn , who being a lawyer , and a long and ancient member of the house of commons in parliament , did so much adore the power and preheminence thereof , as adventuring the loss of his estate , body and soul with them therein , could find no better a foundation or pedigree to bestow upon them , than the captivity and imprisonment of a distressed unfortunate king , but saith , that there were not any knights , citizens , burgesses , or house of commons , in the confessors , or conquerors raigns , or any of our saxon or danish kings ; nor before the latter end of king d henry the third's raign ; for although polydore virgill , and others do refer the original of our parliaments to the council holden at salisbury in the th . year of king henry the first , there is not one syllable in any of our ancient historians concerning knights , citizens , and burgesses present in that councel , as saith the learned sir henry spelman , in these words , viz. rex perindè qui totius regni dominus est supremus , regnumque universum tàm in personis baronum suorum quàm è subditorum ligeancia ex jure coronae suae subjectum e habet , concilio & assensu baronum suorum leges olim imposuit universo regno , & consentire inferior quisque visus est in persona domini sui capitalis , prout bodiè per procuratores comitatûs vel burgi , quos in parliamento knights and burgesses appellamus , habes morem veteram quem mutâsse ferunt henricum primum anno regni sui sextodecimo , plebe ad concilium sarisberiense tunc accitâ , haec vulgaris opinio , quam typis primus sparsit polydorus virgilius , acceptam subsequentes chron●graphi , nos ad authores illius seculi prouocamus . and refuting that opinion f by neubrigensis ( who lived about that time , and relates the purpose of that great councel in these words , facto concilio eidem filiae suae susceptis vel suscipiendis ex eis nepotibus ab episcopis comitibus barombus & omnibus qui alicujus videbantur esse momenti ; and likewise by florentius wigorniensis , eadmerus and huntington , further saith , ludunt qui parliamenta nostra in his quaerunt sine ut sodes dicam collegisse mecentenas ( reor ) conciliorum coitiones , tenoresque ipsos plurimorum ab ingressu gulielmi mi ad excessum henrici i existentium , nec in tanta multitudine de plebe uspiam reperisse aliquid , ni in his delituer it seniores , sapientes populi , which he conceives to be only aldermanni , sapientes or barones , & magnates regni , not the commons . and it hath been well observed by the learned author of the notae & adversaria in historiam mathaei parisiensis , that in the ancient synods , before the subduing of england by william duke of normandy , conficiebantur chartae donationum publicae & de gravaminibus reipublicae brevitèr inter regem & magnates , episcopos & abbates consultabatur , id enim tunc dierum erat synodus quod nunc ferè parliamentum , nisi quod non rogabantur leges per plebiscita , nec sanciebantur canones per suffragia minoris cleri . and was as novel and new , as it was unexpected , no such writ having ever before been framed or made use of , to such or any the like purpose . and mr. selden likewise saith , that the earls and barons mentioned or directed by those compelled then writs of summons , to come to that pretended parliament , were only the earls of leicester , gloucester , oxford , derby , norfolk , roger de sancto johannis , hugh le despencer , justiciar ' angliae , nicholas de segrave , john de vescy , robert basset , g. de lucy , and gilbert de gaunt . of which the earls of leicester , gloucester , norfolk , oxford , and derby , were notoriously known to have been in open armes and hostility against the king. the whole number of the temporal lords therein named , not amounting unto more than twenty-three , with a blank left for the names of other earls and barons , which have not been yet inserted or filled up . and all the other , which were in that constrained writ of summons particularly and expresly named , were no other than h. de le spencer , justicar ' angliae , john fitz-john , nicholas de segrave , john de vescy , rafe basset de drayton , henry de hastings , geffery de lucie , robert de roos , adam de novo mercato , walter de colvill , and robert basset de sapcott , which together with the then bishops of london , and worcester , symon de montfort earl of leicester , and steward of england , h. de boun juvenis , peter de monteforti , & s. de monteforti juvenes , baldwin wake , william le blond , william marescallus , rafe de gray , william bardolff , richard de tany ( or tony ) and robert de veteri ponte , made up the number of the opposite party to that king in the aforesaid reference to the king of france . and mr. selden g hath observed , that the preambles of the ancient parliament-writs , for the snmmoning of the baronage , sometimes so varied , that some eminent occasions of the calling of the parliament were inserted in the writs h to the spiritual barons , that were not in those to the temporal , and often times no more than a general and short narrative of our king's occasion i of having a parliament with much variation in the writs of that nature , with many differences of slighter moment expressed , and sometimes in all a clause against coming attended with armes , and that until the middle of the raign of king richard the second , when the dukes , earls , and barons , were created by letters patents of our kings ; the names of the barons to be summoned in parliament , were written from the king 's own mouth at his direction and command ; and in that agreeth with mr. elsing , who saith , it was ad libitum regis , for surely none but the king can summon a parliament , and that was the reason that henry the fourth , having taken king richard the second his leige and lord prisoner , the th . day of august , in the st . year of his raign , did cause the writ of summons for the parliament , wherein he obtained the crown to bear date the th . day of the same month , for the warrant was per ipsum regem & concilium , and himself to be summoned by the name of henry duke of lancaster . sect . xiii . that the majores barones regni , and spiritual and temporal lords with their assistants , were until the th . year of the raign of king henry the third , and the constrained writs issued out for the election of knights , citizens , and burgesses , whilst he was a prisoner in the camp or army of his rebellious subjects , the only great councel of our kings . for the barons of england , viz. the lords . spiritual and temporal , with some other wise and selected men , which our kings did anciently , and upon occasions call into that assembly , were the great council of the kingdom , and before and from the conquest , until a great part of the raign of king henry the third ( in whose dayes , saith mr. elsing , it is thought the writs for election of knights and burgesses were framed ) made the great councel of the kingdom , and under the name of barons , not only the earls , but the bishops also were comprehended , for the conqueror summoned the bishops to those great councels , as barons ; and in the writ of summons ( made as aforesaid in the captivity and troubles of king henry the third ) we find the bishops and lords with some abbots and pryors to be the councellors , and the commons only called to do , perform , and consent unto what should be ordained . and mr. selden , and sir henry spelman have by divers instances , and warrantable proofs declared unto us , that the bishops , and lords only were admitted into the wittenagemots , or great councels , which were wont in and after the raigns of the k saxon kings to be kept at the three great festivals in the year , viz. easter , whitsontide , and christmass , l when the earls and barons came to pay their respects and reverence to their soveraign , and give an account of what was done , or necessary to be known or done in their several provinces and charges , and what was fit to be consulted thereupon , and were then accustomed to meet , and assist their kings and soveraigns with their advice and counsel . which m was so constantly true , as antecessores comitis arundel solebant tenere manerium de bylsington in com' kanc. quod valet per annum . l. per serjeantiam essendi pincernam domini regis , in die pentecostes , & ela comitissa warwick tenuit manerium de hoke norton in com . oxon , quod est de baronia de oyley de domino rege in capite per serjeantiam scindendi coram domino rege die natalis domini & habere cultellum domini regis de quo scindit . roger de britolio farl of heresord , being in armes and open rebellion against king william the conqueror taken prisoner , and condemned to perpetual imprisonment , wherein though he frequently used many scornsul , and contumelious words towards the king , yet he was pleased at the celebration of faster in a solemn manner ( as then was usual ) to send to the said earl roger then in prison his royal robes , who so disdained the favour , that he forth with caused a great fire to be made , and the mantle , the inner surcoate of silk , and the upper garment lined n with precious furs to be burnt , which being made known to the king he became displeased , and said , certainly he is a very proud man , who hath thus abused me , but by the brightness of god he shall never come out of prison , as long as i live ; which was fulfilled . in anno william rufus tenuit curiam in natali domini apud london & rex anglorum willielmus , cognomento rufus , gloriose curiam suam tenuit ad natale apud gloverniam , ad pascham apud wintoniam , & apud londonias ad pentecosten . et hic concessus ordinum regni , saith sir john spelman , sive totius regni repraesentatio ( quod intelligere convenit ) ab alfredo certis quidem vicibus , & ijs ordinariis , o non quasi ejusdem formae & celebritatis esset , cujus & hodierna comitia , quae parliamentum vulgò dicuntur , sed ut quantum est in anglia terrarum tunc aut unum omninò regis erat , aut comitun ejus atque baronum , & qui sub illis agros colerent eos clientelari atque precario jure possederint , ut qui toti ab nutu dominorum penderent , ità quicquid ab isto tempore ab rege , comitibus ejus atque baronibus constitutum est , toto regno sancitum erat , velut ab ijs transactum quibus in caeteros suprema & absoluta potestas esset , adeoque reliquorum seu clientium & mancipiorum jura includeret . episcopos quod attinet hi magnis hisce concilijs nunquam non intersuerunt suisque suffragijs leges sanxerunt , nam praetereà illud quod ob seculares fundos barones vel ob ipsum sacerdotis honorem sacrosancti censebantur , eâ infuper sapientiâ plerumque praestabant , ut non tantùm suffi agia procerum aequiparârint , sed & actis omnibus venerationem atque pondus addiderint , ab hoc regis instituto manavit ( uti videtur ) mos ille posteris saxonibus non inusitatus , ut concilia episcoporum atque magnatum tèr quotannis celebrarentur , nempe ad domini natales , pascha , atque pentecosten , ad consultandum de arduis regni negotijs , neque id uno semper eodemque loco , sed ubicunque res posceret licet ferè ubi rex cum aulicis ageret praesens . and in our parliaments , as well modern as ancient , had a deliberative power , as the most learned selden hath informed us , p in advising their kings in matters of state , and giving their assent in the making of laws , and a judicial subordinate power to their kings in giving of judgment in suits or complaints brought before them in the house of lords , or that magna curia & universitas regni , q as bracton stiles it ; and whither in his time causes were for difficulty adjourned from the other courts of the kingdom , unto which no remedies could otherwise be given , and saith mr. elsing , all judgments are given by the lords as aforesaid , and not by the commons . and that very ancient , long experimented and well approved custom , appeareth not to have been discontinued or forgotten , when in the parliament holden in the first year of the raign of king henry r the fourth , the commons shewing to the king that comme les juggements du parlement appurteignont seulement au roy & as seigneurs & nient as commones ; si noun en case que sil plest au roy de sa grace especile leur monstrer ses ditz juggements pur ease d' eux , que nul record soit fait en parlement encontre les ditz communes , que sont ou serrent partyes as escunes juggementz donez ou adonees ou apres en parlement . a quoi leur feust respondu per l' ercevesque de canterbire de commandement du roy , 〈…〉 ment mesmes les commones sont petitioners & demandeurs , & que le roy & les seigneurs de tout temps ont eves & averont de droit les juggementz en parlement , en manere come mesme les comones ount monstrez , sauvez quen statutz affaires ou en grauntez & subsides ou tiel choses affaires pur comon profit du royalme , le roy voit avoir especialment leur advys & assent , & que cel ordre de fait soit tenuz & gardez en tout temps adveniz . and the earls and temporal barons , were by s vertue of their tenures and summons of parliament , since the beginning of the raign of king richard the second , said to be conciliarij nati of the king and kingdom , and the bishops to sit there then , and long before , by reason of their baronies ( which no member of the house of commons is , or can claim to be ) in our king 's great councels or parliament , until the framing of that aforesaid novel writ to elect knights , citizens , and burgesses in the time of the imprisonment of king henry the third , and after his release was discontinued , and no more made use of , until the d . year of the raign of king edward the first his son , and the heirs by ancient customes of that court , under and by the kings authority , do exercise in causes and complaints brought before them a judicial and decisive power . and in the preceding times and ages , until that new writ of elections was contrived and imposed upon that distressed and much injured prince ; certissimum est , saith that learned and judicious antiquary sir henry spelman , that the nobility and barons , which did hold immediately of the king in capite , judicijs praefuêre aulae regiae , did usually sit and determine causes or controversies in the king's court or palace , as the barons t of the coife in the exchequer , who were heretofore earls and barons , do at this day judge and determine of matters touching the king's revenues . and as the lords u of mannors in their courts barons do admit none to be judges in those their little courts , but their tenants , who are free-holders , and do hold of them , and being stiled and said to be of the homage , do subserviently manage the affairs of their lords therein , who did very anciently use to act therein , concilio prudentum hominum & militum suorum by their presentments , advice , and judgements , and are therein not much differing from the customs and laws of the longobards , where their emperor commanded w that nullus miles ( nobiscum saith sir henry spelman liber homo ) sine certâ & convictâ culpâ suum beneficium perdat , nisi secundum consuetudinem antecessorum nostrorum et judicium parium suorum . in which , saith sir henry spelman , th 〈…〉 is an idea of our magna charta , the free-holders in the hundred courts being thither also called . conformable to the league made by king alfred with guthrun the dane , wherein homicide sive de crimine alio quod quatuor marcas excederet postularetur per duodecim ex paribus , reliquos autem subditos per pares unumque ex baronibus regis fore judicandos . and to the laws of our king henry the first , wherein it was ordained , that unusquisque per pares judicandus est , si quis in curia sua vel in quibuslibet agendorum locis placitum tractandum habet , convocet pares & vicinos suos , si inter compares vicinos sint querelae conveniant ad divisas terrarum suarum , & qui prior queremoniam fecerit , prior rectum habeat , & si alias ire oporteat in curiam domini sui eant , si unum dominum habeant , & soca sit ejus , & illic eos amicitia congreget , aut sequestret judicium . and may seem to be derived from the laws and customs of the germans , y where by the court of peers are understood causarum feudalium judices à caefare constituti , qui sine provocatione cognoscebant , to be judges appointed by the emperor to hear and determine without appeal matters concerning their lands and territories ; where the like usage and term of peers in their judicatures , great councels or diets , is at this day used ( the princes of the empire being paribus cu 〈…〉 ae ) and such are those of our house of peers in parliament , being the highest court of the kingdom of england , where none were admitted or did administer justice , nisi qui proximi essent à rege ipsique arctioris fidei & homagij vinculo conjuncti , but such as were near unto the king , and held of him in capite ; which kind of tenures howsoever they were most unhappily dissolved by a late act of parliament in his now majesties raign , for converting tenures in capite into free and common socage , were by an exception and proviso in the said act of parliament , as to the rights and priviledges of the peers in parliament , specially saved and reserved unto them , who were heretofore capitanei regni , as sir henry spelman saith , captains of the kingdom , and peers obliged and bound unto their kings by homage and fealty in that highest and most honourable court of the kingdom ; wherein the judicative power of parliament under their king , their head and chief resides , which high and honourable assembly reverencing and taking care for their head and soveraign , the only , under god , protector of themselves , the church , and all their worldly concernments and liberties . was so much used in france , as saith a conringius , proceres temporibus francorum , temporibus antiquissimis concilio interfuisse plurimis quidem testimonijs in proclivi est ; and cites a book written per theganum chorepiscopum trevirensem de gestis ludovici imper ' ca. . ubi de carolo magno imperatore legitur , cùm intellexisset appropinquare sibi diem obitus sui , vocavit filium ludovicum ad se , episcopis , abbatibus , & comitibus loco positis , & habuit grande colloquium cum ijs aquisgravi , & eodem spectat procul dubiò hinckmari ( who was a bishop and councellor of charlesmaynes ) illud concilium lodovico baldo datum epistolam , ut rempublicam administret , ex procerum aut principum consensu ( nusquam plebis mentione factâ ) unde & epistolam illam claudens ca. . scribit de generalibus ecclesiae & regni negotijs fine generali procerum regni consensu & concilio secretum dare concilium nefas etiam consensum deliberare nolo . the king of scotland hath as a feudatory to our kings of england in fide & ligeancia sate in the house of peers in parliament , by the summons of king edward the third , in the d . and th . years of his raign , in a chair of state set upon his left hand . the arch-bishops and bishops do enjoy the priviledge and honour of being present , by reason of their baronies , which howsoever ( some of them , not all ) were given at the first in frank almoigne , and as eleemosynary are holden in capite , & debent b interesse judicijs curiae regis cum baronibus , and are not to be absent , saith the constitution made at clarendon in the th . year of the raign of king henry the second ; and that honourable tenure of servitium militare was accounted to be such a tye and duty of service incumbent upon the bishops , as well as the other baronage , as any neglect thereof was so poenal unto them , as thomas beckett , the then ruffling and domineering arch-bishop of canterbury , notwithstanding c all the pleas and defences which he could make , wherefore he came not to that great councel or parliament when he was commanded , was condemned in a great sum of money , the forfeiture of all his moveable goods , to be guilty of high treason , and be at the king's mercy , and the reason was given of that judgment , for that ex reverentia regiae majestatis , & ex astrictione ligij , homagij , quod domino regi fecerat , & ex fidelitate & observantiâ terreni d honoris quem ei juraverat , he ought to have come , but did not . for such kind of courts and councels , where kings and princes , with the lords spiritual and temporel , as their greater tenants in capite , did for mutual aid , assistance , and counsel assemble and meet together , have been no novelty or new device amongst the cimbri , germans , gothes , francks , longobards , saxons , and several e other northern nations , were brought unto us from them ; amongst whom tenures in capite , and by knights-service , more agreeable to humanity , were justly esteemed to be a better foundation and subsistency of the right power and conservation of soveraignty and government , than that of the eastern and southern princes was , where dura erit servitus dominorum , the condition of servants was hard , and the severity of masters , who had potestatem vitae & necis , power of life and death over their servants , very great and rigorous , and having nothing which they could call their own , but misery , were put to maintain their masters luxury out of their labours , and enduring vilissima ministeria , all manner of slaveries , ab omni militia arcebantur , were not suffered to know or have the use of armes ; but amongst the northern nations there was a more just and gentle usage of the better part of their servants , for that they did divide a great part of their lands and conquests amongst those their servants and soldiers , pactionibus interpositis inter dominum & servientem de mutua tutela , with an especial care to have those feudal lands to remain to their primogeniture heirs males , or the next survivor of them , and saith l' oyseau , ce fut un droict commun , que f les enfans masles succederoient au fief du pere lous ensemble , & tel est le droict des lombards , amongst whom the tenants were to redeem their lords taken prisoners with the expence or loss of half their lands ; and saith martinus g margerus a schomberg , vasallus juramento fidelitatis tenetur , non solum domino damnum per se & alios in rebus non dare , sed etiam concilium & auxilium praestare , nè damnum ab alijs incurrat . vasallus domino contrà fratrem succurrere tenetur . et contrà filium pro domino arma suniere debeat . et patriam pro domino etiam contrà filium defendere . and the feudal laws were so well known here in england in king edward the confessors raign , as it was accounted in his so greatly reverenced and beloved laws , to be consonant to justice and right reason , that qui sugit à domino vel socio suo pro timiditate belli vel mortis , in condictione heretochij in expeditione navali sive terrestri perdat onme quod suum est , & suam ipsius vitam & manus mittat dominus ad terram quam ei anteà ded●rat , & si terram haereditariam habeat ipsa in manus regis transeat . and the h nobility and magnates , great and rich men , having received those ample favours , and bounties from their emperors , kings , and princes , and reserved some of their demesne lands to themselves for their own house-keeping , were so willing to communicate it to others , as they distributed their other great quantities of lands , and tenements in like manner , colonis & hominibus inferioris notae , to their friends , servants , and followers under the various tenures of in capite by knights service , soccage , castle-guard , and copy-holds , burgage , grand and petit serjeanty , and were also to attend their lords , and donors in the service of their prince , which was wont to be carefully excepted , in all their oaths of homage and fealty made unto their mesne lords , and antiquissimo tempore sic erat i in dominorum potestate connexum , ut quando vellent , possunt auferre rem in feudum à se datam ; and such an harmony , and great obligations of bodies , souls , and consciences , lands , estates , dependance , and protection could be no other but a very great safety , and constant kind of defence to this kingdom , and all the subjects and people thereof . for in feudalibus consuetudinibus ( say the civil or caesarean laws ) jura regnorum , ducatuum marchinatuum , adeoque totius imperij leges fundamentales , ac nervi quibus monarchiae romanae cum ipso senescente mundo lanquescentes inter pedes feudorum materiam privatim & publicè utilem , & in ea hodie totius christianae reipublicae , jus publicum magna ex parte consistere , & vires nervos & robora tam togatae quam armatae militiae sita esse . johannes calvin i. c. in epist. dedicat . jurisp. seudal . feuda feudorum , quae jura inquit fidelitatem ac fidem publicam pacem & incolumitatem communis patriae firmavit , imperiosam principum & magnatum dignitatem amplificant , firmissimum militiae contra communes reipublicae hostes nervum ac praesidium subministrant , adeoque fulcra germanico romani imperij nun●upari desiderant , and have received the respect reverence and approbation universally , and almost every where allowed , and not denied unto them , in the labors and studies of very great and eminent civil lawyers , as zasius , wesenbechius , vulteius , harrisanus , corvinus , bronkhorsius , rosenthalius , gothofedus , schwedecus , & multi alij , ac etiam in belgio fridericus sande , omnesque qui non tantum severa lege proficere cupit , & in foro rideri non vult . feuda à germanis principio rerum gentium nationumque ad vires imperij augendas atque conservandas quidem statim quid inventum fuit quod valdè cum feudo convenit genes ' . . . paralip . . . jerem. . . xenophon cyropaid ' l. . pr ' nec tamen feudum fuit sed clientela res apud turcas hodiè notissima , qui non alio modo multos reges & principes sibi nexos cogunt , de germanorum moribus predidit tacitus lib. . . quod principem defendere tueri praecipuum comitum fuerit saramentum , et hi exigunt principis sui liberalitate illum bellatorem equum illam cruentam victricemque frameant . feudum vetus & feudum novum , vetus quod ab abscondentium aliquo , novum quod ipse ab aliquo adquisivit . caesar intelligitur apud germanos in hoc feudo semper exceptus . f. . apud gallos rex in ligio pater non exceptus , quia id datur ab eo qui superiorem non agnoscit , cui si insidiatur , vasalli pater domino subiectus crimen perduellionis principibus comittit . vasallus domino reverentiam & honorem debet ejusque commodo augere , atque damna infecta avertere obligatus est . in feuda concedendis ordo hominum non attenditur , nam & superiores ab inferioribus feuda accipiunt , et per vicariam personam insiurandum accipiunt , inter politicos caesar & reges feuda dare possunt , duces marchiones principes comites & barones feuda dare possunt , etiamsi caesari aut regi subjecti sunt ; maiora sunt autem regalia quae ad statum reipubl ' administrationem nec non summi principis decus pertinent , and à cicerone are said to be iura majestatis , à livio jura imperij , sunt autem majora regalia leges condere easque si dubia sint interpretari lib. . sect. . c. duces , principes , comites , & barones , equites & nobiles creare l. . de dignat ' facere notarios , doctores , comites , palatinos , spurios facere legitimos , novel . . veniam oetatis indulgere , constituere summum tribunal justitiae , à quo appellari non potest , jus vitae & necis pardonare , jus civitatis dare , monetam cudere , plenissimam tuitionem tribuere quam sauvegard dicunt , instituere cursores publicos , qui celeriter dispositis equis epistolas ferunt nunc postas vocant , bellum indicere , pacem cum hoste & foedus cum exteris pangere , academias vel vniversitatem literarum condere , legatos mittere ad alios principes , magistratus creare eosque confirmare , & jurisdictionem atque imperium tàm merum quàm mixtum dare , comitia universorum imperij aut reipub ' ordinum indicere l. . pr ' f. religionis orthodoxae tuitio , concilia & synodos cogere , ecclesiae ministros instituere & confirmare , malè viventes removere , indicere ●●rias . habent etiam regalia minera , quae sunt commoda quae ex rebus publicis & ratione imperij capiuntur , armandia , id est , potestas fabricandi arma & armamentariorum cogendi , viae publicae cum ratione tuitionis contra latrones , tum ratione refectionis , tum ratione jurisdictionis , tum quoque ejus quod in illis nascitur , flumina publica navigabilia & ex quibus fiunt navigabilia modo quo viae publicae ad regalia pertinent , portus vel vectigal quod pro ingressu in portum aut portus transitu pendunt , ripatica sive vectigalia pro riparum earumque munitione , vectigalia quae hodiè tollen conveyen & licenten dicuntur , quae praestantur pro mercibus exportandis & importandis , bona vacantia , bona damnatorum ob perduellionem aliud●e crimen , ex quo hodiè publicatio eorum fit , angariae & parangariae , id est , praestationes operarum & currum , nec non navium quae ad usum publicum rusticis & subiectis imperantur , extraordinaria collatio sive contributio argentariae ( id est ) auri argentique fodinae , quae in provincia sunt , piscatio in flumine publico , nec non venatio , & utriusque concedendi potestas , decimae ex carbonum lapidumque fodinis , salinarum reditus , omnis thesaurus vbique repertus , judaeos recipere , fodrum pro exercitu principis anergariae sive hospitium militum & aulicorum , & condere illustria , gymnasia condicere . dividitur feudum in ligium & non ligium , illud est quando vasallus domino fidem adpromittit contra omnes , nullo excepto mortali . non ligium est , si excipiuntur nonnulli contra quos dominum adiuvare non cogitur . de jure domini directi dominus directus jus ratione seudi , tàm in re quàm ad rem , sed & amplius personam habet . vasallus operas praestare suis sumptibus debet , si à domino monitus fuerit ad jus dominij laudemium pertinet est honorarium , quod principis dominio administris penditur . all which regalia and prerogatives of our kings and soveraign princes , have been founded upon the feudal laws , attending the monarchy of england . and so greatly were our kings and princes in this our monarchy of england sollicitously careful , to maintain and conserve their subjects tenures of their lands , immediately or mediately holden of them , and the dependencies and obedience of their subjects unto them , and therein their own as well as their soveraigns good and preservation , as king henry the second caused throughout the kingdom a certificate to be made , not by the hear-say or slight information of the neighbourhood , or partialities of juries , but by the tenants themselves in capite , or by knight-service , whether bishops , earls , barons , and great or smaller men , by how many whole or parts of knights fees they held their lands , and by what other particular services , and what de veteri & novo feoffamento , and caused those certificates to be truly recorded in the court of exchequer , in a particular book , called the red-book , which either as to its original , or several exact and authentick copies thereof , as sir william dugdale hath assured me , were not burnt or lost in the dreadful fire of london in anno . and those tenures and engagements of those tenants , were so heedfully taken care of , as our kings ever since the raign of king john , had escheators in every county , ( the lord mayor of london being alwayes therein the kings escheator ) who amongst other particular charges and cares appertaining to their offices , have been yearly appointed to look after them ; and the bishops , earls , and barons especially , since the constitution and election of the court of wards and liveries by king henry the eighth , were not without their feodaries in the several concernments of their private estates , as our kings had in every county , as to their more universal or greater ; which together with the respites of homages , which the lord treasurers officer of the remembrancer in the court of exchequer was to record , as appeareth by a statute or act of parliament made in the th . year of the raign of king james ; and our learned and loyal littleton , who was a justice of the court of common-pleas in the th . year of king edward the fourth , with the allowance of sir edward coke his justly adoring commentator , hath taught us , that tenures in capite do draw and bring along with them , as incidents thereunto , homage which is the most humble and honourable service and reverence that a tenant can do unto his lord ; when upon his knees with his sword ungirt , and his head uncovered , holding his hands between the hands of his lord , he sweareth and professeth to be his man of life and limb and earthly worship , and to bear him faith for the lands and tenements , which he holdeth of him , saving the faith which he holdeth to his soveraign lord the king , together with fealty , service in war , or instead thereof escuage , socage , franck almoigne , homage auncestrel , grand serjeanty , petit serjeanty , tenures in burgage and villeinage ; and then the lord so sitting kisseth him : and where the service is not done by the tenant in capite , or by knight-service in person , the escuage money or fine , that is to be paid in recompence thereof , is to be assessed by parliament ; and if any controversy do arise , whether the service were done personally or not , it shall be tryed saith littleton by the certificate of the marshal of the king in writing . and tenant , saith sir edward coke , is derived from the word tenere , and all the lands in england in the hands of subjects are holden of the king immediately or mediately ; for in the law of england we have not properly any alodium , that is , any subjects lands that are not holden , unless ( saith he ) you will take allodium for a tenant in fee simple , as it is often taken in the book of dooms-day ; and tenants in fee simple are there called alodii or alodiales , and he is called a tenant , because he holdeth his lands of some superior lord by some service ; and therefore the king in this sence cannot be said to be a tenant , because he hath no superior but god almighty , and praedium domini regis est directum dominium , cujus nullus est author nisi deus . and alodiarius & alode seu alodium , saith sir henry spelman , est praedium liberum nulli servituti obnoxium ( but were never so free as to be no subjects , or exempt from obedience to our kings , in whose land and dominion they lived ) ideoque feudo oppositum , quod hoc semper alicui subiacet servituti , feuda enim antiquò dicuntur servitii & fidelitatis gratia , proprietate feudi penes dantem remanente , & usu fructu tantummodo in accipientem transeunte , ut ex c. de feud . cogn ' collegit barat ca ' . quamobrem nec vendi olim poterant invito domino , nec ad haeredes vassalli transiunt , nisi de ipsis nominatim dictum esset , sed & laesa fidelitate adimerentur , dicitur à saxon ' leod , quasi populare dicitur alodium ab à privitiva & leed gallicè leud pro vassallo , quasi sine vassallagio & sine onere , quod angli hodie load appellant , alodium feudo opponitur in antiqua versione ll canuti ca ' . ubi sax ' bocland dicitur , quod in aluredi ll ca ' . tota haereditas vocatur , & idem esse videtur quod hodiè fee simple . dicitur etiam alodium terra libera quam quis à nemine tenet nec recognoscit , licet sit in alieno districtu & jurisdictione , ita quod solum est sub domino districtus , quoad protectionem & jurisdictionem . and believes the aloarii mentioned in dooms-day book do signify no more , than our sockmanni or socage tenants , cum germanis liberos & gallis nobiles , qui militiam ex arbitrio tractantes nullius domini imperio evocati , nulloque sendali gravamine coerciti , sui juris homines non feudales , seil qui dominium tamen agnoscerent ( ut locus ille e domesday citatus plane evincit ) & qui fidelitatem apud nos jurarent censum quantulumcunque augebunt , si●t etiam qui de nomine eos ten●isse asserunt , ac si hunnoniorum more , adeo & sole suum accepissent patrimonium . and du fresue etymologizing the word alodiarias saith , it is praedium etiam domino obnoxium possidet tenens domesday , quando moritur alodiarius rex inde habet alleniationem terrae ( a releife ) excepta terra sanctae trinitatis , gulielmus gemeticensis lib. . ca. . abbatique locum cum tota villa quam ab alodiariis auro redemit , thomas walsinghamus , p. . et in definitione alodialis , which he saith is idem quod tenens , mentioneth chartam gulielmi ducis normanniae p. . in monasticon anglicanum tom. . p. . dedi etiam ecclesiam radulphi villae & umon allodialem in ipsa villa , & dedi quoque unum allodialem in amundevilla quietam ab omni consuetudine . bignenius dicit , quod significat haereditatem & paternam terram , et dominicus de prorogat ' allodiorum dictum oppinatur , quasi alo leuden , id est , sine subjectione , a voce leuden quae germanis pa●i subire fignificat , sicut & subjectionem & servitium ; spelmannus derivat a leod populare saxonice , ita ut aleod sit idem quod praedium populare oppositum feudo , quod est praedium dominicale ; and the learned du fresne , amongst the various opinions mustred up by him , concludeth with a deniquè plerique è doctioribus existimant vocem esse primogeniam gallicam vel francicam quae praedium ac rem proprietario jure possessum denotat . feudum novum absque domini concensu alienatum revocari potest a domino , decis . . feudum in dubio praesumitur esse haereditarium , & non ex pacto & providentia , decis . . n. . feudum antiquum absque concensu domini alienatum ex communi d. l. sententia a filio revocari potest . n. . and the tenures in capite , and by knight-service , were of so high an esteem and value amongst the english , whereby to do unto their kings and country that honor and service , which was due , and might be expected from them , in their several degrees and stations , as the great lords and other men of note did many times purchase or obtain of each other , the homages and servitia of so many men , or parts of knights fees by deeds or charters ; and so much beyond any money or other kinds of estate , lands , or offices , as robert earl of leicester's ancestor , having at the coronation of king john agreed to pay unto roger bigot earl of norfolk's ancestor , ten knight's fees for the purchase of that great office of high steward of england , of which seven and an half were paid , and a controversy arising afterwards betwixt the said earls , for the satisfaction of the remainder , in the st . year of the raign of king henry the third , the king undertaking to make an accord betwixt them , adjudged simon montfort ( who afterwards ill requited him ) to have and execute the said office of high steward ; and that roger bigot earl of norfolk ( who afterwards joyned in the rebellion with montfort against him ) should bring his action for the other two knight's fees and an half . from which most necessary and excellent feudal laws , have proceeded those grand honors fixed and appurtenant to our ancient monarchy of england , in our kings and princes grant to several great families in england , in fee or fee-tayl , as to be constable of england , earl marshal of england , lord steward of england , lord great chamberlain of england , chamberlain of the queens of england die coronationis suae , butler to our kings at their coronations , &c. and likewise the statute de donis or entailes , the neglect whereof , in leaving all the ruined families of the nobility , gentry , and better sort of the english nation to feigned recoveries , introduced about the raign of king edward the fourth , by an unhappy and unjust trick of law , to make the losers believe that they shall recover the value of their lands so lost , amounting in the whole unto the greatest part of all the lands in england , of the bagbearer of the court of common-pleas , who in the conclusion is only vouchee to warrants , and to make it good out of his own land , and by the small fees and profits of his office , was never yet known to inherit , or to have been a purchaser of ten acres of land , yet walks about and is never molested or called to account for those vast sums of money , or his land ( if he ever had or was re vera intended to have had any ) was to be liable by his being a common vouchee in all the common recoveries which are suffered in that court. it being in those more obedient and loyal times esteemed no small honour to serve our kings , or hold lands by such a kind of tenure , as it may be believed to have occasioned that adage or common saying in england , before the ever to be lamented taking away of tenures in capite , and by knight-service and pourveyance , no fishing to the sea , no service to the king ; and those royal services , affixed unto lands and territories , have been so immutable amongst other our neighbor nations , as in the aurea bulla , fastned upon the empire of germany , about the th . year of the raign of our king edward the third , the three spiritual electors , viz. the arch-bishops of mentz , cologne , and triers or trevers , do hold their lands and territories by their several tenures , of being arch-chancellors , the first of germany , the second of italy , and the third of france ; the king of bohemia to be archipincerna , duke of bavaria or count palatine of the rhine archidapifer , duke of saxony archimariscallus , duke or marquess of brandenburgh archicamerarius , of that empire , and might be with or amongst them exampled from our pattern , which was long before ; as also from the scots , who have to this day some of the like official dignities annexed to their lands and estates , and as in the raign of our king henry the first , count tankervile was , by inheritance and tenure of his lands , chamberlain of normandy . and although not so ancient as the customs of the patroni and clientes , in the beginning of the flourishing of the vast roman empire , which was so greatly advantageous both unto the greater and lesser part of the people , the patroni in their popularities and ambitions to gain and please them in their way of advancements to annual magistracies , not seldom exercising their eloquence in pleading their causes or suits in law , before the lawyers had for another kind of advantages by the gratifications of fees and rewards , made it to be the greatest part of their profession , which before were principally employed upon seldom occasions in matters of difficulty , in jurisconsults and decisions ; some of the more eminent sorts of them having , about the raign of the emperor augustus caesar , obtained licenses of him ad respondendum ; yet after the irruption of the goths , vandals , longobards , and hunnes , with other northern nations into that empire , they found it to be more beneficial , to do as the germans , and many other northern nations have done , to be feudalists , and to have lands given unto them and their heirs , to hold by service of war , and other necessaries under those grand obligations of interests , oaths , gratitude , homage , and fealty , which proved to be better more certain and beneficial , both for the patroni and clientes , the poorer sort of the people alwayes or very often wanting the aid and protection of the greater , from wrongs and oppressions like to be put upon them . and the patroni and greater , procuring to themselves thereby a more constant observance of duty , honour , and additions to their former grandeur , the greater and lesser thereby mutually supporting and assisting each other , which in the consequence was ( as it did ) likely to prove much better , than the charge and trouble the patroni were used to be ; as in the frequent courting and humoring of the common people with their costly epulae's and ludi's , not only to gain their own preferments in their annual poursuites of offices of magistracy , but to keep the popular votings from mutiny , and ruining them as much as themselves . and howsoever that they with us in england , by a great infelicity to our languishing monarchical government , after an horrid rebellion and murder of our late king , anno. . car. . by an act of parliament made upon his now majesties happy restoration for the taking away the court of wards and liveries , tenures in capite and by knight service , and pourveyance , and for settling a revenue upon his majesty in lieu of a great part of the lands of england and wales , which the rebels besides their great estates had forfeited unto him , which they were willing to retain to themselves , and thank him as fast as they could with a more detestable rebellion , the praeamble mentioning most unfortunately , for want of a right information and understanding thereof , that the said court of wards and liveries , tenures by knight service in capite , holden of the king or others , and socage in capite , have been by consequence more praejudicial , then beneficial to the kingdome , ( as if the nerves and ligaments of the crown of england , and the ancient support and defence of the honour and glory thereof , for more then one thousand years , could any way deserve to be so charactered ) and that after the intromission of the said court , which hath been since the th . day of february . ( when the divel and his reformation had made a large progress in the chasing religion out of the kingdom , and washing over in blood the blessed martyr king charles the first , kingdomes of england , scotland , and ireland ) many persons could not by their will or otherwise dispose of their lands by knight service ; whereby many questions might possibly arise , unless some seasonable remedy be taken to prevent the same : our soveraign lord by the assent of the lords and commons in parliament assembled , and by the authority of the same did enact the taking away of the said court of wards and liveries with other the premises , and all tenures of any lands , holden of the king or any others , shall be turned into free and common socage , and be discharged of all homage , escuage , voiages , royal wardships and aide , pour file marier & pour faire fitz chivaler livery & ouster le maine , all statutes repealed concerning the same , all tenures hereafter to be created by the king his heirs or successors shall be in free and common socage , provided that that act extend not to take away rents certain , herriots or suits of court belong ing to any other tenures taken away or altered by that act , or other services incident to common socage , or any releifes due and payable in cases of free and common socage , or of any fines for alienations holden of the king , by any particular customes of lands and places , other then of lands holden immediately of the king in capite . nor extend unto any tenures in franck almoigne , or by copy of court roll , honorary services by grand serjeanty , other then what are before dissolved or taken away ; provided that this act , nor any thing therein contained , shall infringe or hurt any title of honour , feodal or other , by which any person hath or may have right to sit in the lords house in parliament , as to his or their title of honour or sitting in parliament , and the priviledges belonging to them as peers . and that that act extend not to any the rights and priviledges of his majesty in his tynn mines in cornewal . in recompence whereof the king shall have the excise of ale , beer , perry and syder , strong and distilled waters setled by that or some other act of parliament , touching the excise , upon the king during his life , and a moyety only after his death to his heirs and successors . and are by sir henry spelman said to be non solùm jure positivo , sed & gentium , & quodammodo naturae , not only by positive , but the laws of nations and nature . especially when it was not to arise from any compulsory , l incertain way , or involuntary contribution , or out of any personal or movable estate , ( cases of relief only excepted , ) but to fix and go along with the lands , as an easy and beneficial obligation and perpetuity upon it ; and was so incorporate and inherent , as it was upon the matter a co-existence or being with it ; glanvil , and bracton being of opinion with the emperour justiniam , that the king must have armes as well as laws to govern by , and not depend ex aliorum arbitrio ; and therefore the prelates , earles , and commonalty of the realm did in a parliament in the th . year of the raign of king edward the st . declare it to be necessarily belonging unto him , and to none other ; judge hutton in his argument in the case of the shipmony in the raign of king charles the martyr , and diverse other learned judges and lawyers have declared tenures in capite , and by knight service , to be so inseparable from the crown , as not to be aliened or dissolved by any act or authority of parliament . some of whom could not forget , that a design having been presented and offered unto king james ( when the scots had by their importunityes much enfeebled the royal revenue ) by some , who neither understood our fundamental laws or the constitution of our government , and having considerable estates in the county of york , and bishoprick of durham , and being members of the house of commons in parliament , and mischievous enough in the long rebellious parliament , a revenue of two hundred thousand pound per annum to dissolve his courts of wards and liveries , and release his tenures in capite , and by knights service ; and the king liked so well of those hopes of augmenting his overwasted revenue , as he , with promises of great rewards to the designers , ordered a table to be purposely kept at white-hall for them , untill they had brought their undertakings to perfection ; unto which the reverend judges being summoned by the king to deliberate and give their opinions , could find neither law or right reason for the taking away of those tenures with their incidents , even by an act of parliament ; insomuch as the design and table were laid down , and no more thought of , until the unhappy fate and misery of forsaking and destroying fundamentals , did so drive it on afterwards as it hath done , by our abandoning the old ways and the truths thereof into those very many misfortunes , which it hath brought us into already , and will more and more into the prophet jeremiah's lamentations . and so greatly resembled that very antient way of the great councels or parliaments in france , drawn and derived from their ancestors the francks , and other their northern progenitors in and of that kingdom , long before there inhabiting , until the miseries brought by the english conquests , and their own divisions , upon that people by those warrs , and their seeking in the interim to govern their kings , and domineer over them in the midst of their troubles , necessities , and disabilities to protect them , had constrained some of their after kings , as lewis the th . one of their kings to find the way to govern so arbitrarily , as they have since done with a continual so limited parliament , as it signifieth little more than an extraordinary court of justice , and verify the edicts of his prerogative power with a car tel est nostre plaisir ; insomuch as those kind of tenures and beneficial mutualites , might not improbably have been here introduced by the saxons , from one and the same or a like radix , or original , before the normans atcheivements and acquests , either here or in france , or by what they had learned or practised of the feudal laws in the empire , or after the normans had brought england ( their long before compatriots ) into subjection ; and in the reigns of some of their after kings continued masters of normandy , aniou , aquitaine , mayne , and poicteau , and of so many other great parts and provinces of the french dominions , as in process of time they gained a full possession of the residue , and in a short time after lost them all by our own domestick ambitions , and discords . so as one egg of the same kind , cannot commonly be more like in it's external form and likeness , to an other , then the antient and ever-to-be-approved method of our and their former great councels or parliaments were . wherein may warrantably , without any suspicion of an arbitrary government , be vouched and called the learned sieur du fresne , a man of vast reading and litterature , and not only learned in all the roman and northern antiquities , but in our old english saxon laws , and the allowed classical and veritable authors , and writers of our nation , and to whom the learned works of our glanvil , bracton , littleton , fortescue , coke , stamford , spelman , and selden were no strangers , when in his glossary , or comment upon the word pares , he represents unto us the figure or lively picture of our own ancient customes and usages in our great councels or parliaments , in these his words or annotations . pares dicuntur , qui ejusdem sunt conditionis vel dignitatis . in charta grodegangi episcopi metensis apud meurisium . p. . it is said , ego grodigangus un● cum voluntate illustrissimi pipini inclyti francorum regis avunculi mei , & cum consensu omnium parium nostrorum , episcoporum , abbatum , presbyterorum , diaconorum , subdiaconorum , vel omnis cleri , seu & hominibus sancti stephani metensis ecclesiae cogitavi casion humanae fragilitatis &c. apud baldricum noviocomensem compares sunt pares feudales , & in legibus henrici primi regis angliae . ca. . et exinde appellati unius domini convassalli quod ratione hominij & tenurae sibi invicem pares sunt , qui domino subsunt , à quibus soli judicari poterant , nam convassalli diversarum baroniarum seu territoriorum eidem domino subjecti , non dicuntur propriè pares , à paritate igitur conditionis & dignitatis appellatio illa profluxit . exploditur virorum doctissimorum sententia , quòd pares deriva●tur à patritijs francicijs tenebantur pares judicijs dominicis interesse , judicumque munere fungebantur , & ad id astringebantur feudorum suorum obligatione . quod si legittimam excusationem haberent , quò minùs possent judicijs dominicis interesse tenebantur eo casu , paris sibi conditionis vicarios submittere , qui eorum locum tenerent in ijsdem judicijs . dignitas autem regia , ducatus , marchio , comitatus , non dicitur propriè eò quòd duces , marchiones , & comites regibus sint pares , sed partim quòd à rege proximè descendit . parium autem judicia in ipsos pares & convassallos exercebantur , adeò ut si aliquis oriretur sententia inter ipsos pares dirimi non possit , nisi in conventu & judicio parium suorum , domino ipso feudali praesidente . in parium consessu judicia ab ijs in dominum non exercebantur , quippe ils ne sont mis appeller pers pour ce qu'il soient per a lui , mais pers sont entre eux ensemble . parium judicia inter pares seu convassallos tantùm exercebantur . neque pares duntaxat per pares seu convassallos ad judicium subeundum summonebantur , sed & actiones caeterae omnes judiciae per pares peragebantur . cùm igitur pares sint vassalli , qui à domino feudali nudè pendent ratione tenurae , atque ita etiam vulgò appellati sunt barones , ideò vox utraque eadem notione passim usurpata legitur , pro majoris dignitatis vassallo qui vel in consilium adhibentur à domino aut rege . that which was mentioned by ingulfus , to have been in use amongst the monks , in the abby of croyland , being in the raign of william rufus . and as to the court barons of the mesne lords , derived from their superiour , saith du fresne , parium judicijs non modo intererat dominus , vel ejus ballivus , sed etiam in rebus arduis concilium expetebat , ità ut conciliariorum domini feudalis vicem fungerentur . in quibusdam tamen locis , ut in comitatu bellovensi , le seigneurs o ne jugent pas en les cors , mes les homes jugent , & in locis ubi cum paribus suis considet ejusmodi judiciis interesse non posse , si litem vel controversiam habet cum paribus . pariae ex hispanico parias feudales redditus honores homagia . and we might as well borrow from them the word parliament , which du fresne hath told us , was made use of by lewis the th . king of france in the year . which was in the th . year or th . of our king henry the d. , nineteen or twenty years before it was found , that the word parliament was used in any of our publick records , in the antient and former ages , in all the latter in our king's writs of summons to their parliaments ( except some few by inadvertency ) giving it no other title than confilium or colloquium . and du fresne , after his learned comments upon the word baronia , and the antient usages thereof in england , saith , that our bishops had their regalia , seu majora dominia episcoporum ac praelatorum , quae à regibus in feudum tenentur ; and the laws of our king henry the st . as our gervasius dorobernensis reporteth , do allow that archiepiscopi & episcopi habeant possessiones suas de domino rege , sicut baroniam , & inde respondent ministris & justitiae regis , & id etiam obtinuit ( saith du fresne ) in francia , ut regalia episcoporum & ecclesiarum baroniae dicerentur : and he citeth very antient authorities out of the french authors , records , and registers of their parliaments , mentioning an arrest or judgment thereupon given in the year . which was in the th . year of the raign of our king edward the first ; and that long before , viz. in the year of grace . which was in the th . year of the raign of our king henry the third , t 〈…〉 〈◊〉 bar●●ia ecclesiae lugdinensis , nam non modo propriè regali● , 〈◊〉 〈◊〉 barones servitiis omnibus feudalibus obnoxii erant , sed ●●iam in comitiis publicis seu parliamentis s●dere jus iis erat , cujus p apud nostros usus infinita praestant exempla apud tullium & alios , in angliam vero episcopos in parliamentis publicis eo nomine locum & sedem habere constat . and that barones eleemosynarii apud stanfordum , & in jure anglicano dicuntur archi-episcopi , episcopi , abbates , & priores , qui praedia sua ecclesiae à rège tenent per baroniam , baronias en●m suas ex eleemosynis regum perhibentur accepisse , licet ipsa praedia 〈…〉 rum saepè mun●ficentia consecuti fuerint , quomodo etiam apud nos regalia ecclesiarum censentur esse ex sola regia liberalitate iis olim concessa . and amongst our english bishopricks , besides those of oxford , bristol , and gloucester , which our king henry the fighth erected and endowed , the bishoprick of lincoln had many mannors and lands granted by or in the time of king henry the first not in eleemosinam , and that of durham by king richard the first , and great possessions afterwards gained and laid unto it by anthony beke a bishop of that see , in the raign of our king henry the third , or king edward the first . and quaestio agitata fuit ( saith that learned sieur du fresne ) an supremi palatii francici officiales possunt q parium franciae judiciis interesse , & cum iis consedere in judiciis in lite mota inter joannam comitissam flandriae , & johannem de nigello , wherein by an arrest of the parliament of paris in the year one thousand two hundred and twenty four , which was in the eighth year of the raign of our king henry the third , it was adjudged , that the cancellarius , buticularius , camerarius , constabularius , franciae , & marescalli hospitii domini regis debent ad usus & consu●●●dines observatas interesse cum paribus ad judicandum pares , ut quod ministeriales praedicti de hospitio domini regis debent interesse in curiâ domini regis cum paribus franciae ad judicandum pares , & tunc praedicti ministeriales judicaverant praedictam comitissam flandriae cum paribus franciae . wherein our ancestors , without any arrest or decree of parliament , did rather give than take the pattern , when their bishops , as chancellors of our kings , very often and in a continued series from the raign of king edward the confessor , who was not without his r reinbaldus regiae dignitatis , vice-c●ncellarius , when maurice bishop of london was chancellor to william the conqueror in the first year of his raign , and other bishops have in that high and great office severally from thence succeeded unto the th . of edward the first , and not a few of the other bishops have been treasurers and secretaries of state , and by that right alone , besides their spiritual rights , and temporal baronies , did sit as peers in that great assembly , together with the lord privy-seal , constable , marshal , and great chamberlain of england , lord steward , chamberlain of the houshold , with the dukes , marquesses , earls , viscounts , and barons of england , which do illustrate that greatest of our kings councels , attended with such of the judges , and other assistants , as their soveraigns shall be pleased to call or permit to sit therein . neither could those grand officers claim a right to be accounted by them or any others equal , or co-ordinate with them or their superiours , or to have any vote in the house of peers in parliament , by their sitting there , it being in the act of parliament made in the st . year of the raign of king henry the eighth , entituled , how. the lords in parliament shall be placed , wherein it being expressed , that it appertained to his prer●gative royal , to give such honor , reputation , and place to his c●uncellors and other his subjects , as shall be seeming to his excellent wisdome . it was specially mentioned , that the lord chancellor , lord treasurer , lord president of the king's councel , lord privy-seal , or chief secretary , that shall be under the degree of a baron of the parliament , are to give no assent or dissent in the parliament . and it is likewise remarkable , that in the title of that act of parliament , and all along and thorough the body thereof , the house of peers is only stiled the parliament , and no mention is therein at all made of the house of commons in parliament , nor any care or order taken for their degrees or sitting in parliament . neither do any of our parliament rolls , records , or authentick ancient historians mention , that our kings were in those their great councels limited , or accustomed to call all their barons thereunto . nor until the latter end of the raign of king richard the second , had voluntarily obliged themselves to summon thither the dukes , marquesses , earls , and viscounts , unto those their great councels . and when it hath been truly said , that omne majus continet in se minus , it will not be easy to believe , that the minus doth or should continere in se majus . for in anno edward the first , there were but sixty-three earls and barons summoned , and in the same year upon another summons , but . king edward the second did not summon all the earls and barons . in the e. . the s like . m. e. . r. . & r. . the like . king edward the d. in the th . year of his raign , summoned but five earls , and eleven barons . in the th e. . the t parliament writs of summons were directed but unto fourteen of the temporal barons , with a memorandum entred , that brevia istis magnatibus immediatè praescriptis directa essendi ad parliamentum praedictum remissa fuerint concilio regis pro eò quòd quidam ex eis in partibus scotiae & quidam ex eis in partibus transmarinis existant adnullanda . e. . there were summoned but of all sorts . e. . but a very few . e. . u but . e. . but thirteen earls and barons , and not many to diverse parliaments after , ( the great commune & generale concilium , rightly understood , being but synonyma's of the word parliament ) and of latter times they which were in the king's displeasure have had their summons , but with a letter from the lord chancellour or lord keeper commanded not to come , but to send a proxy . in anno e. . and diverse years in the raign of king henry the th . few earls and barons were summoned , for that many of them were then busied in the warrs of france . but in the parliament in the raign of king charles the martyr , john earl of bristol being denyed his writ , petitioned to the house of peers for it ; whereupon he had it without any intercession of the house of peers , but withal a letter from the lord keeper , signifying his majesties pleasure , that he should send his proxy , and forbear to come ; whereupon he petitioned the parliament again , shewing , that that letter could not discharge him from coming , for that the writ commanded him to come upon his allegiance ; but that point was not then debated , for the said earl was presently sent for as a delinquent , and charged with high treason , the majores barones being men of the best estate , extraction , and abilities , and better sort of the tenants in capite , by antient law and custome of the kingdom , being to be only summoned according to the very old custome of the romans , probably learnt from thence , w who , as sigonius writes , did in legen●o senatores make choise of them according to their birth , age , estate , and magistracy well exercised and performed . and could be no less then well warranted by a constant , well experimented , long approved and applauded usage thereof for more than fourteen hundred years , attested by the industrious labours of mr. william pryn and others ; and for the times before the conquest , and the learned collections of sir robert filmer , and others since the norman invasion , fortified by such records ( which in themselves are never found to lie ) as the teeth of devouring time hath left us , seconded by unquestionable , antient , authentick , classical authors , which might silence those disputes factious and foolish opinions and cavils , which in the latter part of this last unquiet century or age have been stirred up against that very antient and honourable assembly or house of peers , which all the former ages neither durst or did lift an hand or heel against , or so much as maligne or bark at : so greatly are our most degenerate , wickedly hypocritical , worser times altered from what they were or should be ; and the only recital of whose long and antient successions , through their so many several gradations , may abundantly satisfie any that are not before so prepossessed , as to resolve never to be satisfied with any thing that looks but like truth or reason , if they shall but read as they ought to do the ensuing series or catalogue : wherein they may find , that in the bud or blossom of christianity in this our british isle , whither with divers good authors we believe that king lucius , who is said to lie buried at winchester , did in the year , after the birth of our redeemer , or in the year , , or . write his letter to pope eleutherius to transmit unto him the roman laws , it is allowed by sir henry spelman to have been written rege & proceribus regni britanniae , and that faganus and dervianus two doctors being sent by eleutherius to king lucius baptized him , & cum regulis populum baptizant , clerum ordidinant , . metropolitanos & . episcopos instituunt . rex ambrosius aurelius ut memoriale procerum britanniae , quos hengistus saxonesque sui complices nefanda proditione in monte ambrosij ( qui nunc vulgò stohenge dicitur ) trucidaverant . consul ' & barones aeternum fieret praegrandes lapides , qui ibidem in borum memoriam usque in praesens positi sunt ab hybernia cum magna manu germano y suo uther illuc transmisso deportari fecit , qui c●●n allati fuissent congregati sunt in monte ambrosij edicto regis magnates eum clero & cum magno honore dictorum nobilium sepulturam prepararent . in the charter of king aethelbert confirming his grant of the land given to the church of st. pancrase in the year . it is z mentioned to have been done , consensu venerabilis augustini archiepiscopi ac principum suorum . et decreta judiciorum ordinavit juxta exempla romanorum concilio sapientum ; and when edwin king of northumberland was perswaded to be a christian , it is said , that he consulted cum principibus & conciliariis suis. anno dominicae incarnationis aethelbertus rex in fide roboratus catholica unà cum beata regina filioque ipsorumque eadbaldo ac reverendissimo praesule augustino caeterisque optimatibus terrae solemnitatem natalis domini celebravit cantuariae convocato igitur ibidem communi concilio tàm cleri quàm populi . in anno domini . a parliamentary councel was holden at hertford presentibus episcopis ac regibus & magnatibus universis , but not any knights , citizens , burgesses or commons , as we read of , saith mr. pryn. a great councel or parliament was held at becanfeld , where wythred king of kent was present . anno . in like manner , where none but the peers were present . the like anno . at worcester ; but without any commons . the like in the councel at cliff. anno . holden by ethelbaldus king of mercia , omnibus regni sui principibus & ducibus being present , but not one knight or burgess mentioned . the like in anno . at colchuth coram offa rege & suis magnatibus , & convenerunt omnes principes tàm ecclesiastici quàm seculares . anno domini . king offa held a councel at verulam , wherein the king suorum magnatum acquiescens concilio took a journey to rome . anno . after his return celebrated two councels , the one at colchyth , where were present nine kings , twenty-five bishops , twenty dukes , ( but no house of commons ) the other at verolam , congregato apud verolamium episcoporum & optimatum concilio . about the year . cynewolf king of west sex held a councel where he wrote to lullus bishop of mentz touching matters of religion unà cum episcopis suis nec non cum caterva satraparum . anno . kenulf king of mercia called to the councel at clovesha , omnes regni sui episcopos , duces & abbates , & cujuscunque dignitatis viros , where there was no mention of any commons . anno . at the councel of colechyth caenulf king of mercia was present cum suis principibus , ducibus & optimatibus ; but not a syllable of knights or burgesses present . about the year . in the councel of clovesh● , where beornulf king of mercia , wilfred archbishop , omniumque dignltatum optimates ecclesiasticarum & secularium were present , but no knights of counties or burgesses . anno . another councel was held by the same king at the same place assidentibus episcopis , abbatibus & principibus merciorum universis , but no commons for ought appears ; the king , archbishops , bishops and dukes subscribing their names to the decrees there made . about the same time a councel called pan-anglicum , or for all england was holden at london , praesentibus egberto rege west saxonum & withlasio rege merciorum , utroque archiepiscopo , caeterisque angliae magnatibus , who subscribed it . anno domini c . a concilium pan-anglicum was holden at kingston , where king egbert and his son ethelwolph were present cum episcopis & optimatibus , but not a word mentioned of the commons assent or dissent . anno . a councel was holden at beningdon praelatis & proceribus regni merciae under king bertulf , when lands were setled and confirmed by them to the abbey of crowland , without the assent or mention of any commons . anno domini . in a councel held at kingsbury , under king bertulf , praesentibus ceolnotho archiepiscopo doroberniae caeterisque regni merciae episcopis & magnatibus without knights or burgesses . anno . there was a councel or parliament of all england held at winchester , where ethelulf king of west-sex , beorred king of mercia , and edmond king of east-sex , were present , together with the arch-bishops of canterbury and york , caeterisque angliae episcopis & magnatibus , wherein king ethelwolf omnium praelatorum & principum suorum gratuito concilio ( without any knights or burgesses ) gave the tithes of all the lands and goods within his dominions ( a matter of no small concernment to all his subjects in their estates and proprieties ) to god and the church , which hath continued ever since in force through all england . betwixt the year . which was the beginning of king alureds raign , and the end of which was in anno christi domini . that excellent and prudent prince collected and corrected divers laws made by the saxon kings , his predecessors omitting others consulto sapientum & prudentissimorume suis consiliis usus edicit eorum observationem , which was probably so done in a great councel or councels , which were afterwards called parliaments , which in that so generally an unlearned age cannot be understood to be less than the magnates of the kingdom , bishops and barons . and the like is to be said of the prudentum concilium given to edoard who began his reign in anno . and ended it in anno , and as much is to be believed of the councel or parliament of king aethelstan , who began his raign in anno , and ended it in the year . who besides what is mentioned in the making of his laws , that he did it prudenti ulfheline archiepiscopi aliorumque episcoporum suorum concilio , did about the year of our lord , . by his charter give divers lands to the abby of malmesbury ; in one of which charters or grants there was a postscript or subscription in these words , sciant sapientes regionis nostrae non has prefatas terras me injustè rapuisse rapinas deo dedisse , sed sic eas accepi quemadmodum judicaverunt omnes optimates regni anglorum , to wit , in a full parliament , which then consisted only of the king and his nobility . anno domini . king edmond granted many large liberties and the mannor of glastonbury to the abby thereof cum concilio & consensu optimatum suorum ( made it seems saith mr. pryns in parliament , and a clear evidence that the nobles of that age were the kings great councel and parliament ) without any knights , citizens or burgesses , of which he found no mention in history or charters . anno . there was a parliament or councel holden at london , under king edred cùm universi magnates angliae per regium edictum summoniti tàm archiepiscopi episcopi & abbates quàm caeteri totius angliae proceres & optimates londini convenissent ad tractandum de negotiis publicis totius regni , in which parliament no knights , citizens or burgesses are said to have been present . anno , or . king edgar with his mother clito his successor , the king of scots , both the archbishops caeterisque episcopis & omnibus regni proceribus subscribed his charter granted to the abby of glastonbury communi episcoporum , abbatum , primorumque concilio generali assensu pontificum abbatum optimatum suorum & concilio omnium primatum suorum , without any commons present ( assistants and attendants only excepted . ) anno . king edgar and his queen , elferus prince of mercia , ethelinus duke of the east-angles , elfwold his kinsman , arch-bishop dunstan cum caeteris episcopis & abbatibus , bricknotho comite cum nobilitate totius regni held a councel at winchester without any commons . anno . in the councel of calne under king edward omnes anglorum optimates were present , together with the bishops and clergy , but no knights or burgesses for ought is recorded . anno christi . by king ethelreds edict , universi anglorum optimates at eanham acciti sunt convenire , not the commons . a parliament was summoned by king edward the confessor , concerning earl godwyn at gloucester , where totius regni proceres , etiam northumbriae comites tunc famosissimi , sywardus , leofricus , omnisque anglorum nobilitas convenêre . et anno . at london , rex & omnes regni magnates ad parliamentum apud london tunc fuerunt , mr. pryn declaring his opinion , that the former and ancient parliaments consisted of our kings and their spiritual and temporal lords , without any knights , citizens , or burgesses , summoned to assist or advise with them , or to assent unto what they enacted or ordained . in the th . year of his raign granted lands and liberties to saint peters church at westminster , cum concilio & decreto archiepiscoporum episcoporum comitum aliorumque suorum optimatum . and from the conquest until that forced something like but not to be accounted a parliament , in the th . year of the raign of king henry the third , divers learned good authors , summae & incorruptae fidei , no diminishing or additional record-makers , have assured and given posterity and after ages such an exact account of our parliaments , as will leave no ground or foundation e of truth or reason for any to believe , that an elected part of the commons were before that imprisonment of king henry the third , in the th . year of his raign , made or summoned to be a part of our english great councels or parliaments . the charter of william the conqueror to the abby of battel was made assensu lanfranci archiepiscopi cantuariensis , stigandi episcopi cicestrensis , & concilio etiam episcoporum & baronum suorum . and that great conqueror had in the th . year of his raign , concilium baronum suorum & confirmavit leges edwardi confessoris , posteaque decreta sua cum principibus constituit . in the th . or th . year of his raign episcopi , comites & barones regni regiâ potestate ad universalem synodum pro causis audiendis & tractandis convocati fuerunt . separated the courts temporal from the spiritual and ecclesiastical , communi concilio & concilio archiepiscoporum suorum & caeterorum episcoporum abbatum & omnium regni sui ; and in the register of winchelsey arch-bishop of canterbury , it is recorded , that rex angliae ( gulielmus conquestor ) in concilio archiepiscoporum abbatum & omnium procerum regni , did forbid the leges episcopales to be used in any hundred or other secular courts . and in the st . year of the raign of king edward the third , mr. selden saith , there is mention made of a great councel holden under the said king william , wherein all the bishops of the land , earls and barons , made an ordinance touching the exemption of the abby of bury , from the bishops of norwich . in that great and notable pleading for three dayes together at pynnendon in kent , in the raign of king william the conqueror , who ( as mr. selden repeats it out of the leiger book , or register of the church of rochester ) anglorum regnum armis conquisivit & suis ditionibus subiugavit , in the great controversy betwixt lanfranc arch-bishop of canterbury , and odo bishop of baieux and earl of kent , the conquerors half brother , for many great mannors , lands , and liberties of a great yearly value , which lanfranc claimed to appertain to his arch-bishoprick , of which that potent norman bishop and earl had injustly disseized him ; the king commanded the whole county without any delay to assemble together , as well french as english , and more especially such as were well skilled and learned in the ancient laws and customs of england , as gosfridus episcopus constantiensis , qui in loco regis fuit & justitiam illam tenuit , elnothus episcopus de rovercestria , aegelricus episcopus de cicestria , vir antiquissimus & legum terrae sapientissimus ( qui ex praecepto regis advectus suit ad ipsas antiquas legum consuetudines discutiendas & edocendas in una quadrigâ ) ricardus de tonebregge , hugo de monte forti , gulielmus de acres haymo vicecomes , & alij multi barones regis & ipsius archiepiscopi & aliorum episcoporum homines multi , whose decisions made by many witnesses , evidences , and reasons , being certified to the king laudavit laudans cum consensu omnium principum suorum confirmavit , & ut deinceps perseveraret firmitèr praecepit . upon a rebellion of rafe de guader a norman , made earl of norfolk by the conqueror , confederating with some discontented english , whilst he was absent in normandy , upon notice thereof given , hasted into england , where omnes ad curiam suam regni proceres convocavit legitimos heroes & in fide probatos . unto which may be added , that in the agreement betwixt king william h rufus , and robert duke of normandy his elder brother , touching his claim to the kingdom of england ( being of great concern to the people ) wherein the king assured to the duke all that he could claim from his father except england , it is said , pactum juramento confirmârunt duodecim principes nomine regis , and . barones nomine ducis . in the d . year of king william the second , there was a great i councel de cunctis regni principibus , and another which had all the peers of the kingdom . in the th . year of his raign was a great councel , or parliament so called , at rockingham castle in northamptonshire , episcopis abbatibus cunctisque regni principibus coeuntibus ; and a year or two after , the same king de statu regni acturus called thither by his command his bishops , abbots , and peers of the kingdom . anno . robert duke of normandy coming into england , k and seeking to be reconciled to his brother king henry the first , which could not at northampton be effected magnatibus regni ob hoc londonium edicto regis convocatis , the king by fair words and promises so frustrated the dukes designs , as omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent , dux in normanniam iratus perrexit , & rex ipsum secutus est usque in herchebrai castellum , trahens secum omnes ferè proceres normanniae & andegaviae , robur angliae & britanniae , ut ipsum debellaret . the emperour having sent ambassadors unto him , to request his daughter maud in marriage , tenuit itàque rex apud westmonasterium in pentecosten curiam suam , quâ nunquam tenuerat splendidiorem , wherein the marriage was concluded . anno domini . rex anglorum henricus fecit omnes suae potestatis l magnates ( as if there were no need of commons , which were then believed to be included in them ) fidelitatem jurare willielmo filio suo . at the coronation of which king , who had usurped his said elder brothers kingdom , and stood in fear of his better title , it was said , that all the people of the kingdom of england were present , but the laws ( and charter ) then made were per commune concilium baronum suorum confirmed ; and that charter was attested by mauritio londoniensi episcopo , willielmo wintoniensi electo , odoardo herefordiensi episcopo , henrico comite , simone comite , waltero gifford comite , robert de monti forti , rogero bigod & aliis multis ; et factae sunt tot chartae quot sunt comitatus in anglia , & rege jubente positae in abbatiis singulorum comitatuum ad monumentum . in the d. year of his raign , the peers of the kingdome were called , without any mention of the commons ; and orders were at another great councel made consensu comitum & baronum . florentius wigorniensis saith , that lagam edwardi regis reddidit cum illis emendationibus quibus eam pater suus emendavit concilio baronum suorum . after whose death king stephen m having usurped the crown of england , which did not at all belong unto him , and fought stoutly to keep it , concilium congregavit & de statu reipublicae cum proceribus suis tractare studuit . anno domini justitiâ de caelo prospiciente diligentiâ theobaldi archiepiscopi cantuar ' & aliorum episcoporum regni , king stephen having no issue facta est concordia betwixt him and henry duke of normandy , after king henry the second , who was by king stephen acknowledged in conventu episcoporum & allorum optimatum , wherein it was accorded , that duke henry , saith mathew paris , should succeed him in the kingdom , stephen only enjoying it for his life , if he should have no children , ex concessione ducis henrici , ità tamen confirmata est pax , quòd ipse rex & episcopi praesentes cum caeteris optimatibus regni ( no commons ) jurarent , quòd dux post mortem regis si ipsum superviveret , regnum fine contradictione aliqua obtineret . king n henry the second , in the th . year of his raign , held a great councel or parliament at clarendon ( where some of the customes and constitutions of the kingdom were recognized ) which was an assembly only of prelates and peers . anno . in a peace or league made betwixt him and philip king of france , it was agreed , that in any matters of difference o afterwards ariseing betwixt them , they should abide by the award of three bishops , and three barons to be elected on the king of france his part , and the like on the king of englands . anno gratiae . venit oxenford & in generali concilio ibidem celebrato constituit johannem filium p suum regem in hybernia concessione & confirmatione alexandri summi pontificis , & in eodem concilio venerunt ad regem resus filius gryphini regulus de south-wales , & david filius owini regulus de north-wales , qui sororem ejusdem regis angliae in uxorem duxerat , & cadwallanus regulus de delmain , & owanus de kavillian , & griffinus de bromfeld , & madacus filius gerverog , & alii multi de nobilioribus gualliae , & omnes devenêrunt homines regis angliae patris , & fidelitatem ei contra omnes homines , & pacem sibi & regno servandam juraverunt . in eodem concilio dedit dominus rex angliae praedicto reso filio griffini terram de merionith , & david filio owani terram de ellismore . deditque hugoni de lasci , ut supradictum est , in hybernia totam midam cum-pertinentiis , pro servitio centum militum de ipso & johanne filio suo , & chartam suam ei inde fecit . and being to return an answer to the popes letter , inviting him to take upon him the croysado , q and succour the holy land , assembled a parliament at london , ubi dominus rex & patriarcha ( jerusalem ) episcopi , abbates , comites & barones angliae ( but no knights , citizens or burgesses thereof saith mr. pryn ) willielmus rex scotiae & david frater ejus cum comitibus & baronibus terrae suae convenerunt . anno domini . r ( without leave of parliament or people ) fecit jurare fidelitatem henrico filio suo de haereditate suâ , & inter omnes magnates regni thomas cancellarius primus fidelitatem juravit , salvâ fide regi patri , quamdiù viveret & regno praeesse vellet . in the d . year of his raign held a great councel at nottingham by archbishops , bishops , earls and barons . at windsor communi concilio , with bishops , earls and barons . and the like afterwards at northampton . king richard the st . held shortly after his coronation , upon the invitation of the king of france and his undertaking to do the like , a great councel or parliament , cum comitibus & baronibus suis s qui crucem susceperant in generali concilio constituti apud londonias , taking their oaths for the recovery of the holy land , hasting thither and passing into normandy elianor regina mater richardi regis , with whom he had left the care of the kingdom , and alays soror phillippi regis franciae , baldwin archbishop of canterbury , the bishops of norwich , durham , winchester , ely , salisbury , chester , geffry the kings brother elected archbishop of york , and john earl of morton the kings brother , shortly after transfretârunt de anglia in normanniam per mandatum domini regis , & habito cum illis concilio dominus rex statuit willielmum episcopum eliensem cancellarium suum justitiarium angliae . granted to hugh bishop of durham , justitiam à fluvio humbri usque ad terram regis scotiae , made his brothers john earl of morton and geffry elect archbishop of york , to swear tactis sacrosanctis evangeliis , that they would not come into england within three years then ensuing , nisi per licentiam illius , but suddenly after released his brother john of his oath , and gave him leave to return into england , taking his oath quòd fidelitèr ei serviret . in crastino exaltationis sanct● crucis apud t pipewel archiepiscoporum , episcoporum , & aliorum magnatum suorum fretus concilio benignè concessit galfrido fratri suo archiepiscopatum eborum ; & circa dies istos iturus ad terram sanctam per concilium magnatum suorum gerardum archiepiscopum auxisnem , richardum de canvill &c. justiciarios constituit super totum navigium angliae , normanniae , britanniae & pictaviae . et tradidit illis chartam suam in hac forma : richardus dei gratia rex anglorum omnibus hominibus suis per mare ad terram sanctam ituris salitem ; sciatis nos de proborum concilio virorum has justitias statuisse , being certain severe sea laws , & illas consuetudines ab omnibus observandas , & quòd singuli justitiariis obedirent , fecit sacramento confirmari . eodem tempore in the kings absence ad instanciam comitis johannis fratris ipsius regis convenerunt apud pontem de leodune inter radingum & windeleshores ad colloquium magnates angliae de magnis & arduis regis & regni negotiis tractatur ' , in crastino autem tàm archiepiscopus rothomagensis quàm eboracensis & episcopi omnes apud radingum convenerunt & colloquio interessent . the bishop of roan being sent thither by the king to take and give him an account thereof . anno domini . rex anglorum richardus ad natale domini fuit in normanniam apud burum , & ibi tenuit solenne festum cum primatibus terrae illius , & post natale habitum est colloquium betwixt the kings of france and england , where the expedition was agreed upon , and a peace made and sworn betwixt the two kingdoms , and the comites & barones utriusque regni ( none of the commons ) did swear , that they would remain faithful to both the kings , and make no warr until fourty dayes after their return , and the archbishops and bishops utriusque regni juraverunt to denounce sentence of excommunication against the transgressors . in which warrs in the east for recovery of the holy land , after many glorious victories obtained against the infidels , king richard , ( being shipwrackt u and with a small company escaping cast upon the territories of the envious duke of austria his incensed aemulator , for that he had caused his standard , which he had set up before his at the taking of the town of joppa , to be taken downe , and thrown into a jakes ) was discovered , w way-laid , taken , and delivered or sold to the emperour of germany for l . of silver ad pondus coloniensium . and the emperour ( to whom his brother john , who had in his absence endeavoured to usurp his kingdomes , and with the king of france his confederate x offered great summs of money , whereof the latter would have paid marks of silver and the former , to have him detained prisoner ) detesting their practises , and shewing to king richard their letters , after much respects and kindness to such a magnanimous prisoner , agreed to take for his ransom thousand marks of the same kind of money , which he paid to the duke of austria , without any thing to be paid for the expenses of himself or any other ; but an oath was first taken by the bishops , dukes , and barons , that as soon as the money should be paid , continuò liber proprium regrederetur ad regnum , which being together with the emperours letter published in england by the bishop of ely his chancellor , suddenly after exiit edictum à justiciariis regis , ut omnes episcopi , clerici , comites , barones , abbatiae & prioratus quartam partem redituum suorum ad redemptionem regis conferrent , & insuper ad illud pietatis opus calices aureos & argenteos sustulerunt . and upon his delivery by the archbishops of mentz and cologne y into the hands of queen elianor his mother , on the behalf of the emperour gave sureties or pledges , until all the money should be paid walter archbishop of roan , savarick bishop of bath , baldwin de wac & alios multos filios comitum & baronum suorum de pace servanda imperatori & imperio suo & omni terrae suae dominationis . the bishop of norwich z dimidium pretij de calicibus sumpsit , & de rebus habitis regi donavit , and the cistertian monks being alwayes before by priviledge freed from any contributions , bona sua universa ad regis redemptionem dederunt . anno gratiae a . king richard being dead rex francorum philippus & rex anglorum johannes inter wailan & butavius castella ad colloquium convenerunt , ubi convenit inter eosdem reges cum concilio principum utriusque regni , quòd ludovicus filius regis francorum & haeres duceret in uxorem filiam aldefonsi regis castellae & neptem regis johannis , & rex anglorum pro hoc matrimonio contrahendo daret ludovico cum nepte sua nomine blanca in maritagio civitatem ebroicarum cum toto comitatu , & insuper marcarum argenti . rex johannes post completa negotia in partibus transmarinis transfretavit in angliam , veniens autem londonias apud westmonasterium , huberto archiepiscopo cantuariensi & magnatibus regni praesentibus , gaufridus archiepiscopus eborqcensis cum rege pacificatus est , quo tempore rex johannes significavit willielmo regi scotorum ut veniret ad eum ad lincolniam , ut ibidem de jure suo sibi satisfaceret in crastino sancti eadmundi . ubi convenerunt rex anglorum johannes & rex scotorum willielmus cum universa nobilitate tàm cleri quàm populi utriusque regni , whence he directed his writ to the barons , and those which did hold of him in capite , to come unto him with horse and armes to northampton , die domini●â proximè ante pentecosten , in formâ sequente . rex &c. henrico b &c. mandamus tibi quòd in fide quam nobis debes , ficut nos & corpus & honorem nostrum diligis , omni occasione & dilatione postpositis , sis ad nos apud northampton die dominica proximè ante pentecosten , paratus equis & armis & aliis necessariis ad movendum cum corpore nostro & standum nobiscum ad minus per duas quadragesimas , ità quòd infra terminum illum à nobis non recedas ut tibi in perpetuum in grates seire debeamus t. &c. and in the same year summoned the peers ( but no commons ) to a great councel or parliament ( not for military aid ) in c these words , rex , &c. episcopo sarum mandamus vobis rogantes , quatenus omni occasione & dilatione postposit ' sicut nos & honorem nostrum diligitis , sitis ad nos apud london die dominicâ prox ' ante ascencionem domini , nobiscum tractatur ' de magnis & arduis negotiis nostris & communi regni utilitate , quia super biis quae a rege franciae per nuntios nostros & fuos mandata sunt , unde per dei gratiam bonum speramus proveniri vestrum expedit habere concilium & aliorum magnat ' terrae nostrae , quos ad diem illum & locum fecimus convocari , vos etiam ex parte nostra & vestra abbates & priores conventuales totius diocesis vestrae citari faciatis , ut concilio praedicto nobiscum interfitis , sicut diligant nos & communem regni utilitatem . teste , &c. and shortly after celebrating apud portesmue solemnitatem festi pentecostes , rex cum reginâ in normanniam transfretârunt , exinde veniunt ad colloquium reges anglorum & francorum prope insulam andelard & pacificè convenit inter eos , & barones de regno francorum were fidejussores pro rege suo , and undertook the guarranty to compel him , if he should violate that peace , et eodem modo factum est in parte regis anglorum . et eodem anno rex fecit generalitèr acclamari , ut legalis assisa panis inviolabilitèr sub poenâ collistrigiali observaretur , quae probata fuit per pistorem gaufridi filii petri justitiarii angliae , & pistorem r. de thurnam , ità quòd pistores sic poterint vendere . king john being dead , d and leaving his son henry very young , willielmus marescallus comes pembrochiae , without the consent of the commons , or knights , citizens , and burgesses elected , was ordained regis & regni tutor . obiit willielmus e mariscallus regis & regni rector , post cujus mortem petrus wintoniensis fuit ( without the consent of the commons ) custos regis . in anno domini . upon a rebellion of fulke de brent and others , convenerunt magnates angliae ad regem apud westmonasterium ut de negotiis regni tractarent , no knights , citizens , or burgesses mentioned . . or . henry the third , convenerunt magnates regis ( no commons ) apud westmonasterium ut de negotiis regni tractarent . anno g domini . apud londonias rex venit ( without the commons ) cum baronibus ad colloquium . anno domini . convenerunt ad colloquium apud northampton rex cum archiepiscopis , episcopis , comitibus , baronibus & aliis de regni negotiis tractaturi ( no knights , citizens , or burgesses elected there present ) voluit item rex uti concilio magnatum suorum de terris transmarinis quas rex francorum paulatim occupaverat , but was hindered by other accidents . eodem anno rex henricus ad natale tenuit curiam suam apud oxoniam , & postmodum in octabis epiphaniae apud londonias veniens cum baronibus ad colloquium , requisitus est ab archiepiscopo cantuariensi & magnatibus aliis ( no commons , although greatly concerned in their estates and liberties ) ut libertates & liberas consuetudines pro quibus guerra mota fuit contra patrem suum confirmaret . which the king yielding unto , habito concilio misit literas suas ad singulos vicecomites rogni ut per milites vel legales homines utriusque comitatûs per sacramentum facerent inquiri ( no writ to elect members of an house of commons in parliament ) quae fuerunt libertates in angliae tempore regis henrici avi sui & factam inquisitionem ad londonias mitterent ad regem in quindecim diebus post pascha ( which , saith sir henry spelman , was never found or returned ) eodem anno murmuratio non modica fuit à magnatibus angliae , contra hubertum de burgo justiciarium , & rex henricus curiam suam apud northampton tenuit , when the arch-bishop of canterbury , cum suffraganeis suis & militia magna nimis being present , and with great solemnity pronouncing excommunication against the disturbers of the king , the church , and kingdom , undè ( barones ) saluberrimo concilio usi venerunt apud northampton ad regem universi , surrendred unto him the castles and lands which they had obtained or gained from the crown . anno domini . which was anno henry the third rex henricus ad natale domini tenuit curiam suam apud westmonasterium praesentibus clero & populo cum magnatibus regionis solemnitate completâ , hubert de burgo , domini regis justitiarius , ex parte regis proposuit coram archiepiscopis , episcopis , comitibus , baronibus , & aliis universis damna & injurias quae regi illata fuerant in partibus transmarinis , ex quibus non solum rex , sed & comites multi & barones sunt exhaeredati cum ipso , petiit ab omnibus concilium & auxilium , and demanded a fifteenth of all the moveables in england , tàm ecclesiasticorum quàm laicorum , unto which archiespicopus & tota concio episcoporum , comitum , abbatum , & baronum , habitâ deliberatione regi dedêre responsum , quod gratantèr adquiescerent si illis diu petitas libertates , without any elected for the commons , concedere voluisset , annuit itaque rex cupiditate ductus quod petebant magnates . eodem anno i convenerunt apud westmonasterium ad colloquium rex anglorum cum magnatibus ( no commons mentioned ) where the king jussit sententialiter diffinire quid de proditore suo falcasio foret agendum ; whereupon proceres concenserunt cum rege , that he should abjure the kingdom , quo facto precepit rex will ' comiti warrenno to see it done . anno domini . venit interea terminus concilii apud westmonasterium praefixus , ubi rex cum clero & magnatibus regni ( none summoned or elected for the commons ) comparere debuerat ut domini papae mandatum audiret . whereupon the legat pressing the english prelates and clergy in parliament very hard for a tenth upon their spiritual livings , they answered , that ista quae nobis proponitis regnum sententialiter tangunt & generaliter omnes ecclesiarum patronos ( which might have required the assent of an house of commons ; yet were not then either summoned or elected ) tangunt episcopos & omnes suffraganeos , nec non innumeres angliae praelatos . cumque ergo rex propter infirmitatem & archiepiscopi nonnulli & episcopi & alij ecclesiarum praelati sunt absentes & in eorum absentiam ( papae ) respondere non possunt nec debeant ; quia si id facere presumerent in prejudidicum omnium absentium praelatorum fieret . et hiis dictis venit johannes mariscallus & alij nuntij regis ad omnes praelatos qui de rege baronias tenent in capite destinatis , districtè mandantes ne laicum feudum sacrae romanae ecclesiae obligârent , unde a servitio sibi debito personaliter , haec omnia cum magister otto intellexisset statum hiis qui alterum diem ibi in media quadragesimae dum ipse procureret regis adventum & absentiam praelatorum , ut tunc negotium sortiretur effectum , sed illud absque regis & aliorum qui absentes erant assensu praefixum diem admittere . ita singuli ad propria sunt reversi . rex convocatis seorsim praelatis & quibusdam magnatibus ( no commons mentioned ) dedit responsum nuntiis imperatoris circa electionem richardi comitis cornubiae regis fratris in regem romanorum . rex anglorum ardenti desiderio sitiens ad partes transmarinas hostiliter transfretare convocavit conciliariis suis fecit recitari literas a domino papa transmissas quaerens , not to disturb the king of france whilst he was in the wars at jerusalem , ab eis concilium placuit . itaque praelatis & magnatibus universis ( no commons at that council ) ut differetur negotium . anno henry the third , . apud oxoniam concilio congregato denunciavit coram omnibus se legitimae esse aetatis & de caetero solutus a custodia regni negotia & se principaliter ordinaret . anno domini . which was in . henry the third , rex anglorum henricus ad natale domini curiam suam tenuit apud oxoniam l praesentibus magnatibus regni , no commons thither sent or elected . eodem anno rex anglorum henricus congregavit apud portesmue totam nobilitatem regni angliae comites , viz. barones & milites cum tanta equitum & peditum turba quantam nullus antecessorum suorum aliquo creditur tempore congregasse . anno domini which was . henry the third , convenerunt nonas martij ad colloquium apud westmonasterium ad vocationem regis magnates angliae tàm laici quàm praelati ( no commons sent or elected ) of whom the king requiring aid for his wars and payment of his debts , comes cestriae ranulphus pro m magnatibus loquens respondit quòd comites , barones , & milites qui de eo tenebant in capite , having personally attended him , were many of them gone home , and could give him no aid ; and the bishops pretending the absence of divers of the bishops and abbots , petiêrunt inducias until they all might meet together , praefixus est itaque dies à quindecim diebus post pascha . anno . which was . henry the third , congregati sunt magnates angliae ( no commons ) londini ad colloquium negotiis regni tractaturi . anno . henry the third , tenuit curiam suam ad natale apud wintoniam & misit per omnes fines angliae scripta regalia ( his writs of summons ) praecipiens omnibus ad regnum angliae spectantibus . viz. archiepiscopis , episcopis , abbatibus & prioribus installatis , comitibus & baronibus , ut omnes sine omissione in octavis epiphaniae londoniis convenirent regia negotia tractaturi totum regnum contingentia , quod audientes magnates ( no commons ) regis praeceptis c●n●inuò paruerunt . anno . henry the third , rex recedens a londoniis venit mortonam ut ibi revocati magnates ( only ) audito recenti imperatoris mandato una cum rege de regni negotiis contractarent , diebus etiam eisdem rex henricus tertius pro salute animarum & emendatione regni sui spiritu ductus justitiae & praelatis quasdam leges novas constituit & constitutas per regnum suum inviolabiliter jussit observari . et eodem anno convenerunt magnates londini die statuto multis equîs & armis communiti , ut si rex circumventus per lenitatem recalatraret cogeretur . eodem anno in colloquio ( ad quod ex lo●ginqùo nobiles convocaverat ) he prayed an aid . eodem anno scripsit omnibus magnatibus suis , ( no commons ) ut coram eo & domino legato papae in festo exaltationis sanctae crucis apud eboracum convenirent , de arduis regnum contingentibus tractaturi . anno . henry the third , convenerunt apud radingum omnes archi●piscopi , episcopi & majores , abbates & quidam magnates regni papale mandatum à domino legato explicandum audituri . anno . henry the third , archiepiscopus eboracensis custos regni existens & omnes episcopi angliae abbates & priores per se vel per procuratores suos , nec non & omnes comites , & ferè omnes barones angliae ad mandatum domini regis convenerunt apud westmonasterium . eodem anno rex p anglorum omnibus suis angliae magnatibus , archiepiscopis , episcopis , abbatibus , prioribus , comitibus & baronibus , districtè praecipiens ut omnes generalitèr londinum convenirent die martis prox ante festum purificationis beatae mariae virginis de negotiis regni dilationem non capientibus cum summa deliberatione tractaturi , imminente vero die totius angliae nobilitas tàm praelatorum quàm comitum & baronum secundum regium praeceptum est londini congregata , atque regi auxilium pecuniare petenti restiterent magnates ( no commons ) &c. archiepiscopus eboracensis & omnes episcopi angliae abbates & priores per se vel per procuratores suos , nec non & omnes comites & ferè omnes barones angliae ( no commons ) in scriptis dederunt responsionem . . henry the third , convenerunt regia submonitione londinum magnates totius regni , archiepiscopi , episcopi , abbates , priores , comites & barones tunc ( to answer to the kings demands ) & de communi assensu electi fuerunt ex parte cleri cantuariensis , wintoniensis , lincolniensis , & wigorniensis , episcopi ex parte laicorum ( which were not to be believed to be any more present , than the universitas or whole body of the clergy ) richardus comes frater domini regis , comes bigot , comes legr ' simon de monte forti , & comes mariscallus w'ex parte verò baronum richardus de muntfichet , johannes de bailioil , & de sancto edmundo , & de rameseia abbates . convenêrunt autem iterum ( for it appears they had been prorogued ) magnates cum praelatis generaliter londini ( no commons at all mentioned . ) ▪ upon the emperor fredericks being excommunicated , and deprived by the pope , notified to the kings of england r and france , who fearing the example , had sent their embassadors to rome , in the th . year of the raign of king henry the third , expectantibus universitatis anglicanae procuratoribus viz. comes richardus bigod cum suis consortibus placabile domini papae responsum . anno . s henry the third , rex missis literis suis totius regni magnates convocavit londini de statu regni generalitèr tractaturos . where the pope intercedes for the pardon of fulke de brent , and the king denied it , because the judgment against him was given in parliament , ab enim omni clero & populo regni , per judicium curiae suae ab angliâ fuerat in exilium pulsus , & licet regni cura specialiter ad ipsum spectare videretur , debet legis quidem & bonas regni consuetudines observare , although mat ' paris himself had said , that rex did sententialitèr diffinire , and the proceres and magnates consenserunt cum rege , that he should abjure the kingdom and be banished ( the king's court being then the parliament without commons . ) anno . henry the third , rex cum magnatibus tractatum habuit diligentem per plures concilium urgens dies . medio quadragesimae edicto regio convocata convenit ad parliamentum generalissimum anglicani totius nobilitatis londini videlicet prelatorum tàm abbatum , priorum , quàm episcoporum , comitum quoque & baronum , ut de statu regni jam vacillantis efficacitèr prout exegit urgens necessitas contrectarent . upon further troubles and concernments of the kingdom convenêrunt ad parliamentum memoratum totius regni magnates , ( no commons ) imprimis aggressus est dominus rex ore proprio episcopos per se , postea verò comites & barones , deinde abbates & priores . afterwards in the same year habitum est magnum concilium inter regem & regni magnates apud wintoniam super multiplici regni totius & maximè totius ecclesiae desolatione , wherein , upon the hopeless account given by william de powic , and henry de la mare , two of the procurators sent to rome , of the popes obstinacy to continue his pilling and polling of the kingdom : it is said , haec autem cùm audisset dominus rex cum magnatibus suis ( not the commons ) commotus est vehementèr & meritò , praecepitque voce praeconis in omnibus comitatibus per omnes villas loca & congregationes , that no man should pay any of the popes exactions . and in the . henry the third , rex cum magnatibus tractatum habuit diligentem & per plures concilium urgens dies protelavit . per idem tempus dominus rex comperiens regnum suum enormitèr periclitari jussit omnem totius regni nobilitatem convocari , ut de statu ipsius manifestè periclitantis oxoniis diligentèr contrectarent , praelatis autem maximè ad hoc parliamentum vocavit arctius . . henry the third , at the quindena of st. john baptist covenit londinum tot●●s angliae nobilitas venientibus in unum omn●b●s regni primatibus in a great expectation of the king 's redressing of grievances . anno . henry the third , rex congregavit omnes regni nobiles , ut ●●rum consensum flecteret ad auxilium dandum , sent his letters by symon pasleu to the sheriffs of every county , to collect what they could of them . an●o . henry the third , calendarum martij habitum est parliamentum magnum londini , sicut fu rat praelocutum & praefixum , where henricus de bathonia justiciarius regis being greatly accused by the commons ( not any commons elected to come in parliament ) was afterwards , for a fine or great sum of money , pardoned by the king , when he was hugely incensed against him , yet there was enough to manifest that there were none of the commons . eodem anno instante paschali solennitate fecit dominus rex convocari londini omnes magnates angliae cruce signatos , ut infra quindenam paschae ibidem convenerent , & super n●gotio terrae sanctae eujus honor enormiter vacillare videbatur diligentèr contrectarent . adhuc autem non terminato parliemento , where the king was said to be inexorabilis factus omni petenti saltem breves inducias debitoribus suis non concessit & graviter comes ( l●griae ) in cu●ia regis accusatus , and when the king magnâ irâ had commanded richard earl of cornewall his brother , to deliver up his patent or commission of the covernment of gasco●gne , which the earl refused , and charged the citizens of bourdeaux to apprehend him , which they denyed ; it is said , that noluit autem rex hoc praecipere magnatibus angliae , certus quòd hoc nullatenùs facerent siue maximâ consideratione . rex igitur nè viderentur quidam magnates qui jam illuc advenerant inanitèr suisse convocati districtè tractatum suscitavit . soli to igitur cum regis , cleri , & magnatum indignatione , &c. convocatis denuò dommus rex , optimatibus suis , &c. anno . henry the third , in quindena paschae tota edicto regio convocata angliae nobilitas ( no commons ) convenit londini de arduis regni negotiis simul cum rege tractaturi , extiterunt igitur ibidem cum comitibus & baronibus quamplurimis , archiepiscopus cantuariensis bonifacius episcopi angliae fere omnes . where when the king pressing for aid and supplies , could not , upon the bishops unwillingness , forbear to remember them , how he had in particular advanced many of them beyond their deserts ; they had no better answer to return him , than domine rex , non facimus de praeteritis mentionem , sed sermonem extendimus ad sutura , after many long debates a tenth was granted by the clergy towards the wars of the holy-land , per visum magnatum ( not of the commons ) cum iter ad hierusalem arriperet , & à militibus scutigeris illo anno ad scutum tres marcae , was perswaded by fear , or the desire of the money , by no order or ordinance of parliament , ( to which not any of the commons , though greatly concerned therein , were parties ) to give his consent , and walk with many of the nobility and bishops through westminster-hall in that direful procession , with burning torches , pronouncing curses , and wishing damnation , and the fiery torments of hell upon the infringers of the charters of their and the peoples liberties . . henry the third , t convenissent universi ferè angliae magnates , viz. comes mareschallus , r. bigod , gilbertusque de segrave , speciales domini regis nuntij ad parliamentum venientes ex parte ejus propositum suum praecordiale universitati angliae fortè seducti nuntiantes , aderant autem illuc comes richardus frater domini regis comes cornubiae , comes wintoniensis cum domind regina ( no commons ) & omnes episcopi angliae ( exceptis duntaxat cantuariensis & eboracensis archiepiscopis & dunelmensi & bathoniensi episcopis qui cum rege in gasconia fuerunt ) where after the necessities of the king shewed , and the danger of hostilities from the king of castile , respondit universitas , they did not believe there could be any such danger , & sic igitur solutum fuit concilium cassum & inane . eodem anno u congregati sunt iterum angliae magnates quibus significabat rex , quòd pecunia indigebat & viribus amplioribus ad repellendum violentiam magni hostis supervenientis , but they alleadging former great taxes denyed it . anno . henry the third , edicto regio convocata convenit magnatum numerosa multitudo , anno vero sub eodem ad sestum sancti edwardi fuerunt apud westmonasterium omnes ferè angliae magnates , ubi rex petebat auxilium pecuniare . anno . henry the third , veniunt londini ad dominum regem qui multos sibi cum comite richardo ibi magnates congregârat quidam de primatibus alemanniae , concerning the election of the said earl richard to be king of almaine . eodem anno in media quadragesima factum est magnum parliamentum , where the controversy betwixt the bishop of lincoln , and the university of oxford was debated , & extitit ibidem tota ferè angliae nobilitas , but no commons . ) . henry the third , rex militiam anglorum edicto regio convocavit venire cum equis & armis contra wallenses . et post diem martis , quae vulgaritèr hokeday appellatur , sactum est parliamemtum , londini rex namque multis & arduis negotiis sollicitabatur , where divers altercations passing betwixt the king and the parliament , it is said , doluit igitur nobilitas regni in crastino & diebus sequentibus habuerunt diligentem tractatum dominus rex & magnates , diebus quoque sub eisdem constantèr & praecisè respondêrunt uno quasi ore magnates regni in parliamento regi cùm urgentèr ab eis ( the commons or any of them certainly , not personally being present ) auxilium postulasset , quod nec voluerunt nec potuerunt . duravit adhuc parliamenti praelibati altercatio inter regem & regni magnates usque diem dominicam proximam post ascensionem , & dilatum est parliamentum usque in festum sancti barnabae apud oxoniam , interim optimates angliae utpote gloverniae legrecestriae herefordiae , comes marescallus & alii praeclari viri ( no commons ) confoederati sunt . et prolabentibus diebus ante parliamentum oxoniale missi sunt solennes nuntii , videlicet de electis comitibus & baronibus ( none of the prel 〈…〉 ) in franciam ad regem franciae , desiring him to give them aid , and not disturb them in their designs for peace . ad diem indictum oxoniae magnates & nobiles terrae ad parliamentum properabant , preceperuntque omnibus qui eisdem servitium debuerant , ( which could not be a small number ) quatenùs cum ipsis venirent parati veluti ad corpora sua contrà hostiles insultus defensuri quod fecerunt , caused the sea-ports , and their confederate the city of london's gates to be guarded by their own party , where the magnates ( not the common people ) demanded justice , and a confirmation to be made by the king of king john's , and his own charters , jurantes fide mediante & mutùo dextras exhibentes , qùod non omitterent propositum persequi pro pecuniae vel terrarum amissione vel etiam pro vita & morte sua vel suorum . recalcitrantibus edwardus principe johanne comiti warrennae willielmo de valentia cum aliis , and when henry the. son of richard king of alemaine , began to joyn with them in the refusal he was told , quòd etiamsi pater fuus adquiesceret baronagio ( no yeomanry or any other under their degree of barons ) nollet nec unum sulcum terrae in anglia obtineret . the king and his son edward , after all the barons had sworn unto them , were at length compelled to swear to perform and observe all such ordinances and provisions , as the rebellious barons had there made , who did shortly after send messengers , ex parte universitatis regni , to the city of london , whom they understood to be in themselves comprehended , ( for the londoners were those that were sent unto , not the barons , who did send unto them ) qui convocaverunt totius civitatis cives ( then no inconsiderable part of the english nation , either as to number , riches , or faction ) quos barones vocant ( no peers of parliament , for they were as was then believed another kind of barons ) & in aula quae gildehall appellatur , u demanded of them si statutis baronum vellent fidelitèr obtemperare , and joyn in the resistance of those which should infringe them ; to which they thankfully gave their consent , et confecerunt super hoc eis chartam suam de communi sigillo civitatis consignatam ; veruntamen non adhuc quae statuta fuerant proposuerant publicare circa idem tempus convocati fuerunt praelati universalitèr ut oxonioe convenientes nè penitùs cadat , statum reformarent convenêrunt quatuor episcopi ad hoc specialitèr deputati , qui convocaverunt exemptos omnes abbates & alios alterius ordinis vel eorum idoneos procuratores ( no laicks or vulgus ) scire volentes , si eorum statutis vellent acquiescere & eorum defensioni & sustentationi unanimitèr adhaerere , sed quia quidam excusatione absentes , quidam in assensu dubitantes , nullum tunc potuerunt dare responsum recesserunt omnes imperfectum relinquentes iudicium . which manifestly evidenceth , that at the parliament at oxford , the citizens of london had no burgesses then and there representing in parliament for them , and there appeareth no consent there given or demanded by or from any other county , city , or borough , in that parliament , or given by them , or any of them , to the said provisions made at the aforesaid parliament at oxford . and the universitas regni at oxford there assembled , can receive no other proper or genuine interpretation , that they were those that were assembled at oxford , ( no elected men of or for an house of commons in the parliament at oxford , not at all there meant or intended by the party or provisions made at oxford for the aforesaid conservatorships , of which the commons of england were never agreed to be any part or parcel ) but only for such as were assembled at oxford , which were none other than the magnates and optimates regni , with their milites and numerous attendants , some whereof were especially named , as the earls of glocester and leicester , lord high steward of england , earl of hereford , constable of england , the earl marshal of england , & alii praeclari viri , their confederates , with letters and statutes sent as aforesaid , from the barons at oxford , to the citizens of london , brought an imperfect return , for that some of the citizens of london were then absent , and the other were not resolved what to answer or assent unto ; so as the messenger sent to london from the barons at oxford , returned imperfectum relinquentes judicium . destinantur postea nuntij solennes ad dominum papam w ex parte regni & totius universitatis , qui nuntia sua domino papae plenariè intimarent , & quàm citius possent non expectantes aliquam disputationem vel disceptationem remearent . anno verò sub eodem philip ' lovel , treasurer of the king , capitales justitiarij & quam plures de scaccario were removed from their places , and others put therein judicio baronagij . . henry the third , fuit rex ad natale domini londini , ubi magna solieitudine tractatum est inter nobiles regni , quomodo conservato suo salubri proposito satisfacerent desiderio regis richardi de alemannia . the king journeying towards the sea to meet his brother the king of almaine . who was reported to have raised forces beyond the seas to succour him , and who the baronage feared would come and alter what they had done , nuntii solenmes ( wherein certainly according to their usual phrase they intended themselves , not the common people ) a communitate regni angliae destinati , brought an answer from him , si nobiles x angliae ( which he certainly understood not to be the common people , nor that they that sent them were the common people , or that the nobility were intended to be a part of them , but rather that their wills and actions were wholly submitted to the peerage ) reformare voluissent regnum deformatum me deberent primùm accersire . in crastino post ejus adventum in angliam intraverunt magnates capitulum cantuariense ( so great a power had they then over their tenants and the common people ) ducentesque reverenter reges angliae & alemanniae , the earl of gloucester stans in medio , called out the king of almaine by the name of the earl of cornewall , to take the oath for a general reformation of the kingdom . eodem anno being . henry the third , congregati sunt nobiles angliae londini prout inter se prius condixerant , whither came quidam de secreto regis francorum concilio decanus bituricensis , ubi non modicè tractatum fuit de negotio inter duos reges franciae & angliae & quid in partibus transmarinis actum fuerit & exinde probatum . after which a monk of st. albans ex parte regis , reginae , & magnatibus angliae , finding the king , queen & magnatibus scotiae in their parliament , and informing them of the cause of his coming ex parte regis , reginae & baronum angliae , requested that the king and queen would not fail to come into england , to treat of matters of great concernment and secrecy , with much difficulty obtained letters patents from the king , queen , and nobility of scotland , communitèr sigillatas tàm sigillo regis quàm omnium magnatum scotiae ad regem angliae & totam communitatem , wherein they granted their request , dummodo se facerent rex angliae & magnates ( which explains the extent and true meaning of the preceding words , tota communitas angliae ) de scripto suo sibi prius promisso securos , and returned by him domino regi angliae & reginae & magnatibus terrae literas commendatorias , and did shortly after send the earl of bochan , and other honourable commissioners to treat with the king of england & ejus concilio , who at their coming , speaking with the said monk , nullam in publico super expeditione negotij erga regem & regni communitatem ( which may in this place well be understood to intend the baronage ) reliquerunt redeuntes certificationem . eodem anno ex concilio domini regis franciae , angliae & totius baronagij , the earls of clare and leicester , john mansell , peter de sabaudia , and robert wallerand were sent ad parliamentum magnum regis francorum pro pluribus negotiis regna franciae & angliae contingentibus , carrying with them a charter or resignation from their king to the king of france , and letters of credence , to compose with that king and his councell super negotiis ( without the commons or their consents ) inter eosdem reges & eorum regna diu agitatis ; but for that the countess of leicester refused to resign that part , which she held or claimed in normandy , infecto negotio cachinnantibus francis redierunt . in the mean time the almaines , perceiving how little their king elected was respected in england , returned home , saying , ex quo compatriotae sui ipsum non venerantur , nos ipsum quomodo honoribus prosequemur ? and in his absence elected another . eodem anno king henry the third in franciam transfretavit , and required restitution to be made of the provinces in france , unjustly taken away from his father king john , and detained from him ; unto which the french answered , that the donation of normandy was not free , but by force extorted by rollo , so as the king , if he had a mind to regain it , having not money to raise an army , and especially when he did see his own subjects ready to make war against him , was enforced to yield to a peace , that pro turonensibus parvis & restitutione terrarum in france unto him ad valorem y librarum in gasconia , the king was to resign and release to the king of france his dutchy of normandy , and county of anjou , & ex tunc literarum suarum abbreviavit titulum , ut nec ducem normanniae nec comitem andegaviae se vocaret . and fearing that he had committed perjury in taking the oath , to observe the provisions enforced from him at oxford , sent secretly to the pope for an absolution . eo tempore symon de monte forti comes legriae , richardus de clare comes gloverniae , nicholaus filius johannis , johannes filius galfridi , multique nobiles ipsis adhaerentes convenerunt oxoniae equis & armis sufficientèr instructi , finalitèr sta●uentes aut mori pro pace patriae aut pacis eliminare patriae turbatores ; whither came also the bishop elect of winchester william de valentia , and the rest of the poictovins stipati magna caterva satellitum & fautorum ; but when they understood , that the english nobility intended eos vocare standum judicio pro suis nequam factis , simul & communitèr jurandum cum eis ad observandum provisiones , they fled to the castle of whitesey , whither the barons pursued them , and fearing that the bishop elect of winchester would carry his complaints to rome against them , sent four knights as their agents to rome , with letters under their hands and seals ( not of the commons ) to complain of the injuries which the bishop had done to the kingdom ; and the justices itinerant of the king , were at hereford prohibited to proceed , for that as was alleadged , it was against the provisions made at oxford . anno . henry the third , the king retired to the tower of london , and caused all the citizens of london above the age of twelve years , to swear unto him fealty , and made proclamation that all that would come as souldiers to serve him should be paid ; the barons came with great forces to the walls of the tower ; lodging in the city , the absolution being come , and prince edward not accepting it , which the magnates ( not the multitude or commons ) taking notice of missis nuntiis humilitèr rogabant , ut z communitèr juramentum praestitum inviolabilitèr observare vellet , & si quid displiceret , eisdem ostenderet ad emendandum . qui nequaquam acquiescens , durè & minacitèr respondens , dicens , quòd eis à conventione deficientibus non amplius adquiesceret , sed unusquisque deinceps propriis defensionibus provideret , tandèm quibusdam mediantibus it was agreed , that two should be chosen on the king's part , and two on the barons , ( no commons mentioned ) and the arbitrators were , if they could not agree , to choose a third ; but by reason of prince edwards late return from beyond the seas , and that being returned , and informed what strange councels had been given his father , was so angry as he absented himself from him , and adhering to the barons , saith the continuator of matthew a paris , in hac parte prout juraverat fitque conjuratio inter eos , quòd malos conciliarios & eorum fautores adquirerent & à rege pro viribus alongarent , which the king understanding , betakes himself again to the tower of london , cum suis conciliariis , edwardo filio suo cum magnatibus foris remanente , sed tandem interveniente regina vix quibusdam concordati magnatibus in pacis anplexibus invicem sunt suscepti , and the king relying upon the popes absolution , and the promise of the king of france unà cum suis magnatibus sibi se velle succurrere manu forti , coming to winchester displaced the chancellor and justice made by the baronage , & novos creavit pro suo beneplacito . in the th . year of his raign , keeping his christmass with the queen in the tower of london , elaboratum est tàm à regni angliae pontificibus quàm à praelatis b regni franciae , that there might be a peace betwixt the king of england , and his barons , ventumque est ad illud ut rex & proceres ( not the commons ) se ordinationi regis franciae in praemissis provisionibus oxoniae submitterent . whereupon in crastino sancti vincentij congregato ambianis populo penè innumerabili , rex franciae lodovicus coram episcopis , comitibus , aliisque francorum proceribus , ( the king of england , and his queen , boniface arch-bishop of canterbury , peter bishop of hereford , and all or most of the magnates of england , before named ( no commons ) which submitted to the reference on both sides ) solennitèr dixit sententiam pro rege angliae contra barones statutis oxoniae provisionibus , ordinatio●ibus , & obligationibus penitùs annullatis , hoc excepto , quòd antiquae chartae regis johannis angliae universitati concessae per illam sententiam in nullo intendebat penitùs derogare ; which award both parties having solemnly bound themselves by oath to abide by , simon earl of leicester , and his complices refused to obey it ; for that as they pretended the provisions made at oxford were founded upon that charter of king john : so as the troubles and discontents continuing , and breaking out into open wars betwixt the king and his never to-be-contented barons , the battel of lewes shortly after followed , wherein the king was taken , and for a long time detained prisoner , ( the king of france , and his barons after a great part of his design satisfied by getting a release of the dutchy of normandy , giving him no manner of aid at all ) nor after the more successful battle of evesham , had by the escape and valour of his son the prince reinvested him in his kingly rights , that king of france , and his father before him playing the foxes betwixt the king and his father king john , in their troubles with their unruly and rebellious barons for their french advantages . anno . of his raign , kept his christmass at northampton , with his queen , the king of almaine , and ottobone the popes legate cum exercitu formidabili . anno . kept his christmass at oxford , with the queen and the popes legate , multisque magnatibus , ubi , after the ancient course of our english kings , at that and the other two great festivals of the year , to hold their great councels , diligentèr tractatum est de pace reformanda inter comitem gloverniae & rogerum de mortuo mari : circa tempus istud rex citari fecit comites & barones , archiepiscopos , episcopos , & abbates omnes , qui communitèr militare servitium sibi debentes , ut apud sanctum edmundum cum equis & armis c sufficientèr instructi convenirent ad impetendum eos qui contrà pacem regiam occupaverunt insulam elyensem ; but the earl of gloucester refusing to come , the earl of warren , and william de valentia were sent unto him , qui illum ad parliamentum venire moverent ab adunatis qui ad parliamentum citati fuerunt praeter rebelles , where primò & principalitèr rex & legatus , required the bishops to consent to the articles or demands before recited . anno . of his raign the king and queen cum regni principibus , kept their christmas at eltham . so as that honourable title of barons , and those that have a just claim or right thereunto , is not to be trampled upon , and thrown amongst the community , but contra distinguished from them , when baro saith , the largely learned du fresne a french man , sieur or baron du cange was in persius time amongst the romans , of no greater esteem than servus militum , and by isidorus were termed , or no better stiled than ministri mercenarii , qui serviunt acceptâ mercede , yet apud graecos nominantur barones , quòd sint fortes in laboribus ; barus enim dicitur gravis , quód sit fortis , glossae m. s. baro gr ' lat ' vir fortis , unde barones ; barones igitur ministri appellati non modo persii & isidori aevis , sed etiam longè postea , siquidem barones regios ministros vocatos qui ex regis familia erant , unde non mirum si traductam hanc vocem ad viros magnates passim legamus , qui principibus ipsis obsequia & ministeria sua praestabant , seu ex officii ratione seu ex beneficio ac feudis quae ad ejusmodi obsequia impendenda iis indidem conferri solebant ; quinetiam ab ipsa augustini tempestate barones dicti videntur viri nobiles principum obsequiis & servitio addicti , vel certè viri militares qui primos tenebant locos in aulis regum , as those words of his do evidence , where he saith , vbinam est caesaris corpus praeclarum ubi caterva baronum , ubi principes aut barones ; quibus in locis ij fortè fuerunt qui in obsequiis principum versabantur , ità ut numerosum eorum ac nobilem famulatum indicare voluerit augustinus ; quemadmodum autem famulos homines vulgò appellabant . ita franci & omnes boreales populi postquam galliam invasêre vel italiam barones quosvis viros nominârunt , as their salique , ripuar , aleman , and longobard laws , constitutiones sicul. capitulars of charlemaine and hinckmarus in his epistles have informed us : the barones regum angliae were the magnates , qui de domo & familia regis sunt vel certè majores regis vassalli qui de illo praedia sua nudè tenent ; adelwaldus was one of king edward the confessors , which florentius wigornensis , and the book of ramdsey do stile minister regis : the barons of almaigne , from which nation our saxon ancestors being descended , brought unto us many of their customs , made a two-fold difference amongst their barons , alii dicuntur simplices barones , alii semper barones , & semper baro is esse fertur qui à nullo horum feudum habet , sed alii ab ipso , adeòque liber est ut nulli ad fidelitatis astringitur juramentum ; insomuch as it was a very ancient custome and observance amongst the germans , not to allow the title or dignity of baron unto any that were not born of such a frey heeren father and mother , but those who were on the mothers part descended from an ordinary tenant , holding by military service of others , they would by no means call barons , but debaronized them ( which in time might have introduced amongst us , that distinction long after about the raign of our king john of the barones majores , those that were ministri regis , and held great possessions only of the king , for long before the conquest they were called thaines , barons , or lords , who were honorary , and the minores middle thaines or valvasores , who were only feudal , and held all or much of others or lesser parts of the king , and by canutus's laws there appears to have been in those times thani infimae conditionis : in germany , saith schwederus , there are two sorts ; the first that do hold of the empire immediately ; the second mediately of others , and that in the diversity of opinions amongst the learned , whether the word baron be derived from the hebrew , greek , latine , spanish , or french , the germans have been content with theit own word , or original baar , which signifieth frey or liber homo & barones are liberi domini frey heeren : et baro signifieth virum dignitate praecellentem : so as that exquisitely learned du fresne in his gloss upon the words barones parliamenti , saith , in anglia & scotia , qui vulgò lords of parliament vocantur , ij sunt ex majoribus baronibus qui à rege undè pendent & ad parliamentum sive concilium publicum diplomatibus regiis evocantur , nam constat in anglia ut in francia non omnes qui à rege praedia sua immediatè tenebant ad parliamenta admissos , nam nimius esset numerus eorum ; sed illos tantum qui proximi essent a rege & dignitate & vassallorum numero caeteros anteirent , prout etiam in ipsis baronum feudis factitatum : and defining a barony , saith it is praedium à rege nudé pendens vel maius praedium vel feudum ; cassanaeus taketh it to be quaedam dignitas habens quandam praeeminentiam inter solos simplices nobiles . tiraquel by good authority of rectified experimented reason , laws , and ancient customs , saith , leges sanciri debent a principibus etiam nobilium concilio quod plane ostendit virgilius de aceste rege loquens gaudet regno treianus acestes indicitque forum & patribus dat jura vocatis . id est , leges sancit jura distribuit vocatis ad id patribus id est senatoribus . l'oyseau defining seigneuries saith , they are publique ou prives , and that les droits & praerogatives des grandes seigneuries a scavoir les duchez , marquisats , comtez & principautez , dont le premier est qu'elles ne relevent que du roy , encore que de leur nature elles deuvoient relever immediatement de la couronne . c'est pourquoi les feudistes les appellent feuda regalia ou regales dignitates tit ' de feud encore non tant pour ce qu'elles participent aux honeurs des souverainetez que de leur d'autant qu'elles sont vrays fieffs du roiaume ne pouvant relever d' autre seigneurie . et tout ainsi que ces capitaines s' aydoient de leurs vassaux en la guerre aussi faisoient ils en les justices principalement aux causes d' importance qu' ils iugoient par leur advis & pour ceste raison ils les appelloient pairs cour , c'est a dire pairs au compaignons de leur cour de justice . saith , le seigneurie privee n' induit point de puissance publique , and concludeth and proveth it to be un erreur d' penser qu' aux livres de fieffes valvasores regni seu majores valvasores fussent ceux qui tenoient leurs fieffs a capitaneis regni , nempe a ducibus & marchionitibus . and were had in such a veneration and respect , as when in the first year of the reign of queen elizabeth , an act of parliament was made , that every member of the house of commons should before the lord steward of the king queen , or her successors houshold , or his deputy , for the time being before they sit , or be admitted by his oath taken upon the holy evangelists , testify and declare , that the queens majesty is the only supreme governour of this realm , and of all other her highnesses dominions , and countries as well in all spiritual and ecclesiastical things or causes as temporal , and renounce all foreign jurisdiction of any foreign prelate , prince , or potentate whatsoever . and promise that from henceforth i shall bear faith and true allegiance to the queens highness , her heirs , and lawful successors , and to my power shall assist and defend all jurisdictions , priviledges , preheminences , and authorities granted or belonging to the queens highness , her heirs , and successors , or united and annexed to the imperial crown of this realm . from the taking of which oath , the lords temporal , and all of or above the degree of a baron , were by that act of parliament of . eliz. exempted , for that the queens majesty is otherwise sufficiently assured of the faith and loyalty of the temporal lords of her high court of parliament . although of that high and honourable assembly of the house of peers , all that hold offices under our kings , as the lords chancellour , treasurer , steward , great chamberlain , and chamberlain of the houshold , constable , earl marshal , lord privy-seal , secretaries of state , and all that receive creation-money of him , as earls , viscounts , marquesses and dukes , and all the assistants as judges , masters of chancery , and the barons in that high court of judicature , subordinate to the king , may find themselves comprized and obliged in and by that act of primo eliz. ca. . as the arch-bishops and bishops are . for it may everlastingly , with great assurance of certainty and truth , be affirmed , that our parliaments or great councells have in their constitutions , formes , customes , and usages , altogether or for the most part followed , and imitated those of the almans , saxons , and ancient francks , when marculfus , who lived in the year after the incarnation of our blessed saviour jesus christ , six hundred and sixty , now something more than one thousand years , when clodouaeus the son of dagobert of the merovignian , and first race of the kings of france ruled , as it will be evident by the writ of summons thereunto , entituled , prologus de regis judicio cum de magna re duo causantur simul , in the form or words ensuing , ( or the cause of summoning or calling the parliament as our kings have many times done in their writs of summons to their parliaments ) viz. cui dominus regendi curam committit cunctorum jurgia diligenter examinatione cum rimari oportet , ut juxta propositionum vel responsionum alloquia inter alterutrum salubris donetur sententia , quo fiat ut & nodos causarum vivacis mentis acumen coerceat , & ubi praelucet justitia illuc gressum deliberationis imponat : ergo nos in dei nomine ibi in palatio nostro ad universorum causas recto judicio terminandas , una cum dominis & patribus nostris episcopis vel cum plurimis optimatibus nostris patribus illis referendariis illis domesticis illis vell senescallis illis cubiculariis & illo comite palatii vel reliquis quam pluribus nostris fidelibus resideremus ibique veniens ille illum interpellavit cum diceret , &c. upon which words , viz. una cum dominis & patribus nostris episcopis , the learned bignonius commenting saith . hi enim in iudiciis regi assidebant , ut etiam notavit tillius , qui rectè curiae seu parliamenti originem hinc deducit , illudque ita durasse usque ad philippi vallesy tempora , qui amplissimum parisiensem senatum à comitatu & consistorio principis separatum edicto constituit . hujus quoque judicii episcopis & proceribus adstantibus forma refertur antiquitatum fuldentium lib. . anno dominicae incarnationis . jnd. . . k l. julii facta est contentio gozboldi & hrabani abbatii coram imperatore ludovico & filiis ejus ludovico & carolo , necnon & principibus ejus in palatio apud niomagum oppidum constituto de captura , &c. presentibus trugone archiepiscopo , otgario archiepiscopo , radolto episcopo , &c. adalberto comite , helphrico comite , albrico comite , popone comite , gobavuino comite palatii , ruadharto similiter comite palatii , & innumerabilibus vassallis dominicis . so did the referendarii , masters of requests or chancery the senescallus palatii , the cubicularii . and bignonius moreover declareth : domestica dignitas fuit non contemnenda sub prima & secunda regum nostrorum familia , nam inter praecipuos regni ministros domesticisaepe enumerantur ; & in praefatione leg ' burgundion ' sciant itaque optimates comites consiliarii domestici & majores domus nostrae & cum munera in judicio accipere prohibeantur , eos quoque judicasse dici potest , sic leg ' ribuar ' tit . go. ut optimates majores domus domestici comites grafiones cancellarii vel quibuslibet gradibus sublimati in provincia ribuaria in judicio residentes munera ad iudicium per vertendum non recipiant ; hos etiam regi judicanti adsedisse probat marculfus ipse lib. . dum inter ministros & officiales qui regi adsiderent domesticos recenset . neither were the writs of summons to the peers and lords spiritual and temporal , in that fatal th . year of the raign of that unfortunate prince king henry the third , though many ages before accustomed to be summoned to their soveraign's great councells , framed upon any better foundation than force , and partiality , when a rebellious part of the baronage of england had , by the success of their rebellion , made him , and the prince his son , his brother richard earl of cornewall , king of the romans , and his son , with many of the loyal baronage , and other his faithful subjects , prisoners on purpose to create an oligarchy in symon de montfort earl of leicester , gilbert de clare earl of gloucester , and some few others of their triumphant and seduced party , and fix in themselves a conservatorship , and domineering power over the rest of the peers , and nobility , and their fellow subjects , especially the commons , left in a full assurance of slavery , and hopeless of any thing more than to be assistant to the everlasting ambition and variable designs of others . sect . xiv . that those enforced writs of summons to the lords spiritual and temporal , accompanied with that then newly devised engine or writ to elect knights , citizens , and burgesses to be present in parliament , were not in the usual and accustomed form , for the summoning the lords spirituall and temporal to the parliament . for the eminently learned selden hath informed us , that the most ancient writ of summons that he hath seen , was no elder than the th . year of the raign of king john , directed to the bishop of salisbury , commanding him to come , and summon all the abbots , and convential priors in his diocess to do the like , viz. mandamus vobis rogantes quatenus omni occasione & dilatione post positâ sicut nos & honorem nostrum diligitis sitis ad nos apud london die dominicâ proximé ante ascensionem domini nobiscum tractaturi de magnis & arduis negotiis nostris & communi regni utilitate ; quin super his quae a rege franciae per nuntios nostros & suos nobis mandata sunt unde per dei gratiam bonum sperare vestrum expedit habere concilium & aliorum magnatum terrae nostrae quos ad diem illum & locum fecimus convocari , vos etiam ex parte nostrâ & vestrâ abbates & priores conventuales totius diocesis citari faciatis , ut concilio praedicto interfint , sicut diligunt nos & communem regni utilitatem . t. &c. the roll that hath this writ hath no note of consimile to the rest of the barons , as is usual in other close rolls of summons to parliament ; but it appears in the body of it , that the rest were summoned , and that there was a parliament in the same year . and another close roll in the raign of the same king , and in the same year hath a writ in these words , viz. rex henrico , mandavimus tibi quod in fide quam nobis debes , sicut nos , & corpus , & honorem nostrum diligis , omni occasione & dilatione postpositis sis ad nos apud northampton die dominica prox ' ante pentecosten parat ' cum equis , & armis , & aliis necessariis ad movendum nobis cum corpore nostro , & standum nobiscum ad minus per duos quadrag ' ità quod infrà terminum illum à nobis non recedas , ut te in perpetuum in grates scire debeam . t. r. &c. and out of a close roll of the th . year of king henry the third , cites a writ of summons in these words . henricus , &c. reverendo in christo patri waltero eboracensi archiepiscopo , mandamus vobis quatenùs ficut nos & honorem nostrum pariter & vestrum diligitis , & in fide quâ nobis tenemini , omnibus aliis negotiis omissis sitis ad nos apud london à die sancti hillarii in quindecim dies ad tractandum nobiscum unà cum caeteris magnatibus nostris quos similiter fecimus convocari de arduis negotiis nostris statum nostrum & totius regni nostri specialiter tangentibus , & hoc nullatenus omittatis . t. meipso apud windlesorum . die decembris . subscribed with eodem modo scribitur omnibus episcopis , abbatibus , comitibus , & baronibus . and that the first that he found accompanied with the other circumstances of a summons to parliament ( as well for the commons as the lords ) is in the h. year of the reign of king henry the third in the form before-mentioned ( which by the dates of the writs were by sir william dugdale first of all discovered , or taken notice of to be during the said king's imprisonment ) by which he calls both the earls and barons to westminster ( no such words as the commons being called appearing either in the exemplar , or transcription of the former writs , or in that which mr. elsing hath left unto the world. in formâ praedictâ subscribitur abbatibus , prioribus subscriptis , &c. without any christian names , or additions formerly used . sub data apud woodstock . die decembris . in formâ praedictâ mandatum est comitibus , & aliis subscriptis dat' apud woodstock , viz. comiti leicester , comiti glou ' , comiti norff ' , & marescal ' angliae , comiti oxon ' , comiti derby , rogero de sancto johannis , hugo de spencer , justiciar ' angliae , nich ' de segrave , johanni de vescy , robert basset , g de lucie , & gilbert de gaunt , of which the earls of leicester , gloucester , norfolk , oxford , and derby , were notoriously known to be in open armes , and hostility against the king , the whole number of the temporal lords therein named , not amounting unto more than twenty-three , with a blanck left for the names of other earls and barons , which have not been yet inserted or filled up . and all the other which were in that constrained writ of summons , particularly and expressly named , were no other than h de le spencer justiciar ' angliae , john fitz john , nicholaus de segrave , john de vescy , rafe basset de drayton , henry de hastings , geffery de lucy , robert de roos , adam de novo mercato , walter de c●lvill , and robert basset de sapcott ; those which together with the then bishops of london , and worcester , symon de montfort earl of leicester , and steward of england , h. de boun juvenis , peter de monte forti , & s. de monte forti juvenes , baldwin wake , william le blond , william marescallus , rafe de gray , will ' bardoff ' richard de tany ( or tony ) robert de ●●teri ponte , made up the number of the opposite party to the king in the aforesaid reference to the king of france . and mr. selden hath observed , that the preambles sometimes so varied , that some eminent occasions of the calling of the parliament were inserted in the writs to the spiritual barons , that were not in those to the temporal ; and oftentimes no more than a general and a short narrative of the resolution of having a parliament , with much variation in the writs of that nature , with many differences of slighter moment , sometimes against making of proxies , and at other times a licence to make them , and sometimes in all a clause against coming attended with armes ; and saith that until the middle of the raign of king richard the second , when dukes , earles , and barons , were created by letters patents of our kings , that the names of the barons to be summoned to parliament , were written from the king's mouth at his direction and command ; and in that agreeth with mr. e●sing , who saith it was ad libitum regis , for surely none but the king can summon a parliament , and that is the reason that henry the fourth having taken king richard the second his leige lord prisoner , the twentieth of august , in the st . year of his raign , did cause the writ of summons for the parliament , wherein he obtained the crown , to bear date the nineteenth day of the same month , and the warrant to be per ipsum regem , & concilium , and himself to be summoned by the name of henry duke of lancaster . and the warrants have been divers , sometimes per breve de privato sigillo , but commonly per ipsum regem , or per ipsum regem & concilium . sect . xv. that the majores barones , or better sort of the tenants in capite , justly and legally by some of our ancient kings and princes , but not by any positive law ( that of the enforced charter from king john at running mede , being not accounted to be such a law ) were distinguished and separated from the minores , or lesser sort of the tenants in capite . for it could be no design in the framers or contrivers of his charter , to make any distinction betwixt the majores , or minores barones , of the kingdom ; or to leave to posterity a definition of either of them ; or a rule for after ages , for that would have unpolitickly very much disturbed and distracted that rebellious assembly at running mede , or could be likely to obtain any more thereby , as to their meeting in our kings great councels ( the word parliament being not then in use amongst us ) than to have a common councel shortly called to settle the manner of assessment of aides upon knights fees , and to that only end to summon the tenants in capite , which were not all of that sort , being not the majores or magnates then , and yet understood by our nation to be the barons long before , and ever since , at the good will and pleasure of our kings , usually called and summoned by them to their great councels upon urgent occasions ; the majores barones being to be there present to advise thereupon : which , for after assemblies of that nature , constantly to be holden , would have been very numerous , troublesom , chargeable , and dangerous , if the tenants in capite had been threescore thousand , as ordericus vitalis hath recorded them , or but thirty two thousand , as our great selden hath more probably estimated them : and although the learned sir henry spelman was enclined to believe , that the distinction betwixt the greater and lesser baronage , had its foundation in that charter ; and the learned cambden , from a very good authority as he thought , asserted , that king henry the third , post magnas perturbationes , & enormes vexationes inter ipsum & symonem de monte forti , ex tanta multitudine quae seditiofa & turbulenta fuit optimates quosque rescripto ad comitia evocaverit ; yet mr. selden saith , that in all that he hath met with since the making of that charter , he found no mention of any interest which those other tenants in chief eo nomine had in our kings great councels or parliaments , who doubtless were the persons that were excluded from it , and was perswaded to give little credit unto the author cited by mr. cambden , but rather to conclude , that not long after that grand charter of king john ( like enough in that time ) some law was made , that induced the utter exclusion of all tenants in chief from parliaments ; besides the ancient and great barons , and baronies ( which mathew paris saith , king henry the third reckoned to be two hundred and fifty ) and such other as the king should in like sort summon ; and that there were barons by writ , as well as barons by tenure , cites a testimony out of mathew paris , who speaking of king henry the third , saith , that in the twenty nineth year of his raign , rex edicto publicè proposito de submonitione generaliter factâ fecit certificari per totam angliam , ut quilibet baro tenens ex rege in capite haberet prompta & parata regali praecepto omnia servitia militaria quae ei debentur tam episcopi & abbates quàm laici barones , barons holding in capite , as if some held not so , which must be such as were barons by writ only . the tenants in chief being by those differences distinguished in their titles , possessions , and reliefs , were so much less in honor , than the greater barons , who had several writs at every summons , and all the ancient circumstances of the title of baron still remaining to them : it was the less difficult for those greater barons to exclude the rest wholly at length from having any interest in the parliaments of that time , under the name of tenants in chief only . and although in somewhat a different , and much inferiour manner to the majores barones , their number , greatness of provinces and estates , or near alliance in blood unto the crown , is not much unlike the distinction made in france of the douze pairs , not exclusively to the other baronage ; which our mathew paris , and their own authors will evidence , were not only before , but are there to this day continued as a degree of honor , different from the barones minores , or the vulgus or common people , much inferior to that lesser baronage ; yet the annalls and records of france , are not yet accorded of the precise time of the first institution of their twelve pairs , lately augmented to a much greater number . for du fresne is of opinion , that in the year . which was the th . year of the raign of our king henry the second , there was no certain number of the peers of france , narrat quippe rogerus hovedenus willielmum archiepiscopum remensem eundem regem unxisse remis , ministrantibus ei in illo officio willielmo turonensi & biturocensi & senonensi archiepiscopis , & fere omnibus episcopis regni henricum vero regem angliae de jure ducatus normanniae coronam auream qua coronandus erat philippus & philippum comitem flandriae gladium regni praetulisse , alios vero duces , comites & barones praeivisse & secutos diversos diversis deputatos officiis ( according to the long before used custom of the english at the coronation of their kings ) where divers of the greatest officiary and nobility ; as the constable , marshall , steward , and great chamberlain of england , cum multis aliis , one nation learning of another their customs and usages , did conceive it to be an honour fixt in their families by grand serjeanty : et rigordus eandem coronationem peractam ait , astante henrico rege angliae & ex una parte coronam super caput regis franciae ex debita subjectione humiliter portante cum omnibus archiepiscopis , episcopis , caeterisque regni principibus , ex quibus patet , saith du fresne , caeteros episcopos qui pro franciae paribus habentur , ea quae hodie non assecutos ministeria in ea solemnitate . proinde hand improbanda forte sententia qui parium francicorum duodecim virorum definitum fuisse tradunt a s. ludovico rege quos inter est iohannes a leidis lib. . ca. . itaque sanctus ludovicus rex franciae ordinavit in regno franciae constituens inde collegium seu capitulum qui haberent ardua regni tractare , scilicet duces & comites , & de ducibus sunt tres episcopi , & de comitibus sunt etiam tres episcopi . and l'oiseau a learned french-man giveth us an account of the erection of the pairs of france in these words , ils furent choisis selon la plus vray semblable opinion par loys le ieune du tout a la maniere des anciens pairs de fief dont parlent les livres de fieffs et ont aussi toutes les mesmes charges qu' eux a scavoir d' assister leroy en son investiture qui est son sacre & coronement et de juger avec luiles differens des vassaux du royame & ont les uns & les autres este ainsi appellez non pas pour estre agaux a leur seigneur mais pour estre pairs & compagnons entr ' eux seulement come l' explique un ancien arrest donne contre le comte de flandres au parlement de toussaints . rapp●rte par du tillet . ce fut pourtant un trait non de ieune , mais de sage roy lors que les duc's & com'tes de france avoient usurpe le souverainete presque entiere pour empescher qu' ils ne se separassent tout a faict du royaume d'en choisir douze des plus mauvais les faire officiers principaux , & commemembres inseperables de la couronne a fin de les ingager par un interest particulier a la maintenir en son integri●e mesmea empescher la des union des autres moindres qu' eux moyen que les allemans ont aussi tenu pour la conservation de l' empire par la creation des electeurs . ( which in process of time being long afterwards done by the aurea bulla , might not improbably have been instituted in some imitation of the douze pairs du france . and in anno . being the th year of the reign of our henry the d , the earl of flanders , and the earl of boloigne complaining that their lands had been seized and taken away , without the judgement of the peers , as by the laws of france , they , as was alledged , ought ; and when those their greivances were redressed , they would attend at the coronation ; howsoever blanch the queen regent , although the duke of burgundy , earl of champaigne , st paul britain & fere omnes nobiles ad coronam ( who may probably be understood such as more particularly did hold by some grand serjeanties to be performed at the inauguration of their kings ) did by the counsell of the popes legat , cause her son lewis to be crowned without them . and when st. lewis . the french king so called , whose saintship in our barons wars , had cost england very dear , could in a seeming friendly entertainment of our king henry the d at paris , wish with an outinam duodecim pares franciae had not done as they did in the forfeiture of normandy , & mihi consentirent certe amica essemus indissolubiles , but did at the same time adde , & baronagium , and might have understood that that judgment against king john denyed by the english to have any justice in it , was not given by the ● peers against him as duke of normandy , for he was one of the principall of them himself , and was neither present or heard . but whither that or their offices to be performed at the coronation of their kings , gave the rise or ground of that especiall peerage , the time when being something uncertain , for du fresne doubting of it , declareth , that quando the pairs of france redacti fuerunt ad duodenarium numerum non omnino constaet inter scriptores sane in confesso esse debat ab ipso seudorum origino vassallorum coronae franciae controversias a paribus suis fuisse judicatas & anno. . which was the th year of the raign of our king john , numerus parium franciae non fuit definitus . and that distinction of the majores barones & minores barones , mentioned in king johns extorted charter a● runingmede , whether then newly gained , as the learned sir henry spelman believed , or only put in practice by edward the first , a better defender of his crown-rights , then his father or grandfather , as others have with good probability conceived , may receive the better entertainment amongst all the friends and well-willers of truth and reason , when it shall be considered how much it corresponds with that more antient custome amongst the hebrews in a government , ordained by god himself , where the princes of the . tribes of israell , summo magistratui assidebant , nobilium ordo pro seminario munerum praecipuorum quia , saith besoldus , liberaliter educati sapientiores esse censentur , and therefore comites or earls , being antiently in the reign of charlemaine ( which was in anno christi . if not long before , perfecti provinciarum & qui provincias administrabant , were with dukes also and barons , not only in france , about those times , but in germany also ( whereas bodin saith , they did so spirare libertatem , as they 〈◊〉 it , on earth to be the utmost of their wishes and d 〈…〉 to obtain as much as they could of it ) inserted , and put in 〈…〉 the ma●ricula or roll of the states of the empire , et in comi 〈…〉 us suffragii habuerunt , and arumaeus as well as many other 〈…〉 hentick authors , are of opinion that it was pars liberta●is , a great part of the peoples liberty , and for their good , that deliberatio ordinum concilio et authoritate quorum periculores agitur suscipitur ; et qui apud principem et jura comitiorum u●a & perpetua privativa est mediata subjectio qua qui infectus est , nec comitiorum particeps esse potest , it being a rule or law in such assemblies , that they that sit there , or are to have voice or suffrage therein , were to hold immediately of the empire , and the reason of the first institution of the parliament of france , composed of the ancient nobility by the ancient kings of france , & pepyn , was , as ( pasquier that learned king advocate of france observeth ) inpartem solicitudinis , to assist their kings in the better management of their government , who did thereby communicate les affai●es publiques a leurs premier & grandes seigneurs come si avec la monarchie ils eussent entre mesler l' ordre d' une aristocratie & gouvernement de plusieurs personages d' honneur & ne se mettre en haine des grands seigneurs & potentats , and not draw upon them the envy of their great and mighty men . et estans les grands seigneurs ainsi lors uni se composa un corps general de toutes les princes & gouverneurs par l' adois desquels se vinderoint non seslement les differeuts qui se presenteroient entre le roy & eux , mais entre le roy & ses subjects ; and the great lords being so united , composed and made one generall body of all the princes and governours of provinces , by whose advice and councell , not only the differences which should happen between the king and them , but betwixt his subjects , and were to be in extraordinary concernments of the kingdom determined et estoit l' usance ; de antiens roys telle qu'es lieux ou la necessite les summomot se uvidoient ordinairement les affaires par assemblees generals des barons ; and accordingly by the direction of right reason , or of that or the more ancient government of the greeks , in their great councel of amphiction , or of the romans in their empire ; where in suis constitutionibus prohibitum fuit ne portae dignitatis vilibus personis paterent quas ipsa remana respublica plebeis cum sui destructione aperuit ut in ipsos senatores imo tandem consules insurgerent particularia jura ( plebiscita ) pro plebe formarent tandem sibi summam potestatem sub tribintia authoritate arrogarent & factionibus in contrarium motis rempublicam perderent ; and our saxon kings could neither think they wronged themselves or their subjects , to call to their assemblies and great councells , for the redressing of grievances and enacting of laws , their regni scientissimos & aldermannos , governours of provinces , so as they which have had any conversation with tyraquel & nolden de nobilitate , cassanaei catalogus gloriae mundi , l'oyseau in his books de seigneuries & de droit des offices , du fresue's glossar , our seldens titles of honour , sr john ferues glory of generosity , & sr henry spelmans glossary , may find , as l'oyseau saith , that there are simple nobles , & hautes grauds & moindres seigueurs publicquees et privees , and they may loose more credit then they are likely to get in making such a stir to metamorphose pigmies into gyants , and gyants into pigmies , & procure their proselites or fellow-undertakers , if they can , to believe that all the world hath been since the creation therof , greatly mistaken beside themselves . howsoever if that will not accomodate their levelling humors and designs , they will make an essay to entice others to invade their sovereigns rights and authority , although they themselves should miss of their mark or aim , intended by putting the majores barones in mind , that they have a co-ordinate or compulsive power in their kings great councells , more then deliberative or subordinately judiciall , when there will be evidence enough against it , and the parliament-rolls and records , will ( if well observed ) afford ensuing plentifull proofs and instances thereof . principes comites & barones imperii alique ordines non tantum minora cum provinciis et territoriis sibi in feudum datis sed et ex majoribus illis quae re haud innania capiunt , as our william the conqueror did in his grant of the earldome of chester teneud ' ita tibere per gladium ut rex tenet angliam per gladium , and that earl and his heirs had diverse barrons under him of their own creation . and one of the said earls granted the earldom of lincoln to his sister hawisa and her heirs , the bishoprick of durham as a county palatine aver justice haute & basse subordinate to the king ; and in like manner was the dutchy of lancaster granted by our king edward the . § . . incorporales res apud omnes quoque gentes in feudum dari receptum et jura appellantur haec res immobilium jure censentur arg . l. . de servis idque plenius & planuis intelligi potest . sect . proced . n . & . similiter venatio quoque expresse in feudum dari potest ( as our free-warren ) & tunc licet fuudus in venatione non consistat id est propter eam non habeatur venari potest vasallus & quod teperit ipsius erit , l. . sect . . l. . f. de usufr. successio etiam alia ex testamento alia ab intestato liberis deficientibus e latere conjuncti veniunt , whence proceeded the power of the tenant in capite granted king henry the . by act of parliament , to dispose of parts of his lands , reserving a part to the heir and administrations de bonis intestati , were anciently ( as mr selden saith ) granted by our kings or lords of manors derivatively from them , . e. . quia emptores terr . the statute . . e. . compelling men of l. per annum , to take the honour of the knighthood , . e. . de homagio faciendo , cum multis aliis . and those together with the before-mentioned feudall laws have been so fundamentall to our laws and customs of england , and which hath been called our common law , as it hath been rightly said to be velut ossa carnibus , and so incorporate in the body thereof , as it runneth like the life-blood , through the veins , arteries , and every part thereof , circulating to the heart the primo vivens & ultimo moriens of our heretofore , for many ages past , in our very ancient body-politick and monarchick , attested and every where plainly and visibly to be met with , seen , and understood , not only in and by our glanvill , bracton , britton , and fleta , together with our annalls , historians , and records ; the latter of which as unto matter of fact do never lye or speak false ; but is and hath been written , said and practised , by , in , and amongst the most of europaean nations of germany , france , and spain , if we reade and consider well the books of their learned lawyers , when too many of our now effassinated nation , will not take the pains to look into former ages , or if at all , beyond our inexpiated & late rebellious age , beginning at the year . but scorn at solomons large , just , and well-deserved commendations of wisdom ; and esteem the prophet jeremy , inspired by god to be no other in his councel or advice , state supervias antiquas & inquire veritatem , then a fopp or a grave thinking coxcomb , and to be told to his face , as the prophet jeremy was , say what thou wilt , we will not hear thee . and it may be to our sorrow be made an addition to our heretofore seven wonders of england , that our littleton , and sir edward coke his adoring commentator , should draw the water , and have so little or no acquaintance with the fountain , from whence it came ; and all our year-books , and law-reports should allow of so many of our feudall laws , and not cite , or quote , or tell us from whence their originall came in : insomuch as littleton as sir edward coke relateth , speaketh of the kings prerogative but in places in all his book , viz. § . . . and in both places saith , it is by the law of england , and sr edward coke that gave in some of his books , that good and wholesome advice , petere fontes & non sectari rivules , should not ( as he fondly did ) have built altars , & sacrificed his otherwise to be well esteemed abilities , to the reasonless and notoriously false and vain figments of his so much adored modus tenendi parliamentum , and the mirrour of justice , and it can be no less then a marvail , that so learned a councell at law and state , as that great and excellent queen elizabeth was so blest with , should permit her to afflict and torment her mind , in the taking away the life of her cousin mary queen of scotland for treason , who had fled unto her for protection , against the persecution of her rebellious subjects , who had driven her out of her own kingdom ; and was by some ill-affected english made use of in some of their plots and conspiracies , which were then made or contrived , by the advantage of her being here , against their sovereign and her royall government ; upon a designed marriage betwixt her and the duke of norfolk , and to endure the menaces and threatnings of some forreign kings and princes her allies , to avenge her death as a common concernment , ( which his now majestie , and his blessed father , the royall martyr for his people , could not in all their many distresses find any amongst their great allies and kindred , that would do any thing more then to make their own unjust advantages by an early complying with their adversaries ) when the justice of that her unwilling action in the silence of our best and most learned annalists and historians , ( who brobably might in that and other matters of our laws , think our feudall laws to be as unnecessary to be proclaimed in england , as that there is a god , when every one should believe it ) might have easily proved & demonstrated , the sentence & condemnation of that unfortunate queen being a feudatory of our queen elizabeth , and holding her kingdom of scotland of her by ancient tenure in capite , homage and fealty , of and under her crown of england , to have been agreeable unto those laws , although very unhappy unto the necessity of the one in the causing , and the other in her suffering under it : and that so many of the kings council in the law , that should be more than the carved lyons about solomons throne , if they would but read the learned b●oks that have been written by some learned gentlemen and divines in the defence of the kings just rights from the bars of our courts of justice to the bench , and from the bench to the bar , should take so little notice of those our fundamentall laws , as only to entitle the kings ancient monarchick rights to no better a foundation and originall , then that which the miserable seduced and infatuated common people shall be pleased to call prerogative , as if it were some new word or term of usurpation or tyranny , to be maligned , bawled , and bayted at , by the silly rabble ; or as if the name of prerogative made every thing unjust that the king or his ministers have either done , or shall do ; and some of the causes ( for reason amongst many of the effascinations which like the egyptian darkness hath almost covered all our land of egypt ) is a word too good for it , may be the mischeivous quarrell betwixt our common lawyers and civill or caesarean lawyers , not reading or understanding so much as they should do , the venerable mother of that which they would call the common laws ; when at the same time they can be content to make use of their excellent rules and maximes in many of their pleas , arguments , books , and reports , as so many faithfull guides and directions . and for further satisfaction unto , and as far as a demonstration from what original the most of our fundamental and principal laws tanquam a fonte purissimo , the purest fountain of right reason , have proceeded , been fixt and continued amongst us , the particulars of the feudal laws following , not before mentioned , will ( if rightly considered ) abundantly illustrate and declare , when the feudists or fendal lawyers may assure us , that the feudal laws being as a jus gentium of all the northern nation of europe , from or out of which england , scotland and ireland , with their adjacent isles and territories are not , or ever yet were to be excluded . in the company whereof , attended also as the fidus achates the trinoda necessitas or expedtitiones castrorum & pontium reparationes ; from which the bishops and clergy by themselves or others , were not to be excused , raysing of forces at the countries charges ( which the preservation of their lands , that were given them for that service , besides the obligations of their oaths , and gratitude strictly oblige them unto ) making provisions for the war , for the victuals and the wages of military men , as well at home as in forreign expeditions , for the defence of the kingdom and state ; together with the arrogationes auctoritatem dare , l. . f. de adopt . sect. c. . or give licence to adopt ( as our king stephen did king henry the ii. ) which together with our licences & pardon of alienation , and fines paid for the neglect thereof , courts-leet and baron , ancient demesne , free and copyholders , and fines certain or uncertain , at the will of the lord , prescription of ancient custome and usage not mala in se , villani bordarii manucaption satis datio or baile , fribergh , tithings , sheriffs turnes or county-courts , hundred-courts , and our communia concilia or parliaments , upon urgent and special occasions , concerning the defence of the kingdom , and church of england , and the advice of the lords spiritual and temporal to be had therein . wardships , marriage , advowsons , patronage of churches , license of widdows of tenants in capite , to marry , seizures ouster les maines , liveries or investitures , primer seizen ; forfeiture of portion upon marriage tendered and refused , respite of homage , priority in suing for debts , ann. diem & vastum . power to amend , wave , or charge his demurrer , to imploy coroners , escheators , and feodaries ; issues aut diem clausit extremum stay other mens actions with a rege inconsulto ; kings silver or money to be paid pro licentia concordandi , writs of per que servitia cessavit per biennium de coronatore eligendo de advocatione , and the assessments of escuage quare impedit & de viridario eligendo in parliament . writs of couge de eslire evesque . writs of recordare or accedas ad cariam , writs of prohibition distringas de excommunicato capiendo ; our juries or tryals in matters of controversies per pares , our writs de odio & atia ne injuste vexes , writs of novell disseisiu , or of entry and redisseisin or triall by battell , or judicium dei fire deal or ordial , writts de nativo habendo certiorari de proprietate probanda cum multis aliis , mentioned in that authentique book of our laws called the register of writs ; and even almost the whole frame and context of our laws do ( besides the laws and statutes made by our kings and princes , and the reasonable customes and usages of the people , indulged or allowed by them ) plainly bear and declare the idea , effigies , and lively portraict of the feudall laws planted and established as they ought to be in this our heretofore more happy islands ; distinguishing estates in lands granted inter feudum nobile & plebeium : from the former of which , our nobility and bishops have derived their privileges of freedom from common process of arrest , and even the widdows of the nobility , together with the precedency of the sons and daughters of them ; and our kings have enjoyed the privilege of protecting the persons of their servants from personall arrests , which they may certainly as justly and lawfully do , as the members of the house of commons , and their servants ; and that of the house of peers in parliament do and have none in the times of parliament , and it should not be unobserved or unknown by or unto our later lawyers of england , that the ancient and usuall forms of our declarations and pleadings at law , have been and are , that the plaintiffs or defendents were or are seized in dominico suo ut de feodo simplici aut talliato , and that our laws have or had ab antiquissimis seculis , or ages , a great mixture of the feudal laws , which the people esteemed to be a part of their happiness , untill this our last mad age of rebellion , faction and sedition , had taught our english copy-holders to esteem their tenures to be a norman slavery , wherein the charity and good-will of their landlords have continued to their generations , yet notwithstanding have by length of time converted their kindnesses into a villanous custome of ingratitude . and as the civill law had before done inter patrones et clientes , the patritii or nobility esteemed it to be a disparagement to intermarry with the vulgar , who could not for a long time , and without much strugling , be admitted into the magistracy ; ( as livy and other good roman historians have assured us ) but were as a seperate part of the people , glad to be content with their tribuni plebis to intercede with the senate , to make good and wholsome laws , or abate the rigour or severity of any of them ; so far were they from ambition or any designs of intermedling above their incapacitated spheres , or incroaching upon the kin●●y government ; as if simon montford , and his fellow-rebells , had by force put upon king henry the d. in the th , year of his reign , taught them the way unto it , not as he did , by force , but by degrees and sly insinnuations , working upon the indulgence or necessities of their princes , but might have tarryed long enough , and beyond the longest period of time , before our feudal laws would have given them so much as a leave or licence to attempt it . however if that will not do , those novillists , or hatchers of new & unwarrantable doctrines , will to work again , & limbeck their fancies , to vent the only vapours of such imaginations , or what can be extracted as some elixir proprietatis , elixir vitae , or salutis , to be purchased at their own & others costly enough rates and prices , so as they may be instrumentall and subservient to their wicked , and seditious designs , of subverting the monarchy , and deluding the people . and their men of more faction then wifdom , law , right , reason , or evidence . sect . xvi . that the general councels or courts mentioned before the rebellious meeting of some of the english baronage , & the constraint put upon king john at running mede , or before the . of h. . were not the magna consilia , or generale consilium , colloquium , or communia consilia now called parliaments , ( wherein some of the commons , as tenants in capito , were admitted ) but only truly and properly curiae militum , a court summoning those that hold of the king in capite , to acknowledge , record and perform their services , do their homage , and pay their reliefs , &c. and the writ of summons , mentioned in the close rolis of the th , year of the reign of k. john , was not then for the summoning of a great councell , or parliament , but for other purposes , viz. military aids and offices . which withall their strains , conjectures , or alchimy of abused wit , will never be able to make the writ , which mr selden found in the close role of the th , year of the reign of king john , to be any patern , or to have any resemblance with the writs of summons , framed by simon montfort , and his rebell-party , in the time of the imprisonment of king henry the d , in the th , year of his reign , having no other then these words , viz. rex vit . oxon , precipimus tibi , quod omnes milites ballivae tuae , qui summoniti fuerunt , esse apud oxon ad nos a die omnium sanctorum in quindecim dies , venire facias cum armis suis , corpora vero baronum sine armis similiter , et quatuor discretos milites de comitatu tuo illuc venire facias ad nos , ad eundem terminum , ad loquendum nobiscum de negotiis regni nostri , & meipso westmonaesterium , . die novembris , and not the th as mr. selden hath mis-recited the dates thereof . et eodem modo scribitur omnibus vice comitibus , which writs , he saith , seemeth to be a summons to parliament at oxford , by the strangest writ of summons , and without example , that he had been , and was ever-willing to prove the distinction , betwixt the barones majores & minores , to have its originall or foundation about that time : whereunto pace tanti viri i may not subscribe , for that it is more likely to be but a military summons , much of that roll being busied in writs of summons of array to the ports and others against a feared approaching invasion of the french , to whom the pope had given the kingdom of england , and so many tenants in capite would have made too great a number to appear in a parliament or great councell , and have been much fitter for a muster , and to come with arms was not parliamentary , and there was nothing like a distinction in that writ or summons betwixt the majores and minores barones , for they held in capite also as all the other did , and the quatuor milites out of every county might all or some of them hold in capite , and if it had been to a parliament , the barons would have had particular writs of summons directed unto them , and the praelates also , who were usually summoned at the same time , and as other of the baronage would have taken it ill to be driven to their duties by sheriffs authorized by writs of venire facias , and samuel daniell much disagreeing with mathew paris therein , gives the reason of those writs , and that intended great assembly to have been only the great care of king john , to gather all the force and strength he could to march with him to dover , to resist the french , and to that end having before summoned all earls , barons , knights , and who else could bear arms , to be ready at dover presently upon easter , furnished with horse , armour , and all military provision to defend him , themselves , and the kingdom , against the intended invasion under the penalty of culverage , which was perpetuall shame and servitude . whereupon so great numbers came , as for want of sustenance , being returned home , he retained only some of the more able sort , which amounted to the number of . and some of the writs or commissions of array sent to the ports had a clause therein , & unusquisque sequatur dominum suum , et qui terram non habent & arma habere possint ( as mathew paris hath it ) illuc veniant ad capiendum solidatas regis , and the words corpora vero baronum sine armis , in the writts of resummons of the more speciall part of the men formerly summoned , having nothing of the penalty of culverage , might be well understood to be , that the barons , who were not to be arrayed by sheriffs amongst common soldiers , were in such a case of extremity to be desired to be there sine armis to encourage , and lead on those that held of them . and they with the quatuor milites discretos , were besides ad loquendum cum rege , which being to be without burgesses , and not ad faciendum & consentiendum to those things which the king and his councell of praelates and barons should ordain , can arrive to no nearer a resemblance , of the forced writts of the elections of some of the commons , to come to a parliament in the th , year of the reign of king henry the d , then knights of every shire , without burgesses , do unto . with as many burgesses out of every city and burrough , some citys having a county appertaining unto it ( but are not many ) and sending four , whereof were to be for the connty and for the city , and as little resembling in the business or matters for which they were to come , as ad loquendum de negotiis regni cum rege , doth with ad faciendum & consentiendum to such things as the king and his councell of barons , lords spirituall , and temporall , should in parliament advise , and ordain . in the first year of the reign of king henry the . when no acts of parliament are found to have been then made , that king directed his writ to the sheriffs of devonshire , and unto all his sheriffs of the counties and shires of england , quod venire faciat usque oxon , a die iovis prox . post nativitatem sancti johannis in tres septimanas , archiepiscopes , episcopes , abbates , priores , barones , com : omnes , milites , libere tenentes , & omnes alios qui servitium nobis debent , equis & armis , cum fideli nostro will. marist . & aliis magnatibus de consilio nostro , quae eis praeteperimus , & hoc , sicut honorem suum & sui indempnitatem diligunt , nullatenus omittant , teste com. apud glouc. and in a writ directed to the sheriff of berks , commanded him , quod venire fac . usque oxon. die dominica prox . post festum sancti petri , ad vincula totum servitium , quod archiepiscopi , episcopi , abbates , & viri religiosi , com. & baron . & omnes alii de balliva tua quaecunque fuerint nobis debent ; venire fac . illuc ad diem illum similiter , omnes illos de baliva tua , qui non sunt homines praeditorum , & per catalla eorum & alia jurati sunt , promptos , & paratos ad eundum in servitium nostrum , quae eis praecepimus , quae &c. t. apud oxon. so as it may , with some confidence be asserted , that the commons of england , otherwise then comprehended in the authority , votes and suffrages of the nobility and bishops , had before the imprisonment of h. . as aforesaid , no summons by election or otherwise , to come unto the great councels , or parliaments of our kings or princes : wherefore they must be more then a little confident , of their art in tentering other mens judgments and opinions , to affirm with any probability , that the commons , or any elected number of them , either in the now mode of election , or that which had its first creation in the imprisonment of king henry the . otherwise then as he , or the former kings did sometimes use , as they pleased , to call some of the more wise and able of them for advice or information , as king john did ad loquendum , or as king henry the d. in the th , year of his reign , did call the londoners to westminster , about taking upon them the cross , and attending him in those wars , representing in that particular only , their own estates , or qualities . when in a parliament holden by the queen , and her councell , in his absence in france , in the th , year of his reign , though mathew paris , and mr daniel have given us no intimation of a parliament then holden , ( wherein do not appear to have been any commons or house of commons ) the lords gave an aid by themselves , the clergy doing the like , as is evidenced by the following records in these words , viz. rex dilecto & fideli suo willielmo de oddinggeseles salutem , cum venerabilis pater b. cantuariensis archiepiscopus , episcopi provinc . cant. r. com. cornub. frater noster , r. com. glouc. & alii com. & barones in quindena sci . hillarii jam praetoriti apud london , coram dilecta regina nostra & consilio nostro commorante in anglia , constituti nobis promiserunt liberaliter & benigni facere auxilium decens & perutile , viz. quidam prelati in propriis personis , & quidam in pecunia ; comites vero & barones in propriis personis suis , potenter contra regem castelliae , qui terram nostram vasconiae in manu forti in quindena pasche proxime futur , hostiliter est ingressurus , vos ex toto corde requirimus , quod sicut supradicti commites & barones nobis promiserunt quod erunt london a die paschae prox : futur in tres septimanas parati & bene muniti , sine ulla dilatione versus vasconiam ad nos personaliter movere ; vos ad dictas diem et locum modo consimili veniatis omni occasione & dilatione postpositis , ad tendendum versus portesmum cum praefatis magnatibus , ad transfretandi cum eisdem ad nos in vasconiam , et hoc , in fide qua nobis tenemini , vobis firmiter injungimus , & sicut honorem nostrum , & indempnitatem corporis nostri diligitis . t. per reginam . die febr. et mand . est per henr. regem in an. . regni sui archiepiscopis et episcopis totius angliae , quatenus cum festinatione omni convocent omnes abbates et priores suae diocesis cujuscunque sint ordinis , inducentes modis omnibus quod nobis in praesenti necessitate subveniant , manu lar 〈…〉 lua ; ne per defectum ipsorum vel aliorum corporis incurramus periculum , et terrae nostrae jacturam , quod absit , quia id verteretur in vestrum ipsorum opprobium sempiternum , sic igitur vestra vigilet discretio circa praedictum auxilium tam a vobis deferendum quam a subditis vestris per quirendum , quod futuris temporibus vobis & ipsis simus non immerito obligati . proviso quod praefatum auxilium habeamus apud westmonasterium in quindenam pasche proxime futuram sine defectu , & hoc sicut nos & honorem nostrum , nec non & indempnitatem corporis nostri diligitis , non omitatis . dirigitur etiam litera ista archiepiscopo cantuar , cum hac clausula , & quod ordinariam jurisdictionem exercetis vacante sede in episcopatu linc. vos requirimus affectuose quatenus officiariis vestris et archiediacono ejusdem episcopatus scribatis , attente quod tempestive convocent omnes abbates , & priores ejusdem episcopatus , cujuscunque sine ordinis ad certos dies & locum abducentes eos nudis omnibus quod in hoc necessitate vestrae concilium nobis faciant subventionem . and the failing to perform military services was afterwards by the statutes of . e. . ca. . & . e. . ca. . made so penall and fixed upon them , as after a cessavit per biennium in the performing of their service , the king or chief lord might by writs ordained to be granted out of the chancery , demand and prosecute to recover the same , and such tenants after judgments had against them were to be for ever barred to demand , or enjoy the same , and where either the king demands escuage of his tenants , or the mean lords demands escuage of their tenants , it was to be assessed in parliament , and proved or disproved by certificate of the marshall of the kings host , who is enabled thereunto by his roll kept for that purpose . when in parliament , the members of the house of commons either holding lands , in capite , or of mesne lords , by knights service , were not upon denying to grant subsidies , or aydes to the king , to forfeit or lose their lands , according to the aforesaid acts of parliament or otherwise . and such kind of courts for lands holden in capite or by knights service , should not by the most ordinary and mean capacities , be understood to be one and the same with the great court or councell of parliament , which many times by the power and authority of the king in that his highest court , corrects , and rectifies the defaults of the other . our high courts of parliament , having the judges of the land subordinate to their prince , whether they have lands holden in capite or no land , summoned by his writs to give their councell and advice as to matters of law , and the ancient customs of the kingdom , wherein the king is attended with his great ministers or officers of state , as the lord chancellor , treasurer , privy seal , great chamberlain of england , lord steward , and chamberlain of his houshold , and lord admirall , whether of the degree of barronage , or holding of him in capite , or not , with other great & solemn formalities becoming the honour and state thereof , with which that most honourable assembly is accompanied , greatly different from those lesser courts or councell of summoning and calling together , those that were only proper or obliged to actions of war , or to know how their services were performed , when our parliaments being summoned to treat and advise of matters , concerning peace and the defence of the church , and de quibusdam arduis only , and have sometimes no matters of war consulted thereon . those military councells , anciently summoned for service in war and defence , being in a very different form from parliamentary councells , as for further satisfaction may be manifested by the writs aforesaid . and was no more then what every earl and baron had in their courts and jurisdidictions , when they summoned the tenants , holding of them by knights service , to their courts of honour , or their honorary possessions which were in our records frequently stiled , as the honors of eagle , eye , leicester , hedingham , penerel , arundel , &c. to which purpose they had their escheators , feodares , and stewards to preside , or officiate therein , subordinate unto them , when they called their tenants together either to ayd , ride , or go along with them in the wars and service of their prince and country , or to pay them their reliefs or ayds , pairfile marier , which the law interpreteth to be only the elder , or to make the eldest son a knight , or to do their homages , or pay for the respite of them , and to give the lord to understand what alienations had been made of the lands holden of him , whereby to entitle him , and those that did hold of him , to the benefit of the statute of quia emptores terrarum . and altogether dissimular to that of the parliament first begun , with those few of the commons , which adventured to come unto it in anno. . h. . when he was a prisoner in the custody of montfert earl of leicester a powerful rebell , discontinued and interrupted , as rebellious designs ought to be , after his release , untill king edw. the . found it convenient to make use of that kind of writ of summons to ballance the then swelling power of some of his over-unweildy baronage . for in the former or those great councells or parliaments that were before the th year of the reign of king h. d. the lords spiritual and temporall took upon them the care & charge of the commons , as included in themselves , as their subjects , they being by that then first kind of writ only elected to consent & yield obedience to such things , as the lords , not themselves , should ordain ; for had it been ( as it never was ) otherwise , it would have been altogether ungatory and ridicule , to allow a power to the commons to ordain , when they were impowred only to assent unto and obey , and cannot at all be understood to obey , and be subservient to that which themselves had decreed , the lords spirituall and temporall , untill the king had given unto what was advised by them , his royall sanction and assent , being not at all obliged to any obedience thereunto . and untill the statute de tallagio non concedendo , without the assent of the lords spirituall and temporall , and the commons in parliament assembled , was by king e. . assented unto , had nothing to do in the granting of ayds and subsidies in parliament concurrently with the lords spirituall and temporall , in the aforesaid writ of . h. . is said to be for to supply their own necessities as well as the kings . but in the military courts , which were as aforesaid summoned by king john or any other of our kings before . h. . the knights or those that held in capite , or knights-service , that should fail to do their services , was to forfeit their lands so holden , and be in the kings mercy , or pay escuage , which though it were to be assessed by parliament , was not then understood to be a parliament composed of an house of commons , but a parliament after the ancient way , consisting only of the lords spirituall and temporall , the kings great officers of state , judges and councell . which our kings and their councell both generall and speciall , were not ignorant of , either as to its right use , or necessity , for publique good or preservation , when king john being rightly informed , and in fear enough of an invasion intended by the king of france , his profest and known enemy , et de omnibus quae in transmarinis partibus agebatur edoctus , did not only inbreviare omnes naves , universis portubus totius angliae per brevia sua sed alias literas universis vicecomitibus regni sui misit et direxit sub hac forma , johannes dei gratia rex angliae , &c. summone per bonos summonitores , omnes barones , milites , & omnes liberos homines , & servientes , vel quicunque sint , vel de quocunque teneant , qui arma habere debent , vel arma habere possint , & qui homagium nobis , vel ligeantiam fecerunt , quod sicut nos & seipsos & omnia sua diligunt , sint apud doveram ad instans clausum paschae , bene parati cum equis & armis , & cum toto posse suo , ad defendendum caput nostrum , & capita sua , & terram angliae , & quod nullus remaneat , qui arma portare possit , sub nomine culvertagii , & perpetuae servitatis , ( when both in england and france , nihil magis quam opprobrium significavit ) et unusquisque sequatur dominum suum , & qui terram non habent & arma habere possint , illuc veniant ad capiendum solidatas nostras , & tu omnem attractum victualium , & omnia mercata ballivarum tuarum venire facias , ut sequantur exercitum nostrum , ita quod nullum mercatum de ballivis tuis alibi teneatur , & tuipse tunc sis ibi cum predictis summonitoribus , & scias , quod scire volumus quomodo venerint de ballivis tuis , & qui venerint , & qui non & videas quod tu ita efforciate venias , cu 〈…〉 equis & armis , & haec ita exequatis , ut inde ad corpus tuum nos capere debeamus , & tu inde habeas rotulum tuum , ad nos certificandum qui remanserunt . whereupon , saith that historian , his ergo literis per angliam divulgatis , convenerunt ad maritima in locis diversis , homines diversae conditionis , et aetatis , sed cum per dies pauces tantae multitudini victus defuisset , remiserunt ad propria , principes militiae , ex inormi vulgo copiosam multitudinem milites solummodo servientes , & liberos homines cum balistariis & sagittariis , juxta maritima retinentes omnibus , igitur congregati ad pugnam aestimati sunt in exercitu apud barham d●nam inter milites electos & servientes strenuos , & bene armatos sexaginta millium virorum fortium , quibus si er ga regem angliae & defensionem patriae cor fuisset & anima una non fuisset princeps sub coelo contra quem regnum angliae se non defenderet . and it was no mervail to the people of england , who then had not learned to be affraid or make bug-bears of publique good , or kick and winch at every thing that tended that way , when king edward the first in the th , year of his reign , citari fecit omnes qui sibi servitium debebant , caeterosque omnes qui viginti libratas terrae & amplias tenebant , ut parati essent londoniis in festo sancti petri ad vincula cum equis & armis transfretaturi , cum eo & regis stipendiis militaturi . and do very much differ from a writ to summon the lords spirituall and temporall to parliament , as ad colloquium or consulendum , does from coming parati cum equis & armis which the ancient cares and usage of parliaments , since that over-powerfull , and unhappy designs of some unruly barons coming in arms to the parliament at oxford , in the . year of the reign of king henry the . and the sad consequences thereof taught our kings to take heed of it ever after , by prohibiting the coming to parliaments with arms , and differs no less from the purpose , tenour or purport of the writs , or commissions to elect knights of the shires , citizens and burgesses , which had their first originall and commencement to come to our parliaments , in anno. . of king henry the . when that king was a prisoner to an army of rebells , & was not then untill after a long intervall of time in anno. . e. . re-continued sub eadem fo 〈…〉 a , which was in no other tenour , or to any other purpose , then ad faciendum & consentiendum iis to those matters or things , which the king by the councell and advice of the peers viz. the lords spirituall and temporall should ordain , and although there have been ab ultima antiquitate great councells or parliaments . now , although not formerly , called parliaments in this nation or kingdome , yet they were not materially or formally the same , and if it could be proved that the members thereof consisted of . estates , besides the king their sovereign lord , before the th , year of the reign of king henry the . which all our parliament records do deny , yet they that were admitted or came under the elections , illegally forced writs and designs of montfort , and his rebellious partners , by their then only newly contrived house of commons , can never entitle themselves to the same origene , identity , purpose and usage of our former parliaments , before that house of commons in parliament were admitted to consent unto and do what the king by the advice of his lords spiritualand temporall therein should ordain . and there might be allways reason enough found , that there should be a distinction betwixt the great councells of parliament , which were not only for extraordinary emergencies touching the defence of the kingdom , and church , and redress of grievances in civill affairs and contingencies , and that which was for military aids and services , for saith our old and learned bracton , in rege qui recte regit necessaria sunt duo haec , arma videlicet & leges quibus utrumque tempus bellorum & pacis recte possit gubernare , utrumque enim illorum alterius indiget auxilio , quo tam militaris res possit esse in tuto , quam ipsae leges usu armorum , & praesidio possint esse servatae , si autem arma defecerint contra hostes , rebelles , & indomitos sic erit regnum indefensum , sic autem leges sic exterminabitur justicia nec erit qui rectum faciet judicium . and our kings , whose royal progenitors had heretofore all the lands in england holden of them in capite , might , in their greater concernments , better deserve to keep their seperate and particular military courts for aids and services , then those many of their subjects do , that would be unwilling not to be allowed to do it in their own estates , which had no other fountain or originall then the bounty and indulgence of their kings and princes ; and bracton hath inform'd us , that quod ille homagium suum facere debet obtentu reverentia quam debet domino suo , adire debet dominum suum ubicunque inventus fuerit , in regno vel alibi , si possit commode adiri , et non tenetur dominus quaerere suum tenentem . and in the homage , secundum quosdam , there is to be salva fide debita domino regi & haeredibus suis. et quod faciet servitium debitum domino suo , & haeredibus suis , & non debet homagium facere privatium , sed in loco publico & communi , coram pluribus in comitatu , hundredo , vel curia , ut si forte tenens per malitiam homagium vellet dedicere , possit dominus facilius probationem habere de homagio facto , & servitio recognito . which with the aid of tenures , and feudall laws , and the homage & services due from the subjects to the crown , their oaths of allegiance and supremacy , and our many and excellent laws for self-preservation , and publique safety did so firm , and fix the militia , and jus gladii in our kings and princes , ordained and appointed by god , for the execution of justice , defence , and protection of the people , their religion , persons , lives , laws , liberties , and estates , as they that would by perverted , wrested , and falsly concluded arguments overturn our government , and have labour'd by all the shifts and falsities , which the devill and his imps could contrive and furnish , to propagate their designs , and principles of wickedness and confusion , may find that all the laws , records , annalls , and historians of the kingdom do assert , and prove the jus gladii to appertain to none , but our kings , and that the attempt to take it from them hath been ever accompted and punished as a rebellion ; and that they are not masters of their wits , or are lunatiques without intervalls , that can think their industry and pains well bestowed , to go about to prove that there ought to be , or ever was an allegiance oath , or homage made or taken to the people universally considered , or was unto them due or could be by any right rule of law , custom , or right reason , claimed by them or any way appropriate unto them . unto which well known and allways due rights of our kings and princes , were very subservient those great aids and support of the kingdom , the knights fees and lands , held of our king in capite , the strength and honour whereof , could neither well be preserved , called upon , or certified unto our kings in their exchecquer , as the book called the red-book , in that court , kept only for that purpose , will inform us , without an often summoning those necessary and useful courts , or keeping them from a disuse , which heretofore were wont to serve as prognostiques or indications , or a feeling of the strength and pulse of the kingdom , by our kings and princes , the careful phisitians thereof ; the neglect whereof by the dissolution of the abbies , monasteries , and religious houses , and those large quantities of lands being no less then a fourth part of the kingdom , and the parcelling thereof into small quantities , afterwards granted with a tenure in soccage , and our kings granting of other great quantities of the monastick manors and lands , to be holden in free and common soccage of the king , as of his manor of east greenwitch , together with the carlesness of the court of wards and liveries , and the eascheators and feodaries of the after ages , so little minding their duties and oaths , as if one parcell of lands were by a jury found to be holden in capite , they were well content to suffer all the rest to pass with a per quae servitia ignorant , and the carelesness in the levying of fines , and not suing out of writs , in such cases accustomed called per quae servicia , which , if the tenures in capite and by knight service had not been so ever to be lamented unhappily exchanged , for a moyety , after the kings decease , of a corrupt and unwholsome drunken excise , those terms in capite with their military aids and services , the quondam strength and glory of our kings and nobility , would have dwindled and shrunk into a consumption and tabes , of our heretofore gigantine body politique , and have for a great part by themselves , without the so often murmuring and unwilling taxes and assessments been too weak or feeble to preserve their grandeur , and protect and defend them and their peoples properties , trades and interests , from domestick disturbances and forreign invasions or injuries . howsoever rather then want a shift , or that which they would have to be called truth and reason , when it can be neither of them , they think something may for their purpose be picked out of old bracton , to help in a case of necessity , & & it were a pity , that the best cause of god , as they call'd it , should be lost , for want of a little help to support it , & therfore rather then suffer it to sink and perish , every one that was well affected and a well-willer thereunto , should make use of all the contrivances imaginable , and do all that they can to perswade and believe , otherwise it will conduce to little purpose . sect . xvii . that the comites or earls have in parliament or out of parliament , power to compell their kings or sovereign princes to yeild unto their consults , votes , or advices , will make them like the spartan ephori , and amount to no more then a conclusion without premises or any thing of truth , law , or right reason to support it . but the straw and stubble upon which the late long parliament-rebellion hath built a great part of their wicked and godless pretences by misusing and ill understanding of a piece of our learned bracton , snatched and torn from the true and genuine meaning and intention of the author , will deceive their expectations and hopes in relying upon it , if where he saith , item nec factum regis nec chartam potest quis judicare ita quod factum domini regis irritetur sed dicere potuit quis quod rex justitiam & bene et si hoc eadem ratione quod male & ita imponere ei quod injuriam emendet , ne incidat rex & justic. in judicium viventis dei propter injuriam . rex autem habet superiorem deum scilicet , item legem , per quam factus est rex . item curiam suam , viz. comites , barones , quia comites dicuntur quasi socii regis . wherein if the word superiorem should relate or be intended by bracton to the law and the kings court of parliament , it would be as a little grammer as good latin law , or right reason , and the authors meaning who lived in the time of the imprisonment of king henry the d. by simon de montfort and other his rebellious earls and barons , and by some citations in his book may be believed to have then or after written it , his aforesaid book cannot be rationally thought by the intire and whole context thereof to have any design to incourage so wicked and long continued a rebellion or intend to render the king inferior to the law , in contradiction unto his own assertions , that rex parem non habet & rex facit legem , and make his curia court or parliament whom he can call , continue , prorogue , dissolve , wherein he hath a negative voice , and as sr edward coke saith , is principum , caput & finis , and as it were the anima , or soul thereof , and to suppose him to be inferiour to a court of his own calling or disposing kept in his own house or palace , and composed of many of his especiall domestiques , is and would be beyond the fancies of little children , or the reach of the silliest sort of imagination . and need not be afraid of their earls and barons supposed bridling of them in parliament , when the barons may be called or summoned as our kings pleased , and the earls and greater nobility also before the reign of king richard the . and our kings have both before , & since , always had as much liberty to summon the lords spirituall , and temporall , as they had before that time 〈◊〉 , not to summon the praelates , or as they had before or since the reign of king richard the . to dispence both with the not coming of the spirituall and temporall lords , by an allowance of their proxies given to members of their own house . et qui habet socium , habet magistrum , & ideo si rex fuerit sine fraeno , id est , fine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno . et tunc clamabant subditi , & dicent domine jesu christi . &c. it shall be rightly considered that however the word magistrum and the word socii by some inadvertency of the author may , unto those who would be willing to have it to seem to give a power to the comites & barones , which the later never either in their use or institution claimed or practised ; it may recieve a more genuine or proper interpretation to be no more then an advisor or instructor and more agreeable to the mind of the author . for the comites were in the roman empire very antiently stiled consules & comites , and after in that and the eastern empire , and all its limbs and branches rent and divided from it , and in this nation enjoyed the name or title of consul a consulendo , and comes only a comitando or being in comitatu principis , & comitatum ipsam aulam & familiam principis , which in tacitus's time was called a cohors cortis , or curtis , or court , and not seldom by our old historians , as odericus vitalis , hoveden &c. ealdermen in the saxon times and sometimes comes , which saith our learned selden were but at the first officiary dignities both here and in the empire , and governed as praefecti comitatus & provinciarum , and the counties were in edward the confessors laws called consulatus , some vestigia or intimations whereof may be perceived in the grant or confirmation of the earldom of oxford to alberick de vere by the tertium denarium comitatus , the d penny of the fines and amerciaments of that county . and were neither in england or the western or eastern empire , or any of their historians , or by any of our or their antiquaries or enquirers into the secrets or cabinets of time , and its forsaken memorialls ever accompted to be either as socii or magistri , or so recorded in any of their or our records , annals , or histories . and therefore we may without calling up the ghost of our old henry de bracton ( who had in the reign of king henry the third made his enquiries into all the ancient laws , and customs of england , and searched the vetera judicia , ( mentioned divers cases and precedents formerly adjudged , ) in the perusall of his learned works , meet with his own expositions of what he there wrote or could be thought to have been any of his intentions . for he in the words immediately proceeding not only saith that de chartis vero regis & factis regum non debent nec possunt justiciarii nec privata persona disputare , nec etiam si in illo dubitatio oriatur possunt enim interpretari & in dubiis & obscuris vel si aliqua dictio duos contineat intellectus , domini regis erit expectanda voluntas & interpretatio , cum ejus sit interpretari cujus est concedere , & etiam si omnino sit falsa propter rasuram , vel quia forte signum appositum est adulterinum , melius & tutius est quod coram ipso rege procedatur ad judicium . but in several other places of those his learned labours plainly declareth that leges anglicanae & consuetudines were made and confirmed regum authoritate , ipse autem rex non debet esse sub homine , sed sub deo , & sub lege , quia lex facit regem . attribuat igitur rex legi quod lex attribuit ei , viz. dominationem & potestatem , non est enim rex ubi dominatur voluntas & non lex : et quod sub lege esse debeat cum sit dei vicarius . omnis quidem sub eo , & ipse sub nullo nisi tantum sub deo , parem autem non habet in regno suo quia sic amitteret praeceptum , cum par in parem non habet imperium . item nec multo fortius superiorem nec potentiorem habere debet , quia fic esset inferior sibi subjectis , & inferiores pares esse non possunt potentioribus . et sciendum est quod ipse dominus rex qui ordinariam habet jurisdictionem , & dignitatem , & potestatem super omnes qui in regno suo sunt , habet omnia jura in manu sua quae ad coronam & laicalem pertinent potestatem , & materialem gladium qui pertinet ad regni gubernaculum , habet etiam justitiam & judicium quae sunt jurisdictiones ut ex jurisdictione sua sicut dei minister & vicarius . habet etiam quae sunt pacis ut populus sibi traditus in pace sileat , & quiescat , habet etiam coertionem ut delinquentes puniat & coerceat . si ab eo breve petatur , cum breve non currat contra ipsum , locus erit supplicatione quod factum suum corrigat & emendet quod quidem si non fecerit satis sufficit ei ad poenam quod dominum expectet ultorem nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire . and stamford a judge speaking of the opinion of wilby delivered in mich. . e. . that in king henry the ds reign he had seen a writ which was precipe henrico regi , and it was said in hilary term . e. . that in the time of king h. . the king might be impleaded as any other common person , but king e. . his son ordained such as were grieved , or to sue to the king by petition , howbeit saving the authority or reformation of those books , he thought that the law was never that a man should have any such action against the king , & saith that bracton in his d book under the title of contra quem competit assisa concludes as to the king in the negative ; and so saith stamford , no action lyeth against the king , but the party damnified is to sue unto him by petition . and in one place bracton discoursing where the king doth a wrong , he saith , nec poterit ei aliquis necessitatem imponere quod illam corrigat vel amendet ( speaking doubtfully not positively with a nisi sit ) qui dicat quod universitas regni & baronagium suum hoc facere debeat & possit in curia ipsius regis . but he doth more clearly express himself afterwards , when he saith , rex enim decipi potest cum sit homo , deus autem nunquam cum sit deus , and where any thing should be said to be injuria domini regis , saith again , that superiorem non habeat nisi deum , & satis erit illi pro paena quod deum expectet ultorem , & quicquid dicitur de facto regis eo quod est rex & proinde factum judicium disputari non debet , nec factum a quoquam judicare nec revocari poterit , cum sit justum , si autem factum injustum fuerit , perinde non est factum regis , & cum non sit factum regis , quia injustum , inde disputari poterit & factum judicari , sed idem emendari non poterit nec revocari sine eo . so as to rescue the words of that learned author from those wicked and absurd interpretations , which the late parliament-rebells and monarchy-underminers would have put upon them , it must either be thought that that worthy book of his , hath in that particular place and words so catcht at , fallen under the fate of many eminent books or manuscripts even amongst those of the venerable fathers of the church , who have not in a long race or course of time and contingences been able to escape the hands of corruptors , as the books or works of the excellent origen did by the over-busy designs and rashness of russinus , the many spurious manuscripts of the vatican library , and of other popish authors so acknowledged to be by baronius , and some other of their own writers . or rather that the good man intended no more by the word magister then an instructor or an assistant , as the jews called their doctors rabbies ; or as origen was called , by way of eminency , the master of the eastern churches , and st. cyprian called tertullian so who was never his master ; and our famons lawyer , littleton , gave no less a name to judge newton his predecessor . and that he used the word socii , but as aeneas is sayd to have done to his afflicted trojans in their wandrings to seek new habitations , when in his oration to comfort them , he saith , o socii neque enim ignari , sumus ante malorum ; or as julius caesar did when he encouraged his soldiers with the acceptable title of commilitones . or as our laws and reasonable customs have done in the titles and use of the masters of chancery , subordinate to the lord chancellors or keepers of the great seal of england , who sit and say nothing ; or as in the acts of our courts of justice are done , where they are recorded and said to have been done by the chief-justice & socios suos ; or as in the case of an associate unto a chief justice , or any of the kings justices sitting by and under the kings commissions of oyer & terminer , where an equality , co-ordination , or superiority so contra-distinct and opposite each unto other can never be claimed or allowed . and the framers and fancyers of that kind of argument will gain little by it , when the word magister properly and truly signifies no more then a doctor or instructor ( not a superior ) as sr henry spellman hath given us the definition , received meaning , and acceptation of it , when he saith , in jure canonico vel civili magistri dicuntur in theologia vel artibus videtur tempore clementis . . & concilii viennensi magistri & doctoris vocabula confundere aevo scilicet edwardi . usitatiorem tunc fuisse apud nostrates magistri titulum , reverendum & hoc vocabulum semper de peritia venit & in nomine cognoscitur quod sit moribus aestimandum . and therefore those many testimonies before-recited of bractons contrary meaning , if he may be , as certainly he ought to be , allowed to be his own expositor may free and vindicate him from being either a presbyterian or a conventicler or republican , and make him to be the better believed , for that he wrote that book after the th , year of king henry the d. as will appear by his citations therein flagranti seditione , when the times were full of danger and suspicion , there were great thoughts of heart , and commotions of mind , and the regall authority was endeavoured to be depressed . lived after the st year of the reign of that king , when the jealousies of that part of his nobility which shortly after took arms , & entred into an open war & rebellion , against him , had made him walk in that dreadfull procession with burning torches through westminster-hall to the abbey church or cathedrall , cursing the infringers of magna charta , and charta de forestis , and being a judge itinerant in the d , year of that kings reign , was believed to have written that book in the beginning of the reign of king edward the first , could not be ignorant of what had been done , and transacted in the d year of the reign of king henry the . in the aforesaid provisions at a parliament ( so called ) holden at oxford , and in the th , year of the reign of king henry the d , during his imprisonment by an unruly part of the nobility . but if the earls could have been said to have been tanquam socii & fraena in power and authority with the king , which they never were , that could not entitle the barons who in the language of our laws , records , and histories , forreign , or domestique , were never called comites , or socii of their sovereigns . but as earls had surely something else to do , and were not ( as fraenas use to be superior to horses whose much greater strength could not otherwise be subdued by mankind ) to govern and rule their sovereign as the greatly abused words of bracton would have it , when their ordinaria potestas in king aelfreds and those elder times now very near . years agoe , was in comitiis comitativis praesidere in bellis sui comitatus militibus imperandi , in curiasine comitar● regis conciliis publicis suorumque negotiis attendendi , & mandata regia subditis suis communicandi rex enim ipsi comiti in curia sua plerunque residenti , mandata detulit ille vicecomiti , his centurionibus , centuriones decurionibus , maxima cum expeditione pertulerunt . and neither the earls or barons were or claimed to be consortes imperii , or like the spartan ephori . or if the title of comites did or could give such a right or privilege unto them , which may with great evidence be utterly denied , and the contrary as easily justified , the commons or universality of the people , will , untill they can be so mad as to think themselves to be earls , socii or comites of their kings and princes or barons , be little the better for that mischievously overscrewed text or words of bracton . or the earls or barons being not likely in their honourable assembly of peers to claim , or have more then a deliberative and consultive power in matters only concerning the king and his monarchicall government , but where it was inter pares or amongst themselves , or by his speciall licence , when at the first coronation of king richard the st , the comites & barones serviebant in domo regis prout dignitates eorum exigebant , & die coronationis suae johannes rex accinxit willielmum marescallum gladio comitatus de striguil & gaufridum filium petri gladio comitatus de essex qui licet antea vocati essent comites & administrationem suorum comitatuum habebant , tamen non accincti erant gladio comitatus & ipsi illo die servierunt ad mensum regis accincti gladiis . and therein mr selden that monarch of learning and dictator of reason is to be so interpreted as it may consist with reason and truth , when he declared that the lords in their deliberative or judiciall power in the court or house of peers in parliament , had a power to give or pass judgement for or against their sovereign ; for that in the precedent cited by him of king edward thr confessors appeal or accusation of earl godwin in the great councell or parliament of that king for the death of his brother alfred , to whom he as well as the king had appealed for justice , as the words of the judgment thereupon given against earl godwin and the opinion of the lords not contradicted there mentioned as malmesbury , hoveden , huntington , brompton and florentius do testify was that comes nec baro , nec aliquis regi subditus bellum , battail , or single combat ( saith the margin ; a kind of tryall then much in use amongst contending private persons , where other evidence failed ) contra regem in appellatione sua de lege potest vadiare sed in toto ponere in misericordia sua & emendas offerre competentes ; whereupon it was advised that ipsimet & filius suus & duodecim comites & amici & consanguinei sui essent coram rege humiliter procederent onerati cum tantum auri & argenti quantum inter brachia quilibet poterit bajulare illud sibi pro suo transgresso offerendo deprecando ut ipse male volentiam suam , rancorem & iram comiti condonet & accepto homagio suo & fidelitate terras suas sibi integre restituat & retradat illi autem omnes sub ista forma thesauro se onerantes & ad regem accedentes seriem & modum considerantes locum eorum sibi demonstrabant quorum considerationi rex contradicere nolens quicquam judicaverant ratificavit wherein the utmost use that can be made of that action and precedent to confine the kings judicative power in parliament to that of the peers and lords spirituall and temporall is that the king upon earl godwins answer to the kings accusing him for the death of alfrred his brother , and the earls eaecusing himself with a domine mi rex salva reverentia & gratia vestra pace & dominatione fratrem vestrum nunquam prodidi nec occidi unde super hoc pono me in consideratione curiae vestrae was not willing to be a judge or giue sentence in an appeal of his own and such a concernment as the death of his brother for which one of the peers was to be arraigned and fitter to be tryed as the l●w required by his peers which by the ancient custom like trialls might be done without any derogation from the kings higher and supreme authority , and therefore gave a leave or licence to them in that single particular or extraordidinary case to do it . and our kings and princes to avoid the imputation of tyranny oppression or partiality , may be the more willing to indulge the like in all cases and matters of attainders and forfeitures of lands and estates where our laws do give unto them the benefit accrewing . and the honourable peers and judges in that court subordinate unto the king may as to matters therein determinable be the better content therewith for that not being sworn nor punishable , as judges in other courts are , and in what they do advise therein , they neither are or can be punishable in a judicio colloquiale , wherein as paulus screrbic hath said in his statua poloniae , judex in colloquiis aut regis praesentia judicans argui de male judicato non potest . and the word kupia as sir henry spelman saith , with the greeks and romans signifying potestas & dominium , and the lord or owner of it , qui potestate fretus est judiciumque exercet , and the place habitaculum , domini , the residence or court of the lord or superior , ubi sana rei narratio placitum forenses vocant , dicebatur autem curia primo de regia , palatio principis , inde de familia & judiciis in ea habitis ritu veterrimo , or the place where kings did administer justice , surely kings were not therein to be co-ordinate , or any less then superior . and the very learned sir john spelman the son of that excellent learned father writing the life of king alured or alfred , hath together with the unquestionable historical part and truth of the relation given us the observation that et comitum potestatem ad huc minuebat nam neque iis integra restabat negotiorum bellicorum tractatio . horum enim magna pars heretochiis , sive ducibus inferioribus a plebe in comitiis suis electis committebatur . hi enim recensionibus , meditationibis , armorumque lustrationibus praefuerunt ; milites in centuriis suis coeuntes , ad locum toti exercitui destinatum deducebant ; in bellis demum ducum inferiorum officiis fungebantur ▪ prout e legibus boni edwardi aliisque locis facile colligitur . haec institutio ( cum a populo , non comitibus ductores hi eligebantur ) non parum e comitum potentia abstulit . comitibus ergo , quorum potentia regibus semper maxime formidabilis , relinquebatur ordinaria potestas in comitiis comitativis praefidendi ; in bellis sui comitatus militibus imperandi , in curia sive comitatu regis conciliis publicis , suo rumque negotiis attendendi ; & mandata regia subditis suis communicandi quod mira celcritate post novam hanc imperii institutionem factum est . et quidem si aelfredi nostri vestigiis posteriores regis institissent , neque tot seditiones ortae , neque tantum sanguinis in bellis civilibus exhaustum , neque regis ipsi toties temporibus subsequentibus periclitati fuissent . sed tam bene constituta partim bella civilia ( quae statim post ejus obitum recrudescentia pene omnibus legibus executionem impediebant , videantur edvardi senioris querelae , lege quarta ) danique post renovatas invasiones sub canuto victores , maxime vero normanni , labefactarunt . gulielmus enim , sive ut magnates , in invasione regni hujus maxima momenta , pro meritis , & pactis etiam , remuneraret ; sive ut anglos dominio suo efficacius subderet , nobilibus suis normannis maximam potentiam ( que postea tot malorum origo ) indulsit . henricus vero primus , quantum potuit , leges aelfredi nostri & instituta revocavit ; sed tempora consuetudinesque perversae omnia , quae expedire poterant , inferri non patiebantur . and the authority of our kings in parliament were not only in the ages before but in king alfreds or alureds time , superior and super-eminent in his great councells over his subjects , as asser menevensis living in his court and writing his life after his death saith , that saepissimo in concionibus comitum & praepositorum ubi pertinacissime inter se dissentiebant ( ita ut pene nullus eorum quicquid a comitibus & praepositis judicatum fuisset verum esse concederet ) qui pertinaci dissensione obstinatissimo compulsi regis subire judicium singuli subarrabant , and when appeals and writs of error came before him from his earls or ealdermen saith mr. selden out of asser menevensis , when he found error and injustice committed by them would sharply reprove them . for in our monarchicall government with the ancient long continued and well-experimented existence and constitution of the house of peers and peerage in the kingdom of england , the common people were so subordinate to the baronage and peers as the commons were allways understood by our kings and our laws and the lords spirituall and temporall , and by the common people themselves , to be comprehended in and under the baronage , who did for them and as they were included in them very often in our great councells and parliaments , grant or deny aids or subsidies , and in their behalf without the commons themselves speaking or advising , alledge their poverty and disability , and the popes and forreign neighbour princes in their letters and rescripts understanding it no otherwise , of which mathew paris , and thomas of walsingham authors of great credit living in the reign of king henry the d. and king edward the st . his son , have afforded us plentiful instances . and all things rightly observed or considered , could not give any one the least of reason or colour of it , for if our comites & burones ( bracton not mentioning the bishops , ) who then had great power if not too much over our kings and princes , there then being no dukes , marquisses , and viscounts whom our kings then used not to create , though there were many dukes , or said to be , in the time of the saxons before the norman conquest , who by our fundamentall laws enjoyed all their authority subordinate unto their parliaments and great councells , might forfeit their lives , estates , and lands , holden of them in capite , which was the only measure of punishment in england before the act of parliament in the th year of the reign of king edward the d. was made , which did at the request of the lords and commons ( the bishops not mentioned ) declare what should afterwards be attempted and punished as high treason , against him and his heirs , or for counterfeiting his great seal , which did or should bear record of the laws and actions and kingly government of our kings & princes , there having not been in that act of parliament or any act of parliament ; or laws of our brittish , saxon , danish , or norman , before or since , tacitly or expressly , for the abolishing or taking away our feudall laws and customs or that ever to be wailed unhappy act of parliament made by his now majesty , king charles the . for the taking away of the court of wards and liveries by reason of his tenures in capite and of all homage and fealty , drawn and prepared by a learned lawyer , and a member of that house of commons in parliament , dreaming of a common-wealth , untill their man of sin oliver cromwell was pleased to awake them , who was in his profession well known to have been eminently skilled in the common laws of england , some part of the civil and canon laws , and a great part of the records of the kingdom , and much honoured for his love and care of justice , but being a judge in those times , and seduced by another of that rank , to take such a place upon him , upon the pretence of keeping up and supporting the law , and was upon his majesties restauration advanced into an higher degree , seemed notwithstanding not to have been so much or so well read as he might have been in the feudall laws excellent constitution and frame of the monarchick government of this realm , when in that house of commons either in a cool neutrality , or over perswaded by by his fears of or desire of living in safety or to preserve the common law , when against his will and well known integrity , he was in that house of commons in parliament heard by another member , that sat next unto him , to say or declare his opinion that the king was trusted by the people , wherein he might have better considered that two parts of our laws , most precious and necessary both to and for the king and his people , which were the summoning and calling of parliaments or great councells , and the tryals of his subjects guilts or innocencies , per pares , with reliefs & herriots due to our kings and princes , and unto ten thousand lords of manors or thereabouts subordinate unto their kings in england , and wales , with fines and amercements , felons and out-laws goods , annum diem & vastum cum multis aliis , &c. were solely and principally derived from the feudall laws . which with some of the usages and customs of the nation , and our statutes and acts of parliament , from time to time after made and added thereunto , were the laws which many of our kings and princes took an oath at their coronations to protect and defend , as also the leges & consuetudines quas vulgus elegerit , who , if our feudal laws had not been so very ancient as they have been , would not want such as would heartily desire and make choice of them to have lands given to hold of their king in capite , and enjoy to them and their heirs under his more especiall protection , and was in the reign of our famous arthur , king of brittain , esteemed so great an happiness , as consensu historicorum eruditorum of that age and time , leland hath informed us , utherus pendraco fuit pater arthuri cujus & gorlas corinnae regulus beneficiarius erat a notion or title anciently used of such as held their lands in capite or by knight service . and therefore howsoever the learned bracton's pen might seem to have erred in his expression or words of fraenare regis , it might as it ought consonantly to the proper and genuine sense , intention and meaning of all his arguments , through the context and tenor of his whole books , being no little one , be accepted and taken to be no otherwise then a restraining him , as kings and great and good men have usually been , by good advice and councell of friends or servants , as naaman the syrian's servants did in their lords returning back in an anger from the prophet elisha , who came near unto him and perswaded him to wash in jordan in order to his recovery from his leprosy , when otherwise that harsh word or phrase of fraenare reges could not without great danger , damage or forfeiture , be used , or any forcible perswasion put upon a free prince , by authorities coutrary to their oaths of allegeance and supremacy , justly and truly descending from the feudall laws which commandeth all men holding of them in capite to do otherwise . and although some of our ancient historians have informed us , that in a parliament holden at merton in the th , year of the reign of king henry the 〈◊〉 . upon the bishops endeavouring to have a law made , that according to the canon law the children born before marriage illicitis amplexibus , should by a subsequent marriage of the parents be esteemed legitimate , the temporall lords restiterunt , and laying their hands upon their swords jurarunt quod noluerunt leges angliae mitare , it was not any plain absolute deniall of the kings decisive and legislative power , but only an altercation , debate , or dispute betwixt the spirituall and temporall lords in parliament concerning that matter . and neither the bishops , or the house of commons , or any of the commons represented , or not , could not so much as attempt to force or bridle their king by commotions or force of arms , which by the feudall laws and the most of our laws and customs derived from thence would have been legally adjudged a rebellion , and fraenare regis in that undecent expression , si quod rei fecerit aut neglexerit , quod dominum contempsisse dicitur , aut si dominus per consequentiam laedatur persona cujus existimationem sartam tectam manere domini interest , for concilio & auxilio domino adesse debet , which was the cause and ground of right reason , that in the reign of our king edward the . the lord beaumont or de bello monte was in parliament fined for refusing to come to parliament and give the king his advice or councell : and it is not many years since that the emperor of germany seised and imprisoned prince william of furstenburgh , a feudatory for appearing in person at a treaty betwixt the emperor , and the king of france , against his lord the emperor ; and our mesne lords holding their lands , jurisdictions ; courts baron and courts leet , notwithstanding that act of parliament for dissolving the court of wards and liveries , and the tenures in capite supporting it , did from the th , day of february in the year of our lord , when in the height of their wars against their sovereign they had but voted the dissolution of thrt court and the tenures in capite , for at that time there appeared not to have been any act of parliament , although an act made in the time of oliver cromwell might be an usher , or used as a pattern in the drawing of that ( by a learned judge of those rebellions times ) wherein the reliefs & herriots were found necessary to be reserved unto his now majesty his heirs and sucessors . which may sadly be believed to have been a decapitation or cutting off the head of the body-politick or government as a prologue to the tragicall and direfull murder in the cutting off the head of their most pious better deserving king ; no king or prince in the world , christian or heathen , black or white , that had all their subjects except their nobility and the bishops , and such as hold their lands by the honorary services , of grand serjeanty , or by the tenures of copyhold or by copy of court-roll unto which our littleton giveth no better a name or title then tenure in villainage , or any service incident thereunto , which being originally derived from the tenures in capite , were , not many years ago , very nigh a fourth part of the kingdom , that had so small a reall dependance upon them , or so great a part of their kingdoms of england , and ireland converted into free and common soccage , the tenures in capite in ireland being about that time with the like exceptions converted into free and common soccage , as england disastrously also was , the isles of man , wight , garnsey and jarsey ; the two latter being parts of normandy , together with the american plantations , as virginia , bermudas , barbados , jamaica and new england and many other our west indian plantations escaping that part of the greatest wound that could be given to our ancient monarchy . and how dangerous and prejudicial a misconstruction of the statutes de usilus in possessionem transferendis might be both unto the king and his subjects , if he should be accompted to have been a trustee for the his people , and it was a wonder that the late lord chief justice hale should in that act turning all into free and common soccage , not take a care to abolish the releifs , being a duty long before the conquest payable to his majesties royal progenitors , but leave them with an exception of all releifs and herriots , fees , rents , escheats , dower of the d part , fines , forfeitures , and such as are and have been usually paid in free and common soccage . maymed and mangled the monarchy and government , as much , if not more , then adonibezeg a king of canaan did the seventy kings , whom he had taken prisoners , and cut off their great toes and thumbs , for no other advantage then to undermine the beautifull and goodly structure of our government , built and supported by and upon these great pillars and excellent fundamentalls , which , like an house built upon a rock , was able to resist any the winds and storms , for many ages past leave us as a house built upon the sands , ready to drop into it's own infallible ruines , which could not be so rebuilt or reduced to it's former strong and goodly structure , by reserving to the king and his successors the reliefs and herriots , nor will arise to any recompence , although it might be a great value , together with the excise of ale , beer and sider , added thereunto , which hath helpt to bring in or increase , as the opinion of the doctors of physick have informed us , that epidemick now more then ever praedominant scorbutique disease , making rich the only false-dealing brewers & alehouse-keepers , and impoverishing the common people , & consideratis considerandis , in his majesties necessary and inevitable expences more then ever was or can be easily or before-hand calculated . and it may be hoped that it was neither intended by that no phanatique preparer or framer of that undermining act of our monarchick government , or any assenters or advisers of it , or his majesty , that gave the breath of life unto it , and was as the anima , or soul otherwise animating a liveless body , did ever intend to abridge or deny himself the sovereignty of our brittish seas , or their tenures in capite holden of none but himself and god , the antemurale or walls thereof , and with our ships travelling in or out upon them , as the safety , strength , power , riches , and honour of the nation , or to be ranked or accompted as a tenure in common soccage , free ab omnibus servitiis , when it was never accompted to be any part , or within the verge of the court of wards and liveries . the seas belonging to our king of england's sovereignty having been never under the courts of wards and liveries , or any of its incidents , or appurtenances , or within its cognisance , and this newly found out device or extraordinary way of soccage or tenure by the plow , free ab omnibus servitiis , was never nor can be fit for the seas , unless they , that cunningly have been so fond of it , can make it to be fit or proper or to any purpose or profit to adventure to plow up the seas , with plows drawn by horses or oxen , and by that means of plowing up the seas , make the seas to yeild and deliver up all their riches , plate , gold , silver , and jewells , which misfortunes of shipwrack have before years if not more in the epoche or age of our long continued monarchy far exceeding the gold of ophir , and the value of all the lands of england if they were now to be sold , the former admitting a greater decay then the latter , our brittish seas having always been in subordination to our kings and princes under the separate government of the lord admiralls , court of admiralty , vice and rere admiralls , deptford-house , and the cares of the cinque-ports , many other sea-ports , light-houses and maritime laws , &c. whereby our kingdom hath been greatly enriched by its trade and marchandise carried further then the roman eagles ever flew , and as far as the four great quarters or parts of the habitable world do extend or stretch themselves unto , and the sun ever shined upon . and if it had not been upon the design of blowing up or disarming our monarchy together with as much as they could of the kings regall rights for the defence of himself , they would not have attacqued the militia , or laboured to destroy it , when glin serjeant at law , a busy enemy of our monarchy , and another serjeant at law whose name for his great parts and abilities i silence , heartily wishing that he would before he dye add repentance to his treasury and great stock of learning in the employing of it otherwise then it should have been in that so called long and hypocriticall wars , rebellions , false doctrines , together with his misdoings , in the drawing , and forming the act of oblivion and generall pardon , the greatest and largest in extent and gift that ever any of our kings and princes gave unto the greatest and most in number of their subjects , wherein he acquitted these numberless offenders , that never pardoned any of his or his blessed fathers loyal party any or but small things , but retained every thing which they had taken from them by plundering , taxes , sequestrations , decimations , and spoil of woods and timber , which should have been an assistance to the building of their burnt or demolished houses or castles , and the building of ships the wooden walls of our seas , and the carriers out and the bringing home of our merchandise . in the preamble whereof it was declared , that whereas severall treasons , murders , and crimes had been committed and done by colour of commissions , or power granted unto them by his majestie or his two houses of parliament , as if any treason could in law be committed by any commission or order of the king or his royall father , the blessed martyr , and the framers of that act of generall pardon , could not but remember , that many that assisted his late majesty came upon his proclamation and setting up his standard at nottingham castle under the obligation of their tenures in capite , and the duty of their oaths of allegeance and supremacy , and others for hire by great sums of money , lent him by that loyall and prudent old earl of worcester , grandfather unto the now duke of beaufort , and by men leavyed and sent unto him from wales in his majesties march as far as shrowsbury towards him , the better to enjoy , and be near the great assistance which he promised and performed , without which , and the ancient and legall aid and help of his tenures in capite and by knight-service , he could not have made any defence for himself or his loyal subjects , but might have been taken and imprisoned by the sheriffes of every shire or county , thorough which he was to pass in his journey to york , with his eldest son the prince , whom they would likewise have seised upon , when he was by the faction and their hunters , driven and pursued as it were thither for refuge , as a partridge hunted upon the mountains , from his parliament ; when he had no provision of arms , men , or money : and the rebell-party of that parliament had formed and beforehand made ready a great and powerfull army without any manner of want of money and a seduced party of his people to march against him . and our feudall laws were so little despised , unknown or unusuall in this kingdom , as our magna-charta and charta de foresta , more then times confirmed by acts of parliament , and the petition so called , of right , will appear to have no other source or fountain as to the most of the many parts thereof then the feudall laws . and they must be little conversant in the reading , practice and usage thereof , demonstrable in and through our records and authentique annalls and historians that will not confess and believe it , when they shall so manifestly almost every where see the vestigia and tracks thereof and our saxon laws faithfully translated and rendred unto us by the labours and industry of our learned lambard and abraham whelock arabick professor in the university of cambridge and the glossary of our learned sr henry spelman , may aboundantly be found to declare that they had for the most part no other progenitors . and could not be understood to amount unto no less then the greatest and strongest fortifications that any kingdom could have , though not so guarded by the sea , as our islands of great brittain are and have been , when seventy thousand horsmen gravi armatura or not meanly armed should ( as the manner of those times were ) without much disturbance to their other affairs be sodainly ready upon any emergencies of wars , intestine or forreign , without pay or wages , under the greatest obligations divine and humane , to defend their kings themselves and their estates , which in more valiant and plain dealing times did in no longer part of time , commonly determine the fate or fortune of a kingdom as to a great part of the event or success of a war. and was so necessary to the defence of the king and people , as our william the conqueror , that did not bring but found the feudall laws here in england , may be thought to have been very willing to have strengthend his conquests here , when he distributed amongst his great officers in the army & his soldiers as much of his conquered lands , as ordericus vitalis hath related it , seventy thousand knights fees , who in regard of their service for the defence of the king , had a privilege by the kings writ for them and their tenants to be free ab omni talagio from all taxes , which priviledge or acquittal saith sr edward coke discontinued . of which our feudall laws the brittains the more ancient inhabitants of england as well as the brittains in america in france , now known by the name of the duchy of brittain , cannot be believed to have been ignorant , when the father of our victorious arthur , king of brittain , was a beneficiarius , and held his lands in cornwall of the king in capite , unto whose kingdom were appendant the large dominions of norway , and the islands ultra scanriam , islandiam , ireland , curland , dacia , semeland , winland , finland , wareland , currelam , flanders , & omnes alias terras & insulas orientalis oceani usque russiam , et iu luppo etiam posuit orientalem metam regni brittania & multas alias insulas usque scotiam & usque in septentrione quae sunt de appendicis scaniae quae noricena dicitur , and that kingdom of brittain had so large an extent , and the king of brittain such a directum dominium therein , that upon an exact search and inquiry into the memorialls , antiquities annalls , and historians thereof , it was evident that in the times of ely and samuel , after the siege and destruction of troy , brute came into this island , called it by his name , and divided his kingdom to his sons , loegria , now called england , to his eldest , albania , since called scotland came to the and cambria or wales unto his son camber , after whom was arthurus rex britonium famosissimus . who subdued a great part of france , and those his noble acts were not unknown unto some of the roman poets and historians , and the laws used here in his time , may with great reason be understood to have been the same which the english or saxons our later ancestors , fletibus & precibus , with supplications washed in tears , obtained of the norman conqueror to be left unto them , as king edward the confessors laws for his justice and holiness reputed to have been a saint , and together with the mercenlage or laws made by mercia a queen of mercia , or the borders or confines of wales , ought to be esteemed the same aggregate laws , which k. william the conqueror of the brittains , saxons and normans after they had began to intermarrie , and were become , as it were , populus unus & gens una , were certified by the greatest , most universall and most solemn jury and verdict that ever was impannelled or made use of in england , and under the strictest and severest charge , not by judges delegate but by the king himself , and a conquering king that had omnia jura et terras in manu sua , which he did consilio baronum suorum in anno quarto regni sui cause to be summoned through all the shires & counties of england of & out of the nobiles sapientes et in lege cendites , ut eorum leges , et jura , et consuetudines ab ipsis audiret , whereupon in singulis totius patriae comitatibus , a jury of men , qualified as aforesaid jure jurando , coram ipso rege , before the king himself , no ordinary judge but the highest under god , quo ad possent recto tramite incidentes , neither turning on the right hand nor the left , legum suarum & consuetudinum suarum patefacerent , neither omitting or adding any thing by fraud or praevarication , yet the king seeming better to approve of his norway and danish laws , which in many things , affinitate saxonum , seemed to be the same with the norway laws except in some small difference in the heightning of the fines and forfeitures , which when the king had heard read unto him maxime appreciutus est , & proecepit ut obsequerentur per totum regnum , for he said that his ancestors & omnium baronum fere normannorum antecesseres norwigenses exticissent , et quod de norwicis olim venissent , et hac authoritate leges eorum cum profundioses & honestiores omnibus aliis essent prae caeteris regni sui legibus asserebat se debere sequi & observare ( and the saxon laws being in the saxon language and he and his normans for some generations past alltogether speaking french written in another idiome and manner could not be thought so soon well to understand ) quippe cum aliaerum legibus nationum britonum , scilicet , anglorum , pictorum & scotorum praeponderassent , as if he or his normans having so lately conquered the kingdom of england , and he had after some time returned into normandy , whether he had carried some of the most potent of the english nobility as pledges and hostages . and after some tarrying there , and time expended in the setling of his affairs , returned into england , where he found some mutinies and rebellions , might not , in a mind wholly imployed in the study of war & glory be allowed some parcell of ignorance , or so much as to make him & his norman adventurers mistake & not understand that the feudall laws , and those of norway were the same for the most part with the laws of the saxons or their praedecessors , or their often invading and contending neighbors the picts and scots , or the saxons so impoverished and affrighted , as not to be able to declare unto him that the laws of st edward the confessor were the same which the conquerers compatriots the norwigians were governed by , or might not , so well as they should , have understood their own laws or the feudal laws , which their northern or german ancestors had so much affected to be ruled and governed by , more especially when those laws so sacred of st edward the confessor had by reason of some discords in england layne , as it were , hid and asleep , about sixty eight yeares from the reign of king edgar untill the reign of king edward the confessor . which the conqueror himself had then only as the learned sr roger twisden saith , ut melius unicuique administraret anglicam locutiorem sa●egit ediscere , et in perceptione hujus durior aetas illum compescebat endeavoured to learn ; which verdict or carefull enquiry , in the poor conquered englishman's greatest concernments in this world , next unto their greatest in the next being presented to him , he concilio habito precatu baronum granted their petition , thomas archbishop of canterbury and maurice bishop ( of london ) scripserunt propriis manibus omnia ista praedicta per praeceptum praedicti domini regis gulielmi , et ex illo igitur die multa authoritate veneratae , et per universum regnum corroboratae , et observatae sunt prae ceteris patriae legibus leges edwardi regis sancti . insomuch as king william the conqueror , upon a better understanding that those laws of st edward were one and the same or very near of kindred unto the norway or danish laws , had not only given and distributed amongst his great officers and soldiers seventy thousand knights fees , in lands of a great value to be holden of him his heirs and successors in capite , but in his own laws afterwards made other feudall laws as additions thereunto , as de clientari seu feudorum jure & ingenuorum immunitate ca. . de clientum seu vassallorum praestationibus ca. . nequis dominio suo debitas suas praestationes substrahat ca. . de foemina granida quae capitali supplicio damnatur ca. . ( which was a law either before or since brought hither by the phenitians or roman colonies , de relevio eorum qui clientes pendent , c. . and in the decretis made by him , it is mentioned , that cum principibus suis constituit post conquisitionem angliae ( not constituerunt ) that next unto the reverence of god and faith in christ , he would have inviolably observed and kept pacem & securitatem , concordiam , judicium & justiciam inter anglos & normannos , similiter inter francigenes & britones walliae & cornubiae , & pithos & scotos albaniae , similiter francas & insulicolas omnium insularum & provinciarum quae pertinent ad coronam & dignitatem , & ad defensionem & observationem , & ad honorem regis infra omnes sibi subjectos per universam regni britania firmiter & inviolabiliter , statuimus etiam ut omnes liberi homines fide & sacramento affirment quod intra & extra universum regnum , quod olim vocabatur regnum britanniae , willielmo regi , domino suo , fideles esse volunt , terras et honores suos omni sidelitate ubique servare cum eo & contra inimicos & alienigenas defendere volumus . et hoc firmiter precipimus & concedimus , ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas , & possessiones bene , & in pace , ab omni exactione injusta , & ab omni tallagio , ita quod nihil ab eis exigatur vel capiatur , nisi servitium suum liberum , quod de jure nobis facere debent & facere teneantur , & prout statutum est eis , & illas a nobis datum & concessum jure haereditario in perpetuum per comune concilium totius regni nostri , statuimus & firmiter praecipimus ut omnes comites , barones , & milites , & servientes , & universi liberi homines totius regni nostri praedicti habeant & teneant se semper bene & in armis & equis , ut decet & oportet , & quod sint semper prompti & parati ad servitium suum integrum nobis explendum et peragendum cum semper opus abfuerit secundum quod nobis debent in feodis & tementis suis sicut illis statuimus per commune concilium regni nostri praedicti , & illis dedimus & concedimus in feudis jure haereditario hoc praeceptum non sit violatum ullo modo super forisfacturam plenam , statuimus etiam & firmiter praecipimus ut omnes liberi homines totius regni praedicti ( which could not be understood to have been any other then his norman commanders and nobility for the most part if any english ) sint fratres conjurati ad monarchiam nostram , & ad regnum nostrum pro viribus suis & facult atibus contra omnes pro posse suo defendendum , & viribus servandum , & pacem & dignitatem nostram & coronae nostrae integrum observandum , & ad judicium rectum & justitiam constanter modis omnibus pro posse suo sine dolo & sine dilatione faciendum . which being made at london , was without any limitation or restraint as to the number of days , wherein the service was to be performed , or how long to be at their own wages , or their kings was not at all expressed in that kings originall grant , law or constitution , for although the fortune or fate of a war in those bold magnanimous and hardy times , wherein they disdained to tarry for the effects of stratagems , bribery , and treacheries then little or not at all , but now altogether or too much practised , but universally and absolutely it being as unsafe for a king as his people and kingdome to undertake to foretell the period of an intestine rebellion , the power and malice of a forreign enemy or the sad and often changes and events of war , and to leave a king without the power of a king and aid of his subjects , and be a king only for forty days , and upon every occasion or mischance of war arising from forreign princes or his subjects , either by sea or land , be no longer a king then for so short a time as if the subjects loyalty were to be put under such a limitation , and if in that time he cannot gain the victory , must run into an hole and hide himself in an hourly expectation of death , and a worse destiny then that of the once mighty king nebuchadonozers being changed into an ox , and put to grass untill the king of kings ( not his subjects or people ) should be pleased to restore him to his former shape and dignity , which could never be understood to be the meaning of our william the conqueror . and if praxis be , as it should be , de jure gentium accompted to have been optimus legum interpres , our tenures in capite and by knight service , however our very learned littleton a judge of the court of common pleas , who is by sr edward coke his commentator believed to have written his book of tenures in or about the th year of king edward the th . and sr edward coke without giving us any record , authority or positive law to warrant or build up their opinion for any such limitation , yet it doth not appear , but needeth some further confirmation . for the learned sr robert cottons collection out of the book of doomesday hath taught us , that oxoniae civitas tempore regis edwardi confessoris geldebat , nisi quando londonium & eboracum & wintonia geldebant , & hoc erat dimidia marci argenti ad opus mil quando expeditio ibat per terram aut per mare , serviebat haec civitas quantum . hydae terrae , barnestaple vero & lydeford & totendis serviebant quantum ipsa civitas . quando rex ibat in expiditione burgenses . ibant pro omnibus aliis , vel . libras dabant regi ut omnes essent liberi . omnes mansiones , quae vocantur murales , tempore regis e. libera erant ab omni expeditione & muri reparatione , propterea vocantur murales & mansiones quia si quis fuerit , & rex praeceperit murum reficerit . civitas lodocestria tempore regis edwardi reddebat per annum regi . libras , ad numerum de . merae & . sextarios mellis , quando rex ibat in exercitu per terram de ipso burgo , . burgenses ibant cum eo , si vero per mare in hostem eat mittebant ei . equos de eodem burgo usque londouium ad comportanda arma vel alia quae opus essent ; for that great conqueror , as sr roger twisden hath rightly and judiciously observed , had things after that his conquest in his purpose , cares and intention , . ut prospicetur regno de necessariis ad bellum , . ut satisfaceret gallis periculorum suorum & laborum sociis , ita tamen ne anglis ea occasione praeberetur justa offensionis causa qua reddi possent ad insurrectionem , seu rebellionem paratiores , . ne coloni utpote sine quibus agricultura exerceri non poterit . william rufus and king henry the first his sons kept and established the same without any lessening or alteration as to the time or ways , king stephen henry the . and richard the first did the like , and king richard the . wanted not an aid and money for his redemption out of his captivity , so did king john in his generall muster and array of all the forces of england , sub poena culvertagii , of shame and reproch like deborahs curse ye meroz against the feared invasion of the french king , neither was it altered by king he. the . who mandavit vice comitibus wiggon . staff. salox & warr. quod venire fac . ad ipsum regem in exercitu suo usque bery in wallia desingulis duabus hydis terrae com. suorum unum hominem cum una bona securi &c. habentem secum victualia pro ●s . diebus , edward the first did not understand himself to be manacled as unto time and wages , when he told roger bigod , earl of norfolk , earl marshall of england , refusing to go with him to war into flanders , he should go or be hanged , and afterwards seised the great estates of bohun earl of hereford and essex constable of england , and gilbert earl of gloucester and hertford and made them glad to accept his pardon , and in the th , year of his reign the praelates , earls , barons and commonalty of this realm did in parliament declare that they are bound to aid their king at all seasons ( no time or manner at all limited ) king edward the . left it as he found it , and in hte . year of the reign of king edward . it was in parliament declared , that uone shall by any writing bebe bound to come armed to the king , for that every subject is to be at his commandment , that in his busy reign of gathering triumphant lawrells , a proclamation was made in singulis com. angliae quod omnes homines habentes literas regis de pardon felon . &c. causa guerrae scotiae ad regem veniant ; and our kings richard the . henry the th , th , and th , edward the th , and richard the . continued them nothing being ordered to enervate that constitution or law of william the conqueror , it was by an act of parliament made in the th , year of the reign of king henry the th , ordained that none that shall attend upon the king and do him true service shall be attainted , or forfeit any thing by attending upon the king in his own person , and to him true and faithfull allegiance , or in any other place by his commandment , within the land or without shall do and perform , and in the th , year of the said kings reign , by an act of parliament it was ordained declared & enacted by the advice of the lords spirituall and temporall in parliament assembled , ( no commons therein mentioned ) by authority of the same who shall forfeit that doth not attend the king , being in his own person , in his wars either within the kingdom or without , or depa●t from his said service without the kings licence in writing , under his sign manuall , or signet or great or privy seal or generall proclamation , there having been no repeal or limitation afterwards of that especiall service either in the reign of that king or of king henry the th , edward the th , queen mary , queen elizabeth , king james and king charles the . and our annalls , historians and records can appa●ently evidence that queen elizabeth , in the designed invasion of england by the king of spain with a formidable navy and army in the year . did not by any of her councells , judges , delegates or lawyers , great or small limit in the raising of forces , either by land or sea , the numbers , time of continuance or wages , and it hath been a part of the jus gentium or law of nations not to contradict , but allow the seizing of ships of merchants and strangers in the potts or havens of a prince , like to be assailed and in danger of war , when every man ought to fight tanquam pro aris & focis and that magnanimous , great and wise princess could not without that power inhaerent in her monarchy have aided with men and arms , the great henry king of france , and the distressed belgick provinces ; checked the papall powers and plots , and planted and supported the protestant religion in most of the parts of christendom , holding by a steddy hand the ballance thereof , and so well understood her own rights and the true methods of government , as she blaming some of the house of commons for flying from their houses near the sea coasts , in the affright of the spanish invasion , did swear by the almighty god , that if she knew whom in particular , she would punish and make them examples , of being the deserters of their prince and countrey . king james asked no leave of his subjects in parliament to raise and send men and arms into the palatinate , being his son in law 's inheritance , for the defence thereof under the command of sr horatio vere , and an army for the same purpose also under the command of count mansfelt a german prince , king charles that blessed martyr by a company of accursed rebells furnished to sea . severall armies and navies in aid of the distressed protestants at rochell in france , in whose reign all the judges of england subscribed to their opinions , that the king was to prevent a danger impending upon the commonwealth , might impose a tax for the furnishing out of ships , and was to be the sole judge thereof , which had but a little before been inrolled in all the courts of justice in westminster and in the chancery as the opinion of all the judges of england , under their hands , which in the leavying but of ten shillings being cavilled at by mr hamden a man of or l. per annum one of the grand sedition-mongers , who as a member of the house of commons in parliament had by an execrable rebellion almost ruined & destroyed england , scotland and ireland , to pacify which that pious prince being willing to satisfie their scruples , as much as the laws and constitutions of the kingdom as he hoped might allow , and being a principall part of the monarchy , the arcana's whereof queen elizabeth believed not fit to be sacr●ficed unto vulgar and publick disputes , and hammered upon the anvills of lawyers arguments , tending unto more what could , then should be sayd , and therefore did in some of her grants or rescripts insert the words as king james afterwards did , de quo disputari nolumus a maxima , which the great henry the fourth of france in his government strictly observed , and which every sea or land captain hath through many ages and traverses of the world ever experimented to be necessary and usefull ; insomuch as licence was given to frame a case or question thereupon , that never was before done in england through all its changes of our monarchs , under the brittish , roman , saxon , danish , and norman races , or in all the empires and kingdoms of the habitable world , for amongst the israelites there was an outward court for the common people , there was a sanctum sanctorum , there was no dispute suffer'd , about their urim and thummim , or the dreadfuly delivered decalogue , and the ancilia and vestall fire at rome were not to be pried into by the common people , neither would the vast ottoman empire suffer the secrets of mahomets pidgeon , or the laying the foundations of their religion or alcoran vast empire to be disputed , or exposed unto vulgar capacities , that would sooner mistake or abuse then assent unto truth or the most certified reason . in the way unto which our fatality and ever to be lamented sad consequences that followed the late long parliament rebellion , mr oliver st john and mr rober holborne , two young lawyers , affecting a contrariety to the approved sence and interpretation of our most known and best old laws , and to criticise and put doubtfull interpretations upon the ever to be reverenced and wholsome laws and constitutions of the kingdom , did to that end expend much time in the search of all the records of the kingdom : the first of which laboured to propagate his design of ruining the kings power of taxing ship mony , and leavying it in case of necessity for the defence of his kingdom and subjects , but mr holbornes better opinion after all could not but leave him an earnest assertor of the kings rights and power therein , so as of the judges upon the debates of the kings learned councell and the peoples lawyer mr st john and others dispute arguing pro and contra , one against the other , ten of the judges giving their judgements therein against the said mr hamden , that that unhappy aforesaid ten shillings ought to be leavyed upon him , notwithstanding justice hattons and justice crokes dissenting opinions , who did afterwards forsake that begun and after long continued paths of rebellion . and that good and great man , that prepared the act of parliament for the converting tenures in capite into free and common socage , that took away the strength of our israel , and worse then the folly or ill managed love of old pelias daughters to make their aged father young again , whether misled by his friend oliver st john or overmuch in love of the well poysed temper of his so much admired the roman pomponius atticus , needed not to have been so over severe in the astringent penalties nailed and fastned upon that act of parliament and the breaking of that socage act , by adding to that much better of the tenures in capite no less then the affrightfull penalty of that of a praemunire , when it was not likely to be so great a stranger to his memory , that the learned judges of the kingdom had at severall times in the reigns of king james and king charles the martyr declared their well weighed opinions , that the tenures in capite were so fundamentall a part of our laws , as no act of parliament could be able or have force to repeal , change or take them away . and that in all the icarian attempts and high flights of the long called parliament rebellion , and even in their hogen mogen unparaleld nineteen propositions made unto their king , which , if granted , had taken away from him all the power of a king and a father , or to govern or defend his subjects . untill in that much mistaken erroneous act of parliament said to have been made in feb. . by some of the lords & commons of that which should not have been called a parliament when they made war & had like strange subjects and advisors beaten away their king , neither had there been any design of abrogating the tenures in capite or of that kind in all the brittish , roman , saxon , danish or normam times , to annull or dissolve so strong and solid a foundation as our feudall laws , nothing in the rebellion , force , and strange unkingly restrictions articles and agreements put upon king john at running mede , no grievance by the tenures in capite or by knight-service certified upon any the writs sent by king henry the . unto all the sheriffs of the counties and cities of england and wales to elect knights of every county and city to certify to the king and his baronage their grievances : nothing in the forced parliament and oaths upon king henry the . and his son prince edward , in the . year of his reign , nothing in his direfull procession and wa●king with his parliament of praelates and nobility throu●h westminster hall unto that abby church , with burning tapers , curses and anathema's against the infringers of magna charta and charta de forresta , then and yet holden in capite , with many of our liberties fundamentall and feudall laws therein contained , nothing desired or ordered to be taken away of them or any of them , no mention of them in the arbitration or award made by the king of france betwixt that king and his rebell barons , or when simon montfort and his partners kept him in their powerfull army a prisoner about a year or a quarter , no complaints or grievances against those tenures in capite , in all those multitudes of other supposed grievances , nothing in the petition of right , and times confirmation of magna charta and charta de foresta , as if they could never have enough of them , nor reformation desired in and through all the clownish rebellions and insurrections in england , in the times of wat tiler , john ball , jack cade , ket and others . and therefore whilst these underminers of our long lived monarchy , and in that their own happiness , have gratified their fond feavourish fancies in procuring a dissolution of as many as they could of our tenures in capite , for all if any they could not with the costly expence of . millions sterling in mony , besides an uncomptable and unvalued damage of four hundred thousand men women and children slain or massacred whole families ruined or for ever crpled , heaven angry and incensed , hell gaping , religion torn in more then one hundred pieces , and all for want of the care , provision , and protection , that the despised mother church of england , like the voice that was heard in ramah , rachel mourning for her children that they were not , our shames published in the streets , of gath and askalon , in the time of its peace , and the sins of rebellion and witchcraft , have as the egiptian locusts covered & overspread the face of our heretofore fruitfull island . and the protection and provision , usually made by our tenures in capite for younger children as well as the eldest affords them no better a care then to leave them when the mother is after the fathers death by some debaucht , rooking , or gamiug coxcomb , made a fool of and married again , as very often they will , are like lambs left as a prey unto the wolves or foxes ; the second husbands , who , if the mother have children by him , will be as too many are well content to help to fricasse the first husbands children to make portions or estates for the second , so as if it be enquired where is now the court of wards and liveries which hath been so pretendedly without any just cause at all complained of , they may find every where a court of wards and liveries lamentably governed by the fathers in law of england , wales , and ireland . they might do well to make more hast then they have done to repentance & consider how much more then nothing at all the nation was beholding to those overtures , as much as they could , of the monarchy & tenures in capite , have been to those commonwealth erecters have deserved of the people and those whom they pretended to represent in parliament , when instead of bread they have given them stones , and of fishes scorpions , and to shew the profoundness of their wisdom did as wisely as those that attemp●ed to drown the eel , when upon a great & serious consult they may easily discover no better effects or fruit of their overchargeable expences enforced upon the people to their own great and villanous gain , and the ruin spoil and inestimable damage of our , before that , most happy flourishing redoubtable kingdoms . when that act of parliament , for taking away the tenures in capite , doth but as much as it could convert them into free and common socage ( without any mention of pro omnibus servitiis ) and the law made by king ina , who reigned here from the year of our savior . untill after some part of the year . which is not specially repealed , by that act of destroying as much as it was able the tenures in capite and by knight service did ordain that scutarorum nullus ex pelle ovina scutafabricatur , qui secus fecerit solides , mulctator pro singulo quoque aratrobinos alat quisque ornatos atque instructos equites , and in a tenure in free and common socage fealty is a duty and service inseparable , as littleton saith and signifieth ( although as he putteth the case , is in the ceremony of the doing thereof sometimes different from homage ) for when the tenant doth fealty unto his lord he shall hold his hand upon a book and shall swear that he shall be faithfull and true to his lord , and shall bear him faith for the lands which he holdeth of him , and fealty is derived a fidelitate , ( feltman bestowing upon an originall of the like nature a fide ) and escuage draweth unto it homage , and homage draweth unto it fealty , for fealty is incident to every manner of service , unless it be in the tenure of franck-almoigne , and the tenures in capite and by knights service ( some only excepted ) being transferred into free and common socage without saying , per fidelitatem tantum pro omnibus servitiis , may , notwithstanding the forebidding or rejection of of homage and all other incidents of tenures in capite and by knights service , render the fealty incident unto free and common socage , by our laws to amount unto as much as that which the framer of that act of parliament hoped to extinguish , by converting , those tenures in capite as much as he could into tenures in pede , which should have been beleived to have been very fundamental and dangerous to alter , when the wisdom of the english and scottish commissioners authoris'd by an act of parliament in the reign of king james who had a great desire to unite the kingdoms of england and scotland in their laws and religion , as well as they were in their neighbourhood , and to have them to be in subjection under one and the same king and sovereign , were after long and learned conferences and disputes constrained to forsake that impossible to be atchieved enterprize , and our great incendiary mr john pym could in the year . harangue in that unfortunately seditious parliament that our laws , which he might or should have known , as to a great part of them , to have been composed and derived unto us from our german and northern progenitors , feudall laws intermingled with the civill and cannon laws with some municipall laws & consuetudines non malos in se as gavel kind and the rescripts , edicta , & mandata principum , responsa & adjudicata judicum & prudentum , not dissonant or contradicting each other the laws of god an rules of right reason were the peoples birth-right , and our persecuted , untill he was murthered , blessed martyr king charles the first did in the . year of his reign , when he signed that which they stiled the peoples petition of right , declare unto them that his maxime is that the peoples liberties strengthen the kings prerogative , and that the kings prerogative is to defend the peoples liherties , and may when all is done , if well and truly weighed in the ballance of right reason and understanding , and what hath hapned and may come to pass hereafter , easily discern that in england there never was such a confusion and overturning of our laws and ancient monarchick government , through all the successions of our brittish , saxon , danish , and norman kings , as hath been in england since the beginning of that famously infamous rebellious parliament and their undermining of our laws and libeties and turn all into an anarchy that they might gain a power to enrich themselves by the spoil of kingdoms , and ruining of as many as would not be as wicked rebells as they had been . and that when his majesty had released unto them the arrears of his profits by his tenures and court of wards and liveries , a million and a half sterling , and in his pourveyances , nine hundred and fifty thousand pounds , it was hugely praejudiciall to the king and beneficiall unto his subjects , too many of whom had rebelled against his royall father , persecuted and murthered him , hunted and would have extirped his royall posterity , and that it can be no otherwise accompted to be then a most barbarously ingratefull and unworthy act of the nation and people of england , after many knights fees and lands freely given and granted by the kings royall . progenitors to their forefather and their heirs , to be holden by knight-service and in capite , of which if the sixty thousand knights fees and more reckoned by some authors should be no greater a number then ten thousand , and valued but at l. per ann. as they may be conjectured to have been accompted in anno. edwardi . . they would amount unto l . per ann. and if each of them have since increased but unto l . per ann , which may be thought to be now the least improvement , might amount in yearly value unto millions sterling , ( and if that should be multiplyed times more as ordericus vitalis reckonet it , the yearly value thereof might swell unto one hundred eighty and millions sterling , ) besides great quantities of other lands freely granted in the severall reigns of his majesties royal progenitors , unto others of them & their heirs to be holden of them in socage , besides l . per an. or a very great yeerly sums of mony necessarily expended upon his military guards for the defence of himself & his people against sedition and rebellion-mongers more then his royal father & progenitors needed to have done if he had kept entire his said eminent and legall rights of tenures in capite and by knight service to endeavour to extinguish the right use of them , and forget their great and very great obligations to their prince and common parent , and royall progenitors , and take away from our kings the means whereby they should protect and defend themselves and their subjects from damage and injuries forreign and domestique . and those tax improvers and advantage catchers can ( as if that were not sufficient ) make it as too many of their actions and business to cozen and beg all they can from him , and instead of never ceasing to give him thanks for breaking the barrs of an hell of arbitrary power and slavery , wherein their counterfeit commonwealth's men by their perjuries and hypocriticall rebellion had brought them , and their cheating man of sin oliver cromwell had by his instrument of his own making lockt and bolted them fast enough , as he hoped , with a domine quid retribuam , what shall we render for all his benefits , make it the greatest of their care and imployment not only to take and keep from him all they can , even at the same time when they had obteyned of him an unparalleld act of indempnity and oblivion , to pardon and forget all their treasons and offences committed against him , and his blessed father , which in a small kind of calculation may not unprobably be believed to amount unto sixteen millions sterling in arreres of his own revenue , and or hundred millions sterling at the least for the forfeitures , which our laws would have given him with some mercy and moderation to boot for so small a recompence as during his life in the moyety or one half of the excise to his heirs and successors to be drawn out of the groans tears complaints and sorrows of which the main part of the common people who never did or are like to hold any lands of our kings in capite or by knight service , and should not have forgotten how they promised him to be his tenants in corde , and with what a princely and fatherly affection he told their representatives that he was sorry to see so many of his good people come to see him at whitehall , and had no meat to feed or entertain them , yet when he had bereaved himself of that grand and continuall part of the strength and support of his crown , power and dignity , and those entire rights of his monarchick government ; which our prudent second fabius , ever to be praised and remembred , from generation to generation , the late george monke , duke of albemarle , for his military wary conduct thorough almost insuperable difficulties , without hearkning to the syren songs of those that pretended to be for a common wealth or being tempted or deluded to restore his majesty to a cripled monnarchy , as the men of the rebellious rump or no parliament with their jugling covenant , or as many faces as they should have occasion to impress or stamp upon it , would have perswaded him to have done , and that great hero denyd to do , and that ill advised framer of that unhappy act of parliament to cut or take away the arteries , nerves , sinews and ligaments of the crown and head of our body politick , and in the doing thereof also might have bereaved the nation of the ancient and honourable assistance of the house of peers in parliament , which of ancient and long time immemoriall have been , as they should & ought to be , the firm & strong pillars & supports of our monarchick government , had not the earls of oxford and strafford magnanimously as a prologue to its restauration come to the house then called the house of commons in parliament , wherein that great monck , that unus homo nobis qui cunctando restituit rem , was then admitted a member guarded with his own so warily conducted army out of scotland , before his majesties happy restauration and the way had been prepared for it , and calling him unto the door of that house , demanded as peers their rights and priviledges , to have their house of peers doors opened , which upon his majesties blessed father's murther that so misnamed house of commons in parliament had shut up , and voted to be useless and dangerous , which he instantly of himself ordered to be opened , without any act , order or vote of parliament , into which they went and sat untill they gained more of their loyall party to help to fill their house again , which by degrees was shortly after ( especially after his majesties landing and coming to london ) replenished and restored , as their king and sovereign was . and the nation had notwithstanding by that framer of that aforesaid ever to be deplored act of parliament , been deprived of that only part of our parliament subordinate unto their king from the beginning of our very ancient monarchy ( and as it ought ever to be ) till the th , year of k. henry the . when he was a prisoner unto simon montfort and his army of rebells and not before : when some commons were in that rebellion elected to be as a part of parliament and to sit in a seperate lower house , ad faciendum & consentiendum iis which the king and lords should think fit or necessary to ordain , had it not been rescued and prevented by the care of the lord viscount stafford and the barons of abergavenny and dudley , awakened by the book a little before printed and published , entituled tenenda non tollenda , who caused a proviso to be inserted in the said act of parliament , that nothing therein contained should be extended or prejudiciall to the rights and priviledges and honours of the peers in parliament , or any that held by grand serjeanty , &c. and having by their good will left as few spears or swords as they could in our israel , to help to protect or defend it , could notwithstanding readily find the way to that ingratefull river lethe and sin of unthankfullness , which god and all good men do not only abhorr , but the most fierce and savage beasts of the field and fowls of the air do detest ; and could not be fully satisfied untill they could add unto the kings evil bargain the taking away of the royal pourveyance , which amounted unto no smaller a damage unto him then ninety or one hundred thousand pounds per ann. it being in the th , year of the reign of queen elizabeth , estimated in the saving of the houshold expences l. per ann. communibus annis , in the . year of the reign of king james l. per ann. and in the reign of king charles the martyr at the most not above l. per ann. communibus annis . but whether more or less is not to be found in the receipt or yearly income of the moyety of the dayly ceasing pretended recompence by the excise arising unto no more then one hundred and fifty thousand pounds deducting the no little charges in the collection thereof , and in taking away of that l. per ann. for the royall pourveyance brought upon the king no less a damage then one hundred thousand pounds per ann. and cannot by the most foolish of the people ( lunaticks out of their intervalls , ideots , very small infants , and children only excepted ) be with any manner of colour or shadow of reason believed to be any thing near a compensation singly for the pourveyance , and a great deal less for that inestimable jewell of the crown the tenures in capite and by knight service , the later a principall part of the support of the sovereignty and the former of the crown . for that the power , might and majesty that resideth therein is unvaluable , and not to be ballanced by any thing that is not as much , the pourveyance being in the fourth year of the reign of king james held to be such an inseparable adjunct of the crown and imperiall dignity , and some few years after believed by the incomparable sr francis bacon lord chancellor of england to be a necessary support both in law and politiques in other nations as well as our own , hath told us is such a sacra sacrorum as baldus and individua , as cynus termeth them , which jurisconsultorum communi quodam decreto by an uncontroverted opinion of all lawyers nec cedi nec distrahi nec abalienari a summo principe , cannot as bodin saith be granted or released , nor by any manner of way aliened or witholden from the sovereign prince nec ulla quidem temporis dinternitate praescribi posse , nor by any length of time prescribed against him , and therefore by besoldus called imperii & majestatis jura & bona regni conjuncta incorporate seu coronae unita quae princeps alienare non potest , the rights and empire of majesty and the goods and part of the crown so incorporate and annexed unto it as the prince cannot alien , which , for the subjects to attempt , would not be much different from an endeavour to restrain a prince by law against the law of god & bonos more 's , which by the opinion of the learned bacon the lord chief justice hobart and judge hutton would be void and of none effect , for the presents and good will of inferiors to their superiors is one of the most ancient and noble customs which mankind hath ever practised , and began so with the beginning and youth of the world , as we find the patriarch jacob sending his sons to his then unknown son joseph , besides the mony which he gave them to buy corn , a present of the best fruits of the country , a little balm , a little honey , spices , mirrh , nutts , and almonds . the persians in their kings progresses did munera offerre , neque vilia neque exilia , neque nimis pretiosa nec magnifica , bring them presents neither pretious nor contemptible , from which etiam agricolae & opifices , workmen and plowmen were not freed in the bringing wine , oxen , fruits , and cheeses and the first fruits of what the earth brought forth quae non tributa sed doni loco consebantur , which were not accompted to be given as tributes but oblations and free gifts , which made the poor persian synetas , when he met with artaxerxes and his train in the way of his progress , rather then fail to offer , hasten to the river and bring as much water as he could in his hands , and with a cheerfull countenance , wishes and prayers for his health , present it unto him . nor was so altogether appropriate to those eastern countries where god speaks first unto his people , and the sun of his righteousness did arise , but was long ago practised in england where the custom was as gervasius tilburiensis , ( who wrote in the reign of k. henry the . ) informs us that in the reign of king henry the . ) upon all addresses to the king quaedam in rem & quaedam in spem offerre , to present the king with some or other presents , either upon the granting . of any thing , or the hopes that he would do it afterwards , and so usually as there were oblata , rolls or memorialls kept of it in the reign of king john and some other the succeeding kings and queens , who seldom escaped the tender of those gratitudes of aurum reginae , mony or gold presented unto them as well as unto their kings , and was a custom not infrequent in the saxon times , as appeareth by our doomesday book the most exact and generall survey of all the kingdom , and so little afterwards neglected as it was paid upon every pardon of life or member , and so carefully collected as it was long after in the reign of king henry the d by an inquisition taken after the death of gilbert de samford , who was by inheritance chamberlain to the queens of england , found that he had amongst many other fees and profits due unto him and his heirs by reason of his said office six pence per diem , allowed for a clark in the court of exchequer to collect and gather that oblation or duty . for if there were no damage to a prince in his dignity and sovereignty , as it must needs be of no small concern , it can be of no small importance in matters of profit and other necessaries appertaining to his regality and the necessary protection and defence of himself and his people , as hath been truly calculated and made demonstrable . and when homage hath been defined by our learned lawyers littleton and sr edward coke to signify no more then ieo deveigne vostre home , et mutua debet esse , dominii & homagii & fidelitatis connexio , ita quod quantum homo domino ex homagio tenentis , tantum illi debet dominus ex dominio praeter solam reverentiam , and sr edward coke citing a part out of the red book of the exchequer saith , omnis homo debet esse sub domino de vita & memibris suis & terrenio honore , & observatione consilii sui per honestum & utile , comprehended in the words foyall & loyall , salva fide deo terrae principi ; and servicium is by him defined in liege angliae regulariter quod pro tenemento suo debetur ratione feodi sui , and the manner of doing homage and fealty declared or appointed to be taken in king edward the , was , that he should hold his hands together between the hands of his lord ; our littleton long after writing his book saith , he shall be ungirt , his head uncovered , his lord shall sit and he shall kneel before him upon both his knees , and hold his hands joyntly together betwixt the hands of his lord , and say , i become your man , from this day forward , of life and limbs and earthly worship , and shall owe you my faith for the lands which i hold of you , saving the faith which i owe unto my lord the king and to mine other lords . et homo & homagium saith sr henry spelman sunt verba feudaliam & in fundamentis juris illius , and after the osculum or kiss of the lord received , ariseth and taketh the oath of fidelity to be faithfull and true unto him , and saith bracton homage becometh to be ex parte domini protectio , defensio , warrantia , & ex parte tenentis reverentia & subjectio . and our littleton defining fealty as it is amongst the feudists a fidelitate , saith , that it is to be true and faithfull to his lord for the lands which he holdeth of him , and shall faithfully do unto him the service which he ought to do . and gervasius tilburiensis cited by sr edward coke might have added to the definition of homage on the king or lords part something more from the tenant or homager then reverence and subjection , and not have omitted the greatest tie and obligation which was gratitude , for the lands at the first given to his father and ancestor for that only service ; the tenant holding his lands & services under a forfeiture but the king or lord not simili modo but reteyning and holding his propriety & directum dominium without any limitation the utile dominium appertaineth unto the tenant untill he forfeits and then the lord may enter upon the utile , and annex it unto his directum and dispose of it as he pleaseth . and sr henry spelman saith licet non juratum est in homagio sed in fidelitate , intelligendum est quod fidelitatis praestatio individue sequitur homagium , et in nostro jure fidelitas est de essentia homagii , nam si quis fidelitatem remiserit cassum facit ipsum homagium , and in the language of our old records writs and rescripts of our kings and princes , homage and fealty do so often go together , as they may be seem to be adjuncts each unto the other and are in effect as to the subjection and service but synonimous and consignificant , differing only in the ceremonies , as our littleton saith , in doing the same which in the direction and stile of our kings mandates unto one that hath actually done his homage , the word fidelis is many times used without any mention of homage , dilecto & fideli suo , as comprehending homage , fidelitas autem particularis apud anglos individue comitatur omnes tenuras , etiam dimissiones ad brevissimum tempus nunc dierum , & quamvis nunc dierum parcius exigitur relaxari tamen nullo modo potest sine tenurae interitu . and homage and fealty being such inseparable concomitants as not to be separated , homage in the capite and knight service conjoyning unto it , fealty which is the reality effect and service thereof , and homage in those tenures the only ceremoniall part thereof , which would be to little purpose without the faith fidelity and service which can subsist and perform its services without it , and was so understood by our kings and princes in their writs of summons to their baronage to their parliaments when making no mention of homage which is often respited , commands them infide qua nobis tenemini to appear and be present . for howsoever amongst kings and princes , those great concerns of them and their subjects may be allowed to insist upon punctilio's of honour and very necessary concernments , which might be consequentiall thereunto , which caused our great and prudent king edward the first when he did his homage to the king of france for the dutchy of acquitaine carefully to except his ancient right to the dutchy of normandy , and the french kings denying his brave and victorious grandchild edward the . to do his homage by proxy made him so inquisitive into his own better title unto that kingdom as the french king paid dear for it , and the english king at length the owner of that great and flourishing kingdom . when fealty is conjoyned with the oaths of allgeance and supremacy , the true born only legitimate issue and children of the feudall laws , they will be like a fold cord not at all in reason or justice to be broken , and in matters touching inheritances , nobility , titles of honour , womens dower of the part of lands , and tenements , fees , tenures in capite and by knight service , rents , escheats , fines , felonies , forfeitures , tryall by battell , cum multis aliis , &c. our laws being not only founded upon them but supported and guided by them , it may be wondred it should be so unknown to our common lawyers , whom a carefull reading of our glanvil bracton britton and fleta , and a better acquaintance with their mother the civill and caesarean and feudall laws , with a due inspection into the ever to be valued records of the kingdom might better instruct then the malecontent and ill affected sr edward coke and some other of the later school or edition of those which are called common saviors , as not to believe with great assurance that that which they call so generally the common law is for the most part , if not all , the feudall law which they are pleased to call the praerogativa regis declared and acknowledged in anno , . e. . and likewise that of the view of franck pledge the next year ensuing , and that it was therefore not unfitly wished by a late learned author supposed to be a post-hume of sr henry spelman , that some worthy lawyer would diligently read the feudall laws , and shew the severall heads from whence those of our laws are derived , wherein saith he the lawyers beyond the seas are diligent but ours are all for profit , and an act of parliament in anno , . made by king charles the . for the settlement of the kingdom of ireland , wherein notwithstanding that it was in the ● th , year of his reign ordained that all lands and tenements in england and ireland should be holden of him his heirs and successors in free and common socage , there is a proviso and exception that all lands tenements and hereditaments ( in ireland ) setled or to be setled on the soldiers who are out of said act , and not provided for shall be , held of the king his heirs and successors by knight service in capite ; and it is well known that our unruly neighbours in scotland that could never be satisfied with the fat and plenty of our land of goshen untill the lean kine had eat up the fat , and they had set our before happy kingdom on fire with their hypocriticall , dissembling , illegall , wicked covenant , did not in all the mischiefs and miseries which they brought upon us and themselves in those their rebellious designs , make it any part of their desires to change their ancient tenures in capite and by knight service into free and common socage , which by unhinging the government would have set all the wild beasts of the forrests loose and at liberty , and made the otherwise unruly and never to be governed numerous vassalls so masterless as to tear in peices their lords lairds or superiors , and turn that monarchy to do as well as it can amongst a herd of rudeness and incivilities in their plads and blew capps . and the hollandiae , zelandiae , frisiaeque principes terra marique potentes heretofore nullo externo usi milite ex veteri longobardorum consuitudine sub certa quadam feudalitiae necessitudinis lege hoc est mutuae inter dominicum patrocinum ac fiduciariam clientelam veluti pactionis nexu beneficiarii instituerentur qui conceptis verbis interposita juratae fidei religione pro beneficio accepto patrono suo militarem operam praeberent navarentque ut scilicet quoties usus posceret parati in armis essent id quod jure feudalistico proprium feudatariorium munus atque officium est . et cum praediorum defectu in these provinces which ingenio soli quod natura depressum ac uliginosium were naturally scituated cum incilibus passim fossis lacubusque ac paludibus intercussum haud sane faciles aditus ostentat confisa & turbas & seditionum praemia converteret , and therefore to untie those obligations betwixt the lords and tenants and enervate those strengths and promptitude to a confidence in their own power , charles the th emperour , edicto perpetuo anno domini . officia haec militaria vulgo servitia dicta in universum abragavit vassallisque omnibus remisit . ea tamen lege ut fundi clientelares functionibus publicis ( quibus hactenus imunes fuissent ) in posterum non secus atque patrimoniales obnoxii existerent , and having so farr inticed them out of their old into a much worse constitution , with taxes and the spanish inquisition managed by the duke d'alva in a most tyrannical arbitrary goverment , so desperated them as after a long time expended in intercessions without any redress obteyned , and those their discontents heightned and made use of , by the policies of their neighbours the english and french , who had reason to fear the ambitious encrochments and evil designs of the king of spain to oppress them that were his neighbours ; and by the assistance of his late conquest of the west indies with their gold and silver mines endeavouring to make himself to be as it were the atlas of the world and extend his dominions to a fifth monarchy and a ne plus ultra ; all which concurring and put together with the conduct and adventurous successfull care of the then prince of orange assisted by the united seven provinces , whereof holland zealand and west freisland were the greatest incouragers , of the other , caused that faedus ultrajectinum , which in a long series and continuance of time of years making those netherland belgick provinces to be a campus martius and field of bloud , hath with an intermission only of years truce after that centnry ended , occasioned greater ruines & effusion of blood then the wars joyned all together between rome and carthage , and caesar and pompey in the pharsalian fields . so long and fatall from the beginning to the ending hath been that unhappy project of the dissolving the hollandish zealand and west freizland ancient feud 〈◊〉 laws by the altering their tenures in capite and by military service , which howsoever they had so continued depressed during the heat and fury of that spanish war been laid aside and intromitted saith neostadius , haec olim celeberrima feudalis curiae quam oraculum bataviae was wont to be called , the lords the states of holland & west-freisland did by a publique decree order that omnia instrumenta feudalia publica & feudalia scrinia should be searched put & kept in order ; and in his epistle ded. unto the estates aforesaid & judges of the said feudal court dated no longer ago then in the month of sept. . from alemar , saith likewise , that de qua intromissa saepissime quaerebatur denuo instaurata fuisset adeo ut vos ( the estates ) qui hoc tempore ejusdem reminiscentis feudalis curiae senatores sive pares estis negligereaut aliis postponere non posse . and yet they do think themselves at this day to be as free a people as any in the world with an high and mighty hoghen moghen into the bargain . and the framers and voters of that overturning as much as it could of our ancient monarchy , ( many of whom , as house of commons , members in that parliament , were knights baronetts , knights of the bath and knights batchelors ) might have been something more cautious then they were , and taken more care of the fatall consequences that might and would inevitably happen , yea more then by chance by an unavoidable necessity , or for the liberties of manors in england and wales and a great many of manors & liberties in ireland which had no other originall or foundation then monarchy or the unrebellious feudall laws and it and their continuance , for what could they imagine but confusion and villany would follow in the order of baronetts created by king james in the th , year of his reign limited at the first unto the number of . now supernumerated unto almost . to hold by the tenure of maintayning . foot-soldiers at d . per diem for years for the regaining of the province of ulster in ireland , what for any of the honourable knights of the garter that have no priviledge of peers in parliament , what for the knights of the bath that are to be made at the creation of every prince of wales being the king of englands eldest son , what for such as our kings have honoured or shall be pleased to dignify with the honor of knighthood or the sword or to be an eques auratus ; what care was taken in that levelling act in the effect of turning the tenures in capite and by knight service into free and common socage , for the honour and degree of knighthood or of that more meritorious extraordinary one of knight banneretts : was it ever intended they should go all to plow with some ill brewed ale to wet their whistles , with their sword and guilt spurrs promiscuously , some with blew or red garters or ribbons , and the rest without , and could there be no exception or proviso's inserted in that act for those honourable degrees , which appertained so only to the sovereign or a power derived from them , as our queens regent , in their incapacities of wearing or brandishing a sword or personal fighting , are by themselves or others commissionated by them only to grant or give those priviledges which are not a few and can have no other derivation or reason for their commencement then a militando , not as common soldiers but ex strenua & continuata militia tantum adipiscatur honor , when by the imperiall laws knights ex jure concessione principis prescriptione & consue 〈…〉 dine , were anciently at the receiving of that honourable o 〈…〉 to swear not to reveal any thing by solemn oath or vow 〈◊〉 concerneth his sovereign or his countrey , never to put on armour against his prince , never to forsake his generall , never to fly the field of his enemy , &c. had jus annulorum as the equestris ordo were amongst the roman knights used to be honoured with , when at the battle and overthrow of them at cannes there were gathered amongst the slain bushell of rings , in england and other northern kingdoms had jus imaginum coate armorius and besides what sr edward coke cannot deny to be an ancient priviledge due unto knighthood , as hath been before said to be free ab omni tallagio , a knight is not to have his equitature or horse distrained and taken in execution although it be for the kings debt , a knight accused of any crime ( treason shall not be examined but before his competent judge , ) against a knight in warr no prescription runneth , neither shall he be compelled to be guardian to children , except they be the children of knights , shall not suffer any ignominious corporall punishment , as hanging upon a gibbet unless first degraded , nor be set at any ransome but such as he shall be able after to maintain his degree . and in time of peace hath been so much valued and esteemed as knights associated in the kings commission of oyer and terminer might hear and determine forcible entries and outrages in the same country or province . a coroner , formerly an especiall officer of the crown , was to be a knight , a sheriffs certificate , and return of the tallies of the kings creditors , and monies paid as due unto them is to be accompanied with the hands of knights ; a sheriff cannot remove a plaint out of an inferiour into a superior court without the testimony of knights . knights and no other are to be sent by the sheriffs to make the view de malo lecti ; the knights of the shires elected to be members of the house of commons in parliament ought to be gladiis cincti , and the commons have in parliament petitioned the king and obteyned a grant that it might not be otherwise , ou autrement tiel notables esquiers gentilhomes del nation des mesmes les counties come soyent ables d'estre chivalier & noul home destre tiel chivaler que estoite enles degrees de vadlet ( ou varlet saith mr selden ) & de south , an infant holding his lands in capite or by knight service shall not be in ward after he is knighted , a knight inhabiting in any city or town corporate shall not be impannelled in a jury for the tayal of a criminall , in a civil action for debt or the like , wherein any of the nobility are plaintiffs or defendents . knights are to be impannelled on the jury . a knight shall not be distrained to serve in person for castle guard , although he do hold lands by that tenure . a certain number of knights are to elect a jury in a writ of grand assize , and none but a knight should be permitted to wear a coller of s. s. or golden or guilt spurrs . and the dignity of chivaler or knight , hath been in england so honorable , as earls , besides their greater titles , would many times use the title of chivaler only , and at other times desire to receive the honour of knighthood from the king after they were earls , and our kings have sometimes sent their eldest sons to be knighted by other kings . and a villain which sr edward coke stileth a sokeman or one that holdeth in socage is not by the law of nations and arms to be made a knight , unless he can manifest himself to be a gentleman . so great a disparagement , inconvenience , and disarming , and disabling the nation , both in the defence of their king and themselves and their posterity and the honour and dignity of their kings and princes with as much wisdom as if they should make their most earnest supplications unto god almighty the king of kings to lessen the sun & make him to be no more then a small farthing candle , have the procurers & contrivers of that most prejudiciall act of parliament , for metamorphosing the tenures in capite and by knight service into free & common socage , brought upon us that ever was contrived , against the imperial crown & dignity of our kings and the safety of their people and subjects , wherein they have attempted , as much as they could , to manacle our monarchy , and invalidate and make ineffectuall at once that great and unvaluable service , done by the gallant and generous george monke , in his majesties most happy restauration , with his entire and just regalities . when they should rather admire , and give god thanks for that goodly fabrick and structure of our laws and liberties , under the best of monarchies , then seek to eradicate and pull them up root and branch , by hearkening to that wicked advice , which mr bond , the master of the savoy , in the time of their troubles , and some distresses happening to the hopes of erecting their project of a commonwealth , founded in the murther of their religious king , and the blood of multitudes of their fellow-subjects , gave unto his fellow-rebells , in a consolation sermon preached by him before the then usurped house of commons in parliament , that if they could not prevail , they should imitate sampsons revenge upon the philistians , by pulling down the house upon their heads , with an encouragement and assurance , that , if they should fail or miscarry in that cause of god , he would have it after his death to be written upon his tombe , here lieth he that was deceived in his god and his gospel . the scutifer armiger or esq. which in a right definction , and in its true etymon and radix is and should be less , and of a lower degree then gentleman , as de gente fabia cornelia , ( although of later times it hath been otherwise believed and used ) and is not equivalent unto that of a gentleman , who hath many priviledges , as to bear arms or coat armory , the clown varlet or sokeman shall arise and give him place . a gentleman ought to be preferred unto offices before any man ignoble , and in matters of testimony magis credendum nobilibus quam plurimis aliis , may wear better apparell as to his body , and use more rich utensils in his house or necessaries : his vote vow or opinion is in the election or scrutiny of voices next after the president or magistrate & primam vocem edit nobilis , the ungentle shall not challenge the gentle to a combat , quia conditione impares with more priviledges , which the civill caesarean and feudall laws have given them . and those confusion mongers might once , if ever they intend to repent , ought not only to look back into the days of old , where in all kingdoms and nations of mankind , they may see it was found to be necessary to have severall orders degrees and classes of people , according to each of their capacities , had under kings appointed by god , those that were fit for magistracy and councell , military men and such as were necessary for war by land or sea , plowmen or such as might manage or till the earth , opifices or tradesmen , with the plebs or imperita multitudo , and how much sin and villany , great damage , ruine and confusion they have committed or done against their kings themselves and their own posterities in assaying to make an head out of the feet , or turn an head into a foot , or what kind of reformation could those contrivers imagine could ever be made out of such a chaos of their own making , which will inevitably prove to be in the sequel as impossible as for circes inchanted cup soundly or deeply drank off ever to unswine those that had been inchanted or transformed by it , or what form or frame of government we should have , when the caesarean and feudall laws , and the ancient rectified and rational customes of the kingdom shall be massacred , when ( the happily escaping ) baronage , temporall and spirituall , the knights , esquires , gentlemen and freeholders , the later of whom had no other stile or title at the best then probos & legales homines , must be put under or into no better a respect or condition then to be sent to plow as villain or varlets , and be no more then socage or sokeman , of which that of villainage or husbandry , hath been both by our littleton and coke accompted to have been a part , for laudes apud gallo● liberi sunt aut serviles , vernacula laudes francks & laudes serfs , hi rei rusticae ascripti , tributa pendunt & opera servilia , illi ad militiam designati nobiles habentur & immunes a tributis . and all men but meanly acquainted with the beginning , rise , duration and continuance of the vast roman empire , must acknowledge that they were at the first but bubulci & opiliones , such a company of shepheards and heardsmen , as their neighbours the sabines scorning to intermarry with them , they were forced to ravish and steal their daughters to make wifes ; and that after many wars , troubles , seditions and expulsion of their kings , and abrogating of former laws and customes , they rowled , tumbled over and over , and so disquieted each other , as they were constrained to send to sparta and athens , to enquire what laws and government they had , which for a while contenting and keeping them in some order , whilst they were busied in the building up their empire robbing and conquering a great part of the world , although with troubles enough the while , in the often change and turmoile of their magistrates as in their decemviri , consuls , tribuni plebis patricii and commons with the bloody interchange of the marian and syllan proscriptious triumvirate &c. untill they arrived at the happiness of perpetuall dictator and monarchy , yet in all that time and after the division of that overgrown empire mole ruentis sua , into that of the west and east , they never sought to abrogate the laws of the tables , the fontes and origines of the civill laws and those voluminous comments which have been made upon them by their jurisconsults & though long after hidden as for a great part disused and driven almost into oblivion by the irruption of the goths and longobards into the western empire , and the establishment of their better-natured and approved feudall laws , untill about . years after they had escaped the edicts of those northern people to be burned and never more used , and being found safe and entire , were in the time of lotharius the emperor brought in a grand procession and ceremony by torch-light into pisa or florence , and so ever after lived peaceably and quietly in the neighbourhood of the feudall laws ; so as the one became assistant unto the other , cohabited and would never after depart from each other , and even the late commonwealth rebells could not amongst all their new-fangles and devices forbear their being much in love with the tryalls by juries both in civill and criminall actions , which had both their use and foundation from the civill and feudall laws ; and oliver cromwell could after he had over-reacht and mastered them , find no better expedient to maintain the grandeur of his wickedly-gained protectorship , but to borrow and make use of that part of the feudall laws which allowed a subservient peerage , and therefore created some of his major-generalls , ( amongst whom were those grand states-men hewson the cobler , pride the drayman , and kelsy the bodiesmaker , &c. ) members of an house of peers , which he would by another name have called the other house , as superior to his house of commons , or rebellion-voters , who having sate and executed as much power as he could bestow upon them , did , after death had cropt his ambition , and carried him to his deserved severe accompt , attend with their whole house in grevious melancholly and mourning , his funerall and magnificent charriott of state , to be buried in westminster-abby , to lye there untill the hangman afterwards by a better authority fetched away his hipocriticall carcass to a more proper place , with their long-mourning train , supported by or of his nicknamed peers . and after those pullers down , as much as they could , of our excellent foundations to build up their abominable babell of murdering their king , destroying , massacring , plundering , sequestring and decimating of his loyal subjects & ruining his royal posterity , should after his miraculous restauration think it to be a great piece of service to themselves and the whole nation , to put under the shame and ignominy of a tenure unto which our laws never yet afforded any more then the lowest of titles , as rusticks , men holding by the service of the plough and villainage , to teach the most ignorant and incapacious part of the people how to master , equall or abuse their betters , or invite the hogs and swine into the gardens and beds of spices , to root up , foul , and trample upon the lillyes of the vallies and roses of sharon , hoping thereby to frustrate the glorious actions of that great generall monke , in the restoring of the king unto his just entire regall rights , and to lay a foundation hereafter of binding him and our kings in chains and our nobles in fetters of iron , and to make an easy way for all the people of other kingdoms to order and govern their kings as they hoped , by transforming their laws and regalities into such evil and ignorant shapes , interpretations and constructions as the people , 〈◊〉 like the dogs in the fable of acteon , might ( when they pleased ) be the murderers of their kings and princes and of their own laws and liberties . but that great and prudent prince in the time of his travail and abode , after his fathers death in the parts beyond the seas , and other great actions done by him before he returned into england , as fleta a lawyer of good accompt and not meanly instructed , as well in the civil as common laws , or else mr selden would neither have caused his manuscript ( so long concealed in libraries and passing from hand to hand , of such as could be made happy by the view thereof ) to be printed and published with his learned dissertations or comment thereupon , saith , that there having been a congress or meeting at montpellier in france upon the th , day of november or some short time after in the year , about the th , year of his reign between him and many other christian kings or their embassadours , viz. michael paleologus imperator orientis , rodolphus primus occidentis , galliae philippus audax , castellae leonis alphonsus , decimus summus ille astronomus & partitarum author , scociae alexander tertius , daniae ericus octavus , poloniae bodislaus , hungariae uladislaus quartus , aragoniae jacobus , boemiae ottocarus carolus , siciliae hugo hierosolonicorum & alii complures minoris nominis , qui regum christianorum vocamme fruebantur , wherein certain agreements and provisions were severally made touching the resumption , of the lands and manors appertaining to their crowns & kingdoms , together with their homage , rights , & jurisdictions , wherein , although mr selden that great diver and searcher into antiquities seemeth to doubt of the truth thereof , for that scriptores de hoc anno non conveniunt , and at that time rodolphus caesar had granted unto pope gregory the th ; latifundia circumquaque amplissima quae antea imperii pars insignis ; and saith that assertion or place in fleta is locus prodigiosus , the rather for that azo item jurisconsulti illius ( aevi ) summi vecusti , and our bracton maketh no mention of it in his chapter de donationibus , nor britton in his compendium juris , neither is it found in any other jurisconsults , or in fortescue who lived long after . howsoever , notwithstanding the great reverence and respect which every man of learning or well-wishers thereunto must or ought to bear unto our great selden , that dictator of learning so universally acknowledged not only in england but in the parts beyond the seas to be decus gentis anglorum , i shall be of necessity constrained in this particular to v●ndicate fleta from what he chargeth upon him concerning the provisions and resolutions made and taken by our king edward the 〈…〉 and ●●e aforesaid christian kings and princes , who , especially alexander king of scotland and the kings of france , castill , and leon , near neighbours to england , or his french territories , together with the emperor of germany , and the king of sicily , by whom he had been sumptuously feasted in his return from jerusalem , might probably not have been ignorant of his own and his fathers and grandfathers troubles and ill usage , by some of his rebellious baronage and a party of the ecclesiasticall and common people depending upon them , or allured unto their ill usage of their kings and princes . but to appeal to his own vast reading and the company of his large and eminently furnished library , with his collection and recherches of and into all the records and choice manuscripts in england all the uuiversities thereof and forreign parts , the roman vatican not excepted , and what could be in that famous library of sr robert cotton whilst he lived , truly believed to be the esculapius librorum . and it will be undoubtedly certain that there hath never been , since the writings of the books of sacred scripture , any infallibility or absolute certainty , that a gospell of st thomas hath been assayed to be imposed upon the christian world , that st paul's epistle to the hebrews , though by the church admitted to be canonicall , have met with some jealousies , who was the author thereof , the great care of the monks , mentioned in the preface of dr watts his edition of matthew paris , to have truths ●n●y registred to posterity , have not freed us from the discrepancy amongst our ancient writers as unto matters of fact , as well as of opinion , and reasons given thereof , and even in that plain dealing monk of st albans matters of consequence have been omitted , though he was king henry the . his historiographer , which others have recorded , and some things recited that others have omitted , and it will ever be impossible to reconcile the every where apparent differences amongst ancient authors as to things done , when non omnia possumus omnes hath been truly said , one man may know all , and others but some part , one thinks it not necessary to record some things , and others the contrary , and quot homines tot sententiae , our english chronicles written by hollingshead , grafton , fabian , stow and sr richard baker , have not been written with one and the same pen memory or intelligence . and it is likely that all , or most of them , have not given us the true relation of the cause or misfortune of the firing or burning of the famous high steeple of st pauls cathedrall in london , and a great part of an hundred years hath passed , whilst the people have entertained a belief , that the height of that steeple and lightning had been the cause of it , untill a plummers boy , grown up to a very old man , did upon his death-bed confess that it was his own carelessness that did it by leaving of fire amongst the chipps that helped to melt the lead , whereby the steeple and church fell on fire , and that untill then he durst not reveal it . and our great selden may suffer the world to believe , that in his most excellent book of mare clausum , to prove the dominion of the brittish seas to appertain unto our kings of england he hath discovered more then ever was known or written of before by any author , and of many other his learned recherches in all the parts of the most severe and hidden learning through the western and eastern languages , opening and discovering of many of the rich mines of knowledge & learning , which untill his industrious labours had blessed the world with the knowledge thereof , had yet probably lain as it were buried and concealed . and certainly were that summus ille vir great man of learning now living , he would ingeniously confess that , that even in his own times our great physitian the learned doctor harvey hath discovered and made it to be confessed and believed , without any contradiction of the learned in the medicinall art , that the blood in the body of a man doth circulate unto the heart , which gallen , hypocrates , avicen , averroes , or any the medici , physitians , and anatomists pancirello and his learned commentator salmuthius that travailed so much in the search of the occultia & nova reperta of the world from the creation thereof , never met withall or were able to demonstrate as he hath done , and mr selden must of necessity permit it to be likewise believed that our english annalists , historians and records will witness , that before the reign of king edward the . and that grand parliament , or congress of him and the aforesaid christian kings mentioned by fleta , our henry the . king of england , did not only resume and call back to the revenues of his crown divers manors , lands and hereditaments , which his royall predecessors had aliened , but king edward the . henry the th , th , and edward the th , did the like . for choppinus in his book de antiquo dominio regum francia hath given us the reason and necessity thereof , and our parliament rolls can evidence that the commons of england have complained that our kings have granted away to their subjects too many of the liberties belonging to the crown of england , and it was one of the articles , exhibited against the rebelliously deposed king richard the . that he had aliened certain manors and lands of the crown . and the actions and proceedings of king edward the . after his return into england , and that aforesaid congress and meeting of so many christian kings and princes , must of necessity greatly corroborate and confirm fleta's before-mentioned assertion , when the great actions of that prince after that he came into england may evidence that he was diligent and carefull in the performance of what he undertook and understood rationally to be done in his own kingdoms and provinces , and might well think that many of the aforesaid other kings and princes would have done the like , if some other evenements or disturbances , as the long continued wars in france , and the aurea bulla in the empire of germany , had not lessened or hindred their resolutions . so as our excellently learned mr selden may give me and others leave to say , that when fleta recited that dreadfull procession , imposed and put upon king henry the . to walk through westminster hall to the abby church of westminster , cursing and condemning to hell the violaters of magna charta and charta de forresta , and saith it was done in praesentia & assensu regis henrici , archiepiscoporum , episcoporum , abbatum , priotum , comitum-baronum , magnatum regni angliae , he doth not mention king johns charter being read , as mathew paris and samuel daniel have related , or of the record before specified of the kings speciall saving of his regalities , and it happened well that none of the predecessors or progenitors of the house of commons in the parliament of . and their continuators , through all that long and fatall rebellion , the most ingrate and greatest infringers of magna charta and charta de forresta , and as great over-turners of reason , laws , religion , and truth , and the english nation , and the sense , construction , and true meaning of the words heretofore used , or misused therein as ever was or hath been in any nation , countrey , or kingdom , or at the confusion of languages at the building of the tower of babell , or amounting to all the nonsence that hath ever since been spoken by or amongst mankind in an everlasting spirit of contradiction to reason , truth and the laws of the land. and fleta , a contemporary lawyer , under that valiant and prudent prince hath likewise recommended to after ages that res sacras coronae fuere liber homo , pa● , jurisdictio muri & portae civitatis quae nullo dari debeant . and that res quidem coronae sunt antiqua maneria regis , homagia , libertates & hujusmodi quae non alienentur , tenentur rex ea revocare , secundum provisionem omnium regum christianorum apud montem pessulam mompellier in languedock anno regni regis edwardi , fil . regis henrici , quarto ; et si de escaetis suis perinde debeant ad valenciam , nec valebit deforciantibus longi temporis praescriptio , diuturnitas enim temporis tantum in hoc casu magis injuriam auget quam minuit , cum constare debeat singulis quod hujusmodi libertates de jure naturali vel gentium ad coronam tantum pertineaut . and that great king was so more then ordinarily carefull of the rights and honor of his crown and regall authority , which had been too much depressed and misused by the rebellion of simon montfort , and some rebellious barons , and his fathers imprisonment , with the wars and hardships put upon them , & did so well provide against any the like troubles and convulsions of state , as in his return through france , and abode for some time in aquitain , where he was sumptuously feasted by the king of france he took an especiall care when he did homage to him for aquitain and some other dominions he held of him in that kingdom , to limit it only unto them and except normandy , where he expended much time in the setling of his affairs . but howsoever summus ille viz our mr selden was of opinion that so remarkable a provision and monarchical resolution of our king edward the first and so many emperors and christian kings and princes to conserve the rights of their crowns reported by fleta , was prodigious , and taken too much upon trust and an over facile credulity of our carceratus fleta as he termed him because resumptions of the sacred patrimonies aliened had been used here in england long before and not used at or about the same time by rodulphus primus the emperor of germany when he granted to pope gregory the th , bononia ( in italy ) et latifunda circum quaque amplissima quae ante imperii romani pars insignis and permitted to be aliened to the pope who was not then so easy to be resisted , and that choppinus and those many great and learned doctors of the law that had written and argued so much concerning those kind of alienations and our own historians had been altogether silent therein yet that decus anglorum gentis might in his great recherches of our english records laws and annalls have found that our king edward might have been believed to have taken such councel either from his former calamities , in his & his fathers time , or by a generall consult with some or all of those christian princes or their legates for that he was no sooner arrived in his own kingdom and dominions but he began to busy himself as much as his other great cares and variety of troubles would suffer him to do in the allaying the unquietness of the disturbances which humfrey do bohun constable of england , rigor bigod , earl marshall of england , gilbert de clare earl of glocester and many other the remains of his fathers more then cammon distresses , and in his wars with scotland and annexing the rights and superiority of it to his crown of england in the placing & displacing of the kings and heirs thereof a regality superlative not to be neglected and an effect pertinent enough to that monarchick universall consult ; when in the fourth year of his reign an enquiry was made of all the manors and lands , tenements , parks , buildings , woods , tenants , commons , pastures , pawnage , honey , herbage , and all other profits of forrests , waters , moors , marshes , heaths , turbury and wasts , and how much it was worth by the year , mills , fishings common and severall freeholders and copyholders , by what service they did hold their land by knight service or in socage , and what reliefs what customary tenants and by what works or service they did hold ; what rents of assise what cotages and curtilages and what rents they do pay by the year , what pleas and exquisites of the counties and of the forrests and what they were worth by the year , what churches of what yearly value and who was the patron with the yearly value of herriotts fairs markets escheats customes services fore time works and customs and w 〈…〉 t●e pleas and perquisites of courts fines & all other casualties were worth by the year or may fall by any of those things ; an inquisition much resembling that of the norman villains enquest in the book of domesday or that which long before preceded it called the roll of winchester and in his elaborate recherches of all the ancient records annalls historians manuscripts and memorialls of the brittish saxon scotish and english nations for the clear evidence and manifestation of his undoubted right to jus superioritatis oftke kingdom of scotland . and in the same year what things a coroner should enquire of purprestures or usurpation upon any of the kings lands and that they should be reseised . a statute of the exchecquer touching the recovery of the kings debts made in anno . e. . a cessavit per biennium to be brought by the chief lord with a forfeiture upon him that neglecteth to do his service by the space of years . in anno . fined of of his judges accused and indicted of taking bribes and very great summs of mony statute of quia emptores terrarum that the feoffs shall hold his lands of the chief lord and not of the feoffer . and afterwards caused the judges at their return out of their circuits to rectify in rolls of parchment all fines and amercements due unto him and ordered them to receive only their then small wages thereout , curbed the clergy that denied to give him aids , and forbad them to come to his parliament which was holden , untill their submission with a clero excluso and granted his writs contra impugnatores jurium regis , made statutes of quo warranto in . e. . that every man should shew cause how he claimed or held his liberties . ordinatio de libertatibus perquirendis . e. . statute of wards and reliefs anno. . e. . another statute of quo warranto . anno. . e. . ordinatio forrestae anno. . e. . so that pace tanti viri with all the honor and reverence that can or ought to be given to mr selden that dictator of universal & solid learning it may be said that our fleta which was by him so well esteemed as to have been published and caused to be printed with his learned dissertations and comment thereupon might well have escaped his scruples and distrust , when in that great kings travail from hierusalem or out of aba homewards he was royally feasted by the king of sicily one of the aforesaid confederate christian kings the pope and divers princes of italy . and when the pope had afterwards demanded years arrears of him for an yearly tribute of . marks for the kingdom of england and ireland enforced from king john did by his letter answer that the parliament was dissolved before his letter came unto his hands and that sine praelatis & proceribus ( no commons therein mentioned ) comunicato concilio sanctitati suae super praemissis non potuit respondere & jurejurando in coronatio sua prestita fuit astrictus quod jurat regni sui servabit illibata nec aliquid quod diadema tangit regni ejusdem , ( no such oath or promise being in the coronation oath ) ut nihil abusque illorum requisito concilio faceret ; and that greatly learned man could not but acknowledge that there were afterwards resumptions of crown-lands in the reign of king henry the . the alienation of some of the crown-lands severely charged upon king richard the d . anno. . h . by an act of parliament and in the reign of king edward the th , at the request and upon the petition of the commons , and were much more needfull then those that had been before in the reign of king henry the . made leoline prince of wales to come and do him homage and baliel king of scotland attending in our p●rliament to arise from his state placed by the kings and stand at the bar of the house of peers whilst a cause was pleaded against him . and it might not be improbable that that league betwixt that king and the aforesaid christian princes might be entred not amongst the common rolls and records of england but of gascoigne where it was most proper and that some vestigia of his great actions might be there found of it as well as that of the th year of his reign of a summons of divers english barons to come to his great councell or parliament , in england ; and it could not be unknown to that great man of learning , that as authors and writers have learned and writ one out of another , so have many wrote that singly and alone which many of the contemporaries have either not been informed of or did not think fit to mention the dreadfull plagues of egipt and the most remarkable that ever were in so short a time inflicted by god upon any nation of the earth , since the universall deluge , destroying all but the righteous noah & his family & the several kinds of creatures perserved with him , & the passage of moses thorough the red-sea in his conduct of the people of israel into the land of canaan were not to be thrown out of the belief of christians & all others venerating the sacred scriptures , because plato or pythagoras travailing into egypt in the inquest of learning have given us no particular accompts thereof , and it will ever be as truly said as it hath been , that bernardus non videt omnia & the ancient institution rites & ceremonies of the most honourable garter is not to be suspected because our law and statute books have not made such discoveries , recherches , or a worthy and most elaborate record thereof as the learned and judicious mr elias ashmole hath lately done , or our glauviles book de legibus & consuetudinibus angliae is not to fall under the question whether he was the lord chief justice of england that wrote it because there hath not been so much heed taken of him as ought to be by our common-law year-books or memorialls of cases adjudged in our courts of justice and later law books when the learned pancirollo in his book de deperditis ac etiam de novis repertis and the exquisitely learned salmuthius in his comment or annotations thereupon , or the learned pasquier in his recherches and our ever to be honored mr selden in his rescuing from the injuries of time those many before hidden truths which he in his history of tithes jauus anglorum analett brittanniae titles of honor de synedriis judeorum u●or jus naturae & gentium historia ead mei cum multis aliis , and those very many discoveries of learning and truth which the world must ever confess ought to be attributed to his walking in unknown paths nullius ante trita pede have very justly escaped any such suspicions and that long and eminent treaty for peace at nimiguen for divers years last past managed by most of the monarchs of europe and their concerns wherein the care and mediation of our king in the charge of his plenipotentiaries have not wanted gratefull testimonialls of the many very much concerned kings and princes in the putting a stop to the warrs effusion of blood and devastation of so great a part of christendom is not or ought to be placed amongst the non liquets or doubtings of after ages because ( which by some incuria or neglect of our recording of it amongst our archives , which the more is to be pittied is not much unlikely to happen ) it is not to be met with amongst our records or historians . when the so much deservedly admired speculations and experiments of the excelently learned sr francis bacon lord verulam in his philosophy more then aristotle and many others had made those discoveries of des cartes , depths and investigations of our sr kenelme digby into the most abstruse parts of learning and that great addition now every where allowed to be true to that most necessary and usefull art or faculty of physick of the circulation of the blood in the bodies of men first discovered and made apparent by our late learned doctor harvey , though the egiptian arabian and grecian doctors and the greatly famed galen and hypocrates had in all their labors knowledge and practice not so much as taken notice of it were never the worse but rather much the better that former ages and men in the length of art and the short curriculum of their lives often intermitted with sickness and the cares and troubles of the world had no sooner communicated it neither ought the truth and value of our allways highly to be esteemed seldens labours in the vindication of our kings sovereignty in our brittish seas suffer any abate because no englishman before had undertaken it , or of his learned observations and comments upon sr john fortescues book de laudibus legum angliae because he did not mention or had discovered that that over-tossed and turmoiled worthy and learned chancellor was after the expulsion of the henrys . . th , of the house of lancaster under the later of whom he had faithfully served from the inheritance of the crown of england by king edward the fourth , with his better title enforced publickly to beg his pardon and with much ado and by writing and delivering unto him a book contradicting the title of those former kings and asserting that of his own , which appeareth in that act of parliament in the th year of that king for the reversall of his attainder . and those disturbers and misuses of our fundamental laws might do well to sit down and consider that our uncontrolled every where in england venerable littleton can certify us , that if a man hold land of his lord by fealty only for all manner of service , it behoveth that he ought to do some service to his lord , for if the tenant ought to do no manner of service to his lord or his heirs , then by long continuance of time it would grow out of memory whether the land were holden of the lord or his heirs , and thereupon the lord may loose his escheat of the land or some other forfeiture , so it is reason that the lord and his heirs have some service done unto them to prove and testify that the land is holden of them and that without taking away the fealty and repealing the oaths of allegeance and supremacy the duty and oaths of the subjects remained as they did whilst they held their land in capite and by knight service . which probably as may sadly be lamented could never have hapned if the later men of the law in england had not by the space of something more then forty years , last past , leaped over ( as it may be feared they have overmuch done ) the successive learned labours and books in a long process of time in the reign of our regnant kings and princes divers judges and sages of our laws recording from time to time cases judgments decrees and dicisions maturely and deliberately adjudged therein : but too much neglected those guidings better guides and faithfull directors the civill and feudall laws , and suffred their studies and practice to be imployed and incouraged in the factious se●i●ious & rebellious principles of those times , by following the gross mistakes of sr edward coke in his discontent malevolence and ill will unto the necessary and legall regalities of the crown and idolizing , as he did , those grand parcells of forgery and imposture entitled the mirrour of justice , and the modus tenendi parliamentum , and their neglecting the readings of glanvile , bracton and britton , and other good authors . and the civil law was the parent and mother of many of the maximes and principles of that which is now called our common law , and those men of the law who without books subsistence or estates , when they went beyond the seas , with their sovereign , and had not there the opportunities of the knowledge or help of the records of the kingdom that might have been their best instructers , were for the most part but young gentlemen born and bred in the times of our distempered parliaments , ( as those were that tarried here , who walked along with the rebellion , too much adhered unto them ) and came weather-beaten again with his majesty , had understood as they might have done , the originall foundation and continuance of our monarchick government . but king edward the . who had passed over and overcome so many hardships , difficulties , misfortunes , and storms of state , was so unwilling to be afraid of a part of his unquiet baronage , or to humour the popularity and ignorance of any of the common people , or to be in fear of them , or of any their factious or seditious machinations , making what hast his affairs would permit to return into england , where his father having by his death escaped the restless conflicts of a long and troublesome reign , and his exequies and ceremonies of buriall performed , róbertus kilwarby , cantuariensis archiepiscopus , gilbertus de claro comes gloverinae , ( a man that had been in armes and opposite enough against his father and himself in the former convulsions of state ) and john warren earl of surrey ( saith samuel daniel went up to the high altar ) cum aliis praelatis ac regni proceribus londiniis apud novnm templum convenerunt edwardum absentem dominum suum ligeam recognoverunt paternique successorem honoris ordinaverunt assensu reginae ( non populi ) and before his return into england john earl warren and gilbert de clare earl of gloucester in the abby church of westminster sware unto him fealty ( without asking leave of the people ) and proclaimed him king , although they knew not whether he were living or dead , caused a new great seal to be made , and appointed six commissioners for the custody of his treasure and peace , whilst he remained in palastine , where by an assassin feigning to deliver letters unto him , he received dangerous wounds with a poysoned knife ( then said and believed to have been cured by the love of his lady , that paragon of wives and women , who sucked the poyson out of the wound , when others refused the adventure ) and after years travail from the time of his setting forth , many conflicts and disappointments of his aids and ends , left acon well fortified and manned , and returned homewards , in which as he travailed , he was royally feasted by the pope , and princes of italy , whence he came towards burgundy , where he was at the foot of the alpes met by divers of the english nobility , and being challenged to a tournament by the earl of chalboun , a man of extraordinary renown , successfully hazarded his person to manifest his valour . thence came again into england , with the great advantages of his wisdom , courage , and reputation , assisted by the memory of the fortunate battle at evesham , and his actions in the east . sect . xviii . of the methods and courses which king edward the . held and took in the reformation and cure of the former state diseases and distempers . king edward the st , was together with his queen crowned at westminster by robert archbishop of canterbury , ( alexander king of scotland and john duke of britanny attending that solemnity ) which being finished he shortly after forced leoline prince of wales ( who had taken part with montfort against his father king henry the third ) to do him homage , and after a revolt imprisoned and beheaded him , did the like to his brother david , and united wales as a province to england , made the statute of snowden , considered and perused their laws , allowed some , repealed others collected some , and added new , as he well might there do , ( for the prince or king which governed wales had always used so to do ) and appointed one to give his assent to the election of bishops and abbots . and when the pope demanded yeares arreares for the rent or tribute of the kingdoms of england and ireland enforced from king john , did by his letter answer that his parliament was dissolved before it came , and that sine praelatis et proceribus communicato concilio sanctitati suae super praemissa non potuit respondere , et jurejurando in coronatione suam praestito fuit obstrictus quod jura regni sui servabit illibata , nec aliquod quod diadema tangat regni ejusdem ( no such clause or promise being in the coronation oath ) ut nihil absque illorum requisito concilio faceret . sent to franciscus accursius docto : of laws resident at bononia in italy , the son of the famous accursius the civil lawyer , to come with his wife & family into england & by his writ to the sheriff of oxfordshire commanded him to deliver unto the said doctor accursius the king 's manor house and castle of oxford ( then no mean place ) for him and his wife to inhabit . did so imitate the wisdom and providence of the roman and caesarean laws , as augustus caesar , and other of the succeeding emperours had done , as he gave unto men learned in the laws ( which was more for the peoples good then in their suits and actions at law to court and live under the protection and humours of their popular patroni's ) libertatem respondendi to give councell and advice to their clients in their concernments at law and direct and plead their causes , and was with us in england the originall of our serjeants at law , and pleaders mentioned in the statute made in the d year of his reign with great penalties to be inflicted upon them for any falshoods or deceits which should be committed by them , which in the d year of the reign of king edward the d came to be so much in use and reputation ( much more since augmented by the grace and permission of our kings and princes into an eminent state and degree ) as they are only to be made and constituted by the king's writs , appointed for the people to help them to justice in their causes or actions either as to prosecute for their rights , or defend them from wrongs , and oppressions , and intimate , and shew unto judges what the laws do require to be done according to justice and equity , and must needs be gratefull to the people who were so thereby freed from maintenance , champerty , and quarrels too frequently haunting the courts of justice as it was enough for an advocate or lawyer in discharging himself from actions brought against him for champerty or maintenance to plead that he is homo legis and was retained by his client . although the word narrator or narratores pleaders have been found to have been used in the later end of the reign of king henry the . which might either proceed from the civill or caesarean laws whereof the lawyers of those times would have been ashamed to have been such profest enemies as some of ours are pleased to be , because they do not or cannot afford to understand their excellencies or from the use or misapplication of some newly devised verba novata by some rash or inconsiderable authors or writers unto some long before by gone and past ages such as hint sham , &c. not at all in those times made use of or understood which have produced great digladiations and disputes both amongst writers and readers and made many that otherwise would not or should not go to cuffs in the dark for little or nothing . and to satisfy his subjects in the grand concernments of their laws , and liberties , lives , and estates , and to cause them to be fully kept , and executed , sent his writs to his justice of chester , and the sheriffs of all the counties of england in these words , viz. cum propter communem utilitatem & totius regni nostri meliorationem & populi nostri relevationem de communi concilio praelatorum & magnatum regni ejusdem ( no knights , or citizens , and burgesses for the commonalty being then present or believed to have been necessary ) quasdam provisiones & quaedam statuta cum magua diligentia ordinari & postmodum sigillo nostro signari fecerimus tam a nobis quam a ministris nostris quibuscunque quam ab ipsis praelatis & magnatibus nostris ac tota communitate regni praedicti ( then understood to be included in the advice of the prelates and nobility ) ad perpetuam memoriam rei gestae inviolabiliter observand vobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes quod provisiones & statuta illa in pleno com. cestr. & in singulis hundredis ejusdem comitatuus , civitatibus , burgis , villis , mercatoriis , & locis aliis ubi expedire videritis legi & publice & solempnitor proclamari & ea in omnibus & singulis articulis suis & ab omnibus de baelliva vestra futuris temporibus juxta tenorem corundem firmiter & inviolabiliter observari & provisionibus & statutis illis sic proclamatis & ea in singmlis locis infra ballivam vestram ubi expediri videritis distinct & aperte conscribi & ea fidelibus nostris locorum illorum sic scripta sine dilatione liberari vobis ac ballivis & fidebus nostris habere cum eis indigueritis ostendenda & quatuor vel duobus militibus de fidelioribus & discretioribus militibus comitatus praedicti de assensu totius communitatis trad● faciatis ( those knights only and no citizens or burgesses trusted therein ) ad securitatem dictae communitatis cusiodiend . & it a vos habeatis in hoc mandato nostro exequendo ne nobis seu aliis per vos vel vestros seu vobis per defectum vestrum vel vestrorum imputari possit vel debeat quod ea quae in dictis provisionibus & statutis continentur vel corum aliquae in balliva vestra minus plene observentur , & hoc vobis & universitati comitatus praedictitenore presentium significamus , t. r. apud westm. die mar. consimiles literae diriguntur singulisvice comitibus per angliam , which needed not to have been said there if there had then been an house of commons in parliament or any such comprehension or representation of commons by commons in parliament as the authors of their supposed sovereignty have fondly imagined . and at the instance of john de cobham altering the tenure of some of his lands in gavel-kind , did it by his charter in these words , ad regis celsitudinis potestatem pertinet & officium ut partium suarum leges & consuetudines quas justas & utiles censuerit , ratas habeat & observari faciat inconcussas , illas autem quae regni robur diminuer potius quam augere & conservare abolere convenit aut saltem in melius commutare . directed his writ to roger de seyton and other his justices itinerant at the tower of london in these words , viz. rex dilectis & fidelibus suis magistro de seyton & sociis suis justiciariis itinerantibus apud turrim london , sal●tem . sciatis quod per dominum h. regem patrem nostrum & nos , ac consilium , nec non & alios fideles suos qui cum eodem patre nostro convenerant apud marleberge provisum fuit , quod si coram quibuscumque justiciariis itinerantibus appellum vel querimonia fieret de roberia & pace fructa vel homicidio aut aliis commissis tempore guerrae nuper suborte versus eos qui fuerunt contra eundem patrem nostrum vel alios , aut dc hujusmodi commissis presentationes fierent sicut ad capitula coronae fieri solent , nullus ea occasione amitteret vitam vel membra , aut penam perpetui carceris incurreret , set alio modo de dampius & amissis vel ablatis & transgressionibus fieret judicia & castigatio secundum discretionem justiciariorum dicti patris nostri & insuper diligenter attenderent & observarent ea que continentur in dicto de kenilleworth . et habeant justiciarii in singulis itineribus suis transcriptum dicti prefati , ita quod de his quae per alios justiciarios ips●●s patris aostri ad hoc assignatos termina fuissent seu terminari deberent , nichil facerent justiciarii dicti patris nostri itinerantes sine speciali mandato suo , si forte sibi idem pater noster aliquid injungeret & sciendum quod tempus guerrae incepit a quarto die aprilis anno. regni dicti patris nostri quando vexillis explicatis exivit cum exercitu suo ab oxonia versus northt . & duravit continue usque sextum decimum diem septembris anno regni dicti patris nostri xl . nono quando apud wyntouiam pacem suam post bellum de evesham in presentia baronum suorum qui ibidem convenerant firmari fecit & clamari ; ( no commons or knights or burgesses representing for them ) provisium fuit etiam ne aliquis amittteret vitam vel membra pro roberiis aut homicidiis aut aliis commissis sub specie guerrae per illos qui contradictum patrem nostrum erant a quarto die junii anno regni ejusdem patris nostri xlvii . quando illi vexillis explicatis primo per terram suam incedentes roberias homicidia & incarceraciones tam personis ecclesiasticis quam secularibus fecerunt usque ad predictum tempus quo ab oxonia versus northt . cum exercitu suo recessit . de aliis autem quae tempore illo sub specie guerrae non fiebant haberetur tempus illus velnd tempus pacis . a tempore autem supradicto quo apud winton pacem suam firmari fecit & clamari , curreret lex pro ut tempore pacis currere consuevit . ita tamen quod illi qui fuerint apud axeholm . sive apud kenill , vel insula elyens . vel apud cestrefeld vel postmodum apud suwerk observaretur plene pax sua prout eam habere deberent sive per dictum de kenileworth sive per privilegia sua de pace sua sibi concessa . de illis autem qui cum com. gloverniae in ultima turbatione fuerunt , observaretur pax facta inter dictum patrem nostrum & ipsum com. ita quod a tempore quo dicto comes recessit a wall. versus london . usque ad diem quo recessit a civitate praedict . non procederent justic. contra ipsum vel eos qui erant in parte sua . et hoc de illis tantummodo intelligeretur . de depredationibus autem utrobique factis & tempore praedicto observaretur hoc quod pace inter dictum patrem nostrum & ipsum comitem facta continetur . et ideo vobis mandamus quod hec omnia in prefato itinere diligenter observari faciatis . t. r. apud kickleton . xix . die marc. . e. . he commanded the sheriffs to distrain every man that had l. per annum , in land , or a whole knights fee of the li●e value , and hold of him in capite & milites esse debent & ad arma militaria within such a time a nobis suscipiend . which was like a nursery for military affairs for the continuance of those gallant necessaries for publique defence in and by the obligations of their tenures , wherein a great part of our fundamentall laws , oaths of allegeance , loyalty , and duties of subjects do subsist . and by an inquisition taken in the same year at launceston in cornwall by a commission out of his court of exchecquer , it was found by a jury that dominus ratione regiae dignitatis & coronae suae habet privilegium quod nullus in regno suo aliquo qui sit de regno angliae alieni homagium sine fidelitatem facere debeat vel aliquis hujusmodi homagium vel fidelitatem ab aliquo recepire debeat nisi facta mentione de fidelitate domino regi debita eidem dominus regi observanda episcopus exon adfuit contrarium &c. et in contemptu , &c. et le evesque mis a respond . and like a second justitian did cause john le breton one of the justices of the king's-bench , or , as others have written , bishop of hereford , to compile in his name a book of the laws and customs of england , wherein the king directring the book to all the people , which were under his protection par la soufrance de dieu , saith , for that peace could not be without laws , he had caused those which had been heretofore used in his realm to be put in writing , which he willed and commanded should be observed in all england and ireland , en toutz pointz sauve a nous de repealer & de eunoiter , & d' amander a toutz les faitz que nous verron que bon a nous serra par l'assent de nos countes & de nos barons & autres de nostre conceil sauve les usages a ceux que prescription de temps oul autrement use en taint que leur usages soyent mys discordants a droiture ; in which book and the droits de roy there is no mention made of the election and summoning of knights of the shires , citizens and burgesses , to parliament . by his edict or proclamation prohibited the burning of seacole in london and the suburbs thereof for avoiding its noysom smoak ; and without any act of parliament divided wales into shires , and ordained sheriffs there as was used in england ; caused some london bakers not making their bread as they ought , to be drawn upon hurdles and men for rescuing a prisoner arrested by an officer to have their right hands cut off by the wrists . fined without advice or assent of parliament ( which might well be so understood to have been so upon the act of parliament in anno of his reign , ordained that such offenders should be ransomed and punished at the kings will and pleasure ) sr ralph hengham chief justice of his bench marks , sr john lovetot chief justice of the common pleas marks , sr william brompton marks , sr solomon rochester ( or roffey ) marks , sr richard boyland as much , sr thomas sodenton marks , sr william saham marks , roobert littlebury clark master of the rolls marks , roger leicester no less , henry bray escheator and justice of the jews marks , sr adam stratton chief baron of the exchequer marks , and thomas de weyland being the greatest delinquent and of the greatest substance , could not be so easily excused , but was banished and had all his goods and estate confiscate to the king , only john de metingham & elias de beckingham ( two of the itinerant judges , to their eternall honour , saith henry spelman appearing guiltless and righteous in that severe and kingly examination and justice ) purged his courts of justice and the officers and clarks thereof from bribery and extortion , banished the usury of the jews , hanged . of them for abusing the coyn and money of the kingdom , curbed the pretended independent power of the clergy , clipped their jurisdictions , and upon their refusall to pay tallage towards his wars , seized many of their temporallities , put them out of the protection of his laws and justice and caused them to be excluded out of one of his parliaments untill their submission , whom he had by wofull experience understood to have had too great an influence upon some of the unquiet nobility . made himself the arbitrator and umpire betwixt the many great pretenders to the crown of scotland , amongst which was erick king of norway , and received the homage of the king thereof , and in his claim to the superiority strongly asserted it , when the pope had by his letter unto him mediated on the behalf of the king of scotland , and claimed that kingdom . and was so watchfull over his own rights and what belonged to his crown and dignity , as upon an appeal from john baliol king of scotland and his parliament to the parliament and court of the k. of england , unto which when he was summoned personally to appear before him , & appearing , sate with him in parliament , was suffered no longer to sit by him , but untill the cause came to be heard , when he was cited by an officer to leave his seat , and commanded to stand at the barr appointed for pleading , which he having no mind to do craved leave to answer by his procurator , but was denied , and as a feudatory made to arise and descend to the barr , and defend his own cause before him as his superiour . which by the ancient feudall , fundamentall laws of england without the assistance of any other of our laws concerning treason , might have excused and justified our excellently virtuous queen elizabeth in her unwilling tryall , condemning beheading and putting to death mary queen of scotland her feudatory , not only for usurping the arms and title of the crown of england , but plotting after her flying for refuge unto her , and her kingdom of scotlands superior for resuge , to bereave her of her kingdom of england and the dominions thereof , by her intended marriage of the duke of norfolk , for which he was likewise condemned and executed for treason . in the same year by his writ commanded to be arrested susurrones & publicos predicatores contra personam regis . in the th year of his reign upon occasion of false rumours sent his commissioners into severall counties of the kingdom , ad inquirendum qui dicebant regem inhibuisse ne quis blada sua meteret , vel prata sua falcaret , & quod omnes tales sine dilatione in prisona custodiantur douec authores suos invenerint & tunc liberent & authores in prisona custodiant donec pro deliberatione corum mandatum habuerint speciale . in the th , year of his reign for a fine of marks paid by w. gave him a respite de se militem faciendo . et a pres il fut amerce per les justices itinerant parceo q'il ne leur monstre son charter . in the th year of his reign granted authority to signify his assent to a future abbot . and in the same year impowred edmond earl of cornwall to admitt in his name the mayor of oxon , when the commonalty of the town should present him , and the like for the mayor and sheriffs of london . in the th , year of his reign granted to the citizens of london power to make sheriffs of london and middlesex . in the th , year of his reign directed his writts to the sheriffs in the words ensuing , cum de consuetudine regni qui habent libratas terrae vel feodum militis valens libratas terrae vel feodum militis valens libratas per annum distringerentur ad arma militaria suscipiendum nos ob servitium &c. in wallia a communitate regni nostri volumus quod non habentes tantas libratas terrae non distringantur . ordained that in parliament certain bishops , lords and other their assistants should be named of that honourable assembly of parliament at the very beginning thereof , which for many ages after hath been duly observed , to be receivers and tryers of the petitions , complaints , and desires of his people to be exhibited therin whether properly to be there determined or in the courts of justice in westminster-hall or other inferior courts . in the th and , years of his reign made his cousin edmund earl of cornwall custos regni . spared not in his court of kings-bench robert the son of william de glanvile and reginald the clark of the said william for delivering at norwich a panell of the kings writs , which the king 's coroner ought to have brought . banished his son prince edward from his court & presence for months for giving reproachfull words to a great officer of his court or houshold . caused the prior of the holy trinity in london and bogo de clare a man of great power and reputation to be arrested at his suit by peter de chanet steward of his houshold , and walter de fancourt marshall of the king for citing edmond earle of cornewall to appear before the archbishop of canterbury as he was passing thorough westminster-hall to the parliament whereupon the prior and bogo after some pleadings in the said case submitting themselves uuto the king's grace , will and pleasure , were committed to the tower of london , there to remain during his will and pleasure , and being afterwards bailed the said bogo paid to the king a fine of marks , and gave security to the earl for . which by the interposition of the bishop of durham and others of the king's councell was afterwards remitted unto l. and the prior was left to the judgment and process of the court of exchecquer . in the th year of his reign praecepit singulis vice comitibus per angliam & justic. cestr. quod proclamari facerent quod omnes qui habent . libratas terrae in feodo & haereditate sumerent militaria arma . in that and the year following seized the lands of those that would not take that degree , and made speciall respites to some during their lives . caused his justices to certify into the exchecquer at the return out of their circuits by particular rolls under their own names the fines and amerciaments set imposed and forfeited upon actions of trespass , rescous , deceit , attaints non est factum or salse pleas , untrue avowries , appeals of murder , felony , manslaughter , meyheim , contempts and attachments upon process out of any of his courts , of justice , abuse of the law , fictitious actions , and vexatious suits , non-suits in actions reall and personall , or when but part was found for the plaintiff or defendant , which were in those days as much for the advance and well ordering of justice as they were for the kings profit . who took such a care not to have it neglected , as by his writ ( without an act of parliament he prefixt his justices certain times for the causing the said monies to be levied , when their own then little wages or salaries were to be paid out of it which made them to be so exact therein as there was no fault deserving a just punishment could escape the eyes and ears apprensions and watch of his regulated justices , insomuch as offenders were fined or amerced pro falso clamore or quia non invenerunt pleg . for deceipts , sheriffs for not returning of writs , jurors for not appearing or pro falsa appretiatione , or giving verdicts before they were sworn , fined such as threatned or abused them , and sometimes the common people that had occasion to attend his courts of justice pro garrulitate or irreverent behaviour , kept his courts of justice within their centers , and limits of jurisdiction , held them to their just and legal forms of pleadings in verbis curia , and was severe against any of the pleaders , counters or officers pro seductione curiae as the language of the records of those times did import for any deceits or collusion misleading or abusing the eyes and ears of his judges and the clients , as well as the faithless officers and ministers of his courts of justice , or in the circuits of the judges itinerant , and therein was something less severe then the law and usages were in the reign of his great grandfathe henry . when william fillius nigelli a judge itinerant being in misericordia of the king pro defalt qui postea venit & cognovit quod emendavit rotulos sine sociis suis , & ideo in miser . did not leave the grand jurors so much arbitrary power , as too many now please themselves to mind more where to have good meat and wine untill some seldom indictments more for malice then love of justice or a care of their oaths be brought unto them , but ordained their charges not to be given in fine orations or speeches , as soon gone out of their memory as come in , but to put in writing in distinct articles of enquiry , whereunto they were upon oath to answer negatively or affirmatively , whereby the offences against the laws conspiracies , treasons , dangers , and disturbances , of the nation were in the embrio's stisled , and as soon discovered as hatched . but the troubles and injuries forced upon the crown , his father , and himself by the wicked attempts of simon montfort , and his rebellious partners putting him in mind to make his business to give a stop to growing mischiefs and prevent as much as was possible any thing of the like nature for the future , did find it necessary for the good of himself and the kingdom , as the judicious sr henry spelman hath recorded it , to lessen those high powers , authorities and priviledges , which the chief justices of england had before that time exercised and claimed as appurtenances to that great office , as it were to be vicarias regis , pro rex , & locum tenens regis , custos regnii & regni guardianus in absentiae regis , tanto etiam prae aliis omnibus emicuit justiciariis ut eisdem suo brevi more regio , imperaret , & restraine ejus phtestatem cancellis circumscriptis arctioribus adeo ut se sejunctum a rerum fastigio & priscae amplitudinis forensi solummodo negotio & judiciis exercendis eum abdicavit , did by his writ constitute the said chief justice , and all that were to succeed him in that office and place under the form and declaration only concerning the affairs and business , wherein he was to officiate and be imployed in his court of king's-bench rs by his writ appeareth in these words ; quia volumus quod sitis capitalis justiciarius noster ad placita coram nobis tenenda , vobis mandamus quod officio illo intendatis , tmeipso apud westm , &c. and in all probability praeteritorum memor , by sad misfortunes warn'd learnt to beware how dang'rous innovations ever are . well considering that if that contrived writ of elections gained by a rebellious force and imprisonment from his father almost years before , could have created in or to the knights , citizens , or burgesses to be elected or brought into our king's greatest councels of the highest and most important concernments of the weal publick of the nation . any such rights or priviledge , as some of their successors or factious flatterers have since arrogated , yet so long a discontinuance of a priviledge not at all executed or vested in them after a forfeiture incurred by the cities of london , bristoll , gloucester , and the most of the counties , cities , or boroughs , which had taken arms against their king instead of their aid and assistance not very fully pardoned by any the compositions or agreement made by king henry the d , his father by the dictum de kenilworth after his victory gained of them at the battle of evesham . and that notwithstanding he might have taken in again his own just rights and debarred them f●om an after invading or disturbing of him therein , and that neither his fathe●s charters nor his own confirmation of all the peoples liberties and priviledges either in words expressed in his father 's magna charta or charta de forestae , or any way to be implyed within the verge or meaning thereof , could bind him to continue such a kind of election of a separate part , of the vulgar or common people , as simon montfort , and his rebellious complices had traiterously devised , and that such an attack of the regall government by the hoped for advantages of some , or intermedling ambition of others in matters wherein they had little or no understanding , or whereby they sought only to accomplish their own evil designs , making them ever afterwards more industrious then they should be to associate the creeping ivy with the royall oke , which by its clipping kindness and drawing to it self its sap and nourishment , might at length canker , enervate and destroy it . yet willing to show them that he would as little as he could , recede from what had been granted as privileges and liberties to his subjects , and probably to pacify their then too much accustomed fears and jealousies , and allure them into a course of obedience to those laws & provisions which should be made by the privity and approbation of a select number of the more wise and discreet part of his common people , and give them experience of an adage or worthy saying of his own in many or some of his rescripts , quod omnes tangit ab omnibus approbari debet in some speciall cases , but not either by the laws of god , nature , or nations , or our laws always adjudged to be requisite or necessary . and at the same time to lessen , as mr prynne , sr william dugdale , and other weighty authors have well observed , the strength and power of a part of his ungovernable baronage by counter-ballancing in some sort their over-great power in his great councells or parliaments , by requiring and making use therein of the service of the knight citizens and burgesses fairly to be elected according to the intention of his writs , and royall mandates , and acting according to the commissions or procurations which their counties , cities , or boroughs should lawfully give or trust them withall . but so little approved of popular elections and that which had been imposed upon his father , as he was unwilling to adventure upon any thing like it untill he had rectified many things , which he b●●ieved had been much of the causes of the distempers in the body politick , and was to be warily done by a care and retrogradation , as much as might be , before he would condescend to please the people ; which some of them , or those that would make use of them began to be too fond of , and therefore could hardly bring himself to please them in that kind especially when he could perceive the nobility disliking and averse unto it . howsoever with some confidence believing it to be beyond any fear or imagination that any danger to the english monarchy and government so anciently , rationally and well founded according to the laws of god , nature and nations , laws of the land , and reasonable customes thereof could happen thereunto by the election of a part of the people subordinate to the nobility and baronage as well spirituall as temporall adstricti legibus , and obliged by their tenures in capite homage and fealty in the strongest manner that the wisdom and care of mankind could devise , as bonds never to be shaken off and a tye upon their estates , bodies and souls by their oaths of allegiance , tenures , and forfeiture of their lands to be true and faithfull to their king and those which they held of , or that they or any of their posterities could be so ingratefull for benefits received from the crown and his progenitors from generation to generation as to be so unmindfull of their often repeated homages and oaths of allegeance as when they were summoned only to perform and obey what the king and his lords spirituall and temporall in his greatest councell should adjudge meet to be done for the publique good , and to stand as petitioners in the outward courts , should by insinuations from some priviledges and the power granted unto them and others for that purpose and only end of contributing necessary aids for their kings for the defence of themselves and their defenders , by gradations and the over indulgence of their kings and princes and the advantages of catcht opportunities creep into the arcana imperii and snatching the thunderbolts and authority of the sovereign out of his hands make themselves too busy with the supream power themselves that should be governed , to be the unruly and unreasonable governors of their king and gods vice-gerent . who might have thought himself and his successors to have been in some condition of safety when the summons to parliament were to be only by his writs and authority and the sheriffs who were not the parliaments officers but the kings , and by the law sworn unto him not unto both or either of the houses in parliament and strictly bound to observe and execute his writs and mandates , made himself content to allow some things of that way or course which had been before unduly and illegally contrived , and therefore did as it appeareth alter and change it into a more legall and just way with different methods enough as he thought to make them and after ages understand , that it was his only right to do it ; and that they were to be no more then consenters obedient , and ready to do and perform what the lords spiritual and temporal should in parliament advise , wherein he was to be the sole director , ratifier , and ordainer , and to be at his disposing in the summoning and calling them together , as to time , place , continuance , proroguing , adjourning , or dissolving any such or the like assemblies , and that he in all things to be done therein was as their sovereign to have his granting , directive , and negative voice , and in the sending out of his writs of summons for any great councells or parliaments to vary in the circumstances orders or limitations or additions , as his occasions for the weal publick should require , with such other variations as might signify his care to prevent future evils or impending dangers , and reserve to him and his successors the long ago just rights of the best tempered monarchy in the universe . and for the better method and order to be used in his house of lords and peers , whom he had summoned and made use of in his great councels and parliaments , untill that time , without the commons or any procurators on their behalf in the making of divers laws and statutes of very great concernment to them and the weale publick . and to make the councells and assistance of the wiser and better part of his people more effectuall , and in a better order then that which the rebellious part of his and his fathers ill-affected baronage had neither well provided for themselves or them , did whilst he was content to admit into the fitting and necessary secrets and intimacy of his great councells a select part of them to be duly chosen by his writts and commands as to time , occasion , and place , resolve to give after ages to understand that he did notwithstanding reserve to himself as his royal progenitors had anciently done , when they only summoned the prelates and peers to their great councells his and their most undoubted rights and power of summoning , proroguing , adjourning , or dissolving those assemblies , and the sole and only affirmative or negative voice in the making of laws , as being the only breath , life , and being thereof . did at his being in goscoigne in the twenty second year of his reign send his writs of summons to summon divers great lords as well french as english being in number sixty one , amongst whom were roger de moubray , william trussel , symon basset , theobald de verdon , &c. habere colloquium & tractatum with him ( in england ) ubicunque fuerit , in a much differing form then those of henry the his as aforesaid imprisoned father . and directed his writ to the sheriff of northumberland in these words , viz. rex &c. vice comiti northumbriae salutem tibi praecipimus quod de comitatu praedicto duos milites & de qualibet civitatem ejusdem comitatus duos cives & de quolibet burgo duo burgenses de discretioribus & ad laborandum potentioribus sine dilatione eligi & eos ad nos ubicunque in regno nostro fuerimus venire facias , it a quod dicti milites plenam & sufficientem potestatem pro se & communitate comitat praedicti & duos cives & burgenses pro se & communitate civitatum & burgorum praedict . divisum ab ipsis tunc ibidem habeant ad consulendum & consentiendum pro se & communitate illa his quae comites , barones , & proceres de regno nostro ordinabunt , &c. t. rege octavo die octobris , alltogether different from the writs made out and enforced from his father king henry the . during his imprisonment in anno of his reign . consimilia brevia diriguntur singulis aliis vicecomitibus angliae , and in the same year and the next day after , sent another writ to the same sheriff in these words . cum nuper tibi praeceperimus quod duos milites de discretioribus ad & laborandum tunc potentioribus ejusdem comitatus de consensu ejusdem eligi & eos ad nos usque westmonasterium in crastino sancti martini proximo futuro cum plena potestate pro se & tota communitate ejusdem comitatus venire faicas ad consulendum & consentiendum pro communitate illa his quae comites , barones , & proceres de regno nostro in dicto crastino ordinabunt ( the king being then in gascoigny and not intending to be there present ) tibi praecipimus firmiter injungentes quod praeter illos duos milites eligi facias alios duos milites legales , & ad labor andum potentes , & eos una cum dictis duobus militibus usque westmonasterium venire facias it a quod dicto crastino sint ibidem ad audiendum & faciendum quod eis tunc ibidem plenius injungemus & hoc nullo modo omittatis , & haheas ibi hoc breve teste meipso apud westm. nono die octobris , and caused more knights of the shires at that time to be elected , then he had done before or after , eodem modo mandatum est singulis vicecomitibus angliae . and to that end did afterwards without any deviation from what might justly appertain unto himself in the well ordering and government of his councells and subjects in the most legall manner , send his writ of summons to gilbert de thornton ( chief justice of his court of kings bench ) in these words . viz. quia super quibusdam arduis negotiis nos et regnum nostrum & vos caeterosque de concilio nostro tangentibus quae sine vestra praesentia nolumus expedire vobis mandamus in fide & dilectione quibus nobis tenemini fir miter injungentes quatenus sitis ad nos apud westm. primo die mensis augusti proximo futuro vel saltem infra tertium diem subsequentem ad ultimum tractatur ; & vestrum concilium impensur . & hoc nullo modo omittatis teste meipso apud album monasterium . die junii anno regni nostri . eodem modo mandatum est justiciariis de utroque banco & de itinere & justic. assignatis decanis juratis de concilio , baronum de scaccario & aliis clericis de concilio quorum nomina annotantur . and the inferior secular clergy not being at all called with other of the commons by that unauthorized writ of simon de montfort in the th year of the reign of his then imprisoned father king henry the d , did hold it to be as agreeable to reason and his good intentions for the one as the other , to make out his writ of summons in these words , viz. venerabili in christo patri eadem gratia cantuarensi archiepiscopo totius angliae primati salutem , licet nuper mandaverimus quod die dominico proxime post festum st. martini quod jam instat apud westm. personaliter interessetis & quod praemoneretis priorem & capitulum ecclesiae vestrae archidiaconum & totum clerum vestrae diocesis faceretisque quod iidem prior & archidiaconus in propriis suis personis & dictum capitulum per unum , idemque clerus per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis capitulo & clero habentes una cum vobiscum interessent modis omnibus tunc ibidem ad tractandum , ordinandum , & faciendum nobiscum & cum caeteris praelatis & proceribus & aliis incolis regni nostri qualiter periculis , quae eidem regno nostro , hiis diebus imminere videntur , poterit obviari quia tamen pro navigio nostro congregando & parando quod ad dicti regni defensionem , & hostium nostrorum impugnationem , annuente domino , speramus maxime profecturum : quodque per omnibus utile , credimus festinari in partibus de wynchelse , moram tam diu facere nos oportebit , quod dictis die & loco commode non poterimus interesse ; vohis mandamus in fide & dilectione , quibus nobis tenemini , firmiter injungentes , quod die dominica , proxima ante festum beati andreae apostoli proxime futurum ; ad quem diem dictum negotium ex causa predicta duximus prorogandum , apund westm. personaliter intersitis , praemunientes praedictos priorem , & capitulum , archidiaconum , & clerum facientesque quod tunc ibidem intersint , ad tractandum , ordinandum , & faciendum super praemissis , prout in priori mandato nostro , vobis inde directo , plenius continetur . prorogationem autem hujusmodi de dioces . vestra , quorum interest celeriter nuncietis . teste rege apud odymere die novembris . consimiles literae de verbo ad verbum diriguntur episcopo eli. episcopo norwic. episcopo winton . &c. but in that ballancing way of his great nobility by the vulgus or common people fastened so ill an example in process of time upon his crown and successors as some of them have sadly since experimented it , as in the event it hath too much resemblance with what that excellent queen elizabeth did by supporting that ingratefull republick of the united provinces , when she was forced to do it to preserve her self and the protestant religion as well at home as abroad against the spanish tyranny and encroachments . when he was not able at that time to foresee that the number of freeholders would be as they were afterwards almost in encreased , and that such great quantities of abby , priory , nunnery , and chantry lands and other profits and possessions given and dedicated to religious uses , which in the reign of king henry the th may be justly estimated to be a d part of the lands and revenues of the kingdom should ( much of it ) fall to the share of the common people , and make them more surly and haughty then they were , and ought to be , or that in the granting of those lands from the crown ( from which much of it originally came ) a great part of the tenures in capite , and by knights service should in those times be turned into free and common soccage ; or by the manumising or making free multitudes of copyholders ) which in former ages may be accompted to have been another third part ( if not more ) of the lands of the kingdom . or that the offices of sheriffs , which in his and the former reigns of our kings were commonly lodged and intrusted in the hands of the nobility and great men of the kingdom , would so much be altered as to be most commonly placed in the lower rancks of the people , whereby the ignorant vulgar , seditious , or factious , and most numerous part of them should be suffered to take upon them to make their own indiscreet or purchased elections , when the writs only comm●nded and intended that the sheriffs who were solely 〈◊〉 thereunto , should without any bribery , partiality , 〈◊〉 corruption , make and govern the election , and to be the judges of the fitness or unfitness of the persons to be elected to give their assent in parliament unto what should be there ordained by their king , by the councel and advice of the lords spiritual and temporal . or that any of his successors would for an excise upon ale , beer , coffee , and syder for want of a regall revenue , which in many ages past had been by princely indulgencies and necessities of encouraging and rewarding merit and service for the good of the publick greatly and too much wasted and exhausted , ever have been perswaded to have released so much as was done of the tenures in capite by a factious part of the people , ( who designed to undermine the monarchical estate of the government . or by some of the more loyall advisers who either by ignorance or otherwise did not well understand monarchy and the government ; or the sad and ever to be lamented consequences and effects that have already followed , and will hereafter fatally ensue the change of the tenure in capite and by knight service , to release and turn those nerves and sinews of the government , ligaments and ties of the crown , the chariots and horsmen of our israels glory , strength , and support of it , and the loadstone of the subjects obedience , into free and common soccage . wherein much more heed was to have been taken then formerly , for that the militia and the sovereignty and power of our kings , much whereof were lodged and incorporated therein , were founded and built upon the tenures in capite , and by knights service , the basis , foundation , life , blood , animall spirits , soul , essence , and support thereof , and had not long before been by an horrid and hypocritical rebellion wrested out of the hands of the late blessed martyr king charles the st . by abuse and misconstruction of the laws , false arguments , and the fear and flagging of some of his most eminent justices and lawyers who were too little acquainted with the feudall laws , and laws of nations , the records , annalls , and histories of the kingdom and the monarchicall government thereof . which too much encouraged and assisted the rebellion against him , together with the murder and destruction of him and many thousands of his loyall and more dutifull subjects that fought for him . notwithstanding all which the aforesaid cares & condescensions of that prudent prince king edward the . hoping for the best and not suspecting the worst , in the th year of his reign requiring bohun earl of hereford and constable of england and other the barons to go with him to the wars in gascoigny , and bygod earl marshall of england , likewise refusing , unless the king himself would go in person , the king swears ye shall go or hang , and the earl answered he would neither go nor hang , and so without leave departed , the king notwithstanding proceeded in his voyage to flanders , the two earls of hereford and norfolk , assemble many noblemen and other their friends to the number of bannerets , so as they were men at arms and stood upon their guard , and the king being ready to take ship , the archbishops , bishops , earls , barons , and commons sent him a roll of the grievances of his subjects , in taxes , subsidies , and other imposicions , with his seeking to force their services by unlawfull courses ; to which the king answered , that he could not alter any thing without the advice of his councell , who were not now about him , and therefore required them , that seeing they would not attend him in his journy , ( which they absolutely refused to do though he went in person , unless it were into france and scotland ) that they would yet do nothing in his absence prejudiciall to the crown , promising at his return to set all things in good order ; but being afterwards enforced to send for more supplies of mony , ordained a parliament to be held at york , and to the end he might not be disappointed of aid , condesended to all such articles , as were demanded concerning the great charter , promising from thenceforth never to charge his subjects otherwise then by their consent in parliament . seized the moneys in the popes bankers hands to relieve his and the publick necessities , gave protections from arrest and troubles in their estates to them that should have paid it otherwise , and notwithstanding the popes anger and threats not in those days easily to be adventured upon , did not pay and refund it within or years after ; seized also and took at his own price the wools which the merchants then had in the ports ready to be transported , and all the lands and great estates of bohun earl of hereford and clare earl of gloucester , and upon the marriage of his daughter the lady elizabeth to the first with a gift in tayl to them . the reversion in the crown , and the like to gilbert de clare earl of gloucester , and hertford by marriage of his daughter the lady joan restored them in tail as aforesaid unto them , and made not only the said humfrey de bohun , roger bygod earl marshall ( whom upon second failings he afterward confiscated ) and all others who had joined with him in refusing to serve him in his warrs according to the tenure of their lands to be glad and well content with his generall pardon . in the same year granted to hugh kent de galvy in ireland and the heirs males of his body the liberty of enjoying the benefit of the english laws in terra sua hyberniae as the writ ensuing wlll evidence . viz. rex omnibus ballivis & fidelibus suis in hybernia ad quos &c. salutem volentes hugoni kent de galvy hyberniae gratia facere specialem concedimus ei pro nobis & haeredibus nostris quod ipse & liberi sui de corpore ipsius hugonis legitime procreati & procreandi hanc habeant libertatem quod ipsi & posteri eorum de extero in terra nostra hyberniae tam in morte quam in vita legibus consuetudinibus utantur auglicanis firmiter inhibentes ne quis eos contra hanc concessionem nostram injuste vexet in aliquo vel perturbet in cujus &c. teste rege apud gillingham die martii per ipsum regem . and by his letters patents constituted johannem de breton custos or warden of the city of london as followeth , viz. rex omnibus ballivis & fidelibus suis ad quod &c. sciatis quod dilectum & fidelem nostrum johannem le breton constituimus custodem civitatis london ad amerciandos aldermannos & alios quoscunque de civitate praedicta qui ad rationabilem praemonitionem , seu summonitionem custodis ejusdem pro negotiis nos & civitatem illam tangentibus venire contempserent , & etiam ad vicecomites civitatis praedict . & ipsorum clericos ac ministros mercedem sui officii capientes cum super hoc modo debito convicti fuerint juxta quantitatem delictorum suorum castigandos & puniendos quantum necesse fuerit & quatenus sua discretio de jure viderit faciendum specialem tenore praesentium committimus potestatem quam diu nos placuerit durando in cujus , &c. having before in the or th year of his reign fined gregory de rokesly mayor of london , for that he renounced the mayoralty and delivered the common seal of the mayoralty ( or city ) to stephen de ashren & aliis de communitate london sine licencia ipsius regis , for which he was glad to receive his pardon . in the th year of his reign directed his writ custodi northwallia mentientes & falsos rumores contra regem castigand . the like to punish conventus & conventicula . another to respite the king's debts & aliorum dum in obsequio regis . with a proclamation for the confirmation of magna charta , & charta de foresta , and to command that two discreet knights be chosen in every county to attend prince edward the king's son his lieutenant in england during the kings absence in partibus transmarinis to procure the king's letters-parents for confirmation of the peoples liberties . in the th year of his reign a parliament being called at westminster , wherein the two charters were confirmed , with the allowance of what deafforestation had been formerly made but with ommission of the clause salvo jure coronae nostrae , which the king laboured to have inserted , being a small return and civility to a sovereign , whose royall progenitors had freely granted those liberties and priviledges , and himself willing to confirm them , but by no means it would be agreed unto . was so incensed at the revolt of the scots , and so fixt in his resolution of subduing them , as going to fight a battle with them , whose army much exceeded his own , when he was with one foot in the stirrop getting on horseback , the horse upon some great noise or shout in the scottish army , who were marching on to engage him , started and throwing him to the ground with his hinder foot strake him so on one side as he brake two of his ribbs , which could not so hinder either his courage or resolution but he again remounted the same horse , and charged with good success as he wan the field , and slew as some of their historians mention about thousand of them . in the th , year of his reign the constable of dover having upon an order or sentence of the court of sheppey , which was the magna curia of the cincque-ports arrested the abbot of feversham , pro quibusdam transgressionibus per ipsum perpetratis in laesionem coronae & regiae dignitatis , was cited and excommunicated by the archbishop of canterbury , the king thereupon ( as the record mentioneth ) nolentes nobis super statu regio nostro aliqualiter derogari aut ministros nostros pro hiis quae judicialiter fuerint indebite fatigari commanded the archbishop in fide qua sibi tenetur firmiter injungentes quod hujusmodi citationibus of the constable or his ministers ea de causa faciendis supersedeat sententias praedictas in ipsos per ipsum ut praemittitur fulminatas faciat sine dilatione aliqua revocari ita quod non operteat nos ad hoc aliter apponere manum nostram . in the claim which he made and deduced to the pope of his right to the superiority of the kingdom of scotland attested by an hundred hands and seals of the earls and baronage of england in a parliament holden at lincoln , when he gave an answer to a letter of the pope mediating in the behalf of the king of scotland , and claiming that kingdom to belong to the church of rome , wherein he had desired him to send his procurators and evidence to be heard and determined at rome , the historian and our records have informed us in these words that quoniam vero ad hoc quod papa petivit quod si rex angliae jus haberet in regno scotiae , vel aliqua ejus parte procurators & instructos mitteret , & fieret eis justitiae complementum , rex per se noluit respondere , sed hoc commisit comitibus aliisque terrae baronibus , who gave him a choaking and flatly denying answer on the behalf of their king. and pursuing his victories against that nation took out of edenburgh the crown , scepter , and cloth of estate , with the marble chair , wherein the king 's of scotland used to sit , whilst they were crowned , wherein according to an old scotch prophecy the fate of that kingdom so resided , as wheresoever it should be , the rule and government of that nation should follow , and offered up the same at st edwards shrine at westminster intending to unite the kingdom of scotland to england , imprisoned the king of scotland in the tower of london , where he long detained him , subdued malcolmus king of man and the kings of the other isles , and was so unalterable in those his purposes as he ordered that his bones should after his death be carried along with such english armies as should afterwards be employed against that nation . did in the st year of his reign treat with the foreign merchants , and by his charta mercatoria without the trouble , advice , or assent of his great councel or parliament , relinquish unto them his former kind of customs called prises upon their granting unto him d of the pound now called the petit customs out of all foreign merchandises imported ( except wines ) for every sack of wool to be exported d , for every woolfells the like , and for every last of leather a demy mark over and above the duties payable by denizens for the same commodities ; which grant being by the merchants of several nations not incorporate into a body-politick of no force by the rules of the common law , the kings charter only made it good and maintained it untill it was confirmed by act of parliament in anno. . e. . which was years after , which charter being made in england by that great and valiant prince was afterwards by him exemplyfied and transmitted into ireland with a speciall writ to the officers of the customes there to leavy the d penny in the pound and other duties mentioned in that charter , as appeareth in the records of the exchequer of ireland , by virtue of which writ without any act of parliament there the d penny in the pound with the other duties were ever after leavied in that kingdom , and paid to the crown . in the d year of his reign he was so little afraid of his potent nobility , under whose greatness and power many of common people sheltered their oppressions of one another by wrongfull disseisins , and making themselves tenants to their greater landlords for those lands , which they had no right unto , as he made severe laws for the regulation thereof . and in declaratione juris regis in regno scotiae protestavit se jus coronae suae usque ad effusionem sanguinis defensarum ab quem rex illo anno omnia monasteria angliae , scotiae , & walliae perscrutari faceret , ad dignoscendum quale jus posset sibi competere in hac parte & repertum est in chronias mariani , scoti , willielmi de malmesburia , rogero hoveden , henrici de huntingdon , radulphi de luzeto , ( or diceto ) quod anno domini non gentesimo decimo rex edwardus subegit sibi regis scotorum & cambrorum , item ibidem que anno domini non gentesimo vicesimo primo praedictae gantes eligerunt sibi edwardum praedictum in domium & patroum , item ibidem anno domini nongentesimo vicisimo sexto rex angliae adolstanus denirit regem scotiae , cententium , & iterim sub se permisit regno , item edradus frater adolstani rex angliae dericit sates & norhambro , qui se submiserunt , ei & fidelitatem juraverunt , item ibidem edgarus rex angliae superavit renadum , filium alpini , regem scotorum , et ex tunc factus est rex quatuor regnium , scilicet angliae , scotiae , daciae , & norwegiae , item sovetus edwardas regum scotiae dedit malcolmo filio regis cumbrorum de se tenendum , item willielmus bastard anno regni sui sexto vicit malcolmum . regem scotiae , & accepit ab eo sacramentum fidelitatis . caused special commissioners from scotland to attend him , and the lords of england in parliament about setling the peace and military affairs in scotland , where it was assented to , by the king that a parliament should be called in scotland by the kings writ out of his chancery there , in which parliament the commonalty of that kingdom should elect ten persons for themselves to come to the king and his parliament at london pro tota communitate terrae scotiae , the scots commissioners petitioning the king that those ten persons might have their costs and expences to be leavied by two or three lawful men specially to be elected by the commons , by the view and advice of the guardian and chamberlain of scotland which the king granted with an order that duo legales homines citra mare scotiae & duo legales homines ultra mare scotiae eligentur ad hujusmodi expensas assidendas & levandas per visum & concilium custodis regni scotiae & camerarii ; wherein as mr pryn well observeth they were not to be as sitting voting members , but as proxies and commissioners to treat with the king and english parliament concerning scottish affairs only . and so great regard was had to the words and testimony of this great prince , as it was in his time not denyed to be law , that ordinatio ( meaning an award or something acknowledged in the king's presence , & per ipsum regem affirmat ) majorem vim hahere debet quam finis in curia sua coram justiciariis suis levatus . agreeable to which was the opinion of the judges also in his time in these words , videtur concilio regis quod dominus rex a quo omnes ministri sibi subiecti habeant recordum est superlativum & magis arduum recordum & super omnes ministros suos & processus & recordum praecellens , & not at all disagreeing with the great reverence and regard which the good subjects of this kingdom have never failed to give unto the hands and great seals of their king's and princes which by many inspeximus's have made a record that was so obliterate and unintelligible as it was no record before , and given a new life and resurrection to many a custome , right , and liberty , which otherwise would have been lost and buried in the rubbidge of time . commanded the sheriffs of lincoln to leavy the expences of the knights of that shire in eundo , morando , & redeundo de mandato suo venientibus prout aliis in casu consimili consuevit . punished by his justices of his bench william de brewse a great and powerfull baron for giving reproachfull words to roger de hengham a baron of the exchecquer , after he had there given a judgement against him , and followed him as he was going from the court , and reviled him with gross and bitter words ; who in those times were frequently in their records said and understood to be de concilio regis , and ordered that the said william de brewse should go without his sword ( a very great dishonour to a baron ) bareheaded a banco ipsius domini regis ubi placitr tenentur in aula westmonaster . per medium aulae praedictae cum curia plena fuerit usque ad scaccarium & ibidem veniam petat a praefato rogero ut gratiam sibi faciat de dedecore & transgressione sibi fact . & postea pro contemptu facto domino regi & curiae suae commirtatur turri ( london ) ibidem moraturus ad voluntatem domini regis . was so carefull of his superiority and jurisdictions as he would not suffer either it or his justice to be sullied in the administration or execution thereof , as in the case betwixt the pryor and bishop of durham in the th year of his reign he caused an information to be brought in his court of king's bench against the bishop for that he had imprisoned his officers or messengers for bringing writs into his liberty and that the bishop had said that nullam deliberationem de eisdem faceret sed dixit quod caeteros per ipsos castigaret ne de caetero litteras domini regis infra episcopatum suum portarent in laesionem episcopatus ejusdem ; in the entring up of which information , plea and judgement thereupon , the record saith quia idem episcopus cum libertatem praedictam a corona exeuntem & dependentem per factum regis in hoc minister domini regis est adea quae ad regale pertinet infra eandem libertatem loco ipsius regis modo debito conservanda & exequenda ita quod omnibus & singulis ibidem justitiam exhibere & ipsi regi ut domino suo & mandatis parere debeat prout tenetur licet proficua & expletia inde provenientia ad usum proprium per factum praedictum percipiatur . wherein the judges and sages of the law ( as in those ancient times they did frequently in matters of great concernments ) have given us the reason of their judgement in these words , cumpotestas regia per totum regnum tam infra libertates praedictas quam extra se extendant videtur curiae & toti concilio domini regis quod hujusmodi imprisonamenta facta de his qui capti fuerunt occasione quod brevia domini regis infra libertatem praedictam tulerint simul cum advocatione & acceptatione facti & etiam dictis quae idem episcopus dixit de castigatione illorum qui brevia regis ex tunc infra libertatem suam portarent manifeste perpetrata fuerunt . et propterea ad inobedientiam & exhaereditationem coronae , & ad dimunitionem dominii & potestatis regalis ideo consideratum est quod idem episcopus libertatem praedictam cujus occasione temerariam sibi assumpsit audaciam praedictae gravamina , injurias , & excessus praedictos perpetrandi & dicendi toto tempore suo amittat , cum in eo quo quis deliquit sit de jure puniendus & eadem libertas capiatur in manus domini regis , & nihilominus corpus praedicti episcopi capiatur . and that often distressed prudent prince was so unwilling to forsake the old paths of truth and the good ways and rules of the english , in their great councels for extraordinary affairs , wherin a long and very ancient gray headed series of his royall ancestors had untill the aforesaid imprisonment of his father , constantly and successively walked , did resolve as long as he could to continue therein ; insomuch as . e. . indictum est parliamentum londoniis ubi leolinus princeps walliae being summoned to come to do his homage , pretended that he durst not come without hostages , which the king taking ill , refused to give , sed tamen dissimulato negotio inceptum parliamentum consummavit , post parliamentum vero rex raised an army to subdue him , & hoc anno solvit populus regi quinto decimam bonorum quae patri suo dicebatur praeconcessa . anno. . e. . in subsidium guerrae wallensis concessa est regia populo vicesima pars bonorum . anno tenuit parliamentum gloverniae in quo edita sunt statuta quae gloverinae appellantur , and it appeareth by the act of . e. . that the prelates , earls , and barons were present at the making thereof . . e. . habitum est parliamentum salopiae in quo per deputatos ad hoc justiciariis , david the brother of the prince of wales , sine condemnatus tractus & suspensus , eodem anno tenuit rex parliamentum apud acton burnell ubi editum est statutum quod a loco cognominatum est . . e. . upon the death of margaret daughter of the king of norway by the daughter of alexander king of scotland ad quam jure haereditario defuncto avo patruo & matre regnum scotiae devolvi debebat & quis fuit justus haeres scotiae apud omnes in dubium vertebatur , and there being many competitors , amongst which there were of the english baronage johannes de hastings , dominus abergavenny , johannes de vescy , vice patris sui , nicholaus de sules , & willielmus de ros , and the pope claiming the superiority and the determination of the title . eodem anno post pascha rex angliae scotiam apprcpinquans parliamentum tenuit apud northumbr . ubi consultis praelatis ac utriusque juris peritis ( wiser and fitter men then common people use to be ) revolutisque priorum temporum annalibus and the memorialls of the abbies and monasteries vocari fecit praelatos & majores regni scotiae & corameis in ecclesia parochiali de northumbr . jus suum in superius dominium regni scotiae fideliter declaravit petivitque ut haec recognoscerent protestando se jus coronae suae usque ad effusionem sanguinis suae defensurum . and the kings right and superiority being fully evidenced , all the pretenders to that crown did under their hands and seals not only acknowledge his superiority , but that they would hold that firm and stable , which he should declare therein , and yeild the kingdom to such as he should adjudge , which no where appears to have been done by the consent of the common people of england , and scotland , and was of the greatest concernment to those of scotland . and in another charter of the same date declaring cum autem non possit praefatus rex angliae isto modo cognitionem facere , nec complere sine judicio nec indicium debeat esse sine executione nec executionem possit debito modo facere sine possessione & seisina ejusdem terrae & castrorum , did deliver seisin to the king , as the supream lord , untill the right should be determined . ita tamen that before the seisin taken he should give good security to deliver it back to such as should be adjudged to have right to the kingdom of scotland , cum tota regalitate , dignitate , dominio , libertatibus , consuetudinibus , justiciis , legibus , usibus quibuscunque cum pertinentiis in eodem statu &c. so as an account and restitution be made within months after , to those that should be adjudged to have right unto that kingdom , of the issues and profits thereof salvo regi angliae homagio illius qui rex erit . quo facto , although ericus king of norway did at the same time by his attorneys or procurators appear coram concilio regis angliae with his commission omnibus inspecturis to claim l , sterling a penalty for not admitting the said margaret his daughter to be heire to the kingdom of scotland , and marks per annum dowry which he gave with her &c. who being heard and severall days given , and refusing ulterius prosequi , post diligentem hujus negotii disquisitionem inter caeteros ( competitores ) de assensu communi rex angliae ( without any license or confirmation of his parliament ) post varias disceptationes vendicantium regnum illud adjudged it to john de baylioll , as descended from the eldest daughter of david king of scotland , excluso roberto de brus , who claimed from a younger , received his homage and fealty and caused him to be crowned , sitting super lapidem regalem , said by these people to have been the stone , upon which jacob slept , when he journeyed from barsheba to aran. about the same time ships or barks of normandy , sailing homewards with wines from gascony , & domineering as if sibi solis maris cessisset libertas , they were by english ships taken , and of their men slain , and the king of france by his embassadours demanding satisfaction , or to have the matter determined in his court in gascony , being of a very great concernment to the english nation ; the king deliberato habito concilio sending the bishop of london , adjunctis sibi aliis viris prudentibus to the king of france , & suo concilio , offered that if any found themselves aggrieved , they should upon a safe conduct come for justice ad curiam suam quae nulli subjecta fuit ; whereupon a great contention arising betwixt the two kings , and the king of france seising divers castles of the king of england in gascony , and citing him personally to appear at his court at paris to answer for that transgression , which being upon a safe conduct performed , and a peace thereupon concluded , and that shortly after cavilled at by the king of france . the king in the year of his reign convocato londoniis parliamento cui johannes rex scotorum interfuit being in the same year and parliament to which he had by his writs caused some of the commons of england to come to assent unto what should be there ordained de concilio praelatorum & procerum consentium ( without any mention of the community ) agree that terram sub-dole ablatam recuperandam fore gladio . and thereupon the king ( not the parliament ) sent his embassadours again unto the king of france , and declared that since he had violated the leagues and agreements made betwixt them and their royall progenitors , non videbatur sibi ( his great councel and parliament not being at all named ) quod ipsum regem angliae ducemque aquitaniae hominem suum reputabat , n●c ipse homagio suo astringi ulterius intendebat . and mandavit justic. suis hic breve suum patens in haec verba , edwardus dei gratia rex angliae , dominus hiberniae , & dux aquit : dilect . & fidelibus suis , rogero de hengham , petro malorre , & roberto de recford salutem , sciatis quod assignavimus vos vel duos vestrum quos presentes esse contigerit justic. nostros ad inquirend . per sacramentum tam militum quam aliorum proborum & legal . hominum de civit , nostra london & comitatibus kanc. surr. sussex & midd. per quos rei veritas melius sciri poterit de malefactoribus & pacis nostrae perturbatoribus , homicidia , depredationes , incendia & alia dampna quam plurima nocte dieque perpetrantibus & eorum scienter receptatoribus & eis consentientibus vim & auxiliam praebentibus seu dictas transgressiones fieri procurantibus & praecipientibus & etiam ad inquirendum de illis qui pro muneribus suis pactum fecerunt & faciunt cum malefactoribus & pacis nostrae perturbatoribus & eos conduxerunt & conducunt ad verberand . vulnerand . maletractand . & interfi●iend . plures de regno nostro in feriis mercatis & aliis locis in dict . civitate & comitaribus pro immicitia , invidia , malitia , ac etiam pro eo quod in assisis juratis recogn ; & inquisitionibus factis de feloniis positi fuerunt & veritatem dixerunt unde per conductionem hujusmodi malefactorum juratores assisar . jurator . recogn . & inquis ; illarum prae timore dictorum malefactor . & eorum minarum sepius veritatem dicere seu dictos malefactores indictare minime ausi fuerunt & sunt , & etiam ad . inquirend . de illis qui hujusn odi munera dederunt dant & quantum & quibus & qui hujusmodi m●nera receperunt & recipiunt , & a quibus , & qualiter , & quo modo , & qui hujusmodi malefactores in malicia sua fovent , mitriunt , & manutenent , in civitate & comitatibus praedict . & etiam de illis qui ratione potestate & dominii sui aliquos in eorum protectionem & advocationem pro suo dando susceperunt & adhuc suscipiunt , & de illis qui pecuniam vel aliud quodeunque ab aliquo per graves minas ei factas maliciose extorserunt & de conspiratoribus & hiis qui malas confederationem faciunt seu fecerunt & de malefactoribus in parcis & vivariis & ad felonias & transgressiones praedictas audiendas & terminandas secundum legem & consuetudinem regni nostri & juxta ordinationem per nos & consilium nostrum in parliamento nostro factam & etiam ad omnes assisas juratas & certificationes coram quibuscunque justic. nostris in praedict . com. kan● . surr. sussex & midd. arrainiatis & arrainiandas quamdiu vos vel duo vestrum in comitatibus illis pro negotiis praedictis morari contigerit capiendas & etiam ad gaol●● nostras in civitate & com. praedict . tam de prisonib●● captis pro suspicione feloniae vel mali , licet prius inde non fuerint indictati , quam de aliis prisonibus quotiens vos ad patres illas adesse contigerit deliberandas secundum legem & cons. regni nostri , et ad inquirend . si statutum nostrum edictum de aquis in quibus salmones capiuntur positis indefenso , & statutum nostrum winton . & etiam mandatum nostrum de suspectis arestand . & capiend . in singulis suis articulis teneantur , nec ne & si non teneantur , ●unc qualiter infringuntur & per quos , et si ballivos alliquos infra libertatem vel extra , seu ministros nostros inde culpabiles inveneritis , eos postquam inde convicti fuerint dimittatis per bonam & sufficientem manucaptionem essendi coram nobis ad certum diem eis per vos praefigendum , & recordum & premissum inde coram vobis habita tunc nobis sub sigillo unius vestrum m 〈…〉 atis & omnes alios de quibus vobis constare poterit quod contra statuta nostra venerint , taliter per paenas in statutis illis ordinatas vel alio modo in casu quo penae in eisdem statutis non est ordinat , castigetis ; quod paena unius sit castigatio aliorum , et ideo vobis mandamus , quod ad certos dies & loca quos vos vel duo vestrum ad hoc provideritis omnia praemissa expleatis in forma predicta , facturi inde quod ad justic. pertinet secundumlegem & coas . regni , salvis nobis amerciamentis & aliis ad nos inde spectantibus , mandamus enim vicecomitibus nostris london & vic . nostris com. predictorum quod ad vos dies & loca quos vos vel duo vestrum ei scire facietis , predicti vic . nostri civitatis predictae omnes prisonae gaolarum ejusdem civitatis , & eorum attach . et tot et tales tam milites quam alios probos & legales homines de ipsa civit. et predicti vic . predictorum com. assisas , jurates , certificationes illas cum brevibus originalibus , & omnes prisones gaolarum dictorum com. & eorum attach . & tot & tales tam milites quam alios probos & legales homines de com. predictis , per quos rei veritas in premissis melius sciri poterit & inquiri , coram vobis ven . fac . in cujus rei testimonium has literas nostras fieri fecimus pat . t. mei ipso apud laureto xxi die februarii anno regni nostri xxxv . which walsingham an authentique writer of those times calleth a troil baston or the modern french ottroy le baston or a commission to enquire of notorious offences and offenders and punish them . and in the making of his laws and act of parliament did not omit the right use of his power and authority when in the year of his reign in an act of parliament that the peace of the church and the state should be maintained , he did will and command that religious houses be not overcharged . in an act of parliament made in the same year that a clerk convict of felony delivered to the ordinary should not depart without purgation , it is said to be provided , and in the perclose , so that the king shall not need to provide any other remedy . and in some other acts made in the year it is agreed ; and in another act of parliament that elections ought to be free , the king commandeth upon great forfeitures , that no man , nor other by force of arms , by malice , or menacing , do disturb any to make free elections . that amerciaments shall be reasonable , and according to the offence ( wherein cities , boroughs , and mesne lords were concerned as well as himself . ) concerning the punishment of ravishers of women , the king prohibiteth . concerning appeals to be against the principall and accessory , it is provided and commanded by the king. the like in ca. . what persons be mainprisable and who not , and the penalty for unlawfull bailment ( those that were taken by the commandment of the king , or of his justices , or of the forest being not bayleable . ) concerning the penalties of a sergeant or pleader committing deceipt , the king commandeth that such things be no more done from henceforth . and if any officer of fee doth it , his office shall be taken into the kings hands . it is provided and agreed that the king of his office shall from henceforth grant attaints upon enquest in plea of land or freehold . in the several limitations of prescription in severall writs which might be to many very prejudicial , it was in like manner provided that in a writ of right none should presume to declare of the seisin of his ancestor further or beyond the time of king richard the st , writs of partition and novell desseisin of the first voyage of king henry father of the king into gascoigne , writs of mort d' auncestor , of cosinage , ayel , et nuper obiit of the coronation of the s●id king henry , and not before . that one plea shall be decided by the justices of the king's bench , before another be commenced , it is provided also and commanded by the king. in an act touching the tenants plea in a writ of dower , and at what time assizes shall be taken , it was declared , that forasmuch as the king hath ordained those things unto the honor of god and holy church , and for the common-wealth and remedy of such as be grieved , he would not that at any other time it should turn into prejudice of himself or of his crown , but that such right as appertains unto him should be saved in all points , and forasmuch as it is great charity to do right unto all men at all times when need should be , it was provided by the assent of the praelates that assizes of novell disseisin , mortd auncestor , and darrein presentment should be taken in advent septuagesima and lent , even as well as enquests may be taken , and that at the speciall request of the king made unto the bishops . in the th year of his reign caused an eatenta maneriorum or survey ( as to his particular royal revenue much like unto that of william the conquerors ) of his castles , houses , buildings , demesne-lands , copyhold , commons , parks , forests , woods , asserts , tenants , cottages , pleas , and perquisites of the counties , churches , and the values thereof , and of heriots , fairs , markets , escheats , customs , rents , services , fishings , freeholders , woods , rents of assize , tenures in soccage , or by knights-service , forreign works , and customes , perquisites of courts , fines , and all other casualties . declared by a statute de officio coronatoris , the duties of a coroner , and enquiries to be made by them . in the matter of bigamy published and declared certain constitutions before him and his councel , and commanded them to be stedfastly observed in the presence of certain reverend fathers , bishops of england , and others of the kings councel , to which the justices as all the kings councel did agree . cap. . in what cases aid shall be granted of the king , in what not , it is said , that it is agreed by the justices and other learned men of the kings councel of the realm , which heretofore have had the rule and practise of judgments , that where a feoffment was made by the king with a deed thereupon , if another person by a like feoffment and deed be bound to warranty , the justices could not heretofore have proceeded any further , neither yet do proceed without the kings command . and it seemeth also they could not proceed in other cases , wherefore they shall not surcease by occasion of any grant , confirmation , or surrender , but after advertisement made thereof to the king , they shall proceed without delay . ca. . concerning purprestures upon the kings lands to be reseised . if any do complain of such reseisins , he shall be heard as right requireth . . e. . in an act concerning a man killing another in his own defence , or by misfortune , it is said , the king commanded . in ca. . that the husband and wife being impleaded shall not fourch by essoin , that act of parliament is said to be the statute of the king. in the same year an exposition and alteration of the statute of gloucester in divers articles and points was made by the king and his justices , by the kings letters-patents dated at gloucester . in the foregoing statutes or articles whereof videlicet ca. . it is said to have been provided in ca. . established the like in ca. . in . and . provided , and the like in the . and the offenders shall be greivously amerced to the king. in the statute of gloucester , ca. . where it is ordained , that a citizen of london shall recover in an assize damages with the land , it is said the king of his speciall grace granteth , and the barons of the exchequer and treasu●er shall be commanded . and in severall statutes and articles there made , did afterwards by the advice of his justices make in some of them divers expositions , alterations and additions in several materiall parts or points . . e. . by his writ directed to the justices of his bench , signified that it was accorded , that at the next parliament by the councell and assent of the prelats , earls , and barons , provision should be made that none should come to parliaments , treaties or assemblies with force and arms , and in the next parliament after the said treaty , the prelates , earles , barons , and the commonalty of the realm ( comprised in the votes and suffrages of the prelats earls and barons ) there assembled to take order of that business , have said , that to the king it belongeth , and on his part it is through his royall seigneury strictly to defend by force of armour and all other force , against his peace , at all times , when it shall please him , and to punish those which shall do contrary according to the laws and usages of the realm , and hereunto they are bound to aid him , as their sovcreign lord , at all seasons , as need should be , and commanded the same to be read before him in his bench , and there enrolled . in the statute of mortmaine made in the same year , that no lands should be aliened in mortmaine upon pain of the forfeiture thereof , it is mentioned , that the king for the profit of his realm , minding to provide a convenient remedy by the advice of his prelates , earls , barons , and others of his subjects being of his councel , hath provided and ordained , &c. . e. . in the statute of the exchecquer , touching the recovery of the kings debts , the king by his writ directed to the treasurer , barons , and chamberlains of the exchecquer for the indempnity of him and his people , willed and provided . anno. ● . e. . in the statute of acton burnell made for recovery of debts , the king for himself and by his councel hath ordained and established . in the statute of entails that the will of the donor should in all things be performed , ca. . ( which was of a grand concern to all the nobility , gentry , and freeholders of england in their dignities , families , lands and estates , and the transmitting them to posterity ) it is said , wherefore our lord the king perceiving how necessary and expedient it should be to provide remedy , hath ordained . in ca. . where a cui in vita shall be granted , and a wife , or he in reversion received , the king hath ordained . ca. . where a tenant voucheth , and the vouchee denyeth the warranty , the king hath ordained . ca. . entituled in what case the writ of mesne is to be pursued , it is said in the perclose , that for certain causes , remedies are not in certain things provided , god willing , there shall be at another time . ca. . providing at what time writs shall be delivered for suits depending before justices in eyre , the parties may make generall attorneys , it is said , the king hath ordained . ca. . concerning process to be made in wast , our lord the king from henceforth to remove this error hath ordained . ca. . for the granting of writs of nuysance quod permittatis in consimili casu , where the king ordaineth ( for which by no ground or colour of reason it is otherwise to be understood ) that whensoever from thenceforth it should fortune that in chancery ( which is no body's court but the kings ) a like writ is found , and in another case falling under the like law a like remedy is not found , the clerks of the chancery shall agree in making the writ , or the plaintiffs may adjourn it untill the next parliament , and let the cases be written in which they cannot agree , and let them referr themselves untill the next parliament by consent of men learned in the law ( which could not in those times be understood as of the members of the house of commons , none of them being then chosen or summoned to give their consent in parliament . ca. . in the act of parliament entituled of what things an assize shall be certified . it is said , that forasmuch as there is no writ in the chancery whereby plaintiffs can have so speedy remedy by a writ of novell disseisin , our lord the king willing that justice may be speedily , ministred and that delays in pleas may be taken away or abridged , granteth , &c. and our lord the king to whom false exceptions be odious hath ordained , &c. the like words of the king 's granting and ordaining are to be understood in the chapters immediately following , viz , ca. . . . . and . in that of . e. . ca. . the two knights of the shire are changed by length of time or some other causes , into those which are now called associates , and are indeed but the enrolling clarks , which by that statute are allowed the justices in their circuits , as they have used to have in times past . were not knights of the shire elected for an house of commons in . e. . ca. . the king willeth that the chancellor and justices of his bench shall follow his court , so that he may at all times have some near unto him which be learned in the laws , and be able to order all such matters as shall come unto the court at all times when need shall require . and the like that the king ordained and willed is to be understood in the chapters or articles . . in that of . where it is mentioned , and so the statute is defrauded , it is said our lord the king hath ordained and granted . ca. . concerning the manner of writs to be delivered to the sheriffs to be executed it is said , that our lord the king hath provided and ordained , &c. and the king hath commanded that sheriffs shall be punished by the justices for false retornes once or twice if need be . ca. . entituled contra formam collationis , which was of great concernment in their lands and estates , and also as they then thought in matters of provision for the souls of their parents , ancestors , and near relations it is said our lord the king hath ordained . in ca. . appointing the several fees of marshall , chamberlains in fee , porters of justices in eyre , &c. which was of great importance to many , it is mentioned that our lord the king hath caused to be enquired by an enquest what the said officers of fee used to have in times past , and hath ordained and commanded that a marshall in fee , &c. which was then roger bigod earl of norfolk , a man of great power and authority ; it is in like manner ordained . ca. . that hospitalers and templers ( which were a part of the people then of great estates , power , and authority in the kingdom ) shall draw no man in suite , &c. it is said to have been prohibited , and the king also prohibiteth . ca. . setling the fees of porters bearing virges before the justices , &c. it is said , be it provided and ordained , and the king chargeth his justices . in the statute of winchester made in anno. . e. . that fresh suit shall be made after felons from town to town , our lord the king to abate the power of felons , hath established a pain in that case . ca. . where the county shall answer for the robbery where the felon shall not be taken , which though it was an excellent law and ever since put in execution , might upon the first impression seem to bear hard upon the people , that they not committing the crimes should be responsable in their purses and estates for it , the preamble saith likewise , our lord the king hath established . ca. . respiting that act until easter then next nsuing , it is mentioned that forasmuch as the king will not that his people should be suddenly impoverished by reason of the penalty , which seemeth very hard to many , the king granteth that they shall not incurr immediately , but it should be respited untill easter next following , within which time he may see how the country will order themselves & whether such felonys do cease . after which time let them all be assured , that the aforesaid penalties shall run generally , that is to say , the people in the country shall be answerable for felonies & robberies done amongst them . in an act of parliament at what time the gates of great towns shall be shut , and night-watches begin and end , it is said the king commanded . for the breadth of high-ways leading from one market-town to another , it is said , and further it is commanded . in the act of parliament that every man should have armour in his house according to his ability , it is said , and further it is commanded , and the justices assigned shall present in every parliament unto the king , such defaults as they shall find , and the king shall provide remedy therein . in the statutes of merchants made in the same year wherein the form of a statute merchant is appointed , it is recited that the king and his councel at his parliament holden at acton burnell in the th year of his reign hath ordained . in the statute of circumspecte agatis , the king only saith , use your self circumspectly , concerning the bishop of norwich and his clergy . in the statute of quia emptores terrarum made in the th of his reign it is said our lord the king in his parliament at the instance of the great men of the realm hath granted , provided and ordained that the feoffees or alienees shall hold of the chief lord of whom the lords were holden . ca. . if part of the lands be sold it is to be apportioned , and it is , to wit , that this statute extendeth , but only to lands holden in fee simple , and for the time coming , and is to take effect at the feast of st. andrew next . in the statute of quo warranto liberties are holden , our lord the king of his especial grace , and for the affection which he beareth unto his prelates , earls , and barons , and other of his realm hath granted . in a d statute of quo warranto to the same effect hath established . in the statute de modo levandi fines it is to be noted , that the order of the laws will not suffer a finall accord to be leavyed in the kings court without a writ original . in the statute of vouchers made in the th year of his reign , our lord the king by his common-councell hath ordained . in another of the same year concerning wast committed by tenant for life , our lord the king hath ordained . in the statute de defensione juris , hath ordained , and from henceforth commanded . in a statute de non ponendis in assisis made in the st year of his reign , our lord the king hath ordained . by an act of parliament made in the same year de malefactoribus in parcis , our lord the king hath granted and commanded . in the statute or act of parliament de consultatione , made in the th year of his reign willeth and commandeth . in the confirmation of the great charter , and the charter of the forest in the th year of his reign granteth and willeth . in ca. . that judgements given against them should be void it is said we will. the like in ca. and . in ca. . we have granted . in ca. . that the king or his heirs will for no business whatsoever take aids or prizes , but by consent of the realm , and for the common profit thereof , saving the ancient aids and prizes due and accustomed , it is said , moreover we have granted . in ca. . for a release of toll taken by the king for wool , without consent as aforesaid , saving the custom of wools , hides and leather granted by the commonalty , it is said , that the king at their request hath clearly released and granted . the king hasting into flanders to aid his confederate the earl thereof , against the continued envy , malice , and designs of the king of france his malignant neighbour , constituted ( without license of parliament ) his son edward then being under age the custos or guardian of the kingdom , and appointed richard bishop of london , william earl of warwick , nec non & milites reginaldum de gray , johannem gifford & alanum plukenet viros emeritae militae , providos & discretos to be his assistants and councellors , who in the kings absence with much ado , and with nullam aliam sentire vellent , obtained a peace to be made with the earl of hereford and earl marshal , that the king should confirm the great charters with the aforesaid articles added in the . . . and . of that parliament , and to the . of nullum tallagium , but by the consent of the realm , and for the common profit thereof , saving ut supra , releasing the tolls of wool. which being sent unto the king were returned sub sigillo suo tanquam , saith the historian , ab eo qui in arcto positus erat cedendum malitiae temporis censuit , upon the confirmation whereof the populus anglicanus concessit denarium nonum bonorum suorum . but the king being returned in the th year of his reign was pressed in parliament by the aforesaid earls , the constable & marshal , because the charters were confirmed in a forreign country , to do it again , for that the bishop of durham and the earls of surrey , warwick and gloucester , had promised , that obtenta victoria against the scots , he should post ejus reditum do it , and in the th year of his reign , being again in a parliament holden in london , urged by the said earls to do it , post aliquas dilationes , was willing to do it with an addition of salvo jure coronae , with which the earls being displeased and leaving the parliament , revocatis ipsis ad quindenam paschae ad votum eorum absolute omnia sunt concessa . which begot the statute said in the printed book of statutes published by mr poulton to be incerti temporis . e. . but it is to be beleived for the reasons aforesaid to have been made in the th year of his reign in those only words , that no tallage or aid shall be taken or leavied by us or our heirs in our realm , without the good-will and assent of arch-bishops , earls , barons , knights , burgesses , and other freemen of the land. in the statute of wards and reliefs . e. . who shall be in ward , and pay relief , which seemeth to be a declaration of the king alone , being for the most part of matters concerning himself , and his undoubted casuall revenue , it is to wit when in the statute immediately following touching persons appealed , it is said , the king hath granted , ordained , and provided . in the statute called articuli super chartas , ca. . in the confirmation of the great charter and the charter of the forest , in the later end and close thereof are these words , viz. and besides these things granted upon the articles of the charters aforesaid , the king of his especial grace for redress of the grievances which his people hath sustained , by reason of his wars , and for the amendment of their estate , and to the intent that they may be the more ready to do him service , and the more willing to assist him in the time of need , hath granted certain articles , the which he supposeth shall not only be observed of his leige people , but also shall be as much profitable , or more then the articles heretofore granted . that none shall take prices , but the kings purveiors or their deputies , it is said to be ordained with a nevertheless the king and his councell do not intend by reason of this estatute to diminish the kings right , for the ancient prizes due and accustomed , as of wines , and other goods , but that his rights shall be saved unto him whole , and in all points . declaring of of what things only the marshall of the king's house shall hold plea , &c. it is ordained . and in another act entituled , common pleas shall not be holden in the exchequer , it is said , moreover no common pleas shall from henceforth be holden in the exchequer contrary to the form of the great charter . that no writ concerning the common law shall be award under any petit seal . the authority of the constable of the castle of dover touching hold pleas and distresses . that the inhabitants of every county shall make choice of their sheriff being not of fee , it is said , that the king hath granted to his people that they shall have election of their sheriff in every shire where the shrievalty is not of fee , if they list , which would have been very prejudicial both to the king and his people , as to the collecting of his revenue , and executing his justice by his mandates , writs , and process , if the confirmation , allowance , or disallowance thereof had not been by law lodged in the king and his supream authority . what persons shall be returned in every jury , the king willeth and commandeth . for a remedy against conspirators , false enformers , and embracers of juries , the king hath provided a remedy . against mainteynors of suits , it is said , the king willeth , but it may not be understood hereby that any person shall be prohibited to have councel of pleaders , or of learned men in the law for his fee , or of his parents or next friends . what distress shall be taken for the kings debts , and how it shall be used , the king willeth . what sort of persons the commons of shires shall chuse for their sheriffs , forasmuch as the king hath granted , it is said , the king willeth . that baylewicks and hundreds shall not be let too dear to charge the people with contribution . in summons and attachments in plea of land , the writ shall contain daies , it is in like manner to be understood . in like manner against false retornes of writs . the king willeth that the statute of winchester shall be read times in the year , and put in execution . the king willeth that escheators shall commit no wast in wards lands . in an act of parliament declaring in what cases the owner shall have his lands delivered out of the king's hands with the issues , it is said the king willeth . in an act of parliament that vessels of gold shall be assayed , it is said to have been ordained , and that notwithstanding all those things before-mentioned , or any point of them , both the king and his councell , and all that were present at the making of that ordinance ( meaning the judges and assistants of that honourable court ) will and intend that the right and prerogative of his crown shall be saved to him in all things . in the statute de escatoribus . e. . at the parliament of our lord the king at lincoln in his councell , it was agreed and also commanded by the king himself , and this order shall be held from henceforth in the chancery notwithstanding a certain ordinance lately made by our lord the king concerning lands , and tenements taken into his hands by his officers , and not to be delivered but by the king himself , and as it is conteined in a certain dividenda or indenture made betwixt the king himself and his chancelor , whereof one part remaineth in the custody of the chancelor . in the new statute of quo warranto made anno . e. . it is recited that the king himself in the year of his reign , providing for the wealth of his realm , and the more full administration of justice as to the office of a king belongeth the more discreet men of the realm , as well high as of low degree being called thither , it is provided and ordained ; but in the writs framed to enquire by what warrant the liberties were granted to the people , they are said to be in parliamento nostro per nos & concilium nostrum . . e. . in an ordinance for measures , it is said , that by the consent of the whole realm of england the king's measure was made . in the statute of . e. . touching protections , granted by the king , it is said to have been provided . in the ordinance or definition of conspirators made in the aforesaid year it is declared that this ordinance and final definition of conspirators was made and aworded by the king and his councell in parliament . in the statute of champerty made in the d year of the reign of the aforesaid king it is recited , that whereas in our statute it was contained , and provided by a common accord , the writ framed thereupon mentioneth that law to be the kings ordinance . in the ordinance for enquests made in parliament the same year , it is said to have been agreed and ordained by the king and all his councell . in the ordinatio forestae made in the year aforesaid whereas certain people have by great men made request to our lord the king that they may be acquitted of their charge , and the demand of the foresters , our lord the king answered that when he had granted pour lieu , he was pleased it should stand as it was granted , albeit the thing was sued and demanded in an evill point . nevertheless he willeth and intendeth that all his demeasne lands , which have been of the crown or returned unto it by escheat or otherwise shall have free chase and free warren and in right of them that have lands and tenements disafforested for the said pourlieus , and such as demand to have common within the bounds of forests the intent and will of our sovereign lord the king is &c. and if any that were disafforested would rather be in the forest , it pleaseth the king very well and our lord the king willeth and commandeth the justices of the forest , &c. in anno . of his reign there being an ordinance for measuring of land. in the same year the king by his letters-patents with the teste meipso certifying the statute de conjunctim feoffatis declared that it was no new thing that among divers establishments of laws which he had ordained in his time upon the great and heinous mischiefs that happen in writs of novel disseisin chiefly above others he ( as if he neither did know or believe any co-ordination , or that he was to be tutored by a conservatorship ) had devised a more speedy remedy then was before , and willeth and granteth that that statute shall take his effect the morrow after the feast of st peter ad vincula next coming . in the statute for amortising of lands tempore e. . the king commandeth , &c. in ca. . which seemeth to be about the th year of that kings reign in the confirmation of all our laws , liberties , and customes it is said that the king willeth and granteth , if any statutes have been made or any customes brought in contrary thereunto , that such statutes , and customes shall be void for evermore . and for the more assurance of this thing we will and grant that all archbishops and bishops for ever shall twice in the year cause to be openly read in their cathedralls the said charters and denounce curses against the willing infringers thereof , and the archbishops , bishops , &c. have voluntarily sworn to observe the tenor thereof . in the ordinatio pro statu hiberniae made by him at nottingham by the assent of his councel there being in ca. . in what cases the justices of ireland may grant pardon of felony &c. and where not , there is an exception so always that there be no pardon or protection granted of those felonies which shall be hereafter committed without the special commandment of us our selves . in the ordinatio forestae made in the th year of his reign the king ordained . the like in ca. . that an officer dying or being absent another shall be put in his place . that no forester should be put in any assize or jury the king willeth . the like touching the punishment of officers surcharging the forest. the like for grounds disafforested . touching commons in forests and that the justices of the forest in the presence of the king's treasurer , and by his assent may take fines , and amerciaments , it is said , the king willeth . in the statute de asportatis religiosorum it being recited , that it came to the knowlege of our lord the king by the grievous complaints of the honourable persons lords and other noblemen , of this realm that monasteries and other religious houses founded by the king and his royal progenitors , and by the said noblemen , and their ancestors , and endowed with great portions of lands , that the abbots and priors especially certain aliens priors &c. have letten the said lands and laid great impositions and tallages thereupon , our lord the king by the councell of his earles , barons , great men , and other nobles of his kingdom ( no commons ) in his parliament hath ordained and enacted . that religious persons shall send nothing to their superiors beyond the seas . that no impositions shall be taxed by priors , aliens , it is said , moreover our aforesaid lord the king doth inhibit it . by whom the common seal of the abbys shall be kept and how used , it is said , and further our lord the king hath ordained and established . and though the publication and open notice of the ordinances and statutes aforesaid were in suspence for certain causes since the last parliament until this present parliament holden at caerlisle the octaves of st hilary in the year of the reign of the said king , to the intent they might proceed with greater deliberation and advice , our lord the king after full conference and debate had with the earls , barons , noblemen , and other great men of his kingdom ( no commons ) touching the premisses by their whole consent and agreement , hath ordained and enacted , that the ordinances and statutes aforesaid , under the manner , form and conditions aforesaid from the st day of may next ensuing shall be inviolably observed for ever , and the offenders of them shall be punished as is aforesaid . and so well did he and the lawyers of that age understand the originall , benefit , and use of the feudall laws , the ancient honour , glory , and safety , of the english nation , their kings princes and people , as he did , ( as the learned and judicious dr. brady hath asserted ) in and by the right of the feudal laws , and their original grant of the fees ( without assent or advice of parliament ) give license to their tenants to talliate , tax , and take scutage for ayd of performing the knight or military service , incident or chargeable upon their lands ; and likewise to tenants ( otherwise employed by the king ) in capite , though not in the army to charge their tenants with scutage , warranted by the writ following , in the th year of his reign directed to the sheriff of worcester in these words . rex vicecomiti wigorn. salutem , quia dilectus , & fidelis noster , hugo le dispencer per praeceptum nostrum fuit cum dilecto consanguineo & fideli nostro , edmundo com. cornub. qui moam traxit in anglia pro conservatione pacis nostrae , anno regni nostri decimo , nobis tunc existentibus in guerra nostra walliae , tibi praecipimus quod eidem hugoni facias habere scutagium suum in feodis militum quae de eo tenentur in balliva tua , videlicet quadraginta solidos de scuto pro exercitu nostro praedicto , & hoc nu●latenus omittas t. edmundo comite cornubiae consanguine regis apud westm. die aprilis . et consimiles literae diriguntur vicecomitibus leicest . eborum , lincoln . suff. wilts . south . surr. buck. essex . north. oxon , berk. norff. staff. rotel . & justic. cestr. and a writ on the behalf of henry de lacy earl of lincoln , directed the sheriff of york in the words , quia delectus & fidelis noster , henry de lacy , comes lincoln , non sine magnis sumptibus & expensis , ad communem utilitatem regni nostri in obsequium nostrum per praeceptum nostrum , in partibus franciae , pro reformatione patis inter nos & regem franciae , tempore quo eramus in guerra nostra scociae anno videlicet segni nostri . quod quidem obsequium loco servitii sui quod tunc nobis fecisse debuerat acceptamus , tibi praecipimus quod eidem comiti haberi facias scutagium suum de feodis militum quae de eo teneantur in balliva cua videlicet quadraginta solidos de scuto pro exercitu nostro praedicto , et hoc nullatenus omittas teste rege apud westm. . die aprilis . consimiles literas habet idem comes direct . vicecomitibus warr. bedford . buck. somerset . dorset . glouc. norff. suff. hereford . leic. lenc . notting . derby . northampton . midd. cantabr . oxon. berk. another on the behalf of henry de percy in the form ensuing , videlicet , rexvicecomiti eborum salutem , quia dilectus & fidelis noster henricus de percy fuit nobiscum per praeceptum nostrum in exercitu nostro scotiae anno regni nostri . tibi praecipimus quod eidem henrico haberi facias scutagium suum , de feodis militum que de eo tenentur in balliva tua , videlicet quadraginta solides de scuto pro , exercitu nostro praedicto , & hoc nullatenus omitas teste rege , &c. consimiles literas habet idem henricus vicecomitibus lincoln . derb. notting . cant. hunt. norff. suff. salop. stafford . consimiles literas habent executores testamenti johannis de watrenna quondam comitis surr. defuncti , probably the same man that being called to an account , quo warranto he held many of his liberties , is said over sturdily to have drawn out or unsheathed an old broad rusty sword , and shewing unto the justices itinerants , instead of his plea answered , by this which helped william the conqueror to subdue england , which so much incensed the king as he afterwards , as some of our english annalists have reported at his return home caused him to be besieged in his castle at rigate , untill in a better obedience to his laws he had put in a more loyall and legall plea. had the like letters de habend . scutag . de feod . militum , quae de ipso comite tenebantur die quo obiit in guerra regis speciale direct vicecomitibus surr. sussex , essex , hereff. buck. lincoln . northampton . ebor. by writ of privy seal . consimiles literas habuit prior de coventry qui finem fecit &c. direct . vicecomitibus warr. liec . northt . glouc. wigorn. abissa shafton qui fecit finem , &c. habet scutagium suum . but if aids and scutage were assessed by parliament the military tenants were to be the only collectors thereof . . e. . in the statute ne rector prosternat arbores in caemiterio , it is said , that because we do understand that controversies do oftentimes grow between parsons of churches and their parishioners concerning trees growing in the church-yards , both of them pretending that they do belong unto themselves , we have thought it good rather to decide the controversy by writing then by statute , and declaring them to be parts of the goods of the church , the king did prohibit the parsons of rhe church that they do not presume unadvisedly to fell them , but when the chancel or the body of the church wanted necessary reparations in which cases the parsons of their charity shall do well to relieve the parishioners with bestowing upon them the same trees , which he will not command to be done , but will commend it when it is done . so happy and ready was the obedience & better wisdom of the subjects of this kingdom in the ancient and former ages , when an agreement made before the king or his word was adjudged to have the power & force of a fine , & any one of his writs or edicts wanted not the operation and efficacy in many things of an act of parliament or statute , and so degenerate and unhappy are our present times as to suffer our interest and wrangling peevish disputes , to disobey or lay aside not only the king's mandates and edicts in the ordinary and necessary course of his government , but in extraordinary and his supream power in parliament . who was as well furnished with common as he was with civil lawyers , which as a militia togata were as strong and impregnable forts and bulwarks to help to guard his crown and dignity , namely , henry de bracton , john de breton , the sincere and upright john de metingham , & elias de beckingham , together with accursius doctor utriusque juris civil and canon gilbert de thorneton first his attorney general , afterwards chief justice ad placita cor am rege , gilbert de rowbery , roger brabazon and william howard a justice of the court of common pleas , cum multis in legibus eruditis & side dignis as to this day it appeareth in the steddy and unarbitrary pleadings and records of his glorious reign . in whose time it was not denied to be law and right reason that that verificatio patriae contra chartam regis non est admittenda . and did in the making of his laws but imitate his great ancestors . for king ina who reigned in anno domini . conredi patris sui heddae & ercenwaldi episcoporum suorum omnium senatorum suorum & natu majorum sapientum populi sui in magna servorum dei frequentia who in his making of his laws did believe it necessary in his imprimis to use the word precipimus . king alured who began his reign in anno domini . made his laws with a proposuimus & esto and in those which were published by johannes bromp●on with a praecipimus . king aethelstan who reigned in the year . made his laws prudenti ulfhelmi archiepiscopi aliorumque episcoporum suorum concilio with a signif 〈…〉 , decrevimus , statuimus & omnibus clare significat , and saith brompton mandat praepositis suis , and declared many of his laws with a volo & diximus & ediximus & placuit nobis . king edmund that began his reign in anno . made his laws solemni paschatis festo frequentem londini tam ecclesiasticorum quam laicorum coetum celebravit cui inter fuerunt odo & wolstanus archipraesul . plurimique alii episcopi with an ego edmundus rex omnibus qui in ditione ac potestate mea sunt clare significo decrevimus . edwardus rex saith , brompton made his laws with a mandit & praecipit omnibus praefectis & amicis ut justa judicia judicent & injudiciali libro stant & quod unum quodque placitum terminum habeat . king edgar who began his reign in anno . made his laws frequenti senatu with a sancivit porro autem has populo ( who were not then understood to be law-makers ) quas servet proponimus leges & publici juris beneficio quisque fruitor , and like his predecessors made them short and imperative and his canons in ecclesiastical affairs with a docemus . king ethelredus who began his reign in anno domini , made his laws sapientum concilio habito woodstoci merciae quae legibus anglorum gubernatur solely & imperatively with an esto . canutus anglorum dacorum & norweglorum beginning his reign here in england in anno domini , made his ecclesiastical laws solely and imperatively with an imperimus sapientum concilio ad natale domini . and his humanae & politica sapientum concilio with an omnibus observari praecipio , edocemus & esto , and touching his dominions of mercia with an haec eadem in mercia pro suis vendicat praeterea praecipimus , and an esto , satisfacto & poenas dependito , compensato , castigetur , exterminetur , in potestatem detur , plectitor , mulctator , mando invitus cogatur , habetor , & omnibus & singulis in dei nomine obtestor & praecipio . gulielmus rex anglorum cum principibus suis constituit post conquisitionem angliae qu●dam decreta with a volumus & firmiter praecipimus , statuimus , decretum est , interdicimus , prohibimus , & when the english had in the th year of his reign fletibus & precibus by the assistance of his norman subjects also obtained of him a confirmation of king edward the confessors laws , and to be governed by them , it is said to have been concilio baronum after an enquiry throughout all england , and certificate returned per universae angliae consulatus anglos nobiles sapientes & su● lege eruditos what those laws and customs were , et cum rex quae audisset cum aliis sui regni legibus maxime appretiatus est & praecepit ut observaretur per totum regnum . and they that will peruse the laborious collections of my ever honoured friend mr edward falconbergh , one of the deputy chamberlains of the exchecquer , the truest lover and carefullest preserver ( of the records , entrusted to his charge ) that ever come into that place , the very ancient gervasius tilburiensis , mr agard scipio le squier , & many other learned men , in the revolution of more then in that office years last past ( not excepted ) of the proceedings upon the very many quo warranto's , brought before the justices itinerant in their several circuits , throughout all the parts of the kingdom , in the reign of king edward the first as well high as low , lords spiritual and temporal , abbots and priors , great or small , therein sparing not his own brother , edmond earl of kent , may have premisses enough to conclude , that that stout and magnanimous prince did ( as our common english saying is ) lay about him , and had a mind to let his friends , the kings and princes , at the before mentioned congress , at montpelier in france understand that he knew how to perform what he had promised and undertaken . and it was high time to do it and look about him , when the benificiarii , his tenants in capite , would not be content to be gratefull , and allways keep in remembrance the obligations incumbent upon their lands , estates , ancestors , and posterities past or to come , and their oaths of allegeance and supremacy grounded thereupon , unless they might so work upon the favours , indulgence , ( and many times ) necessities of their kings and princes , as to procure as much as they could of their regall power and authority into their hands , as an addition to the many manors and lands formerly bestowed upon their forefathers , severall precious flowers of the crown , as fines and amerciaments , assize of bread and beer , felons , and outlaws goods , year , day , and wast , deodands , waifs , estreats and herriot , fossa & furtas , pillory and tumbrell , &c. and the then over-powering clergy , with their multitudes of abbotts , priors , and several orders of monks , fryars and nuns , working upon our former kings and princes devotions and liberalities ; heightned and procured by their too many tales and fictions of miracles and relicques , attracted unto themselves and their several houses and societies as much of their kings regalities , as could , with any justice to themselves or the rest of their subjects and people , or any reason , be required , or asked of them : and were anciently so fearfull to loose what they should not in that manner have gained , as the charter and patent-rolls of many of our ancient kings never wanted the company of the many confirmations of such kind of unbecoming grants ; and it may moreover justly be attributed unto the over-much clemency and indulgence of our common parents , kings and princes , that in their many acts of resumptions of no small quantities of manors and lands aliened from the crown of england , which as to its real estate in lands , is almost reduced to an exinanition or much too little for a royal revenue , they have notwithstanding , without any diminution permitted their feudatories to enjoy those very many regalities , which made them live like so many subreguli or petty kings or princes under them , and leave them so far exceeding the old saxon heptarchy , as ten thousand manors in england and wales unto their great regalities and liberties can amount unto no less then a strange kind of poliarchy in a monarchy , which like esau and jacob strugling in the womb never after agreed together , which that great prince king edward the . suis & aliorum miseriis edoctus did endeavour to prevent , and leave it to his heirs and successors as it ought to be a most ancient great and entire monarchy . was so exact and carefull in the causing of justice to be done , unto his people and subjects , as by himself or his justices itinerant and juries impannelled to enquire according to certain articles given unto them in writing , unto which they were to answer negatively or affirmatively , ( not as is now used by the justices of the court of kings bench , twice every year upon the impannelling of the grand juries of the county of middlesex , or by the judges in their several circuits to the grand juries of the several counties or places , by their learned speeches , and recommending unto them what they should enquire , and present what they know , and not tarry untill by chance or malice it be brought unto them ) which for the most part proves to be as little effectual , as if they should be required to have a care of their bill of fare , or what good provision of meat and wine was to be had at dinner , from whence well luxuriated and tobaccoed ( as unto not a few of them ) if they get home at any reasonable time of the night they have done their countrey service , that they have , and all is well , and for the little that they know is like to continue . but it was not thought to have been enough in that our great justiciar , king edward the first his reign , when he commissionated some of his justices to impannell juries in every ward of london , where it was found and returned upon their oaths in anno . of his reign , quod civitas london cum suis pertin . & cum com. middlesex tenetur in capite de domino rege , pro certa annua pentione , soluta ad scaccarium dominum regis per vicecom . london . quod dominus radolphus de berners mil. ten . unum messuagium , duo molend . aquatic . cum pertin . in paroch . sancti botolphi extra algate , quae vocantur the knights fee , quod quidem tenementum debet invenire domino regi unum servientem armatum in uno turretto turris london , per xl dies tempore guerra , ad proprios sumptus & in ultima guerrae fecit defalc . &c. dicunt etiam quod in com. midd. sunt hundred . wapp . & tithing . & pertin . ad civit. london , palat. westminster , keneton , judaismum , & turrim , & civit. london in manu sua . inquisitio facta per jur. de warda anketili de alneranzo civis & aldermanni london super certis articulis ex parte domini regis e. anno ejusdemtertio apud sanctum martinum magnum london eisdem jur. tradit . in which dicunt quod civit. london & turr. ejusdem , westm. com. midd. sunt de dominico domini regis , & quod reddant domino regi per annum l , item dicunt quod wynton , northampton , southampton , oxon , bristoll , ebor. & al. civitat . & burg. quorum nomina ignorant , sunt de dominico domini regis & reddunt certam pecuniae summam annuatim , sed quantum ignorant . et quod dominus johannes quondam rex angliae , pater domini h. regis , dedit elianorae tunc temporis reginae angliae ripam regiam in civitate london , quae fuit de jure , & est de dominico domini regis . in which that great princes inquisitions , and desire of administring justice to his people , it is not to pass unobserved , that amongst all his quo warranto's what liberties were claimed in every part of the nation , and every man that would enjoy them , driven not to conceal but claim them , there was untill the year of his reign , when the disused house of commons , first erected in and by simon montfort's aforesaid rebellion , was again ordained to be elected with some modification , there was not any claim of parliament liberty , nor in any of our after kings reigns , nor is it at any time to be called a liberty to be crowded under that denomination , for that it was but transitory , not fixt to any person or land , and was but vaga & incerta , that opinion of a would be learned lawyer and recorder in the county of surry reprehended openly by a judge , that it was a privilege or liberty of parliament , to use some art by a counterfeit deed , or otherwise to make himself to be a freeholder , with an intent to be a parliament-man . which jury presented pourprestures in stopping up the way betwixt ludgate and newgate , and from newgate to st nicolas shambles , and to and from several other places within the city , that john de london and gregory rokesly received money of the king to pay his debts , and retained a d part to their own use , and paid that which they did in bad money , that the mayor , shrieves and aldermen of london , without the consent of the community , did tax the men of small estate and suffred the greater to escape , that after the battell of evesham the city was fined marks , which was leavyed of the commonalty , of the citizens being excepted from pardon . et quod dominus rex habet in dominico suo , quae pertinet ad dignitatem coronae suae de antiquo dominico aquam thamess , quae incipit apud youland ad introitum maris , versus orientem , ex utraque parte usque ad pentem de staines . caused juries to be impannelled and presentments made , quae & quot maneria , quae esse solent in manibus domini regis , & de feod . domini regis , aut de antiquo dominico , de firmis , hundredi , wapentach , &c. quot hund. in com. middl. & de firmis antiquis , &c. of malefactors , assaults and batteries felonies , escheates , lands aliened in mortmain , incroachments super solum regis , pourpraestures and stopping of streets or passages , for building upon the kings ground , one whereof being presented by the jury not to be ad nocumentum was arrented at d per annum . who presented quod edmundus de cheyne tenuit prisonam de fleta serjeantiam de haereditate johannae valet per annum l . & per serjeantiam custodiend . prisones domini regis , & palatium domini regis apud westm. whereupon a sine die was granted , but with a salvo iure regis , &c. buildings super solum regis ordered , to be beaten down , when they were ad nocumentum , and inquiries made de vinis vendit contra assisam , purprestures in the passages of streets ordered to be altered and laid open , and the transgressors in misericordia and punished , a toll taken unjustly by the warden of the fleet upon fleet-bridge , and between that and holborn-bridge prohibited , and the warden fined , stalls , shops and galleries built , or posts and walls erected super solum regis in civitate praedicta commanded to be taken down , the overseer or supervisor of cloth in the city , presented for taking too much custom of the merchants , and other money to conceal the defects of cloath , for which his deputy being accused , petit quod possit admitti ad finem in hac parte priusquam inquisitio fiat , & admittitur per finem s. d. per pleg . it being presented that the customers or collectors of the customs for the wool ( then a very great transportable commodity into forreign parts ) had taken a greater custom then the usual cockett , and as well of the english as forreigners , ad dampm . domini regis , & oppressionem & depauperationem totius populi ; they prayed to be admittted ad finem cum domino rege , and were accordingly ; another was presented for setting up posts with iron-chains , ante ostium cellarii sui , and of them cross the street , postea the defendent came and pleaded quod delevit predictos postes infra sum . itiner . et jur. hoc testantur , & quia prius non delevit in misericordia ; peter cosyn presented for building a porch of foot long in solo regis , by which the street was streightned , et ( quod ) nullo modo possunt stare , ideo prec . fuit vic . quod prosternere fac . quicquid sit ad nocumentum , et def . in misericordia quia de facto suo ; william cosyn being presented for raising an imposition or toll in a street called cosyn-street , through which the people fetched water from the river of thames , et predictus williel , non venit , et fuit attach . per &c. ideo in misericordia , et jur. testantur quod predict . will. levavit de novo d . per anuum , ideo consid. est quod dominus rex recuperet s. d . pro predict . . annis versus predict . will. et idem will. in misericordia ; et predict . venella reman . communis ficut prius esse solebat , william de dalby in misericordia , for that he having a freehold tenement in civitate ista did not appear before the justices itinerant ; a mudd-wall built upon a peice of ground before the church of st. michael bassieshaw in civitate london being presented to be ad nocumentum , was ordered to be thrown down . walter de herbeston presented in cripplegate ward london for erecting certain barrs super solum regis , who confessing it , was ordered to pull them down at his own charge , and in misericordia quia prius non delevit . richard de bakere presented for making a well , the one half in his own ground , and the other super solum regis . roger de bellinger built stalls super solum regis , which he said he was willing to pull down if they should appear to be ad nocumentum , & praec . est vic . quod deleantur si sint ad nocumentum , & nichil de misericordia quia non de facto praedicti rogeri . another was presented for setting up pales of boards before his house in aldermanbury in london , which not being denyed the sheriff was ordered to pull them down , at the charge of the transgressor . another for building a chimney super solum regis , which was ordered to be pulled down at the charge of him that did it . william de pontefrayt for suffering his tenant hugh malyn since deceased , to build quendam gradum de petra extra ostium de ten. foot long super regiam viam , and the landlord himself about a year before fecit quandam fenestram in eodem ten . foot and an half broad and foot long , appropriando sibi de solo regis ad nocumentum , & non potest arrentari , ideo prec . fuit vic . quod deleri fac . robert de rofham years before fec . unum ostium foot long , ad ingressum cujusdam cellarii in chepe , extending it self into the kings high-way , appropriendo sibi de solo domini regis ad dampnum domini regis , & non potest arrentari ideo prec . fuit vic . quod deleri fac . the dean and chapter of st pauls london , being presented for taking s. per annum rent for an house in woodstreet , and incroaching upon s. rent out of another tenement in london , with another rent of s. per annum out of another house , pro sustentatione cantariae in ecclesia sancti pauli london in perpetuum , who pleading that the king had granted and confirmed unto them omnia legatu , donationes eis prius facta de quibuscunque terris , ten . seu redditibus in civitate ist a seu suburb . ejusdem per literas suas paten . prout plenius apparet inter placita in warda de farindon irrotulat , ideo idem decanus & capitl . inde sine die , &c. hugo de waltham being presented for building an house in the parish of st. peters in cornhill super solum regis , for which an anachoret paid d. per annum , and inclosed another part thereof with pales foot in length and foot in breadth super solum regis , and john de oxon was the now tenant thereof , who came and prayed that he might rent it at d. per annum , which was granted paying the king as much , the jury finding it not to be ad nocumentum , &c. ric. le taylor and others , presented for selling in the night , veteres pannos , caligas & alia mercimonia in deceptionem ementium , cum per antiquam consuetudinem usitatum in civitate , nullum mercatum ibi teneri debint , nisi post ortum solis usque ad horam nonam vesperarum die , ideo prec . est vic . quod venire facias . and thereupon the offenders were prohibited to do so no more , and the mayor and sheriffs injoyned , quod mercata de caetero non teneantur in london , post horam vesperarum pulsatam in ecclesia sancti thomae de aconia in civitate london , et postea proclamatum fuit , ( the modern and too frequent impudent cheating custom of false-lights purposely built in or near shops in the street side not then held to be godly , or to fignify any more then to shew where a knave dwelleth . ) presented some that had money to pay the kings debts and paid but part of it retaining the residue to their own use . and some of the company of the weavers in london for making an order for exacting a greater rate then was due for their works . that richard de rofham & al. fecerunt quandam congregationem ad aulam plumbatam super cornhil . that johanues de wengrave dum fuit major civitatis london , took of the vintners of london l. ut permitteret eos vendere lagonem vini ad d. & d. ubi vendidisse debuissent ad d. tantum ad dampnum totius populi civitatis , ideo prec . fuit vic . quod venire fac . and that the said john de wengrave in the taxing of the subsidy in the city of london , ad opus domini regis , by imploying men in every ward , ad opus voluntatem suam , did cause to be leavyed de mediocri populo civitatis , and when they were to leavy l. ad opus domini regis , did leavy de mediocri populo civitatis l. retinendo inde ad opus suum proprium l. and that the said john wengrave and his confederates being to collect in the city of london marks , for a sine , imposed for a trespass done to the king , for breaking down a wall juxta turrim london per quosdam de civitate praedicta , retained to their own use marks , in praejudicium domini regis & dampnum ejusdem mediocris populi , ideo prec . fuit vic . quod venire fac . eum , &c. likewise that the said john wingrave whilst he was mayor of london did sell dolia vini in grosso , & ad retalliam pretii cujuslibet dolii l. post statutum , ideo prec . fuit vic quod venire fac . eum , & postea testatum est quod praedictus johannes de wingrave non est invent , &c. sed quod distrinxerunt eum per exit . quorundam ten . & ipse non ven . whereupon the king by his writ directed unto hervey de stanton one of the justices itinerant , reciting the whole matter , commanded him to certify the said presentment to the treasurer and barons of the exchecquer , that they might according to law take order therein . presented that the dean and chapter of st pauls in london , had incroached upon a large peice of ground near that church , where the mayor and city of london were accustomed to keep their folkmote , and also muster and shew their arms , being solum regis , and other large peices of ground towards st. augustines-gate , unto which they pleading divers grants and charters of some of the kings royall progenitors , the king by his writ adjorned the process and pleading therein to be heard and determined before himself , ubicunque fuit in anglia in quindena st. michaelis prox . commanded the dean and chapter there also to attend at the same time . johannes de cumbuelle constable of the tower of london , was presented for taking toll , custom , and victualls of such as fish upon the river of thames near unto the tower , who pleaded that he took it for the kings use , and had accompted for it in the exchecquer . postea predictus johannes recessit in contemptum curiae , ideo praec . fuit vic . quod distring . eum , & quod habeat corpus ejus coram thesaur . & baron de scaccario in quindena sancti michaelis ad audiendum judicium . presented william de broy arch-deacon of london and others , for extortions as officers and clerks in the city , who made falsas & fictas actiones & per minas , extorserunt divers great sums of mony , & prec . fuit vic . quod venire fac . who came and denied the extortion but would not put themselves upon the jury , but the justices declaring unto them that when they are charged in the court for trespass against the king , et non vellent se ponere in jur. patriae ad ipsos inde acquietand . per quod jur. secundum legem & consuetudinem regni capiend . finalis exitus debet fieri , they were otherwise to proceed . whereupon the defendants not denying their offences , but refusing to put themselves upon the jury , submiserunt se gratiae domini regis in ea parte , & ideo ad judicium , & postea petunt dimitti per plevinam , & eis conceditur . and it was moreover presented ex parte comunitat . london , quod omnes tabernarii , vina vendentes ad retalliam in civitate ista , had by confederacy amongst themselves , ordained that they would not suffer any , that buy wine of them , to see it drawn out of the vessel , & sic predicti tabernarii vina sua vendunt in locis absconditis & obscuris , per quod plures homines bibentes de vinis illis aliquando gravitur infirmantur , & quidem ea occasione moriuntur , ideo prec . fuit vic . quod venire fac . omnes hujusmodi tabernarios , &c. whereupon some of the taverners their drawers or vadlets , as they were then called , came and not denying the fact , were fined marks to the king , unde quilibet eorum pleg . alterius &c. et injunctum est iis quod de caetero permittant vina emere volentibus videre vinum & dolium de quo bibere debet , & quod emptor videat ubi & quando vinum extrabatur de dolio , & similiter proclamatum est quod emptores vinorum de caetero non impediantur ad videndum vina sicut injunctum fuit tabernariis , &c. and juries were also impannelled to certify who were amerced sine rationabili causa & ultra quantitatem delicti , & non per pares , &c. and was so allways ready and willing in the administration of his justice , for the good of his subjects , as in the year of his reign , he did cause an act of parliament to be made to punish frauds and deceits , in serjeants or pleaders , in his courts of justice , under no less a penalty and punishment then a year and a days imprisonment , with a fine and ransome at the kings pleasure , and be never more after suffred to practise in any of the kings courts of justice . and if it be an officer of fee his office shall be taken into the kings hands , and whether they be of the one kind of the offenders or orher , shall pay unto the complainant the treble value of what they have received in like manner . and thus that great king by the testimony & applause of the age wherein he lived justly merited the honour to be inrolled in the records of time history and fame , for a most prudent and valiant prince , & in his personal valour much exceeding that of the exttaordinarily wise solomon , alexander the great , julius caesar , the politique hannibal , the wary fabius , or his valorous and daring great uncle richard the first of that name king of england , rendred himself equal to all the great kings and captains that lived before or after him . and might have thought himself and his successors to have been in some condition of safety when the writ or election of members in the house of commons in parliament were to be only by his own writs and authority , and the sheriffs who were not the parliament officers but the kings , and by the law to be sworn unto him not unto both or either of the houses of parliament , and were strictly to observe and execute his writs and mandates . sect . xix . that the sheriffs are by the tenor and command of the writs for the elections of the knights of the shires and burgesses of the parliament cities and burrough-towns , the only judges under the king , who are fit and unfit to be members in the house of commons in parliament , and that the freeholders and burgesses more then by a just and impartial assent , and information who were the fittest were not to be the electors . for the commissions or mandates of inferiour judges , magistrates or courts , or their power and authorities over executed , and further then the true intentions and proper significations of the words therein not overstrained or racked , or not as they ought to be duly executed , are in our and the laws of most of the nations of the world , accounted to be void & liable to punishment . and it ought not to escape our or any other mens observations that the county court of a sheriff is as sr edward coke saith no court of record , and is in it self of so petit a consideration as it holdeth no plea of any debt or damage to the value of forty shilings , or above , or of any trespass vi & armis , because a fine is thereby due to the king , is called the sheriffs county court , and the stile of it is curia vicecomitibus , the writs for the summoning of the commons or barons of the cinque-ports , who have been ( since . h. . ) and the allowance thereof in . e. . after a long discontinuance accompted as burgesses are directed to the warden or guardian of the cinque-ports , as they are to the sheriffs of every county for the choice and election of knights , citizens , and burgesses . and the sheriffs authority , as to that particular affair , is so comprised in the writs , as they are not to swerve or depart from the tenor or purport thereof , which are made by the chancellor of the king , or keeper of the great seal of england , & sometimes by a warrant under the king 's own hand , as in the fifth year of the reign of king eward the d in the words following , viz. rex vicecomiti eborum salutem quia propter quaedam magna & ardua negotia nos & ducatum nostrum aquitaniae , ac alias terras nostras in partibus trausmarinis , pro quibus ad easdem partes nuper solemnes nuntios nostros destinaverimus contingentique in ultimo parliamento nostro a quibus certis causis terminari non potuerint , parliamentum nostrum apud westmonasterium die lunae in crastino quindeux paschae , proxime futurae teneri , & cum praelatis , magnatibus & proceribus dicti regni ordinavimus habere colloquium & tractatum tibi praecipimus firmiter injungentes quod de dicto comitatu duos milites , & de qualibet civitate comitatus illius duos cives , & de qualibet burgo duos burgenses , de discretioribus , & ad laborandum potentioribus eligi , & eos ad dictum diem & locum venire faciatis , ita quod milites plenam & sufficientem potestatem pro se & communitate comitatus praedicti , & dicti cives & burgenses pro se & communitate civitatum & burgorum divisim , ab ipsis habeant , ad faciendum & consentiendum iis quae tunc de communi concilio ( favente deo ) ordinari contigerint super negotiis antedictis , ita quod pro defectu hujusmodi potestatis dicta negòtia ineffecta non remaneant quovis modo , & habeas ibi nominia praedictorum militum , civium & burgensium , & hoc bre , & hoc sicut nos & honorem nostrum , & tranquilitatem & quietem dicti regni diligitis , nullatenus omittatis &c. t. anno . e. . . febr. per ipsum regem . wherein none of the spirituall and temporal barons or their tenants for the land anciently belonging unto their baronies , or the clergy , having no lay fee tenants of the king , and ancient demesne , though many of those kind of tenants do take upon them to do it , abbots and priors , monks or fryers , which latter are to be accompted as dead persons in law , copy-holders and widdows are neither to be electors or elected , nor persons attainted of felony or treason outlawed , or prisoners in execution for debt , and the sheriffs in their returns or indentures are not to return , as they did sometimes , or do now , that the freeholders elegerunt , but that the sheriff elegi fecit , as was done in . e. . by a sheriff of roteland quod elegifeci in pleno comitatu per communitatem totius communitatis illius duos milites de discretioribus . in a return of a writ of summons in . e. . drogo de barentine the sheriff of oxford and berkshire returned , that richardum de vere militem , & johannen de croxford de com. oxon , richardum de walden & johannem de vachell de com , berk de assensu & arbitrio hominumeorundum com. nominatos premuniri feci & firmiter injunxi quod sint ad diem locum &c. and a sheriff of leicester and warwickshire mentioning the day when the writ of summons was delivered unto him , saith it was per manus cujusdam exteanei de garderoba domini regis q 〈…〉 nomen suum sibi nonnominavit nec billam expectavit , and that he had thereupon chosen robert de wileby miles de com. leic. & qui manucapt . fuit per johannem clerke & johannem russell johannem peche mil. de com. war. per manucapt . johannem walkere , willielmo peniter . for although it hath been said , and sometime taken for a rule in our laws , as well as in others in some cases , that qui facit peo alium facit per se , yet such trusts as those are as little transferrable as that of a membership of the house of commons in parliament to one that was never elected , and the sheriffs are not to trust either ignorant or factious men , by packing and juggling one with another to choose boys or youths under the age of . of which sort as mr pryn hath publiquely declared there have been above twenty at a time in the house of commons in some of our late unhappy parliaments ; or debauches , hereticks , or anti-trinitarians as one was in one of oliver cromwells mock-parliaments and ejected for it , or an atheist ; in regard that besides some particular clauses of their writs mentioned , it is allways expressed that the business for which the parliament was likewise to be assembled was pro defensione regni & ecclesiae anglicanae which do manifestly declare the intention of the king and his writs to be , that the madheaded people led by drink , ignorance , interest , bribes , fear , or flattery are not to be suffered by sheriffs to chuse papists fanatiques or rigid presbyterians , the greatest or most inveterate enemies to the church and kingdom , or the sons of such as sate in the horrid convention that murdered their king , and when they should make their election de prudentioribus & discretioribus , let fools knaves and drunkards chuse one another ; for howsoever the house of commons have been heretofore filled with some , or moulded otherwise then they should be , yet the intention of the writs was never ro introduce such fiery tempers or granadiers as should do what they could to fire all within and without , and elect all the new-fangled untryed innovations they can , and encourage others thereunto , before they know how to understand them ; make remonstrances and harangues , and print and publish them to the people against the government , fundamental laws , and the just rights of their sovereign , and their succession the former and later , of which the politiques of former ages and queen elizabeths blessed reign , would never think sit to be there disputed , and the perclose or later part of those writs , that one part of the indentures should be retorned to the king in his chancery may evidence that the intention of those writs and of him that gave them their breath , and authority , was , that the approbation and allowance of the elections should ultimately reside in the sovereign , which gave occasion to oliver cromwell in his usurped kingship , under the counterfeit title of protector of his fellow-rebells in an instrument of his own making , to reserve to himself and his privy councell the power of allowing and disallowing such as should be chosen to be members of the house of commons in parliament . for by law it is intended that the king should have the approbation of the men elected , and therefore to that end one pair of the indentures are to be retorned to the clark of the crown in chancery & our kings in their parliaments that succeeded the th year of the reign of king edward the first , as well as the tenor & purport of the writs , did provide that the sheriffs who are the kings , officers & not the peoples , should according to the kings writs be judges of the fitness , or unfitness of the persons elected or to be elected , and did therefore to prevent the defaults of due elections , ordain penalties to be laid upon them for making false retorns or doing wrong therein and give directions unto them how in many things to manage the affairs in such elections , as in . h. . . where it was complained that the sheriffs made the elections according to affections or otherwise , . h. . that undue elections should be enquired of by justices of assize , who should have power to enquire of false retornes made , and to examine and fine the sheriffs making default at l. and the knights unduly retorned were to lose their wages of old time accustomed ; and by an act of parliament made in the th year of the reign of king henry the th , the said sheriffs and knights were to be admitted to their answers , and traverse to such enquests taken ( which must be understood to be either in the kings court of chancery or kings-bench , where the king himself is supposed by law to be present ) and the knights should not be endamaged to the king , his heirs and successors by any such enquest untill they should thereof be convict according to the form of the statute of the . of h. . . knights and burgesses should be chosen of such as be resiant . h. . ca. . the people that were to chose ( or rather to assent ) were to have s. per annum freehold , and none to be chosen knights of the shires that have not above , and the sheriffs were impowered to examine upon oath how much every one in giving his vote or consent to the● election might expend by the year . and by the statute of . h. . . the sheriffs is to make his precepts to the mayor or bayliff of cities and parliament burgess towns , who were to take care of due elections and retorne the indentures to the sheriffs and the penalties given to the king , and they that should be mischosen and sit in parliament are to forfeit l. to the king , and as much to the party duly elected , or to them that will sue for the same , wherein no wager of law or essoyne is to be allowed , but such process as are to be awarded , as in trespass at the common law : and brooker a sheriff of wiltshire was in the reign of queen elizabeth , prosecuted in the court of starr-chamber upon an information for perjury at the queens suit for a false retorne made of sr john thyn to be knight of the shire for the said county in parliament , whereas in truth penruddock was chosen by the greater number of the freeholders in the said county in deceit of the county and of the whole realm . and the sheriffs and the chief magistrates of every city and burgess town , every knight of the shire and burgess of parliament ought by the mandate and tenor of the writs , and as the indentures which are not made betwixt the electors and the elected , but betwixt the electors and the sheriff do ordain to take care that the knights should have plenam & sufficientem potestatem pro se & comunitate comitatus , and the burgesses chosen for every city and burgess town : ad faciend . & consentiend , &c. which in a just formality of law ought to be signified to the king in his chancery by their indentures as an instrument or deed of procuration or letter of attorney which the after clause ira pro defiatu potestatis doth intimate to be a thing so necessary as without it they might be rejected , if it should be insisted upon , for surely the king that by his writ for the election gives the power and license to his sheriffs to elect knights and burgesses to come unto the parliament , is to have so much controll and power over it , as to examine whether they were duly elected , and upon occasions of death , undue elections , or other incapacities to cause new elections to be made , wherein although the house of commons have in this our century , or an hundred years last past , been willing to save the king and his ministers of state a labour , and upon the death or removall of a member have usually sent their warrant or certificate to the lord chancellor or keeper of the great seal of england , or the clark of the crown for the election of others ; the learned lord chancellor or keeper egerton , scrupling such a kind of proceeding , wished it might be otherwise , and the president of simon de monforts rebellious first institution of an house of commons , in his new unexampled kind of parliament in the th year of the reign of king henry the , cannot be so racked or strained , as to warrant any such proceeding , for even then , when he was those rebells prisoner for an year and a quarter , they could not tell how to adventure upon such a kind of new and self authority ; yet it hath been by the permission and indulgence of our princes , who have thereby too much given them the opportunity and advantage of making one evil action to be a custom , for all that have been but a little acquainted with our laws and records may without derogation to that part of the honourable court of parliament , of which it hath been well observed and said in the earl of leicesters case , no man ought to speak or think dishonourably of them , believe that it is a matter particularly and especially only appropriate and belonging to the king and his supreme authority and dignity , and the elections are so entrusted by the king to the care of the sheriffs & his officers , as in the choice or election of coroners or verduters de assensu comitatus by the assent or good likeing of the common people of the county , there is in the conclusion of the writ a speciall clause to certifie the name of whom they had chosen , which if the king were not therein to give his allowance or refusall , would be altogether insignificant and to no purpose . and by his sovereign power notwithstanding his approbation in such an election it was never denyed to be lawfull and for the weal publique , that the king upon information that the coroner so chosen was aliis detentus negotiis , and could not attend the duty and employment of that office , or was surprized with a dead palsie , or had not laws sufficient in the county , or lived in the further part thereof so that he could not conveniently execute the said office , or was elected sheriff or a verdurer in a forrest , or that quidam r. who was elected by the sheriff de assensu ejusdem comitatus , was not a knight , as the statutes concerning the making or electing of coroners directed , and had not l . per annum land of freehold , yet the sheriff had elected him into that office , to command the sheriff to chuse another in his place de assensu comitatus qui melius scire & possit ad illus intendere , & quod nomen ejus scire faceret &c. or when a verdurer was adeo languidus & semo confectus as he could not attend the execution of the office , another should be elected in his place de assensu comitatus , & nomen ejus scire faceret . and it is not like to be any disparagement to the judgement or knowledge of any man of the law to acknowledge that the writ of conge de eslire granted by the king to a pryor and covent to elect an abbot , or dean and chapter of a diocess to elect a bishop , when the king hath before hand nominated the man by an especiall clause takes care that he be regno & regi utilis & fidelis , and that after his election and the formality of the election by the dean and chapter dispatched , there is a writ de regio assensu to confirm that election , followed by another to the escheator to restore unto him the temporalities in the form following . rex dilecto & fideli suo j. justiciario suo hiberniae salutem , cum dilecti nobis in christo decanas & capitulum ecclesiae de b. vacante nuper ecclesia sua praedicta per mortem bonae memoriae lucae nuper episcopi loci illius dilectum nobis in christo m. j. decanum ecclesiae predictae in suum episcopum elegerunt & pastorem , & nobis per suas patentes literas : supplicaverunt , ut electioni regium assensum adhibere dignaremur : nos licet idem decanus & capitulum prius a nobis eligendi licentiam non postuleverint , ut est moris , volentes tamen eis hac vice gratiam facere specialem , eidem electioni regium assensum duxerimus adhibendum , nolentes quod , quamvis ipsi hujusmodi licentiam mini ne 〈…〉 runt , molestentur in aliquo seu graventer , volentes insuper eidem electo , ut ipsius parentur laboribus & expensis , gratiam facere uberiorem vobis dedimus potestatem , quod si contingat electionem hujusmodi per loci metropolitanum canonicum confirmari , & vobis inde per literas patentes loci ipsius metropolitam , nobis inde directas constiterit , tunc fidelitatem ipsius electi nobis debitam in hoc parte nostro nomine recipiatis , & ei temporalia episcopatus illius , prout moris est , restitui faciatis vice nostra receptis prius ab episcopo electo literis suis factis sigillo suo , & sigillo capituli sui signatis , quod gratia nostra , quam eidem electo ad praesens ex mera liberalitate nostra fecimus nobis vel haeredibus nostris non cedat in praejudicium , &c. t. &c. and may remember that when the papall clergy were culminated in their highest zenith under the domineering power and insolency of the popes their incouragers and protectors , and so high as upon the vacancy of bishopricks or other dignified ecclesiastick preferments they that sought for those places would hasten to rome , nd get bulls of investiture from the pope upon the kings unwilling recommendation , which though a politick fear had made king henry the . for a time to condiscend unto , yet he was carefull to make the party so preferred to appear at his return before him , either in person , or by proxy , and renounce every clause in the popes letters or bulls that might prove derogatory to his crown and prerogative or the law of the land , and swear fealty , and allegeance unto him , and thereupon writs were ordered to be made out of the chancery for a new election , if none had been before made by the dean and chapter of the diocess , or afterwards for the kings allowance of an election to be made by the dean and chapter and a restitution thereupon of the temporalities . and fitz-herbert a learned judge hath informed us that if a dean and chapter should elect a bishop without the kings assent , and after make a certificate thereof to the king , he may assent thereunto or refuse to do it , if he please , and if he do assent thereunto a speciall writ is to be made to some person to take his fealty and to restore unto him his temporalities in the form aforesaid . and our kings have not only done it in the election of coroners and verdurers , but in matters of an higher nature viz. the election of members of the commons in parliament in the case of sr thomas camois banneret ( which saith mr elsing ) did not , as a baron , antiently use to serve as a member in the house of commons in parliament , as appeareth by the kings writ directed to the sheriff of surrey for a new election in the stead of the said sr thomas camois , wherein the reason is expressed in these words : nos animadvertentes quod hujusmodi banneretti ante haec tempora in milites comitatus ratione alicujus parliamenti minime consueverunt eligi . and was afterwards as a baron summoned into the house of peers in parliament , and the kings servants have likewise had exemtions , as when james barners was discharged quia de retinentia regis , familiaris & unus militum camerae regis . the servants of the queen and prince enjoying also the like priviledges . for the same year there appeareth to have been an exemtion and discharge of thomas morvill , quia est de retinentia charissimae dominae & matris nostrae johannae principissae walliae . a verdurer being chosen in a forrest beyond trent , and the king upon a suggestion made in chancery , that he had not lands and tenements sufficient within the limits of the forrest , nor was resident therein , having caused another de àssensu comitatus to be elected , did upon better information by the justice of that forrest , that he had lands and tenements sufficient , and was fit for the place , supersede the later writ , and commanded that he that was formerly elected should be permitted to execute the said office. in the first year of the reign of king edward the st the king being informed that one matteville having been elected coroner of essex , de assensu comitatus officium praedictum explere non potuit , sent his writ to the sheriff of essex to elect per assensum comitatus , one that should be able to execute that office , with a command to certifie the name of the party to be so elected , which a king that is sui juris and not governed by those he should govern , might surely better do , then a private man who is never denyed the refusall of one elected , that is not fit for the ends and purposes for which he was chosen ; as if a carpenter should by a mistake of a friend or servant , be hired or employed to do the work or business of a farrier ; or a farrier of an apothecary . and it should be no otherwise , when all the laws of the world where right reason and morality have any influence , or any thing to do , have ordained and allowed a retorn or attempt to be given of writs , proces , mandates , or precepts , well or evill executed , unto those that had authority to grant them , and how they had been observed and obeyed ; which was the only reason , end and design , of such retornes and attempts to be given thereof . in the yearly nomination and appointment of sheriffs of the counties of england and wales , the judges of the severall circuits do elect six whom they think fit to be sheriffs for every county , which upon consideration had by the lord chancellor , or keeper of the great seal of england , lord treasurer , diverse of the lords of the kings privy-counsell , some officers of his household , and the aforesaid justices , being reduced to three for every county , their names are to be presented to the king , who chooseth one for every county , who is afterwards sworn and made sheriffs by his letters-patents ( the former being discharged ) and not seldom upon better information given to the king , altered , and another named by him , the mayor and sheriffs of london , and the mayor of oxford being elected , according to their charters , are to be yearly presented and sworn before his barons of the exchecquer , before they can execute or intermeddle in their offices , and a sheriff hath some hundred years ago been amerced and in misericordia quia retornavit & elegit alios quam milites in brevi de assiza . and with the same reason , and rule of justice , it hath been done in the undue and illegall elections of some members of the house of commons in parliament , upon complaint made , by remedies provided in the th year of the reign of king edward the third , as may be evidenced by the view and consideration of the records ensuing in these words , viz : rex vicecomiti lanc. salutem , quia super electione facta de militibus pro communitate com. praedict . pro ultimo parliamento nostro in com. praedict . venientibus maxima alteratio facta existit , nos ea de causa volentes super electione praedicta plemius certiorari tibi praecipimus quod habita in pleno com. tuo super electione praedict . cum militibus & allis probis hominibus de communitate dict . com. de liberatione & informatione diligentibus utrum viz. edwardus laurence & mathaeus de risheton qui in brevi nostro de parliamento praedicto tibi directo retornati fuerunt pro militibus dicti com. electi fuerint an alii , & si per deliberationem & informationem hujusmodi inveneris ipsos de communi assensu totius com. pro militibus dicti com. electos fuisse tunc habere facias eisdem edwardo & matheo decem & octo libras & duodecem solid . pro expensis suis veniendi ad parliamentum praedict . ibidem morando , & ex inde ad propria redeundo , viz. pro quadraginta & septem diebus utroque praedictorum edwardi & laurentii capiente per diem quatuor solidos , & si alii pro militibus ejusdem com. electi fuerint tunc nos de nominibus eorum sub sigillo tuo in cancellaria nostra reddas certiores hoc breve nobis remittens teste rege decimo septimo die novembris . per ipsum regem . but it seems that took no effect , for mr pryn in his marginall note saith , that they made no retorn as they ought to have done ( so early did the design of a factious popularity to provide for themselves , begin to take root , by the calling of an intended elected part of the common people of england into the great councell thereof ) as the tenor of the subjoyned writ will manifest in the form ensuing , viz. rex dilectis & fidelibus suis godfr . foliambe & sociis suis custodibus pacis nostrae in com. lancastr . salutem cum nuper pro eo quod super electionem ( recitando usque redder et nobis certiores ) ac jam intellexerimus quod praedicti edwardus & laurentius qui locum tenentes dict . vic . existunt & retornum brevium nostrorum com. praedict . faciunt breve nostrum praedictum penes se retinent & executionem aliquam inde hactenus facere non curarunt , & nihilominus vadia illa indies levari faciant in nostri deceptionem manifestam nos volentes hujusmodi deceptioni obviare vobis mandamus quod prox . sessione vestra vocatis coram vobis militibus & allis probis hominibus ejusdem com. & aliis quos noveritis evocando diligentem informationem , & inquisitionem super praemissis capiatis & de eo quod in hac parte inveneritis nos in cancellaria nostra sub sigillis vestris aut alicujus vestrum distincte & aperte sine dilatione reddatis certiores hoc breve nobis remittentes t. r. apud westm. per ipsum regem . et mandatum est vic . lanc. quod levationi dictorum vadiorum supersedeat quousque aliud inde de rege habuerit in mandatis t. ut supra . per ipsum regem . upon which mr pryn observeth , that the king in that age , not the house of commons , examined and determined all disputable and undue elections complained of , and ordered that the knights whose elections were unduly made , should not receive their wages or expences , untill the legality of their elections were examined ; and that the king may cause the elections to be examined , by speciall writts to the sheriffs or justices of the peace , in his default , to enquire and certify the legality of their elections by the testimony of their electors or assenters , out of the whole county , and untill full examination supersede the levying of their wages ; and in his plea for the house of lords and peers , saith , that the statute made in the th year of the reign of king henry the th , and the th of king henry the th upon the petitions and complaint of the commons in parliament to the king and lords , which inflicted penalties upon the sheriffs , for making undue elections and retorns , which formerly were arbitrary , at the discretion of the king , and to be tryed ( not by the commons alone without oath upon information as now ) but by the justices assigned to take assizes , and that by enquest and due examination therein , if the sheriff be found guilty , he shall forfeit one hundred pounds to the king ; and the knights unduly retorned , shall lose their wages ( not to be turned out , saith mr pryn , by a committee for privileges of the house of commons ) and that the statutes of . h. . ca. . . h. ca. . . h. . ca. . . h. . ca. . touching the election of knights , citizens , and burgesses to parliament , do not alter the law , or impower the house of commons to determine the legality of any elections , but leave them as before to the king , by the advice of the lords , to redress , as these law-books , viz. dier . . plowden . to . old book of entries . . have resolved , and are not to follow any late arbitrary precedents , but the ancient usage and law of our parliaments , and solid reason , which will not justify those late innovations or extravagancies ; for when men are , ( saith the learned sr robort filmer ) assembled by an humane power , the authority that doth assemble them , can also limit and direct the execution of that power . sect . xx. of the small numbers of knights of the shires and burgesses , which were elected , and came in the reign of king edward the first , upon his aforesaid writs of election ; and how their numbers now amounting unto very many more , were after increased by the corruption of sheriffs , and the ambition of such as desired to be elected . for mr. pryn in his indefatigable and most exact searches of the summons and elections of members of the house of commons in parliament and the return of the sheriff thereupon ( which he himself as well as others might have then thought unnecessary and superfluous yet are now of great use for the discovery of long hidden truths ) hath in all the reigns of king edward . edward the . edward the . richard . henry . king h. . & . and edward the th found no more then . boroughs , cities , and ports either summoned by sheriffs or their precepts or writs to elect or return or actually electing , returning knights , citizens , burgesses , and barons of the cinque ports to attend in parliament , that of those . glastonbury in somersetshire , overton in hantshire , st edmondsbury in suffolk , hoden and richmond in yorkshire had only one precept issued unto them ; odiham precepts , alton and basingstake in hantshire precepts to elect and send burgesses to parliament , upon neither of which they returned any burgesses , as the sheriffes returns of ballivi libertatis nullum dederunt responsum , or nihil inde fecerunt will attest , whereupon they never had any more precepts of that nature sent unto them before the end of king edward 's reign , christchurch only excepted , which of late years hath elected and returned burgesses . so that in truth of those . namely newbury in barkshire , freminton , modbury , south molton in devonshire , bromyard , ledbury , ros in herefordshire , dunster , langeport , monteacute , stoke , cursey , matchet , ware in somersetshire , alesford in the county of southamton , oreford in suffolk , gatton in surrey , alverton , malton , and pontefract in yorkshire , elected and returned burgesses but once , for one single parliament and no more ; mere in wiltshire , and rippon in yorkshire , upon two several precepts made only one election . five more of those antient boroughs , as lidford in cornewall , bradnesham , okehamtam in devonshire , andover in hampshire , woodstoke in oxfordshire , and that of severall precepts the sheriffs returned quod ballivi nullum dederunt responsum ; farneham in surrey , grantham in lincolnshire , and beverley in yorkshire , upon five precepts did but twice elect during the reigns of the aforesaid kings ; and more , to wit , cheping-norton , and dodington in oxfordshire , mulliborne port in somersetshiee , and coventry in warwickshire , made in all the times aforesaid but elections . poole in dorsetshire , webley in herefordshire , witney in oxfordshire , and aixbrugh in somersetshire , upon precepts had but elections , and returns in all those reigns . st albans in hartfordshire , kingston upon thames in surrey , wich in the county of wigorn , and heytesbury in wiltshire , made in all that time but returns and elections of burgesses . five others , viz. honyton and plymouth in devonshire , chard in somersetshlre , seaford in sussex , and wotton basset in wiltshire , but . preston in lancashire , stamford in lincolnshire , hyndon and westbury in wiltshire , but . stortford in hartfordshire , only . and lancaster . during the reigns of the aforesaid kings . some of them having long intervals and discontinuances , for ashperton in devonshire had it's first election in . e. . and it's d not untill . h. . which made above . years , though by the knavery , corruption , and arbitrary power of sheriffs , and the ambitious designs of some that desired to be elected members of the house of commons , and the long after introducing of those of wales , cheshire , durham and new-wark , the number of all the members of that honourable assembly were in mr cromptons time who lived and wrote in the later end of the reign of queen elizabeth , but . since increased to . or thereabouts . during the reign of king edward the st there were but cities and boroughs , besides the cinque ports which elected and sent citizens and burgesses to parliament of which number made only one election and return of burgesses . in the reign of king e. . there were precepts issued by sheriffs for boroughs , viz. great marlow in the county of buck. lescard and lestithiel in cornwall , bradneston in devonshire , melcombe and weymouth in dorsetshire , ravensey and rippon in com. eborum , stortford in hartfordshire , witney in com. oxon , axbrigge chard in somersetshire , lichfield in staffordshire , kingston in surrey , greenested , midhurst in sussex , cricklade , mere , and old sarum in wiltshire , which never elected or returned burgesses before , and two precepts issued out to other new boroughs , viz. dunstable , glastonbury , aulton , and christchurch , which made no elections or returns thereon . under the long reign of king edward the d there were writs or sheriffs precepts directed to new boroughs , and elections made to serve in his parliaments or great councels viz. ely in cambridgeshire for one great councel only , barnstable , dartmouth with hardennesse thereunto annexed , fremington , modbury , tavestock in devonshire , poole in dorsetshire , malden in essex , bromyard , ledbury , ros in herefordshire , barkhamsted in hertfordshire ( botolph in lincolnshire for two great councels only ) dunster , langport , monteacute , stoke , curcy , were , in somersetshire , and new castle under line in staffordshire , besides precepts issued to hodon and richmond two new boroughs in yorkshire , who made no election or return thereupon ; and saith mr pryn , neither of those ever sent citizens or burgesses to parliaments or great councels before that king's reign for ought he could find by records or history . and as for the ports of dover , ro●ney , sandwich , and winchelsey in kent , hastings , hythe , and rye in sussex , there are no original writs of summons found for the election of any of their members during the reigns of king e. . or . in the reigns of king richard the d , henry the th and th , there were no writs or precepts to any new boroughs to send burgesses to parliament . about the middle of the reign of king henry the th , there were only writs and precepts issued out for new boroughs in counties to attend the king in parliament as members in the house of commons , namely , gatton in surrey , heytesbury , hindon , westbury , and wooton basset in com. wilts . during the reign of king edward the th , there was only one new borough , grantham in lincolnshire , who never sent any in the former kings reigns . since which , new boroughs in cornwall namely , camilford , castlelowe , foway , graundpond , st germans , st ives , kelington , st marie's , newport , st michael , portlow , prury , saltash , bosseney , and tregonney with the boroughs of aylesbury and buckingham , in the county of bucks , cockermouth in cumberland , university of cambridge , bearealston , in devonshire , corfe castle in dorsetshire , harwich in essex , alderburgh , boroughbrigge , knaresbrough , thrusko , in com. eborum , cirencester , and tewkesbury in com . gloucester , maidstone , and quinborough in kent , botolph in lincolnshire , ( as to sending burgesses to parliament ) clitheroe , liverpool , wigan in lancashire , westminster in middlesex ( which never sent one burgess to parliament , though many have been holden in it until long after the reign of king edward the th . ) brackley , higham-ferrers , peterborough in northamptonshire , east-recford in nottinghamshire , chester , thetford in norfolk , barwick , morpeth in northumberland , banbury , and the univesity of oxford , in oxfordshire , haslemore in surry , tamworth in staffordshire , bishops-castle , ludlow , wenlock in shropshire , minched in somersetshire , christ-church , lymington , newport , newtown , peterfield , stockbride , whitchurch , yarmouth , st edmondsbury , eye , sudbury in suffolk , beaudly , evesham in the county of worcester , in all . committing the knights , cities , and boroughs of chester , and wales , erected by act of parliament annis . . and . h. . ) are all new and for the most part ( the universities excepted ) very mean , poor , inconfiderable boroughs set up by the returns and corrupt practices of sheriffs , and ambitious gentleman , which will be sufficiently evidenced by the sheriffs frequent returns of nullum dederunt responsum , & non sunt aliae civitates neque burgi in balliva mea or in com . praedict aut non curant mittere , saith a sheriff of northumb. in . e. . or nulli electi ratione belli in . e. . or as in northumb. in the th year of the reign of e. . or as in the th year of the reign of e. . when the sheriff of northumb. returned quod omnes milites de balliva sua non sufficiunt ad defensionem marchiae ; and to the town of newcastle upon tyne quod omnes burgenses villae praedicta non sufficiunt , ad defensionem villae ; in the . e. . the communitatas com. northumb. respondet quod ipsi per inimicos scottae adeo sunt distracti quod non habent unde solvere expedsas duobus militibus proficissuris ad tractatum & concilium apud lincoln tenendum ; and the bayliffs of newcastle upon tyne returned , quod ipsi tam enervantur circa salvam custodiam villae praedictae quod neminem possunt de dicta villa carere . so little were the former ambitions or designs of the gentry or common people of the counties or shires to be members of the house of commons in parliament as knights of the shires or as burgesses of cities or towns corporate , from the th year of the reign of king henry the d , unto the later end of the reign of king henry the th , in the course or circle of time of about . years . but all those the royal cares and condescensions of king edward the st to pacify a discontented part of his people and eradicate a deeply rooted commotion and rebellion did too soon or quickly after the expiration of the aforesaid . years deviate and degenerate from the former intentions and design of those his writs of summons . sect . xxi . who made themselves electors for the choosing of knights of the shires to be members of the house of commons in parliament , after the st year of the reign of king edward the st , contrary to the tenor of his aforesaid writs of summons made in the d year of his reign for the election of knights of the shire and burgesses , to come to the parliaments and great councels of several of our kings and princes afterwards . for so very great was the power , command , and influence of the nobility and dignified clergy , as they could from time to time , as the winds and tydes do usually agitate and blow upon the unruly waves of the ocean , make them lacquey after their good-will and pleasure , and attend their ambitions and advantages , which began but to peep out and c●awl in the later end of the reign of king e. the d , when roger de mortimer earl of march was in a parliament holden in the reign of king edward . accused of treason , and accroaching to himself royal power by procuring certain knights of the shires attending in the house of commons in parliament to give their consent to an aid to the king for his wars in gascoigny , and the humours and interests of the common people were so governed and influenced by the grandeur of the english nobility and principal clergy enticing them thereunto , more by their own respects and desires to please and humour , then by any particular motive or impulse of their own ; as in an election of members for the house of commons in parliament in the th year of the reign of king henry the th the archbishop of york , and sundry earls , barons , and ladies being said to be suitors in the county-court of york , were by their attorneys the sole electors of the knights of the shire of that county ; namely by william holgate attorny for ralph earl of westmorland ; william de killington for lucy countess of kent ; william hesham for the lord peter de malo lacu , william de barton for william lord roos , robert de evedale for the baron of graistock ; william de feston for alexander de metham ; chivaler , and henry de preston , for henry de percy chivaler ( who was then a baron ) earles and barons in those times being well contented to make use of that then no disparaging title ) sectatorum communium com . no other electors being then named in the indentures betwixt the sheriff and the county of york upon that election ; and in the d year of king henry the th with little variation , except for the persons for whom the electors were attorneys ; as namely in yorkshire , william mauleverer attorney for henry archbishop of york , william feutores for ralph earl of westmorland , william archer for john earl - marshal , william rillington for henry le scrop chivaler , domino de masham , william heshum for peter de malo lacu , william postham for alexander de metham chivaler , william housam for robert roos , robert barry for margaret the wife of henry vavasour chivaler , and robert davinson attorney for henry percy sectatorum communium pro com . eborum . ( no other suitors or electors being in that election and sheriffs indenture then mentioned ) the like upon writs for election of knights issued to the sheriffs of yorkshire , were found by indentures hereupon . and in annis . and . h. . and in . . . . and . henry . the attorneys only of nobles , barons , lords , ladies , and knights were made the suitors who made the election of the knights of yorkshire , and sealed the indentures untill . of king henry . when that undue course and way ceased , and the election and indentures were made by the freeholders ; and being elected were not at that instant enabled by them , or at any time after , to act or do any thing otherwise then according to the intent , tenor and purport of their said writs of elections , untill some farther requisites were to be by them performed and done , in order to the trusts reposed in them by their king and fellow-subjects . sect . xxii . of the actions and other requisites by the law to be done by those that are or shall be elected knights , citizens , and burgesses , to attend our king in their great councells or parliaments , precedent and preparatory to their admission therein . for the sheriffs and people of the counties were at the first so punctuall in the due performance of their kings aforesaid writs and mandates , in all and every the clauses and particnlars thereof , and so carefull in their elections of such as were to be trusted by and for them , in affairs of so high and more then ordinary concernment , as the states well-being , and defence of the king , the church , the kingdom , themselves and their posterities , not only for their personal appearance , but performance of the trust reposed in them , and not to do less or more , too short or beyond the bounds of their commissions or authority granted by the king , as they that were elected were constrained at the same time to give pledges and main-pernors , and sometimes four securities , but never under two , that they should not omitt what was commanded by the tenor of those writs ; insomuch as in the th year of the reign of king edward the first , john de chetwood and william de samtresden being elected knights of the shire for the county of buckingham , gave four manucaptors , and the like did robert de hoo , and roger de brien elected knights of the shire in the same year for the county of bedford , and in that year andrew trolesks and hugh de ferrers elected knights of the shire for the county of devon , were districti per terras & catalla quia pleg . invenire noluerunt . and in anno . e. . a sheriff of gloucester ( bristow at that time being neither city or county ) made his return on the dorse of the writ of summons , that the custos libertatis villae bristol respond . quod elegi fec . robertum wildemersh & thomam l'espicer ad essend . ad parliamentum apud westminster , in octavis sancti hillarii qui manucaptores ad essendi ad diem & locum praedictos invenire recusarunt per quod propter eorum vim , malitiam , & resistentiam & executione istius mandati ulterius facienda intromittere non potuit . and a writ appeareth in that year to have been returned for the county of midd. that william de brooks and richard le rous milites electi fuerunt per communitatem comitatus praedict . essendi coram concilio domini regis ad diem & locum in brevi content . qui potestatem habent ad faciend . quod de eodem concilio secundum brevis tenorem ordinabitur , after which followed the names of their manucaptors or sureties , and was a caution in those times believed to be so necessary as in the th year of the reign of king edward d , when thomas gamel one of the citizens of lincoln being returned with manucaptors , a burgess for the parliament , and not vouchsafing to attend the mayor and commonalty of lincoln , they elected alain de hodolston in his place , and desired sr william ermyn then keeper of the great seal , that he being so elected by them , might be received with the other citizen first elected with gamel as their busgess for that parliament ; and sent that their certificate and return under their city-seal affixed to the writ of election , that very ancient and necessary usage of giving manucaptors upon parliamentary elections being used in all the returns of the writs of election , for the election of knights , citizens and burgesses from the st year of the reign of king e. . during the residue of his reign ( for before no manucaptors or pledges for knights or burgesses elected to come to parliament were given in for those knights that were elected in anno . h . for the county of york ) and from thence during the reign of king e. . e. . r. . h. . and . and thence until after the . of king henry . and had after their elections actuall and formall indentures , or instruments of procuration mutually signed and sealed by the sheriff and the electors or assentors and elected , which were with the writs of election returned and filed amongst the records of the king in his chancery , having their procurations or powers inserted in the perclose of the indenture made betwixt the sheriff and the electors ( some being named instead of many ) dante 's & concedentes eisdem ( the parties elected ) plenam & sufficientem potestatem pro se & communitate praedict . ad faciend . & consentiend . iis quae tunc & ibidem de communi concilio regni domini regis , favente domino , ordinari contigerint super negotiis in dicto brevi specificat , and notwithstanding their election and one part of the indenture with the procuration therein returned with the writ to the king in his chancery were not accompted members of the house of commons in parliament untill their admittance by the kings allowance and authority as it was upon a great debate adjudged in the elizabeth in the house of commons in parliament in the case of fits-herbert , in which the two eminent lawyers anderson and coke afterwards successively lord chief justices of the court of common pleas were as members personally present , and in a parliament holden in the year of the reign of king edward . the king was angry that the convocation of the clergy appeared not , and charged the archbishop of canterbury to punish them for their defaults , and said he would do the like to the parliament ; in the year of the reign of king richard . members elected were by an act of parliament to appear upon summons or be amerced or otherwise punished according as of old times hath been used to be done in the said case , unless they may reasonably and honestly excuse them to the king , and in st and d philip and mary of the members of the house of commons saith sr edward coke , ( whereof mr edmond plowdon the famous lawyer was one , who pleaded that he was continually present at that parliament , and traversed that he did not from thence depart in contempt of the king and queen , and of the said court ) had an information exhibited against them by the aforesaid king and queen for not appearing in parliament according as they were summoned , cannot be admitted in the house of commons in parliament before they shall have taken the oaths of allegeance and supremacy before the lord steward of the king's houshold , or his deputy under a forfeiture or penalty , nor depart from the parliament without license , and when admitted are petitioners for license to choose and present their speaker to the king who in their behalf prayeth to be allowed access to his majesty , freedom of speech and from arrest of themselves and their menial servants during the time of their attendance , have wages allowed them by the king to be paid by their commonalties in eundo , morando , & redeundo according to longer or shorter distances or abode , their speaker being by the king also allowed five pounds per diem besides other perquisites appertaining to his place , are but petitioners , have receivers and tryers of their petitions assigned by the king , or by the lord chancelour de per liu ; and days were seldom prefixt and limited for exhibiting of them which were many times rejected with a non est petitio parliamenti endorsed , for that it was more proper for inferior courts and sometimes for their hast or importance of the king's affairs were ordered to be answered in chancery , are no court of judicature or record , were not accustomed to draw or frame acts of parliament which they assent unto , but leave them to be formed by the judges and the king 's learned councel at law and not seldom after parliaments ended , most of the former acts of parliament being drawn and framed upon petitions or specifying to be at the request of the lords and commons , or of the commons only , or that the king willed , commanded , prohibited , provided or ordained ; can make no proxies , and are but a grand enquest of the kingdom ; are not authorized to give or administer any oath , never did or are to do it , but are to send such witnesses as are to be sworn to take their oaths in the house of peers , and the members of the house of commons or their speaker jointly or severally cannot administer an oath unto any of their fellow members or any of the commons whom they would represent , for that would be to administer it unto themselves which juries and men impanelled in enquests are never permitted to do but are to receive their oaths from a superior authority , and none but the king or such as have been commissionated by him are impowred to give oaths , which hath allways put a necessity upon the house of commons when any witnesses are to be examined before them to produce and send them first to be sworn and take their oaths in the house of lords ; and they cannot adjourn or prorogue without the king 's special order and command , nor were ever summoned by themselves legally to come to parliament without the lords spiritual and temporal , but as to their meeting and continuance were to follow their king in his house of lords , as the moon and the stars ( those common people of the sky ) do the sun ; could not punish heretofore an offence or delinquency against themselves or any of their members without an order first obtained from the king or his lord chancellor ; have sometimes petitioned the lords in parliament to intercede with the king to remit his displeasure conceived against them ; in the times of henry the few petitions were directed to the king and his councel , some were to the king alone , and some to the lords alone , and some to the commons only , saith mr. elsing ; and if they were petitions of grace , the commons only wrote thereupon soit baile as seigneurs & per les a roy , or soit per le a roy , per les seimurs & the other were sent up to the lords without any directions , & the judges & the kings learned councel in the law prepared all answers to the petitions of the commons ; all petitions directed to the king were to be considered by the judges and his councel at law , and by them prepared for the lords , if need were by the commons , who sometimes petitioned the king that some of the lords might be sent to confert with them ; at all their conferences with them do stand uncovered , whilst the lords dosit covered , & when any of their members are by the king's grace and favour created barons or earls and called into the house of peers , are to receive others to be elected in their places , cannot of or by themselves redress undue elections , could not go home without licence of the king , nor have their wages levied and paid by their countrys without his order and writs . and being with those requisites and precautions come unto the parliament to do and consent unto such things as by the king and the lords spirituall and temporall should be in parliament ordained , did not certainly sit in one room , chamber , or place together . but whither they did sit in one and the same house or place , or not , will but little contribute to the extravagant fancies of our now state-moulders . sect . xxiii . that the members of the house of commons being elected and come to the parliament as aforesaid did not by virtue of those writs of election sit together with the king and the lords spirituall and temporall in one and the same room or place ; and that if any such thing were as it never was or is likely to be proved , it cannot conclude or inferr that they were or are cor-ordinate or had or have an equall power in their suffrages and decisions . which they may dream of from the beginning of the world unto the end thereof and never be able to evidence , and if it had been so , will be such an ill shaped argument that the members of the house of commons in parliament are thereby to be believed to be co-ordinate with the king and house of peers , or superior unto either of them as any one that was but within a little of a madman would be ashamed to propound or put it to the decision of the over-circumspect inhabitants of gotham . for who but such disciples or proselites can find the way to imagine or believe that when king william rufus dined at his marble table where the court of king's-hencb now sitteth in his large westminster-hall , and his nobility and many of his court attendants sat at their meat at their many lower table in the same hall , could perswade themselves or others to suppose an equality in degrees and power , or that the king because they did all sit but in one room or house was no more then co-ordinate with them . for in the grand feasts of the inns of courts , houses , colleges , or societies , for the study of our law , the judges , benchers , barristers , and utter barristers are not so ill used as to be in danger of any the like argument , because one common hall or room contained them all ; and the honor of the king or his privy councel are not diminished because there are greater or lesser degrees amongst them sitting in one and the same councell chamber . howsoever if they will keep their words and promise to acquiesce in proofs that are negative to what they are so willing to affirm , and should be sufficient to convince their insane conclusions , they need not want them when mr pryn and many good anthors will give us large and abundant evidences to manifest the errors of such their fond and reasonless assertions . for in the very many councels or parliaments of our kings reckoned by mr pryn from anno domini . unto the st year of king john there were no knights , citizens , or burgesses for the commons , as he positively and confidently affirmed either summoned elected to those many councells or parliaments , or present at any of them , and being not there at all there needs not to have been any question or controversy whether they sate in one house or room together . and when king john in the th year of his reign at the meeting and rebellious convention at running-mede of some of his unruly baronage ( which some of the liberty coyners would imagine to be a parliament ) where those barons were in the head of a mighty army of their own party , and the king had but a very few unarmed attendants with him ; mathew paris saith , they did in that conference or treaty for a peace seorsim considere , and notwithstanding that sr edward coke hath without any good warrant averred that the lords and commons in parliament sate together , and that the surest mark of the division of both houses , was when the house of commons had at the first a continual speaker which he mistakenly refers to ro. parl. . e. . m. . wherein a loyal learned gentleman hath● against his will by misinformation been led into an error that our three estates the king excepted ( as they have been sometimes and but sometimes called in our records ) state together , and that our records bear witness that they according to the french custom have sate in one ( house or room ) that is to say the lords spirituall and temporall within the barrand the commons without , for mr pryn in his animadversions upon that and other of his errors , saith , that the king's writs to summon the prelates and peers interesse nobiscum & cum caeteris praelatis , magnatibus , & proceribus regni sui ( did not intend the commons , knights , or burgesses , ) tractaturi vestrumque concilium impensuri neither did in all probability direct or intend that the commons should joyn or sit with them as both the writs and practice have ever since evidenced , and that all that that roll of . e. . doth import , is but that the commons came to the lords house and had sometimes conference with them , but that they sate or debated together is no way proved , but contsadicted by many parliament rolls as parl. . e. . nu. . compared with nu. . e. . si aleront mesme les praelats & procurators de clergy par eux mesmes & les ditz counties , barons , & grauntz par eux mesmes whose report being drawn up and then read before the king & les prelatz chivalers de counties & les gentz des commun furent pleysantz a eux touz & par nostre seigneur le roy , prelatz , countes , barons , & autres grauntz & auxuit par les chivalers des countes & gentz des commun furent pleinement assentuz & accordez at a parliament in the th year of the said king he requiring the advice of his parliament touching the french affairs and his voyage thither , they treated and deliberated c'est assavoir les prelatz par eux mesmes & les ditz countes , barones , & autres grauntz par eux mesmes & auxuit les chivalers des countes par eux mesmes , and then gave their advice so in the parliament reassembled at york in the utas of st hillary , in the same year the prelates , earls , barons , and great men by themselves et les chevalers des countes & gentz des communs par eux mesmes treated of the business propounded unto them ; and in the parliament holden at york the fryday before st michael in the same year , as q'eux prelatz ove le clergie par eux mesmes & les counties & barons par eux mesmes chivalers & gentz des countes & gentz de la commun par eux mesmes , en treteront & imparterent temps . vendredi prochein suont , & mesmes le vendredi en plein parlement les prelatz par eux mesmes les countes , & barons par eux mesmes , & les chivalers des countes par eux mesmes , & puis toutz en commun responderont ; and the like we read of the prelats , earls , barons and great men eux mesmes chivalers & gentz des countes of the knights , citizens , and burgesses and commons separate consultations by themselves , and their several answers to the articles and businesses propounded to them in the parliaments of . e. . n. . . . part . n. . to . . e. . n. . . . e. . n. . . . . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . & ro. parl. . & . when the commons had a speaker and departed to their accustomed place in the chapter-house of the abby of westminster . and ●aith sr william dugdale at the parliament holden at gloucester in anno domini . in the reign of king richard the d , in refectorio de armorum legibus tractabatur aulae autem hospitium communi parliamento erat deputata . porro in camera hospitii , quae camera regis propter ejus pulchritudinem antiquitus vocata est concilium secretum inter magnates versabatur ac in domo capitulari concilium commune . in the said kings reign the knights and burgesses were called by name in presence of the king. in the great alterations betwixt the lords and commons and king henry the th in the th year of his reign , and a pacification and endeavour to reconcile the lords and commons , the king sent unto the commons to come before him and the lords . in a parliament holden the th year of his reign the commons of parliament were called at the door of the painted chamber in the kings palace of westminster , and came , which shews that they did not usually sit there . in the . of king henry the . the duke of suffolk then lord steward commanded the clerk of the parliament to call the names of the house of commons , unto which every one answered , being all in the upper house , below the barr , and then the king came . nor was or is it likely to be within the verge or neighbourhood of any truth or reason , that such an inferior sort of men as some citizens and burgesses to be elected out of so many citys and boroughs , as those enforced writs of elections in anno . h. . designed , when the nobility , and gentry , and the laws of those times , not only held but believed it to be a disparagement to a whole kindred to marry with the daughters of burgesses , who might be understood to be either their tenants , or dependents , should presume or be allowed to sit in one and the same chamber , room , or place with their king , sitting in his throne or chair of estate , encompassed with his more noble and greatest councell , the lords spirituall , and temporal , the peers in parliament , where none but the peers themselves and their assistants , are permitted to sit , and do then also sit uncovered , when the civill and caesarian laws , and the laws , and reasonable customes of nations , do so distinguish betwixt the noble and ignoble , as if a gentleman be present , the ignoble or common persons shall arise from their seats , and give diligent heed when he speaks ; and it is a peculiar honor due unto gentry to sit upon benches or seats , and those who are otherwise , are not to take the right hand of them , or the chiefest seats in the company , or to sit next the judge before them , are not to be so much valued in their testimonies ; and more credit ought to be given to the oaths of two gentlemen produced as witnesses , then to a multitude of the vulgar or ignoble persons , & though many and great privileges are and have been in the civill laws given and allowed to the honorable order of knighthood , and that our kings and common laws have given unto them great respects and privileges , which are and have been to these our dreggy and worst of times enjoyed , yet it can be no disparagement to that ever to be esteemed order and degree , to have it affirmed and believed , that it hath been from the th year of the reign of king edward the st . to this our present century , and scarcely slipt out of the memories of aged men , no unusuall thing that many of the knights of the shires and burgesses , elected to be members of the house of commons , have been the secretaries , stewards , feodaries , or domestick servants , reteyners , tenants by knights-service or petit serjeanty , castle-guard , or managers of some part of the lands and estates of the nobility and great men of the kingdom . and as to that which some that are unwilling to submit to the powers of truth and right reason , will be ready to object , that in the . year of the reign of king henry the th , a committee of the lords have come into the house of commons to confer with them , and probably , saith mr elsing , might during the time of that conference sit with them , yet it was but pro hac vice and not constantly or at any other time . and when king james in the th year of his reign was pleased to order the lords and commons to sit in the court of requests , the lords on the right hand by themselves , and the commons on the left , they did then sit distinctly as out of their separate houses to be spectators of the creation of prince henry to be prince of wales , and could be no more an argument for those contrivers who are enforced to pick up any thing that they can imagine may be for their purpose , then that of the fatal over-eager prosecution of the late earle of strafford at the suit & instance of the house of commons upon their unlucky bill of attainder in westminster-hall , whether his late majesty ( afterwards murthered and martyred ) had from their separate and distinct houses for that only business , dislocated and transferred them . sect . xxiv . what the clause in the writs for the election of knights , citizens and burgesses to come unto the parliament , ad faciendum & consentiendum , do properly signify , and were intended by the said writs . of election to be members of the house of commons in parliament . for assensum dare est probari l. . c. de relation . consensus denotat aequalitates sententiarum , cogitationis & voluntatis . and facere duplici modo accipitur , aut pro nudo facto , aut eo quod effectum juris post se relinquit , si nudum est factum , nihil aliud significat quam corporalem effectionem , veluti fossam fodere , romam ire &c. quando autem effectum juris post se relinquit , omnemomnino faciendi causam complectitur , dandi , solvendi , numerandi , judicandi , l. verbum , f. de verb. sign . item reddendi l. . eodem tit . & restituendi quo intellectu pro gerere & reddere accipitur & pro eo quod est tradere l. verbum . f. de verb. elig . l. extat f. quod me cod. ad l. faciend . de verb. sig . hinc facere posse vel non posse in jure civili pro solvendo esse vel non esse sect . pend . de act . . de constit . per l. . sect . . & posse f. de re . consentire est in unam sententiam concurrere l. . f. conventionis . f. de pactis sic accipitur in l. consensu f. de action . & oblig . consentire videtur qui praesens non contradicit l. . in fine gothofred ad l. . in prin . f. consentit item qui non repugnat l. . de spons . consentire dicitur cum duorum voluntates in unam concurrunt utroque approbante & sciente , & consensus proprie non dicitur nisi qui verbis expressus est l. . sect . voluntatem . non qui cogitat aut loquitur proprie dicitur facere , sed agere , cumtamen quicquid fiat etiam agi dicitur . and it neither is or ever was intended that the commons assembled in parliament were to ordain , but to consent unto and obey such things , as their king and sovereign by the councel and advice of the lords spirituall and temporall should ordain . and therefore they will be foully mistaken , and run over head and ears into the grossest of errors , if they shall suffer themselves to be seduced into a groundless opinion that they can , and are to advise the king in the making or repealing of laws , as the lords spirituall and temporall are , or that they are to consider or advise with their sovereigns , or have as great an interest or charge incumbent upon them in the weal publick , and that the giving their assent is to be as a causa efficiens sine qua non . for if they will take the pains to consult our old historians and the grants and charters of our former kings and princes or great men , and the subscriptions thereunto , they will find the assent of all the subscribers , but the donors , to signify no more then approbations , or testimonies of witnesses , of which ingulphus , eadmerus , with mr. seldens annotations thereupon , and his tittles of honours , mathew paris , and sr william dugdales monasticons will afford us plentifull proofs and examples , and it will be beyond the reach of credulity it self that all or any of such subscribers , except the donors , had any proper or just interest of their own thereunto either to promote or hinder it . as in that charter made by witlafius king of the mercians in praesentia dominorum suorum egberti regis west-saxoniae & athel 〈…〉 ulphi filii ejus coram pontificibus , & proceribus majoribus totius angliae in civitate londonia , ubi omnes congregati sumus pro concilio capiendo contra danicos piratas littora angliae assidue infestantes signo sanctae crucis confirmavit ; or in that in anno domini , the grant of great quantities of lands to the abby of croyland attested by ✚ celnothus archiepiscopus cantuariensis consului . ✚ ego euboldus archiepiscopus eboracensis consignavi . ✚ ego osmundus episcopus londinensis collaudavi . ✚ ego helmstanus episcopus wintoniensis assensum praebui . ✚ ego herewicus episcopus lichfieldensis consensi . ✚ ego cedda episcopus herefordensis aspiravi . ✚ ego adelstanus shireburnensis episcopus procuravi . ✚ ego humbrithus helmari episcopus probavi . ✚ ego wilredus dommocensis episcopus annui . ✚ ego herferdus wigornensis episcopus gratum habui . ✚ ego godwinus roffen episcopus favi . ✚ ego hebba abbas de medel hamsted ratificavi . ✚ ego ambertus abbas ripadii interfui . ✚ kincuinus abbas de bardeine astiti . ego egbertus rex west-saxoniae concessi . ✚ ego adelwulphus filius regis west-saxoniae consensum dedi . ✚ ego wulhardus dux affui . ✚ ego athelstanus dux audivi . ✚ ego herenbrithus dux acceptavi . ✚ ego swithinus presbiter regis egberti praesens fui . ✚ ego rosa scriba regis withlas●i manu mea chirographum istud scripsi . and king edgar in his charter and confirmation to the church of glastenbury , using the title of ego edgar divina dispositione rex anglorum caeterarumque gentium in circuitu persistentium gubernator , & rector , viz. dunstano dorobernensi & oswaldo archiepiscopis adhortantibus , consentiente etiam & annuente brithelmo episcopo fontanensi , caeterisque episcopis , abbatibus & prioribus cum sigillo sanctae crucis confirmavit , ealfgina ejusdem regis mater consensit ; ego kennadius rex albaniae adquievi ; followed by the consent of divers abbots , dukes , and servants of king edgar , communi concilio optimatum suorum in the th year of his reign . and the same king founding a colledge or abby near unto winchester church had the consent or approbation of dunstan archbishop of canterbury with a corroboravi of edmond and edward clitones or sons of that king then under age , of alfthryth the queen with a crucem impressi , of eadgifu the kings grandmother with a consolidavi , of oscytil archbishop of york with a confirmavi , of the bishop of winchester with a benedixi , the bishop of london with a consolidavi , osulf bishop confirmavi , oswold bishop consignavi , alfwold bishop consolidavi , byzethtlen bishop confirmavi , alfetan bishop consolidavi , eadelm bishop confirmavi , athulf bishop consignavi , wensige bishop confirmavi , aescwig abbot consolidavi , osgar abbot consignavi , the confirmation of two other abbots and the newly instituted abbot of the foundation of alfhere duke followed by dukes more and ministri or thanes of the king , who as mr selden in his comment thereupon noteth , nempe plerumque ut regius cliens aut minister aulicus fundum eo nomini possidebat , those ages believing that consentientes et facientes pari constringuntur poena , in the hindring or not performance thereof , as in that grant of aethelred anglorum bas●leus of land to the abby of st albans in the year of our lord . said to be assented unto and confirmed by the queen , bishops , abbots , dukes , thanes , or servants of the kings who had no right or intelest in those lands ; and in an original charter of king stephens , by which he gave sutton to the church of winchester in exchange for morden , after the subsigning of divers bishops & earls and some others that were great officers , there were that subscribed with the title of barons . and when aethelbald in the year of the incarnation of our saviour christ , . as his charter mentioneth domino donante rex non solum mercor sum , sed & omnium provinciarum quae generali nomine angli dicuntur , did grant cumberhto . cassatas terrae , cui ab antiquis nomen est indicum husmerat , juxta fluvium ●tur , subscribed with ✚ ego aethelbald rex britaniae propriam donationem confirmavi , subscripsi , ✚ ego unor episcopus consensi , & subscripsi ; ✚ ego unilfridus episcopus ( jubente aethelbaldo rege ) subscripsi ; ✚ ego aethelric subre gulus , atque comes gloriosissimi principis aethelbald , huic donationi consensi & subscripsi ; ✚ ego ibrorsi magnus abbatis consensi & subscripsi ; ✚ ego heardberht frater ( atque dux ) praefati regis consensi & subscripsi ; ✚ ego ebbella consensum accommodans subscripsi ; ✚ ego onec . comes subscripsi ; ✚ ego oba consensi & subscripsi ; ✚ ego sigibrid consensi & subscripsi ; ✚ ego bercot consensi & subscripsi ; ✚ ego ealdoult consensi & subscripsi ; ✚ ego caila consensi & subscripsi ; ✚ ego pedo consensi & subscripsi . and the meer consent of a tenant to his landlords or lords grant by attornment doth not encrease or enlarge his former estate , but is only a consent and agreement unto that grant or as an obliging taking notice thereof : and where an archdeacon , dean and chapter are summoned to parliament act tractandum , they neither did , do , or can claim any other power beyond their obedience to what should be ordained by their superiors . the choice or election of a verdurer in a forrest by the kings writ , doth not make those that did it , the owners thereof ; and the election of a coroner by the like authority to collect and take care of the kings rights and profits , did never yet truly and rationally signify , that the electors were the masters of them ; neither doth the assent of the freeholders in a court-baron or leet , devest the lord of the manor or court-leet of any part of his right , propriety , or jurisdiction therein . for to assent in the aforesaid enforced statute de tallagio non concedendo , without the assent of the prelates , earls , barons and commons of england , viz. that tallage or aid shall be taken , or leavied by the king or his heirs in his realm without the assent of the arch-bishops , bishops , earls , barons , knights , burgesses , and other freemen of the land ; which tallages were the prises ( as walsingham mentioneth ) taken de bobus vaccis , frumentis , bladis & coriis , ( purveyance taken against his preparation for warrs in flanders ) de quibus tota communitas angliae gravabatur , but was never granted and intended , either in words express or tacite , to give either unto the house of peers or commons jointly , or severally , a negative vote , or deniall , or a legislative power , but only to free themselves from those tallages and prises complained of , which had such a force and obligation upon them , and placed in them such a reverence and awfull respect to their king and head , as they did subordinately , not seldom , obtain their kings leters-patents to license , or impower them , talliare tenentes suos de dominico suo . and although the commons in parliament in the year of the reign of king henry the th had in the advantage , which they suppose they might sasely adventure upon in a time of usurpation , assumed and arrogated to themselves a legislative co-ordinate power in the making of laws which other then petitionary as subjects to their king , none of their predecessors before or since the th year of the reign of king henry the . ever had or obtained , untill the last horrid rebellion in . when they would make heedless and headless ordinances instead of statutes or acts of parliament without their king , and would not forsake their madness untill they had murthered that blessed martyr king charles the i. yet the answer of king henry the th to that petition and claim did so manifestly deny to give any allowance thereunto as one of their greatest champions and underminers of our fundamental manarchick laws could afford , without prejudice to his the grounded cause to give posterity , that kings answer thereunto but concealed it as a conviction not to be devulged to their seduced proselites . for in the making of a bishop , wherein the king is acknowledged by the laws of england , truth and right reason , to be the only true and proper cause of making him a bishop , and the impositions of hands by some of the presbyters subservient unto him in his diocess which was but ceremoniall and much less then the ornaments of aarons garments in his multifarious priestly attire , and could never make or ordain him a bishop without the king , or give him livery of the lands appertaining to the bishoprick ; neither doth any law or right reason of any nation or the dictates of holy writ enable any to believe that the assent of the woman or wife in the holy rites of matrimony , could or should ever entitle her unto a command and superiority over her husband , or annihilate the decree of almighty god in the framing and forming of man and woman kind and order of the subservient government of the world. and it would be an engine mathematicall , or contrivance worth the enquiry or finding out , if it could be possible , how to settle or make our most excellently composed monarchick government usefull in its legislative power , if the houses of peers and commons in parliament should disagree who but their king and superior can or could be able to reconcile their discording votes , opinions or resolves . for our records histories annals and national memorialls have never yet found or so much as mentioned any laws statutes or ordinances made in parliament or out , without le roy le voult or his fiat or grant , or the grant and assent of the custos regni or his lieutenant commissionated by him made by an house of peers or commons or party of them as it were in parliament , untill the devil in a religious habit taught it unto the last most horrid of incomparable rebellions , or that any house or number of peers ever did or attempted to do any such thing or matter without the kings le roy le veult fiat assent or ratification , or that of his castos regni or lieutenant commissionated by him , except that which was done by symon montfort and his rebell partners in annis . . henry the against that distressed over powred prince ; when they had taken and kept him a prisoner for more then a year , and by fear and by force issued out writs in his name for an original of an house of commons in parliament , and owned and acted what they would have him , or constrained him to do in his name , and as by his sole authority neither as ego & rex meus or senatus populus quō anglicanus ; neither can the eyes of any far-seeing linx or lynceus , or any perspicuity , clearness or strength of sight , or the greatest of industry search or scrutiny whatsoever of our records or historians , or even of our neighbor nations , find or make any but fools or knaves or criminals of the highest nature believe , that any law was ever made in england or concerning any part of its dominions or teritories without their kings regal assent , will or dictate , untill that house of commons made that most damnable ever to be abhorred wicked vote or order , which they would have called a law , for the murder of k. charles the first , two of the principal contrivers whereof cromwell and bradshaw have since had their carcasses by a just judgment of god thrown and buried under tyburn a common place of execution for theeves and traytors , the worst of criminals and malefactors in mankind ; but lest the over hast of the designs of those that would make a gain thereby should gallop them into errors of no small dangers or mischiess to the publique , they may be pleased to take a little breath , pause and consider the true meaning acceptation and extent of the words constitute convince & colloquium , so often and necessarily used in the writs and mandates of our kings and princes , in summoning or calling a part of their subjects unto their great councels or parliaments . for constituere convenire significat & conveniendo obligat se ad id quod jam debitum est , sic constituere pecuniam est jam ante debitam absque stipulatione promittere theophil . in sect de const . non solum pro alio sed pro seipso quis recte constituat . sect. de constitut . inst . de act . debitum autem oportet esse quod instituitur , constituere possunt qui bona vel peculia habent cum libera administratione gad. l. . & de verb. & res signif . constituimus nudo consensu eoque sufficiente ad actionem producendam sect. . de just act ; constituere in dignitate , munere briss. ex f. & c. constituere quaestionem est decernere ut judicetur constitutio in generali nomine dicitur jus quod a principe conditur theophil . sect. f. de jur . natur . constitutum i. e. decretum , constitutus dies , dies praefinitus lex lengobard si talis causa fuerit quam deliberare minime possit paenas constituat & distringat hominem illum de judiciaria sua i. e. diem constituit lib. . . tit . . and it was the duty and interest of the commons elected to come unto parliament to consent unto such things as the lords of whom they held their lands , and stood in great awe of to gain their loves or avoid their ill-wills should advise , which with their oath of allegeance to the king their superior lord , and their homage and fealty done to the mesne lord , might perswade them to be as unwilling to forfeit their lands as they would be to injure their judgments and consciences . and though in some of the writs for the wages of the commons in parliament assembled , it hath by the mistaking or inadvertency of clerks been sometimes said , that they came and tarried ad consulend . & tractand . yet the tenor and intention of the most part of the writs of election for the commons have been since the st year of the reign of king edward the . as many as almost for every one in the purpose , tenor and commanding part of it , no more then ad faciend . & consentiend , and sometimes ad loquendum , and at another time ad audiendum & faciendum , upon which and no other account they came thither , and were returned as subjects , not king-makers , law-makers , governours , disposers or deposers , and whilst they remained there , or in veniendo & redeundo , and tarried at home , were nor could be no otherwise then subjects . and in that and no other manner certainly did king edward the d understand it , when in a parliament holden by him at westminster in the th year of his reign there had been a great mistaking in the designed manner of levying an aid granted to the king of s. and d. out of every parish of england as hath been before mentioned : upon the examination whereof after the parliament was dismissed , the king and his privy-councel finding that that rate upon every parish would fall much short of the summ intended , and not supply the publique occasions , did by an extraordinary special writ directed to the sheriff of every county , command them to summon only one knight , citizen and burgess of each county , city and borough serving in that parliament , especially named by the king in those writs , to avoid trouble and expences , to appear at a councel to be holden at winchester , to advise how to raise the intended summ of money , and directed the sheriffs to enquire and return the number and names of all the parishes , churches , chappell 's , and prebendaries within their respective counties , in the hands as well of lay-men as of clerks and religious persons , who accordingly meeting in the said councel of winton . which continued sitting but days , as the writ for the knight of southamton expresses , and for sussex , berks , oxon , wilts , only for days , and to others in like proportions , each of those knights , citizens , and burgesses , though they received their expences for going to , tarrying at and returning from the parliament at westminster , which granted that aid to the king , and were specially again summoned to that councell to rectify their great mis-calculation in the aid intended and number of parishes , had their expences by the kings writs allowed unto them for that purpose for repairing to , continuing at , and going home from that councell , and in that and no other sense or manner did the commons in that parliament understand it . neither did the commons in parliament , ( when upon the grant of the lords in parliament in the th year of the reign of that king of the th sheaf of all the corn in their demesnes , except that of their bound tenants , the ●th fleece of wool , and the ● th lamb of their own store to be paid in years . they made answer that they knew and tendred the kings estate , and were ready to aid the same , only in this new device they durst not agree without further conference with their countries , and so praying respite untill another time they promised to travell their countries ) think themselves to be kings or sovereigns over their fellow-subjects , or that they themselves were any other then subjects . and sr edward coke having affirmed it to have been as it were a law or custom of parliament , hath likewise informed us that in the year of the reign of that king , it being declared to the parliament by the arch-bishop of canterbury , that in a treaty between the kings councel and david le bruce of scotland , the last offer of the said david was , that he was willing to have ( so as he might freely enjoy to him in fee ) the whole realm of scotland without any subjection , or any other thing which might be accompted a perpetuall charge , concerning which the lords and commons being willed to give their advice made severall answers , that they could not assent to any such peace or any thing in parliament that tendeth to the disherison of the king and his crown whereunto they were sworn . for that which in all governments begot the frequency of the use of the word , assent , more especially with many of our kings and princes in their laws , rescripts , charters and edicts , proceeding from a design and desire only of complacency to win , engage and continue the love and affections of their subjects , and perswade them to a more willing obedience and better liking of what they had before given their assent unto , in the framing or contrivance of any laws , orders , or reglements , which might produce a custom not easily to be abandoned or forsaken . there being no greater ties or obligations imaginable upon mankind next to the fear and obedience to the divine laws , then interest , self-preservation , and publick good , and the dangers and mischiefs , which might and too often do ensue by the neglect of any or all of them . or if the commons writs to attend in parliament or their sovereigns great councells ad faciendum & consentiendum , had been , as they neither were or ought to be , ad consulend . & tract . super arduis , it was not super omnibus sed de quibusdam , that could not ex vi termini or the intent of their sovereign , or by any common or rationall intendment of any other , be understood to give them an authority over their king that desired their advice , nor operate any thing to furnish them with a power which they could not claim , or to release or discharge their duty and allegiance ; nor should transport their actions beyond the energy in either the mandate or procurations , for if it should , the multitude of counsellors which solomon accounted to be a safety , would be as so many masters o● dangers , and there can be nothing in the words ad faciendum & consentiendum , or the sometimes misclerkled or misapplyed words consulendum , tractandum , ordinandum , or in those at other times used words or expressions ad audiendum vel loquendum in the use , right , or genuine acceptation , intendment , signification , true etymology or common construction of either , or any of these words , jointly or severally to make them aequalls ; comptrollers , or masters of their sovereigns , for though good councell be as the eyes , ears and common senses to a prince or magistrate , yet it could never claim to be the soul or reason of them . for concilium by festus is derived a consulendo vel quod in unam sententiam plurium mentes conciliant , and consiliarius is no more then suasor , consultor , consulere veneranda antiquitate fuit judicare , de utili & honesto decernere : concilium & mandatum in hoc differunt quod mandatum species quaedam est imperii quod pro societate generis humani receptum est ut quod cuique negotium datum est id mandatoris periculo conficiatur . concilium autem ab imperio alienum est , nec ullam voluntatis ejus qui consultum dat significationem habet , itaque ejus consultoris arbitrio permittit , nec utrum fiet nec ne laborat itaque ex concilio nulla nascitur obligatio , ex mandato nascitur . l. . in fin . & l. . f. & l. consil . de regul . juris . tractare est discutere , agere vel deliberare seu disserere ; sic tractare in jus l. . f. . l. jul. de adult . ad tractandum id est agendum seu colloquendum l. . f. ad l. jul. de adult . tractatus pro questione & articul . in l. . in pr. & f. pro f. de prescr . verb. l. ult . f. ordo est dispositio recta antecedentium & consequentium scilicet quodque ordine suo loco collocantus . loqui hi dicuntur qui cum quodam judicio vocem proferunt atque singula ordine collocant vel sensus aliquos verborum de reg . juris l. . & . f. rem puplic . mando saith martinius signifieth gerendum procurandumve , aliquid committo ut imperiionus impono , jubeo , volo , necessario fieri est autem mandare alicui personae gerendum , aliquid exequendumque committere , mandatum est conventio qua is qui rogatur procuratoris animo id se recepit gratuito daturum facturumve , mandamus libero homini , villico , aut servo imperamus mandata appellantur praecepta principum quae praesidibus provinciae profiscientibus dabantur quibus omnis eorum potestas continebatur , l. . & leg . . f. de offic. l. . in fine & l. . f. de jnre proconsul . and colloquium is no more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to talk or confer together . bracton calleth the parliament magna curia , & communis reipublicae sponsio , and in the beginning of his book writeth in this manner , lex vigorem babet , quicquid de concilio & consensi magnatum & reipublicae communi sponsione , authoritate regis sive principis praecedente juste fuerit definitum & approbatum ; the register of writs in the writs of wast & cessavit stileth it commune concilium regni , henry of huntington termeth it magnum placitum , when speaking of a parliament he doth it in these words , fuit in nativitate sanctae mariae magnum placitum apud northampton , in quo congregatis omnibus principibus angliae deliberatum est quod filia sua rediretur viro suo comiti andegaviae . ordinare i. e. judicium , causa , res , l. . l. . & ordinare postrema vel suprema judicia l. . c. de testam , which the commons cannot claim , when by their writs they are elected , only ad faciendum & consentiendum iis , which the king by the advice of the lords spiritual and temporal should ordain , & facere absolute est facere judicium & suffragium dicitur vox illa qua unusquisque declarat suam voluntatem , et pro auxilio accipitur , et suffragium dicitur proprie acclino deinde per metaph. assentio , foveo , auxilior , et significat succurrere , auxilium dare , et voces quae dicebantur in comitiis cannot be understood to make every vote or opinion , which is but recens & imbecilla assensio , to have the force of a law : et opinio quod incerta est is not to be esteemed either as a law , or any thing more then an embrio , or something more then a wish or desire ; and if it grow not up into a law , is to return into a vote , only with quid enim nisi vota supersunt , and must not claim to be a law , when it hath got but a third part , or the smaller of the way unto it , and should not adventure to enforce as many as they can to believe a vote of the house of commons in parliament to be a law like that which hath been said of the laws of the medes and persians ( who are now and long have been under an arbitrary government ) irrevocable , when as the commons in parliament have been from the first originall or beginning of it in the th year of the reign of king henry the . and for many ages past , and are and should be no more then ( as sr edward coke saith ) a grand enquest , as men that were most cognisant , that best knew the grievances of their countries with what might be their proper remedies , and their abilities or disabilities to aid their sovereign , and assist the publick good , being the truest , most intelligent and most considerate judges of their own interest , and the right and only use of their being elected appeareth by the use and reason thereof to be no other in parliaments then informers of grievances , and are to be petitioners for laws or remedies . when it is judicis officium , that is to say , the suprema potestas , which in england was never yet proved or rightly understood to reside in the people or any other then the king ; and in valde dubiis opinionibus in quibus non appareat quae sit magis communis rationes quae ex utraque parte efficaces adducuntur trutinare & non est dubitare de iis quae lege vel apertaratione monstrantur qua propter opinio quaelibet contralegem & veram rationem & vana est . and if any should be so wild or gone out of their reason as to endeavour to make an assent to be aequivalent , or as much as an innate authority , or any effect of a superiority , or so much as a resemblance thereof , they may as well undertake to assert that the prelates , earls , barons , and commonalty of engl. had power to create edward the black-prince , son and heir apparent of king edward the d prince of wales , and to give him the principality thereof , because that great and victorious king in the th year of his reign , did grant it unto him , concilio et concensu praelatorum comitum & baronum & communitatum regni sui ( non suorum ) angliae in generali parliamento ; when in the preamble thereof , he declared , that he did it de serenitate regalis praeeminencia , and the commons in parliament in the th year of the reign of that king , after that the archbishop of canterbury had spoken much in the commendation of richard de burdeaux , son and heir of edward late prince of wales , son and heir apparent of the realm , did with one voice pray the lords ( so ignorant were they then of their own supposed co-ordination and so over-valuing the power of the lords ) that they would make him prince of wales as his father was . who answered , that it lay not in them but in the king so to do , but promised to be mediators for him . so as they who would pretend to such a large representation of the people , are to remember , that they can give no power but such as they are themselves justly and by law entitled unto as subjects , obeying in their elections the words , intention , and true meaning of their sovereign , who did cause them to be elected to come unto his parliament , with a consenting , performing and obeying power only , but not an equall , coordinate or superior ; and that it hath been a ruled and allowed case thorough all the nations of the world , and the ages thereof , that nemo plus juris dare potest quam in se ipso habet . and however that prudent prince king edward the st . did ( for the avoiding of some troubles which a remnant of his and his fathers unquiet barons would have put upon him and his people , whom he was bound to protect , ) condescend to that act of parliament , that no tallage or aid should be granted , without the consent of the archbishops , bishops , earls and barons , knights , citizens , burgesses and freeholders of the land , put himself and them under the frailty of the good and kind will and intentions of a part of his subjects , yet he could not find either any cause or reason to doubt or suspect , that they or any of their posterity should so little follow the conduct or manage of their understanding , the care of their self-preservation , and the prevention of the ruine of their private in the publick , as not to submit to that known , and almost every where approved rule or aphorisme of wisdom , that publica privatis anteponenda sunt , and that of the poet , tunc tuares agitur paries cum proximus ardet . or that any , if not an enemy to himself , his posterity and his country , as much as a traytor to his king , would in a case of publick necessity , when every man was as greatly concerned to defend themselues , their king , country and posterities , by a giving giving a timely aid and assistance , ai if it had been pro aris & focis , and hannibal had been at porta's , have been either forward or backward to gard and relieve themselves , their king and country and not make hast to imitate the romans , ( who at other times factious and seditions enough ) would not suffer the more prudent fabious the preserver of his and their country , even in the mioest of their discontents and murmurings that he made no more hast to fight and beat the enemy , to want their help , either with men or money . when as bornitius saith , quicquid boni homo civisque habet & possidet quod vivit , & libere vivit , quod bene , quod beate , omniumque rerum & bonorum usu & interdum etiam copia ad voluptatem utitur . fruitur , totum hoc beneficium reipublicae civilique ordini acceptum est reserendum and that omnis homo & res singularum in republica conservari nequeant nifi conservetur respub . sive communis adeoque singuli sui causa impendere videntur qnicquid conferunt in publicum usum . and st chrysostome was of the same opinion when he said , that ab antiquis temporibus communi omnium sententia principes a nobis sustinere , debere visum est ob id quod sua ipsorum negligentes communes res curare universumque suum otium adeo impendunt quibus non solum ipsi , sed quae nostra sunt , salvantur . and zechius saith , regi competunt ratione excellentiae ejus dignitatis quae regalia dicuntur , and that multa adjumenta sunt ei necessaria ut dominium totum & externa tueri valeat . with whom accordeth bodin , informing us , that sine majestatis contemptu fieri non potest , ea res enim peregrinos ad principem aspernandum & subditos ad deficiendum excitare consuevit . for surely it was never rightly understood that their membership of the house of commons in parliaments did abridge or lessen the superiority of their sovereign , as may be evidenced by the procedures and affairs of all the parliaments of england , from the beginning of their admission thereunto untill the late unhappy distempers thereof . it having been by long experience tried and found to be in government a policy as successfull as prudentiall , to gain in the making of laws the approbation and good-liking as much as may be of those that are to obey and be guided by them , to the end that they may the more easily take effect & be put in execution , and that all occasions of envy , dislike , hatred and calumny , might be taken from the prince and his ministers of state , which advised or promoted them ; which ( as zanzini di recanati hath reported ) was a custom and usage of our neighbours the french , in and since the reign of their charlemayn , and the succeeding kings untill the reigns of some of their later kings and princes . which could not be without some variations in the writs of our kings and princes summoning or calling some of their subjects their great councels or parliaments , which may be fully evidenced . sect . xxv . of the many variations and alterations of our kings writs of summons to their great councels or parliaments , excluding some and taking in others to be assistant in that high and honourable court , with its resummons , revisions , drawing of acts of parliament or statutes by the judges or the kings learned councel in the laws and other requisites therein , necessarily used by the sole and individual authority of our kings and princes . for in the . or . e. . the sheriffs were authorised to elect citizens and burgesses , which they have since used to do by their precepts to the mayors , bayliffs &c. the writ for the city of london , anno . e. . was to elect two citizens ; another in , for ; . e. . for ; . e. . no more ; anno . e. to elect ; and had usually elected , and returned or citizens to serve in parliament upon sundry writs requiring them only to elect two , as in annis . . . and . e. . annis . . . . . . . . , e. . and mr pryn's opinion was that such kind of elections were made good and effectual only by the subsequent allowances of our kings unto whom all those returns were made , and who in those times determined all the rights of elections and numbers of the knights , citizens , and burgesses to be elected . and heretofore burgesses only of every borough in dorsetshire by assent of the rest elected and returned their burgesses in the county courts on the day of the knights election all by one joint indenture , and so continued to do not only in . . . . h. . . and . h. . but after the statute of . henry . as the indenture of . of henry . doth attest . in . e. . no judges appear to have been summoned to that parliament . nor to another in the same year . divers of the writs of summons in the reigns of edward . e. . e. . did specify the causes of summoning the parliament , but for the most part they were generall , as at this day , and none speciall after the th year of the reign of richard . the parliament being prorogued , for that the king could not be present the same day , new writs of summons have been antiently sent forth , and another day appointed as in . e. . . e. . . e. . edward the first in the thirty third year of his reign having summoned a parliament to meet at westminster die martis in quindena purificationis beatae mariae virginis proximo pro quibusdam negotiis regnum suum angliae nec non & stabilimentum terrae suae scotiae directing his writ to edward prince of wales his son , & aliis magnatibus & proceribus regni sui to be there tractatur , & concilium suum impensur . did the d day of that january direct other writs unto them , declaring that at that day propter aliqua impedimenta legittima postmodum a latere emergentia ibidem commode interesse non possumus quod nos taedet vobis mandamus quod die dominica proxima post festum sancti mathei apostoli proximo futuri ibidem personaliter intersitis nobiscum super dictis negotiis tractaturi & hoc nullate 〈…〉 s omittátis . and in the same year added a clause in the later end of his writ of summons , et habeas ibi nomina praedictorum militum civium et burgensium et hoc breve & scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem volumus primo die parliamenti personaliter interesse per quod nolumus nec intendimus aliquem ad dictum parliamentum summonitum quod eodem primo die personaliter non inter sit habere ullo modo excusatum , &c. in the th year of his reign summoned the earls and barons to come to a parliament ad tractandum de & super auxilio ad edwardum primogenitum filium regis militem faciendum . in the year of his reign having summoned a parliament to be holden at caerlisle in octabis sancti hillarii in expectation that petrus sabinensis episcopus a cardinal of the church of rome and a legate of the popes , whose predecessor or himself had been a great agent against him and his father for the pope , the kings of france and the unquiet part of the baronage ( in the sad afflictions of the crown ) would be there against that time . et idem cardinalis came not to him to carlisle untill the sunday after mid-lent called passion sunday , quae nunc instat did afterwards , the d of february then next following , send his writ to thomas earl of lancaster his nephew a man of great power and estate , and a darling of the people , commanding him in fide & dilectione quibus tenetur firmiter injungentes quod dictis die & loco modis omnibus personaliter intersitis nobiscum super praemissis habituri colloquium & tractaturi vestrumque concilium impensuri & hoc sub foriffactura omni quae nobis foriffacere poteritis nullatenus omittatis . et eodem modo scribitur episcopis & aliis baronibus . king edward the d his son in the first year of his reign summoned a parliament to consult about his coronation , burying of his father , and the solemnities thereof , and his nuptialls , and commanded the archbishop of canterbury to summon the chapter of his church , archdeacon and clergy of his diocess , the dean and archdeacon in their proper persons and the chapter by one , and the clergy by two procuratores idoneos ad faciendum & consentiendum his quae tunc de communi concilio favente domino ordinari contigerit super negotiis antedictis & hoc nullo modo omittatis . eodem modo scribitur episcopis lincoln , london , cicestren , oxon. in the d year of his reign the sheriff of yorkshire returned a writ of summons to the parliament that he had according to the tenor of the writ made proclamation that none should come armed to the parliament . some of our kings after writs of summons to some temporal lords and bishops have countermanded them and commanded others to continue at their charges . in the th year of his reign a parliament being called to be holden at westminster , the king understanding that johannes de insula and some others had appointed the assizes to be held in the bishoprick of durham and the northern parts , did within a few days after the appointing of the sitting of the parliament send his writ to command him , that omitting his holding of the assizes he should in person be at westminster at the day appointed , & hoc sicut indignationem nostram & grave dampnum vestrum vitare volueritis nullo modo omittatis t. r. apud windsore die septembris . per breve de privato sigillo . in the th year of his reign sent his writ to thomas earl of lancaster , that omnibus aliis praetermissis he should be present at the parliament , wherein amongst the barons the judges and others were summoned . per ipsum regem . in the th year of his reign having summoned the earl marshal to be at a parliament to be holden at winchester , secunda dominica quadragesima proxime futura , and being informed by some of the nobility that by reason of the shortness of time , they could not sufficiently provide themselves , did prorogue the parliament to octabis paschae prox . futur . there to consult about the defence of aquitaine and his passage . in the th year of his reign he summoned a parliament to be at westminster to treat with the king , if he should be there , or in his absence with the queen and the prince his son. in the d year of king edward the d the sheriff of yorkshire sending his precepts to richmond and rippon to elect burgesses , they answered they were not bound to elect any , and would avoid the charge of their expences . in the d year of his reign termino paschae the bishop of winchester was indicted in the kings bench for departing from the parliament at salisbury . anno . edwardi . the king summoned thomas earl of norfolk earl marshal of england his uncle to the parliament with these words in the end thereof , viz. quod si quid absit propter absentiam vestram dicta negotia contigerit retardari ad vos prout convenit graviter capiemus . having called a parliament to consult about the affairs of acquitain , and summoned the archbishops , bishops , &c. to the aforesaid parliament , and a peace by the french embassadors being made in the mean time de assensu praelatorum comitum , & baronum , did by his letters ( or writs ) signify to them his pleasure that they should not come . commanded the same knights and burgesses that had been at the parliament at london , & quibusdam certis de causis recesserunt to appear at a parliament at westminster , seu alios ad hoc idoneos . in the th year of his reign by reason of some stirrs in the north-parts of england summoned a parliament at york , commanding them to be personally there , giving them notice quod propter arduitatem negotiorum praedictorum cessante impedimento legitimo praesentia vestra carere non possumus ista vice . and summoned the prelates , and nobles to a parliament at the same place , and signified that he would not admit of any proxies , and the archbishop of canterbury with some bishops not appearing , to the king 's great disappointment , he did by a writ of resummons directed to the said archbishop , other bishops , abbots , magnatibus & aliis therein-named , reciting that he had demanded an ayd and advice of the prelates , peers , and knights of the shires then present , who deliberato concilio responsum dederunt quod in tam arduis negotiis sine archiepiscopi , & aliorum praelatorum , magnatum , & procerum praesentia concilium & assensum praebere non possent nec debent , did earnestly supplicate him to continue and prorogue that parliament ad diem mercurii in octabis sancti hillarii tunc prox . sequen . & interim ceteros praelatos , & proceres tunc absentes convocari faceremus ac nos quanquam hujusmodi dilatio nobis damnosa & periculosa plurimum videatur eorum petitione in hac parte annuentes parliamentum praedictum usque ad octavas praedict . duximus continuandum seu prorogandum ac praelatis , magnatibus , militibus , civibus , & burgensibus injunximus quod tunc ibidem interfuerint quacunque excusatione cessante ac omnibus aliis praetermissis ne igitur contingat ( quod absit ) dicta negotia ad nostri & regni nostri dampnum & dedecus per vestri seu aliorum absentiam ulterius prorogari vobis in fide & dilectione quibus nobis tenemini & sub periculo quod incumbit districte injungendo mandamus quod omni excusatione cessant sitis personaliter apud eborum in dictis octabis nobiscum & cum caeteris praelatis , & magnatibus dicti regni nostri super dictis negotiis tractatur . & vestrum concilium impensur . sciatis quod si per vestram contigerit dicta negotia ( quod absit ) ulterius retardari dissimulare non poterimus quin ad vos exinde sicut convenit graviter capiemus . teste rege apud eborum . . die decembris . in the same year on a saturday , the house of commons had leave to depart , and were commanded to attend untill the next day on which the parliament was dissolved . in the several parliaments of . edwardi . and ● . e. . the cause of summons was declared by those that were appointed to do it by the king 's verball command only and not by any commission . in the year next following receivers and tryers of petitions were appointed par nostre seigneur le roy , & son concill , which mr elsing understood to be the kings privy-councell . . e. . an extraordinary writ of summons was sent to the sheriff of the county of stafford concerning an aid granted by the clergy of the diocess of coventry and lichfield of d. upon every mark given to the king to free them from the oppression of the laity in violently seizing upon their wools. . e. . the commons prayed that the writs to the sheriffs for the election of knights for the shires might have the clause que deux miltz valuez chivalers de countez soient esleuz & envoyez ad prochein parliament pour la commune si que nul d'eux ne soit viscount ou autre minister . which was agreed unto , and in the summons of parliament , and writs for the electing of knights of the shires was inserted , that they should elect deux chivalers ceynct des espees de chescun countie pour estre en mesme le parlement , and thereupon the next writ was quod de dicto comitatu duos milites gladiis cinctos elegi facias , which continueth to this day , although many times esquiresand no knights are chosen , and by the indulgence of our kings admitted , when in a dedimus potestatem to take a fine it will not be allowed . eodem anno the sheriff of northampton was commanded quod venire fac . to the parliament de villa northampton quatuor de corpore comitatus sui , sex mercatores de discretioribus & ditioribus mercatoribus villae & com. praedictorum cum quibusdam magnatibus & aliis de concilio suo super dictis negotiis in brevi specificat eis ibidem plenius exponend . tractaturi , suumque concilium impensuri , ulteriusque facturi quod ibidem de communi concilio & assensu contigerit ordinari , and that the sheriff , as likewise the sheriffs of all the other counties of england , were commanded to certify the names of the merchants sic eligendorum with a severe admonition in the latter end of the said writ of summons , viz. sciens procerto quod fi dicti mercatores de discretioribus & ditioribus ut praedicitur eligendi ad dictos diem & locum non habueris te ab ofsicio tuo amovere teque tanquam expeditionem negotionum nostrorum praedictorum impedieras & de impeditione hujusmodi culpabilem invenire absque difficultate aliqua faciemus , teste edwardo duce cornubiae , & domino de cestria filio nostro charissimo custode angliae apud kennington . et eodem anno , strangers have been sometimes admitted into the house of peers after a summons , to be receivers , and tryers of petitions , but did not sit . the commons at the beginning of every parliament are sent for out of the house of commons to come to the bar of the house of lords , where the lord chancellor , if he be present , or in his absence one of the lord chief justices , or an arch-bishop of canterbury , and sometimes the lord treasurer , and in . h. . linwood a doctor of law in the sickness of a lord chancellor , declared in the behalf of the king or his lieutenant the cause at large of the summons of parliament , commanded them to elect and present their speaker , the writs of summons making sometimes a short mention thereof , and many times none at all : in th , e. . the cause of summons was begun to be declared by the chancellor , but pursued by sr bartholomew burghurst ( concerning the kings actions in france . ) . e. . the king denied the arch-bishop of canterbury to come into the parliament-house untill he had answered certain articles objected against him in the exchequer , and then also refused him entrance , untill at the last at the intercession of the lords , he was admitted . in anno of his reign prince edward his son duke of cornewall and custos regni , with others of the councell summoned a parliament in his fathers name , to grant him an aid , being then in his wars beyond the seas . the king in the th year of his reign sent his writs of summons to a parliament to treat of the affairs of the kingdom , with these words , nobiscum si praesentes fuerimus ibidem , seu cum deputandis a nobis si abesse nos contigerit . eodem anno , writs were issued for the electing of two knights for every county without mention of any citizens burgesses , and in some no manucaptors for the elected retorned , and were to appear at london , but before the day appointed come , another writ came to appear at sarum . eodem anno , the king being offended at the small appearance of the parliament , on monday commanded it to be adjourned untill the next day . the receivers and tryers being named , because the prelates and other grandees were not come , on tuesday the parliament was adjourned untill the thursday , on which day the cause of summons was declared . . e. . on fryday the commons delivered in their petitions , which were considered by the lords upon saturday , sunday and monday , next following , and on that monday they were dissolved . in the st year of his reign he declared in his writs to summon that parliament , that he did call them not to give him money , or supplies , but only to enquire after wrongs done to the people . eodem anno , the commons having long continued together , desire an answer to their bill , & leur deliverance . anno . e. . the king sending his writs to elect knights of every county and burgesses of every city and borough caused a clause to be inserted that none should be placitatores querolarum manutentores aut ex hujusmodi quaestu vincentes . in . e. . the king issued out writs to the sheriffs of every county in england to elect one knight for every county to come to the parliament , and sent his writs to the mayors , and bailiffs of burgess towns ( not to the sheriffs as at other time ) to retorn citizen for every city , and burgess for every borough , except london , whose sheriffs were commanded to elect citizens , giving the reason why no more then for other places , ut homines ab ista occupatione audumpnalo quo nirus possimus retrahomus . anno . e. . sent hrs writs to the sheriff to elect de assensu com. only knight and to the sheriffs of london , the mayor and bayliffs of all other boroughs that used to send burgesses to parliament to elect and retorn citizens and burgesses apiece for the statute of the staple made in the same year ca. . hath these words , viz. whereas good deliberation had with the prelates , dukes , earls , barons , and great men of the country , that is to say , of every county one for all the countys and of the commons of cities and boroughs . anno . e. . the cause of summons was first declared before the names of the receivers and tryers were published . eodem anno , the king issued his writs to all the sheriffs of england to cause knights of every shire to come to the parliament at lincoln to confirm the perambulation of the forrests , and particularly enjoyned to summon the knights elected the last parliament , but if dead or unable to come to elect others in their places , and the sheriff for oxford and barkshire receiving only a mandate to elect knights for oxfordshire , did notwithstanding retorn two for berkshire in this manner , et quia com. berks. est in ballia mea licet perambulatio in eodem facta fuit & observata pro eo quod in isto brevi continetur quod colloquium in parliamento tractandum erit super aliis negotiis praefatum regem tangentibus , ideo gratis elegerunt duos milites quorum nomina , &c. anno . e. . the chief justice declared that the kings pleasure was that the cause of summons should be declared by mounsieur walter de manny , and so it was , yet the chief justice managed the parliament business in the house of peers as speaker , for presently after mounsieur de manny's discourse , he called the commons to advise thereof and make ready their petitions . in the year of his reign sent his writs to all the sheriffs to cause to appear in parliament all collectors of the tenths and fifteenths granted to him in parliament for paying his forces by land and sea for the kingdoms defence , to be restored again to the payers , in case no such expences should be made , and all arrayers of souldiers to give an account of all moneys received and disbursed by them , for that the soldiers and mariners were not paid . and to appoint one honest man out of every county to come along with them to see and examine their accounts . . e. . the cause of the summons was first declared before the names of the receivers and tryers were published , according to the use at this day and of all parliaments , since . e. . and it is said in the end of the shewing the cause of the summons , et outre le dit roy volt que si nul se sent greever mett avent son petition en ce parlement & ci ne avoir convenable report & sur ce ad assignee ascuns de ses clercks en le chancellarie recevoirs des ditzpetitions . in eodem anno proclamation was made in westminster hall by the kings command , that all the prelates , lords , and commons who were come to the parliament , should withdraw themselves to the painted chamber , and afterwards on the s●m● 〈◊〉 there being in the same chamber the chancellor , treasurer 〈◊〉 some of the prelates , lords and commons , sr henry gree● the kings chief justice told them in english ( much of the french language being then made use of in the parliament-rolls and petitions ) that the king was ready to begin the parliament , but that many of the prelates , lords and commons , who were summoned , were not yet come , wherefore he willeth that they should depart and take their ease untill monday . anno . e. . the lord chancellor concluded his speech touching the summons , the kings will is , que chescun que ce sont grievez mett devant sa petition a ces sont assignez per lui de ces recevoir & aussi de les triers . six days were not seldom allowed for receiving and trying petitions which were sometimes prolonged two or three days , ex gratia regis , and the reason supposed for such short prefixions , was because the sitting of parliaments in former times continued not many days . toriton a town in devonshire was exempted from sending of burgesses to parliament , and so was colchester in . r. . in respect of new making the walls and fortifying that town for five years . in divers writs of summons of king edward . he denied to accept of proxies ea vice . . and . e. . proxies were absolutely denied ista vice . r. . and . r. . the like with a clause in every of those writs of summons legitimo cessante impedimento . anno . e. . ista vice being omitted a clause was added scientes quod propter arduitatem ( negotiorum ) procuratores seu excusationem aliquam legittimo cessante impedimento pro vobis admittere nolumus , and thereupon the lords that could not come , obtained the kings license and made their proxies , and although at other times they did make proxies without the kings license , yet in such cases an affidavit was made of their sickness ( or some other lawfull impediment ) as in . . . and . h. . the antient form and way of such licenses in d e. . being in french and under the kings privy-seal , as mr elsing hath declared ; and therein the abbot of selby's servant was so carefull as he procured a constat or testimoniall under the kings privy-seal of his allowance of the said procuration , and another was granted to the said abbot in . h. . under the signet only . eodem anno the parliament having granted the king an ayd of s. and d. out of every parish in england supposing it would fully amount to fifty thousand pounds , but the king and his councell , after the parliament , dismissed , finding upon an examination that the rate upon every parish would fall short of the summ of mony proposed for that supply , did by his writs command the sheriffs of every county to summon only one knight for every county and one citizen and burgess for every city and borough that had served in the said parliament for the avoiding of troubles and expences to appear at a councell to be holden at winchester to advise how to raise the intended summ of money . anno . e. . an ordinance being made that neither lawyer or sheriff should be returned knights of the shire , the writs received an addition touching the sheriff only which continues to this day , viz. nolumus autem quod tu vel aliquis alius vicecomes shall be elected , but the king willeth that knights and serjeants of the best esteem of the county be hereafter returned knights in the parliament . eodem anno there was no judges summoned to the parliament . in anno . some particular knights were specially commanded by the king to continue in london days longer then others after the parliament ended , to dispatch some publique affairs ordained by parliament , and had wages allowed for those days to be paid by their countries . some being sent from ireland to attend the parliament , a writ was sent by the king to james boteler justice of ireland to leavy their expences upon the commonalty of that kingdom which varied from those for england . after the bill ( which in the usuall language and meaning of those times , signified no more then a petition ) delivered the chancellour , willed the commons to sue out their writs for their fees according to the custom , after which the bishops did arise and take their leaves of the king , and so the parliament ended . anno . e. . the prince of wales representing the king in parliament sate in the chair of state in parliaments after the cause of summons declared by the lord chancellour , or by any others whom the king appointeth , he concludes his speech with the kings commandment to the house of commons to choose their speaker , who being attended by all the house of commons , and presented by them unto sitting in his chair of estate environed by the lords spirituall and temporall , hath after his allowance and at his retorn , and not before one of the kings maces with the royall armes thereupon allowed to be carried before him at all time dureing the parliament with one of the kings serjeants at armes to bear it before him , and to attend him during the time of his speakership . anno . richardi . the parliament beginning the th of october was from time to time continued untill the th of november then next ensuing , and the petitions read before the king , who after answers given , fist bonement remercier les prelats , seigneurs , & countes de leur bones & graundez diligences faitz entouz l'esploit de dites besognes & requestes y faitzpur commun profit & de leur bien & liberal done au liu grantez en defens . de tout le roialme commandant as chivaliers de contes , citizens , des citeos & burgeys des burghs quils facent leur suites pour briefs avoir pour leurs gages de parlement en manere accustumes et leur donast congie de departir . in a parliament of . r. 〈◊〉 . there were severall adjournments , and the knights and burgesses resorting to , continuing at , and returning , diversis vicibus the parliament was thrice adjourned from one day to another before it sate , by reason that sundry sheriffs had not returned their writs , divers of the lords and commons were not come , and there arose a great quarrell betwixt the duke of lancaster and the earl of northumberland , who came attended with many thousand armed men of his tenants and followers to the parliament , which caused the king to adjourn it from monday to tuesday , thence to wednesday , and from thence to saturday , untill all were come , and the quarrell being pacified betwixt those great lords from the th nov. to decemb. by reason of the approach of the feast of christmas and the queens arrival from beyond the seas for her intended marriage from thence to the th of january many of them in the mean time returning home thence untill monday following , and from that time untill the d of february . before the st writ of summons could be executed a d came to prorogue that parliament . in . r. . a parliament being summoned to meet at new sarum on the th day of aprill being fryday it was twice adjourned , untill the wednesday and thursday following , because divers of the lords were not come , and many of the sheriffs had not returned their writs . . r. . the parliament was adjourned from westminster to shrewsbury , began the monday next after the exaltation of the holy cross at westminster , and at shrewsbury the th of st hillary . in st h. . the writ for the election of commons had this clause , nolumus autem quod tu seu aliquis alius vicecomes regni nostri seu aliquis alius homo ad legem aliqualiter sit electus whence it was called the lay-mans parliament or indoctum parliamentum . by the statute of and . h. . a clause was added in the writ , et electionem tuam in pleno comitatu tuo factam distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerunt nobis in cancellaria nostra ( not into the house of commons or house of peers ) ad diem & locum in brevi contentum certisices indilate . the receivers and tryers of petitions in parliament which were nominated in the beginning of every parliament , were prelates , nobles , and judges , and sometimes the lord chancellour and treasurer ; and if need required antiently the clerks of the chancery . in two parliaments of king henry the th the chancellours place was supplied by the kings verbal authority . in . h. . the chancellour to whom it appertained , ratione officii sui to declare the cause of the summons of parliament , being sick , the duke of gloucester the kings protector appointed dr linwood ( a doctor of civill and canon law ) to declare the cause of the summons of that parliament . in the title of the act of parliament . . . . . h. . & e. . and . e. . it is mentioned to be by the advice and assent of the lords spirituall and temporal , and the commons , and in . h. . by the advice of the lords spirituall and temporall , and at the request of the commons as it had been in the of h. . where bristoll was exempted by a charter of king henry the th from sending any more then homines or burgesses to parliaments . or ports summoned and in like manner admitted by the only writ to summon the cinque ports . . h. . acts of parliament were mentioned to have been made by the assent of the lords spirituall and temporall and commons . . h. . by the advice of the lords spirituall and temporall and commons , in & . h. . the like . . h. . by the assent of the lords spirituall and temporall and commons . anno the like . the like . in the r. . & . h. . acts of parliament were said to have been made by the assent of the lords spirituall and temporall and commons , and in . . . . . & . h. . . h. . the abbot of crowland was licensed to be absent by the lord chancellour and lord treasurer signifying the kings pleasure . and howsoever that the kings verbal license was sufficient , yet they that had obtained that favour had for the most part a formal license under his hand , and if not ready to be produced testimonialls thereof by some lord or others that could witness it . and so continued untill or . h. . but afterwards neither licenses or testimonialls were required , only it satisfied that the proxies or procurations mentioned the kings license , which no man could be presumed to do unless he had had it . anno . henrici . ex mandato domini regis quia domini spirituales absentes & in convocatione occupati sunt continuavit parliamentum usque in diem crastinum ( the lord chancellor being then a bishop and absent also ) and although some one or two of the temporall lords then sate in the house of peers it was but to receive bills . which continued untill . h. . in which year the lord chancellour did the day before continue the parliament unto the day after . in the same year november dominus cancellarius propterea quod domini spirituales in convocatione in crastino die occupandi continuavit praesens parliamentum usque in diem lunae , and many of the parliament rolls and journalls of king henry the th being not to be found . and from the th h. . untill the th there does not appear to have been any journalls , although severall parliaments sate in the . . . & years of his reign . . h. . no mention was made of the advice or consent of the lords spiritual and temporall , or commons . the like in and . . . & . h. . . h. . there is a memorandum in the journalls of the house of peers decretum est quod domini spirituales in convocatione diebus martis & veneris prox . sequen . & ex tunc die veneris ( donec secus melius videtur ) versari possent , & proceres sequentibus diebus sine impedimento quotidie circa dimi●ietat horae octavae ante meridiem in locis consuetis simul convenirent ad tractandum & consulendum circa republicae negotia . and after in the same parliament the fryday was changed into the wednesday in every week . eodem anno in the reign of h. . wednesday being a starr-chamber day , and friday a convocation of the bishops of the house of peers was by the chancellor adjourned to the saturday following , and in queen elizabeths days when the starr-chamber days were setled to be upon wednesdays , the parliament did not sit upon those days in the term time , which was constantly observed says mr elsing all the time of king james untill the th year of his reign , when upon tuesday the th day of aprill upon a motion made in the house of peers that there was a great cause in the middle of hearing to be heard in the starr-chamber the morrow after , the lords were content not to sit that morning , provided that it be not drawn into a precedent , but that the house being the supream court may sit upon a starr chamber day notwithstanding the absence of the lord chancellor , archbishop of canterbury , lord treasurer , the lords of the privy-councell , great officers of state , the two lord chief justices and lord chief baron , who do use to attend that court , and the next starr-chamber day the other part of the lords house did sit in the forenoon . the lords that were absent and could not appear upon summons of parliament were excused if they could obtain a license of the king , otherwise they were amerced , as in . h. . a duke was to be amerced l. an earl marks , and a baron l. if they came not upon summons to parliament . if the king be present in person , when the cause of summons is declared , the lord chancellour doth first remove from his place , which is on the kings right hand behind the chair of estate , and conferreth privately with his majesty . and that ceremony is ever to be observed by the lord chancellour , or those that are appointed by the king to officiate in that particular for him before he speak any thing in parliament when the king is present . the cause of which ceremony saith mr elsing seeming to be , that as none but the king can call a parliament , so none but the king can propound or declare wherefore it was called . if the king be represented in parliament by commission the lord chancellor sits on the wool-sack after the commission read , the commissioners go to the seat prepared for them on the right side of the chair of estate , then the lord chancellour ariseth , conferreth with the commissioners , returns to his place on the wool-sack , and there declareth the cause of the summons ( or commission ) as was done in elizabeth . the warrants of the king for the making of the writs of summons to parliaments have been divers some times , per breve de privato sigillo , but commonly per ipsum regem & concilium . anno . h. . acts of parliament were said to have been enacted with the assent of the lords spirituall and temporall , and the parliament was continued by divers short prorogations , and was by his graces authority dissolved . . h. . in the acts of parliament no mention was made of advice or assent . . & . h. . the like . proxies were in the th year of the reign of king james under the hand and seal of an absent lord upon a lawfull impediment signifying the kings license , in the form ensuing , pro se & nomine suo de & super quibuscunque causis exponend . seu declarand . tractand . tractatibus quae hujusmodi mihi factis seu faciendis concilium nomine suo impendend . statutisque etiam & ordinationibus quae ex maturo & deliberati judicio dominorum tam spiritualium quam temporalium in eodem parliamento congregat . inactitari seu ordinari contigerint nomine suo cousentiendum eisdemque si opus fuerit subscribend . caeteraque omnia & singula quae in praemissis necessaria fuerint seu quo modo libet requisita faciend . & exercend . in tam amplis modo & forma prout ego ipse facere possem aut deberem si praesens personaliter interessem ratum & gratum habens & habiturus quicquid dictus procurator statuerit aut fecerit in praemissis . a proxy cannot be made to a lord that is absent himself . the lord latimer made his proxy , which although the clerk of the house of peers received , it was repealed by the lord chancellour , for that the lord latimers deputy or procurator was absent ; for if he to whom the proxy is made be absent , the proxy is void , neither can it be transferred by the proxy to another , as was adjudged in the case of the lord vaux , jacobi . our kings ( since the force put upon king henry the d by some rebellious barons at a parliament at oxford in anno of his reign ) at the beginning of every parliament by publick proclamation did use to prohibit the coming with arms. not any of the kings serjeants at law were summoned to parliament untill the tenth of edward the third , when robert parning , william scot , and simon trevise servientés regis were summoned by special writs unto parliaments , after which none were summoned untill the th of e. . robert de sodington capitalis baro scaccarii was the first and only baron of the exchequer who was summoned to parliament as one of the kings councell in . e. . the kings attorney generalls ( whose office and impolyment was as ancient as . e. . when william de gisilham enjoyed it , and gilbert de thorneton was in . e. . his attorney generall ) had their first writ of summons in the . . & . henrici . those that succeeded them never wanting the like priviledges . and the kings sollicitors generalls have been in like manner summoned . the writs of summons to the lords are returned and delivered to the clark of their house , those with their indentures for the election of members for the house of commons to the clark of the crown in chancery . the clergy of the convocation in parliament are elected by virtue of the kings writs of summons to the bishops and their precepts but not by any from the sheriffs . the master of the rolls if not elected a member of the house of commons in parliament hath a writ of summons to attend in the house of lords . the masters of chancery as necessarily appertaining to the lord chancellour , or keeper of the great seal of england have neither writ nor patent , yet do there attend . the bill or act of parliament signed for the beheading the earl of strafford much against the will of king charles the martyr was by commission . and divers adjournments , and prorogations in the reign of king charles d have been sometimes by commission and at other times by proclamations . the commons were never elected to come to parliament before the th year of king h. . and his imprisonment , and then and from the st year of the reign of king e. . did but as the lesser lights follow that greater of the sun , and could not possibly be sent for , or caused to be elected without the peers then summoned and convened , for that they were only to consent unto , and do such things as the king by the advice of the lords spirituall and temporall should there ordain , if the lords were not summoned to be there at the same time or sitting . the chamberlain of the kings houshold was summoned to sit in the house of peers in . . & . e. . masters of ships , and some scots have for advice been summoned to attend the house of lords . ever since the making of the statute of . eliz. every knight , citizen , burgess , and port baron elected , or to be elected to be a member of the house of commons in parliament is to take before he be admitted to sit therein , or have any voice as a knight , citizen , or burgess of or in the house of commons an oath upon the evangelists before the lord steward or his deputy , that he doth testify and declare , that the queens majesty , her heirs , and successors , is the only supream governour of this realm , and of all other her highness's dominions , and countries as well in all spirituall and ecclesiasticall things or causes as temporall , and renounce all foreign jurisdiction of any foreign prelate , prince , or potentate whatsoever . and promise that from henceforth he shall bear faith , and true allegeance to the queens highness , her heirs and successors , and to his power shall assist and defend all jurisdictions , privileges , preheminencies , and authorities , granted , or belonging to the queens highness , her heirs , and successors , or united , and annexed to the imperiall crown of this realm . queen elizabeth in the st year of her reign did by the advice of her privy-councell and of the justices of both her benches and other of her learned councell , prorogue and adjourn the parliament from the th of november . to the fourth of february then next following , from which day it was continued till the thursday following post meridiem . wherein divers of the bishops , earls , barons , justices and masters of chancery were receivers and tryers of petitions . the bishops , all but , named each of them proctors , temporall lords sent their proxies . such as were meer attendants in the house of peers were sometimes made joint committees with the lords in severall matters the commons presenting their speaker to the queen , he was admitted with a caution not to use in that house irreverent speeches , or to make unnecessary addresses to her majesty , and the chancellour by command of the queen continuavit praesens parliamentum usque diem sabbati prox . hora nona . when the lords sent to pray a conference with the commons and it is assented unto , one of the judges were allways named to attend the lords committees . in a bill for setling a jointure for the wife of henry nevill esq. wherein all former conveyances were to be cancelled , the lords ordered that the deeds should be sealed up , and brought into their house , to the end that they might be redelivered again uncancelled , in case the queen should resuse to sign the act of parliament ; the house of commons by their speaker desired her majesties assent to such statutes as had been provided by both houses . upon her gracious generall act of pardon les prelats , seigneurs & commons en parlement en nom de toutes voz autres subjects remercient tres humblement vostre majeste . the queens sollicitor generall being elected a member of the house of commons in parliament , they desired the lords that he might come into the house of commons and sit with them , which was assented unto and performed . in the year . and st of her reign , when she had most need of her subjects aid and good will , upon the petition of the commons against some grievances of the purveyors and her court of exchecquer , she answered by their speaker , that she had given orders to her lord steward to redress any complaints of her purveyance , and that she had as much skill and power to rule and govern her own house as any of her subjects whatsoever to rule and govern theirs without the help of their neighbours , and would very shortly cause a collection to be made of all the laws already made touching pourveyance and of all the constitutions of her houshould in that case , and would thereupon by the advice of her judges & learned councell set down such a formall plot ( or method ) before the end of that present session of parliament , as should be as good & better for the ease of her subjects , then what the house had attempted without her privity , & in which they would have bereaved her majesty of the honour , glory and commendation thereof , and that she had in the th year of her reign caused certain orders and constitutions to be drawn for the due course of such things in her court of exchequer as her subjects seem to be grieved at ; and so after a generall pardon and some bills passed , the lord chancellour by her majesties command dissolved the parliament . anno th . the lord keeper by her majesties command declared the necessity of publick aides , how little the late subsides amounted unto by reason of the ill gathering ; desired the time might not be mispent in long orations , speeches and verbosities which some men took delight in , receivers and tryers of petitions were named and some proxies delivered . their speaker sr edward coke in his speech remembred the queen of her speech to the last parliament , that many came thither ad consulendum qui nesciunt quid sit consulendum and prayed that she would give her assent to such bills as should be agreed upon ; the lord keeper in his reply alleadged that to make more laws might seem superfluous , and to him that might ask quae causa ut crescunt tot magna volumnia legum ? it may be answered in promptu causa est crescit in orbe malum . and after upon further instructions received from her majesty declared that liberty of speech was granted , but how far was to be thought on ; there be two things of most necessity wit and speech , the one exercised in invention , the other in speaking , priviledge of speech is granted but you must know what priviledge you have , not to speak every one what he listeth , or what cometh in his heart to utter , but your priviledge is to say yea or no ; wherefore mr speaker her majesties pleasure is that if you perceive any idle heads , which will not stick to hazzard their own estates , which will meddle with reforming of the church and transforming of the common-wealth , and do exhibit any bills to such purpose , that you receive them not untill they be viewed and considered of , by those who it is fitter should consider of such things , and can better judge of them . the daily continuing or adjorning of the parliament was dominus custos magni sigilli continuavit praesens parliamentum . after a bill for setling the lands and estate of sr francis englefeild attainted of high treason in parliament had been ordered by the house of commons to be ingrossed , the lords did hear councell on the part of englefeilds heirs , and afterwards passed it . in the case of repealing of certain uses in a deed concerning the estate of sr anthony cook of rumford in the county of essex after the bill had been times read in the house of lords and assented unto , a proviso was added of saving the queens right with a note entred that it should not hereafter be used as a praecedent . acts or bills of generall pardon do passe both houses with once reading . the lord-keeper by her directions signified to the speaker of the house of commons , that in some things they had spent more time then needed , but she perceived some men did it more for their satisfaction , then the necessity of the thing deserved . misliked that such irreverence was shewed towards her privy councellors ( who were not to be accompted as common knights and burgesses of the house , that are councellors , but during the parliament ) whereas the others are standing councellors , and for their wisdom and great service are called to the councell of state. had heard that some men in the case of great necessity and aid , had seemed to regard their country and made their necessities more then they were , forgetting the urgent necessity of the time , and dangers that were now eminent , she would not have the people feared with reports , charged them that the trained bands should be ready and well supplied , thanked them for their subsidies , and assured them that if the coffers of her treasure were not empty , and the revenues of the crown and other princely ornaments could supply her wants and the charge of the realm , she would not in the words of a prince have now charged them , or accepted what they gave . after which the queen sitting in her chair of state , amongst other things speaking of the injustice of the king of spains wars and the justice of her own said , i heard say that when he attempted his last invasion , some upon the sea coast forsook their towns , flew up higher into the country , and left all naked and exposed to his entrance , but i swear unto you by god , if i knew those persons , or any that shall do so hereafter , i will make them know and feel what it is to be so fearfull in so urgent a cause . declared unto them that the subsidy which they gave her was not so much but that it is needfull for a prince to have so much allways lying in her coffers for your defence in time of need , and not to be driven to get it , when we should use it . upon which the clerk of the parliament having read the queens acceptance and thanks for the subsidies given , did upon the reading of the pardon pronounce the thanks of the house in these words , les prelates seigneurs & communes en ce parlement assembles au nom de toutz vous autres subjects remerc erent tres humblement vostre majesty & prient a dieu que il vous donne en sante bonne vie & longue . the assent of the sovereign is never given to a bill of subsidy because it is the guift of the subject , nor to an act of generall pardon , for that is the kings free guift , after which ended , followed the dissolution of the parliament in these words , dominus custos magni sigilli ex mandato dominae reginae tunc praesentis dissolvit praesens parliamentum . the names of the knights , citizens and burgesses are at the beginning of the parliament delivered to the clerk of the crown ( who always attends in the house of lords ) and entred into his book . after the lord keepers speech ended her majesty calling him unto her commanded him to give the lower house authority to choose their speaker and present him the thursday following , unto which day he adjourned the parliament . at which day sr edward coke knight being chosen and admitted speaker , the queen allowed his petitions for access unto her majesty , privileges and liberty of speech , with a caution that they should not speak irreverently either of the church or state , and then the lord keeper by the queens command adjourned the parliament untill the saturday following . when the house of commons being again assembled mr peter wentworth and sir henry bromley delivered a petition to the lord keeper , therein desiring the lords of the upper house to be supplicants with them of the lower unto her majesty for the entailing of the succession to the crown , whereof a bill was ready prepared . with which her majesty being highly displeased charged the councell to call the parties before them , whereupon sr thomas heneage sent presently for them , commanded them to forbear going to the parliament and not to go out of their severall lodgings , and the day after they were called before the lord treasurer burleigh , the lord buckhurst and sr thomas heneage , who informing them how highly her majesty was offended , told them they must needs commit them , mr wentworth was sent prisoner to the tower , sir henry bromley and one mr stevens ( to whom he had imparted it ) and mr welch the other knight of the shire for worcestershire to the fleet. a bill being offered by mr morris attorney of the court of wards against the usage of ecclesiasticall discipline by the prelates , with an intent that the house might be suitors to her majesty to allow it , he was sent for to the court and committed to the keeping of sir john fortescue a parliament man ; and she sent for the speaker and by him sent a message to the house of commons , which he did not omit to deliver in her very words , that it was in her and her power to call parliaments , it was in her power to end and determine the same , and it was in her power to assent or dissent to any thing done in parliament . and her majesties pleasure being by the lord keeper delivered unto them , that it was not meant that they should meddle with matters of state , or causes ecclesiasticall , she wondred that any should be of so high a commandment to attempt a thing contrary to that which she had so expressly forbidden , and therefore with this she was highly displeased , and charged the speaker upon his allegeance that if any such bill be exhibited not to receive it , an act was sent up by the commons to the lords who amended somewhat therein but what they amend cannot be altered by the commons , but the lords will give their reasons for such their amendment . the commons complaining of a breach of privilege that the lord keeper did in the behalf of the lords give answers unto their messages , and did not come down unto hose that were sent to the bar , after a great debate and much advice and consultation , it was resolved that the lord keeper or lord chancellour ought to sit in his place covered , when he gave them answers , and that if it had been lately otherwise done , it was by error and mistake , but ought not ; which then lordships by mr attorney generall and serjeant harris signifying to the lower house , desired them to send some of their house to receive their lordships answer , whereunto they seemed to assent and returned some of their knights and burgesses with those that be●ore demanded satisfaction to receive their answer , which being declared unto them , they by the mouth of sr william knolles ( one o● 〈◊〉 house of commons ) protested that they had no commission to receive an answer in that form , after which upon a conference betwixt both houses upon great debate and arguments , it was resolved , that the order and custome of the house of lords was , that when any bills or messages were sent to them , the lord keeper and some of the lords were to ●rise from their places and from thence to go unto the barr and receive the said bills or messages ; but contrarywise when any answer is to be delivered by the lord keeper in the name and behalf of the lords , the commons sent were to stand at the barr and the lord keeper is to receive the bills or answer the messages with his head covered , and all the lords were to keep their places with which the lower house was satisfied , and the same order hath been ever since observed accordingly . anno . eliz. there being in former times a custom in the house of commons , to have a bill read before the house did arise , the same could not now be done at that time because her majesty and the upper house had adjourned the parliament untill saturday sennight at eight of the clock in the morning , which being signified by their speaker he said all the members of the house might depart , and so they did . eodem anno. at the ending of the parliament after they had given the queen subsidies and prayed her assent to such laws as had passed both houses , she gave the royall assent to publick acts , and private , but refused bills , which had passed both the houses . anno . eliz. john crook esq. recorder of london being chosen speaker of the house of commons in parliament disabling himself desired the queen to command the house of commons to choose another , but his excuse received no allowance . the lord chief justice of the queens bench and common pleas together with the lord chief baron and attorney generall were ordered to attend a committee of lords and bishops . sr john popham lord chief justice , francis gaudy one of the justices of the kings bench , george kingsmill one of the common pleas , dr carew and dr stanhop were constituted receivers of petitions for gascoigne and other lands beyond the seas . sr edmond anderson lord chief justice of the court of common pleas , sr william peryam lord chief baron , thomas walmisley one of the justices of the common pleas , dr swale and dr hone. tryers of petitions of england , the archbishop of canterbury , marquis of winchester , earls of sussex , lord marshall , lord admirall , and steward of the queens houshold , earls of nottingham , and hertford , bishops of london , durham , and winchester , lords zouch and cobham calling unto them the lord keeper , lord treasurer , and the queens serjeants at law. great fault was found by many of the house of the factouring and bribing of too many of the justices of the peace , and it was by one of the members alleadged , that the five bills ●arely passed against swearing , drunkenness , and for the making of good ale , would be as much worth to those kind of justices of the peace as a subsidy and two fifteens . mr conisby gentleman usher of the house of peers complained that forasmuch upon the breach of any priviledge of that house he only was to be employed , and not the serjeant at arms , the house ordered a committee to consider of presidents and settle it , a motion was made by the lord keeper and approved of by the lords , that the ancient course of the house might be kept by certifying the excuses for the absence of any of the peers by the peers and not by others . the house being offended with sr walter rawleigh for some words , and crying to the barr , mr brown a lawyer stood up and said , mr speaker par in parem non habet imperium we are as members of one body and we cannot judge one another , whereupon it being put to the question , it was resolved in the negative that he should not stand at the barr. the speaker of the house of commons at the ending of the parliament of . eliz. humbly desired of the queen , that certain acts may be made laws by her royall assent , which giveth life unto them . unto which the lord keeper answered , that as touching her majesties pioceeding in the making of laws and giving her royall assent , that should be as god directed her sacred spirit , and delivered her majesties commandement , that as to the commons proceedings in the matter of her prerogative she is persuaded that subjects did never more dutifully observe , and that she understood they did but obiter touch her prerogative , and no otherwise but by humble petition , but she well perceived that private respects are privately masked under publique pretences . admonished the justices of the peace ( some whereof might probably be of the house of commons ) that they should not deserve the epithetes of prowling justices , justices of quarrells , who counted champerty good conscience , sinning justices who did suck and consume the good of this commonwealth , and likewise all those who did lye , if not all the year , yet at the least three quarters of the year in the city of london . anno . eliz. one mr leigh of the house of commons complained , that whilst the speaker of the house of commons was presented to the queen , he was denyed entrance into the house of peers , which the lords excused by saying it was the ignorance of some of the grooms or attendance , in the choosing of a speaker , mr knolls the comptroller alleaged that it was not for the state of the queen to permit a confused multitude to speak unto her , when it might often happen that one or some might move , or speak that which another , or some or many would contradict or not allow . the queen being sate in her state in the house of lords , the house of commons were sent for to present their speaker , who in a modest pretence of disability prayed her majesty to command the house of commons to choose one more able but had it not allowed . and she in her grant of freedom of speech gave a caution not to do it in vain matters , verbosities , contentions or contradictions , nor to make addresses unto her ; but only in matters of consequence , and prohibited their retaining or priviledging desperate debtors upon pain of her displeasure , and desired a law might be made to that purpose . which done the lord keeper said , for great and weighty causes her highness's pleasure was that the parliament should be adjourned untill the fryday following . at which time the house of commons did appoint a minister every morning before the house sate to officiate and use a set form of prayer specially ordained , to desire gods blessing upon their councells and preserve the queen their sovereign . the ancient usage of not coming into the house of commons with spurs , was moved by the speaker to be observed , others moved that they might not come with boots and rapiers . but nothing was done therein . sr robert wroth a member of the house of commons did in his own particular offer l. per annum to the wars . sr andrew noel sheriff of rutlandshire having returned himself to be a knight of the shire for that county , it was adjudged by the house of commons to be void , because it was against the tenor and exception of the writ , and that he ought to be fined . in the debate whither the speaker should send his warrant to the clerk of the crown for the election of a burgess , it was answered by one of that house and not contradicted , that ( since . eliz. ) he did ex officio send his warrant to the clerk of the crown , who is to certifie the lord keeper and so make the warrant . sr francis hastings a member going down the stairs , a page offering to thrust him was brought to the barr and committed , but was the next day upon the motion of sr francis , and his submission upon his knees released , some of the house moved to send him to a barbers to have his hair cut , because it was too long , but others disswaded it , as a matter not becoming the gravity of the house . sr walter rawleigh declared that the queen had sold her jewels , the money lent her by her subjects was yet unpaid , she had sold much of her lands , spared money out of her own purse and apparell for her peoples sakes , and for his own part wished , that they would bountifully , according to their estates , contribute to her majesties necessities , as they now stand . mr townsend one of the members declared in the house of commons , that they were summoned and called as a grand jury of the land , though not upon their oaths , yet upon their conscience , and was not contradicted . sr edward hobby said it was always the custom of the house of commons to have their warrant for the election of a new member directed by their speaker to the clark of the crown . but sr francis hastings said that the lord keeper had in private informed him , that he had rather have it made to himself , then to any inferior minister . sr edward hobby said that the parliament being the highest court was to command all other courts a bill being brought in for explanation of the common law concerning the queens letters-patents , and certain monopolies , mr spicer a burgess of warwick said , that bill might touch the prerogative royall , which was , as he had learned , so transcendant , as the eye of the subject may not aspire thereunto , and therefore be it far from him that the state and prerogative royall of the prince should be tyed by him or the act of any other subject . mr francis bacon said for the prerogative royall of the prince , for his part he ever allowed it , and is such as he hoped should never be discussed , the queen is our sovereign , hath both a restraning and enlarging liberty of her prerogative , that is , hath power by her patents to set at liberty things restrained by statute law , by non obstante's of penall laws or otherwise , and by her prerogative to restrain things that are at liberty as by her letters-patents for new inventions , license for transportation , &c. but mr speaker pointing to the bill said , this is no stranger in this place , but a stranger in this vestment , the use hath been ever by petition to humble our selves to her majesty , and by petition to desire to have the grievances redressed , especially when the remedy toucheth her in right or prerogative ; if her majesty make a patent or a monopoly to any of her servants , that we must cry out against , but if she grants it to a namber of burgesses or a corporation , that must stand , and that forsooth is no monopoly , i say and i say again that we ought not to deal or meddle with or judge of her majesties prerogative i wish every man therefore to be carefull of this point . mr lawrence hyde said , i do owe a duty to god and loyalty to my prince , i made it ( the bill ) and i think i understand it , far be it from this heart of mine to write anything in prejudice or derogation of her majesties prerogative royall and the state. mr serjeant harris moved that the queen might be petitioned by the house in all humility . mr francis moor , afterwatds serjeant moor said he did know the queens prerogative was a thing curious to be dealt with . sr george moor said , we know the power of her majesty cannot be restrained by any act , why therefore should we thus talk ? admit we should make the statute with a non obstante , yet the queen may grant a patent with a non obstante to cross it . mr spicer said , he was no apostate , but should stick to his former faith , which was , that it should be by way of petition , and that a course by bill would neither be gratum nor tutum . mr davies said , god had given power to absolute princes , which he attributeth to himself dixi quod dii estis , and as he attributes unto them , he hath given unto them majesty , justice , and mercy ; majesty in respect of the honour that a subject oweth unto his prince , justice in respect he can do no wrong , and therefore the law is in first h. . the king cannot commit a disseisin : mercy , in respect he giveth leave to his subjects to right themselves by law. mr secretary cecill said , i am a servant to the queen , and before i would speak or give any consent to a case that should debase her sovereignty or abridge it , i would wish my tongue cut out of my head , i am sure there were law-makers before there were laws , if you stand upon law and dispute her majesties prerogative hear what bracton saith , praerogatium nemo audeat disputare ; for my own part i like not such courses should be taken , and you mr speaker should perform the charge which her majesty gave unto you at the beginning of this parliament not to receive bills of this nature , for her majesties ears be open to all our grievances , and her hands stretched out to every mans petition . all which worthy and dutyfull expressions of duty and loyalty to their sovereign were made by mr spicer , mr francis bacon , sr robert cecill , sr george moor , serjeant francis moore , sr walter rawleigh and others , without any neglect of the good of the publick , or the office of members of the house of commons elected only upon their princes writs and warrants ad faciendum & consentiendum to those things , which should be by their soveregn ordained by the advice of the lords spirituall and temporall in parliament assembled , without any question or contradiction made thereupon , or calling them to the bar , imprisoning them in the tower of london , excluding them the house , or making them ask pardon upon their knees , with other exorbitances which some of their successors have too often usurped to ask pardon of their fellow members who did not at all represent those that elected them who were not wont to call everything that suited not with their fancies to be an error against the sence or tyde of the house , or to be sent to the prison of the tower of london , none of their prison , or under their command or authority , without their soveraigns privity or order , being far without the bounds or reach of their commission or purpose of it , and an incroachment upon the regall power , was in the house of commons in parliament used until the late distemper thereof , or for their late speaker mr williams when sr robert peyton one of their members was for some matter which they would create to be criminall , brought upon his knees , and adjudged to be expelled the house and to receive his sentence from their speaker , in no smoother an expression or language then , go thou cursed thou worst of men , the house of commons hath spewed thee out , when they and others may know that the house of peers do never use by themselves to exclude any of their members without the order and concurrence of their sovereign , and in case of treason . upon the great debate of monopolies , as they called them , granted by the queen , a list being brought into the house , she having notice thereof sent for the speaker and declared unto him , that for any patents granted by her , whereby any of her subjects might be grieved or oppressed , she would take present order for reformation thereof , her kingly prerogative was tender , and therefore desired them not to speak or doubt of her carefull reformation , but that some should presently be repealed , others suspended , and none put in execution , but such as by a tryall at law should appear to be for the good of the people , which he reporting to the house to his unspeakable joy ( as he said , ) and comfort , but thereupon secretary cecill said that there was no reason all should be revoked , for the queen meant not to be swept out of her prerogative . and therefore gave them a caution for the future , to believe that what soever is subject to a publick exposition cannot be good , and said that parliamentary matters were ordinarily talked of in the streets , that the time was never more apt to disorder , or make ill interpretations of good meanings , and thought those persons would be glad that all sovereignty were turned into popularity , we being here but the popular bouch , and our liberty , but the liberty of the subject ; if any man in the house speak wisely we do him great wrong to interrupt him , if foolishly , let us hear him out ; we shall have the more cause to tax him , and i do heartily pray that no member of this house may plus verbis offendere quam concilio inuare . mr francis moore moved that the speaker in the name of the house might give thanks to her majesty for setting at liberty her subjects from the thraldom of those monopolies , and crave pardon for any extravagancy of words in that house . mr wingfield wept and said his heart was not able to conceive , or his tongue express the joy that he had in that message , but his opinion and mr francis moore and mr francis bacon's were against the making of the apology , for that would be to accuse themselves of a fault , when they had committed none , and being put to the vote , it was by the whole house agreed , that the speaker should return the queen their humble thanks . mr donald wished that her gracious message might be recorded in their books ; others that it might be in letters of gold , others in their hearts . mr secretary cecill said , there is not any soul living deserves thanks in this cause , but our sovereign . mr francis bacon said , he had served as a member in parliaments and never knew but two committed to the tower , the one was mr arthur hall for saying , that the lower house was a new person in the trinity , and the other was parry for making a seditious speech in the house . when the thanks were given by the speaker , she said she was the person that still ( yet under god ) had delivered them , and trusted that by his almighty power she should be the instrument to protect them . declared to the speaker of the house of commons that she rejoyced not so much to be a queen as a queen over so thankfull a people . sir george belgrave was complained 〈◊〉 for procuring himself to be elected burgess of leicester by appearing in a blew coat with the earl of huntingtons cognisance , for which the queens attorney sr edward coke exhibited in the earl of huntingtons name an information at the queens suite in the star-chamber . mr bacon said there never were but articuli super chartas , the one when the sword was in the commons hands , the other articuli cleri , when the clergy of the land bore sway . some bill being brought in concerning monopolies which had been formerly by the queen redressed , sr edward hobby said , if we will be dealing herein , by petition will be our only course , this is a matter of prerogative , and this no place to dispute it . upon the bill concerning the transport of iron ordnance , mr cary said we take it for an use in the house , that when any great and weighty matter or bill is here handled , we straightway say , it toucheth the prerogative , and that must not be medled withall , and by that we come here to do our country good , bereave them of that good help we might administer unto them . to which mr speaker replyed qui vadit plane vadit●sane , let us lay down our griefs in the preamble of the bill , and make it by way of petition . mr francis hastings said , how swiftly and sweetly her majesty apprehended our griefs i think there is no subject but knoweth ; for us then to deal in a matter so highly touching her prerogative , we shall not only give her majesty just cause of offence , but to deny our proceeding by bill . sr george moor disliked the proceeding by bill . mr laurence hyde said that he saw no reason , but we may proceed by bill , and not touch her prerogative , her majesty is not more carefull and watchfull of her prerogative then h. . & e. . were , and then there was no doubt or mention made of prerogative . mr comptroller said , in duty we should proceed to speak unto the queen by wny of petition , and not by way of bill or contestation , we must note that her self and her prerogative will not be forced , and i do not hold this course by bill to fiand either with respect or duty . in the debate concerning the earl of huntingtons bill in the star-chamber ( sitting the parliament ) against sr george belgrave for indirectly making himself a burgess in parliament , some of the house moving for a conference with the lords about it , mr dale said , id possumus quod dejure possumus , and that the safest way would be a conference . mr tate said , it will not be good to pry too near into her majesties prerogative by examining informations exhibited in the star-chamber . mr cary said , that the custom of the house of commons was , when they wanted any record , to send their warrant to the lord keeper to grant a certiorari to have the record brought into the house in ferrers case in the reign of king henry the th , who being a member of the house of commons and imprisoned , the house of commons made an address to the king for his release , when they could not do it by their own power . mr speaker said , i am to deliver unto you her majesties commandement that for the better and more speedy dispatch of causes we should sit in the afternoon , and that about this day sennight her majesties pleasure is this parliament shall be ended . at a conference with the lords their lordships told the commons they would not have their judgment prejudicated , and in that conference of the house of commons stiled themselves the lower house . there was saith justice hussey a whole alphabet of paenall laws in the time of king henry the th . mr mountague said , the praerogative royall is now in question , which the law hath over allowed and maintained . serjeant heale speaking somewhat that displeased the generality of the house , they all made an humming , and when he began to speak again , they did the like ; whereupon the speaker stood up and said , it is a great disorder that this should be used , for it is the antient use of this house for every man to be silent when any one speaketh , and he that is speaking should be suffered to deliver his mind without interruption . sr edward hobby upon the debate of a bill brought in for the peoples more diligent repair to church whether the church-wardens were the more proper to certifie the defalters , said that when her majestie did give us leave to chuse our speaker , she gave us leave to chuse one out of our own number . mr onslow the clark of the house of commons in parliament being sick , the house gave his man leave to officiate for him , every members contributing d . apeice for his support . in the case of belgrave depending in the court of star-chamber , upon an information brought by sir edward coke her majesties then artorney general , prosecuted by the earl of huntington for wearing his livery to make himself a member of the house of commons in parliament , after several motions , debates , and disputes in the house of commons , a conference was concluded to be had with the lords thereupon , the rather for that it had been said that the lords in parliament were reported to have directed the said bill to be exhibited in the star-chamber , one of their house being concerned therein , and a day appointed by the lords accordingly , which failing and revived again by a motion of one of the members of the house of commons in their own house , and the matters limitted , whereupon it should consist , first touching the offence committed by mr. belgrave , whether it was an infringement of the liberty of the house of commons , and for the first , that the commons would do nothing therein until a conference with them , for the d . to know the reasons of their lordships appointment of the information , and to bring it to some end . mr. speaker at another day certifying a message from the lords concerning some other matters , sir edward hobby said , we attended the lords that morning which was appointed touching the information against mr. belgrave , who in the end concluded that forasmuch as it concerneth them as the house of commons priviledges , they desired some time to consult , and they would send us word of their resolutions , and some days after a copy of the information against belgrave was sent to the house of peers unto them under the hand of the clerk of the star chamber by them , and sir edward hobby with some bills , but nothing appeareth to have been done touching the said information against belgrave . in the mean time a servant of mr. huddleston a knight of the shire for cumberland being arrested in london upon a writ of execution , the plaintiff and serjeants denying to release him , because it was after judgment , they were upon complaint to the house committed to prison , the serjeant released , paying the serjeant at arms fees , and the plaintiff paying them as well as his own , was ordered to remain three days in the serjeants custody . for a like judgment was cited to have been given by the house of commons in the case of the baron of wilton in that parliament . upon thursday december the th sir edward hobby shewed that the parliament was now in the wain and near ending , and an order was taken touching the information delivered to this house ( viz. the house of commons ) in mr. belgraves case but nothing done therein , and as it seemeth by not taking out the process no prosecution of the cause is intended against the said mr. belgrave , he thought it fit , because the chief scope of the said information seemeth to be touching a dishonour offered to this house , that it would please the house that it might be put to the question , ( being the original and first horrid fashion of their afterward altogether course or manner of voting , and making their own pretended liberties ) whether he hath offended this house yea or no ? if he hath , he desireth to be censured by you , and if he hath not , it will be a good motive to this honourable house here present , who are judges in this court ; ( and yet he might have remembred what long and learned debates and disputes there had lately been amongst themselves , whether the custom of that house was or had been in cases of grievance to proceed by bill , or petition to the queen , and it was resolved that it was the most proper and dutiful way to proceed by petition , which was done accordingly ) in clearing the gentleman of that offence when it came before them , which had then no higher esteem in sir edward hobbyes opinion , than to be previous to an after disquisition which that law and the queens writ , and the election of that part of the people that brought them thither , neither did or could give them any greater authority than ad faciendum & consentiendum to do and perform that which the king and lords in parliament should ordain to be done and performed , and when all should be rightly considered was an offence ) too often by more than one or once since practised , to procure a membership indirectly in an house of commons in parliament ( committed by mr. belgrave that should as little have been countenanced as there was any just or legal warrant for it , wherein mr. comptroller said , i know the gentleman to be an honest gentleman , and a great servant to his prince and countrey , i think it very fit to clear him , i wish it may be put to the question , i will be ready to vouch your sentence for his offence when it comes there , but if any other matter appears upon opening the cause , with that we have nothing to do . mr. secretary cecil who had not long before said in the same house , he was sorry to see such disorder , and little do you know how for disorder this parliament is taxed , i am sorry i said not slandered , i hoped that as this parliament began gravely and with judgment , we should have ended modestly , and at least with discretion , i protest i have a libel in my pocket against the proceedings of this parliament , could when he came to speak of mr. belgraves aforesaid offence say , he had heard it spoken of diversly , but for his own part he was more apt to move against mr. dyet a member of that house that drew the information in the court of star-chamber against mr. belgrave , that he should be well punished for seeking to diminish the praerogative of the court ( a power or word never before believed to be proper or applicable to the house of commons in parliament ) by praying aid of the court of star-chamber for an offence done to us this court sitting , ( which complexedly with the house of peers in parliament hath been , and ought to be stiled a court , but not separately as to its own constitution or practice ; ) and desired that mr. belgrave may be cleared here , which will be a good inducement not to censure him heavily there , mr. ravenscroft said , we ought not proceed against a fellow member until he be called ; it is not apparent to us that he made the information , it is under mr. attorneys hand , and therefore ought to be intended his , for now it is upon record under his hand , against which we can receive no averment , by speech of others , but by the gentleman 's own words , viva voce . and so there was no more said of that matter . but it was put to the question whether he should be cleared of the offence to the house yea or no , and all cryed i , i , i , only young mr. francis grantham , who gave a great no , at which the house laught , and he blusht . some of the members of the house of commons observed and found fault , that when the members were voting , the contradicting party went out of the house leaving the affirming party in the house , they that remained did it more to continue and abide in their places , than for any affection they had to the vote of the other , and there might be also a great mistake in the temputation of the whole number of the members , when some never came at all , or tarried but a little , while many others were strugling in or out about their own domestick or particular affairs . upon friday december the th . anno. dom. . as the speaker was going to the house in the morning , the queens general pardon was delivered unto him , which he took and delivered into the house , which they sent back again , because it was not brought according to course ( an haughtiness not usual or comely for those that were to receive such vast benefits by it . ) the collection for the clerk of the houses servant supplying his masters place at d. each member , amounted unto l. which was after the number of members . afterwards mr. attorney general assisted by dr. cary on the right hand , and dr. stanhop on the left , brought to the house her majesties free and general pardon , and delivered also to the house their subsidy-bill , for the grant of four entire subsidies , eight fifteenths and tenths , the subsidy of the clergy , was sent in a roll according to the usual acts , whereunto sir edward hobby took exceptions because it was not sent in a long skin of parchment under the queens hand and seal , so it was sent back again , and then the other was sent . the lord keeper upon the speakers speech at the ending of the parliament said , that laws were to have the queens royal assent , as god should direct her sacred spirit , that she saith touching their proceeding in the matter of her praerogative , that she is persuaded that subjects did never more dutifully , and that she understood they did obiter touch her praerogative , and not otherwise , but by humble petitions , and therefore that thanks that a princess may give to her subjects she willingly yieldeth ; but now she well perceiveth that private respects are privately masked under publick pretences ; as for the grant of the subsidies , and the manner of giving the subsidies , it was not persuasive or by persuasive inducements , it was speedy , freely , and of duty , with great contentment , that no prince was ever more unwilling to exact or receive any thing from the subject , then she our most gracious soveraign , for we all know she never was a greedy grasper , nor strait-handed keeper , and therefore she commanded him to say , that you had done plentifully , dutifully and thankfully ; and added also an admonition to the justices of peace ( many of which probably were members there present ) that they would not deserve the epethites of prowling justices , justices of quarrels , who counted champerty good conscience , justices who did suck and consume the wealth and good of the commonwealth , and also to those who do lye if not all the year , yet at least three quarters of the year at london , and after some bills or acts of parliament signed with la royne se voult , or come il est desire , and some others with la royne savisera dissolved that parliament in anno . which may be justly accompanied with the observations and annotations of that eminent and learned lawyer mr. william noy attorney general of that pious prince and martyr king charles the first , who was by death arrested and called out of this world before his royal masters persecution , and ever to be detested murder , and in all probability if he had then been living , would have done more towards the rescue of his royal person and government , than all these silent lawyers that crouched under the burdens of the rebellious miscalled common-wealth , and their man of sin oliver cromwell , that afterwards cheated them of their prey . in former times , especially since the admittance of commons elected to sit in our great councils in parliament , all the acts of parliament were framed and drawn up upon the petitions of the parliament , and the kings answers thereunto by the judges , and the kings learned council at law compendiously , and very often after the ending of the parliament , or some good part of time afterwards , and if any thing were oversliped by the commons , a clause was added to help the same . but on the other side , after the petitions and answers were read , and the royal assent given , additions contrary to the meaning of the commons have been added , and sometimes somewhat omitted . all bills commonly called petitions , were most usually exhibited by the commons , it being their part petere leges , as best knowing what was amiss . at the making of the statute of merton in anno . h. . concerning trespasses in parks and ponds , the answer was , it is not yet discussed , for the lords demanded the imprisonment of the offenders therein , and the king denyed it , wherefore it was deferred . some petitions were formerly indorsed coram rege , against which the commons petitioned in e. . n. . for that nothing was done upon their petitions , and therefore prayed that theirs might be answered before the parliament ended . some bills have been exhibited in their names , which they agreed not unto , as in anno . e. . . concerning exceptions of villenage , where the commons in their petition afterwards alledged it to be expresly against the laws and customs of the land , and therefore prayed the king and his good council , to prevent the mischiefs , which might happen by that petition , and maintain the good laws and customs of the land in his time , and the times of his ancestors , by the sages of the law used , and without having regard to the petitions of any singular persons to the overthrow and open undoing of the law of the land. the commons prayed that the petitions , which were delivered by them in the last parliament , and by our lord the king , prelates and grandees of the land answered and granted , be held , and the answers before granted , not changed by any bill delivered in this parliament , in the name of the commons , or of any other , for the commons do not avow any such bill . unto which was answered another time , the king by the advice of the prelates and grandees caused to be answered the petitions of the commons touching the laws of the land , that the laws had and used in times past , nor the process used hereafter , cannot be changed without making thereon a new statute , the which thing to do the king would not then , nor yet can intend for divers reasons , but as soon as he can intend it , he will take the grandees and sages of his council about him , and ordain upon such articles and others touching the amendment of the law by their advice and council , so as reason and equity shall be done to all his leiges and subjects . anno . e. . item priontles commons , that for no bill , especially of singular persons , no statute heretofore ordained be changed , nor other process made upon the execution of the statutes , which hath not been used in times past . about which time , or not long before , the commons did use to present their bills ( or petitions ) to the re ceivers of petitions appointed by the king by one select messenger ( no constant speaker it seems being then made use of , or mace or ensigns of honour carried before him , by one of the kings serjeants at arms , granted or allowed by the king , of which honourable circumstances mr. pryn acknowledgeth he could find no original ) accompanied with divers other of the house , which probably , saith mr. noy , might produce such or the like inconveniencies . a subsidy was granted upon condition that their petitions and grievances might be received the next day in parliament , and hasty remedies ordained , which being promised , the commons were ordered to deliver their petitions to the clerk of the parliament ( then intended and understood to be of the house of peers ) which was done accordingly . anno . e. . the commons advised four days on the kings charge for their advice to be given touching the french war , wherein at last they desired to be excused . anno . e. . granted an aid upon condition that their petitions of the last parliament , and of this , might be dispatched in the presence of four or six of the commons , and afterwards delivered their petitions to the clerk of the parliament . anno . e. . the cause of summons being declared on the wednesday for a speedy aid , the commons were commanded to give their answer upon the friday following , and in the mean time to make ready their bills and petitions , on which day after a short parlance with the lords , they granted the subsidy , and exhibited their petitions before the king. anno . e. . were charged to make ready their petitions , and to deliver them upon the wednesday following . anno . e. . being commanded to deliver their petitions prayed day until the saturday following , and then presented the same . anno . e. . the king requiring a speedy aid , commanded , untill it should be agreed , that all business in the parliament should in the mean time be suspended . petitions of the commons were not alwaies delivered in parliament to the receivers of petitions , but sometimes delivered publickly to the lords themselves , sitting in their upper house , unless sometimes when the lords had finished the charge given them by the king , and had no occasion to sit dailiy in their house , then they were delivered to the clerk of the parliament . petitions also were sometimes in parliament directed to be delivered to the lord chancellor , who might of himself give them such remedies , as the ordinary course of the chancery would . the king usually gave the answers unto bills exhibited by the commons with le royle veult , or le roy's advisera , to ordinary petitions in the granting or denying . the petition of the commons in e. . was answered by our lord the king , the prelates and the grandees of the land , in e. . some by the lords alone . and in the d r. . n. . some answered by the assent of the commons , as . e. . to the article anno . e. . n. . some refered to the kings great councel , as e. . n. . e. . n. . others answered by the kings councel alone , as anno e. . n. . e. . n. . & e. . n. . some referred to the king himself , as e. . n. . . e. . n. . e. . n. . r. . n. . h. . n. . the judges and the kings learned councel in the law , and the lords of the kings privy councel were antiently the standing committees for to consider and examine bills or petitions , but the judges and the kings learned councel at law do now only attend the lords in their committees . all bills and petitions in parliament were formerly directed to the king and his councel . anno . e. . the petitions of the commons were brought before the grandees of the councel . anno. . e. . the commons pray that their petitions may be answered , the which our lord the king made to be read and answered by the prelates , grandees , and others of his councel . the chancellor telleth the commons that the king would ordain certain lords and others after easter , who should sit upon the points of their petitions not answered at that time . the judges are summoned to parliament ad tractandum cum concilio , for so it was explained anno . e. . the praeamble of the statute de bigamies mentioneth the presence of certain reverend fathers bishops of england and others of the kings councel . anno . e. . the parliament was adjourned before receivers and triers of petitions were appointed . although a time was before limited for the delivery of petitions , and the commons were charged touching the maintenance of peace , &c. petitions were sometimes answered by a select number of the kings councel , and at other times all as the king pleased . some petitions were formerly indorsed coram rege , against which the commons petitioned in e. . n. . for that nothing was done upon their petitions , and therefore prayed that they might be answered before the parliament ended . it appeareth by divers answers to petitions in parliament , that the kings councel unto whom they were committed did but report , what they thought fit to be done for answer , prout anno . e. . n. . where it is said , our lord the king caused the same answers to be given to the said petitions , the which together with the petitions were reported in full parliament . eodem anno it was answered , our lord the king commanded answers to be made , the which put into writing were reported before our lord the king , and the prelates , and other grandees . anno . e. . it seemeth to the councel that it be done . anno . e. . divers petitions of the commons being exhibited , a memorandum was entred , viz. unto which petitions it was answered by the king and the grandees , as to the second article , soit cestipetition granted . to the third article il plaist au roy , &c. to the eight article il plaist au roy & au son conseil quae se soit . to the eleventh il plaist au roy , &c. to the th article soient les statutes sur ceo faites tenus , &c. anno eodem the answer was , it is assented by our lord the king , the earls , barons , justices , and other sages of the law , that the things above written be done in convenable manner according to the prayer of the commons in a long petition of theirs against provisions from rome , whereunto the bishops durst not assent . eodem anno the commons exhibited their petitions , which were answered drawn into a statute sealed and delivered unto them sedentibus before the parliament ended , in the same parliament also the parliament exhibited their petitions , which were answered , sealed and delivered unto them sitting the parliament , which was not usual , for the statutes were most commonly made after the end of the parliament . the answer to one of the clergies petitions in this parliament was accord est pur assent du conceil . unto which may be added those of the th year of the raign of king edward the third , which concerned the pope , to which answers the praelates ( who were of that committee ) not daring to agree , the opinion of the temporal lords and the judges were only reported , viz. it seemeth to the earls , barons and other sages , lay-men of the kings councel , &c. anno . e. . il semble a conseil qu'il faut faire pour grand bien si plaist au roy & as grandes du terre . eodem anno , it seemeth unto the king , the praelates and the grandees , that the custom stand in force , the commons having petitioned that the custom of the cloth made in england might be taken away . anno . e. . it seemeth to the councel that such enquires cease , if it please the king. eodem anno , it seemeth to the councel that the laws heretofore ordained ought to suffice , for that this petition is against the law of the land , as well as against the holy church . it seemeth to the councel that it ought not to be granted ( the petition being that no capias excommunicat . should issue before a scire facias to the party et al. hujusmodi , &c. eodem anno , it was answered , it is not the interest of our lord the king , nor of the grantz . anno . e. . n. . it seemeth to the lords and to the grands that the petition is reasonable , eodem anno , it is answered , let the common law used stand , for the lords will not change it . anno . e. . the petition of the commons touching chaplains wages had two answers , the archbishops and bishops at the motion of the king and grandees have ordained , &c. and therefore the king and the grandees have ordained , &c. those two answers are recited almost ad verbum , the prelates first , and then the temporal lords considered of the answer . anno e. . it was answered , the king and the lords have yet no will to change the common law. eodem anno , the commons do require that every mans petition be answered . anno . r. . apud glocester le roy del assent des praelats , dukes , countz , barons , & de les commons de son royalme ad ordeigne , &c. the commons having petitioned that all manner of merchants might have free traffick here . and the like answer was made to their petition in anno r. n. . & . in . r. . upon a petition of robert de mull and his wife touching the discharge of a fine , the king answered , soyent au roy car ceo nest petition du parlement . in anno . r. . robert mull petitioned the commons stiling them by the title of honourable and sage commons in parliament , praying them to be discharged of a fine to the king imposed upon him , and supplicating them to make relation thereof to the parliament , and alledging that his bill or petition had been put upon the file the last parliament , which doth prove that there was no standing committees then appointed by the commons in parliament . h. . the king by advice of the lords in parliament hath committed this petition to his councel . eodem anno upon a petition of the commons for removing of stanks and milks , generally , it was answered , it seemeth to the king and to the lords , that this petition sounds in disherison of the king and of the lords and others , wherefore let the statutes before made be held and kept . eodem anno , it is assented and accorded by the king and lords , &c. anno . h. . the king by the assent of all the lords granteth , &c. touching the petition for taking of tithe of great wood contrary to the statute of e. . whereupon the judges were of sundry opinions ; it was answered , because the matter of the petitioners demands required great and mature deliberation , the king therefore would that it be adjourned and remitted to the next parliament , and that the clerk of the parliament cause this article to be brought before the king , and the lords at the beginning of the next parliament for declaration thereof to be made . in the d year of the raign of king henry the sixth the king by the assent of the lords spiritual and temporal and the commons , granted the contents of their petition in all points . divers other answers given do prove debates to have been in parliament upon petitions betwixt the lords and the kings councel . and saith mr. noy , that grand and very attorney general to king charle 〈…〉 the martyr , who unhappily died before his royal 〈◊〉 had so much need as he had afterwards of his great abilities , or who ever was the careful examiner of many of the parliament rolls and compiler of that manuscript which is honoured with his name , there can be no question made of those or the like answers that they were conclusive , but only reported unto them to have their opinion first , and then their assent by vote after deliberation , which should necessarily precede their assent , and the answerers were properly the lords in the kings name . and the debate was in the kings presence , for , saith he , i have seen the fragments of the journal tempore h. . which directly sheweth that the king himself was present at the debate of divers bills ( or petitions ) that were exhibited to the commons and the parliament , being kept in the kings house , and near his own lodgings . the commons petition that the sheriffs be allowed in their accounts for liberties , &c. unto which was answered , the lords were not advised to assent unto that which may turn to the decrease of the antient farms of the realm , or damage of the crown , for ever , seeing the king is within his tender age. the commons exhibited two bills against the ryots of cheshire and wales , &c. to which was answered by the assent of all the lords and peers , when all the lords and peers in parliament were charged in the kings behalf , whereupon they have of their own good grace and free will promised to aid according to their power . in the th year of the raign of king edward third , divers answers were made accord , &c. not naming by whom , and some were general , with only , let this petition be granted , yet the statute touching pleas to be held before the marshal doth expound the practice of that age , when it saith , that the king by the assent of the praelates , great men and the commons granted the same . in the act for moderation of the statute concerning provisors , the commons are named , and the lords wholly omitted , and yet in the next parliament , anno . h. . upon a complaint of the commons that the said act was not truly entred , the lords ( upon examination granted by the king upon protestation that it should not be drawn into example , and the king remembring that it was well and truly done as it was agreed upon in parliament , ) did affirm , that it was truly entred , taking no exceptions at the said omission , but said , it was entred au maniere come il fuest parlz & accords par le roy es commons . anno e. . the commons petitioning that children born beyond the seas might be inheritable of lands in england , that statute was not inrolled in the same year ; the archbishop of canterbury demanded of all the praelates and grandees then present , whether the infants of our lord the king , being born beyond the seas , should be inheritable in england , the which praelates and grandees being every one examined by himself , gave their answers , that the kings children are inheritable wheresoever they be born , but as touching the subjects children born out of the kings service they doubted , and charged the judges to consider thereof against the next parliament , the petition was entred in the parliament roll. the commons do pray , that where many parceners use an action auncestrel , and some are summoned , and have served their writs alone without naming the others who have recovered , and in the same manner that it may be done of jointenants . to which the king answered , il sue al conseil qu'il foit faire par le mischeif qu' ad esteentiels cas lieur heirs . and therefore saith mr. noy , let the lawyers puruse those parliament rolls , viz. , , , , , , . e. . wherein no statutes at all were made . annis and e. . statutes were made , yet very many of the petitions were not granted , but omitted , and doubts not but they will find divers granted , which demanded novelley , and yet not observed for law , because they were omitted in the statute , and that therefore the commons have petitioned for some of the same things again in subsequent parliaments , which they would not have done ( except touching magna charta ) if they had , had the grant of their former petitions been in force . in the th year of the raign of king h. fourth , the commons do pray that no chancellor , treasurer , &c. nor no other officer , judge , or minister of the kings taking fees or wages of him , do take any manner of gift or brocage of any man upon a grievous pain . to which was answered le royle voet , which being entred in the parliament roll , in the margent was written , respectuatur per dominum principem & concilium , whereby it was not made into a statute , nor ever observed for a law. in the same year they petition against attorneys prothonataries and filacers , which being likewise granted and entred in the parliament roll , hath in the margent also written the like respectuatur , and so no statute made thereon at any time . but in the next parliament h. . the clerks and attorneys exhibiting their petition to repeal that of h. . did alledge that the petition and answer , if they be enacted in manner aforesaid into a statute , and put in execution , would be grievous , insupportable , and impossible , and therefore prayed a modification . to which was answered , let the petition touching the prothonataries and filacers be put in suspence until the next parliament , and in the mean time let the justices be charged to inter-commnne of this matter , and report their advice therein . and the reason is , because an ordinance is of a lower nature than a statute , and cannot repeal a statute , which is of an higher , and that ordinances of parliament are seldom published by proclamation , as the statutes were , whereby the subjects might know how to direct their actions . the statute of e. . being never used or put in practice , was repealed by a bare ordinance in the next parliament . in the statutes or acts of parliament concerning london , anno . e. . and anno . e. . and cap. . concerning coroners and takers of wood , cap. . concerning sheriffs , anno. . e. . cap. . concerning pourveyors , and cap. . concerning attachments , and cap. . concerning treasons , the assent of the lords in the parliament rolls is wholly omitted , and yet the statutes the best interpreters do mention their assent . in the e. . the commons pray that the petitions delivered in the last parliament be dispatched and answered this parliament without any delay , &c. to which the king answered , the shortness of the time will nor suffer that those things be dispatched before easter , and therefore it pleased the king that those other things be dispatched . the king in anno . of his raign greatly prospering in his wars in france , and besieging calice , sent unto his parliament in england to demand a subsidy , putting them in mind of their promise to aid him in those wars with their bodies and their purses , whereupon they granted him two fifteens , the king shortly after informing them of more successes , and that he had granted to the king of france a truce , and demanding another subsidy , and to make them the more willing thereunto , required their advice , whereupon after four days deliberation with the lords , fearing the lengthning of the wars by truces , refused to advise touching the same . the king on the other side received their petitions , but answered them not , and therefore the next parliament the commons petitioning for answers , conditioned with the king in their grants of the subsidy to have answers to their former petitions , and those also which were delivered in the present parliament ; and although they were entred in several rolls , as if they had been answered in each parliament , they were all answered in the latter . and the use and practice was to enter none but such as had been read . in the th year of the raign of king e. . it being demanded of the lords and commons on the behalf of the king , whether he should stay until the business of parliament were finished , or take his journey in hast into the north , they advised him to go hastily into the north , and to appoint another time for the dispatch of the business of the people upon their petitions . the parliament giving a very great subsidy to the king , a condition was assented unto , that the petitions of the commons should be granted , upon which requests and conditions by commandment of our lord the king by the assent of the praelates , earls , barons and commons , a committee of praelates , earls , barons , the treasurer , some of the judges , and ten knights of the shires , six citizens and burgesses , whom the commons should chuse to sit from day to day , as also concerning the petitions of the clergy , and put the same into a statute . the which archbishops , bishops and others , having heard and tried the said requests by common assent and accord , caused the points and articles to be put into a statute , the which our lord the king by the assent of all in the said parliament commanded to be ingrossed , sealed , and firmly to be kept throughout the whole realm . divers things are entred in the parliament rolls which had not the consent of the commons , for that they might have been concluded by the king and the lords without them , yet none such could have been entred , but those which were determined in the open house , and not privately at a committee . the answers to the commons were appointed to be read sedente curia , and a committee appointed to prepare the answers to the rest after easter , and so the clerk having only read those that were answered , the parliament ended , saith the record , in lent. shortly after upon the examination of the subsidy , that it would not answer the expectation , he hastily summoned a magnum concilium in octabis trin. following . where after a further grant of a subsidy , the petitions which were not answered the last parliament being read before the king , grands and commons , the king gave them leave to depart , and so ended the councel . one of the last parliament against impositions upon woolls without assent of parliament is made into a statute . and happily it was answered at the councel and not at the parliament . and if that very age interpreted it to be legally done , we must do so also saith , that learned commentator . anno e. . where the commons having delivered their petitions , and desired answers , it was told them that it pleased the king , if any of them would stay to attend and have answers of their petitions , that the rest might depart , and it was not unusual in those times for the commons to have leave to depart , and yet the lords to stay and dispatch business afterwards , and the same reputed to be done in parliament prout anno . e. . gregory n. . & e. . hill. n . in fine r. . n . & . the commons did pray the king that he would advise to do that ease unto his people which he may well do . and anno . e. . do pray that the statute of westminster the d may be declared , to which the king answered , let the justices and other sages be charged to advise of this point until the next parliament . they pray that the statute for the kings presentment within three years , &c may stand . whereunto it was answered ( probably by the lords ) let the king be advised and do further by advice of his councel that which he shall will to be done . eodem anno they do pray that sufficient men be made sheriffs and abide but one year , as hath been ordained , and that the said office be not granted for life or in fee. whereunto the king answered , as touching the first point , let the statute be kept , as touching the d the councel will advise the king that it be not done , for they be advised that it is against the statute . and note , saith that learned observator , that the king was then beyond the seas , and the lords would not give a direct answer in his absence to what concerned his power to grant an office in fee. the commons shew that the scots entred england in the kings absence , and pray that the prisoners taken in the battel at durham may be so ordered , as the damage and danger happen not again . to which was answered , the king will advise therein with his grands , and by their advice ordain that which shall be for the best , and so do , as the commons shall be out of doubt of that which they suppose by the help of god. which being a matter of state , the lords would not conclude without the king , but leave it to himself and his privy councel . they pray that no royal franchises , lands , fees , advowsons , which belong to the crown , or are annexed to it be given away or severed . unto which was answered , the king will advise with his good councel , that nothing shall be done in this case unless it be for the honour of himself and the realm . eodem anno they do pray , whereas holy church ought to have free elections , the pope doth now begin to give abbies and pryories by resignations , &c. that the king would ordain remedy therein by advice of his councel . whereunto was answered , the king will advise with his good councel . the commons do shew , that whereas the men of the navy have assented to all taxes currant in the land , yet their ships are taken , and many lost in the kings service without any recompence given unto them . wherefore they pray , that the king would be pleased to ordain thereof remedy . to which was answered le roys ' avisera . which being a petition coram rege concerning him and their wages and recompence , the lords referred it wholly unto his majesty . anno . e. . they do pray that no appeals be received of any apellors of fellony done out of the county where he is imprisoned . to which the king answered , that will be to make a new law whereof the king is not advised as yet . anno . e. . they petition against the payment of tithe-wood . unto which was answered , the king and his councel will advise of this petition . they pray , that the customs of the merchants cease , and they make their own conduct . to which was answered , le roys ' avisera , and thereupon will answer in convenable manner . anno . e. . they pray that a justice of the one bench or the other may come twice a year into the counties beyond trent . to which the king answered as touching this point , l' roys ' avisera . which amounted not to a denyal , for the judges went circuit thither afterwards . anno . e. . they pray that none be impeached for making leases for life in time of pestilence , nor hereafter for lands holden in capite without licence of alienation . to which the king answered , this requires a great deliberation and therefore the king will advise therein with his good councel how this right may be saved , and the grands and commons of this land eased . anno . e. . they petition for the free passage of woolls . to which was answered , estoit sur avisement . anno . e. . they pray that a fine levied by infants and feme coverts may be reversed within three years after they come to years , or their husbands death . to which the king answered , le roys ' avisera tanque al procheine parliament de changer le loy devant used . and it was the observation of mr. noy that faithful and learned attorney of his late majesty , that in the raign of king e. . in whose time the answers of le roys ' avisera first began by reason of his being continually in war beyond the seas , the king or his councel had no leisure , or at least no will to answer , & so in time s' avisera became as bad as a denyal , and no other answers given to such petitions shewed , that the king was not pleased to grant them . the commons alledging , that notwithstanding the statute made concerning lands seized into the kings hands by his escheators , the lands after enquest taken , and before it can be returned into chancery are granted to patentees , and before the tenant can be admitted to traverse , the lands are many times wasted , do pray , that none be outed by reason of such enquests until they be returned into the chancery , and the occupiers warned by scire facias to answer at a day to come , when if they do not appear and traverse , and find sureties to answer the profits , and commit no wast , if it be found for the king , and that if any patent be granted , or any thing done to the contrary , the chancellor do presently repeal the same , and restore the complaint to his possession without warning the patentee or other occupier as well for the time past as the time to come . the answer unto which was , the king willeth and commands upon great pain that the escheators hereafter do duly return all their enquests in the term and upon the pain heretofore ordained by the statutes . and further it is accorded by the lords of the realm if it please the king , that before such enquests be returned into the chancery , the king shall not hereafter make any patent of such lands in debate unto any , &c. and that the king of his abundant grace will abstain one month after such return , within which time the party may traverse the office , and that the king will not make any patent of such lands unto any stranger , and if after any be made , it shall be void . but touching that which is demanded of patentees made hereafter le roys ' avisera . it being observed by that worthy observator , that as he conceived the first part was answered by the kings councel , and by them reported to the lords , who added the rest of the answer , if it please the king. and yet the said answer is vacated upon the roll , being crossed all over with a pen , and the reason thereof given in the margent with a contrary hand to that of the roll , which sheweth that it was done after the parliament was ended , and after the said roll was ingrossed , viz. quia dominus noster rex noluit istam responsionem affirmare , sed verius illam negavit pro magna parte dicens , soit usez come devant en temps de ses nobles progenitors roys d angle terre out ad estre use , et ideo cancellatur & damnatur . and there can be no question but this answer ( in the affirmative ) was allowed ( at the least not denyed ) at the time of the royal assent , and that afterwards when the statute was to be drawn up , the king taking advantage of the words ( si plest au roy ) did deny it , and so the roll was vacated . and the councel ( which ought to be intended the kings privy councel , for the lords were the kings great councel , and they or any committee of them assisted by the judges whilst the parliament was in being were at the dissolution or proroguing thereof all gone out of their former power or employ , and nothing ought to debar a king from advising with his privy councel by whose advice , as the writs of summons do import his greater councel was called to assist them as well as himself in the time of parliament , or after it was ended , and whether the one or the other had just cause to advise the king not to grant that petition for it , omitted the finding of sureties to commit no wast , and to answer the issues to the king , which the commons offered in their petition , and the lords , if the king so pleased , that no patent be made to any stranger of the lands in debate , which the commons never desired . but the councel were the willinger to let it pass , because it was in the kings power to deny it afterwards , as he did , whereas , had it been the practice of those times , the councel would rather have kept back the answer , and not suffered it to have been read at the time of giving the royal assent , in the fame parliament ( after the said petition was granted , and the assent cancelled as aforesaid ) the commons delivered openly in parliament a great roll or schedule , and another bill annexed to the said roll containing about articles , one of which remains cancelled and blotted out . and in a petition do pray the king their leige lord and the continual councellors about him ( which can be no otherwise understood than of his constant privy councel ) that of all the said articles comprised in the said roll and schedule or bill , which are in the file of other bills in this parliament , good execution and true justice be done for the profit of the king our lord and his whole realm of england . whereupon after it was said by the chancellor of england on the kings behalf to the knights of the shires , citizens and burgesses there present , that they sue forth their writs ( for their wages ) the praelates and lords arose and took their leaves of the king their lord , and so departed that present parliament . and after the parliament ended , the commons delivered unto the lords two great bills , for the commonalty of great yarmouth , the which bills with the indorsements thereupon made by the lords , were also on the filace . divers bills are there mentioned to be delivered , and some mentioned to have been answered ( as happily all were ) ( saith that diligent observator ) by the lords of his majesties councel after the parliament ended . and therefore no marvel if all the answers were not read on the last day of the parliament , when some of them were not made until after the parliament ended ; and there is a petition directed to the thrice redoubted lord the king in these words following , viz. supplie vos leiges , the praelates , dukes , earls , barons , commons , citizens , burgesses , and merchants , of the realm of england . for magna charta to be confirmed unto them , and for a general pardon setting down the articles thereof , whereof many were granted and many qualified as the king and his councel pleased to answer the same . and it was not the use and practise of those times to keep back any answer that was justly displeasing to the king and his councel , much less any other . for in anno . h. . the commons petition , that none of the kings officers may receive any gift , &c. to which the king answered , le roy le veult . in the same year a petition of the commons concerning attorneys was granted by the king , and both the petitions and answers were ingrossed in the parliament roll together with the rest , which shews plainly , that they were read on the last day of the parliament for the royal assent . yet notwithstanding the kings councel so misliked them , that when the clerk attended with the roll of that parliament , for the drawing up of that statute ( as the manner was ) those two petitions and answers were not thought good to be inserted in the statute , and therefore they did write in the margent of the said roll against the same , these words , respectuatur per dominum principem & concilium , which is written with another hand , [ & si non antea ] le roy le veult , answered to a petition of the commons without a statute made there , is only an ordinance . the commons complain of commissions granted to enquire of divers articles in eyre ( generally ) which have not been heretofore granted without assent of parliament , and of the proceedings of the justices therein contrary to the law in assessing fines without regard to the quality of the trespass . to which was answered , the king is pleased that the commissions be examined in his presence . in the th year of the reign of king e. . the commons pray that their petitions for the common profit , and for amendment to have of mischiefs , may be answered and indorsed in parliament before the commons , so as they may know the indorsement , and thereby have remedy according to the ordinance of parliament . in the th year of the raign of king e. . the chancellor demanded of the commons the last day of the parliament , after the answers given to the petitioners were read , if they would have the things so accorded , mys par void ' ordinance ou de statute qui disoient qui bone est le matere les choses par voydes ordinances & nemy per statut & issint est fait . and yet those were no otherwise drawn up into an ordinance , than only by entring the petitions and answers in a parliement roll. in the th year of his raign , the articles of the clergy being answered , they procured the same articles and answers to be exemplified in such sort as they were entred in the roll of parliament ( which is lost ) without penning the same in any other form , and were afterwards published under the great seal of england , with an observari volumus . in the raign of the same king it was accorded , that no grand of the land or other of what estate or degree soever do make prizes or carriages for the houses of the king , queen , or their children , and that by warrant shall make payment thereof ; and it was ordained by statute , that that accord be cryed and published in westminster hall ; and our lord the king and his councel willeth the same accord be cryed where it behoveth . so as where they prayed the publishing thereof at westminster hall , only the king and his councel added the publishing thereof in london and elsewhere . and the close rolls of that year do declare that it was published in all the shires of england . when an ordinance had its first motion and being in the house of lords in parliament , and agreed on , and was drawn in the form of an act of parliament , it was afterwards to receive the assent of the commons in parliament . in divers parliaments when the commons petitioned for a novel ley , which the lords were willing enough to yield unto , and the king to grant , yet for that the king intended not to make any statute that parliament , those petitions have been deferred to another time , and divers others which did not demand a new law , were granted and reputed for good ordinances or acts of parliament . as when in e. . the commons prayed that in writs of debt or trespass , if the plaintiff recover damages against the defendant , that he have execution of the lands which the defendant had the day in which the writ was purchased . unto which the king answered , this cannot be done without a statute , whereupon the king will advise with his good councel , and further do that which shall seem best for his people . in the same year the commons do shew , that whereas before these times it hath been used , that if lands had been given to a man and his wife , and the heirs of their bodies issuing , and the one dies , no issue having been had betwixt them , the other may commit wast without being impeached thereof , that it may please our lord the king to ordain thereof remedy , and that in such case a writ of wast be ordained . to which the king answered , demurge entre les autres articles dont novel ley est demandez . eodem anno , shew the commons , that whereas a writ of possession doth not lye of tenements deviseable , though they be not devised to the great damage of all the commons , that it would please our lord the king and his good councel , to ordain by statute that writs of possession my lye and hold place as well of tenements deviseable in case where they are not devised , as of others , and that there be saved to the tenants their answers in case that they be devised . whereunto the king answered , let it remain amongst the other articles , whereof a new law is demanded . in the d year of the raign of the same king they do pray , that for that many are disinherited by non claim , although they have good right , and namely , those who are not learned in the law , that non claim be gone and utterly taken away . to which the king answered , this would be to make a new law , which thing cannot be done for the shortness of time . eodem anno , pray the commons , that where a man is attainted at the suit of the party for trespass done against the peer , and the trespasser taken and let by the marshal and his marshals to mainprise , or at large they be charged with the damages . to which the king answered , to put an issue to this article in manner as they pray , it would be to make a new law , the which the king is not advised yet to do . the commons do pray , that the issues and amerciaments of the green wax , be certainly expressed in the estreats , and that the sheriffs be allowed in their accompts for the hundreds granted from the crown , which petitions were referred to the next parliament , for that the king had no leisure , or no intent to make statutes thereof at any time . the roll of the parliament of e. . is lost . in the th year of the said kings raign , the commons do pray , the king to desire the parliament to consider how he might gain the arrears of the first year , and be put in a way for to gain the second year of the said aid with less grievance to the people . but the lords and commons were so exasperated by the excommunication threatened by the archbishop of canterbury against them all , because the king would not admit him into the parliament , and that they required a declaration to be first made and agreed upon , that the peers of the land , whether officers or not , be not bound to answer the kings suit but in parliament , and it was a whole week before the king would agree unto it . all which time the archbishop demanded entrance , standing upon his right as primus par angliae , and required to be admitted upon pain of excommunication . at the last the said declaration being first agreed upon by a special committee of the lords , the king granted it , and presently upon the same day the archbishop was admitted , who demanded tryal by his peers . but as touching the aid for the king , the lords and commons incensed by the clergy , flatly answered , that if the conditions of the grant in anno . were not performed , they would pay none . after which the laity and the clergy exhibited their petitions ( as the manner then was ) severally but petitioning the one for the other , as they never did since or before , except in anno . e. . when the popish clergy had put that great and victorious king also to the like plunge , and their petitions being answered by the kings councel ( who were the standing committee for that purpose ) but the lords and commons disliked thereof , and obtained a special committee of themselves to consider of the same , which being reported and well liked , a statute was made thereupon by a committee of the grands and commons , which being read before the king , and sealed with his great seal , and delivered to the grands and commons , divers of the kings councel , as the treasurer , some of the justices of both benches , the steward of his house and the chamberlain were sworn upon the cross of canterbury to observe the same as much as to them belonged , but yet the said councellors , treasurer , and justices made their protestation , that they assented not to the making of the said statute , nor to the form thereof , neither could they keep the same if they were contrary to the laws and usages of the realm , which they were sworn to observe , which disorderly parliament ending in may , and the king intending not to suffer the said statute to be put in execution , summoned his great councel to meet at london in july following , to repeal the same , but there were so many of the praelates called thereunto , although the archbishop was omitted , that he could not effect his desire therein , wherefore he summoned another great councel to meet at westminster about michaelmas following , whereby the assent of the earls , barons , and other wise men , ( not warning any praelates ) the said statute was repealed . in which statute so repealed , there will appear to have been many inconveniences both to the king and his people , if it had continued in force . the d chapter whereof touching tryal by peers swerved very much from the true meaning of magna charta , cap. . nullus liber homo , &c. for that appointeth his tryal to be by his peers , but restrains it not unto any place , whereas this limits the tryals of the peers of the land to be in parliament only , which would be very inconvenient to the king to wait for a parliament for every offence , and very troublesom to the commons to be so often troubled thither , and no way beneficial for the temporal lords , for they , whether in parliament , or out of parliament , were ever to be tried per nobiles pares . the th chapter had clauses , that the king should place new officers when they fall but by accord of the grands , which shall be nearest in the country , which is directly against the dignity of the king , to be thus limited in the choice of his officers , and prove as inconvenient to the subject , if those grands should not be men of merit . that the king shall take all offices except the judges , &c. into his hands the d day of every parliament , and the officers be put to answer every complaint , and if they be attainted , shall be judged by the peers in parliament , and the king shall cause execution to be pronounced and be done accordingly without dclay , which is altogether unjust and against all right and reason and against the law , to put any man out of his place before judgment and conviction , and against the right and dignity of the crown to bind the king to execute the judgment of the peers ; and it is observable , that it was not in the petition , but was added afterwards by the committee , who drew up the answer to the same , and so was the th clause penned by the said committee much more beneficial for the subjects than was in the petitions or answers . which particulars well considered , no man can blame the king for his dissimulation at that time , and his repeal of that statute . in the parliament of e. . where the king having summoned a former parliament in the year before , and therein pacified the lords and commons so well as they all agreed , that the said statute made in the th year of his raign , should be repealed and taken away , and loose the name of a statute , for as much as it is prejudicial and contrary to the laws and usages of the realm , and to the rights and praerogatives of the king. but for that some articles were comprised in the said statute which were reasonable , and according to the law and reason ; it was accorded by our lord the king and his commons , that of such articles and others accorded in this present parliament , a new statute be made by the advice of the justices and other sages , and held for ever . and no statute being made , the commons prayed the king to have the answers to their petitions in writing in manner of a patent under the great seal of england for every county , city and good town , one patent for the comfort of the people , which the king granted by the advice of the praelates and grands , most of which were the judges , officers of state , and privy councellors of the king , which patent was sealed and entred in the patent roll , under which was written , la charter ensealer pour les communs . after which the king summoned three parliaments in , , and . but no statute was made in either of them . the next statute was made in anno e. . in which year the king had two parliaments and statutes made , but mention nothing by whom they were made , only the commons do pray , that the petitions reasonably prayed by the commons be granted , confirmed and sealed before the departure of the parliament . and in the same parliament n. . the commons praying , that the statute made the last parliament touching reservations , be published and put in execution . unto which the king answered , let the statute be viewed and recited before the councel , and if need be in any point , let it be better declared and amended , as the statute of the king and the realm be kept . by which it appeareth , that the councel penned the statutes . anno . e. . the king summoned a great councel , whither many commons were sent , and it was agreed , that the ordinances of the said councel should be recited in the next parliament . anno . e. . n. . the commons prayed , that the ordinances of the staple , and all the other ordinances made at the last great councel , which they have seen with great deliberation , be affirmed in this parliament , and held for a statute to endure for ever . unto which the king and lords agreed with one mind , so always , that if any thing be to be put out , let it be done in parliament when need shall be , and not in any other manner . and accordingly there is an addition at the end of the first chapter against provisors , as in the statute roll and print , but not in rot . concilii anno . nor yet in the parliament roll de anno . e. . that whole addition seeming to be added by the councel alone , and yet shewed to the parliament for their consent before the said statute was published . and it is observable by that of e. . n. . and this of e. . n. . that the statutes were most usually made long after the parliament ended , although in the parliaments of , . and e. . they were engrossed and sealed in the time of parliament sedente curia . statutes were made when some of our kings were beyond sea , which happened often in the raigns of . e. . and h. . anno . e. . a parliament was held at london when the king was in flanders by his son edward , and the statute made therein was put into the form of a charter or patent . anno . e. . were two parliaments whilst the king was beyond the seas , but no petitions or statutes in either . anno . e. . a parliament was holden in the kings absence beyond the seas by his son edward duke of cornwal guardian of england , but no petition of the commons nor statute . anno . e. . a parliament was held in the kings absence by lyonell the kings son , guardian of england , and divers petitions of the commons were then answered , but no statute made thereof . anno . e. . the king could not be present at the beginning of the parliament , but granted a commission to richard prince of wales to begin the same , et ad faciendum ea quae pro nobis et per nos facienda fuerint . and yet the lords went to the king ( lying sick at sheene ) the day before the parliament ended , where he gave his royal assent unto the answers made unto the petitions , and commanded them to be read the next day in full parliament , but yet no statute was made thereon , notwithstanding the commission , for the commission was but for matters to be done in parliament as the words ibidem facienda fuerint do import . anno . h . a parliament was held in england by humfrey duke of gloucester , the king being then beyond the seas , wherein the commons petitioned n. . that whereas it had been told them by divers lords in this parliament that the petitions to be delivered to the duke of gloucester guardian of england , shall not be ingrossed before they be first sent beyond the seas to our soveraign lord the king to have therein his royal assent and advice , wherefore may it please the said lord duke to ordain by authority of this present arliament , that all the petitions delivered by the commons to the said duke in the parliament be answered and determined within this realm of england during the said parliament , and if any petition remain not answered and determined during the said parliament , that they be held for void and of none effect , and that this ordinance be of force and hold place in every parliament to be held in the realm in time to come . to which was answered , soit avise per le roy. howsoever it may be conceived , that all the petitions with the answers were sent to the king for his advice and assent which of them should be in the statute , and which not , for in that statute consisting of three chapters which was made that year , there are only two of the answers to their petitions determined that is made into the said statute , viz. pet . n. . in the d cap. and pet . n. . in the cap. the commons did not petition for any thing contained in the th cap. neither is there any thing recorded thereof in that parliament roll ; & although one other of the commons petitions n. . for women aliens the widows of englishmen to have dower was granted absolutely , and the petition n. . against retail of sweet wines altogether , and the petition n. . that gascoign wine should not be sold for above d. the gallon were granted with be it as is desired if it please the king. yet neitheir of these petitions are in the statute . the usual time for making the statutes , was after the the end of every parliament , yea after the parliament roll was engrossed , anno . r. . the temporal lords met in the great councel after the parliament was ended , where the clerk read unto them the enrolment of the ordinance in that parliament touching the power of the justices of the peace . at which time it is probable the statute was made , and that ordinance quite altered . anno h. . n. . and . the petitions and their answers agreed on in parliament , are entred in the roll with the rest , which past into the statute of that year , and in the margent was written with another hand , respectuatur per dominum principem & concilium , and neither of those are in the statute , by which it is very plain , that the kings councel met after the parliament was ended to consider of the petitions which were answered , and which of them were fit to be put into the statute , and which not , and when the clerk attended with the parliament roll , the councel thought fit to respite those , and to deny them they could not . and it is evident by the many additions in the statutes and alterations thereof , from the answers agreed on in parliament , that the statutes were made afterwards . and many chapters in several statutes are not at all entred in the parliament rolls , as . e. . cap. , , , . eodem anno cap. . & . . r. . apud westm. cap. . eodem anno cap. . r. . cap. , . & . . r. . cap. . . & . . r. . cap. . . r. . cap. . & . . r. . cap. . & . . r. . cap. . & . anno . h. . cap. . . h. . cap. . & . . h. . cap. . . h. . cap. . the use being for the clerk to bring the bills themselves as well as the roll before the kings councel , who penned the statute out of the original . the statutes were antiently drawn into a form of law , and certain articles out of the petitions and answers . anno . e. . n. . the petition was , quae nul homine soit arcle de trover gents d' armes hoblers ne archers autres quae ceux quite ignont per tiel service sil ne soit ▪ par common assent & grant en parlement par ceo est contre la droit du royalme . unto which was answered , le roy ottroie a cest petition . yet the statute hereupon made omitteth the words , viz. for it is against the right of the realm . the th chapter omitteth the clause in the petition , viz. and not of other fees as have been levied of late . in the same year petition n. . it is prayed , that nul enditour soit mis en enquest sur la deliverance de la enditee nient plus en trespass qu' en felonys ' il soit challenge pour celle cause per celui qu' est enditee . the statute thereupon cap. . is in rot . statut . auxint accorde est que nul enditour soit misen enquest sur la deliverance del enditee de trespass ou de felonys'il soit challenge pour tiel cause per l' enditee . which is more favourably penned for the subject , taking away all dispute , whether the enditor might have been of the jury or not , in case of felony , before the making of this statute . and such kind of alterations happen often . the th chapter of this statute agreeth with the petition , n. . save that after the words presentment , de bons & loy al & du visne , there is added in the statute , ou tiel face se farce , where such act is done which explains out of which visne the presentment is to be . but the print is very false , for there it is said , that it shall be lawful for every man to exchange gold for silver , so as no man can hold the same as exchanged , nor take the profit , &c. whereas in the answer to the petition and statute roll it is , that it shall be well lawful to any man to exchange gold for silver , or for gold or silver , so as no man can hold a common exchange , nor nothing take of the people for the same exchange . the th chapter of that statute anno . is taken out of the answer to the petition n. . and somewhat out of the petition also . the cap. out of the petition n. . and the answer also . the th cap. of the statute of e. . was made part out of the petition and answer n. . and part out of the petition alone n. . and the last part thereof out of the petition and answer n. . but the statute hath more concerning tryals of merchants n. . and for marriners n. . than is in the said two petitions and answers . of the th article of the statute of westm two touching conditional grants , the answer is referred to the judges to advise thereof till the next parliament . the statutes thus drawn into divers heads or articles were shewn to the king , & upon his approbatio engrossed sometimes with a praeamble , & an observari volumus in the conclusion , and at other times without any praeamble at all , and by writs sent into every county to be proclaimed . anno . e. . n. . the king commanded the statute to be engrossed , sealed , and firmly kept . e. . n. . the statutes were read before the king , sealed with the kings great seal , and delivered to the grands and knights of the shire , &c. the statute de tallagio non concedendo , &c. made in e. . is no where enrolled , but is mentioned in the antient collection of statutes , it was sealed and sworn unto by the bishops and great lords . the second chap. that judgments contrary to the said charters , shall be void , is out of the latter part of the fourth article . the third chap. that the said charter shall be read twice in every year , is out of part of the sixth article . the fourth chap. that excommunication shall be pronounced against the infringers of the said charters , is out of the rest of the said six articles . the fifth , sixth , and seventh , chap. against taxes , aids , &c. out of the first , second , and third article , with two savings which are not in the said articles . the confirmation of magna charta & charta de foresta were confirmed under that kings great seal by letters patents . and the great charter of henry the third by inspeximus teste edwardo filio suo . the like confirmation also in of his raign being not enrolled in the statute roll. the praeamble of the articuli super chartas , is false printed , for in the record it is , our soveraign lord the king hath again granted , renewed and confirmed the said charters at the request of his praelates , earls and barons , assembled in parliament . and hath ordained , enacted , and established , certain articles against all them that offend contrary to the points of the said charters . wherein he was enforced by the great lords and the peoples murmuring to omit the salvo jure , which he would have inserted . but at his return from the scottish wars in anno . of his raign , repented him thereof , and procured the pope to absolve him of his oath , for that he was enforced thereunto . the statutes for ireland were directed to the chief justice of ireland to be there proclaimed . anno . e. . the statute of the leap-year , or rather as it is in the record , de modo surgendi de malo lecti , is enrolled in dorso rotuli parliamenti , where proclamations were then usually entred , and directed to the chief justice of the bench. the sentence of curse in anno . h. . was no statute , though proclaimed in the presence of the king and his nobles , sealed by the archbishop and bishops , but not by the king. all other statutes of h. . were proclaimed . in anno . e. . the extent of mannors , and the statute de officio coronator , &c. are not enrolled , nor the statute of bigamy made in the same year , though it was published , and hath the praeamble of a statute . anno . e. . the statute de defensione portandi arma , was sent by writ patent to the justices , and by another writ patent to the treasurer , and barons , of the exchequer to be there enrolled . and eodem anno the statute of mortmain is directed to the justices in banco , to be there enrolled in rot. statute . e. . in the print , the correction of the statute of glouc. is directed in the form of letters patents to the justices , but recorded to be done anno . e. . ro. glouc. anno eodem m . anno . e. . the statute of the exchequer is directed to the treasurer and barons of the exchequer , ro. claus. . e . the statute of acton burnel hath no praeamble , or any form of a proclamation , and yet it is enrolled in ro. stat. m. where there is one clause , that the king shall have one penny out of every pound , to maintain the clerk , and another that that ordinance shall not extend unto jews , both which are omitted . this statute is also enrolled ro. claus. anno . e. . in dorso , which shews the true year when it was made . the statute de circumspecte agatis was but an ordinance upon the complaint of the bishop of norwich . anno . e. . the statute quia emptores terrarum hath a praeamble and conclusion in form of a statute , and yet is not enrolled in the statute roll , the first in the statute roll being that of . e. . the statute of wast is but an ordinance upon a debate in parliament , and the justices commanded to proceed accordingly . anno . e. . the articles for the clergy are the petitions of the clergy , and the answers thereunto are ad verbum exemplified under the great seal , with an observari volumus , and not drawn up into the form of a statute . anno . e. . the statute of carlisle , is by writ sent to the justices of the bench , and sealed in the time of parliament , as may appear by the date thereof at our palace of carlisle . articles concerning the kings praerogative , and the answers thereunto , are only recited , and not drawn up in the form of a statute , and seems to be but an ordinance made in parliament , and the justices of the bench , directed to observe the same , else it had not been registred , saith that very able commentator mr. noy , in our antient manuscripts , the venerable conservators of our statute laws , and otherwise had long ago perished with our parliament rolls , whereof divers are missing of the subsequent times , all of the former to e. . yet the statute roll , from . e. . are extant , but divers statutes omitted therein , even from the said time . . e. . the statute of money made at york , was directed to the sheriff to be proclaimed , it may be for hast upon the approaching fairs . of . e . upon the petition of the commons that merchant strangers might buy woolls freely , proclamation was immediately sent to the sheriffs for that purpose . the revocation of the statute of anno . e. . and the statute against maintenance anno . e. . being acts made in the kings great councel and not of the parliament , were directed to the sheriff to be published , and so was the statute of labourers in the year of that kings raign , and also to the bishops . and all other the statutes of e. . to the raign of henry . were drawn up in the form of letters patents , or with a short praeamble , that the things following were ordained in parliament , and sent with a writ to every sheriff to be published , whereof some remain yet in the tower of london unsent in the time of henry . probably because that about that time the invention of printing was brought into england . insomuch as in those times , . no statute hath been made ( in some parliaments ) although sometimes agreed upon . . many things have been omitted . . many things added . . a statute hath been made wherein the commons gave not their assent . . wherein neither lords or commons assented . anno . e. . the commons exhibited a petition containing articles , which were presently answered , and together with the subsidy grant was made into a statute , sealed , delivered and published , sedente curia . and afterwards in the same parliament they exhibited another petition against provisions from rome , which was agreed and assented unto by the king , earls , barons , justices , and other sages of the law , that the matters contained in the said petition , should be put into a covenable form according to the prayer of the commons n. . & . and yet no statute at all made thereupon . anno . f. . n. . the commons petition against provisions from rome , which was under-written for an answer to the same , viz. it is agreed that the answer to this petition shall be put into the statute , and so the statute was entred by the clerk amongst the rest in the parliament roll ( a thing then usual ) and yet that was not published with the other statutes . for in the next parliament in the same year n. . the commons prayed it might be published and put in execution . anno . r . n. . the commons petition against extortions , was absolutely granted . and notwithstanding the protestation of the praelates to the contrary , it was enrolled , and yet afterwards at a great councel the lords then assembled said , it was not their intent it should be enrolled , and no statute was made thereon . anno . h. . n. . & . two several petitions of the commons were absolutely granted and entred in the parliament roll , and afterwards when the councel met to draw up the statute they were respited . anno . e. . n. . and cap. . tit. collations all this clause was omitted out of an answer to a petition of the clergy , viz. it is accorded by the king , the grands , and commons , that after judgment rendred for the king and the clerk in possession , the presentment cannot be repealed . and there are added in that statute two special clauses for the clergy which were not in the answer . and afterwards anno . r. . n. . cap. . collations , the like clause for the king is wholly omitted , viz. and further , the king willeth , that ratification granted for the incumbent after that the king presented and commenced his suit , shall be allowed hanging the plea , nor after judgment given for the king , but that such judgment shall be fully executed as reason demandeth . anno . e. . n. . the commons petitioned , that the grand charter , and the charter of the forest , and the statute made anno . of our lord the king that now is , touching pourveyors , and the other statute made in his time , and the time of his progenitors , be firmly kept and maintained in all points , and be duly executed according to the law , and that writs be granted to every one who will sue upon every point ; contained in what statute soever . and if any justice or minister be dilatory to any statute thereof made , that so much as he hath done to the contrary be held for nothing , and erroneous . to which was answered , il plest au roy. and yet notwithstanding that petition was thus absolutely granted and agreed upon , the statute made thereof cap. . is only , that magna charta , and all other statutes , shall be kept and duly executed , omitting all the test . anno . e. . n. . they petition that king , that it please him of his grace and majesty , to command , charge and ordain , that the great charter , and the charter of the forest be kept and held in all points , and that the franchises , customs , and liberties heretofore used be held and kept in form as they were granted or used . to which was anwsered , re roy le voet . and yet in the statute thereon , cap . is no more than thus ; it is ordained that the great charter , and the charter of the forest be held and kept in all points , and omitteth all the rest . anno . r. . n. . cap. . the statute is penned much larger for the liberties of the church , than is in the petition or answer , and the salvo for the kings regality , is wholly omitted . anno . r. . n. . cap. . they agree for the liberties of the church , but magna charta , and charta de foresta are wholly omitted in the statute . anno . r. . n. . cap. . touching provisions , the special abuses of the pope are omitted . anno . r. . n. . cap. . in the oath which the justices are to take , the words duly , and without favour are omitted . anno . e. . cap. . & . ( touching aids , taxes and prises granted to the king , but not to be taken for a custom ; and a release for tole taken by the king , for wooll , and a grant that he will not take the like without common consent , and good will ) were agreed by the lords and commons in that parliament , sealed with the kings seal , and the seals of the archbishop , and bishops , who with the kings councel were voluntarily sworn to the performance thereof . anno . e. . cap. . the saving was added by the king and his councel , at the drawing up of the statute , as appears by the words therein , viz. the king and his councel , do not intend by reason of the statute . item cap. . at the conclusion was added a saving for the king. . r. . cap. . for preachers without the commons assent repealed , e. . . & eliz. . the assent of the lords and commons in parliament , one or both expressed , included , or implied in that of king e. . or h. 's grant of the dutchy of cornwal and annexing lands thereunto , do as in the many antient grants of the saxon kings , signify no more than an approbation , and confers neither jus in re , or potestatem dandi vel concedendi ; and so in the case of the entailed , and restored lands , and the honour and earldom of oxford granted by king r. . to awbrey de vere in the th year of his raign n. . and the like may be believed where some things have been done , or grants or charters said and entred in the parliament rolls , to be authoritate parliamenti , which as the judicious mr. noy hath observed , do not without other circumstances prove a common assent of parliament , for that some of the answers to divers petitions of the commons in parliament temporibus r. . & h. . were put upon the files only , and not entred in the parliament rolls . and the same words are in divers acts of parliament , mentioned to be inrolled in the parliament rolls of & of h. . anno . h. . the commons pray , that the most sufficient welshmen of every lordship be chosen to keep the peace , and to answer for all felonies , &c. as they were wont to do unto the conqueror of wales in the time of king edward . to which the king answered , let this petition be committed to the councel to be thereof advised , and the same councel have power to provide remedy therein , according to their discretion by authority of parliament . in the th year of the raign of the said king , the commons prayed the king , that certain petitions exhited by bartholomew verdon , and his companions , might graciously be exploited , per authoritatem parliamenti , whereupon the king by the advice and assent of the lords in parliamenr , and at the request of the commons granted the said petition , as by the endorsement thereof filed amongst the special petitions may appear . but afterwards anno . h. . n. . the commons perceiving those words , ( authoritate parliamenti ) often used by the lords alone in their answers to petitions exhibited to the receivers , appointed by the king , whereby the parties complained of , were oftentimes constrained to answer causes , determinable at the common law , before the kings councel , or in the chancery , exhibited the petition ensuing , viz. praying the commons in this present parliament , that if any man sue a bill or petition , with these words , ( authoritate parliamenti ) and the answer be made , let this bill or petition be committed to the councel of the king , or to the councellors of the king to execute and determine the contents thereof ( whereas the said bill or petition is not by the commons of the land , required to be affirmed or assented unto ) that no man to such a bill or petition , unless the assent or request of the commons be endorsed , be bound to answer contrary to the laws of the realm . unto which was answered , soit aviser per le roy. at the foot of many charters and writs , have been indorsed , per ipsum regem & totum concilium in parliamento , and sometimes , per ipsum & concilium suum in parliamento , and at other times , per petitionem in parliamento . anno . h. . . part pat . n. . pro abbate & conventu de welhow de avisamento dominorum ad supplicationem communitatis . et teste rege apud westmonasterium per petitionem in parliamento & pro l. solut . in hanaperio . anno . h. . n. . the commons pray , that whereas one thomas taynleur approver , had appealed divers honest men very falsly , for which he was drawn and hanged ; it would please the king to grant out writs of the chancery , unto the justices , to cease all process against the party so falsly appealed , which was granted assensu praelatorum procerumque , &c. and the form of the writ there set down and underneath was written per petitionem in parliamento . in publick ordinances the words of ceremony are seldom expressed , only the matter agreed upon is recorded , but the manner and form of the agreement , and by whom in particular , is most usually omitted , yet necessary to be understood , for such was the practice and usage of that age . in cases which require no new law , those acts were seldom entred ; it was thought sufficient if they were on the file prout fitz herberts abridg. tit . parliament anno . h. . n. . neither did those necessarily require the common assent of parliament , for the petitions granted authoritate parliamenti do not prove the common assent , unless they were exhibited by the commons , otherwise they were such only as were delivered to the receivers of petitions appointed by the king at the beginning of every parliament , and they were answered by the tryers then also appointed for the same , amongst whom none of the house of commons , were ever appointed , and those answers , or the matters themselves being heard before the lords in parliament as petitions of great weight and difficulty alwaies were , for such alwaies had the additions of authoritate parliamenti , the first of them beginning tempore richardi . and whether those words be added or omitted , yet such answers ever did and will bind , so as they be not contrary to the laws and customs of the land. there needed no publication of ordinances , touching the chancery , when the chancellor was present , nor concerning the courts of justice , when the judges were present in parliament , neither touching the grievances of the kings ministers and other officers , for some of them were ever present in parliament . and the commons were so careful to have their parliament rolls engrossed as in d henry . n. . divers days before the end of the parliament they did by their speaker beseech the king that the business done , and to be done in this parliament , be enacted and engrossed before the departure of the justices , whilst they have them in their memory . unto which it was answered , that the clerk of the parliament should do his endeavour to enact , and engross the substance of the parliament , by advice of the justices , and after shew it to the king and lords in parliament to have their advice . by which it appeareth , that the parliament roll was not drawn up by the clerk alone ex officio , but with the advice of the justices ; and although it was here said , that it should be afterwards shewed unto the king , and lords to be approved of by them , yet it is not to be thought that the king and lords did usually examine the same , but the judges advice was usually had therein , how else could the commons require the same to be ingrossed whilst it remained in the judges memory ? the parliament roll of . e. . for the creation of his son prince edward duke of cornwal , and annexing lands thereunto is lost . but in anno . h. . the commons exhibiting their bill in parliament in the behalf of the prince to be made duke of cornwal , did recite that grant of king e. . to have been made by the kings letters patents , and pray that the lands which were annexed might not be aliened , and that which had been aliened , reseised . annis . & . h. . n. . the speaker in the name of the commons prayed the king and the lords in parliament , that certain of the lords spiritual and temporal whom it pleased them to appoint , and a certain number of the commons whose names he had written in a schedule or any . . . . . or . of them might be at the enacting and ingrossing of the rolls of parliament , and that his prayer and petition might be enacted of record in the roll of parliament , which request the king graciously assented unto . anno . h. . n. . the commons agreed , that the king might moderate the statute against provisors . anno . h. . n. . they complain to the king , that the same was otherwise entred in the parliament roll , than was agreed on by them , and that it might be examined , which the king granted , but upon protestation that it should not be drawn into example . whereupon the lords spiritual and temporal , and the justices , and councellors of the king , being severally examined in full parliament , in the presence of the king , and all the commons , testified that the said moderation was duly and justly entred and enacted in the parliament roll , in manner as it was spoken and agreed on , by the said lords and commons , the which entring and enacting so made the king remembred to be well and truly done as it was agreed on in the last parliament . so careful were the commons of the parliament rolls , the only treasury of those publick ordinances , and yet never petitioned touching the roll of statutes , nor to be present when they were made , for they knew full well that that did belong meerly to the king and his councel . but only did put his majesty in mind in anno . h. . n. . that the statute ought not to be drawn up contrary to the meaning of the petitions which were then granted , and afterwards to prevent that inconvenience , they themselves framed their bills in form of a statute , which order continueth to this day . anno . e. . the petition of hugh audly and margery his wife concerning the lands of the earl of cornwal exemplified , was exhibited in the parliament at york at michaelmas , and answered in the next parliament at easter following . some had writs out of the chancery for the setling and confirming of what was granted to them by parliament prout anno . r. . for livery to be made to awbrey de vere of the lands entailed unto him . the act of parliament of e. . being granted and published with a saving to the right and praerogative of the crown , was afterwards upon the murmuring of some of the lords and commons against that proviso , republished without it . statutes were not enrolled , until the king had allowed thereof , and commanded it to be ingrossed , sealed and kept . things perpetual were made into a statute and temporary into an ordinance , or signified by letters patents . in the parliament of e. . a statute was in a manner extorted from that glorious king , and a special committee appointed to pen it , against which the kings councel protested , and the king by his proclamation or declaration revoked the same for that he assented not , but dissimuled , which remains upon record to this day to that kings great dishonor , if not rightly understood . which that great attorney general mr. noy undertook to clear in this manner . the commons having granted the year before a very large subsidy to the king toward the french wars to be paid in two years under divers conditions , and the statute drawn up by a special committee of lords and commons , who took great care that the king should be duly answered the said grant , and the subjects enjoy his majesties graces in those conditions expressed , and the king going into france with full confidence to receive the said money accordingly , but being abused by his officers that which was paid so spent as little came to his hands , so as for want of money he was enforced to accept of a truce when he was in probability of a great victory if not of the conquest of all france , whereupon returning suddenly , he fell first upon the officers , who excusing themselves , laid the blame upon the collectors , which caused the king to send out strickt commissions to enquire thereof . but he was most incensed against the archbishop of canterbury , who had encouraged him to those wars , willing him to take no care for treasure , because he would himself see him abundantly furnished by the said subsidy , which failing , and the king understanding that the pope sided with the french , mistrusted the praelates in general , but especially the archbishop , and reprehended him sharply for it , who presently complained of manifold violences against the liberties of the church and english nation comprehended in magna charta ; and thus the clergy incensed the commons against the king and the commissioners , which he had appointed to enquire of the abuses of the collectors , who had enquired of divers matters in eyre beyond the limits of their commissions , which bred such ill humours in the lords and commons , as when in the th year of his majesties raign , when he had in parliament shewed the necessity of the french wars , and that the aid granted him the year before was withheld and ill spent by his officers , and therefore desired the parliament to consider how malefactors might be punished , and the law kept in equal force both to poor and rich , the commons delivered up their advice in writing for a commission , to be directed to the justices in each shire , d' oyer & terminer these matters in general . but the king , the praelates and grandees thought fit to add articles of the said enquiry , and therefore they delivered unto the commons certain articles which were ordained by the said praelates and grandees , for them to advise , and give their assent . the which being viewed and examined by them , they assented that good justices , and loyal , be assigned to hear and determine all the things contained in the said articles , for the profit of our lord the king. the assent of the lords is many times omitted to be entred , and so likewise hath many times been that of the commons . in the same year the commons exhibited their petitions for the confirming of a statute made in the th year of the said kings raign , which was general n. . and in general for all statutes , and the other special n. . for that in particular . and yet in the same th year an ordinance was entred n. . viz. item accordez est & assentuz , that the statute made at westminster in the quindena of easter in the year of the raign of our lord the king the th , be wholly repealed and gone , and loose the name of a statute , which was without any mention either of lords or commons . in the th year of the raign of the said king , the dukes , earls , barons , and commons , conferring together by the kings order touching the exactions of the pope in the white-chamber ( now called the court of requests ) assented , if it please the king. anno eodem in the , , , & . chapters of statutes made in that year upon several ordinances entred in the rolls of that year n. , , & . no mention is made therein either of the lords assent , or the commons , though both are mentioned in the praeamble of the statutes . anno . h. . the cruel bill for the burning of hereticks , beginning in the lords house , and exhibited by the clergy , was written in latine , and so was the long answer to the same , and all and one in the same phrase , and no mention made of the commons assent . anno eodem a bill was exhibited by the clergy into the lords house against a bull from the pope to discharge the possessions of the cistertian monks from the payment of tythes , which being there answered , was carried to the commons by the archbishop of canterbury himself , to have their assent , and told them , that the king and the lords were attended upon with the answer to the same , and afterwards the commons came before the king and the lords in parliament , and made divers requests , and amongst others shewed that the archbishop of canterbury delivered them the petition touching the order of cistertians , to which answer the said commons agreed . eodem anno the commons did shew , that whereas the king had ordained a staple at bruges in flanders merchant strangers did by land or sea bring their wooll thither to the great profit and encrease of the price of wooll coming thither ; the town of bruges hath for their own profit forbidden the bringing of wooll thither as they were wont to do to the great damage of the merchants of england , and of all the commons , whereof they do pray remedy . unto which was answered , it is advised by the praelates , grandees and commons of this realm , that the pention is reasonable . the commons petition against the subsidy of s. for every sack of wooll granted by the merchants . unto which was answered , for that our lord the king for great necessity which yet endureth and appears greater from day to day did do it , which being shewed to the grandees , and commons in this parliament assembled on the kings behalf , the said lords and commons by common assent , have granted the said subsidy . the parliaments or great councels were heretofore very short , and dispatched in a few days , having the matters ( which were alwaies extraordinary ) appointed or declared by the king to be treated of . and there are divers answers to petitions which cross or add to the prayers of the commons , whereunto their assent is not specified , and yet the statutes thereupon made do mention it . for the price of wines , a report of a former statute is not in the petition , but in the answer only . and it should be remembred that although the house of commons in parliament , have been often of late times only said to have been the representing of some part of the commons of england , & those that were as aforesaid elected and admitted into the parliament , have in their petitions to their kings for redress of grievances , stiled themselves no otherwise then your pravrez communs , and leiges , yet it was never intended , or could be of all the freeholders or people of england , or in the latitude of the word represented , which is over extended . § . what is meant by the word representing , or if all , or how many of the people of england and wales , are , or have been in the elections of a part of the commons to come to parliament represented . for the nobility , the proceres and magnates , and the bishops , and many abbots and pryors were always summoned apart to our parliaments , and never represented by the commons , the consent of the universality of the people being in and before the th year of the reign of king henry the d included in the king , and the lords spiritual and temporal , the tenants and knights fees of the lords temporal and spiritual , not a few were not represented , when with those and their dependancies they so over-powered king h. . in a parliament at oxford , as to inforce him to yield unto those provisions , which afterwards proved to be the fatal incentives of an ensuing bloody war , and the seminary of many commotions and contests betwixt some of our succeeding kings and their subjects in their after generations , those only excepted being tenants paravail , who held their lands subordinately of the tenants that were mean , to those that held their lands of the lords spiritual and temporal , the majores barones , holding of the king in capite , with multitudes almost innumerable of copy-holders , lease-holders , tenants at will , or sufferance , villani or bordarii , le menu peuple et de busse condition , were exempted by order of parliament , as represented by them and no other , and always used to be so , the almost numberless herd of monks , fryers and religious persons , and their revenues , servants , tenants and dependants , were not , nor could be represented , but freed by the kings orders in parliament , from payment of the commoners wages that came to parliament by two several necessary sorts of priviledges and immunities , instead of many more which they claimed , the religious and monastick people of the nation , with their very large possessions and revenues , before the dissolution of them in the reign of king henry the th . and king edward the th . being rationally to be accounted little less than a full th . part of the lands of the kingdom , the secular clergy ( always giving subsidies apart by themselves ) being almost , were represented by the bishops or convocation of the clergy , the tenants in antient demesne , or of the great number of the tenants of the kings annaent demesne proper and largely extended royal revenue that should be , which before they were granted or aliened away by our kings , like indulgent common parents to their almost every days craving subjects and people , or in rewarding , and incouraging publick and great services , done or to be done for the common-wealth or publick good , which were very large and diffusive through all the parts of the nation , and the clerks of the chancery beneficiate , as most of them antiently were , and the judges , kings council and officers attending the honourable house of peers in the like condition , and should be exempted , although by length of time , custom , indulgence or permission , they have been since the original of the house of commons , in the th . year of the raign of king henry the d. ( which was then no more than our embrio , and from thence discontinued until the d . year of the raign of king edward the first ) charged and made contributary to publick aids and necessities , and the largely priviledged county palatine of lancaster , having heretofore comprehended in it the three great earldoms of leicester , derby and lincoln , with their largely extended revenues , was not at the first represented , but did forbear the sending of members , the remainder whereof is now a great part of the kings revenue , the whole county palatine of chester with wales and its provinces , had none until the raign of king henry the th , nor the county palatine of durham , and the burrough of newark upon trent , until some few years ago : arch-bishops , bishops , abbots , pryors , religious men and women , and all that have hundreds of their own ( as very many have by grant from the crown ) are by the statute of h. . exempted from coming to the sheriffs torn or county court , and so not intended to be electors or elected . the kings very large should be demesne lands and crown revenue , and that of the lords spiritual and temporal , and the many other before mentioned exempted . and the records of the house of peers in parliament , have often told us , that many times when the commons gave subsidies , they did it by the assent of the lords spitual and temporal . and as a very learned divine of the church of england , ( there being many pseudo-protestant divines that are not of it ) hath well remarked there is no subject of the kingdom of england , represented in parliament by the commons thereof , but as subordinate to the king , and to join with him , and the lords in their as-assent and approbation ( not against him or either of them ) in our kings and soveraign princes making of laws for the good of the kingdom . for repraesentare , is no more than locum implore autoritate vel vicaria potestate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ita iotis , est exhibere vi quàdam juris praesentiam ejus qui revera non est ; budaeus definit esse repraesentationem per figuram facere , & imaginario visu rem ipsam repraesentare ; locum implere , loco sistere , loco praesentis sistere , & repraesentatio quaedam imaginaria . and being but commissioners , special attorneys , or procurators of some part of the lay-commonalty , and freeholders ; not of the copy-holders , lease-holders , villains or bondmen , servants or apprentices , could not by their indentures , letters of attorney , or procurations with any reason , truth , understanding , or propriety of speech , be believed to represent for them , that never delegated or authorised them , or to act beyond the purpose or design of those that elected , sent or imployed them , nor can make it to be any thing more than an aenigma , or riddle with some hidden and inveloped sense or meaning , not to be comprehended in the genuine , obvious or proper meaning , sense or construction of the word repraesent , for who can without a great weakness , failing or error in his judgment , think that they could by any tentering or straining of the word , make all the several kinds of people , that sent them in obedience to the direction of their kings writs or orders , to impower them whilst they sate in the house of commons in parliament , to sentence , condemn , fine , arrest , imprison , banish , or sequester any of those that they pretended to represent , when the praedecessors of those that would be masters of such a latitude , did in parliament , in the d year of the raign of king edward the third , when a tax or aid was proposed for the king , ( being the first , and only end , for which they were elected and sent , ) make it their request to the king , to give them leave to go home to their several countries and places , to advise before hand with those that sent them ; otherwise the pledges , or sureties which every member of the house of commons being to give their county and place whom they would represent as their procurators or attorneys , are to be well heeded , and cautiously taken for pledges or security , well watched in their doings , and not left to trick and purchase to themselves , by unlawful encroachments , an arbitrary and illegal soveraignty , which the laws of the land never allowed them , and their masters the counties and places that sent them could neither give or intend , for nil dat qui non habet , as being never able to give them complextly or singly their diversities of powers or interests present or to come , other than such as the intent and purport of their writs of election & commissions allowed , when the devil with a pair of spectacles , cannot find in their indentures or procurations , any commission either by the king , or those that elected them , other than to do and perform such things as the king , by the advice of the lords spiritual and temporal in parliament , should ordain , but not to make war against their king , and murder him , plunder , and destroy their fellow subjects and masters , that elected , and sent them for better purposes , neither can they , or any of their record-massacring champions , ever be able to prove that the lords spiritual or temporal , did , or could transfer unto them their power representative in parliament , which without the authority of the king that gave it , is not transferrable . and when there were but counties , cities , and towns , that sent knights , citizens , and burgesses , to parliament , in the latter end of the raign of king edward the first , were but almost one part of three that could be truly esteemed representers of many of the commons ( too many having been since only added by corruption of sheriffs and otherwise ) it could never be intended , or at all possible , or so much as probable , as all could be freeholders or otherwise , within the true meaning and intention of the word representation , or represent applied to the house of commons , or any particular member thereof , was until our late factious , and seditious times , never found in any of our parliament rolls , records or memorials , which hath lately been made to be very large , and drawn into a factious and seditious extent and interpretation . for the parliament being only the kings great councel ( not of the people his subjects ) upon special emergent occasions concerning the weal publick in the defence of the kingdom and church , all offences committed against the members of either of the houses siting the parliament , or in their coming or returning , are by law to be prosecuted , and punished in the behalf of the king , and in his name , and by his only regal authority , ( and the prison of the tower of london , is the kings by a long possession , but none of the peoples ) as it was adjudged in the raign of edward the st in the case of the priviledge of the earl of cornwal , and long after that , viz. in the latter end of the raign of king henry the th , in the case of the lord cromwel and tailbois , and in the extraordinary forcible riot and trespass committed in the th year of the raign of k. richard . upon the goods , lands and servants of one of the knights of the shire of cumberland sitting the parliament , whereupon that king upon his complaint directed a writ or commission to enquire , and certify the fact , directing the sheriff of westmorland , by a jury of his county , to attend them therein , and those that were found offenders , to arrest and bring coram nobis & concilio nostro ( not the house of commons in parliament ) in quindena sancti michaelis , with a nos talia si fuerint relinquere nolentes impunita , upon which mr. pryn observeth , that the king upon that complaint did not presently send for the offenders in custody by a serjeant at arms ( as the commons of late times have done ; ) and did the more , as he saith , urge that record and precedent to rectify the late irregularities , of sending for persons in custody upon every motion and suggestion of a pretended breach of priviledge , to their extraordinary vexations and expence , before any legal proof or conviction of their guilt against the great charter , and all ancient precedents and proceedings in parliament , further evidenced by him , to appertain only to the king , by the commons own petitions from time to time in several parliaments , in the raigns of henry the th , henry the th , and edward the th , in the cases of chodder , atwil , dome , colyn , &c. and that it was expresly resolved and declared to belong only to the king , by his writs of priviledge , supersedeas & habeas corpora issued out of the court of chancery , to deliver members of parliament , or their servants imprisoned , or taken in execution against the priviledge of parliament , for in the great debates and arguments in the house of commons in the case of fitz-herbert in the th year of the raign of queen elizabeth , when sir edward coke was speaker , it was at the last concluded that it was meet that the whole matter should be brought before them by an habeas corpus cum causa issued out of the chancery , and there to be returned , since no writ of habeas corpus , nor yet of priviledge could be returned into the house of commons , but only into the chancery or lords house , as writs of error were , whereupon the speaker attending the lord keeper of the great seal of england , pressed for a special habeas corpus , with a clause to be inserted therein , that fitz-herbert existens de parliamento captus suit , &c. with a recital of the cause of priviledge , who upon conference with the judges , would not assent thereunto , and resolving not to depart from the usual form , issued out the writ to the sheriff returnable in chancery , who bringing the body of the prisoner , and certifying the cause of his imprisonment , the lord keeper sent the sheriffs return of the habeas corpus to the commons house , the chancery men who brought it , being ordered to read it , which they did , with the writ thereunto annexed , whereupon mr. dalton argued , that the house had no power to deliver him , he being not arrested sedente parliamento , but before it sate , and that in a point of law whether in this case he ought to be priviledged , the commons house ought not to pass any vote therein , but ought to advise with , and receive instructions from the judges of the realm , whether in this case by the law they could grant priviledge , which being seconded by sir francis bacon , and thirded by sir edward coke , it was ordered that fitz-herbert should appear and be heard by his councel the next morning , and that the advice of the judges should be had therein , which being bad , the judgment of the house was , that he was not to have priviledge , for three causes , first , because he was in execution taken the same day of his election ; secondly because it was at the queens suit , which was the grand reason ; thirdly because he was taken neither sedente parliamento , nec eundo , nec redeundo , and mr. pryn likewise humbly conceived , that in case of any member of parliament arrested , their only legal means and remedy was , and is by a writ of priviledge out of the chancery . in the journal of the house of commons in parliament , anno . e. . there is an order entred that if any member require priviledge for him or his servant , he shall upon declaration have a warrant , signed by the speaker to obtain a writ of priviledge , after which as on the same day follows a special entry of a vote of the house of commons in these words , for that william ward burgess of lancaster had obtained a writ of priviledge out of the chancery , without a warrant from the house , it is committed to mr. mason , mr. hare , and serjeant morgan , to examine , and certify , whence it is apparent , saith mr. pryn , ( their old friend ) that the house of commons in that age did not use to enlarge their arrested and imprisoned members , by their serjeant at mace , and own orders , but only by special writs of priviledge issued out of the chancery under the great seal of england , according to the practice and usage of former ages , that the house was first to be informed of the arrests , and thereupon to order their speaker not to grant a warrant directed to the lord chancellor , ( not as their subordinate or coordinate soveraigns ) to issue a writ of priviledge to them , if he saw cause , and in case of servants of a member of an house of commons in parliament arrested or imprisoned , the master was upon his corporal oath , to prove that he was his real moenial servant , who came along with , and attended on him before he could be released by a supersedeas , and writ of priviledge out of the chancery ( being the court of the king , not of the house of commons in parliament , ) one member of the house of commons in parliament assaulting another , is a breach of priviledge , and of the peace , for which he may be imprisoned until he find sureties of the peace ; and in the case of george ferrers , a member of the house of commons in parliament , reported by mr. crompton , the house it self appealed to king henry the th for his deliverance : and although they do represent some part of the commonalty , yet it is within limits and boundaries so little to be transgressed as our laws , constant customs and usage of parliament have una voce constantly affirmed , that there can be no allowance of priviledge of parliament in cases of treason , felony , or trespass . and being so subordinate , and tyed up as to themselves by our laws , antient customs and usages , and their own oaths of allegiance and supremacy , ought not surely to think that the power of representing for some , can be by a limited commission or procuratorship enlarged to all that an authority to represent in the doing of one single act , or consenting thereunto can give them a liberty to do what they please in every other matter , and even in contraries against duties enjoyned by their oaths of allegiance and supremacy and that when antiently , and of long continuance , ( now altogether disused ) they were to give sureties or pledges to their counties or places to perform their trusts , it was not to imprison , sequester , starve or ruine , or make rebels & traitors those that gave them their letters of attorney , substitutions , or procurations , and cannot but understand that an attorney or transgressor wilfully damnifying those that commissionated them , are by common law , reason , and equity damna resarciri , and make amends , that jure gentium leagues even made by embassadours in the behalf of their princes that sent them , contrary to their mandates or instructions have not seldom been avoided or altered , and that it was adjudged in the case of mendoza the spanish embassadour plotting treason here against queen elizabeth , that he was not to be allowed the priviledge of an embassador , for that illiciti non est mandatum . for did they represent those that within their bounds they did truly and properly represent , they could not arrogate a power without the king , to unelect or remove those that came thither elected by their own counties , cities , and burroughs , not by any power or authority of their own , but by virtue of their kings writs , nor order the clerk of the crown ( the kings officer , and none of theirs ) to raze their names out of the record , a matter which our laws and parliaments themselves have ordained , to be without exception highly criminal , and it may be an everlasting problem how the members chosen by one county or city should be put out by another , that were strangers or forreign unto their election , and were not commissionated to expel or justle out one another , ( for so might cornwal , wiltshire , and the county of sussex , who do claim a multiplicity of members in the house of commons in parliament be praedominant , and out-do all the rest in benefiting themselves , or hindring whom they list ) or by what authority they do now of late ( for before , or in the raigns of king henry the th edward . queen mary , queen elizabeth , king james , king charles the martyr , and all their royal progenitors and predecessors ever since this kingdom was and hath been , and should be a monarchy of above one thousand years , it hath been never heard of , that strangers whom they would be thought to represent , and sometimes their own members , or those they do not represent , must , when they receive their sentence or censure , as it is stiled , from them , who have no judicative power , but were only elected ad faciendum & consentiendum unto those things which should be ordained by the king , by or upon the advice of the lords spiritual and temporal in parliament , constrain to receive their sentence of expulsion , if they be members , or punishment , if otherwise , upon their knees , unless they will claim to be a soveraignty , which their oaths of allegiance and supremacy , all our laws , records and journals of parliament , and our annals and histories , and the usage and customs of neighbour nations , kingdoms and republiques , have hitherto contradicted ; or if it shall be said , that it is in regard that the king is supposed to be virtually there , and always believed to be present , our laws , records , annals , and reason and truth , will make hast to confute them , that it would be absurdissimum ab omni ratione remotum , & nullo exemplo in anglia usitatum , for that the king is , we hope , no commoner , or member of the house of commons in parliament who come thither as his subjects , and sworn to obey him and his successors , under their oaths of allegiance and supremacy , was not elected at all , or to be there for his place , and his throne and chair of state is in his house of peers in parliament , to whom he sends , which he usually doth in the time of parliament , to come to receive his commands and directions , and cannot surely at one and the same time be supposed to be in two places , or to send for himself to come out of the house of commons to himself into the house of peers to hear what himself would say unto himself , for when in other cases it hath been said that the king is by our laws intended to be vertually or personally present in his courts of justice , it it is not personaliter , but authoritative , where sentences or judgments are not received upon the knees , neither in the ecclesiastical courts where the bishops in the name of god and as the church do only give their sentences , and make their decrees without the majesty or ceremony of kneeling unto them to be performed by those that are concerned to obey the condemnation , & it may be a quaere harder to unriddle than many of those of sphinx , how it can consist with the reason of such a repraesentation , that they whom they would seem to represent , should be petitioners unto themselves , and that if any of the county or place represented shall commit any offence against any single member of the house of commons representing for another county or place , as for breach of priviledge , or for words , &c. the persons of the other province or place must be punished , and come upon their knees , and not they that represented them & a warrant sent by their speaker , for the kings writ to the county , city or place , to elect another in that house , and might have done much better to have hindred it . or if any freeholder , gentleman or clown that elected them were not before accustomed to be kneeled unto as by an adoration , how these enlightened over-lofty members can compel men to adore and kneel unto them under a colour of representation , when those that they would have believe that their new-found representation , with an adoration designed to be entailed upon them , would have been ashamed to have it to be done unto them , and durst never claim or own it in their own counties or places that elected them , and might be abundantly satisfied , that neither the kings writs , or their election , indentures , letters of attorney , procurations , or any praescription , or supposed priviledge of parliament , could entitle them unto such a kind of majesty , or how they that are no judicature or court of record , and have no power to give , or administer an oath to witnesses , can escape the blame or censure of magna charta , and all the laws , right , reason , and rules of justice and equity to be parties and judges in their own cases , or enforce their fellow subjects , and not seldom of better births and extractions to receive upon their knees with adorations their unjust dooms and sentences , when better tryed criminals in the court of kings bench , where the king as a judge is supposed to sit himself , do not likewise in his other courts receive their judgements upon their knees , but only when they receive the kings pardon in rendring their thanks unto him . but should rather remember , that the angel in the apocalipse would not suffer st. john to kneel unto him , and that the often sawcy plebs or vulgus of rome could be content with the exorbitant power of their tribuni plebes in their intercessions for laws , without any the adoration of kneeling , nor are there to be found any records or presidents in england , or any scrap of law or reason that any of our kings in their licensing any of the speakers of the house of commons , should give them any power or priviledge to eject any of their fellow members , and make them on their knees receive uncivil and ungentleman-like words , such as mr. williams a late speaker of the house of commons in parliament was pleased to say unto sir robert peyton knight , being commanded and enforced to receive his lawless ejectment upon his knees in these words , go thou worst of men , the house hath spewed the out , or after such an insolence to require the kings clerk of the crown to make out a warrant in the kings name to elect another member in his place . and our england , nor any other civilized part of the world , have yet found such a parcel of representatives or deputies that can think themselves so to be entituled ( as the author of the character of a popish successor in this kingdom of england hath been pleased to grant unto them ) to that which they would willingly stile their own royal inheritance and sacred succession of power , when they are not as embassadors , repraesenting princes , sent unto , or treating with princes , but as procurators or attorneys employed by those that are , nor ever were more than subjects their ne plus ultra . or by what art or refined chymistry was such a majesty entailed or infused into them when kelsy a body or bodice-maker and barebone a fanatick letherseller were members , or what or whose charters or letters patents , have they to entitle them thereunto , when sir edward coke a learned lawyer , gives them no greater title than that of a grand enquest , and mr. william pryn , that adventured body and soul for them , and with great mistakings joyning them in a supremacy conjoynt with the house of peers in parliament , abundantly found fault with them in taking too much upon them in other matters , when those designs of majesty were not arrived or let down from heaven , as the figment of the anciliae at rome was believed to be , or how could the commons in parliament charge ( as they did so unjustly and wickedly ) king charles the first for coming unarmed without any guard to seize pym , hambden , haselrig , and the rest of the five members , and kimbolton , then , and long after , guilty of high treason , if he were then in the house of commons in his politick or personal capacity , a distinction which the master of hypocrisy and lyes had taught them when in several of his battels in the defence of himself and his loyal subjects , weemes a prefidious scot and others levelled their cannons at him with perspective glasses to be sure to hit him , a method which david had not learned when he found saul sleeping , and was afraid to touch or kill the lords anointed , and never left persecuting him until they had cut off his head , and murdered him in both his capacities , which did not serve for a plea in the case of cook , hugh peters , and other his justly condemned murderers , who had not then the impudence to plead or rely upon such a parcel of devilism , when they might know that the politick and personal capacity of a king , or any subordinate magistrate were so conjoint and inseparable , as in articulo mortis , that part of kingship or magistracy could not be severed from the natural , unless it were in such an apparent and publick manner as in the self-deposing and renunciation of our king richard the d of charles the th emperor of germany , retiring into a monastery , or as some of the ancient kings and princes of france were when they were cheated of their kingly power , and forced to be shaven as monks , and put into a monastery . and that notwithstanding the house of commons new-fashioned way of their own framing , since the raign of queen elizabeth , of making their own committee to find out and determine such priviledges as they would claim , and have , they might have discovered that in the court of kings bench in the case of richard chedder a servant to a member of the house of commons in parliament being in his coming to parliament beaten and wounded by one john savage , the record declareth , that , videtur cur quod non est necesse quod inquiratur per patriam quae dampna praedictus richardus chedder qui venit ad parliamentum in comitiva , &c. et verberatus & vulneratus fuit per johannem savage sustinuit occasione verberationis , set magis cadit in discretionem justic ideo per discretionem cur consideratum est quod dictus richardus recuperet . dampna sua ad centum marc . & similiter centum marc . and though he was a servant to a member of the house of commons in parliament , was committed to the marshal , quousque sinem faciat cum domino rege per minatoriis datis juratoribus appunctuat . ad inquirend . and if there had been any priviledge due to the members of the house of commons in parliament besides , and other than that which their speakers do at their admittance by our kings and princes claim in their behalf being no more than freedom of access to their persons , and from arrest of their persons and moenial servants ever since , or in the year of the raign of king edward the first ; for in the th year of the raign of king henry the third , when that king was a prisoner to simon montfort , and his partner rebels , those few that were sent as members of that , not to be called a parliament , claimed not any priviledges from the beginning of our verily long lasting monarchy , until that their distempered and unhappy framed writ for the election of knights , citizens and burgesses to come to parliament in h. . nor can it be made appear that any of the commons were before ever elected to come as members of parliament ( the writs ex gratia regis allowed for the levying of their wages , being no priviledge given by the king , but rather the gift and wages of the counties and places that elected them . ) and the priviledges of the lords spiritual and temporal , besides those of the earls , and higher degrees of the nobility , whose patents and charters about the raign of king richard the d gave them their priviledges of having vocem locum , & sedem in parliamento , & concilio generali regis , and before had their titles of earls by a charter of the third penny or part of the fines and amerciaments of the county of oxford , as the creation of alberick de vere earl of oxford by king henry the d hath demonstrated , and some authentick historians have told us , that king john made two earls , per investituram cincturae gladii , who waited upon him immediately after as he sate at dinner gladiis cincti , and by reason of the grandeur and honour of their estates and priviledge to advise their king , needed no protection from arrests , and their ladies and dowagers do enjoy the like priviedges , and when they should in extraordinary affairs be summoned to parliament to be advised withal by our kings , whereunto when they were travelling through any of his forrests , they might kill a deer , so as they , or any of them gave some of the keepers notice thereof by blowing of an horn and leaving a piece thereof hanging upon a tree . a baron may speak twice to a bill in parliament in one day when a member of the house of commons can but once , they neither need or choose any speaker , for the chancellor or the keeper of the kings great seal of england is the only speaker of that house where the king doth not do it himself , or commissionates some other to officiate in the lord chancellor or lord keepers place , or time of sickness . every baron or other lord of parliament in any action where the defendant pleadeth he is no baron , it shall not be tryed at the common law , or by jury , nor by witnesses , but by record , their bodies shall not be arrested , and neither capias or exigent shall be awarded against them , and their bodies are not subject to torture in causa laesae majestatis . are not to be sworn in assises , juries or inquests , if any servant of the king in checque roll compass the death of a baron , or any of the kings privy councel , it is felony ; in any action against a baron in the court of common pleas , or any of the courts of justice , two knights are to be impannelled of the jury , he shall have a day of grace , shall not be tryed in cases of treason or felony , or misprision of treason , but by their peers , and such as are of the nobility who are not sworn , but give their verdict only upon their honour , & super fidem & ligeantiam domino regi debitam , and by an act of parliament made by queen elizabeth are exempt from the taking of the oath of supremacy , which the members of the house of commons are ordained to take before their admittance , the writs of summons to a parliament are directed only to themselves who are not elected as the members of the house of commons who are but as the attorneys and procurators for those that sent them ad faciendum & consentiendum , to do and obey what the lords shall ordain , who sub fide & ligeancia domino regi debita , do represent only for themselves , and the cause saith sir edward coke of the kings giving the nobility so many great priviledges , is because all honour and nobility , is derived from the king who is the true fountain of honour , and honours the nobility also two was , as , . ad consulendum , and ( anciently ) gives them robes . dly . a sword ad defendendum regem & regnum , and the oath of allegiance is , and ought to be imprinted in the heart of every subject , scil . ego verus & fidelis ero , & veritatem praestabo domino regi de vita & membro & de terreno honore , & vivendum & moriendum contra omnes gentes , &c. et si cognoscam aut audiam de aliquo damno aut malo quod domino regi evenire poterit revelabo , &c. and their wives and dowagers enjoy the same priviledges in the time of parliament , and without , and their sons and daughters a praecedency , which those of the house of commons have not , the lords can in case of absence by the kings license make their proxy , but the members of the house of commons cannot ; the lords at any conference with the members of the house of commons do sit covered , but the commons do all the while stand uncovered ; the lords have a certain number of chaplains in time of parliament , and with a priviledge of enjoying more than one benefice , but the members of the house of commons none ; the lords in the case of breach of priviledge ( by arresting any of their moenial servants in the time of parliament , do by their own order punish the offenders , which the house of commons should not without the assistance of the king by his writ out of his court of chancery ; the lords and some others appointed by the king are in every parliament tryers of the petitions of the commons , but they are not of any petitions to the king and house of lords , the commons not being to be allowed , petitioning to themselves , and our kings often refusing to grant what was required , where any had offended and broken the priviledge of the house of lords , or committed any treason or misdemeanor against the king and many times upon a charge of the house of commons they were to receive their sentence at the bar of the house of lords kneeling , but never in the house of commons until the late new-fashion'd rebellion , and fancied soveraignty of the people , which god never gave them , and the devil cannot allow them after a parliament ended , and leave given by the king to depart , the commons do petition the king for his writs to the counties and places that sent them to pay them their wages , which the house of peers never did . and a strange representation , partial , much disordered and disjointed it was when members in the time of a rebellious and parliamentary confusion , ejected of their better conditioned fellow members , and have since taken upon them , when their soveraign hath with some restrictions given them proper and necessary liberty of speech in the discussing of matters pertinent and becoming the reason and business , for which they were called to deny innocent liberty to their partners chosen and intrusted by other parts of the nation , not at all depending upon them , but elected , sent and intrusted by their fellow subjects , arraign and murder their pious king at the suit of the people when they neither could , or did give them any order or authority to do , vote , and make a war against him , his loyal , and their fellow subjects , to the ruine and destruction of above two hundred thousand , and punish others as their votes shall carry it , receive upon their knees their sentence sometimes to be imprisoned in the tower of london , sent thither only by their speakers warrant , or expelled the house , with a warrant for the kings writ , to elect another , and no man can tell whence that power was , is , or could be derived unto them either by warrant of the laws of god , nature , or nations , or the laws , and reasonable customs of england , or of any forreign senates or councels , to disprove , approve , or remove or punish one another , or how they can underprop that their beloved authority , when many times the major part of the members were absent in person , and many of those that are present , and have no mind to concur , were either wanting in their courage , or that for which they were elected , and what with those that were absent and tarryed in their countries , or were in london and come late to the house , or stayed there but a very short time , there is seldom the one half , or so many of them as could make a major part of them understand to give an energy or certain establishment to what within the limits and bounds of their constitution should be agreed unto , or by what rule of law or rectified reason any that are represented should be condemned by those that represent them not for that , but for better other purposes . or how they can be said to represent the people that sent them in the matter of parliament priviledges , when they that they represent are not to partake of their freedom from arrests , troubles of suits , &c. for themselves and moenial servants , or how do they represent in their properties , when there is no such thing in their writs , commissions or procurations , and they did in the th year of the raign of king edward the d , ask leave of the king to go home to their several countries and places , to confer with those that sent them , concerning a tax or subsidy required , or how they can be said to represent for all that sent them , and call themselves one of the three estates of the kingdom , if any can tell how to believe them , when they whom they would represent are not , nor ever were estates , &c. if the people had a soveraignty vested and inhaerent in them , should be no more when they are in parliament but as a grand enquest , as sir edward coke saith , ( to some only purposes ) but to many , and the most of their business , but as petitioners for redress of grievances , or if they could by any right or construction be understood to be soveraigns , when they can do nothing there , or have admittance until they shall have taken the oaths of allegiance and supremacy to their king and soveraign , or can demonstrate how many kinds of soveraigns there be , and which is on earth the single and sole soveraign under god , or when or how came all the people they would represent to be soveraigns , or how can they be soveraigns after they have taken their oaths of allegiance and supremacy unto their king and prince , and his heirs and successors , their only very not fictitious soveraign , and how it happeneth that they have in many of their petitions in parliament , stiled themselves your pourez leiges the commons of england , if they at that time had any part of soveraignty in them , and were not all poor neither , or when sometimes in the raign of king h. . or in his absence or infancy their petitions were directed unto them by the title of sages , senators , & tres honourable seignieurs , or how they could as representatives of the commons be petitioned unto , by any of the commons ; for that would have been as absurd to have been petitioners to themselves , or to have been believed to be all wise or honourable , or that all they represented could by any kind of grammar , reason or sense be understood to have been sent as soveraigns , or were ever so understood to be by those that elected or sent them , they should , when they were to go home to those that delegated them , were not to depart without the kings license , and then did not neglect to petition the king for writs , to be paid their wages by the countries or places that employed them , and if any sheriff had levied their wages with an overplus for himself , they that were so wronged have complained to the kings justices in eyre , and have been remedied ; but were never found to complain to their unintelligible soveraigns , or to have any process from them to levy their expences , or to petition to have them paid out of the lands & estates of those that sent them , or was granted by any order or procurations of those that sent them . or if all the people of england , who are and should be certainly to be known and ranked according to their several degrees and qualities , unless all should be levelled into a lump informity or menstrosity higeldy pigheldy , all fellows at football , it might put heraldry it self at a stand , or out of its wits to distinguish how much of a knight of a shire is a duke , marquess , earl , viscount , baron , knight , esquire , gentleman , yeoman , or common freeholder , or the widdows or feme soles of any of them resides , or is incorporate in that one knight of a shire , or how much in the other knight of the shire , when by the kings writs there were to be no more than two , and by oliver cromwels the usurpers writs , there was as many as six , and when in his time of villany two english earls , knights of the kings honourable order of the garter , sate as members of that which was miscalled the house of commons in parliament , although it might well deserve the question of what nation they were or riddle , my riddle what is this , how much of them were earls or commons , or what epiccen or hermophrodite kind of men they were , or whom ( if not very rebels , they did then and there represent ? or whether the knights and burgesses of england and wales , as they were admitted into the house of commons from the th and th year of the raign of king henry . until the raign of king henry the th did or could represent , for ireland gastoign , the isles , and other dominions of our kings , and sometime scotland , for which until then there were receivers and triers of petitions particularly appointed for those other dominions and places , or who did represent for wales the bishoprick of durham before there were knights of the shires and burgesses allowed by our kings , or for the town of newark upon trent so lately priviledged by his now majesty , or whether they do in one entire and complexed body represent for all the commons of england , when as the journals , parliament rolls and memoriols can inform us that sometimes the city of london , as also other particular places have separately petitioned the king , and not at all times in a generality name and behalf of all the commons of england , servants , mechanicks and labourers , &c. which being no freeholders or electors , can never be understood to have given any of the members of the house of commons any procurations jointly or separately to give any consent or represent for them in parliament . so that whatsoever hath or shall be done or acted in parliament either for lease or copyholders villani bordarii , mechanicks , labourers , servants , &c. neither is or can be obliging to those multitudes otherwise than by the soveraign power of the king , when by the energy , and vertue of his royal assent that which was before but an embrio comes to be aminated , and have as it were a life and a soul breathed or put into it by his sanction , or giving it the force of a law by his , and no others act of parliament further than the advice of the lords spiritual and temporal , and the assent or approbation of the commons in parliament assembled . or how they can by or with any law , right , reason , construction , propriety of speech or grammar be said or believed to represent those of the commons of england whom they have many times accused and take upon them to imprison or punish . when our parliaments have been , or should be founded upon the feudal laws , our monarchick best of governments , and there could be no election of members of the house of commons to come to parliament ad faciendum & consentiendum iis , which the king by the advise of the lords spiritual and temporal should there ordain , not in omnibus , in all matters , for that was the proper care and business of our kings and princes , and their private councel , by whose advice the writs of summons issued out under the kings great seal of england , to summon the lords spiritual and temporal to a parliament to consult not de omnibus , or de omnibus arduis , but de quibusdam arduis , and until the th of king henry . when simon montforts rebellious parliament and his counterfeit writs of election of members to be a then endeavoured to be constituted house of commons in parliament , received its first foundation , and gave the occasion and encouragement to many rebellions and mischiefs afterward , and from the , and e. . until that gave it some rectifyed allowance unto such a kind of election and convention of members in an house of commons in parliament to be assembled ; the so elected members of commons of parliament could neither meet or assemble , until there were writs of summons issued out to assemble the lords spiritual and temporal as peers not unto the king , but one unto the other in parliament , for when the lords spiritual and temporal are not to be assembled by the kings writs of summons , the commons cannot be elected to attend the king and the lords spiritual and temporal , for to meet without so much as unto markets or fairs , or indulgent allowance of our kings would be a breach of the kings peace , which should be so sacred and ever was accompted to be of so great a concernment unto him and his people , as when he pardoned any of his offending subjects against his laws , the ancient forms of our kings pardons were only without enumerating , or particular specification of the crimes damus & concedimus pacem nostram , and gives us the reason that all our parliaments as well relating either to the upper or lower house , do specially except treason , felony , or breach of peace , which seemeth certainly to be no other than a necessary clause , added by our kings in their priviledges of parliament . and otherwise it would be an unread , unheard , & unintelligible mixture of a supremacy or soveraignty , that a king deriving his soveraignty only from god , and his people and subjects sworn unto him by their oaths of allegiance and supremacy , and obliged unto him for their estates and self-preservation , at the same time be invested with a soveraignty , which is to be certainly placed amongst the most puzling riddles of madam sphinx , and none of the over-turning republicans , can give us no manner of solution until all the vulgus or rabble multitude of the world can be persuaded to be of one mind , and for many years continue therein , and all impossibles come to be possible . and there cannot be a greater absurdity offered to the common intellect or understanding of mankind , than to endeavour to perswade them that there is a plurality of soveraigns , and that all the subjects of england do or can represent the king , and are his soveraigns , or that he is the subject or general servant of so many millions of people , as he is rightfully king of , and are sworn unto him by the oaths of allegiance and supremacy , but are conditionally only his subjects until some fair opportunity to arraign him at the suit of his own subjects , cut off his head , and extirpe him and his illustrious family , by no other warrant than to set up the kingdom of jesus christ , who never yet gave them any order or authority to attempt any such egregious villany . and should not have been so locked up in their morphaeus commonly erring , wandring dreams or imaginations , as to think that two or three necessary priviledges only proper for members of the house of commons in parliament may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs , and may be very great loosers by the bargain , if by such a gross mistake they make all that is or shall be their own proper estates allowed , or given unto them by the bounty and munificence of our kings and princes , and their feudal laws to be priviledges of parliament , when their properties and liberties are not priviledges of parliament ; and all kind of priviledges are and ought to be subject unto these two grand rules of law , and may and ought to be forfeitable by a non user , or misuer , no praescripton or length of time in such cases being to be made use of , against the king , and some corporations , as the burrough of colchester procured an exemption from sending members to the house of commons in parliament ▪ in regard of their charge of building or repairing their town-walls , and new-castle upon tyne , did the like propter inopiam , and charge and trouble to defend themselves against the scots ; and priviledges of parliament are not , nor can with any propriety of speech , truth , reason or understanding , be called liberties properties or franchises , which they that make such a noise with them , would be sorry to have so brittle , short or uncertain title in , or unto their own rights in their own estates , lands or livelihoods , and had better be at the charge to go to school again , or fee a lawyer , to instruct or make them understand the difference betwixt priviledges of parliament , and priviledges that do no way appertain unto the aforesaid parliament priviledges , and betwixt privilegium and proprium , and cannot sure be so vain or foolish , as to think that they were elected by the peoples authority , and their own , and not by the kings , or that after the king hath allowed them a speaker , for otherwise he must be at the trouble to forsake his own proper place , chair of estate or throne in the house of peers , and sit in the house of commons with them , and hear their debates , discourses and speeches , pro aut contra , which might have abridged them of their priviledge of freedom of speech granted at his allowance of their speaker , or that by the immediate causing to be carried before that their allowed speaker in the presence of these many members of the house of commons , that came to attend him to the king , one of his royal masses or maces crowned , usually born before our king , as ensigns of majesty to attend him during the time of his speakership at home or abroad in the house of commons in parliament , or without , whether it continue for a short or long time , as many of our parliaments have done , with an allowance of five pounds per diem for his house-keeping and table-provision , whereof many of their members do not seldom partake ( the lord steward of the kings houshold having likewise a large allowance of expences by the king for his table , to entertain such of the nobility and others , as during the time of parliament will come to eat with him ) besides many large fees in the making of orders , and passing of bills or acts of parliament for laws , naturalizations , &c. which could not be legally taken without the kings tacit permission ( the late illegal and unparliamentary way never used in any kingdom , senate or republick , or in this kingdom , to suffer their speaker or his clerks , to make a great weekly gain by the printing and publishing , to be sold at every sationers or booksellers shops , and cryed up and down the streets in london and westminster , by men , women , girls and boys , all that is , or hath been done in the commons house of parliament to the no small profit of their speaker excepted ) or that when any person not of that house , who have not by any supposed priviledge , any serjeant , lictor , catchpole or messenger fastes or secures to attend them , or any particular prison allotted unto them who by their commissions , elections or trusts reposed in them by their king and countries , may search , and never find any power or authority lodged in them , who never were or are any court of judicature , to seise , arrest , or imprison any of their fellow subjects , but since that late incroachment which hath no older a date , than about the latter end of the raign of our king james the first , who upon his observation of some of their irregularities , jestingly said that the house of commons in parliament were an house of kings , it never being intended by those that elected them , or our kings and princes that admitted them , that they should have or exercise any power to seise or imprison , or any place or prison allowed by our kings as their particular prison , and though it appears that they had in the latter end of the raign of king henry . a clerk , yet it was by the grants of our kings , & by themselves have by the kings permission appointed door-keepers , but upon any occasion or cause of imprisonment , or punishing any offenders , could find no other means , praesident or way unto it , than to make use of the kings serjeant at arms attending their speaker , who arresteth , and either carrieth them to prison to the tower of london , which is no prison appropriate to matters of parliament , either to the house of peers , who are to consult and advise their soveraign , or the house of commons to assent and obey , ( the tower of london being only the kings prison for special offenders ) and more than ordinary safe custody the marshallsea for the courts of kings-bench , and marshallsea , the fleet for the most of the courts in westminster-hall , that was anciently the kings house or palace , every county or city in england and wales , and the court of admiralty having their particular prisons appertaining to their coercive power subordinate to their king , every prison being alwaies stiled and said to be prisona nostra , or prisona domini regis , the prison for or of the king , whereby to restrain offenders of their liberties , and keep them in the custody of the law until they can be tryed , and give satisfaction to the law so as if there were no other cogent arguments or evidences amongst multitudes of those that in our annals and records , and the whole frame and constitution of our kingly government , to support and justify the soveraignty thereof , that only one of our kings allowing their speaker the attendance of one of their serjeant at arms , with his mass , or mace , as an ensign of royal majesty with a pension for his support and house keeping , and an allowance of large . fees as aforesaid , might be sufficient to proclaim a most certain soveraignty and supremacy in our kings and princes , and none at all in the house of commons , who may do well to take more heed in their ways and incroaching upon regal authority , which in the raigns of king edward the third and king richard the d upon less overt-acts and praesumptions have been accompted and punished as high treason . § . that no impeachment by all or any of the members of the house of commons in parliament , or of the house of peers in parliament , hath , or ever had any authority to invalidate , hinder or take away the power , force or effect of any the pardons of our kings or princes , by their letters patents or otherwise , for high treason or felony , breach of the peace , or any other crime or supposed delinquency whatsoever . for if monarchy hath been by god himself , and the experience of above years and the longest ages of the world approved ( as it hath ) to have been the best and most desirable form of government . and the kingdom of england , as it hath been , for more than years , a well tempered monarchy , and the sword and power thereof was given to our kings only by god that ruleth the hearts of them . the means thereunto which should be the power of punishment and reward , can no way permit , that they should be without the liberty and prerogative of pardoning , which was no stranger in england long before the conquest , in the raign of king athelstane , who did thereby free the nation from four-footed wolves by ordaining pardons to such out-laws as would help to free themselves and others from such villanous neighbours , the laws , of canutus also making it a great part of their business to enjoyn a moderation in punishments ad divinam clementiam temperata to be observed in magistracy , and never to be wanting in the most superior , none being so proper to acquit the offence as they that by our laws are to take benefit by the fines and forfeitures arising thereby , and edward the confessors laws would not have rex regni sub cujus protectione & pace degunt universi , to be without it ; when amongst his laws , which the people of england held so sacred , as they did hide them under his shrine , and afterwards precibus & fletibus obtained of the conqueror , that they should be observed , and procured the observation of them especially to be inserted in the coronation-oaths of our succeeding kings , inviolably to be kept . and it is under the title of misericordia regis & pardonatio , declared , that si quispiam forisfactus ( which the margin interpreteth rei capitalis reus ) poposcerit regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum per dendorum , potest rex ei lege suae dignitatis condonare si velit etiam mortem promeritam ; ipse tamen malafactor rectum faciat in quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda si vero fidejussores defecerint exulabitur a patria . for the pardoning of treason , murder , breach of the peace , &c. saith king henry the first , in his laws , so much esteemed by the barons and contenders for our magna charta , as they solemnly swore they would live and die in the defence thereof , do solely belong unto him , & super omnes homines in terra sua in the fifth year of the raign of king edward the second , peirce gaveston earl of cornwal , being banished by the king in parliament , and all his lands and estate seized into the kings hands , the king granted his pardons , remitted the seizures , and caused the pardon and discharges to be written and sealed in his presence . and howsoever he was shortly after upon his return into england , taken by the earl of warwick and beheaded without process or judgment at law , yet he and his complices thought themselves not to be in any safety , until they had by two acts of parliament in the seventh year of that kings raign obtained a pardon , ne quis occasionetur pro reditu & morte petri de gaveston , the power of pardoning , being always so annexed to the king and his crown and dignity . and the acts of parliament of e. . ca. . e. . ca. . r. . ca. . and r. . ca. . seeking by the kings leave and licence in some things to qualifie it , are in that of r. . ca . content to allow the power of pardoning to belong to the liberty of the king , and a regality used heretofore by his progenitors . hubert de burgh earl of kent , chief justiciar of england , in the raign of king henry the third , laden with envy , and as many deep accusations as any minister of state could lie under , in two several charges in several parliaments , then without an house of commons , had the happiness , notwithstanding all the hate and extremities put upon him by an incensed party , to receive two several pardons of his and their king , and dye acquitted in the estate which he had gained . henry de bathoina a chief justice of england being in that kings raign accused in parliament of extortion and taking of bribes , was by the king pardoned in the fifieth year of the reign of king henry the third , the commons in parliament petitioning the king , that no officer of the kings , or any man , high or low , that was impeached by them , should enjoy his place or be of the kings council . the king only answered , he would do as he pleased . with which they were so well satisfied , as the next year after , in parliament , upon better consideration , they petitioned him , that richard lyons , john pechie , and lice pierce , whom they had largely accused and believed guilty , might be pardoned . and that king was so unwilling to bereave himself of that one especial flower in his crown , as in a grant or commission made in the same year to james botiller earl of ormond of the office of chief justiciar of ireland , giving him power under the seal of that kingdom to pardon all trespasses , felonies , murders , treasons , &c he did especially except and reserve to himself the power of pardoning prelates , ●arls and barons in the first year of the raign of king henry the fourth the king in the case of the duke of albemarle and others , declared in parliament , that mercy and grace belongeth to him and his royal estate , and therefore reserved it to himself , and would that no man entitle himself thereunto . and many have been since granted by our succeeding kings in parliament at the request of the commons ( the people of england in worldly and civil affairs as well ever since , as before , not knowing unto whom else to apply themselves for it . so as no fraud or indirect dealings being made use of in the obtaining of a pardon , it ought not to be shaken or invalidated , whether it were before a charge or accusation in parliament or after , or where there is no charge or indictment ant cedent . the pardon of the king to richard lyons at the request of the commons in parliament , as the parliament rolls do mention , although it was not inserted in the pardon , was declared to be after a charge against him by the commons in parliament , and in the perclose said to be per dominum regem . and a second of the same date and tenor , with a perclose said to have been per dominum regem & magnum concilium . john pechies pardon for whom that house of commons in parliament was said to intercede , only mentioneth that it was precibus aliquorum magnatum . e. . the archbishop of canterbury before the king and lords , humbling himself before the king , desired that where he was defamed through the realm , he might be arraigned before his peers in open parliament : unto which the king answered , that he would attend the common affairs , and afterward hear others . h. . the king at the request of the commons , affirmeth the archbishop of canterbury , the duke of york , the earl of northumberland , and other lords , which were suspected to be of the confederacy of henry percy , to be his true leige-men , and that they nor any of them should be impeached therefore , by the king or his heirs in any time ensuing . h. . the speaker of the house of commons presented a bill on the behalf of thomas brooke against william widecombe , and required judgment against him ; which bill was received , and the said william widecombe was notwithstanding bound in a pound to hear his judgment in chancery . and the many restorations in blood and estate in h. . and by king e. . and of many of our kings may inform us how necessary and beneficial the pardons , and mercy of our kings and princes have been to their people and posterities . the commons accuse the lord stanley in sundry particulars , for being confederate with the duke of york , and pray that he may be committed to prison : to which the king answered , he will be advised . and pardons before indictments or prosecution have not been rejected for that they did anticipate any troubles which might afterwards happen . for so was the earl of shrewsburys in the raign of queen elizabeth for fear of being troubled by his ill-willers for a sudden raising of men without a warrant to suppress an insurrection of rebels . lionell cranfeild earl of middlesex lord treasurer of england , being about the th year of king james , accused by the lords and commons in parliament , for great offences and misdemeanours fined by the king in parliament to be displaced , pay l. and never more to sit in parliament , was in the d year of the reign of king charles the martyr , upon his submission to the king , and payment of l. only , pardoned of all crimes , offences and misdemeanors whatsoever any sentence , act , or order of parliament , or the said sentence to the contrary notwithstanding . for whether the accusation be for treason wherein the king is immediately and most especially concerned , or for lesser offences , where the people may have some concernment , but nothing near so much or equivalent to that of the kings being the supreme magistrate , the king may certainly pardon , and in many pardons as of outlaries , felonies , &c. there have been conditions annexed . ita quod stent recto si quis versos eos loqui voluerit . so the lord keeper coventry in the raign of king charles the martyr to prevent any dangerous questions , touching the receiving of fines and other proceedings in chancery , sued out his pardon . the many acts of oblivion , or general pardon , granted by many of our kings and princes , to the great comfort and quiet of their subjects , but great diminution of the crown revenue did not make them guilty , that afterwards protected themselves thereby from unjust and malicious adversaries . and where there is not such a clause it is always implyed by law in particular mens cases , and until the soveraignty can be found by law to be in the people , neither the king or his people ( who by their oaths of allegiance and supremacy are to be subordinate unto him ) are to be deprived of his haute ex basse justice , and are not to be locked up or restrained by any petition , charge or surmise which is not to be accompted infallible , or a truth , before it be proved to the king and his council of peers in parliament , and our kings that gave the lords of mannors , powers of soke and sake , infangtheif , and outfangtheif in their court barons , and sometimes as large as fossarum & furcarum , and the incident power of pardons and remissions of fine and forfeitures which many do at this day without contradiction of their other tenants enjoy , should not be bereaved of as much liberty in their primitive and supream estates as they gave them in their derivatives . and though there have been revocations of patents during pleasure , of protections and presentations , and revocations of revocations quibusdam certis de causis , yet never was there any revocation of any pardon 's granted where the king was not abused or deceived in the granting thereof . for in letters patents for other matters , reversals were not to be accounted legal , where they were not upon just causes proved upon writs of scire facias issuing out of the chancery , and one of the articles for the deposing of king richard d . being that he revoked some of his pardons . the recepi's of patents of pardon , or other things were ordained so to signifie the time when they were first brought to the chancellour , as to prevent controversies concerning priority or delays , made use of in the sealing of them to the detriment of those that first obtained them . and the various forms in the drawing or passing of pardons as long ago his testibus , afterwards per manum of the chancellour , or per regem alone , per nostre main , vel per manum regis , or per regem & concilium , or authoritate parliamenti , per regem & principem , per breve de privat sigillo , or per immediate warrant being never able to hinder the energy and true meaning thereof . and need not certainly be pleaded in any subordinate court of justice without an occasion , or to purchase their allowance who are not to controul such an act of their sovereign . doctor manwaring in the fourth of sixth year of the raign of king charles the martyr being grievously fined by both houses of parliament , and made incapable of any place or imployment , was afterwards pardoned and made bishop of st. asaph with a non obstante of any order or act of parliament . so they that would have attainders pass by bill or act of parliament to make that to be treason which by the law and antient and reasonable customs of england , was never so before to be believed or adjudged , or to accumulate trespasses and misdemeanors to make that a treason which singly could never be so , either in truth , law , right , reason or justice . may be pleased to admit and take into their serious consideration , that arguments a posse ad esse , or ab uno ad plures , are neither usual or allowable , and that such a way of proceeding will be as much against the rules of law , honour and justice , as of equity and good conscience . and may be likewise very prejudicial to the very ancient and honourable house of peers in parliament , for these and many more to be added reasons , viz. former ages knew no bills of attainder , by act of parliament after an acquittal or judgment in the house of peers , until that unhappy one in the raign of king charles the martyr , which for the unusualness thereof had aspecial proviso inserted , that it should not hereafter be drawn unto examples or made use of as a presid●●t . and proved to be so fatally mischievous to that blessed king himself ▪ and his three kingdoms of england scotland and ireland , as he bewailed in his excellent soliloq●●es , and at his death , his consenting to such an act , and charged his late majesty never to make himself or ●is people , to be partakers of any more such mischief procuring state errors the house of commons if they will be accusers , wherein they may be often mistaken , when they take it from others , and have no power to examine upon oath , wild and envions informations , and at the same time a part of the parliament , subordinate to the king , will in such an act of attainder be both judge and party , which all the laws in the world could never allow to be just . and such a course , if suffered , must needs be derogatory and prejudicial to the rights and priviledges , and judicative power of the peers in parliament , unparallelled , and unpresidented , when any judgments given by them , shall by such a bill of attainder , like a writ of error , or as an appeal from them to the house of commons , be enervated or quite altered by an act of attainder framed by the house of commons , whereby they which shall be freed or absolved by their peers , or by that honourable and more wise assembly , shall by such a back or by-blow be condemned , or if only fined by the house of peers , may be made to forfeit their estates and posterities by the house of commons ; or if condemned in the upper house , be absolved in the lower , who shall thereby grow to be so formidable as none of the peerage , or kings privy-councel shall dare to displease them , and where the dernier ressort , or appeal , was before and ought ever to be to the king in his house of peers , or without , will thus be lodged in the house of commons , and of little avail will the liberty of our nobility be to be tryed by their own peers , when it shall be contre caeur , and under the control of the house of commons . or that the commons disclaiming , as they ought , any power or cognisance in the matters of war and peace , should by a bill of attainder make themselves to be judges and parties against a peer , both of the kings privy council and great council in parliament , touching matters of that nature . for if the commons in parliament had never after their own impeachments of a peer or commoner , petitioned the king to pardon the very persons which they had accused , as they did in the cases of lyons and john pechie , in the year of the raign of king edward the third whom they had fiercely accused in parliament but the year before the objection that a pardon ought not to be a bar against an impeachment , might have had more force than it is like to have . neither would it , or did it discourage the exhibiting any for the future , no more than it did the many after impeachments , which were made by the commons in several parliaments , & kings raigns , whereupon punishments severe enough ensued ; for if the very many indictments and informations at every assizes and quarter sessions in the counties , and in the court of kings-bench at westminster , in the term time , ever since the usurpation and raign of king stephen and the pardon 's granted shall be exactly searched and numbred , the foot of the accompt will plainly demonstrate , that the pardons for criminal offences have not been above , or so many as one in every hundred , or a much smaller and inconsiderable number , either in or before the first or latter instance , before tryal or after , and the pardon 's granted by our kings , so few and seldom , as it ought to be confest , that that regal power only proper for kings , the vicegerents of god almighty , not of the people , hath been modestly and moderately used , and that the multitude of indictments and informations , and few pardon 's now extant in every year , will be no good witnesses of such a causelesly feared discouragement . and it will not be so easily proved , as it is fancied , that there ever was by our laws or reasonable customs an● institution to preserve the government by restraining the prince , against whom and no other , the contempt and injury is immediately committed from pardoning offences against him , and in him against the people to whose charge they are by god intrusted . or that there was any such institution ( which would be worth the seeing if it could be found or heard of ) that it was the chief to be taken care of , or that without it consequently the government it self would be destroyed . to prove which groundless institution the author of those reasons is necessitated ( without resorting , as he supposeth , to greater antiquities ) to vouch to warranty the declaration of that excellent prince , king charles the first of blessed memory , made in that behalf ( when there was no controversie or question in agitation or debate touching the power of pardoning ) in his answer to the nineteen propositions of both houses of parliament , wherein stating the several parts of this well regulated monarchy , he saith , the king , the house of lords , and the house of commons , have each particular priviledges . wherein amongst those which belong to the king , he reckons the power of pardoning , if the framer of those reasons had dealt fairly and candidly , and added the words immediately following , viz. and some more of the like kind are placed in the king. and this kind of excellently tempered monarchy , having the power to preserve that authority , without which it would be disabled to protect the laws in their force , and the subjects in their peace , liberties and properties , ought to have drawn unto him such a respect and reverence from the nobility and great ones , as might hinder the ills of division and faction ; and cause such a fear and respect from the people as might impede tumults and violence . but the design being laid and devised to tack and piece together such parcels of his said late majesties answer , as might make most for the advantage of the undertaker , to take the power of pardoning from the prince , and lodge it in the people , and do what they can to create a soveraignty or superiority in them , which cannot consist with his antient monarchy , and the laws and reasonable customs of the kingdom , the records , annals and histories , reason , common sense and understanding thereof , the long and very long approved usages of the nation , and oaths of allegiance and supremacy of those that would now not only deny but be above it . and would make the king , by some scattered or distorted parts of that answer , mangled and torn from the whole context and purpose of it , to give away those undoubted rights of his crown , for which , and the preservation of the liberties of his people , he died a martyr ; the author and his party endeavouring all they can to translate the assent of the commons required in the levying of money into that of the power of pardoning , and jumbling the words and sense of that royal answer , cements and puts together others of their own to fortifie and make out their unjust purposes , omitting every thing that might be understood against them , or give any disturbance thereunto . and with this resolution the author proceedeth to do as well as he can , and saith , that after the enumeration of which , and other his prerogatives , his said majesty adds thus ; again ( as if it related to the matter of pardoning , which it doth not at all , but only and properly to the levying of money wherein that misinterpreter can afford to leave out his said majesties parenthesis ( which is the sinews as well of peace as war ) that the prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it , and of publick necessity ( which clearly evidenceth that his late majesty thereby only intended that part of his answer to relate to the levying of money ) for the gain of his private favourites and followers to the detriment of his people . whither being come , our man of art or putter of his matters together , finds some words which will not at all serve is turn , inclosed in a royal parenthesis of his late majest● , viz. ( an excellent conserver of liberty , but never intended for any share in government , or the choosing of them that should govern ) but looked like a deep and dangerous ditch which might sowse him over head and ears , if not drown him and spoil all his inventions , and therefore well bethinks himself , retires a little , begins at an excellent conserver of liberty , makes that plural , adds , &c. which is not in the original , fetches his feeze and leaps quite over all the rest of the parenthesis , as being a noli me tangere , dangerous words , and of evil consequence , and having got over goeth on untill he came to some just and considerable expostulations of his late majesty , and then as if he had been in some lincolnshire fens and marshes , is again enforced to leap until he come to , therefore the power legally placed in both houses , is more than sufficient to prevent and restrain the power of tyranny . but not liking the subsequent words of his late majesty , viz. and without the power which is now asked from us , we shall not be able to discharge that trust which is the end of monarchy , since that would be a total subversion of the fundamental laws , and that excellent constitution of this kingdom , which hath made this nation for many years both famous and happy to a great degree of envy , is glad to take his leave with an , &c. and meddle no more with such edge-tools , wherewith that royal answer was abundantly furnished . but looks back and betakes himself to an argument framed out of some melancholick or feverish fears and jealousies , that until the commons of england have right done unto them against that plea of pardon , they may justly apprehend that the whole justice of the kingdom in the case of the five lords , may be obstructed and deseated by pardons of a like nature . as if the pardoning of one must of necessity amount to many , or all , in offences of a different nature committed at several times by several persons ( which is yet to be learned ) and the justice of the nation which hath been safe and flourished for many ages , notwithstanding some necessary pardons granted by our princes , can be obstructed or defeated in a well constituted government under our kings and laws ; so it may everlastingly be wondred upon what such jealousies should now be founded , or by what law or reason to be satisfied , if it shall thus be suffered to run wild or mad . for canutus in his laws ordained that there should be in all punishments a moderata misericordia , and that there should be a misericordia in judicio exhibenda , which all our laws , as well those in the saxon and danish times as since , have ever intended , and it was wont to be a parcel of good divinity , that gods mercy is over all his works , who not seldom qualifies and abates the rigour of his justice . when trissilian chief justice , and brambre major of london , were by judgment of the parliament of the eleventh of king richard the second , hanged and executed , the duke of ireland banished , some others not so much punished , and many of their complices pardoned , the people that did not know how soon they might want pardons for themselves , did not afflict themselves or their soveraign with complaints and murmurings , that all were not hanged and put to the extremities of punishment ; nor was richard earl of arundel , one of the fierce appellants in that matter , vexed at the pardoning of others , when he in a revolution and storm of state was within ten years after , glad to make use of a pardon for himself . king james was assured by his councel that he might pardon sir walter rawleigh , the lord cobham , sir griffin markham with many others then guilty of treason , and the earl of somerset and his lady , for the murder of sir thomas overbury , without any commotion in the brains of the rest of his subjects , some of whom were much disturbed that he after caused sir walter rawleigh to be executed for a second offence upon the score of the former , not at all pardoned , but reprieved or only respited . and therefore whilest we cry out and wonder quantum mutantur tempora , may seek and never find what ever was or can be any necessary cause or consequence , that the five lords accused of high treason , and a design of killing the king , will be sure to have a pardon , if that the pardon of the earl of danby , whose design must be understood by all men rather to preserve him , shall be allowed . nor doth an impeachment of the house of commons virtually , or ever can from the first constitution of it be proved or appear to be the voice of every particular subject of the kingdom ; for if we may believe mr. william pryn , one of their greatest champions , and the records of the nation and parliaments , the commons in parliament do not , or ever did represent , or are procurators for the lords spiritual and temporal , and their numerous tenants and ancient baronies , that hold in capite , nor for the many tenants that should be of the kings ancient demesne and revenues , nor for the clergy , the multitude of copy-holders heretofore , as much as the fourth part of the kingdom , neither the great number of lease-holders , cottagers , &c. that are not free-holders , citizens or tradesmen , nor can all the members of the body politick be equally wounded in their estates or concernments by the vain imaginations , causless fears , and jealousies and bugbears of other seditious or fanciful mens own making . and to men that have not yet proceeded so far in the school of revelation as to be sure of the spirit of prophesie , it may prove a matter of ill consequence that the universality of the people should have occasion ministred and continued to them to be apprehensive of utmost dangers from the crown , from whence they of right expect protection . and a wonder next a miracle , from whence the premisses to such a trembling and timorous conclusion can be fetched , or how a people , whose valiant and wiser fore-fathers were never heretofore scared with such panick fears , nor wont to be affrighted with such phantasmes , should now suspect they can have no protection from the crown , when some of them do at the same time labour all they can to hinder it . or how it should happen in the long rebellious parliament that after mr. chaloner a linnen draper of london , was hanged for plotting a surprize of the city of london , and reducing it to the kings obedience , honest mr. abbot the scrivener should be pardoned without any such discontent and murmuring of the people , or that oliver cromwel should not be debarred of his power , of pardoning in his instrument of government , and be allowed to pardon the lord mordant , for a supposed treason against his usurped authority ; and our king deriving his authority , legally vested in him and his royal ancestors , for more than one thousand years before , may not adventure to do it without the utter undoing and ruine of his subjects in their properties , lives and estates , by his pardoning of some capital offenders : or why it should not be as lawful and conveninent for the king to grant pardons to some other men , as to doctor oates or mr. bedlow . when no histories jewish , pagan or christian , can shew us a people , unless in cases of intollerable villanies , petitioning their kings , that they would not pardon , when all are not like to be saints or faultless , and it will ever be better to leave it to the hearts of kings , and god that directs them , than to believe tyranny to be a blessing , and petition for it . and the most exact search that can be made , when it findeth the commons petitioning in parliament to the king or house of peers , that they may be present at some tryals there , upon their impeachments , cannot meet with any one president where they ever desired , or were granted such a reasonless request , pursued and set on by other mens designs to have one mans tryal had before another , and by strugling and wrestling for it , expose the king and kingdom to an utter destruction . and therefore in those their fond importunities might do well to tarry until they they can find some reason why the lords spiritual may not vote or sit as judges or peers in parliament , in the case of the five lords , as well as of the earl of danby . or any president that it is or hath been according to parliamentary proceedings to have any such vote or request made by the commons in parliament . who neither were or should be so omnipotent in the opinion of hobart and hutton and other the learned judges of england , as to make a punishment before a law , or laws with a retrospect , which god himself did never allow , but should rather believe that laws enacted contrary to the laws of god and morality , or that no aids or help are to be given to the king pro bono publico , or that there should be no customs or prescription , or that the king should be governed by his people , would be so far from gaining an obedience to such laws or acts of parliament as to render them , to be ipso facto null and of none effect . when the king hath been as careful to distribute justice as his mercy , without violence to his laws and well inform'd conscience hath sometimes perswaded him to pardon , to do justice , or to cause it to be done in a legal and due manner , and is so appropriate to the office and power of a king , so annext , appendant and a part of it , as none but his delegates are to intermeddle or put any limits thereunto , and if it should not be so solely inherent in him would be either in abeyance or no where . for the house of commons are not sworn to do justice , and if they were , would in such a case be both judges and parties , and the lords spiritual and temporal are not as to particular proceedings sworn but meerly consultive ; so as justice can vest in none but the king , who is by his coronation-oath only sworn to do it , if his right of inheritance and greater concernments than any of his subjects , did not abundantly ingage and prompt him thereunto ; and is therefore so every way , and at all times obliged to do justice and protect the lives , estates , peace and liberty of his subjects , as he is with all convenient speed and hast to try or bring to judgment , a subject accused of treason by the houses of lords and commons , both or either of them in his court of kings-bench before the justices thereof , or by special commission by a lord high steward in or without the time of parliament . and the king may acquit ( which amounteth to a remission or pardon ) by a more supream authority than any of his judges ( some particular cases wherein appeals are , or may be brought , only excepted ) do ordinarily by an authority derived from no other , not to be debarred by probabilities , or possibilities , or by consequences , not always to be foreseen or avoided . for a man pardoned for man-slaughter , may be so unhappy as in the like manner afterwards to be the death of five or ten more ; rebells pardoned at a time as in the insurrections of wat tyler , jack cade , &c. may be guilty of the like offence , twenty or forty years after : the lord mayor of london that hath an allowance of tolls and profits to take a care of the city and wholsomness of food , might be , as they are , too much careless , and undo them in their health and well being . the judges may as those in the raign of king edward the first , and thorp in the raign of king edward the third , be guilty of mildemeanours , yet that is not to bereave us of that good which better men may do us in their administration of justice , our kings have granted priviledges to certain cities and towns not to pay subsidies , and granted pardons as their mercies and right reason inclined them , in the course of their several raigns for many ages last past , yet have not acquitted or left unpunished all the offenders ever since , there being a greater likelyhood that they would not be so easie in pardoning , where they were to gain so much by attainders , fines and forfeitures and therefore panick and vain fears , such as in constantem virum cadere non possunt , should not be permitted to affright our better to be imployed imaginations , unless we had a mind to be as wise as a small and pleasant courtier of king henry the eighths , who would never endure to pass in a boat under london-bridge lest it should fall upon his head , because it might once happen to do so . our magna charta's and all our laws which ordain no man to be condemned or punished without tryal by his peers , do allow it where it is by confession , outlawry , &c and no verdict . did never think it fit that publick dangers , such as treason should tarry , where justice may as well be done otherwise without any precise formalities to be used therein . for although it may be best done by the advice of the kings greatest council the parliament , there is no law or reasonable custom of england either by act of parliament , or without , that restrains the king to do it only in the time of parliament . when the returns , law-days and terms appointed and fixt , have ever given place to our kings commissions of oyer and terminer , inquiries , &c. upon special and emergent occasions . and notwithstanding it will be always adviseable that kings should be assisted by their greatest council , when it may be had , yet there is no law or act of parliament extant , or any right reason or consideration to bind him from making use of his ordinary council in a case of great and importunate necessity . for cases of treason , felony and trespass , being excepted out of parliament , first and last granted and indulged priviledges by our and their kings and princes , there can be no solid reason or cogent argument to perswade any man that the king cannot for the preservation of himself and his people , in the absence or interval of parliaments , punish and try offenders in cases of treason , without which there can be no justice , protection or government , if the power of the king and supream magistrate shall be tyed up by such , or the like as may happen , obstructions . so that until the honourable house of commons can produce some or any law , agreement , pact , concession , liberty or priviledge to sit and counsel the king , whether he will or no , as long as any of their petitions remain unanswered ( which they never yet could or can ) ( those grand impostors and figments of the modus tenendi parliamenta , and the supposed mirror of justice , being as they ought to be rejected ) when the parliament records will witness that many petitions have , for want of time ( most of the ancient parliaments not expending much of it ) been adjourned to be determined in other courts , as in the case of staunton in e. . and days have been limited to the commons for the exhibiting of their petitions ; the petitions of the corbets depended all the raigns of king edward the first and second , until the eleventh year of edward the third , which was about sixty six years , and divers petitions not dispatched , have in the raign of king richard the second , been by the king referred to the chancellor and sometimes with a direction to call to his assistance the justices and the kings serjeants at law , and the commons themselves have at other times prayed to have their petitions determined by the councel of the king , or by the lord chancellor . and there will be reason to believe that in cases of urgent necessity for publick safety , the king is and ought to be at liberty to try and punish great and dangerous offenders without his great council of parliament . the petitions in parliament touching the pardoning of richard lyons , john peachie , alice peirce , &c and a long process of william montacute earl of salisbury were renewed and repeated again in the parliament of the first of richard the second , because the parliament was ended before they could be answered anno . of king richard the second , john lord of gomenez formerly committed to the tower for delivering up of the town of ardes in that kings time , of which he took upon him the safe keeping in the time of king edward the third , and his excuse being disproved , the lords gave judgment that he should dye , but in regard he was a gentleman and a baronet , and had otherwise well served , should be beheaded , but judgment was howsoever respited until the king should be thereof fully informed , and was thereupon returned again to the tower. king henry the second , did not tarry for the assembling a parliament to try henry de essex , his standard-bearer , whom he disherited for throwing it down and aftrighting his host or disheartning it . e. henry de bello monte a baron refusing to come to parliament upon summons , was by the king , lords and council , and the judges , and barons of the exchequer then assisting committed for his contempt to prison . anno e. . the bishop of winchester was indicted in the kings-bench for departing from the parliament at salisbury . neither did henry the eight forbear the beheading of his great vicar general cromwell , upon none or a very small evidenced treason , until a parliament should be assembled . the duke of somerset was indicted of treason and felony , the scond of december , anno . & . edwardi . sitting the parliament , which began the fourth day of november , in the third year of his raign , and ended the first day of february in the fourth , was acquitted by his peers for treason , but found guilty of felony , for which neglecting to demand his clergy he was put to death . in the raign of king philip and queen mary , thirty nine of the house of commons in parliament ( whereof the famous lawyer edmond plowden was one● ) were indicted in the court of kings-bench , for being absent without license from the parliament . queen elizabeth charged and tryed for treason , and executed mary queen of scots her feudatory , without the advice of parliament , and did the like with robert earl of essex her special favourite , for in such cases of publick and general dangers , the shortest delays have not seldom proved to be fatally mischievous . and howsoever it was in the case of stratford , archbishop of canterbury in the fifteenth year of the raign of king edward the third , declared that the peers de la terre ne doivent estre arestez ne mesnez en jugement , si non en parlement & par leur pairres , yet when there is no parliament , though by the law their persons may not then also be arrested at a common persons suit , they may by other ways be brought to judgment in any other court. and charges put in by the commons in the house of peers , against any of the peers have been dissolved with it . for sir edward coke hath declared it to be according to the law and reasonable customs of england , followed by the modern practice , that the giving any judgment in parliament doth not make it a session , and that such bills as passed in either or both houses , and had no royal assent unto them , must at the next assembly begin again ; for every session of parliament is in law ( where any bill hath gained the royal assent , or any record upon a writ of error brought in the house of peers hath been certified ) is and hath been accompted to have been a session . and although some of this latter quarrelling age have espoused an opinion , too much insisted upon , that an impeachment brought by the house of commons against any one makes the supposed offence , until it be tryed , unpardonable . a reason whereof is undertaken to be given , because that in all ages it hath been an undoubted right of the commons to impeach before the lords any subject for treason or any crime whatsoever . and the reason of that reason is ( supposed to be ) because great offences complained of in parliament , are most effectually determined in parliament . wherein they that are of that opinion may be intreated to take into their more serious consideration , that there neither is , nor ever was , any house or members of commons in parliament , before the imprisonment of king h. . by a rebellous part of his subjects , in the forty ninth year of his raign , or any kind of fair or just evidence for it . factious designing and fond conjectures being not amongst good pa 〈…〉 ots or the sons of wisdom ever accompted to be a sufficient , or any evidence . nor was the house of lords from its first and more ancient original , intituled under their king to a judicative power to their kings , in common or ordinary affairs , but in arduis , and not in all things of that nature , but in quibusdam , as the king should propose and desire their advice , concerning the kingdom and church in matters of treason or publick concernments , and did understand themselves , and that high and honourable court , to be so much forbid by law , ancient usage and custom to intermeddle with petty or small crimes or matters , as our kings have ever since the sixth year of the raign of king edward the first , ordained some part of the honourable house of peers , to be receivers and tryers of petitions of the members of the house of commons themselves and others , directed to the king to admit what they found could have no remedy in the ordinary courts of justice , and reject such as were , properly elsewhere to be determined , with an indorsement of non est petitio parliamenti . which may well be believed to have taken much of its reason and ground from a law made by king canutus who began his raign about the year of our lord , . nemo de injuriis alterius regi queratur nisi quidem in centuria justitiam consequi & impetrare non poterit . for certainly , if it should be otherwise , the reason and foundation of that highest court would not be as it hath been hitherto , always understood to be with a cognisance only de quibusdam arduis , matters of a very high nature concerning the king and the church . but it must have silenced all other courts and jurisdictions , and have been a continual parliament , a goal-delivery or an intermedler in matters as low as court leets , or baron and county courts , and a pye-powder court. and the words of any crime whatsoever do not properly signifie great offences , and that all great offences do concern the parliament , is without a key to unlock the secret not at all intelligible , when it was never instituted or made to be a court for common or ordinary criminals . for the house of commons were never wont to take more upon them than to be petitioners and assenters unto such things as the king by the advice of his lords spiritual and temporal should ordain , and obey , and endeavour to perform them . and an impeachment of the house of commons cannot be said to be in the name or on the behalf of all the people of england , for that they never did or can represent the one half of them , and if they will be pleased to exaimine the writs and commissions granted by our kings for their election , and the purpose of the peoples election , of them to be their representatives , substitutes or procurators , it will not extend to accuse criminals , for that appertained to the king himself and his laws , care of justice and the publick ; for the common people had their inferiour courts and grand juries , assises and goal-deliveries to dispatch such affairs without immediately troubling him or his parliament , and the tenour and purpose of their commissions and elections to parliament , is no more than ad faciendum & consentiendum iis , to obey and perform such things as the king , by the advice of his lords spiritual and temporal , should in parliament ordain . for although where the wife or children of a man murdered shall bring an appeal , the king is debarred from giving a pardon , because by our saxon laws derived from the laws of god , they are not to be disturbed in that satisfaction which they ought to have by the loss or death of the man murdered . yet the publick justice will not be satisfied without the party offending be arraigned and brought to judgment for it , if the party that hath right to appeal should surcease or be bought off , so as an appeal may be brought after or before the king hath indicted , and an auter foitz acquit in the one case will not prejudice in the other , and where the matter of fact comes to be afterwards fully proved , and the appeal of a wife or child of a bastard called filius populi , quia nullius filius , where only the king is heir , cannot vacate or supersede an indictment of the kings . neither is an appeal upon a crime or in criminal matters in the first instance to be at all pursued in parliament , by the statute made in the first year of the raign of king h. . the words whereof are , item for many great inconveniences and mischiefs that often have happened by many appeals made within the realm of england ( to the great afflictions and calamites of the nation , as it afterwards happened by the lancastrian plots and desings in that mischievous appeal in anno . of king richard the second ) before this time ; it is ordained and stablished from henceforth , that all the appeals to be made of things done out of the realm , shall be tryed and determined before the constable and marshal of england for the time being ; and moreover it is accorded and assented , that no appeals be from henceforth made , or in any wise pursued in parliament in any time to come . and therefore that allegation that the house of peers cannot reject the impeachment of the commons , because that suit or complaint of the commons can be determined no where else , will want a better foundation ( an impeachment of the house of commons , in the name of all the people being no other than an appeal to the king in parliament . ) and the suit of such as might be appellants in another place ( being there expresly prohibited ) cannot be supposed to be the concern or interest of all the people deserving or requiring satisfaction , or especially provided for by law to have satisfaction , unless it could by any probability or soundness of judgment be concluded that all the people of england besides wives , children or near kindred and relations ( the necessity of publick justice and deterring examples ) are or should be concerned in such a never to be fancied appeal of the people . and it will be very hard to prove that one or a few are all the people of england , or if they could be so imagined , are to be more concerned than the king , who is sworn to do justice , unless they would claim and prove a soveraignty , and to be sworn to do justice , which though they had once by a villanous rebellion attacked , until oliver cromwel their man of sin , cheated them of it ; for god would never allow them any such power or priviledge , or any title to the jesuits doctrine which some of our protestant dissenters , their modern proselites , have learned of them , that the king , although he be singulis major , is minor universis . and it is no denial of justice in the house of peers to deny the receiving of an impeachment from the house of commons , when they cannot understand any just cause or reason to receive it , and the records , rolls , petitions and orders of parliament will inform those that will be at the pains to be rightly and truly directed by them , that petitions in parliament have been adjourned modified or denied ; and that in the common or inferior courts of justice , writs and process may sometimes be denied , superseded or altered according to the rules of justice , or the circumstances thereof . and our records can witness , that plaintiffs have petitioned courts of justice recedere a brevi & impetrare aliud . and it cannot be said that the king doth denegare justitiam , when he would bind them unto their ancient legal , well experimented forms of seeking it in the pursuing their rights and remedies , & hinders them in nothing but seeking to hurt others and destroy themselves . for justice no otherwise denied should not be termed arbitrary , until there can be some solid reason , proof or evidence for it , when it is rather to be believed , that if the factious vulgar rabble might have their wills , they would never be content or leave their fooling until they may obtain an unbounded liberty of tumbling and tossing the government into as many several forms and methods , as there be days in the year , and no smaller variety of religions . and by the feudal laws , which are the only fundamental laws of our government and english monarchy , those many parts of the tenants that held of their mesne lords in capite , could not with any safety to their oaths and estates authorise any of their elected members of the house of commons in parliament , to accuse or charge any of the baronage of england , in the house of peers in parliament , although every tenant in his oath of vassalage to his mesne lord , doth except his allegiance to the king , and would be guilty of misprision of treason , if he should conceal it by the space of twenty and four hours , and if any of the elected would or should avoid such misprision of treason in the not performance of his duty and oath of allegiance , it would require a particular commission to his own elected members , and is not to have it done by way of a general representation when there is not to be discerned in the kings writ , or in the sureties , or manucaptors matters , or things to be performed , or in the indentures betwixt the sheriff and the electors , and elected any word of representation , or any thing more than ad faciendum & consentiendum iis , to assent and obey , do and perform such things as the king by the advice of the lords in parliament shall ordain , and if they would make themselves to be such representers , were to have a particular and express commission , to charge or impeach any one of themselves or of the house of peers with treason , or any other high misdemeanours . and they must be little conversant with our records , that have not understood that the commons have many times received just denials to their petitions , and that some have not seldom wanted the foundations of reason or justice . that many of their petitions have adopted the concerns and interests of others , that were either strangers unto them , or were the designs of some of the grand nobility who thought them as necessary to their purposes as wind , tide , and sails are to the speeding of a ship into the port or landing-places of their designs . for upon their exhibiting in a parliament in the year of the raign of king henry the sixth , abundance of articles of high treason , and misdemeanours , against william de la poole , duke of suffolk one whereof was that he had sold the realm of england to the french king , who was preparing to invade it . when they did require the king and house of lords that the duke ( whom not long before they had recommended to the king to be rewarded for special services ) might be committed prisoner to the tower of london , the lords and justices upon consultation , thought it not reasonable unless some special matter was objected against him . whereupon the said duke not putting himself upon his peerage , but with protestation of his innocency , only submitting himself to the kings mercy , who acquitting him from the treason and many of the misdemeanours , and for some of them by the advice of the lords , only banished him for five years . and that thereupon when the viscount beaumont in the behalf of the lords spiritual and temporal required that it might be inrolled that the judgment was by the kings own rule , & not by their assent , and that neither they nor their heirs should by this example be barred of their peerage . no protestation appears to have been made by any of the lords spiritual and temporal for or on the behalf of the commons . or by the commons for themselves . so as a different manner of doing justice can neither truly or rationally be said to be an absolute denial of justice , and was never believed to be so by the predecessors of the house of commons in parliament in our former kings raigns , when some hundreds of their petitions in parliament have been answered . there is a law already provided , or let the old law stand , or the king will provide a covenable or fitting remedy . and is not likely if it were , as it is not to be , any arbitrary power , or any temptation or inducement thereunto , to produce any rule or incouragement to the exercise of an arbitrary power in the inferiour courts , when there is none so weak in his intellect , but may understand that different courts have several boundaries , methods and forms of proceedings , and that the kings extraordinary great court and councel in his house of peers , although very just and unarbitrary in their procedures , is so always ready to succour the complaints of people , as it never willingly makes it self to be the cause of it . and cannot misrepresent the house of peers to the king and his people , in the case of mr. fitz harris , or any others , when that honourable assembly takes so much care as it doth to repress arbitrary power , and doth all it can to protect the whole nation from it , and many of the house of commons impeachments have been disallowed by the king and his house of peers in parliament without any ground or cause of fear of arbitrary power , which can no where be so mischievously placed , as in the giddy multitude whose impeachments would be worse than the ostracisme at athens , and so often overturn and tire all the wise men and good men in the nation , as there would be none but such as deserve not to be so stiled , to manage the affairs of the government , subordinate to their king and soveraign . to all which may be added , if the former presidents cited to assert the kings power of pardoning as well after an impeachment made by the commons in parliament , as before , and after an impeachment made by the commons , and received by the lords in parliament , or made both by the lords and commons in parliament , be not not sufficient that of hugh le despenser , son of hugh le despenser , the younger , a lord of a great estate , which is thus entred in the parliament roll of the fifth year of the raign of king edward the third , ought surely to satisfie , that the laws and reasonable customs of england will warrant it . anno e. . sir eubule le strange and eleven other mainprisers , being to bring forth the body of hugh the son of hugh le despenser the younger , saith the record , a respondre au prochein parlement & de ester au droit & affaire ce & de liu en conseil soit ordine & mesuerent le corps le dit hugh devant nostre seigneur le roi countes barons & autres grantz en mesme le parlement & monstrent les l'res patents du roi de pardon al dit hugh forisfacturam vite & membrorum sectam pacis homicidia roborias felonias & omnes transgressiones , &c. dated martii anno primo regni sui et priant a n're seigneur le roi quil le vousist delivrer de las mainprise & faire audit hugh sa grace & n're seigneur le roi eiant regard a ses dites l'res & voilant uttroier a la priere le dit mons'r eble & autres main pernors avant dit & auxint de les prelatz qui prierent molt especialment pur lui si ad comande de sa grace sa delivrance . et voet que ses menpernors avant ditz & chescun d'eux soient dischargez de leur mainprise & auxint & le dit hugh soit quit & delivrers de prisone & de garde yssint & si ho'me trove cause devors lui autre & nest uncore trove quil estoise au droit . and the english translator , or abridger of the parliament records , hath observed that the old usage was , that when any person being in the kings displeasure , was thereof acquitted by tryal or pardon , yet notwithstanding he was to put in twelve of his peers to be his sureties for his good behaviour at the kings pleasure . and may be accompanied by the case of richard earl of arundel in the year of the raign of king richard the second , being appealed by the lords appellant , and they requiring the king , that such persons appealed , that were under arrest , might come to their tryal , it was commanded to ralph , lord nevil , constable of the tower of london to bring forth the said richard earl of arundel , then in his custody , whom the said constable brought into the parliament , at which time the lords appellants came also in their proper persons . to the which earl the duke of lancaster ( who was then hatching the treason which afterwards in storms of state and blood came to effect against the king ) by the kings coommandment and assent of the lords declared the whole circumstances ; after the reading and declaring whereof the earl of arundel , who in anno of that kings raign had been one of the appellants , together with henry earl of derby son of the said duke of lancaster , and afterwards the usurping king henry the fourth against robert de vere , duke of ireland and earl of oxford , and some other ministers of state , under king richard the second , alledged that he had one pardon granted in the eleventh year of the raign of king richard the second , and another pardon granted but six years before that present time . and prays that they might be allowed . to which the duke answered , that for as much as they were unlawfully made , the present parliament had revoked them . and the said earl therefore was willed to say further for himself at his peril ; whereupon sir walter clopton , chief justice , by the kings commandment declared to the said earl , that if he said no other thing , the law would adjudge him guilty of all the actions against him . the which earl notwithstanding would say no other thing , but required allowance of his pardons . and thereupon the lords appellant in their proper persons , desired that judgment might be given against the said earl as convict of the treason aforesaid . whereupon the duke of lancaster , by the assent of the king , bishops and lords , adjudged the said earl to be convict of all the articles aforesaid , and thereby a traytor to the king and realm , and that he should be hanged , drawn and quartered , and forfeit all his lands in fee or fee-tail , as he had the nineteenth day of september , in the tenth year of the kings raign , together with all his goods and chattels . but for that the said earl was come of noble blood and house , the king pardoned the hanging , drawing and quartering , and granted that he should be beheaded ; which was done accordingly . but anno hen. . the commons do pray the reversal of that judgment given against him , and restoration of thomas the son and heir of the said richard earl of arundel . unto which the king answered , he hath shewed favour to thomas now earl , and to others , as doth appear . the commons do notwithstanding pray , that the records touching the inheritance of the said richard earl of arundel , late imbezelled , may be searched for and restored . unto which was answered , the king willeth . and their noble predecessors in that honourable house of peers , the lords spiritual and temporal in parliament long before that , videlicet , in the fifth year of the raign of king edward the third , made no scruple or moat point or question in law , whether the power of pardoning was valid and solely in the king after an impeachment of the lords in parliament , when in the case of edmond mortimer , the son of roger mortimer earl of march , a peer of great nobility and estate , the prelats , counts , barons , & autres gentz du parlement , did in full parliament , as the record it self will evidence , petition the king to restore the said edmond mortimer to his blood and estate , which were to remain unto him after the death of his said father , to whom it was answered by the king in these words ; et sur ce nostre seigneur le roi charge a les ditz prelats , countes & barons en leur foies & ligeance queux ils lui devoient & de puis ce que le piere nostre seigneur le roi que ore est estoit murdre per le dit counte de la marche & person procurement a ce quil avoit mesmes comdevant sa mort que eux eant regarda le roi en tiel cas lui consilassent ce quil devoit faire de reson audit esmon filz le dit counte les queux prelats , countes , barons & autres avys & trete entre eux respondirent a nostre seigneur le roi de common assent que en regard a fi horrible fait comme de murdre de terre & leur seigneur lige quen faist unques ne avoient devant en leur temps ne nes devant venir en le eyde de dieu quils ne scavoient uncore juger ne conseiller ceque seroit affaire en tiel cas . et sur ce prierent a nostre seigneur le roi quils poierent ent aver avisement tanque au proche in parlement la quelle priere le roi ottroia & sur ce prierent outre que nostre siegneur le roi feist au dit esmon sa bone grace a quoi il respond quil lui voloit faire mes cella grace vendroit de lui mesmes . sir thomas de berkeley ( who sir william dugdale in his book of the baronage of england , found and believes to have been a baron ) being called to account by the king , for the murder of his father king edward the second , to whose custody at his castle of barkeley , he was committed , not claiming his peerage , but pleading that he was at the same time sick almost to death at bradely , some miles distant , and had committed the custody and care of the king unto thomas de gourney & william de ocle ad eum salvo custodiendi , and was not guilty of the murder of the king or any ways assenting thereunto et de illo posuit se super patriam , had a jury of twelve knights sworn and impannelled in parliament who acquitted him thereof , but finding that he had committed the custody of the king to the aforesaid thomas de gournay & william de ocle , and that the king extitit murderatus , a further day was given to the said sir thomas de berkeley de audiendo judicio suo in prox . parliamento , and he was in the interim committed to the custody of ralph de nevil steward of the kings houshold . at which next parliament prierent les prelatz , countes & barons a nostre seigneur le roi on the behalf of the said sir thomas de berkeley , that he would free him of his baylor mainprize , whereupon the king charging the said prelats , counts and barons to give him their advice therein : le quel priere fust ottroia & puis granta nostre seigneur le roi de rechef a leur requeste que le dit mons'r thomas & ses mainpernors fusseient delivres & discharges de lure mainprise & si estoit jour donne a dit thomas de estre en prochein parlement , which proved to be a clear dismission , for no more afterwards appeareth of that matter . neither after a fierce impeachment in the said parliament of r. . against thomas arundel archbishop of canterbury and chancellor of england , of high treason , upon which he was by that injured prince condemned and banished , when as the record saith , les dits countz prierent au roi ordenir tiel jugement vers le dit ercevesque come le cas demande & le roi sur ceo recorda en le dit parlement que le dit ercevesque avoit este devant lui en presence de certeines seigneurs & confessor que en la use de la dite commission il sey mesprise & lui mist en la grace du roi surquoi , the judgment was given against the said archbishop , that he should be banished and forfeit all his lands , goods and estate , when in the first year of the raign of the usurping king h. . that archbishop not tarrying long in exile , the minds of the commons became so setled on the prevailing side , that there was so small or no opposition made by them against him , as the duke of york and earl of northumberland , and others of the blood of the said archbishop of canterbury did in parliament pray the king that the said archbishop might have his recovery against roger walden , for sundry wasts and spoils done by him in the lands of the said archbishoprick , which the king granted , and thanked them for their motion . the bishop of exeter chancellor of england at the assembling of the parliament , taking his text out of the prophecy of ezekiel , rexerit unus omnibus , alledging the power that ought to be in soveraign kings and princes whereby to govern , and the obedience in subjects to obey , and that all alienations of his kingly priviledges and prerogatives were reassumable and to be repealed by his coronation-oath , pour quoi le roi ad fut assembler le estatz de parlement a cest faire pour estre enformer si ascun droitz de sa corone soient sustretz ou amemuser a sin que par leur bon advis & discretion tiel remedie puisse estre mis que le roi puisse esteer en sa libertie ou poir comme ses progenitors ont este devant lui & duissent de droit non obstante ascun ordinance au contraire & ainsi le roi as tener , et les governera , whereupon the commons made their protestation , and prayed the king that it might be inrolled , that it was not their intente ou volunte to impeach or accuse any person in that parliament sans congie du roi , and thereupon the chancellor , by the kings command , likewise declared , that nostre seigneur le roi considerant coment plusieurs hautes offenses & mesfaits on t estre faitz par le people de son roialme en contre leur ligeance & l' estat nostre seigneur le roi & la loie de la terre devant ces heures dont son people estiet en grant perill & danger de leie & leur corps & biens & voullant sur ce de sa royalle benignite monstre & fair grace a son dit people a fyn quilz ayent le greindre corage & volonte de bien faire & de leure mieux porter devors le roi entemps avenir si voet & grante de faire & ease & quiete & salvation de son dit people une generalle pardon a ces liges forspries certaines pointz limitez par le samant la suite al partie forspris cyn quont persones queux plaira au roi nomer & tour ceux qui serront empeacher en ce present parlement & dit austre que le dit roi voet que plein droit & justice soyent faitz a chascun de ses liges qui en voilent complandre en cest parlement & ad ordiner & assigner receivers & triers des petitions en cest parlement . and did in pusuance thereof in full parliament excuse , the duke of york the bishop of worchester , sir richard le scroop then living , william late archbishop of canterbury , alexander late archbishop of york , thomas late bishop of exeter , and michael late abbot of walton then being dead , of the execution and intent of the commission made in the tenth year of his raign , as being assured of their loyalty , and therefore by parliament restored them to their good name . and it is more than a little probable that the prelates , counts and barons in that honourable house of peers in parliament , did well understand that the king was a fit , and the only person to petition unto for that pardon , discharge or dismission amounting to a pardon , and did not think it to be either legal or rational to petition the people and their fellow subjects , upon a supposed incredible and invisible soveraignty , no man knows when or how radicated and inherent in them . the decree of the great ahashuerus that raigned from india to ethiopia over one hundred twenty seven provinces , whose laws were holden to be irrevocable , was reversed for the preservation of the jewish nation upon the petition of queen esther , and his holding out his golden scepter unto her . the inquiet people of athens now come enough under a mahometan slavery , would not again wish for draco's bloody repealed laws , without the mercy of a prince to moderate them according to the rules of a prudent and discerning mercy . which made the goodness and wisdom of solomon , so extraordinarily eminent in his determination in the case betwixt the two mothers claiming one child . neither can a people ever be , or so much as think themselves to be in any condition of happiness when their laws shall be inflexible and hard hearted , and there shall be no superior power to allay the rigidness or severity of them . no cities of refuge or asylums to fly unto , upon occasion of misfortunes , which god himself ordained for his chosen people of israel . and therefore when juries may erre or play the knaves , be corrupt , malicious or perjured , and judges mistaken , our judges have in their doubtings stayed the execution until they could attend the king for his determination . whereupon his pardons did not seldom ensue , or a long lease for life was granted to the penitent offender , it being not amiss said by our old bracton , that tutius est reddere rationem misericordiae quam judicii , the saxons in doubtful cases appealed to god for discovery , by kemp or camp , fight , fire or water ordeal , which being now abolished and out of use , requires a greater necessity of the right use of pardoning ; for sir edward coke saith , lex angliae est lex misericordiae , like the laws of scripture wherein mercy is not , opposite unto justice but a part of it , as john . psalm . . jer. . , , , . ezek. . , . and it hath not been ill said that justitia semper mitiorem sequitur partem , for it is known that a judge since his majesties happy restoration , who , were he now living , would wish he had made a greater pause than he did in a case near brodway-hills , in the county of worcester or glocester , where a mother and a son were , upon a seeming full evidence , hanged for the murther of a father , who afterwards when it was too late , appeared to be living . and posterity by the remembrance of matters and transactions in times past , may bewail the fate of some ministers of state , who have been ruined by being exposed to the fury of the people , ( who did not know how or for what they did accuse them ) and left to the never to be found piety or wisdom of a giddy , incensed and inconsiderate accusing multitude , and hurrying on the reasonless or little wit of one another . and consider how necessary it had been for the pious good duke of somerset , in the raign of king edward the sixth to have had his pardon , when at his tryal neither his judges , nor the prevalency of the faction that would have rather his room than his company , nor himself could remember to put him in mind to demand the benefit of his clergy . or how far it would have gone towards the prevention of that ever to be wailed national blood-shedding miseries and devastations , which followed the murthers of the earl of strafford , and archbishop land , if their inno cencies had but demanded and made use of his late majesties pardon . or what reason can be found why a pardon after an impeachment of a particular person by an house of commons in parliament , or an house of peers joyning or consenting therewith , should not be as valid and effectual in law , reason and good conscience . as the very many general pardons and acts of oblivion , which have been granted by our kings and princes to their people for extortions of sheriffs , bayliffs , &c. together with many other misdemeanours , grievances and offences , often complained of in many of our parliaments , as the records thereof will witness , whereby they have acquitted and given away as much of their own just rights and regal revenues to their subjects , then the aids and subsidies , which they have contributed towards their preservation , and in theirs their own , and have been more especially by our late soveraign , who may be truly stiled le deboniere and to have been piger ad paenas ad praemia velox . and whilst we sit by the waters of babylon , and sadly bewail the loss and casting away of our tenures in capite the chariots and horsmen , and the glory and strength of our israel , for a miscalled recompence by an excise before our presbyterian , and common ill rather than commonwealth rebels had to maintain their wicked designs , introduced that dutch devil called the excise upon our half boiled , and half malted ale and beer , making our drink to be as the waters of marah , and in the opinion of our doctors of physick , an especial friend to our now much complained of seldom heard of before that wicked rebellion , the scurvy and one of the most grievous and general burdens , that could be laid upon the common sort of labouring poor people , and those tenures in capite were so essential and high a part of our monarchick government , as all the judges of england did in the raign of king james the first agree and certify that they were so inseparable from the crown of england , as they could not be altered or taken from it by an act of parliament , and that learned and pacifique prince having been much tempted thereunto in his great want of money , by an offer of l. per annum , which was more than the whole profits of the excise upon ale , beer , cider , coffee , &c. all the salaries , cheats , charges and allowances , filchings , lurches and false accompis deducted , could or did amount unto , that kind of revenue being since his late majesties death to be no more than a moyety thereof ; and these tenures in capite were so inherent in the crown of england , as divers of the learned judges of england in their arguments in the exchequer-chamber in the raign of king charles the martyr made no scruple to assert that the tenures in capite were of so high a nature , that they could not be taken away by any act of parliament . and to take away from our kings and princes , the love and honour of the people , as well as they had done the tenures in capite , the nerves and sinews of our monarchick government , it was the especial work and design of those enemies of our former happiness to take away also the honour of his crown and hospitality , and could not think they had done all their work until they had thrown the pourveyance into the bargain of the tenures in capite , which nothing but the value of the kingdom it self could make an equivalent recompence or purchase , and the unhappy contrivers thereof might have put a better value upon it , when in michaelmas term in the third year of the raign of king james the first , all the judges of england did certify that it was a praerogative of the king at the common law , and that all the statutes which have been made to correct abuses in the purveyances took not away the purveyances , but confirmed them . et qui tollit iniquitatem firmat proprietatem & confirmat usum . and all those mischiefs done by one that unhappily might have taken more heed of an assembly , which some flatteringly called the collected wisdom of the nation , when he could not well esteem them so to be , when by fudling , drinking , bribing , and all the base cheats imaginable they had procured themselves to be made members of that much miscalled parliament . and yet after his late majesties miraculous restoration being advanced unto great preferments , and at the last a grand minister of state , did so think well of his own doings , as he publickly at the table of sir harbottle grimston master of the rolls in chancery-lane in the hearing of many worthy persons , sir nicholas strode , john hern esquire , and others , one of them yet living ready to testify it , what a most especial service he had done for the king and kingdom when he was a member in parliament , and known to be the kings sollicitor general by a motion without any the kings privity or direction to dissolve and destroy the tenures in capite , and accept a recompence for them , which serjeant glyn a former grand rebel to his majesty , and after his restauration crept in as the most of them did , and got to be members of parliament , was ready to assist by the offer of a recompence by an excise upon ale , beer , sider , and coffee , a limb of that dutch devil which they had made use of in their rebellion and time of his late majesties , and now majesties persecution . at which the company standing amazed , and sir nicholas strode said , that he should never have fought for the late blessed martyr , or come to his setting up his standard at nottingham if he could have foreseen it , the most of the nation at that time , and almost ever since , verily believing that it had been the folly and evil doing of sir edward hyde the late lord chancellor , afterwards earl of clarendon , and therefore was sufficiently railed upon , cursed and banned for it , and yet he was so faultless and innocent therein , as it can be witnessed by the now earl of clarendon his son lord lieutenant of ireland and lord privy seal in the kingdom of england , that this overbold & presumptuous motion of a servant and councel at law of that unfortunate weather-beaten prince , not being at all informed how or by whom the project came to be first hatched or moved , his late majesty calling together his privy councel , and advising upon that most unhappy proposition , wherein the rebel parliament in february . had made some vote , act or ordinance against the aforesaid tenures under the notion of the court of wards , being but two years before his royal fathers murther , and oliver cromwel had made some act of his worships miscalled parliament some few years after , as it behoved for the destruction of those tenures in capite , when he intended as much as he could to take away the kingship and monarchy , until he could make himself fit to govern a foolish , besotted , rebellious people , they having before not at all made any mention or request to have the said court of wards put down , or the tenures in capite by their high and mighty propositions , nor were any complaints of grievances made thereby , nor in all our parliament records or journals or historians since or before the raigns of king edward the confessor , and william the conqueror , doth there appear to have been any petitions in parliament against them , neither in that as it were intended deposing remonstrance of the th of december . wherein nothing was omitted that might injure or calumniate per fas aut nefas the kings authority or government , there appears to have been nothing against either the tenures in capite or court of wards . and it can be proved that the royal martyr during his imprisonment in the isle of wight , had designed that if ever he came again to his rights , he would upon all his crown or chequer leases reserve some military services , notwithstanding all which his late majesties great want of present money , and some setled revenue , perswaded him to hearken more than otherwise his own great judgment would have done . the earl of radnor was much against their dissolution , alledging that the constitution it self was good , and was not in it self to be cast away by any male-administration : sir geffery palmer was very much for the preservation of the tenures , and so were many other , and the lord chancellor clarendon very much , and so greatly , as he called to the said sollicitor general , and said , will you also put down the pourveyances ? saying with some passion , by god we seem to be against the late commonwealth , and yet are acting for it . and his late majesty was so unwillingly drawn to be in love with that ever to be deplored parliament contrivance to decapitate the monarchy , and not only that , but ireland , and render all the inferiour part thereof , to be in a paralitique or dead palsical over-benummed in its members , as before that act passed , he sent for one mr. darnel , an ancient and experienced clerk and attorney in the court of wards and liveries , to propose some expedient for the regulation of any thing that had been acted amiss in that court , who bringing it unto him in writing , he so much approved thereof , as he took him by the hand , and gave him great thanks , but the fatality of that lamentable attempted alteration of our ancient monarchy , into an anarchy or poliarchy , with , by their good will , a nudum nomen of a metamorphosed monarchy , and that unhappy as aforesaid proposer of it , cannot if he were now amongst the living but remember that after i had written a book to justify the tenures in capite entituled tenenda non tollenda , dedicated to the lord chancellor , but delivered it unto him before the act had passed against them , and not at all imagining that mr. solicitor ▪ general had been so over-active in destroying them , desired him that he would be a means to procure the military services to be reserved , was answered , it could not be done , and yet notwithstanding about a year or two after attending him about some other affairs , he was pleased to say unto me , mr. philipps , do you ever think to write in the tenures in capite again ? unto which i answering , no sir , but i think the child that is yet unborn may rue it , unto which he replyed , so do i also think , or i am of that opinion , which shews , that though he did it without the kings knowledge , and as a special service to be done unto him , did him that great mischief he never intended , and was sorry for it afterwards . but when it was the wisdom of former ages to know what to contend for before they quarrelled , therefore it may be necessary to let the cavalling party understand that there are multitudes of priviledges which are not priviledges of parliament , but truly and properly are the priviledges and properties in their own estates , and they may be kinder to themselves if they will but take a view of such priviledges and properties , as they can call their own . § . of the protection and priviledge granted unto the members of the house of commons in parliament by our soveraign kings and princes , during their attendance and employments in their great councels of parliament according to the tenor and purport of their commissions . could be granted by none but by our kings the original either by grant or permission of all priviledges and liberties enjoyed by their subjects under or in order to their monarchick regal government , a view or prospect whereof well warranted by our laws records , and annals , and from time to time contemporary historians , and experimented rules of right reason may serve to settle and rectifie the ill founded and superstructed fancies and opinions rather than judgments , built thereupon , which like some ignis fatuus , have led many otherwise well meaning people , that heartily hated rebellion , and perjuries , into the bogs , and snares of those very great and pernicious sins against god , and his vicegerents their neighbours and fellow subjects when their so ever much mistaken priviledges of parliament will appear to be no more but temporary , and of no long duration but from one usually short parliament to another when they were petitioned for before they were granted . the finis , end or motives whereof was primarily and principally the kings important occasions of summoning a parliament , and causing them to come thither , and he only was the efficient cause , or causa sine qua non , thereof to protect and keep them from disturbances , whilst they were busy and employed in his service , either in their coming , tarrying or returning . and therefore the members of the house of commons , were so sensible and willing to have those priviledges to be granted unto them , as might be necessary for the affairs wherewith he had intrusted them , as they not dceming any other to be requisite or belonging unto them . and not thinking any more or other priviledges to be requisite for the publick good , were by the kings license for better orderand methods sake , to elect one of their members to be their speaker , and present him unto the king , who very seldom refused him , notwithstanding his usual disabling himself by modest excuses after whose allowance he did in the presence of many of his fellow members make it his and the house of commons special request at that time before , and ever since believed to be pertinent and necessary the priviledge of freedom of access to his majestys person , and freedom from arrest and imprisonment for themselves ; and their moenial servants whilst they according to their duties attended his commands in veniendo , morando , & redeundo , and a third for himself since the miscarriage of an over-busy speaker in the raign of king henry the fourth to be pardoned for his ignorance in case he should speak any thing ignorantly to the displeasure of his majesty , which ought to be kept within their proper limits and bounds , and not let loose to all or any the extravagant interpretations of the roving fancies , either of the vulgar or factious , neither making additions thereunto , or supernumeraries , or as many as they please , by a new art of mutiplication , alchymy , or transmutation , or as if they had purchased th● often beggaring and deluding so called philosophers stone properly enough so stiled from making their sectaries to be as poor as philosophers use to be ) by transmating all that it toucheth into it self , or something like it , and rendring the aforesaid two or three priviledges to be , or , , or : cum multis aliis , there having been an abundance of various sort of priviledges ( not priviledges of parliament ) as well civil as ecclesiastick even to an excess granted by the indulgence of our kings and princes in the great and various concerns of their particular affairs and estates as far as the extent of their fancies could carry them , and therein grew to be something confident , if they could procure some success to warrant it , they might in good time by the help of their never-tyring cavilling tricks and endeavours , accomplish as much as ever the colledge de beaux esprits at paris , or the experiment-mongers of our gresham colledge did hope to do by the transmutation of young blood into old bloodless carcasses which might have done no small mischief to our circulating doctors of physick . and therefore certainly it would be more available , before we hunt our selves out of our loyalty , christianity , religion , wits and estates , to enquire into the natural and true meaning of the word priviledge of parliament , and proprieties , and how far it can carry us into those very different proprieties , and that which we may truly and not fictitiously call our own . wherein the civil law that universal method of the reason of the world in the diffinition and true meaning and intent of priviledges concludeth , that privilegium neque stricte neque nimis large interpretari debet ne gravem aliis jacturam adfert , quando igitur sine quavis gravamine alterius non possunt concedi privilegia proximum est ut cessant cum nimium laedant . et privilegium est quod contra communem civilium ordinatio tenorem propter aliquam naturalis aequitatis rationem certa constituentium authoritate introductum est unde apparet , saith cicero , quod privilegium contra jus naturae vel utilitatem publicam non magis sunt privilegia quam tirannis . privilegia ultra suam propriam naturam non extendi debet , nec ad ea quae neutiquam prima sua origine sunt directa aliquin etiam ad incognita contra intentionem dantis extendi possent quod in jure absurdum est . expressa privilegia a re ex jure proprio majestatis & superioritatis proprie privilegiorum concessio non tantum arguit superioritatem dantis , & inducit subjectionis speciem in persona impetrantis & quidem . ita ut privilegium non subdito concessum regulariter in contractum transeat , sed & soli principi summo & qui regalem dignitatem & potestatem exercendi jura principis quoad subditos suos in suo territorio concessit , competit per l. vinc. ( de his qui a princip . vac . accep . lib. . ) privilegia jus superioritatis stricte & quidem ita interpretari convenit ut semper intelligantur salvo jure superioritatis concessa privilegii , enim interpretatio non debet verti contra autorem ; ita quod per privilegia subditi desinant esse subditi , sed quod tanto magis esse debent subditi cum privilegia proprie non nisi subditis dantur , & quis dubitat eum qui privilegium libertatis accipit leges alterius agnoscere cum privilegium non sit nisi exemptis a jure communi l qui singulare f. de l. and very often confirmed priviledges that have been incroached or usurped may justly come within the compass of that rule also of the civil law much allowed and made use of in our common law. quod ab initio non valet tractu temporis non convalescit . confirmatio ex certa scientia quamvis det robur , non tamen extenditur ad id quod in eo non includebatur secundum bald. sing . in l. . in fin c. interpretatio privilegiorum , ita siat necesse est nec torqueatur , sed facto deserviat neque factum variare oportet ut privilegio respondeat . privilegium debet esse observatum et clarum , michael ant. frances , de veritigati aequivocum nihil operatur p. . in privilegiis mens concedentis attenditur cap. . n. . privilegium transit in contractum ex causa onerosa , fieri dicitur nec revocatur cap. . et et . p. . ex privilegiatis duobus quis sit praeferendis cap . p. . magis privilegiatus praecellere debet ratione dignitatis , privilegium non extendit se ad ea quae de facili concedi non solent ; qualis est derogatio concilii , cap. . n. . non datur res quae not sit cap. . & . & . p. . concessum ex causa ea cessante revocatur etiam si concedens ex alia causa ea concessisset , cap. . n. . p. . revocatur nova causa superveniente , cap. . n. . p. . non datur nisi aliquid particular . concedat , cap. . n. . p. . privilegium & exemptio laedunt jus commune cap. . n. , p. . privilegium ratione scandali revocatur , cap. . n. . p. . and there were priviledges that were more stable , yet no parliament priviledges , such as st pauls was of being a freeman and citizen of rome , bought , as he said , with a great price , and some coloniae & mancipiae had the same laws and priviledges , which rome had , the four great high ways made by the romans in brittain , to keep their souldiers from idleness , as watlinstreet , &c. had great immunities and priviledges , as to have the persons and goods of such as travailed or dwelt therein freed from arrest or distress . et privilegia quae utilitati publicae sunt dannosa strictam interpretationem requirunt quia generaliter quicquid contra jus vel utilitatem publicam in quolibet negotio prefertur non valet l jubeamus . c. des s. ecclesiae . the decree of the great king ahashuerus that raigned from india to ethiopia over provinces , his laws being holden to be irrevocable , were as unto some part of them reversed for the preservation of the jewish nation upon the petition of queen esther , and his holding out his golden scepter to her . and the house of commons themselves did in a parliament in the year of the raign of king richard the second certainly so understand and believe it , when they recommended to posterity their dutiful protestation to their king and soveraign , and request to have it specially inrolled in these words , item les ditz comes fierent protestation devant le roi en plein parlement & ils vurroient monstrer & declarer mesme le jour en plein parlement certeine matieres & articles deus queux ils fierent alors aviser & entre eux accorder nient majus il fust & est leur entent & volunte percongie de nostre seigneur le roy de accuser & empesther persone ou persones a tantes de foiz come leur sembleroit affaire durant le temps de cest present parlement & prierent au roy & lui pleiroit accepter leur dite protestation & quil soit entrer en rolle de parlement de record la quele chose nostre seigneur le roi leur ad ottroie & commanda a destre fait , and did think it not to be unbecoming their duty to require license of the king to charge or accuse any person or persons in that tempestuous parliament nor did beleive that their accusations or impeachments should or ought to be so fatally mortal when in the first year of the raign of king henry the th , by a patched contrivance of the parliament in the raign of king h. . the same commons in parliament desired that the judgment given against the said earl of arundel , whose pardon but a little before had been rejected , might be reversed , and a restoration made of all his lands , estate and evidences . and those their priviledges being but personal and temporary , and after they were allowed by our kings a speaker , which was about the raign of king r. . the house of commons well knowing who was the only donor of them , never fail'd , at the change & allowance of every of their speakers to give him in charge to petition in their behalf unto the king for the same , no other priviledges , being necessary for the aforesaid imployment . upon the violation of any whereof by any of their fellow subjects they did so well understand the extent of those their temporary peculiar and limited priviledges with the obligations of their oaths of allegiance and supremacy , and that it neither appertained unto them , nor was or could be in their power to cause or enforce a better observation thereof , but it was only in the king that granted them , and was to be vouched to warranty , which was in common and ordinary matters very usual in our laws and reasonable customs , and therefore to him only as the grantor and protector of their parliament priviledges and not to themselves the gratitude and acknowledment was only due . and the house of commons until this our present unruly age or century did not adventure to take upon themselves , or endeavour by any pretended authority of their own to punish any the violators of their aforesaid priviledges , but supplicated aid of their kings and princes that were the donors and granters of them . and therefore in the raign of king henry the fourth , it was adjudged , that as the record witnesseth , videtur cur. quod non . for in anno h. . william lark a servant of william wild , burgess of parliament being arrested upon an execution during the parliament , the commons petitioned the king to give order for his discharge , and that no lords , knights , citizens or burgesses , nor their servants coming to the parliament , may be arrested during the parliament , unless it be for treason , felony or breach of the peace . the king granted the first part of the petition , et quant al residue le rei sa avisera . the commons prayed , that edmond duke of somerset , alice poole , the late wife of william poole , duke of suffolk , william bishop of chester , sir john sutton , lord dudley , the lord hastings , james de la barre , one of the kings secretaries , and , or knights and esquires , particularly named , amongst which was thomas kemp clerk of the house of commons ( which the commons themselves and their own clerk had not them found to be either a liberty or priviledge of their own to punish ) might be banished from the king during their lives , and not to come within twelve miles of the court , for that the people do speak evil of them . to which the king answered , he is of his own meer motion contented that all shall depart , unless only the lords , and a few of them whom he may not spare from his presence , and they shall continue for one year to see if any can duly impeach them . in anno h. . the commons made a request to the king and lords , that thomas thorp their speaker and walter roil a member of their house who were in prison , might be set at liberty according to their priviledges . the next day after the duke of york ( who was then a rival for a long time , but after a publick competitor for the crown and president of the parliament ) came before the lords ( not the commons ) and shewed that in the vacation ( of the parliament ) he had recovered damage against the said thomas thorp in an action of trespass by verdict in the exchequer for carrying away the goods of the said duke out of durham house , for the which he remained in execution , and prayed that he might continue therein . wherein the councel of the judges being demanded , they made answer , it was not their part to judge of the parliament which was judge of the law ( wherein surely they might rather have said what they should have most certainly have believed then as sir edward coke did long after that the king was principium , caput & finis parliamenti ) and only said that a general supersedeas of parliament there was but a special supersedeas in which case of special supersedeas every member of the commons house ought to enjoy the same unless in cases of treason , felony , surety , of the peace , or for a condemnation before the parliament . after which the lords determined that the said thomas thorp should remain in execution , and sent certain of themselves to the commons ( who then had so little power to free themselves from arrests and imprisonment , as they could not deliver their own speaker out of prison , but were glad to follow the direction of the king and lords to chuse and present unto the king another speaker ) the which they did , and shortly after certain of the commons were sent to the lords to declare that they had in the place of the said thomas thorp chosen for their speaker thomas charleton esquire . walter clark a burgess of chippenham in the county of wilts being committed to the prison of the fleet for divers condemnations as well to the king as to others , was discharged and set at liberty at the petition of the commons to the king and lords without bail or mainprise . at the petition of the commons william hill , a burgess of chippenham aforesaid being in execution in the kings-bench was delivered by a writ of the chancery saving the plaintiffs right to have execution after the parliament ended . it was enacted by the universal vote and judgment as well of the commons as the lords , that john atwil a burgess for exeter being condemned during the parliament in the exchequer upon several informations at the suit of john taylor of the same city , shall have as many supersedeas as he will until his returning home . king henry . in the case of trewyniard a burgess of parliament imprisoned upon an outlawry after judgment caused him to be delivered by a writ of priviledge upon an action brought against the executors and a demurrer it was resolved by the judges to be legal . george ferrers gent. servant of the king , and a burgesse of parliament , being arrested in london , as he was going to the parliament-house by a writ out of the court of kings bench in execution at the suit of one white for the sum of markes , being the debt of one walden , which arrest being signifyed to sir tho. moyle knight , speaker of the house of commons , and to the knight and burgesses there , an order was made that the serjeant of the mace attending the parliament should go to the compter and demand the prisoner , which the clerks and officers refusing , from stout words they fell to blows , whereof ensued a fray not without hurt , so as the said serjeant was forced to defend himself with his mace , and had the crown thereof broken off by bearing off a stroak , and his servant struck down , which broil drawing thither , the sheriffs of london who did not heed or value the serjeants complaint and misusage so much as they ought , but took their officers parts so as the serjeant returning without the prisoner , informed the speaker of the house of commons how rudely they had entertained him who took the same in so ill part , that they all together , some of whom were the kings privy councel , as also of the kings privy chamber resolved to sit no longer without their burgess , but left their own house and went to the house of peers , and declared by the mouth of their speaker before sir thomas audley knight then lord chancellor and all the lords & judges there assembled , the whole matter ( such no estates they believed themselves to be ) who judging the contempt to be very great , referred the punishment thereof to the order of the house of commons , who returning to their places again , ordered that their serjeant should go to the sheriffs of london to demand the delivery of their burgess without any writ or warrant , albeit the lord chancellor offered to grant them a writ , which they refused , as being of opinion that all commandments and orders of their house by their serjeants only shewing of his mace ( the ensign of their soveraigns authority ) without a writ , would be authority sufficient , but before the serjeant came into london the sheriffs having intelligence how heinously the matter was taken , better bethought themselves , and delivered the prisoner , but the serjeant , according to his command charged the sheriffs to appear the next morrow in the house of commons , bringing with them the clerks of the compter , and the said white was likewise taken into custody , whereupon the next morning the said sheriffs and clerks , together with the said white , appearing , were compelled to make answer without councel , and with the sheriffs , and the said white were committed to the tower of london , and the officers and clerks to newgate , where they remained for some days , and were after delivered , not without the humble suit of the lord mayor of london , and divers of their friends ; but a debate and questions arising in the house of commons , which lasted or days together , how to preserve the debt of the creditor whilst they enjoyed the priviledge of parliament by delivering mr. ferrers out of prison upon an execution , and some being of opinion that it was to be salved only by an act of parliament , and not well agreeing also thereupon the king being advertised thereof , summoned to appear before him the lord chancellor , and the judges and the speaker of the house of commons , and other the gravest persons of that house who after his judicious arguments concerning the extent and warrantableness of the priviledge of parliament , and his own more especially in the granting thereof touching the freedom from arrests ( which all the judges assented unto , none speaking against it ) commended notwithstanding the intention of his houses of parliament to have an act to preserve the creditors debt , who he said deserved to have lost it , the act of parliament was consented unto by the commons , but passed not the house of lords by reason of the sudden dissolution of the parliament . upon the report made by mr. attorney of the dutchy of lancaster chairman or principal of the committee of the house of commons for the delivery of edward smally a servant of mr. hales a member of parliament arrested in execution , that the said committees found no president for the setting at large by the mace ( and if they had , it had but denoted the kings sole authority for that it was his mace and his serjeant at arms that carried it , and none of their mace or serjeant ) any person in arrest but only by writ , and that by divers precedents of record perused by the said committee , it appeareth that ever knight , citizen and burgess of the house of commons in parliament which doth require priviledge , hath used in that case to take a corporal oath before the lord chancellor or lord keeper of the great seal of england for the time being , that the party for whom such writ was prayed was his servant at the time of the arrest made . and thereupon mr. hall was ordered by the house , that he should repair to the lord keeper , and make oath in form aforesaid , and then to proceed to the taking of a warrant for a writ of priviledge for his said servant according to the said report , and it so appears by the journal of the house of commons , and saith mr. elsing , the writ of priviledge being so easy to be had , what needed any petitions to be made by the commons to the king and the lords for the same , and as there is no precedent for this in the times of edward the third , richard d h. . nor h. . so there are none to the contrary . there being then no such opinions as have been since indulged and seditiously enough espoused by some that would go so far beyond truth and reason as to believe that the members of the house of commons that are or shall be , have a charter of ordination , or which is more , of a never to be prov'd commission from an unintelligible power of soveraignty of the people . and a man might wonder himself almost into an extasy or inanition how or by what magical or strange artifice sir edward coke in the latter end of his age and treasury of law and good learning , if he had ever studied and read as he ought to have done the feudal laws , which were our fundamental laws , and the original of our once ( and i hope may be again ) happy government , and might before he came to be over-credulously infected with the impostures of the modus tenendi parliamenta , and mirrour of justice , have well understood that they were no other than those which are and long have been the laws of the britains , saxons , germany , france , and spain , the goths , vandals , and longobards , denmark , norway , sweden , hungary , bohemia , holland , and west freizland , gelderland , savoy , transilvania , silesia , moldavia , walachia , navarre , catalonia , and the republicks of geneva and genoa , kingdoms of naples and sicily , dutchies of lorrain , millian , and florence , with some little small diversities , and that all our multitudes of allowed customs , usages and priviledges by the indulgence of our kings and princes , and their laws , have had no other fountain or original , and should confess that our magna charta , and carta de foresta which were not only some relaxations , liberties and priviledges granted and allowed by our king henry the third , but were expressly granted to be holden of that king his heirs and successors in capite , and that both they and all our acts and ordinances made them to be no other than as their patroni or foundation ; and that our colloquia generalia or magna concilia , or curia , as brodon stiles them now , or for many ages past called parliaments , and even those beneficia and laws were not unknown to the brittains in the time of their valarous and great king arthur , and could tell how when he was a member of parliament in the third year of the raign of king charles the martyr , and one of the most eminent and busy , to name and stile the petition of the lords spiritual and temporal , and commons in parliament assembled , their petition of right , when that which they would there claim to be their rights and liberties , had no right , reason , law , president , true history or record to back or assert what they desired the king to give his royal assent or fiat unto , and was no more the rights of the people truly understood than to desire a liberty to pull down the house or government upon their own heads , carve out their own destruction , and entail it , or as little children left alone in an house with a great fire without any wiser body to regulate or take care of their actions , would deem it to be a brave sport and liberty to play with the fire , until they had set the whole house on fire , and burnt themselves into the bargain ; and if after he had by his practice and study of the common law , which was nothing but our feudal laws , too much forgotten or unknown unto those that would be called our common lawyers , and gaining l. per annum , lands of inheritance , made his boast that he had destroyed the so fixed and established deeds of entail , and the wills and intent of the donors , as nothing of collusion , figments , or other devices , should prejudice , and no gentleman or lover of honour , gentry or families , would ever have had an hand in such a destruction , levelling , clowning , citizening , and ungentlemanning all , or too many of the ancient families of england ; and if he could have lived to have seen or felt the tossing , plundering , and washing in blood three great and flourishing kingdoms , would have wept bitterly and lamented , or with job , have cursed the hour or time of his birth , that he should ever have given the occasion or been instrumental in the promoting or being a contributor unto those very many dire confusions and disasters that after happened ; for if he had well read and weighed the history and records both before , & shortly after the gaining of that act of parliament de tallagio non concedendo , without the consent of the lords spiritual and temporal , and commons in parliament assembled , and how much that great and prudent prince king edward the first , was pressed and pinched , when his important affairs caused his sudden transfrecation by the overpowering party of three of his greatest nobility , viz. bohun earl of hereford and essex constable of england , clare earl of gloucester and hertford , and bigod earl of norfolk earl marshal of england , all whom and their ancestors had been advanced to those their grandeurs by him , and his royal progenitors had so catched an advantage upon him , and were so merciless in their demands , as they not only would not allow him a saving of his jure regis , very usual and necessary , in many of our kings and princes grants as well in the time of parliaments as without , but enforced an oath upon him , which he took so unkindly , as he was constrained shortly after to procure the pope to absolve him of , for that it had been by a force put upon him , ( which a protestant pope might have had a warrant from god almighty so to have done , but did after his return into england so remember their ill usage of him , as he seized their three grand estates , and made the two former so well to be contented with the regaining of his favour , as bohun married the one of his daughters , and clare the other without any portions with an entail of their lands upon the heirs of the bodies of their wives the remainder to the crown , laid so great 〈…〉 fine and ransom upon bigod , the earl marshal , as he being never able to pay it , afterwards forfeited and lost all his great estate , and be all of them so well satisfied with his doings therein , as they were in the th year of his raign glad to obtain his pardon , with a remissimus omnem rancorem ; and they and sir edward coke might have believed that that very prudent prince might with great reason and truth have believed his regality safe enough without a salvo jure regis , when the law and government it self , and the good and interest of every man , his estate and posterity was , and would be always especially concerned in the necessity , aid and preservation of the king their common parent , appointed by god to be the protector of them . and our singularly learned bracton hath not informed us amiss , when he concluded , that rex facit legem in the first place , & lex facit regem in the second , giveth him authority and power to guard that regality which god hath given him for the protection of the people committed to his charge , who are not to govern their king , but to be governed by him , and should certainly have the means to effect it , for how should he have power to do it , or procure his people to have a commerce or trade with their neighbour people or princes , if he as their king had not any , or a just superiority over them , &c. and must not for all that have and enjoy those duties , rights and customs , which not only all our kings royal progenitors , but their neighbour princes , and even bastard and self-making republiques have quietly and peaceably enjoyed , without the aid and assistance of any the suffrage of the giddy rabble , and vulgar sort of the people controuling in their unfixt and instable opinions , those of the lords spiritual and temporal , and the wiser and more concerned part of the people , of which , and the rights and customs due and payable to our kings and princes . sir john davies a learned lawyer in the raign of our king james the first hath given us a learned , full and judicious account which well understood , might adjudge that petition of right to deserve no better an entertainment than the statute of gloucester made in e. . which by the opinion of the judges and lords spiritual and temporal was against the kings praerogative , and contrary to the laws and customs of the realm of england , and ought not to have the force and strength of a statute ; and sir edward coke might have remembred that in the raign of king edward the third , the commons of england did in parliament complain that franchises had for time past been so largely granted by the king , that almost all the land was enfranchised to the great arreirisment & estenisement of the common law ( which they might have called the feudal law ) and to the great oppression of the people , and prayed the king to restrain such grants hereafter , unto which was answered , the lords will take order that such franchises as shall be granted shall be by good advice . and that if by any statute made in the th year of the raign of king edward . it was ordained that no man should be compelled to make any loan to the king against his will , because such laws were against reason , and the franchise of the land , that statute when it shall be found , will clearly also appear to be against our ancient monarchick government fundamentally grounded upon our feudal laws , that our magna charta & charta de foresta , are only some indulgence and qualification of some hardship or rigour of them , that the excommunication adjudged to be by the statute of e. . ca. . and the aforesaid dire anathema's , and curse pronounced in that procession through westminster-hall , to the abbey church of westminster , against the infringers of those our grand charters are justly and truly to be charged upon the violaters and abusers of our feudal laws and ancient form of government , who ought better to assert them , and that the coronation-oaths of all our many kings and princes , swearing to maintain the laws of king edward the confessor , which have for those many ages past so highly satisfied and contented the common people , and good subjects of england , do enjoin no other than our kings and princes strict observation of the feudal laws , and their subjects obedience unto him and them , by their oaths of allegiance and supremacy , and his and their protection of them in the performance thereof , and from no other laws or customs , than the feudal laws have our parliaments themselves derived their original , as eginard secretary unto charles the great or charlemain , who raigned in the year after our blessed saviours incarnation , . consisting of lords spiritual and temporal , if not long before had their more fixt beginning . how then can so grave and learned a professor of our laws , and after an eminent administrator of the laws and justice of the kingdom , so either declare to the world , that he hath not at all been acquainted with our feudal laws , but gained a great estate out of a small , in a government and laws he knew no original thereof , and make many things to be grievances of the people , which are but the kings just rights and authority , and the peoples duty , and their grievances in doing or suffering their duties to be done as if disobedience ( which in our nation hath too often hapned ) were a franchise of the land , and a right to be petitioned for by the people . but howsoever mr. will. pryn being better awake , could be so kind a friend unto the truth , as to give us notice that the abridger of the parl. records left out much of what he should have mentioned , viz. the prelates , dukes , earls , barons , commons , citizens , burgesses & merchants of england , in the parliament petitioned the king not only for a pardon in general , and of fines and amerciaments before the justices of peace not yet levyed in special , but they likewise subjoin a memorable request , saith mr. pryn , omitted by the abridger , that in time to come the said prelates , earles , barons , commons , citizens and burgesses of the realm of england , may not henceforth be ▪ charged , molested nor grieved to make any common aid , or sustein any charge , unless it be by common assent of the prelates , dukes , lords , and barons , and other people of the commons of the realm of england , as a benevolence or aid given to their king in his want of money , wh 〈…〉 h king henry the d. sometimes had , when he went from aboey to abbey declaring his necessities , and king richard the third that murthered his brothers sons to usurp the crown , flattered the people they should no more be troubled with , when it was never 〈…〉 ked before the raign of king henry d or 〈◊〉 , by any of our kings or princes , until the urgent necessities of our blessed martyr , for the preservation of his people caused him once to do it . or such as the imprisoning of some few wealthy men as obstinately refused to lend him 〈…〉 e and small sums of money , because they would force him to call such a reforming and ruining parliament , as that which not long before hapned in anno . or such as their heavily complained of charges levied upon the people by the lord lieutenants or deputy lieutenants in some seldom musters or military affairs , which a small acquaintance with our feudal laws might have persuaded the gentlemen of the misnamed petition of right , to have been lawful , or that some imprisoned were not delivered upon writs of habeas corpus , when there were other just causes to detain them , at least for some small time of advice ; and if they will adventure to be tryed by magna charta , will be no great gainers by it , for magna charta well examined notwithstanding the dissolution of the tenures in capite , is yet ( god be thanked ) holden in capite , and loudly proclaims our feudal laws to be both the king and the peoples rights , and disdains to furnish any contrivances against their kings , who were the only free givers and granters thereof . and the statute of e , . and all or the most of our acts of parliament , do and may ever declare the usefulness of our feudal laws , and that reverend great judge might have spared the complaints of free-quartering of land-soldiers and marriners , or of punishing offenders by martial law , and will hardly find any to commend him or any lawyer for their proficiency in their amassing together so many needless complaints . and that in full parliament , the king then lying sick at sheene , whereof he died ( and divers of the lords and commons in parliament coming unto him with petitions to know his pleasure , and what he would have done therein ) nor no imposition put upon the woolls , woolfels and leather ( having as they might think , as great an opportunity and advantage as the three great barons , bobun , clare and bigod had when they forced the statute aforesaid de tallagio non concedendo upon king edward the first , and would not suffer him to insert his salvo jure regis ) or any the annaent custom of wooll half a mark , and of three hundred woolfels half a mark , and of one last of skins one mark of custom only , according to the statute made in the th year of his raign , saving unto the king the subsidy granted unto him the last parliament for a certain time , and not yet levied . unto which the king gave answer , that as to that , that no charge be laid upon the people without common assent . the king is not at all willing to do it without great necessity , and for the defence of the realm , and where he may do it with reason . for otherwise all monarchies may be made elective , and the will , and great example and approbation of god disappointed , where the subjects and people will not be so careful of their own preservation , as to help their king , when his and their enemy hath invaded the kingdom , and the people may as often as they please change or depose their kings , when they shall resolve to stand still , and not help to aid him as the cursed and bitterly cursed moroz did , and be as wise to their own destruction as the citizens of london were in the late general conflagration of their city , or a foolish fear of breaking magna charta , which could never be proved to have been any cause of it , they would to save and keep unpulled down or blown up ten houses , and save some of their goods , leave that raging and merciless fire to burn twenty thousand houses in their city and suburbs . and it was no bad answer also , that that great and victorious king edward the third ( as sick as he was ) made likewise unto that other part of their petition , that impositions be not laid upon their woolls without assent of the prelates , dukes , earls , barons , and other people of the commons of his realm , that there was a statute already made which he wills that it shall stand in its force . wherein if they could by fraud and hypocritical flatteries have entituled themselves and their faction-mongers , and perswade them to make them the only managers thereof , they will never be able to procure the so often deluded part of the people to believe they would deal any otherwise with them than they have done before , that is , when they gave them stones instead of bread , and scorpions instead of fishes . which petition of right , so called , being read unto the king the second day of june . his answer thereunto was , the king willeth that right be done according to the laws and customs of this realm , and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong or oppression contrary to their just rights and liberties , to the performance whereof he holds himself as well obliged as of his praerogative , which not giving satisfaction , he was again petitioned for a fuller . whereupon he came in person and made a second answer , that the answer which he had already given them upon a great deliberation appeared in the judgement of so many wise men , that he could not have imagined but that it should have given them full satisfaction , but to avoid all ambiguous interpretations , and to shew them that there was no doubleness in his meaning , and that he was willing to satisfy them in words as well as substance , bad them read their petition and they should have an answer he was sure would please them . which being read by the clerk of the crown , the clerk of the parliament read the kings answer , which was to this effect , that he was sure was full , yet no● more than what he had granted in his first answer , for the meaning of that was to confirm all their liberties , knowing according to their own protestation , that they neither mean nor can hurt his praerogative . and he assured them , that his maxim was , that the peoples liberties strengthen the kings praerogative , and that the kings praerogative is to defend the peoples liberties ; they might see how ready he had shewed himself to satisfie their demands , so as he hath done his part , and therefore if that parliament hath not a happy conclusion , the fault will be theirs he was sure of it . which being reported in the town , so filled the people with joy , as by the parliaments order , the bells and bonefires every where proclaimed the comfort and hopes of a deluded people , little thinking as it afterwards proved , to have their king and defender of their faith and religion , manacled and betrayed into the fatal consequences of a long lasting king and people , destroying parliament-rebellion . and on the last day of that session , his majesty before any bill signed , spake unto both the houses of parliament , and told them , that he owed an accompt of his actions to none but god alone , that it was well known unto many that a while ago the house of commons gave him a remonstrance how acceptable every man might judge , and for the merit he would not call it in question , for he was sure no wise man could justifie it . but since he was certainly informed that a second remonstrance was preparing for him , to take away his poundage and tunnage , one of the chief maintenance of the crown ( a grateful return of his answers to that they without any just title would call their petition of right ) by alledging that he had given away his right therein by his answer unto that petition ; and is so prejudicial unto him , as he is enforced to end this session , some few hours before he meant , he being willing not to receive any more remonstrances , unto which he must give an harsh answer . and since he seeth that even the house of commons , do begin already to make false constructions , to what he had granted in their petition , ( which was in truth rather a claim of his rights than any thing that was their own , ) least it should be worse interpreted in the countrey , he would make a declaration concerning the true intent thereof , the profession of both the houses of parliament , in the time of their hamering their petition , was not to incroach upon his praerogative , ( which appears to be the only design and drift thereof , ) 〈◊〉 〈…〉 ying they had neither intent or power to hurt it , therefore it must needs be conceived , that he hath granted no new but only the ancient liberties of his subjects , ( which understood as they ought to be , neither were to be their liberties or rights , but his own , unless they would petition him , that they might be kings and he their subject ) yet to shew the clearness of his intention , that he neither intends or means to recede from any thing which he hath promised them , he did there declare that those things , which have been done whereby men had some cause to suspect the liberty of the subject to be trenched upon , ( which indeed was the first and true ground of the petition ) shall not hereafter de drawn into example of their prejudice , and in time to come in the word of a king they shall not have the like cause to complain . but as for poundage and tonnage , it is a thing he cannot want , and was never intended by them to ask , never meant he was sure by him to be granted . commanded all that were there to take notice of what he had spoken at that time to be the true intent and meaning of what he had granted unto them in their petition ; but especially the judges , for unto them only under him belongs the interpretation of laws , for none of the houses of parliament joint or separate ( what new doctrine soever may be raised ) have any power either to make or declare a law without his consent . which all the inveigling promising petitioners were wiser than to make any attempt to contradict when they foresaw it not to be possible by any parcel or rule of truth , but made what they thought they had so successfully gained to be an incouragement to proceed to other designs , in making themselves governours of their kings , and to be of their election , when god never gave them any such power or jurisdiction , or appointed our kings to permit their subjects under the colour or pretence of councel , advice and approbation in parliament , to be as helpful to their kings and fellow subjects , as the epheri in sparta were to make it their business to find out as many of the errors in government , and grievances of the people of their own making , and charge the faults upon their kings when they were of the ephori's own making . or by what strain or stretch of wit , or squeezing the word priviledge , those aforesaid parliament priviledges allowed by our kings to the house of commons in parliament , viz. access unto them , freedom of speech , and from arrests during that their imployment could be made to laquey after , or be subservient unto those many their evil designs which after ensued , having no proper or peculiar fixation as to other matters cannot in suo genere be of the nature or kind either of properties or liberties , which are of another sort altogether distinct and separate from them when property , if truth and rectified reason be called to councel signifieth no more , nor was amongst learned or common understanding men accepted or taken to be then that , proprium cum suum cuique est separatum a communitate ita dictum quod maxime prope est proprie peculiare & id quod unius cujusque est maxime prope est quod proprium est graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 species . est etiam proprium stabile perpetuum certum semper propinquum omne quod habemus aut mutuum aut proprium est mutuum quod ad tempus habemus nec postmodum . uno naturali nomine homines appellaremur , jure gentium tria genera esse ceperunt liberi & his contrarium servi & tertium genus qui desierunt esse servi . libertas opponitur servituti libertatem cicero paradoxis definit esse potestatem vivendi , ut velit noster florentinus , ait esse naturalem facultatem quod cuique facere libet infra quod vi aut jure prohibetur & libertas non privata , sed publica res est martianus ad l. si quis ff . de fidei commissi libertas opponitur servituti unde convenire non possunt l. ergo ff . de fide libert . proprium est suum cujusque diciturque quod non est aliis commune proprium sive proprietas quod allodium dicitur propterea quod ejus proprietas solido dominum est neque alteri ejus usu fructus est constitutum . jurisconsulti modo proprietatem solidum modo proprietatem tum usu fructu modo usu fructum proprietati admixtum appellant sit leg . franc . lib. . ca . ut unusquisque ab illo beneficio suam familiam nutritare faciat de sua proprietate propriam familiam nutriat & si deo dante super se et familiam suam aut in beneficio aut in alodio annonam habuerit . and the civil law , that universal law of the world under the sacred and divine can abundantly inform us , that there is amongst the generations of the sons of men not only a directum dominium , but an utile , which made that to be rightly said and believed of the regal or imperial authority , dominium in universis in singulis proprietas . for dominum est jus et potestas re quaquam tum utendi quam abutendi quatenus jure civili permittitur , & usus fructus dissert a solido dominio & usu frictus est d 〈…〉 m plenum quia cum usu fructus cohaeret proprietas nudum quod et dilectum dici potest cum separatum est ab usu fructus § . instit. dominium directum et utile dominii duo esse officia unum disponendi alterum vindicandi per l. in rem aut bart. in l. . de acquirend . dominum . and non est nostrum nisi illa quae oripi non possunt . and a feudatory as a 〈◊〉 in capite , immediate or mediate are no otherwise in respect to their superiors , who first gave or created the 〈◊〉 , which can be no other than usufructs or 〈…〉 ding in the first that gave the lands or 〈…〉 tes . 〈◊〉 〈◊〉 homines liberi et legales homines ad nobiles olim sp 〈…〉 nt ist● 〈◊〉 ●●xime eni●● vulgi pars aliqua servitutis specio coercebatur sit ut 〈◊〉 mancipii non liceret qui vero manumissi assecuti liberta●●● ▪ romanis liberti et libertini inferioribus seculis ingenii di 〈…〉 ur . legalis in jure nostro dicitur qui stat rectus in curia non exlex non utlogatus nec excommunicatus vel infans , sed qui in lege postulet & postuletur hoc sensu vulgare illua in formulis juridicis probi et legales homines hinc legalitas pro conditione illiusmodi l. l. ed. confess . de eo an reus mortis misericordiam ipso tamen malefactor fide jussores de pace & legalitate tuenda , sureties for his good behaviour . francus tenens libero tenens qui terras vel praedia a domino suo libero tenet ass. de clarendon , hovedon , p. . si quis obierit francus tenens haeredes remanent in tali soisina quali pater suus habuit eo had. . page . venerunt in angliam nuncii regis cum literis illius missi ad omnes archiepiscopos barones clericos & francos tenentes . and those our late multipliers of priviledges of parliaments , may consider that proprietates dictae sunt res immobiles quas quis comparat comparare libertates in l. l. longobard . lib. . tit . . . . . ubi proprietas mox alodus dicitur proprietatem adquirere in libro chronic. launsham p. . testamentum hadonidi episcopi caenomanum , villani proprietates mea iscommodiorum quam ta pecunia de anserina et genitrice sua comparavi i 〈…〉 prietates dicuntur res dominicae ac propriae respectu eae 〈◊〉 in beneficium tenebantur tabularum brivat . ca. . cedo aliquid de rebus proprietatis quae mihi per conquestum evenerunt & ca. . de rebus proprietatis nostrae quae ex attractu mihi obvenerunt hinckmarus remensis in epistola ad carolum regem quia ipsi vestri homines et proprietatem et beneficium in regno vestro et in mea parochia habent tradit . fuldensis lib. . trad . . cum alia quae sibi vel proprietatis jure vel beneficiali lege undecunque contingerent filiae suae ubi proprietates opponuntur beneficiis que ad vitam possidebantur , et proprium idem quod proprietas autor quel . datum tibi est de proprio nihil habere charta clodovei apud rover . in reom . page . tam ex munere nostro quam de paterno ●ut proprio , aut de conlato populi seu de quolibet adtracto aliquid auserre pr 〈…〉 at ca. . anno ● . ut omnis liber homo qui . ma●sos v 〈…〉 os de proprio sive de alicujus beneficio habet charta lotharii imp. apud bessuim p. . curtes duas cum suis appendiciis nostris dar●mus praecepto et duos quod alodes nuncupant ejusdem loci incolae , et sua propria . cicero defineth liberty to be potestas vivendi ut velint , at non vivit at v●lit qui juxta sensus carnis suae et cupiditates , sed is solummodo qus vivit juxta rationem , plutarchus et epictetus eandem liberi definitionem , idemque arianus ex epicteto eum dixit liberum esse cui nec impedimentum praeberi possit volenti nec vis inferri volenti . for amongst the too many claimed priviledges to be appertaining to the members of the house of commons when they are assembled in paliament , by vertue only of their kings and princes writs , as hath been before mentioned , there are only these which their speaker petitioned for , for since the dream of the men of st. albans in anno . e. . expounded and managed , as mr. william petitt could think or imagine for his best advantage , not knowing where it was run away from him , and not finding it , and the bold petitions of some of the house of commons in parliament , in the second year of the raign of king henry the th perceiving that he could get no assurance or confirmation of it , by the kings answer thereunto , as their champion hoped that his argument might prove as good as that of the good men of st. albans , and smite the nail on the head , therefore was enforced when he saw the kings answer in the same record to silence it rather than his admirers should understand it , and these claims of fancied priviledges , were so little believed to accord to those their unhappy designs , as there was no more demand or news afterward of them , in all our kings and princes raigns , until the parliament in the scottish league and covenant , with a factious party of our english in the years of our lord , , and . when philip nye a busy factious minister and arch contriver and propagator of rebellion , and some other special commissioners were secretly sent from england , to prepare the intended united rebellion of england and scotland , and put the management thereof into a method , most agreeable to the vizard of their counterfeit religion , and at the first a kind of supplicating rebellion with petitions and remonstrances , in their hands , as well as arms , amunition , and all other warlike offensive and defensive provisions . and if our english parliaments had any such stock of liberties or priviledges proper for members of an house of commons to demand , it can be no less than a wonder extraordinary , where those invisible liberties or priviledges have lurked or lain hid for more than years ever since parliaments or great councels have been holden or kept in england , under our brittish , saxon , danish and norman kings , and the long succession of our many kings and princes until that horrid long lasting rebellion that had its rise in the years aforesaid , and with great store of miseries and desolations continued until now , being about years , and that none of the many speakers ( other than sir john tibetot in the raign of henry . which gave occasion to all the speakers afterwards to crave pardon of the king if they should demand any thing more than was befitting them ) allowed by our kings , and entrusted by the house of commons in parliament in matters of so great weight and concernment as is pretended for the publick good , should so much neglect it since the e. . or the times since succeeding , as at their admission by our kings and princes to demand but two priviledges , when they ought to have asked very many as their well-willers , but no friends unto either loyalty or true religion , do without any grounds of reason and truth desire to have allowed who could hear queen elizabeth give a charge to some of the speakers to inform the members of the house of commons that she would not have them intermedle with matters of church , and commanded the speakers not to receive any such bills if they should be offered , and their then learned speaker sir edward coke durst not adventure to object unto her , his too much at other times adored fictions and fables of the modus tenendi parliamenta , and the mirrour of justice , and a very great misfortune it must needs be to our kings and princes especially , that ever since jack cades rebellion in the later end of the raign of king henry the sixth , they should be only troubled with the discords and troubles in their councels which should be most helpful unto them , which their neighbour kings and princes have not met withal in their like methods and rules of government . the kings of israel were commanded to read the law , which was not then non-scripta , often references were made to the book of the chronicles . the decalogue was written as god had dreadfully pronounced , by moses , and being afterward broken , were wrtten again by the almighty's own finger , the blessed words , commands and examples of our saviour were written by the evangelists , st. pauls epistles , have happily come unto us , not by being not written , but by having been written , the twelve tables fetched from athens and sparta , and brought unto rome , were there hung up aeneis tabulis , and their sibylline books were of great value , our bede , lambard , and somner , have found our saxon and danish laws to have been written , and st. edward the confessors laws were written before they were hid under his shrine , being not different from those that have been afterwards sworn unto by our successive kings and princes at their coronation ; some laws forced from king john , were reduced into his charter at running mede , our magna charta , & charta de foresta freely granted by our king henry the third , and after thirty times confirmed in several parliaments , and ordered to be preserved in all our cathedral churches , did certainly deserve the title of jura scripta . when they might upon a sober and the strictest , not fanatick , rebellious enquiry be well assured that those necessary priviledges of parliament , were not to punish by their power but the kings , the infringers of those priviledges , and that those which by a wicked or unheard of antipolitiques or their impostuting champions or men at arms would have by a new art or trick of jugling the liberties and properties of the people to be priviledges of parliament , may find that the words privilegium , proprietates & libertates never did or can signify any more than such liberties , priviledges and properties in and unto those their own liberties and estates , which for a great part of them had been gained by the favour and indulgence of their kings and princes . and should rather acknowledge that there is and ought to be no small difference betwixt privilegium and beneficium , and that privilegium in alterius praejudicium many times happens to be & beneficium nec in juris communis detrimentum , nec in alterius damnum conceditur , as that certainly was of the admittance of some of the common people to be members of the house of commons in parliament in , or . e. . to be made privy unto the making of such laws , wherein they might be concerned and have an opportunity to petition their kings for redress of any grievances happened unto them . and that concessio privilegiorum partim est expressa , partim tacita ; expressa , quae per concedentem verbis expressis tribuuntur qualia sunt illa quae a principe peculiari rescripto , vel aquovis alio magistratu , vel superiore dantur , vel in volumen legum redacta , ut exempli gratia , privilegia minorum , faeminarum filiorum familias & similia ; tacita sunt quae praescriptione consuetudine vel per sententiam acquiruntur ; in concessione privilegiorum observari debet ne contra jus divinum possumus & morale & ejusque abolitionem quicquam indulgeat vel largiatur , ( which would so have been if the parties supposed to have been priviledged should extend them against their king and gods vicegerent . and it neither was , or could be by any rule of law or right reason , any priviledge granted unto any members of the house of commons in parliament by any of our kings to their speaker , or otherwise that any of our kings and princes should not upon any occasion of high treason , felony , or breach of the peace , personally enter into the house of commons , and cause to be arrested any of the members thereof , when queen elizabeth caused dr. parry , one of their members to be arrested , sitting the parliament , for high treason , and tryed , condemned , and executed for it by sentence of her justices in the court of kings bench at westminster . §. . neither could they claim , or ever were invested by any charter or grant of any of our kings or princes , or otherwise of any such priviledge or liberty , nor was or is in england any law , or usage , or custom that a parliament sitting cannot be prorogued or dissolved as long as any petition therein exhibiteth remained unanswered or not determined . it being never likely to have been so in a well-constituted government of a kingdom built & constituted upon sound & solid principles of truth & right reason as ours of england is , to have either often or always ardua to be considered of , or of those arduorum quaedam most especially concerning the defence of the kingdom and church of eng. which were not only to make an act for the killing of crows , of paving of streets , or that ex se or per se naturally or properly it could be or ever was in any regal government in the earth any law or custom to perpetuate , or everlastingly to hold a parliament , a thing altogether unknown , and unpractised by our english monarchs , who thought it enough at three great festivals in every year , to be attended with their praelates , nobility and grandees , viz. at christmas , easter , and pentecost , and inquire into the state of affairs of the kingdom which many times did occasion as much of advice and conference amounted as to a parliament , some addresses upon home emergencies being then made for remedies of evils , happened or as fires been to be prevented , private petitions seldom interposing , if in the inferiour courts of justice , they might otherwise have redress , for that had been expresly forbidden by a law of king canutus , and those sumptuous feasts , and solemnities being of no longer duration than the festivals themselves . and in so many inferior courts that gave remedies the people had no need to trouble themselves or their kings in parliament with petitions , especially when in the th year of the raign of king h. . a peculiar court was granted by our magna charta , and erected to give remedies to all the peoples actions & complaints not criminal with a lesser charge and attendance in an ordinary and more expedite course , and when they came with petitions proper as they thought for parliaments , they were to be tryed by bishops and barons thereunto by the king appointed , who by the advice of the chancellor , treasurer , justices , and the kings serjeants at law were , if they thought fit to receive them or otherwise to reject them , with a non est petitio parliamenti , and they that were received were many times referred by the king to his privy councel , and sometimes with an adeat cancellariam , and at other times with a farther examination to the justices of the courts from whence the complaints did arise or with a respectuatur per dominum principem , or referred to the judges as against the multitude of attorneys , as in the raign of king henry . and petitions were not seldom answered with there is a law already , or the king will not depart from his right . and when the acts of parliament were made in the th and th years of the raign of king edward . wherein he granted that parliaments should be holden once in every year if need be , the petitions of the people could not avoid the like limitations or tryals of them as the laws required . certain petitions having been exhibited by the clergy to the king , it was agreed by the king , earls , barons , justices , and other wise men of the realm , that the petitions aforesaid be put in sufficient form of law. a time was appointed to all that would exhibit any petitions . the first part of a petition the king granted , and to the rest he will be advised . the commons did pray , that the best of every countrey may be justices of peace , and that they may determine all felonies , to which was answered for the d the king will appoint learned justices they pray , that the s. subsidy may cease . unto which was answered , the king must first be moved ▪ they pray that the king may take the profits of all other strangers livings , as cardinals and others during their lives . unto which was answered , the king taketh the profits and the councel ( the kings privy councel ) hath sent their petitions to the king ( who was then busied in his wars in france . ) the commons did pray , that all petitions which be for the common profit may be delivered in parliament before the commons , so as they may know the indorsement , and have remedy according to the ordinance of parliament , unto which was given no answer . the commons having long continued together to their great costs and mischief , desire answer to their bill ( which in the parliament language signified no more than a petition ) & leur deliverance . the commons petitioned against the falshood of such as were appointed collectors for sacks of wooll . to which was answered , this was answered in the last parliament , and therefore commandment was given to execute the same . and the like answer given ut prius to their petition touching robbers and felons . they pray that all petitions in this present parliament may be presently answered . to which 〈◊〉 answered by the king , after easter they shall be answered . the parliament in anno . e. . began upon monday , but forasmuch as many of the peers and memb 〈…〉 were not come , the assembly required the continuance of the parliament until the th of hillary next following , which was granted . the commons praying the king to grant a pardon for the debts of king john , and king henry the third , for which process came dayly out of the exchequer , the king answered , he will provide answer the next parliament . no parliament being after summoned until anno . of his raign when the lords granting to the king the th sheaf of all the corn of their demesns , except of their bound tenants the th fleece of wooll , and the th lamb of their own store to be paid in two years , and would that the great wrong or male tolt set upon wooll be revoked , and that this grant turn not into a custom . that the keeping of the kings wards lands may be committed to the next of the kin of the same ward . that remedy may be found against such as dying past away their lands to defraud the lords of their wardships . the commons made answer , that they knew and tendered the kings estate , and were ready to aid the same , only to this new device they durst not agree without further conference with their countries , and so praying respite until another time , they promise to travel to their countries . sundry of the lords and commons being not come , the parliament was continued from day to day until the thursday following . the archbishop of canterbury having been in the kings displeasure , humbled himself and desired his favour , and having been defamed , desired his tryal by his peers , to which the king answered , he would attend unto the common affairs and after hear others . a proclamation was made for such as would exhibit any petitions , and a day given therefore . anno e. . the commons pray , that process of outlawry shall be in debt detinue and replevin . to which was answered , the like motion was in the last parliament which had the same answer , and was then reasonably answered . anno . e. . it was agreed that ever petition now exhibited may be by some of the lords considered . the commons pray , that the extracts of greenwax may mention at whose suit such amerciaments were lost in what term , and what plea , and between what parties . to which was answered , let the same be provided the next parliament ( which was not summoned until in anno . e. . ) in anno . of his raign after subsidies granted the commons prayed answers to their petitions , which was granted , after the chancellor had in the name of the king given them great thanks , he willed that such of the commons that would wait on their petitions might so do , and the rest that would might depart , and so the parliament ended . they pray that right may be done to every mans petition . to which the king answered , let that be observed which toucheth every private person , our kings and princes having ever taken time to answer the petitions of their subjects , §. . that in those affairs peculiar only to so great and venerable an assembly which should not be trivial or proper to lower and lesser jurisdictions , assigned for the determining of lesser matters for the publick ease and benefit . our kings and princes have a greater burden and care upon them , as gods vicegerents besides that of parliaments , to manage and take care of the kingdom for the benefit and good of themselves and their people . for our kings and supream magistrates , having many other as well necessary as ordinary , and common affairs to look after , and have regard unto as the care of peace at home and abroad , defence and protection of their people , commerce , intelligence and correspondence , with allies and neighbour princes guard of the seas , and reducing of parliament councels to speedy actions , could not admit a long consult , which in our former and more happy parliament assemblies were seldom above forty days , and many times with lesser periods of time found to be sufficient to dispatch the great and important occasions thereof . for the care of three great kingdoms and a multitude of accidents dayly , hourly , or oftner happening , ordering and disposing competent magistrates and officers therein , observation of their well or ill managing their trusts , rewarding and encouraging the good , and punishment of the bad , with the administration of fit remedies to all that complain of grievances and oppressions committed by or amongst such a multitude of people , with the very great difficulties of keeping peace abroad with neighbour princes , and preserving their own subjects from being injurious to theirs , or receiving wrong from others , may put a prince into a necessity of having in his own person more than argus his eyes , or briareus hands , and give him no , or a very small time of rest , & to ask of god what solomon did when he took upon him the government of israel , being a great people that could not be numbred or counted for multitude , give therefore thy servant an understanding heart to judge the people that he may descern betwixt good and evil , for who is able to judge so great a people ? and with greater reason as being to govern a stubborn and rebellious people , high minded and proud , with the riches gained thereby , many of whom have perplexed and troubled him and themselves with their needless and destructive fears and jealousies , without which the burden would not be so heavy as it is and can never seem light if those fault-finders and quick-silver brained state polititians would but consider how great it is in the dayly exercise of that government , have hitherto made & kept us happy , all which put together , might be enough to load an atlas , and would never be so well done , or prove so effectual for dayly and publick good if they should tarry either for the coming of parliaments , or for long and perpetual ▪ or disagreeing parliaments . and cannot be deemed to be of little moment or concernment if an estimate be taken of the cares , charge and troubles to preserve the publick peace both by sea and land , leagues and alliances , intelligence , correspondence and amity with forraign princes and states , the least breach of peace with whom might disturb our peace and commerce abroad , and transport invasions and war upon us at home , with sending and receiving of embassadors , giving audiences & dispatches to theirs , and sending instructions with ours , besides their sitting in councel with their privy councel , commonly three times in every week of extraordinary concernments , make not some addition thereunto , sundays scarce excepted , and not that day or every day in every week besides can pass , but he is troubled either with petitions for grants or favours , protection from oppressions , and redresses for greivances , either delivered by the petitioners themselves , or by one or both of the two secretaries , or the four magistri supplicationum & libellorum masters , as they are called of requests , who by their monthly turns of waiting , have commonly an audience twice in every moneth , of our kings and princes , who are as the mercy seat upon earth , the pool of bethesda , the asculapius temple , the balm of gilead , asylum sanctuary or refuge to help all the distresses and calamities of their people . and that in all our parliaments since the beginning of the raign of king edward . they have inter their quaedam ardua taken alwaies into their care , not only those of england but of ireland , scotland , gascogney , guernsey , jarsey , and the isles , though they have no burgesses or any other representing for them as england hath had since the th year of the raign of king henry the third , which considered with the many cares of collecting and gathering in his revenue and well ordering of his aerarium or treasury , without which no king or prince can be safe or great , and protect and defend himself and his people from injuries and contempt , which put all together may give gods appointed watchman of our israel , besides their more weighted and occasional business in parliament , scarcely time to slumber or sleep , or enjoy his natural refreshments or divertisements without the addresses and importunities of his almost always wanting and complayning subjects , which they that will be at leisure to peruse all the orders of himself and his privy councel and treasury references upon petitions in the secretary of state and master of the requests books , and the reports and returns thereof , with all that are contained in the patent close rolls , fine and liberate rolls of every year , besides the writs remedial granted out of the chancery , from which no man as our laws say , is to return sine remedio those of the common or ordinary sort in every year amounting to no smaller a number than eighty thousand in a year , which by law were anciently intended not to have been granted but by immediate petitions to the king , howsoever are now dispatched of course , as it hath long been by his majesties not a few subordinate officers , very much to the ease and relief of his people , who have so long enjoyed those benefits and accommodations as those writs of course , without the trouble either of our kings , or their more especial court of parliaments as anciently as king canutus raign , who began his raign in the year of our lord . and from thence so continued until the raign of king john , wherein a writ of novel diseisin is noted in the margin of a roll to be de cursu , ( from whence the cursistors in chancery have taken , and do yet keep their name , not a cursitando , as fleta ( who wrote about the raign of king edward the d . ) terms them juvenes & pedites little lads , who carried and fetcht writs to and from the great seal , but clerici de cursu mentioned in the oath , ordained to be given unto them in parliament in anno . e. . insomuch as when simon de montfort that married the sister of king john , and either his father or himself , had about that time been the destruction of the protestant albigenses and waldenses in france , did in the time of the imprisonment of king h. . and his son prince edward , whom he and his rebellious partners had taken prisoners in the battle at lewes , take an especial care , that in the absence of thomas de cantilupo the kings chancellor , the kings great seal being committed to the trust of ralph de sandwich , keeper of the kings wardrobe , assisted by hugh le despencer justiciar of england , and peter de montfort two special rebels , to be kept until the return of the chancellor , and that the said ralph should seal brevia de cursu , but those which were de praecepto , were to be sealed in their presence . and when that rebellion was afterwards broken , and simon de montfort and the most of his rebel partners were slain at the more fortunate battle at evesham , and the king restored to his regality and rights of government , he and his successors afterward did in all their parliaments enjoy the power and authority of monarchs in their great councels or assemblies of parliament , wherein by reason of their great and important affairs in war a in france , scotland , and wales , they could not be able to be personally present , but summoned and held their no long lasting parliaments by their lieutenants or guardians of the kingdom for the short continuance thereof . § . that our great councels or parliaments , except anciently at the three great festivals , viz. christmas , easter and pentecost , being ex more summoned and called upon extraordinary emergent occasions , could not either at those grand and chargeable festivals , or upon necessities of state or publick weal and preservation ex natura rei continue long , but necessarily required prorogations , adjournments , dissolutions or endings . for extraordinary occasions being not common or ordinary , and the summons or calling of fit and well capacited persons , to those venerable or great councels of parliament , for purposed sometimes especily limitted and declared to be for advice and aid , not in omnibus arduis only , but in quibusdam arduis , concerning the defence of the king , his kingdom and the church , always howsoever declared by the king himself , or such as he appointed , and there being other great and little courts enough in the kingdom to dispatch and administer justice , it could not but put our kings and princes in mind not to trouble their highest court for small and trivial affairs , but to believe that canutus an ancient king of this nation , who began his raign in anno domini . had reason by an express law to prohibit the troubling of him or his parliament , or greatest councel with small matters , when they might with more ease , less delay , expences and attendance , be determined at home , or in their proper courts or places in these words , videlicet , neme de injuria alterius ( regi ) quaeritur nisi quidem in centuria justitiam consequi aut impetrare non potest centuria , autem cominus quisque ut quidem par est intersit aut saltem debito absentiam luat supplicio , and that law might well be said to have been made by that king sapientum concilio , which might occasion the use of receivers and triers of petitions constantly appointed by the king or his house , or councel of peers , until our late times of rebellion and confusion ( that great councel or court , never being intended by our kings or their laws to be a standing , often or continual court for ordinary affairs . the wisdom of our kings and their house of peers , having often rejected and not given any remedies to petitioners , that might more properly be relieved in inferiour courts . for king offa in the year . after the incarnation of our blessed saviour jesus christ had a d . session in his great councel . and therefore as all parliaments have had very urgent and necessary causes of calling and summoning them , by their kings , so they were to have their continuance and duration proportionable to the business and affairs , for which their advice , assent or approbation were required , and even in the ecclesiastical councels , begun as early after the incarnation of our blessed redeemer jesus christ as the year . the many secular businesses , as making of laws , and redressing of grievances , in and by the presence and assistance of our kings , and many of the nobility , continued until the norman conquerour , who separated the ecclesiastical and civil jurisdictions one from the other , and the attendance upon parliaments , were not a little troublesom and chargeable to the spiritual and temporal baronage , and therefore the ancient custom of our saxon kings , was more easy and less burdensom unto the prelates and nobility , when it required their constant and annal attendance upon their soveraign at his court , at the three great feasts of the year , viz. christmas , easter and whitsontide , as the excellently learned sir john spelman hath informed us , where the bishops might give an accompt ( as in so many parliaments which needed no summons , prorogations or adjournments , for it was not to be doubted , but that almost every man might understand when those grand feasts or solemnities began or ended , ) what had been done , or was to be done in their several diocesses , and the earls within their several counties and provinces , of which anciently they had a subordinate government , and were to render accompts thereof . when though not praecisely the very same in number as to the festivals of the year wherein our old king alfred and many of our succeeding kings and princes used to be yearly attended by their bishops , earls and nobility , whereby they might the better often understand the circumvolutions and various accidents in their kingdom , in every year might have some resemblance with that of the great charles or charlemain the hugely ( as eginard who was his principal secretary witnesseth ) powerful , valiant and vertuous king of france , which kings daughter bertha our saxon king ethelbert is said to have married , and at her instance upon the preaching of augustine the monk to have converted himself and all his subjects to the christian faith and religion , and celebrated with great solemnity and magnificence the great festivals of christmas and easter , which with the addition of another being the feast of pentiost , was never omitted to be sumptuously kept by all our succeeding kings until the latter end of the raign of our k. h. the d. the french with great solemnity , holding their parl. or great coun ▪ at their great festivals of christmas & easter . unless any other great affairs caused them to summon those their great councels at other times , which coming after the raign of 〈…〉 . h. . to be laid aside by reason of their many voyages into normandy long lasting & often wars with france or scotland , troubles & discords at home as parliaments especially when after the th year of the raign of king henry the third the attendance upon parliaments was much more troublesom to the commons in parliament after their admissions into that great assembly , though they had their charges and expences in going , tarrying and returning allowed them by king edward the first which was first begun 〈◊〉 mon montfort and his rebellious partners only in 〈◊〉 h. . when the king was their prisoner in the 〈◊〉 two knights of the shire for the county of york , wh 〈…〉 those that were afterwards permitted to be present by 〈◊〉 . edward . in the year of his raign , and in the raign of our succeeding kings did esteem it to be a damage to to them in their other employments , affairs and loss of time , better becoming their capacities until the impressions and effassinations of pride , fear , flattery , ambition and self-interest had within a small time after their aforesaid admission into parliament , incited or inticed them to be packt by roger mortimer earl of march , in the raign of king e. . to grant aids to help to advance his wicked and accursed purposes , as is expressed in one of the articles and charges against the said earl in the th year of the raign of king e. . or to set up for a trade or factory for themselves or their friends , or such as they could purchase as a lamentable experience hath of late years told us . and we find no such doings or factorings before that or . of king henry the d. for king athelstone held a parliament at exeter , and the succeeding saxon and danish kings , summoned and held their parliaments at several places , and dissolved , and met again , as their occasions , and the more weighty and extraordinary affairs of the kingdom required . the norman conquerour , and william rufus , and henry the . other than at their aforesaid grand festivals , did neither restrain themselves to certain times or places , either as to the summoning continuing , proroguing or adjourning of their more than common or ordinary business , which requiring short councels , and an hasty prosecution , or putting into actions what their deliberate advices had resolved upon , could necessarily produce no long continuances , but were not seldom without prorogations or adjournments , as mr. pryn and all our ancient and contemporary writers and historians have plentifully testified . in the th year of the raign of king henry the d . a parliament was called at westminster , where by reason of the frowardness of the archbishop becket , and his suffragan bishops , the king was displeased , and the parliament ended . in the th . year of the raign of that king , he called a general assembly of the bishops and nobility at clarendon , where john of oxford the kings clerk was president of that councel , and a charge was given for the king , that they should call to memory the laws ecclesiastical of his grandfather king henry the st . and to reduce them to writing , which was done , the archbishop and bishops putting their seals thereunto , and taking much against the arch-bishops will their oaths to observe them . in the th year of his raign , a councel of bishops , abbots , earls , barons , both of the clergy and laity was holden at gaynington sub elemosinae titulo vitium rapacitatis , included therein saith walsingham , requiring aid towards the wars of jerusalem , the kings of england and france , resolving to go thither in person , the king of england taking upon him , and wearing the white cross. a parliament was called at nottingham by king richard the first , after his return from his captivity , which continued but four days ; a parliament in . johannis ; a great councel or parliament was holden at london , and adjourned to reading , whither the king not coming at the day appointed , it was three days after adjourned to wallingford . in the raign of king henry the d. his great councels or parliaments , were many times prorogued or adjourned , in whose raign the popes nuncio , summoning the praelates of england to give an aid to the pope , they excused themselves , and alledged that the king was sick , and the arch-bishops and bishops were absent , and that sine iis respondere non possunt nec debent , whereupon the nuncio endeavouring to adjourn that convocation , they refused to come again after summons without the kings license , in h. . a parliament , . a parliament in . a . anno . a th . anno . a th . a parliament in . another in . anno . a parliament , anno . a parliament , anno . a parliament , anno . a parliament , anno . parliaments , anno . a parliament , . a parliament , . a parliament , in . another being called in easter term , which by reason of the absence of some lords , who pretended they were not summoned according to magna charta , was prorogued to michaelmas following , anno . another parliament at london , and for difficulty saith mathew paris , prorogued to st. barnabas day , and thence adjourned to oxford . and thence in the same year adjourned to london , in anno two parliaments were called at london , . a parliament at london , anno . another at marlburgh ( but in truth ) in anno . as appeareth by the parliament roll. there was a parliament at westminster in the third year of the raign of king edward . another anno . one at gloucester anno . another at westminster anno . one anno . . another at acton burnel , and one afterwards in the same year at westminster , another in that year at winchester , another afterward in the same year at westminster anno . two parliaments were holden at westminster , the statute of quia emptores terrarum , quo warranto & fines , seeming to be made at several parliaments or sessions , statutes of vouchers , wast and de defensione juris made in anno . e. . probably made in like manner anno . de his qui ponendi sunt in assisis , and another ut supra de malefactoribus in parcis , the statute of consultation anno . a parliament in anno at london , another at bury , another at salisbury , . at york held at another time a parliament , ●nno . a parliament at westminster , and another anno . for persons appealed , and a parliament wherein were made the articuli super chartas anno . the statute of quo warranto , . a parliament , statutes of conspiracy and maintenance in anno . and in the th year of his raign , before the writ of summons could be executed , sent another writ to adjourn the parliament , and by his writs , prorogued or adjourned some , if not many of those other parliaments . in the th year of the raign of king edward the d . a parliament being summoned to be holden at westminster , it was prorogued before they could meet , and writs were sent to signifie that they need not come . in the th year of his raign , having summoned the earl marshal to be at a parliament , to be holden at winchester , secunda dominica quadragessima prox . futur . and being informed by some of the nobility , that by reason of the shortness of time , they could not sufficiently provide themselves , prorogued the parliament to octabis paschae prox futur . in the printed statute made at lincoln in e. . mr. pulton hath by his modern ph 〈…〉 , mentioned that statute to have been made by the assent of t 〈…〉 〈◊〉 , earls , barons , and other great estates ▪ but the origi●●l record is only prelats , countz , ba 〈…〉 〈◊〉 〈◊〉 . and in e. . it was mistakenly 〈◊〉 by the abridger , that all the estates in full 〈◊〉 ( the king being not with his power of pardoning 〈◊〉 other his rights of soveraignty comprehended 〈◊〉 that notion ) did agree that none of them should retain , sustain , or own any felon , or other common breaker of the law. and the whole estate ( whereof the king was not likely to be one ) moved the king to be gracious to edmond son of the late earl of march , who asked what they would have done , sith king edward the d . was murdered by the procurement of the said earl , they answered for certain lands entailed ; the kings answer was , that the same should be done at his pleasure . in anno e. . the parliament adjourned ( which was done by no other than the king ) because most of the estates were not come . the archbishop of york , and his suffragans , and clergy came , but the archbishop of canterbury and his , did not by reason of the contention betwixt them for superiority of bearing up their crosses , whereby the same was not only a loss of an opportunity for scotland , but also an insupportable charge to the whole estate , saith the erroneous abridger of the parliament records by a new re-assembly , ( which could not be intended of the king , who then was there resident at his palace of westminster , ) to which they were summoned . for the efficient formal and final cause of our parliaments or great councels being vested in our soveraign kings and princes , and in no other solely and incommunicably , none of their subjects did or could ever rightly understand or believe that any of those great councels or parliaments summoned upon great and weighty emergencies of state accidents or dangers which were to be suddenly heeded by preventing or avoiding imminent or impendent evils by their wary and deliberate consults put into a speedy execution , could ever receive a certain and continual fixation , or be obliged thereunto , for that besides the fertility and growth of hydras & innumerable mischiefs and inconveniences , not long ago wofully experimented , it would altogether contradict and be against the nature , reason and being of our kings and princes , summoning or calling of parliaments according to the ancient and laudable constitutions of our nation . it being as unusual as improper , to summon or call parliaments , pro quibusdam arduis , when hannibal is not every day ad portas , but sometimes ruining himself and his army at capua , when our kings have their continuum concilium , private councel and cares in a perpetual watch for the preservation of them and their people , when the ardua are but the well foreseen accidents and dangers likely to happen and fit to be prevented , and it is not pro omnibus arduis , but quibusdam , and the civil law can inform us , that accidens appellatur quod adesse aut abesse potest preter subjecti corruptionem & de donat ante nupt . accidens is defined to be , . quod accidit . . quod inheret subjecto oppositum substantiae . . quod est extra essentiam rei ut neque intra attributa essentialia , neque desinitione essentiali exprimitur . for a fleet of well rigged and furnished ships doth not call a councel , or cause all the commanders , captains and pilots to come on board the admiral for every little storm or quarrel of the winds and seas . nor our generals of an army at land call a councel of war for every small alarm or beating in of the scouts . and our kings without assent or act of parliament have appointed terms or times for the orderly dispatch of law affairs in the distribution of their justice in their many other courts of justice . and our inferior courts baron , and leet and hundreds have been contented with lesser periods . and a standing perpetual parliament either in actu or potentia was never yet known or used in england , when its constitution , writs of summons and usage doth at all times and should declare the contrary . and as extraordinary accidents , dangers and emergences in a kingdom and government , and their greatest concernments are in no wife to be slighted , delayed or neglected , but suddenly endeavoured to be prevented , escaped , avoided or lessened , though it be to no small charge , attendance and trouble put upon the lords spiritual and temporal and members summoned and caused to convene and come from several parts remote or further distant , as in their duty and allegiance they are obliged to attend their soveraign , and come to the general consult of a parliament , so is it to be considered , that the speculator and prorector of our kingdom and nation under god , ( just allowances being always to be made of natural rests and refreshments , and competent care of health ) cannot be master , if he could , of much time , whilst he is to encourage and maintain the publick good of his people , and guard them from any evils or inconveniences which do or might assail them , in his care and distribution of justice in all the complaints and petitions of a numerous and mighty people , in the issuing out of writs , edicts and proclamations , which do every day , and hour in the year , almost imploy his ministers of state and substituted in their several stations and qualifications , sundays , and the grand festivals in every year not always escaping , and the not to be expressed almost perpetual cares of a kingly and monarchick government , largely attested by the many patent , charter and clause , rolls , brevia regis , rescripts , commissions , certioraris , writs of ad quod dampnum inquisitions cum multis aliis in the raigns of our kings and queens , now lodged and preserved in the tower of london , the exchequer , and the treasures thereof , with the records of the other courts , with what else could be rescued from the ravage of war and time , together with the memorials of their secretaries of state , privy councel table books referrences , and the returns thereof , hearings of causes , complaints and orders and redresses thereof , with a necessary inspection and survey in and of all the affairs and conditions of his people , and their well or ill being when the cares of government were so accompted to be an heavy burden for moses in his conduct of an affrighted and oppressed people of israel driven out of egypt with six hundred thousand men on foot , besides women and children with their flocks and herds in their travelling and unsetled condition through the wilderness , towards their hopes in the promised land of canaan , with murmuring enough in the hearing and determining of their suits and complaints one against another , raised in jethro his father-in-law such a compassion of his labour and toil therein , as he told him , he would surely wear away both himself and the people , and therefore councelled him only to reserve hard matters unto himself , and appoint out of the people able men , such as fear god and love the truth , hating covetousness , to judge the people in smaller matters . wherein they that shall rightly consider the cares of kings and princes , and the trouble of preserving and doing good to a far greater number of people ( not seldom as unto too many against their wills ) may think themselves to be happy under the protection of gods vicegerent , and bound to obey with cheerfulness his providence therein , and that it was never intended by our less murmuring and more grateful ancestors , to make perpetual extraordinaries , or a standing court of parliament , which could not fall within the reason , necessity or practise of any good or rational government , and if it could as it never can , must of necessity tear in pieces our happy best established monarchy , and sacrificing it to an inexorable misery , leave our posterities to be tossed and driven in and upon the waters of strife , self-interest and vain imaginations , and in the fear , without any cause of an arbitrary power of our kings , never like to happen over-hastily , and madly run into the arbitrary power of a multitude , or some prevailing party of plundering and pretending reforms amongst them , many of which is and will be the worst of all arbitraries of a rude , ignorant , unreasonable and senseless multitude , with the greatest certainties of miseries , as fatally as inevitably likely to happen . §. . that parliaments or great councels de quibusdam arduis concerniug the defence of the kingdom and church of england neither were or can be fixed to be once in every year or oftner , they being alwaies understood and believed to be by the laws and ancient and reasonable customs of england ad libitum regis , who by our laws , right reason and all our records and annals is and should be the only watchman of our israel , and the only judge of the necessity , times and occasion of summoning parliaments . for notwithstanding that by an act of parliament made in the th year of the raign of king edward . it was accorded that a parliament should be holden once in every year , and more often if need be ; and in an other act of parliament made in the th year of the raign of the aforesaid king edward it is said , that for the maintenance of the articles and statutes ( made in the said parliament of the th ) and redress of divers mischiefs and grievances which dayly happen , a parliament shall be holden as at other times was appointed by a statute , yet the latter act of parliament was but with reference to the former , and that imparted no more than that a parliament shall be holden once in every year , and more often if need be ▪ and howsoever that in the th year of the raign of that king the commons renewed their petition that a parliament might be holden , that knights of the parliament might be chosen by the whole counties , and that the sheriffs might likewise be without brocage in court , the king only answered to the parliament , there are statutes made therefore to the sheriffs , there is answer made to the knights , it is agreed that they shall be chosen by common consent of every county , and in anno primo r. . petitioned the king that a parliament might be yearly holden , in a convenient place to redress delays in suits , and to end such cafes as the judges doubt of , which the consequences after will shew , were only to be at the pleasure and will of the king , as his prudence , care and necessity of himself , and the publick good should necessarily advise if the true interpretation of both those acts of parliament , could , as it never can bear any other signification , for although that which next followed that act of parliament , made in the th year of the raign of that king , was in the next year after , yet that which succeeded that was in anno and not printed . for the parliament was for a few days adjourned , and being after holden at york , was for a short time likewise prorogued , and afterwards the assembly being not come , was adjourned until the th of st. hillary next following at york , and from thence again to a reassembly at the same place , at the end of which re-assembly , the commons had license to depart , and the lords were commanded to attend him the next day , at which time the parliament was dissolved . the duke of cornwal , the kings eldest son as guardian of england , by the kings letters , patents , held the parliament at westminster , and a memorandum made to summon the parliament at the th . of st. hillary next following . and the commons upon the kings demand of an aid , alledge that they cannot agree thereunto without further conference with their countries , pray a respite of time until they return from thence . for that sundry of the lords and commons were not come , the parliament was adjourned for some few days . in regard the commons had so long continued at their great costs and expences , they desire answer of their bills , and a deliverance . lionel duke of clarence the kings son , held the parliament . the parliament for certain causes was adjourned until monday next , after the feast of st. edmond the martyr . after the petitions of the commons not before answered , were read , and answered before the king , lords and commons , the king licensed the commons to depart , and the parliament ended . and although in a parliament holden in anno . e. . ca. . it is accorded that a parliament shall be holden every year , and more often if need be , yet in anno . there being one , there ensued none after until . in . there was one , from thence until . none , in . another , after which none until . after which none until . thence none until . none after until . thence none until . and in that of . were . several sessions , wherein several acts of parliament were made , in annis . & . parliaments were holden , but none afterwards until . thence none until . thence every year until . in which an act was made , that for maintenance of the said articles and statutes in the said years ordained and redress of divers mischiefs and grievances which may happen , a parliament shall be holden every year , as another time was ordained by a statute in e. . cap. . in . & . parliaments were holden , from thence none until . another in . another in . in annis , , , , , , . none , in , , , . and in every year after , during his raign a parliament . , . parliament in one year , in . a parliament , in . one , in , , & . one , in . none , in . one , in . one , in . none , in . one , in . none , and in . one . , , , , . parliaments none in . but in , . & . were parliaments . , , , . were parliaments , but none in . & . in , . parliaments , in . & . none , in , . were parliaments , in , . none , in . one , in . none , in . & . none , in . a parliament , in . none , a parliament in , in . none , in , , & . were parliaments , in . none , in . one , in none , in one . . one , in . none , in . & . were parliaments , in . & . none , in . & . parliaments , in , . & . none , in . one , in . none , in . one , in , & . none , in . one , but in , , , , none , in . one . but parliament , though he lived a few years after . in some part of whose raign . many of the acts of parliament being not to be found , the first that appears amongst the printed acts of parliament , was in the . year of his raign , parliaments were held in that year , and a . in the th . year of his raign , none in the . & . but one in the th . and no more until the th one in the th . and no more until . . and thence none until the . and after every year a parliament until the th . year of his raign , ( in which the like misfortune happened unto the parliament rolls for many years , as it did in the raign of his father king henry the th . ) in , & . there appeareth to have been an act of parliament , and from thence no more until the . and thence a parliament in every year until . and in that year none , but in . and thence every year a parliament until . wherein was no parliament , but in . one . , , , , , , . a parliament in every year . . mar. . sessions , . & . philippi & mar. & , . & . a parliament was in the first year of her raign , and from thence none until . and thence none until . from whence none until . thence to . and afterwards none until . and from thence none until . thence none until . none in . and but one in . none in . one in . thence none until . thence none until . thence none until . . one , in . none , parliaments in , & . none in . & . from . none until . thence none until . in primo caroli regis . in . none , in . & . another . no complaints being in those internals of parliament made for want thereof , and that blessed martyr having granted to the great inconveniences of his regality and necessaries of his monarchicque , more than was fit for his subjects to ask which was dearly after paid for after by many a suffering loyal family in the late long rebellion , did in the granting of the act of parliament the th . day of november , . for a triennial parliament to be holden in every d. year , declare unto them in these words , viz. my lords , and you the knights , citizens and burgesses of the house of commons , you may remember when both houses were with me at the banqueting house at whitehall , i did declare unto you two rocks i wished you to eschew , this is the one of them , and of that consequence that i think never bill passed here in this house of more favour to the subjects than this is , and if the other rock be as happily passed over as this shall be at this time , i do not know what you can ask , for ought i can see at this time , that i can make any question to yield unto , therefore i mention this to shew unto you the sense that i have of this bill , and obligation as i may say that you have to me for it , for hitherto , to speak freely , i have had no great incouragement to do it if i should look to the outward face of your actions or proceedings , and not to the inward intentions of your hearts , i might make question of doing it . hitherto you have gone on in that which concerns your selves to amend , and yet those things that meerly concern the strength of this kingdom , neither for the state , nor my own particular . this i mention , not to reproach you , but to shew you the state of things as they are , you have taken the government almost in pieces , and i may say it is almost off the hinges . a skilful watch-maker to make clean his watch , he will take it asunder , and when it is put together , it will go the better , so that he leave not forth then one pin in it . now as i have done all this on my part , you know what to do on your parts , and i hope you shall see clearly that i have performed really what i expressed to you at the beginning of this pailiament of the great trust i have of your affections to me , and this is the great expression of trust , that before you do any thing for me , that i do put such a confidence in you . which was such an assent to an act of parliament to ruin himself and his monarchy , as never was asked or imposed upon any king or prince , not a vassal unto any prince or republick , or by any king granted unto his subjects , that did not intend to make himself to be either a subject to his subjects , or a fellow subject unto he could not tell who , which that ensnared necessitated , and every where almost betrayed prince , did never intend or think to be rational , or any thing but an oppression and force put upon him by too many of his rebellious subjects , when he was so pinched and surrounded with perils and hazards of the greatest importance , either as to the saving of himself , or his royal posterity and three kingdoms , when the faction of , or , of some ambitious and unquiet spirits backt with a lurking scottish contrived universal rebellion , the villany of some of the unquiet nonconforming clergy , and the bestial ignorance of the rabble had forced him to a condescension of an act of parliament in the year of his raign , that if he did not summon a parliament once in every three years , his chancellor or keeper of the great seal of england , or commissioners thereof upon their oaths after a certain prefixion of daies , and under a penalty to be incapable and suffer such censures as both houses of parliament should inflict , should be obliged to do it , wherein if he or they should in like manner fail , any or more of the house of peers should do it , and cause writs under the great seal of england to issue forth for the summoning of an yearly parliament , all clerks of offices that were used to officiate therein were commanded , under the pain of incapacity and forfeiture of their offices , and such other penalties as that terryfying parliament should ordain , if any sheriff , mayor or bayliff disobeyed , he or they were to suffer the penalties of a praemunire , and the people were to proceed to an election , and send those that they elected to the parliament to be holden once in every year wherein the king was to be personally present , and he or both — houses within the year might adjourn , prorogue or dissolve the same , the house of peers might appoint their own speaker , and the house of commons theirs , the king might nominate by commission one or more to take of the members of the house of commons in parliament the oaths of allegiance and supremacy , and they that refused to be punished by the house of commons , they that sought to disturb or hinder those orders for frequency of parliaments , were to endure the penalties of praemunire , take no benefit by the laws , be incapable of any inheritance , legacy , gift or grant , and be disabled to purchase by themselves or any other , or capable of any office , use , or trust. §. . that all or any of the members of the house of commons in parliament are not properly , or by their original constitution intended or otherwise entituled , or properly , truly , justly , lawfully seized or to be stiled or termed estates , neither are to be so understood or believed to be ; and being to be no otherwise than subject to a temporary election , and by the authority of their kings writs paid their wages and charges , by those that sent and elected them , can have no just or regal right thereunto . for that the title or usage of the word estate cannot bear or carry any other acceptation , interpretation or signification than a party or condition of men elected by a community composed of several sorts of men anciently and originally ( the electors and the sheriffs themselves excepted ) as their procurators or attorneys to be present in parliament ad consentiendum iis , to consent unto , obey and perform such things as the king by the advice of the lords spiritual and temporal should be pleased to ordain . for the word status or estates truly , legally and properly understood either now or anciently , can have or receive no other signification , etymology , interpretation , common use , proper or true understanding or meaning than , status est duplex publicus est dignitatis & honorum l. cognitionem l. . f. de extraordinariis cognitio privatus est hominis conditio ipsum privatum concernens & spectatur in tribus in libertate in civitate in familia l. fin. f. de cap. dim : ideo statum mutare dicitur qui mutat illud jus quod habet in isto casu servi statum non habent cal. . unde dici solet servus caput non habet minsh . statum unde capitis diminutio quod status diminutio meulf . p . statum mutant liberi omnes qui vel ( ivitatem vel libertatem , vel familiae jus amittunt cal. . status personarum conditionem significat sicut ingenui libertini servi cal. . . prat . status dicitur conditio qualitasve personarum qua quis plurimum potest , appellatur in institutionibus jus personarum cal. . gradum pro existimationis & honoris loco usurpari , notum est hinc in gradum reponere est disjectum restituere spieg. prat . gradus in agone literario tres sunt ut doctores legum & seq . baccularii licentiati doctores . status curia comitatus aula regis jacobus de vitriace lib. . pag. . de sapphedino primo die recepit ipsos ( legatos christianorum ) in prima scala de cairon ubi semper est status ejus statutarii sunt magistratus qui statuta odunt , vel horum observationes invigilant , vel secundum ea judicia sua odunt charta annum . infrascripta statuta conscripta per dominos jurisperitos electos per dominos statutarios bulla p. p. data lugduni in m. pastorali eccl. parisiensi lib. . ca. . excommunicatos nuncios , statutarios et scriptores statutorum ipsorum . alia bonifacii . p. p. anno . apud goldastum to . constit . imper. potestates vero consules statutarii & scriptores statutorum praedict . nec non consiliarii locorum ipsorum qui secundum statuta & consuetudines memoratas judicarent , &c. status , statura gregorius taron . lib. . hist. cap. . celsum patriciatus honore donavit , virum procerum statu , in scapulis validum lacerto robustum , &c. mon. sangallensis l. . cap. . de quodam ep. qui cum familiaritate illius animari caepisset in tantam progressus est proterviam , ut virgam auream incomparabilis caroli , quam ad statum suum fieri jussit , feriatis diebus vice baculi ferendam pro episcopali ferula improvidus ambiret . status , sedes , statum facere sedere morari , ethelwerdus lib. . cap. . attamen oppressi lassatu desistunt pugne barbari & sterilem obticient tunc victorie statum . status pro stallo monachorum & cannnicorum in ecclesia galbertus in vita caroli com. flandr . n. . status simul & sedes fratrum dejectae sunt . idem . n. . inter columnas quippe solarii specula & status suos ex scriniorum aggoribus & cumulis scamnorum prostituerant , stephanus tornacensis epist. . assignetis ei statum in choro , sicut habere solet , sedem in capitulo locum in refectorio statutum de installatione canonicorum bononiensium in morinis : assignaturque sibi status in choro secundum qualitatem & capacitatem recepti , & locus in capituli . for they must have no small influence upon the minds and reason of mankind , as well as that which they designed , to have upon the estates of those that would be so credulously foolish as to believe them to be a third estate , to be added unto the former two very ancient estates in times of parliament , viz. the lords spiritual and temporal , and it must be a strong and strange kind of delusion as much or more enchanting than the magicians or southsayers of egypt that could not expound the meaning of pharaohs dreams or far exceed the art of the painter that made zeuxis grapes so very semblable , or like unto them as the birds were made fools , and essayed to eat them , or how should or would be self created estates think themselves to be such estates , when if any such could have been , or ever had been , they must rather have been the estates or such estates that sent them , but not to be such estates , but only as their procurators , attorneys or deputies , or what an efficacious strange art must it be , that could when miracles have been long ago ceased , make a shadow pass for a substance , those that are at home no such estates , but they that were only sent , are no sooner once admitted in parliament , but suddenly and ex se they become parts of that they would call the third estate , when they that sent and helped to make them members of parliament , know of no such grandeur or title bestowed upon them , how , or by whom when they were in drink or fudled at the time of the election , or drinking cheating day of various and senseless bribing , bargaining partialities , shamefully exercised in those our late times of rebellion and confusion ; when some that were electors ( the sheriff of the county being not himself to be elected , but commanded to cause the election fairly to be made of burgesses for cities or towns justly sending knights of the shires , citizens or burgesses to parliament ( not having a freehold estate under forty shillings per annum , is at the same time thrashing in another mans barn , or at plow , or at some dayly servile labour , and neither he or his high-crown-hatted-wife knew of any such honour fallen upon them , or how such an hic or ubique estateship vested in him , or how he that is represented should be less in degree or honour than he that sent and helped him to be elected , and it will be difficulty enough for the third estate asserters to assail them from perjury and treason in their endeavouring to usurp upon their soveraign , and to be coordinate with him , or to free them from the forfeiture of their lands and estates unto their mesne lords . and it is very probable that king henry the third in the year of his raign , and his parliament did not intend to make the common sort of people or smaller part of the nation to be equal with the archbishops , bishops , abbots , priors , earls , barons , and religious men and women , who were by that statute exempt from coming to the sheriffs turn , or being ranked with them as estates ; the sheriffs turns being as sr. edward coke saith ordinarily composed of the bayliffs of lords of manors , servants and other common sort of people , that court having no jurisdiction to try any action other than under forty shillings value . and there could not certainly be a greater parcel of wickedness , credulity and ignorance hardly to be decerned or distinguished , how they or any of their adherents can harbour or give any entertainment to the least embrio or parcel of opinion , that all , or any of the members in the house of commons in parliament , are a third estate when they themselves did so little believe it as in their frequent petitions in parliament unto their kings they could give themselves no greater a title than your pauvrez communs your leiges , and being asked their advice in parliament touching some especial matters , denied to give it themselves , but referred it unto the councel of his lords spiritual and temporal , at another time refused because they had no skill or knowledge in the affairs of peace or war , ( the principal parts of government ) and in the th year of the raign of king edward the third upon that kings demand of an unusual tax upon the common people , as they thought , prayed leave to go into their several counties to consult those that sent , and returned again , with an assent and answer ; and when king henry the fourth appeared to be offended with them , came sorrowfully before him , and humbly begged his pardon , could not as it appears in several of our parliament records , when the protection of themselves their posterities and estates were deeply concerned , give their kings and princes any aids or subsidies without the consent of the lords spiritual and temporal , that in the raign of king henry the fourth could not protect sir thomas hexey one of their members from an accusation and punishment by the king , that in the raign of king henry the sixth could not support their own clerk , and in the raigns of several of our kings have been enforced to pray aid of them by their writs out of their chancery to protect themselves and moenial servants in time of parliaments . that queen mary caused . of their members to be indicted in the court of kings bench for being absent from parliament , wherein none of them though plowden a very learned lawyer was one , durst adventure to plead or insist upon any their pretended soveraignty of parliament , or that they were a third estate or part thereof , that queen elizabeth one of the greatest and most vertuous of princess that ever weilded a scepter , and sate in our english throne could upon no greater an offence of bromley and welsh two of the knights of the shire for the county of worcester then endeavouring to petition the house of the lords to joyn with them to supplicate her majesty to declare her successor , did forbid them to go to the parliament , but keep their chambers , and shortly after committed them prisoners in the tower of london , and did not long after , sitting the parliament , arraign and try in her court of kings-bench for high treason doctor parry a member of parliament , and caused him to be drawn , hanged and quartered , and may read that in r. . in an act of parliament made against provisions at rome under a penalty of praemunire the commons by the name of the commons of england three times repeated not stiling themselves a third estate , petitioned the king that the estates , viz. the lords spiritual and temporal ( herein acknowledging the praelates to be of great use to the king ) might declare their resolutions to stand to and abide by the king ; and had never presumed so high as publickly to print and declare that the soveraignty is inherent and radicated in the people , if they had not plundered or sequestred the devils library of hellish inventions , tricks and new found devices , or met with some manuscript of them at some auction , a trick of trade newly found out by the stationers . and likewise prayed the king , and him require by way of justice , that he would examine the lords spiritual and temporal severally , and all the estates in parliament , to give their opinion in the cases aforesaid , whereupon the said archbishops , bishops , and praelates being severally examined , made their protestations that they could not deny or affirm that the pope had power to excommunicate or translate bishops or praelates , but if any such thing be done by any , that it is against the kings crown and dignity . and the lords temporal being severally examined , answered , that the matters aforesaid were clearly in derogation of the kings crown and dignity . and likewise the procurators of the lords spiritual being severally examined , answered in the name and for their lords as the bishops had done , whereupon the king by the assent aforesaid , and at the request of the commons did ordain and enact the said statute of praemunire . and might be assured that in holland & the united provinces the chief of the confederate estates with those that represent the reistres schaff or nobility do usually sit at the hague in holland , & many times go home or send to the towns and places they represent to receive their orders or approbation , who sometimes send their deputies unto the estates at the hague with their resolutions , so as there is a wide and great difference betwixt those which our ambitious high-minded parcel of people that would be called estates , and those that are the true and real estates of the principality of ghelders and county of zutphen , earldoms and counties of holland , zealand , utrecht , and friziss , omland , and the eu , and lovers , who did so unite and confederate themselves together with all those that would allye and unite with them , as they promised not to infringe or break any of each of their priviledges or immunities ( which our members of the house of commons in parliament have largly done , by ejecting , turning out and imprisoning one another , putting others in their places , and making them receive their illegal sentences and unjust judgments upon their knees ) neither shall raise or make any taxes or imposts upon each other without general consent ( which ours would be so stiled estates , have as largely done , as millions of english money have amounted unto ) and in case any thing be done to the contrary , it shall be null and void , the lords lieutenants and governors of the said several provinces and stadtholders thereof , and all the subordinate magistrates and officers should from time to time take their oaths to perform the same , and the governors of the cities , towns & places in the said united provinces do in especial cases send unto their stadtholders their assent or ratifications before any thing be acted , which our pretending third estates did not do , when they arraigned and murdered their king at the suit of the people , when that blessed martyr king charles the first asserted that they were not a tenth part of the people , and he might truly have said that there were not above one in every of the deluded people of many millions of his subjects ( cromwels souldiers and army , and the murdering judges only excepted ) and not all of them neither that desired his death , or being so wickedly used . and can never find any reason , record or president to warrant the imprisoning , securing or secluding as they have lately called it , any of their own members , nor are to judge of the legality or illegality of the election of their members , nor of any the pretended breach of their priviledges , of which the king and lords were anciently the judges as is evident by r. . n. . r. . n. . h. . n. . h. . n. , . h. . n. . . & ca. . h. . n. . brook parliament . h. . n. . h. . n. . h. . n. , . . e. . n. . e. . n. . cum multis aliis , but were always petitiouers to the king for publick laws and redress of grievances or in the case of private persons , but very seldom petitioned unto , and then but by sometimes the upholsters and merchant adventurers of london , and though they had the free election of their speakers granted , yet they were to present them to the king , who allowed or refused them , and sometimes caused them to chuse another , never did or could of right administer an oath to witnesses or others to be examined by the whole house of commons as the lords in their subordinate judicative power usually did , had no vote nor judicature in writs of errour brought in parliament returnable only before and to be judged by the king and his house of lords , nor yet in criminal causes upon impeachments wherein the lords are only subordinate to their soveraign to be judges . so as the improbability , impossibility and unreasonableness of the super-governing power and pretended supremacy of the house of commons in parliament will be as evident as the absurdity and frenzy thereof will appear to be by all our records , annals , historians and memorials , which will not only contradict the follies of those that are so liberal to bestow it upon them , but may give us a full and undeniable assurance that the representing part of part of the commons of england in parliament from their first original in h. . when their king was a prisoner to a part of his subjects , & they could then represent none but rebels , did not certainly believe themselves to be either one of the . estates of the kingdom , or co-ordinate with their king , when in the first year of the raign of king edward the second as walsingham a writter of good accompt then living and writing after the th year of the raign of king henry . hath reported the people seeking by the help of the bishops and nobility to redress some grievances which did lye heavily upon them , ad regem sine strepitu accedentes rogant humiliter ut baronum suorum conciliis tractare negotia regni velet quibus a periculis sibi & regno imminentibus non solum cautior sed tutior esse possit . and when they had any cause of complaint or any grievances cast or fallen upon them by their fellow subjects , or thrown or imposed one upon another , did not calumniate their kings by publick calumnies or remonstrances ( for who would not in the course of ordinary friendship , or in the case of children or servants to their parents or master take it to be an ill piece of love or duty publickly to abuse and rail at their kings and those which were invited for helps in councel worse than the accursed chams discovery of his father noahs nakedness , or jobs instead of comfort better censuring friends ) did it in no worse expressions than walsingham hath related , viz. archiepiscopi episcopi abbato priores comites barones & tota terrae communitas monstrant domino nostro regi & humiliter rogant eum ut ea ad honorem suum & populi sui salvationem velit corrigere & emendare . and when they long after found themselves as aforesaid stiled one of the . estates in some of the parliament rolls so as aforesaid mentioned could not by any grammar or reasonable construction , or by any rules of any truth , sense or reason believe the king to be one of the . estates spoken of or at all intended in the journals or rolls of parliament , or understood so to be by the parties speaking or spoken of or unto , the sandy and britle foundation of which ill digested opinion being not likely to get any room in any serious mans well weighed consideration . being only made use of as a trick of faction and sedition to exclude the bishops and lords spiritual , on purpose to put the king in their place , whereby to make him co-ordinate with them , and the house of peers , and help to justifie as much as they could , the fighting against imprisoning , arraigning and murder of their king. and being elected and introduced into the house of commons , as procurators only , and representing for some part , not all of the commons under their proper limitted conditions , ad faciendum & consentiendum iis , to such matters and things as in that greatest of councels in the kingdom , should be ordained by the king and the lords spiritual and temporal there assembled for the good and welfare thereof , under the oaths of allegiance and supremacy , did not stile themselves estates , or think they were thereunto entituled , when at the coronation of their former and succeeding soveraign kings and princes , they were in suo genere , though with different species , degrees , estates & capacities comprehended under the notion of the vulgus or common people , for until the th . year of the raign of king richard the d . they had no title of estates allowed or given unto them , and if they could make any title thereunto , the lords spiritual or praelates were the first , the lords temporal and nobility the d . under and subordinate to their king supream head and governour , and the commons who were dispares to the peers of england the d. who did notwithstanding long after in their petitions in parliament , take it to be honour enough to call themselves by no higher a title than the commons . the kings leiges , and his pouvrez leiges , the word estate , state , or one of the estates in parliament , being by the invention or phraseologie of their clerks or registers by hasty abbreviation , and in and but sometimes saving of labour in the aforesaid th year of the unfortunate raign of king richard the d . by use and custom fastned upon them as men , and many learned authors have often by an incuria done , when in their writing of ancient and former things or times , they have made use of words or expressions of the present times , as more intelligible , as duel for battle or camp fight , parliament for our seldom or greatest councels , hint for intimation or spoken of before , the last of which being known only to have been here introduced in the late covenanted scotch and english rebellion , by mr. alexander henderson , or the late senseless , proud , false and insignificant titles of honour , or respect of an alderman , assumed by such as paid a great sum of money as a fine , not to be an alderman , and so became revera no alderman , with as little reason as the citizens wives of london , as low as the meal-man's and bricklayer's , do think themselves clownishly handled or dealt with , if they be not at every word stiled madam , cum multis aliis his nugis curialibus , of the misusage and impropriety of words misapplied , without any consideration had of the intention and true meaning of the authors , and the times wherein they lived , and the mode and usage of the words in former and latter times made use of , for the better signification and expression of mens meanings , either writings , reading , or modus loquendi , viz. by an ignorant bellum grammatical , make rebellion to be as necessary as religion , and rebellion to be religion . who could not without the power or impulse of dreaming , or some wild imagination be estates in very deed , when they took and sued for their wages in coming to the parliament , tarrying and returning , and have been told by some of our kings in parliament , that they were but petitioners , which they then did not contradict , which the higher sphered lords in parliament , never did more than enjoy a priviledge anciently allowed , but rarely made use of by them in the hunting and killing a deer , as they travelled through any of the kings forests or parks , in their way to advise and serve their kings , in those their greatest of councels , and in our statutes and acts of parliament , penned by the judges and councel of our kings , in their former and much better usage and custom of drawing and penning our acts of parliament , of late left only to be framed by sollicitors , and the prosecutors and contrivers thereof , so as the word estates is rarely to be found therein . and so little were the parliamentary commons of england obliged to the old approved good writers and historians , as asser menevensis , ingulfus , roger hoveden , gervasius tilburiensis , william of malmesbury , matthew paris , brompton , knighton , and many others contemporaries to our brittish , saxon , danish and norman kings and their successors , and if their testimonies will not pass with these reeord scrap-mongers who would wrest and wring every thing they can meet with to their seditions and treason hatching by false and wicked glosses and misinterpretations , the parliament and statute rolls that do every where give evidence as an everlasting truth unto what that blessed martyr king charles the first hath so truly asserted in his answer to the rebel parliament propositions , when the secretary or sir edward hyde by a mistake had allowed them the title of estates , which being decryed by the lawyers and loyal members of the loyal parliament at oxford then attending , viz. sir orlando bridgman , sir geffry palmer , and sir robert holborn , had not so passed but that the post could not be recalled , yet howsoever the rebellious party at london , that were so willing to catch at that ( as they thought ) advantage , might have seen read in the words cohaerent in the same paragraph an exception in the words following in a parenthesis , viz. but never intended to have any share in the government . and they that heretofore did take it for an especial honour to wear many of the peers and nobilities liveries , and glad to be reteyners to them , were so modest as to be unwilling to assume the title of an estate in parliament , when in parliament conferences , passing of bills , messages , or other occasions the house of peers sate covered that third estate if it could be so called , stood and are to stand uncovered . and mr. pryn one of their greatest champions that did more than he should to magnify their customs and priviledges , was at length constrained to acknowledge that in all the parliaments of king edward the third richard the second , henry the fourth , fifth , and sixth , edward the fourth , and richard the third , the commons in parliament never claimed nor exercised an such titles or jurisdictions as of late years have been usurped by them or given unto who never until they ran mad with rebellion who never presumed or pretended to make print or publish any act ordinance or order whatsoever relating to the people or their own members without the king and lords assent and concurrence , never attempted to impose any tax , tallage , charge , excise or duty upon the people without the king and lords consent , never adventured to appoint any committee or subcommittee to hear and determine any particular business or complaint without the report thereof to the whole house of commons , without the privity or assent of the house by way of transmission or impeachment to their superior authority and judicature of the house of peers never attached , fined , imprisoned or censured any person by their own authority without the lords , as they have hundreds of late years done . and that very famous ancient and great republick of venice crowning their doge with an imaginary crown for venice and two other real and very crowns , the one for cyprus and the other for candy , both kingdoms revera in their actual possession , yet as the lesser in the greater bound up and captivated under a strange diversity of forms and cantons hath not the priviledge to read a letter without the privity or overlooking of the grand consiglio or venetian nobility , hath besides their many great varieties and fragments of magistracy , offices and parts of governments , cut into as many parcels as they can to give every one as much relish and hopes as their largely extended dominions can afford , are not without at the first , since augmented into the number of of those which they stile nobility , and makes a principal part of the first quality or concern in their government , as our bishops and lords temporal , the former being barons as much as the latter for their lives , although not as the latter in fee or fee-tail , and amongst the many particles or pieces of their mangled government can allow their doge to be the superior , and more than co-ordinate with all or any of the avogardoit di communite , & the pregadi that are to guide their chief affairs of estate , and consist of noblemen , some whereof have their rights of the lottery or balloting box , their greatest councel consists of the doge , consiglieri the consiglio di dioci , the third consigliera de bassa , the three lords of the raggioni vecchio , the three lords of the raggioni nuevo the cattaveri or the inquisitors of truth , the two censori , the three provisori delli dieci savii ( or special wisemen ) and that which should be the wonder , the colledge of the savii are to have no vote in the pregadi , and they of the pregadi , can take no resolution except there be in it four consiglieri , or at least of the nobility be of the quorum , or that they do ordinarily give order to their embassadors in all parts of the world whither they have been sent to register , and give an accompt to their state or senate , or whatever they can be called of the the several forms of government in other nations and kingdoms , and yet omitting the feudal the best of all governments happily experimented in the most of their neighbour nations and kingdoms so pertinatiously as they do , and have such an hotch potch or gallimaufry of mixtures as we say in england , as if they were again to be dislocated or taken in pieces , that great republick planted betwixt the two great empires of the west and east would in all probability be on a sudden in as great misery , distress and confusion , or greater than it was when they fled from the ravage and fury of the huns and vandals into the arms and bosom of the gulf of the adriatique sea , and mr. selden hath informed us that in england in the saxons time , and long after the middle thanes and the valuasers were not honorary as the greater thegnes or barons were . and it may be worthy our observation , that although mr. pryn in his careful recapitulation before mentioned of the lords spiritual , the bishops , and the earls and barons , the lords temporal , & excluding the commons until after th th year of the raign of king henry . doth altogether negatively conclude that there were no commons then present , yet when he comes to rectify , as he calleth it , the mistakes of the abridger , doth in anno . e. . relate that the estates in full parliament do agree that they shall not retain , sustain or avow any felons or breakers of houses , which the king having commanded before , is truly and properly to be understood of the lords spiritual and temporal ; and in another place of the said record mentioneth that the whole estate prayed the king to be gracious unto edward the son of roger mortimer earl of march , which could not inforce the king to be one of the estates , or that there were any other or more estates than the lords spiritual and temporal . anno . e. . were proclaimed the articles agreed in the last parliament , and , , . in another parliament intended to be at york , it is said that most of the estates were absent , sir jeffry le scroop by the kings command shewed the cause of summoning the parliament , but for that most of the estates were absent , which might consist only of lords spiritual and temporal , and the king ordained new writs of summons to be issued . in a reassembly at york in the same year , articles of the last parliament were proclaimed by the steward and marshal of the king and the commons ( not then said estates ) had license to depart , and the lords commanded to attend until the next day , at which time the parliament was dissolved . in anno . e. . it was petitioned that no pardons be granted unto outlawed persons by any suggestions or means , but only by parliament . to which the king answered , the statutes made shall be observed . that all men may have their writs out of the chancry , paying nothing but the fees for the seals , without any fine according to the great charter nulli vendemus justitiam , unto which the king answered , such as be of course shall be so , and such as be of grace the king will command the chancellour to be therein gracious . neither doth it appear that the lords spiritual , who in the raign of king stephen , held three several councels in secular affairs , and of king henry the d . were sundry times mediators employed by him in treaties betwixt him and the king of france , or that the lords temporal , the other part of the house of peers and baronage of england , subordinate under their king and soveraign , did ever take esteem or believe the members of the house of commons in parliament , jointly or separately to be a d. estate of the kingdom , for they neither had or enjoyed that title or supposed power . in anno . of king john , in the rencounter or rebellion at running mede , when in a pacification there made with some of his robustious barons , it was agreed , that if the conservators ( none of them which were then nominated to be the conservators of the kingdom , being then called the estates ) could not obtain a just performance of that constrained agreement by a complaint made unto the king , or his chief justice of the kingdom , populus not then dreamed to be a d. estate , might ●um pravare with a salvo or exception to the persons of him , his wife and children do it , and were not so imagined to be , when the popes legat had by his excommunication of that king , and interdiction of the use of christianity in the whole nation , constrained him to do homage to the pope , by an investiture of the sword , crown and scepter , and an yearly tribute of marks for the kingdom of england and ireland , to the church and see of rome , that engine or trick of soveraignty inhaerent in the people , or a d. estate representing for them in parliament , not then being thought necessary for a ratification of those that would magnifie themselves with that factious and fictitious title of a d. estate , which they durst not adventure to make use of , or mention in our magna charta , and charta de foresta , freely granted by king henry the d. his son , and that more than thirty times confirmations , for the first whereof they believed they had made a good bargain , when they had given unto that king the th . part of their moveables , and were not a d. estate , or called so in the year of the raign of that king , when the derogatory act of parliament to kingly government , was enforced from him at oxford in the year of his raign . anno . e. . the bishop of durham , and sir michael de la poole came from the king with a message to the whole estates ( which probably were then none other than the lords spiritual and temporal ) concerning his victories atchieved in france . the lords upon the kings want of money , grant to the king the tenth sheaf of corn ( their bond or bond-tenants excepted ) their 〈…〉 h fleece of wooll , and 〈…〉 h lamb for two years , the commons then not stiled estates , require time to go into their countries to advise with those that sent them , the commons ( not estates ) return their assent , and make several demands with a request , that the sheriffs of every county , may in the next summons to parliament , return two knights girt with swords . a general proclamation was made , that all persons having charters of pardon , should resort to the sea-coast for the kings service , upon pain to forfeit the same . the commons do give the king for his relief sacks of wooll , upon conditions expressed in a pair of indentures , whereupon the lords promised to send to the king , to know his pleasure , after long debating , the commons promise to give presently to the king sacks of wooll , so as if the king liked the conditions aforesaid , the same should run in payment , if not they would freely give it to him . remembrances of things not finished in one parliament , to be done in another . they granted unto the king , the ninth of their grain , wooll and lamb , for two years to be levyed out of all towns-men , the ninth of their goods , of such as dwelled in forests and wasts , a fifteenth upon condition the king would grant their petitions , contained in a schedule , ( so willing were the commons to obtain , and get what they could from the king , and so little did they think themselves to be a d. estate , or an entire , or any part of soveraignty . ) sundry bishops , lords and commons , were appointed daily to sit , until they had reduced the aforesaid grant into the form of a statute , and was agreed upon by the king , and the whole estates , which could not be expounded , that the king was one of those estates , or the other , any more than the lords spiritual and temporal , leaving the commons to be no more than they were in suis gradibus , no d. estate , which beginneth , to the honour of god , &c. and such articles as were to continue but for a time , the king exemplified under the great seal , know ye that with our bishops , earls , &c. certain bishops and lords requiring to be saved harmless against the duke of brabant for great sums of money , wherein they stood bound for the king , if the duke of cornwal married not the daughter of the said duke , which was granted , and all which letters patents were inrolled in chancery . and for that the king in his stile was named king of france and had changed his arms whereby , the abridger of the parliament rolls or records , or mr. pryn the rectifier or misuser of them hath given us a curtailed abbreviation of the parliament remembrances , in e. . wherein all that the abridger or rectifier was pleased to give us , was that subjects were no longer bound to him than as king of france , the kings letters patents of indempnity were granted beginning edwardus , &c. know ye that where some people intend , &c. when as in the printed statute according to the parliament record ( for so it may better be understood to have been the abridger or rectifier so miscalled might have seen that the king by the title of king of england and france and lord of ireland , by his letters patents under the great seal of england , reciting that whereas some people did think that by reason the realm of france was devolved to him as right heir of the same , and for as much as he is king of france , the realm of england should be put in subjection of the king and of the realm of france in time to come , he having regard to the estate of his realm of england , and namly that it never was nor ought to be in subjection to the obeysance of the kings of france , which for the time have been , nor of the realm of france , and willing to provide for the surety and defence of the realm of england , and of the leige people of the same doth will and grant and stablish for him and his heirs and successors by the assent of the praelates , earls , barons and commons ( wherein if the commons had in themselves an inhaerent right of soveraignty , they would neither have been troubled with any such fears of the french government , or needed any such provision against it ) of his realm of england in this present parliament in the th year of his raign of england and first of france , that by the cause or colour of his being king of france , and that the said realm to him pertaineth , or that he came to be named king of france in his stile , or that he hath changed his seal or arms nor for the commandments which he hath made or shall make as king of france , his said realm of england nor the people of the same , of what estate or condition they shall be , shall not at any time to come be put in subjection nor in obeysance of him or his heirs nor successors as kings of france , nor be subject or obedient , but shall be free and quit of all manner of obeysanee , as they were wont to be in the time of his progenitors . for that trick or engine of metamorphosing the soveraignty of the king into that of the people and by excluding the bishops and lords spiritual out of the house of peers in parliament , unto which ab ultimo antiquitatis seculo since christianity abolished paganisme they were as justly as happily entituled and put our kings and their regalities in their places whereby to create unto themselves a co-ordination , and from thence by the intrigues of rebellion a soveraignty in themselves , which was not in the former and better ages ever entertained or believed by our parliaments when no original pact or agreement hath been or can yet be discovered how or when the house of commons came to be entituled unto their pretended inherent soveraignty , or to be seized thereof by their representation of the people , or from whom they had it , or who gave it unto them , when it may be believed god never did it , for he that never used or was known to contradict himself , hath in his holy word declared and said , per me regis regnant , which should not be misinterpreted and believed to be conditionally , if the people should approve or elect them for which the gentlemen of egregious cavillations if they would be believed , should search and see if in all the books of god and holy writ they can find any revocation of what god himself hath said and often declared , for an undeniable truth , or that he ever discharged and renounced it by as infallible acts and testimonies . but if any one that believes learning and the inquires after truth , right reason , and what our impartial records and historians will justify how or from whence that aenigna or mystical peice of effascina of the members of the house of commons making themselves to be a estate of the kingdom , and a creed of the late factio●s and rebelling ever to be deplored parliament , or from what lernean lake or spawn of hydras came . it may besides the pride and ambition of many that were the fomenters or nurses of them be rationally 〈◊〉 understood to have none other source or original besides don lancifer himself then for sir edwards cokes unhappy stumbling upon his reasonless admired forged manuscript and imposture called modus tenendi parliamentum in anglia in king edward the confessors raign , there having been neither any author or record as mr. pryn hath truly observed to justify or give any credit thereunto , but was as he hath abundantly prove● a meer figment and imposture framed by richard duke of york . and . h. . by the commons petition and the duke of yorks confederates by the rebellion and insurrection of jack cade and his rebellious levelling party to make him that duke of york protector and defender of the people , which ended in the dethroning of king henry . and though mr. hackwel of lincolns-inne a learned antiquary hath adventur'd to say that he hath seen an exemplification of a record sent from england into ireland to establish parliaments there after the form or method of that modus , yet when the learned archbishop usher pressed him much to see it , he could neither shew the exemplication nor the record it self , neither of which are yet to be seen in england or ireland , only sir edward cokes copy remains , but when or from whence he had it he was never yet pleased to declare . . e. . at the request of the whole estate ( which may most certainly have been thought to have been made to the king , not to themselves ) those articles were made statutes , and the conditions were read before the king , and the chancellor , treasurer , justices of both benches , steward of the kings chamber and others were all sworn upon the cross of canterbury to perform the same . . e. . the cause of summoning the parliament being declared amongst the other things to be touching the estate of the king ( who was often absent in the wars of france ) and for the good government ( which they whom the erring abridger hath stiled the estates , viz. . the lords spiritual . . the lords temporal . ) . the commons in parliament were to consult of so as if the commons could be a third estate , the king and his estate and the government were , necessarily and only then and always to be understood and believed to be the th estate principal , superior and independent . . e. . at which parliament and convention sundry of the estates saith , that ill phrasing abridger or translator whoever he was , were absent whereat the king was offended and charged the archbishop of canterbury for his part to punish the defaults of clergy , and he would do the like touching the parliament whereof proclamation was made , and being not absent , was neither likely to be angry with himself , or resolving to punish himself . the chancellor in full parliament declaring the cause of summoning the parliament , viz. the articles of the truce with the french king & the breaches in particular thereof , the whole estates ( mistakenly so stiled ) were willed the king that willed or commanded being no part of them unless it could be believed that himself willed or commanded himself as well as others ) to advise upon them , & give their opinion thereof by the monday next following . e. . after the reading of the roll of normandy , and that the king of france his design to extirpate the english nation , the messengers that were sent by the king required the whole estate ( no such title being in the original ( whereof the king could then be no part if it was said to be the whole estate without him , for he could not be with them when he was absent in france , and had sent his messengers unto them ) to be advised what aid they would give him for the furtherance of his enterprise . and mr. john charleton one of the messengers aforesaid likewise bringing letters from the bishop of durham , earls of northampton , arundel , warwick , oxford , suffolk , and hugh le despenser , lord of glamorgan , to the whole so misnamed estate of parliament ( when the king could not be one of them , not at all being present ) purporting that whereas the king at his arrival at hoges in normandy had made his eldest son the prince of wales knight , he ought to have of the realm forty shillings for every knights fee , which they all granted and took order for the speedy levying thereof . e. . sir john matravers pardon was confirmed by the whole missettled estates ( whereof the king could not be accompted any of them ) for he granted the pardon . e. . richard earl of arundel by petition to the king praying to have the attainder of edmond earl of arundel his father reversed , and himself restored to his lands and possessions upon the view of the record , and and the said richard earl of arundels allegation that his father was wrongfully put to death , and was never heard , the whole estates saith , that ill translator adjudged he was wrongfully put to death , and restored the said earl to the benefit of the law ( which none could do but the king who was petitioned , and having the sole interest in the forfeiture , was none of those which were wrongfully called the whole estates ) e. . where it is said that at the end of the parliament the chancellor in the presence of the king shewed that the king meant to execute the statute of apparel , and therefore charged every state to further the same ( the king could not be understood to charge himself . ) after which he demanded of the whole estates ( so as before mistaken ) whether they would have such things as they agreed on to be by way of ordinance or of statute , they answered by way of ordinance , for that they ( being to take benefit thereby ) might amend , the same at their pleasure . and so the king having given thanks to all the as aforesaid miscloped , estates for their pains taken , licensed them to depart , which should be enough to demonstrate that the granter and grantees were not alone or conjoynt , and that the king giving thanks to the estates did not give it to himself . e. . the archbishop of canterbury on the kings behalf gave thanks to the whole ( in the like manner mis-termed ) estate for their aids and subsidies granted unto the king ( wherein assuredly the archbishop of canterbury did not understand the king to be any part of the whole estate which the king gave thanks unto . the commons by their speaker desiring a full declaration of the kings necessity , require him to have consideration of the commons poor estate . the king declared to the commons that it was as necessary to provide for the safety of the kings estate as for the common-wealth . anno . regis richardi . after receivers and triers of petitions named , commandment was given that all persons and estates ( which imported no more being rightly understood than conditions or sorts of men ) ( miscalled as aforesaid ) should the next day have the cause of summoning the parliament declared . r. . the parliament was said to have been adjourned by the common assent of the whole estates ( the first time of the lords spiritual and temporal being called the estates without or with the commons joyned with them no such names or words , appellations or titles were either known or in use , nor any such words or titles as estates being to be found in the originals or parliament rolls before anno r. . for no more appeareth in the original than in and under these expressions , viz. et mesme le vendredi auxint a cause & ce fest & solempnite de pasch estoit a progeno ii coveient le roi les seigneurs & tautx autres entendre a devotion le parlement & coe assent le toutz estats le parlement estoit continez del dit vendredi tanque lindy lendemain de la equinziesme de pasch adonquez prochem ensuent & commandez per le roy a toutz les seigneurs & communs du dit parlement . quils seroient a westminster le dimengo en la dite quinzieme de pascha a plustaid & sur ceo noevelles briefs furent ●aiots a toutz les seigneurs somons au dit parlement de yestre a la dite quinzieme sur certaine peine a limiter per les seiguro qui seroient presents en dit parlement a la quinzieme avant dite le quel limdy le dit parlement fust recommence & tenat son cours selont la request des communs & grant de nostre seigur le roi avant ditz . and then but the inconsiderate hasty new created word of the clerks in a distracted time , when the great ministers of state in two contrary factions , to the ruin of the king and many of themselves , as it afterwards sadly happened , were quarrelling with each other , and all the bishops so affrighted , as they were enforced to make their protestation against any proceedings to be made in that so disturbed a parliament . in anno . r. . the bishop of exeter chancellor of england taking his theme or text out of ezechiel , rex unius omnibus erat proved by many authors that by any other means than by one sole king no realm could be well governed ; for which cause the king had assembled the estates in parliament to be informed of the rights of his crown withheld , which oration afterwards was to the same effect seconded by sir john bussey knight , speaker of the house of commons . king richard the second being as a prisoner in the tower of london made the archbishop of canterbury , and the bishop of hereford his procurators to publish his rem 〈…〉 of the kingdom to the whole estates . which whether at at that time distinguished or divided into three doth not appear , viz. into lords spiritual and temporal , and commons could not comprehend the king , who was not to be present , but gave the direction and authority to his said procurators , and could never have been understood to have been present , or one of them himself , or to have made such a prosecution against or for himself . after the claim made unto the crown of england in parliament by henry duke of lancaster , and a consultation had amongst the lords and estates ( not expressing that the commons were a d. or any part thereof , it being then altogether improbable that king richard the d . or any other representing for him was there present , and to make one of the said pretended estates as much out of the reach of probability , that king richard himself was one , or a person then acting against himself , the duke of lancaster himself then affirming , that the kingdom was vacant . and when the usurping king henry the th . openly gave thanks to the whole estates , ( wherein is plainly evidenced ) that himself neither was or could be understood to be then , or at any other time one of the said estates . the first day of the parliament the bishop of london the kings brother and chancellor of england in the behalf of the king , lords and commons , declaring the cause of calling the parliament , and taking for his theme multitudo sapientum , learnedly resembled the government of the realm to the body of a man , the right-hand to the church , the left-hand to the temporalty , and the other members to the commonalty , of all which members and estates , the king ( not deeming himself to be one ) was willing to have councel . the archbishop of canterbury chancellor of england by the kings commandment , declaring the cause of the summoning the parliament , and taking for his theme regem honorificate , shewed them that on necessity , every member of mans body would seek comfort of the head as the chief , and applyed the same to the honouring of the king as the head. and in that his oration , mentioning the lords spiritual and temporal , knights , citizens and burgesses giveth them no title of estates , but the kings leiges . in the presence of john duke of bedford brother of the king lieutenant and warden of england and the lords and commons , the bishop of durham by his commandment declared that the king willed that the church and all estates should enjoy their liberties ( which could not include the king. ) it was ordained that all estates should enjoy their liberties without the words concessimus ( which could not comprehend the king who granted it to them , but not to himself . the chancellor at the first assembling of the parliament declared , that the king willeth that all estates should enjoy their liberties , ( which must be intended to others that were his subjects , and not to himself that was none of them . ) the archbishop of york chancellor of england , declaring the cause of summoning the parliament , said , the king willeth that all estates should enjoy their liberties , in which certainly he well knew , that the person willing or granting , was not any of the persons or estates to whom he willed and granted that they should enjoy their liberties . the duke of gloucester being made guardian or keeper of england , ( by the king sitting in the chair ) the archbishop of york being sick , william linwood doctor of laws , declaring the cause of summoning the parlia●ent , said , that the king willed that every estate should enjoy their due liberties , which properly enough might be extensively taken to military men and soldiers , the gentry , agricolis opificibus all sorts of trades , labourers , servants , apprentices , free-holders , copy-holders lease-holders , single women and children , tenants at will , and which never were themselves estates , but the several sorts and degrees thereof , wherein if any law , reason or sense could make the king to be comprehended , an inextricable problem or question would everlastingly remain unresolved who it was that so willed or granted . the king sitting in his chair of state , john bishop of bath and wells chancellor of england , in the presence of the bishops , lords and commons by the kings commandment , declared the causes of summoning the parliament , taking for his theme or text , the words sussipiant montes pacem & colles justitiam , divided it into three parts according to the three estates , by the hills he understood bishops and lords , and magistrates , by little hills , knights , esquires and merchants , by the people , husbandmen artificers and labourers . by the which third estates , by sundry authorities and examples , he learnedly proved , that a triple political vertue ought to be in them , viz. in the first unity , peace and concord , in the second equity , consideration & upright justice , without maintenance ; in the third , due obeysance to the king , his laws and magistrates without grudging , and gave them further to understand the king would have them to enjoy all their liberties . of which third estates , the chancellor in all probability , neither the king , or they that heard him , did take or believe the king himself to be any part . the th day of august , the plague beginning to increase , the chancellor by the kings commandment in the presence of the estates , ( the clerks translator or abridger being unwilling to relinquish their novelty or errors , ) ( of which the commonest capacity or sense , can never interpret the king to be one , ) prorogued the parliament until the quindena of st. michael . the bishop of bath and wells chancellor of england , in the presence of the king , lords and commons , declaring the cause of the summons of parliament , said that the king willed that all estates should enjoy th●● liberties , which might intitle the king to be the party willing or granting , but not any of the parties , who were to take benefit thereby . it was enacted by the whole estates , ( which may be understood to be the king , lords spiritual , and that the lords of the kings councel ( none of theirs ) should take such order for the petition of the town of plymouth , as to them should seem best . letters patents , being granted ( by the king ) to john cardinal , and archbishop of canterbury of divers mannors and lands , parcel of the dutchy of lancaster , under the seal of the dutchy , were confirmed by the whole estates , for the performance of the last will and testament of king h. . though it was severed from the crown , and was no part of the concernment thereof , nor had any relation to the publick , or any parliamentory affairs , the king himself that granted the letters patents , could not be interpreted to be one of those whole estates , which were said to have confirmed them . by the whole estates were confirmed king henry the th letters patents , of the erection and donation of eton colledge , and also of kings colledge in cambridge with the lands thereunto belonging , which might well conclude the king , although he being the donor , could not be believed to be any part of the whole estates , who by their approbation are said to have confirmed his letters patents . the chancellor in the name of all the lords in the presence of the king , protested that the peace which the king had taken with the french king , was of his own making and will , and not by any of the lords procurations , the which was enacted . and it was enacted that a statute made in the time of king h. . that no peace should be taken with the french king , that then was called the dolphin of france , without the assent of the three estates of both realms should be utterly revoked , and that no person for giving counsel to the peace of france , be at any time to come impeached therefore , which may demonstrate that neither the dolphin of france , nor the king of england , were then accompted to be any part of the several . estates of the said kingdoms . the king by his chancellor declared that he willed that all estates should enjoy their liberties , it cannot be with any probability supposed that either he or his chancellor intended that himself was one of the said estates . the archbishop of canterbury chancellor of england , in the presence of the king gave thanks in his behalf to the . estates , wherein no grammar or construction of reason or sense , will ever be able to comprehend the king. the th day of december , the chancellor in the presence of the king and the estates ; ( which is surely to be understood to consist of other persons separately and distinct from the king ) prorogued the parliament until the th day of january then next ensuing , at westminster , and upon the th day of april , was likewise prorogued to the th day of may next following . the archbishop of canterbury chancellor of england , in the presence of the king , lords and commons , declaring the cause of summoning the parliament , said , that the kings pleasure was , that all estates should enjoy their liberties , which could not signifie that the king himself was one of those estates to whom he granted that favour . the th day of december , the chancellor in the presence of the king , and the . estates by the kings commandment , giving thanks to the . estates ( the king being then by the chancellor , or any other master of reason or common sense , not understood to be any one of the . estates to whom the thanks were given ) dissolved the parliament . an act of parliament was made , wherein was declared that king edward the th was the undoubted king of england , from the th day of march last before , and that all the estates yielded themselves obeysant subjects unto him and his heirs for ever , ( the late never to be maintained doctrine of the pretended co-ordination of the house of commons in parliament , as subjects with their soveraign in parliament , and the government being not than that established , or ever to be evidenced otherwise then god hath ordained a co-ordination betwixt the king and his subjects , which is , that the people as subjects should obey their king , and the king as their soveraign protect , rule and govern them , ) and affirmed the raign of king henry the th to be an intrusion , and only usurpation . the chancellor , the king sitting in his royal state , in the presence of the lords and commons made an eloquent oration , wherein he declared the . estates to comprehend the governance of the land , the preheminence whereof was in the bishops , the second to the lords temporal ( which the learned and men of that age , and other chancellors understood to be no other than two separate and distinct estates , the one temporal , and the other spiritual , and the king to be superiour . the bishop of london chancellor of england , in the presence of the king and the . estates , ( the king being none of them , but superior over them all , ) prorogued the parliament to the th of june ensuing . for where the abridger , or mr. pryn possessing himself to be the rectifier , or corrector , amongst his other faults and mistakings in his epitomizings made it to be in the parliament rolls of edwardi . that many failing to come to the parliament upon the summons of the king , did put a charge upon the whole estate by a reassembly , he will find neither words or matter for it . all that appears of the title of estates in the parliament and statute rolls of that year , is no more than the prelats grants & gentz du commune , or les prelats , counts , barons , gentz des countez & gentz de la commune . no whole estate mentioned in the parliament roll , all that is said n. . is no more than a les requests des grantz come de ceu● de la commune , & de le clergie . that which is translated the estate of the king , is no more in the parliament roll n. . than les beseignes nostre seigneur le roy , & de son royame . where the abridger saith the parliament was to treat and advise touching the estate de nostre seigneur le roy , & le governement , & le salnette de sa terre d' angleterre , & de son people , & relevation de lour estate , there is no other mention of estates than the prelatz , grantz , & commons de son roiame , and charged les chinalers des countes and commons to assemble in the chamber de pinct . a quel jour vindrent les chivalers des counties & autres commons , and gave their advice in a petition in the form ensuant a tres excellent , or tres honorable seigneur les gentz de vostre commun soy recommandent a vous obeysantment en merciant se avant come leur petitesse powre suffice de & tant tendrement pervez a quer & maintenir la pees a la quiete de vostre people , &c. et en maintenance des autres leyes as autres parliaments devant ces heures grantees vostre poure commons sil vous plaist sa gree & semble a la dite commune & totes autres choses poent suffisantement estre rewelez & terminez en bank le roy commune bank & devant justices as assises prendre nisi & les delayes nient covenable soient aggregez & oustez ore a ce parliament per estatut . en. ro. parl. . e. . where the king desired the names of the absent lords , that he might punish them , there is no mention of the clergy or commons , or of any estates , and the king afterwards desiring their advice touching his treaty with france , charged the prelats , countz , & barons et communs , to give their advice therein . which they all did without naming themselves , or being stiled estates . the kings letters of credence sent out of france to his parliament in england , were directed a toutes erchevesquis evesques , abbes , priours , counts , barons , & toutz autres foialx le roy , & vendront au dit parlement troter sar les beseignes le roy , whereupon he demanded an aid of the said prelats grantz & communs . and the lords ( without the title of estates having granted it , ) the chivalers des counties , citizens & burges des cities & burghs , prioront de avoir avisement entre eux , and in answer thereunto , delivered a petition unto the king for redress of grievances , ( not by the name of the estates ) but a nostre seigneur le roy & a son conseil 〈◊〉 〈◊〉 gentz de la communes de sa terre ausi bien des 〈◊〉 & 〈◊〉 〈◊〉 de counties . where it was supposed that a pardon was granted , and a 〈◊〉 〈◊〉 〈◊〉 to sir john matrevers of all his lands by the whole estates , there appeareth no more in the 〈…〉 ment ro●● than that he petitioned , a nostre seigneur le roy & a son bon conscil , wherein he recited that restitution had been granted , de poiar royal nostre seigneur le roy par bor accord 〈◊〉 common assent des prelatz , co 〈…〉 es , barons , de son roialme par plusieurs causes , appearing in the 〈…〉 ings charter of pardon , and prayed quil p 〈…〉 st a nostre dit seigneur le roy , & a son bon conscil par la bo●dance de sa noble seignorie granter & la restitution scisdite p●usse estre ore renovelle en cest parlement quelle petition lue fut respondue & endorse par les seigneurs & autres grantz du parlement quil semble an conscil & la chartre doit estre renovelle & entre en roule du parlement & est de record sil plest au roy , & pour ceo & mesme cesse petition fust pius monstre au roy , & il ad ottroie , & aussint est ottroio per la commune soit la dite chanre renovelle per accord de tut le parlement , & entre en roule de meisme le parlement en le meliour mannere & pourra estre pour bone & gremdre assurance del estat le dit johan , in and by which , the king repealing the judgment given against him in parliament . judicio predicto non obstante , saith only , nos ad requisitionem praedicti johannis , & pro majori securitate status ipsius johannis de assensu praelatorum ducum comitum , baronum , & comitatis regni nostri angliae in praesenti parliamento nostro existentium restitutionem praedictam ratisicamus &c. the archbishop of canterbury , and those many suffragan bishops and clergy of his province , not at that time deeming themselves to be an estate , soveraign or governing either in or out of parliaments , when in that parliament they petitioned unto him in this manner , a nostre seigneur le roy supplient ses humbles chapelleius symon par divine soefrance erchevesque de canterbury , & ses frereres evesques de sa province par eux & tote le clergie quil pleise a nostre dit seigneur le roy pour le reverence de dieu , et de sainte eglise et a sa benignite a eux granter et confirme totes les liberties et privileges et droits grantez et donez par lui et ses nobles progenitors avant ses heires a sainte eglise par leur chartres estatuts et ordinances &c. where it was in the translation mistakenly said , that the king gave thanks to the whole estate , and licensed them to depart . the record is only , et si faict mercia le roy as prelatz grantz , et communs de leur venir et leur bone port en parlement , et leur done congie a departir , et issint finist le parlement . anno . e. . when the english abridgment or translation saith , that the archbishop of canterbury on the 〈…〉 ings behalf , gave thanks to the whole estate for their aids and subsidies . the original in the parliament roll is no more than , et le samedy suant les communs esteanuts en la dite chambre blanche fueront charges quils faissent leur petitions , et quilles baillerent le meskerdy sumant . et le lundy suant les prelatz grantz en mesme la chambre esteant fut monstrez a eux par lerchevesque coment le roy leur mercie de grant cuer de plusieurs aides quils lui avoeint faitz et meement des darreine aide quils lui facerent en le darrein parlement des subsides et customs a lui grants de leynes quiers et peaux lanuz pour un temps et ce fut il que le grant fust chargrant a son people nient moins per vint an demora au profit ou encres de lui per cause des grant chargez et payements faits et sustemis ●y bien a caleis guines pontiff , et ses autres terres de la come d' irland , et la marche de escoce que leur plat par tant avoir consideration a son estat et honeur , eta sgrantz charges que lui avoient faire et sustenue deners le marche d' escoce pour la salvation dicelle pour cause qui semble plus la guerre qui pees par les respons des escetz sur que les choses les prelatz et grantz en deliberation plein ove les communs de une accord granterent a nostre seigneur le roy en aide de son , et honeur somner et gardez et les grants custages que lui coment faire , et mettre par diverse voies les subsides , et customs de laynes , &c. par deux aus prochein ensuant qui passe hors du dit roialme . after which followed the petitions des commons , without any title of estate . the chancellor on the kings behalf , commanded the prelats , seigneurs and commons , there being to continue there until le besoignes del roy were finished , and not to depart without license , and the commons do in their petitions stile themselves no otherwise than voz pouvrez et liges commons . item prient la clergie . and the commons made their declaration in these and no other words , a nostre seigneur le roy , et a son conscilpar la commune d' angleterre . item prie le commune at coine ils se sentent de jour en autres our agenses estre grievez par pluralitez des guerre as constage importables et plese nostre seigneur le roy , et son sage conseil ordonne ent remede qur tieuxchargez autre porter la commune ne purra en nul manere susteiner . unto which the king answered , le roy le fa●●e volunters ses honeurs , et estat ●ond●z salvez all which put together , do not declare the commons , to be a third estate , and no ways agreeth with the abridgers translation , that the commons by their speaker , requiring the king to have consideration of their poor estate . he answered that it was necessary to provide as well for the safety of his own estate as for the common-wealth . where the abridger or corrector translates , after receivers and triers of petitions named , commandment was given , that all persons and estates should return the next day , to hear the cause of summoning the parliament declared . the original saith no more than , touz ensemblez en my des prelats et seigneurs avant duz appellez eux chancellor terminer seneschall chamberlaine , et les sergeantz le roy quat il beseignera , et tiendrout lour place ●n la chambre mercalfe . et le roy vous commande et vour retornez le de maine per temps pur avoir declaration en place especial manere sur les causes des le somonce avant dite , et en oultre le roy commande a touz et avoient la dite somonce quils vieguent de jour en autre audit parlement et quils ne se absentent mye en de protentdycell sans especial congie de lui sur peril q' appont . the bishop of exeter chancellor of england , at the assembling of the parliament , taking his text out of the prophecy of ezekiel , rex erit unus omnibus , alledging the power that ought to be in soveraign kings and princes whereby to govern , and the obedience in subjects to obey , and that all alienations of his kingly priviledges and prerogatives were reassumable , and to be repealed by his coronation oath , pour quoi le roy ad fat assembler de estatz de parlement a cest faire pour estre enformez si ascun droitz de sa corone soient sustretz on amemuser a sin que par lour bon advis & discretion tiel remedie puisse estre mis & le roy puisse esteer en sa libertie ou poir commune ses progenitors out este devant lui & duissent de droit non obstante ascun ordinance an contrarie , & anisi le roy as tenez & les governera , in which speech of the chancellors , no man as it is sufficiently probable , did then ●nderstand the king to be a part of the estates he was speaking unto , who if they could then in a time of faction and trouble of state , that had then affrighted and disturbed the greatest part of the nation , have had any thought or imagination , that their king was so comprehended in that novel word estates , had a fair opportunity to have entred their claim to that triumviracy , or never to be proved co-ordination , or which would be beyond a lurking soveraignty , for the common people to resort when they please , and were in the same parliament afterwards so little elated with the expression of the clerk of the house of peers , in the entry of the record of the kings vacating of the earl of arundels pardon , par assent de touz le estats du parlement , as they made their protestation , and prayed the king that it might be inrolled , that it was not their intent ou volunte , to impeach or accuse any person in that parliament , sans congie du roy , and if they had been any such estates , as some of late would entitle them unto , did not perceive themseves to have been then so great , or in partnership with their soveraign or above him . and thereupon the chancellor by the kings command likewise declared that , nostre seigneur le roy considerant coment plusieurs hantes offenses & mesfaits outestre faitz par le people de son roialme en contre leur ligeance & l' estat nostre seigneur le roy & la loie de la terre devants ces heures dont son people esciet en grant perill & danger de leie & lour corps , & biens , & voullant sur ce de sa royalle benignite monstre 〈◊〉 faire grace a son dit people a fyn quils ayent le greindre corage 〈◊〉 volonte de bien faire de leur mieux porter devors le roy en temps avenir si voet & grante de faire & ease & quiete , & salvation de ●on dit people une generalle pardon a ces liges fors●ris certaines pointz limitez par le sonuant la sui●e al partie forspris cyn quont persones queux plaira au roy nomez & touz ceux qui serront empeshez en ce present parlement , & dit oustre que le dit roy voet que plein d●oit & justice soyent faitz a chastun de ses liges qui en voilent complandre en cest parlement , & ad ordinez , & assignez receivers & triers des petitions en cest parlement . and did in pursuance thereof in full parliament , excuse the duke of yorke , the bishop of worcester , sir. richard le scroop then living , william late archbishop of canterbury , alexander late archbishop of york , thomas late bishop of exeter , and michael late abbot of walton , then being dead of the ●xecution , and intent of the ●ommission made in the tenth year of his raign , as being assured of their loyalty , and therefore by parliament restored them to their good name and sir edward coke might have bestowed a better gift unto the laws and lawyers of england , and his native countrey , than that pandoras box or circes inchantment in his doted upon , or so much admired modus tenendi parliamenta , which he at an adventure , not knowing himself from whence that bastard came , but was as a foundling so young , left in the streets , as it could neither declare who was its father or mother , and that which was something marvelous , none had the luck to find it , and in charity pay for the nursing of it , as himself and the name of that nurse , as unknown as the father or mother or progenitors thereof , and made himself so much assured of it , as if he had been present , when that modus supposed to have been made by 〈…〉 ing edward the confessor was read before king william the conqueror , and approved by him , & could not forbear but his fourth part of the institutes , or comment upon littleton , but he must frequently use it , but transmitted into ireland , to be there observed in king henry the seconds raign , which there as little to be found recorded and authenticated , or legitimated , as it hath been in england , as hath been before mentioned , and grew so over-fond of it , as he hath as he thought , done no little piece of service to after ages , to insert it as an especial part or undiscernable point or parcel of law , although he might have seen that mr. selden would not not oblige himself or his readers to walk along with him in his over-credulity , and all our records both of england and ireland , and all our historians and annalists , as well coaeval as of nearer times . as ordericus ingulphus vicalis , eadmerus , malmesbury , simon dunelmensis , hovedon , huntingdon , florentius , wigornensis , nubugensis , matthew of westminster , matthew paris , trevisa , chronica , johannis brompton , walsingham , giraldus cambrensis , matthew parkers antiquitates ecclesiae brittanicae , hollinshead , daniel speed , fox , spelman , and many others cited by mr. pryn in his manifest proofs , evidence , conviction , discovery and refutation of that modus tenendi parliamenta , to be full of falsities , forgeries and errors , a fabulous legend and meer imposture , to furnish out jack cades rebellion in the latter end of the raign of king henry the . for the advance of richard duke of yorks title to the crown of england , and if there had been such a modus , it may be more than an ordinary wonder , that the conquered and inslaved people of england should precibus & fletibus , beg of the conqueror sir edward the confessors laws , whereupon he anno quarto regni sui angliae , caused to be summoned , concilio baronum suorum per universos regni angliae● consulatus angliae nobiles sapientes , & in sua lege eruditos ut eorum leges & jura , 〈◊〉 consuetudines ab ipsis audiret electi igitur de singulis eorum patriae comitatibus viri duodecim jure jurando primum coram rege confirmaverunt ut quoad possent recto tramice incedentes nec ad dextram nec ad sinistram divertentes legum suarum & consuetudinum sancita patefacerent nihil praetermittentes , nihil addentes , nihil praevaritando mutantes , a ligibus igitur sanctae matriis ecclesiae sumentes exordium quantum per eam rex et regnum solidum subsis●ens haberet fundamentum leges libertates & pacem ipsius confirmati sunt , there never having been before or since such a solemn jury , either in the raigns of our brittish , roman , saxon , danish and norman kings , or their many succeeding kings or princes , sworn and impannelled by a king himself , or in any nation of the world , that any history or record hath been able to give us an account , and yet in the verdict and return thereupon made , faithfully written and recorded by two bishops , there is not a word or syllable , or any the least mention , or intimation of that modus tenendi parliamentum , or any the pretended rights or priviledges of parliament in those our late infatuated and rebellious times , so quarrelled and grasped without any manner of evidence and colour , and although in the beginning of the raign of king charles the martyr , he could in the house of commons in parliament , weep and lament with tears the supposed dangers with many he knew not what to call them fears and jealousies , and procured many of his fellow members to bear him company , did take care out of his modus tenendi parliamentum , to bless after ages with a parcel of its levelling doctrine , which might make the broken pieces of the monarchy of england never able without god's mercy to be cemented or put together again , but remain incurable by that means and help more than ordinary , which mr. selden thinks was written long after the norman monarchy , and the title of it is so false , that it too much disparageth the treatise . and that fictitious modus hath six distinct pretended estates , wherein sir edward coke was pleased to allow our king to be caput principium & finis parliamenti , whom all other mistakers , & the bill or instrument that made richard . an usurping king , made but three estates , two or three of which degrees or states never sat in parliament before , or during the conquerors raign , nor many years after , saith mr. pryn , et pacem non habet in suo gradu , ( as that modus is pleased to allow him , et ita rex solus est primus gradus . . ( gradus est ex archiepiscopis , episcopis , abbatibus , prioribus , & aliis clericis qui baronias tenent , . gradus est ex procuratoribus cleri , . gradus est ex comitibus , baronibus , & aliis magnatibus & proteribus , tenentibus ad valenciam comitatus & baroniae , . gradus est de militibus comitatuum , . gradus est de civibus & burgensibus , & ita est parliamentum de sex gradibus , & sciendum est quod licet aliquis dictorum quinque graduum post regem absens sit dum tamen omnes praemonici sint per rationabiles summonitiones parliamentum censetur esse plenum . and that special engine or machine of the devil could not fail of a great effect in the furnishing out and palliating that damnable and hypocritical rebellion , which for almost fifty years last past hath miserably infatuated and ruined england , with damage and mischiefs in abundance to ireland and scotland , and the loss almost of some hundred thousand mens lives , and the ruin of very many families , unto which that modus tenendi parliamentum was a compleat directory , and to all our rebellious confusions and troubles after happening , and introducing the murder of the blessed king charles the martyr . and was not like to produce any better consequence than the dislocating and tearing in pieces a most happy kind of government , and transferring a well established monarchy into the said fatality of an anarchy , no where to be found amongst all the monarchies of christendom , or any other parts of the world , or any the ideas of plato , or any legislators of the world , sir thomas moores utopia , or that which gonzagua and his geese found in that of the world in the moon , or that which would not long have satisfied wat tiler , jack cade , john of leyden , massinello , or the rabble of their state menders , or propagators of their rambling fancies , one part of which modus hath this special doctrine , et sciendum est quod duo milites qui veniant ad parliamentum pro ipso comitatu vocem habent in parliamento in concidendo & contradicendoquam majores comites angliae , & eodem modo procuratores cleri unius episcopatus majorem vocem habent in parliamento si omnes sint concordes quam episcopus ipse , & hoc in omnibus quae ad parliamentum concedi negari vel fieri debent , ex hoc patet quod rex potest tenere parliamentum in comunitate regni sui absque episcopis comitibus & baronibus dum tamen summoniti sint ad parliamentum licet nullus episcopus comes vel baro ad summonitionem venerint quia olim nec fuerat episcopus , comes nec baro , & adhuc tunc reges tenuerunt parliamenta sua sed aliter est e contra licet communitates cleri & laici summoniti essent ad parliamenta sicut de jure debent , & propter aliquas causas venire nollent ut si praetenderent quod rex non regeret eos sicut et assignaret specialiter in quibus articulis eos non rexerat , parliamentum nullum est omnino ( at their will and pleasure ) licet omnes archiepiscopi episcopi comites & barones eorum pares cum rege interessent , ( a large priviledge if sir edward coke were alive to see , if he could with a torch fanatically lighted , it authenticated as such charters used to be with many witnesses , for a farthing or small candle will never be able to do it , ) and it seems that that part of the modus , or the residue of that incredible tale or story was not ready at hand , when he was speaker of the house of commons in parliament , when queen elizabeth charged him to tell that house , that it was only in her power to summon , prorogue , adjourn and dissolve parliaments , which he without any contradiction of what she had spoken unto him faithfully related unto them , and they as little denied , et ideo oportet quod omnia quae affirmari vel informari concedi vel negari aut fieri debeat per communitates parliamenti concedi quae est ex tribus gradibus sive generibus parliamenti scilicet ex procuratoribus cleri , militibus comitatibus burgensibus qui repraesentant totam communitatem angliae , & non de magnatibus quia quilibet eorum est pro sua propria persona ad parliamentum , & pro nulla alia . and that levelling doctrine will want a confirmation in a record of h. . the original whereof is only thus . memorandum quod octavo die julii anno regni henrici regis post conquestum undecimo ipso dom . rege in parliamento suo apud westmonasterium tunc convocato sede sua regia in camera depicta residente praesentibus etiam tunc ibidem illustrissimis principibus bedford & gloucester ducibus ac reverendissimo in christo patre henr. cardinal . angliae caeterisque quam pluribus prelatis proceribus & communibus regni angliae ad parliamentum praedict . authoritate regia convocatus venerabilis pater johannis episcop bathon & wellen cancellarius angliae causam summoniconis ejusdem parliamenti ex ipsius domini regis mandato egregio assumens pro suo themate suspiciant montes pacem & colles justiciam in quibus rex verbis asservit quod triplex regni status potuit ut sibi videbat rationabiliter annotari ( several degrees or conditions of men videlicet , per montes praelalati proceres & magnates per colles milites armigeri & mercatores , & in populo cultores artifices & vulgares , ( used to be elected to come to parliaments in those days ) quos quidem status enuncialius exponend . asserint & ser nonnulla autoritates historias & exempla summaria demonstravit quod triplex deberet virtus politica eisdem tribus statibus specialiter pertinere videlicet prelatis & magnatibus pax veritas & vera concordia absque sictur . vel dissimulatione . militibus & mediocribus aequitas & mera justitia absque manutenentia & pauperum expressione vulgaribus vero vel inferioribus voluntaria regi & ejus legibus ( when he intended none of the three several states to be allowed the legislative power ) obedientia absque perj●rio & manutenentia . ex quibus si in regno angliae ●aliter se haberent maxima de conqueacencia ac regi & regno commoda quam plurima fine dubio pervenirent ad providend . igitur qualiter in regno montes praedicti pacem suscipiant colles que justitiam vulgari populo administrant ipsi etiam populi vulgares eorum antiquis relictis perjuriis divinis legibus & humanis plus solito fideliter obediant & intendant prefat . dominus noster rex ex sui sani avisamento concilii dictum presens parliamentum facerit convocari volens & concedens quod praefati magnates & comitates praedict . ( without giving either of them the title of estates ) omnibus & singulis libertatibus & quietanciis eis per nobiles progenitores ipsius domini regis quondam reges angliae concessis & per eundum dominum regem confirmatis & minime revocalis nec per legem angliae revocabilibus set per eosdem prelatos & magnates , & comitatem bene & rationabiliter usitatis gaudeant & ut antur dedit insuper prefat . cancellarius praedict . communibus ( without any title of estates ) nomine regio firmiter in mandatis quod in eorum domo communi antiquitus u●●tato in crastino convenirent & eorum prolocutorem eligerent , & sic electum prefat . domino regi 〈◊〉 ea celeritate qua commode poterant realiter presentarent . et ut justitia conqueri volentibus possit celerius adhiberi idem dominus noster rex certos receptores & ●riatores petitionum in praedicto parliamento exhibend . constituit & assignavit . item . die augusti anno presento domino rege & tribus regni statibus in presenti parliamento existentibus ( which being but a phrase or expression of the clerk could reach no further than the chancellors meaning in his before mentioned speech , relating several so●s or qualities of people then assembled in parliament ) post gratias redditas ex parte domini regis & ejus mandato communibus regni ( without any title or stile of estate ) tunc ibidem presentibus deorum bonis diligentiis & laboribus circa ea quae sibi ex parte regni injuncta fuerunt exhibitis & ostensis praefat . dominus cancellarum de mandato ejusdem domini ulterius declaravit qualiter idem dominus rex ipsorum communitat . relatione conceperat quod in civitate london et suburbiis gravis pestilentia ceperat oriri qualiterque prefat . communes ( without the appellation of estates ) plenam et particularum informationem et nolitiam notarium extorsionum oppressionum manutent et aliorum defect . in dicto regni habitorum unde idem dominum rex certiorari affectabat per eosdem nullatenus habuerint attendens etiam idem dominus rex qualiter tempus autump●ale in quo magnatibus circa suas recreationes et deductas ( without any title of estates ) insisquet communibus ( with no title or estates ) circa suarum messium congregationem intendere competabat similiter 〈…〉 propinguabat . quibus de causis et presertim ut prefati communes ( without any other title ) de extorsionibus oppressionibus riotis manutentiis et aliis defectibus praedictis particulariter informari possent ac dictum dominum regem inde plenius edoteri idem dominus rex dictum presens parliamentum usque xv . nam post festie scilicet michaelmis tunc proxim . futurum apud westminster voluit prorogari ac illud realiter prorogavit omnibus et singulis quorum interfuit firmiter injungendo quod apud westminster . dict . xv . die excusatione quacunque cessante personaliter convenirent ad tractandum comitandum et consentiendum super hiis quae tum ibidem pro pacis bono et regis et regni commodo favente domino contigerit ordinari , &c. and it is not a little remarkable how a man of so great learning and practise in the laws of england , as the aforesaid sir edward coke , should either be so much bewitched with that modus tenendi parliamentum , and at the same time so much admire littletons book of tenures as he believed many of his & caetera's , or abbrieviations therein to comprehend some more than common or ordinary point , or special matter of law worth the enquiry , and not be able to understand that the feudal laws were the fundamental laws of england , and supporters of the ancient monarchick government thereof , and were nearly allied to the civil or caesarean laws with their patroni or clients , and have descended unto us from the longobards , brittains , saxons , goths and vandals , and other northern nations , now and very anciently the laws whereby for the most part all christendom is and hath been governed , and that that excellent book of littleton , who was a judge in the raign of king edward the fourth now not above . years ago , contained a compendium summary and practice of our feudal laws , those best , most wholesome , firm and obliging laws in the world , then and long before used in england , should be so little acknowledged or beloved by sir edward coke , whose principal care and design hath for a long time been to disparage and bury them in oblivion , by his over-much magnifying that fatal and grand imposture of modus tenendi parliamentum , made it to be the machine or engine to batter and destroy our fortresses of loyalty , and should not have allowed his admirers as much or more than he did his and our littleton , to believe either that empusa or modus to be as a creed to a people in that frenzy , and almost national infatuity , wherein to he and his beloved modus had perswaded them , and by the help of the master of all craft and subtlety , turned our laws out of their ancient inheritance , and by stiling our feudal laws , the common laws by the hocus pocus insolence , and perjury of parliament rebellion now almost of fifty years continuance , rendred us to be like the jews in their seventy years captivity , who so forgot their primitive language as they were enforced to crave the incertain help of the mazorites to understand their own language , and by creeping themselves into that which our rebel innovates would have called a third estate , made themselves the governing essential and constituent part of the parliament , the generale consilium or colloquium of the nation , in arduis not in omnibus but quibusdam , being the most useful , wholesome and profitable in and through all the christian world , and so experimented where they are kept in their due and proper limits and boundaries in a due obedience to their kings and soveraigns , and cause as many as they can to believe them , that they as representing the people , ( who never trusted them to any or the like purpose ) have an inherent right of soveraignty in themselves to accuse , depose , or murder their kings , and elect or choose another , turn a monarchy into a republick or common-wealth , when there had not been in england , within the memory of any true record or impartial history any one before , framed by a factious and unquiet party of rebels in parliament , under the basest of hypocrisy that ever was practised in the world , upon the pretence of setting christ upon his throne . and could not be content , until they had without any cause raised a rebellion against their pious prince , and murdered him , forced from the people to maintain those their ungodly doings by taxes , as much as amounted unto millions of sterling money , besides the vast sums of money and riches gained by the extorted fines and compositions from the kings loyal party at goldsmiths and haberdasher's halls in london , the one for the th part of their estates , and the other for compounding for their supposed forfeiture for fighting to defend their king against his rebels , and their plunderings , sequestrations , and decimations of those with whom they had before compounded besides a tax for six months of every house-keeper in london , and its vast lines of communication for as much as their weekly diet amounted unto , with money borrowed upon that which they would call the publick faith , which cheat brought that godless party into their repository of the guild-hall in london abundance of money , plate , rings , jewels , silver bodkins and thimbles , many of whom after those villainous wars and rebellions something appeased being in poverty , have been the constant attenders at the house of commons doors in parliament , to enquire for madam publick faith's habitation , but could never be able to find it , and besides all these wickednesses , could not think they had done enough , until they had added unto their many sins , that no small sin of sacriledge , by sequestring the orthodox ministers , imprisoning of the bishops , and sale of their and the deans and chapters , prebends and cannons lands , and their woods and possessions , banishing and every way impoverishing them , shutting up all or many of the church doors in wales , upon pretence of reforming or propagating religion , but gathering the tithes into their own purses , sale of the king , queen and princes houses , and rich moveables , and of all their lands and revenues , the coats of their yeomen of the guard , and the plate in their royal chappels ; allen a goldsmith , and member of that house of commons , picking out and exchanging the jewels out of the kings crown , and putting in counterfeit , plundered and sold much of the lands and goods of the nobility , displaced the masters of colledges and halls in both the universities , without shewing any cause more than that they would put in another of their own party , and began to gape , and lick their lips after a like reformation of their lands and revenues , tore up the brass upon monuments upon the ground , and made money of them , because there was inscribed upon them orate pro nobis , and broke those glass windows that had any pictures or images in them , for fear of superstition , made a stable for horses in the cathedral of st. pauls in london , where heaps of dung might be as high as the roof , and sawyers seen sawing in the grave where the bishop of london was buried that obtained the city of londons charter of their liberties from william the conqueror for which their more grateful successive mayors and aldermen , at great solemnities never failed at their coming to that cathedral in a kind of procession to walk about it . and the othodox clergy of the church of england calumniated by mr. john white a lawyer of the late seditious edition , who being a chairman appointed by a committee of parliament , to relieve those that they would call plundered ministers , being the factious antichurch party , did so order the matter , as to put out all the orthodox ministers , and taking his notes and examinations in characters , was able to interpret them how he pleased , and upon the accusation of a cobler at lambeth , that the learned dr. featly had preached false doctrine , he must be turned out of his benefice , and imprisoned at lambeth , wherein besides many other , if not all , he or his notes were shrewdly mistaken , when one mr. clopham a minister was for adultery ejected , when it was proved that by a fall from his horse , he was so disabled in his genitals as he could not be guilty of it . and the ecclesiastical plunder masters were to take a more than ordinary care , that when their small comcompassion had been pleased to allow the sequestred ministers wives and children a th part of their husbands benefices , that they should have as little , and as hardly as could be of it , when after they had tired themselves with their petitions to the upper and lower committees , they had obtained an order for that their small pittance found no other comfort , after that they had travelled forty or fifty , or more miles unto one that should pay it , then one who being more merciful and candid than the rest was pleased to shew a small common or private almost invisible note or mark in the order that they should not obey it . mean while about of sequestred ministers of the west parts of england could have no better a place provided for them than to be imprisoned at lambeth house , but a little before notoriously infected with the plague , and ordered an alderman of london , whose son is yet living to attend them with two culverings or small pieces of cannon ready charged to fire upon them , as they were in the chappel serving god , and hearing doctor featly preach unto them , where they had perished if god had not in mercy provided an escape for them . and if this were or could be proved or justified to be a work for such a third estate , as that modus tenendi parliamentum was so willing to provide for our laws , having in their subordination to gods laws , and not opposite unto them been truly believed , and said to have been derived from right reason , yet that is always to be understood to be so , when it hath received the sanction of the king , and are not agitated by the various wills , interest and fancies of the people next unto madness . and it might amuse and amaze all the men of law and learning in the kingdom of england , how sir edward coke that hath been attempted to be a man of so great knowledge and experience in the law , and entrusted with so many weighty charges and offices in our laws , as lord chief justice of the court of common pleas , and afterwards of the court of kings bench , and so great a collector and remembrancer of the cases and judgments in the law , with their various forms and entries should have so often read in his so greatly beloved book of littleton , the chapters of homage , and homage auncestrel , and escuage assessed in our parliaments , could think it to be the common law of england , and that by which it had for many centuries past been governed , and not to be by its true and original name and nation , as well here as in all the other parts of the christian world the feudal law , and what else where those feudal laws used in england , which our learned sir henry spelman and dr. zouch mr. of alban-hall in oxford so largely & directly mentioned to have their beneficial use and residence amongst us allowed and repeated by the very learned , the sieur du fresne a baron of france , and other good authors and historians . and if those premises cannot be enough to satisfy us , sir edward coke , if he were alive , might do well to instruct us what law that homage and escuage appertained unto . and if there were any other laws that this kingdom was governed by when and by whom they were introduced , and of how long continuance , for it may be hoped that our sons of novelty will not be so impudent as to offer to obtrude upon the world the follies and villanies of wat tiler and jack cade , our late pretended rebuplicans or their cheating instrument maker oliver cromwel . or upon what other laws than feudal are our magna charta and charta de foresta supported , and as often as thirty times in several of our parliaments confirmed , when all our many english rebellions , troubles of state and commotions either at home at abroad have left it as a quiddam sacrum more than the safe guarded vestal fire amongst the romans , or can shew us in any of our records , annals or holy writ , wrested or misinterpreted , that the dernier resort or appeal hath been or ought to be in the people , unless they can make themselves or any others believe that there was something or more revealed to them than was in the scripture or holy prophets , for there was no third estate under our kings to assist their councels in parliaments subordinate unto them put upon them , nor intended to be by the conservators enforced upon king john in the rebellious parliament and battle at running mede , afterwards reduced to four , or when their captain general robert fitz-walter was stiled mariscallus exercitus dei & ecclesiae anglicanae , neither in anno . h. . being over-powered by some of his rebellious barons , where those conservators were turned into the one half to be nominated by the king , the other by the contending party at the parliament at oxford , or when that afterwards adjudged derogatory parliament to kingly authority was referred by king henry the third and the rebellious barons unto the arbitration of the king of france or sworn to abide it , none of the rebellious party were entituled estates , or in that after rebellion and detaining king henry the and prince edward his son about a year and a quarter they would not adventure to form or imitate a general councel in that captive kings name , those few that came were not called or intended to be a estate in an house of commons nor in any of the many rescripts or mandates which symon montfort and his partner rebels made in their captive kings name nor in any parliament after his release or in the parliament of king edward the first when he was pleased to suffer some of the commons elected by his writs to attend in the house of commons in parliament , neither had they the boldness in all his long raign of years , or in the , or years of king edward the second , or the fifty one years of king edward the third , or in the raign of king richard the until the title of estates crept in as aforesaid , and mr. pryn made himself after the creator of them in his misused rectifying . and having as they thought turned the tables the wrong way in calling our feudal laws the common laws , which indeed they are , should be , and a long time have been have so far put them out of their right place , order and station , as they think they have changed our feudal laws which are & should be the only fundamental laws of the kingdom and government thereof into a quite contrary , and too many of our lawyers have been so willing to forget them , as they had rather now of late make us believe if they could the tricks of attorneys to be our common laws , than our more ancient , legal , rational and fundamental feudal laws ; insomuch that one , that thinks himself no small one , hath of late been pleased to say very considerately as he thought , that the study and knowledge of antiquities was but like the picking up of old iron in the london streets or kennels . as if the prophet jeremy had either mistaken or lost the commission which our alwise and omniscient god had given him , when he advised us stare super vias antiquas & inquirere veritatem , and such lawyers of a late edition might find themselves hard put to it to answer the question how or from whence proceeded or were derived our oaths of allegiance and supremacy , which have for so many ages past been legally taken and enjoyned , and do and ought yet to continue , if not from an ancient fundamental feudal laws from what other laws of god or man were they derived , or any the various customs or usages of either heathen or christian , fixt or established by by any other rational custom or usage or unfixt and left only to the divers interests , occasions and contingencies of every mans particular interest and affairs , and can never be ascertained how long they shall continue in one and the same mind and good liking , and where the systeem of these laws , usages or customs are or may be found , or what oaths of allegiance and supremacy have been sworn unto or upon them . whether upon the old custom of england of wrastling or choosing king and queen at the epiphany or twelft night at christmas . and if they would be a governing estate may think themselves not a little beholding unto such as can either think or believe that they are or ought to be so in love with them as to trust them as formerly they had done , and could tell their brethren of scotland that their promises were but conditional , and did very lovingly alter order their man of sin oliver cromwel to beat , subdue , and after their laws and religion , promised the people of england , after that they had murthered their king and laws , that they would maintain and govern by the fundamental laws , when they did all they could to subvert them , after they had coined it to be high treason in their cutting off the head of the late earl of strafford , and the illustrious family of the prince of orange , william the great restorer and rescuer of the ordines or states of holland and west-friezland , ( without the rest of their united provinces ) lying now interred under a stately tomb at 〈◊〉 in holland , with his well deserved attributes could not escape their ingratitude , when to please that protector of the english villanies , and provide as well as they could for their self preservation , they made a league and agreement with that great master of hypocrisy , se neque cel 〈…〉 um oransionensem principem at que ex ejusdem familiae linea quempiam provinciae suae praefectum vicarium vel archithalassim dehinc electum esse , neque etiam quantum ad provinciae suae ordinum suffragia a●●inet permissaros ( obliging themselves for the residue ) ut unquam eorum quisquam foederatorum provinciae militiae prae●●iuntur , which they perswaded themselves would be sufficient enough to satisfie their particular consciences , if they could but procure their associate confederates to be of the same perswasion , and be as little to be trusted as themselves upon no other reason than that , quinimo eousque remedisse videtur ut ea quae reliqui provinciarum ordines perversa indicarunt varia uti loquuntur deductionibus d. d. ordinum generalium concilio judicata adeoque concepta adeoque conscripta fuerunt exhibita , idcirco jam ante inquirenti nobiles ac provinciarum hollandiae west frisiaeque ordines neutiquam dubitantes quin nonnulli provinciarum ●●deratarum ordines non aliam ob causam minus convenienter indicarent rerum omnium statum & fundamentum & quaecunque ex illo dependent ipsas denique veras rerum circumstantias haud plane edocti fuerunt , nec quenquam fere quin postremum omnia & singula eorundem acta factaque cognoverit sive alteri examini subjicere omni dubio procul solitae sollicitudini nobilium & procerum west frisiae ordinum quam in salutem reipublica quotidie intendant attributum sic nunc demum secundum promissa juxta decretum quarto die junii proxime elapso praepotentibus d. d. ordinibus general . uti quoque literis deinde nono die exarat . & relinquarum provinciarum gen. potentibus b. b. ordinibus exhibita apertam sinceram veramque rerum omnium quae ad instrumentum seclusionis pertinent detectionem foederatis ordinibus exhibere voluerunt simul etiam omni ex parte nihil se quicquam in universo hoc negotio actum concessum confirmatumque fuisse quin id omne extra controversiam sibi absque alicujus provinciae damno , aut praejudicio agere concedere seu confirmare labore licuerit in quantum patriae comodum ejusdemque incolarum & subditorum salus atque incolumitas postulat , ( being no good excuse but an oliver satisfaction either in latine , english or dutch , ) but a trick of olivers , to work and model his own designs by affrighting them into the height of ingratitude , and an act of oblivion of their oaths and league with their formerly united confederates . and our english in the troubles and stirs betwixt king john and some of his barons , when there were thirteen knights in every county of england and wales , sworn to certifie the liberties of the people , and in the raign of king henry the third the like number , there were no liberties of a third estate to be found in either of them . and when the tired self created republick never before heard of , seen , felt , understood or exampled in england , wales , ireland , or scotland , and its vast american plantations , and knew not how like phaeton to guide their ambitious chariot , and the horses would for want of conduct be disorderly , run and tear themselves , chariot and all in peices , and make the driver never more covet exaltations , and fearing that the great villanies and oppressions which they had for many years together committed , and pillaging of three kingdoms might shortly after retaliate and give them bitter meat to their sweet sauce , and supposing that they might have no small assistance from their hypocrite oliver cromwel and his rebel army , did so suffer him and his officers and mechanicks to creep into their parliament or house of rebels as in a short time the one part of the army getting into london , and the other quartering or encamping round about it , and intermedling with the government , and procuring for themselves and their friends memberships in the house of commons in parliament , as no small part of them had wrought themselves into that house of commons , and the speaker lenthal with as much weathercock fidelity as rebellion , fear and folly had suggested unto him , ran away to the army , who triumphantly marching in a militrary manner with their cannon and artillery , brought him back again and seated him in his traytors chair , which kind of house of commons being thus tamed , became easily perswaded by a pack of daemons on both sides to make a formal surrender of that which they would call the peoples liberties which could be no more than what was forfeited by treason by them which had rebelled against their king. and where then could remain , lurk or lye hid their so longed after third estateship , when cromwel had over-reached them with an instrument of his own making , and allowed them ( especially when he pulled mr. pryn that had so championed the business as he stuft a large book with arguments to evidence the supremacy of both houses of parliament , when a little before he had written a book of the superiority of the house of peers in parliament , and was little to be pardoned when mr. pryn the barrister wrote against mr. pryn a bencher of lincolns-inn ) therein not their third estateship or any such republican title at all , but in lieu thereof caused some of his janisaries amongst whom was an irish popish priest with his red-coat musket and bandaliers to pull out of that house of commons mr. pryn and divers other of the members , and imprisoned him and some other in a room or alehouse under westminster-hall for a night and some short time after . and without any belief as is probable of sir edward cokes aforesaid new modus tenendi parliamentum made a frame or modus of his own with six knights of every county where there were before but two , and in some boroughs fewer than formerly , and at another time pulled out their members and shut up the house doors , & called our magna charta when it was pleaded magna farta , which was not the method praescribed in sir edward cokes modus which mr. pryn saith would be an absolute or certain way to introduce levelling or a power in the common people , or to aggrandize the power of a contrived parliament to govern the king , when that gentle fictitious modus is content to allow the king , a salvo dom . regi et ejus consilio quod ipsi hujusmodi ordinaciones of . . or . of the committee postquam scripta fuerint examinare & emendare valeant si hoc facere sciant & valeant , ita quod hoc fiat tunc & ibidem in pleno parliamento & de assensu parliamenti , et non retro parliamentum , which last clause saith mr. pryn quite spoils altars , and contradicts what the community of twelve , six or three had ordained . and king edward the confessor whom the many foregoing and after ages have justly and truly reported and esteemed to be neither oliver cromwel or the mistaken sir edward coke with their several modi tenendi parliamenta , did not find either of them in his recherches amongst all the laws of the mulumtians , mercian , saxon and danish laws and other ancient customs used in england in his time when he was monarch thereof , and vicarius summi regis ordained laws concilio baronum angliae & leges annos sopitas excitavit excitatas reparavit reparatas , decoravit decoratas , confirmavis confirmatas vero vocantur leges edwardi regis non quod ipse primo eas adinvenisse dicitur sed cum praetermissa fuissent & oblivioni penitus dedita a diebus avi sui edgari qui annis regnavit , ipse edwardus quia justa erant & honesta a profunda abyssu extravit ( as if he had pulled them out of some holes , vauts or cranyes ) eas revocavit & ut suas observandas contradidit , wherein there is nothing at all that may be subservient to the wildest kind of interpretation of a modus tenendi parliamentum which in the case of so great , rational and fundamental general councel as a parliament could not be beleived to be omitted in the making and framing k. edward the confessors laws , nor can they be conceived or believed to be made at one time but at several times during his raign , and in these although there are extant a very great commendation of the usefulness of the law of friborghs or tithings there is not a word or any thing to be understood of the members of the house of commons in parliament being a third estate . for it appears in anno in a parliament holden at london , the king consulted with the bishops apart , the earls and barons apart , and the abbots and priors apart , about the popes not performing his promise concerning his removal of the grievances of the kingdom ( where were none of the common people either as a third estate or otherwise ) which was before his imprisonment in the th year of his raign by some of his rebellious barons , and in all his raign before there is often mention of his bishops , earls and barons , magnates , and grand conseil , but nothing at all of commons or a formed house of commons until the th year of his raign , and not long before at a parliament assembled totam nobilitatem angliae . for before the year of that kings raign nobiles angliae tam viri ecclesiastici quam seculares , met in a parliament at london , ita quod nunquam tam populosa multitudo ibi antea visa fuit , where the king informing them of his necessities and requiring an aid , they ( not any commons but the lords spiritual and temporal ) began to be very querelous , and remembring old grievances as they called them , demanded the justiciary , chancellor and treasurer might be chosen by the common councel of the kingdom , which by the records and annalists was never understood to be any other than the lords spiritual and temporal in parliament summoned to give their advice to the king as the greatest men of wisdom and estates in whom that and the obedience of the common people were justly included , the choice of which great offices of state ( sir edward cokes modus tenendi parliamentum having not then peeped into the world to help to disturb it ) the lords spiritual and temporal then alledged to appertain unto them , ( not unto the vulgar or common people ) and had been justly and anciently due unto them ab antiquo justum & consuetum which had no longer a date than the enforced charter of king john at running mede , and the collateral strange security at the same time given for the conservators of the liberties of the people , to maintain its antiquity , than something less than years before , which propositions the king denying , that councel was dissolved without any claim of the common peoples third estateship or being an essential or constituent part of the parliament , or to have votum decisivum therein . there was no such modus tenendi senatum or parliamentum then so stiled when the roman empire began its rise , for shortly after though their stile or title was senatus populusque romanus yet their historians tell us that they had their patritii , and menenius agrippa when the rabble vulgus or common people had made an insurrection or mutiny and gone tumultuously into the mount aventine , knew better how to bring them again into their wits by a pleasant well understood fable or apologue of the head members belly and paunch in their bodies natural , and our republican estate men might read and understand that those common peoples votes or dictates were able to reach no further than their plebiscita , and never could arrive unto a senatus consultum , that when julius caesar came into our brittain before the incarnation of our redeemer , and that nation had planted colonies here , they left us no modus tenendi senatum , neither did agricola ( governor here for the roman colonies who had taught our nation the use of the roman gown and civilities ) teach them the modus tenendi parliamentum , or senatum which sir edward coke dreamed of , or inform them that the common people were a third estate , or had an inhaerent soveraignty in them . in all the laws of dunwallo mulumtius there was no mention of law for a modus tenendi parliamentum , or in those of mercia regina britonum , or in the time of the heptarchy of the saxon kings , or of king ethelbert who raigned here in the year after christ . neither in the laws of king ina who raigned in england about the year . or in the laws of king alured who began his raign in anno . and ended in anno . and declares that he had ordained , collected and put them together , atque easdem literis mandavit quorum bonam certe partem majores sui religiose coluerunt , mul●a etiam sibi digna videntur quae sibi observari melius commoda videbantur , ea consulto sapientum partim antiquanda partino innovanda videbantur curavit . at quoniam temeritatis videatur ex suis ipsius decretis quenquam literarum monumentis consignare tum etiam se quidem apud posteros justitiae suae fidem quae se magni fecerit quaecunque in actis inae gentilis sui offae merciorum regis , ethelfredi magni ethelbaldi qui primum anglicos sacro baptismate , tinctus observata digna deprehendit , ea collegit , congessit , reliqua plene omisit . or in any of the books if they were extant said to have been written by that great king , viz. breviarium quoddam collectum ex legibus trojanorum , graecorum britannorum , saxonum & danorum as hath been before mentioned . or in or by the laws of king edward who raigned here in anno . when iis omnibus quae republicae praesunt etiam atque etiam mandavit ut omnibus quoad ejus facere poterint aequos se praebeant judices perinde ut in judiciali libro scriptum habetur ( no warrant yet appearing for a modus tenendi parliamentum , nor a third estate over-ruling or voting their soveraign ) nec quicquam formident , jus commune audacter dicant & litibus singalis dici quibus dijudicantur codicibus statuit . or in the laws of king athelstan who raigned here in the year . the heptarchy being then reduced to its pristine estate of monarchy , or in or by his laws in a councel holden at exeter , or in or by any the laws of king edmond . or in or by any the first written laws said to be of the brittains in the raign of their king howel dha stiled the good , or in or by any the laws of king eldred made in or about the year . or in or by any the laws of king edgar who raigned about the year . and stiled himself favente dei gratia ( not of the people ) totius angliae rex & imperator , as he might well do when he was rowed in a ship or barge upon the river dee in wales by four of his tributary kings . or by king edward made in or about the year . in the senatus consultum , league or agreement made betwixt him and the monticuli — walliae angliae sapientum and walliae consiliis . or in the pact or agreement made betwixt king edmond ironside and canutes the dane , when they were perswaded to spare the dire effect of a bloody battle and leave the ●vent unto a personal combate betwixt the king and his danish competitor in the view of both armies , whereupon they both being ferried over into the near isle of alney , the strong ironside so wearied and almost vanquished the dane , as he willingly agreed to be content with the moity of the kingdom . neither doth there any thing appear in or by the laws of our king canutus who raigned here about the year . ex sapientum consilio . or in or by any the laws or constitutions of william the conqueror , or any of our succeedings kings or princes . and the late new framers of new governments calculated for the meridian of their own profit and ambitious , factious designs , might have better informed themselves by the reading those mischievous provisions imposed at a parliament at oxford upon king henry the third and his son prince edward , which being afterwards by the king and the contending barons referred to the arbitration of the king of france , a not long before enemy enough of king henry the third with an engagement on both sides upon oath to abide by his award , those provisions were upon a full hearing before that king and his great councel the parliament at paris in the presence of all the contending parties adjudged to be null and void as derogatory to kingly government , as hath been here before expressed , that although in those provisions there was another solemn jury impannelled in every county to enquire and certify all and every the supposed breaches of liberties and their verdict under their hands and seals were returned into the court of chancery , there is nothing to be found of the contents or complaints expected , and that there being by those provisions to be parliaments in every year , one at michaelmas , or at candlemas , and a third at the first of june , and to represent the common people were to be elected by the barons , and they that were chosen were none other than bishops and barons and the hautes homes , so small was then the trust in the vulgus or common people , and so nothing at all either in behalf or consideration of modus tenendi parliamentum or a third estate or soveraignty in the people , or can any rationally beleive that the clerks in the house of peers ( which is the highest court of record under their soveraign , and the house of commons none , but often supplicating the other to record and inrol their special matters and protestations , and in the parliament of r. . when the five great lords appealed five other as big as they of high treason , and throwing down their gauntlets with armies ready to attend their purposes , and the bishops had made their protestation and forsook their places , ) might not by a facile inadvertency have suffer'd the word estates to have crept under their pens , and be a means of procreating some of the like unfortunate errors , yet were they now amongst the living and examined , they would swear they intended none other than the lords spiritual and temporal , but subordinate to the king , especially when the whole tenor and current of our multitudes of acts of parliament , except those few of richard the . that murdered his nephew the young king to get into his throne by flattering the people , and calling them estates , seem to have no acquaintance with that since misused word or expression , as some have done by saying when he came once to sit in chancery the king can do no wrong . and it might be more marvellous than the seven wonders of england that so great an elevation and belief should be in that mistaken part of parliament , ( when in the storm and tide of a faction and sedition driving on a horrid rebellion in order to the murder of their king they had in their more than pharisaical fastings and prayers with protestations to make him a glorious king put him into insufferable fetters as it were of iron ) as to impose upon him in the th year of his raign to put the power of summoning the parliament once in every three years , if he should omit it , to the lord chancellor or keeper of the great seal under severe penalties upon their oaths at a certain praefixation of time , and upon his failing to any twelve or more of the house of peers , and every house might choose their own speaker , and administer the oaths of allegiance and supremacy to their members , and that therein should be omitted the title of estates or some other character of grandetza , if it had at all been justly due unto them . when in december the house of commons in parliament by a remonstrance made unto king james ( not being able to shew any good law or reason to the contrary ) did declare that they did not assume to themselves any power to determine of religion or war , nor did intend to intrude or encroach upon the sacred bounds of his royal majesty , to whom only they acknowledged it did belong to resolve of peace and war , and the marriage of the most noble prince his son. but as his loyal and humble subjects representing the whole commons of the kingdom ( who had a large interest in the happy and prosperous estate of his majesty the church and commonwealth did resolve out of their care and fear truly and plainly to demonstrate those things unto his majesty , which they were not assured , could otherwise come so fully and clearly unto his knowledge without expectation of any other answer of his majesty concerning those higher points , than what at his good pleasure , and in his own time should be held fit . and in that great ambition and insatiable thirst of liberties and priviledges improperly tumbled and tossed one upon another , whereby the subjects of england have for so many ages and centuries past turmoiled and troubled their kings and princes with seditions and rebellions , and ruined themselves and their families , a more than ordinary care and heed ought to be taken , as very necessary requisites thereunto , tam per acquirentem quam concedentem , saith the very learned reynoldus curick . . reynoldus curick , ne contra jus divinum positivum & morale in ejusque abolitionem quicquam indulgeat vel largiatur . . ne contra jura naturalia & gentium . . ne per concessionem privilegiorum leges fundamentales infringat inprimis juratas quia enim leges fundamentales sint quasi anmia & nervi reipublicae , & necesse est iis sublatis rempublicam corruere . . ne per privilegium quicquam in praejudicium reipublice alienetur which our laws have heretofore taken an especial care to prevent in the not granting by our kings and princes any fair or market without an enquiry first had certified by a writ of ad quod dampnum in the negative . . ne privilegium vergat contra utilitatem publicam . . ne privilegium in praejudicium damnum vel injuriam tertii vergat . . ne prvilegium nimiam inequalitatem inter subditos importat aut exemptionem aut immunitatem a muneribus ordinariis peculiarem , which in our laws are to be granted to men above years of age not to be impannelled on a jury . . ne super lite pendente nec contra rem judicatum privilegium ullum detur , taliter enim privilegium datum nullum est . . ne per privilegium monopolium constituetur quippe legibus aliis antiquis & novis damnatum ac sua natura omnibus merito exosum . . ne per privilegium sontes a paenis promeritis eximantur . . ut privilegia sint rara potius quam nimia quae perinde ac multa leges vitandae sunt . ex privilegiorum nimietate omnes illi privilegiorum abusus resultant & realia dum per familias & successiones traduntur paulatim eo tendunt ut principem non agnoscant nullaque in re obtemperent personalia minus quidem diuturne sunt sed multitudine vilescunt . et in quos nimia congeruntur fere praecipitant maleque sua opprimunt renumerativa sunt quamvis minus sunt invidiosa ingratos tamen & superbos efficiunt conventionalia venditioni propria sunt , nec in beneficio ponunt etiam quae parvo sunt precio compararunt uti scribit adam contzen . lib. . polit . ca. . & . nulla magis re quam privilegiis contra dominos servi , contra patronos invalescunt clientes , nec dicere timuit omnium quae a ducentis annis quae principatus germaniae civitatesque concusserunt seditionum originem a privilegiis multis magnisque manasse ; hinc fredericus mindanus l. . de mand . ca. . n. . exclamat utinam divi mortalium , opt. max. imperatoris nostri non nimium privilegiorum indulsissent vel concessissent , hac enim via tota italia , polonia , & aliae potentissimae provinciae imperii romani fraenam excusserunt ut itaque omne incommodum evitetur adsit modus qui si absit . vertitur liberalitas in exitium tacitus lib. . historium . requiritur etiam ex parte acquirentis . . ne per fraudem aut mendacium privilegium impotest . . ne per vim aut metum . . ut virtute potius meritisque quam nuda pecunia privilegia acquirantur . . ut quamvis ad privilegium alicujus acquisitionem regulariter citatio non requiratur , si tamen privilegium illud vergat in praejudicium tertii simile privilegium quocunque modo habentis is de cujus praejudicio agitur adcibetur . . ut privilegium adversus aliquem obtentum legitime eidem et judici ordinario istius loco insinuetur . . ut in scripto vel instrumento privilegium obtineatur . . ne impetrentur privilegia obscura . . ne pecantur privilegia ludicra inepta et ignominiosa aut am antea jure communi concessa . . ut privilegia impetrata bene quoque sint clausulata . . ne privilegia quae petuntur sint de genere prohibitorum nec ambitiosa . and as to the end of priviledges they ought to be , . bonum publicum . . decus & gloria principis . . stricti juris temperamentum . . meritorum aeque recompensatio & ad bene agendum invitatio . . dignitatum , ordinum et munerum publicorum conservatio . . personarum et rerum secundum omnes circumstantias justus respectus . as to the effect of priviledges . . quod idem operentur atque lex et jus commune . . idem operatur quod consuetudo vel statutum . . potentius est jure communi . . fortius operatur quam pactum . . immunitatem a muneribus personalibus et civilibus praestant , as in our laws the kings protections of his servants do operate . all which requisites in the pretended obtainers will not be warranted by the invitation of the rebel brethren of scotland , or by their treaty with the blessed martyr at rippen when he was so necessitated , or by the long lasting rebellion of the english parliament joining with them and obtaining their help , or by the many underminings of monarchy , and pretending false priviledges , or the murder of him afterwards , when he was at his arraignment told by that impudent rebel bradshaw ( not then stiling them a third estate ) bidding his soveraign hold his peace , for that the vote of the house of commons was the reason of the kingdom . when it ought every where to be acknowledged by the rules of reason and truth that privilegia are so called a privando leges , and it should alwaies be believed that peccandi potentia non est libertas , neque pars libertatis est indubitata doctrina . et quae omnium pene graviorum authorum suffragio nititur hanc habet expresse d. bonaventure in distinct . q. . nec habet tantum sed probat plurimis rationibus hanc tradit d. augustinus lib. de arbitr . cap. . ubi docet peccandi potentiam non modo non esse libertatem nec partem libertatis sed esse defectum ejus , et dixit d. tho. qui. . p. . quest. dixit angelos quia peccare non possunt liberiores esse nobis qui pecca e possunt . and cicero defineth liberty to be potestas vivendi ut velint at non vivit ut velit , qui juxta sensus carnis suae & cupiditatis , sed is solummodo qui vivit juxta rationem ; plutarchus & epictetus eandem libertatis definitionem nobis dederunt , not that liberum esse debet dici cui nec impedimentum praeberi possit volenti , nec vis inferri volenti , but if none of the fancied vast liberties which the too many of our state or government menders would entitle their own evil designs , and entail upon all that shall be so foolishly wicked as to be deluded by them ; and the costly searches of mr. william pettit amounting by his own report unto more than five hundred pounds in all that could be found in any the books and manuscripts publick or private of england , cannot reach or come so near as unto a probability that there ever were in the brittish , roman , saxon , danish or norman raigns of our kings and princes , and their many royal successors ever since or long before that , since the creation of the world either in parliament , or without any mention of a third estate inherent in the people , and they must be content to go a begging for a belief in some lately discovered island , where they may dream any such stuff may be sound either as their modus tenendi parliamentum or a third estate , as subjects at the same time governing their kings and princes , when by their oaths of allegiance and supremacy , they are bound alwaies to be obedient unto them as ( next under god ) their supremehead and governor . and may curse their fate that every thing their scrutinies can assist them with , should not with wresting , wringing and false and senseless interpretations appear at all to be for their purposes , but every thing clearly against them , and sorrowfully repent that they or their predecessors had so unhappily busied themselves in destroying so many props of the monarchick government , as the court of star chamber wherein did sometimes sit as judges , the lord chancellor , lord treasurer , and the chief judges of both the benches and the barons of the exchequer the archbishop of canterbury , and divers of the kings privy council , who as judges in seveveral courts did sit there upon special occasions , and the procuring the king to take away the high commission court in their miscarried designs of levelling the hierarchy and order of bishops ; the want of which two very necessary and useful courts hath suffred the nation to be overflown with all manner of wickedness and impiety . and in that their over-hasty carreer of breaking our english monarchy like a glass into many small or little peices needed not to have been so hasty but have paused a little while & have considered , that as unto the circumstances of time , place , number of persons , usages and customs in a variety of contingencies , being the only ancient , proper and efficient cause of summoning parliaments , adjorning or dissolving them , there could not be a probability of a modus tenendi parliamentum either in king edward the confessors raign , or before or after , for that our parliament rolls and records do una voce plainly declare against it , and shew that many times parliaments have been holden in the absence of our kings by the prince his eldest son , or by some other of their sons as lieutenants or guardians of their kingdom , or by the queen mother assisted by the kings justitary or other commissioners , during the imprisonment of king richard the first , or by the queen consort of king john in his absence , or by king henry the th in his usurpation upon king richard the second , when he unjustly made use of a parliament summoned by him ; and there could not be a third estate in the raign of king charles the second when he had as aforesaid so unfortunately been ill advised to exchange the nerves , sinews , strength and honour of his crown and government for a mistaken recompence of an excise upon ale , beer , and syder , and then there were but two estates , viz. the lords spiritual and temporal subordinate unto their soveraign , and it would be a difficulty insuperable to find any truth , reason , evidence , probability or possibility that there is or ought to be a soveraignty inhaerent in the people , or if such improbabilities were or could be , what method or contenting equal distribution could be made thereof , amongst learned and unlearned , ambitious , rich , and poor , rude , ignorant , or better tempered vicious or virtuous women and children or fooles , madmen in their intervals or without , when some have not improbably calculated the number of the kings subjects in england only to be not much under five millions , besides these vast numbers in scotland and ireland ; and who upon any or many discords like to happen should be the pacifying reconciler , justiciary or umpire betwixt them , and what charters , agreements or surrenders should be contrived or put in writing betwixt them , concerning the right use or distribution of that never to be proved inhaerent soveraignty in the people taking as subjects the oaths of allegiance and supremacy , or that ever it was attempted before our english rebellions either in england , scotland or ireland , or can they give us any reason or demonstration that it was ever allowed of , or that any pact or agreement was made to confirm it . neither is there any modus tenendi parliamentum , or any such thing or matter as a three governing estate in the solemn recognition made in a parliament at clarenden in the raign of king henry the second of the anitae consuetudines or laws used in the time or raign of his grand-father king henry the first , which the archbishops and bishops verbo veritatis sine dolo , & malo ing nio promised faithfully to obey , and the earls and barons likewise . and will be a priviledge never taught to the athenians ( sometimes the wiser part of greece by their great legislator solon , who after he had made them some laws feigned a voyage or journey to salamia , and caused them to swear to observe them until his return and absented himself the longer because he would not have them break them , as pisistratus the tyrant did afterwards to his own advantage perswade them to do ; the spartans under their great legislator lycurgus and the many other little commonwealths of achaia first fooled by philip of macedon , afterwards by alexander the great his son , who conquered all that part of the world but diogenes the philosopher in his tub , now all into slavery the ottoman empire , had long before better business to trouble their heads with than the fond imagination of a soveraignty inhaerent in themselves , although one of their most ●acred laws in their ten tables was , slus populi sit suprema lex ne quid detrimenti res publica capiat , neither did the romans those cordatissimi mortales , ( as the learned pettus cunaeus hath stiled them ) and most watchful of their priviledges , the wary long lasting republick of venice or the later confederates of the united provinces ever trouble themselves or any other with such reasonless incredible whimsies , it being impossible that subject and soveraignty should constare vel consistere in uno eodenque subjecto . neither when jeroboam drew away the ten tribes of israel from the obedience of rehoboam , and made as the holy scripture saith all israel to sin , was there any such opinion amongst their cabalistical doctrines ? the republicks of venice & holland could not be capable of leagues and treaties with monarch and forreign princes as unto war and commerce , nor the little common-wealths of genoa and geneva , or those many imperial free cities or towns in or near germany , or the electors of the empire or the hanse towns , should they give entertainment unto such fancies and fopperies as a soveraignty in the people , neither would the cantons of of helvetia or switzerland think themselves well used to be obliged to such a parcel of unpracticable folly . and if those egregious cavillators can find no way of retreat for those their notorious follies but to fly for succour unto praescription , that will ( if they could as they will never be able to prove it ( yeild them as little comfort for a rebellious electing of some few members into the house of commons first formed as unto a small number of them during the imprisonment of king henry the third by montforts army of rebels that would not mount unto a prescription quia mala fide , and if it could have come up to any thing like a prescription , there would be no reason or need for an election of members to be in the house of commons in parliament by the sheriffs by the mandate or warrant of the kings writs , or how could a party drawn out of such a pretended inhaerent soveraignty in the people , rationally subsist when those their untruly supposed rights or priviledges cannot upon the most exact enquiry be found or discerned amongst all the records , charters and patents of our kings and princes , or those of any of our neighbour nations of christendom , or of any other nation , white , black , or tawncy , but do plainly contradict it and declare the quite contrary , and will manifest it , to be the greatest cheat and villany that ever was put upon the sons and daughters of mankind either as unto a pretended inhaerent soveraignty or a third estate , or the figment of a modus tenendi parliamentum . or how could any of our kings rightly and justly stile them a third estate when they could not choose a speaker without their license , nor leavy their wages without his writs directed to the sheriffs for that purpose , nor punish any that had arrested any of them or their maenial servants whilst they attended the king in their service for him and their own good , and at all conferences either in their own house or in the house of peers were to stand uncovered when the lords sate covered , could not grant tax or aid without the consent of the lords spiritual and temporal , and in king edward . his raign and some of our after kings have refused to intermeddle or give advice in matters of peace and war , but desired that the councel of the lords as the most able might be taken therein . in the , and . h. . the knights and burgesses of chester had no title of estates , but the same king in the act of parliament declaring in what order and manner the lords should sit in the house of peers in parliament , made no appointment for or concerning any of the house of commons , as if they had been no essential part of parliament , & that in the great case of mr. george ferrars a member of the house of commons as wel as a servant of that kings upon a complaint that he had been imprisoned , and the kings serjeant at arms attending their speaker , was beaten and abused the house of commons in parliament complained to the house of lords who remitted it to them again , and no remedy or punishment could be had until it came to the king himself , who without any mention or title given unto them of a third estateship was pleased to grant it . and in queen maries raign . of their members were indicted by her for not attending the parliament , yet none either claimed a third estateship or to be tryed by their peers . queen elizabeth imprisoned some , and at several times charged them and their speaker not to intermeddle with matters of church or state , but all the masters of any understanding , reason or common sense ought to understand them to be no other than petitioners and her leige-men . and it is well known that king james in his instructions to his son prince henry , and his learned answer to cardinal peronius does assert the jus regium to be the right of kings from god immediately , without any notice taken of a third estate . but if those kingly government or monarchy reformers would but give their contemplations and designs some little respite , they might easily perceive the frailty of the materials out of which they mould would the members of the house of commons into a third estate , and might find evidenee , records , reason and law enough if they have not forsworn them to desist from such an impossibility . and it might better become their own busying themselves in the government of the kingdom , wherein they have no manner of skill or knowledge ( to consult the consequences and the events , and having no knowledge of the causes , mediume , contengencies or treacheries too much or too often attendant in princes affairs not seldom also miscarrying for the sins of the people , or of some jonas in the ship deserving a punishment , ) ought more seriously to weigh and consider how little the people of england will think themselves hereafter beholding or obliged unto them , when in a popular and aboundance of ignorance accompanied with sin and wiekedness they advised king charles the second to dissolve by act of parliament these nerves and sinews of the crown , which the judges of england in the raigns of king james the first and king charles the first upon several consults have declared to be so inseparable to the crown of england as the most potent and binding act of parliament that could be made will never be able to disunite them ; when they have thereby against their wills converted those tenures of honour and safety to their king , and protection , peace and plenty to his people , and the releifs and herriots due and payable to the king , into a chimney-money granted afterwards by another act of parliament , and what a profitable bargain they have made by forfeiture of all the lands which they held by and under their feudal laws converted into socage , when by a law made by king athelstan ever plow land in socage was to find in service upon occasion of war binos ornatos atque instructos equites , when by converting all the tenures in capite ( that of the peers and grand serjeants excepted ) into socage they have given the king a greater revenue than they intended far exceeding the revenue of the tenures in capite , ( the honour of the king and safety of himself and the people excepted . and that in those early times none were imployed in commissions or places of trust by our kings and their laws but knights holding by tenure in capite immediately , or mediately that king henry the d in some of his laws declared none to be liberi homines but those that were military , and that if the socage men or tenants of all the possessors of lands , and tenements now in england and ireland must be in no better a capacity than as villani , servi , bordarii , cotarii , and tenants at will under domineering landlords and be shut out of the blessings of our magna carta and carta de foresta , and left as the people were in the raign of william the conqueror , william rufus and henry the first to the dire punishments ( cases of treason and felony only excepted ) of plucking out of eyes and cutting off the genitals legs or noses of the offenders . and it might be a meet question among the heralds upon what foundation more than knights baronets do now stand seeing that ireland is turnd into a socage tenure , when the first original of them was to find in capite so many men at arms in the kings service . and having with the prophet jeremy called , cried out and advised many of my friends stare super vias antiquds & inquirere veritatem , i lament and bewail that the monarchy of england that for more than years last past hath been so great & glorious amongst her neighbour nations , and hath in this our last century of years been so unhappy ever since the beginning of the raign of king john , when hubert archbishop of canterbury had in his oration at the coronation of that infortunate king declared to the nobility and people there assembled that he was created king by the election of the people and being reprehended and blamed for it by some of the nobility , was at that instant or before that assembly forced to excuse that inadvised speech as well as he could by saying he had so done it as knowing his force , nature it might induce him to govern the more orderly , although he might have known that the kingdom of england was hereditary and that king richard the first had by his last will and testament devised it unto him with all other his dominions , and caused the nobility there present to swear fealty unto him . which poyson so thrown into our body politick , and by degrees creeping into it may well be believed to have so fixed the venom thereof as it hath from age to age been the original cause and fomenter of the very many mischiefs and discords ( some intervals of quiet intervening ) that have until the late long parliament rebellion and the murder of king charles the first and ever since unto this very day by those unhappy discords hapned in our parliaments general consiliums colloquiums or conferences betwixt our kings and princes , and a select number of his subjects for mutual aids in a general and reciprocal concernment the best and most happy constitution that ever was or could be practised in any kingdom if it could have escaped that series malorum concatenation of discords that have of late been too often their concomitants either by some aversions to loyalty , or by the grand mistakes in the practise thereof , and by the common people making the parliaments of later times to be as their king , and he that is and should be their king little more than an extraordinary fellow subject . a right observation and accompt whereof may from one unto the other lead us to the late blessed martyrs fatal murther , and that pestiferous doctrine that did over much intice the vulgus and ignorant part of the people , that there is and ought to be an inhaerent right of soveraignty in the people , it being not unuseful for after ages to know and understand the same with the beginnings and progress thereof , which for ought appears had its first original from thomas becket . archbishop of canterbury , who had in the troublesome raign of king henry the second , and at the time of the making the assise and constitutions at clarendon , such a peevish ambition and unwarrantable loftiness of spirit as after the king had in the presence of the said archbishop and all the bishops , earls , and barons of england received their recognitions and promises to perform and obey them , they were sent unto the pope to have his approbation , who returned them to some with an hoc damnavit & toleravit as unto others . and stephen langton archbishop of canterbury promoted by the pope against the will of king john , discovering as a singular rarity the charter of the liberties granted by king henry the first , did so please some discontented barons as they swore upon the altar they would live and dye in the obtaining those beneficial laws and liberties , begot a spirit of unquietness in them , which could not be allayed until the said avitae consuetudines recognized and all ratified by king henry the second his his grandson by the constitions ●at ●arendon , which begetting some little quiet broke out again in a worse manner upon his son king john in the constraint and unkingly force put upon him at running mede , where those tumultuous barons w 〈…〉 a great army in battel array the better to attain their said charter of liberties had promised to pay debts but never intended it . and were so faithless and unwilling to be his subjects as what they by force extorted from that oppressed prince could never truly and properly merit the name or title of a charter , although he himself had been constrained so to call it , and the king of france in his exception to his award made as aforesaid many years after had so stiled it , yet those undutiful doings of theirs were disliked by divers of the bishops that had been the popes and those rebellious barons favourites who it seems did so little intend what they ought to do and undertook as some of the bishops could not deny to certify as followeth . omnibus episc. sidelibus stephanus de igra . cant. archiep. primas , & sanctae romanae ecclesiae card. henr. dublin . archieq . will. london , petrus winton , joscelin . bathon . & glaston . hugo lincoln . walter . wigorn. will. coventr . richardus cicestr . & magister pond domini papae subdiaconus & familiaris , salutem , noverit universitas vestra quod quando facta fuit pax inter donum regem johannem & barones angliae de discordia inter eas orta , lidem barones nobis presentibus & audientibus promiserunt dom . regi quod quamcunque securitatem haberi vellet ab iis pace illa observanda ipsi ei habere facerent praeter castella & obsides ( they having forced him to grant them castles as pledges ( postea vero quando dom . rex petit ab iis ut talem cartem ei facerent omnibus &c. sciatis nos astricto esse per sacramentum & homagium dom . nostro johanni regi anglae de fide ei servanda de vita & membris & terreno honore suo contra omnes homines qui vivere possint & mori , et ad jura sua & & heredum suorum ad regnum suum custodiend . & defendend . ipsi ei facere nollent , et in hujus rei testimonium id ipsum per hoc scriptum protestamur . although he had been so careful and willing to perform the agreement made with them on his part as he directed his writs unto his subjects in every county in the words following , viz. rex , &c. vic . forestar . viridar . custodibus ripariorum & omnibus ballivis suis in eodem com. saltem , sciatis pacem f●●niam esse reformatam per dei gratiam inter nos barones & liberos homines regni nostri sicut audire poteritis , et inde per cartam nostram quam inde fieri fecerimus , quam etiam legi publice preceperimus per totam ballivam vestram & firmiter tenendi volentes , & districte praecipientes quod tu vic omnes de balliva tua secundum formam cartae praedictae jurare facias baronibus de quibus mentio fit in carta praedicta ad mandatum eorundem vel majoris partis eorum ipsis vel ad quos ad hoc attornaverint per literas suas patentes , et ad diem & locum quos ad hoc faciendum providerint praedicti barons vel attornati ab eis ad hoc volumus etiam & praecipimus quod milites de com. tuo qui eligentur de ipso com. vestri primo com. qui tenebatur post susceptione lite rarum istarum in partibus tuis de inquirendis pravas consuetudines tam de vic . quam de eorum ministris . forestis , forestariis , warrennis , viridariis & eorum custodibus & eis delendis sicut in ipsa carta continetur , vos igitur omnes sicut nos & honorem nostrum diligitis & pacem regni nostri omnia in carta contenta inviolabiliter observatis & ab omnibus observi faciatis , ne pro defectu vestrum aut per excessum nostrum pacem regni nostri , quod dominus avertat , iterum turbari contingat , et tu vic . pacem nostram per totam ballivam tuam proclamari facias & firmiter teneri praecipias et in hujus &c. vobis mittimus teste me ipso apud runnimed . die lunii anno regni nostro . and a charter thus gained and forced by rebels not designed and desired by the king for ought appears and infringed only notwithstanding by the rebels themselves came after to be so little valued or esteemed to be valid or worthy of a confirmation , by any parliament or approbation of any of our kings or princes in their very many parliaments ever since , as that of magna charta made in the th year of the raign of king henry the granting those many liberties of the people of england , hath been times confirmed , and that of his father king john being after in that grand and dire anathemation in the later end of the raign of king henry the third enforced upon him was only read before them unto him , and was in that our late rebellious parliament by the agitators in annis & caroli not so much as taken notice of , but altogether ecclipsed and silenced as a charter not deserving a recommendation to posterity . king richard the second , ( henry the fourth having succeeded and deposed him ) after his said deposition was only stiled chevalier , as the record following will mention . inter fines levatos tempore henr. in com. not. inter alia sic continetur ut sequitur . haec est finalis concordia factu in cur . dom. reg. ( h. . ) apud westm. a die sci . martini in quindecim dies an reg dom. regis angliae & franciae primo coram willo . thirning , willielmo rickhill , johanne markham , willielmo hankford ( it being that william hankford or william thirning that notwithstanding their own rebellions , could in some of the reports or year books of that kings raign adventure to say that the laws were never better administred then at that time ) & willielmo brenkslie justic. et postea a die paschae in quindecim dies anno regni ejusdem regis henrici quarto ibidem conces . & concordat . fuit coram eisdem justic. & aliis domini regis sidelibus tunc ibi praesentibus , inter thomam rempson quer & richardum nup. regen angliae chivaler defercient de maneriis de bingham , clipston o the hill juxta plumton cum pertinentiis ac . messuag . . virgat . terrae , . acr. prati & s. reddit . cum pertinentiis in clipston o the hill juxta plumton , codgrave kynalton outhorp & newton , 〈…〉 t de advocatione de bingham unde placitum praedictum scilicet quod praedict . nuper rex recogn . praedict . maneria esse jus ipsius thomae habend . & tenendi dicto thomae & haered de corpore suo de dominis feodi illius per servitia quae ad advocationem praedict . pertinent in perpetuum , &c. et pro hoc recogn , &c. idem thomas dedit praedicto nuper regi quingentas martas argenti . after the troubles of which king henry the fourths usurpation , followed the conquest of france by king henry the th his son , and the troublesome raign of king henry the th reviving again the rebellion of jack cade , managed for the interest and by the design of the house and family of york , begun again to wake the long before laid to sleep conservatorship of liberties , which must be saith mr. pryn of of the nobility , . of the commons , and so from one unto another , until the conservatorship of the liberties of the people came to take its rest in the house and family of york , that was in deed the right heir of the crown of england , and the kings thereof , the givers and protectors of the liberties of the people , which king edward . well understood when he told sir james strangwaies the speaker of the house of commons in parliament in these words following , viz. james strangwaies , and ye that be come from the commons of this my land for the true hearts and tender consideration they have had to my right and title , that i and my ancestors have had to the crown of this realm , the which from us hath been long withheld , and now thanked be almighty god of whose grace growteh all victory by your true hearts and great assistance , i am restored to that that is my right and title ; wherefore i thank you as heartily as i can , and for the tender and true hearts ye have shewed unto me , and that ye have tenderly had in remembrance the correction of the horrible murder , and cruel death of my lord and father , my brother rutland , and my cosen of salisbury and others ; and i thank you right heartily , and i shall be unto you by the grace of almighty god , as good and gracious a soveraign lord as ever was any my noble progenitors to their subjects and leigement , and for the faithful and loving hearts and also the great labour that you have born and sustained towards me in the recovering of my right and title which i now possess . i thank god with all my heart , and if i had any better to reward you withal than my body , you should have it , the which shall alwaies be ready for your defence , neither sparing nor letting for no jeopardy ; praying you also of your hearty assistance and continuance as i shall be unto you very righteous and loving leige lord. and the bloody wars betwixt the two great contending families of york and lancaster , those factions tired on both sides , and the attainders and confiscations on both sides , in the raign of king edward the fourth , with the marriage of king henry the seventh , with the daughter and heir of king edward the fourth , his two sons being murdered by their uncle richard the third , who died without issue , and king henry the eight his quarrelling with the pope , and confiscating the monasteries and abbies , gratifying many of the nobility with much of their lands , and much obliging them thereby , and enriching many of the tenents and making them and their families to be gentlemen that durst not own or approach that title before , and the short raigns of king edward . and q mary busied by the one in the setting up of the protestant religion , and the other in reducing popery to its former station , gave a long tranquility from state disturbances augmented by q. elizabeths years glorious & peaceable raign , not only in the propagation & defence of it here , but in many other parts of christendom , and gave a peaceable entrance to king james her next heir and successor , who met with two grand assaults of treason , the one of sr. walter rawleigh , and others , who fetching that lawless doctrine and peice of law some hundreds of years before set up , that allegiance is due to the crown , and not to the person of the king , long before condemned in parliament in the example of hugh le despencer , in the raign of king edward the third , and the other being the gunpowder treason , was miraculously discover ed almost , in the very instant of executing thereof , and although villainously wicked and horrid fell much short of our last long rebellion both as unto the length of time and hypocrisy , shedding of blood , massacres , abuse of god and the holy scriptures , and the levelling and utter destruction of a most ancient and glorious monarchy . king james in the th year of his raign over england departing this life not by taking an ill advised medicine , to expel an ague , as was villainously reported , but upon a careful examination could never be proved to have been other than innocent , though recommended by the earl of warwick then as it after appeared none of our monarchy favorites , king charles the first his son succeeding shortly after , espoused the lady henrietta mary daughter of henry the fourth king of france made a league offensive and defensive with the states of the united provinces , and besides two well exercised regiments under english commanders paid by the dutch , sent unto them four gallant regiments more under the several commands of the earls of oxford , essex and southampton , and lord willoughby of eresby , and a well rig'd and furnished fleet against the king of spain landed at cales , whence without doing the business designed they returned home ; the duke of buckingham and the earl of bristol in the mean time accusing in parliament each other of treason and misdemeanors , acted whilst the king as prince was in spain the one for the promoting the marriage with the infanta of spain , the other for hindering of it , whereupon followed the imprisonment of the earl of bristol in the to wer of london ; and the king being put to great charges in his sending embassadors and mediation in the obtaining a considerable part of the last palatinate to be restored to his brother in law , and to be made an eighth elector to be joyned with the former seven , and with the yearly payment of giving great pensions to the distressed king and queen of bohemia his four nephews and two neices , under the burden of great debts and necessities much augmented by the costly furnishing out a fleet of ships , and a gallant army to invade the isle of ree in france , to divert the king of france from subduing of rochel the inhabitants whereof had supplicated him for aid , which produced none other effect but the loss of all his hopes therein by the ill conduct of the admiral to the loss of some gallant men , yet was so unwilling to forsake those oppressed protestants , as he after sent two if not three other fleets strongly furnished ships with men , arms and ammunition to relieve them under more skilful commanders , who endeavouring all that men could do , were constrained to return home and leave those protestants to the over-powering forces by land of the king of france and in the midst of his own pressures and great wants of money , having no more of his own royal revenue to support these expences than about l. sterling per annum for his revenue , much whereof by the usual lickings and cheats of his trustees , officers and receivers could never find the way to his coffers . and had been so incessant in his desires to help those oppressed protestants of france as to procure money to assist them in that his last attempt , he sending to the citizens of london to lend him l. they answered they could not for that they had heretofore lent unto his father king james as much upon privy seals which had not been yet repaid , ( although it was but lent by several citizens to make up that some of money ( but if his majesty would give them a security by some of his own revenues in land to pay the first hundred thousand pounds with interest for it , they would lend him another hundred thousand pounds , and the particular mens names that lent the moneys to make up the first pounds were expressed in a schedule , which done , as will appear by the said schedule which i have seen l. per annum of old rents of assise in richmondshire , or in the county of york , were by the king conveyed and granted absolutely unto some citizens in trust for the city of london for the payment of the said two hundred thousand pounds with the interest as aforesaid for the said one hundred thousand pounds lent unto king james , the wood and timber only growing thereupon amounting unto as much as the aforesaid sums of money lent with the interest , which over-profitable bargain made by the city of london for themselves they with a parcel of conscience ( not of god ) did treat with the particular lenders of the money to king james , and for ten l. or a very little in every hundred comed and took up their privy seals , but were unwilling to trouble the king with the thought●s thereof to the damage of him and disherision of the crown of england , and being taken notice of and complained of , a commission was granted unto the lord ottington , sir henry vane , and sir charles harbord the kings surveyor to enquire thereof and certify the king thereof , wherein they were so kind hearted , and the matters so managed , as no●hing more was heard thereof , but the city of london continueth in possession of the said manors and lands , or have spent the same in assisting the late horrid rebellion against him and together with it the cityorphans mony , for which it hath been reported they are willing to pay them by composition after the rate of d per. ponnd , caused a bill to be exhibited by his attorney general in his court of starr chamber against john earl of clare , and mr. selden for having only in their custody two books or manuscripts directed unto him by sir robert dudley an englishman living in florence , and stiling himself a titular duke of that countrey , endeavouring to instruct him in the method of raising money by a tax upon all the paper and parchment to be used in england , caused sir giles allington to be fined in the high commission court for incest and the lord audley earl of castlehaven to be arraigned in the court of kings bench for sodomy , whereupon after tryal by his peers he was condemned and beheaded , suffered a great arcanum imperii in his praerogative in taxing or requiring an aid of ship money , or for setting out a navy of ships when the kingdom was in danger , to be disputed in the exchecquer chamber by lawyers and judges ( which king henry the fourth of france by a constant rule in state policy would never yeild to have done , imitated by queen elizabeth who in some of her charters or letters patents as unto martin forbisher a great sea-captain declared de qua disputari nolumus ) upon the case or question of s. charged upon mr. hamdens estate in buckinghamshire of l. p. annum wherein all that could be raked out of or by the records of this kingdom was put together by mr. oliver st. john , and mr. robert holborn , theformer being after made cheif justice of the court of common pleas by hambden and the rebel party , and the later taking arms for the king faithfully adhered unto him , whereupon that cause coming to be heard , & all that could be argued for the not paying or paying of it , of twelve judges that carefully considered the arguments , and gave their opinions , there were ten concurred in giving judgment for the king , and only two , viz. justice hatton , and justice crooke , who having before under their hands concurred with all the other , and suffered their subscriptions to be publickly inrolled in their several courts at westminster , could find the way to be over-instrumental in setting our troy town all in flames whilst that pious prince being overburdened with his own more than common necessities did not omit any part of the office of a parens patriae , but taking more care for his people than for himself ( too many of whom proved basely and wickedly ingrateful ) called to accompt lionel cranfield whom he had made earl of middlesex , and lord treasurer of england , fined him in vast sums of money , ordered him during his life never more to sit in the house of peers in parliament , received a considerable part of his fine , and acquitted him of the residue . and being desirous as his father was to unite the kingdom of scotland in their reformed religion , as the more happy church of england was both as unto episcopacy and its liturgy , that attempt so failed his expectation , as a mutiny hapned in the cathedral church of edenburgh , and an old wife sitting upon a stool or crock , crying out that she smelt a pape at her arse , threw it at the ministers head , whereupon a great mutiny began , and after that an insurrection , which to pacify the king , raised a gallant army of gentry and nobility , with all manner of warlike provision , and marched unto the borders , but found them so ill provided for defence as they appeared despicable , yet the almost numberless treacheries fatally encompassing that pious king persuading him not to beat or vanquish them when he might so easily have done it , he returned home disbanding his army , and a close favourite of scotland , was after sent to pacify them , but left them far more unruly than before , shortly after which , philip nye a factious minister that should have been of the church of england , but was not , with some other as wicked persons were from england delegated to scotland , to make a co●enant of brotherly rebellion against the king , and accordingly the scots being well assured , that their confederates in england would not hurt them , marched into england with a ragged army with petitions to the king , and declarations of brotherly love unto too many of their confederates , seised by the cowardise , or carelesness of the inhabitants the town of newcastle upon tine , notwithstanding a small army ill ordered , was sent to defend it better than they did , so as the scotch petitioning army quartering there , and in the northern parts , the king hastening thitherwards with forces , was persuaded to summon at rippon a great council of many of his nobility , whither too many of them that came being more affected to the scotch army , that came like the gibeonites with old shoes and mouldy bread were allowed to be free-quartered , and a parliament suddenly to be summoned at london , whereby to raise money for the discharge of their quarters & army charges , in the mean time the scotch & their commissioners , with their apostle alexander henderson have license to visit london , where they are lamented , feasted and visited , and almost adored as much as st. paul was amongst the macedonians or the brethren , who cryed up their holy covenant and religion to be the best , the church of england with her ceremonies , common prayers and potage , not to be compared unto it , the parliament would help all , and the scots commissioners were so popular and in request , as they seemed for that time to govern both the city of london and parliament , and by their peace , pride and plenty had generated sedition and faction , and that combustible matter in england burst into a fire which could not be quenched , the kings privy council could not please the five members , nor kimboltons ambition and envy be satisfied without being made a great officer of state , but proved after to be a general of some associated counties against the king , god might be worshipped with a thriving conscience , and the people taken care for by plundering sequestration , decimation , killing , slaying , or impoverishing the common wealth or weal publick . pym who had been receiver of the kings money , and had not accounted for it in twenty years , was once endeavoured to be pleased by being made chancellor of the exchequer , hollis one of the secretaries of state , sir arthur haselrig and william strode were to be put into great places , one to be governour of the prince , and the other as a secretary , and there being no special office for the lord kimbolton , the hopes of their being better subjects and councellors than the former begat their after rebellion , for which three kingdoms , and the ruin and desolation thereof , with the life of the blessed martyr king charles the first might have been spared , if that treason had been punished by law , the king having been informed that some of the well-willers to the scotish rebellion had before hand conveyed away their estates , the next care to be taken , being to take away the life of thomas earl of strafford , who was general of the army of the king in the north against the scots , who coming up to london to accuse pym , and the rest of the five members so called , found as he was knocking at the door of the house of peers , mr. pym gotten in accusing him of high treason , upon which he being arraigned was acquitted , when he was guilty of no treason but they of abundance , but that not giving satisfaction to their wicked designs , they invented a way to have him again arraigned upon a bill in parliament at the suit of the commons of england , ( which was the first bill in parliament of that kind in writing that ever was before , to interest , and proclaim the house of commons to be co-ordinate and a third estate , including the king to be in , or ex se one of them , ) many of the preachers were found fault with , for arminianism and other doctrines , by those that understood them as little as they did the word of god , that they preacht up the kings power and prerogative , and doctor manwarring voted by the house of commons in parliament to be punished and sequestred ( whom the king afterwards made a bishop , ) mr. william pryn , mr. henry burton , and dr. bastwick justly sentenced in the court of star chamber , the first having his ears nailed unto the pillory , and all of them severally imprisoned in remote places were insolently voted out of prison ( an attempt never before adventured upon by an house of commons in parliament , and no such things as previous votings , in order to the fixing or carrying on evil designs , were ever before used to be made in any of our kings or princes raigns ) and were by multitudes of factious londoners of the most common sort intermingled , brought in a seditious procession on horseback through the streets with rosemary in their hats , or hands . mr. pryn shortly after made a busy and fiery member of parliament , the two former whereof were fanatically reported to have had miracles or visions seen upon the occasion of that they called their sufferings ; bills were put upon the corners of the streets in london , to invite people to give a meeting upon a certain day at grocers hall in london , to some members of the house of commons in parliament , to prepare petitions unto themselves , some troops of factious ministers , made themselves the conductors out of several counties , of many a simple innovator , with papers in their hats , signifying no more than something they knew not what against popery , the porters of london must put on their sunday cloaths , and carry to the house of commons printed petitions against the kings enjoying the militia , where they were only informed that it was against watermen of london's carriying of trunks , all the boys in a free school at stamford in lincolnshire , enticed by the naughty school-master , to subscribe their names to a petition against bishops , with other numberless cheats , and trciks to make fears and jealousies , and breed a rebellion which might proceed as much as it could , to break in peices ( never as they hoped to be repaired again , our ancient and flourishing monarchy , the king maketh a progress into his kingdom of scotland , where they beg and importune him for the small demesne crown lands , which he had left , and when he would have reserved enough to have defrayed the charge of his house keeping whilst he remained there , they would not trust him with the money , for fear he should provide arms with it ( when in the mean time a rebellion was begun in ireland with a massacre ) from whence when he returned to london , he was received by all the citizens with the hosanna of a great seeming joy , but suddenly after ill managed by some lords and commons in parliament , their then too great idol in a most hypocritical way of a remonstrance bearing date the th day of december . at hampton court , wherein with all zeal and faithfulness unto his majesty , acknowledging his royal favour and protection , to be a great blessing and security unto them , for the enjoying of all these publick and private priviledges and liberties , and whensoever any of them shall be invaded or broken . and because the rights and priviledges of parliament are the birthright and inheritance not only of themselves but the kingdom , but every one of his subjects is interessed ( that is as to his protection only , whilst they are his subjects do honour and obey him , are so simpliciter , but not secundum quid ) the maintenance and preservation whereof doth very highly conduce unto the publick peace and prosperity of his majesty , and all his people , they conceive themselves more especially obliged with all humbleness , and care and constancy of resolution , to endeavour to maintain and defend the same ( as in an easie to be conceived manner of threatning . ) amongst other the priviledges of parliament they do declare that it is their undoubted right , that his majesty ought not to take notice of any matter in agitation and debate in either houses of parliament , but by their information ( which would not only contradict , but overturn the reason constitution , records and annals of all our nation ) and that he ought not to propound any condition , provision or limitation , in any bill or act in debate or preparation in either of both houses of parliament , or to manifest or declare his consent or dislike of the same before it be presented to his majesty in the course of parliament ( so as they would have their king to be as a mute until they shall have finished all they would , for otherwise one interval might thwart another , how shall such a king be master of a judgment , or have any ? or was god to be prayed unto to give his judgment to the king or unto the people ? or by what rule of right reason should the king , being of full age and sanity of mind , not be permitted the right use of the faculties of his soul ? ) and that the king ought not to conceive displeasure against any man for such opinions and propositions as shall be delivered in such debate , it belonging to the several houses of parliament respectively ( which had their original contradistinct powers and customs ) to judge and determine such errours and offences in words or actions that shall be committed by any of their members in the handling or debating any matter depending ( which was contradicted by queen elizabeth when she charged the members of the house of commons in parliament not to intermeddle in matters of church or state , or receive any bills of that nature , and severely punished some members that attempted to do otherwise . ) yet they complained in their so strange a claim of those their never to be found priviledges , that they were to their great grievance broken by the kings endeavouring to put a salvo jury to their bill or act of parliament , forbiding the pressing of souldiers , ( at that instant when there was so great an occasion for the wars in ireland ) and went much higher than the great earls , the constable and earl marshal of england , and gilbert de clare earl of gloucester did when in a parliament of king edward the first , they denyed him his accustomed salvo jure , where he or his privy councel or councel at law adjudged it necessary . and therefore humbly intreated his majesty by his royal power and authority ( whereof it may 〈◊〉 they would leave him as little as possibly they could● to protect them in those and all other their priviledges of parliament : and for the time to come would not interrupt the same , and that they may not suffer in his majesties favour when he should be so greatly obliged unto his subjects as to restore again to his knowledge and judgment , after the end of such a parliament , never before known in england , or any other nation of the christian world , such a kind of priviledge , neither being possible to be found or heard of on earth or amongst the antipodes , or in the discovery which gonzagua's geese made of the countrey of the moon , where the servants are reported to govern the masters , and the children their parents ) and that his majesty would be pleased to nominate those that have been his advisers that they may receive such condign judgment as may appertain unto justice . and this his most faithful councel , shall advise and desire , as that which will not only be a comfort to themselves , but of great advantage to his majesty , by procuring such a confidence between him and his people , as may be a foundation of honour , safety and happiness to his person and throne . and probably had never adventured to fly so high a pitch , if some of the lords and commons in parliament had not upon the scotch petitioning rebellion , and entring into england borrowed l. upon their several personal securities to pay their quarters whilst they were here , which parliament manacles of their king would have amounted to more than the aforesaid sir edward cokes figment , of a modus tenendi parliamentum used as he beleived in edward the confessors time . and in the absence of parliaments might have the name and title of king , until they should make an occasion to print a remonstrance against him , or arraign him . and as a prologue to their intended remonstrance , the next day they seeming not a little to congratulate his safe coming from scotland , did beseech him to give more life and power to the faithful councel of his parliament , and being necessitated to make a declaration of their grievances , and the corruption of some of his bishops , especially such as are in a near trust and employment about him , and were divers of them of his privy councel , and about the prince his son , and have thereby a dangerous operation in his councel and government in this time of a preparation for war betwixt his kingdoms of scotland and ireland , ( which was then but procured and fomented by confederacy ) insurrection of the papists and bloody affairs in ireland , for prevention whereof they have ingaged themselves and their estates in the sum of l. sterling , or thereabouts for the necessary supply of his majesty in his dangerous affairs , therefore they prayed . . that he would concur with the desires of his parliament , for the depriving the bishops of their votes in parliament , ( which was the one half of that grand fundamental of the laws and government of england in the house of peers in parliament , ) and abridge their immoderate power usurped over the clergy , to the hazard and prejudice of the laws , liberty , and religion of his subjects , and the taking away oppression in church government and discipline , punishing such loyal subjects as join together in fundamental truths against the papists , and by the oppressions of unnecessary ceremonies . . remove from his councel all the promoters thereof , and to imploy such persons in his great affairs and trust as his parliament may conside in , ( which was to govern him both in times of parliament and without , when he hath at his coronation taken his oath to govern according to his laws not any of the peoples . that he would not alienate any of the forfeited irish lands , ( which begot good bargains for some of the ungodly contrivers , when they after purchased their rebel perjured soldiers arrears for xvj . d. per pound . which being fulfilled , they his most great and faithful councel , ( upon these conditions ) ●●all by the blessing of god , ( as they would have it ) cheerfully undergo the expence of the war , and apply themselves to such other means and councels as shall support him , and make him glorious both at home and abroad . in order whereunto the contrary way they did the th day of december . notwithstanding his earnest request unto them , print and publish it , wherein ( besides some of their own or their instigators , unquiet spirits , ambitious or evil designs , to misuse and govern their soveraign , plainly appearing may be seen , and the many greivances of their own making , in the oppressing of each other , and undertaking to determine of matters and mysteries of state , and the arcana's and necessities of state , of which they could not possibly without necessary praecognita's , be competent judg●s ) they made a great addition to that prologue , to their subsequent rebellion , and abominable consequence of the murder of that excellently pious prince , insomuch is it may be over and over again , a wonder to be ranked amongst the greatest , in what untrodden or dark inaccessible caverns of the earth , these unknown and never accustomed priviledges of the parliaments of england , could lurk or lye hidden , when in all the conservatorships of liberties , devised at running mede forced upon king john , the ●ovisions made at oxford , in the raign of king henry the d. neither any thing in the raigns of king edward the d & . & . and richard d . henry , , . richard the d the usurper , henry the th . king henry . e. . queen mary , queen elizabeth and and king james had never such shackles desired or claimed to be put upon any of them , unto which those parliament remonstrants , were the more incouraged by that oppressed princes having his three kingdoms , set on fire about his ears at once ; that of ireland incited by his condescensions to that of scotland ; and that of england , as busy as the worst but gaining more by it , when the king had to pacify all , given them license by an act of parliament , to continue in parliament , without adjourning , proroguing , or dissolving , until those great sums of money should be satisfied , and ireland quieted , which they never intended , but hindred and perplexed all they could , although he offered to go thither in person himself which they would not consent unto for fear , least he should thereby get arms and power into his own hands , to frustrate their wicked design , which that republican wicked party , durst never offer to oliver cromwell , the protector of their supposed liberties , with any the least of those monstrous conditions , by them called priviledges , but could tamely suffer him to make his own instrument of government , alter the course of parliament , with more or less members of the house of commons in parliament , pull out and imprison diverse members of that house , and shut up the doors , constitute a new house , of his mechanick and ordinary commanders , instead of a house of lords , after the republican partty had made such an act of parliament as they could , that none should have benefit of the laws , who did not take an oath of engagement not to have any more a king or house of lords . and to be disappointed as little as they could possibly in those their intentions , made all the hast they could to fire their beacons of personal plots and dangers against themselves , the great patriots of the kingdom , and weal publick , as they had done before against popery , and therefore incredible plots and conspiracies were discovered by one of their members , who had an especial faculty therein , and likewise by others , as a plaister taken from the sore of a man infected therewith , and brought by an incognito in a letter to mr. john pym , the lord digby seen at kingston upon thames , with four horses in a coach in a warlike manner , horses kept and trained under ground , and a dangerous design to blow up the river thames with gunpowder , whereby to drown the parliament houses with many the like ridiculous fopperies to affright the easy to be deluded silly vulgar , and engage them in a rebellion , and were in the mean time to be secured themselves by a guard , for which they ●e●tioned the king , who ordered the justices of peace to command the constables of that division to furnish one , but that would not accommodate their purposes , nothing would help forward their more than ordinary designs , than a guard by the trained bands of the city of london by turns , which being granted by the king , suddenly after the citizens wives were so afraid of the danger o● the tower of london , as they could not lye dry in their beds , and the lieutenant of the tower must be displaced , and a more confiding one put in to give them content that never intended to be satisfied . which being done the pulpits of the prebyterian scotized clergy flaming , and the printing presses , stationers and cryers in the streets , as busy in the publishing the harangues of the house of commons members in proclaiming the imaginary grievances , and he was a small man at arms that had made and published no more than one or two such speeches , mean while protestations were ordered to be made in every parish of england and wales , to defend the king and the protestant religion , the king going into london in his coach hath a paper thrown into it with a writing thereupon , to your tents o israel , the many rude ●eople of the adjoyning hamlets came in droves to the parliament , crying , no bishops , and for justice , and as they pass by whitehall gate and knock at it desire to speak with the king , who sends unto the students of the inns of ●ourt , with some captains and commanders to attend him as a supplemary guard , who came and had a diet and table provided for them , the bishops do leave the house of peers with a protestation ( patterned with one in r. . ) that they could not sit there in safety , for which they were all made prisoners in the tower of london , but were all afterwards released , except matthew wren bishop of ely , who remained there sequestred from his bishoprick , for something more than years , without knowing for what cause or crime until his late majesties happy restauration . mr. henry martin a member of the house of commons in parliament , more fearing the anger of his mistress than his god or king , begins in parliament to declaim against the king , saying , that he was not fit to raign or govern , and moved that all the regal ornaments customarily lodged in the abby of westminster under the custody of the dean and chapter thereof might be seised ; one mr. parker made hast to make himself an observator of the rebellious way with dislocated maximes , abused and wrested out of their proper meaning , and interpretations , viz. quod efficit tale est magis tale , the king is major singulis , but minor universis , & salus populi est suprema lex , which although learnedly answered by the more loyal orthodox party to an ample conviction that should be , could not satisfie or stop the designed confederacy and rebellion , but the ten judges of the twelve that gave their opinions in the case of mr. hambden against him concerning the ship-money for the king , were by the parliaments order put out of their offices and places ; justice berkly one of the justices of the court of kings bench taken prisoner as he was sitting by the usher of the black rod attending the house of peers , after which mr. denzal hollis came to the house of lords , and with greater boldness than assurance , claimed the militia and power of the sword to appertain of right to the people ; and mr. pryn writes and publishes his book of the supremaey of parliaments , seconded by mr. john whites book entituled a politick chatechism , undertaking to prove by our laws the resistibility and forcing the power of our kings to be vested in the people , and the judges were commanded by the parliament without the king to declare to the people in their circuits , that the militia is , and ought to be in the parliament as the representative of the people ( which was never before done , read , seen , or heard of in england ) which all the judges obeyed , but my honoured friend the worthy sir thomas mallet one of the justices of the court of kings bench , who not forgetting his very ancient and noble discent , plainly and resolutely at every place in his next circuit , declared it in all his charges to be in law de jure coronae suae in the king , and for his so exemplary loyalty , was in the last place of that circuit by sir richard onslow knight a member of the commons house in parliament with a troop of horse , as he was sitting upon the bench at kingston upon thames arrested and carried prisoner to the tower of london , and the wind and tyde of fear and self-preservation did then so impetuously drive sir edward littleton , the lord keeper of the great seal of england , ( who some years before , when he was a young man , made it a part of his praise or olympick game , to prove by law that the king had no law to destrain men esse milites , ) and sir john banckes knight lord chief justice of the court of common pleas , that they joyned with the then illegal concurrent votes of too many of the house of peers , that the militia which was the right and power of the sword , and jus divinum gladii , and the totum aggregatum , and support of the government was in the people when our learned bracton hath truly informed us , that in rege qui recte regit necessaria sunt duo , arma videlicet , & leges quibus utrumqne bellorum , & pacis recto possit gubernari , utrumque enim istorum alterius indiget auxilio quo tam res militaris possit esse in tuto quam ipsae leges usu armorum , & praesidio possent esse servatae , si autem arma defecerint contra hostes rebelles & inimicos , sic erit regnum indefensum si autem leges sic exterminabitur justitia , nec erit qui justum faciet . following therein that opinion of justinian the emperour in his institutes . and did declare ( not like men that had taken the oaths of allegiance and supremacy before they were admitted into that house ) that if any person whatsoever ( wherein the king or his command ought to have been excepted ) shall offer to arrest or detain the person of any member of that house without first acquainting their house , or receiving further order from that house , that it is lawful for any such member , or any person to assist him , and to stand upon his , and their guard , and defence , and to make resistance according to the protestation taken to defend the priviledges of parliament , ( which was neither to commit or maintain treason , or make that without the kings authority to be treason that never was , & their intollerable haughty priviledges so incompatible and inconsistent with monarchy demanded by the petition of the lords and commons in parliament , the th day of december . can never be able to withstand the dint and force of the law , and right reason if a quo warranto should be brought against them . ) whereupon the king the th day of january . coming into the house of commons in person , ( no such company attending with pistols at the door as was untruly reported ) and being sate in the speakers chair , said , he was sorry for the occasion of coming unto them . yesterday he had sent a serjeant at arms to apprehend some that were accused of high treason , whereunto he expected obedience and not a message , and that he must declare unto them , that in case of high treason no person hath a priviledge . and therefore he was come to know if any of these persons accused were here , for so long as those persons accused for no slight crime , but for treason , were there he could not expect that that house could be in the right way , which he heartily wishes , and therefore he came to tell the house that he must have them wheresoever he can find them , but since he sees the birds are flown , he doth expect from them that they should send them unto him as soon as they return thither , but assures them in the word of a king he never did intend any force , but shall proceed against them in a legal and fair way , for he never meant any other , ( which they might easily have done , when they had his own serjeant at arms attending that honse for no other than such like purposes . ) the next day being the th day of january . ( notwithstanding that treason , felony , and breach of the peace were always by the laws of england , and customs of their parliaments exempt , and never accompted to be within the circuit of any parliament priviledge , for otherwise parliaments , and great assemblies well affected , or ill affected would be dangerous unto kings ) they declare the kings coming thither in person to be an high breach of the rights and priviledge of parliament , and inconsistent with the liberty and freedom thereof , and therefore adjourned their sitting to the guildhall in london , ( which they should not have done without the kings order ) that a special committee of should sit there also concerning the irish affairs , of which number was sir ralph hopton , that after got out of their wicked errors , and fought and won sundry glorious battels for the king against those parliament rebels , and some few more of that their committee deserted their party . and the writ sent by king edward the first to the justices of his bench by mr. pulton stiled a statute made in the th year of his raign , might have sufficiently informed them , and all that were of the profession of the law in the house of commons in parliament , that in a parliament at westminster , the prelates , earls , barons , and commonalty of the realm have said that to the king it belongeth , and his part is through his royal seignory streightly to defend force of arms , and all other force against his peace at all times which shall please him , and to punish them which shall do contrary according to the laws and usages of the realm , and therefore they are bound to aid him as their soveraign lord at all times when need shall be , and therefore commanded the justices to cause those things to be read before them in the said bench , and there inrolled . the before confederated national covenant betwixt england and scotland being by ordinance of parliament ( for so they were pleased to call their no laws ) confirmed under a penalty that no man should enjoy any office or place in the commonwealth of engl. and ireland that did not attest and swear it , which the king prohibiting by his proclamation sent unto london , the bringer whereof was hanged , the king certainly informed of the traiterous practices , and other misdeameanors of the lord kimbolton , and his aforesaid associates , did as privately as possible with the prince elector palatine his nephew , and no extraordinary attendance go in person to the house of commons to seize them , because his serjeants at arms durst not adventure to do it , who having notice of it by the countess of carlisles over-hearing his whispering to the queen , and suddenly sending them notice thereof , were sure to be absent , wherein he being disappointed , did afterwards by his attorney general exhibit articles of high treason , and other misdemeanors against them . . that they had traiterously endeavoured to subvert the fundamental laws and government of the kingdom , and deprive the king of his legal power , and place on subjects an arbitrary and tyrannical power ( which shortly after proved wofully true , and for many years after so continued . ) . that they have endeavoured by many foul aspersions upon his majesty , and his government to alienate the affection of his people , and to make his majesty odious unto them . . that they have endeavoured to draw his majesties late army to disobedience to his command , and to side with them in their trayterous designs . . that they have trayterously invited , and incouraged a forreign prince to invade his majesties kingdom of england . . that they have trayterously endeavoured to subvert the very rights and being of parliaments . . that for the compleating of their traiterous designs , they have endeavoured as far as in them lay by force and arms , to compel the parliament to joyn with them in their traiterous designs , and to that end have actually raised , and countenanced tumults against the king and parliament . . that they have traiterously conspired to leavy , and actually have leavied war against the king. whereupon the house of commonsin parliament the d. of january . did order , that if any person should seal up the trunks or doors of any members of their house , ( which in the case of the king for treason , was not certainly within the virge of their commission , or purpose of their election either by the king or their countries , or their indentures or wages allowed , nor the priviledge of freedom from arrest of their persons or goods , whilst they are there in his important service ) they should require the aid of the constable , who by his oath of allegiance was not to do it . and in another declaration of the th day of january . printed and published , ( which in this kingdom , or any other part of christendom was never accustomed or allowed to be done , ) were pleased untruly to affirm that the king having sent a serjeant at arms to their speaker to demand the persons aforesaid accused , and being denyed , came the next day in his royal person to demand them , with halberts , swords and pistols , attending without at the door , ( who if they had been as dreadful as they would make it , would have been but necessary , lest he might have been stabbed and assassinated , as julius caesar was unguarded in the roman senate . ) did declare that the arresting of the said accused members or any other members of parliament by prretence or colour of any warrant issuing from the king only , ( as if they were assured of a co-ordination with him ) is guilty of the breach of the liberty of the subject , and of the priviledge of parliament , and a publick enemy of the common wealth , and that the arrestnig of any of the said members , or any other member , without a legal proceeding against them , is declared , a publick enemy of the commonwealth , notwithstanding , they did declare that they would no● protect any member that should be prosecuted by the king according to the law of the kingdom , and the rights , and priviledges of parliament , for treason , or any other misdemeanor ( so as they which never were yet a judicature , or had ever any power to examine a witness , might be the judges what was the law or treason ) and will be as willing that justice be done against the commons , as to defend the just rights and liberties of the subjects , and priviledges of the parliament of england . that the priviledges of the parliament , and liberties of the subjects so violated and broken , cannot be sufficiently vindicated , ( a punctilio of honour never before insisted upon by any of the parliaments , or subjects of england to their soveraign kings or princes , ) without the delivering up unto them the names of those that advised or councelled him thereunto , and the coming in his own person , the publishing of the said articles , and printed papers inform against the said members , to the end that such persons may receive condign punishment , ( intending very likely to have it only left to their own lately self-erected soveraignships . ) the county of buckingham petitioned for mr. hambden , and did adventure to say , that in their opinion his majesties accusation of him doth oppugne the rights and priviledges of parliament , which was according to the protestation to defend the king , and the church , and commonwealth . the house of commons the th of january . examined sir edward herbert the kings attorney general upon several articles concerning the accusation for treason against the lord kimbolton , and the other members , and whether he would undertake or make good the said articles , or any of them , if he shall be called before the lords , unto which he answered by my former expression , you may discern what answer i cannot make or take , to make one title of them , otherwise than as my master hath informed me , and enabled me , for of my self i cannot , nor will not do more than one that never heard of them . whereupon it was resolved by the house of commons , that the said attorney general had broken the priviledge of parliament in praeferring the said articles , and that a charge be sent up to the house of lords in the name of the house of commons against him , to have satisfaction for the great scandal and injury which he hath done to the said members , unless by thursday next he bring in and make good , if he can , the said articles against the said members , or any of them . the th of march . the king from royston in his journey towards york , being deterred from his palace at whitehall , wrote to the lord chancellor , commanding him to read unto the lords the copy of his charge against the aforesaid members , and nominate a committee to examine the evidence thereof , and also signified , that what his attorney general had done therein , was by his command , and according to his duty . but having declared that he found cause wholly to desist from prosecuting the said members , he had commanded him to proceed no further therein , nor to produce or discover any proof concerning the same . after many messages and petitions not to suffer the queen to go with the princess of orange her daughter into holland , nor to take the prince into yorkshire with him , many petitions and pretences to have the militia put into their hands , absolutely to secure them from their ( own coyned ) fears and jealousies , and a denial of that but for a limited time , they having also not failed in desiring strong towns , castles , forts and garrisons to be put into their custody , and voted sir john hotham one of their members no traytor , after the king had proclaimed him a traytor for his denying him entrance , when he personally demanded it , into his strong fortified town of kingston upon hull ; and a or remonstrance over-boldly printed and published to idolize themselves , and inflame the silly people , and made their blockades , circumvallations , trenches and mines about our monarchy , and too many of the deluded people ready to betray and deliver it up , or gape at the spoil , which might inlarge and better their formerly wicked conditions , and appointed deputy lieuetnants , and commanders in every county and city , took into their hands the kings navy with the profit of his customs , and all that they could by fear or fraud get into the hands or clutches of their wolves , foxes and harpies , birds or beasts of prey ; mean while the king labouring by many princely answers to their messages , letters , and proclamations to keep them from the witchcraft of rebellion , the more they galloped into it , and nominate the earl of essex to be their general , and a great contribution of plate and money as before hath been mentioned , to bring the king home to his parliament , who might have been more ready than they , had he not been encompassed without any cause , or provocation with as many treasons , plots , falsehoods and treacheries as he had hairs upon his head and beard , with no small want of money and friends in the midst of his three once flourishing kingdoms , flaming , and on fire about his ears , which could not otherwise have brought such an accumulation of evils upon him . and being somewhat supplied by many of his exchecquer receivers , who brought unto him remainders of moneys upon their accompts , ( john pym excepted , that was the kings and his fathers receiver in arrear about years , and could not be at leisure , lest he should thereby hinder the managing of his treason against the king , and so would have made a trusty chancellor of the exchecquer for the king , ) marched as well as he could toward his loyal subjects of wales , whither to hinder and distress him the earl of essex , with his army of rebels way-laying him at edge-hill in warwickshire , where loyalty and rebellion fighting a bloody battel , and robert earl of lindsey the kings general being hurt , and carried away prisoner to warwick castle shortly after died , his son the lord willoughby offering himself an hostage , being not according to the laws of war accepted , and the rebels cannons levelled against the brow of the hill , where the king and the prince sat , but being disappointed , left the field , and retired to warwick , and the king keeping it all that night , the next day marched to banbury and took it , from thence fixed himself at oxford , to which very many parliament men that were loyal retired , and kept a true parliament , howsoever the rebels made shift to get by parcels to london , where they publish how near they were to gain the victor● of which they could have given a greater eertainty of the lord wharton had not hid himself in a saw-pit , and stephen marshal a factious minister had not mistaken himself , when in his parish pulpit at finching field in essex , he had related an impudent lye in the hearing of one that had been in that battel , that he had pickt up bullets in his velvet cap to help the rebels souldiers , when a souldier that heard him so preach , could have proved that he at another time had confessed , that he was so affrighted that he had run away four or five miles from the place where the battel had been , before he knew where he was , after which they were so unwilling to forsake their treasonable hopes as they rallyed , and ingaged all the friends the devil could help them unto , insomuch as the war grew more and more fierce , as at the kings besieging of gloucester , the effascinated citizens of londons trained bands came to raise the siege , a sharp fight was at newbury , where they were beaten , and weemes a scotish cannoneer taken prisoner , whilst he was levelling at the person of the king , in a bloody fight at copreby bridge where the rebels had the worst , and yet weemes was pardoned , and left to do more mischief , when all he could say was , in gude faith his heart was to the king. and the king was from place to place so victorious as he drove the parliament rebels by the help of his nephews , prince rupert and prince maurice , and the gallant conduct of sir ralph hopton , and the greenviles , and the courage of the cornish men ( for which they had the kings thanks publickly read and registred in the churches ) the earl of essex , and his rebel parliamentarians were so driven and penn'd up at lestichiel in cornwal , as their whole army , cannon and amunition , bag and baggage were seized , and the earl of essex , and some other commanders enforced to shift and save themselves in a cock-boat , sir william balfour getting away with some of the horse , notwithstanding all which , and that that over-tender hearted prince had experimented more than once their rebellion was inexorable , and that neither his protestation upon the sacrament , nor the word stamped upon his coyn for religion , and the priviledges of parliament could make them forsake their rebellious principles , could not forbear to bring them if possible out of that sin of witchcraft , but when he might with a victorious army have beaten them at bramford , did by some that were hired to betray 〈◊〉 councels , ( for by that time they had as much lea 〈…〉 the art of bribery , as they had the glosses of rebellion , rouse their obdurate and feared souls with messages for peace , and divers royal ministers and citizens of london had petitioned them to make peace with the king , who sent the earls of southampton and dorset unto their then called house of peers , who were answered and received uncivilly enough as to their own persons , and the king their master that sent them , printed and published intercepted letters betwixt the king and the queen , and relying more upon their confederating brethren of scotland than upon their god , and the king his vicegerent , in all hast sent to invite them to come unto their aid , which they did , and before they went home , had l. sterling paid unto them for their rebel assistance , which putting a stop to the kings victories , especially in that unfortunate battel at naseby , and afterwards at marston moore by a misintelligence at the later betwixt prince rupert , and the earl of newcastle , the king condescended to a treaty by commissioners at uxbridge , where no other reason could be accepted , but as if the king had been a subject , and they his soveraign , they appeared willing to transfer unto their scotish brethren a great part , if not all , of the kingdom of ireland , every attempt and self-defence of the king , and his loyal party bringing no better comfort than dispair , he gave license to his good subjects to retire into the parliament quarters , or unjust dominion , and compound for their supposed forfeitures ( which much encreased their treasure and power ) for fighting against the king , when they fought for him against his rebels , as if the king and they had been but one incorporation , and themselves the head , and the king could be a rebel to himself , and them at the same time , and wat tyler or jack cade , or the late massinello had authority to make themselves soveraigns , which they had not impudence enough to adventure , for it must needs appear to all mankind to be a gipsy jugling trick , or proteisme never before heard of in any part of the world. the noble earl of scarsdale refusing to compound , but retiring home , did ever after cloath himself in sackcloth , and every day to his death make a visit to his tomb. the king thus vanquished by clemency and hopes to out-reason their detestible rebellion , with all the secresie imaginable , retired out of oxford with a too much over-trusted groom of his bed-chamber riding out , as the man with mr. hudson an orthodox loyal minister , their journey being designed for london , where the king was informed that the city train bands were to muster the next day after he should reach thither , unto whose protection ( not of the scotch army then quartered at newcastle upon tine ) he intended to place the safety of his person , whilst he should treat further with his parliament rebels , ( who being sufficiently infected with their parliamentary rebellious never to be warranted principles , would have given him as little an assistance ) whereof the rebels being informed before hand by their colonel rainsborough that granted the king his pass , and did too well understand who was the treacherous groom of the bed-chamber mans master , when the loyal party were afraid what was become of the king , the rebels could answer , they would shortly hear of him , who coming near unto london , finding himself disappointed by the training put off , was enforced to coast about betwixt branford and highgate , and from thence resolve to take his way to the scotish army , and cast himself into their protection , after that he had before met with so bad an effect of their contrary loyalty , whither being come , they , as if they had had no manner of intelligence of it before , write their letters to their brother parliament rebels of their great amazement to see the king come unto them , and desire that he may be brought home to his parliament , ( over which they had such an influence as they almost governed them ) in honour and safety , who fail not to do it in promises , but would have him delivered to them , and sent to an house of his own at holmby in the county of northampton , where he should not want a guard of their own , whereupon the scotish commanders having fallen into a deeper than ordinary consideration how they could with honour , loyalty , and gude conscience deliver their native king into the hands of his enemies , and going to voting , two great commanders that in muckle manner had been obliged to their king for many great favours , and might have ballanced the vote with a great deal of facility in the negative , were mightily suspected to have gone privately along with them , that they were certain would make up the majority for delivering of the king up to his parliament adversaries , but took by all means an especial care for themselves to vote against the delivering of the king into the hands of those that would love their own ends more than any of his rights or their duty , and a bargain came so to be made , as the king was put into the mercy of the english parliament , and l. sterling , which amounted unto something more than judas iscariots thirty pieces of silver , for betraying jesus christ. and as mickel as the l. were above the scotch marks , or d. half-penny english , none or very little of it could ever after find the way to the pockets of the scotch plads , or blew caps , and he had not been long at holmby , but he was in a morning betimes fetcht out of his bed by cornet joice a fanatick tayler , with some troops of horse sent by cromwel and fairfax , into their army , quarters , and tossed from place to place until after treaties , letters and messages for peace , they had from treachery to treachery , and villany to villany contrived his execrable murder . the d of june . the lords and commons in parliament did offer their humble petition and advice , having nothing in their thoughts and desires ( as they pretended ) next unto the honour , and immediate service of god , more than the faithful performance of their duty to his majesty and this kingdom , as the most necessary and effectual means thereof , to grant and accept the propositions ensuing , viz. . that the lords and others of his majesties privy council , and all such great officers and ministers of state either at home or abroad , or beyond the seas , may be put from your privy council , and have no offices or employments , excepting such as shall be approved of by both houses of parliament , and that the persons put into their places and employment may be approved of by both houses of parliament , and that privy councellors shall take an oath for the due execution of their places in such form as shall be agreed upon by both houses of parliament . . that the great affairs of the kingdom may not be concluded or transacted by the advice of private men , or by any unknown or unsworn councellors , ( sir robert cotton a great antiquary with a well furnished library , being often consulted with by king james and that prince in special matters , ) but that such matters as concern the publick , and are proper for the high court of parliament , which is his majesties great and supream court , may be debated , resolved and transacted only in parliament , ( which was contrary to the fundamental laws and constitutions of parliaments in this , and all other the kingdoms of the christian world , whereby the matters and business of monarchy , and the regal government were limited and restrained unto arduis , & non omnibus arduis sed quibusdam ) and not elsewhere , and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgment of parliament , and such other matters as are proper for his majesties privy council shall be debated , and concluded by such of the nobility , and others , as shall from time to time be chosen for that place by approbation of both houses of parliament , ( which would have incorporated , and associated the house of commons in parliament with the house of lords , which never was , nor ought to have been otherwise than inferiour unto the house of peers in parliament , and therefore stiled the lower house of parliament , ) and that no publick act concerning the affairs of the kingdom as are proper for his majesties privy council , may be esteemed of any validity as proceeding from the royal authority , unless it be done by the advice and consent of the major part of his council attested under their hands ; and that his council may be limitted to a certain number not exceeding , nor under . and that if any privy councellors place happen to be void in the intervals of parliament , it shall not be supplied without the assent of the major part of the council , which choice shall be confirmed at the next sitting of parliament , or else to be void . . that the lord high steward of england , lord high constable of england , ( which by marriages and descent had been incorporated in the royal line , ) lord chancellor , or lord keeper of the great seal , lord treasurer , lord privy seal , earl marshal , lord admiral , warden of the cinque ports , governour of ireland , ( the chancellor of the exchequer , master of the wards , secretaries of state , two chief justices , and chief baron not being to be ranked with the peers ) may always be chosen by the approbation of both houses of parliament , ( the house of commons being never before accompted equal with the house of peers , in birth , honour , wisdom , education , alliance , or estate , ) and in the intervals of parliament by the assent of the major part of the councel , in such manner as was before expressed in the choice of councellors , ( which in a matter of a much less consequence in the government of the kings houshold , was so little endured by the nobility of england , in the th year of the raign of king richard the d , as it was adjudged an incroachment upon regal authority , and high treason , and some great lords suffered in their persons and estates for it , and others glad to receive their pardons for being confederate or privy thereunto . ) . that he or they unto whom the government , or education of his children shall be committed , shall be approved by both houses of parliament , and in the intervals of parliament by the major part of his council , in such manner as was before expressed in the choice of councellors , and that all such servants as are now about them , against whom both houses shall have any just exception shall be removed ( which before they had disclaimed , as mr. rushworths historical collections printed , and allowed by them not long before had informed us ) . that no marriage shall be concluded , or treated for any of his children with any forreign prince , or any person whatsoever abroad , or at home without the consent of the parliament , under the penalty of a praemunire unto such as shall conclude , or treat any marriage as aforesaid , ( which they had as aforesaid disclaimed ) and the said penalty shall not be pardoned , or dispenced with , but by the consent of both houses of parliament , ( that lower house never having before , or since any power of pardoning or dispensation , nor that higher without the sanction or authority of their soveraign . ) . that the laws in force against jesuits , priests , papists , and recusants be put in execution without any toleration or dispensation to the contrary , and that a course may be enacted by authority of parliament to hinder them from making any disturbance in the state or law , by trusts or otherwise . . that the votes of popish lords in the house of lords may be taken away so long as they continue papists , and that his majesty would consent to such a bill as shall be drawn for the education of children of papists by protestants in the protestant religion , which was to take away the priviledge of barons holding by tenure without conviction for treason , and of earls , viscounts , marquesses or dukes , which ever since the beginning of the raign of king richard the d . were by that , and all succeeding kings letters patents , to have vocem locum & sedem in parliamentis . . that his majesty would be pleased to consent that such a reformation be made of the church government and liturgy as both houses of parliament shall advise , wherein they do intend to have consultation with divines as is expressed in their declaration to that purpose , and that his majesty will continue his best assistance unto them for raising of a sufficient maintenance for preaching ministers through the kingdom , ( when there was no want of the orthodox more loyal and better sort ) and that his majesty would be pleased to give his consent to laws for the taking away of superstitions and innovations , and of pluralities , and scandalous ministers , ( which in their accompt were only of the church of england and loyal ) . that his majesty would be pleased to rest satisfied with the course that the lords and commons have appointed for the ordering of the militia , until the same shall be further setled by a bill , and that his majesty would be pleased to recal his proclamations and declarations against the ordinance made by the lords and commons concerning it , ( which was to take away the tenures , the power of the sword , and defence of his people . ) . that the members of either houses of parliament , as have during the time of this present parliament , been put out of any places or offices , may either be restored to their place or office , or otherwise have satisfaction for the same , upon the petition of that house , whereof he or they are members . . that all privy counsellors and judges may take their oath , the form thereof to be agreed on and setled by act of parliament , for the maintaining of the petition of right , ( which was in many things more than ever they could claim , or ever had , or could by law have any right unto , ) and of certain statutes made by this parliament which shall be mentioned by both houses of parliament ( as if they were in all duty and loyalty bound to make him a glorious king , thought they could never have unking'd him enough , and brought him to their murdering ever to be abhorred tribunal , ) and that an inquiry of all the breaches and violations of all those laws may be given in charge by the justices of the kings bench , and by the justices of assize in their circuits , and justices of the peace at their sessions to be presented , and punished according to law. . that all the judges and officers placed by approbation of both houses of parliament may hold their places quam diu se bene gesserint . . that the justice of parliament may pass upon all delinquents , whether they be within the kingdom , or fled out of it : and that all persons cited by either house of parliament may appear and abide the sentence of parliament . . that the general pardon offered by his majesty may be granted , with such exceptions as shall be advised by both houses of parliament . . that the forts and castles of this kingdom may be put under the command and custody of such persons as his majesty shall appoint with the approbation of his parliament , and in the intervals of parliament with the major part of the council , in such manner as is before expressed in the choice of councellors . . that the extraordinary guards , and military forces attending his majesty may be removed and discharged , and that for the future he will raise no such guards , or extraordinary forces but according to the law , in case of actual rebellion or invasion ( an imposition and vassalage was never put upon any thing that was like a king in christendom , for the kings of scotland whilst seperate from england , and did homage to our kings , had , when there was cause enough of fear and jealousie , as now there was none , no such unkingly vassalage put upon him . king david had men for his guard , who every month came up to jerusalem , and our saxon king alured had his guards by monthly courses . . that his majesty would be pleased to enter into a more strict alliance with the states of the united provinces , and states of the protestant religion for the defence and maintenance thereof , against all designs and attempts of the pope , and his adhaerents to subvert and suppress it , whereby his majesty will be much incouraged and enabled in a parliamentory way for his aid and assistance in restoring his royal sister , and her princely issue to those dignities and dominions which belong unto them , and relieving the other distressed protestant princes , who have suffered in the same cause . . that his majesty would be pleased by act of parliament to clear the lord kimbolton , and the members of the house of commons in such manner that future parliaments may be secured from the consequence of that evil president . that his majesty would be graciously pleased to pass a bill for restraining peers from sitting , or voting in parliament , unless they be admitted thereunto with the consent of both houses of parliament , which would have made him such a king as never was , or can be found in any christian or heathen kingdom or nation , and themselves such subjects as until they could agree the matter amongst themselves , or they should be couzened by some republicans , and those publick plunderers by some cromwel cheat , those kind of extraordinary mad men and fools of both sexes , must have been all kings , queens and princes , and that which they would have called their king , to be but as a shadow or semblance , or none at all ; ( which would have restrained the king from all power that other ●ings and princes had to reward men of merit ; when as joseph had the honour done him by pharaoh , that they should make him ride them second chariot , and cry before him , bow the knee , and as mordecai who had preserved king ahashuerus life , was arrayed with the royal apparel , and rode upon the horse on which the king used to ride , with the crown royal on his head , and the horse to be led by one o● his greatest princes through the street of the city , who sh 〈…〉 proclaim before him , thus shall it be done to the man whom the king delighteth to honour . ) all those ( or which ) their humble desires being granted by his majesty , they should faithfully apply themselves to regulate his present revenue in such sort as may be for his best advantage , and likewise to settle such an ordinary and constant increase of it , as shall be sufficient to support his royal dignity in honour and plenty , beyond the proportion of any former grants of his subjects , of the kingdom of his majesties royal predecessors . and what he owed to himself , his posterity , people , prudence , honour and dignity , as to have granted what they desired , they would too easily have obtained their advantages of bereaving him of his monarchy by such their propositions not fit to be advised , and petitions neither to be made or granted , more than pepin the mayor of the palace at paris ever had , when he perswaded the last king of the merovignian line to indulge his ease , & leave all his affairs of state to his care & manage , which brought that prince within a short time after to be shaved , and put into a monastery , and the great charles or charlemain son of pepin established king of france , or the like opportunities , which hugh capet the ancestor of the now king of france , had by his getting the rule and reins of the government into his own hands , which did the like to the family of that great charles , and placed himself , and his ever since flourishing lineage in that throne . and would make him as small a king as arise evans a fanatick taylor in black fryers in london had proposed , ( when sir james harrington had modelled his government of oceana , mr. henry nevil his plato redivivus , and mr. charles , george cock his houshold of god upon earth , and every one would be busy as he could in shooting of his bolt ) that a king should be elected out of the poorest sort of men , and have an l. per annum for his care and pains to be taken in the government , which would have been much better than the aforesaid careful manackling propositions , when the parliament must have been the king , and the king only executive and as the subject , and the parliament from time to time impowered to make laws contrary to those which he and his predecessors had made and governed by , and when they please is to execute quite contrary , and procure a pardon when he can of god almighty for it . and having by the help of their seditions and rebellion gained as they hoped a new magna charta for themselves as representatives for the people , their next care and industry were employed not only to guard and keep what they had thought themselves possessed of , but to add as many more advantages unto them as the pressures and necessities of their king might join unto them , and therefore when the noble general monke , after duke of albemarle had by gods mercy to king charles the d under the mask of a commonwealth by his wary conduct in almost a miraculous manner reduced the king to his kingdoms , dominions and monarchick rights , without , as the parliament rebels would have perswaded him , the taking of the rebellious covenant , or the abstracting of any of his regal rights , they did so contrive their matters , as in an act of general pardon larger than ever was granted by any of our kings of england with some small exceptions , prepared by two serjeants at law , that had sailed along with the wind and tide of that long lasting rebellion , they had bestowed upon it an especial praeamble , that whereas divers rebellions and insurrections had been by vertue of divers commissions of the king , and of the parliament , as if any could be guilty of high treason , or other misdemeanors , or could forfeit , that acted by the kings authority , the king had pardoned all treasons , felonies , &c. and as if they had nothing more to incroach upon the monarchy , did take it to be a breach of they knew not what priviledge for their murdered king to send for a printing-press from london to york or oxford , and the members of the house of commons in parliament , after that huge pardon granted by king charles the d of the forfeiture of all the lands in england , which were in the rebels possessions , with all their rich goods and chattels , together with another act to unbastardize their children , and unadulterate their fathers and mothers fastened , and entailed upon them by a new fanatical way of marriage before justices of peace , as if they were only to part a fray , or keep them from fighting , for which they seemed not to be at any rest or quiet with themselves , until every county , city , burrough , market town and corporation , or company of trade had attended his majesty with addresses of huge protestations of loyalty and obedience , and the expence of their blood , lives and fortunes , and all that could be dear unto them , yet too many of them could after make their counterfeit loyalty , with promises to live and dye with him to amount unto no more than the breeding of factions , and dislike of his majesties mild and tender hearted government , lampooning and scandalizing him , robbing and pilfering his royal revenue , whereby to encompass him with all manner of importunate necessities , as if the cheating and misusing of kings had been no small part of their praerogative , contrived a most abominable association upon him and his royal brother , his now sacred majesty , to murder and ruine them as they were to come thorough a narrow lane from newmarket to london in the same coach , and being disappointed therein , proceeded to infect as much as they could the parliament , that should have been his best and most wholsom counsel , to make and enter into an association upon their oaths without their king , to exclude and banish his royal brother , his now present majesty , and his heirs and successors , from the royal succession , for that he was suspected to be addicted to the religion of the church of rome . which being by the king and major part of the house of lords contradicted , a force and insurrection was contrived , and enough as they hoped listed and made ready to accomplish it ; but it being discovered by some that had been persuaded to assist therein , and some of the nobility being according to law attainted of high treason , and forfeited , they would not leave prosecuting of him with their plots and designs , until god the appointer of kings had called him to his mercy from them that would have no mercy for him . and having thus long abused their kings with their rebellions , and brought a long lasting series of mischief and miseries upon their seduced followers , could not rest satisfied if they should not give more credit to their new commonwealth-mongers , that would entitle them to the only power of summoning , proroguing , adjorning or dissolving of parliaments , and manackling of their kings and princes , and did not think they had enough established it and themselves , if they had not , when for loyalty or any such matter they were to eject any of their fellow-members , caused them to receive their sentence upon their knees , although they had committed no offence , neither supplicated for any pardon , or had it . and another being as willing as some others to adore his own fancy without any evidence of truth , law , or right reason , in his wringing . wresting and torturing of tropes , metaphors , allegories , improprieties of words or phrases beyond their right or common use , or what he had picked together out of some lying manuscripts , and abused records by omissions of truths , whereby to put his vain and groundless imaginations into some frame and method , hath in his book printed and published , endeavoured to make the house of commons to be an essential and constituent part of parliament , and to have a votum decisivum therein , and hath therein committed more dangerous errors than the late author of the theory of the earth , in his endeavouring to prove noahs flood to have been more from natural causes than the product of god almighty's will and infinite power , declared by his more especial servant moses , sufficiently confuted by the reverend father in god herbert lord bishop of hereford . and it must needs be said that he hath over-dangerously handled joves thunder-bolts , and made himself as instrumental as he could to take the soveraignty from the king , and bestow it upon the people , whom he and his opiniotretees would suppose to be represented in parliament , whereas he should have only said , it was a constituted part of the parliament from the th year of the raign of king henry the d sub modo & forma during that kings imprisonment under symon montfort earl of leicester and his rebel associates , and were neither in authority or degree the same with the more honourable , and better estated house of peers , although in that then constituted house of commons in parliament there were to be four knights out of every county in england to be elected and sent thither , ( few of them appearing ) and that more or less they might have claimed , as they have lately done the summoning of the peers and the nobility of the kingdom , electing the members of the house of commons in parliament , and they representing all the people , might more easily have continued and maintained their post and station of a never to be proved senseless and reasonless soveraignty , which was not to be seen , heard or read in this kingdom , either in the time that it had been a roman colony , or of the great arthur , or the saxon heptarchy , norman conquest , and our many since succeeding kings and princes , and is , and hath ever been attended with so many possibilities of setting people together to kill , destroy and ruin one another , as hath no where in the habitable world , but in our late english frenzy and infatuation , and most egregious hypocritical pretences of religion , whilst they for almost fifty years together , imployed their godless time in murdering of their kings and laws , and the one half or more of their fellow-subjects lives and estates , and that author can never prove that there are two supreams , nor find any way to agree them , which should be uppermost , or which the lowermost . and what pro deus atque hominum fidem , could those liberties be , that they by a pretence of reformation of grievances of their own making had usurped upon their king , to mould themselves and their wicked fellow complotters into a republick , as they would have it stiled , when it proved to be nothing but a society of rapine plunder and villany , whereof their regicide oliver cromwell had afterwards cheated them , and was almost as great a mistake in what a very learned judge had said , when he was member of the house of commons , that the king was primarily a trustee for the people , yet it could not be so affirmed by any truth , rule or law of god or man as immediately from or by them , but only as immediately from or by god commanded to take care of his people . and a wrongfull misinterpretation hath been endeavoured to be put upon some part of our reverend mr. hookers book of ecclesiastical policy , as if he had positively affirmed , that the king was a trustee for his people ( as he is doubtless for his protection ) when the late learned dr. sanderson bishop of lincoln , hath affirmed unto me that he having heedfully , perused the book written with mr. hookers own hand could discover no such words therein . so here is complexedly met and united a systeme , and a mass of the conspiracies , factions , seditions ; treasons and abominable confusions put together and agitated , sometimes at one time , and after at others , from the later end of the raign of king richard the first until the raign of king charles the d in the dream of the election of our kings and princes in the rebellion at running mede ; some barons in the raign of king henry the third threatning to choose another king , and enforcing of conservators of the liberties of the people , in the provisions derogatory to kingly government made at oxford in the raign of king henry the third , and constrained of king edward the second . and might have happened into a question unanswerable , what mischief our magna charta , or charta de foresta had done unto our nation , or upon what other cause or reason those excellent laws were granted by our king henry the d , and so dearly beloved , as they thought themselves utterly undone if they had not with the th part of their moveables obtained them eisdem modo & forma , without any substraction or addition , the same which have been continued & confirmed by their several kings and princes above thirty times , and was such a caution in one of their parliaments , as the bishops in their several diocesses were impowered to anathematize all the infringers thereof ; and king henry the d in that direful procession was constrained to walk through westminster-hall the abby-church of westminster , with all the bishops , earls , barons and nobility of england and wales , holding burning tapers in their hands , ( the king only refusing after the reading of the aforesaid magna charta's freely granted by that king , and likewise that enforced upon king john his father ) and throwing down their tapers , wishing that the souls of the infringers thereof might so burn and fry in hells everlasting fire , being such a cursed obligation as was never enforced upon any king or prince by their people in any nation of the world , and might if right had been done unto that distressed king , have been deeply censured in foro animae & gratitudinis : and if those magna charta's have been such a darling of the people as they seemed to value it as their blood and estates , how could they fall so much out of their love as they would do all that they could to be rid of them , as if they had been circe's swine tearing them in peices , when they are for the most part a compleat system or figure of our antient monarch feudal laws , and every chapter therein loudly proclaim them to be no otherwise . and what have we got in recompence of the overturning of our beneficial and ever to be praised feudal laws , but the forfeitures of all our lands and estates , if god and the king should be extream and mark what is done amiss . or can any man of learning reason or understanding , or any but one that is or hath been mad without lucid intervals , believe that st. edward the confessors laws have not deduced their original for the most part , if not all , from the feudal laws , when by the solemnest and greatest jury of the world impannelled by king william the conqueror , they appeared sine dolo & malo ingenio , to be no other than our feudal laws by which the soveraignty did appear to be in the king , ( not the people ) by which our kingdom had been governed , and did bear as near a resemblance thereunto , as one hen egg doth or can unto another in shape or figure . and what strange kind of imaginary soveraignty radically or otherwise at any time was believed to reside in the people , when the pope and his legate pandulphus made our affrighted king john to do homage by laying down his crown and scepter at the feet of his legate , multum dolente archiepiscopo cantuariensi , saith matthew paris ) nor was the tribute paid or thought fit to be paid thereupon for the kingdoms of england and ireland , though demanded of king henry the third his son , or edward the first his grandson , but by all our kings and princes neglected , it being an allowed maxime in our law that angliae rex nunquam moritur , which could not be if all the people had been understood to have been soveraigns . or can any man believe that our english ancestors did not think st. edward the confessors said laws to be tantum sacrae , when they hid them under his shrine in the church of westminster-abby , and afterwards precibus & fletibus obtained of him to be governed by them . which william the conqueror would not have granted until he had by the aforesaid grand jury examined and compared them , per sapientes & viros in lege eruditos , and the people of england and wales have ever since , being about years , never believed their lives , estates and posterities to be in any kind of safety , if the conqueror and all the succeeding kings and princes did not at their several coronations take their oaths to observe most especially st. edward the confessors laws , which they never failed to do , and hath been so taken both by his late majesty , and this our present king. and it would be a strange forgetfulness of duty , and our oaths of allegiance and supremacy , ( upon which , and no other our feudal laws are built ) to forget them , and the care of our souls , which the britaignes in armorica in france could never do since the dread and fear of the cruel invasion of the scots and picts making them forsake their native countrey of england , and retire where they now are , where they yet retain their antient feudal customs used in england ; which is that ligeance est ordinaire en tous fiefs la quelle de sa nature emporta obeyssance du vassal foy homage & autre les droits & devoirs contenus en l'infeodation & anciens advouz & tenures . l'homage lige ce fera en ceste forme scavoir que le vassal l' espee & esperons ostez teste nue ( ayant les mains entre celles de son seigneur & se enclynant ) dira telles paroles mon seigneur je deviens vostre home lige pour telles choses lesquelles je releve & tien de vous ligement en tiel vostre fief & seigneurie lesquelles choses me sont advenues par tels moyens a cause de quoi je vous doy la foy & homage lige & vous promittes par ma foy & serment vous estre loyal & feable porter l' honneur & obeysance & envers vous me gouverner aynsi que noble homage de foy lige doit faire envers son seigneur le seigneur respondra come sensuit vous devenus mon home pour rayson de tales choses par vous dites & de choses en tel me promittant que vous me serra feal & obeysant home & vassal si que vostre fief le requier & le subject respondra je le promets ainsi & lors le seigneur dira je vous y recen sauf mon droit & de l' autrui . insomuch as when all the aforesaid concurrences of the laws of god and man , records and annals , truth and rectified reason shall be united and laid together , he must be an ill subject , and a very great infidel that cannot with great assurance believe that the blessed martyr king charles the first , and his late royal majesty , and our now gracious soveraign have been much wronged in their regal rights , revenue and authority , and had as their blessed father been made likewise martyrs , if the divine providence of god had not in favour unto a sinful people prevented those very often attempts of villany . and may put us thus preserved from a ruin and confusion impending upon a nation , ( as unto too many of them ) nursed and enriched by plain or palliated disloyalty , seeing his now royal majesty his indulgent brother , and pious father , have taken their coronation oaths to observe the good laws of king edward the confessor , which are the same with our so often confirmed magna charta's , and charta de foresta , the blessings of this nation , and ordained by act of parliament to be read in all the cathedral churches of england and wales , the infringers whereof have been as aforesaid so bitterly anathematized . and that the honour , dignity and strength of the nation may no longer remain ecclipsed , and that our weakness in the want of our most honourable and ancient monarchick fundamental feudal laws may not be told , or made use of in gath and askalon , and that our king may not be without the means to defend himself and his people , and avoid the disadvantages and damages which forreign princes and his allies may put upon him in all his leagues and treaties with them concerning his imperial and monarchick crown and dignity , and in matters of commerce , wherein all his people are not a little concerned , and that there is now more reason and necessity than ever was that the temporal nobility , the principal and most concerned part of the nation , should , as they did in a parliament at merton , publickly and seriously declare that noluerunt mutare leges angliae . collapsa ruunt subductis tecta columnis moribus antiquis stant res britannae viresque . finis . notes, typically marginal, from the original text notes for div a -e thucidides . regale necessarium per fabian philipps . plowdens commentum . fabian philipps regale necessarium &c. mich. . e. . coram r●gt . mich. . e. . coram rege ro. . bracton in pro●●io . additament . mat , paris . & dr. brady in histor. h. . in appendix . & . dr. stillingfleets origines brittannicae . notes for div a -e a dr. duck de authoritate juris civilis romanorum lib. . spelman . conal . c. . sect. . & . chronicon io. brompton . selden dissert . ad fletam , c. . sect . . b sir j. spelman de vita aelfredi regis . & r. ep. chal●edon . nich. smith appendix . & doctissimae annot. in lib. ejusdem iohn spelman . c chronicon j. brompton . d dr. duck lib. . c. . sect . . & . e ll inae reg. in legib . saxon per ab. whelock & w. lambard , latin. reddit . f chronic. joh. brompton , . g ll alluredi regis . h balaeus & j● . spelm. de vita aelfredi regis . i ll edward● regis . k ll aethelstani regis . l ll edmunds regis m dr. duck de authorit . iuris civilis rom. li. . c . sect . . n sammes brit ▪ antiq. i●●str . , , , . n sammes brit ▪ antiq. i●●str . , , , . o jo. spelman in vita aelfredi , . ex ingulfo p ll edgari 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. johan . in ; in dorso . h pryn's history of k. john , , & . i mat. paris , ad annos , , , & johan . k mat. paris . l daniel , . m daniel . matt. paris . & . o charta reg. johannis in mat. paris , , , , , , . p balaeus de scriptoribus angliae , . & polydor vir gil . lib. . q cokes part institut , , . vide l. i. edwardi confessor , & cart & l. l. s matt. paris . . daniel . u daniel , . x ranulphus cestrenfis , henry de knighton , caxton's chronicle , & y pryns history of the pope's usurpation in england in the reign of king john , . z y pryns animadversions upon the th . part of cokes instit. * daniel , . * daniel , . * m. par. . * h. . * pryns history of the pope's usurpation in england . , . * epist in turre lond. inter record . ibid. * ibid. fo . . * inter recordd anno h. . in turre ●ondon . * magna charta h. . * spelman's glossar ' . * mat. paris . * pryn's animadversions upon coke's . part of the institutes . * m. par. . * pryn's animadversions upon coke's . part of the institutes 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tit. simon de montfort earl of leicester . . ● mat we 〈…〉 - f mat. pari● . f . g ro. claus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in dorso . & ro. pa● . 〈 ◊〉 〈◊〉 〈◊〉 . h m●t. paris . 〈◊〉 〈◊〉 ●●● . i mat. paris . k ro. pat. h. . l daniel in the life of hen. . and , . m 〈◊〉 paris . . n danoel's history in the life . of king h. and matthew paris . . . o dictum de kinilworth anno . . h. . r mat. paris . & . s mat. paris . . r mat. paris . & . s ro. pat. h. 〈◊〉 . m. . intus . t mat. paris & . and peed's hist. of england . u ro. pa● . h. . intus . w ro. claus . ● h. . m. . intus x mat westminster de anno 〈◊〉 . h. . . h. . ca. h. . . ● h. 〈◊〉 . . 〈◊〉 h. 〈◊〉 . . & ● h. . ● . . car. . y sam , daniel in the life and reign of king henry d. . . z spelman's diatriba de baronibus . a placita apud northamptou coram galfrido le scroope & sociis juis justie . itener ' an. . e. . b a sir john ferne's glory of generosity . c littleton's tenuries , cokes . instit. super littleton . d barn. brisson . in basilic . lib. . tit. . 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' s baronage . tom. . . . a dugdale's baronage . tom. . and . b idem ibidem . 〈◊〉 . ● ● . and ●● . c ibid. . and . d ibid . and . e ibid. . dugdale's baronage tom . . f ibid ● . g ibid. . h ibid ● . i ibid. . k ibid . l ibid. . and . m ibid. . n ibid. . o ibid. ● . p ibid . q ibid . r dugdale's baronage . tom. tit . warwick . s dugdale's baronage . tom . t dugdale's baronage . tom and . u dugdale's baronage . tom. . . w seldens titles of honour . x daniel hist. in the life of king r : . y dugdales baronage . tom. . z ibid. . & . a heary 〈◊〉 knighton 〈◊〉 eventibus angliae . lib. 〈◊〉 p. ●● . and ● . b dugdale's baronage tom. . , and . c ibid. p , . d ibid. . ● . e ibid. . f ibid. . and . g ibid. , and . h dugdale ' s baronage . tom. . . i dugdale ' s baronage . . tom. k dugdale's baronage . . and . . tom. l ibid. . m ibid. . n ibid. . o ibid. . p ibid. . q weavers funeral mon. . ex veteri . m. s. r ro. pat. . h. . m. . and . s prophet daniel . ver . and ● . t . e. . u daniel . sir 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mat. paris . a mat. paris . b mat. paris . c mat. paris . . glossat ' du fresne in verbo seu tit . baro . & . isidor ' de orig ' verborum . angustini serm. ad fratres in eremo . lindenbro●ius in legibus eorum . hinckmarus in epist. du fresne tom. . selden tit . honor . . , , , . ll canuti . schwederus part . s. . p. . du fresne glossar ' . cassanaeus in catalog glor ' mundi parte s. . tiraquel de mobilitate & virgilius aened . l'oyseau traite des seignenries . ca. . idem ibidem . ca. . and . eliz. ca. . oath of supremacy . oath of alegiance . marculfi formulae in praefat . marculfi lib. . ca. . bugnonii notae in marculfum . , , , , , . idem ibidem . . selden tit . honor . & in dors claus . . johannis m. . ro. claus . . johannis m. . in dorso . dors. claus . . h. . m. . elsings ancient and modern manner of holding parliaments in england . . and . 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〈◊〉 . & seldens t is . of honor . ro part . mo . e. . ro. vascon . . e. . recneil de tons les traiter entre les potentats de l'europe a nimegne . coke comment ●up littleton . part instit. ca . tit . socage . walsingham hist. e. & sa. daniel hist. e. . daniel in the life & reign of king e. . plowdens comment in le case inter bu●kley & rico thomas . . e. . ro claus m . & vide seldens tit . of honor . ro. pa. . e. . m. . & seldeni dissertatio ad fletam . for sterus de juris prudentia rom. . e. ca . ro. claus. . e. . ro. pat . de an. . e. . m. . de statutis legend & proclamand in cum. cest & alibi . . e . ro cart . m . parte . aut potius parte . m. . clause . anno . 〈◊〉 . . m. . dorso . dugdales or . ju●idic . &c. seldeni noiae in hengham & breton . . e. . britton & ca. . & . sir richard bakers chronicle . speeds hist. of great britain . speeds hist. of england in the reign of king edward the st . and spelmans glos . in catalog . justiciar . walsingham ypodigma neustria . . & . . e. . ro . 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ca. . ca. . ca. . ca. . ca. . ca. . ca. . ca. . . f. . 〈◊〉 . 〈◊〉 . ca. . ca. . ca . ca. . ca. . ca. . ca. . dr. brady in his answer to mr. petit● essential and constituent rights of the house of commons in parliament . fo . . et ro . . e. . ro. scotiae & abinde ad . e. . ro. scutag . . e. . m. . dugdales origines juridic . & catalog . justic. leges anglo-saxoniae translatae per abrah●● 〈◊〉 whilocu● . brompton legibus s ●icis . ch 〈…〉 li●hfielden . ll. gulielmi conquest . in bag● de quo warranto & in r 〈…〉 l. extract de vereditis civit. london pro rege tempore e. . . e. . ca. cokes th institutes ca. . & tit . parliament . fo . . elsiugs ancient and present manner of h●lding parliaments . ca. . . cromptous jurisdictien of courts . . pryns brevia parliamentaria redi viva . . & . daltou● officium vicecomitum . . 〈◊〉 cokes pars instituts 〈◊〉 . parliament . dier fo . ● . plowdens com ment in the case of the earl of leicester . register of writs . . register of writs . fitz-herberts nat . bre . . e. . . articuli cle. . & . register of writs in the case of an abbot . . burnetts hist. of the reformation of the church of england . . part . . ro. claus. . e. . fitz-herberts natura brevium . . elsings ancient & present manner of holding parliaments in england . ca. . . . ro. claus. . r. . in dorso . m. . ro. claus. . r. . . register of writs . & . . 〈◊〉 . . ro. claus. . part . claus . e. . m. . & . in dorso . pryns part regist. of parliamentary writs . . & . idem in his plea for the house of lords . & . sir robert filmers patriarcha or the natural power of kings . p. . pryn's brevia parliamentaria rediviva . . . . ● . 〈◊〉 §. . pryn's brevia parliamentar . rediviva . . . crompton's jurisdiction of courts tit . parliament . pryn's brevia parliamentar . rediviva . . & . . ro. parl. . . . e. . pryn's bre 〈…〉 parliament●ria rediviva . . . . pryn's brevia parliamentarrediviva . . & . pryn's brevia parliamentar . . pryn's brevia parliament●● . rediviva . . . pryn's brevia parl . rediviva . ro. parl . . e. . . r. . ca. . cokes th institutes . . h. . ca. . . el. . ca. . el. . . jac. ro. parl . . e. . & passim in regnis subsequentium regum . e. . & essings manner of holding parliaments . . pryns animadversions upou cokes . institutes tst . parliament . ms. of mr. noy . cokes 〈…〉 institutes . elsings ancient and modern way of holding parliaments in england . . . . pryn's brevia parl . rediviva . . pryn's part of historical collections of the ancient parliament of england . . . . . . . . . . . . . . . . . . . . mat. paris . mr dryden in the vindication of his parallel betwixt the french holy league & the eng● . league and covenant . f. . pryns animadversions upon the th instit . tit . parliament . . & . chron. abb. sci. petri. glouc. . in bib . cotton . . ro. parl . . h. . m. . n . ro. parl . . h. . m. . & pryn in his part of the abridgment of parl. waits . . elsings ancient and modern way of holding parliaments in england . . littletons tenures . sir john fernes glory of generosity . . . . idem ib. . . claudius ctareus de militibus . elsing's antient and modern way of holding parliaments in england . . and . ingulphi historia . . . dugdales monasticon , tom. . . seldeni notae & spicilegium ad e 〈…〉 . & . mat. paris addocta●ent . . seldens tit . honour . . & . seldens title of honour . . cokes . part instit ca. . tit . attornment . ro. & . e. . walsingham hist. angl. e. 〈◊〉 . dugdales baronage . ro. parl. . h. . m. . and dr. bradys answer to mr. pettits book that the house of commons is an essential part of the parliament . du fresne glossar . tom. . ro. claus. . l. . m. . dorso . parts of mr pryns register of parliament writs and th part of a brief register of parliament writs . . ro. parl. . e. . cokes . part institutes . ro. parl. . e. . 〈◊〉 . . varsev●●us de concili● . martinius . martinius & calvin in 〈◊〉 leuis philologi● bracton . martinius . cokes lib . institutes . salamonius de not . gent. bornitius lib. . ca. . novel . . ca. . §. . in epist. ad roman . ●omil . . zechius de principat ad ministriont . bodin de rep. . zanzini de recanati de monarchi de france . pryns brevia parliamentar . rediviva . . & . pryns brevia parliamentar . rediviva . . . e. . m. . ro . claus . ro. claus . . e. . m. . in dorso . elsing's ancient & present manner of holding parliaments in england . . . e. . m. . & . ro . claus . in dorso . . e. . ro . claus . in dorso . . e. . ro . claus . m. . in dorso . ro. claus . . e. . m. . in dorso . . e. . claus . in dorso . m. . 〈◊〉 . e. . ●● . . claus . dorso . . e. . 〈◊〉 . in dors . 〈◊〉 . . . e. . m. . ro . claus . in dors . pryns part of the register for parliament writs . . . . e. . m. . claus . in dors . . e. . claus . m. . in dorso . ro. claus . 〈◊〉 . e. . m. . in dorso . . e. . m. . in dors . ro . claus . ro. claus. . e. . m. . in dorso . . e. . n. . elsing's ancient & present manner of holding parliaments in england . pryns brevia parliamentar . rediviva . . pryns brevia parl. . elsings ancicient and modern manner of holding parliaments in england . elsing . & mat. parker antiquitates ecclesia britanniae . ro. claus . . e. . m. , parte , ro. claus . . e. . parte prima . m. . in dorso . pryns brevia parliamentar . rediviva . . . . . . . . . . e. . n. ● ro. claus . . e. . parte . m. . in dorso . ro. parl . . e. . ro. claus . . e. . m. . in bundell brium . e. . pryns brevia parliamentar . pryns brevia parliamentar . rediviva . . ro pat . . e. . part . m. . e. 〈◊〉 . elsings ancient and modern manner of holding parliaments in england . . . . . pryns part of the register for parliament writs . ● . ro claus . e. . m. . in dorso pryns part of a register of parliament writs . claus . e . m. . in dors . part . . ro parl . e. . elsing's ancient and present manner of holding parliaments in england . . ro. parl . . r. . n. . ro. parl . . r. . ro. parl . . r. 〈◊〉 . n. . . . . pryns part of the register of parliament writs . e. . & . r. . elsings ancient and modern manner of holding parliaments on england . 〈◊〉 . . . . h. . elsing's ancient and present manner of holding parliaments . . h. . elsings manner of ancient and present parliaments in england . & . idem ibidem . . . . elsings ancient and present manner of bolding parliaments in england . . . . . . . and . ro. claus . . e. . m. . & . in dorso . dugdales origines juridiciales . sr john pettus collections . . eliz. ca. . & . eliz. ca. . oath of supremacy . oath of allegiance . journalls of the last parliaments of q. elizabeth collected by heywood townshend a mem 〈…〉 thereof . idem ibidem . . & . fo. . . & . idem ibidem . . ● . idem ibidem . . . . . p. . . . . . ibidem . . idem ibidem fol. ● . idem 〈◊〉 〈◊〉 . idem ibidem fal . . & ● . compton's jurisdiction of c●●rts tit . parliament . p. , . p. , . p. . p. . . and . m. s. of mr. william noy , the learned attorney general of king charles the first . ro. parl. h. . n. . ro. parl. e. . n. . ro. parl. . e. . n. . ro. parl e. . n. . ro. parl. e. . n. . & . ro. e. . n. . & . ro. parl. e. . n. . & . ro. parl. e. . n. . & . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. par. r. 〈◊〉 . n. . ro. parl. e. . n. . ro. parl. e. . n. . ro. parl. 〈◊〉 e. 〈◊〉 . 〈◊〉 . 〈◊〉 . ro. parl. e. . n. . . ro. parl. e. . n. . ro. parl. ● . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . . & . ro. parl. . e. . n. . ro. parl. . n. . ro. parl. . e. . n. . . . ro. parl. . e. . n. . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. 〈◊〉 . e. . n. 〈◊〉 . ro. parl. ● . e. . n. . ro. parl. ● . e. . ro. parl. . r. . n. . . h. . n. . . . ro. parl. . h. . 〈◊〉 . & . ro. parl. . h. . n. . ro. parl. r. . n. . . 〈◊〉 . . 〈◊〉 . ro. . e. . n. . ro. parl. . h. . n. . . ro. parl. . h. . n. . ro. parl. . e. . n. . ro. parl. . e. . n . . ro. parl. . e. . n. . . . ro. parl. . e. . n. . ro. parl. . e. . n. . and . ro. parl. . e. . n. . ro. parl. . e. . n. . . and . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. 〈◊〉 . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n , . ro. parl. . h. . n. . ro. parl. . h. . n. . ro. parl. . e. . n. . & . ro. parl. . e. n. . 〈◊〉 e. . ro. parl. e. . ro. claus. e. . m. . indors . ro. parl. . e. . n. . ro. parl. . e. . n. . ro. parl. . e. . n. . and . ro parl. ● e . n , . ro. parl. . e. . in dors . n. . ro. parl. . h. . n. . ro. parl. . h. . n. . ro. claus. . e. . m. . ro. parl. . e. . ro. parl. . h. . n. . ro. parl. . e. . m. ro. parl. . e. . m. . & cap. . ro. parl. . e. . & . e. . m. . & . r. . pryns fourth part of parliament writs , . . . . ibid. , , , ro. parl. r. . re 〈…〉 of writs , and pryns fourth part of parliament writs , , . h. . c. . considerations touching laws positive and of necessity . martinius . budaeus . ro. pat. . r. . parte . in dorso . pryns animadversions upon cokes institutes , , , , , , . cromptons jurisdiction of parliament . marsellaer de legatis . camdens annals of queen elizabeth . tempore h. . selden tit . honor . cromptons jurisdiction of courts , tit . parliament . cokes twelve reports in the countess of shrewsbury's case . ob countess of ri in his th report . ro. parl. . e. . cooks fourth part of institutes , tit . parl. ll. canuti . ll. edwardi co 〈…〉 or , p. . ll. h. . rot. claus. . e. . in dorso , 〈◊〉 . ▪ mat. paris . ro. claus. . h m . & . ro patent h ▪ 〈◊〉 . m ▪ . 〈◊〉 . ro. claus. h n. . ●at . paris . rot. pat . . e. . rot. pat . . e. . rot. claus. . e. . rot. pat . h. . rot. pat . . e. . rot. pat . . h. . rot. pat . . h. . rot. pat . . h. . exect collection of remonstrances , declarations and messages betwixt his late majesty and the parliament , printed by order of the commons in parliament , . march , . ll. caruti . rot. parl. r. . pryns part of his register of parliament writs . pryns animad . upon cokes instit. rot. parl. cokes institutes . cokes part of the institutes . tit. parliament . rot. parl . e. . ll. canuti , ll. inae , . h. . cap. . rot. parl. . h. . n. , . rot parl. . e. . n. . r. . in the abridgment of the parliament records in english said to be done by sir robert cotton . rot. parl. h. . n. . . rot. parl. e. . n. . rot. parl. . e. . n. . rot parl. . e. . rot. parl . at . r. . esther , ca. , , , . reg. . bracton . cokes instit. . . tenenda non tollenda per fabian philipps . miscalled recompence per eundem . ligeancia lugens pereundem . mr. francis moores reports , richards case . . f. de admin . cod. de pre . imposs . cit. de legibus different . reinoldus curicke de privilegiis , ca. , . & . ca. , . & . r. de caricke ca privilegiis . dr. brady in his history of england , from the first entry of the romans until the raign of king henry the third , and lambart l l. edwardi confessor . . esiber cap. . . . . . h. . elsings anuncient and modern manner of holding parliaments in ergland . . h. . h. . ro. parl. cokes th . part institutes tit . parliament . h. . n. . e. . n. . e. . anno . & . h. . §. . h. . comptons jurisdiction of courts tit. parliament . eliz. in the journal of the house of commons . et elsings annaent , and modern manner of holding parliaments in england , , . & pryns animadversions upon sir edward cokes th part of the institutes . brodon de legibus & consuetudinibus angliae . e. . cap. . cap. . sir john davies concerning the kings customs , and the statute de tallagio non concedendo . rot. parl. e. . eginard en la vie de charlemaigne . e. ca. . eginard en la vie de charlemaine . r. . ca. . car. p 〈…〉 i. perot . scalig. lib. . poetic . donatuc . d. lib. tit . . . and in instit. lib. . tit . . l. f. de statum bom . § . lib. 〈◊〉 tit . . leg. . f. de usu fruct . pe● l. . seneca . m●●ti●ii lexicon . 〈◊〉 〈◊〉 . du fr●s●● . gibie●● de libertate dei & creaturae . reynoldus curick de privilegiis , p. . iudem , cap. . p. . & . & ● . h. . ca. . sir john spelman in vita aelferdi regis . et mat. paris . l. l. canuti . h. . ca. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . ro. parl. e. . reg. ca. . v. , , . l. l. canuti . ro. claus. johannis . selden . dissert . ad fletam & fleta , ca. . e. . l. l. canuti . pryns collection of the ancient parliaments . seldeni notae in histor . eadmeri . sir john spelman in viea ●●redi regis . a ●ales eginard 〈…〉 〈◊〉 de 〈◊〉 〈◊〉 a 〈…〉 〈◊〉 , p 〈…〉 . . & . ro. parl. . e . pryns collection of the ancient parliaments . h. . daniel in the life of king h. . h. . h. . daniel ibidem . walsingham ypodigm . neustriae . hovedon parte posteriore . mat. paris . mat. paris & daniel in the life of king henry . mat. paris . e. . 〈◊〉 . . ro. claus. dors . e. . ro. claus. in dors . m. . exodus ca. & ca. . ibidem ca. . elsings ancient and present manner of holding parliaments in england . . e. . ca. . e. . ca. . ro. parl. . e. . & r. . e. . e. . e. . e. . e. . 〈◊〉 . e. . 〈◊〉 ▪ e. . 〈◊〉 e. . r. . h. . h. . h. . e. . r. . h. . h. . e. . mar. eliz. jac. car. . exact collection of proceedings in the parliament from the d. of november . until the moneth of june car. . spelmanni glossar . du fresne glossar . h. . ca. cokes th part institutes . walsingham hypodigma neustriae in vita e. . & ro. parl. c 〈…〉 s d part institutes . r. . aitzema's re volutions of the united provinces . mr. william pryn. cokes th part institutes . walsingham hist. e. . p. . walsingham in histor. e. . . cromptons jurisdiction of courts . tit . parliament . the kings answer to the parliament 〈◊〉 in 〈◊〉 , col 〈…〉 tions . pryns preface to the exact of the ●ecord , in the . cromptons jurisdictions of courts , and cokes institutes . republick of venice . seldens titles of honour . ro. parl. . e. . . e. . dr. brady in his history of england , from the roman , british , saxon , danish and norman times , until h. . e. . ro. parl. . e. . r. . h. . . h . ro. parl. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . h. . e. e. . e. . e. . e. . ro. parl. . e. . ro. parl. . e. . n. . e. n. . & . ro. parl. . r. . ro. parl. . r. . chroms litchfield . l. l. edward confessors . rushworths historical collections , or pryns confuted modus 〈◊〉 parliament . selden tit . honor . part . . pag. . pryns confutation of that 〈…〉 dus p. . heywo●d town●send reports of the four last years of queen elizabeths raign . ro. parl. h. . ro. parl. . & h. . m. . declaratio ordinum hollandie & west-frisi● , printed at leyden , . spelman . glossar . dr. brady in his history of those times . pryns confutation of the fabulous modus tenendi parliamentum in his brief register of parliament writs . l. l. edwardi confessor . dr. brady's compleat history of england until the end of the raign of king henry the third p. . & . livy . tacitus in vita agricolae . l. l. aluredi . l. l. edwardi regis . dr. brady's history of england , p. . & . ro. parl. r. . rushworths historical collections . reynoldus curick . du fresne glossar . gibieuf de libertate dei & creatur . ro. parl. dr. brady's history of england & quadilogus plutarch in v●●a solonis petrus cunaeus de republica h 〈…〉 m ll. athelstani dr. brady's history of england . seldens tit . honor . mat. paris . dr. bradys history of england p. . ro. pat . . johann . m. . dors ro. pat . . johannis m. . in dors. pryns th part of the register of parliamentary writs . ro. parl. e. . petition of the lords and commons to his majesty at hampton court th of december . petition to the house of commons . husbands collections of proceedings in parliament pryns soveraignty of parliaments . john whites politick catechism . henr. de bracton in pro●●io . e. . the propositions sent unto the king the d of june . rushworths historical collections . genesis ca. . v. . esther ca. . v. , . copy of the bill of exclusion in the paper seized in the earl of shaftsbury's closet in anno . animadversions on a book called the theory of the earth . dr. brady in the history of king henry the third . hookers ecclesiastical policy , & isaack walton in vita ●jasdem . mat. paris . ll. edwardi confessor . & chronicon l●●●●f●ilde●s . custum●s de b●●taigne ●n f●●ncep . . . ● . an humble desired union betweene prerogative and priviledge shewing, that if one draw too hard one way, and the other another, the whole common-wealth must be in danger to be pull'd in sunder. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an humble desired union betweene prerogative and priviledge shewing, that if one draw too hard one way, and the other another, the whole common-wealth must be in danger to be pull'd in sunder. taylor, john, - . [ ], p. by richard olton, imprinted at london : . signed: john taylor. illustrated t.p. reproduction of original in thomason collection, british library. eng divine right of kings. great britain -- history -- charles i, - -- sources. a r (wing t ). civilwar no an humble desired union betweene prerogative and priviledge. shewing, that if one draw too hard one way, and the other another, the whole co taylor, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion an humble desired union betweene prerogative and priviledge . shewing , that if one draw too hard one way , and the other another , the whole common-wealth must be in danger to be pull'd in sunder . the serpent amphisbena . this double headed serpent is a wonder , it drawes two wayes , and teares the womb in sunder : the wofull emblem of a troubl●d state , vvhere civill warres doe threat to ruinate . imprinted at london by richard olion . . an humble desired union betwixt prerogative and priviledge . concord or discord have bin , are , and will be either the raising or ruine of kingdoms , and common-wealths . and as heads are too many for one body , ( as the picture of the african serpent shewes ) eitheir to rule or to be ruled when the wills and affections are violently extended to contrary attractions then such distractions are the fore-runners of destructions ; and what true english understanding heart doth not moane , grieve and is fild with horror and amazement to see know , and feele the calamitie of this somtimes flourishing famous renowned kingdom to see it transform'd into an acheldama , & so many of our fertile fields and pastures turn'd into the horrid shapes of so many golgotha's , this land that hath had so many innumerable undeservd blessings from god , that it hath long bin admired of , and esteem'd the eden , or paradice of the world , the support to all our forraign friends and the scourge and terror of our enemies , to be so suddainly chang'd and metamorphosed , so rent and torne with factions divisions and contentions that her peacefull bowels are ript up and her intrailes plow●d with the slaughtering swords of her owne unnaturall and undutifull sonnes when gods commandements which were wont to be the rule and guide of all our actions are now slighted contemn'd and trampled under foote , when too many doe preach and teach the breach of both the first and second table , and in stead of exhorting men to peace and unity , they thunder and bluster warre and blood-shed : but all the world may know that such pastors and teachers were not sent by him whom they pretend and fainedly seeme to serve , for the eternall prince of peace never gave any of his servants any command or commission to raise warre , ( especially domestique , civill vncivill warre , and surely those nimble talking tong-men that talke so hotly of battailes , they would not willingly be at one themselves , and th●y doe know chat a whole skin is a good cover to sleepe in . the weapons that gods ministers should use in their warfare , was wont to be praiers and teares onely ; all the persecuted and martyr'd protestants that suffered in the bloody raigne of queene mary , had no other armes to oppose authority ; noe imprisonment , banishment , losse of goods , fathers , mothers , wives , sons , daughters , kindred or friends , could shake their loyalty ; no racks tortures , or tyrannicall torments , nor death in most cruell waies of flame , fire and faggot , could alter the allegiance of protestants in those times , so that there was not any one of them did attempt at any time to raise divisions to disturbe either the queene or state ; therefore if we be of the same ancient religion which they then profest , and hath bin since maintained these yeares in this kingdom , then we have more reason then they had to be obediently thankfull for it , because we do ( or may ) enjoy the blessings and benefits of it in secure peace and tranquillity which they could not . love is the livery which the servants of our saviour doth weare , for he saith , by this shall all men know that you are my disciples if yee have love one to another , joh. . . now love and peace have no communion or fellowship with war , especially in one and the same kingdom , betwixt one and the same nation , pretending to professe one and the same religion : nor do these men shew themselves to be christs ministers or disciples that stir up division betwixt us , for every kingdom divided against it selfe shall be brought to nought , and every city or house divided against it selfe shall not stand : mathew . . in the raigne of king richard the first , ( surnamed cor de lyon or lions heart ) there was a bishop in this land that rebelled against the king who was taken in a battell and clap't in prison , the newes of the bishops imprisonment being carried to rome , the pope ( benedict the ) sent a letter to the king for the bishops inlargement , wherein hee declared that the bishop was a servant of god , a reverend father , and likewise the pope wrote that hee was his sonne : to which letter the king returned an answer to the pope to this effect , may it please your holynesse , if this be a habit or coate for a church-man , and one of your sonnes , i pray you judge , for i tooke him fighting in this coat of compleate armour : the king thus sending and the pope seeing the armour sent this replie , may it please your majestie , such a garment as this belongs to no son of mine , and therefore as he is in prison , there let him lie for me . it were well if every man and woman were at deadly warre with their transgressions , such a warr would make our peace with god , and the god of peace would give us the blessing of his peace , which passeth all understanding . how can peace be expected if we continue in our wickednesse and wallow in impieties , esteeming peace at that low rate as if it were not worth the praying for , or the desiring for without any command from authority , some strange opinioned men have thrust out of the church that needfull prayer , give peace in our time o lord ; almighty and most merifull father , is omitted and neglected , the creede is left out , and unbeliefe and infidellity hath intruded too much into the roome of it and the commandements are not repeated , and in the place of all these is crep't in a confused masse of toutalogicall long-winded repetitions , with the fearefull instigations and incitements to provocations of hostility and mischiefe . mr. iohn stow relates in his chronicle , pag , that in the yeare of queene elizabeths blessed raigne , anno . on the and of iune , one elias thacker and one iohn copizg were hang'd at st edmondsbury in suffolke for dispersing libells and pamplets against the booke of common prayer , which were written by one iohn browne one of the first mad apostles of the sect of the brownists . there are no protestants but will confesse , that that queene ( of happy and famous memory ) was a true defendresse of the faith professed by the protestants , that she hazarded her life for it divers times , in the bloody raigne of her sister and in the whole course of her yeares raigne many romish treasons were plotted and attempted against her only because she maintained that booke , which was then no masse-booke ( though now it be esteemed so ) and if any popery had bin then perceived to be in it , that glorious and godly princesse would never have protected it , neither would two great protestant kings ( since her reigne ) have profest and maintained it yeares , yet i am of opinion that somethings may be omitted in it some things reform'd some things dissolv'd , but the most correspondent to scriptures manners and good life , i hope shall be ever upheld and maintained by all understanding protestants . thus the vaine scattering opinions of some selfewill'd , some ignorant , some ambitious , some presumptuous , and some malitious , turbulent spiriits have drawne the church and state several wayes , that the poore common-wealth ( which is the body of the kingdome ) is almost pulld in twaine , as is emblematically shewed in the picture of the two headed serpent . there are too great a number that have gotten the wisdom of the old serpent but there are few that are possest with the innocency of the dove , the old serpent is a malitious breaker of peace and a diligent laborer for warre , his onely businesse is to make us wicked and he knowes that for the sinnes of a people god sends war for a punishment , kings . , . he knowes warre doth plunge a nation into misery and that the breach of all gods lawes is attendant upon warre , and inseparably joyne with it ; pride ( like a gentleman usher ) goes before destruction odious swearing impious prophanation , damnable disobedience , execrable murders , shamelesse adulteries , incests , rapes , and deflorations , lawlesse stealing and plundering and all the crimes and calamities that may bring poor and miserable mankind to distruction are incident to warre , and continuall waiters on mars and bellona . yet there is nothing more uncertaine then the events of warre nor is there any thing more unsure then the successe of a battell for though it be never so prudently pondered by the most wise and valiant counsell of the best and most expert leaders , though the plot be contrived by the best iudgments of the most knowing commanders , as how to gaine the advantage of ground wind , sun , how the front , van , reare , flanks , wings , and body of an army shall or may prevaile and be victorious ; yet all these serious consultations have found most strange alterations , and as a man that presumes to reckon without his hoste is quite out and must begin againe , for . they are most blind , with ignorance besotted , vvho think warrs councell in a chamber plotted , must be so acted with the dint of sword , as it was wisely talkd of at the board me thinks the proverbe should not be forgot , the warrs are sweet , to those that knowes them not . but if there were any sweet content in warre , it may rather be , so either in a forraigne warre abroade against turkes , infidels , iesuiticall papists , or any of gods and our nations enemies such warrs as those may not onely be tolerable , but commendable , profitable , and honourable ; but for englishmen , for brittaines , for protestants , to warre against protestants , the fathers against their sonnes , and the sonnes against their fathers , when one brother shall sheath his sword in the bowells of another , when a king is against his subjects ; and subjects against their soveraigne , this kind of warre is unpleasing to god , and a good king , unprofitable distastfull to true and loyall subjects , and dishonourable to all . god forbid that prerogative of kings should be too much stretched or diminished any way , or that priviledge should shrink to enslave or pinch the liberty of free-borne subjects : our king doth know that if he defend the faith the faith will save him : and he further knowes that he must maintaine his lawes , or else his lawes cannot defend him : the king knowes , that though kings are called gods on earth yet they are but gods of earth ( or earthen gods ) and loyall subjects do obediently love and honour the king . good kings may be compared to lightning because as lightning doth never hurt wooll or any soft unresistable substance , but it violently penetrates , breakes and melts trees rocks , and mettalls , so a good king doth never proceed in wrath against milde and gentle natures . i would we could thinke upon the great mischiefes that the divisions betwixt scilla and marius brought to the roman empire , the massacres that long continued in italy betweene the guelphes and gibelines , or the unnaturall dissension that bloodily embrewd this kingdom and od yeares betwixt the royall families of yorke and lancaster , and as brothers in one house do often jarre and disagree , yet if one of them be injured by a stranger , the other will take his part , so let all english-men or britaines , king and subjects , great or small ( like brothers ) take it to heart how they are all abused ( by the common enemy ) the rebells in ireland , and god grant that the king may be defended from all false friends and fierce enemies , that we may all be united in peace here , and jointly and unanimously relieve the opressed and distressed calamities under which our poore protestant brethren have so long suffered , and do still groane under in ireland . these shall be the daily prayers and humble desires of iohn taylor . finis . divers historicall discourses of the late popular insurrections in great britain and ireland tending all, to the asserting of the truth, in vindication of their majesties / by james howell ... ; som[e] of which discourses were strangled in the presse by the power which then swayed, but now are newly retreev'd, collected, and publish'd by richard royston. howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) divers historicall discourses of the late popular insurrections in great britain and ireland tending all, to the asserting of the truth, in vindication of their majesties / by james howell ... ; som[e] of which discourses were strangled in the presse by the power which then swayed, but now are newly retreev'd, collected, and publish'd by richard royston. howell, james, ?- . [ ], p., [ ] leaf of plates : ill. printed by j. grismond, london : . "the first tome" engraved illustrated t.p.: the people is a beast which heads hath many, england of late shew'd this more then any. "no more published"--nuc pre- imprints. each essay has separate t.p. imperfect: bodleian library copy ( : ) lacks t.p. and frontispiece. reproduction of originals in the bodleian library and the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. political science. great britain -- history -- civil war, - . ireland -- history -- rebellion of . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion divers historicall discourses of the late popular insurrections in great britain , and ireland , tending all , to the asserting of truth , in vindication of their majesties ; by iames howell esquire ; som of which discourses were strangled in the presse by the power which then swayed , but now are newly retreev'd , collected , and publish'd by richard royston . the first tome . london , printed by i. grismond . . belua multorum capit●…m plebs vana vocatur , plus satis hoc angli ●…uper docuere popelli . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ i : h : the people is a beast which heads hath many , england of late hath shew'd this more then any . to his majesty sir , these historical discourses ( set forth in such variety of dresses ) having given so much satisfaction to the world for the asserting of truth , in vindication of your royal father of ever blessed memory , and som of them relating also to your majesty , i humbly conceiv'd might be proper for your majesties perusal & patronage . concerning the author therof his name needed not to have bin prefix'd , he being so universally well known and distinguishd from other writers both at home and abroad by his stile , which made one of the highest wits of these times say of him , author hic ex genio notus , ut ungue leo. god almighty blesse your majesty with a continuance of happiness , and daily encrease of glory , so prayeth your majesties most loyal , and humble subject , royston . a catalog of the severall peeces that are here contain'd . i. a dialog twixt patricius and peregrin presently after kintonfield battaile , which was the first book that came forth for vindication of his majesty . ii. the second part of that discours . iii. a seasonable advice sent to philip late earl of pembrock , to mind him of the severall solemn oaths wherby he was bound to adhere to the king. iv. a manifesto sent in his majesties name to the reformed churches , and princes beyond the seas touching his religion . v. apologs , and emblemes , in whose moralls the times are represented . vi. of the land of ire , or a discours of that horrid insurrection in ireland , discovering the tru causes therof . vii . the sway of the sword , or a disurs of the common militia or soldiery of the land , proving , that the command therof in chief , belongs to the ruling prince . viii . an italian prospective , through which england may discern the desperat condition she stands in . ix . a nocturnall progresse , or perambulation of most countries in christendom . x. a vindication of his majesty touching a letter he writ to rome from madrid , in answer to a letter which pope gregory the th . had sent him upon passing the dispensation for concluding the match . xi . of the trety of the i le of wight , and the death of his majesty . xii . advise from the prime statesmen of florence , how england shold come to her self again , which can be by no other means under heaven , but by calling in the king , and that , in a free confident way without articles , but what he shall be pleas'd to offer himself . the tru informer , who discovers to the world the first grounds of this ugly rebellion and popular tumults in england , scotland , and ireland . deducing the causes therof in an historicall discours from their originall . — neutrum modò , mas modò vulgus . written in the prison of the fleet anno . casuall discourses , and interlocutions betwixt patricius and peregrin , touching the distractions of the times , vvith the causes of them . patricius . surely i shold know full well that face and phisnomy : o heavens ! 't is peregrin . gentle sir , you are well met , and welcom to england , i am heartily glad of your safe arrivall , hoping now to apprehend some happie opportunity whereby i may requite part of those worthy favours i received from you in divers places t'other side side of the sea. peregrin . sir , i am as joyfull to see you , as any friend i have upon earth ; but touching favours , they deserve not such an acknowledgment , i must confesse my self to be farr in the arrear , therfore you teach me what i shold speak to you in that point : but amongst other offices of friendship you have bin pleased to do me from time to time , i give you many thanks for the faithfull correspondence you have held withme , since the time of our separation , by intercours of letters , the best sort of fuell to warm affection , and to keep life in that noble vertue friendship , which they say abroad , is in danger to perish under this cold insulary clime for want of practise . patricius . truely , sir , you shold have had an account of matters hence more amply and frequently , but that of late it hath bin usuall , and allowed by authority , to intercept and break open any letters ; but private men need not complain so much , since the dispatches of ambassadors , whose p●…ckets shold be held as sacred as their persons , h●…ve bin commonly open'd , besides some outrages offered their houses and servants ; nay , since their maj●…sties letters under the cabinet signet have bin broke up , and other counterfeit ones printed and published in their names . peregrin . indeed i must confesse the report hereof hath kept a great noise abroad , and england hath suffered much in point of national repute in this particular ; for even among barbarians , it is held a kind of sacriledge to open letters ; nay , it is held a baser kind of burglary , then to break into a house , chamber , or closet : for that is a plundering of outward things onely , but he who breaks open ones letters which are the idea's of the mind , may be said to rip up his brest , to plunder and rifle his very brain , and rob him of his most pretious and secretest thoughts . patricius . well , let us leave this distastfull subject , when these fatall commotions cease , this custom , i hope , will be abhorred in england : but now , that you are newly arrived , and so happily met , i pray be pleased t●… make me partaker of some forraign news , and how the squares go betwixt france and spain , those two great wheels , that draw after their motion ( some more , some lesse ) all the rest of the western world : and when you have done , i will give you account of the state of things in england . peregrin . i thought you had so abounded with domestick news , that you had had no list or leisure to hear any forrain ; but to obey your commands , you know that i have been any time these six years a land-loper up and down the world , and truly i could not set foot on any chr●…stian shore that was in a perfect condition of peace , but it was engag●…d either in a direct , 〈◊〉 or collaterall war , or standing upon it's guard in continuall apprensions and alarmes of fear : for , since that last flaming usher of gods vengeance , that direful comet of the yeer . appear'd in the heavens , some malevolent and ang●…y ill-aspected star hath had the predominance ever since , and by it's maligne influxes , made strange unusuall impressions upon the humors of subjects , by inci●…ing them to such insurrections , revolts , and tumults ; which caused a jewish rabbi to say lately , that it seems the grand turk thrives extraordinarily in his devotions , it being one of his prime prayers to mahomet , that he shold prevaile with god almighty to continue disentions still among christian princes . and truly , as the case stands , one may say , that the europaean world is all in pieces ; you know well with what fearfull fits of a high burning fever poor germany hath been long shaken , which hath wrought a lethargie in some of her members , by wasting of the vital spirits which shold diffuse themselves equally through that great body ; and how she st●…ll ●…ostereth a cold northern guest ( the swed ) within her bosom , and is in 〈◊〉 fear of a worse from the levant : in the netherlands one shall hear the half-starv'd souldier murmur in every corner , and railing against his king , and ready to mutiny for want of pay . in france you shall see the poor asinin peasan half weary of his life , his face being so 〈◊〉 grownd , ever and anon with new tallies . you know ther are som soverain princes , who have a long time wandred up and down in exile , being outed of their own anti●…nt patrimoniall territories , and little hopes yet , god wot , of restoring them . the world knows how savoy is become of late a kind of province to france ; nay , spain , who hath been so dexterous to put her neighbours ogether by the eares , and to foment war a far off , to keep her own home secure , is now her self in the midst of two fearfull fires , kindled on both sides of her by quite-revolted subjects , viz. the portugues and cat alan , which so puzzles her , that shee cannot tell what saint to pray unto . the venetian also , with the pope , and all the princes of italy , are arming apace ; the hollander onely , salamander like , thrives in these flames : and as i have heard of some that by a long habitu●…l custom could feed on poyson , and turn it to nourishment , so hans alone can turn war to a trade and grow fat by it . now , sir , being weary of eating my bread in such a distracted world abroad , and hoping to take some sweet repose in england , i find that shee is in as bad a case , if not worse , then any other . so much news i give you in a lump , i will be more particular with you som other time , if you please to spare me now . patricius . i hear , not without much resentment , these pithy expressions you have been pleased to make of the torn estate of europe abroad ; and since you mention that blazing star , i remember what a noble knight told me some yeers ago , that the astronomers , who lay sentinel to watch the motion and aspect of that comet , observ'd that the tail of it having pointed at divers climats , at last it seem'd to look directly on these north-west i lands , in which posture it spent it selfe , and so extinguish'd ; as if thereby it meant to tell the world , that these islands should be the stage whereupon the last act of the tragedie should be play'd . and how many scenes have passed already , both here and in ireland , we know , god wot , by too too wofull and fresh experience . peregrin . there is a saying when your neighbours house is on fire , by it's light you may see in what danger your own stands : and was england so blind and blockish , as not to take warning by so many fearfull combustions abroad ? when i took my leave last of her , i left her in such a compleat condition of happines , both in court , country , city and sea , that shee was the envie of all europ , in so much , that that golden verse might be fi●…ly applied to her then golden times , mollia securae perage●…ant otia gentes . the court was never so glorious , being hanselld every yeer almost with a new roya●… off-spring ; the gentry no where more gallan●… and sportfull ; the citizen never more gorgeous and rich , and so abounding with treasure , bullion and buildings , that no age can parallel ; commerce , inward and outward was never at that height ; the customes increasing every yeer to admiration ; the narrow seas were never guarded with braver ships , nor the navie royall for number of vessels and magazines of all sorts of materials was ever so well replenished ; the universities had never such springing dayes : and lastly , the church did so flourish , that amongst the rest of the reformed churches of christendome , i have heard her call'd the church triumphant . besides , ireland was arriv'd almost to the same degree of prosperity , for all the arrerages of the crowne were paid , and not a peny sent hence for many yeeres to maintain the standing army there , or for any other publick charge , as formerly ; trafique came to that mighty height of encrease , that in few years the crown customes and imposts came to be five times higher . in fine , ireland was brought not only to subsist of her selfe , but inabled to contribut towards the filling of the english exchequer , and to make some retribution of those vast expences the crown of england hath been at any time these yeeres to reduce her to civility ; her boggs were almost all dry'd up , and made good land ▪ her mudde-walls turn'd apace to brick in divers places , so that in one sommer that i fortun'd to be there , above . new brick-houses were built in one towne . but it hath been the fate of that island , to be 〈◊〉 neer a condition of a setled , happiness , and yet to have some odd accident still intervene to crosse it . in conclusion , there wanted nothing to make england and her united crowns so exactly blessed , that she might have assumed the title of one of the fortunat islands . good lord , how comes it to passe , that she is now fallen into such horrid distempers , and like a distracted body , laying han●…s upon her self , would thrust the sword of civil war into her own bowels ? i beseech you , sir , impart unto me the true cause of this change ; for i know none so capable to do it as your self . patriciu●… . infandum , peregrine , jubes renovare dolorem : first , sir , in the generall you know , that it is with the regions upon earth , as it is with those of the ayre , sometimes we have a clear azur'd skie with soft gentle ventilations , and a sweet serenitie the whole hemesphere over ; at other times we know the face of the heavens is over-cast with frowns , with frog vapors , and thick clouds of various shapes , which look like monsters , hovering up and down , break at last into thunder and fulgurations , and so disquiet and raise a kind of war in the aereall common-wealth . just so in the regions that are dispers'd up and down this earthly glo●…e , peepled with men ( which are but a composition of the elements ) you have sometimes a gentle calm of peace and quietude , with a general tranquillitie all the countrey over ; at other times you have ugly mishapen clouds of jealousies , fears , and discontentments rise up , which break out at last into acts of disobedience , rebellion , and fury . and as those aereall meteors and monsters above , are ingendered of those watery fogs and mists which are drawn up out of fennie and rotten low grounds here upon earth ; so in the region of the mind , the ill vapors which ascend to the brain from rotten and impostumated hearts , from desperate and mal●…-contented humorists are the causes of all civil commotions and distempers in state. but they have much to answer for in the world to come ( though they escape it in this ) who for any private interest or respect whatsoever , either of promotion , vain-glory , revenge , malice , or envie , will embroyl and plunge their own native country in any publick ingagement or civil war , by putting a partition-wall betwixt their soverain prince and their fellow-subjects . truely , in my opinion , these may be called the worst kind of betrayers of their countreys . but i am too far transported from satisfying your request in relating the true causes of these calamities , i will now fall to work , and bring you to the very source of them . ther is a pack of perverse people ( composed for the most part of the scummie and basest sort ) multiplied in england , who by a kind of natural inclination , are opposit so point blank to monarchy in state , and hierarchy in church , that i doubt if they were in heven ( whither 't is to be fear'd they run a great hazard ever to enter , it being a rule , that he who is rotten-hearted to his king , can never be right-hearted to his crea●…or ) i say if these men were in heven , they w●…uld go near to repine at the monarchical power of god almighty himself , as also at the degrees of angels , and the postures of holiness in the church triumphant . they call every crotchet of the brain , tenderness of conscience forsooth : which being well examined , is nothing else but a meer spirit of contradiction , of malice and disobedience to all higher powers which possesseth them . ther are no constitutions either ecclesiastical or civil can please them , but they wold cast both into such and such a mould , which their crack'd brains wold fain devise , yet are never able to bring to any perfection ; they are ever labouring to bring religion to the dock , and to be new trimm'd , but they wold take down her fore-castle , and scarce allow her the kings armes to adorn her : they are great listners after any court-news , and prick up their ears when any thing is spoken of king , queen , or privie councellour , and are always ready , though upon loose trust , to take up any report whereby they may whisper in conventicles and corners , and so traduce the government . these great z●…lots use to look upon themselves most commonly through multiplying glasses , which make them appear to be such huge santons , that it renders them not onely uncharitable in their opinions of others , but luciferian-like proud in their own conceit , insomuch that they seem to scorn all the world besides , beleeving that they are ●…he only elect whose souls work according ●…o the motion of the spirit : that they are ●…he true children of promise , whose faces alone look towards heven ; they are more pleased with some new reach or fancy , ( that may puzzle the pericranium ) than a frenchman is in some new faction in cloathing : they are nearest to the nature of the jew of any people upon earth , and will converse with him sooner than with some sort of christians ; and as in their pharisaicall dispositions they symbolize with the iew , so in some of their positions they jump pat with the iesuit : for though they are both in the extremes , and as contrary one to the other , as the points of a diameter , yet their opinions and practises are concentrique , viz. to depresse regall power ; both of them wold bind their kings in chaines , and the nobles in links of iron ; they both deny all passive obedience , and as the one wold have the morter of the temple tempred with blood , so the other wold beat religion into the brain with the poleaxe . their greatest master-piece of policy is to forge counter●…eit news , and to divulge and disperse it as far as they can to amuse the world , for the advancement of their designs , and strengthing their party : but the iesuit doth it more cunningly and modestly , for he fetcheth his news from far , so that before the falshood of it can be contrould , his work is commonly done , and the news forgotten ; but these later polititians use to raise lies hard by home , so that the grosseness and palpablenesse of them is presently discovered . besides , to avoid the extremes of the other , these later seem to fall into flat prophanness , for they may be called a kind of enemies to the very name , crosse , and church of christ. touching the first , they repine at any reverence to be done unto the name of jesus , though spontaneous , not coercive . for the second , which was held from the beginning to be the badg and banner of a christian , they cry up the crosse to be the mark of the b●…ast ; and for the last , viz. the church , they wold have it to be neither beautifull , holy , nor amiable , which are the three main properties that god requires in his house . to conclude , when any comes to be season'd with this sower leaven , he seems to degenerat presently from the nature and garb of a gentleman , and fals to be of a sordid and low disposition , narrow hearted and close handed ; to be timerous , cunning and jealous , and far from the common freedom , and sweetness of morall society , and from all generous and loyal thoughts towards his king and country . these , these have bin the chiefest machinators , and engeneers englands unhappy divisions , who viper-like have torn the entrailes of their own mother their dear country : but ther were other extern concurrent causes , and to find them out , i must look northward , for there the cloud began to condense first ; you know sir , the scot's nation were ever used to have their king personally resident amongst them , and though king iames by reason of his age , bounty , and long breeding there , with other advantages , drew such extraordinary respect from them , that they continued in good conformity : yet since his death , they have been over-heard to mutter at the remotenesse and absence of their king , and that they shold become now a kind of province by reason of such a distance : some of their nobles and gentry found not at the english court , nor at his majesties coronation in edenburgh that countenance , familiarity , benefit and honours which haply they expected , and 't is well known who he was , that having been denied to be lorded ( david lesley ) took a pet , and went discontented to his country , hoping that some title added to the wealth he had got abroad , should have purchased him more respect . these discontented parties tamperd with the mercenary preachers up and down scotland , to obtrude to the p●…ple what doctrines they put into their mouthes , so that the pulpits every where rung of nothing but of invectives against certain obliquities and solaecismes ( and i cannot tell what ) in government , and many glances they had upon the english church : yet all this while there was not matter enough for an insurrection , nor to dispose the peoples hearts to a mutiny ▪ until by the policy ( as some affi●…med ) of the said discontented party the english lyturgie was sent thither : this by the in●…itement of those fiery pulpiteers , was cryed up to be the greatest i doll that possibly could be brought into their kerke , insomuch that when it was first offer'd to be read , the woman and ba●…er sort of mechaniks threw stooles and stones at the bishops heads , and were ready to tear them in peeces ▪ and here began the storm . 〈◊〉 majesty having notice hereof , sent a most gracious proclamation , signifying , that whereas he had recommended that book to be practis'd amongst them , wherein he himself served god almighty twice a day , he did it out of a pious endeavour to breed an uniformity of publick divine service in all his dominions , specially in that his native kingdom . but since it had produced such dangerous effects , he was contented to revoke it absolutely ; for it was never his purpose to press the practise of the said book upon the consciences of any , he did onely commend , not absolutely command , the use of it ; therefore he exhorted and required that every one unto whom it had given any scandal , shold return to his pristine obedience , and serve god as formerly , offering herewith a gracious pardon , and to passe an act of amnestia for an abolition of all faults passed . peregrin . and would not this suffice ? in naturall motions we find that the cause being taken away , the effect ceaseth , and will not this hold in civil actions ? patricius . no , this wold not serve the turn , but 〈◊〉 was a further reach in it , and for an inch to take an ell : you know the scots since 〈◊〉 single lion came to quarter with our three , are much elevated in their spirits , more respected , emploied and trusted abroad , they are heightned in their resolutions and aims , and will questionless be daily more and more . you have heard of a mine that reach'd from our exchequer to edenburgh . and i beleeve you have not forgot boccolinies balance , that was shewed us in italie , wherein lorenzo de medici weighed all the states of christendom , and throwing in england amongst the rest , you know how much he made her to weigh less by this addition . the former proclamation i say , and pardon would not suffice , but they took opportunity to fish in those troubled waters , and vent their spleen further , by an utter extirpation of episcopacy , and by trampling the mitre under their feet , hoping to have som of the birds plumes , being pluck●… , to feather their own nests ; and they brought their work about ; good lord , what a deal of dirt was presently thrown into the bishops faces by every rurall pettie clerk ! what infamous ballads were sung , what a thick clowd of epidemical hatred hung suddenly over them , so far , that a dog with black and white spots was called a bishop amongst them up and down the streets . the chiefest contrivers of this up-roare , ●…inding their design to go on so well , and perceiving the whole country so eagerly bent against bishops , ( and what artifices and suggestions were us'd to render them so odious is incredible ) but finding withall his majestie unwilling to alter the government his father ( of so fresh and famous memory ) had left him , and to which he had bin sworn at his coronation , they put themselves in arms , and rais'd forces to beat down the mitre with the sword , if the scepter would not do it . to the frontiers they came with a great army , ( not half so great as was bruted ) pretending they came as petitioners ( though they brought their petition upon the pikes ▪ point , ) some of the great ones ▪ about the king grew cold in the action : and what a pacification was then shuffled up , and how a parliament was called thereupon in scotland , with other passages , is a fitter subject for a story then a discourse . peregrin . i could have wished two things , that either his majesty had given them battail then , having the flower of his nobility and gentry with him , who i understood came with all cheerfulnesse and pomptitude to attend him , or else that after the said pacification , his majestie had shaken off all jealousies , and with a royall freedom and a commanding confidence gone amongst them to hancell their new parliament house at edenburgh ; for it is probable , it had averted those showers and cataracts of ●…miseries which have fallen ●…pon us since ; but i pray sir , proceed . patricius . as they say , there is no wind but blows some-body good , so it was thought , this northern clowd did england some advantage , for a parliament was summond hereupon : a parliament do i call it ? it was rather an embryo of a parliament , an ephemeran of ▪ days . in this sitting his majesty declared unto both houses the indignities he had received by his scotch subjects , and therefore propos'd a supply to be made of twelve subsidies to suppress that rebellion ; and in lieu thereof he was willing to forbear and utterly to abolish the ship-money , which he had reason to think legall at first , being advised thereunto by noy his attorney generall , who had such a mighty repute in the law ; yet he would not rest ther , but he advised further with his learned councell , who concurred in opinion with noy ; nor wold he rest ther also , but he had the approbation of all the iudges singly , and afterwards of nine of the twelve jointly upon a demur . this was enough to induce his conscience to hold it legall all this while ; it was clearly proved that the moneys levied this way , were employed to no other but the intended service , the garding of the narrow seas ; and not onely for that , but to preserve his right of dominion in them , being the fairest flower of his crown , which was not onely discoursed of abroad , but began to be questioned by the french cardinall : and touching danger , how could england be but in apparant dangers ? consideri●…g how all her next neighbours were in actuall hostility , which made huge fleets of men of war , both french , dunkerkers , hamburgers and hollanders to sail and flaunt ever and anon in her channells , and hard before her royall chambers : nor came ther one penny of that publick contribution to his privat coffers , but he added much of his own demeans for the maintenance of a royal fleet every sommer : yet he was ready to passe any bill for the utter abolishing of the said ship-money , and for redressing of a●…y other grievances , provided they wold enable him to suppress this scots rebellion : some say the house was inclinable to comply with his majesties demands , but ( as the ill spirit wold have it ) that parliament was suddenly brok up , and i wold they who gave that counsel had bin then in arabia , or beyond the line , in their way to madagascar , who neverthelesse have got to be in high request with this present parliament . among others , old sir harry vane was one , who , when the house seem'd willing to give six subsidies , and the king inclinable to take them ; the said vane being the secretary of state stood up , and said , his majesty expected no less then twelve , which words did so incense and discompose the house , that they drew after them that unhappy dissolution . his majesty being reduced to these straits , and resenting still the insolence of the scot , proposed the busines to his privy councell , who suddenly made up a considerable and most noble summe for his present supply , whereunto divers of his domestick servants and officers did contribut . amongst others who were active herein , the earl of strafford bestir'd himself notably , and having got a parliament to be call'd in ireland he went over , and with incredible celeritie raised . men , who procured money of that parliament to maintain them , and got over those angry seas again in the compasse of lesse then six weeks . you may infer hence to what an exact uncontrollable obedience he had reduced that kingdom , as to bring about so great a work with such a suddennes and facilitie . an armie was also raised ▪ here , which marched to the north , and there fed upon the kings pay a whole summer . the scot was not idle all this while ; but having punctuall intelligence of every thing that passed at court , as farre as what was debated in the cabinet councel , and spoken in the bed-chamber , ( and herein amongst many others , the scot had infinite advantage of us ) he armed also , and preferring to make england the stage of the warre , rather then his own countrey , and to invade rather then to be invaded , he got over the tweed , and found the passage open , and as it were made for him all the way till hee came to the tine , and though there was a considerable army of horse and foot at newcastle , yet they never offered so much as to face him all the while , at newburgh indeed there was a small skirmish , but the english foot would not fight , so newcastle gates flew open to the scot without any resistance at all , where it is thought he had more friends then foes , and who were their friends besides for this invasion , i hope time , and the tribunall of justice will one day discover . his majesty being then at york , summoned all his nobles to appear , to advise with them in this exigence : commissioners were appointed on both sides , who met at rippon , and how the hearts and courage of some of the english barons did boil within them , to be brought to so disadvantageous a treatie with the scot , you may well imagin . so the treatie began , which the scot wold not conform himself to do , unless he were first unrebell ▪ d and made rectus in curia , and the proclamation , wherein he was declared traitour , revoked , alledging it wold be dishonorable for his majesty to treat with rebels . this treaty was adjourned to london , where this present parliament was summoned ( which was one of the chiefest errands of the sco●… , as some think . ) and thus far by these sad and short degrees , have i faithfully led you along to know the tru originals of our calamities . peregrin . truly sir , i must tell you , that to my knowledg these unhappy traverses with scotland , have made the english suffer abroad very much in point of national honour ; therefore i wonder much that all this while ther is none set a work to make a solid apologie for england in some communicable language , ( either in french or latin ) to rectifie the world in the truth of the thing , and to vindicat her , how she was bought and sold in this expedition , considering what a party the scot had here , and how his comming in , was rather an invitation , then an invasion , and i beleeve if it had bin in many parts of the world besides , some of the commanders had gone to the pot . patricius . it is the practise of some states i know , to make sacrifice of some eminent minister , for publick mistakes : but to follow the thred of my discourse . the parliament being sate , his majesty told them , that he was resolved to cast himself wholly upon the affection and fidelity of his people , whereof they were the representative body : therfore he wished them to go roundly on to close up the ruptures that were made by this infortunat war , and that the two armies , one domestick , the other forrain , which were gnawing the very bowels of the kingdom , might be dismissed . touching grievances of any kind ( and what state was ther ever so pure , but some corruption might creep into it ? ) he was very ready to redresse them : concerning the ship-money , he was willing to pass a b●…ll for the utter abolition of it , and to establish the property of the subject ; therefore he wished them not to spend too much time about that . and for monopolies , he desired to have a list of them , and he wold damn them all in one proclamation : touching ill counsellours , either in westminster-hall , or white-hall , either in church or state , he was resolved to protect none , therefore he wished that all jealousies and misunderstandings might vanish : this , with sundry other strains of princely grace he delivered unto them , but withall he told them , that they shold be very cautious how they shook the fram of an ancient government too far , in regard it was like a watch , which being put asunder , can never be made up again , if the least pin be left out . so ther were great hopes of a calm , after that cold northern storm had so blustered , and that we shold be suddenly rid of the scot , but that was least intended , untill som designs were brought about . the earl of strafford , the archbishop of canterbury , the iudges , and divers monopolists are clapt up , and you know who took a timely flight ( lord finch ) to the other side of the sea. and in lieu of these , the bishop of lincoln is enlarged , bastwick , burton , and prynn are brought into london with a kind of hosanna . his majesty gave way to all this , and to comply further with them , he took as it were into his bosom , i mean , he admitted to his privy councell those parliament lords , who were held the greatest zelots amongst them , that they might be witnesses of his secret'st actions , and to one of them ( the lord say ) he gave one of the considerablest offices of the kingdom , by the resignation of another most deserving lord , upon whom they could never fasten the least misdemeanour ; yet this great new officer wold come neither to the same oratory , chappell , or church , to joyn in prayer with his royall master , nor communicat with him in any publick exercise of devotion : and may not this be called a tru recusancie ? to another he gave one of the prime and most reposefull offices about his own person at court ( the earl of essex ) and thereby he might be said to have given a staff to beat himself . moreover , partly to give his subjects an evidence how firmly he was rooted in his religion , and how much he desired the strenthning of it abroad , the treaty of marriage went on 'twixt his eldest daughter , and the young prince of orenge . hereunto may be added as a speciall argument of compliance and grace , the passing of the bill for a trienniall parliament , and lastly ( which is the greatest evidence that possibly can be imagined , of that reall trust and confidence he reposed in them ) he passed that prodigious act of continuance . peregrin . touching the trienniall parliament , there may come some whole some fruit out of it , will keep all officers in awe , and excite the nobilitie , and young gentrie of the kingdome to studie , and understand the government of the land , and be able to sit and serve their countrey in this great senate : but for this act of continuance i understand it not ; parliaments are good physick , but ill meat ; they say abroad that england is turned hereby from a monarchy to a democracy , to a perpetual kind of quingentumvirat ; and whereas in former times ther was a heptarchy of seven ▪ kings in her , they say now she hath seventy times seven . but in lieu of these unparallell'd acts of grace and trust to the parl. what did the parliament for the king all this while ? patricius . they promised , specially upon the passing of the last act , that they would make him the most glorious , the best beloved , and richest king that ever reigned in england : and this they did with deep protestings and asseverations . but there intervened an ill-favoured accident which did much hurt , viz. a discourse ( for truely i think it was no more ) but a discourse ) which some green heads held to bring up the northern armie , to check the puritan partie , and the rabble of the citie : this kept a mightie noyse , and you know who fled upon it , and much use was made of it to make that cloud of jealousie which was but of the breadth of a hand before , to appear as big as a mountaine . yet his majestie continued still in passing acts of grace , and complying with them in every thing ▪ hee put over unto them the earle of strafford , who after a long costly triall ( wherein he carried himself with as much acutenesse , dexteritie and eloquence , as humane braine could be capable of for his defence ) hee was condemned to the scaffold , and so made a sacrifice to the scot , who stayed chiefly for his head , which besides those vast summes of money , was given him to boot . peregrin . touching the earle of strafford , 't is tru , he was full of ability , elocution and confidence , and understood the lawes of england as well as any , yet there were two things , i heard , wherein his wisdom was questioned ; first that having a charge ready against his chiefest accusers , yet he suffered them to have the priority of sute , which if he had got he had thereby made them parties , and so incapable to be produced against him : secondly , that during the time of his tryall , he applyed not himself with that compliance to his iury as well as to his iudges , for he was observed to comply only with the lords , and not with the house of commons . patricius . howsoever , as some say , his death was ●…esolved upon , ( si non per viam justitiae , saltem per viam expedientiae ) which appears in regard the proceedings against him are by a clause in the act not to be produced for a leading case or example to future ages and inferiour courts : i blush to tell you how much the rabble of the city thirsted after his blood , how they were suffered to strut up and down the streets before the royal court , and the parliament it self , with impunity ; they cried out , that if the common law fail'd , club law should knock him down , and their insolency came to that height , that the names of those lords that would not doome him to death , should be given them to fix upon posts up and downe ; and this was the first tumult that happened this parliament , whereof so many followed after their example , being not onely conniv'd at , but backed by authoritie , for there were prohibitions sent from the parliament , to hinder all processe against some of them . these myrmidons , as they termed themselves , were ready at a watchword , so that one might say there was a kind of discipline in disorder . peregrin . were ther any troubled for delivering their votes in the houses ? i thought that freedom of opinion and speech , were one of the prime priviledges of that great nationall senat. patricius . yes , those that were the minions of the house before , became now the subjects of popular malice and detraction , ( as the lord digby now earl of bristol for one ) because against the dictamen of their consciences they would not vote the earl of strafford to death , and renounce their own judgments , and captivate it to the sense of others , yet they stood firm to their first grounds , that he was a delinquent in a high nature , and incapable ever to beare office in any of his majesties dominions . peregrin . i perceive sir by your speeches , that one of the chiefest causes of these combustions may be imputed to the citie of london , which may be called the metropolis of all these evils , and i little wonder at it , for it hath been alwaies incident to all great townes , when they grow rich and populous , to fall into acts of insolence , and to spurne at government ; where so many pots , ( so many braines i meane ) are a boyling , ther must needs be a great deal of froth , but let her look to her self , for majesty hath long arms , and may reach her at last . but the truth is , that london bears no proportion with the size of this island , for either the one shold be larger , or the other lesser : london may be well compared to the liver of a cramm'd italian goose , whose fatning emacerates the rest of the whole body , and makes it grow lean and languish , and she may be well term'd a goose now more then ever , for her feathers are pluck'd apace ; but now that you have done with the earl of strafford , what is become of all the rest who were committed ? patricius . they are still in durance , and have continued so these two years and upward , yet are not proceeded against , nor brought to their answer to this very day , though all the courts of justice have bin open ever since . many hundreds more of the best sort of subjects have bin suddenly clapt up , and no cause at all mentioned in many of their commitments , and new prisons made of purpose for them , where they may be said to be buried alive , and so forgotten as if ther were no such men in the world ( wherof the author was one : ) and how this can stand with magna charta , with the petition of right ( to vindicat which , ther was so much pains taken the last parliament ) let any man of a sane judgment determin . yet one of the judges , who hath an impeachment o●… high treason still lying dormant against him , though he be not rectus in curia himself , is suffered to sit as judge upon the highest tribunall of england , whereas another for a pretended misdemeanour only is barr'd from sitting ther. others who were at first cryed up and branded to be the most infamous projectors and monopolizers of the land , ( as hamilton , holland , &c. ) are not only at liberty , but crept into favour , and made use of . peregrin ▪ hath the house of commons power to commit any but their own members without conference with the lords ? or hath any order or ordinance of one of the houses singly , or of both conjunctly , power to enjoin a virtual , binding , generall obedience without the royal consent ? patricius . the power of parliament , when king , peers , and commons , which is the whole kingdom digested as it were into one volum , is indefinit , but what either of both houses can do of themselves singly or joyntly without the king who is the life of the law , especially when a visible faction reigns amongst them , i will not determin . — tantas componere lites non opis est nostrae — but for my own opinion , i think it is as impossible for them to make a law without the king , as it was for paracelsus to make a human creture without coition of both sexes . the results of parliament without the royall consent , are as matches without fire ; and it is an incontroulable principle , that the old law must be our guide , till new be made , nor is any act of the subject justifiable , but what is warranted by the old . but to proceed in the tru discovery of these domestick scissures , my lord of stafford being gone , we hop'd fair weather wold follow . ( he who was the cause of the tempest ( as they pretended ) being thrown over-board ) but unluckie mists of jealousie grew thicker and thicker ; yet the scots were dismist , having had fidlers fare , meat , drink , and money , for eleven long moneths together . so his majesty went to scotland , where the parliament ther , did but ask and have any thing , though it be the unquestionable prerogative of majesty to grant or deny petitions , and to satisfie his conscience before any councell whatsoever . but during his sojourn ther , this formidable hideous rebellion brok out in ireland , which though it may be said to be but an old play newly reviv'd ▪ yet the scene was never so tragicall and bloody as now : for the barbarismes that have bin committed ther have bin so sanguinary , and monstrously savage , that i think posterity will hold them hyperbolicall ●…when history relates them . the irish themselves affirm ther concurr'd divers causes to kindle this fire : one , was the taking off of straffor●…s head , ( who awd them more then any deputy ever did ) and that one of his accusations shold be to have used the papists ther too favourably : secondly , the rigorous proceedings and intended courses against the roman catholiques here in england . lastly , the stopping of that regiment of irish , who was promised by his majesties royall word and letter to the king of spain , who relying upon that employment , rather then to beg , steal , or starve , turned rebels : and that , which hath agravated the rebellion all this while , and heightned much the spirit of the irish , was the introduction of the scot , whom they hate in perfection above all people els ; and intended lastly the design spoken of in our parliament , to make an absolute conquest , and nationall eradication of them , which hath made them to make vertue of necessity , and to be valiant against their wills . peregrin . indeed i heard that act of staying the irish regiment , considering how the marquesses de velada , and malvezzi , and don alonso de cardenas , who were all three ambassadours here for the king of spain at that time , having by reliance upon the sacred word and letter of a king , imprested money , and provided shipping for their transport , and bin at above . crowns charges , i say this act was very much censured abroad , to the dishonour of his majesty and our reproach . patricius . i am very sorry to hear it . well sir. his majesty by his presence having setled scotland , was at his return to london received with much joy and exultation , but though he was brought in with a hosanna at one end of the town , he found a crucifige at the other : for at westminster ther was a remonstrance fram'd , a work of many weeks , and voted in the dead of night , when most of the moderat and well-thoughted members were retired to their rest , wherein with as much aggravation and artifice as could be , the least moat in government was exposed to publick view , from the first day of his majesties inaugurat●…on to that very hour : which remonstrance as it did no good to the publick but fill peoples heads with doubts , their hearts with gall , and retard the procedure of all businesse besides , so you may well think it could expect but cold entertainment with his majesty , who hoped his great councel , according to their often deep protestations , had done something for his welcom home , that might have made him the best beloved king that ever 〈◊〉 amongst his people . peregrin . 〈◊〉 〈◊〉 , ther is no government upon 〈◊〉 〈◊〉 up of m●…n , but is subject to corruption ; there is no court of judicature so cleane , but some cobwebs may gather in it , unlesse an act of parliament could be made to free and exempt men from all infirmities and errour ; it cannot be denied , but scotland might have something to complaine of ( though i think least of any ) and so leapt first into the pooll to be cur'd , and what she fish'd besides in those troubled waters 't is too well known : england also no doubt might have some grievances , which his majestie freely offered not onely to redresse for the present , but to free her of all feares for the future , from falling into relapses of that kinde ; but to redresse grievances by armes , by plunging the whole countrey into an intestine warre , this makes the remedy worse then the malady , it is as if one would go about to cure a sick body by breaking his head , or let him blood by giving him a dash on the nose , it is as mad a tricke as his was who set the whole house a fire to roast his egs . but truly sir , in my opinion , his majesty at his return from scotland , might have justly expected some acts of compliance and gratitude from his parliament , considering what unparallel'd acts of grace he had pass'd before . patricius . his majesty did not rest there , but complied further with them by condescending to an act for putting down the star-chamber court the high commission , the court of honour , nay , he was contented his own privy councell should be regulated , and his forests bounded not according to ancient prerogative but late custome ; nay further , he pass'd a bill for the unvoting , and utter exclusion of the spirituall lords from the parliament for ever , whereby it cannot be denied , but by the casheering of votes at a clap , and by excluding the recusant lords besides ( who subsist most by his grace ) he did not a little enervat his own prerogative . adde hereunto that having placed two worthy gentlemen biron and lunsford lieutenants of the tower , he remov'd them both one after the other , and was content to put in one of their election : and lastly , he trusted them with his greatest strength of all , with his navie royall , and call'd home pennington who had the guard of the narrow seas so many yeares . peregrin . truly sir , i never remember to have heard or read of such notable acts of grace and confidence from any king : but would not all this suffice ? patricius . no , but they demanded all the land souldiery and military strength of the kingdome to be disposed of by them , and to be put into what posture , and in what equipage , and under what commanders they pleas'd ; and this was the first thing his majesty ever denyed them , yet he would have granted them this also for a limited time , but that would not serve the turn ; hereupon his majesty grew a little sensible how they inch'd every day more and more upon his royall prerogatives ; and intending to go to his town of hull to see his magazin ( which he had bought with his own money ) with his ordinary train , he was in a hostile manner kept out , canons mounted , pistols cockt , and leveld at him . but whether that unlucky knight ( hotham ) did this out of his fidelity to the parl. or out of an apprehension of feare that some about the king , being mov'd with the barbarousnesse of the action would have pistold him , i will not determine . peregrin . i have read of divers affronts of this kinde that were offerd to the french kings , rochell shut her gates more than once against henry the great , and for the king now regnant , they did not only shut him out of many of his towns , but upon the gates of some of them they writ in legible characters , roy san foy , ville sans peur , a faithlesse king , a fearlesse towne . yet in the greatest heat of those warres , there was never any towne refus'd to let in her king , provided he came attended onely with his own traine ; and besides other people abroad , i heard the scot's nation did abhor that act at hull . but i pray sir go on . patricius . his majesty being thus shut out of one towne , he might justly suspect that an attempt might be made to shut him in , in some other ; therefore he made a motion to the yorke-shire gentlemen , to have a gard for the preservation of his person , which was done accordingly . but i am come to forward , i must go backe and tell you how the king was driven from westminster . when his majesty was return'd from scotland he retir'd to hampton court , whence upon the lord majors and the cities humble sollici●…ation , he came back to white-hal to keep his christmas . but when the bill against bishops was in agitation , which businesse ●…asted neer upon ten weekes , a crue of bold ●…turdie mechanicks , and mariners , came ●…rom the citie and ruffled before white-hall and westminster-hall , and would have violated the abby of westminster , so that for many ●…ights a court of gard was forced to be kept ●…n the body of that church , ( the chiefest sanctuary of the kingdom . ) moreover , his majesty having impeached some of the members of both houses , of high treason , and being denied to have them delivered up , he went himself to the lower house to demand them , assuring the house they should have as faire and legall a triall as ever men had . but as it pleas'd god , they were not there , but retir'd to london for refuge ; the londoners grew starke wilde thereupon , and notice being sent to all the adjacent counties , this act of the kings ( though it wanted no precedents of former times ) was aggravated in the highest degree that possibly could be . hence you may easily inferre , what small securitie his majesty had at white-hall , and what indignities he might have exposed himself unto , by that which had pass'd already from the rabble , who had vilified and cried tush at his proclamations , and disgorg'd other rebellious speeches with impunity : therefore he retird to hampton court ( as we read , our saviour withdrew himselfe once from the multitude ) thence to windsor castle , whence accompanying her majesty , with his eldest daughter to the sea side for holland , and having commanded the prince to attend him against his return at greenwich , the prince had been surpriz'd , and brought to london , had not the king come a little before . thence he removed to yorke , where he kept his court all the sommer . but to returne to london , the very next day after their majesties departure , the countrey about , especially buckinghamshire being incited by the c●…tie and parliament , came in great swarmes , and joyning with the london mechanicks , they ruffled up and down the streets , and kept such a racket , making the fearfull'st riot that ever i beleeve was heard of in parliament time : so those members which formerly were fled into the citie , were brought to the house in a kind of triumph , being garded by land and water in warlike manner by these champions : after this , sundry troops of horse came from all the shires near adjoyning to ●…he parliament , and buckingham men were ●…he first , who while they express'd their ●…ve to ( hamden ) their knight , forgot their ●…worn oath to their king , and in stead of feathers they carried a printed protestation in ●…heir hats , as the londoners had done a lit●…le before upon the pikes point . peregrin . this kept a foul noise beyond sea i re●…ember , so that upon the rialto in venice , ●…t was sung up and down , that a midsummer moon ( though it was then midst of winter ) did raign amongst the english , and you must ●…hink that it hath made the venetian to ●…hrink in his shoulders , and to look but ill-favouredly upon us , since wee 'l have none of his currans . but sir , i heard much of that protestation , i pray what was the substance of it ? patricius . it was penn'd , and enjoyn'd by the par●…iament for every one to take , and it consisted of many parts ; the first was , to maintain the tru potestant religion against all popish innovations , which word popish ( as som think ) was scrued in of purpose for a loop hole to let in any other innovation : the second was to maintain the prerogative an●… honour of the king ; then the power and priviledge of parliament ; and lastly , the propriety and liberty of the subject ; for thre●… parts of this protestation , the people up an●… down seem'd to have utterly forgotte●… them , and continue so still , as if their consciences had bin tied only to the third , viz the priviledge of parliament , and never was ther a poor people so besotted , never wa●… reason and common sence so baffled in an●… part of the world . and now will i go to attend his majesty at york , where , as i told you before , being loth to part with his sword , ( though he had half parted with his scepter before ) by denying the parliament an indefinite time to dispose of the militia , ( alleadging that as the word , so the thing was new . ) he sends forth his commissions of array , according to the old law of england , which declares i●… to be the undoubted right , and royall signorie of the king , to arm or disarm any subject : the parliament sends out clean countermands for executing the said militia , so by this clashing 'twixt the commission of array and the militia , the first flash of this odious unnaturall war may be said to break out . the pulse of the parliament beats yet higher , they send an admirall to the sea ( the earl of warwick ) not only without , but expresly against the kings special command . they had taken unto them a military gard from the city for their protection , without his majesties consent , who by the advice of the lord keeper and others , had offered them a very strong gard of constables and other officers to attend them , which the law usually allows ; yet the raising of that gard in york-shire for the safegard of his majesties person , was interpreted to be leavying of war against the parliament , and so made a sufficient ground for them to raise an army , to appoint a generall ( the earl of essex ) with whom they made publick declarations to live and die . and they assumed power to confer a new appellation of honour upon him , ( excellency ) as if any could confer honour but the king ! and this army was to be maintain'd out of the mixt con●…ribution of all sorts of people ; so a great masse of money and plate was brought into the guild hall , the semstresse brought in her silver thimble , the chamber-maid her bodkin , the cook his spoons , and the vintner his bowles , and every one somthing , to the advancement of so good a work , as to wage war directly against the sacred person of their soverain , and put the whole countrey into a combustion . peregrin . surely it is impossible that a rationall christian people shold grow so simple and sottish , as to be so far transported , without some colourable cause , therfore i pray tell me what that might be ? patricius . the cause is made specious enough , and varnished over wonderfull cunningly ; the people are made to believe they are in danger , and a prevention of that danger is promised , and by these plausible ways the understanding is wrought upon , and an affection to the cause is usher'd in , by aggravation of this danger , as one wold draw a thred through a needles eye : this huge bugbear danger , was like a monster of many heads , the two chiefest were these ▪ that ther was a plot to let in the pope ; and to 〈◊〉 the civil government into a french frame ; it is incredible to think how the pulpits up and down london did ring of this by brainsick lecturers , of whom som were come from new-england , others were pick'd out of purpose , and sent for from their own flock in the countrey , to possesse , or rather to poison the hearts of the londoners , to puzzle their intellectualls , and to intoxicat their brains by their powerfull gifts ; it was punishable to preach of peace , or of caesars right , but the common subject of the pulpit was either blasphemy against god , disobedience against the king , or incitements to sedition ; good lord , what windy frothy stuff came from these fanatick brains ; these phrenetici nebulones ( for king iames gives them no better character in his ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ) who may be said to be mad out of too much ignorance , not knowledg ; who neverthelesse are come to that height of prophaness and pride , that they presume to father all their doctrines , all their non-sense , raptures and ravings upon the holy spirit . nor did the pulpit only help to kindle this fire , but the presse also did contribute much stubble ; what base scurrilous pamphlets were cryed up and down the streets , and dispersed in the 〈◊〉 ? what palpable and horrid lies were daily printed ? how they multiplied in every corner in such plenty , that one might say t●…er was a superfaetation of lies , which continue unto this day ? one while the king of denmark was comming over from the sound : another while the king of france had a huge army about calais design'd for england : another while ther was an army of irish rebels comming over with the privity of the king : another while a plot was cryed up and down to burn london : another while ther were subterranean invisible troups ( at ragland castle ) mustered under ground in wales , and thousands of papists armed in lancashire , and divers reports of this nature were daily blown up , and though the authors of them were worthlesse and mean futilous persons , yet the reports themselves had that credit as to be entertain'd and canvas'd in the high court of parliament . but these false rumors produc'd one politick effect ( and it was the end indeed for which they were dispers'd ) they did intimidat and fill the peoples hearts with fears , and dispose of them to up roars and so to part with money . peregrin . i know ther be sundry sorts of fears ; ther are conscientious fears , and ther are ●…annick fears , ther are pusillanimous fears , and ther are politick fears . the first sort of fear proceeds from guilt of conscience , which turns often to phre●…cy . the second sort of fear may be call'd a kind of chymera , 't is som sudden surprizall or consternation arising from an unknown cause . pusillanimous fear makes a mountain of a mole-hill , and proceeds from poverty of spirit , and want of courage , and is a passion of abject and degenerous minds , and may be call'd cowardise , and this fear is always accompanied with jealousie . politick fear , is a created forg'd fear wrought in another , to bring som design about ; and as we find the astronomers ( the comparison is too good ) do imagin such and such shapes and circles in the heavens , as the zodiak , equinoctiall , colures , zones and topiques with others , though ther be no such things really in nature , to make their conclusions good . so the polititian doth often devise and invent false imaginary fears , to make his proceedings more plausible amongst the silly vulgar , and therby to compasse his ends : and as the sun useth to appear far bigger to us in the morning then at noon , when he is exalted to his meridian , and the reason the philosophers use to give , is the interposition of the vapours which are commonly in the lower region , through which we look upon him ( as we find a piece of silver look bigger in a bucket of water then elsewhere ) so the polititian uses to cast strange mists of fear , and fogs of jealousie before the simple peoples eyes , to make the danger seem bigger : but truly sir , this is one of the basest kinds of policy , nor can i believe ther be any such polititians amongst the cabalists of your parliament , who pretend to be so busie about gods work , a glorious reformation , for you know ther is a good text for it , that god needeth not the wicked man ▪ he abominats to be beholding to liers to bring about his purposes : but i pray sir deal freely with me , do you imamagin ther was a design to bring in the mass●… again ? patricius . the masse ? you may say ther was a plot to bring in mahomet as soon , to bring in the alchoran , or talmud as soon ; for i dare pawn my soul , the king is as cordiall a protestant as any that breathes under his three crowns , which besides his publick deep protestations , and his constant quotidian exemplary open practise , many other convincing private reasons induce me to believe , and it is in vain to think the pope can take footing here to any purpose without the kings leave . you know as well as i sir , that of all the reformed churches in christendom , the lutheran retains most of the roman , both in his positions and practise , and comes much nearer to him then we do , yet i have observed , that from the first day of his reformation , to this , he is as averse , and as far off from rome , as the rigidest calvinist that is ; and shall i think , because ther are som humble and hansom postures , and decent vestures revived in our church ( for they were never abolished ; ) because the communion table stands in the east end where it ever stood since christianity came in all our cathedralls , which shold be a rule to all inferiour churches , though the seperatist cries it up most falsly to be an innovation : because the queen hath a few simple capuchins ( fewer then was allowed by the matrimoniall capitulations ) whither to retire sometimes : because schismaticks were proceeded against with more care , and the government of the church born up ●…ately with more countenance , shall i be●…ieve out of all this that the pope must pre●…ently come in ? shall i believe the weakness ●…f our religion to be such , as to be so easily ●…aken and overturn'd ? yet i believe ther was a pernicious plot to introduce a new religion , but what i pray ? not popery , but presbitry , and with it to bring in the doctrine of buchanan and knox for civill government , and so to cast our church and state into a scots mould . peregrin . indeed i heard the english much derided abroad for resigning their intellectualls in point of religion to the scots , whom from infidels they made christians , and reformed christians first , and now for the english to run to them for a religion , and that the uniformity & reformation shold proceed from them , having disdain'd us formerly , what a disparagement is it thinke you to the anglican church ? this with other odd traverses , as the eclipsing the glory of the king , and bringing him back to a kind of minoritie , the tampering with his conscience , i will not say the straining it so farre , the depriving him of all kind of propertie , the depressing of his regall power , wherein the honour of a nation consists , and which the english were us'd to uphold more then any other , for no king hath more awful attributs from his subjects , as sacred sovereigne , gracious and most excellent majestie , nor any king so often prayed for , for in your morning liturgie he is five times prayed for , whereas other princes are mentioned but once or twice at most in their's : i say that this , with interception of letters , some incivilities offered ambassadors , and the bold lavish speeches that were spoken of the greatest queenes in christendome , and his majesties late withdrawing his royall protection from some of his merchant-subjects in other countreys , hath made the english lose much ground in point of esteeme abroad , and to be the discourse , i will not say the scorne of other people . they stick not to say , that there is now a worse maladie fallen upon their minds , then fell upon their bodies about an age since by the sweating sicknesse , which was peculiar onely unto them and found them out under all climes . others say , there is a pure 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 amongst them , that they are turn'd to wolves ( as you know it is a common thing in l●…pland ) & that the old adage is verified in them , homo homini lupus ; nay our next neighbours give out , that the saying was never truer then now , rex anglorum , rex diabolorum . nor is it a small disrepute to the english , that the word cavalier , which is an attribute that no prince in christendome will disdain , and is the common appellation of the nobilitie and gentrie in most parts of the world , is now us'd , not onely in libels and frivolous pamphlets , but in publicke parliamentarie declarations , for a terme of reproach . but truely sir , what you have related touching the pulpit and the presse , transformes me into wonder , and i should want faith to beleeve it , did you not speak it upon your knowledge ; but the english when they fall to worke upon a new humour , use to overdoe all people . patricius . you have not yet the tithe of what i could give you , you would little think that coachmen , and feltmakers , and weavers were permitted to preach up and down without controulment , and to vent their froth and venome against church and state , to cry downe our hierarchy and liturgie , by most base and reviling speeches . peregrin . touching your lyturgie , i have heard it censur'd abroad by the regidest calvinists of generva and dort , yet i never heard any other character given of it , but that it is a most pious , pathetick , and perfect peece of devotion , both for the matter and forme of it , which i have been a little curious to observe . it begins with some choise passages of holy scripture , and a previous declaration or monitory to excite us to the worke in hand ; the first addresse wee make to god is by an humble and joynt confession which is appliable to any conscience , and comprehends in it all kind of sins . then followeth a pronuntiation of gods promises and pronesse to pardon and absolve us ; we goe on to the lords prayer , which having bin dictated by our saviour himself we often use , and is as amber throwne in amongst our frankincense , to make the sacrifice more precious and pleasing unto god ; then we proceed to som choice psalms , and other portions of holy scripture taken out of the old and new testament ; then we fall to the symbole of faith , whereof we make a solemn joynt confession in such a posture as shews a readinesse and resolution in us to defend it : and so to the letany , wherein the poor penitent peccant soul may be said to breath out herself into the bosome of her saviour by tender ejaculations , by panting groans , & eviscerated ingeminations , and there is no sin , no temptation whatsoever that humane frailty is subject unto , but you shall find a deliverance from it there , it is so full of christian charity , that there is no condition of people , but are remembred and prayed for there . then wee proceed by holy alternatif interlocutions ( whereby wee heare our selves speak as well as the minister ) to some effectuall short prayers ; because in long prayers the minde is subject to wander , as some zelots now a dayes use to bring their hearers into a wildernesse by their prayers , and into a labyrinth by their sermons . then goe we on to the decalogue , and if it be in a cathedrall , there is time enough for the hearer to examine himselfe , while the musick playes , where and when he broke any of gods holy commandements , and ask particular forgivenesse accordingly in the intervall ; then after other choice portions of scripture , and passages relating to our redemption , and endearing , unto us the merits of it , with a more particular confession of our faith , we are dismissed with a benediction : so that this liturgy may be call'd an instrument of many strings , whereon the sighing soul sends up varions notes unto heaven : it is a posie made up of divers flowers , to make it the more fragrant in the nostrills of god. now touching your bishops , i never knew yet any protestant church but could be content to have them , had they meanes to maintaine the dignitie , which the churches of france with others have not , in regerd the reformation beg an first among the people , not at court , as here it did in engl. for unlesse ther be som supervisers of gods house , endowed with eminent authority to check the fond fancies , and quench the false fatuous fires of every private spirit , and unlesse it be such an authority that may draw unto it a holy kind of awe and obedience what can be expected but confusion and atheisme ? you know what became of the israelites when the wonted reverence to the ark , and the ephod , and the priest , began to languish amongst them : for the braine of man is like a garden , which unlesse it be fenced about with a wall or hedge , is subject you know to be annoyed by all kinde of beasts which will be ready to runne into it ; so the braine unlesse it be restrain'd and bounded in holy things by rules of canonicall authoritie , a thousand wild opinions , and extravagant fancies will hourely rush into it : nor was there ever any field so subject to produce cockle and darnell , as the human brain is rank and ready to bring forth tares of schism and heresie of a thousand sorts , unlesse after the first culture the sickle of authority be applyed to grub up all such noisom weeds . patricius . yet this most antient dignity of bishops is traduced and vilified by every shallow-pated petty clerk , and not so much out of a tru zeal , as out of envy that they are not the like . and touching our liturgy , wherof you have bin pleas'd to give so exact a character , people are come to that height of impiety , that in som places it hath bin drown'd , in other places burnt , in som places torn in pieces to serve for the basest uses , nay it hath bin preached publickly in pulpits , that it is a piece forg'd in the devils shop , and yet the impious foul mouth'd babbler never was so much as questioned for it . nor did the church only eccho with these blasphemies ; but the presse was as pregnant to produce every day som monster either against ecclesiasticall , or secular government . i am asham'd to tell you how som bold pamphleters in a discourse of a sheet or two , wold presume to question , to dispute of , and determin the extent of monarchik jurisdiction , what sturdy doubts , what sawcy quaeries they put , what odd frivolous distinctions they f●…am'd , that the king though he was gods anointed , yet he was mans appointed : that he had the commanding , not the disposing power : that he was set to rule over , not to over-rule the people ; that he was king by human choice , not by divine charter ; that he was not king by the grace of god , so much as by the suffrage of the people ; that he was a creatur●… and production of the parliament : that he had no implicit trust , nor peculiar property in any thing ; that populus est potior rege ; that grex lege , lex est rege potentior ; that the king was singulis major , universis minor , ( wheras a successive monarch — uno minor est iove . — sometimes they wold bring instances from the states of holland , sometimes from the republick of venice , and apply them so impertinently to absolute and independant royalty ; but i find that the discourse and inferences of these grand statists were bottom'd upon four false foundations , viz. that the king of whom they speak must be either a minor , and idiot , an insufferable tyrant , or that the kingdom they mean , is elective ; none of all which is appliable , either to our most gracious and excellently qualified king , or to his renowned kingdom , which hath bin always reputed an ancient successive monarchy , govern'd by one suprem undeposeable and independent head , having the dignity , the royall state , and power of an imperiall crown , and being responsible to none ●…ut to god almighty and his own 〈◊〉 ●…or his actions , and unto whom a body ●…olitick compacted of prelates , 〈◊〉 , and all degrees of people is naturally subject ; but this is a theam of that transcenden●…y , that it requires a serious and solid tractat , rather then such a slender discourse as this is to handle . but i pray excuse me sir , that i have stept aside thus from the road of my main narration ; i told you before , how the clashing 'twixt the commission of array , and the militia , put all things in disarray throughout the whole kingdom ; the parliament as they had taken the first military gard , so they began to arm first , and was it not high time then for his majesty to do some thing think you ? yet he essayed by all ways imaginable to prevent a war , and to conquer by a passive fortitude , by cunctation , and longanimity . how many overtures for an accommodation did he make ? how many proclamations of pardon ? how many elaborat declarations breathing nothing but clemency , sweetness and truth did drop from his own imperious invincible pen , which will remain upon record to all ages , as so many monuments to his eternall glory ? yet som ill spirit stept still in , between his grace , and the abused subject , for by the peremptory order of parliament ( o monstrous thing ) the said proclamations of grace , and other his majesties declarations were prohibited to be read ; fearing that the strength and truth of them wold have had a vertue to unblind , or rather unbewitcht ( for rebellion is as the sin of witchcraft ) the poor besotted people : what deep protestations and holy vowes did he reiterate that the main of his designs , was to preserve the tru protestant religion , the known lawes of the land , and the just priviledges of parliament ? how often did he dehort and woo the city of london ( his imperiall chamber ) from such violent courses , so that she may be justly upbraided with the same words , as the prince of peace upbraided ierusalem withall : london , london , how often wold i have gathered thee , as a ●…en doth her chickens under her wings , yet thou wouldst not ? how often did he descend to acknowledg the manner of demanding the one and five members in his publick remonstrances ? and if ther was an errour in the proceedings , how oft did he desire his great councell to direct him in a course how to go on in the empeachment ? which they never did , but wold reserve the priviledge to themselves to be judge and party . peregrin . can your parliament protect high treason ? i am sure the character of an ambassadour cannot , which the late french ambassadour ( who for his time play'd his cards more cunning than ever count gondomar did ) knew well ; and therefore , as i heard som french men say , he got letters of revocation before his designed time : but it seems strange to me , that the king who is the protectour of the law , and fountain of justice , cannot have the benefit of the law himself , which the meanest of his vassals can claim by right of inheritance : 't is strange , i say , that the law shold be a dead letter to him who is the life of the law , but that for omission of some punctillio in the form of the processe , the charge of high treason shold be so slightly wav'd , specially treason of so universall a concernment , that it may be call'd a complication of many treasons ; for if in every petty state it be high treason to treat only with any forrein power without the privity of the prince , it must needs be treason of a higher nature actually to bring them in ; and hereof i could alleadge you many pregnant instances , ancient and modern , but that i do not desire to interrupt you in your relation . patricius . the parliament , as i told you before , armed apace , it was not fitting then his majesty shold sit idle ; therfore he summons those nobles and others , who had an immediate relation unto him by office or service , to attend him at york , according to their particular obligation and oath : but it seems the parliament assumed power to dispence with those oaths , and excuse their attendance , which dispensation prevail'd with som ( tender ) consciences ; yet the great seal posted to court , and after it most of the nobles of the land , with the flower of the gentry , and many of the prime members of the commons house ; so that were it not for the locall priviledge , the parliament for number of members , might be said to be ever since about the king : these nobles and gentlemen resenting his majesties case , and what practices ther were on foot to alter the government both of church and state , not only advised his majesty to a royall war for defence of his crown and dignity , but contributed very chearfully , and have stood constant to the work ever since . peregrin . they have good reason for it , for the security of the nobility and gentry depends upon the strength of the crown , otherwise popular government wold rush in like a torrent upon them . but surely those nobles , and those parliament gentlemen and others , som of whom i understand , were reputed the wisest and best weigh'd men for experience and parts thorowout the whole kingdom , and were cryed up in other parliaments to be the most zealous patriots for the propriety and freedom of the subject , wold never have stuck so firmly to his majesty , had they not known the bottom of his designs , that it was far from his thoughts to bring in the pope or french government ; for therby they shold have betrayed their own posterity , and made their children slaves . patricius . to my knowledge , these nobles and gentlemen are still the very same as they were in former parliaments , wherin they were so cryed up for the truest lovers of their country , and best common-wealths-men ; yet now they are branded , and voted to be seducers , and traytors , because according to their oaths and consciences , they adhere to the king their master and liege-lord , for maintenance of that religion they were baptized and bred in . those most orthodox and painfull divines , which till this parliament began were accounted the precisest sort of protestants , are now cryed down for papists , though they continue still the very same men , both for opinions and preaching , and are no more papists than i am a pythagorean . in fine , a tru english protestant is put now in the same scale with a papist , and made synonyma's . and truly these unhappy schismaticks could not devise how to cast a greater infamy upon the english protestant than they have done of late by these monstrous imputations ; they wold fasten upon him such opinions which never entred into his thoughts , they wold know ones heart better than himself , and so would be greater kardiognosticks than god almighty . but to draw to a conclusion ; the parliaments army multiplyed apace in london , the kings but slowly in the north , so that when he displayed his royal standard at nottingham , his forces were not any thing considerable , so that if the parliaments generall ( essex ) had then advanced towards him from northampton , he had put him to a very great strait ; they encreased somthing at derby , and stafford , but when he was come to shrewsbury , the welch-men came running down the mountains in such multitudes , that their example did much animate the english ; so that his army in lesse than a month that the court continued in shrewsbury , came to near upon twenty thousand horse and foot ; not long before , the nephew princes came over , and the first encounter prince rupert had with the parliaments forces was at worcester , where he defeated the flower of their cavalry , and gave them a smart blow . at shrewsbury his majesty took a resolution to march with his whole army towards london , but after seven days march he understood the parliaments forces were within six miles side-long of him , and so many miles he went out of his road to find them out , and face them : upon sunday morning he was himself betimes upon edge-hill , wher the enemies colours plainly appear'd in vale before keinton ; it was past two in the after-noon before all his infantery could get to the bottom , who upon sight of the enemies colours ran as merrily down the hill , as if they had gone to a morris dance . so his majesty himself being generalissimo , gave command the great ordnance shold flye for a defiance , so the battell began , which lasted above three hours , and as some french and dutch commanders ( who were engag'd in the fight ) told me , they never remembred to have seen a more furious battail for the time in all the german wars . prince rupert pursued the enemies horse like a whirl-wind near upon three miles , and had ther bin day enough , when he came back to the infanterie , in all probability a totall defeat had bin given them : so that the same accident may be said to fall out here , as happened in that famous battell at lewis , in henry the thirds time , where the prince of wales ( afterwards edward the first ) was so eager , and went so far ( by excesse of courage ) from the body of the army in pursuance of the londoners , that it was the fatall cause of the losse of that mighty battail . his majesty ( to his deserved and never-dying glory ) comported himself like another caesar all the while , by riding about and encouraging the souldiers , by exposing his person often to the reach of a musket-bullet , and lying in the field all that bleak night in his coach. notwithstanding that many lying pamphlets were purposely printed here , to make the world believe that he had retir'd himself all the time of the fight ; what partiall reports were made in the guild-hall to the londoners , and by what persons , ( w. and strode ) i am ashamed to tell you : but that his majesty was victorious that day ( a day which i never thought to have seen in england ) ther be many convincing arguments to prove it ; for besides the great odds of men which fell on their side , and cannons they lost , som of their ordnance were nayl'd by the kings troops the next morning after in the very face of their army . moreover , the king advanc'd forward the next day to his former road , and took banbury presently after ; but the parliamenteers went backwards , and so from that day to this , his majesty continueth master of the field . 't is tru , that in som places , as at farnham , winchester , and chichester , they have prevail'd since , but no considerable part of the royall army was ther to make opposition ; and i blush to tell you , how unworthily the law of armes was violated in all those places . peregrin . good lord , how can the souls of those men that were in the parliaments army at keinton battell , dispense with the oaths of supremacy and allegeance , besides the protestation you speak of , they had taken to preserve the person , honour , and prerogative of the king , when they thus actually bandy against his person , and appear in battel with all the engines of hostility against him ? patricius . i wold be loth to exchange consciences with them , and prevaricate so palpably with god almighty ; touching the cavaliers , they may be said to comply with their duties both towards god and their king according to the oaths you mention ; moreover , ther was a strong act of parliament ( for their security ) which was never as much as questioned or controverted , much lesse suspended or repeal'd : but always stood , and yet stands in as full validity and force , as it was the first day it was enacted , and as much binding to an universall obedience , which act runs thus : . octobris anno undecimo henrici septimi , anno dom. it is ordained , enacted , and established by the king our soverain lord , by the advice and assent of the lords spirituall and temporall , and the commons in this present parliament assembled , and by authority of the same , that from henceforth no manner of person or persons whatsoever he or they be , that attend upon the king and soverain lord of this land for the time being in his person , and do him tru and faithfull service of allegiance in the same , or be he in other places by his commandment , in his wars within this land or without : that for the said deed , and tru duty of allegiance , he or they be in no wise convict or attaint of high treason , nor of other offences for that cause , by act of parliament or otherwise by any processe of law , whereby he or any of them , shall lose or forfeit life , lands , tenements , rents , possessions , hereditaments , goods , chattels , or any other things : but to be for that deed and service utterly discharged of any vexation , trouble or loss . and if any act or acts , or other processe of the law hereafter , therupon for the same happen to be made contrary to this ordinance , that then that act or acts , or other processe of the law , whatsoever they shall be , stand and utterly void . provided alwayes that no person or persons shall take any benefit or advantage by this act , which shall hereafter decline their said allegiance . peregrin . this is as plain and fair as can be for securing both the person and conscience of the cavalier , but was ther ever any act or oath , or any thing like an oath that oblig'd englishmen to be tru unto , or fight for the parliament ? patricius . never any , but these men by a new kind of metaphysicks have found out a way to abstract the person of the king from his office , to make his soveraigntie a kind of platonick idea hovering in the aire , while they visibly attempt to assaile and destroy his person and progeny , by small and great shot , and seek him out amongst his life-gard with fire and sword ; yet they give out , they fight not only not against him , but for him , and that their army is more loyall unto him than his owne ; who , they say , fight only for the name king , though they have his person really amongst them , commanding and directing : thus they make him a strange kind of amphibium , they make in one instant a king and no king of the same individuum ; a power which the casuists affirme god almighty never assumed to himself , to doe any thing that implies a contradiction . peregrin . noble sir , you make my heart to pant within me , by the pathetick relation you have been pleas'd to make mee of these ●…uthfull times ; but one thing seems to me to be no lesse then a miracle , how his majestie hath beene able to subsist all this while , considering the infinite advantages the averse partie hath had of him ; for they have all the tenable places and townes of strength , both by land and sea ; they have the navie royall , they have all the amunition and armes of the crown , they have all the imposts and customs , poundage and tonnage ( which they levie contrary to their former protestation before the bill be pass'd ) they have the exchequer at their devotion , and all the revenue of the king , queen , and prince , and lastly , they have the citie of london , which may be eall'd a magazin of money and men , where there is a ready supplie and superfluitie of all things , that may seed , clothe , or make men gay to put them in heart and resolution : truely considering all these advantages , with divers others on their side , and the disadvantages on the kings , it turnes me into a lump of astonishment , how his majestie could beare up all this while , and keep together so many armies , and be still master of the field . patricius . i confesse sir , it is a just subject for wonderment , and we must ascribe it principally to god almightie , who is the protectour of his anointed , for his hand hath manifestly appear'd in the conduct of his affaires ; hee hath been the pilot , who hath sate at the helme ever s●…nce this storme began , and will we hope continue to steer his course till he waft him to safe harbour againe ; adde hereunto , that his majesty for his own part , hath beene wonderfully stirring , and indefatigable both for his body and minde ; and what notable things her majesty hath done , and what she hath suffered , is fitter for chronicle , then such a simple discourse . hereunto may be added besides , that his majestie hath three parts of foure of the peeres , and prime gentrie of the kingdom firme unto him , and they will venture hard before they will come under a popular government and mechanicall corporations , or let in knox or calvin to undermine this church , and bring in their bawdy stool of repentance . peregrin . truely sir , amongst other countreys , i extreamly long'd to see england , and i am no sooner come , but i am surfeited of her already , i doubt the old prophecie touching this island is come now to be verified , that the churchman was , the lawyer is , and the souldier shall be . i am afraid the english have seene their best dayes ; for i find a generall kind of infatuation , a totall eclipse of reason amongst most of them ; and commonly a generall infatuation precedes the perdition of a people ; like a fish , that putrifieth first in the head ; therefore i will trusse up my baggage and over again , after i have enjoyed you some dayes , and received your commands . patricius . dear sir , if you seriously resolve to crosse the seas againe so soon , i may chance beare you company , for as you have since the short time of your sojourn here judiciously observed a national defection of reason in the people of this island , which makes her so active in drawing on her own ruine ; so by longer experience , and by infallible symptomes i find a strange kind of vertigo to have seized upon her , which i feare will turne to the falling sicknesse , or such a frenzie that will make her to dash out her own braines : nor are her miseries , i feare , come yet to the full ; it is the method of the almightie , when he pleases to punish a people , to begin with roddes , to goe on with scourges , and if they will not do , he hath scorpions for them : therefore , i will breath any where sooner then here , for what securitie or contentment can one receive in that countrey , where religion and iustice , the two grand dorique columnes which support every state , are fallen down ? which makes all conditions of men , all professions and trades to go here daylie to utter ruine . the churchman grows every day more despicable , as if he had no propertie in any thing , nor is there any way left him to recover his tithe , but by costly troublesome sutes . the civilian , a brave learned profession , hath already made his last will ; and the common lawyers case is little better ; the courtier cannot get his pension ; the gentleman cannot recover his rents , but either they are sequestred by a high hand of unexampled power , or else the poor tenant is so heavily assess'd or plundred , that he is disabled to pay them in ; all kind of comerce both domestick and forrein visibly decayes , and falls more and more , into the hands of strangers ( to the no small dishonour of the wisedome of this nation ) nor can the tradesman recover his debts , parliamentary protections continue still in such numbers , so that it is a greater priviledge now to be a footman to the meanest of the lower house , then to be of the kings bed chamber : prenti●…es run away from their masters , and against their fathers intent turn souldiers , and for money , which is the soul of trade , i beleeve since the beginning of this parliament , above one half of the treasure of the kingdome is either conveyed to'ther side of the sea , or buried under ground , whence it must be new digg'd up againe . moreover , all things are here grown arbitrary ( yet that word took off the earle of straffords head ) religion , law , and allegiance is growne arbitrary ; nor dares the iudge upon the tribunall ( according to his oath ) do justice , but he is over-awed by ordinance ; or els the least intimation of the sense of the lower house is sufficient to enjoyne him the contrary , so that now , more then ever , it may be said here , — terras astraea reliquit . — peace also hath rov'd up and downe this island , and cannot get a place to lay her head on ; she hoped to have had entertainment in york-shire by the agreement of the best gentlemen in the countrey ; but an ordinance of parliament beat her out of doores ; then she thought to rest in cheshire , and by a solemne covenant she was promis'd to be preserv'd ther , the principal agents of that covenant having protested every one upon the word of a gentleman , and as they did desire to prosper , both themselves , their tenants and friends , , shold strictly observe it ; but the like ordinance of parliament battered down that agreement . then she thought to take footing in the west , and first in dorcetshire , then in cornwall and devonshire , and by the holy tie of the blessed sacrament she was promised to be preserved ther ; but another ordinance of parliament is pursuing her , to dispense with the commissioners of the said agreement for their oaths . lastly , his majesty is mainly endeavouring to bring her in again thorowout the whole land ; but the furious , phrentique schismaticks will have none of her ; for as one of them ( besides a thousand instances more ) preach'd in one of the most populous congregations about the city , it were better that london streets ran with bloud , and that dead carkasses were piled up as high as the battlements of pauls , than peace should be now brought in . and now that peace is shut out , learning is upon point of despair , her colledges are become courts of gard , and mars lieth in mercuries bed . honour also , with her court , lieth in the dust ; the cobler may confront the knight , the boor the baron , and ther is no judicial way of satisfaction ; which makes monarchy fear she hath no long time of abode here . publick faith also , though she had but newly set up for her self , is suddenly become bankrupt , and how could she choose ? for more of the kingdoms treasure hath bin spent within these thirty moneths , than was spent in four-score yeares before ; but she hopes to piece up her self again , by the ruines of the church ; but let her take heed of that , for those goods have bin fatall to many thousand families in this kingdom : yet , she thinks much , that those publick summs which were given to suppresse one rebellion ( in ireland ) shold be employed to maintain another rebellion ( in england . ) and lastly , methinks , i see religion in torn ragged weeds , and with slubber'd eyes sitting upon weeping-crosse , and wringing her hands , to see her chiefest temple ( pauls church ) where god almighty was us'd to be serv'd constantly thrice a day , and was the rendezvouz , and as it were the mother church , standing open to receive all commers and strangers , to be now shut up , and made only a thorow-fare for porters ; to see those scaffolds , the expence of so many thousand pounds , to lie rotting ; to see her chiefest lights like to be extinguished ; to see her famous learned divines dragg'd to prison , and utterly depriv'd of the benefit of the common law , their inheritance : methinks , i say , i see religion packing up , and preparing to leave this island quite , crying out , that this is countrey fitter for atheists than christians to live in ; for god almighty is here made the greatest malignant , in regard his house is plunder'd more than any : ther is no court left to reform heresie , no court to punish any church officer , and to make him attend his cure , not court to punish fornication , adultery , or incest : methinks i hear her cry out against these her grand reformers ( or refiners rather ) that they have put division 'twixt all degrees of persons . they have put division 'twixt husband and wife , 'twixt mother and child : the son seeks his fathers bloud in open field , one brother seeks to cut the others throat ; they have put division 'twixt master and servant , 'twixt land - lord and tenant ; nay , they have a long time put a sea of separation 'twixt king and queen ; and they labour more and more to put division 'twixt the head and the members , 'twixt his majesty and his politicall spouse , his kingdom : and lastly , they have plung'd one of the flourishingst kingdoms of europe in a war without end ; for though a peace may be plaister'd over for the time , i fear it will be but like a fire cover'd with ashes , which will break out again , as long as these fiery schismaticks have any strength in this island ; so that all the premisses considered , if turk or tartar , or all the infernal spirits and cacodaemons of hel had broken in amongst us , they could not have done poor england more mischief . sir , i pray you excuse this homely imperfect relation , i have a thousand things more to impart unto you when we may breathe freer air ; for here we are come to that slavery , that one is in danger to have his very thoughts plundered ; therfore if you please to accept of my company , i will over with you by gods help , so soon as it may stand with your conveniency , but you must not discover me to be an englishman , abroad : for so i may be jeer'd at and kickt in the streets ; i will go under another name , and am fix'd in this resolution , never to breathe english aire again , untill the king recovers his crown , and the people the right use of their pericraniums ▪ the second part of a discourse ' twixt patricius and peregrin , touching the distempers of the times . london , printed in the year , . a discours , or parly , continued betwixt patricius and peregrin , upon their landing in france , touching the civil wars of england and ireland . peregrin . gentle sir , you are happily arrived on this shore ; we are now upon firm ground , upon the fair continent of france ; we are not circumscrib'd , or coopt up within the narrow bounds of a rhumatick island ; we have all europe before us . truly i am not a little glad to have shaken hands with that tumbling element the sea ; and for england , i never intend to see her again in the mind i am in , unlesse it be in a map ; nay , in statu quo nunc , while this faction reigns , had i left one eye behind me , i should hardly returne thither to fetch it ; therefore if i be missing at any time , never look for me there . there is an old proverb , from a blacke german , a white italian , a red frenchman , i may adde one member more , and , from a round-headed englishman , the lord deliver us . i have often crossed these seas , and i found my self alwaies pitifully sick , i did ever and anon tell what wood the ship was made of ; but in this passage i did not feele the least motion or distemper in my humors : for , indeed i had no time to taink on sicknesse , i was so wholly tsken up , and transported with such a pleasing conceit , to have left yonder miserable island . peregrin . miserable island indeed ; for i thinke there was never such a tyrannie exercised in any christian countrey under heaven ; a tyrannie that extends not onely to the body , but to the braine also ; not only to mens fortunes and estates , but it reaches to their very soules and consciences , by violented new coercive oaths and protestations , compos'd by lay-men , inconsistent with the liberty of christians . never was there a nation carried away by such a strong spirit of delusion ; never was there a poor people so purblinded and puppified , if i may say so , as i finde them to be ; so that i am at a stand with my selfe , whether i shall pitie them more , or laugh at them . they not onely kisse the stone that hurts them , but the hands of them that hurle it ; they are come to that passive stupidity , that they adore their very persecutors , who from polling fall now a shaving them , and will flay them at last if they continue this popular reigne . i cannot compare england , as the case stands with her , more properly , then to a poor beast , sicke of the staggers , who cannot be cur'd without an incision . the astronomers , i remember , affirme that the moone ( which predominates over all humid bodies ) hath a more powerfull influence o're your british seas then any other ; so that according to the observation of some nevigators , they swell at a spring tide in some places , above threescore cubits high : i am of opinion , that that inconstant humorous planet , hath also an extraordinany dominion over the braines of the inhabitants ; for when they attempt any innovation ( whereunto all insulary people are more subject then other citizens of the world which are fixed upon the continent ) they swell higher , their fancies worke stronglier , and so commit stranger extravagancies then any other : witnesse these monstrous barbarismes and violencies , which have bin , and are daily offered to religion and just●…ce , ( the two grand supporters of all states ) yea , to humane reason it self since the beginning of these tumults . and now , noble sir , give me leave to render you my humble thanks for that true and solid information you pleased to give me in london of these commotions . during my short sojourne there , i lighted on divers odde pamphlets upon the seamstresses stalls , whom i wondred to see selling paper sheets in lieu of holland : on the one side i found the most impudent untruths ( vouch'd by publike authority ) the basest scurrilities , and poorest jingles of wit that ever i read in my life ; on the other side i met with many pieces that had good stuff in them , but gave mee not ( being a stranger ) a full satisfaction , they look'd no further then the beginning of this parliament , and the particular emergences thereof : but you have , by your methodicall relation , so perfectly instructed and rectified my understanding , by bringing me to the very source of these distempers , and led me all along the side of the current by so streight a line , that i believe , whosoever will venture upon the most intricate task of penning the story of these vertiginous times , will finde himself not a little beholden to that relation , which indeed may be term'd a short chronicle rather then a relation . wee are come now under another clime , and here we may mingle words , and vent our conceptions more securely ; it being , as matters stand in your countrey , more safe to speake under the lilly then the rose ; wee may here take in and put out freer ayre ; i meane , we may discourse with more liberty : for , words are nought els but aire articulated , and coagulated as it were into letters and syllables . patricius . sir , i deserve not these high expressions of your favourable censure touching that poor piece ; but this i will be bold to say , that whosoever doth read it impartially , will discover in the author the genius of an honest patriot , and a gentleman . and now methinks i look on you unfortunate island , as if one look upon a ship toss'd up and down in distresse of wind and weather , by a furious tempest , which the more she tugs and wrastles with the foamie waves of the angry ocean , the more the fury of the storme encreaseth , and puts her in danger of shipwrack ; and you must needs thinke , sir , it would move compassion in any heart , to behold a poore ship in such a desperate case , specially when all his kindred , friends and fortunes ; yea his religion , the most precious treasure of all , are aboard of her , and upon point of sinking . alas i can contribute nothing now to my poor countrey but my prayers and teares , that it would please god to allay this tempest , and cast over board those that are the true causers of it , and bring the people to the right use of reason againe . it was well observed by you , sir , that there is a nationall kinde of indisposition , and obliquity of mind that rageth now amongst our people , and i feare it will be long ere they returne to their old english temper . to that rare loyalty and love which they were used to shew to their soveraigne : for all the principles of monarchie are quite lost amongst us , those ancient and sacret flowers of the english diadem are trampled under foot ; nay , matters are come to that horrid confusion , that not onely the prerogative of the crown , but the foundamentall priviledge of the free-born subject is utterly overthrowne , by those whose predecessors were used to be the main supporters of it : so that our king is necessitated to put himself in armes for the preservation not only of his own regall rights , but of magna charta it self , which was neuer so invaded and violated in any age , by such causlesse tyrannicall imprisonments , by such unexampled destructive taxes , by stopping the ordinary processes in law , and awing all the courts of justice , by unheard-of forced oaths and associations , and a thousand other acts , which neither president , book-case or statute can warrant , whereof , if the king had done but the twentieth part , he had been cryed up to be the greatest tyrant that ever was . peregrin . sir , i am an alien , and so can speak with more freedom of your countrey . the short time that i did eate my bread there , i felt the pulse of the people with as much judgement as i could ; and i find , that this very word parliament is become a kind of idoll amongst them , they doe , as it were , pin their salvation upon 't ; it is held blasphemie to speake against it . the old english maxime was , the king can do no wrong ; another nominative case is now stept in , that the parliament can do no wrong , nor the king receive any : and whereas ther was used to be but one defender of the faith , ther are now started up amongst you , i cannot tell how many hundreds of them . and as in the sacred profession of priest-hood we hold , or at least wise shold hold , that after the imposition of hands , the minister is inspired with the holy ghost in an extraordinary manner for the enabling of him to exercise that divine function , so the english are grown to such a fond conceit of their parliament members , that as soon as any is chosen by the confus'd cry of the common people to sit within the walls of that house , an inerring spirit , a spirit of infallibility presently entereth into him ( so that he is therby become like the pope , a canon animatus ) though som of them may haply be such flat and simple animals , that they are as fit to be counsellours , as caligula's horse was to be consull , as the historian tells us . patricius . touching parliament , ther breaths not a subject under englands crown , who hath a higher esteem of it then i , it makes that dainty mixture in our government of monarchy , optimacie and democracy , betwixt whom , though ther be a kind of co ordination of power during the sitting of parliament , yet the two last , which are composed of peers and people , have no power , but what is derived from the first , which may be called the soul that animates them , and by whose authority they meet , consult and depart : they come there to propose , not to impose lawes ; they come not to make lawes by the sword ; they must not be like draco's lawes , written in bloud . their king calls them thither to be his counsellors , not controllers ; and the office of counsell is to advise , not to inforce ; they come thither to intreat , not to treat with their liege lord ; they come to throw their petitions at his feet , that so they may find a way up to his hear●… . 't is tru , i have read of high things that our parliament have done , but 't was either during the nonage and minority of our kings , when they were under protectorship , or when they were absent in a forrain war , or in time of confusion , when ther were competitors of the bloud-royall for the crown , and when the number of both houses was compleat and individed ; but i never read of any parliament that did arrogate to it self such a power paramount , such a superlative superintendence , as to check the prerogative of their soverain , to question his negative voice , to passe things , not only without , but expresly against his advice and royall command : i never heard of parliament , that wold have their king , being come to the meridian of his age , to transmit his intellectualls , and whole faculty of reason to them . i find som parliaments have bin so modest and moderat ( now moderation is the rudder that shold steer the course of all great councells ) that they have declined the agitation and cognizance of som state affaires , humbly transferring them to their soverain and his privy counsell : a parliament man then , held it to be the adaequat object of his duty , to study the welfare , to redresse the grievances , and supply the defects of that particular place for which he served ; the members then us'd to move in their own ( inferior ) sphere , and us'd not to be transported by any eccentric motions . and so they thought to have complyed with the obligation , and discharged the consciences of honest patriots , without soaring above their reach , and roving at random to treat of universals , much lesse to bring religion to their bar , or prie into the arcana imperti , the cognizance of the one belonging to the king , and his intern counsell of state : the other to divines , who , according to the etymologie of the word , use to be still conversant in the exercise of speculation of holy and heavenly things . peregrin . i am clearly of your opinion in these two particulars ; for , secrecy being the soul of policy , matters of state shold be communicated but to few ; and touching religion , i cannot see how it may quadrat with the calling , and be homogeneous to the profession of lay-men , to determine matters of divinity ; who , out of their incapacity and unaptnesse to the work , being not pares negotio , and being carryed away by a wild kind of conscience without science , like a ship without a helm , fall upon dangerous quick-sands ; so that whilest they labour to mend her , they marr her , whilst they think to settle her , they confound her , whilst they plot to prevent the growth of popery , they pave the way to bring it in , by conniving at , and countenancing those monstrous schismes which i observed to have crept into your church since the reign of this parliament : so that one may justly say , these your reformers are but the executioners of the old project of the jesuits , the main part wherof was , and is still , to hurle the ball of discord , and hatch new opinions still 'twixt the protestants , to make factions and scissures between them , and so render their religion more despicable and ridiculous . but methinks , matters are come to a strange pass with you in england , that the iudges cannot be trusted with the law , nor the prelats with the gospell ; whereas from all times , out of their long experience and years , these two degrees of men were used to be reverenced for the chief touch-men , and unquestionable expositors of both , which another power seems now to arrogate to it self , as the inerring oracle of both : but i pray god that these grand refiners of religion , prove not quack-salvers at last ; that these upstart polititians prove not impostors : for i have heard of some things they have done , that if machiavell himself were alive , he wold be reputed a saint in comparison of them . the roman ten , and athenian thirty , were babies to these ; nay , the spanish inquisition , and the bloet-rade ( that councell of bloud ) which the duke of alva erected in flanders , when he swore , that he wold drown the hollanders in their butter-tubs , was nothing to this ; when i consider the prodigious power they have assumed to themselves , and do daily exercise over the bodies , the estates and souls of men . in your former discourse you told me , that amongst multitudes of other mischiefs , wh●…ch this new faction hath wrought , they have put division 'twixt all sorts and sexes , 'twixt all conditious , both of men and women ; one thing more i may say , they have done in this kind : for , they have laboured to put division between the persons of the holy trinity , by making the first person to be offended at that voluntary genuflection and reverence which hath bin from all times practised in the christian church to the name of the second person ; so that iesu worship , as i have read in some of your profane pamphlets , is grown now to be a word of reproach amongst you . but to the point ; ther is one thing i can never cease to wonder at : that whereas at the beginning of this parliament , ther were as able and experienced , as stout and well spoken gentlemen , as any in the whole kingdom , that sate in the house , and made the far major part , i wonder i say , that they wold suffer this giddy-headed faction to carry all before them in that violent manner , that they did not crush this cocatrice in the shell . patricius . first , sir , you know ther is nothing so agreeable to the nature of man , as novelty ; and in the conduct of humane affaires , it is always seen , that when any new design or faction is a foot , the projectors are commonly more pragmaticall and sedulous upon the work ; they lie centinell to watch all advantages , the sand of their brains is always running : this hath caused this upstart faction , to stick still close together , and continue marvellously constant to their ends ; they have bin used to tyre and out-fast , to weary and out-watch the moderate and well-minded gentlemen ; sometimes till after midnight , by clancular and nocturnall sittings ; so that as his majesty saies in one of his declarations , most of their votes may be said to be nought else , but verdicts of a starv'd iury. another reason is , that they countenanced the flocking together of the promiscuous rabble from london , notwithstanding the two severall motions the lords made unto them , that they might be suppressed by parliamentary order : this riotous crue awed the wonted freedom of speech in both houses , cryed up the names , and confronted many of their members : yet these new polititians not only conniv'd at them , but call'd them their friends ; and so they might well enough , or rather their champions ; for they had ordered the matter so , that they were sure to have them ready at their devotion , at the heaving of a finger : and from this tumultuous mongrell crue , they derived their first encouragements to do such high prodigious insolencies they have committed since . adde hereunto , that they complyed exceedingly besides with the common councell of the city , they used to attend them early and late to knock heads together ; and if any new thing was to passe in the house , they wold first wait on them , to know their pleasure , and afterwards it shold be propounded and put to vote in the house : and how derogatory it is to the high law-making-councell , to make their chiefest members wait from time to time on the magistrates of the city , who in former times were used to attend them upon all occasions in westminster , i am ashamed to think on ; nor am i lesse ashamed to remember those base artifices and indirect courses that were practis'd at the election of this pretended major ; here they tack'd about to a second choice ; after the first was legally made , and how the common-councell was pack'd up of the arrandest schismaticks up and down the city . and to that mutinous wealth-swoln city , and the said unbridled pack of oppidans ( seconded afterwards by the countrey clownes ) who offered such outrages to gods house , the kings house , and the parliament house , may be ascribed all miseries , and the miscarriage of things : for they caused his majesty to forsake his own standing palace , to absent himself from his parliament , and make that unpleasing p●…ogresse up and down his kingdom ever since , which put all counsells at a stand , and to be involv'd in a confusion . peregrin . but let me tell you that your britannick sun , though he be now ore-set with these unlucky clouds , engendred of the vapours of distempered brains , and the rotten hearts of many of his own meniall servants , who have proved like the sons of serviah unto him , ingratefull monsters , yet is he still in his own orb , and will , when this foul weather 's passed , and the aire cleared a little by thunder , shine more gloriously and powerfully then before , it being a maxime of state , that rebellion suppressed , makes a prince the stronger ; now rebellion durst never yet look a prince long in the face , for the majesty of gods anointed , useth to dart such fulgent piercing beams , that dazle the eyes of disloyalty , and strikes her stark blind at last . and truly , as you say , i am also clearly of opinion , that these ingratefull londoners , as they were the comencers , so have they been the continuers and contrivers of this ugly rebellion ever since ; they seem to have utterly forgotten who hath given them the sword , and by , and from whom they hold their charter ; their corporations are now grown body politicks , & so as many petty republikes amongst them , so that they begin to smell rank of a hans-town . poor simple annimals , how they suffer their pockets to be pick'd , their purses to be cut ; how they part with their vitall spirits every week ; how desperately they post on to poverty , and their own ruine , suffering themselves in lieu of scarlet-gownes , to be governed by a rude company of red-coats , who 'twixt plundering , assessements , and visits , will quickly make an end of them . i fear ther is som formidable judgment of regall revenge hangs over that city ; for the anger of a king is like the roaring of a lyon ; and i never read yet of any city that contested with her soverain , but she smarted soundly for it at last . the present case of london bears a great deal of proportion with that of monpellier here in france , in charls the seventh's time ; for when that town had refused the publishing of many of the kings edicts and declarations , murthered som of his ministers and servants , abused the church , and committed other high acts of insolency ; the duke of berry was sent to reduce the town to obedience ; the duke pressed them with so hard a siege , that at last the best citizens came forth in procession , bare-headed , & bare-footed , with white wands in their hands , and halters about their necks to deliver the keys of all the gates to the duke , but this wold not serve the turn , for two hundred of them were condemned to the gallies , two hundred of them were hang'd , and two hundred beheaded , the king saying , he offered those as victimes for the lives of his servants whom they had murthered with the false sword of justice . but , sir , i much marvell how your church-government , which from all times hath been cryed up to be so exact , is so suddenly tumbled into this confusion ? how your prelates are fallen under so darke a cloud , considering that divers of them were renowned through all the reform'd churches in christendome for their rare learning and pietie ? at the synod at dort , you know some of them assisted , and no exception at all taken at their degree and dignity , but took precedence accordingly , how came it to passe , that they are now fallen under this eclypse , as so be so persecuted , to be push'd out of the house of peers , and hurried into prison ? i pray you be pleased to tell me . patricius . sir , i remember to have read in the irish story , that when the earl of kildare in henry the eighth's time , was brought before the lord deputy for burning cassiles church , he answered , my lord , i would never have burnt the church , unlesse i had thought the biship had been in it ; for 't was not the church , but the bishop i aim'd at . one may say so of the anglican church at this present , that these fiery zelots , these vaporing sciolists of the times are so furiously enraged against this holy primative order ; some out of envie , some out of malice , some out of ignorance , that one may say , our church had not been thus set on fire , unlesse the bishops had been in 't . i grant there was never yet any profession made up of men , but there were some bad ; we are not angels upon earth there was a iudas amongst the first dozen of christians , though apostles , and they by our saviours owne election : amongst our prelates peradventure ( for i know of no accusation fram'd against them yet ) some might be faulty , and wanting moderation , being not contented to walk upon the battlements of the church , but they must put themselves ●…pon stilts ; but if a golden chaine hath happily a copper link two or three , will you therefore breake and throw away the whole chaine . if a few sho●…makers ( i confesse the comparison is too homely , but i had it of a scots man ) sell calfes skin for neats leather , must the gentle-craft be utterly extinguish ▪ d , must we go bare foot therefore ? let the persons suffer in the name of god , and not the holy order of episcopacy but good lord , how pittifully were those poor prelats handled ? what a tartarian kind of tyranny it was , to drag twice into prison twelve grave reverend bishops , causâ adhuc inaudita , and afterwards not to be able to frame as much as an accusation of misdemeanor against them , much lesse of treason , whereof they were first impeach'd with such high clamors : but i conceive it was of purpose , to set them out of the way , that the new faction might passe things better amongst the peers . and it seemes they brought their work about ; for whilest they were thus reclused and absent , they may be sayed to be thrust out of doores , and ejected out of their owne proper ancient inheritance , and the tower wherein they were cast might be called limbo patrum all the while . peregrin . but would not all this , with those unparallell'd bills of grace you mentioned in your first discourse , which had formerly passed , suffice to beget a good understanding , and make them confide in their king ? patricius . no , but the passing of these bills of grace , were term'd acts of duty in his majesty ; they went so far in their demands that 't was not sufficient for him to give up his tower , 〈◊〉 fleet-royall , his magazines , his ports , castl●… and servants , but he must deliver up his swor●… into their hands , all the souldiery & military forces of the land ; nay , he must give up his very understanding unto them ; he must resigne his own reason , and with an implicit faith or blind obedience , he must believe all they did was to make him glorious ; and if at any time he admonished them , o●… prescribed wayes for them to proceed and expedit matters , or if he advised them in any thing , they took it in a kind of indignation , and 't was presently cryed up to be breach of priviledge . peregrin . breach of priviledge forsooth , there is no way in my conceit , to make a king more inglorious , both at home and abroad , then to disarme him ; and to take from him the command and disposing of the militia throughout his kingdome , is directly to disarm him , & wrest the sword out of his hand : and how then can he be termed a defendor ? how can he defend either himself , or others ? 't is the onely way to expose him to scorn and derision ; truly , as i conceive , that demand of the militia was a thing not only unfit for them to ask , but for him to grant . but , sir , what shold be the reson which mov'd them to make that insolent proposall ? patricius . they cry'd out that the kingdom was upon point of being ruin'd ; that it was in the very jawes of destruction ; that there were forreign and in-land plots against it : all which are prov'd long since to be nothing else but meere chymera's ; yet people for the most part continue still so grossely besotted , that they cannot perceive to this day , that these forg'd feares , these utopian plots , those publick idea's were fram'd of purpose , that they might take all the martiall power into their hands ; that so they might without controulment cast the government of church and state into what mold they pleased , and ingrosse the chiefest offices to themselves : and from these imaginary invisible dangers proceeded these visible calamities , and grinding palpable pressures which hath accompanied this odious warre ever since . peregrin . herein methinks , your statists have shewne themselves politique enough , but not so prudent & honest ; for prudence & policy , though they often agree in the end , yet they differ in election of the meanes to compasse their ends : the one serves himself of truth , strength of reason , integrity , and gallantnesse in their proceedings ; the other of fictions , fraudulence , lies , and other sinister meanes ; the work of the one is lasting and permanent , the others worke moulders away , and ends in infamy at last ; for fraud and frost alwaies end foule . but how did they requite that most rare and high unexampled trust his majesty reposed in them , when he before passed that fatall act of continuance , a greater trust then ever english king put in parliament ? how did they performe their solemn promise and deepe protestations , to make him the most glorious ( at home and abroad ) the richest and best belovedst king that ever raigned in that island . patricius . herein i must confesse , they held very ill correspondence with him , for the more he trusted them , the more diffident they grew of him ; and truly , sir , herein white differs not so much from black , as their actions have been disconsonant to their words : touching the first promise , to make him glorious ; if to suffer a neighbouring nation ( the scot ) to demand and obtain what they pleased of him ; if to break capitulations of peace with a great forrein prince ( the french king ) by the renvoy of the capuchins , and divers other acts ; if to bring the dregs and riffraffe of the city to domineere before his court-gate , notwithstanding his proclamations of repressing them ; if to confront him and seek his life by fire and sword in open field , by open desiance , and putting him upon a defensive war ; if to vote his queen a traytresse , to shoot at her , to way-lay her , to destroy her , if to hinder the reading of his proclamations , and the sleighting of his declarations ( enclosed in letters sign'd and seal'd with his own hand ) for fear they shold bring the people to their wits again ; if to call them fetters of gold , divellish devises , fraught with doctrines of division , reall mistakes , absurd suppositions , though ther never dropt from princes pen , more full , more rationall and strong sinewy expressions ; if to suffer every shallow-brain'd scolist to preach , every pamphletter to print , every rotten-hearted man or woman to prate what they please of him and his queen ▪ if to sleight his often acknowledgment , condissentions , retractions , pronunciations of peace , and proffers of pardon ; if to endeavour to bring him to a kind of servile submission ; if to bar him of the attendance of his domestiques , to abuse and imprison his messengers , to hang his servants for obeying his commission ; if to prefer the safety and repute of five ordinary men , before the honour of their king , and being actually impeach'd of treason , to bring them in a kind of triumph to his house ; if for subjects to article , treat and capitulate with him ; if to tamper with his conscience , and make him forget the solemn sacramentall oath he took at his coronation ; if to devest him of all regall rights , to take from him the election of his servants and officers , and bring him back to a kind of minority ; if this be to make a king glorious , our king is made glorious enough . touching the second promise to make him the richest king that ever was ; if to denude him of his native rights , to declare that he hath no property in any thing but by way of trust , not so much property as an elective king ; if to take away his customs of inheritance ; if to take from him his exchequer and mint , if to thrust him out of his own towns , to suffer a lowsie citizen to lie in his beds within his royall castle of windsor , when he himself would have come thither to lodg ; if to enforce him to a defensive war , and cause him to engage his jewells and plate , and so plunge him in a bottomlesse gulph of debt for his necessary defence ; if to anticipate his revenue royall , and reduce him to such exigents that he hath scarce the subsistence of an ordinary gentleman ; if this be to make a rich king , then is our king made sufficiently rich . concerning their third promise , to make him the best belovedst king that ever was ; if to cast all the aspersions that possibly could be devised upon his government by publique elaborat remonstrances ; if to suffer and give texts to the strongest lung'd pulpiteers to poyson the hearts of his subjects , to intoxicat their brains with fumes of forg'd jealousies , to possesse them with an opinion , that he is a papist in his heart , and consequently hath a design to introduce popery ; if to sleight his words , his promises , his asseverations , oaths and protestations , when he calls heaven and earth to witnesse , when he desires no blessing otherwise to fall upon himself , his wife and children , with other pathetick deep-fetcht expressions , that wold have made the meanest of those millions of christians which are his vassals , to be believed ; if to protect delinquents , and proclaim'd traytors against him ; if to suscitate , authorise , and encourage all sorts of subjects to heave up their hands against him , and levy armes to emancepate themselves from that naturall allegiance , loyalty , and subjection , wherein , they and their fore-fathers were ever tyed to his royall progenitors ; if to make them swear and damn themselves into a rebellion ; if this be to make a king beloved , then this parliament hath made king charles the best beloved king that ever was in england . peregrin . i cannot compare this rebellion in england , more properly then to that in this kingdom , in king iohn's time , which in our french chronicle beares to this day the infamous name of iaquerie de beauvoisin ; the peasans then out of a surfeit of plenty , had grown up to that height of insolency , that they confronted the noblesse and gentry ▪ they gathered in multitudes , and put themselves in armes to suppresse , or rather extinguish them ; and this popular tumult never ceased , till charles le sage debell'd it ; and it made the kings of france more puissant ever since , for it much increased their finances , in regard that those extraordinary taxes which the people imposed upon themselves for the support of the war , hath continued ever since a firm revenue to the crown ; which makes me think of a facecious speech of the late henry the great , to them of orleans : for wheras a new imposition was laid upon the townsmen during the league by monsieur de la chastre , who was a great stickler in those wars ; they petitioned henry the fourth , that he wold be pleased to take off that taxe , the king asked them , who had laid that taxe upon them ? they said monsieur de la chastre , during the time of the league , the king replyed , puis que monsieur de la chatre vous à liguè qu'il vous destigue , since monsieur de la chastre hath leagu'd you , let monsieur de la chastre unleague you , and so the said taxe continueth to this day . i have observed in your chronicles that it hath bin the fate of your english kings to be baffled often by petty companions ; as iack straw , wat tyler , cade , warbecke and symnel . a waspe may somtimes do a shrewd turn to the eagle , as you said before ; your island hath bin fruitfull for rebellions , for i think ther hapned near upon a hundred since the last conquest , the city of london , as i remember , in your story hath rebelled seven times at least , and forfeited her charter i know not how often , but she bled soundly for it at last , and commonly , the better your princes were , the worse your people have been ; as the case stands , i see no way for the king to establish a setled peace , but by making a fifth conquest of you ; and for london , ther must be a way found to prick that tympany of pride wherwith she swells so much . patricius . 't is true , ther has bin from time to time many odd insurrections in england , but our king gathered a greater strength out of them afterwards , the inconstant people are alwayes accessary to their own miseries : kings prerogatives are like the ocean , which as the civilians tell us , if he lose in one pla●…e , he gets ground in another . cares and crosses ride behind kings , clowds hang over them . they may be eclypsed a while , but they will shine afterwards with a stronger lustre . our gracious soverain hath passed a kind of ordeal , a fiery triall ; he while now hath bin matriculated and serv'd part of an apprentiship in the school of affliction ; i hope god will please shortly to cancell the indenture , and restore him to a sweeter liberty then ever . this discourse was stopp'd in the press by the tyranny of the times , and not suffer'd to see open light till now . a sober and seasonable memorandum sent to the right honourable philip late earl of pembrock , and montgomery , &c. to mind him of the particular sacred ties ( besides the common oath of alleageance and supremacy ) wereby he was bound to adhere to the king his liege lord and master . presented unto him in the hottest brunt of the late civill wars . iuramentum ligamen conscientiae maximum . london , printed in the year , . to the right honourable , philip earl of pembrock , and montgomery , knight of the bath ; knight of the most noble order of the garter ; gentleman of his majesties bed-chamber , and one of his most honorable privy counsell , &c. my lord , this letter requires no apology , much lesse any pardon , but may expect rather a good reception and thanks , when your lordship hath seriously perused the contents , and ruminated well upon the matter it treats of by weighing it in your second and third thoughts which usually carry with them a greater advantage of wisdom : it concerns not your body , or temporall estate , but things reflecting upon the noblest part of you , your soul , which being a beam of immortality , and a type of the almighty , is incomparably more precious , and rendereth all other earthly things to be but bables and transitory trifles . now , the strongest tye , the solemnest engagement and stipulation that can be betwixt the soul and her creator , is an oath . i do not understand common tumultuary rash oaths , proceeding from an ill habit , or heat of passion upon sudden contingencies , for such oaths bind one to nought else but to repentance : no , i mean serious and legall oaths , taken with a calm prepared spirit , either for the asserting of truth , and conviction of falshood , or for fidelitie in the execution of some office or binding to civill obedience and loyaltie , which is one of the essentiall parts of a christian ; such publick oaths legally made with the royall assent of the soveraigne from whom they receive both legalitie and life ( else they are invalid and unwarrantable ) as they are religious acts in their own nature , so is the taking and observance of them part of gods honor , and there can be nothing more derogatory to the high majesty and holinesse of his name , nothing more dangerous , destructive and damnable to humane souls then the infringment and eluding of them , or omission in the performance of them . which makes the turks , of whom christians in this particular may learn a tender peece of humanity , to be so cautious , that they seldom or never administer an oath to greek , jew , or any other nation , and the reason is , that if the party sworn doth take that oath upon hopes of some advantage , or for evading of danger and punishment , and afterwards rescinds it , they think themselves to be involved in the perjury , and so accessary to his damnation : our civill law hath a canon consonant to this , which is , mortale peccatum est ei praestare juramentum , quem scio verisimiliter violaturum ; 't is a mortall sin to administer an oath to him who i probably know will break it ; to this may allude another wholesome saying , a false oath is damnable , a true oath dangerous , none at all the safest . how much then have they to answer for , who of late yeares have fram'd such formidable coercive generall oaths to serve them for engins of state to lay battery to the consciences and soules of poor men , and those without the assent of their soveraign , and opposit point blank to former oaths they themselves had taken : these kind of oaths the city of london hath swallowed lately in grosse , and the country in detaile , which makes me confidently beleeve that if ever that saying of the holy prophet , the land mournes for oaths , was appliable to any part of the habitable earth , it may be now applied to this reprobate iland . but now i come to the maine of my purpose , and to those oaths your lordship hath taken before this distracted time , which the world knowes , and your conscience can testifie , were divers ; they were all of them solemn , and some of them sacramentall oaths ( and indeed , every solemn oath among the antients was held a sacrament : ) they all implyed , and imposed an indispensible fidelity , truth and loyalty from you to your soveraign prince , your liege lord and master the king : i will make some instances : your lordship took an oath when knight of the bath to love your soveraign above all earthly creatures , and for his right and dignity to live and die &c. by the oath of supremacy you swear to beare faith and true allegeance to the kings highnesse , and to your power to defend all ●…urisdictions , priviledges , preheminences and authorities belonging to his highnesse &c. your lordship took an oath when privie counsellor , to be a true and faithfull servant unto him , and if you knew or understood of any manner of thing to be attempted , done , or spoken against his majesties person , honour , crown , or dignity , you swore to let , and withstand the same to the uttermost of your power , and either cause it to be revealed to himself , or to others of his privy counsell ; the oaths you took when bedchamber man , and l. chamberlain bind you as strictly to his person . your lordship may also call to memorie when you were installed knight of the garter , ( whereof you are now the oldest living except k ▪ of denmark ) you solemnly swore to defend the honour and quarrels , the rights and lordship of your ▪ soveraigne : now the record tells us that the chiefest ground of instituting the said order by that heroick prince edward the third was , that he might have choice gallant men , who by oath and honour should adhere unto him in all dangers , and difficulties , and that by way of reciprocation hee should protect and defend them , which made alfonso duke of calabria so much importune henry the eight to install him one of the knights of the garter , that he might engage king harry to protect him against charles the eighth , who threatned then the conquest of naples . how your lordship hath acquitted your self of the performance of these oaths , your conscience ( that bosome record ) can make the best affidavit ; some of them oblige you ●…o live and dye with king charles , but what oaths or any thing like an oath binds you to live and die with the house of commons , as your lordship often gives out you will , i am yet to learne : unlesse that house which hath not power as much as to administer an oath ( much lesse to make one ) can absolve you from your former oaths , or haply by their omnipotence dispence with you for the observance of them . touching the politicall capacitie of the king , i feare that will be a weak plea for your lordship before the tribunall of heaven , and they who ▪ whisper such chimeras into your ears , abuse you in grosse ; but put case there were such a thing as politicall capacitie distinct from the personal , which to a true rationall man is one of the grossest buls that can be , yet these forementioned oaths relate most of them meerly unto the kings person , the individuall person of king charles , as you are his domestick counsellor , and cubicular servant . my lord , i take leave to tell your lordship ( and the spectator sees sometimes more then the gamester ) that the world extreamely marvels at you more then others , and it makes those who wish you best to be transformed to wonder , that your lordship shold be the first of your race who deserted the crown , which one of your progenitors said , he would still follow though it were thrown upon an hedg : had your princely brother ( william earl of pembrock ) bin living he wold have bin sooner torn by wild horses than have banded against it , or abandoned the king his master , and fallen to such grosse idolatry as to worship the beast with many heads . the world also stands astonished that you shold confederate to bring into the bowels of the land , and make elogiums in some of your speeches of that hungry people which have bin from all times so crosse and fatall to the english nation , and particularly to your own honour : many thousands do wonder that your lordship shold be brought to persecute with so much animosity and hatred that reverend order in gods church ( episcopacy ) which is contemporary with christianity it self , and wherunto you had once designed , and devoted one of your dearest sons so solemnly . my lord , if this monster of reformation ( which is like an infernall spirit clad in white , and hath a cloven head as well as feet ) prevailes , you shall find the same destiny will attend poor england , as did bohemia which was one of the flourishingst kingdoms upon that part of the earth , which happen'd thus : the common people ther repind at the hierarchy and riches of the church , therupon a parliament was pack'd where bishops were abolished , what followed ? the nobles and gentry went down next , and afterwards the crown it self , and so it became a popular confus'd anarchicall state , and a stage of bloud a long time , so that at last , when this magot had done working in the brains of the foolish peeple , they were glad to have recourse to monarchy again after a world of calamities ; though it degenerated from a successive kingdom to an elective . methinks , my lord , under favour that those notorious visible judgements which have fallen upon these refiners of reform'd religion shold unbeguile your lordship , and open your eyes : for the hand of heaven never appeared so clearly in any humane actions : your lordship may well remember what became of the hothams , and sir alexander cary , who were the two fatall wretches that began the war first , one in the north , the other in the south , plymouth and hull . your lordship may be also pleased to remember what became of brooks the lord , and hampden , the first whereof was dispatched by a deaf and dumb man out of an ancient church ( at litchfield ) which he was battering , and that suddenly also , for he fell down stone dead in the twinkling of an eye ; now , one of the greatest cavils he had against our liturgy was a clause of a prayer ther against sudden death ; besides , the fag end of his grace in that journey was , that if the design was not pleasing to god , he might perish in the action : for the other ( hampden ) he besprinkled with his bloud , and received his death upon the same clod of earth in buckingham-shire where he had first assembled the poor country people like so many geese to drive them gaggling in a mutiny to london with the protestation in their caps , which hath bin since torn in flitters , and is now grown obsolet and quite out of use . touching pym and stroud , those two worthy champions of the utopian cause , the first being opened , his stomack and guts were found to be full of pellets of bloud , the other had little or no brain in his skull being dead , and lesse when he was living : touching those who carryed the first scandalous remonstrance ( that work of night and the verdict of a starv'd jury ) to welcome the king from scotland , they have bin since ( your lordship knows well ) the chief of the eleven members impeached by the house . and now they are a kind of runnagates beyond the seas , scorn'd by all mankind , and baffled every where , yea , even by the boors of holland , and not daring to peep in any populous town but by owle-light . moreover , i believe your lordship hath good cause to remember that the same kind of riotous rascals , which rabbled the k. out of town , did drive away the speaker in like manner with many of their memberships ( amongst whom your lordship was fairly on his way , ) to seek shelter of their janizaries the redcoats : your lordship must needs find what deadly fewds fal daily ' twix●… the presbyterian and the independent , the two fiery brands that have put this poor isle so long in combustion . but 't is worthy your lordships speciall notice how your dear brethren the scots ( whom your lordship so highly magnified in some of your publick speeches ) who were at first brought in for hirelings against the king for them , offer themselves now to come in against them for the king : your lordship cannot be ignorant of the sundry clashes that have bin 'twixt the city and their memberships , and 'twixt their memberships and their men of war or military officers , who have often wav'd and disobeyed their commands : how this tatterdimallian army hath reduc'd this cow'd city , the cheated country , and their once all-commanding masters , to a perfect passe of slavery , to a tru asinin condition ; they crow over all the ancient nobility and gentry of the kindom , though ther be not found amongst them all but two knights ; and 't is well known ther be hundreds of privat gentlemen in the kingdom , the poorest of whom , is able to buy this whole host with the generall himself and all the commanders : but 't is not the first time , that the kings and nobility of england have bin baffled by petty companions : i have read of iack straw , wat tyler , and ket the tanner , with divers others that did so , but being suppressed it tended to the advantage of the king at last ; and what a world of examples are ther in our story , that those noblemen who banded against the crown , the revenge of heaven ever found them out early or late at last . these , with a black cloud of reciprocall judgments more , which have come home to these reformers very doors , shew that the hand of divine justice is in 't , and the holy prophet tells us , when gods judgments are upon earth , then the inhabitants shall learn justice . touching your lordship in particular , you have not , under favour , escap'd without some already , and i wish more may not follow ; your lordship may remember you lost one son at bridgenorth , your dear daughter at oxford , your son-in-law at newbury , your daughter-in-law at the charter-house of an infamous disease , how sick your eldest son hath bin ; how part of your house was burnt in the country , with others which i will not now mention . i will conclude this point with an observation of the most monstrous number of witches that have swarm'd since these wars against the king , more ( i dare say ) then have bin in this island since the devil tempted eve ; for in two counties only , viz. suffolk and essex , ther have bin near upon three hundred arraign'd , and eightscore executed ( as i have it from the clerks of the peace of those counties ; ) what a barbarous devilish office one had , under colour of examination , to torment poor silly women with watchings , pinchings and other artifices to find them for witches : how others call'd spirits by a new invention of villany were conniv'd at for seizing upon young children , and 〈◊〉 them on shipboard , where having their 〈◊〉 〈◊〉 they were so transform'd that their 〈◊〉 could not know them , and so were carryed over for new schismaticall plantations to new-england and other seminaries of rebellion . my lord , ther is no villany that can enter into the imagination of man hath bin left here uncommitted ; no crime from the highest treason to the meanest trespasse , but these reformers are guilty of . what horrid acts of prophanes have bin perpetrated up and down ! the monuments of the dead have bin rifled ! horses have bin watered at the church font , and fed upon the holy table ! widows , orphans , and hospitals have bin commonly robb'd , and gods house hath bin plunder'd more then any ! with what infandous blasphemies have pulpits rung ! one crying out , that this parliament was as necessary for our reformation , as the comming of christ was for our redemp●…ion : another belching out , that if god almighty did not prosper this cause , 't were fitting he shold change places with the devil : another , that the worst thing our savoour did , was the making of the dominical prayer , and saving the thief upon the crosse. o immortal god , is it possible that england shold produce such monsters , or rather such infernal fiends shap'd with humane bodies ! yet your lordship sides with these men , though they be enemies to the cross , to the church , and to the very name of iesus christ ; i 'le instance only in two who were esteem'd the oracles of this holy reformation , petrs , and saltmarsh ; the first is known by thousands to be an infamous , jugling and scandalous villaine , among other feats , he got the mother and daughter with child , as it was offered to be publickly proved ; i could speak much of the other , but being dead , let it suffice that he dyed mad and desperate , yet these were accounted the two apostles of the times . my lord , 't is high time for you to recollect your self , to enter into the private closet of your thoughts , and summon them all to counsel upon your pillow ; consider well the slavish condition your dear country is in , weigh well the sad case your liege lord and master is in , how he is bereav'd of his queen , his children , his servants , his liberty , his chaplains , and of every thing in which there is any comfort ; observe well , how neverthelesse , god almighty works in him by inspiring him with equality and calmnesse of mind , with patience , prudence and constancy , how hee makes his very crosses to stoop unto him , when his subjects will not : consider the monstrousnesse of the propositions that are tendred him , wherein no lesse then crown , scepter , and sword , which are things in-alienable from majesty , are in effect demanded , nay , they would have him transmit , and resign his very intellectuals unto them , not only so , but they would have him make a sacrifice of his soul , by forcing him to violate that solemne sacramentall oath hee took at his coronation when hee was no minor , but come to a full maturity of reason and judgement : make it your own case , my lord , and that 's the best way to judge of his : think upon the multiplicity of solemne astringing oathes your lordship hath taken , most whereof directly and solely enjoyne faith and loyalty to his person ; oh my lord ! wrong not your soule so much , in comparison of whom your body is but a rag of rottennesse . consider that acts of loyalty to the crown are the fairest columns to bear up a noblemans name to future ages , and register it in the temple of immortality . reconcile your self therefore speedily unto your liege lord and master , think upon the infinit private obligations you have had both to sire and son : the father kiss'd you often , kisse you now the sun lest he be too angry ; and kings , you will find , my lord , are like the sun in the heavens , which may be clouded for a time , yet he is still in his sphear , and will break out againe and shine as gloriously as ever ; let me tell your lordship that the people begin to grow extream weary of their physitians , they find the remedy to be far worse then their former disease ; nay they stick not to call some of them meer quacksalvers rather then physitians ; some goe further , & say they are no more a parliament then a pye-powder court at bartholmew-fair , ther being all the essentiall parts of a true parliament wanting in this , as fairnesse of elections , freedome of speech , fulnesse of members , nor have they any head at all ; besides , they have broken all the fundamental rules , and priviledges of parliament , and dishonoured that high court more then any thing else : they have ravish'd magna charta which they are sworn to maintain , taken away our birth-right therby , and transgressed all the laws of heaven and earth : lastly , they have most perjuriously betrayed the trust the king reposed in them , and no lesse the trust their country reposed in them , so that if reason and law were now in date , by the breach of their priviledges , and by betraying the said double trust that is put in them , they have dissolved themselves ipso facto i cannot tell how many thousand times , notwithstanding that monstrous grant of the kings , that fatall act of continuance : and truly , my lord , i am not to this day satisfied of the legality ( though i am satisfied of the forciblenesse of that act ) whether it was in his majesties power to passe it or no ; for the law ever presupposeth these clauses in all concessions of grace , in all patents , charters , and grants whatsoever the king passeth , salvo jure regio , salvo jure coronae . to conclude , as i presume to give your lordship these humble cautions and advice in particular , so i offer it to all other of your rank , office , order and relations , who have souls to save , and who by solemn indispensable oaths have ingaged themseves to be tru and loyall to the person of king charls . touching his political capacity , it is a fancy which hath bin exploded in all other parliaments except in that mad infamous parliament wher it was first hatched ; that which bears upon record the name of insanum parliamentum to all posterity , but many acts have passed since that , it shold be high and horrible treason to separat or distinguish the person of the king from his power ; i believe , as i said before , this distinction will not serve their turn at the dreadful bar of divine justice in the other world : indeed that rule of the pagans makes for them , si iusjurandum violandum est , tyrannis causâ violandum est , if an oath be any way violable , 't is to get a kingdom : we find by woful experience that according to this maxime they have made themselves all kings by violation of so many oaths ; they have monopoliz'd the whole power and wealth of the kingdom in their own hands ; they cut , shuffle , deal , and turn up what trump they please , being judges and parties in every thing . my lord , he who presents these humble advertisments to your lordship , is one who is inclin'd to the parliament of engl. in as high a degree of affection as possibly a free-born subject can be ; one besides , who wisheth your lordships good , with the preservation of your safety and honour more really then he whom you intrust with your secretest affaires , or the white iew of the upper house , who hath infused such pernicious principles into you ; moreover , one who hath some drops of bloud running in his veins , which may claim kindred with your lordship : and lastly , he is one who would kiss your feet , in lieu of your hands , if your lordship wold be so sensible of the most desperat case of your poor country , as to employ the interests , the opinion and power you have to restore the king your master by english waies , rather then a hungry forrein people , who are like to bring nothing but destruction in the van , confusion in the rear , and rapine in the middle , shold have the honour of so glorious a work . so humbly hoping your lordship will not take with the left hand , what i offer with the right , i rest , from the prison of the fleet . septembris . your lordships truly devoted servant . i. h. his late majesties royal declaration , or manifesto to all forrein princes and states , touching his constancy in the protestant religion . being traduced abroad by some malicious and lying agents , that he was wavering therin , and upon the high road of returning to rome . printed in the year , . to the unbiass'd reder . it may be said that mischief in one particular hath somthing of vertue in it , which is , that the contrivers and instruments thereof are still stirring and watchfull . they are commonly more pragmaticall and fuller of devices then those sober-minded men , who while they go on still in the plaine road of reason , having the king , and knowne lawes to justifie and protect them , hold themselfs secure enough , and so think no hurt ; iudas eyes were open to betray his master , while the rest of his fellow-servants were quietly asleep . the members at westminster were men of the first gang , for their mischievous braines were alwayes at work how to compasse their ends ; and one of their prime policies in order thereunto was to cast asspersions on their king , thereby to alienat the affections and fidelity of his peeple from him ●…notwithstanding that besides their pub●…ick declarations they made new oaths and protestations , whereby they swore to make him the best belov'd king that ever was ; ) nor did this diabolicall malice terminat only within the bounds of his own dominions , but it extended to infect other princes and states of the reformed churches abroad to make him suspected in his religion , & that he was branling in his belief , and upon the high way to rome ; to which purpose they sent missives and clandestine emissaries to divers places beyond the seas , whereof forren authors make mention in their writings . at that time when this was in the height of action , the passage from london to oxford , where the king kept then his court , was so narrowly blockd up , that a fly could scarce passe ; some ladies of honor being search'd in an unseemly and barbarous manner ; whereupon the penner of the following declaration , finding his royal master to be so grosly traduced , made his duty to go beyond all presumptions , by causing the sayd declaration to be printed and publish'd in latin , french and english , whereof great numbers were sent beyond the seas to france , holland , germany , suisserland , denmark , swethland , and to the english plantations abroad , to vindicat his majesty in this point , which produc'd very happy and advantagious effects for salmtisius , and other forrin writers of great esteem speake of it in their printed works . the declaration was as followeth . carolus , singulari omnipotentis dei providentia angliae , scotiae , franciae & hiberniae rex , fidei defensor , &c. universis et singulis qui praesens hoc scriptum ceu protestationem inspexerint , potissimum reformatae religionis cultoribus cujuscunque sint gentis , gradus , aut conditionis , salutem , &c. cum ad aures nostras non ita pridem fama pervenerit , sinistros quosdam rumores , literasque politica vel perniciosa potiùs quorundam industriâ sparsas esse , & nonnullis protestantium ecclesiis in exteris partibus emissas , nobis esse animum & consilium ab illa orthodoxa religione quam ab incunabulis imbibimus , & ad hoc usque momentum per integrum vitae nostrae curriculum amplexi sumus recedendi ; & papismum in haec regna iterum introducendi , quae conjectura , ceu nefanda potius calumnia nullo prorsus nixa vel imaginabili fundamento horrendos hosce tumultus , & rabiem plusquàm belluinam in anglia suscitavit sub pretextu cujusdam ( chimericae ) reformationis regimini , legibusque hujus dominii non solum incongruae , sed incompatibilis : volumus , uttoti christiano orbi innotescat , ne minimam quidem animum nostrum incidisse cogitatiunculam hoc aggrediendi , aut transversum unguem ab illa religione discedendi quam cum corona , septroque hujus regni solenni , & sacramentali juramento tenemur profiteri , protegere & propugnare . nectantum constantissima nostra praxis , & quotidiana in exercitiis praefa●…ae religionis praesentia , cum crebris in facie nostrorum agminum asseverationibus , publicisque procerum hujus regni testimoniis , & sedula in regiam nostram sobolem educando circumspectione ( omissis plurimis aliis argumentis ) luculentissimè hoc demonstrat , sed etiam faelicissimum illud matrimonium quod inter nostram primogenitam , & illustrissimum principem 〈◊〉 sponte contraximus , idem fortissimè attestatur : quo nuptiali faedere insuper constat , nobis non esse propositum illam profiteri solummodo , sed expandere , & corroborare quantum in nobis situm est . hanc sacrosanctam anglicanae christi ecclesiae religionem , tot theologorum convocationibus sancitam , tot comitiorum edictis confirmatam , tot regiis diplomatibus stabilitam , una cum regimine ecclesiastico , & liturgia ei annexa , quam liturgiam , regimenque celebriores protestantium authores tam germani , quam galli , tam dani quam helvetici , tam batavi , quam bohemi multis elogiis nec sine quadam invidia in suis publicis scrip●…is comproban●… & applaudunt , ut in transactionibus dordrechtanae synodus , cui nonnulli nostrorum praesulum , quorum dignitati debi●…a prestita fuit reverentia , interfuerunt , apparet istam , inquimus religionem , quam regius noster pater ( beatissimae memoriae ) in illa celeberrima fidei suae confessione omnibus christianis principibus ( ut & haec praesens nostra protestatio exhibita ) publicè asserit : istam , istam religionem solenniter protestamur , nos integram , sartam-tectam , & inviolabilem conservaturos , & pro virili nostro ( divino adjuvante numine ) usque ad extremam vitae nostrae periodum protecturos , & omnibus nostris ecclesiasticis pro muneris nostri , & supradicti sacrosancti juramenti ratione doceri , & praedicari curaturos . quapropter injungimus & in mandatis damus omnibus ministris nostris in exteris partibus tam legatis , quam residentibus , agentibusque & nunciis , reliquisque nostris subditis ubicunque orbis christiani terrarum aut curiositatis aut comercii gracia degentibus , hanc solennem & sinceram nostram protestationem , quandocunque sese obtulerit loci & temporis oportunitas , communicare , asserere , asseverare . dat. in academia et civitate nostra oxoniensi pridie idus maii , . charles by the special providence of almighty god , king of england , scotland , france , and ireland , defendor of the faith , &c. to all who profess the tru reformed protestant religion , of what nation , degree , and condition soever they be to whom this present declaration shall come , greeting . wheras we are given to understand , that many false rumors , and scandalous letters are spread up and down amongst the reforme●… churches in forein parts by the pollitick , or rather the pernitious industry of som ill-affected persons , that we have an inclination to recede from that orthodox religion , which we were born , baptized , and bred in , & which we have firmly professed and practised throughout the whol course of our life to this moment , and that we intend to give way to the introduction , and publick exercise of popery again in our dominions : which conjecture or rather most detestable calumny , being grounded upon no imaginable foundation , hath raised these horrid tumults , and more then barbarous wars throughout this flourishing island , under pretext of a kind of reformation , which wold not only prove incongruous , but incompatible with the fundamental laws and government of this kingdom , we do desire that the whol christian world shold take notice and rest assured , that we never entertained in our imagination the least thought to attempt such a thing , or to depart a jot from that holy religion , which when we received the crown and scepter of this kingdom , vve took a most solemn sacramental oath to profess and protect . nor doth our most constant practise and quotidian visible presence in the exercise of this sole religion , with so many asseverations in the head of our armies , and the publick attestation of our barons , with the circumspection used in the education of our royall off-spring , besides divers other undeniable arguments , only demonstrate this ; but also that happy alliance of marriage , vve contracted 'twixt our eldest daughter , and the illustrious prince of orenge , most clearly confirmes the reality of our intentions herein ; by which nuptial ingagement it appears further , that our endeavours are not only to make a bare profession thereof in our own dominions , but to inlarge and corroborate it abroad as much as lieth in our power : this most holy religion of the anglican church , ordained by so many convocations of learned divines , confirmed by so many acts of national parliaments , and strengthned by so many royal proclamations , together with the ecclesiastick discipline , and liturgy therunto appertaining , which liturgy and discipline , the most eminent of protestant authors , as well germans as french ; as well danes as swedes and swittzens ; as well belgians as bohemians , do with many elogies ( and not without a kind of envy ) approve and applaud in their publick writings , particularly in the transactions of the synod of dort , wherin besides other of our divines ( who afterwards were prelates ) one of our bishops assisted , to whose dignity all due respects and precedency was given : this religion we say , which our royal father of blessed memory doth publickly assert in his famous confession addres'd , as we also do this our protestation , to all christian princes ; this , this most holy religion , with the hierarchy and liturgy therof , we solemnly protest , that by the help of almighty god , we will endeavour to our utmost power , and last period of our life , to keep entire and inviolable , and will be careful , according to our duty to heaven , and the tenor of the aforesaid most sacred oath at our coronation , that all our ecclesiasticks in their several degrees and incumbences shall preach and practise the same . vvherfore vve enjoyn and command all our ministers of state beyond the seas , aswell ambassadors as residents , agents , and messengers , and vve desire all the rest of our loving subjects that sojourn either for curiosity or commerce in any forein parts , to communicate , uphold and assert this our solemn and sincere protestation when opportunity of time and place shall be offered . charles , par la providence de dieu roy de la grand ' bretagne , de france , et d' irlande , defenseur de la foy , &c. a tous ceux qui ceste presente declaration verront , particulierement a ceux de la religion reformee de quelque nation , degreou condition qu'ils soient , salut . ayant receu advis de bonne main que plusieurs faux rapports & lettres sont esparses parmi les eglises reformees de là la mer , par la politique , ou plustost la pernicieuse industrie de personnes mal affectionnes a nostre government ; que nous auons dessein a receder de celle religion que nous auons professè & pratiquè tout le temps de nostre vie iusques a present ; & de vouloir introduire la papautè derechef en nos dominions , laquelle conjecture , ou calumnie plustost , appuyee sur nul fundement imaginable , a suscitè ces horribles tumultes & allumè le feu d' une tressanglante guerre en tous les quatre coins de ceste fleurissante monarchie , soubs pretexte d' une ( chymerique ) reformation , la quelle seroit incompatible avec le governement & les loix fondementales de ce royaume . nous desi●…ons , quil soit notoire a tout le monde , que la moindre pensee de ce faire n●… a pas entree en nostre imagination , de departir ancunement de cell ' orthodoxe religion , qu' auec la couronne & le sceptre de ce royaume nous sommes tenus par un serment solennel & sacramentaire a proteger & defendre . ce qu' appert non seulement par nostre quotidienne presence es exercies de la dite religion , avec , tan●… d' asseverations a la teste de nos armees , & la publicque attestation de nos barons , avec le soin que nous tenons en la nourrituredes princes & princesses nos ensans , mais le tres-heureux mariage que nous avons conclu entre la nostre plus aisnee , & le tres-illustrie prince d' orenge en est encore un tres-evident tesmoignage , par la quell ' alliance il appert aussy , que nostre desir est de n' en faire pas vne nue profession seulement dicelle , mais de la vouloir estendre & corroberer autant qu' il nous est possible : cest ' orthodoxe religion de leglise anglicane ordonnee par tant de conventione de teologues , confirmee par tant de arrests d' parlement , & fortifie par tant d' edicts royaux auec la discipline & la lyturgi●… a elle appartenant , laquelle discipline & lyturgie les plus celebres autheurs protestants , tant francois , qu' allemands ; tant seudois que suisses , tant belgiens que bohemiens approuent entierement & non sans quelqu envie en leur escrits particulierement en la synode de dort , ou un de nos euesques assistoit , & la reverence & precedence deue a sa dignite ecclesi●…stique luy fut exactement rendue : ceste tres-sainte religion que nostre feu pere de ●…res-heureuse memoire aduoue en sa celebre confession de la foy addressee come nous faisons ceste declaration a tous princes chrestiens ; nous protestons que moyennant la grace de dieu , nous tascherone de conseruer ceste religion inviolable , & en son entier selon la mesure de puissance que dieu amis entre nos mains ; et nous requerons & commandons a tous nos ministres d' estat tant ambassadeurs , que residens , agens ou messagers , & a tous autres nos subjects qui fontleurseiour es paysestrangers de communiquer , maintenir & adouuer cestenostre solennelle protestation toutes fois & quantes que l' ocasion se presentera . apologs , or fables mythologiz'd . out of whose moralls the state and history of the late unhappy distractions in great britain and ireland may be extracted ; some of which apologs have prov'd prophetical . — nil est nisi fabula mundus . london , printed in the year , . to my honored and known friend sir i. c. knight . sir , amongst many other barbarismes which like an impetuous torrent have lately rush'd in upon us , the interception and opening of letters is none of the least , for it hath quite bereft all ingenious spirits of that correspondency and sweet communication of fancy , which hath bin alwaies esteemed the best fuel of affection , and the very marrow of friendship . and truly , in my judgement , this custom may be termed not only a barbarisme , but the ba●…est kind of burglary that can be , 't is a plundering of the very brain , as is spoken in another place . we are reduced here to that servile condition , or rather to such a height of slavery , that we have nothing left which may entitle us free rationall creatures ; the thought it self cannot say 't is free , much less the tongue or pen. which makes me impart unto you the traverses of these turbulent times , under the following fables . i know you are an exquisite astronomer . i know the deep inspection you have in all parts of philosophy , i know you are a good herald , and i have found in your library sundry books of architecture , and comments upon vitruvius . the unfolding of these apologues will put you to it in all these , and will require ▪ your second , if not your third thoughts , and when you have concocted them well , i believe , ( else i am much deceived in your genius ) they will afford you som entertainment , and do the errand upon which they are sent , which is , to communicate unto you the most material passages of this long'd-for parlement , and of these sad confusions which have so unhing'd , distorted , transvers'd , tumbled and dislocated all things , that england may be termed now , in comparison of what it was , no other then an anagram of a kingdom . one thing i promise you , in the perusal of these parables , that you shall find no gingles in them , or any thing sordid or scurrilous , the common dialect and disease of these times . so i leave you to the gard and guidance , of god and vertu who do still advance their favorits , maugre the frownes of chance . your constant servant , i. h. the great conjunction , or , parlement of stars . upon a time , the stars complained to apollo , that he displayed his beams too much upon some malignant planets ; that the moone had too great a share of his influence , and that he was carryed away too much by her motion : they complained also , that the constellation of libra ( which holds the ballance of justice ) had but a dim light , and that the astrean court was grown altogether destructive , with divers other grievances . apollo hereupon , commanded mercury to summon a generall synod , where some out of every asterisme throughout the whole firmament were to meet ; apollo told them , i am placed here by the finger of the almighty , to be monarch of the skie , to be the measurer of time , and i goe upon his errand round about the worl●… every foure and twenty houres : i am also the fountaine of heate and light , which , though i use to dispence and diffuse in equall proportions through the whole universe ; yet there is difference 'twixt objects , a castle hath more of my light then a cottage , and the cedar hath more of me then the shrub , according to the common axiom , quicquid recipitur , recipitur ad modum recip●…entis . but touching the moon , ( the second great luminary ) i would have you know , that she is dearest unto mee , therefore let none repine that i cherish her with my beams , and confer more light on her then any other . touching the malignant planets , or any other star , of what magnitude soever , that moves not in a regular motion , or hath run any excentrick exorbitant course , or that would have made me to move out of the zodiak , i put them over unto you , that upon due legall examination and proof , they may be unspher'd or extinguished . but i would have this done with moderation ; i would have you to keep as neer as you can between the tropiques and temperate zones : i would have things reduced to their true principles , i wold have things reformed , not ruin'd ; i would have the spirit of malice and lying , the spirit of partiality and injustice , the spirit of tyranny and rigour , the base spirit of feare and jealousie to be farre from this glorious syderean synod ; i would have all private interests reflecting upon revenge or profit , to be utterly banished hence : moreover , i would not have you to make grievances , where no grievances are , or dangers where no dangers are . i would have no creation of dangers ; i would have you to husband time as parsimoniously as you can , lest by keeping too long together , and amusing the world with such tedious hopes of redress of grievances , you prove your self the greatest grievance at last , and so from starrs become comets : lastly , i would have you be cautious how you tamper with my soveraign power , and chop logicke with mee in that point ; you know what became of him who once presumed to meddle with my chariot . hereupon the whole host of heaven being constellated thus into one great body , fell into a serious deliberation of things , and apollo himself continued his presence , and sate often amongst them in his full lustre , but in the meane time , whilest they were in the midst of their consultations , many odde aspects , oppositions and conjunctions hapned between them : for some of the sporades , but specially those mongrel small vulgar stars , which make up the galaxia ( the milkie way in heaven ) gather in a tumultuous disorderly manner about the body of apollo , and commit many strange insolencies , which caused apollo ( taking young phosphorus the morning-star with him ) to retire himself , and in a just indignation to withdraw his light from the synod : so all began to be involv'd in a strange kind of confusion and obscurity ; they groaped in the dark , not knowing which way to move , or what course to take , all things went cancer-like retrograde , because the sun detained his wonted light and irradiations from them . morall . such as the sun is in the firmament , a monarch is in his kingdom : for , as the wisest of men saith , in the light of the kings countenance ther is life ; and i believe that to be the morall of this astrean fable . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . or , the great councell of birds . upon a time the birds met in councell , for redresse of som extravagancies that had flown unto the volatill empire ; nor was it the first time that birds met thus ; for the phrygian fabler tells us of divers meetings of theirs : and after him we read that apollonius thyaneus , undertook the interpretation of their language , and to be their drogoman . they thus assembled in one great covie by the call of the eagle their unquestioned hereditary king , and by vertue of his royal authority , complaints were brought , that divers cormorants and harpies , with other birds of prey , had got in amongst them , who did much annoy and invade the publick liberty : sundry other birds were questioned , which caused some to take a timely flight into another aire . as they were thus consulting for advancement of the common good , many rooks , horn-owles and sea-gulls flock'd together , and ●…luttered about the place they were assembled in , where they kept a hideous noise , and committed many outrages , and nothing cold satisfie them , but the griffons head , which was therfore chopt off , and offered up as a sacrifice to make them leave their chattering , and to appease their fury for the time . they fell foul afterwards upon the pies , who were used to be much reverenced , and to sit upon the highest pearch in that great assembly : they called them i dolatrous and inauspitious birds , they hated their mix'd colour , repined at their long train , they tore their white feathers , and were ready to peck out their very eyes : they did what they could to put them in owles feathers ( as the poor sheep was in the woolfs skin ) to make them the more hated , and to be star'd and hooted at whersoever they passed . the pies being thus scar'd , presented a petition to the royall eagle , and to this his great counsell , that they might be secured to repaire safely thither to sit and consult , according to the ancient lawes of the volatill empire continued so many ages without controllment or question : in which petition they inserted a protest or caveat , that no publique act shold passe in the interim . this supplication , both for matter and form , was excepted against , and cryed up to be high treason , specially that indefinite protest they had made , that no act whatsoever shold be of any validity without them , which was alledged to derogate from the high law-making power of that great counsell , and tended to retard and disturb the great affaires which were then in agitation : so the poor pies , as if by that petition they had like the black-bird voided lime to catch themselves , ( according to the proverb , turdus cacat sibi malum ) were suddenly hurryed away into a cage , and after ten long moneths canvassing of the point , they were unpearch'd , and rendered for ever uncapable to be members of that court , they were struck dumb and voice-less , and suddenly as it were blown up away thence , though without any force of powder , as once was plotted aginst them . but this was done when a thin number of the adverse birds had kept still together , and stuck close against them , and also after that the bill concerning them had bin once ejected , which they humbly conceived by the ancient order of that court could not be re-admitted in the same session . they petitioned from the place they were cooped in , that for heavens sake , for the honour of that noble counsell , for truth and justice sake , they ●…eing as free-born denisons of the aiery region , as any other volatills whatsoever , their charge might be perfected , that so they might be brought to a legall triall , and not forced to languish in such captivity . they pleaded to have done nothing but what they had precedents for : and touching the caveat they had inserted , it was a thing unusuall in every inferiour court of judicature , and had they forborn to have done it , they had betrayed their own nest , and done wrong to their successors . it was affirmed they had bin members of that body politique , long before those lower pearch'd birds , who now wold cast them out ; and that they had bin their best friends to introduce them to have any thing do do in that generall counsell : they prayed they might not be so cruelly used , as the solan goose , and redshanke had used them , who were not content to brail and clip their wings only , but to ●…ear them so , that they shold never grow again ; to handle them so unmercifully , was not the way to make their adversaries birds of paradice : in fine , they advised them to remember what the sick kite's mother answered him , when he desired her to pray to the gods for him , how canst thou , said she , expect any good from the gods , whose temples thou hast so violated ? at last , upon the importunity and pitifulness of their petitions , the accusation of treason , which kept such a noise at first , being declined against them , they were released in the morning , but cooped up again before night : and after the revolution of four full moons , they were restored again to a conditionall liberty , under which they remain till this day . ther wants not som , who affirm , that in that great counsell of birds , ther were som decoys ( and 't is well known where decoys were first bred ) who called in , not only these mongrill obstreperous birds from abroad to commit such outrages as were spoken of before , but drew after them also many of the greatest birds , who sate in that assembly , to follow them whither they listed : others , who were of a more generous extraction , disdained to be such buzzards , as to be carryed away hood-wincked in that manner , to be birds of their feather . thus a visible faction was hatched in this great counsell , as if the said decoyes had disgorged and let fall som grains of hemlock seeds amongst them to distemper their brains . or , as if som spinturnix , that fatall incendiary bird , or som ill-boding scritch-owle , which as stories tell us appeared once at rome , in a famous , though unfortunate great counsell ( when ther was a schism in the popedom ) had appeared likewise here . ther wanted not also amongst them som amphibious birds , as the barnacle , which is neither fish nor fowle ; and the cunning ba●…t , who sometimes professeth himself a bird , sometimes a mouse . i will not say ther were any paphlagonian birds amongst them , who are known to have double hearts . but 't is certain , that in this confusion ther were som malevolent birds , and many of them so young , that they were scarce fledg'd , who like the waspe in the fable , conspired to fire the eagles nest , ( and a wasp may somtimes do mischief to an eagle as a mouse to an elephant . ) moreover som of these light brained birds flew so high , that they seemed to arrogate to themselves , and exercise royall power , but foolishly ; for we know what became of the crow upon the ram's back , when she thought to imitate the eagle : and as it was observed that they were most eager to attempt those high insolensies against jove's bird , who had bin stark naked , and as bare as cootes , unlesse he had feathered them ; so that the little ant was more grateful to esops bird ; then those birds were to the eagle their liege lord and master . but the high-born bird with the two golden wings , the noble faulcons , the martlets , the ravens , the swan , the chough , and all the ancient birds of the mountains remained faithful and firm to the eagle , and scorned to be carryed away by such decoyes ; as also the generous ostriches , who unlesse they had had an extraordinary stomach , could not have digested such iron pills as were offered them . amongst other great birds which banded against the eagle , the flying dragons , green and white , were busie , specially the white ; and for the green , considering he was an ancient bird of the mountains , and that his progenitors had bin so renowned for their rare loyaly to the crown , every one wondered that he shold be drawn so far by the forefaid decoyes , as to be the first of his race that shold clap his wings against his soverain liege lord. the aforesaid destractions continued still , and increased more and more in that general convolation of birds ; therfore the turtle wold stay ther no longer , ther was so much gall amongst them : the pelecan flew away , he saw piety so vilified ; the dove was weary of their company , she found no simplicity and plain dealing amongst them : and the kings ▪ fisher , the halcyon ( the emblem of peace ) quite forsook them , he found so mnch jarring , dissentions , and bandings on all sides ; the swallow also , who had so ancient and honourable a rank amongst them , got into another aire , he fore-saw the weather was like to so be foul : and lastly , philomela , the queen of volatills , who was partner of the eagle's nest , abandoned them quite , and put a sea 'twixt her and them ; nay , the eagle himself withdrew his royal presence from them ; so the decoyes aforesaid carryed all before them , and comported themselves by their orders in that hight , as if like the lapwing , every one had a crown on his head ; they so inchanted in a manner , all the common sort of oppidan , rurall , and sea-birds , and infused such a credulity into them , that they believed them to have an inerring spirit , and what came from them , was as tru as the pentateuch : moreover , it was shrewdly suspected , that ther was a pernicious plot amongst them to let in the stork , who is never seen to stay long in any monarchy . morall . moderation is that goden rule wherby all great counsells shold square their deliberations , and nothing can tend more to their honour or dishonour , in point of wisdom : moreover , in a successive hereditary monarchy , when subjects assume regall power , when they bar the holy church of her rights , & of that reverence which is due to her chief professors , it is the most compendious way to bring all things to confusion , and consequently to an inevitable ruine , or som fatal change. and this i hold to be the chiefest morall of this apologue of birds . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the gathering together , or parlement of flowers . upon a time , the flowers assembled , and met in one generall counsell , by the authority and summons of the soveraign rose , their undoubted naturall king , who had taken the lilly for his royall spouse . the dew of heaven fell plentifully upon this happy conjunction , which made them to bourgeon , to propagate and prosper exceedingly , in so much , that the sweet fragrant odor which they did cast , diffused it self over all the earth . to this meeting came the violet , gilliflower , the rosemary , the tulyp , lavender and thyme , the cinquefoyle ( though of a forren growth ) had an honourable rank amongst them , and as some observed , got too much credit with the royal rose . the flowers of the field were admitted also to this great counsell : the couslip , the honysukle and daisie had their delegates there present , to consult of a reformation of certain abuses which had taken rooting in the common wealth of flowers , and being all under the rose , they had priviledge to speak all things with freedome ; complaints were made that much cockle and darnell , with other noxious herbs and tares were crept in amongst them , that the poppie did pullulat too much , with divers other grievances : the successe of this senat , this great bed or posie of living flowers , was like to prove very prosperous , but that the herb briony , wormwood , wolfbane , rue , and melampod ( the emblems of sedition , malice , feare , ambition and iealousie ) thrust in amongst them , and much distempered their proceedings : these brought in with them the bur , which exceedingly retarded and intangled all businesses ; and it was thought that the thistle was too medling amongst them , which made matters grow to that acrimony and confusion , as if the herb morsus diaboli had got in amongst them . amongst many other good-morrows , they propounded to the rose , that he should part with his prickles , and transmit his strength that way to be disposed of by them ; the royall rose liked not this bold request of theirs , though couched in very smooth language , but answered , i have hitherto condescended to every thing you have propounded , much more then ▪ any of my predecessors ever did ; but touching these prickles , which god and nature hath given mee , and are inherent in me and my stock from the beginning , though they be but excressencies , yet you know they fortifie and arm me , armat spina rosam . and by them i protect you and your rights from violence , and what protection i pray can there be without strength ? therefore i will by no means part with them to enfeeble my regall power , but will retain them still , and bequeath them to my posterity , which i would be loth to betray in this point ; nor doe i much value what that silly infected animall , the king of bees tells me sometimes , when humming up and downe my leaves , he would buzze this fond belief into me , how it added much to his majestie , that nature gives him no sting , as all other bees have , because he should rely altogether upon the love and loyalty of his subjects . no ; i will take warning by the eagle , the king of volatills , and by the lyon , king of quadrupedals , who ( as the prince of moralists reports ) when by fayre insinuations the one had parted with his tallons , the other with his teeth and ongles , wherein their might , and consequently their majesty consisted , grew afterwards contemptible to all creatures , and quite lost that natural allegeance and awe which was duc unto the one from all birds , and to the other , from all beasts of field and forrest . morall . every naturall borne monarch , hath an inherent inalienable strength in himself , which is the common militia of his kingdome ; for , though the peoples love ( which oftentimes is got by an apple , and lost by a peare ) be a good cittadell , yet there must be a concurrence of some visible setled force besides , which no earthly power may dispose of without his royall commands : and for him to transmit this strength to any other , is the only way to render him inglorious and despicable , both at home and abroad ; and thus you have the spirit of these flowers , and morall of the fable . the assembly of architects . there was an ancient goodly palace , composed of divers pieces , and partition'd into sundry chambers , halls and courts , which were supported by mixt pillars , partly corinthian , partly ionique , but principally by the dorique the king of columnes , as having the firmest pedestall : some tooke exceptions , and alledged , that some of the said courts were too high , and some of the chambers in this structure were too wide . the lord of this palace call'd together the best masons and architects , to advise with him ( not without him ) for mending of those faults , the better contrivance of the roomes , and to reduce the building to a just proportion . they solemnly met , and falling to consultation hereof , they found that the chamber which was spangled with stars , and where his privat counsell of state did use to sit , were too wide ; they thought that the court erected on the north-side , and that learned court where ecclesiasticall matters were scanned , was too high ; these , with that peculiar court which was erected for the support of honour , they went about in lieu of rectifying , to ruinat and raze to the very ground ; and some of these masons ( for indeed they were rather masons then true architects ) were so precise and over criticall , that they seem'd to find fault with the position of the chappell that belong'd to this palace , because , forsooth , it stood east and west , which situation , only in regard it was ancient , they held to be a superstitious posture ; they seem'd to repine at the decencie , riches and ornament of it , with divers other frivolous exceptions . the lord of the palace said little to that , but touching the errors and disproportions in the foresaid courts and chambers of publick justice , he was very willing they should be amended , and reduced to a true dimension and symmetrie ; and that all other roomes should be searched and swept cleane : but he would be loth to see those ancient pieces quite demolish'd , for that would hazard the fall of the maine fabrique , his princely hereditary patrimony ( descended upon him from so many wise oeconomists and royall progenitors ) in regard of the ●…uncture and contignation those parts had with the whole frame . to mend a thing by demolishing it , is as curing a sick body by knocking him in the head : he told them it was easier far to pull down , then build up ; one may batter to pieces in one houre , that which cannot be built in an age : that everlasting villaine , who burnt the ephesian temple , destroyed , as it were in a trice , what was a rearing up ten long olympiads : he wish'd them further to be very cautious how they medled with th the angulars and basis of that royal structure ; for so they might prove as wise as those architects , who took out som of the foundation stones , to repair the roof . lastly , he told them , that if they intended to pull down any part of his own standing palace , they shold be well advised before hand of the fashion wherof that new fabrick shold be , which they purposed to rear up in the room of the old . moral innovations are of dangerous consequence in all things , specially in a setled well temper'd ancient state ; therfore ther shold be great heed taken , before any ancient court of judicature , erected as a pillar to support justice by the wisdom of our progenitors , be quite put down ; for it may shake the whole fram of government , and introduce a change ; and changes in government are commonly fatall , for seldom comes a better . and this i hold to be the aim of this apologue . the insurrection of the winds . it fortuned , that the winds banded against eolus : and boreas ( the north-wind ) began to bluster first , and wold blow wher he listed , he grew so boisterous , that he is call'd scopa viarum , the high-way beesom , he seem'd to sweep all before him southward , insomuch , that uniting all his strength into one body , he made towards eolus in a hostile armed manner , and so obtained of him what he desired . after his example ( and an odde example it was ) the west-wind , his fellow subject rose up , alledging , that though he blew from the left-side of heaven , yet he deserved to be as much favoured as boreas , in regard he drove a far richer trade , and blew upon a more fertile countrey , which brought in much more benefit to the rest of eolus his dominions ; therfore he would have his liberties also assur'd him , which he alledged were altogether as ancient as the others : this made him puff with such an impetuous violence , that his blasts brought with them ( god wot ) divers showres of bloud , and whole cataracts of calamities : now , as it is observed in the course of naturall things , that one mischief seldom marcheth alone , but ushers in another , and hath alwaies its concomitants , so these north and western gusts , as one wave useth to drive on another , made all the winds in the compasse , both collaterall and cardinall to rise up and rebell against eolus , even under that very clime , and in those horizons , where he kept his principall residence and royal court. and this popular wind ( for 't was no other , take it all joyntly in one puff ) did rage with that vehemency , that it turn'd every wher into fearful flames of fire ( issuing out of a kind of ignis fatuus , which by its repercussions , and furious arietations , did a world of mischief , as if it had bin that incendiary prester wind , or rather an haraucana , that indian gust , which alwaies brings the devil along with it as those savages believe ) had blown here , for , surely god was not in this wind . yet som were so simple , to think that this wind proceeded from divine inspirations ; nay , they came to that height of prophaneness , as to father it upon the holy ghost , though nothing could be more different to his sweet motions , nothing so directly opposit to his soft gentle breeses and eventilatio●…s ; for no holy consecrated thing could stand before this diabolical wind , down went all crosses it met withall ; it batter'd down church and chappel windowes ( and i fear the walls and steeples will next to wrack . ) it was so violent , that it overturn'd all stone tables that stood east-ward ; it blew away all the decent vests and ornaments of the church ; the bishops mitre ( an order contemporary with christianity it self ) did quake like an aspen leaf before it ; nay , it shrewdly shook the very imperial scepter , and crown which stood on eolus his head , so that he was like to become ludibrium ventorum . but the highest deity of heaven , he who walketh upon the wings of the wind , and makes weight for them , and gathereth them in his fist when he pleaseth , hating such an odious rebellion , rebuked these tumultuous winds , he caused a contagious aire , to rush in and mingle with them , and infect them with new d●…seases ; besides whispers of jealousies , doubts and diffidence blew and buzz'd more and more amongst them , so that they could not trust one another ; insomuch , that it made them to fall into confusion amongst themselves , which is the common fate of all rebellions . so eolus recovered his monarchy , and as they say , ther is no wind but blows som body good ; so this turn'd much to the advantage of eolus , for he grew ever after more firm and better establish'd in his regall power , because he put a competent guard in those climes whence all these boistrous winds burst forth , and so secur'd himself ever after , that they could not blow where they listed . popular insurrections being debell'd , turn to the advantage , and render the ruling prince more secure afterwards , or a broken bone being well set , growes stronger oftentimes : and so you have the principal morall of this parable in brief . post-script . sir , i long to receive your opinion of these rambling pieces of fancy , you may , peradventure , have more , when the times are open : surely the wind will not hold stil in this unlucky hole , for it is too violent to last : it begins ( thanks be to god ) to sift already , and amongst those multitudes , who expect the change , i am one that lyeth at the cape of good hope , though a long time under hatches ( in the fleet. ) howsoever , though all the winds in the compass shold bluster upon me ; nay , though a haraucana should rage , i am arm'd and resolv'd to bear the brunt , to welcome the will of god , and possesse my soul with patience . if you desire a further intimation of things , i refer you to a discourse of mine call'd the tru informer , who will give you no vulgar satisfaction . so i am yours , as at first , inalterable . i. h. of the land of ire : or , a discours of that horrid insurrection and massacres which happen'd lately in ireland ; by mercurius hibernicus : who discovers unto the world the tru causers and incendiaries therof . in vindication of his majesty , who is most maliciously traduc'd to be accessary therunto ; which is as damnable a lie as possibly could be hatched in hell ; which is the staple of lies . a lie stands upon one legg , — truth upon two . mercurius hibernicus , his advertisement to the well-temper'd reader . there is a mongrell race of mercuries lately sprung up , but i claim no acquaintance with them , much less any kindred . they have commonly but one weeks time for their conception and birth ; and then are they but like those ephemeran creatures , which pliny speaks of , that are born in the morning , grow up till noon , and perish the same night : i hope to be longer liv'd then so , because i was longer a getting , ther was more time and matter went to my generation . ther is a tale how the tru mercury indeed , descended from heven once in a disguise , to see how he was esteem'd on earth ; and entring one day into a painters-shop , he found ther divers pictures of apollo , iupiter , mars , with others ; and spying his own hanging in a corner hard-by , he asked what the price of that pourtrait might be ? the painter answered , that if he bought any of the rest , he wold give him that into the bargain for nothing : mercury hereupon shaking his white caducean , flung out in indignation , and flew up to heven . shold mercury chance to descend now from his sphear , i think he wold be much more offended to find himself personated by every petty impertinent pamphleter ; yet i believe he would not think it ill that aulicus assumes his shape , nor that the harp , who owes her first invention to him , should be made now his crest . to my honourable friend mr. e. p. sir , if you please to cast your eyes upon the following discours , i believe it will afford you som satisfaction , and enlighten you more in the irish affaires . the allegeance i owe to truth , was the midwife that brought it forth , and i make bold to make choice of you for my gossip , because i am from the prison of the fleet . nonas april is . your true servant , i. h. mercurius hibernicus . there is not any thing since these ugly warrs begun , whereof there hath been more advantage made to traduce and blemish his majesties actions , or to alienate and imbitter the affections of his people towards him , to incite them to armes , and enharden them in the quarrell , than of the irish affaires ; whether one cast his eyes upon the beginning and proceedure of that warre ( which some by a most monstrous impudence would patronize upon their majesties ) or upon the late cessation , and the transport of auxiliaries since from thence . there are some that in broken peeces have written of all three : but not in one entire discourse , as this is , nor hath any hitherto hit upon those reasons and inferences that shall be displayed herein . but he who adventures to judge of affaires of state , specially of traverses of warre , as of pacifications , of truces , suspensions of armes , parlies , and such like , must well observe the quality of the times , the successe and circumstance of matters past , the posture and pressure of things present ( and upon the place ) the inducement or enforcement of causes , the gaining of time , the necessity of preventing greater mischiefes ( whereunto true policy prometheus like hath alwaies an eye ) with other advantages . the late cessation of armes in ireland was an affaire of this nature ; a true act of state , and of as high a consequence as could be : which cessation is now become the common subject of every mans discourse , or rather the discourse of every common subject all the three kingdomes over : and not onely the subject of their discourse , but of their censure also ; nor of their censure onely , but of their reproach and obloquy . for the world is come now to that passe , that the foot must judge the head , the very cobler must pry into the cabinet counsels of his king ; nay the distaffe is ready ever and anon to arraign the scepter ; spinstresses are become states-women , and every peasan turned politician ; such a fond irregular humour reignes generally of late yeers amongst the english nation . now the designe of this small discourse , though the subject require a farre greater volume , is , to vindicate his majesties most pious intentions in condescending to this late suspension of arms in his kingdome of ireland , and to make it appeare to any rationall ingenious capacity , ( not pre-occupied or purblinded with passion ) that there was more of honour and necessity , more of prudence and piety in the said cessation , than there was either in the pacification or peace that was made with the scot. but to proceed herein the more methodically , i will lay downe , first , the reall and true radicall causes of the late two-yeers irish insurrection . secondly , the course his majesty used to suppresse it . lastly , those indispensable impulsive reasons and invincible necessity which enforced his majesty to condescend to a cessation . touching the grounds of the said insurrection , we may remember when his majesty out of a pious designe ( as his late majesty also had ) to settle an uniformitie of serving god in all his three kingdomes , sent our liturgie to his subjects of scotland ; some of that nation made such an advantage hereof , that though it was a thing only recommended , not commanded or pressed upon them , and so cald in suddenly againe by a most gracious proclamation , accompanied with a generall pardon : yet they would not rest there , but they would take the opportunity hereby to demolish bishops , and the whole hierarchy of the church ( which was no grievance at all till then ) to which end , they put themselves in actuall armes , and obtained at last what they listed ; which they had not dared to have done , had they not been sure to have as good friends in england as they had in scotland ( as lesly himself confessed to sir william berkley at newcastle ) for some of the chiefest inconformists here , had not onely intelligence with them , but had been of their cabinet-counsels in moulding the plot : though some would cast this war upon the french cardinall , to vindicate the invasion we made upon his masters dominions in the isle of rets ; as also for some advantage the english use to do the sp●…niard in transporting his treasure to dunkerk , with other offices . others wold cast it upon the iesuit , that he shold project it first , to ●…orce his m●…jesty to have recourse to his roman catholick subjects for aid , that so they might , by such supererogatory service ingratiate themselves the more into his favour . the irish hearing how well their next neighbou●…s had sped by way of arms , it filled them full of thoughts and apprehensions of fear and jealousie , that the scot wold prove more powerful hereby , and consequently more able to do them hurt , and to attemp●… waies to restrain them of that connivency , which they were allowed in point of religion : now ther is no nation upon earth that the irish hate in that perfection , and with a greater antipathy , than the scot , or from whom they conceive greater danger : for wheras they have an old prophesie amongst them , which one shall hear up and down in every mouth , that the day will come when the irish shall weep upon english mens graves : they fear that this prophesie will be verified and fulfilled in the scot above any other nation . moreover , the irish entred into consideration , that they also had sundry grievances and grounds of complaint , both touching their estates and consciences , which they pretended to be far greater than those of the scots . for they fell to think , that if the scot was suffered to introduce a new religion , it was reason they shold not be so pinched in the exercise of their old , which they glory never to have altered . and for temporall matters ( wherin the scot had no grievance at all to speak of ) the new plantations which had bin lately afoot , to be made in conaught and other places ; the concealed lands and defective titles which were daily found out ; the new customs which were imposed , and the incapacity they had to any preferment or office in church and state ( with other things ) they conceived these to be grievances of a far greater nature , and that deserved redresse much more than any the scot had . to this end , they sent over commissioners to attend this parliament in england , with certain propositions , but those commissioners were dismissed hence with a short and unsavoury answer , which bred worse bloud in the nation than was formerly gathered ; and this , with that leading case of the scot , may be said to be the first incitements that made them rise . in the cou●…se of humane actions , we daily find it to be a tru rule , exempla movent , examples move , and make strong impressions upon the fancy ; precepts are not so powerful as precedents . the said example of scotland , wrought wonderfully upon the imagination of the irish , and filled them ( as i touched before ) with thoughts of emulation , that they deserved altogether to have as good usage as the scot , their country being far more beneficial , and consequenly , more importing the english nation . but these were but confused imperfect notions , which began to receive more vigour and form after the death of the earl of strafford , who kept them under so exact an obedience , though som censure him to have screwed up the strings of the harp too high ; insomuch that the taking off of the earl of straffords head , may be said to be the second incitement to the heads of that insurrection to stir . adde hereunto , that the irish understanding with what acrimony the roman catholicks in england were proceeded against since the sitting of our parliament , and what further designes were afoot against them , and not onely against them , but for ranversing the protestant religion it self , as it is now practised ( which som shallow-braind 〈◊〉 do throw into the same scales with p●…pery . ) they thought it was high time for them to forecast what shold become of them , and how they shold ●…e 〈◊〉 in point of conscience , when a new deputy of the parliaments election ( approbation at least ) shold come over . therfore they fell to consult of som means of timely prevention : and this was another mo●…ive ( and it was a sh●…ewd one ) which p●…sht on the irish to take up arms. lastly , that army of . men , which the earl of strafford had raised to be transported to england for suppressing the scot , being by the advice of our parliament here , disbanded ; the country was annoyed by som 〈◊〉 those stragling souldiers , as not one in twenty of the irish , will from the sword to the spade , or from the pike to the plough again . therfore the two marquesses that were ambassadors here then for spaine , having propounded to have som numbers of those disbanded forces , for the service of their master ; his majesty by the mature advice of his privy counsell , to occur the mischiefs that might arise to his kingdom of ireland by those loose casheer'd souldiers , yielded to the ambassadors motion , who sent notice hereof to spain accordingly , and so provided shipping for their transport , and impressed money to advance the business ; but as they were in the heat of that 〈◊〉 ▪ his majesty being then in scotland ▪ 〈◊〉 w●…s a sudden stop made of those promised troops , who had depended long upon the spaniards service , as the spaniard 〈◊〉 do●…e on theirs . and this was the last , though no●… the least fatal cause of that horrid insurrection : all which particulars well considered , it had bin no hard matter to have bin a prophet , and standing upon the top of holy-head , to have foreseen those black clouds engendering in the irish aire , which bro●…e out afterwards into such fearful tempests of bloud . out of these premises , it is easie for any common understanding , not transported with passion and private interest , to draw this conclusion . that they who complyed with the scot in his insurrection ; they who dismissed the irish commissioners with such a short unpolitick answer , they who took off the earl of straffords head , and delayed afterwards the dispatching of the earl of leicester , they who hindered those disbanded troops in ireland to go for spain , may be justly said to have bin the tru causes of the late insurrection of the irish ; and consequently , it is easie to know upon the account of whose souls must be laid the bloud of those hundred and odde thousands poor christians , who perished in that war ; so that had it bin possible to have brought over their bodies unputrified to england , and to have cast them at the doores , and in the presence of som men i believe they wold have gushed out afresh into bloud , for discovery of the tru murtherers . the grounds of this insurrection being thus discovered , let us examine what means his majesty used for the suppression of it . he made his addresses presently to his great counsel , the english parliament then assembled , which queen elizabeth and her progenitors did seldom use to do , but only to their privy counsel in such cases , who had the discussing and transacting of all foreign affaires ; for in mannaging matters of state , specially those of war , which must be carryed with all the secrecy that may be , trop grand nombre , est encombre , as the frenchman saith , too great a number of counsellours may be an incumber , and expose their results and resolutions to discovery and other disadvantages , wheras in military proceedings the work shold be afoot before the counsels be blazed abroad . well , his majesty transmitted this business to the parliament of england , who totally undertaking it , and wedding as it were the quarlel ( as i remember they did that of the palatinate a little before by solemn vote ; the like was done by the parliament of scotland also , by a publick joynt declaration , which in regard ther came nothing of it , tended little to the honour of either nation abroad ) his majesty gave his royal assent to any propositions or acts for raising of men , money and arms to perform the work . but hereby no man is so simple as to think his majesty shold absolutely give over his own personal care and protection of that his kingdom , it being a rule , that a king can no more desert the protection of his own people , then they their subjection to him . in all his declarations ther was nothing that he endear'd and inculcated more often , and with greater aggravation and earnestness unto them , then the care of his poor subjects their fellow-protestants in ireland : nay , he resented their condition so far , and took the business so to heart , that he offered to passe over in person for their relief : and who can deny but this was a magnanimous and king-like resolution ? which the scots by publick act of counsel , did highly approve of , and declared it to be an argument of care and courage in his majesty . and questionless it had done infinite good in the opinion of them that have felt the pulse of the irish people , who are daily ore-heard to groan , how they have bin any time these . years under the english crown , and yet never saw but two of their kings all the while upon irish ground , though ther be but a salt 〈◊〉 of a few hours sail to pass over . and much more welcom shold his majesty , now regnant , be amongst them , who by general tradition , they confess and hold to come on the paternal side from 〈◊〉 ( by legal and lineal descent ) who was an irish prince , and after king of scotland , wheras the title of all our former kings and queens was stumbled at alwaies by the vulgar . his majesty finding that this royall proffer of engaging his own person , was rejected with a kind of scorn , coucht in smooth language , though the main businesse concerned himself nearest , and indeed solely himself , that kingdom being his own hereditary right . understanding also , what base sinister use ther was made of this insurrection by som trayterous malevolent persons , who , to cast aspersions upon his majesty , and to poyson the hearts of his people , besides publick infamous reports , counterfeited certain commissions in his majesties name to authorize the businesse , as if he were privy to it , though i dare pawn my soul his ( or her ) majesty knew no more of it then the great mogor did . finding also that the commissioners imployed hence for the managing and composing matters in that kingdom , though nominated by the parliament , and by their recommendation authorized by his majesty , did not observe their instructions , and yet were conniv'd at . understanding also , what an inhumane design ther was between them and the scot , in lieu of suppressing an insurrection to eradicat and extinguish a whole nation to make booty of their lands ( which hopes the london adventurers did hugge , and began to divide the bears-skin before he was taken , as his majesty told them ▪ an attempt the spaniard nor any other christian state ever intended against the worst of savages ; the conceit wherof in●…used such a desperate courage , eagerness and valour into the irish , that it made them turn necessity into a kind of vertu . moreover , his majesty taking notice that those royal subsidies , with other vast contributions wherunto he had given way , with the sums of particular adventurers ( amongst whom som aliens ( hollanders ) were taken in , besides the scot to share the country ) were misapplyed , being visibly imployed , rather to feed an english rebellion , then to suppress an irish : nay , understanding that those charitable collections which were made for the reliefe of those distressed protestants , who being stripped of all their livelihood in ireland , were forced to fly over to england , were converted to other uses , and the charity not dispensed according to the givers intention . hearing also that those . men which had been levyed and assigned to goe under the lord wharton , the lord of kerry , sir faithfull fortescue and others were diverted from going to the west of ireland , and imployed to make up the earl of essex army : and having notice besides that the earl of warwicke had stayd certaine ships going thither with supplies , and that there was an attempt to send for over to england some of those scottish forces which were in ulster , without his privity . lastly , his majesty finding himself unfitted , and indeed disabled to reach those his distressed subjects , his owne royal armie all his navall strength , revenues and magazines being out of his hands ; and having as hard a game to play still with the scot , and as pernicious a fire to quench in england , as any of his progenitors ever had : receiving intelligence also daily from his protestant nobility and gentry thence , in what a desperate case the whole kingdome stood , together with the report of the committee that attended his majesty from them expresly for that service , who amongst other deplorable passages in their petition , represented , that all means by which comfort and life should be conveyed unto that gasping kingdome , seemed to be totally obstructed , and that unlesse 〈◊〉 reliefe were afforded , his loyall subject●… there must yeeld their fortunes for a prey , 〈◊〉 〈◊〉 for a sacrifice , and their religion for a 〈◊〉 to the mercilesse rebels . his majesty ( as it was high time for 〈◊〉 ) taking into his princely thoughts those wofull complainrs and cryes of his poore subjects , condescended at last to appoint some persons of honour to heare what the irish could say for themselves , as they had often petitioned ; and god forbid but the king of ireland should receive his subjects petitions , as well as the king of scotland . but his majesty being unsatisfied with what they propounded then , the lord marquess of ormond marched with considerable forces against them , and though he came off with honour , yet no reliefe at all comming thither for many moneths after from the parliament here , who had undertaken the businesse , and had received all the summes and subsidies , with other unknown contributions to that end , matters grew daily worse and worse . to sum up all , his majesty receiving express and positive advice from his lord justices and counsell of state ther , that the whole kingdom was upon point of utter perdition , which was co-intimated the same time to the parliament here , by a special letter to the speaker ; i say his majesty finding that he had neither power of himself , it being transmitted to others ; and that those trustees did misapply that power and trust he had invested in them ( for the time ) to make good their undertaking for preservation of that his fruitfull kingdome ; being impelled by all these forcible reasons , his majesty sent a commission to the lord marquesse of ormond his lievtenant generall ( a most known sincere protestant ) to hearken to a treaty according to their petition ; and if any thing was amisse in that treaty in poynt of honour ( as it shall appeare by comparing it with others , there was none ) we know whom to thank . for out of these premises also , doth result this second conclusion , that they who misapplied those moneys , and mis imployed those men which were levyed with his majesties royall assent for the reduction of ireland : they who set afoot that most sanguinary design of extirpating , at least of enslaving a whole ancient nation , who were planted there by the hand of providence from the beginning : they who hindred his majesties transfretation thither to take cognizance of his own affairs , and expose the countenance of his own royall person for composing of things : they , they may be said to be the true causes of that unavoydable necessity and as the heathen poetsings , the gods , themselvs cannot resist necessity ) which enforced his majesty to capitulat with the irish , and assent to a cessation . it was the saying of one of the bravest roman emperours , and it was often used by henry the great of france , her majesties father , that he had rather save the life of one loyall subject then kill a hundred enemies : it may well be thought that one of the prevalentst inducements that moved his majesty ( besides those formerly mentioned ) to condescend to this irish cessation , was a sense he had of the effusion of his own poor subjects blood , the hazard of the utter extirpation of the protestants there , and a totall irrecoverable losse of that kingdome , as was advertised both in the petition of the protestants themselves , the relation of the committee imployd thither to that purpose , and the expresse letters of the lords justices and counsell there . to prove now , that this cessation of arms in ireland was more honourable and fuller of piety , prudence and necessity , then either the pacification or peace with the scot. i hope , these few ensuing arguments ( above divers others which cannot be inserted here , in regard of the force intended brevity of this discourse ) will serve the turne . . in primis , when the pacification was made with scotland his majesty was there personally present , attended on by the floure of his english nobility , gentry and servants , and the enemy was hard by ready to face him. at the concluding of the irish cessation , his majesty was not there personally present , but it was agitated and agreed on by his commissioner , and it hath been held alwaies less dishonourable for a king to capitulate in this kind with his own subjects by his deputy , then in his own person , for the further off he is , the lesse reflects upon him . . upon the pacification and peace with scotland , there was an amnestia , a generall pardon , and an abolition of all by-passed offences published , there were honours and offices conferred upon the chiefest sticklers in the war. at the cessation in ireland there was no such thing . . when the pacification and peace was made with the scots , there was mony given unto them , as it is too well knowne . but upon the setling of this cessation , the irish received none but gave his majesty a considerable summe as an argument of their submission and gratitude , besides the maintainance of some of his garrisons in the interim ; and so much partly in point of honour . . at the concluding of the pacification and peace with scotland , there was a vigorous , fresh , unfoiled english army a foot , and in perfect equipage ; there wanted neither ammunition , armes , money , cloaths , victuals or any thing that might put heart into the souldier and elevat his spirits . but the protestant army in ireland had not any of all these in any competent proportion , but were ready to perish , though there had been no other enemy then hunger and cold : and this implies a farre greater necessity for the said cessation . . in ireland there was imminent danger of an instant losse of the whole kingdome , and consequently , the utter subversion of the protestant religion there , as was certified both to king and parliament by sundry letters and petitions which stand upon record : there was no such danger in the affairs of scotland , either in respect of religion or kingdome ; therefore there was more piety shown in preserving the one , and prudence in preserving the other in ireland , by plucking both ( as it were ) out of the very jawes of destruction by the said cessation . we know that in the medley of mundane casualties , of two evils , the least is to be chosen , and a small inconvenience is to be born withall , to prevent a greater . if one make research into the french story , he will find , that many kinds of pacifications and suspensions of armes were covenanted 'twixt that king and som of his subjects , trenching far more upon regall dignity then this in ireland . the spaniard was forced to declare the hollanders free-states , before they could be brought to treat of a truce : and now the catalans scrue him up almost to as high conditions . but what need i rove abroad so far ? it is well known , nor is it out of the memory of man ( in queen elizabeths raign ) that in ireland it self ther have bin cessations , all circumstances well weighed , more prejudiciall to majesty then this . but that which i hear murmured at most as the effect of this cessation , is the transport of som of those souldiers to england for recruting his majesties armies , notwithstanding that the greatest number of them be perfect and rigid protestants , and were those whom our parliament it self imployed against the irish. but put case they were all papists , must his majesty therfore be held a favourer of popery ? the late king of france might have bin said as well to have bin a favourer of hugonotts , because in all his wars he imployed them most of any in places of greatest trust against the house of austria ; wheras all the world knows , that he perfectly hated them in the generall , and one of the reaches of policy he had , was to spend and waste them in the wars . was it ever known but a soveraign prince might use the bodies and strength of his own naturall-born subjects , and liege men for his own defence ? when his person hath been sought and aimed at in open field by small and great shot , and all other engines of hostility and violence : when he is in danger to be surprized or besieg'd in that place wher he keeps his court : when all the flowers of his crown his royal prerogatives which are descended upon him from so many successive progenitors ) are like to be plucked off and trampled under foot : when ther is a visible plot to alter and overturn that religion he was born , baptized , and bred in : when he is in dan●…er to be forced to infringe that solemn sacramental oath he took at his coronation to maintain the said religion , with the rights and rites of the holy anglican church , which som brain-sick schismaticks wold transform to a kirk and her discipline , to som chimerical form of government they know not what . francis the first and other christian princes , made use of the turk upon lesse occasions ; and if one may make use of a horse , or any other bruit animal , or any inanimat engine or instrument for his own defence against man , much more may man be used against man , much more may one rational creature be used against another though for destructive ends in a good cause , specially when they are commanded by a soveraign head , which is the main thing that goes to justifie a war. now touching the roman catholicks , whether english , welsh , irish , or scottish , which repaire to his majesties armies either for service or security . he looks not upon them ●…s papists , but as his subjects , not upon their religion , but their allegiance , and in that ●…uality he entertains them : nor can the pa●…ist be denyed the character of a good subject , all the while he conforms himself to the lawes in generall , and to those lawes also that are particularly enacted against him , and so keeps himself within the bounds of his civil obedience : as long as he continues so , he may challenge protection from his prince by way of right , and if his prince by som accident be not in case to protect him , he is to give him leave to defend himself the best he can , for the law of nature allowes every one to defend himself , and ther is no positive law of man can annul the law of nature . now if the subject may thus claim protection from his prince , it followeth , the prince by way of reciprocation may require assistance , service and supplies from the subject upon all publick occasions , as to suppress at this time a new race of recusants , which have done more hurt then ever the old did , and are like to prove more dangerous to his crown and regal authority then any foreign enemy . but whosoever will truly observe the genius , and trace the actions of this fatal faction which now swayes with that boundless , exorbitant , arbitrary and antinomian power , will find , that it is one of their prime pieces of policy , to traduce and falsifie any thing that is not conducible to their own ends : yet what comes from them must be so magisterial , it must be so unquestionably and incontroulably tru & lawful , that it must be believed by an implicite faith , as proceeding from an in-erring oracle ( as if these zealots were above the common condition of mankind , to whom errour is as hereditary as any other infirmity ) though the thing it self encroach never so grosly both upon the common liberty , the states and souls of men . but if any thing bear the stamp of royal authority , be it never so just and tending to peace and the publick good , yea , though it be indifferent to either side , it is presently countermanded , cryed down , and stifled ; or it is calumniated and aspersed with obloquies , false glosses and misprisions ; and this is become now the common theam wherwith their pulpits ring which makes me think , that these upstart politicians have not long to reign ; for , as the common proverb saith , fraud and frost end foul and are short-lived , so that policy , those counsels which are grounded upon scandals , reproaches and lies , will quickly moulder and totter away , and bring their authors at last to deserved infamy and shame , and make them find a tomb in their own ruines . adde hereunto as further badges of their nature , that black irreconcilable malice and desire of revenge which rageth in them , the aversness they have to any sweetness of conformity and union , the violent thirst they have of bloud , which makes me think on that dis●…ique of prudentius , who seemed to be a prophet as well as poet ( a tru vates ) in displaying the humors of these fiery dogmatists , this all-confounding faction which now hath the vogue , to the punishment , i will not say yet , the perdition of this poor island . sic m●…res produnt animum , & mihi credite , junctus semper cum falso est dogmate coedis amor . thus in english. manners betray the mind , and credit me , ther 's alwayes thirst of bloud with heresie . the sway of the sword ; or a discours of the militia train'd-bands , or common soldiery of the land ; proving , that the power and command therof in chief belongs to the ruling prince , and to no other . sine gladio nulla defensio . the author's apology . t is confefs'd that the subject of this discours were more proper to one of the long-robe , which i am not , i am no lawyer otherwise then what nature hath made me , so every man , as he is born the child of reason , is a lawyer , and a logitian also who was the first kind of lawyer : this discoursive faculty of reason comes with us into the world accompanied with certain general notions and principles to distinguish right from wrong , and falshood from truth : but touching this following discourse , because it relates somthing to law , the author wold not have adventured to have exposed it to the world , if , besides those common innate notions of reason , and some private notes of his own , he had not inform'd and ascertain'd his judgment by conference with som professed lawyers , and those the eminentest in the land , touching the truth of what it treats of ; therfore he dares humbly aver that it contains nothing but what is consonant to the fundamentall and fixed constitutions , to the known clear lawes of this kingdom . from the prison of the flcet . nonas mail . i. h. touching the polemical svvord , and command in chief of the militia , &c. government is an ordinance of god for mans good ; the kinds of government are ordinances of men for gods glory : now , among all wo●…ldly affairs there is not any thing so difficult , and fuller of incertitudes as the art of ruling man , for those nimble spirits ( as it is spoken elswhere ) who from apprentices have been made freemen of the trade , and at last thought themselves masters , having spent their youth , their manhood , and a long time of old age therein , yet when they came to leave the world they professed themselves still to be but novices in the trade . there is a known way to break , guide , and keep in awe all other animals , though never so savage and strong ; but there is no such certaine way to govern multitudes of men , in regard of such turbulences of spirit and diversity of opinions that proceed from the rational faculty , which other cretures that are contented only with sense , are not subject unto ; and this the philosopher holds to be one of the inconveniences that attend humane reason , and why it is given man as a part of his punishment . now , why the government over men is ●…o difficult , there may be two main reasons alledg'd , the first is the various events , and world of inexpected contingencies that attend humane negotiations , specially matters of state , which , as all other sublunary things , are subject to alterations , miscarriages , and change , this makes the mindes of men ▪ and consequently the moulds of policy so often to alter , scarce one amongst twenty is the same man as he was twenty yeares ago in point of judgement , which turns and changeth according to the successe and circumstances of things , the wisedome of one day is the foolishnesse of another , posterior dies est prioris magister , the day following becomes the former dayes teacher . the second reason is , the discrepant , and wavering fancies of mens braines , specially of the common peeple , who ( if not restrained ) are subject to so many crotchets and chymeras , with extravagant wanton desires , and gaping after innovations . insulary peeple are observed to be more transported with this instability then those of the continent , and the inhabitants of this i le more then others , being a well-fed spriteful peeple ; in so much , that it is grown a proverb abroad , that the englishman doth not know when he is well : now the true polititian doth use to fit his government to the fancy of the peeple , the ruler must do as the rider , some peeple are to be rid with strong bitts and curbs , and martingalls , as the napollitan , and french our next neighbour , which is the cause that a kind of slavery is entail'd upon him , for the french peasant is born with chains ; other nations may be rid with a gentle small bridle , as the venetian and the hollander , who hath not such boiling spirits as others ; a bridle doth serve also the spaniard , who is the gretest example of stability , and exact obedience to authority , of any peeple ; for though spain be the hottest countrey in christendom , yet it is not so subject to feavers as others are , i mean to fits of intestin commotions : and this was never so much tryed as of late yeers ; for though the present king hath such known frail●…ies , though he hath bin so infortunat , as to have many countreys quite revolted , and rent away from him ; though the ragingst plague that ever was in spain under any king , happen'd of late yeers , which sweep'd away such a world of peeple ; though his taxes be higher then ever were any , though he hath call'd in and engrossed all the common coyn of the countrey , and delivered but the one halfe back again , reserving the other half for himself ; though there 's no legall instrument , no bond , bill , or specialty can be writ but upon his seal'd paper , with sundry other exactions , yet his subjects are still as obedient , and awful unto him , they are as conformable and quiet , as if he were the most vertuous , and victorious prince that ever was ; and this they do principally for their own advantage , for if ther were another governour set up , it would inevitably hurle the whole countrey into combustion and tumults ; besides , they are taught , that as in choice of wives , so the rule holds in governments , seldome comes a better . touching the originals of government and ruling power , questionless the first among mankind was that naturall power of the father over his children , and that despotical domestique surintendence of a master of a house over his family ; but the world multiplying to such a masse of peeple , they found that a confused equality , and a loose unbridled way of living like ●…rute animals to be so inconvenient , that they chose one person to protect and govern ; not so much out of love to the ●…erson , as for their own conveniency and advantage , that they might live more regularly , and be secur'd from rapine , and op●…ression ; as also that justice might be administted ; and every one enjoy his own without fear , and danger : such govern●…urs had a power invested accordingly in ●…hem , also as to appoint subservient , able mi●…isters under them to help to bear the ●…urden . concerning the kinds of government , ●…ll polititians agree that monarchall is the best and noblest sort of sway , having the neerest analogy with that of heaven , viz. a supreme power in one single person ; god almighty is the god of unity , as well as of entity , and all things that have an entity do naturally propend to unity ; unity is as necessary for a well - being , as entity is for a being , for nothing conduceth more to order , tranquillity , and quietude , nor is any strength so operative as the united ; the fist is stronger then the hand , though it be nothing but the hand , viz. the fingers united by contraction ; the republick of venice which is accounted the most eagle-ey'd and lastingst state in the world , fo●… she hath continued a pure virgin , and shin'd within her watry orb nere upon thirteen ages , is the fittest to give the world advice herein , for if ever any have brought policy to be a science which consists of certitudes , this state is shee , who is grown a●… dexterous in ruling men as in rowing of 〈◊〉 gally . but whereas the vulgar opinion is that the common peeple there have a shar●… in the government , 't is nothing so , for he great counsel which is the maine hing whereon the republick turns , is compose●… onely of gentlemen who are capable b●… their birth to sit there , having passed twenty five years of age ; to which purpose they must bring a publick testimonial that they are descended of a patrician or noble family . but to return to the main matter , this sage republick who may prescribe rules of policy to all mankind , having tryed at first to govern by consuls and tribunes for som years , she found it at last a great inconvenience , or deformity rather , to have two heads upon one body ; therefore she did set up one soveraign prince ; and in the records of venice the resons are yet extant which induc'd her thereunto , whereof one of the remarkablest was this ; we have observed that in this vast university of the world all bodies according to their several natures have multiplicity of motions , yet they receive vertue and vigour but from one , which is the sun ; all causes derive their originals from one supreme cause ; we see that in one creture there are many differing members , and faculties which have various functions , yet they are all guided by one soul , &c. the island of great britain hath bin alwaies a royal isle from her first creation , and infancy ; she may be said to have worn a crown in her cradle ; and though she had so many revolutions , and changes of masters , yet she continued still royal ; nor is there any species of government that suits better , either with the quality of the countrey , and genius of the inhabitants , or relates more directly to all the ancient lawes , constitutions , and customs of the land , then monarchal ; which any one that is conversant in the old records can justifie ; britannia ab initio mundi semper regia , & regimen illius simile illi caelorum . concerning the many sorts of trust●… which were put in the supreme governor of this land ( for ther must be an implicite and unavoidable necessary trust reposed in every soveraign magistrate ) the power of the sword was the chiefest ; and it was agreeable to holy scripture he shold have it , where we know 't is said , the king beareth not the sword in vain ; the lawes of england did ever allow it to be the inalienable prerogative of the soveraign prince , nor was it ever known ( humbly under favour ) that any other power whatsoever managing conjunctly or singly , did ever pretend to the power of the publick sword , or have the militia invested in them , but this ever remained intire and untransferrible in the person of the ruler in chief , whose chiefest instrument to govern by is the sword , without which crownes , scepters , globes and maces are but bables . it is that instrument which causeth tru obedience , makes him a dread soveraign , and to be feared at home and abroad ; now 't is a maxime in policy , that ther can be no tru obedience without fear ; the crown and scepter draw only a loose kind of voluntary love , and opinion from the people , but 't is the sword that draws reverence and awe , which two are the chiefest ingredients of allegeance , it being a principle , that the best government is made of fear and love , viz. when by fear love is drawn as threed through the eye of a needle ; the surest obedience , and loyalty is caused thus , for fear being the wakefullest of our passions works more powerfully in us and predominates over all the rest ; primus in orbe deus fecit timor . to raise up a soveraign magistrate without giving him the power of the sword , is to set one up to rule a metall'd horse without a bridle ; a chief ruler without a sword , may be said to be like that logg of wood which iupiter threw down among the froggs to be their king , as it is in the fable . moreover , one of the chiefest glories of a nation is to have their supreme governor to be esteem'd , and redouted abroad as well as at home . and what forren nation will do either of these to the king of england if he be armless , and without a sword ? who will give any respect o●… precedence to his ambassadors , and ministers of state ? the sword also is the prime instrument of publick protection , therefore that king who hath not the power of the sword , must have another title given him , the protector of his peeple . now , in a successive hereditary kingdom , as england is known , and acknowledged to be by all parties now in opposition , there are three things which are inalienable from the person of the king : they are , . the crowne . . the scepter . . the sword. the one , he is to carry on his head , the other in his hand , and the third at his side ; and they may be termed all three the ensignes or peculiar instruments of a king : by the first , he reignes , by the second he makes lawes , by the third he defends them : and the two first are but bables without the last , as was formerly spoken . . touching the crown or royal diadem of england , ther is none , whether presbyterian , independent , protestant , or others now in action , but confess that it descends by a right hereditary line , ( though through divers races , and som of them conquerours ) upon the head of charles the first now regnant : 't is his own by inherent birth-right and nature , by gods law , and the law of the land , and these parliament-men at their first sitting did agnize subjection unto him accordingly , and recognize him for their soveraign liege lord : nay , the roman catholick denies not this , for though there were bulls sent to dispense with the english subjects for their allegiance to queen elizabeth , yet the pope did this against her as he took her for a heretick , not an usurpresse , though he knew well enough that she had bin declared illegitimate by the act of an english parliament . this imperial crown of england is adorned and deckd with many fair flowers , which are called , royal prerogatives ; and they are of such a transcendent nature , that they are unforfeitable , individual , and untransferrable to any other : the king can only summon and dissolve parliaments : the king can only pardon ( for when he is crowned , he is sworn to rule in mercy as well as in justice : ) the king can only coyn money , and enhance or decry the value of it : the power of electing officers of state , of justices of peace and assize is in the king ; he can only grant soveraign commissions : the king can only wage war , and make out-landish leagues : the king may make all the courts of justice ambulatory with his person , as they were used of old ▪ 't is tru , the court of common pleas must be sedentary in som certain place for such a time ; but that expired , 't is removeable at his pleasure : the king can only employ ambassadours and treat with forraign states , &c. these , with other royal prerogatives which i shall touch hereafter , are those rare and wholsom flowers wherewith the crown of england is embellished , nor can they stick any where else but in the crown , and all confess the crown is as much the king 's , as any private man's cap is his own . . the second regall instrument is the scepter , which may be called an inseparable companion , or a necessary appendix to the crown ; this invests the king with the sole authority of making lawes , for before his confirmation all results and determinations of parliament are but bills or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they are but abortive things , and meer embryos ; nay , they have no life at all in them till the king puts breath and vigour into them : and the ancient custome was for the king to touch them with his scepter , then they are lawes , and have a vertue in them to impose an obligation of universall obedience upon all sorts of people , it being an undeniable maxime , that nothing can be generally binding without the king 's royall assent , nor doth the law of england take notice of any thing without it : this being done they are ever after styl'd the kings lawes , and the judges are said to deliver the king's judgments , which agrees with the holy text , the king by judgment shall stablish the land : nay , the law presumes the king to be alwaies the sole judge paramount , and lord chief justice of england , for he whom he pleaseth to depute for his chiefest justice , is but styl'd lord chief iustice of the rings ●…ench , not lord chief justice of england , which title is peculiar to the king himself , and observable it is , that whereas he grants commissions and patents to the lord chancellour ( who is no other then keeper of his conscience ) and to all other judges , he names the chief justice of his own bench by a short writ only containing two or three lines : which run thus , regina iohanni popham militi salutem , sciatis quod constitutmus vos justiciarium nostrum capitalem ad placita coram nobis terminandum durante beneplacito nostro ; teste &c. now , though the king be liable to the laws , and is contented to be within their verge , because they are chiefly his own productions , yet he is still their protector , moderator , and soveraigne , which attributes are incommunicable to any other conjunctly or separately . thus the king with his scepter , and by the mature advice of his two houses of parl. which are his highest councel and court , hath the sole power of making laws ; other courts of judicature doe but expound them and distribute them by his appointment , they have but iuris dati dictionem or declarationem , and herein , i meane for the exposition of the lawes the twelve iudges are to be believed before the whole kingdom besides . they are as the areopagites in athens , the chief presidents in france and spaine in an extraordinary iunta , as the cape-syndiques in the rota's of rome , and the republique of venice , whose judgments in point of interpreting lawes are incontroulable , and preferred before the opinion of the whole senate whence they received their being ; and who hath still power to repeal them , though not to expound them . in france they have a law maxime , arrest donné en rebbe rouge est irrevocable , which is , a scarlet sentence is irrevocable , meaning when all the judges are met in their robes , and the client against whom the cause goes , may chafe and chomp upon the bit , and say what he will for the space of twenty foure howers against his judges , but if ever after he traduces them , he is punishable : it is no otherwise here where every ignorant peevish client , every puny barister , specially if he become a member of the house will be ready to arraign and vie knowledge with all the reverend judges in the land , whose judgement in points of law shold be onely tripodicall and sterling : so that he may be truly call'd a just king , and to rule according to law , who rules according to the opinion of his judges ; therefore , under favour , i do not see how his majesty for his part could be call'd injust when he leavied the ship-money , considering he had the judges for it . i now take the sword in hand , which is the third instrument of a king , ( and which this short discours chiefly points at ) it is as well as the two first incommunicable and inalienable from his person ; nothing concernes his honor more both at home and abroad ; the crown and the scepter are but unweildy and impotent naked indefensible things without it . there 's none so simple as to think there 's meant hereby an ordinary single sword , such as ev'ry one carrieth by his side , or som imaginary thing or chymera of a sword ; no , 't is the polemicall publique sword of the whole kingdom , 't is an aggregative compound sword , and 't is moulded of bell-metall ; for 't is made up of all the ammunition and armes small and great , of all the military strengths both by land and sea , of all the forts , castles and tenable places within and round about the whole i le : the kings of engl. have had this sword by vertue of their royall signory from all times , the laws have girded it to their sides , they have employed it for repeling all foren force , for revenging all forren wrongs or affronts , for quelling all intestine tumults , and for protecting the weal of the whole body politicke at home : the peeple were never capable of this sword , the fundamentall constitutions of this kingdom deny it them ; 't is all one to put the sword in a mad mans hand , as in the peeples ; or for them to have a disposing power in whose hands it shall be . such was the case once of the french sword , in that notorious insurrection call'd to this day la iaqueris de beauvoisin , when the pesants and mechanicks had a design to wrest it out of the kings hand , and to depresse all the peers and gentry of the kingdom ; and the businesse had gone so far that the peasans might have prevail'd , had not the prelats stuck close to the nobility ; but afterwards poor hare ▪ brain'd things they desire the king upon bended knees to take it againe ; such popular puffs have blowen often in poland , naples and other places , where while they sought and fought for liberty by retrenching the regall power , they fool'd themselfs into a slavery unawares , and found the rule right , that excesse of freedom turns to thraldom , and ushers in all confusions . if one shold go back to the nonage of the world , when governers and rulers began first , one will find the peeple desir'd to live under kings for their own advantage , that they might be restrain'd from wild exorbitant liberty , and kept in unity ; now unity is as requisit for the wel-being of all naturall things , as entity is for their being , and 't is a receiv'd maxime in policy , that nothing preserves unity more exactly then royal government : besides , 't is known to be the noblest sort of sway ; in so much that by the law of nations , if subjects of equal degrees , and under differing princes shold meet , the subjects of a king shold take precedency of those under any republique . but to take up the sword again . i say that the sword of public power and authority is fit only to hang at the kings side , and so indeed shold the great seal hang only at his girdle , because 't is the key of the kingdom : which makes me think of what i read of charlemain , how he had the imperial seal emboss'd alwaies upon the pommell of his sword , and his reason was , that he was ready to maintain whatsoever he signed , and sealed . the civilians , who are not in all points so great friends to monarchy as the common law of england is , say , there are six iura regalia , six regal rights , viz. . potestas iudicatoria , . potestas vitae & necis , . armamenta , . bona adespota , . census , . monetarum valor : to wit , power of iudicature , power of life and death , all kind of arming , masterless goods , s●…issements , and the value of money . among these regalia's , we find that arming , which in effect is nought else but the kings sword , is among the chiefest ; and 't is as proper and peculiar to his person , as either crown or scepter . by these two he drawes a loose voluntary love and opinion only from his subjects , but by the sword he draws reverence and awe , which are the chiefest ingredients of allegiance , it being a maxime , that the best mixture of government is made of fear and love . with this sword he conferrs honor , he dubbs knights , he creates magistrates , the lord deputy of ireland , the lord mayor of london with all other corporations have their swords from him , and when he entereth any place corporate , we know the first thing that is presented him is the sword : with this sword he shields and preserves all his people that every one may sit quietly under his own vine , sleep securely in his own house , and enjoy sweetly the fruits of his labours . nor doth the point of this sword reach only to every corner of his own dominions , but it extends beyond the seas to gard his subjects from oppression , and denial of justice , as well as to vindicate the publick wrongs , make good the interests of his crown , and to assist his confederates ; this is the sword that edward the third tied the flower deluces unto ( which stick still unto it , ) when having sent to france to demand that crown by maternal right , the counsell ther sent him word that the crown of france was not tied to a distaff , to which scoffing answer he replied , that then he wold tie it to his sword , and he was as good as his word . nor is this publick sword concredited or intrusted by the peeple in a fiduciary conditionall way to the king , but it is properly and peculiarly belonging unto him , as an inseparable concomitant , perpetual usher and attendant to his crown . the king , we know , useth to maintain all garrisons upon his own charge , not the peeples ; he fortifies upon his own charge , not the peeples : and though i will not averr , that the king may impresse any of his subjects , unlesse it be upon an actuall vasion by sea , or a sudden irruption into his kingdom by land , as the scots have often done , yet at any time the king may raise volunteers , and those who have received his money , the law makes it felony , if they forsake his service . thus we see there 's nothing that conduceth more to the glory , and indeed the very essence of a king then the sword , which is the armes and military strength of his kingdom ; wherfore under favour , ther cannot be a greater point of dishonour to a king then to be disarmed , then to have his sword taken from him , or dispos'd of and intrusted to any but those whom he shall appoint ; for as à minori ad majus the argument often holds , if a private gentleman chance to be disarm'd upon a quarrell , 't is held the utmost of disgraces , much greater and more public is the dishonor that falls upon a king , if after som traverses of difference 'twixt him and his subjects , they shold offer to disarm him , or demand his sword of him : when the eagle parted with his talons , and the lion with his teeth and ongles , the apolog tells us how contemptible afterwards the one grew to be among birds , the other among birds , the other among beasts . for a king to part with the sword politic is to render himself such a ridiculous king , as that logg of wood was which iupiter let down among the froggs for their king at the importunity of their croaking ; 't is to make him a king of clouts , or as the spaniard hath it , rey de havas , a bean king , such as we use to choose in sport at twelfnight . but my hopes are , that the two present houses of parliament ( for now they may be call'd so , because they begin to parley with their king , ) will be more tender of the honour of their soveraign liege lord , which , together with all his rights and dignities , by severall solemn oaths , aud by their own binding instruments of protestation and covenant , ( not yet revok'd ) they are sworne to maintaine , and that they will demand nothing of him which may favour of aspertè or force , but what may hold water hereafter : but now , touching the militia or sword of the kingdom , i think , under favour , the king cannot transfer it to any other ; for that were to desert the protection of his people , which is point blank against his coronation oath and his office : what forren prince or state will send either ambassador , resident or agent to him , when they understand his sword is taken from him ? what reformed forein church will acknowledg him defendor of the faith , when they hear of this ? nay , they who wish england no good will , will go near to paint him out , as not long since another king was , with a fair velvet scabbard , a specious golden hilt and chape , but the blade within was of wood . i hope that they who sway now , will make better use of their successes : many of them know 't is as difficult a thing to use a victory well , as to get one ; ther is as much prudence requir'd in the one , as prowesse in the other ; they will be wiser sure then turn it to the dishonor of their king : it being a certain rule , that the glory of a nation all the world over depends upon the glory of their king , and if he be any way obscur'd , the whole kingdom is under an eclipse . i have observed , that among other characters of gallantry , which forein writers appropriat to the english nation , one is , that they use to be most zealous to preserve the honor of their king ; i trust that they who are now up will return to the steps of their progenitors , both in this particular and divers other ; that their successes may serve to sweeten and moderat things , and suppress the popular sword which still rages ; and it had bin heartily wished that a suspension of arms had preceded this treaty , which useth to be the ordinary fore-runner , and a necessary antecedent to all treaties ; for while acts of hostility continue , som ill-favour'd newes may intervene which may imbitter and 〈◊〉 〈◊〉 ▪ nor can it be expected that the proceedings will go on with that candor and confidence , while the old rancor is still in action ▪ 't is impossible a sore shold heal till the inflamation be taken away ; to cast water into a wound instead of oyle is not the way to cure it : or to cast oyle upon a fire instead of water is not the way to quench it ; poor england hath had a consuming fire within her bowels many years , she is also mortally wounded in all her members , that she is still in a high fever , which hath made her rave and speak idle a long time ; and 't is like to turn to a hectic , if not timely prevented . i pray god she may have no occasion to make use of the same complaint as alexander the great made when he was expiring his last , perii turba medicorum : too many physitians have undon me . to conclude in a word , ther is but one only way , under favor , to put a period to all these fearful confusions ; it is , to put the great master-wheel in order , and in its due place again , and then all the inferior wheels will move regularly ; let the king be restor'd , and ev'ry one will come to his own , all interests will be satisfied , all things quickly rectified ; till this be done , 't is as absurd to attempt the setling of peace , as if one shold go about to set a watch by the gnomen of an horizontall diall when the sun is in a cloud . i. h. an italian prospective , through which great britain ( without any multiplying art ) may cleerly see her present danger , and foresee her future destruction , if not timely prevented . perditio tua ex te anglia . paraenesis angliae . o england ( specially thou besotted city of london ) if thou be'st not quite past cure , or grown careless and desperat of thy self , if the least spark of grace , or ray of reson be yet remaining in thee , be warn'd , be warn'd by this stranger , who having felt thy pulse , and cast thy water very exactly , discovers in thee symptoms of inevitable ruine if thou holdst on this cours . divers of thy own children oftentimes admonish'd thee with tears in their eyes , and terror in their hearts , to recollect thy self , and return to thy old road of obedience to thy soverain prince , but they have bin little regarded , let a foreiners advice then take place , and make som impressions in thee to prevent thy utter destruction . from the prison of the fleet . aug. . i. h. an account of the deplorable , and desperat condition that england stands in , sent from london , anno . to the lord francisco barberini , cardinal of the most holy apostolick see , and protector of the english nation , at his palaces in rome . my last to your eminence was but short , in regard i had been but a short time in this countrey , i have now made a longer sojourn here , and taken a leisurely information of all matters ; therefore i shall give your eminence an account proportionably : for by conversation with the most indifferent , and intelligenc'd men , and by communication with the ambassadors here resident , i have taken some paines to pump out the truth of things , and penetrat the interest of all parties . and truly , i find , that that angry star , which hath lowr'd so long upon europe in generall , hath been as predominant , and cast as direfull aspects upon this poor iland , as it hath done upon any other part : truly , my lord , in all probability this peeple have pass'd the meridian of their happinesse , and begin to decline extreamly , as well in repute abroad , as also in the common notions of religion , and indeed in the ordinary faculty of reason : i think verily the ill spirit never reign'd so much in any corner of the earth by those inhumane aud horrid things that i have observ'd among them . nor is it a petty spirit , but one of the greatest cacod●…mons that thus drives them on , and makes them so active in the pursuance of their own perdition . to deduce matters from their originall , your eminency may please to understand , that this king at his accesse to the crown had deep debts to pay , both of his fathers , and his own , he was left ingaged in a fresh warre with spain ; and had another presently after which france , and both at one time , but he came off well enough of those : afterwards never any countrey flourished in that envied happinesse , and wanton kind of prosperity ; this city of london was grown to be the greatest mart , and mistress of trade , of any in the world ; insomuch , as i have been certainly inform'd , the king might have spent meerly upon his customes crowns a day : moreover , she had a vast bank of money being made the scale of conveying the king of spains treasure to flanders : insomuch that in a few yeers she had above ten millions of his moneys brought hither , which she might have remitted in specie or in marchandize , and for which this king had five in the hundred for coynage : yet could he not get beforehand with the world , having a sister with so many nephews and neeces , having a queen with diverse children of his own , ( at least of the blood-royall ) to maintaine , with divers profuse courtiers besides , which made him more parsimonious then ordinary . the warres then growing more active 'twixt spaine and france , as also 'twixt holland and spaine both by land and sea , and divers great fleets of men of war as well french ( who were growne powerfull that way ) as dunkerkers , spaniards hollanders , and hamburgers , appearing daily in his narrow seas , and sayling close by his chambers , the world wondred this king had no greater strength at sea , in case that any of the foresaid nations should doe him an affront , as some of them had already done , by denying to dash their colours to his ships : insomuch that in holland and other places he was pasquill'd at , and pourtrayed lying in his cradle lullaby'd and rock'd asleep by the spaniard : hereupon being by advertisements from his agents abroad , and frequent advice of his privie councell at home , made sensible of the danger , and a kind of dishonour he was faln into , and having intelligence that the french cardinall began to question his title to the dominion of the narrow seas , considering he employed no visible power to preserve it , he began to consult of meanes to set forth a royall fleet : but in regard the purse of the crowne was lightly ballasted , and that he had no mind to summon the three estates , because of some indignities he had received in former parliaments by the puritan party ( a race of people averse to all kingly government , unlesse they may pare it as they please ) his then atturney generall ( noy ) a great cryed-up-lawyer , put it in his head to impose an old tax called ship-mony upon the subject , which the said lawyer did warrant upon his life to be legall , for he could produce divers records how many of his progenitors had done the like : the king not satisfied with his single opinion , refer'd it to his learn'd council , & they unanimously averred it to be agreeable to the law of the land ; yet this would not fully satisfie the king , but he would have the opinion of his twelve judges , and they also affirmed by their single vouches the said tax to be warrantable ; hereupon it was imposed and leavied , but some refusing to pay it , there was a suite commenc'd , during which all the judges were to re-deliver their opinions joyntly , and the businesse being maturely debated and canvased in open court divers months , and all arguments produc'd pro & con , nine of the said twelve judges concluded it legal . thereupon the king continued the imposition of the said tax , and never was mony imployed so much for the honour and advantage of a countrey , for he sent out every summer a royall fleet to scowre and secure the seas ; he caused a galeon to be built , the greatest and gallantest that ever spread saile : nor did he purse up , and dispose of one peny of this money to any other use , but added much of his own revenues yeerly thereunto : so the world abroad cried up the king of england to be awake againe ; trade did wonderfully encrease , both domestic and forrein in all the three kingdomes ; ireland was reduced to an absolute settlement , the arrears of the crown payed , and a considerable revenue came thence cleerly to the exchequer of england every year , the salaries of all officers , with the pay of the standing army ●…here , and all other charges being defrayed by ireland her self , which was never done before . yet for all this height of pappinesse , and the glorious fruites of the said ship-money , ( which was but a kind of petty insensible tax , & a thing of nothing to what hath hapened since ) there were some foolish peeple in this land which murmured at it , and cryed nothing else but a parliament , a parliament ; and they have had a parliament since with a vengeance . but before this occasion , it was observed , that the seeds of disobedience , and a spirit of insurrection was a long time engendring in the hearts of som of this peace-pampred people , which is conceived to proceed from their conversation and commerce with three sorts of men , viz. the scot , the hollander and the french huguenot . now an advantage happened that much conduced to necessitate the convoking of a parliament , which was an ill-favoured traverse that fell out in scotland ; for the king intending an uniformity of divine worship in all his three kingdoms , sent thither the liturgy of this church , but it found cold and course entertainment ther , for the whole nation , men , women and children rise up a gainst them : here upon the king absolutely revoked it by proclamation , wherein he declared 't was never his purpose to press the practise therof upon the consciences of any ; therfore commanded that all things shold be in statu quo prius , but this wold not serve the turn , the scot took advantge hereby to destroy hierarchy , and pull down the bishops to get their demeans : to which purpose they came with an army in open field against their own native king , who not disgesting this indignity , mustred another english army ; which being upon the confines of both kingdoms , a kind of pacification was plaistred over for the present . the king returning to london , and consulting his second thoughts , resented that insolency of the scots more then formerly : hereupon he summons a parliament , and desires aid to vindicat that affront of the scot. the scot had strong intelligence with the puritan faction in the english parliament , who seemed to abet his quarrel , rather then to be sensible of any national dishonour received from him ; which caused that short-lived parliament to dissolve in discontent , and the king was forced to find other means to raise and support an army by privat loanes of his nobler sort of subjects and servants : the scot having punctual advertisements of every thing that passed ; yea , in the kings cabinet councel was not idle all this while , but rallies what was left of the former army ( which by the articles of pacification ( a little before ) should have bin absolutely dismissed ) and boldly invades england , which he durst never have done , if he had not well known that this puritan party which was now grown very powerful here , and indeed had invited him to this expedition , wold stand to him . this forein army being by the pernicious close machinations of som mongrel englishmen aforementioned , entred into the bowels of the country , the king was forced to call this present parliament , with whom he complyed in every thing , so far as to sacrifice unto them both iudge , bishop , councellor and courtier ; yea , he yielded to the tumbling down of many tribunals of justice , which were an advantage to his prerogative ; he assented that the prelates , who were the most ancient and prime members of the upper house , and had priority of all others , since the first constitution of parliament in the enrollment of all acts , he assented i say that these , who were the greatest prop of his crown shold be quite outed from among the peers ; he granted them also a trienniall parliament , and after that , this perpetuall ; which words , to the apprehension of any rational man , carry with them a grosse absurdity in the very sense of the thing : and touching this last grant , i had it from a good hand , that the queen was a friend to this parliament , and your eminence knows how they have requited her since , but the main open councellor to this fatall act was a scot. now the reason which they alledged for this everlasting parliament was one of the baldest that ever i heard of , it was , that they might have time enough to pay the scots army , wheras in one morning they might have dispatched that , by passing so many subsidies for that use , and upon the credit of those , they might have raised what money they wold . the parliament finding the king so plyable , and his pulse to beat so gently , like ill-natur'd men they fall from inches to ells in seeking their advantages : they grew so peremptory as to demand all the military strength of the kingdom , the tower of london , with the whole royal navy , which they found in an excellent equipage , gramercy ship-money ; so that the benefit of ship-money , which they so clamoured at , turned most to their advantage of any thing afterwards . the scot being fidler-like returned to his country with meat , drink , and money , the king went a while after to keep a parliament ther , wherein he filled every blank , they did but ask and have , for he granted them what possibly they could propound , both for their kirk and state , many received honour , and they divided bishops lands amongst them : for all which unparallel'd concessions of princely grace , they caused an act already in force to be published , viz. that it shold be damnable treason in the highest degree that could be , for any of the scots nation conjunctly or singly to levy armes , or any military forces , upon any pretext whatsoever , without his majesties royal commission ; and this they caused to be don by way of gratitude , but how they perform'd it afterwards the world knowes too well . the king returning to london , in lieu of a welcom to his two houses of parliament ( to whom also before his departure he had passed more acts of grace then all his progenitors , take them all in a lump ) they had patch'd up a kind of remonstrance , which was voted in dead of the night , wherein they expos'd to the world the least moat in former government , and aggravated to the very height every grievance , notwithstanding that the king had redressed all before ; and this remonstrance , which breath'd nothing but a base kind of malice , they presented as a nosegay to their soveraign prince , to congratulat his safe return from a forein countrey ; which remonstrance they caus'd to be printed and publish'd before he could give any answer thereunto . the king finding such a virulent spirit still raign in the house , and knowing who were chiefly possess'd with it ( viz. those whom he had impeach'd before , but saw he could get no justice against them ) in such an extremity , he did an act like a generous prince , for taking the palsgrave with him , he took the first coach he met withall at his court-gate , and went to his house of commons in person , to demand five members , which he wold prove to be traitors in the highest degree 〈◊〉 to be the authors of all these distempers , protesting upon the word of a king , that they shold have as fair & legal a tryal as ever men had ; in the interim he only desir'd that their persons might be secur'd . the walls of both houses , and the very stones in london street did seem to ring of this high cariage of the kings , and the sound went thence to the country , whence the silly plebeians came presently in whole herds to this city , who strutting up and down the streets , had nothing in their mouths , but that the priviledg of parlement , the priviledg of parlement was broken , though it be the known clear law of the land , that the parlement cannot supersede or shelter any treason . the king finding how violently the pulse of the grosly seduced people did beat , and ther having bin formerly divers riotous crues of base mechaniques and mariners , who had affronted both his own court , and the two houses besides , which the commons , to their eternal reproach , conniv'd at , notwithstanding that divers motions were made by the lords to suppresse them , the king also having privat intelligence that ther was a mischievous plot to surprize his person , remov'd his court to the countrey . the king departing , or rather being driven away thus from his two houses , by this mutinous city , he might well at his going away have ubraided her in the same words as h. the . did upbraid paris , who being by such another tumultuous rabble driven out of her in the time of the ligue , as he was losing sight of her , he turn'd his face back , and said , farewel ingratefull city , i will never see thee again till i make my way into thee through thy walls : yet though the king absented himself in person thus from the two houses , he sent them frequent messages , that they wold draw into acts what he had already assented unto , and if any thing was left yet undon by him , he wold do it ; therfore he will'd them to leave off those groundless feares and jealousies wherwith they had amus'd both city and country ; and he was ready to return at all times to his palace in westminster , provided that his person might be secur'd from the former barbarisms and outrages : but in lieu of a dutiful compliance with their prince , the thoughts of the two houses ran upon nothing but war : the king then retiring into the north , and thinking with a few of his servants only to go visit a town of his ( hull ) he was denyed entrance by a fatal unlucky wretch ( hotham ) who afterwards was shamefully executed with his eldest son , by command of his new masters of the parlement : the king being thus shut out of his own town ( which open'd the first dore to a bloudy war ) put forth a declaration , wherin he warn'd all his people that they shold look to their proprieties , for if he was thus barr'd of his own , how could any privat subject be sure to be master of any thing he had , and herein he was as much prophet as prince ; for the parlement-men afterwards made themselfs land-lords of the whole kingdom , it hath bin usual for them to thrust any out of his freehold , to take his bed from under him , and his shirt from off his very back . the king being kept thus out of one of his townes , might suspect that he might be driven out of another , therfore 't was time for him to look to the preservation of his person , and the country came in voluntarily unto him by thousands to that purpose , but he made choice of a few only to be his gard , as the parlementeers had done a good while before for themselfs : but now they went otherwise to work , for they fell a levying , listing and arming men by whole regiments and brigades till they had a very considerable army afoot , before the king had one musqueteer or trooper on his side ; yet these men are so notoriously impudent , as to make the king the first aggressor of the war , and to lay upon him all the bloud that was split to this day , wherein the devil himself cannot be more shamelesse . the parliamenteers having an army of foot and horse thus in perfect equipage , 't was high time for the king to look to himself , therefore he was forced to display his royal standard , and draw his sword quite out : thus a cruel and most cruentous civil war began which lasted near upon four years without intermission , wherein there happen'd more batta les , sieges and skirmishes , then passed in the nether-lands in fourscore years , and herein the englishmen may be said to get som credit abroad in the world , that they have the same bloud running in their veines ( though not the same braines in their sculls ) which their ancestors had , who were observed to be the activest people in the field , impatient of delay , and most desirous of battaile then any nation . but it was one of the greatest miracles that ever happen'd in this land , how the king was able to subsist so long against the parlamenteers , considering the multiplicity of infinite advantages they had of him by water and land : for they had the scot , the sea and the city on their side ; touching the first , he rushed in as an auxiliary with above . horse and foot compleatly furnish ▪ d both with small and great ammunition and arms , well cloth'd and money'd : for the second , they had all the kings ships well appointed , which are held to be the greatest security of the island both for defence and offence , for every one of them is accounted one of the moving castles of the kingdom : besides , they had all the other standing stone-castles , forts , and tenable places to boot : concerning the last , ( viz. the city ) therein they had all the wealth , bravery , and prime ammunition of england , this being the only magazin of men and money : now if the k. had had but one of these on his side , he had in all probability crush'd them to nothing : yet did he bear up strangely against them a long time , and might have done longer , had he kept the campane , and not spent the spirits of his men before townes ; had he not made a disadvantagious election of som commanders in chief , and lastly , had he not had close traitors within dores , as well as open rebels without ; for his very cabinet councel , and bed-chamber were not free of such vermin , and herein the parlementeers spent unknown sums and were very prodigal of the kingdoms money . the king , after many traverses of war , being reduced to a great strait by crosse successes and counsels , rather then to fall into the hands of the parlementeers , withdrew himself in a serving-mans disguise to the scots army , as his last randevous , and this plot was manag'd by the french agent then residing here ; a man wold think that that nation wold have deem'd it an eternal honour unto them to have their own king and countrey-man throw himself thus into their armes , and to repose such a singular trust in them upon such an extremity : but they corresponded not so well with him as he expected , for though at first when the parlamenteers sollicited their dear brethren for a delivery of the kings person unto them , their note was then , if any forein petty prince had so put himself upon them , they could not with honour deliver him , much less their own native king ; yet they made a sacrifice of him at last for . crownes ; wherupon bellieure the french ambassador being convoyed by a troop of horse from the king towards london , to such a stand , in lieu of larges to the souldiers , he drew out an half crown piece , and ask'd them how many pence that was , they answered . he replyed , for so much did iudas betray his master , and so he departed . and now , that in the cours of this historical narration , i have touch'd upon france , your eminence may please to understand , that nothing almost could tend more to the advantage of that k. then these commotions in england , considering that he was embark'd in an actuall war with the house of austria and that this iland did do spain some good offices ; among other , by transport of his treasure to dunkerk in english bottomes , whereunto this king gave way , and sometimes in his own galeons , which sav'd the spaniard neer upon . in the hundred , then if he had sent it by way of genoa ; so that som think , though france made semblance to resent the sad condition of her neighbour , and thereupon sent the prince of harcour , and the foresaid monsieur bellieure to compose matters , yet she never really intended it , as being against her present interest and engagements : yet the world thinks it much that she shold publiquely receive an agent from these parlamenteeres , and that the french nobility who were us'd to be the gallantest men in the world to vindicate the quarrels of distressed ladies , are not more sensible of the outrages that have bin offer'd a daughter of france , specially of henry the greats . but to resume the threed of my narration , the king ( and with him , one may say , england also ) being thus bought and sold , the parlamenteers insteed of bringing him to westminster , which had put a period to all distempers , toss'd him up and downe to private houses , and kept the former army still afoot : and truly i think there was never prince so abus'd , or poor peeple so baffled , and no peeple but a purblind besotted peeple wold have suffred themselves to be so baffled : for notwithstanding that no enemy appeer'd in any corner of the kingdome , yet above . tagaroones have bin kept together ever since to grind the faces of the poor , and exhaust the very vitall spirits of town and countrey , and keep them all in a perfect slavery : had the parlament-men , when the scots were gone , brought their king in a generous and frank way ( as had well becom'd englishmen ) to sit among them , and trusted to him ( which of necessity they must do at last ) as they had gain ▪ d more honor far in the world abroad , so they had gain'd more upon his affections then i beleeve they will ever do hereafter . but to proceed , the king having bin a good while prisoner to the parlement , the army snatch'd him away from them , and som of the chiefest commanders having pawn'd their soules unto him to restore him speedily , in lieu thereof they tumbled him up and down to sundry places , till they juggled him at last to that small ile where now he is surrounded with a gard of strange faces ; and if happly he beginns to take delight in any of those faces , he is quickly taken out of his sight . these harsh usages hath made him become all gray and oregrown with hair so that he lookes rather like som silvan satyr then a soverain prince : and truly my lord the meanest slave in st. marks gallies or the abjects captif in algier bannier is not so miserable as he in divers kinds , for they have the comfort of their wifes , children and frends , they can convey and receive letters , send messengers upon their errands , and have privat discours with any ; all which is denied to the king of great britain , nay the young princes his children are not permitted as much as to ask him blessing in a letter . in so much that if he were not a great king of his passions , and had a heart cast in on extraordinary mould , these pressures and those base aspersions that have bin publiquely cast upon him by the parlement it self , had bin enough to have sent him out of the world e're this , and indeed 't is the main thing they drive at , to torture his braine , and tear his very heart strings if they could : so that whereas this foolish ignorant peeple speak such horrid things of our inquisition , truly my lord 't is a most gentle way of proceeding being compar'd to this kings persecutions . as the king himselfe is thus in quality of a captif , so are all his subjects becom perfect slaves , they have fool'd themselfs into a worse slavery then iew or greek under the ottomans , for they know the bottom of their servitude by paying so many sultanesses for every head ; but here , people are put to endless , unknown , tyrannical taxes , besides plundering and accize , which two words , and the practise of them ( with storming of towns ) they have learnt of their pure brethren of holland : and for plundrings , these parliamenteer-saints think they may robb any that adheres not to them as lawfully as the iewes did the egyptians : 't is an unsommable masse of money these reformers have squandred in few years , whereof they have often promis'd and solemnly voted a publick account to satisfie the kingdom : but as in a hundred things more , so in this precious particular they have dispens'd with their votes : they have consumed more treasure with pretence to purge one kingdom , then might have served to have purchas'd two ; more ( as i am credibly told ) then all the kings of england spent of the public stock since the saxon conquest : thus have they not only begger'd the whole island , but they have hurld it into the most fearfull ▪ st chaos of confusion that ever poor countrey was in ; they have torn in pieces the reines of all government , trampled upon all lawes of heaven and earth , and violated the very dictamens of nature , by making mothers to betray their sons , and the sons their fathers , but specially that great charter , which is the pandect of all the laws and liberties of the free-born subject , which at their admission to the house they are solemnly sworn to maintain , is torn in flitters : besides those severall oaths they forg'd themselfs , as the protestation and covenant , where they voluntarily swear to maintain the kings honour and rights , together with the established laws of the land , &c. now i am told , that all acts of parlement here are lawes , and they carry that majesty with them , that no power can suspend or repeal them , but the same power that made them , which is the king sitting in full parlement ; these mongrell polititians have bin so notoriously impudent as to make an inferiour ordinance of theirs to do it , which is point-blanck against the very fundamentals of this government , and their own oaths , which makes me think that there was never such a perjur'd pack of wretches upon earth , never such monsters of mankind . yet this simple infatuated peeple have a saint-like opinion of these monsters , this foolish citie gards them daily with horse and foot , whereby she may be sayd to kisse the very stones that are thrown at her , and the hand whence they came , which a dogg would not do : but she falls to recollect her self now that shee begins to be pinch'd in trade , and that her mint is starv'd , yet the leading'st men in her common-councell care not much for it , in regard most of them have left traffiquing abroad , finding it a more easie and gainefull way of trading at home , by purchasing crown or church lands , plunder'd goods , and debts upon the publick faith , with soldiers debenters ; thus the saints of this iland turne godlinesse into gaine . truly my lord , i give the english for a lost nation , if they continue long thus , never was ther a more palpable oblaesion of the brain , and a more visible decay of reason in any race of men : it is a sore judgment from heaven , that a people shold not be more sensible how they are become slaves to rebells , and those , most of them the scumm of the nation , which is the basest of miseries : how they suffer them to tyrannize by a meer arbitrary extrajudicial power o're their very souls and bodies ▪ o're their very lifs and livelihoods ; how their former freedom is turn'd to fetters , molehills into mountains of grievances , ship-money into accize , justice into tyranny : for nothing hath bin and is daily so common amongst them as imprisonment without charge , and a charge without an accuser , condemnation without apparance , and forfeitures without conviction . to speak a little more of the king , if all the infernal fiends had ligu'd against him , they could not have design'd or disgorged more malice : they wold have laid to his charge his fathers death , as arrand a lie as ever was forg'd in hell : they wold make him fore-know the insurrection in ireland , wheras the spanish ambassador here , and his confessor who is a very reverend irish-man , told me , that he knew no more of it then the grand mogor did : they charge him with all the bloud of this civil war , wheras they and their instruments were the first kindlers of it , and that first prohibited trade and shut him out of his own town : they have intercepted and printed his privat letters to his queen , and hers to him , ( oh barbarous basenesse ! ) but therin they did him a pleasure , though the intent was malitious , their aim in all things being to envenom the hearts of his people towards him ; and this was to render him a glorious and well-belov'd prince , as likewise for making him rich , ( all which they had vow'd to do upon passing the act of continuance , ) but now they have made him poorer then the meanest of all his vassals , they have made him to have no propriety in house , goods , or lands , or as one may say , in his wife and children : 't was usual for the father to hunt in his park while the son hunted for his life in the field , for the wife 〈◊〉 lie in his bedds , while the husband layed wait to murther him abroad ; they have seiz'd upon and sold his privat hangings an●… plate , yea his very cabinets , jewels , pictures , statues , and books . nor are they the honorablest sort of peeple , and men nobly extracted ( as in scotland ) that do all this , ( for then it were not so much to be wondred at ) but they are the meanest sort of subjects , many of them illiterat mechaniques , wherof the lower house is full ; specially the subordinat committees , who domineer more o're nobles and gentry , then the parliament members themselfs their masters use to do . touching those few peers that sit now voting in the upper house , they may be said to be but meer cyphers , they are grown so degenerat as to suffer the commons to give them the law , to ride upon their backs , and do most things without them : ther be many thousand petitions that have bin recommended by these lords to the lower house , which are scornfully thrown into corners and never read ; their messengers have us'd to dance attendance divers hours and days before they were vouchsafed to be let in or heard , to the eternal dishonour of those peers , and yet poor spirited things they resent it not : the commons now command all , and though , as i am inform'd , they are summon'd thither by the kings original writ but to consent to what the king and his great counsel of peers ( which is the tru court of parlement ) shall resolve upon ; the commons i say are now from consenters become the chiefest counsellors , yea controulers of all ; nay som of this lower house fly so high as to term themselfs conquerors , and though in all conferences with the lords they stand bare before them , yet by a new way of mix'd committees they carry themselfs as collegues : these are the men that now have the vogue , and they have made their priviledges so big swoln , that they seem to have quite swallowed up both the kings prerogatives , and those of the lords : these are the grandees , and sages of the times , though most of them have but crack'd braines and crazy fortunes god wot ; nay som of them are such arrand knaves and coxcombs , that 't is questionable whether they more want common honesty , or common sense ; nor know no more what belongs to tru policy then the left leg of a joynt-stool : they are grown so high a tiptoes , that they seem to scorn an act of amnestia , or any grace from their king , wheras som of them deserve to be hang'd as oft as they have haires upon their heads ; nor have they any more care of the common good of england then they have of lapland , so they may secure their own persons , and continue their power now , authority is sweet , though it be in hell. thus , my lord , is england now govern'd , so that 't is an easie thing to take a prospect of her ruine if she goes on this pace : the scot is now the swaying man , who is the third time struck into her bowels with a numerous army : they say he hath vow'd never to return till he hath put the crown on the kings head , the scept●…r in his hand , and the sword by his side ; if he do so , it will be the best thing that ever he did , though som think that he will never be able to do england as much good as he hath done her hurt ; he hath extremely out-witted the english of late years : and they who were the causers of his first and last coming in , i hold to be the most pernicious enemies that ever this nation had ; for t is probable that germany ( viz. ponterland and breme ) will be sooner free of the swed , then england of the scot , who will stick close unto him like a bur , that he cannot shake him off ; he is becom already master of the englishmans soul , by imposing a religion upon him , and he may hereafter be master of his body . your eminence knows there is a periodicall fate hangs over all kingdoms after such a revolution of time , and rotation of fortunes wheele ; the cours of the world hath bin for one nation , like so many nailes , to thrust out another ; but for this nation , i observe by conference with divers of the saddest and best weighdst men among them , that the same presages foretell their ruine as did the israelites of old , which was a murmuring against their governors ; it is a long time that both iudges , bishops and privy counsellors have bin mutter'd at , whereof the first shold be the oracles of the law , the other of the gospell , the last of state-affaires , and that our judgments shold acquiesce upon theirs ; here as i am inform'd ; 't was common for evry ignorant client to arraign his iudg ; for evry puny curat to censure the bishop ; for evry shallow-brain home-bred fellow to descant upon the results of the councell table : and this spirit of contradiction and contumacy hath bin a long time fomenting in the minds of this peeple , infus'd into them principally , by the puritanicall faction . touching the second of the three aforesaid ( i mean bishops ) they are grown so odious ( principally for their large demeanes ) among this peeple , as the templers were of old , and one may say it is a just judgment fallen upon them , for they were most busy in demolishing convents and monasteries , as these are in destroying cathedralls and ministers ; but above all , it hath bin observ'd that this peeple hath bin a long time rotten-hearted towards the splendor of the court , the glory of their king , and the old establish'd government of the land : 't is true there were a few small leakes sprung in the great vessel of the st●…te , ( and what vessel was ever so ●…ite but was subject to leakes ? ) but these wise-akers in stopping of one have made a hundred : yet if this kings raign were parallell'd to that of queen elizabeth's , who was the greatest minion of a peeple that ever was , one will find that she stretch'd the prerogative much further ; in her time as i have read in the latin legend of her life , som had their hands cut off for only writing against her matching with the duke of aniou , others were hang'd at tyburn for traducing her government ; she pardon'd thrice as many roman priests as this king did , she pass'd divers monopolies , she kept an agent at rome , she sent her sergeant at armes to pluck out a member then sitting in the house of commons by the eares , and clapt him in prison ; she call'd them sawcy fellowes to meddle with her prerogative , or with the government of her houshold , she mannag'd all forren affaires , specially the warrs with ireland soly by her privy counsell ; yet there was no murmuring at her raign , and the reason i conceave to be , that there was neither scot or puritan had then any stroke in england . yet , for all their disobedience and grumblings against their liege lord the king , this peeple are exactly obedient to their new masters of the house of commons , though they sit there but as their servants and entitle themselfs so ; and also though in lieu of the small scratches which england might happily have receiv'd before ( all which the king had cur'd ) these new masters have made such deep gashes in her , and given her such deadly wounds that i believe are incurable . my lord , i find by my researches , that there are two great idolls in this kingdom , the greatest that ever were , they are the parliament and the pulpit ; t is held high treson to speak against the one , and the whole body of religion is nailed unto the other , for there is no devotion here at all but preaching , which god wot is little better then prating . the abuse of these two hath bin the source of all the distempers which now raign : touching the latter , it hath serv'd as a subvervient engin to prop up the power and popularity of the first ; these malicious pulpit-men breath out nothing thence but either sedition , schisme or blasphemy : poor shallow brain'd sciolists , they wold question many things in the old testament , and find apocrypha in the new : and such is the violence wherewith the minds of men and women are transported towards these preachmen , and no other part of devotion besides , that in all probability they will in time take a surfet of them : so that give this giddy peeple line enough ther will be no need of catholique arms to reduce them to the apostolick church , they will in time pave the way to it themselves , and be glad to return to rome to find out a religion again . there was here before , as i am informed , a kind of a face of a church , there were some solemnities , venerations and decencies us'd that a man might discover som piety in this peeple ; there was a publick lyturgie that in pithy pathetical prayers reach'd all occasions ; the sacraments were administred with som reverence , their churches were kept neat and comly ; but this nasty race of miscreants have nothing at all of sweetnesse , of piety and devotion in them ; 't is all turn'd to a fatuous kind of zeal after more learning , as if christianity had no sobriety , consistence or end of knowledg at all : these silly things , to imitat the apostles time , wold have the same form of discipline to govern whole nations , as it did a chamberfull of men in the infancy of the church , they wold make the same coat serve our savious at . yeers , which fitted him at three : 't is incredible how many ugly sorts of heresies they daily hatch , but they are most of them old ones newly furbish'd ; they all relate to aerius , a perfect hater of bishops , because he could not be one himself . the two sectaries which sway most , are the presbyterians and independents , the presbyterian is a spawn of a puritan , and the independent a spawn of the presbyterian : there 's but one hop 'twixt the first and a iew , and but half a hop 'twixt the other and an infidell ; they are both opposit to monarchy and hierarchy ; and the latter wold have no government at all , but a parity and promiscuous confusion , a race of creatures fit only to inhabit hell : and one of the fruits of this blessed parlement , and of these two sectaries is , that they have made more jewes and athiests then i think there is in all europe besides ; but truly , my lord , i think the judgments of heaven were never so visible in any part of the earth , as they are now here , for there is rebell against rebell , house against house , cittie against army , parlement against scot , but these two sectaries , i mean the presbyterian and independent who were the fire-brands that put this poor iland first in a flame , are now in most deadly feud one against the other , though they both concur in this to destroy government : and if the king had time enough to look only upon them , they would quickly hang , draw , and destroy one another . but indeed all christian princes shold observe the motions and successes of these two unlucky incendiaries , for if they shold ligue together again , ( as they have often plaid fast and loose one with another ) and prevail here , this iland wold not terminat their designs , they wold puzzle all the world besides . their preachmen ordinarily cry out in the pulpit , ther is a great work to be done upon earth , for the reforming all mankind , and they are appointed by heaven to be the chief instruments of bringing it about ▪ they have already bin so busie abroad , that ( with vast sommes of money ) they brought the swed upon the dane , and the very savages upon the english cavaliers in virginia ; and could they confederat with turk , or tartar , or hell it self against them , they wold do it : they are monstrously puff'd up with pride , that they stick not to call themselfs conquerors , and one of the chief ringleaders of them , an ignorant home bred kind of brewer , was not ashamed to vant it publiquely in the commons house , that if he had but . men , he wold undertake to march to constantinople , and pull the ottoman emperour out of the seralio . touching the other grand idoll the parlement , 't is true that the primitive constitution of parlement in this iland was a wholesom piece of policy , because it kept a good correspondence , and clos'd all ruptures 'twixt the king and his peeple , but this thing they call parlement now , may rather be term'd a cantle of one , or indeed a conventicle of schismatiques , rather than a great counsell ; 't is like a kind of headless monster , or som estropiated carkas ; for ther is neither king nor prelat , nor scarce the seventh part of peers and commons , no not the twelfth part fairly elected ; nevertheless they draw the peeple , specially this city , like so many stupid animalls , to adore them . yet though this institution of parlement be a wholsom thing in it self , there is in my judgment a great incongruity in one particular ; and i believe it hath bin the cause of most distempers ; it is , that the burgesses are more in number than the knights of the shires ; for the knights of the shires are commonly gentlemen well born , and bred , and vers'd in the laws of the land , as well as forren governments , ( divers of them ) but the burgesses of towns are commonly tradesmen , and being bred in corporations they are most of them inclining to puritanism , and consequently to popular government ; these burgesses exceeding the knights in number , carry all before them by plurality of voices , and so puzzle all : and now that ▪ i have mentioned corporations , i must tell your lordship , that the greatest soloecism in the policy of this kingdom , is the number of them ; especially this monstrous city , which is compos'd of nothing els but of corporations ; and the greatest errors that this king , specially his father , committed , was to suffer this town to spread her wings so wide ▪ for she bears no proportion with the bignes of the iland , but may fit a kingdom thrice as spacious ; she engrosseth and dreins all the wealth and strength of the kingdom ; so that i cannot compare england more properly than to one of our cremona geese , where the custom is to fatten only the heart , but in doing so the whole body growes lank . to draw to a conclusion , this nation is in a most sad and desperat condition , that they deserve to be pittied , and preserved from sinking , and having cast the present state of things and all interests into an equal balance , i find , my lord , ther be three ways to do it , one good , and two bad . . the first of the bad ones is the sword ▪ which is one of the scourges of heaven , especially the civill sword . . the second bad one is the treaty , which they now offer the king in that small island wher he hath bin kept captif so long , ( 〈◊〉 which quality the world will account him still while he is detain'd there ) and by tha●… treaty to bind him as fast as they can , an●… not trust him at all . . the good way is , in a free confiding brave way ( englishmen-like ) to send for their king to london , where city and country shold petition him to summon a new and free full parlement , which he may do as justly as ever he did thing in his life , these men having infring'd as well all the essentiall priviledges of parlement , as every puntillio of it , for they have often risen up in a confusion without adjournment , they had two speakers at once , they have most perjuriously and beyond all imagination betrayed the trust both king and country repos'd in them , subverted the very sundamentals of all law , and plung'd the whole kingdom in this bottomless gulf of calamities : another parlement may haply do som good to this languishing island , and cure her convulsions , but for these men that arrogat to themselfs the name of parlement ( by a local puntillio only because they never stir'd from the place where they have bin kept together by meer force ) i find them by their actions to be so pervers , so irrational and refractory , so far given over to a reprobat sense , so fraught with rancor , with an irreconcileable malice and thirst of bloud , that england may well despaire to be heal'd by such phlebotomists , or quack-salvers ; be sides they are so full of scruples , apprehensions , and jealousies proceeding from blac●… guilty souls , and gawl'd consciences , that they will do nothing but chop logic with their king , and spin out time to continue their power , and evade punishment , which they think is unavoidable if ther shold be a free-parlement . touching the king he comports himself with an admired temper'd equanimity , he invades and o're-masters them more and more in all his answers by strength of reson , though he have no soul breathing to consult withall , but his own genius : he gains wonderfully upon the hearts and opinion of his peeple , and as the sun useth to appear bigger in winter , and at his declension in regard of the interposition of certain meteors 'twixt the eye of the beholder and the object , so this king being thus o're-clouded and declined , shines far more glorious in the eyes of his people ; and certainly these high morall vertues of constancy , courage and wisdom come from above ; and no wonder , for kings as they are elevated above all other peeple and stand upon higher ground , they sooner receive the inspirations of heaven ; nor doth he only by strength of reason out 〈◊〉 them , but he wooes them by gentlenesse and mansuetude ; as the gentleman of paris who having an ape in his house that had taken his only child out of the cradle , and dragged him up to the ridge of the house , the parent with ruthful he art charmed the ape by fair words and other bland●…ments to bring him softly down , which he did ; england may be said to be now just upon such a precipice , ready to have her braines dash'd out , and i hope these men will not be worse natur'd then that brute animal , but will save her . thus have i given your eminence a rough account of the state of this poor and pittifully deluded peeple , which i will perfect when i shall come to your presence , which i hope will be before this autumnal equinox ; i thought to have sojourn'd here longer , but that i am grown weary of the clime , for i fear there 's the other two scourges of heaven that menace this island , i mean the famin and pestilence , especially this city , for their prophanness , rebellion , and sacriledge ▪ it hath bin a talk a great while whether anti-christ be come to the world or no , i am sure anti-iesus , which is worse , is among this people , for they hold all veneration , though voluntary proceeding from the inward motions of a sweet devoted soul , and causing an outward genuflection , to be superstitious , insomuch that one of the synodical saints here printed and published a book entitling it against iesu worship . so in the profoundest posture of reverence i kisse your vest , as being , london this , of august , . my lord , your eminences most humbly devoted , i. h. a nocturnal progres , or a perambulation of most countreys in christendom , perform'd in one night by strength of the imagination ; which progresse terminats in these north-west iles , and declares the woful confusions they are involv'd at present . the progress of the soul by an usuall dream . it was in the dead of a long winter night , when no eyes were open but watchmens and centinels , that i was fallen soundly asleep , the cinq-out-ports were shut up closer then usually , for my senses were so trebly lock'd , that the moon , had she descended from her watry orb , might have done much more to me then she did to endymion when he lay snoaring upon the brow of latmus hill ; nay , ( be it spoken without prophanenesse ) if a rib had bin taken out of me that night , to have made a new mo●… of a woman , i shold hardly have felt it . yet , though the cousin german of death had so strongly seiz'd thus upon the exterior parts of this poor tabernacle of flesh , my inward parts were never more actif , and fuller of employments then they were that night . pictus imaginibus , formisque fugacib●… adstat morpheus , & variis fingit nova vultibus ora . methought my soul made a sally abroad into the world , and fetch'd a vast compas ; she seem'd to soar up and slice the air to cross seas , to clammer up huge hills , and never rested till she had arriv'd at the antipodes : now som of the most judicious geometricians and chorographers hold that the whole mass of the earth being round like the rest of her fellow elements , ther be places , and poizing parts of the continent , ther be peninsulas , promontories and ilands upon the other face of the earth that correspond and concenter with all those regions and iles that are upon this superficies which we read , countries that symbolize with them in qualities , in temperature of air and clime , as well as in nature of soil ; the inhabitants also of those places which are so perpendicularly opposit , do sympathize one with another in disposition , complexions and humors , though the astronomers wold have their east to be our west , and so all things vice versa in point of position , which division of the heaven is onely mans institution . but to give an account of the strange progresse my soul made that night ; the first country she lighted on was a very low flat country , and it was such an odde amphibious country , being so indented up and down with rivers and arms of the sea , that i made a question whether i shold call it water or land ; yet though the sea be invited and usher'd in into som places , he is churlistly pen'd out in som other , so that though he foam and swell , and appear as high walls hard-by , yet they keep him out , maugre all his roaring and swelling . as i wandred up and down in this watry region , i might behold from a streight long dike wheron i stood , a strange kind of forrest , for the trees mov'd up and down ; they look'd afar off as if they had bin blasted by thunder ; for they had no leafs at all ; but making a nearer approach unto them , i found they were a nomberlesse company of ship-masts , and before them appear'd a great town ( amsterdam ) incorporated up and down with water ; as i mus'd with my self upon the sight of all this , i concluded , that the inhabitants of that country were notable industrious people , who could give law so to the angry ocean , and occupie those places where the great leviathan shold tumble and take his pastime in ; as my thought ran thus , i met with a man , whom i conjectur'd to be 'twixt a marchant and a mariner , his salutation was so homely ; the air also was so foggy , that methought it stuck like cobwebs in his mustachos ; and he was so dull in point of motion , as if the bloud in his veines had bin half frozen : i began to mingle words with him , and to expostulat somthing about that country and people ; and then i found a great deal of down-right civilities in him : he told me that they were the only men who did miracles of late years ; those innumerable piles of stones you see before you in such comly neat frabriques , is a place ( said he ) that from a fish - market in effect is come to be one of the greatest marts in this part of the world , which hath made her swel thrice bigger the●… she was . years ago ; and as you behold this floating forrest of masts before her mole , so if you could see the foundations of her houses , you shold see another great forrest , being rear'd from under-ground upon fair piles of timber , which if they chance to sink in this marshy soil , we have an art to scrue them up again . we have for . years and above without any intermission , except a short-liv'd truce that once was made , wrastled with one of the greatest potentates upon earth , and born up stoutly against him , gramercy our two next neighbour kings , and their reason of state , with the advantage of our situation . we have fought our selfs into a free-state , and now quite out of that ancient allegeance we ow'd him ; and though we pay twenty times more in taxes of all sorts then we did to him , yet we are contented : we have turn'd war into a trade , and that which useth to beggar others , hath benefited us : besides , we have bin and are still the rendevous of most discontented subjects , when by the motions of unquiet consciences in points of religion , or by the fury of the sword , they are forc'd to quit their own countreys , who bring their arts of manufacture , and moveables , hither ; insomuch that our lombards are full of their goods , and our banks superabound with their gold and silver which they bring hither in specie . to secure our selfs , and cut the enemy more work , and to engage our confederats in a war with him , we have kindled fires in every corner , and now that they are together by the eares , we have bin content lately , being long woo'd thereunto , to make a peace with that king to whom we once acknowledged vassalage ; which king out of a height of spirit , hath spent . times more upon us for our reduction , then all our country is worth ; but now he hath bin well contented to renounce and abjure all claimes and rights of soverainity over us ; in so much , that being now without an enemy , we hope in a short time to be masters of all the comerce in this part of the world , and to eat our neighbours out of trade in their own commodities : we fear nothing but that exces of wealth , and a surfet of ease may make us careles and breed quarrells among our selfs , and that our generall , being married to a great kings daughter may — . here he suddenly broke the threed of his discourse , and got hastily away , being haul'd by a ship that was sailing hard by ▪ hereupon my soul took wing again , and cut her way through that foggy condens'd aire , till she lighted on a fair spacious , cleare continent , a generous and rich soile mantled up and downe with large woods , where , as i rang'd to and fro , i might see divers faire houses , townes , palaces and castles , looking like so many carkases , for no humane soul appear'd in them ; methought i felt my he art melting within me in a soft resentment of the case of so gallant a countrey , and as i stood at amaze , and in a kind of astonishment , a goodly personage makes towards me , whom both for his comportment , and countenance , i perceiv'd to be of a finer mould then that companion i had met withall before : by the trace of his looks i guessed he might be som nobleman that had bin ruin'd by som disaster : having acosted him with a fitting distance , he began in a masculin strong winded language full of aspirations and tough collision of consonants , to tell me as followeth : sir , i find you are a stranger in this countrey , because you stand so agast at the devastations of such a fair piece of the continent , then know sir , because i beleeve you are curious to carry away with you the causes thereof , that these ruthfull objects which you behold , are the effects of a long lingring war , and of the fury of the sword , a cruentous civill war that hath rag'd here above thirty yeares : one of the grounds of it was the infortunate undertaking of a prince , who liv'd not far off in an affluence of all earthly felicity ; he had the greatest lady to his wife , the bes●… purse of money , the fairest stable of horse ▪ and choicest library of books of any other of his neighbour princes . but being by desperat and aspiring counsells put upon a kingdom , while he was catching at the shadow of a crown , he lost the substance of all his own ancient possessions : by the many powerfull alliances he had ( which was the cause he was pitched upon ) the fewd continued long ; for among others a northern king took advantage to rush in , who did a world of mischiefs , but in a few yeers that king and hee found their graves in their own ruins neer upon the same time ; but now , may heaven have due thanks for it , there is a peace concluded , a peace which hath bin . long yeers a moulding , and will i hope , be shortly put in execution ; yet 't is with this fatall disadvantage , that the said northern people , besides a masse of ready money we are to give them , are to have firme footing , and a warm nest ever in this countrey hereafter , so that i fear we shall hear from them too often : upon these words this noble personage fetch'd a deep sigh , but in such a generous manner that he seem'd to break and check it before it came halfe forth . thence my soul taking her flight o're divers huge and horrid cacuminous mountaines ( the alpes ) at last i found my self in a great populous town ( naples ) but her buildings were miserably battered up and down , she had a world of palaces , castles , convents and goodly churches : as i stepped out of curiosity into one of them , upon the west side there was a huge grate , where a creature all in white beckned at me , making my approach to the grate , i found her to be a nun , a lovely creature she was , for i could not distinguish which was whiter , her hue or her habit , which made me remember ( though in a dream my self ) that saying , if dreams and wishes had been tru , there had not been found a tru maid to make a nun of , ever since a cloyster'd life began first among women ; i asked her the reason how so many ugly devastations shold befall so beautifull a city , she in a dolorous gentle tone , and ruthfull accents , the teares trickling down her cheeks like so many pearles , ( such pearly teares that wold have dissolv'd a diamond ) sobb'd out unto me this speech : gentle sir , 't is far beyond any expressions of mine , and indeed beyond humane imagination to conceive the late calamities which have befallen this faire though infortunat city , a pernicious popular rebellion broke out here upon a sudden into most horrid barbarismes , a fate that hangs over most rich popular places that swim in luxe and plenty ; but touching the grounds thereof , one may say that rebellion entred into this city , as sin first entred into the world by an apple : for our king now in his great extremities having almost halfe the world banding against him ; and putting but a small tax upon a basket of fruit to last only for a time , this fruit-tax did put the peeples teeth so on edge , that it made them gnash against the government , and rush into armes ; but they are sensible now of their own follies , for i think never any place suffered more in so short a time : the civill combustions abroad in other kingdomes may be said to be but small squibs compar'd to those horrid flakes of fire which have rag'd here , and much adoe we had to keep our vest all fire free from the fury of it : in lesse then the revolution of a yeer it consum'd above fourscore thousand soules within the walls of this city ; but 't is not the first time of forty , that this luxurious foolish peeple hath smarted for their insurrections and insolencies , and that this mad horse hath o'rethrown his rider , and drawn a worse upon his back ; who instead of a saddle , put a pack-saddle and panniers upon him : but indeed the voluptuousnesse of this peeple was grown ripe for the judgement of heaven . she was then beginning to expostulat with me about the state of my country , and i had a mighty mind to satisfie her , for i could have corresponded with her in the re●…ation of as strange things , but the lady a●…adesse calling her away , she departed in an ●…nstant , obedience seem'd to be ther so precise and punctual . i steer'd my course thence through a most delicious country to another city that lay in the very bosom of the sea , ( venice ) she was at first nothing els but a kind of posie made up of dainty green hillocks , tied together by above . bridges , and so coagulated into a curious city ; though she be espous'd to neptune very solemnly once evry ●…eer , yet she still reserves her maydenhead , ●…ad bears the title of the virgin city in that part of the world ; but i found her tugging mainly with a huge giant that wold ravish her ; he hath shrewdly set on her skirts , and a great shame it is , that she is not now assisted by her neighbours , and that they shold be together by the ears when they shold do so necessary a work , considering how that great giant is their common enemy ; and hath lately vow'd seven yeers wars against her ; specially considering , that if he comes once to ravish her , he will quickly ruin her said neighbours , she ( to her high honor be it spoken ) being their only rampart against the incursion of the said giant , and by consequence their greatest security . from this maiden city , mee thought , i was in a trice carried over a long gulf , and so through a midland sea , into another kingdom , ( spain ) where i felt the clime hotter by some degrees ; a rough-hew'n soile , for the most part , it was full of craggy barren hills ; but where there were valleys and water enough , the country was extraordinarily fruitful , whereby nature ( it seems ) made her a compensation for the sterility of the rest . yet notwithstanding the hardship of the soyl , i found her full of abbeys , monasteries , hermitages , convents , churches , and other places of devotion ; as i rov'd there a while , i encountred a grave man in a long black cloak , by the fashion whereof , and by the brimms of his hat , i perceived him to be a iesuit ; i clos'd with him , and question'd him about that country : he told me the king of that country was the greatest potentat of that part of the world ; and , to draw power to a greater unity , they of our order could be well contented , that he were universall head over temporalls , because 't is most probable to be effected by him , as we have already one universall head over spiritualls : this is the monark of the mines , i mean of gold and silver , who furnishes all the world , but most of all his own enemies with mony , which mony foments all the wars in this part of the world : never did any earthly monark thrive so much in so short a tract of time , but of late yeers he hath been ill-favouredly shaken by the revolt and utter defection of two sorts of subjects , who are now in actual arms against him on both sides of him at his own doors . ther hath bin also a long deadly feud 'twixt the next tramontan kingdom ( france ) and him , though the q. that rules there be his own sister , an unnaturall odious thing : but it seems god almighty hath a quarrel of late yeers with all earthly potentats ; for in so short a time ther never happen'd such strange shocks and revolutions : the great emperour of ethiopia hath bin outed , he and all his children by a petty companion : the king of china , a greater emperour than he , hath lost almost all that huge monarchy by the incursion of the tartar , who broke ore the wall upon him : the grand turk hath bin strangled , with . of his concubines ; the emperour of muscovy hath bin content to beg his life of his own vassals , and to see before his face divers of his chief officers hack'd to pieces , and their heads cut off and steep'd in strong water , to make them burn more bright in the market place . besides the above mentioned , this king hath also divers enemies more , yet he bears up against them all indifferently well , though with infinit expence of treasure , and the church , specially our society , hath stuck close unto him in these his exigents : whence may be inferr'd , that let men repine as long as they will at the possessions of the church , they are the best anchors to a state in a storm , and in time of need to preserve it from sinking ; besides , acts of charity wold be quite lost among men , did not the wealth of the church keep life in them : hereupon drawing a huge pair of beads from under his cloak , he began to ask me of my religion ; i told him i had a long journy to go , so that i could not stay to wait on him longer ; so we parted , and me thought i was very glad to be rid of him so well . my soul then made another flight over an assembly of hideous high hills , ( pyreneys ) and lighted under another clime , on a rich and copious country ( france ) resembling the form of a lozenge , but me thought , i never saw so many poor peeple in my life ; i encountred a pesan , and asked him what the reason was , that ther shold be so much poverly in a country wher ther was so much plenty : sir , they keep the commonalty poor in pure policy here , for being a peeple , as the world observes us to be , that are more humerous than others , and that love variety and change , if we were suffered to be pamper'd with wealth , we wold ever and anon rise up in tumults , and so this kingdom shold never be quiet , but subject to intestine broils , and so to the hazard of any invasion : but ther was of late a devillish cardinal , whose humour being as sanguin as his habit , and working upon the weaknes of his master , hath made us not only poor , but stark beggars , and we are like to continue so by an eternal war , wherein he hath plung'd this poor kingdom , which war must be maintained with our very vital spirits : but as dejected and indigent as we are , yet upon the death of that ambitious cardinal , we had risen up against this , who hath the vogue now , ( with whom he hath left his principles ) had not the fearful example of our next transmarin western neighbours ( the english ) and the knowledg we have of a worse kind of slavery , of those endles arbitrary taxes , and horrid confusions they have fool'd themselfs lately into , utterly deterr'd us , though we have twenty times more reason to rise then ever they had : yet our great city ( paris ) hath shew'd her teeth , and gnash'd them ill-favouredly of late , but we find she hath drawn water only for her own mill , we fare little the better , yet we hope it will conduce to peace , which hath bin so long in agitation . i cannot remember how i parted with that peasan , but in an instant i was landed upon a large island , and methought , 't was the temperat'st region i had bin in all the while ( england ; ) the heat of the sun ther is as harmless as his light , the evening serene●… are as wholsom ther as the morning dew ; the dog-daies as innocuous as any of the two equinoxes . as i rang'd to and fro that fair island , i spyed a huge city ( london ) whose length did far exceed her latitude , but ne●…ther for length or latitude did she seem to bear any politicall proportion with that island : she look'd , methought , like the iesuits hat whom i had met withall before , whose brimms were bigger then the crown , or like a peticoat , whose fringe was longer then the body . as i did cast my eyes upwards , methought i discern'd a strange inscription in the aire which hung just over the midst of that city written in such huge visible characters , that any one might have read it , which was this : woe be to the bloudy city . hereupon a reverend bishop presented himself to my view , his gray haires , and grave aspect struck in me an extraordinary reverence of him : so performing those complements which were fitting , i asked him of the condition of the place , he in a submiss sad tone , with clouds of melancholy waving up and down his looks , told me ; sir this island was reputed few years since to have bin in the completest condition of happiness of any part on earth , insomuch that she was repin'd a●… for her prosperity and peace by all her neighbours who were plung'd in war round about her , but now she is fallen into as deep a gulf of misery , and servitude , as she was in a height of felicity & freedom before : touching the grounds of this change , i cannot impute it to any other then to a surfet of happiness ; now , there is no surfet so dangerous as that of happinesse : ther are such horrid divisions here , that if they were a foot in hell , they were able to destroy the kingdom of satan : truly sir , ther are crep'd in more opinions among us about matters or religion , then the pagans had of old of the summum bonum , which varro saith were . the understandings of poor men were never so puzzled and distracted ; a great while there were two opposit powers ( king and parlement ) who swayed here in a kind of equality that peeple knew not whom to obey , many thousands complyed with both , as the men of calecut who adore god and the devil , tantum squantum , as it is in the indian language ) they adore the one for love , the other for fear : ther is a monstrous kind of wild liberty here that ever was upon earth ; that which was complained of as a stalking horse to draw on our miseries at first , is now only in practice , which is meer arbitrary rule ; for now both law , religion and allegiance are here arbitrary : touching the last , 't is quite lost , 't is permitted that any may prate , preach or print what they will in derogation of their annointed king : which word king was once a monosyllable of som weight in this i le , but 't is as little regarded now as the word pope ( among som ) which was also a mighty monosyllable once among us : the rule of the law is , that the king can do no wrong , ther is a contrary rule now crept in , that the king can receive no wrong ; and truly sir , 't is a great judgement both upon prince and peeple ; upon the one , that the love of so many of his vassals shold be so alienated from him ; upon the other , that their hearts shold be so poyson'd , and certainly 't is the effect of an ill spirit ; both the one and the other in all probability tend to the ruine of this kingdom . but now sir , ( because i see you are so attentive , and seem to be much mov'd at this discourse ) as i have discover'd unto you the general cause of our calamities , which was not only a satiety but a surfet of happinesse , so i will descend now to a particular cause of them ; it was a northern nation ( scot ) that brought these cataracts of mischiefs upon us ; and you know the old saying , out of the north all ill comes forth . far be it from me to charge the whole nation herewith ; no , but onely som pernicious instruments that had insinuated themselfs , and incorporated among us , and sway'd both in our court and counsels : they had a hand in every monopoly ; they had out of our exchequer , and customs near upon . crowns in yearly pensions , viis & modis ; yet they could not be content , but they must puzzle the peace and policy of this church and state : and though they are a peeple of a differing genius , differing laws , customs , and manners unto us , yet for matter of conscience they wold bring our necks into their yoak , as if they had a greater talent of reason , and clearer illuminations , as if they understood scripture better , and were better acquainted with god almighty then we , who brought them first from paganisme to christianity , and also to be reformed christians : but it seems , matters have little thriven with them ; nay the visible hand of heaven hath bin heavily upon them divers waies since they did lift their hands against their native king ; for notwithstanding the vast summs they had hence , yet is the generality of them as beggarly as ever they were ; besides , the civil sword hath rag'd ther as furiously as here , and did as much execution among them . moreover the pestilence hath bin more violent , and sweeping in their chief town ( edenburgh ) then ever it was since they were a peeple . and now lately ther 's the notablest dishonour befaln them that possibly could light upon a nation , in that . of ours shold upon even ground encounter , kill , slay , rout and utterly discomfit thrice as many of theirs , though as well appointed and arm'd as men could be : and truly sir , the advantages that accrue to this nation are not a few by that exploit ; for of late years that nation was cryed up abroad to be a more martial peeple then we , and to have baffled us in open field in divers traverses : besides , i hope a small matter will pay now their arrerages here , and elsewhere ; but principally , i hope they will not be so busie hereafter in our court and counsel , as they have bin formerly . another cause of our calamity is a strange race of peeple ( the puritans ) sprung up among our selfs , who were confederat with those of the north ; they wold make gods house cleane , and by putting out the candle of all ancient learning and knowledge , they would sweep it only by the light of an ignis fatuus : but 't is visibly found that they have brought much more rubbage into it , and wheras in reforming this house , they shold rather find out the groat that is lost , they go about to take away the mite that 's left , and so put christs spouse to live on meer almes : true it is , there is a kind of zeal that burns in them , ( and i could wish there were so much piety ) but this zeal burns with too much violence and presumption , which is no good symptom of spirituall health , it being a rule , that as the naturall heat , so the spirituall shold be moderat , els it commonly turns to a frenzy , and that is the thing which causeth such a giddinesse and distraction in their braines ; this ( proceeding from the suggestions of an ill spirit ) puffs them up with so much spirituall pride ; for the devill is so cunning a wrastler , that he oftentimes lifts men up to give them the greater fall : they think they have an inerring spirit , and that their diall must needs go tru , howsoever the sun goes : they wold make the gospell , as the caddies make the alchoran , to decide all civill temporall matters under the large notion of slander , whereof they forsooth to be the judges , and so in time to hook in all things to their classis : i believe if these men were dissected when they are dead , they would be a great deale of quicksilver found in their braines . proh superi , quantum mortalia pectora coecae noctis habent ! — but i could pitty the giddinesse of their braines , had they not so much gaul in their breasts , were they not so thirsting after blood , so full of poison and irreconcileable malice ; in so much that it may be very well thought , these men are a kin to that race which sprung out of the serpents teeth : these are they which have seduced our great counsell , and led this foolish city by the nose to begin and foment this ugly war , insomuch that if those numberless bodies which have perish'd in these commotions , were cast into her streets , and before her doores , many thousand citizens noses would bleed of pure guilt . not to hold you long , these are the men who have baffled common sence , blasted the beams of nature , and offered violence to reason it self ; these are they who have infatuated most of the peeple of this iland ; so that whereas in times past , som call'd her the i le of angels , she may be term'd now the i le of gulls , or more properly the i le of doggs , or rather indeed ●…he i le of wolfs , there is such a true lycanthrepy com in among us : i am loth to call her the iland of devills , though she hath bin branded so abroad . to conclude sir , the glory of this isle is quite blasted ; 't is tru they speak of peace , but while the king speakes to them of it , they make themselves ready for battle ; i much fear , that ixion-like we imbrace a cloud for peace , out of which there will issue out centaures , and monsters , as sprung out of that cloud . touching that ancient'st holy order whereof you see me to be ; i well hoped , that in regard they pretended to reforme things only , they wold not have quite extirpated , but regulated only this order : it had bin enough to brayle our wings , not to have ●…ear'd them : to have lopp'd and prun'd , not to have destroyed root and branch of that ancient tree which was planted by the hands of the apostles themselfs : in fine sir , we are a lost peeple , 't is no other dedalus , but the high deity of heaven can clue us out of this labyrinth of confusions , can extricat us out of this maze of miseries : the philosopher saith , 't is impossible for man to quadrat a circle ; so 't is not in the power of man , but of god alone , to make a loyall subject of a round head : among other things that strangers report of this iland , they say that winter here hath too many teares in his eyes : helas sir , 't is impossible he shold have too many now , to bewaile the lamentable base slavery , that a free-born peeple is com to : and though they are grown so tame as to kisse the rod that whips them , yet their taskmasters will not throw it into the fire . truly sir , as my tongue is too feeble to expresse our miseries , so the plummet of the best understanding is too short to fadom the depth of them . with this , the grave venerable bishop giving me his benediction , fetcht such a sigh , that would have rended a rock asunder ; and suddenly vanish'd ( methought ) out out of my sight up towards heaven . i presently after awoke about the dawnings of the day , when one could hardly discern dog from wolf ; and my soul , my arimula vagula blandula , being re-entred through the horn gate of sleep into her former mansion , half tyr'd after so long a peregrination ; and having rub'd my eyes , distended my limms , and return'd to a full expergefaction , i began to call my self to account touching those world of objects my fancy had represented unto me that night ; and when by way of reminiscence i fel to examin●… and ruminate upon them ; lord , what a masse of ideas ran in my head ! but when i call'd to mind the last countrey my soul wandred in , methought i felt my heart like a lump of lead within me , when i considered how pat every circumstance might be applyed to the present condition of england : i was meditating with my self what kind of dream this might be ; wherupon i thought upon the common division that philosophers make of dreams , that they are either divine , diabolicall , naturall , or humane . for the first , they are visions more properly or revelations , wherof ther are divers examples in the holy oracles of god , but the puddled cranies of my brain are not rooms clean enough to entertain such : touching the second kind , which come by the impulses of the devil , i have heard of divers of them , as when one did rise up out of his sleep , and fetcht a poyniard to stab his bed-fellow , which he had done , had he not bin awake ; another went to the next chamber abed to his mother , and wold have ravish'd her ; but i thank god this dream of mine was not of that kind . touching the third species of dreams ; which are naturall dreams , they are according to the humor which predominats ; if melancholy sway , we dream of black darksom devious places ; if phlegm , of waters ; if choler , of frayes , fightings , and troubles ; if sanguin predominat , we dream of green fields , gardens , and other pleasant representations ; and the physitian comes often to know the quality of a disease by the nocturnal objects of the patients fancy . humane dreams the last sort relate to the actions of the day past , or of the day following , and som representations are clear and even ; others are amphibious , mongrell , distorted and squalid objects , ( according to the species of trees over troubled waters : ) and the object is clear or otherwise , accorning to the tenuity or grossenesse of the vapors which ascend from the ventricle up to the brain . touching my dream , i think it was of this last kind ; for i was discoursing of , and condoling the sad distempers of our times the day before : i pray god som part of it prove not propheticall ; for , although the frenchman sayeth , songes sont mensonges , dreames are delusions , and that they turn to contraries , yet the spaniard hath a saying , et ciego sonnava que via yera lo que querria . the blind man dreamt he did see light , the thing he wish'd for happen'd right . insomuch that some dreams oftentimes prove tru ; as s. austin makes mention of a rich merchant in milan , who being dead , one of his creditors comes to his son to demand such a sum of money which he had lent his father ; the son was confident 't was paid , but not finding the creditors receipt , he was impleaded and like to be cast in the sute , had not his fathers ghost appeared to him , and directed him to the place where the acquittance was , which he found the next day accordingly . galen speaks of one that dreamt he had a wooden leg , and the next day he was taken with a dead palsie in one whole side . such a dream was that of william rufus , when he thought he had felt a cold gust passing through his bowels ; and the next day he was slain in the guts , by the glance of an arrow , in new forrest , a place where he and his father had committed so many sacrileges . i have read in artimedorus , of a woman that dreamt she had seen the pictures of three faces in the moone like her self , and she was brought to bed of three daughters a little after , who all died within the compas of a moneth . another dreamt , that xanthus water ran red , and the next day he fell a spitting of blood . to this i will add another fore-telling dream , whereof i have read , which was thus : two young gentlemen being travelling abroad in strange countreyes , and being come to a great towne , the one lay far in the citie , the other in an hostry without the wall in the suburbs : he in the city did dream in the dead of night , that his friend which he had left in the suburbs rush'd into his chamber panting and blowing , being pursued by others ; he dreamt so againe , and the third time he might see his friends ghost appearing at his beds side with bloud trickling down his throat , and a poyniard in his brest , telling him , dear friend , i am come now to take my last farewell of thee , and if thou rise betimes , thou shalt meet me in the way going to be buryed ; the next morning his friend going with his host towards the inn in the suburbs wher he left his friend , they met with a cart laden with dung in the way , which being staid and search'd , the dead body was found naked in the dung . i will conclude with a notable dream that osman the great turk had not many years since , a few days before he was murthered by his janizaries , . he dreamt , that being mounted upon a huge camel , he could not make him go , though he switch'd and spur'd him never so much ; at last the camel overthrew him , and being upon the ground , only the bridle was left in his hand , but the body of the camel was vanished : the mufti not being illuminated enough to interpret this dream , a santon who was a kind of idiot , told him , the camel represented the ottoman empire , which he not being able to govern , he shold be o'rethrown , which two dayes after proved tru . by these , and a cloud of examples more , we may conclude , that dreams are not altogether impertinent , but somthing may be gathered out of them ; though the application and meaning of them be denyed to man , unless by special illumination . somnia venturi sunt praescia saepe diei . by dreams we oft may guesse at the next dayes successe . thus have you a rough account of a rambling noctivagation up and down the world : i may boldly say , that neither sir iohn mandevile , or coryat himself travell'd more in so short a time : whence you see what nimble postillions the animal spirits are ; and with what incredible celerity the imagination can crosse the line , cut the tropiques , and pass to the other hemisphere of the world ; which shews that humane souls have somthing in them of the almighty , that their faculties have a kind of ubiquitary freedom , though the body be never so under restraint , as the authors is . they erre as much who think all dreams false , as they who think them alwayes tru . in the prison of the fleet . idus decembris . i. h. a vindication of his majesty , touching a letter he writ to rome from the court of spain , in answer to a letter which pope gregory the th . had sent him upon passing the dispensation for concluding the match with the i●…fanta . which letter mr. pryn mention's in his book call'd the popish royal favorit , wherby the world is apt to beleeve that his majesty had inclinations to pope●…y . ther goe's also herewith , a clearing of som aspersions that the said mr. pryn cast's upon the author hereof in the same pamphlet , viz. that he was a malignant , and no friend to parlements . wherby , he takes occasion to speak somthing of the first rise , and also of the duty as well as the authority of parlements . to my worthily honor'd friend sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royal favorite ; and according to your advice ( which i value in a high degree ) i did put pen to paper , and somthing you may see i have done ( though in a poor pamphleting way ) to clear my self of those aspersions that seem to be cast upon his majesty ; but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes having bin long since seized upon and kept from me : adde hereunto , that besides this long pressure and languishment of close restraint ( the sense wherof i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sickness , a high burning fever , with the new disease , wherof my body as well as my mind is yet somwhat crazie : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better daies i hope ; for out of this fatal black cloud , which now ore-sets this poor island , i hope ther will break a glorious sun-shine of peace and firm happinesse : to effect which , had i a jury , a grand-jury of lives , i wold sacrifice them all , and triumph in the oblation . so i most affectionately kiss your hands , and rest your faithfull ( though afflicted ) servant , from the prison of the fleet. i. h. the pre-eminence , and duty of parlement . sectio prima . i am a free-born subject of the realm of england ; wherby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim likewise protection from my soverain prince , who as he is my liege lord is obliged to protect me , and i being one of his liege peeple am obliged to obey him by way of reciprocation ; i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction therof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring ; and this i hold also to be a principall part of my birth-right ; which great councell i honour , respect , value , and love in as high a degree as can be , as being the bulwark of our liberties , the main boundary and bank which keeps us from slavery , from the inundations of tyrannicall rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience , to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state with the royal assent , whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiastical , civil , common , capital , criminall , martial , maritime , municipall , or any other ; of all which the transcendent and uncontrollable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian ; for such was the vanity of the greeks , and after them of the romans in the flourish of their monarchy , to arrogat all civility to themselves , and to terme all the world besides barbarians : so i may say to rejoyce , that i was born a vassall to the crown of england ; that i was born under so well-moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his naturall courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisedome of this high court of parlement , wherein there is such a rare co-ordination of power ( though the soveraignty remain still entire , and untransferrable in the person of the prince ) there is such a wholsom mixture 'twixt monarchy , optimacy , and democracy , 'twixt prince , peers , and commonalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity they make but one body politick , ( like that shea●…e of arrows in the emblem ) one entire concentricall peece , the king being still the head , and the results of their deliberations but as so many harmonious diapasons arising from different strings . and what greater immunity and happinesse can there be to a peeple , than to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary erogations whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politick body , there be all degrees of peeple represented ; both the mechanick , tradesman , merchant , and yeoman have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soveraign surintendent councell an epitome of this kingdom only , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parliameut , who compared the beautifull composure of that high court to the great work of god , the world it self : the king is as the sun , the nobles the fixed stars , the itineant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy , to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce some admirable effects in the elementary world ; so when these three states convene and assemble in one solemne great iunta , some notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom our microcosme . he that is never so little versed in the annals of this i le , will find that it hath bin her fate to be four times conquered , i exclude the scot for the scituation of his country , and the quality of the clime hath been such an advantage and security to him , that neither the roman eagles would fly thither for fear of freezing their wings , nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the forme of a monarchy , and something there was always that had an analogy with the great assembly of parlement . the first conquest i find was made by claudius caesar , at which time ( as some well observe ) the roman ensignes , and the standard of christ came in together : it is well known what lawes the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorum , and the laws which they enacted , plebiscita . the saxon conquest succeeded next , which were the english , there being no name in welsh or irish for an english man , but saxon , to this day ; they also governed by parlement , though it were under other names , as michel sinoth , michel gemote , and witenage mote . there are records above a thousand years old of these parlements in the reigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy : the british kings also , who retain'd a great while some part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnesse the famous laws of prince howell , called howell dha , ( the good prince howell ) whereof there are yet extant some british records : parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnesse that renowned parliament held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such generall assemblies , ( as they do to this day ) witnesse that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and other regions years before the compiling of magna charta ; and this the learned in the laws do hold to be one of the specialst , and most authentick peeces of antiquity we have extant . edward the confessor made all his laws thus , ( and he was a great legis-lator , ) which the norman conquerour ( who liking none of his sons , made god almighty his heir by bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodicall systeme , which being violated by rufus , ( who came to such a disastrous end as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king iohn ; whose reign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffes set upon one english stock ; or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out and gathered as it were into one bundle , out of them the foresaid grand charter was extracted ; and the establishment of this great charter was the work of a parliament . nor are the lawes of this island only , and the freedome of the subject conserved by parlement , but all the best policed countries of europe have the like . the germanes have their diets , the danes and swedes their rijcks dachs ; the spaniard calls his parlement las cortes ; and the french have , ( or should have at least ) their assembly of three states , though it be growne now in a manner obsolete , because the authority thereof was ( by accident ) devolv'd to the king. and very remarkable it is , how this happened ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans and driven their then king charles the seventh , to bourges in berry the assembly of the three states in these pressures , being not able to meet after the usuall manner in full parlement because the countrey was unpassable , the enemy having made such firme invasions up and down through the very bowels of the kingdom ; that power which formerly was inhaerent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continueth many years , that entrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervaile acts of parlement . and that which made the businesse more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many years before , in that notable rebellion , call'd la jaquerie de beauvoisin , which was suppressed by charles the wise , the common people put themselves boldly in arms against the nobility and gentry , to lessen their power . adde hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though therby he brought the poor peasans to be worse than lacquays , and they may thank themselfs for it . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will ; so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this peeling of the peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownesse of 〈◊〉 ) that he is little usefull for the war : which put 's the french king to make other nations mercenary to him , to fill up his infantery : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all it's bloud drawn up into the arms , breast and back , and scarce any le●…t from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example than this of our next neighbours , to prove how infinitly necessary the parlement is to assert , to prop up and preserve the publick liberty , and national rights of a peeple , with the incolumity and well-fare of a countrey . nor doth the subject only reap benefit thus by parlement , but the prince , ( if it be well consider'd ) hath equal advantage therby ; it rendreth him a king of free and able men , which is far more glorious than to be a king of cowards , beggars , and bankrupts ; men that by their freedom , and competency of wealth , are kept still in heart to do him service against any forrain force . and it is a tru maxime in all states , that 't is lesse danger and dishonour for the prince to be poor , than his people : rich subjects can make their king rich when they please , if he gain their hearts , he will quickly get their purses . parlement encreaseth love and good intelligence 'twixt him and his peeple , it acquaints him with the reality of things , and with the tru state and diseases of his kingdom , it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royal issue , pays his debts , finds means to fill his coffers : and it is no ill observation , that parlementmoneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in fear , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in summe , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations : for whosoever is entrusted to be a member of this high court , carryeth with him a double capacity ; he sits ther as a patriot , and as a subject : as he is the one , the country is his object , his duty being to vindicat the publick liberty , to make wholsom lawes , to put his hand to the pump , and stop the leaks of the great vessel of the state , to pry into , and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits ther also as a subject , and according to that capacity , he must apply himself to do his soveraignt businesse , to provide not only for his publick , but his personall wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royal issue , or maintenance of any of them abroad ; to enable him to vindicat any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom , or intestin rebellion ; to consult what may enlarge his honour , contentment , and pleasure . and as the french tacitus ( comines ) hath ●…t , the english nation was used to be more ●…orward and zealous in this particular than ●…ny other ; according that to ancient eloquent speech of a great lawyer , domus regis vigi●…a defendit omnium , otium illius labor omni●…m , deliciae illius industria omnium , vacatio ●…lius occupatio omnium , salus illius periculum ●…nium , honor illius objectum omnium . eve●… one shold stand centinell to defend the kings house , his safety shold be the danger of 〈◊〉 , his pleasures the industry of all , his ease ●…old be the labour of all , his honour the ob●…ct of all . out of these premisses this conclusion ●…ay be easily deduced , that , the principall ●…ntain whence the king derives his happiness and safety , is his parlement ; it is that great conduit-pipe which conveighes unto him his peoples bounty and gratitude ; the truest looking-glasse wherin he discernes their loves ; ( now the subjects love hath been always accounted the prime cittadell of a prince . ) in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tells us . therfore whosoever is averse or disaffected to his soveraign law-making court ▪ cannot have his heart well planted within him , he can be neither good subject , no●… good patriot , and therfore unworthy to breath english aire , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath bin spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordiall affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution , ( and done by the highest and happiest reach of policy that ever was established in this island ) to perpetuate the happinesse therof . therfore i must tell that gentleman , who was author of a book entituled the popish royal favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparent wrong , to term me therin , no friend to parlement , and a malignant ▪ a character , which as i deserve it not , so i disdain it . for the first part of his charge , i wold have him know , that i am as much a friend and as reall an affectionat humble servant and votary to the parlement as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while , or if i may take the boldnesse to apply that comparison his late majesty used in a famous speech to one of his parlements , i could wish ther were a chrystal window in my breast , through which the world might espye the inward motions and palpitations of my heart , then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me much against my will ; but it is no malignity of mind , it is amongst the humors , not in my intellectuals ; and i believe , ther is no naturall man , let him have his humors never so well ballanced , but hath som of this malignity reigning within him ; for as long as we are composed of the four elements , whence these humors are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innated mutual strise ) as long i say , as the four humors , in imitation of their principles ( the elements ) are in perpetual reluctancy and combate for praedominancy , ther must be som malignity lodg'd within us , as adusted choler , and the like ; wherof i had late experience , in a dangerous fit of sicknesse it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacall effects of melancholy ; having bin so long in this saturnine black condition of close imprisonment , and buryed alive between the walls of this fatal fleet : these kinds of malignities , i confesse are very rife in me , and they are not only incident , but connaturall to every man according to his complexion ; and were it not for this incessant strugling and enmity amongst the humors for mastery , which produceth such malignant effects in us , our souls wold be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of som destructive revenge , he is mightily deceived in me ; i maligne or hate no creature that ever god made but the devill , who is the author of all malignity ; and therfore is most commonly called in french le malin esprit , the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the publick aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his notknowledge of me , than from malice , for we never mingled speech , or saw one another in our lives to my remembrance ; which makes me wonder the more , that a professor of the law , as he is , shold pronounce such a positive sentence against me so slightly . but methinks i over-hear him say , that my precedent discourse of parlement is invol'd in generals , and the topique axiome tells us , that dolus versatur in universalibus , ther is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plurall number parlements ) and consequently , he concludes me a malignant ; therin i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happinesse ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribut any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet , ) i wold esteem it the greatest honor that possibly could befall me , as i hold it now to be my greatest disaster , to have fallen so heavily under an affliction of this nature , and to be made a sacrifice to publick fame , than which there is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity which hath brought me to suck a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more than halfe undone me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the lesse happy ) yet this crosse has carried with it a greater weight , it hath bin of a larger extent , longer continuance , and lighted heavier upon me than any other ; and as i have present patience to beare it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he produceth my attestation for some passages in spaine at his majesties being there , and he quotes me right , which obligeth me to him ; and i hope all his quotations wherein he is so extraordinarily copious and elaborate in all his workes , are so ; yet i must tel him , that those interchangeable letters which pass'd between his majesty & the pope , which were originally couch'd in latin , the language wherin all nations treat with rome , and the empire with all the princes thereof , those letters i say are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he took them in trust . the truth of that businesse is this ; the world knows there was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his majesty , which in regard of the slow affected pace of the spaniard , lasted above ten yeares , as that in henry the sevenths time , 'twixt prince arthur , and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spaine ; which voyage , though there was a great deale of gallantry in it ( wherof all posterity will ring untill it turne at last to a romance ) yet it prov'd the bane of the businesse , which 't is not the errand of so poor a pamphlet as this to unfold . his majesty being there arriv'd , the ignorant common people cried out , the prince of wales came thither to make himself a christian ; the pope writ to the inquisitor generall , and others , to use all industry they could to reduce him to the romane religion ; and one of olivares first complements to him , was , that he doubted not but that his highnesse came thither to change his religion : whereunto he made a short answer , that he came not thither for a religion but for a wife : there were extraordinary processions made , and other artifices us'd by protraction of things , to make him stay ther of purpose till the spring following , to work upon him the better ; and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nunne of carton , hoping that the say'd nunne , who was so much cried up for miracles , might have wrought one upon him ; but her art failed her , nor was his highness so weak a subject to work upon according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands before they went to spaine to attend the prince their master , he wish ed them to have a care of buckinham ; as touching his sonne charles , he apprehended no feare at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moores of holland , the aguish woose of kent and essex , or any other place , be it never so dirty ; though spaine be a hot countrey , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrivall to madrid , the treaty of marriage went on still , ( though he told them at his first comming , that he came not thither like an ambassador to treat of a marriage , but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unlesse some capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ( because his majesty would have as little to do as might be with rome ) pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , whereof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his majesty would not have people whisper , that the businesse was carried in a clandestine manner . and truly besides this , i do not know of any letter , or message , or complement , that ever pass'd twixt his majesty and the pope afore or after ; some addresses peradventure might be made to the cardinalls , to whom the drawing of those matrimoniall dispatches was referred to quicken the work , but this was only by way of civil negotiation . now touching that responsory letter from his majesty , it was no other than a complement in the severest interpretation ; and such formalities passe 'twixt the crown of england , the great turke , the mogor and divers heathen princes . the pope writ first , and no man can deny , but by all morall rules , and in common humane civility his majesty was bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are repaying visits , with the performance of such ceremonies ; and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation , his majesties person was ther engaged , besides , and so it was no time to give the least offence : they that are never so little vers'd in businesse abroad , do know that ther must be addresses , compliances , and formalities of this nature us'd in the carriage of matters of state , as this great businesse was , wheron the eyes of all christendom were so greedily fix'd ; a businesse which was like to bring with it such an universal good , as the restitution of the palatinat , the quenching of those hideous fires in germany , and the establishing of a peace throughout all the christian world. i hope none will take offence , that in this particular which comes within the compasse of my knowledg ( being upon the stage when his scene was acted ) i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these days . touching the vocall forrest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully , ) i understand ther be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand , what i offer with the right , ( nor is it a wonder for trees which ly open , and stand exposed to all weathers to be nipt . ) but i desire this favour , which in common justice , i am sure in the court of chancery cannot be denyed me , it being the priviledge of every author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over criticall censu●…ers of that peece , to know , that as in divinity it is a rule , scriptur a parabolica non est argumentativa , so it is in all other kind of knowledg ; parables ( wherof that discourse is composed ) though pressed never so hard , prove nothing . the●… is another rule also , that parables must be gently used , like a nurses breast ; which if you presse too hard , you shall have bloud in stead of milk . but as the author of the vocall forrest thinks he hath done , neither his countrey , nor the common wealth of learning any prejudice therby ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the publick approbation of som famous universities ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyricall ( which peradventure induc'd the author to shrowd it of purpose under the shadowes of trees , and where should satyres be but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honourable court of parlement , whereof he had the honour to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he shold never forgive himself , though he were appointed his own judge . if ther occur any passages therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgement on any thing in that discourse , which consists principally of concise , cursory narrations of the choisest ▪ occurrences and criticismes of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contingencies and change , which makes the opinions and minds of men vary accordingly . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof , my conscience guided my quill all along as well as my hand , he wold please to be so charitable and just , as to reverse that harsh sentence upon me , to be no friend to parlements and a malignant . a glance upon the i le of wight , and upon the unparallell'd concessions of grace his majesty pass'd in that trety , &c. concluding with the horrid murther committed afterwards upon his sacred person . cui dabit partes scelus expiant iupiter ? a glance upon the i le of wight , or an inquisition after truth . who vindicats truth doth a good office not onely to his own country , but to all mankind ; it is the scope of this short discourse , viz. to make som researches after truth , and to rectifie the world accordingly in point of opinion , specially touching the first author and aggressor of the late ugly war in england , which brought with it such an inundation of bloud , and so did let in so huge a torrent of mischiefs to rush upon us . ther be many , and they not only presbyterians and independents , but cavaliers also , who think that the king had taken the guilt of all this bloud upon himself , in regard of that concession he passed in the preamble of the late treaty at the isle of wight ; the aim of this paper is to clear that point , but in so temperat a way , that i hope 't will give no cause of exception , much lesse of offence to any : the bloud that 's sought after here , shall not be mingled with gaule , much lesse with any venom at all . we know ther is no principle either in divinity , law or philosophy , but may be wrested to a wrong sense ; ther is no truth so demonstrative and clear , but may be subject to cavillations ; no tenet so plain , but perverse inferences may be drawn out of it ; such a fate befell that preambular concession his majesty passed at the transactions of the late treaty , in that he acknowledg'd therin that the two houses of parlement were necessitated to undertake a war in their own just and lawful defence , &c. and that therfore all oaths , declarations , or other public instruments against the houses of parlement , or any for adhering to them , &c. be declared null , suppressed , and forbidden . 't is true , his majesty passed this grant , but with this weighty consideration as it had reference to two ends . first , to smoothen and facilitate things thereby to open a passage , and pave the way to a happy peace , which this poor iland did so thirst after , having bin so long glutted with civil blood . secondly , that it might conduce to the further security , and the indemnifying of the two houses of parlement , with all their instruments , assistants , and adherents , and so rid them of all jealousies , and fear of future dangers which still lodg'd within them . now touching the expressions and words of this grant , they were not his own , nor did he give order for the dictating or penning thereof ; the king was not the author of them , but an assentor only unto them : nor was he or his party accus'd , or as much as mentioned in any of them , to draw the least guilt upon themselves . besides , he pass'd them as he doth all lawes and acts of parlement , which in case of absence another may do for him in his politic capacity , therfore they cannot prejudice his person any way . i am loth to say that he condescended to this grant , — cum strict a novacula supra , when the razor was as it were at his throat , when ther was an army of about thirty thousand effectif horse and foot that were in motion against him , when his person had continued under a black long lingring restraint , and dangerous menacing petitions and papers daily ob●…ruded against him . moreover , his majesty pass'd this concession with these two provisos and reservations , first , that it should be of no vertu or validity at all , till the whole treaty were intirely consummated ; secondly , that he might when he pleas'd inlarge and cleer the truth with the reservednesse of his meaning herein , by public declaration : now the treaty being confusedly huddled up , without discussing , or as much as receiving any proposition from himself as was capitulated , ( and reciprocall proposalls are of the essence of all treaties ) it could neither bind him , or turne any way to his disadvantage : therfore under favour , ther was too much hast us'd by the parlement , to draw that hipothetick or provisional concession to the form of an act so suddenly after in the very heat of the treaty , without his majesties knowledg , or the least intimation of his pleasure . add hereunto , that this grant was but a meer preambular proposition , 't was not of the essence of the treaty it self : and as the philosophers and schoolemen tell us , there is no valid proof can be drawn out of proemes , introductions or corollaries in any science , but out of the positive assertions and body of the text , which is only argument-proof ; so in the constitutions and laws of england , as also in all accusations and charges , forerunning prefaces & preambles ( which commonly weak causes want most ) are not pleadable : and though they use to be first in place , like gentlemen-ushers , yet are they last in dignity , as also in framing , nor had they ever the force of laws , but may be term'd their attendants to make way for them . besides , ther 's not a syllable in this preface which repeals or connives at any former law of the land , therefore those laws that so strictly inhibit english subjects to raise armes against their liege lord the king , and those lawes è contrario which exempt from all dangers , penalties or molestation , any subject that adheres to the person of the king in any cause or buarrell whatsoever , are still in force . furthermore , this introductory concession of the kings , wherein he is contented to declare , that the two houses were necessitated to take armes for their defence , may be said to have relation to the necessity , à parte pòst , not à parte antè : self-defence is the universall law of nature , and it extends to all other cretures , as well as to the rationall : as the fluent roman orator in that sentence of his , which is accounted among the critiques the excellentest that ever drop'd from cicero ; est enim haec non scripta , sed nata lex quam non didicimus , accepimus , legimus , verum ex natura ipsa arripuimus , hausimus , expressimus , ad quam non docti , sed facti , non instituti , sed imbuti sum●…s , ut si vita nostra in &c. for this ( meaning self-defence ) is not a written , but a law born with us ; a law which we have not learnt , receiv'd or read , but that which we have suck'd , drawn forth , and wrung out of the very brests of nature her self ; a law to which we are not taught , but made unto , wherwith we are not instructed , but indued withall , that if our lifes be in jeopardy , &c. we may repel force by force . therfore when the house of parliament had drawn upon them a necessity of self defence ( and i could have wish'd it had bin against any other but their own soverain prince ) his majesty was contented to acknowledge that necessity . as for example : a man of war meets with a marchant man at sea , he makes towards him , and assaults him ; the marchant man having a good stout vessell under him , and resolute , generous seamen , bears up against him , gives him a whole broad-side , and shoots him 'twixt wind and water ; so there happens a furious fight betwixt them , which being ended , the marchant cannot deny but that the man of war , though the first assailant , was necessitated to fight , and that justly in his own defence , which necessity he drew upon himself , and so was excusable , à posteriori , not à priori ; as the civilians speak of a clandestine marriage , fieri non debuit , sed factum valet ; it ought not to have been , but being done 't is valid : wherunto relates another saying , multa sunt quae non nisi per acta approbantur . ther are many things which are not allowable til they are pass'd . the kings of france have had sundry civil wars , they have had many bloudy encounters and clashes with their subjects , specially the last king lewis the thirteenth , which turn'd all at last to his advantage ; among other treaties in that of loudun , he was by force of article to publish an edict , dont lequel le roy approuvoit tout le passé comme ayant esté fait pour son service , &c. wherin the king approv'd of all that w●…s pass'd , as done for his service , &c. and these concessions and extenuations are usuall at the close of most civil wars , but ther was never any further advantage made of them , then to make the adverse party more capable of grace and pardon , as also to enable them to bear up against the brunt of laws , and secure them more firmly from all after-claps ; they were pass'd in order to an act of abolition , to a generall pardon , and consequently to a re-establishment of peace ; now , peace and war ( we know ) are like water and ice , they engender one another : but i do not remember to have read either in the french history , or any other , that such royal concessions at the period of any intestin war were ever wrung so hard , as to draw any inference from them , to cast therby the guilt of bloud , or indeed the least stain of dishonour upon the king ; for royal indulgences and grants of this nature are like nurses breasts , if you presse them gently ther will milk come forth , if you wring them too hard you will draw forth bloud in lieu of milk : and i have observed that the conclusion of such treaties in france , both parties wold hugg and mutually embrace one another in a gallant way of national humanity ; all rancor , all plundrings , sequestration , and imprisonment wold cease , nor wold any be prosecuted , much lesse made away afterwards in cold bloud . touching the comencer of this monstrous war of ours , the world knows too well , that the first man of bloud was blew-cap , who shew'd subjects the way , how to present their king with petitions upon the pikes point , and what visible judgements have fallen upon him since , by such confusions of discord and pestilence at home , and irreparable dishonour abroad , let the world judge . the irish took his rise from him : and wheras it hath bin often suggested , that his majesty had foreknowledge therof , among a world of convincing arguments which may clear him in this particular , the lord maguair upon the ladder , and another upon the scaffold , when they were ready to breath their last , and to appear before the tribunall of heaven , did absolutely acquit the king , and that spontaneously of their own accord , being unsought unto , but only out of a love to truth , and discharge of a good conscience : but touching those cruentous irish wars , in regard ther was nothing wherof more advantage was made against his late majesty , to imbitter and poyson the hearts of his subjects against him then that rebellion , i will take leave to wind up the main causes of them upon a small bottom as was spoken elsewhere . . they who kept intelligence and complyed with the scot , in his first and second insurrection . . they who dismiss'd the first irish commissioners ( who came of purpose to attend our parlement with som grievances ) with such a short unpolitic harsh answer . . they who took off straffords head , ( which had it stood on , that rebellion had never been ) and afterwards retarded the dispatch of the earl of leicester from going over to be lord-lievtenant . . lastly , they , who hindred part of that disbanded army of men rais'd there by the earl of strafford , which his majesty , in regard they were souldiers of fortune , and loose casheer'd men , to prevent the mischiefs that might befall that kingdome , by their insolencies , had promised the two spanish ambassadors , the marquesses of veloda and malvezzi , then resident in this court ; which souldiers rise up first of any , and put fire to the tumult to find somthing to do . they , i say , who did all this , may be justly said to have bin the tru causes of that horrid insurrection in ireland ; and consequently 't is easie to judge upon the account of whose souls must be laid the bloud of those hundred and odd thousand poor christians who perished in that war ▪ and had it bin possible to have brought o're their bodies unputrified to england , and to have cast them at the lower house door , and in the presence of som members , which are now either secluded , or gone to give an account in another world , i believe their noses wold have gush'd out with bloud for discovery of the tru murtherers . touching this last fire-brand of war , which was thrown into england , who they were that kindled it first , the consciences of those indifferent and unbiassed men are sittest to be judges , who have bin curious to observe with impartial eyes , the carriage of things from the beginning . i confesse , 't was a fatal unfortunat thing , that the king shold put such a distance 'twixt his person and his parlement , but a more fatal and barbarous thing it was , that he should be driven away from it , that there should be a desperate designe to surprize his person , that ven with his myrmidons , and bourges with his bandogs , ( for so ▪ they calld the riffraff of the city they brought along with them ) should rabble him away , with above four parts in five of the lords , and near upon two parts in three of the commons : yet 't is fit it should be remembred , what reiterated messages his majesty sent from time to time afterward , that he was alwaies ready to return , provided there might be a course taken to secure his person , with those peers and other who were rioted away from the houses , 't is fit it should be remembred , that there was not the least motion of war at all , till hotham kept his majesty out of his own town kingston upon hull , ( for the name whereof shew'd whose town it was ) where being attended by a few of his meniall servants , he came onely to visit her , having peaceably sent the duke of york , and the palsgrave thither the day before ) which act of hotham's by shutting the gates against him was voted warrantable by the house of commons , and it may be call'd the first thunderbolt of war : 't is fit it should be remembred , that a while after there was a compleate army of . effectif horse and foot inrolled in and about london to fetch him to his parliament by force , and remove ill counsellours from about him , ( long before he put up his royal standard ) and the generall then nam'd was to live and die with them : and very observable it is , how that generalls father was executed for a traytor , for but attempting such a thing upon queen elizabeth , i mean to remove ill counsellors from about her by force . 't is also to be observed , that the same army which was rais'd to bring him to his parliament , was continued to a clean contrary end two years afterwards to keep him from his parliament . 't is fit it should be remembred , who interdicted trade first , and brought in forraigners to help them , and whose commissions of war were neere upon two moneths date before the kings . 't is fit it should be remembred how his majesty in all his declarations and publick instruments made alwaies deep protestations , that 't was not against his parliament he raised armes , but against some seditious members , against whom he had onely desired the common benefit of the law , but could not obtain it ; 't is fit to remember , that after any good successes and advantages of his , he still courted both parliament and city to an accommodation ; how upon the treaty at uxbridge , with much importunity for the generall advantage and comfort of his peeple , and to prepare matters more fitly for a peace , he desired there might be freedom of trade from town to town , and a cessation of all acts of hostility for the time , that the inflammation being allayed , the wound might be cur●…d the sooner ; all which was denyed him . 't is fit to remember how a noble lord ( the earl of southampton ) at that time told the parliaments commissioners in his majesties name , at the most unhappy rupture of the said treaty , that when he was at the highest he would be ready to treat with them , and fight them when he was at the lowest : 't is fit the present army should remember how often both in their proposalls , and publick declarations they have inform'd the world , and deeply protested that their principall aime was to restore his majesty to honour , freedom and safety , whereunto they were formerly bound , both by their own protestation and covenant , that the two commanders in chief pawn'd unto him their soules thereupon . let them remember , that since he was first snatch'd away to the custody of the army by cromwells plot , who said , that if they had the person of the king in their power , they had the parliament in their pockets . i say being kept by the army , he never displeas'd them in the least particular , but in all his overtures for peace , and in all his propositions he had regard still that the army should be satisfied : let it be remembred , that to settle a blessed peace , to preserve his subjects from rapine and ruine , and to give contentment to his parliament , he did in effect freely part with his sword , scepter , and crown , and ev'ry thing that was proprietary to him : let it be remembred with what an admired temper , with what prudence and constancy , with what moderation and mansuetude he comported himself since his deep afflictions , insomuch that those commissioners and others who resorted unto him , and had had their hearts so averse unto him before , return'd his converts , crying him up to be one of the sanctifiedst persons upon earth : and will not the bloud of such a prince cry loud for vengeance ? bloud is a crying sin , but that of kings cryes loudest for revenge , and ruine brings . let it be remembred , that though there be some precedents of deposing kings in his kingdom , and elsewhere , when there was a competition for the right title to the crown by some other of the bloud royall , yet 't is a thing not onely unsampled , but unheard of in any age , that a king of england whose title was without the least scruple , should be summon'd and arraign'd , tryed , condemned , and executed in his own kingdom , by his own subjects , and by the name of their own king , to whom they had sworn alleagiance . the meanest student that hath but tasted the laws of the land can tell you , that it is an unquestionable fundamentall maxime , the king can do no wrong , because he acts by the mediation of his agents and ministers , he heares with other mens eares , he sees with other mens eyes , he consults with other mens braines , he executes with other mens hands , and judges with other mens consciences ; therefore his officers counsellors or favorites are punishable , not he : and i know not one yet whom he hath spar'd , but sacrificed to justice . the crown of england is of so coruscant and pure a mettall ▪ that it cannot receive the least taint or blemish ; and if there were any before in the person of the prince , it takes them all away and makes him to be rectus in curia . this as in many others may be exemplified in henry the seventh , and the late queen elizabeth : when she first came to the crown 't was mention'd in parlement , that the attainder might be taken off him , under which he lay all the time he liv'd an exile in france ; it was then by the whole house of parlement resolv'd upon the question , that it was unnecessary , because the crown purg'd all . so likewise when queen elizabeth was brought as it were from the scaffold to the throne ; though she was under a former attainder , yet 't was thought superfluous to take it off , for the crown washeth away all spots , and darteth such a brightnesse , such resplendent beams of majesty , that quite dispell all former clouds : so that put case king iames died a violent death , and his son had been accessary to it , ( which is as base a lie as ever the devil belch'd out ) yet his accesse to the crown had purged all . this businesse about the playster which was applyed to king iames , was sifted and winnow'd as narrowly as possibly a thing could be in former parlements , yet when it was exhibited as an article against the duke of buckingham , 't was term'd but a presumption or misdemeanure of a high nature : and 't is strange that these new accusers shold make that a parricide in the king , which was found but a presumption in the duke , who in case it had been so , must needs have been the chiefest accessary . and as the ancient crown and royall diadem of england is made of such pure allay , and cast in so dainty a mould , that it can receive no taint , or contract the least speck of enormity and foulenesse in it self , so it doth endow the person of the prince that weares it with such high prerogatives ; that it exempts him from all sorts of publique blemishes ; from all attainders , empeachments , summons , arraignments and tryalls ; nor is there or ever was any law or precedent in this land , to lay any crime or capitall charge against him , though touching civill matters : touching propertie of meum and tuum , he may be impleaded by the meanest vassall that hath sworn fealty to him ; as the subjects of france and spaine may against their kings , though never so absolute monarchs . in the constitutions of england , there are two incontroulable maximes , whereof the meanest mootman that hath but saluted littleton cannot be ignorant : the first is , rex in suis dominiis neque habet parem , nec superiorem . the king in his own dominions hath neither peer , or superior . the other is satis habet rex ad poenam quod deum expectet ultorem : 't is punishment enough for a king that god will take revenge of him : therefore if it be the fundamentall constitution of the land , that all just tryalls must be by teers , and that the law proclaimes the king to have no peer in his own dominions , i leave the world to judg , what capacity or power those men had to arraign their late king , to be in effect his accusers and iudges ; and that an exorbitant unsampled tribunall should be erected , with power and purpose to condemn all to cleer none , and that sentence of death should passe without conviction or law upon him that was the heard and protector of all the lawes . lastly , that they who by their own confession represent but the common people , should assume power to cut off him who immediately represented god , cui dabit partes scelus expiandi iupiter ? — well , we have seen such portentous things , that former ages never beheld , nor will future ages ever be witnesse of the like : nay , posterity , after a century or two of yeers will hold what is now really acted to be but romances . and now with thoughts full of consternation and horror , and a heart trembling with amazement and sorrow for the crying flagrant sins of this forlorn nation , specially for that fresh infandous murther committed upon the sacred person of his majesty , i conclude with this hepastick , wherein all cretures ( though irrationall ) that have sence , yea the very vegetalls seeme to abhor so damnable a fact . so fell the royal oake by a wild crew of mongrel shrubs which underneath him grew ; so fell the lion by a pack of currs ; so the rose witherd 'twixt a knot of burrs . so fell the eagle by a swarme of gnatts , so the whale perish'd by a shoale of spratts . in the prison of the fleet . febr. . i. h. advice sent from the prime statesmen of florence , how england may come to herself again , which is , to call in the king , not upon articles , but in a free confident way : which advice came immediatly upon the readmission of the secluded members , and coppies therof being delivered to the chiefest of them. it produc'd happy effects . a letter sent from the city of florence , written by a great counsellor there , touching the present distempers of england ; wherein he , with som of the prime statesmen in florence passe their iudgements which is the onely way to compose the said distempers . to my honored , and most endeared patron . it is no small diminution to my former happinesse that i have not receiv'd your commands any time these two moneths , which makes me lodg within me certain apprehensions of fear that som disaste●… might befall you in those new distractions , therefore i pray be pleased to pull this thorn out of my thoughts as speedily as it may stand with your conveniency . we are not here so barren of intelligence , but we have weekly advice of your present confusions , and truly the severest sort of speculative persons here who use to observe the method of providence , do not stick to say , that the hand of heaven doth visibly stirre therein , and that those distractions in army , state , and city are apparent judgements from above , for if one revolve the stories of former times , as i have done many ( but you more ) he will find that it hath been alwaies an inevitable fate which useth to hang over all popular insurrections to end in confusion and disorders among the chief actors themselfs at last ; and we have had divers examples thereof here among us , which hath caus'd us to be so long in quietnesse and peace . but truly sir , give me leave to tell you that your nation hath lost much of their repute abroad all the world over in statu quo nunc ; som do laugh at you ; others do scorn , and hate you ; and som do pitty and comiserat you . they who laugh at you , think you are no better than mand men ▪ having strange magots in your brains bred out of the fat of so long wanton plenty , and peace . they who scorn and hate you , do it for your sacriledge , your horrendous sacrileges , the like whereof was never committed on earth since christianity had first a hole to put her head in . they who pitty you are few , and we are of the nomber of them , as well in the common sense of humanity , as for the advantages , and improvement of wealth which this state hath receiv'd by your trading at ligorne , for that town doth acknowledge her prosperity , and that she is arrived to this flourishing estate of riches , of buildings and bravery by the correspondence she hath had this latter age with england in point of commerce , which yet we find doth insensibly impair every day , and i believe you feel it more ; therefore out of the well-wishes , and true affections we bear unto england , some of the most serious , and soberest persons of this place who are well seasoned in the world , and have studyed men under divers climes , and conversed also much with heavenly bodies , had lately a private junto , or meeting , whereunto i was admitted for one , and two of us had been in england where we received sundry free civilities ; our main businesse was to discourse , and descant upon these sad confusions , and calamitous condition wherein england with the adjoyning kingdomes are at present involved , and what might extricate her out of this labyrinth of distractions , and reduce her to a setled government ; having long canvased the businesse , and banded arguments pro & con with much earnestnesse , all our opinious did concenter at last in this point , that there was no probable way under heaven to settle a fast , and firm government among you , then for the men that are now upon the stage of power to make a speedy application to their own king , their own liege lord and soveraigne , whom god , and nature hath put over them ; let●… them beat their brains , scrue up their witts , and put all the policy they have upon the tenterhooks as farre as possibly they can , yet they will never be able to establish a durable standing government otherwise , they do but dance in a circle all this while , for the government will turn at last to the same point it was before ▪ viz. to monarchy , and this king will be restored to his royall inheritances , maugre all the cacodaemons of hell : our astrologers here , specially the famous antonio fiselli hath had notes to look into the horoscope of his nativity , and what predictions he hath made hitherto of him have proved true to my knowledge , he now confidently averrs , with the concurrence of the rest , that the aspect of all the starrs , and conjunction of the planetts much favour him the next two yeares ; nam medium coeli in genitura caroli secundi regis angliae juxta axiomata astrologiae genethliacae dirigitur ad radios sextiles lun●… anno domini . & significat acc●…ssum ad dominum , for the medium coeli in the geniture of charles the second according to the axiomes of genethliacall astrology is directed to the sextile rayes of the moon , and signifies an accesse to dominion . adde hereunto that a most lucky conjunction followes the same year , in the very centre of the said kings horoscope betwixt iupiter and sol in the moneth of september . when i was employed by this state in paris not many years agoe , i had occasion to make my addresse to your young king , and when i observed his physiognomy , and the lineaments of his face , i seemed to discern in it something extraordinary above vulgar countenances , and that he carryed a majesty in his very looks , and noting besides the goodly procerity , and constitution of his body , he seemed to be cut out for a king. now , in point of extraction , and lineage , it cannot be denyed but he is one of the greatest born princes that ever was in the world ; for whereas his grand-father , and father were allyed onely if you regard forraigne consanguinity , to the house of denmark and the guyses , this king bears in his veines not onely that bloud , but also the blouds of all the great princes of christendom , being nearly linked to the house of bourbon and france , to the house of austria , and consequently to the emperour , and spaine , as also to the duke of savoy , and our grand-duke : moreover he is nearly allyed to all the greatest princes of germany , as the saxe , brandenburg , bavaria , the palsgrave , and to the duke of lorain who descends in the directest line from charlemain ; adde hereunto that the young prince of orenge is his nephew , and which is considerable he is a pure englishman born , whereas your two former kings were forreigners . the queen his mother is of as glorious an extraction , which makes me admire the frontlesse impudence of some of your poor pamphletors who call her ever and anon the little queen , notwithstanding that the world knowes her to be the daughter of henry the great , and queen of great britain , which title and character is indelible , and must die with her. hereunto may be adjoyn'd , that this young king is now mounted to the meridian of his age , and maturity of judgement to govern , and doubtlesse hee is like to make a rare governour , having this advantage of all other soverain princes in the world to have been bredd up in the schoole of affliction so long , to have travelled so many strange countreys and observed the humors of so many nations . but to come to the cardinall point of our communication , after divers debates , and alterations how england might be brought to a stable condition of tranquility and perfect peace , to her former lustre , and glory , the finall result of all , ended in this , that there was no other imaginable meanes to do it then for you to make a timely and fitting humble addresse unto your own king , and without question it is in his power to grant you such an absolute pardon , such an abolition of all things pass'd , such a gracious amnestia , such royall concessions that may extend to the security of every person for the future that was engaged in these your revolutions , both touching his life and fortunes ; unlesse their guilt of conscience be such that like cain or iudas they thinke their sinne is greater then can be forgiven them . now the mode of your application to him may avail much , for if you chopp logique with him too farr , and stand upon puntillios , and too rigid termes , if you shew your selfs full of feares , jealousies , and distrusts , it will intangle , and quite marr the businesse , for in a soveraign prince ther must be an implicit , unavoidable necessary trust repos'd by his peeple , which all the laws that mans brain can possibly invent cannot provide against ; therefore if you proceed in a frank , and confident tru english way you may work upon his affections more powerfully , and overcome him sooner so , then by any outward arms , this way will make such tender impressions , upon that he will grant more then you can possibly expect . some forein historians as the french comines and our guicciardin do cry up the english nation for using to love their king in a more intense degree then other peeple , and to regard his honour in a higher strain , to support which they have bin alwayes so ready , and cheerful both with their persons and purses ; there is now a fair opportunity offered to rake up the embers of these old affections , and to recover the reputation of tru englishmen ; there is no peeple but may sometimes stand in their own light , go astray , and err , for error was one of the first frailties that were entayled upon man ( and his posterity ) as soon as he was thrust out of paradis ; 't is a human thing to err , but to persevere in an error is diabolicall ; you shall do well and wisely to follow the example of the spanish mule , who out of a kind of wantonesse being gone out of the high beaten road into a by path , which led her to a dirty narrow lane full of pitts and holes , at last she came to the top of a huge hideous rock where she could go no farther , for before her ther was inevitable destruction , and the lane was so narrow that she could not turn her body back , therupon in this extremity she put one foot gently after an other , and crablike went backward untill she came again to the common road ; this must be your course , by a gentle retrogradation to come into the kings high road again , and ther is no question but he will meet you more than three parts of the way : if you do not , truly in our opinions you will precipitat your selfs down a rock of inevitable destruction ; for heaven and earth are conspir'd to restore him , and though all the spirits of the air shold joyn with you , you shall not be able to oppose it . i presume you are not ignorant how ●…he two great monarks of spain and france ( which may be said to be the main poles wheron europe doth move ) have comprehended him within the private capitulations of peace , the emperour hath promised to wed his quarrell , and there is no prince or state in christendom but would gladly reach a frendly hand to restore him , being depriv'd of his birth-right , and his royal indubitable inheritance ( as you your felfs confesse ) for observing the fifth commandement , for obeying his father and mother ; from which birth-right he may be said to have been thrust out when he was in the state of innocency , being but in a manner a child , and very young then . now touching your selfs i will not flatter you , but plainly tell you that you have not one friend any where beyond the seas , nay your great confederate the swed ( as i had good intelligence ) could upbraid one of your ambassadors that are now there , that he had not washed his hands clean since they had been embrued in his princes bloud . the time that i sojourned in england i was curious to read your annals , and to make some inspections into your laws , and method of government ; as also into the genius of the peeple , and i find there is no species of government that suits better with the nature of the inhabitants , the quality of the clime , and relates more directly to the civil constitutions , laws , and customs of the land then monarchal ; the i le of great britain hath been alwaies a royall island from her very creation , from her infancy , she may be said to have worn a crown in her cradle , and although she had four or five revolutions and changes of masters , yet she still continued royal , whereunto alludes a saying that i observed in your old records , britannia ab initio mundi semper fuit regia , & regimen illiu●… simile illi caelorum : great britain hath been from the beginning of the world royall , and her government like that of the heavens . therefore , all these premises being weighed in the balance of true judgement you shall do well , and wisely to recollect your selfs , and call in your hopefull young king , whose title your consciences do acknowledge to be unquestionable , otherwise it is not onely improbable but impossible for england to be her self again , and to be setled in any stable government which may reach to posterity ; you may wind up your wits as high as you can , you may consult with your first , second , and third thoughts , but will never be able to settle a fixed government , you will be still at a losse , your debates will be like a skeyn of ravell'd threed , you will be in a labyrinth of confusions , and the end of one , will be still the beginning of another . to conclude , the current and concurrent opinion of all ministers of state here both forren and florentine is , that if you do not make a timely application to your king , you will have all the princes of christendom about your ears , and what a sad calamitous country , what an aceldama will england be then ? therefore if there be a true patriot , and publick soul amongst you , if there be ever any drops of true english bloud running in your veins , or the least spark of nationall fire and affections glowing in your bosoms toward your own dear country , prevent these imminent dangers , and invite your king by discreet and moderate proposals ; the gallant samnit general could tell the romans who had over powred them , that if they gave them easie and gentle capitulations they would perform them , but if they would tye them to too high and strict terms , they would observe them no longer then they cold have opportunity to break them . touching the affairs of italy , we are like to have a general blessed peace this side the alpes , and lombardy who hath been so pittifully harass'd a long time , and hath had her face so often scratch'd , is in a fair way to recover her former beauty ; signor giovanni palavicino , and d. lorenzo minuccio convey their most affectionate respects unto you , and so doth your entire , and faithfull servant . florence this th . of march , . ther are divers other large peeces tending to the same subject , which shall be published in the second tome . finis . notes, typically marginal, from the original text notes for div a -e finch , &c. mechanicks ▪ mariners . 〈◊〉 stra●… . bishops . sco●… . m. hert. e. south . e. westm. e. worce . e. dover . wales . digbies . e. pemb. e wa●…w . arondelle . her majesty . notes for div a -e m. hamilt . scot. plut. notes for div a -e the scot. the irish. england . the case of resistance of the supreme powers stated and resolved according to the doctrine of the holy scriptures by will. sherlock ... sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], p. printed for fincham gardiner ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resistance to. divine right of kings. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of resistance of the supreme powers stated and resolved , according to the doctrine of the holy scriptures . by will. sherlock , d. d. rector of st. george buttolph-lane , london . london : printed for fincham gardiner , at the white-horse in ludgate-street . . to the right honourable francis lord guilford , lord keeper of the great seal of england , and one of his majesties most honourable privy council . my lord , i humbly beg leave to present to your lordships hands , a very plain discourse , but very necessary in such an age as this , wherein the principles of rebellion are openly profest and taught , and the doctrine of non-resistance and passive obedience , not confuted , but laught out of countenance . there ▪ have been indeed a great many excellent books writ upon this argument by learned men ; but i fear most of them are too learned for ordinary readers , who most need instruction , and are most easily poisoned with seditious ▪ doctrines ; and therefore there is still occasion enough ▪ for such a small treatise as this , which i hope is fitted to the understanding of the meanest men , who will be so honest , as impartially to consider it : and those who will not read nor consider , what is offered for their conviction , are out of the reach of all instruction , and must be governed by other methods . my lord , your lordships known loyalty and zeal for the service of the crown , which by the favour of a wise and discerning prince has deservedly advanced you to so high as station , made me presume , that such a present as this , though in ▪ it self very mean , might not be unacceptable to you , especially when it is intended as a publick acknowledgment ( the best which my mean circumstances in the world enable me to make ) of those great favours i have received from your lordship . that god would bless your lordship with a long life , and vigorous age , and encrease of honour , for the service of the king , and of the church , is the prayer of , my lord , your lordships most humble and most obedient servant ▪ w. sherlock . the case of resistance of the supreme powers stated and resolved , according to the doctrine of the holy scriptures . the introduction . i presume , i need make no apologie for the seasonableness of this discourse at this time : for if e-ever it be fit to put people in mind of that subjection which they owe to the higher powers , no time can be more proper for it , than when we see the peace and security of publick government disturbed and endangered by popish and fanatick conspiracies , who like sampson's foxes , though they look very different ways , yet are tyed together by the tail with a firebrand between them ; and had not the good providence of god wonderfully appeared for the preservation of his anointed , i am sure it had been a very unseasonable time now to have treated on this subject ▪ and therefore , setting aside all apologies , i shall onely give a brief account of the designe of this following treatise . there are three ways of proving and confirming the doctrine of non-resistance , or subjection to soveraign princes . . by the testimonies of the holy scriptures . . by the doctrine and practice of the primitive christians . . by the fundamental constitutions of that particular government under which we live . i have considered the last , as much as was necessary to my purpose . the second i have not meddled with : for whoever has a mind to be satisfied about it , may consult that admirable discourse of archbishop usher , about the power of the prince , and the obedience of the subject ; which will not cost much money , nor take up much time to read it . but the designe i proposed to my self , was carefully to consider the testimonies of scripture , which are beyond all other authorities , and to vindicate them from the cavils and exceptions of the several patrons of resistance . and the whole discourse is divided into these following chapters . . the first contains the authorities of the old testament ; wherein i have plainly shewn , that god himself set up a soveraign and irresistible power in the iewish nation ; and that during all that time , it was unlawful for subjects , upon any pretence whatsoever , to resist their princes . . the second contains the doctrine of our saviour , concerning subjection to soveraign princes . . the third contains an account of our saviour's example in this matter . . the fourth considers what saint paul's doctrine was about subjection . . the fifth , the doctrine of saint peter . . the sixth contains an answer to the most popular objections against non-resistance . in examining the authorities of scripture , i have carefully considered whatever has been plausibly urged in defence of the doctrine of resistance , and reduced it under those particular texts which have been thought most to favour it : and i do not know of any thing material , which has been pleaded in this cause , which i have wholly omitted . possibly some may complain , that i have not observed the exact rules of art and method in this , to propose the question , to explain the terms of it , to produce my proofs , and then to answer the objections which are made against it . now this i must acknowledge in part to be true ; and i think this discourse never the less perfect for that . the proposition i undertake to prove , is this : that soveraign princes , or the supreme power in any nation , in whomsoever it is plac'd , is in all cases irresistible . this is a plain proposition , which needs no explanation : and the way i take to prove it , is as plain ; by producing the testimonies of scripture both of the old and new testament , as they lie in order , and shewing what power they grant to princes , and what obedience they require of subjects . this is the fairest way i could think on , to give my readers a full view of the doctrine of the scriptures in this matter ; and this was all i intended to do : for i am verily perswaded , that were men once convinced that resistance of princes is expresly contrary to the doctrine both of the old and new testament , it would be no easie matter , by any other arts or pretences , to draw the most fanatical and factious persons amongst us ( who retain any reverence for god ) into a rebellion . chap. i. wherein the unlawfulness of resisting the supreme powers is proved , from the authority of the old testament . to prove the unlawfulness of resistance , i shall begin with the old testament . now there is nothing more evident , than that god set up such a supreme and soveraign power in the iewish nation , as could not , and ought not to be resisted by the fundamental laws of their government . for this is all i am concerned at present to prove , that it is never lawful to resist the higher powers ; not that the supreme and soveraign power is always to be in a single person , but that wherever it is , it is irresistible , and that whenever this supreme power by the laws of the nation , is invested in a single person , such a prince must not upon any pretence whatsoever be resisted . the first governour god set over the children of israel , when he brought them out of the land of egypt , was moses ; and i think i need not prove how sacred and irresistible his authority was . this is sufficiently evident in the rebellion of korah , dathan , and abiram , against moses and aaron , when god caused the earth to open her mouth and swallow them up , numbers . and lest this should be thought an extraordinary case , moses and aaron being extraordinary persons , immediately appointed by god , and governed by his immediate direction ; the apostle st. iude alleadges this example against those in his days , who were turbulent and factious , who despised dominions , and spake evil of dignities , that they should perish in the gainsaying of core , iud. v. . which he could not have done , had not this example extended to all ordinary , as well as extraordinary cases ; had it not been a lasting testimony of gods displeasure against all those , who oppose themselves against the soveraign powers . but moses was not always to rule over them , and therefore god expresly provides for a succession of soveraign power , to which they must all submit . the ordinary sovereign power of the iewish nation after moses his death , was devolved either on the high priest , or those extraordinary persons whom god was pleased to raise up , such as ioshua and the several iudges , till in samuels days it setled in their kings . for as for the iewish sanhedrim , whose power is so much extolled by the iewish writers , who are all of a late date , many years since the destruction of ierusalem , and therefore no competent witnesses of what was done so many ages before , it does not appear from any testimony of scripture , that there was any such court of iudicature , till after their return from the babylonish captivity . but yet god took care to secure the peace and good government of the nation , by appointing such a power as should receive the last appeals , and whose sentence in all controversies should be final , and uncontroulable , as you may see in the deut. , , , , v. there were inferiour magistrates and iudges appointed in their several tribes and cities , which moses did by the advice of iethro his father-in-law , and by the approbation of god , exod. . but as the supreme power was still reserved in the hands of moses , while he lived , so it is here secured to the high priest , or iudges , after his death ; for it is expresly appointed , that if those inferiour iudges could not determine the controversie , they should come unto the priests , the levites , that is , the priests of the tribe of levi , ( who by the ver . appears only to be the high priest ) and to the iudge that shall be in those days , that is , if it shall be at such a time , when there is an extraordinary judge raised by god , ( for there were not always such iudges in israel , as is evident to any one who reads the book of iudges ) and of them they should inquire , and they shall shew the sentence of iudgment ; and thou shalt do according to the sentence which they of that place , ( which the lord shall choose ) shall shew thee , and thou shalt observe to do according to all they shall inform thee . where the place which god shall choose , signifies the place which he should appoint for the ark of the covenant , and for the levitical worship ; which was the place where the high priest , and the chief iudge or ruler of israel , when there was any such person , had their ordinary residence ; which was at first at shilo , and afterwards at ierusalem . and what the authority of the chief priest , or of the iudge when there was one , was in those days , appears from v. . and the man that will do presumptuously , and will not hearken to the priest , ( that standeth to minister there before the lord thy god ) or unto the iudge , even that man shall die , and thou shalt put away the evil from israel . this is as absolute authority , as the most absolute monarch in the world can challenge , that disobedience to their last and final determination , what ever the cause be , shall be punisht with death : and what place can there be for resistance in such a constitution of government as this ? it is said indeed in v. . according to the sentence of the law , which they shall teach thee , and according to the judgment that they shall tell thee , thou shalt do . and hence some conclude , that they were not bound to abide by their sentence , nor were punishable , if they did not , but onely in such cases , when they gave sentence according to the law of god. but these men do not consider that the matter in controversie is supposed to be doubtful , and such as could not be determined by the inferiour courts , and therefore is submitted to the decision of the supreme iudge ; and as he determined , so they must do ; and no man , under the penalty of death , must presume to do otherwise : which takes away all liberty of judging from private persons , though this supreme iudge might possibly mistake in his judgment , as all humane iudicatures are liable to mistakes ; but it seems god ▪ almighty thought it necessary that there should be some final judgment , from whence there should be no appeal , notwithstanding the possibility of a mistake in it . so that there was a supreme and soveraign , that is , unaccountable and irresistible power in the iewish nation appointed by god himself : for indeed it is not possible that the publick peace and security of any nation should be preserved without it . and i think it is as plain , that when the iews would have a king , their kings were invested with this supreme and irresistible power : for when they desired a king , they did not desire a meer nominal and titular king , but a king to judge them , and to go out before them , and fight their battels ; that is , a king who had the supreme and soveraign authority , sam. . . . . a king who should have all that power of government , excepting the peculiar acts of the priestly office , which either their high-priest or their iudges had before . and therefore when samuel tells them what shall be the manner of their king , ver . though what he says does necessarily suppose the translation of the soveraign and irresistible power to the person of their king , yet it does not suppose that the king had any new power given him more than what was exercised formerly by their priests and iudges . he does not deter them from chusing a king , because a king should have greater power , and be more uncontroulable and irresistible than their other rulers were : for samuel himself had had as soveraign and irresistible a power as any king , being the supreme judge in israel , whose sentence no man could disobey or contradict , but he incurred the penalty of death , according to the mosaical law. but the reason why he disswades them from chusing a king , was because the external pomp and magnificence of kings was like to be very chargeable and oppressive to them . he will take your sons and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots . and he will appoint him captains over thousands , and captains over fifties , and will set them to ear his ground , and to reap his harvest . and thus in several particulars he acquaints them what burdens and exactions they will bring upon themselves by setting up a king , which they were then free from : and if any prince should be excessive in such exactions , yet they had no way to help themselves ; they must not resist nor rebel against him , nor expect , that what inconvenience they might find in kingly government , god would relieve and deliver them from it , when once they had chose a king : ye shall cry out in that day , because of your king which ye have chosen you , and the lord will not hear you in that day , v. . that is , god will not alter the government for you again , how much soever you may complain of it . this , i say , is a plain proof that their kings were invested with that soveraign power which must not be resisted , though they oppress their subjects to maintain their own state , and the grandeur and magnificence of their kingdom . but i cannot think , that these words contain the original grant and charter of regal power , but only the translation of that power which was formerly in their high-priests or iudges to kings . kings had no more power than their other governours had : for there can be no power greater than that which is irresistible ; but this power in the hands of kings was likely to be more burdensome and oppressive to them , than it was in the hands of their priests and iudges ▪ by reason of their different way of living ; which is the onely argument samuel uses to dissuade them from transferring the supreme and soveraign power to princes . and therefore i rather choose to translate mishpat , as our translators do , by the manner of the king , than as other learned men do , by the right of the king , thereby understanding the original charter of kingly power : for it is not the regal power which samuel here blames , which is no other but the very same power which he himself had , while he was supreme iudge of israel , but their pompous way of living , which would prove very oppressive and burdensome to them , and be apt to make them complain , who had not been used to such exactions . and here before i proceed , give me leave to make a short digression in vindication of kingly government , which some men think is greatly disparaged by this story . for . it is evident that god was angry with the iews for desiring a king ; and declared his anger against them , by sending a violent tempest of thunder and rain in wheat-harvest ; which made them confess , that they had added to all their sins this evil , to ask a king , sam. . , . &c. from whence some conclude , that kingly power and authority is so far from being the original appointment and constitution of god , that it is displeasing to him . and . that samuel in describing the manner of the king , represents it as oppressive and uneasie to subjects , and much more burdensome , and less desirable than other forms of government . . as for the first , it must be acknowledged , that god was angry with the children of israel for asking a king : but then these men mistake the reason , which was not because god is an enemy to kingly government , but because he himself was the king of israel ; and by asking a king to go in and out before them , they exprest a dislike of gods government of them . thus god tells samuel , they have not rejected thee , but they have rejected me , that i should not reign over them , sam. . . and thus samuel aggravates their sin , that they said , nay but a king shall reign over us ; when the lord your god was your king , chap. . v. now the crime had been the same , had they set up an aristocratical or democratical government , as well as regal power , in derogation of gods government of them . their fault was not in choosing to be governed by a single person ; for so they had been governed all along , by moses and ioshua , by their high priests , or those other extraordinary iudges whom god had raised up , and at this very time by samuel himself ; for it is a great mistake to think that the jews , before they chose a king , were governed by a synedrial power , like an aristocracy or democracy , which there is not the least appearance of in all the sacred history ; for as for those persons whom moses by the advice of iethro set over the people , they were not a supreme or soveraign tribunal , but such subordinate magistrates as every prince makes use of for administring justice to the people . they were rulers of thousands , rulers of hundreds , rulers of fifties , rulers of tens , exod. . and were so far from being one standing judicature , that they were divided among their several tribes and families : and were so far from being supreme , that moses still reserved all difficult cases , and last appeals , that is , the true soveraign power to himself , as it was afterwards by an express law reserved to the high priests , and iudges extraordinarily appointed : and there is so little appearance of this soveraign tribunal in samuels days , that he himself went in circuit every year , as our judges now do , to bethel and gilgal , and mizpeh , and judged israel , sam. . . but the fault of israel in asking a king was this , that they preferred the government of a king , before the immediate government of god. for the understanding of which , it will be necessary to consider briefly , how gods government of israel differ'd from their government by kings . for when they had chose a king , did god cease to be the king of israel ? was not their king gods minister and vicegerent , as their rulers and judges were before ? was not the king god 's anointed ? and did he not receive the laws and rules of government from him ? yes , this is in some measure true , and yet the difference is very great . while god was the king of israel , though he appointed a supreme visible authority in the nation , yet the exercise of this authority was under the immediate direction and government of god. moses and ioshua did not stir a step , nor attempt any thing without gods order , no more than a menial servant does without the direction of his master . in times of peace , they were under the ordinary government of the high priest , who was god's immediate servant , who declared the law to them , and in difficult cases , referred the cause to god , who gave forth his answers by him : when they were opprest by their enemies , which god never permitted , but for their sins , when they repented and begged gods pardon and deliverance , god raised up some extraordinary persons endued with an extraordinary spirit , to fight their battels for them , and subdue their enemies , and to judge israel ; and these men did every thing by a divine impulse and inspiration , as moses and ioshua did . so that they were as immediately governed by god , as any man governs his own house and family . but when the government was put into the hands of kings , god in a great measure left the administration of it to the will and pleasure of princes , and to the methods of humane governments and policy . though god did immediately appoint saul , and afterwards david to be king , yet ordinarily the government descended not by god's immediate choice , but by the right of succession : and though some kings were prophets too , yet it was not often so ; they were not so immediately directed by god as the iudges of old were , but had their councels of state for advice in peace and war , and their standing armies and guards for the defence of their persons and government . they were indeed commanded to govern by the laws of moses , to consult the oracles of god in difficult cases , and god raised up extraordinary prophets to direct them , but still it was in their own power , whether they would obey the laws of god , or hearken to his prophets ; good kings did , and bad kings did not ; and therefore the government of israel by kings , was like other humane governments , lyable to all the defects and miscarriages which other governments are ; whereas while the government was immediately in god's hands , they did not only receive their laws , and external polity from him , but the very executive power was in god : for though it was administred by men , yet it was administred by god's immediate direction , with the most exact wisdom , justice and goodness . this was the sin of the iews , that they preferred the government of an earthly king , before having god for their king ; and this must be acknowledged to be a great fault , but it is such a fault , as no other nation was ever capable of , but only the iews , because god never vouchsafed to be king of any other nation in such a manner ; and therefore we must not compare kingly government , for there is no competition between them , with the government of god , but we must compare kingly government with any other form of humane government ; and then we have reason to believe , that notwithstanding god was angry with the iews , and this was a case peculiar to the iews for desiring a king , that yet he prefers kingly government before any other , because when he foresaw that the iews would in time grow weary of his government , he makes provision in their law , for setting up a king , not for setting up an aristocratical or democratical power , which their law makes no allowance for , as you may see , deuter. . . another objection against kingly power and government , is , that samuel in this place represents it as very oppressive and burdensome to the subject . for what some men answer , that samuel speaks here only of the abuse of regal power , i think is not true ; for the meer abuse of power is no argument against it , because all kind and forms of power are lyable to be abused , and by this reason we should have no government at all . and it is evident , that samuel does not mention any one thing here , that can be called an abuse of power , nothing but what is absolutely necessary to maintain the state and magnificence of an imperial crown . for how can a prince subsist without officers and servants of all sorts , both men and women , both for the uses of his family , and the service of his government both in peace and war ? and how can this be maintained , but by a revenue proportionable to the expence ? and since none of them had such an estate , as to defray this charge themselves , whoever was to be chosen king , must have it from others , by publick grants and publick taxes , which he here expresses by taking their fields and their vineyards , and their olive-yards , the tenth of their fields , and their vineyards , and the tenth of their sheep , for himself and his servants , the tenth ●●●ng the usual tribute ▪ paid to the eastern kings . this is not an abuse of power , though some princes might be excessive in all this , but it is the manner of the king , that which is necessary to his royal state. there is nothing of all this forbid in deuter. where god gives laws to the king ; and indeed to forbid this , would be to forbid kingly power , which cannot subsist without it . indeed i find some learned men mistaken in this matter ; for they take it for granted , that what samuel here calls the manner of the king , is such an abuse of power , as god had expresly forbid to kings in the of deuter. , . but why the abuse of regal power should be called the manner or the right of the king , is past my understanding . mishpat , however you translate it , must signifie something which is essential to kingly government , otherwise samuels argument against chusing a king had been sophistical and fallacious . for there is no form of government but is lyable to great abuses , when it falls into ill hands : and this they had experience of at this very time ; for the miscarriages of samuel's sons , was the great reason , why the people at this time desired a king ▪ sam. . , , . and if we compare these two places together , what god forbids the king , with what samuel calls the manner of the king , we shall find nothing alike . in the of deut. , . v. god tells them , that their king shall not multiply horses to himself , nor cause the people to return into egypt , to the end that he should multiply horses , for as much as the lord hath said unto you , ye shall henceforth return no more that way . god would not allow them to have any commerce or intercourse with egypt , and therefore forbid their kings to multiply horses , with which egypt did abound , that there might be no new familiarity contracted with that idolatrous nation . neither shall he multiply wives to himself , that his heart turn not away . where multiplying wives seems plainly to refer to his taking wives of other nations and other religions , as appears from what is added , that his heart turn not away : that is , lest they should seduce him to idolatry , as we know solomon's wives did him , who are therefore said to turn away his heart , kings . , . neither shall he greatly multiply to himself silver and gold . for such a covetous humour would mightily tempt him to oppress his subjects . this is all that god expresly forbids their kings , when they should have any . but now samuel in describing the manner of the king , takes no notice of any thing of all this , but only tells them , that their king would appoint out fit persons for his service of their sons and daughters , that they should pay tribute to him , and should themselves be his servants ; not as servants signifies flaves and vassals , but subjects , who owe all duty and service to their prince as far as he needs them . but what is it then that samuel finds fault with in kingly power , & which he uses as an argument to dissuade the children of israel from desiring a king ? why it is no more , than the necessary expences and services of kingly power , which would be thought very grievous to them , who were a free people , and at that time subject to no publick services and exactions . the government they then lived under was no charge at all to them they were governed , as i observed before , either by their high priest , or by iudges extraordinarily raised by god. as for their high priests , god himself had allotted their maintenance sutable to the quality and dignity of their office ; and therefore they were no more charge to the people when they were their supreme governors , than they were , when the power was in other hands , either in the hands of iudges or kings . as for their iudges whom god raised up , they affected nothing of royal greatness , they had no servants or retinue , standing guards or armies to maintain their authority , which was secured by that divine power with which they acted , not by the external pomp and splendour of a court. thus we find moses appealing to god in the rebellion of korah , i have not taken one ass from them , neither have i hurt any of them , numbers . and thus samuel appeals to the children of israel themselves , behold , here i am , witness against me before the lord , and before his anointed ; whose oxe have i taken ? or whose ass have i taken ? or whom have i defrauded ? whom have i oppressed ? or of whose hands have i received any bribe to blind mine eyes therewith ? and i will restore it , sam. . . now a people , who lived so free from all tributes , exactions , and other services due to princes , must needs be thought sick of ease and liberty , to exchange so cheap , so free a state , for the necessary burdens and expences of royal power , though it were no more than what is necessary ; which is the whole of samuels argument , not that kingly government is more expensive and burdensome than any other form of humane government , but that it was to bring a new burden upon themselves , when they had none before . no humane governments , whether democracies or aristocracies , can subsist , but upon the publick charge ; and the necessary expences of kingly power are not greater than of a commonwealth . i am sure this kingdom did not find their burdens eased by pulling down their king ; and i believe , whoever acquaints himself with the several forms of government , will find kingly power to be as easie upon this score , as commonwealths . so that what samuel discourses here , and which some men think so great a reflection upon kingly government , does not at all concern us , but was peculiar to the state and condition of the iews at that time . let us then proceed to consider how sacred and irresistible the persons and authority of kings were under the iewish government ; and there cannot be a plainer example of this , than in the case of david . he was himself anointed to be king after saul's death , but in the mean time was grievously persecuted by saul , pursued from one place to another , with a designe to take away his life . how now does david behave himself in this extremity ? what course does he take to secure himself from saul ? why he takes the onely course that is left a subject ; he flies for it , and hides himself from saul in the mountains and caves of the wilderness ; and when he found he was discovered in one place , he removes to another : he kept spies upon saul to observe his motions , not that he might meet him to give him battel , or to take him at an advantage ; but that he might keep out of his way , and not fall unawares into his hands . well , but this was no thanks to david , because he could do no otherwise . he was too weak for saul , and not able to stand against him ; and therefore had no other remedy but flight . but yet we must consider , that david was a man of war , he slew goliah , and fought the battels of israel with great success ; he was an admired and beloved captain , which made saul so jealous of him ; the eyes of israel were upon him for their next king , and how easily might he have raised a potent and formidable rebellion against saul ! but he was so far from this , that he invites no man to his assistance ; and when some came uninvited , he made no use of them in an offensive or defensive war against saul . nay , when god delivered saul two several times into david's hands , that he could as easily have killed him , as have cut off the skirts of his garment at engedi , sam. . or as have taken that spear away which stuck in the ground at his bolster , as he did in the hill of hachilah , sam. . yet he would neither touch saul himself , nor suffer any of the people that were with him to do it , though they were very importunate with him for liberty to kill saul ; nay , though they urged him with an argument from providence , that it was a plain evidence that it was the will of god that he should kill saul , because god had now delivered his enemy into his hands , according to the promise he had made to david , sam. . . ch . ver . . we know what use some men have made of this argument of providence , to justifie all the villanies they had a mind to act : but david , it seems , did not think that an opportunity of doing evil , gave him license and authority to do it . opportunity , we say , makes a thief , and it makes a rebel , and it makes a murderer : no man can do any wickedness , which he has no opportunity of doing ; and if the providence of god , which puts such opportunities into mens hands , justifies the wickedness they commit , no man can be chargeable with any guilt whatever he does ; and certainly opportunity will as soon justifie any other sin , as rebellion and the murder of princes . we are to learn our duty from the law of god , not from his providence ; at least , this must be a setled principle , that the providence of god will never justifie any action which his law forbids . and therefore , notwithstanding this opportunity which god had put into his hands to destroy his enemy , and to take the crown for his reward , david considers his duty , remembers , that though saul were his enemy , and that very unjustly , yet he was the lords anointed . the lord forbid , says he , that i should do this unto my master the lords anointed . to stretch forth my hand against him , seeing he is the lords anointed . nay , he was so far from taking away his life , that his heart smore him for cutting off the skirt of his garment . and we ought to observe the reason david gives , why he durst not hurt saul , because he was the lords anointed ; which is the very reason the apostle gives in the rom. , . because the powers are ordained of god ; and he that resisteth the power , resisteth the ordinance of god. for to be anointed of god , signifies no more than that he was made king by god. thus iosephus expounds being anointed by god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who had the kingdom bestowed on him by god ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who was ordained by god. for it seems by this phrase , he look'd upon the external ceremony of anointing to be like imposition of hands , which in other cases consecrated persons to peculiar offices . for this external unction was onely a visible signe of gods designation of them to such an office ; and when that was plain , they were as much god's anointed without this visible unction as with it . cyrus is called god's anointed , though he never was anointed by any prophet , but onely designed for his kingdom by prophesie , isai. . and we never read in scripture , that any kings had this external unction , who succeeded in the kingdom by right of inheritance , unless the title and succession were doubtful ; and yet they were the lord 's anointed too , that is , were plac'd in the throne by him . so that this is an eternal reason against resisting soveraign princes , that they are set up by god , and invested with his authority ; and therefore their persons and their authority are sacred . but yet there are some men , who from the example of david , think they can prove the lawfulness of a defensive , though not of an offensive war. for david , when he fled from saul , made himself captain of four hundred men , sam. . . which number soon increased to six hundred , sam. . . and still every day increased by new additions , chron. . . now why should he entertain these men , but to defend himself against the forces of saul ? that is , to make a defensive war whenever he was assaulted by him . . in answer to this , i observe , that david invited none of these men after him , but they came volunteers after a beloved captain and general ; which shews how formidable he could easily have made himself , when such numbers resorted to him of their own accord . . when he had them , he never used them for any hostile acts against saul , or any of his forces ; he never stood his ground , when he heard saul was coming , but always fled , and his men with him ; men who were never used to flie , and were very ready to have served him against saul himself , would he have permitted them . and i suppose they will not call this a defensive war , to flie before an enemy , and to hide themselves in caves and mountains : and yet this was the onely defensive war which david made with all his men about him : nay , all that he would make , and all that he could make , according to his professed principles , that it was not lawful to stretch out his hand against the lord 's anointed . and when these men are pursued , as david was , by an enraged and jealous prince , we will not charge them with rebellion , though they flie before him by thousands in a company . . yet there was sufficient reason why david should entertain these men , who voluntarily resorted to him , though he never intended to use them against saul : for some of them served for spies to observe saul's motions , that he might not be surprized by him , but have timely notice to make his escape . and the very presence of such a number of men about him , without any hostile act , preserved him from being seized on by some officious persons , who otherwise might have delivered him into saul's hands . and he being anointed by samuel to be king after saul's death , this was the first step to his kingdom , to have such a retinue of valiant men about him ; which made his advancement to the throne more easie , and discouraged any oppositions which might otherwise have been made against him ; as we see it proved in the event , and have reason to believe that it was thus ordered by god for that very end . it is certain , that gad the prophet , and abiathar the priest , who was the onely man who escaped the furie of saul when he destroyed the priests of the lord , were in david's retinue ; and that david enterprized nothing , without first asking counsel of god : but he who had anointed him to be king , now draws forces after him , which after saul's death should facilitate his advancement to the kingdom . . it is objected further , that david intended to have staied in keilah , and to have fortified it against saul , had not he been informed that the men of the citie would have saved themselves by delivering him up to saul , sam. . now to maintain any strong hold against a prince , is an act of war , though it be but a defensive war. and i grant it is so , but deny that there is any appearance that david ever intended any such thing . david and his men , by god's appointment and direction , had fought with the philistins , and smote them with a great slaughter , and saved keilah from them ; and as it is probable , did intend to have staied some time in keilah . but david had heard that saul intended to come against keilah , to destroy the citie , and take him ; and enquires of the lord about it , and received an answer , that saul would come against the citie . he enquires again , whether the men of keilah would deliver him up to saul , and was answered , that they would . and upon this , he and his men leave keilah , and betake themselves to the strong holds in the wilderness . but now is it likely , that if david had had any designe to have fortified keilah against saul , he would have been afraid of the men of the citie ? he had men with him in keilah , a victorious armie , which had lately destroyed the philistins who oppressed them ; and therefore could easily have kept the men of keilah too in awe , if he had pleased , and have put it out of their power to deliver him to saul . but all that david designed was , to have staid there as long as he could , and , when saul had drawn nigh , to have removed to some other place : but when he understood the treacherous inclinations of the men of keilah , and being resolved against all acts of hostilitie , he hastened his remove before saul drew near . so that these men must find some other example than that of david , to countenance their rebellion against their prince : for david never rebelled , never fought against saul ; but when he had a very potent armie with him , he and his men always fled , and hid themselves in the wilderness , and places of difficult access . the sum is this : god from the very beginning , set up such a supreme and soveraign power in the iewish nation , as could not , as ought not to be resisted . this power was at first in the hands of moses ; and when korah and his companie rebelled against him , god vindicated his authoritie by a miraculous destruction of those rebels : for the earth opened her mouth and swallowed them up . afterward , when they came into canaan , the ordinary exercise of this power was in their high-priests and iudges , whom god raised up ; whose sentence and judgment was final , and must not be resisted , under penaltie of death ▪ when the children of israel desired a king , this soveraign and irresistible power was transferred to him , and setled in his person . saul was the first king who was chosen by god , and anointed by samuel ; but for his disobedience , was afterwards rejected by god , and david the son of iesse was anointed king to succeed after saul's death : but in the mean time david was persecuted by saul , who sought after his life . and though he himself was anointed by god , and saul was rejected by him , yet he durst not resist nor oppose him , nor defend himself by force against the most unjust violence ; but fled for his life , and hid himself in caves and mountains . nay , when saul was delivered into his hands by god , he durst not stretch out his hand against the lord 's anointed . but to proceed in the story . solomon , david's son , who succeeded him in his kingdom , did all those things which god had expresly forbid the king to do . he sent into egypt for horses , kings . . he multiplied wives , and loved many strange women , ( together with the daughter of pharoah ) women of the moabites , ammonites , edomites , zidonians , and hittites , kings . . he multiplied silver and gold , chap. . contrary to the command of god. for this god ( who is the onely judge of soveraign princes ) was very angry with him , and threatens to rend the kingdom from him ; which was afterwards accomplished in the days of rehoboam : but yet this did not give authoritie to his subjects to rebel . if to be under the direction and obligation of laws , makes a limited monarchie , it is certain the kingdom of israel was so . there were some things which the king was expresly forbid to do , as you have already heard ; and the law of moses was to be the rule of his government , the standing law of his kingdom . and therefore he was commanded , when he came to the throne , to write a copy of the law with his own hand , and to read in it all his days , that he might learn to fear the lord his god , and to keep all the words of this law , and these statutes to do them , deut. , , . and yet he was a soveraign prince : if he broke these laws , god was his judge and avenger ; but he was accountable to no earthly tribunal . baasha killed nadab the son of ieroboam , and reigned in his stead , kings . , , . and for this and his other sins , god threatens evil against baasha , and against his house , chron. . zimri slew elah the son of baasha , and slew all the house of baasha ; but he did not long enjoy the kingdom , which he had usurpt by treason and murder : for he reigned but seven days in tirzah ; which being besieged and taken by omri , he went into the palace of the king's house , and burnt the king's house over him with fire , and died , v. . this example iezebel threatned iehu with : had zimri peace , who slew his master ? kings . . and yet nadab and elah were both of them very wicked princes . and if that would justifie treason and murder , both baasha and zimri had been very innocent . this is a sufficient evidence , how sacred and inviolable the persons and authority of the iewish kings were , during the time of that monarchie . but it will not be amiss , briefly to consider what obligations the iews were under to be subject to the higher powers , when they were carried captive into babylon . now the prophet ieremiah had given an express command to them , seek the peace of the city whither i have caused you to be carried away captives , and pray to the lord for it : for in the peace thereof ye shall have peace , jer. . which made it a necessary duty to be subject to those powers , under whose government they lived . and accordingly we find , that mordecai discovered the treason of bigthana and teresh , two of the king's chamberlains , the keepers of the door , who sought to lay hand on the king ahasuerus , esther . and how numerous and powerful the iews were at this time , and what great disturbance they could have given to the empire , appears evidently from the book of esther . king ahasuerus ; upon the suggestions of haman , had granted a decree for the destruction of the whole people of the iews ; which was sent into all the provinces , written and sealed with the king's ring . this decree could never be reversed again ; for that was contrary to the laws of the medes and persians . and therefore when esther had found favour with the king , all that could be done for the iews , was to grant another decree for them to defend themselves ; which accordingly was done , and the effect of it was this : that the iews at shusan slew three hundred men , and the iews of the other provinces slew seventy and five thousand , and rested from their enemies , esther , , . without this decree , mordecai did not think it lawful to resist , ( which yet was a case of as great extremity and barbarous cruelty , as could ever happen ) which made him put esther upon so hazardous an attempt , as to venture into the king's presence , without being called ; which was death by their law , unless the king should graciously hold out the golden scepter to them , esth. . and yet when they had obtained this decree , they were able to defend themselves , and to destroy their enemies ; which is as famous an example of passive obedience , as can be met with in any history . and therefore the prophet daniel acknowledges to belteshazzar , the most high god gave nebuchadnezzar thy father a kingdom , and majesty , and glory , and honour : and for the majesty that he gave him , all people , nations , and languages trembled and feared before him . whom he would he slew , and whom he would he kept alive ; and whom he would be set up , and whom he would he pulled down , dan. , . and if these heathen kings receive their power from god , as the prophet here affirms , st. paul has made the application of it , that he that resisteth , resisteth the ordinance of god. this may serve for the times of the old testament ; and i shall conclude these testimonies with the saying of the wise man , who was both a prophet and a king : i counsel thee to keep the king's commandment , and that in regard of the oath of god : be not hasty to go out of his sight , stand not in an evil thing ; for he doth whatsoever pleaseth him . where the word of a king is , there is power ; and who may say unto him , what dost thou ? eccl. , , . chap. ii. the doctrine of christ concerning non-resistance . let us now consider , what christ and his apostles taught and practised about obedience to soveraign princes ; whereby we may learn , how far christians are obliged by these laws of subjection and non-resistance . . i shall distinctly consider the doctrine of christ while he lived on earth : and here are several things very fit to be observed . . we have no reason to suspect , that christ would alter the rights of soveraign power , and the measures of obedience and subjection , which were fixt and determined by god himself . this was no part of his commission , to change the external forms and polities of civil governments , which is an act of secular power and authority , and does not belong to a spiritual prince . he who would not undertake to decide a petty controversie , or to divide an inheritance between two contending brethren , luke , . can we think that he would attempt any thing of that vast consequence , as the changes and alterations of civil power , which would have unsetled the fundamental constitutions of all the governments of the world at that time ? our saviour tells us , that he came not to destroy the law and the prophets , but to fulfil it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to fill it up , to compleat and perfect it , matth. . that is , to fulfil the ancient types and prophecies in his own person , to perfect an external and ceremonial , by a real and evangelical righteousness , to perfect the moral laws with new instances and degrees of vertue ; but he abrogated no moral law , and therefore not the laws of obedience and subjection to princes , which has always been reduced to the fifth commandment . nay , he abrogated no laws , but by perfecting and fulfilling them ; and therefore he could make no alteration in the doctrine of non-resistance , which is as perfect subjection as can or ought to be paid to soveraign princes . his kingdom was not of this world , as he told pilate : though he was a king , he neither was an enemy nor rival to caesar ; but had he absolved his disciples from their obedience to princes , had he made it in any case lawful to resist , ( which was so expresly forbid the iews by god himself , and which is such a contradiction to the very notion of soveraign power ) he had been somewhat worse than a rival to all the princes of the earth ; for though he had set up no kingdom of his own , yet he had pulled down theirs . whereas he took great care , that his religion should give no disturbance to the world , nor create any reasonable jealousies and suspicions to princes , who had been very excusable for their aversion to christianity , had it invaded the rights and royalties of their crowns . this makes it very improbable that our saviour should make any alterations in civil powers , or abridge the rights of soveraignty ; which is so foreign to his design of coming into the world , and so incongruous to the person which he sustained : and yet he could not alter the duties of subjects , but he must alter the rights of princes too ; he must take away the soveraign power of princes , at the same time that he makes it lawful for subjects in any case whatsoever to resist . we may safely then conclude , that our saviour has left the government of the world as he found it : he has indeed given such admirable laws , as will teach princes to govern , and subjects to obey better ; which is the most effectual way to secure the publick peace and happiness , to prevent the oppression of subjects , and rebellions against princes : but he has not interposed in new modelling the governments of the world , which is not of such consequence , as some men imagine . it is not the external form of government , but the fatherly care and prudence and justice of governours , and the dutiful obedience of subjects , which can make any people happy . if princes and subjects be good christians , they may be happy under most forms of government ; if they be not , they can be happy under none . had our saviour given subjects liberty to resist , to depose , to murder tyrannical princes , he had done them no kindness at all ; for to give liberty to subjects to resist , is only to proclaim an universal licence to factions and seditions , and civil wars ; and if any man can think this such a mighty blessing to the world , yet me thinks it is not a blessing proper for the prince of peace to give . but he who instructs princes to rule as god's ministers and vicegerents , and to express a fatherly care and concernment for the happiness of their subjects , and that teaches subjects to reverence and obey their prince , as the image of god , and quietly to submit and yield to his authority , and that inforces th●se laws both on princes and subjects in the name and authority of god , and from the consideration of the future judgment , when princes who abuse their power shall give an account of it to their great master , when subjects who resist shall receive to themselves damnation , and those , who patiently and quietly suffer for god's sake , shall have their injuries redrest , and their obedience rewarded : i say , such a person as this , takes a more effectual course to reform the abuses of civil power , and to preserve good government in the world , than all our wise politicians and state-menders , who think to reform the government of the world , by some statespells and charms , without reforming those who govern , and those who are governed . this our saviour has done , and this is the best thing that could be done , nay this was all that he could do in this matter . he never usurpt any civil power and authority , and therefore could not new model the governments of the world : he never offers any external force and compulsion to make men obey his laws , and therefore neither forces princes to rule well , nor subjects to obey ; but he has taken the same care of the government of the world , as he has done of all the other duties of piety and vertue ; that is , he has given very good laws , and threatned those who break them with eternal punishments : and as the laws and religion of our saviour prevail , so will the governments of the world mend , without altering the model and constitution of them . . but yet we have some positive evidence , what our saviour taught about obedience to the higher powers . i shall give you two instances of it , which are as plain and express , as can be desired . . the first is , that answer our saviour gave to the pharisees and herodians , when they consulted together to intangle him in his talk , matth. . &c. they come to him with great ceremony and address , as to an infallible oracle , to consult him in a very weighty case of conscience . they express a great esteem and assurance of his sincerity , and faithfulness , and courage , as well as of his unerring judgment , in declaring the will of god to them . master , we know that thou art true , and teachest the way of god in truth , neither carest thou for any man , for thou regardest not the person of man ; that is , thou wilt not conceal nor pervert the truth for fear nor favour : and then they propose an insnaring question to him . tell us therefore , what thinkest thou ? is it lawful to give tribute to caesar , or not ? they thought it impossible that he should give any answer to this , which would not make him abnoxious , either to the roman governours , if he denied that the iews might lawfully pay tribute to caesar , or to the pharisees and people , if he affirmed that they might : for there was a very potent faction among them , who thought it unlawful for the iews to own the authority or usurpations of any foreign prince , or to pay tribute to him , as to their king. they being expresly forbid by their law , to set a stranger over them for their king , who is not their brother , ( i. e , ) who is not a natural iew , deuter. . and it seems they could not distinguish between their own voluntary act in choosing a stranger for their king , [ which was indeed forbid by their law ] and their submitting to a foreign prince , when they were conquered by him . our saviour , who knew their wicked intention in all this , that they did not come with an honest design to be instructed in their duty , but to seek an advantage against him , expresses some indignation at it : why tempt ye me , ye hypocrites ? but yet to return them an answer to that their question , he bids them shew him the tribute-money , that is , the money in which they used to pay tribute , and inquires whose image and superscription it had . for coining of money was as certain a mark of soveraignty , as making laws , or the power of the sword. well , they acknowledge that the image and superscription on the tribute-money was coesars ; upon which he replies , render therefore unto coesar the things that are coesars , and unto god the things that are god's . the plain meaning of which answer is this , that since by the very impression on their money , it is evident , that coesar is their sovereign lord , they must render to him all the rights of soveraignty , among which tribute is one , as st. paul tells us , render therefore unto all their dues , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . rom. . whatever is due to soveraign princes , and does not interfere with their duty to god , that they must give to coesar , who at this time was their soveraign . in which answer there are several things observable . . that our saviour does not examine into coesar's right , nor how he came by this soveraign power ; but as he found him in possession of it , so he leaves him , and requires them to render to him all the rights of soveraignty . . that he does not particularly determine , what the things of coesar are , that is , what his right is , as a soveraign prince . hence some men conclude , that this text can prove nothing ; that we cannot learn from it , what our saviour's judgment was in this point ; that it is only a subtil answer , which those who askt the question could make nothing of ; which was a proper return to their ensnaring question . this , i think , is as great a reproach to our saviour , as they can well cast upon him , that he , who was the wisdom of god , the great prophet and teacher of mankind , should return as sophistical and doubtful answers , as the heathen oracles , and that in a case , which required , and would admit a very plain answer . it is true , many times our saviour , when he discourst of what concerned his own person , or the mysteries of his kingdom , which were not fit at that time to be publisht in plain terms , used a mystical language ; as when he called his body the temple , or he taught them by parables , which were not obvious at the first hearing , but still what he said , had a certain and determined sense , and what was obscure and difficult , he explained privately to his apostles , that in due time they might explain it to others ; but to assert , as these men must do , that christ gave them such an answer as signifyed nothing , and which he intended they should understand nothing by , shews that they are not so civil to our saviour as these pharisees and herodians were , who at least owned in complement , master , we know that thou art true , and teachest the way of god in truth , neither carest thou for any man , for thou regardest not the person of men . but certainly the pharisees did believe , that there was something in our saviour's answer ; for they marvelled , and left him , and went their way : and yet those who had wit enough to ask such ensnaring questions , could not be so dull as to be put off with a sophistical answer , ( an art below the gravity of our saviours person and office ) but would have urged it a little further , had they not been sensible , that they were sufficiently answered , and had nothing to reply . for indeed , can any thing be plainer than our saviour's answer ? they ask him , whether it were lawful to pay tribute to coesar ; he does not indeed in express words say , that they should pay tribute to coesar , but he gives them such an answer , as withal convinc'd them of the reason and necessity of it . he asks whose image and superscription was on the tribute-money ; they tell him coesar's ; from whence he infers , render therefore unto coesar the things that are coesar's . therefore ? wherefore ? because the tribute-money had coesar's image on it ; therefore they must render to coesar the things that are coesar's ; which certainly signifies , that tribute was one of those things which belonged to coesar , and must be rendred to him , as appeared by it's having coesar's image : not as if every thing that had coesar's mark and stamp on it , did belong to coesar , and must be given to him , ( as some men profanely enough , how wittily soever they imagine , burlesque and ridicule our saviour's answer ) for at this rate all the money of the empire , which bore his image , was coesar's ; but the money which was stampt with coesar's image , and was the currant money of the nation , was a plain sign , as i observed before , that he was their soveraign , and paying tribute was a known right due to soveraign princes ; and therefore the very money which they used , with coesar's image on it , resolved that question , not only of the lawfulness , but the necessity of paying tribute : and this was so plain an answer , that the pharisees were ashamed of their question , and went away without making any reply ; for they no more dared to deny that coesar was their king , than they thought he dared either to own or deny the lawfulness of paying tribute to coesar . and this was all the subtilty of our saviour's answer . but then our saviour not confining his answer meerly to the case of paying tribute , but answering in general , that we must render to coesar the things that are coesar's , extends this to all the rights of soveraign princes , and so becomes a standing rule in all cases , to give to coesar what is coesar's due . and when our saviour commands us to render to coesar the things which are coesar's , without telling us what coesar's things are , this is so far from making his answer doubtful and ambiguous , and of no use in this present controversie , that it suggests to us three plain and natural consequences , which are sufficient to end this whole dispute . . that our saviour did not intend to make any alteration in the rights of soveraignty , but what rights he found soveraign princes possest of , he leaves them in the quiet possession of ; for had he intended to make any change in this matter , he would not have given such a general rule , to render to coesar the things which are coesar's , without specifying what these things are . . and therefore he leaves them to the known laws of the empire to determine what is coesar's right . whatever is essential to the notion of soveraing power , whatever the laws and customs of nations determine to be coesar's right , that they must render to him ; for he would make no alteration in this matter . so that subjection to princes , and non-resistance , is as plainly determined by our saviour in this law , as paying tribute ; for subjection and non-resistance is as essential a right of soveraign power , and as inseparable from the notion of it , as any thing can be . so it is acknowledged by the laws and customs of nations , and so it is determined by the apostle st. paul , as i shall shew hereafter . . i observe farther , that when our saviour joyns our duty to our prince , with our duty to our god , render to coesar the things which are coesars , and to god the things which are god's , he excepts nothing from coesar's right , which by the laws of nations is due to sovereign princes , but what is a violation of , and an encroachment on gods right and soveraignty ; that is , we must pay all that obedience and subjection to princes which is consistent with our duty to god. this is the onely limit our saviour sets to our duty to princes . if they should command us to renounce our religion , and worship false gods ; if they should challenge divine honours to themselves , as some of the roman emperours did ; this we must not do , because it is to renounce obedience and subjection to god , who has a more soveraign power , and a greater right in us , than our prince : but all active and passive obedience , which is consistent with a good conscience towards god , and required of us by the laws of our country , and the essential rights of soveraignty , is what we owe to our prince , and what by our saviour's command we must render to him . this i hope is sufficient for the explication of our saviour's answer to the pharisees and herodians , which evidently contains the doctrine of obedience and subjection to princes , enforced on us by the authority of our saviour himself . . our saviour's rebuke to st. peter , when he drew his sword and struck a servant of the high priest and smote off his ear , is as plain a declaration against resistance , as words can make it , mat. . then said iesus unto him , put up thy sword into his place : for all they that take the sword , shall perish with the sword . for the understanding of which , we must consider upon what occasion st. peter drew his sword : for we must not think that our saviour does absolutely forbid the use of the sword ; which is to destroy all civil governments , and the power of princes , and to proclaim impunity to all the villanies which were committed in the world . the sword is necessary to punish wickedness , and to protect the innocent . in the hands of princes it is an instrument of justice , as st. paul tells us , that they bear not the sword in vain but are the ministers of god , revengers to execute wrath upon him that doth evil , rom. . in the hands of private persons it may be lawfully used in self-defence . thus our saviour , a little before his crucifixion , gave commission to his disciples to furnish themselves with swords , though they parted with their garment for the purchase , luke . which we may suppose was not designed as a meer modish and fashionable thing , but to defend themselves from the private assaults of robbers , and such-like common enemies , who , as iosephus tells us , were very numerous at that time . for no man wants authority to defend his life against him who has no authority to take it away . but the case of st. peter was very different : he drew his sword indeed in his master's defence , but against a lawful authority . the officers of the chief priests and pharisees came with iudas to the place where iesus was , to seize on him . this was a lawful authority , though employed upon a very unjust errand ; but authority must not be resisted , though in defence of the greatest innocence . men who draw their swords against lawful powers , shall perish with the sword . which does not signifie what the event shall always be , but what is the desert and merit of the action ▪ rebels may sometimes be prosperous , but they always deserve punishment ; and if they escape the sword in this world ▪ st. paul tells us , they shall receive damnation in the next . what can be said more expresly against resistance than this ? st. peter never could have drawn his sword in a better cause , never in the defence of a more sacred person . if we may defend oppress'd innocence against a lawful authority , if we may oppose unjust and illegal violence , if any obligations of friendship , gratitude , or religion it self could justifie resistance , st. peter had not met with this rebuke . what , should he tamely suffer his lord and master to be betrayed , the most admirable example of universal righteousness and goodness that ever appeared in the world ? shall one who had done no evil , who had neither offended against the laws of god nor men , who had spent his whole time in doing good , be so barbarously used , and treated like the vilest malefactor ? shall he who was so famous for miracles , who gave eyes to the blind , and feet to the lame ? shall he who was the great prophet sent from god to instruct the world , shall their dear master be haled away from them , and they stand by , and see it , & suffer it ? thus might s. peter have argued for himself . but though it was a very unjust action , yet it was done by a just authority : and lawful powers must not be resisted , though it were in defence of the saviour of the world . and if st. peter might not use the sword in defence of christ's person , there is much less pretence to fight for his religion : for though some call this fighting for religion , it is onely fighting for themselves . men may keep their religion , if they please , in despite of earthly powers ; and therefore no powers can hurt religion , though they may persecute the professors of it : and therefore when men take up arms to avoid persecution , it is not in defence of religion , but of themselves , that is , to avoid their suffering for religion . and if st. peter might not fight to preserve christ himself , certainly neither he nor we might take up arms to defend our selves from persecution . christ was the first martyr for his own religion ; his person was infinitely more sacred and inviolable than any of us can pretend to be . and if st. peter must not fight for christ , certainly we must not fight for our selves , though we absurdly enough call it fighting for our religion . and who were these powers st. peter resisted ? they were onely the servants and officers of the high-priest . the high-priest did not appear there himself ; much less pilate , much less caesar : and yet our saviour rebukes st. peter for resisting the inferiour officers , though they offered the most unjust and illegal violence . it seems , he did not understand our modern distinctions between the person and the authority of the prince ; that though his person be sacred , and must not be toucht , yet his ministers , who act by his authority , may be opposed . we may fight his navies , and demolish his garrisons , and kill his subjects , who fight for him , though we must not touch his person . but he is a mock - prince , whose authority is confined to his own person , who can do nothing more than what he can do with his two hands ; which cannot answer the ends of government . a prince is not meerly a natural , but a political person , and his personal authority reaches as far as his commission does . his officers and ministers of state , and commanders , and souldiers , are his hands , and eyes , and ears , and legs ; and he who resisteth those who act by his commission , may as properly be said to resist the personal authority of the prince , as if he himself were present in his natural person , as well as by his authority . thus our saviour , it seems , thought , when he rebuked st. peter for striking a servant of the high-priest , and smiting off his ear . and if s. peter were rebuk'd for this , how comes the pope to challenge the sword in s. peter's right , when our saviour would not allow s. peter to use it himself ? and if st. peter might not draw his sword against an inferiour officer , by what authority does the pope pretend to dispose of crowns and scepters , and to trample on the necks of the greatest monarchs ? and i suppose the presbyter can challenge no more authority than the pope . whether they will allow st. peter to have been a bishop or presbyter , this command to put up his sword , equally concerns him in all capacities , and ought to secure soveraign princes from the unjust usurpations and treacherous conspiracies both of geneva and rome . there is but one objection , that i know of , against all this from the doctrine of our saviour , and that is , that he seems to disallow that very authority which is exercised by secular princes ; and therefore cannot be thought such a severe preacher of obedience & subjection : for authority and subjection are correlates , they have a mutual respect to each other ; and therefore they must stand or fall together . there is no authority where there is no subjection due , & there can be no subjection due where there is no authority . and yet this is the doctrine which christ taught his disciples , mat. , , , v. ye know that the princes of the gentiles exercise dominion over them , and they that are great , exercise authority upon them . but it shall not be so among you : but whosoever will be great among you , let him be your minister . and whosoever will be chief among you , let him be your servant . even as the son of man came not to be ministred unto , but to minister , and to give his life a ransom for many . this text has been press'd to serve as many ill purposes , as most texts in the bible ; and therefore deserves to be carefully considered . some hence infer , that it is unlawful for a christian to be a magistrate , or a king. as if our saviour either intended that humane societies should be deprived of the advantages of government , which is the greatest temporal blessing and security to mankind ; or had made it necessary that some men should continue heathens and infidels , that they might govern christians : which i doubt would be a sore temptation to many to renounce christianity , if they could gain a temporal crown by it . others from hence conclude , that there must be no superiority of degree between the ministers of the gospel , but they must be all equal ; as if because the apostles were to be all equal , without any superiority over each other , therefore they were to have no superiority over inferiour ministers . as if because the apostles might not exercise such a secular power and soveraignty as the kings of the gentiles did , therefore there must be no different degrees of power in the ministers of the church ; that is , that because secular and spiritual power differ in the whole kind , therefore there are no different-degrees of spiritual power . as if christ himself were not superiour to his apostles , because he did not assume to himself the secular authority of earthly princes , but came not to be ministred unto , but to minister , as he commands them to do according to his example . others conclude , that at least christian princes must not usurp such a soveraign , and absolute , and uncontroulable power as the princes of the gentiles did , but must remember that they are but the publick servants and ministers of the commonwealth , and may be resisted , and called to an account by their people for the male-administration of government . but how they infer this , i confess , i cannot tell : for it is evident our saviour does not here speak one word in derogation to that civil power and authority which was exercised by secular princes . he tells us indeed , that the princes of the gentiles exercise dominion over them , and they that are great , exercise authority upon them : but does he blame the exercise of this authority ? does he set any narrower bounds or limits , than what the heathen princes challenged ? by no means ; he says not one word of any such matter . st. matthew indeed expresses this power of princes by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which some think intimates the abuse of their authority : but st. luke renders it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which onely signifies the exercise of soveraign power . and though most of the roman emperours were guilty of very great miscarriages in government , yet our saviour onely refers to that lawful authority wherewith they were invested , not to the abuse of it : and therefore he takes notice of that honourable title which was given to many roman emperours , that they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or benefactors ; which certainly does not argue his dislike of civil authoritie . but all that our saviour tells his disciples is , that it should not be so among them , that they should not exercise such a secular power and authoritie as earthly princes do . now is it any disparagement to kingly power , to tell a bishop that he must not exercise such a soveraign authoritie over the church , as the prince does over the state ? which is the whole of what our saviour intended in this place . for the occasion of these words , st. matthew tells us , was to check that vain ambition of zebedee's two sons , who came to christ , and employed their mother to ask of him , that one might sit on his right hand , and the other on his left hand , in his kingdom ; that is , that they might have the greatest places of dignitie and power next himself . st. luke tells us , that it was to compose that strife and contention which was among them , which of them should be accounted the greatest ; which most likely refers to the same story , though it is plain they quarrelled more than once about this matter . and the occasion of all these quarrels , was a mistake of the nature of christ's kingdom . they , as well as the rest of the iews , expected their messias should be a temporal prince ; and they being convinced by the miracles of christ , that he was indeed the messias who was to come , they lived in dayly expectation when he would take the kingdom upon himself ; and then they did not doubt but that they should be the chief ministers of state , and have the greatest places of trust and power in his kingdom : & this made them jealous of each others greatness , and so forward to bespeak preferments for themselves . now to cure these earthly ambitions , he tells them , that his kingdom was no such thing as they dreamt of , and that he had no such preferments for them as they expected . earthly princes lived in great pomp and splendour , and had great places of trust and honour to bestow on their servants ; but they saw no such thing in him : he came not to be ministred unto , but to minister , to live a mean , industrious , and laborious life , and to die as a malefactor , and give his life a ransom for many . and they could not expect by being his servants , to be advanced to secular power and authoritie , which he had not himself ; but when he came into his kingdom , they should indeed share with him in his power and authoritie ; they should sit upon twelve thrones , judging the twelve tribes of israel ; that is , they should have the supreme authoritie in his church , which is his spiritual kingdom . but there was nothing of external state and grandeur in this , as they expected ; but it was a life of humilitie and modestie , and contempt of this world , and earthly greatness . the greatest ministers in his kingdom must be as humble as a child , as he elsewhere tells them , and as diligent and industrious , and condescending , as the meanest servant , and should very often differ nothing from servants in their external fortune and condition of life . this is the sum of what our saviour here teaches his disciples ; and he is a wonderful man , and very quick-sighted , who can discover any reflection on civil power and authoritie in all this . i shall onely observe farther , that when our saviour calls them here , the princes and kings of the gentiles or nations , he does not speak this in disparagement of them , that they were onely heathen and infidel princes , who did this : for there were no other princes at that time in the world . heathen and pagan princes sounds now as a note of infamie , whereby they are distinguished from christian kings and princes ; but the kings of the gentiles or nations in our saviour's time , signified no more than soveraign princes , who were invested with civil authoritie : and our saviour onely distinguishes between that civil power and authoritie which was exercised by secular princes , and that spiritual kingdom which he was now about to erect in the world ; and the distinction had been of the same force , though there had been at that time jewish or christian , as well as heathen princes . still the difference between civil and ecclesiastical authoritie is the same ; and no apostle or bishop , as such , can challenge the power or authoritie of earthly princes , or any share in it . chap. iii. what we may learn from our saviour's practice about non-resistance . having seen what the doctrine of our saviour was , let us now consider his practice . and we need not doubt but our saviour lived , as he preacht . he taught his disciples by his example , as well as by his laws . his life was the best comment upon his sermons , was a visible lecture of universal righteousness and goodness ; and it is impossible to conceive a more perfect and absolute example of subjection and non-resistance , than our saviour has set us . when our saviour appeared in the world , the iews were very weary of the roman yoke , and in earnest expectation of their messias , who , as they thought , would restore the kingdom again unto israel ; and this expectation of their messias , whom they mistook for a temporal prince , made them very apt to joyn with any one , who pretended to be the messias , and to rebel against the roman government . such most likely were theudas and iudas of galilee , of whom we have mention , acts , . and it is not impossible but the aegyptian , who led men into the wilderness , acts . either pretended to be the messias , or some fore-runner of him : to be sure , such were those false christs , and false prophets , of whom our saviour warns his disciples , matth. . then if any man shall say unto you , lo here is christ , or there , believe it not . this being the temper of the iewish nation at that time , so extreamly inclined to seditions , and rebellion against the roman powers , how easie had it been for our saviour , had he pleased , to have made himself very potent and formidable ! how easie could he have gained even the scribes and pharisees to his party , ( whose great quarrel was at his meanness and poverty ) would he once have declared himself a temporal prince , and invaded the throne ! but he was so far from this , that when he perceived the people had an intention to take him by force and make him a king , he withdrew himself privately from them , and departed into a mountain himself alone , iohn . and yet i presume , there might have been as many plausible pretences to have justifyed a rebellion then , as ever there were in any nation since . he had at that time fed five thousand men , besides women and children , with five barley loaves and two small fishes ; and what a formidable enemy would he have been , who could victual an army by miracles , and could , when he pleased , conquer by the same miraculous power also ! this the people , whom he had miraculously fed , were very sensible of and did hence conclude , that he was the prophet that should come into the world , and that it was time to take him ; and set him upon the throne : but though our saviour was indeed the messias , yet he was not such a messias , as they expected ; he was not a temporal prince , and therefore would not countenance their rebellion against coesar , though it were to make himself a king. it is sufficiently known , that christ submitted to the most unjust sentence , to the most ignominious and painful death , rather than resist the higher powers , though he could so easily have called for legions of angels to his rescue . but he went as a lamb to the slaughter , and as the sheep before the shearer is dumb so he opened not his mouth : when he was reviled , he reviled not again ; when he suffered he threatned not , but committed himself to him who judgeth righteously . he rebuked peter , when he drew his sword in his defence , and tells pilate the reason , why he was so easily apprehended , and used at their pleasure , without any resistance and opposition , though he had been formerly attended with such crouds of his disciples ; because he was no temporal prince , and therefore did not require his disciples to fight for him , as other temporal princes used to do . iesus answered , my kingdom is not of this world : if my kingdom were of this world , then would my servants fight , that i should not be delivered to the iews ; but now is my kingdom not from hence , iohn . which plainly shews , that our saviour's subjection was not matter of force and constraint , because he wanted power to resist ; but it was matter of choice , that which was most agreeable to the nature of his kingdom , which was not to be propagated by carnal weapons , but by suffering and death . and when our saviour has set us such an example as this , it is wonderful to me , that any , who call themselves his disciples , can think it lawful to rebel against their prince , and defend themselves from the most unjust violence by a more unjust resistance . but there are few men , who are contented to follow christ to the cross ; they do not like that part of his example , and are willing to perswade themselves , that they are not bound to imitate it . and there are two things , which i find urged by some men to this purpose , which must be briefly considered . . that it is no wonder , that christ suffered patiently and quietly without resisting the most unjust violence , because he came into the world to die , and to make his soul an offering for sin . and how could so innocent a person die , but by the hands of unjust and tyrannical powers ? and it was inconsistent with his design of dying for sin , to resist and oppose . this is the account our saviour himself gives of his patient suffering . when st. peter drew his sword in his defence , he tells him , thinkest thou , that i cannot now pray to my father , and he shall presently give me more than twelve legions of angels ? but how then shall the scriptures be fulfilled , that thus it must be ? matth. . . and the cup which my father has given me , shall i not drink it ? iohn . but what is this now to us ? our saviour did not resist the most unjust and tyrannical powers , because god had decreed he should die by their hands , and he came into the world for this very purpose ; but has god as peremptorily decreed , that we must suffer also by unjust violence ? were we born for this very end , to suffer death by herods and pontius pilates ? to be the slaves and vassals , the scorn and the triumph of insolent tyrants ? certainly god had a greater care and regard for mankind than so : and then our case is very different from our saviour's ; and though he died patiently , we may defend our lives , and our liberties , which are as dear as our lives , if we can . . and therefore they add , that christ took upon himself the person not only of a private man , but of a servant , that he might make us free , and that not only as to our spiritual , but as to our civil liberties , as the virgin mary sings ▪ he hath shewed strength with his arm , he hath scattered the proud in the imagination of their heart : he hath put down the mighty from their seats , and hath exalted them of low degree , luke , . which they think , does not signifie that christ has established tyrants in their thrones , and subjected christians to the vilest slavery . as christ has taught us by his example to bear servitude and sufferings with an equal mind , when we cannot help it ; so he has not forbid us to vindicate and recover our natural rights and liberties , when we can , according to the express direction of st. paul , art thou called being a servant ? care not for it : but if thou mayest be made free , use it rather . ye are bought with a price , be not ye the servants of men , cor. . , . now in answer to this , we may consider in general , that if all this proves any thing , it proves , that christ did not intend , that his sufferings should be an example to us : and yet st. peter expresly tells us , that he did ; christ also suffered for us , leaving us an example , that we should follow his steps : & wherein we must imitate christ in suffering , he tells us in the same place , viz. in suffering wrongfully , in taking it patiently , when we do well , and suffer for it , pet. . , , . and i think st. peter's authority in this case is better then all the arguments that can be urged against it ; and therefore whether we could answer these arguments or no , yet it is evident , that they are not good , because they prove that which is manifestly false , that christ is not our example in suffering , when st. peter tells us , that he is : but yet it is a mighty satisfaction , not only to know , that an argument is false , but to discover , wherein the fallacy consists ; and therefore i shall give a more particular answer to these objections . . as for their first argument , that christ came into the world on purpose to die as a sacrifice for sin , and therefore it was inconsistent with his design , and the person he undertook , to resist and oppose , had it been never so lawful to resist ; i grant it is very true , but yet this does not prove , that he cannot be our example in suffering . for , . this is not the only reason our saviour gives of his non-resistance , and patient suffering . he gives peter another reason , because it is unlawful to draw the sword against a just authority , though our cause be never so just : put up thy sword again into his place , for all they that take the sword shall perish by the sword ; which i have already explained to you at large . so that our saviour acknowledges it as unlawful to resist a lawful authority , as it was inconsistent with his design of dying for the sins of men ; and herein certainly he is fit to be our example , in not resisting a lawful authority in his own defence . . i grant , it had not been agreeable to the person which our saviour took , to have avoided death by a forcible resistance ; but then our saviour voluntarily took such a person , as was fit to be an example to us . his person and his religion were very well suited to each other ; a meek , humble , suffering person , to be an example of a meek , humble and suffering religion . his person and external circumstances of his appearance were on purpose fitted to his religion ; and it is none of the least wonders of the divine wisdom , that the work of our redemption was accomplisht in such a mysterious way , as at once made our saviour the author of our redemption , and an example of all the graces and vertues of the christian life . might not these men , if they pleased , by the same argument prove , that christ is not to be our example in meekness and poverty , and contempt of this world , and forgiving enemies , &c. because he came into the world on this design , not to be ministred unto , but to minister ? he chose a mean and low fortune ▪ and all the affronts and indignities he suffered , were part of his voluntary humiliation , and therefore it became him to bear them patiently , and to forgive them , as much as it did to die patiently by wicked hands ; but there is not the same reason for us to do so : and thus it will be hard to find any thing , wherein christ is to be our example , because the very reason of his coming into the world , the manner and circumstances of his appearance , all that he did and suffered , may be resolved into the decree and appointment of god , and his voluntary undertaking , and the accomplishment of ancient types and prophecies ; and therefore he is no more to be an example to us , than a man who acts the part of a beggar or of a prince , is to be an example to all that see him . but methinks it is worth considering , why christ chose such a person as this . why he was born of mean and obscure parents , and chose a poor and industrious life , and an accursed and infamous death ? was it impossible for infinite wisdom to have laid a more glorious and triumphant scene of our redemption ? was there no possible way , but the condescension and sufferings of his own son ? let those say that , who dare venture to determine , what infinite wisdom can do . it is enough for me to know , that christ took such a mean and suffering person upon him , because it was most agreeable to the religion , which he preacht , and of which he was to be an example ; and therefore though christ suffered for other reasons , and to other ends and purposes , than we do or can suffer , yet his sufferings are an example to us , because god chose to save and redeem us by the sufferings of his son , not only that he might expiate our sins by his blood , but also that he might be an example to us of meekness , and patience , and submission to the divine will , and subjection to government , even in the most unjust and infamous sufferings . . we may consider further , that christ's suffering in obedience to the will and appointment of god , does not make him unfit to be our example . for though god has not so peremptorily decreed , that all christians should suffer , as he did that christ should suffer , yet whenever we are called forth to suffer , ( as we always are , when we cannot avoid suffering without resisting a lawful authority ) our sufferings are as much the effects of god's decree and appointment , as the sufferings of christ were ; and in such cases every christian may , and ought to say , as his lord did , the cup which my father hath given me ▪ shall i not drink it ? thus st. peter expresly tells the christians to whom he wrote , and gives it as a reason , why they should suffer patiently , even for doing well . for even hereunto were you called , because christ also suffered for us , leaving us an example , that we should follow his steps , pet. . . now calling in the new testament signifies the choice and election of god , and always supposes a divine decree , appointment , and constitution , as the foundation of it . thus st. paul tells us , that the gifts and calling ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) of god are without repentance , rom. . that is , that decree he made to choose the pesterity of abraham for his people , which still intitled all those of them to the blessings of the gospel , who would believe in christ. thus the state of christianity is our calling , and holy calling , tim. . . heb. . because it is the way and means god hath chosen and appointed for the salvation of mankind : and christians are often stiled the called , because god has now decreed to chuse all the sincere disciples of christ , as he formerly did the posterity of abraham , to be his peculiar people ; and throughout the scriptures of the new testament , god is never said to call , nor any one to be called of god , but with respect to some divine decree and constitution ; and therefore when st. peter tells the christians , that they are called to suffer , it signifies that god has appointed them to it , by his positive will and decree . this st. paul discourses more at large in his epistle to the romans , and comforts them under their sufferings from this very consideration , that the sufferings which they underwent , were not the effects of meer chance and accident , nor of the wickedness and injustice of men , nor barely of gods permission , but of his decree and appointment ; and therefore they might certainly conclude , that what ever their sufferings were , they should turn to their good , rom. , , . and we know that all things work together for good to them that love god , to them that are called according to his purpose , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to those who are called , that is , to suffer , which is the argument the apostle is discoursing of , according to his will and pleasure and appointment . sufferings are not for the good of all profest christians , for they may tempt hypocrites to renounce their religion , and great and severe sufferings may be too powerful a temptation for weak though sincere christians ; and therefore when the rage and malice of men boils and swells , god sets bounds to it , and does not suffer these persecutions and afflictions promiscuously to light upon all christians , but exerciseth a very particular providence in chusing out fit persons to suffer , in directing the storm and tempest of persecution to fall where he pleases , upon such persons , who are armed with saith and patience to resist its fury , and to bear and conquer its rage . and such persons , who are thus appointed , who are thus called by god to suffer , shall be sure to conquer , and to receive the reward of conquerours . for thus the apostle adds , for whom he did foreknow , he also did predestinate to be conformed to the image of his son , that he might be the first-born among many brethren . this conformity to the image of christ in this place , does plainly signifie a conformity to him in sufferings , as is evident from the whole scope of the place . some persons it seems there are , whom god does predestinate or fore-appoint to be conformed to the sufferings of christ : for this is not the actual portion of all christians , though it is the condition of our discipleship ; and they are those whom he did foreknow . now the fore-knowledge of god includes his choice and election ; he chuses out of the body of christians , some fit persons to make his martyrs and confessors , to be examples of faith and patience and courage to the world , and whom he did predestinate , them he also called ; and whom he called , them he also justified ; and whom he justified ▪ them he also glorified ; that is , those persons whom god thus chuses , and preordains to suffer as christ did , in time he calls forth to suffer ; and when he does so he justifies them , that is , he brings them off with triumph and victory , and owns and applauds their faith and patience . for so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes signifies ; and therefore to be justified , is expounded by to conquer and overcome ▪ rom. . that thou mightest be justified ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) in thy sayings , and mightest overcome when thou art judged . and indeed this is properly to be justified in any trial or combate , to overcome and conquer ; and that god who gives the victory , gives the reward too ; and whom he justifies , them he also glorifies : which seems to refer not to those rewards which are common to all christians , but to some peculiar degree of glory , which is prepared for such conquerours , as the apostle speaks ; if so be , that we suffer with him , that we may be also glorified together , v. so that though god has not made us slaves and vassals to the humour of every tyrant , yet all the afflictions and sufferings of christians , especially those , which befal them on the account of religion , are as particularly ordered and determined by god , as the sufferings of christ himself were : and therefore there is no difference upon this account between the sufferings of christ , and the sufferings of his disciples ; and therefore though christ came into the world on purpose to suffer in obedience to the divine will , this does not make him ever the less fit to be an example to us . nay , his obedience to the will of god in suffering the hardest things from the most unjust and tyrannical powers , is an example to us of the same patient suffering , and submission to the will of god. it is true , none of us in particular can know that god has decreed , that we shall suffer such or such things , and from such or such hands , as our saviour did ; but yet this we know , that it is god's will and pleasure , that we should patiently endure those sufferings , which we cannot avoid without sin ; and since he has forbid us by express laws to resist the higher powers , whatever sufferings cannot be avoided without resistance , it is god's will and pleasure , that we should submit to them . and since none of these sufferings , which are unavoidable to us , befal us without the particular decree and appointment of god , we have reason in imitation of our great master , to submit to them with the same cheerfulness and self-resignation as he did . there is something indeed in the example of our saviour , which in our circumstances we are not bound to imitate . for he punctually knowing , what god's will and pleasure was concerning him , voluntarily chose that condition , which he so well knew , god had allotted for him . he freely chose a mean and servile fortune , he chose suffering and death ; when his time of offering up himself was come , he went up to ierusalem on purpose to die there : but we are not bound to choose poverty and disgrace and suffering , we are not bound voluntarily to deliver up our selves into the hands of tyrants and persecutours , who thirst after our blood. we may and ought to use all just and honest arts to make our condition easie and comfortable in the world , and to avoid the rage and fury of bloody men , because we cannot tell , that it is the will and appointment of god , that we shall suffer , till our sufferings are unavoidable ▪ and then when we must either suffer or sin , when we must either renounce our religion , or resist the powers , we must embrace suffering and death , as that portion , which god has allotted for us . i shall onely observe , by the way , what a mighty security this is to all good christians , how absolute or tyrannical soever the power be under which they live ; that they are safe in god's hands , and all the powers of men and devils cannot touch them , till god by a positive decree appoints and orders their suffering . there could not be greater nor more absolute tyrants than the roman emperours were at this time , and yet they had no power over the meanest christian , but by an express commission from heaven . this is the special priviledge of the christian church above the rest of mankind , that they are god's peculiar care and charge ; that he does not permit any sufferings or persecutions to befal them , but what he himself orders and appoints . it is a great security to the world , that there is no evil happens to men but what god permits , and that he permits nothing but what he can over-rule to wise and good ends ; but it is a greater happiness to have our condition immediately allotted by god. god may permit a great many evils to befal us in anger and displeasure ; but when he takes us into his immediate protection , and under his own government , whatever evils he appoints for us , whoever are the instruments of them , are certainly for our good : and therefore there is no such danger in the doctrine of non-resistance , as some men imagine . how absolute soever this may be thought to render princes , sincere christians can suffer nothing by it : for they shall suffer nothing , more nor less , than what god appoints for them to suffer . . it is also urged against the obligation of our saviour's example to suffer as he did , that christ by his state of servitude and sufferings , has purchas'd liberty for us ; and that not onely a spiritual and internal , but an external and civil liberty . we are no longer bound to submit to usurping and tyrannical powers , when we have strength and power to deliver our selves from that necessity . there is no help for it , but men who are weak and unable to resist , must obey and suffer ; but this is matter of force , not of duty : we are now bought with a price , and therefore must not chuse a state of subjection and servitude to men . . now in answer to this , we may consider first , that this obedience and subjection to soveraign princes , either was a duty before christ's appearing in the world , or it was not . if it were not , then our deliverance from this subjection to princes , is no part of that liberty which christ has purchas'd for us , because it was the natural right of mankind before ; and therefore there was no need of christ's dying to purchase this , which he cannot give us a greater right to than we had before his death . if subjection and non-resistance were our duty before , and ceases to be our duty now , then christ by his death has cancelled the obligations of our duty , and purchas'd a liberty and freedom not to do that now which by the laws of god or nature we were bound to do before ; that is , christ by his death has abrogated not onely the ceremonial , but some moral laws ; which i shew'd you before was contrary to the nature and designe of his undertaking . . it is strangely unaccountable , how obedience to any law should abrogate and cancel it . how christ by subjection to the higher powers , should for ever after deliver his disciples from the necessity of subjection , and make them free from the authority and government of princes , whenever they dislike their government . a typical law may be fulfilled and receive its just accomplishment , and then its obligation ceases . thus the death of christ fulfilled the levitical sacrifices , and put an end to them : but the authority of a moral law is confirmed and strengthened , not abrogated and disanulled by great examples . when christ quietly and patiently submitted to the most unjust sentence , in obedience to lawful authoritie , he either did well or ill in it : if he did ill , his example indeed is not to be imitated ; but if he did well , how did his doing well deliver us from the obligation of doing well ? did his doing well , make it ill for us to do as he did ? why did not his perfect and unsinning obedience as well deliver us from the obligation of all the other laws of god , as from obedience and subjection to princes ? the antinomians indeed are so absurd as to say , that christ fulfilled all righteousness in our stead , and that every believer has fulfilled the law in christ ; and therefore is not bound to fulfil it in his own person as a condition of life and salvation . but yet they are not so absurd as to say that christ by the righteousness of his life and death , has altered the nature of good and evil , and cancelled any one law of god. the law is in force still , and the dutie is the same ; but the law cannot take hold of them , nor exact a personal righteousness from them , because they have already fulfilled the law in christ. but now these men must say , that christ has not onely fulfilled the law of subjection and non-resistance , as a condition of salvation , but has cancelled it as a rule of life . . the death of christ could not purchase any civil rights or liberties which we had not before , nor make any change in the external fortunes or conditions of men . the death of christ is represented in scripture either as an atonement or expiation of sin , or as the purchase and seal of the new covenant . now how does the death of christ , by expiating our sins , deliver us from subjection to our civil governours ? what connexion is there between the expiation of our sins , and our freedom from the authoritie of princes , that he who does one , must be supposed to do the other ? and as for the new covenant , where does that grant any new franchises and liberties to subjects ? let them produce their new charter to justifie their exemption from subjection to princes ; let them shew any one saying in the gospel of our saviour , if they can , to that purpose . what the doctrine of christ is , you have already heard ; and when christ died to confirm the new covenant in his bloud , it is absurd to say that he has purchased any liberties for us , but what he has expresly granted to us in his gospel . he does indeed promise libertie & freedom to his subjects , but it is a libertie of another nature ; a libertie from the power and dominion of sin . ye shall know the truth , and the truth shall make you free , john . that is , the power of the gospel-revelation should deliver them from the empire of their lusts , and give them the true government and masterie of themselves : and therefore he adds , verily , verily , i say unto you , whosoever committeth sin , is the servant of sin . and the servant abideth not in the house for ever : but the son abideth for ever . if the son therefore shall make you free , ye shall be free indeed , , , v. but does not st. paul advise the corinthians to assert even their civil and political freedom when they can , and that from this argument , that they are the freemen of christ ? which seems to intimate , that there is such a connexion between our spiritual and civil liberties , that it does not become christ's freemen to be slaves and servants unto men . cor. . , , v. art thou called , being a servant ? care not for it : but if thou mayest be made free , use it rather . for he that is called in the lord , being a servant , is the lord 's free man : likewise also he that is called , being free , is christ's servant . ye are bought with a price , be not the servants of men . but what is it they would prove from these words ? that our subjection to men is inconsistent with our freedom in christ ? that the apostle expresly denies . for he that is a servont , is christ's freeman . or that christ , when he made us free , did deliver us from the subjection of men ? not that neither . for he does not advise christian servants to leave their masters , as he might and ought to have done , if christ had bestowed this civil libertie on them ; but he was so far from this , that when onesimus had run away from his master philemon , and was converted by st. paul , and proved very useful and serviceable in the ministrie , yet he would not detain him from his master , without asking his leave : which occasioned the epistle to philemon , as you may see , , , &c. and in this place he advises the christian servants not to be concerned at their being servants ; which was no injury at all to their christian libertie : but if they could procure their libertie by any fair and just means , they should chuse to do it ; which is upon many accounts more desirable , especially when christians were servants to heathen masters , as it often was in those days . but does not the apostle expresly tell them , ye are bought with a price , be not ye the servants of men ? yes , he does : but sure this cannot signifie that servants should cast off the authoritie of their masters . for that is directly contrary to what he had advised them before , and contrary to his own practice in the case of onesimus , whom he sent back to his master philemon . but all that i understand by it , is this ; that those christian servants who could not obtain their freedom , should yet take care not to be servants to the lusts and passions of their heathen masters . for though a state of civil bondage and slavery is not inconsistent with their christian libertie , yet to be ministers and servants to the vices of men , is : and therefore when they lay under any such temptation ( as christians who served heathen masters could not long escape it ) they must then remember that they are christ's freemen , who were bought with a price ; and therefore must neither be servants to their own lusts , nor to the lusts of other men . and the reason why i chuse this sence of the words , is this ; because the apostle opposes being bought with a price , that is , their being redeemed by christ , or being christ's freemen , to their being the servants of men , as inconsistent with each other . and therefore their being the servants of men , cannot be understood of civil servitude , which he before had told them was not inconsistent with their christian libertie , but of being servants to the vices of men . but what now is all this to subjection to soveraign princes ? does the apostle exhort the christians too to throw off the civil powers ? it was possible for a christian servant to purchase his libertie , or to obtain it some other lawful ways ; but how can subjects deliver themselves from the authoritie of princes ? unless they go into some country where there is no government , or resist and rebel against the higher powers where they are : neither of which is agreeable to our apostles doctrine , who would not allow servants to run away from their masters , much less rebel against them to procure their libertie . nor was the case the same between christian subjects and soveraign princes , and between masters and servants ; and therefore neither is the reason the same , why subjects should desire freedom from the higher powers . servants in those days were slaves and vassals , and were kept in such constant attendance on their masters , that it must needs be very difficult ; besides the other temptations they were exposed to , to gain any time or libertie for attending on christian worship , and the instructions of the church . but christian subjects are more at their own disposal , even under heathen princes ; and have all that libertie , excepting the case of persecution , which is necessary for the purposes of religion ; which yet is the onely reason intimated here , why the apostle advises servants to procure their freedom , if they can . to conclude this argument ; there were a sort of men , even in the apostles days , who boasted mightily of their christian libertie , and thought scorn for a christian either to be a servant or a subject . for this reason st. paul in this place instructs servants , that their christian libertie is not injured by their being servants : for this reason are there such frequent directions to servants to obey their masters . for this reason does st. peter caution the christians against this pretence of christian libertie , which some abused then , as they do still , to the disturbance of civil governments ; as free , but not using your liberty for a cloak of maliciousness , but as the servants of god. chap. iv. what st. paul preached about non-resistance of the higher powers . having thus concluded what the doctrine and example of our saviour was , about subjection to the higher powers ; let us now consider the doctrine and example of his apostles . not as if the authority and example of our saviour were not sufficient of it self to make a law , but stood in need of the confirmation and additional authority of his own apostles ; but we might justly suspect our selves mistaken in the meaning of our saviour's words , or in the intention and design of his sufferings , had none of his apostles , who were immediately instructed by himself , and acquainted with the most secret mysteries of his kingdom , ever preacht any such doctrine as this , of subjection to princes . and therefore to give you the more abundant assurance of this , i shall plainly shew you , that the apostles taught the same doctrine , and imitated the example of their great master . i shall begin with st. paul , who has as fully declared himself in this matter , as it is possible any man can do by words , rom. , . let every soul be subject unto the higher powers ; for there is no power but of god : the powers that be , are ordained of god whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . this is a very express testimony against resistance , and therefore i shall consider it at large ; for there have been various arts used to pervert every word of it , and to make this text speak quite contrary to the design and intention of the apostle in it : and therefore i shall divide the words into three general parts . . the doctrine , the apostle instructs them in : let every soul be subject to the higher powers . . the reason whereby he proves and inforces this doctrine : for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god. . the punishment of such resistance : and they that resist , shall receive to themselves damnation . . i shall begin with the doctrine , that every soul must be subject to the higher powers . and here are three things to to be explained . . who are contained under this general expression of every soul. . who are meant by the higher powers . . what is meant by being subject . . who are contained under this general expression of every soul , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which by an ordinary hebraism , signifies every man. for man is a compounded creature of body and soul , and either part of him is very often in scripture put for the whole . sometimes flesh , and sometimes soul signifies the man ; and when every soul is opposed to the higher powers , it must signifie all men , of what rank or condition soever they be , who are not invested with this higher power . popes and bishops and priests , as well spiritual as secular persons ; the whole body of the people , as well as every single individual . for when every soul is commanded to be subject , without any exception or limitation , this must reach them in all capacities and conditions . the design of the apostle , as you shall hear more presently , was to forbid all resistance of soveraign princes ; and had he known of any men , or number of men , who might lawfully resist , he ought not to have exprest it in such general terms , as to forbid all without exception . had st. paul known the prerogative of st. peter , and his successors the bishops of rome , would he have written to the christians of rome to be subject to their emperours , without making any provision for the greater authority of their bishops ? the reason he assigns why every soul must be subject to the higher powers , is , because all powers are of god. so that whoever is bound to be subject to god , must be subject to their prince , who is in god's stead . and this i think will reach the pope of rome , as well as any private christian ; unless he will pretend to more authority on earth , than god himself has : for the prince has god's authority , and therefore cannot be resisted , but by a greater authority than god's . and by the same reason , if the whole body of the people be subject to god , they must be subject to their prince too , because he acts by god's authority and commission . were a soveraign prince the peoples creature , might be a good maxime , rex major singulis , sed minor universis , that the king is greater than any particular subject , but less than all together ; but if he be god's minister , he is upon that account as much greater than all , as god is . and that the whole body of the people , all together , as well as one by one , are equally concerned in this command of being subject to the higher powers , is evident from this consideration , that nothing less than this will secure the peace and tranquillity of humane societies . the resistance of single persons is more dangerous to themselves than to the prince , but a powerful combination of rebels is formidable to the most puissant monarchs . the greater numbers of subjects rebel against their prince , the more do they distress his government , and threaten his crown and dignity : and if his person and authority be sacred , the greater the violence is , which is offered to him , the greater is the crime . had the apostle exhorted the romans after this manner : let no private and single man be so foolish , as to rebel against his prince , who will be too strong for him : but if you can raise sufficient forces to oppose against him , if you can all consent to depose or murder him , this is very innocent and justifiable , nay an heroical atchievement , which becomes a free-born people : how would this secure the peace and quiet of the world ? how would this have agreed with what follows , that princes are advanced by god , and that to resist our prince , is to resist the ordinance of god , and that such men shall be severely punisht for it in this world or the next ? for can the apostle be thought absolutely to condemn resistance , if he makes it only unlawful to resist when we want power to conquer ? which yet is all that can be made of it , if by every soul the apostle means only particular men , not the united force and power of subjects . nor can there be any reason assigned , why the apostle should lay so strict a command on particular christians to be subject to the higher powers , which does not equally concern whole nations . for if it can ever be lawful for a whole nation to resist a prince , it may in the same circumstances be equally lawful for a particular man to do it : if a nation may conspire against a prince , who invades their rights , their liberties , or their religion , why may not any man by the same reason resist a prince , when his rights and liberties are invaded ? it is not so safe and prudent indeed for a private man to resist , as for great and powerful numbers ; but this makes resistance only a matter of discretion , not of conscience : if it be lawful for the whole body of a nation to resist in such cases , it must be equally lawful for a particular man to do it ; but he does it at his own peril , when he has only his one single force to oppose against his prince . so that our apostle must forbid resistance in all or none . for single persons do not use to resist or rebel , or there is no great danger to the publick if they do ; but the authority of princes , and the security of publick government , is only endangered by a combination of rebels , when the whole nation or any considerable part for numbers , power , and interest , take arms against their prince . if resistance of our prince be a sin , it is not the less , but the greater sin , the greater and the more formidable the resistance is ; and it would very much unbecome the gravity and sacredness of an apostolical precept , to enjoyn subjection to private christians , who dare not , who cannot resist alone ; but to leave a powerful combination of rebels at liberty to resist . so that every soul must signifie all subjects whether single or united : for whatever is unlawful for every single person considered as a subject is unlawful for them all together ; for the whole nation is as much a subject to the higher powers , as any single man. thus i am sure it is in our government , where lords and commons assembled in parliament own themselves the subjects of the king , and have by publick laws disclaimed all power of raising any war either offensive or defensive against the king. . let us now consider what is meant by the higher powers , [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] which signifies the supreme power in any nation , in whomsoever it is placed . whether in the king , as in monarchical governments ; or in the nobles , as in aristocratical ; or in the people , as in democracies . at the time of writing this epistle , the supreme power was in the roman emperours ; and therefore when st. paul commands the roman christians to be subject to the higher powers , the plain meaning is , that they be subject to the roman emperour . and thus st. peter explains it , epist. chap. v. be subject to every ordinance of man for the lord's sake , whether to the king as supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the word used in my text , as to him who hath a supereminent power , and is above all others . it is absolutely necessary in all well-governed societies , that there should be some supreme and soveraign power , from whence there lies no appeal , and which cannot and must not be resisted . for otherwise there can be no end of disputes , and controversies ; men may quarrel eternally about rights and priviledges , and properties , and preheminencies ; and when every man is judge in his own cause , it is great oddes but he will give judgement for himself , and then there can be no way to determine such matters , but by force and power . which turns humane societies into a state of war , and no man is secure any longer , than he happens to be on the prevailing side . whoever considers the nature and the end of government , must acknowledge the necessity of a supreme power , to decide controversies , to administer justice , and to secure the publick peace : and it is a ridiculous thing to talk of a supreme power , which is not unaccountable and irresistible . for whatever power is liable to be called to an account , and to be resisted , has some power above it , and so is not supreme . of late years , whoever has been so hardy , as to assert the doctrine of non-resistance , has been thought an enemy to his country , one who tramples on all laws , who betraies the rights and liberties of the subject , and sets up for tyranny and arbitrary power . now i would desire those men , who think thus , to try their skill in framing any model of government , which shall answer the ends and necessities of humane society , without a supreme power , that is , without such a power , as is absolute and unaccountable . if there be no supreme power in any society , when ever there happens any difference among the members of such a society , nothing can be done ; and such a society is an arbitrary and voluntary , not a governed society ; because there is no body to govern , and no body to be governed : they may govern themselves by mutual consent ; but if they cannot agree , there is an end of their government . where there is any government , there must be some-body to govern , and whoever has the power of government , must not be contradicted or resisted , for then he cannot govern ; for a power to govern men onely when , and in what cases they please to be governed , is no power . now place this power where you will , in a single person , or in the hands of some select persons , or in the people , and the case is the same ; where ever the power rests , there it is absolute and unaccountable : wherever there is any government , there must be a last appeal , and where the last appeal is , whether to a prince , to a parliament , or to the people , there is soveraign and absolute power , which cannot be resisted without a dissolution of government , and returning to a state of war ; which is a direct contradiction to the first institution of humane societies , and therefore that which cannot be allowed by the fundamental constitutions of any society . the result of all in short is this : . that in all civil governments , there must be some supreme and soveraign power . . that the very notion of supreme power is , that it is unaccountable and irresistible . and therefore , . whatever power in any nation according to the fundamental laws of its government , cannot and ought not to be resisted , that is the supreme power of that nation , the higher powers to which the apostle requires us to be subject . and from hence it is evident , that the crown of england is an imperial crown , and has all the rights of soveraignty belonging to it . since according to the fundamental laws of the realm , the person and authority of the king is sacred and irresistible . the oaths of allegiance and supremacy , those laws which declare , and acknowledge the king to be supreme in his dominions under god , to have the sole power of the sword , that it is treason to levy war against the king within the realm , and without ; that both or either houses of parliament cannot , nor lawfully may , raise or levy war offensive or defensive against his majesty , his heirs , or lawful successors ; that it is not lawful upon any pretence whatsoever to take arms against the king , and that we must abhor that traiterous position of taking arms by his authority against his person , or against those who are commissionated by him : these , i say , and such like declarations as these , both formerly and of late , made by both houses of parliament , and enacted into publick laws , are a sufficient proof , that the supreme power of these realms is lodged in the prince . for he who is unaccountable and irresistible is supreme . but to avoid all this , there are some who tell us , that by the higher powers in the text , the apostle means the law. for laws are the highest and most venerable authority in any nation ; and we ought indeed to be subject to princes who themselves are subject to the laws , which they are as much obliged to by virtue of this apostolical command as meaner persons . for the law is as much superior to them , as they are to their own subjects ; and therefore when princes violate publick laws , they are no longer to own them for the higher powers , but may vindicate the laws against them , may defend the legal authority of their prince against his personal usurpations , may fight for the authority of the king against his person . but in answer to this , we may consider , . that it is evident from the whole context and manner of speaking , that the apostle does not here speak of laws , but persons ; not of imperial laws , but soveraign princes . laws were never before called the higher powers , neither in sacred nor profane writers ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the new testament always signifies the authority of a person , not of a law . and hence it signifies the person invested with this authority . it were easy to prove this by numerous instances ; but it will be sufficient to shew , that thus it must signifie in the text. these are such powers as are of god , appointed and ordained by god ; which i suppose does not signifie the laws of every nation , many of which are far enough from being divine . they are expresly called rulers in the v. and are the object of fear ; which can punish and reward : if thou wilt not be afraid of the power , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , do that which is good , and thou shalt have praise of the same . now i think no law , but the power , which executes laws , can apply punishments or rewards according to mens deserts : and in the v. this very power is called the minister of god , and said to bear the sword , which does not belong to laws but persons ; and in the text the apostle speaks of resisting these powers , opposing force to force . now though laws may be disobeyed , it is onely lawgivers and rulers , who are capable of resistance . . but however , these higher powers may signifie princes and rulers , as governing according to known laws . no , this cannot be neither , because the apostle speaks of such powers as were under the government of no laws ; as it is sufficiently known the roman emperours were not ; their will was their law , and they made or repealed laws at their pleasure . this epistle was wrote either under claudius or nero ; and i think i need not tell you , that neither of those emperours had any great reverence for laws , and yet these were the higher powers to whom the apostle commands them to be subject : and indeed , though there be a vast difference between a prince , who by the fundamental constitutions of his kingdom , ought to govern by laws , and a prince whose will is his law ; yet no law can come into the notion and definition of supreme and soveraign powers : such a prince is under the direction , but cannot properly be said to be under the government of the law , because there is no superior power to take cognizance of his breach of it ; and a law has no authoritie to govern , where there is no power to punish . but i shall have occasion to discourse this more largely hereafter . . let us now consider , what is meant by being subject , now subjection , according to its full latitude of signification , includes all those duties , which we owe to soveraign princes ; a chearful and willing obedience to all their just and lawful commands ; an humble submission to their reproofs and censures , corrections and punishments ; to honour and reverence their persons and authority ; to pay custom and tribute , and all legal taxes and impositions , as our apostle addes , verse the . render therefore unto all their dues , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . but the principal thing he has regard to in the text , is non-resistance , which is the onely perfect and absolute subjection we owe to princes . we are not always bound to do what they command , because they may command , what we ought not , what we must not do ; but we are always bound to be subject , that is , never to resist . though a prince abuse his power , and oppress his subjects , we must not take upon us to right ourselves , but must leave our cause to god , who is the great protector of opprest innocence : for as the apostle tells us , he that resisteth the power , resisteth the ordinance of god ; and they that resist , &c. this is the doctrine the apostle teaches , that we must be subject to , that is , that we must not resist , nor rebel against soveraign princes . . let us then now consider the reason , whereby the apostle proves and inforces this doctrine of subjection or non-resistance . for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god. the plain meaning of which is this : that soveraign princes are advanced to the throne by god , and are his ministers and vicegerents , invested with his authority and power to govern ; and therefore when we resist our prince , we resist the ordinance , constitution , and appointment of god. such men do not resist , rebel , or fight against man , but god. as he who resists any subordinate magistrates , resists his prince , from whom they receive their authority and commission . and this is a very forcible argument to subjection to princes : for whatever our prince be , it is certain , that god has an absolute and uncontroulable right over us , as being the natural lord and governour of the world ; and if earthly princes are plac't in the throne by him , who is at liberty to put the government of the world into what hands he pleases , who will dare to oppose god ? or ask him , why hast thou done so ? whoever has any sense of god's dominion and soveraignty , dares not rebel against him ; and he , who believes that princes are made by god , will no more dare to rebel against his prince , than against god himself . the patrons of resistance have used all manner of arts to evade the force of this text , and to make the apostles argument signifie just nothing ; and therefore it will be necessary to consider briefly what they say . . then some of them own the truth of what st. paul asserts , that soveraign princes are of god , are advanc't and set in their thrones by him ; but then they say , princes are from god , no otherwise than every thing else is of god. the divine providence governs all things ; and plague and pestilence and famine , and whatever evil and calamity befals a nation , is from god too ; but does it hence follow , that when god brings any of these judgements upon us , we must not endeavour to remove them ? no more , say they , does it follow , that we must not endeavour to break the yoak of a tyrant , because it was put on by god. that is , in plain english , that when the apostle proves , that we must not resist princes , because they are set up by god , he does not reason truly ; for notwithstanding this , we may resist tyrannical princes , as we would do the plague , though they are both sent by god : and i suppose these men believe that st. paul was no more inspired by god , than princes are made by him . otherwise they might as easily have concluded , that since st. paul founds no doctrine of non-resistance upon god's authority and dominion in advancing princes , ( and his argument must be good , if he were an inspired man ) that therefore there is some little difference between god's making a king though a tyrant , and his sending the plague : and any man of an ordinary understanding might guess , that when god sets up a king with a soveraign power , he sets him up to govern ; and therefore though he may prove a scourge and a plague , yet he is such a plague , as god will allow no man to remove , but himself . for it is a contradiction in the nature of the thing , to give authority to a prince to govern , and to leave subjects at liberty to resist . tyrants are god's mininisters , though they be but executioners of his just vengeance ; but an executioner , though he be as dangerous as the plague , cannot be resisted , without resisting the prince . . at other times they tell us , that when st. paul asserts , that there is no power but of god , the powers that be , are ordained of god , he means this onely of the institution of civil power and government , not of every prince that is advanced to this power . the institution of civil government they will allow to be from god , but they think it a reproach to god to own that tyrants and oppressors , wicked and impious kings , are advanced by god. his providence many times , for wise reasons , permits this , as he does all other evils ; but they cannot believe , that such men are advanc't by his council and approbation , and positive will and appointment . but this admits of various answers . for , . can there be no wise reason given , why god may advance a bad man to be a prince ? if there may , then it is no reproach to the divine providence . the natural end of humane societies is the preservation of publick peace and order ; and this is in some measure attained even under the government of tyrants . but god has a further end than this , to bless and reward a virtuous nation , or to punish a loose and degenerate age ; and there cannot be a greater blessing than a wise and virtuous prince , nor a greater plague than a merciless tyrant : and therefore the providence of god is as much concerned in setting a good or a bad prince over any people , as in rewarding or punishing them . upon this account , god calls the king of assyria the rod of his anger , whom he raised up for the punishment of an hypocritical nation , isai. , . . i have already proved , that by the powers in my text , the apostle means the persons of soveraign princes ; and therefore according to his doctrine , those princes who were then in being , that is , the roman emperors , were advanc't by god ; the powers that be , that is , the princes and emperors who now govern the world , are ordained and appointed by god. and that thus it is , god himself tells us , jerem. , . i have made the earth , and given it unto whom it seemed meet unto me : and now i have given all these lands into the hands of nebuchadnezzar king of babylon my servant . thus he called cyrus by name , many years before he was born , to be his shepherd , and to perform his pleasure in rebuilding ierusalem , isa. . . ch . , , , . this was the belief of the primitive christians under heathen and persecuting emperors . tertullian who wrote his apologie under severus , asserts that caesar was chosen by god , and therefore that the christians had a peculiar propriety in caesar , as being made emperor by their god. sed quid ego amplius de religione atque pietate christiana in imperatorem , quem necesse est suspiciamus , ut eum quem dominus noster elegit , & merito dixerim , noster est magis caesar , a deo nostro constitutus . tert. apol. cap. . and this he assigns as the reason , why they honour and reverence , and pray for him , and are in all things subject to him . . if these men will grant , the institution of civil power and authority by god is a necessary reason why we must not resist those who have this power , it shall satisfie me ; and i will dispute no further , whether by powers in the text the apostle means civil government , or the persons of princes , so long as the doctrine of non-resistance is secured : but if they will not grant this , then they must grant , that either the apostle reasons weakly , or that this is not the sense of his words . st. chrysostom indeed by the powers that be ordained of god , understands no more than that civil power and authority is from god , as being afraid to own that all princes , though never so wicked are appointed by god ; but then he owns the doctrine of non-resistance , because the power is from god , whoever have the possession of it , or however he came by it . but i think the argument for non-resistance is much stronger , if we acknowledge , that soveveraign princes themselves are appointed by god , and have this power put into their hands by his peculiar and ordering providence . . others in plain terms deny , that this is true , that princes receive their power from god , and are ordained and appointed by him , though the words of the apostle are very plain and express in the case . but let us set aside the authority of the apostle a while , and examine why they say so . and this they think is very plain in all nations , that princes are advanc't to the throne by the choice and consent of the people , or by right of inheritance , confirmed and settled by publick laws , which include the consent of the people , and therefore they receive their power from those who chose them ; which is no more than a fiduciary power , which they are lyable to give an account of to those who choose them . now grant this to be true , that princes are advanc't to the throne by the people , which will not very well hold in conquests , nor in hereditary kingdoms ; yet , i say , suppose it to be true , since it was manifestly the case of the roman empire , when the apostle wrote this epistle , their emperors being chosen either by the senate or the army ; yet i would desire to be resolved in some few plain questions . . whether god does nothing , but what he does by an immediate power ? whether he cannot appoint and choose an emperor , unless he does it by a voice from heaven , or sends an angel to set the crown upon his head ? whether god cannot by a great many unknown ways , determine the choice of the people , to that person , whom he has before chosen himself ? may we not as well say , that god does nothing but miracles , because every thing else has some visible cause , and may be ascribed either to natural or moral agents ? god may chuse an emperor , and the people chuse him too , and the peoples choice is onely the effect of god's choice ; and therefore notwithstanding all this , princes owe their crowns and secepters to god : the powers that be are ordained of god. . how does it follow , that because princes are chose by the people , therefore they derive their power from them , and are accountable to them ? this is not true in humane governments . a city or any corporation may have authority to choose their magistrates , and yet they do not derive their power from their fellow-citizens , who chose them , but from their prince . thus the people may chuse , but god invests with power and authority . for indeed , how can people , who have no power of government themselves , give that power , which they have not ? god is the only governour of the world , and therefore there can be no power of government , but what is derived from him . but these men think , that all civil authority is founded in consent ; as if there were no natural lord of the world , or all mankind came free and independent into the world . this is a contradiction to what at other times they will grant , that the institution of civil power and authority is from god ; and indeed if it be not , i know not how any prince can justifie the taking away the life of any man , whatever crime he has been guilty of . for no man has power of his own life , and therefore cannot give this power to another : which proves that the power of capital punishments cannot result from meer consent , but from a superiour authority , which is lord of life and death . if it be said , that every man has a natural right to defend his own life by taking away the life of any man who injuriously assaults him , and he may part with this power of self-defence to his prince , and that includes the power of life and death : i answer , . suppose the laws of self-preservation will justifie the taking away another man's life in preservation of our own , yet this is a personal right , which god and nature has given us ; and unless we can prove , that we have authority to make over this right to another , as well as to use it our selves , our consent cannot give authority to the magistrate to take away any man's life in our cause . . this natural right of self-defence cannot be the original of the magistrates power , because no man does give up this right . every man has the right of self-preservation , as intire under civil government , as he had in a state of nature . under what government soever i live , i may still kill another man , when i have no other way to preserve my own life from unjust violence by private hands . and this is all the liberty any man had in a supposed state of nature . so that the magistrates power of the sword is a very different thing from every man's right of self-preservation , and cannot owe its original to it . for , . the magistrates power of the sword is not meerly defensive , as the right of self-preservation is , but vindicative , to execute vengeance on evil doers ; which power no man has over his equals in a state of nature . for vengeance is an act of superiority , and supposes the authority of a lord and judge ; and therefore the consent of all mankind cannot give the power and authority of a sword to a prince , because they never had it themselves . a prince , as he bears the sword , is not the peoples officer , but the minister of god , a revenger to execute wrath upon him that doth evil , as our apostle adds , v. . and this is the true reason of our subjection . wherefore you must needs be subject , not only for wrath , but also for conscience sake . . there is another objection against what the apostle affirms , that there is no power but of god ; the powers that be , are ordained of god. for is the power of victorious rebels and usurpers from god ? did oliver cromwell receive his power from god ? then it seems , it was unlawful to resist him too , or to conspire against him : then all those loyal subjects ▪ who refused to submit to him , when he had got the power in his hands , were rebels and traitors . to this i answer , that the most prosperous rebel is not the higher powers , while our natural prince , to whom we owe obedience and subjection , is in being . and therefore though such men may get the power into their hands by gods permission , yet not by gods ordinance ; and he who resists them , does not resist the ordinance of god , but the usurpations of men . in hereditary kingdoms , the king never dies , but the same minute that the natural person of one king dies , the crown descends upon the next of blood ; and therefore he who rebelleth against the father , and murders him , continues a rebel in the reign of the son , which commences with his fathers death . it is otherwise indeed , where none can pretend a greater right to the crown , than the usurper ; for there possession of power seems to give a right . thus many of the roman emperours came to the crown by very ill means , but when they were possest of it , they were the higher powers ; for the crown did not descend by inheritance , but sometimes by the election of the senate , sometimes of the army , and sometimes by force and power , which always draws a consent after it . and therefore the apostle does not direct the christians to enquire by what title the emperours held their crowns , but commands them to submit to those , who had the power in their hands : for the possession of supream and soveraign power is title enough , when there is no better title to oppose against it . for then we must presume , that god gives him the irresistible authority of a king , to whom he gives an irresistible power ; which is the only means , whereby monarchies and empires are transferred from one nation to another . there are two examples in scripture which manifestly confirm what i have now said . the first in the kingdom of israel : after the ten tribes had divided from the house of iudah , and the family of david , god had not entailed the kingdom upon any certain family ▪ he had indeed by ahijah the prophet promised after solomons death ten tribes to ieroboam the son of nebat , kings . . &c. but had afterwards by the same prophet threatned ieroboam , to destroy his whole family , chap. . , . baasha fulfils this prophecy by the traiterous murder of nadab , ( who succeeded his father ieroboam in the kingdom ) and usurpt the government himself , and slew all ieroboam's house , , . v. this murder and treason is numbred among the sins of baasha ; for which god afterwards threatned to destroy his house , as he had done the house of ieroboam , chap. v. . and yet he having usurpt the throne , and got the power into his hands , and no man having a better title than his , god himself is said to have exalted him out of the dust , and made him prince over his people israel , v. . elah succeeded baasha , who had no better title than his father ; and yet zimri , who slew him , is accused of treason for it , v . zimri usurpt the kingdom when he had slew his master , but he was only a vain pretender to it , when he wanted power ; for when the people who were encamped against gibbethon , heard that zimri had killed the king , they made omri king , and went immediately and besieged tirzah , where zimri had taken possession of the kings palace ; who finding no way to escape , set fire to it himself , and died in the flames of it . and now israel was divided between omri and tibni ; but those who followed omri prevailed against those who followed tibni ; and tibni died , and omni reigned , v. , . all which plainly shews , that where there is no regular succession to the kingdom , there possession of power makes a king , who cannot afterwards be resisted and opposed without the guilt of treason : and this was the case of the roman empire , at the writing of this epistle ; and therefore the apostle might well say , that the powers that be , are ordained of god. that whoever had the supream power in his hands , is the higher power , that must not be resisted . but it was otherwise in the kingdom of iudah , which god himself had entailed on davids family , as appears from the example of ioash , who was concealed by his aunt iehosheba , and hid in the house of the lord for six years . during this time athaliah reigned , and had the whole power of government in her hands ; but yet this did not make her a soveraign and irresistible prince ; because ioash the son of ahaziah , the right heir of the crown , was yet alive . and therefore in the seventh year iehoiada the priest set ioash upon the throne , and slew athaliah , and was guilty of no treason or rebellion in doing so , kings . which shews , that no usurpations can extinguish the right and title of a natural prince . such usurpers , though they have the possession of the supream power , yet they have no right to it ; and though god for wise reasons may sometimes permit such usurpations , yet while his providence secures the persons of such deposed and banished princes from violence , he secures their title too . as it was in nebuchadnezzar's vision ; the tree is cut down , but the stump of the roots is left in the earth . the kingdom shall be sure to them , after that they shall know , that the heavens do rule , dan. . . . the apostle adds the punishment of those , who resist the higher powers : they that resist , shall receive to themselves damnation . where , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judgment and damnation , it is plain the apostle means the punishments of the other world . prosperous rebellions are not always punisht in this world , but they are in the next . and therefore we must be subject not only for wrath , for fear of men ; but out of conscience towards god , and a reverence of his righteous judgments . the sum of all in short is this . that all men , whatever their rank and condition be ; not only secular , but spiritual persons ; not only private men , but subordinate magistrates ; not only single men , but whole bodies and communities , the united force and power of a nation , must be subject to soveraign princes ; that is , must obey all their just and lawful commands , and patiently submit even to their unjust violence , without making any resistance , without opposing force to force , or taking arms , though it be only in their own defence . for soveraign princes are made and advanced by god , who exerciseth a particular providence in the disposal of crowns and scepters , and over-ruleth all external and second causes , to set up such princes as he himself has first chose ; and therefore he that resisteth , resisteth not man , but god ; he opposeth the constitution and appointment of the soverain lord of the world , who alone is our natural lord and governour , and who alone has right to put the government of the world into what hands he pleases ; and how prosperous soever such rebels may be in this world , they shall not escape the divine vengeance and justice , which will follow them into another world : they shall receive to themselves damnation . this was st. paul's doctrine about subjection to the higher powers ; and he did not only preach this doctrie himself , but he charges timothy and titus , two bishops whom he had ordained , the one bishop of ephesus , the other of crete , to preach the same . thus he charges titus , to put them in mind to be subject to principalities and powers , to obey magistrates ▪ to be ready to every good work , titus . when he commands him to put them in mind to be subject , he supposes , that this is a known duty of the christian religion , and a duty of such great weight and moment , that people ought to be frequently minded of it ; that the bishops and ministers of religion ought frequently to preach of it , and to press and inculcate it upon their hearers . for it is a great scandal to the christian religion , when this duty is not observed : and yet in many cases this duty is so hard to be observed , & requires such a great degree of self-denial and resignation to the will of god , and contempt of present things , that too many men are apt to forget it , and to excuse themselves from it . and therefore st. paul gives this in particular charge to titus , and in him to all the bishops and ministers of the gospel , to take special care to instruct people well in this point , and frequently to renew and repeat their exhortations ; especially when they find a busie , factious , and seditious spirit abroad in the world . thus he instructs timothy the bishop of ephesus , tim. . . i exhort therefore , that first of all , supplications prayers , intercessions , and giving of thanks , be made for all men ; for kings , and for all that are in authority , that we may lead a quiet and peaceable life , in all godliness and honesty . but you will say , what is this to such an absolute subjection to princes as includes non-resistance in it ? cannot we pray for any man , without making him our absolute and soverain lord ? are we not bound to pray for all our enemies and persecutors ? and does our praying for them , make it unlawful to resist and oppose their unjust violence ? how then can you prove from the duty of praying for kings , that it is in no case lawful to resist them ? if it were lawful to resist tyrannical princes , yet it might be our duty to pray for them . and therefore though it be our duty to pray for princes , it does not hence follow , that we may in no cases lawfully resist them . in answer to this , i grant , that praying for any man , nay praying for kings and princes cannot of it self prove , that it is unlawful to resist them , if it otherwise appear , that resistance is lawful ; but if it be our duty to make supplications , prayers , and intercessions for persecuting princes , as the apostle commands them to pray for the roman emperors , who were profest enemies to christianity ; that is , if they must beg all good things for them , a long and happy and prosperous reign , which is included in intercessions and prayers ; this strongly infers , that they must not resist their power , nor undermine their thrones . for we cannot very well at the same time pray for the prosperity of their government , and endeavour to pull it down . the apostle did not understand those conditional prayers , that god would convert or confound them ; a prayer , which thanks be to god , was never found in any christian liturgie yet ; which possibly is one reason , why some men are no great friends to liturgies . and when the apostle directs them to pray for kings and all that are in authority , that they must live quiet and peaceable lives in all godliness and honesty , that is , that they might enjoy peace and security in the profession and practice of the true religion ; this seems to imply , that when they are persecuted for their religion , which was the case at that time , they must pray for persecuting princes , that god would incline their hearts to favour his people ; but must not fight against them . this is the only direction the apostle gives them in the case ; and we may reasonably suppose , that had he known any other , he would not have concealed it . if it is always the duty of christians to pray for the prosperous and flourishing state of the empire , as by this apostolical exhortation it appears to be , it could never be lawful for them to resist the powers ▪ for i cannot understand how any man without mocking almighty god , can pray for the prosperity of his prince , and the good success of his government , at the same time , when he fights against him . when st. paul had so freely and openly declared against resisting the higher powers , which timothy , who was his scholar and companion , and fellow-labourer , could not but know ; what other interpretation could he make of the apostles exhortation , to pray for kings , and all that are in authority , that we may live quiet and peaceable lives in all godliness and honesty , but only this , that prayer is the last and only remedy that we can have against persecuting princes ? had it been lawful for them to resist , it had been a more proper prayer , that god would give them strength and courage and counsel to oppose all his and their enemies : that he would appear as miraculously for their defence , as he formerly did in fighting the battels of israel ; that he would set christ upon his throne , and make all the princes of the earth give place to a more glorious kingdom . time was , when it was all one , whether he saved with many or a few . he knew how to destroy potent and formidable armies , without any humane strength and power , or by such weak & contemptible means , as reserved the glory of the victory intire to himself : and he is the same still that ever he was , and his power is the same . but st. paul very well knew , that it was not lawful for them to pull emperours out of their thrones , to give any disturbance to civil powers , or to attempt any changes or innovations in government ; and therefore since they must submit to such princes as they had , there was no other remedy left them , but to beg of god so to incline the hearts of princes , that they might enjoy a quiet and peaceable possession of their religion , even under pagan princes . for as much as some men of late days profanely scoff at prayers and tears , these have been always thought the onely remedy the church has against persecuting powers ; and it seems st. paul thought so too , for he prescribes no other ; and yet he does not allow them to pray against the king neither , but exhorts them to pray for him , and that they might enjoy peace and security under his government . chap. v. st. peter's doctrine about non-resistance . having heard what st. paul's doctrine was , let us now consider what st. peter taught about this matter : he had as much reason to learn this lesson as any of the apostles , our saviour having severely rebuked him for drawing his sword against the lawful powers , as you have already heard . and indeed , his rash and intemperate zeal in this action cost him very dear ; for we have reason to believe , that this was the chief thing , that tempted him to deny his master . he was afraid to own himself to be his disciple , or that he had been in the garden with him ; because he was conscious to himself , that by drawing his sword , and smiting the servant of the high priest , he had incurred the penalty of the law , and had he been discovered , could expect nothing less , but to be severely punish't for it , it may be to have lost his life for his resistance . and indeed , this has very often been the fate of those men , who have been transported with a boistrous and intemperate zeal to draw their swords for their master and his religion against the lawful powers , that they commonly deny their master , and despise his religion , before they put their swords up again . but st. peter having by our saviour's reproof , and his own dear-bought experience learn't the evil of resistance , never drew his svvord more , and took great care to instruct christians not to do so , peter . , , , . submit your selves to every ordinance of man for the lord's sake , whether it be to the king as supreme ; or unto governours , as to them that are sent by him , for the punishment of evil doers , and for the praise of them that do well . for so is the will of god , that with well doing , ye may put to silence the ignorance of foolishmen . as free , and not using your liberty as a cloak of maliciousness , but as the servants of god. this is the very same doctrine , which st. paul taught the romans : let every soul be subject to the higher powers ; for the same word is used in the original 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and therefore to submit and to be subject is the same thing , which , as st. paul tells us , signifies non-resistance . onely as st. paul speaks onely of not resisting the higher powers , that is , emperours and soveraign princes , herein including all those , who act by their authority ; st. peter , to prevent all cavils and exceptions , distinctly mentions both , that we must submit to all humane power and authority , not onely to the king as supreme , that is , in st. paul's phrase , to the higher powers , to all soveraign princes who are invested with the supreme authority ; but also to those , who are sent by him , who receive their authority and commission from the soveraign prince . st. paul tells us at large , that all power is of god , and that the power is the minister of god , and he that resisteth the power , resisteth the ordinance of god ; and therefore we must needs be subject , not onely for wrath , that is , for fear of being punish't by men , but also for conscience sake , out of reverence to god , and fear of his judgement . this st. peter comprises in one word , which includes it all ; submit your selves to every ordinance of man for the lord's sake : for how is god concerned in our obedience to princes , if they be not his ministers , who are appointed and advanced by him , and act by his authority , and if it be not his will and command , that we should obey them ? and therefore he addes , for this is the will of god , that with well doing , that is , by obedience and subjection to princes , ye may put to silence the ignorance of foolish men , that is , that you may put to silence those foolish men , who ignorantly accuse you , as fond of changes , and troublesome and dangerous to government . but then st. peter observing , that christian liberty was made a pretence for seditions and treasons , he cautions them against that also , as free , but not using your liberty for a cloak of maliciousness , that is , to cover and excuse such wickedness as rebellion against princes , but as the servants of god : you must remember , whatever freedom christ has purchas 't for you , he has not delivered you from obedience and subjection to god ; you are his servants still , and therefore must be subject to those , who receive their power and authority from god , as all soveraign princes do . this is as plain , one would think , as words can make it ; but nothing can be so plain , but that men who are unwiling to understand it , and who set their wits on work to avoid the force and evidence of it , may be able to find something to say , to deceive themselves , and those who are willing to be deceived : and therefore it will be necessary to consider , what false colours some men have put upon these words , to elude and baffle the plain scope and designe of the apostle in them . as first , they observe , that st. peter calls kings and subordinate governours an ordinance of man , or a humane creature , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and from hence they conclude that kings are onely the peoples creatures ; they are made by the people , and receive their power from them , and therefore are accountable to them if they abuse their power . in answer to this , we may consider , . that this interpretation of st. peter's words , is a direct contradiction to st. paul , who expresly asserts , that there is no power but of god , the powers that be are ordained of god : but according to this exposition of humane creature , or the ordinance of man , there is no power of god , but all power is derived from the people . kings and princes may be chosen by men , as it is in elective kingdoms , and as it was at that time in the roman empire ; but they receive their power from god , and thus st. paul and st. peter may be reconciled : but to affirm , that st. peter calls kings an ordinance of man , because they receive their power and authority from men , is an irreconcilable contradiction to st. paul , who affirms , that they receive their power from god , that they are god's and not the peoples ministers . now though st. peter and st. paul did once differ upon a matter of prudence , it would be of ill consequence to religion , to make them differ in so material a doctrine as this is : and yet there is no way to reconcile them , but by expounding st. peter's words so as to agree with st. paul's ; for st. paul's words can never be reconciled with that sence , which these men give of st. peter's ; and that is a good argument to me , that is not the true interpretation of st. peter ; for i verily believe , that these two great apostles did not differ in this point . . st. peter exhorts them to submit to every ordinance of man for the lord's sake ; which plainly signifies , that whatever hand men may have in modelling civil governments , yet it is the ordinance of god , and princes receive their power from him . for it is no act of disobedience to god to resist our prince , nor of obedience to god to submit to him , if he does not derive his power from god , and act by his authority and commission ; especially in such cases , when he opposes the government of god , and the interest of religion ; and oppresses not onely god's creatures , but his most faithful and obedient people , who are his peculiar care and charge ▪ in such cases as these , if princes do not receive their power from god , they are opposite and rival powers , and we can no more submit to them for god's sake , than we can submit to a rebel for the sake of , that is , out of duty and loyalty to our natural prince . and therefore when the apostle exhorts them , for god's sake to submit to their king , he plainly supposes , what st. paul did particularly express , that kings receive their power from god , and therefore are god's ministers , even when they abuse their power ; and he that resists , resists the ordinance and authority of god. . but suppose we should grant , that when st. peter calls kings the ordinance of man , he means , that they receive their power and authority from men ; yet i cannot see , what good this will do them : for he plainly disowns their consequence , that therefore princes are accountable to the people , as to their superiours , and may be resisted , deposed , and brought to condigne punishment , if they abuse this power ; as will appear from these two observations . . that he gives the king the title of supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , who is above them all , and is invested with the supreme and soveraign power . now the supreme power in the very notion of it , is irresistible and unaccountable ; for otherwise it is not supreme , but subject to some superiour jurisdiction ; which it is evidently known the roman emperours , of whom the apostle here speaks , were not . and . that he requires subjection to this humane ordinance , which , as appears from st. paul , signifies non resistance . so that though we should grant that the king derives his power from the people , yet it seems , god confirms and establishes the crown on his head , and will not suffer people to take it off again , when they please . . but after all , there is no colour for this objection from the apostles words : for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : humane order or ordination , signifies nothing but humane authority , such power and authority as is exercised by men for the good government of humane societies . and the meaning is only this ; that out of reverence and obedience to god , from whom all power is derived , they should submit to that authority , which is exercised by men , whether to the supream power of soveraign princes , or that subordinate authority which he bestows on inferiour magistrates . . it is farther objected , that though st. peter does command christians to submit to kings and governours , yet it is with a limitation , as far as they govern well , while they exercise their authority in pursuance of the great ends of its institution ; for the punishment of evil doers , and for the praise of them that do well . and here st. peter agrees very well with st. paul , who assigns this as the reason , why they may be subject to the powers : for rulers are not a terrour to good works , but to the evil ; wilt thou then not be afraid of the power ? do that which is good , and thou shalt have praise of the same . for he is the minister of god to thee for good . but if thou do that which is evil , be afraid , for he beareth not the sword in vain : for he is the minister of god , an avenger to execute wrath upon him that doth evil , rom ▪ , . now we cannot be bound to obey and submit , any farther than the reason of our obedience reaches : and if the reason why we must obey princes , is , because they punish wickedness , and reward and encourage vertue , which is so great a blessing to humane societies , then we are not bound to obey them , when they do quite contrary ▪ when they encourage vice , and oppress the most exemplary innocence . now in answer to this , let us consider , . whether these great apostles intended to oblige the christians of that age to yield obedience to those powers ▪ which then governed the world . if they did , ( as i think no man will be so hardy as to say , that they did not ) then it will be proper to enquire , whether what they here affirm , and assign as the reason of their subjection , that rulers are not a terrour to good works , but to the evil , were true of the roman emperours and governours , or not . if it were true , then i believe it will hold true of all kings , in all ages of the world ; for there cannot well be greater tyrants than the roman emperors were at this time : and so this will prove an eternal reason , why we should be subject to princes , notwithstanding the many faults and miscarriages of their government . if it were not true , it is very strange , that two such great apostles , should use such an argument to perswade christians to submit to the powers , as only proved the quite contrary , that they ought not to be subject to the present powers , because they were unjust and tyrannical , and in contradiction to the original design and institution of civil power , were a terror to good works and not to the evil . the christians were at that time persecuted by iews and heathens , by all the powers of the world. the apostle exhorts them not to resist the powers , because they were not a terror to good works , but to the evil . if by this he only means , that they should be subject to them , while they encouraged vertue and vertuous men , but might rebel against them , when they did the contrary ; how could the christians of those days think themselves obliged by this to submit to the higher powers ? for this was not their case . they suffered for righteousness sake ; the powers were a terrour to them , though they were innocent , though they could not charge them , either with breaking the laws of god or men ; and therefore they were not bound to submit to them , whenever they could find it safe to resist . so that either these men put a false comment upon the text , or while the apostle undertakes to deter them from resistance , he urges such an argument as was proper only to perswade them to rebel . . we may also consider , that this interpretation of the words makes the apostles argument childish and ludicrous , and wholly useless to perswade any man to be subject , who needs perswasion . for i take it for granted , that there is no need to perswade any man , especially the good and vertuous , not to resist the powers , when he meets with the just rewards and encouragements of vertue . the usual pretence for seditions and treasons , is to redress publick grievances , to deliver themselves from a state of oppression and slavery ; but all mankind agree , that they ought to obey governours , who govern well ; and no man thinks it just or honourable to rebel , who has not , or cannot pretend some cause of complaint . the tryal of our obedience is , when we suffer injuriously for righteousness sake , when our rights and liberties are invaded , when we groan under such oppressions , as are enough to make a wise man mad , and to transport him to irregular and unjustifiable actions . this was the case of the primitive christians to whom the apostles wrote , and therefore we might reasonably expect , that he should urge such arguments to subjection , as should reach their case : but if these men be good expositors , the apostle says nothing to perswade any man to obedience to the powers , who finds the powers uneasie and troublesome to him ; and those who have nothing to complain of ▪ one would think , should need no arguments to perswade them to subjection to so easie and gentle a yoak . . nay , according to this interpretation of the doctrine of subjection , that we are bound only to be subject to those princes , who rule well , who punish wickedness and reward vertue ; this doctrine of subjection gives no security at all to the best governments in the world . the most factious and seditious spirits can desire no greater liberty , than this principle grants them . for no humane government can be so exact and perfect , but it may be guilty of great miscarriages . good men may suffer , and bad men may flourish under a vertuous prince , and therefore ill designing men can never want pretences to misrepresent the government , and to foment discontents and jealousies between prince and people . this unhappy nation has been a sad example of this , twice in one age , under two as just and merciful princes , as ever sate upon the english throne . when there were never fewer real grievances to be complained of , and never more loud and tragical complaints : and if subjects are not bound to obey any longer than all things please and gratifie their humors , it is a vain thing to name the doct●●●● of subjection ; which is of no use at all 〈◊〉 peace and security of humane 〈◊〉 . this is absolutely false , 〈◊〉 are bound to be subject to 〈◊〉 princes no longer than th● 〈…〉 , according to the measures 〈…〉 and righteousness . the apostle i am sure supposes the contrary , when he tells the christians , but and if ye suffer for righteousness sake , happy are ye ; and be not afraid of their terror , neither be troubled , pet. . . thus he commands servants to be subject to their masters with fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience towards god endure grief , suffering patiently . for what glory is it , if when ye be buffeted for your faults , ye take it patiently ? but if when ye do well and suffer for it , ye take it patiently , this is acceptable with god , chap. , , . and certainly there is as perfect a subjection due to a soverain prince as to a master , for he is more eminently the minister of god , and acts by a more sacred and inviolable authority . and that this does extend to our subjection to princes , appears from the example of christ , which the apostle there recommends to our imitation , who was the most innocent person in the world , and yet suffered the most barbarous usage , not from the hands of a private master , but of the supreme powers . and therefore when he commands in the same chapter to submit to governours , as to those who are for the punishment of evil doers , and the praise of them that do well , it is evident , that he did not intend this as a limitation of our subjection , as if we were not bound to be subject in other cases ; since in the very same chapter , he requires subjection not only to the good and gentle , but also to the froward , in imitation of the example of our lord , who suffered patiently under unjust and tyrannical powers . . i observe therefore , that the apostle does not alleadge this as the reason of our subjection , but as a motive or argument to reconcile us to the practice of it . the reason of our subjection to princes is , that they are advanced by god , that they are his ministers , that those who resist , resist the ordinance of god , and therefore we must submit for gods sake , out of reverence to his authority . but it is an encouragement to subjection , to consider the great advantages of government , that rulers are not a terrour to good works , but to the evil . but though this motive should fail in some instances , yet while the reason of subjection lasts , ( and that can never fail , while we own the soverain authority of god ) so long it is our dutie to be subject , whether our prince do his dutie or not . . but to examine more particularly the meaning of these words . when the apostle says , that rulers are not a terror to good works , but to the evil ; that they are for the punishment of evil doers , and the praise of them that do well ; i see no necessitie of expounding this of good and evil works in general , that all good and virtuous actions shall be rewarded by them , and all evil actions punish't ; for this is almost impossible in any humane government ; and there never was any government in the world , that appointed rewards for all virtuous actions , and punishments for all wicked ones . but these good and evil works seem to be confined to the matter in hand , to subjection and obedience , as a good and virtuous action . and so the apostle enforces this dutie of subjection , not onely from the authoritie of god , but from the power of princes : be subject to the higher powers ; for rulers are not a terrour to good works , but to the evil . we need not fear the powers , when we obey them , and submit ourselves to them ; but they will punish us if we rebel . the force of which argument is this : the best way to obtain safetie and protection under any government , is by being peaceable , quiet , and obedient ; such men generally escape under the greatest tyrants , for tyrants themselves do not use to insult over the peaceable and obedient : but if men be seditious and troublesome to government , then he beareth not the sword in vain , but is the minister of god , a revenger to execute wrath upon him that doeth evil , that is , upon all disobedience and rebellion ; for whatever wickedness escapes unpunish't , princes for their own securitie must not suffer disobedience and rebellion to escape . and that this is the meaning of it , appears from the next verse , where the apostle sums up the whole argument for subjection , which he reduces to conscience towards god , and fear of the secular powers : wherefore ye must needs be subject , not onely for wrath , but also for conscience sake . and that st. peter by well doing means subjection to princes , is very plain . for so is the will of god , that with well doing , ye should put to silence the ignorance of foolish men ; that is , by obedience and subjection to princes , which is the dutie he there exhorts them to . and therefore it is very probable that he means the same by well doing in the verse before , that governours are for the punishment of evil doers , and the praise of them that do well ; to punish the disobedient and rebellious , and to reward and protect those , who live in all quiet and peaceable subjection . and if this be the meaning of it , i think they can find no limitation here of our subjection to princes . . but let us suppose , that when the apostle says , that rulers are not a terror to good works , but to the evil , he understands by it in general , the great advantages of civil government , that is , for the suppression of wickedness , and incouragement of virtue , which is the true end and the best improvement of humane power ; this also is in a great measure true of the worst and most tyrannical princes , and therefore the argument for subjection is good even under a tyrant . publick justice was administred under the government of nero , and good men were rewarded , and bad men punish't : and though justice be not so equally and so universally administred under a bad prince , as under a good one ; though a tyrant may oppress many of his subjects , and be the occasion of great calamities , yet while there is any publick government maintained in the world , it lays great restraints upon the unruly lusts and passions of men , and gives great securitie to the just and innocent . and therefore good men are concerned to promote the peace and securitie of government , though the prince be a tyrant : for there is more justice to be had under a tyrant , than in a civil war. in ordinary cases it is very possible for good men to live easily and tolerably under a very bad prince ; & though it should be their lot to suffer , yet since the peace and quiet of humane societies is in it self so great a blessing , and the publick good is better consulted by the preservation of government , than by resistance , it becomes every good man rather to suffer patiently under a tyrant , than to shake and unsettle humane government , and disturb the natural course of justice by seditions and tumults . . nay let us suppose , that the apostle here speaks of such an equal administration of justice , as cannot be expected under the government of a tyrant ; yet so the argument holds good against resistance , though our prince be never so bad . and it lies thus : we must not resist the powers , because rulers are not a terrour to good works , but to the evil . this is the great blessing of humane government , to preserve justice and righteousness among men . for this reason god has intrusted the princes with the power of the sword , for the punishment of evil doers , and the praise of them that do well ; and therefore we must not resist him , because publick justice is so great a blessing to the world . but how does this follow , you will say , that we must not resist a tyrant , who is so far from administring justice , that he oppresses his subjects , because civil government and publick justice is so great a blessing ? what agreement is there between civil government , and publick justice and a tyrant ? why the consequence is very plain . civil government , which is for the administration of publick justice , is a great and inestimable blessing to the world : but now there can be no civil government without a supreme and irresistible power ; publick justice cannot be administred , unless there is some power from whence there is no appeal . it is not necessarie indeed , that the power should always be in the hands of one man ; but if god have placed this power in the hands of a prince , there it must be irresistible too , however he uses it : for if once it be made lawful to resist the supreme power , wherever it is plac't , you dissolve humane societies , or at least expose them to perpetual disorders and convulsions . factious and ambitious men will find pretences to resist good princes as well as the bad , and no government can be any longer secure , than while ill-designing men want power to resist . now then , to pass a true judgement of this matter , we must not onely consider , what present inconveniencies we may suffer from the irresistible power of a tyrant , but what an irreparable mischief it is for ever to unsettle the foundations of government . we must consider whether civil government be the greater blessing to mankind , or a tyrant the greater curse : whether it be more desirable to endure the insolence and injustice of a tyrant , when the power falls into such a hand ; or for ever to be deprived of the securitie of government , and the blessings of peace and order . and therefore there is great reason , why god should so severely forbid the resistance of princes , though tyrants ; and why we should quietly and contentedly submit to this divine appointment , because the resistance of the supreme power , were it once allowed by god , would weaken the authoritie of humane governments , and expose them to the rage and frenzie of ambitious and discontented statesmen , or wild enthusiasts . this i think is a sufficient answer to this pretence , that the apostle limits our subjection to princes to the regular exercise of their authoritie . . it is objected also from st. peters words , that the inferiour and subordinate magistrates receive their power from god also , as well as supreme and soveraign princes ; governours are sent by him , that is , say they , by god , for the punishment of evil doers , and the praise of them that do well ; and therefore though private men may not resist a soveraign prince , yet publick magistrates may , though they be not supreme ; for it is their dutie also to see wickedness punish't , and virtue rewarded ; and therefore it is part of their commission to give check to the soveraign power , and to defend subjects from the unjust violence and oppressions of their prince . and this the emperour trajan learn't from the common principles of justice and equitie , who delivered a sword to one of his officers with this charge , to use it for him , while he governed well , but against him if he governed ill . now in answer to this , we may consider , . that there is no foundation at all for this in the text , for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or by him , cannot by any rules of grammar be referred to god , but to the king. submit to every ordinance of man for the lord's sake , whether to the king as supreme , or unto governours , as unto them who are sent by him . by him ? by whom ? by god ? that is not said , but by the king , for that is the next antecedent ; and that is the evident truth of the case . inferiour magistrates do not receive their power from god , but from the king , who having the soveraign power in himself , commits the exercise of some part of it to others , and taketh it away again , when he pleases . and the very phrase of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those who are sent by him , plainly refers it to those who were sent by the emperour into forreign countries , to govern the roman provinces ; such as pontius pilate and felix were : and so the meaning is , that they were not onely obliged to submit to the roman emperours , but to all those governours , whom they sent to rule the provinces under their jurisdiction ; which is no more than for a preacher to instruct the subjects of ireland , that they must not onely submit to the king , but to all those whom he sent to govern them , with the power and authoritie of deputies , or lord-lieutenants . . nay st. peter , as if he had foreseen this objection , takes particular care to prevent it , and therefore makes an apparent difference between that submission we owe to soveraign princes , and that which we owe to governours ; we must submit to the king as supreme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to him who is above all , whose power is unaccountable and irresistible ; but to governours , as unto them who are sent by him : which both signifies the reason of our submission to governours , and prescribes the bounds and measures of it . the reason why we must submit to governours , is because they are sent by our prince , they act by his authoritie , and therefore we must submit to , and reverence his authoritie in them . it is not for their own sakes , nor for any inherent authoritie in them , but as they receive their power from our prince . and this also determines the bounds and measures of our subjection to governours . as that authoritie , which they receive from the king , is the onely reason why we must submit to them at all : so we must submit no longer , than that authoritie lasts ; when ever the prince recalls them , and transfers this power to another , we must obey them no longer . nay , since we are only bound to reverence and obey the authoritie of our prince in them , we must never submit to them in opposition to our prince . our primarie obligation is to submit to the king , who is our soveraign-lord , and must in no cases be resisted ; our submission to governours and subordinate magistrates is onely a part and branch of our dutie to the king , as they are his officers and ministers : and therefor eit can never be our dutie to obey or comply with subordinate magistrates , but onely when it is an act of dutie and subjection to our prince ; and certainly it is no act of subjection to our prince to obey subordinate magistrates , when they rebel against their prince : for , to resist a prince , or to joyn with those who do resist him , is an odde kind of instance of our subjection to him . this is not to submit to the king as supreme , nor to governours , as unto those who are sent by him , and receive their authoritie from him ; but it is to submit to governours , as the supreme and soveraign iudges of our prince , and the patrons and protectors of the people against their prince ; which is directly contrarie to st. peter's doctrine . it was no new thing for the governours of remote provinces to revolt from the obedience of the roman emperours , and to usurp a soveraign and imperial authoritie to themselves ; and therefore st. peter expresses their dutie to governours with this caution and limitation , that though they must submit to those , whom the emperour sent to govern them , yet it must be in subordination to the imperial authoritie , and with a reserve of that more absolute subjection , which they owe to the emperour himself , who is their soveraign lord. while governours are subject to the emperour , who is their lord and master , we must be subject to them ; but if they rebel , we must be subject to the emperour still , and oppose those , whom we were before bound to obey . when st. peter so expresly commands them both to submit to the king , and to submit to governours , it is impossible he could consider the king and governous , as two distinct and rival authorities ; for then it might so happen , that they could not submit to both , if ever they should oppose each other : and therefore when he commands them to submit to both , he must suppose them to be both one , as the fountain and the stream is one . the authoritie to which they must submit is but one , it is originally in the king , as in its source and fountain , and it is derived and communicated to governours ; but is the same power still , which as necessarily depends upon the king , as light does upon the sun ; and therefore when these powers grow two , when this derivative and dependant power sets up for it self in opposition to that power which gave it its being , we are delivered from our subjection to it , because it ceases to be one with that soveraign power , to which we must be subject ▪ once more . st. peter commands the christians to submit to the king , and to governours , that is , to the king's ministers , who receive their authority from him to govern . but when such persons rebel against their prince who gave them authority , they cease to be the kings ministers and governours , and therefore cease to be such governours to whom the apostle commands submission . we are to obey them while they are the kings ministers and deputies ; but when they assume to themselves an independant power , we must submit to them no longer , but to our prince : we may and ought to obey our prince , and those magistrates whom he sets over us , but we cannot submit to our prince and to rebels ; and certainly when men become rebels , they are no longer the kings ministers , but his rivals . . it is a very ridiculous pretence also , which has no foundation in st. peter's words , that governours or subordinate magistrates have power to controul or resist their soverain prince . the apostle tells us , that the king is supreme ; but over whom is he supreme ? certainly over all in his dominions , or else he is not supreme ; and therefore he is supreme with respect to subordinate magistrates , as well as private subjects ; and then they have no more power or authority to resist , than any private subject has . for st. paul tells us , the higher power is irresistible ; which would be a strange paradox , if every little officer had authority to resist him . and yet if men will grant , that it is never lawful for any private man to resist his prince , it is not worth disputing , whether subordinate magistrates may or not ; for if private men must not resist , these inferiour magistrates cannot , or at least they will resist to no purpose . he may make them private men again when he pleases ; or however , he must be an unfortunate prince , whom all his own officers and ministers conspire against ; and he must be a very weak prince , who has not force and power to oppose them . for what does the discontent of the greatest ministers signifie , who can raise no forces to oppose their prince ? and yet there are no forces to be raised , if private men must not resist . when inferiour magistrates must submit , or rebel alone , ( as they must do , if private men must not rebel ) whatever authority they have to controul their prince , they will want force and power to do it . and yet it would be a lewd way of burlesquing this doctrine of non-resistance , to make no more of it than this , that when st. paul so severely threatens damnation against those who resist , his meaning is , that private subjects must not resist their prince , unless they have some discontented and factious magistrates to head them . but how should these subordinate governours come by this power to resist their prince ? they must either have it from god , or from their prince . not from god. for soverain princes receive their authority from god ; and if god have bestowed the supreme and soverain power on the prince , it is a contradiction to say , that he has advanced his own ministers and officers above him , which would be to place a superiour power over the supreme . nor is it reasonable to suppose , that inferiour magistrates receive such a power as this from their prince , though it is evident , they have no power , but what they receive from him . for notwithstanding trajan's complement , which he never intended should be made a law for himself , or other soverain princes ; no prince can give such power as this to a subject , without giving him his crown . he gives away his soverain power , when he gives any subject authority to resist ; he ceases to be a soverain prince , if he makes any man his superior : for he cannot give away soverain power , and yet keep it himself . and it would be a hard case with princes , had they as many judges and masters , as they have officers and ministers of state. indeed , no prince without parting with his crown , can grant such an extravagant power to any subject : for while he continues soverain , god has made it necessary to the greatest subjects to obey and submit . for as for trajan's saying to one of his commanders , when he delivered him the sword , use this for me if i govern well , and against me if i govern ill , it only signified his fixt resolution to govern well , and that he would imploy it in no ill services : but it conveyed no more power to him to rebel , if he should govern ill , than a father's saying to his son , that he should forgive his disobedience , if ever he would prove unkind , would justifie the disobedience of the son , if his father should prove unkind . the duties of these relations are fixt by god , and cannot be altered by men . a prince may divest himself of his kingdom , and royal power ; but while he continues soveraign , he cannot give liberty to any man to resist him . . there is another objection not only to invalidate st. peters authoritie , but to answer all the arguments that are produced from the doctrine and practice of christ and his apostles , to inforce this dutie of non-resistance and subjection to princes ; and that is , that these commands were onely temporarie , and obliged christians while they wanted force and power to resist , but do not oblige us , when we can resist and conquer too . i have sometimes thought , that this objection ought to be answered onely with indignation and abhorrence , as an open contempt of the authoritie of the scriptures , and blasphemie against the holy spirit , by which they were indited ; but it may be , it is better to answer and expose it , and let the world see , besides the notorious folly of it , how near a kin the doctrine of resistance is to atheism , infidelity , and blasphemy . . first then i observe , that this very objection supposes that the doctrine of the gospel is against resistance ; for those who evade the authoritie of the scriptures , by saying , that christians were then forbid to resist , because they wanted power to conquer , must grant , that resistance is forbid . which is a plain confession , that they are conscious to themselves , that all the arts they have us'd to make the scriptures speak their sence , and justifie the doctrine of resistance , will not do . and therefore when men are once reduced to this last refuge , to confess , that the scriptures are against them , if they have any modesty left , they ought never to pretend to the authority of the scriptures in this cause more . and this is a sufficient answer to all men , who have any reverence for the authority of the scriptures , that they cannot resist their prince without disobeying the plain and express laws of the gospel ; for he is a bold man , who will venture his eternal salvation , upon pleading his exemption from any express law. . i would desire all men who have any reverence left for the religion of our saviour , to consider seriously how this pretence does disparage and weaken the authority of the gospel , and make it a very imperfect , and a very uncertain rule of life , which every man may fit and accommodate to his own humour and inclinations . christ and his apostles do in the most express terms , and under the most severe penalties , forbid the resistance of soveraign princes . but say these men , this law does not oblige us now , though it did oblige the christians of those days ; for our circumstances are much changed and altered . the christians at that time were weak , and unable to resist , and therefore were taught to suffer patiently without resistance ; but thanks be to god , the case is not thus now ; and therefore we may vindicate our natural and religious rights and liberties against all unjust violence . now observe what follows from hence : . that the gospel of our saviour is a very imperfect and uncertain rule of life ; that it absolutely forbids things , which are not absolutely evil , but sometimes lawful , without allowing for such a difference : that it gives general laws , which oblige onely at certain times , or in some circumstances , without giving any notice in what cases they do not oblige ; which is a mightie snare to mens consciences , or a great injury to their christian libertie . it imposes this hard necessitie upon them , either to make bold with a divine law , if they do resist tyrannical powers , which is grievous to a tender conscience , which has any reverence for god ; or to suffer injuriously , when they need not , had they been plainly instructed in their dutie , and acquainted in what cases they might resist , and in what not . and i think , there cannot be a greater reproach to the gospel , than to make it such an imperfect and insnaring rule . . nay , this charges christ and his apostles with want of sinceritie in preaching the gospel ; for either they knew , that this doctrine of non-resistance did not oblige all christians , but onely those who are weak and unable to resist , or they did not . if we say they did not , we charge them with ignorance : if we say they did , with dishonestie : for if they knew , that all christians were not obliged to such an absolute subjection to princes , as in no case to resist , why did they conceal so important a truth , without giving the least intimation of it ? did they think this so scandalous a doctrine , that they were afraid or ashamed to publish it to the world ? and can any thing be a doctrine of the gospel , which is truly scandalous ? but was the doctrine of resistance more scandalous ▪ than the doctrine of the cross ? would this have offended princes , and make them more implacable enemies to christianitie ? but would it not also have made more converts ? would not a libertie to resist the powers , and defend themselves , been a better inducement to imbrace christianitie , than a necessitie of suffering the worst things for the name of christ ? would not this have contributed very much to the conversion of the whole iewish nation , who were fond of a temporal kingdom , had christianitie allowed them to cast off the roman yoke , and restored their ancient liberties ? how soon should we have seen the cross in their banners , and how gladly would they have fought under that victorious signe , under the conduct of so many wonder-working prophets ? and how soon would this have made the doctrine of non-resistance useless and out of date , by making christians powerful enough to resist ? so that there is no imaginable reason , why christ and his apostle should conceal this doctrine of the lawfulness of resisting persecuting and tyrannical powers , especially at that time , when if it had been lawful , there was as much use for it , and as great reason to preach it , as ever there was , or ever can be . and therefore we must either think very ill of our saviour and his apostles , or a knowledge , that this is no gospel-doctrine , never was , and never can be any part of the religion of the cross. there is no reason , why christ should at first plant christianity in the world by sufferings , if it might afterwards be maintained and propagated by glorious rebellions . . if this plea be allowed , it weakens the authoritie of all the laws of the gospel , and leaves men at libertie to dispence with themselves , when they see or fancie any reason for it . non-resistance is as absolutely commanded , as any other law of the gospel ; but these men imagine , without any other reason , but because they would have it so , that this law onely concerned christians in the weak and infant-state of the church , while they were unable to resist . now should other men take the same libertie with other laws ( and i know no reason but why they may ) how easie were it to expound christianitie out of the world ? meekness , patience , humilitie , selfdenial , contempt of the world , forgiving enemies , contentment in all conditions , are parts and branches of this suffering religion ; and may we not with as much reason say , that these duties were calculated for the afflicted and suffering state of the church , when the profession of christianitie was discouraged in the world , and exposed them to the loss of all things , and therefore made it impossible for them to enjoy those pleasures and advantages of life , which other men did ; but that they do not more oblige us than resistance , now the church is flourishing and prosperous ? and thus men may justifie their pride and ambition and covetousness , and may be as very idolaters of the riches and pleasures and honours of the world , as heathens themselves , when christianity became the religion of the empire : it did indeed make too great an alteration in the lives of christians . but according to this way of reasoning , it made as great an alteration in religion it self ; at this rate we ought to have two gospels , one for the afflicted , the other for the prosperous state of the church ; which differ as much as christianity and paganism in the great rules of life . but we are hard dealt with , that we have but one gospel , and that the suffering gospel ; and for my part , i dare not undertake to make another . so that this plea for resistance in opposition to the plain and express laws of the gospel , in the consequences of it , strikes at the very foundations of christianitie , and becomes the mouth of none but an atheist or an infidel . . this is a very absurd pretence ▪ that the apostle forbids the christians of those days to resist , onely because they were weak , and unable to resist . this is a great reproach to the apostle , as if he were of the temper of some men , who crouch and flatter , and pretend great loyaltie , when they are afraid to rebel , but are loyal no longer than they have an opportunitie to rebel . this is dissimulation and flatterie , and inconsistent with the open simplicitie of the apostolick spirit ; but it is very strange that the apostle should so severely forbid resistance , when he knew they could not resist . one would think common prudence should teach such men to be quiet and subject ; and therefore his zeal and vehemence would perswade one , that as weak as the christians were , yet in those days they could have resisted . nay , it is evident , that there were a sort of men who in those days called themselves christians , and yet did resist the powers ; such were the gnostick hereticks , who despised government , who were presumptuous and self-willed , and were not afraid to speak evil of dignities , . peter . . jude v. . for to reproach and vilifie government , is one degree of resistance ; and no men are so weak , but they may do that . nay , though christians had not power enough of their own to have rebelled against the roman government , yet they had opportunitie enough to joyn and conspire with those who had , and to have made good terms and conditions for themselves . they lived in a very factious age , when both jews and heathens were very apt to rebel , and could both have promoted and strengthned the faction , if they had pleased , and have grown very acceptable to them by doing so ; and though no man knows what the event of any rebellion will be ▪ till he tries , yet they might have escaped as well as other men . this the apostle knew , and this he was afraid of , and this he warns them against ; and that for such reasons , as plainly shew , that it was not a meer prudential advice he gives them , for that time , but a standing law of their religion . . for this doctrine of non-resistance is urged with such reasons and arguments , as are good in all ages of the church , as well when christians have power to resist and conquer , as when they have not . thus ( . ) st. paul inforces this dutie of subjection to the higher powers , because all powers are of god ; the powers that be are ordained of god ; and therefore he that resisteth the powers , resisteth the ordinance of god. now if they must obey the powers , because they are from god , subjection and non-resistance is as much our dutie , when we have power to resist , as when we have not ; and is as much our dutie at this day , as it was in the time of the apostle , if we believe , that god has as great a hand in setting up kings now , as he had then . . he threatens eternal damnation against those , who resist : he that resists shall receive unto himself damnation ; which supposes , that there is a moral evil in resistance , and therefore that non-resistance is an eternal and unchangeable law : which cannot be true , if it be lawful to resist , when we can resist to some purpose , when we can resist and conquer . it is foolish indeed to resist a prince , when we have not sufficient force to oppose against him ; but it would be a hard case , if a man should perish etenally , for doing an action , which is lawful in it self , but imprudently undertaken . these men had need look well to themselves , how lawful soever they think resistance to be , if every imprudent and unfortunate rebel must be damned . . st. paul addes , that we must needs be subject , not onely for wrath , but also for conscience sake ; that is , not onely out of fear of men , but out of conscience of our dutie to god. now if resistance were not in its nature sinful , it were a very prudential consideration , not to resist for fear of wrath , that is , for fear of being punish't by men , if we cannot conquer ; but there would be no conscience in the case , no sence of any dutie to god ▪ unless we think , that non-resistance is our duty , when we cannot conquer , and resistance when we can . . st. peter tells us , that this subjection to kings and governours is a good and vertuous action , and therefore he calls it well-doing : for so is the will of god , that with well-doing ye may put to silence the ignorance of foolish men ; that is , by submitting to kings and governours , as you have already heard . now the nature of vertue and vice cannot alter with the circumstances of our condition ; that which is good in one age , is so in another ; which shews , that subjection and non-resistance was not a temporary law , and meer matter of prudence , but an essential duty of christian religion . . for it appears by what he adds , that it was a great credit and reputation to christianity , that it made men quiet , peaceable , and governable ; by well-doing they put to silence the ignorance of foolish men ; by their peaceable and obedient behaviour to their governours , they sham'd those men , who ignorantly reproach't the christian religion . now hence there are two plain consequents : . that subjection to government is a thing of very good repute in the world , or else it could be no credit to christianity ; and this is a good argument that subjection to government is a great vertue , because all men speak well of it . it is a thing of good report , and therefore becomes christians , phil. . . it hence follows also , that subjection to government was a standing doctrine of the christian religion , because it was the will of god , that they should recommend christianity to the world by subjection to princes . but certainly god never intended they should put a cheat upon the world , and recommend christianity to them , by that , which is no part nor duty of christianity . this is abundantly sufficient to confute that vain pretence , that the doctrine of subjection and non-resistance obliged christians only , while they were unable to resist and defend themselves ; and this is enough to satisfie us , what the doctrine of the apostles was about subjection to princes . as for their examples , i think there was never any dispute about that . it is sufficiently known , that they suffered martyrdom , as a vast number of christians in that and some following ages did , without either reproaching their governours , or rebelling against them : and this they did , as they taught others to do , not meerly because they could not resist , but out of duty and reverence to god , who sets princes on thrones , and has given them a sacred and inviolable authority ; and in imitation of their great lord and master , who went as a lamb to the slaughter , and as a sheep before the shearer is dumb , so he opened not his mouth . chap. vi. an answer to the most popular objections against non-resistance . i proceed now to consider those objections , which are made against the doctrine of non-resistance ; though methinks after such plain and convincing proof , that non-resistance is the doctrine both of the old and new testament , though witty men may be able to start some objections , yet wise and good men should not regard them : for no objection is of any force , against a plain and express law of god. indeed , when we have no evidence for a thing but only natural reason , and the reason seems to be equally strong and cogent on both sides , it renders the matter very doubtful , on which side the truth lies : but when on one side there is a plain and express revelation of the will of god , and on the other side some shew and appearance of reason , i think there can be no dispute , which side we chuse ; unless any man think it doubtful , which is the most certain and infallible rule , scripture or meer natural reason . and therefore till men can answer that scripture-evidence , which i have produced , ( which i am not much concerned about , for i guess it will take them up some time to do it ) all their other objections , whether i could answer them or not , signifie nothing at all to me , and ought to signifie as little to any man , who reverences the scriptures . but let us consider their objections ▪ for they are not so formidable , that we need be afraid of them . now i know no body , but will acknowledge , that in most cases it is the duty of subjects not to resist their prince ; but they only pretend , that this is not their duty , when their prince oppresses and persecutes them contrary to law ▪ when their lives and liberties and properties and religion are all secured by the laws of the land , they see no reason why they should tamely suffer a prince to usurp upon them , why they should not defend themselves against all unjust and illegal violence ; and they urge several arguments to prove , that they may do so ; which may be reduced to these five . . that they are bound by no law to suffer against law. . that the prince has no authority against law. . that they have a natural right of self-defence against unjust violence . . that otherwise we destroy the distinction between an absolute and limited monarch ; between a prince whose will is his law , and a prince who is bound to govern by law ; which undermines the fundamental constitution of the english government . . that if resistance in no case be allowed , the mischiefs and inconveniencies to mankind may be intolerable . i suppose it will be acknowledged , that these five particulars do contain the whole strength of their cause ; and if i can give a fair answer to them , it must either make men loyal , or leave them without excuse . . they urge , that they are bound by no law to suffer against law. suppose , as a late author does , that a popish prince should persecute his protestant subjects in england for professing the protestant religion which is established by law ; by what law ( saies he ) must we die ? not by any law of god surely , for being of that religion , which he approves , and would have all the world to embrace , and to hold fast to the end . nor by the laws of our country , where protestancy is so far from being criminal , that it is death to desert it , and to turn papist . by what law then ? by none that i know of , saies our author : nor do i know of any ; and so far we are agreed . but then both the laws of god and of our countrie , command us not to resist : and if death , an illegal unjust death follow upon that , i cannot help it ; god and our countrie must answer for it . it is a wonderful discoverie , which this author has made , that when we suffer against law , we are condemned by no law to die● ; for if we were , we could not suffer against law : and it is as wonderful an argument he uses to prove , that we may resist , when we are persecuted against law , because we are condemned by no law to die ; which is supposed in the very question , and is neither more nor less , than to affirm the thing which he was to prove . we may resist a prince who persecutes against law , because we are condemned by no law , that is , because he persecutes against law. this proves indeed , that we ought not to die , when we are condemned by no law to die ; but whether we may preserve our selves from an unjust and violent death by resisting a persecuting prince ▪ is another question . . it is urged , that a prince has no authoritie against law ; there is no authority on earth above the law , much less against it . it is murder to put a man to death against law ; and if they knew who had authority to commit open , bare-faced , and downright murders , this would direct them where to pay their passive obedience ; but it would be the horridest stander in the world to say , that any such power is lodged in the prerogative , as to destroy men contrary to law. now i perfectly agree with them in this also , that a prince has no just and legal authoritie to act against law ▪ that if he knowingly persecure any subject to death contrary to law , he is a murderer , and that no prince has any such prerogative to commit open , bare-faced and downright murders . but what follows from hence ? does it hence follow , therefore we may resist and oppose them , if they do ? this i absolutely denie ; because god has expresly commanded us not to resist : and i see no inconsistencie between these two propositions , that a prince has no legal authoritie to persecute against law , and yet that he must not be resisted , when he does . both the laws of god , and the laws of our countrie , suppose these two to be very consistent . for notwithstanding the possibilitie , that princes may abuse their power , and transgress the laws , whereby they ought to govern ; yet they command subjects in no case to resist : and it is not sufficient to justifie resistance , if princes do , what they have no just authoritie to do , unless we have also a just authoritie to resist . he , who exceeds the just bounds of his authoritie , is lyable to be called to an account for it ; but he is accountable onely to those , who have a superior authoritie to call him to an account . no power whatever is accountable to an inferiour ; for this is a contradiction to the very notion of power , and destructive of all order and government . inferiour magistrates are on all hands acknowledged to be lyable to give an account of the abuse of their power ; but to whom must they give an account ? not to their inferiours ; not to the people , whom they are to govern , but to superiour magistrates , or to the soveraign prince , who governs all . thus the soveraign prince may exceed his authoritie , and is accountable for it to a superiour power ; but because he has no superiour power on earth , he cannot be resisted by his own subjects , but must be reserved to the judgement of god , who alone is the king of kings . to justifie our resistance of any power , there are two things to be proved . . that this power has exceeded its just authoritie . . that we have authoritie to resist . now these men indeed prove the first very well , that princes , who are to govern by law , exceed their legal authoritie when they persecute against law : but they say not one word of the second , that subjects have authoritie to resist their prince , who persecutes against law ; which was the onely thing , that needed proof : but this is a hard task , and therefore they thought it more adviseable to take it for granted , than to attempt to prove it . they say indeed , that an inauthoritative act , which carries no obligation at all , cannot oblige subjects to obedience . now this is manifestly true , if by obedience they mean an active obedience ; for i am not bound to do an ill thing , or an illegal action , because my prince commands me ; but if they mean passive obedience , it is as manifestly false ; for i am bound to obey , that is , not to resist my prince , when he offers the most unjust and illegal violence . nay , it is very false and absurd to say , that every illegal , is an inauthoritative act , which carries no obligation with it . this is contrarie to the practice of all humane iudicatures , and the daily experience of men , who suffer in their lives , bodies , or estates by an unjust and illegal sentence . every judgement contrarie to the true meaning of the law , is in that sence illegal ; and yet such illegal judgements have their authoritie and obligation , till they are rescinded by some higher authoritie . this is the true reason of appeals from inferiour to superiour courts , to rectifie illegal proceedings , and reverse illegal judgements ; which supposes that such illegal acts have authoritie , till they are made null and void by a higher power : and if the higher powers from whence lies no appeal , confirm and ratifie an unjust and illegal sentence , it carries so much authoritie and obligation with it , that the injured person has no redress , but must patiently submit ; and thus it must necessarily be , or there can be no end of disputes , nor any order and government in humane societies . and this is a plain demonstration , that though the law be the rule according to which princes ought to exercise their authoritie and power , yet the authoritie is not in laws ; but in persons ; for otherwise why is not a sentence pronounced according to law by a private person , of as much authoritie , as a sentence pronounced by a judge ? how does an illegal sentence pronounced by a judge , come to have any authoritie ? for a sentence contrarie to law , cannot have the authoritie of the law. why is a legal or illegal sentence reversible , and alterable , when pronounced by one judge , and irreversible and unalterable , when pronounced by another ? for the law is the same , and the sentence is the same , either according to law or against it , whoever the judge be ; but it seems the authoritie of the persons is not the same , and that makes the difference ; so that there is an authoritie in persons , in some sence distinct from the authoritie of laws , nay superiour to it . for there is such an authoritie , as , though it cannot make an illegal act legal , yet , can and often does make an illegal act binding and obligatorie to the subjects , when pronounced by a competent judge . if it be said , that this very authoritie is owing to the law , which appoints judges and magistrates to decide controversies , and orders appeals from inferiour to superiour courts : i would onely ask one short question , whether the law gives authoritie to any person to judge contrarie to law . if it does not , then all illegal acts are null and void , and lay no obligation on the subject : and yet this is manifestly false , according to the known practice of all the known governments in the world . the most illegal judgement is valid , till it be reverst by some superiour power ; and the judgement of the supreme power , though never so illegal , can be repealed by no authoritie but its own . and yet it is absurd to say , that the law gives any man authoritie to judge contrarie to law : for , to be sure , this is besides the end and intention of the law . whence then does an illegal act or judgement derive its authoritie and obligation ? the answer is plain , it is from the authoritie of the person , whose act or judgement it is . it will be of great use to this controversie , to make this plain and obvious to every understanding ; which therefore i shall endeavour to do , as briefly as may be . . then i observe , that there must be a personal power and authoritie antecedent to all civil laws . for there can be no laws without a law-maker , and there can be no law-maker , unless there be one or more persons invested with the power of government , of which making laws is one branch . for a law is nothing else , but the publick and declared will and command of the law-maker , whether he be the soveraign prince , or the people . . and hence it necessarily follows , that a soveraign prince does not receive his authoritie from the laws , but laws receive their authoritie from him . we are often indeed minded of what bracton saies , lex facit regem , that the law makes the king ; by which that great lawyer was far enough from understanding , that the king receives his soveraign power from the law ; for the law has no authoritie , nor can give any , but what it receives from the king ; and then it is a wonderful riddle , how the king should receive his authoritie from the law . but when he saies ▪ the law makes the king , he distinguishes a king from a tyrant , and his meaning is , that to govern by laws , makes a soveraign prince a king , as king signifies a just and equal and beneficial power and authoritie ; as appears from the reason he gives for it , non est enim rex , ubi dominatur voluntas , & non lex ; he is no king , who governs by arbitrarie will , and not by law : not that he is no soveraign prince , but he is a tyrant and not a king. . and hence it evidently follows , that the being of soveraign power is independent on laws ; that is , as a soveraign prince does not receive his power from the law , so , should he violate the laws by which he is bound to govern , yet he does not forfeit his power . he breaks his faith to god and to his countrie , but he is a soveraign prince still . and this is in effect acknowledged by these men , who so freely confess , that let a prince be what he will , though he trample upon all laws , and exercise an arbitrarie and illegal authoritie , yet his person is sacred and inviolable , and irresistible ; he must not be touch'd nor opposed . and allow that saying of david to be scripture still , who can stretch forth his hand against the lord 's anointed , and be guiltless ? now what is it , that makes the person of a king more inviolable and unaccountable than other men ? nothing , that i know of , but his sacred and inviolable authoritie : and therefore it seems , though he act against law , yet he is a soveraign prince , and the lord ▪ s anointed still ; or else i see no reason , why they might not destroy his person also . and yet if nothing but an inviolable and unaccountable authoritie can make the person of the king inviolable and unaccountable , i would gladly know , how it becomes lawful to resist his authoritie , and unlawful to resist his person . i would desire these men to tell me , whether a soveraign prince signifies the natural person , or the authoritie of a king ; and if to divest him of his authoritie , be to kill the king , why they may not kill the man too , when they have killed the king. thus when men are forc't to mince treason and rebellion , they always speak nonsense . those indeed who resist the authoritie of their prince , but spare his person , do better than those , who kill him ; but those who affirm , that his person is as resistible and accountable as his authoritie , speak more consistently with themselves , and the principles of rebellion . . and hence i suppose , it plainly appears , that every illegal act the king does , is not an inauthoritative act , but laies an obligation on subjects to yeild , if not an active , yet a passive obedience . for the king receives not his soveraign authoritie from the law , nor does he forfeit his authoritie by breaking the law ; and therefore he is a soveraign prince still ; and his most illegal acts , though they have not the authoritie of the law , yet they have the authoritie of soveraign power , which is irresistible and unaccountable . in a word , it does not become any man who can think three consequences off , to talk of the authoritie of laws in derogation to the authoritie of the soveraign power . the soveraign power made the laws , and can repeal them and dispence with them , and make new laws ; the onely power and authoritie of the laws is in the power , which can make and execute laws . soveraign power is inseparable from the person of a soveraign prince : and though the exercise of it may be regulated by laws , and that prince does very ill , who having consented to such a regulation , breaks the laws ; yet when he acts contrarie to law , such acts carrie soveraign and irresistible authoritie with them , while he continues a soveraign prince . but if it be possible to convince all men how vain this pretence of laws is , to justifie resistance or rebellion against a prince , who persecutes without or against law , i shall only ask two plain questions . . whether the laws of god and nature be not as sacred and inviolable as the laws of our country ? if they be , ( and methinks no man should dare say that they are not ) why may we not as well resist a prince , who persecutes us against the laws of god and nature , as one , who persecutes against the laws of our countrey ? is not the prince as much bound to observe the laws of god and nature , as the laws of his country ? if so , then their distinction between suffering with and against law signifies nothing . for all men , who suffer for well-doing , suffer against law ▪ for by the laws of god , and the natural ends of humane government , such men ought to be rewarded , and not punisht . nay , they suffer contrarie to those laws , which commanded them to do that good , for which they suffer . thus the christians suffered under pagan emperors , for worshipping one supreme god , and refusing to worship the numerous gods of the heathens ; and therefore , according to these principles , might have justified a rebellion against those unjust and persecuting powers ; but the apostles would not allow this to be a just cause of resistance , as i have already shewn you ; and yet i confess i am to seek for the reason of this difference , why we may not resist a prince , who persecutes against the laws of god , as well as him , who persecutes against the laws of england . . my other question is this , whether a prince have any more authority to make wicked and persecuting laws , than to persecute without law ? these men tell us , that if paganism or popery were established by law , they were bound to suffer patiently for their religion , without resistance ; but since christianity and protestancy is the religion of the nation , they are not bound to suffer , but may defend themselves , when they are condemned by no law. but if we examine this throughly , it is a very weak and trifling cavil . for what authoritie has a wicked and persecuting law ? and who gave it this authoritie ? what authoritie has any prince to make laws against the laws of god ? if he have no authoritie , then it is no law ; and then to make a wicked law to persecute good men , is the same thing , as to persecute without law , nay as to persecute against law. the pretence for resistance is , when the prince persecutes without authority . now i say , a prince has no more authoritie to make wicked persecuting laws , than to persecute without law. should a popish prince procure all our good laws for the protestant religion to be repealed , and establish popery by law , and make it death not to be a papist , he would have no more real authoritie to do this , than to persecute protestants without repealing the laws . a soverain and unaccountable power will justifie both , so as to make resistance unlawful ; but if it cannot justifie both , it can justifie neither . for a prince has no more authoritie to make a bad law , than to break a good one ; so that this principle will lead them a great deal farther than they pretend to ; and let the laws of the land be what they will , in time they may come to think it a just reason for rebellion , to pull down antichrist , and to set up christ iesus upon this throne . this i hope is a sufficient answer to the two first objections , that we are bound by no law to suffer against law ; and that the prince has no authoritie against law. . the next objection is , that they have a natural right of self-preservation and self-defence against unjust and illegal violence . this very pretence was made great use of to wheadle people into this late conspiracie . those who were employed to prepare and dispose men for rebellion , askt them , whether they would not defend themselves , if any man came to cut their throats : this they readily said they would : when they had gained this point , they askt them , whether they did not value their liberties , as much as their lives ; and whether they would not defend them also . and thus they might have proceeded to any part of their liberties , if they had pleased ; for they have the same right to any part , as to the whole , and thus self-defence would at last reach to the smallest occasion of discontent or jealousie , or dislike of publick government . now in answer to this , i readily grant , that every man has a natural right to preserve and defend his life by all lawful means ; but we must not think every thing lawful , which we have strength and power and opportunity to do ; and therefore to give a full answer to this plea , let us consider , . that self-defence was never allowed by god or nature against publick authority , but only against private violence . there was a time , when fathers had the power of life and death over their own children ; now i would only ask these men , whether if a son at that time saw his father coming to kill him , and that as he thought very unjustly , he might kill his father to defend himself . this never was allowed by the most barbarous nations in the world ; and yet it may be justified by this principle of self-defence , as it is urged by those men ; which is a plain argument that it is false . it is an express law , that he that smiteth his father or his mother shall be surely put to death , exod. . and yet then the power of parents was restrained by publick laws . and the authoritie of a prince is not less sacred than of a parent ; he 's god's minister and vicegerent , and subjects are expresly forbid to resist ; and it is a vain thing to pretend a natural right against the express law of god. . for the sole power of the sword is in the king's hands , and therefore no private man can take the sword in his own defence but by the king's authoritie , and certainly he cannot be presumed to give any man authoritie to use the sword against himself . and therefore as christ tells peter , he that takes the sword shall perish by the sword ; he who draws the sword against the lawful powers , deserves to die by it . . we may consider also , that it is an external law , that private defence must give place to the publick good . now he that takes arms to defend his own life and some few others , involves a whole nation in blood and confusion , and occasions the miserable slaughter of more men , than a long succession of tyrants could destroy . such men sacrifice many thousand lives , both of friends and enemies , the happiness and prosperity of many thousand families , the publick peace and tranquillity of the nation , to a private self-defence ; and if this be the law of nature , we may well call nature a step-mother , that has armed us to our own ruine and confusion . . and therefore we may farther observe , that non-resistance and subjection to government , is the best way for every mans private defence . our atheistical politicians , who know no other law of nature , but self-defence , make this the original of humane societies ; that it is a voluntarie combination for self-defence . for this reason they set up princes and rulers over them , and put the power of the sword into their hands , that they may administer justice , and defend their subjects from publick and private violence : and they are certainly so far in the right , that publick government is the best securitie not onely of the publick peace , but of every mans private interest ; nay it is so , though our prince be a tyrant , as i have already shewn you , that no government can be secure without an irresistible and unaccountable power . so that the natural right of self-defence is so far from justifying rebellion against princes , that it absolutely condemns it , as destructive of the best and most effectual means to preserve ourselves : for though by non-resistance a man may expose his life to the furie of a tyrant , so he may loose his life in any other way of defence ; but publick government is the best and surest defence , and therefore to resist publick government , is to destroy the best means of self-defence . . however , this principle of self-defence , to be sure , cannot justifie a rebellion , when men do not suffer any actual violence ; and therefore those men who were drawn into this late conspiracie , when they saw no bodie attempt cutting their throats , when they saw none of their liberties invaded , were so well prepared to be rebels , that they needed no arguments to perswade them to it . . the next objection against the doctrine of non-resistance is this , that it destroys the difference between an absolute and limited monarchy , between a prince whose will is his law , and a prince , who is bound to govern by law ; which undermines the foundamental constitution of the english government . if this were true , i confess , it were a very hard case for the ministers of the church of england , who must either preach up resistance , contrarie to the laws of the gospel , and the sence and practice of the christian church in all ages , or must preach up non ▪ resistance , to the destruction of the government under which they live ; but thanks be to god , this is not true . for the difference between an absolute and limited monarchy , is not , that resistance is unlawful in one case , and lawful in another ▪ for a monarch , the exercise of whose power is limited and regulated by laws , is as irresistible , as the most absolute monarch , whose will is his law ; and if he were not , i would venture to say , that the most absolute and despotick government , is more for the publick good , than a limited monarchy . but the difference lies in this , that an absolute monarch is under the government of no law , but his own will ; he can make and repeal laws at his pleasure , without asking the consent of any of his subjects ; he can impose what taxes he pleases , and is not tied up to strict rules and formalities of law ▪ in the execution of justice ; but it is quite contrarie in a limited monarchy , where the excercise of soveraign power is regulated by known and standing laws , which the prince can neither make nor repeal without the consent of the people . no man can loose his life or estate without a legal process and tryal ; no monies can be levyed , nor any taxes imposed on the subject , but by authority of parliament ; which makes the case of subjects differ very much from those , who live under an arbitrary prince . no , you will say , the case is just the same : for what do laws signifie , when a prince must not be resisted , though he break these laws , and govern by an arbitrarie and lawless will ? he may make himself as absolute , as the great turk or the mogul , whenever he pleases ; for what should hinder him , when all men's hands are tied by this doctrine of non-resistance ? now it must be acknowledged , that there is a possibilitie for such a prince to govern arbitrarily , and to trample upon all laws ; and yet the difference between an absolute and limited monarchy is vastly great . . for this prince , though he may make his will a law to himself , and the onely rule of his government , yet he cannot make it the law of the land ; he may break laws , but he can neither make nor repeal them ; and therefore he can never alter the frame and constitution of the government , though he may at present interrupt the regular administration of it : and this is a great securitie to posteritie , and a present restraint upon himself . . for it is a mightie uneasie thing to any prince , to govern contrarie to known laws . he offers as great and constant violence to himself , as he does to his subjects . he cannot raise mony , nor impose any taxes without the consent of his subjects , nor take away any man's life without a legal tryal ( which an absolute prince may do ) but he is guiltie of rapine and murder , and feels the same rebukes in his own mind , for such illegal actions , though his impositions be but reasonable and moderate , and he put no man to death , but who very well deserves it , that an absolute tyrant does for the most barbarous oppressions and cruelties . the breach of his oath to god , and his promises and engagements to his subjects , makes the excercise of such an arbitrarie power very troublesome : and though his subjects are bound not to resist , yet his own guilty fears will not suffer him to be secure : and arbitrarie power is not so luscious a thing , as to tempt men to forfeit all the ease and pleasure , and securitie of government , for the sake of it . . though subjects must not resist such a prince , who violates the laws of his kingdom ▪ yet they are not bound to obey him , nor to serve him in his usurpations . subjects are bound to obey an absolute monarch , and to serve his will in lawful things , though they be hard and grievous ; but in a limited monarchy , which is governed by laws , subjects are bound to yeild an active obedience onely according to law , though they are bound not to resist , when they suffer against law. now it is a mighty uneasy thing to the greatest tyrant , to govern always by force ; and no prince in a limited monarchy can make himself absolute , unless his own subjects assist him to do so . . and yet it is very dangerous for any subject to serve his prince contrary to law. though the prince himself is unaccountable and irresistible , yet his ministers may be called to an account , and be punish't for it ; and the prince may think fit to look on quietly , and see it done : or if they escape at present , yet it may be time enough to suffer for it under the next prince ; which we see by experience makes all mon wary how they serve their prince against law. none but persons of desperate fortunes will do this bare-fac't ; and those are not always to be met with , and as seldom fit to be employ'd . . and therefore we may observe , that by the fundamental laws of our government , as the prince must govern by law , so he is irresistible : which shews , that our wise law-makers did not think , that non-resistance was destructive of a limited monarchy . . and in this long succession of princes in this kingdom , there has been no prince that has cast off the authority of laws , or usurpt an absolute and arbitrary power : which shews how vain those fears are , which disturb the fancies and imaginations of rebels , if they be not pretended onely to disturb the publick peace . . non-resistance is certainly the best way to prevent the change of a limited into an absolute monarchy . the laws of england have made such an admirable provision for the honour and prosperous government of the prince , and the security of the subject , that the kings of england have as little temptation to desire to be absolute , while their subjects are obedient and governable , as their subjects have , that they should be so . and if ever our kings attempt to make themselves absolute ( which thanks be to god , we have no prospect of yet ) it will be owing to the factious and traiterous dispositions of subjects . when subjects once learn the trade of murdering princes , and rebelling against them , it is time then for princes to look to themselves ; and if ever our posterity should suffer under so unhappy a change of government , they will have reason for ever to curse the fanatick rage and fury of this age ; and the best way to remove that scandal , which has been already given to princes , is by a publick profession and practice of this great gospel-duty of non-resistance . . the last objection against non-resistance is this , that if resistance in no case be allowed , the mischiefs and inconveniences to mankind may be intolerable . to which i shall briefly return these following answers . . that bare possibilities are no argument against any thing . for that which may be , may not be ; and there is nothing in this world , how good or useful or necessary soever it be in its self , but may possibly be attended with very great inconveniences ; and if we must reject that which is good and useful in it self , for the sake of some possible inconveniences , which may attend it , we must condemn the very best things . modesty and humility , justice , and temperance , are great and excellent vertues ; and yet we may live in such an age , when these vertues shall beggar a man , and expose him to contempt . mercy and clemency is a noble quality in a prince , and yet it is possible , that the clemency of a prince may ruine him , and he may spare traitors lives , till they take away his . marriage is a divine institution , which contributes as much to the happiness and comfort of humane life , as any one thing in this world ; and yet it may be you cannot name any thing neither , which many times proves so great a plague and curse to mankind . thus non-resistance is a great and excellent duty , and absolutely necessary to the peace and order and good government of the world ; but yet a bad prince may take the advantage of it , to do a great deal of mischief . and what follows from hence ? that non-resistance is no duty , because it may possibly be attended with evil consequences ? then you can hardly name any thing , which is our duty ; for the most excellent vertues may at one time or other expose us to very great inconveniences ; but when they do so , we must not deny them to be our duty , because we shall suffer by it ; but must bear our sufferings patiently , and expect our reward from god. and yet that there is not so much danger in non-resistance , as these men would perswade the world , i hope appears from my answers to the last objection . . when we talk of inconveniences , we must weigh the inconveniences on both sides , and consider which are greatest . we may suffer great inconveniences by non-resistance , when our prince happens to prove a tyrant ; but shall we suffer fewer inconveniences were it lawful for subjects to resist ? which is the greatest and most merciless tyrant ? an arbitrary and lawless prince , or a civil war ? which will destroy most mens lives ? a nero or dioclesian , or a pitcht battel ? who will devour most estates ? a covetous and rapacious prince , or an insolent army , and hungry rabble ? which is the greatest oppression of the subject ? some illegal taxes , or plunderings , decimations , and sequestrations ? who are most likely to abuse their power ? the prince , or the people ? which is most probable , that a prince should oppress his dutiful and obedient subjects , or that some factious and designing men should misrepresent the government of their prince , and that the giddy multitude should believe them ? who is most likely to make a change and alteration in government ? an hereditary prince , or the people , who are fond of innovations ? while soverain and irresistible power is in the hands of the prince , it is possible we may sometimes have a good one , and then we shall find no inconvenience in the doctrine of non-resistance . nay , it is possible , we may have a great many good princes , for one bad one ; for monsters are not so common , as more natural productions : so that the inconveniences we may suffer by this doctrine will but seldom happen ; but had the people power to resist , it is almost impossible , that publick government should ever be quiet and secure for half an age together : they are as unstable as the seas , and as easily moved with every breath , and as outragious and tempestuous too . these are not some guesses and probabilities , but demonstrations in this unhappy age , wherein we have seen all these things acted . the conclusion , containing a short dissuasive from resistance and rebellion . having thus largely proved that subjection and non-resistance is a necessary duty , which subjects owe to soverain princes , and answered all those objections which are made against it ; the result of all is , to perswade subjects to the practise of it . and st. paul urges two very powerful arguments to perswade us to it , rom. . . that the powers are of god , and he that resisteth the powers , resisteth the ordinance of god. and certainly he is no christian who disputes obedience to the divine ordinance and constitution . a prince is the image , the vice-gerent of god , and therefore princes are called gods in scripture , and be he what he will , a good or a bad prince , while god thinks fit to advance him to the throne , it becomes us to submit and reverence the divine authority . will you lift up your hand against god ? will you cast off his authority and government too ? does not he know how to rule us ? how to chuse a prince for us ? the greatest rebel would blush to say this in so many words , and yet this is the language of rebellion . men dislike their prince , that is , that governour , whom god sets over them : they rebel against their prince , they depose him , they murder him ; that is , they disown the authority of god , they deface and destroy his image , and offer scorn and contempt to his vice gerent . earthly princes look upon every affront and disgrace done to their ministers and lieutenants , to be a contempt of their own authority ; and so does god too : he who pulls down a prince , denies gods authority to set him up , and affronts his wisdom in chusing him . . and therefore such men must not expect to escape a deserved punishment , they shall receive to themselves damnation . now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may either signifie the punishment of rebellion in this world , or in the next ; and here it signifies both . . they shall be punisht in this world . and whoever consults ancient and modern histories , will find , that rebels very seldom escape punishment in this world . how often does god defeat all their counsels , discover their secret plots and conspiracies ! and if they be prosperous for a while , yet vengeance overtakes them ; if they escape punishment from men , they are punisht by some such remarkable providence , as bears the characters of a divine justice in it . . however , such men shall not escape the punishments of the other world ; and if you believe there is a hell for rebels and traitors , the punishment of resistance is infinitely greater than all the mischiefs which can befal you in subjection to princes , and a patient suffering for well doing . what shall it profit a man , though he should gain the whole world , which is something more than a single crown and kingdom , and loose his own soul ? though an universal empire were the reward of rebellion , such a glorious traitor , who parts with his soul for it , would have no great reason to boast much of his purchase . let us then reverence the divine judgments , let us patiently submit to our king , though he should persecute and oppress us ; and expect our protection here from the divine providence , and our reward in heaven ; which is the same encouragement to non-resistance , which we have to the practise of any other vertue . were the advantages and disadvantages of resistance and non-resistance in this world fairly estimated , it were much more eligible to submit , than to rebel against our prince ; but there can be no comparison between these two , when we take the other world into the account . the last judgment weighs down all other considerations ; and certainly rebellion may well be said to be as the sin of witchcraft , when it so inchants men , that they are resolved to be rebels , though they be damned for it . the end . books printed for fincham gardiner . . a perswasive to communion with the church of england . . a resolution of some cases of conscience which respect church-communion . . the case of indifferent things used in the worship of god , proposed and stated , by considering these questions , &c. . a discourse about edification . . the resolution of this case of conscience , whether the church of englands symbolizing so far as it doth with the church of rome , makes it unlawful to hold communion with the church of england ? . a letter to anonymus , in answer to his three letters to dr. sherlock about church-communion . . certain cases of conscience resolved , concerning the lawfulness of joyning with forms of prayer in publick worship . in two parts . . the case of mixt communion : whether it be lawful to separate from a church upon the account of promiscuous congregations and mixt communions ? . an answer to the dissenters objections against the common prayers , and some other parts of divine service prescribed in the liturgy of the church of england . . the case of kneeling at the holy sacrament stated and resolved , &c. in two parts . . a discourse of profiting by sermons , and of going to hear where men think they can profit most . . a serious exhortation , with some important advices , relating to the late cases about conformity , recommended to the present dissenters from the church of england . . an argument for union ; taken from the true interest of those dissenters in england who profess and call themselves protestants . . some considerations about the case of scandal , or giving offence to weak brethren . . the case of infant-baptism ; in five questions , &c. . the charge of scandal , and giving offence by conformity , refelled , and reflected back upon separation , &c. . a discourse about the charge of novelty upon the reformed church of england , made by the papists asking of us the question , where was our religion before luther ? . a discourse about tradition , shewing what is meant by it , and what tradition is to be received , and what tradition is to be rejected . . the difference of the case between the separation of protestants from the church of rome , and the separation of dissenters from the church of england . . the protestant resolution of faith , &c. some seasonable reflections on the discovery of the late plot , being a sermon preached on that occasion , by w. sherlock , d. d. rector of st. george buttolph-lane , london . king david's deliverance : or , the conspiracy of absolon and achitophel defeated , in a sermon preached on the day of thanksgiving appointed for the discovery of the late fanatical plot. by thomas long , b. d. one of the prebendaries of exon. notes, typically marginal, from the original text notes for div a -e milton pro pop. angl. defensio . p. . notes for div a -e iulian the apostate . iulian apostate god and the king, or, monarchy proved from holy writ to be the onely legitimate species of politick government, and the onely polity constituted and appointed by god wherein the phantasied principles of supereminencing the peoples welfare above the kings honour, and popular election of kings are manifested to be groundless and unseasonable / briefly collected by robert constable. constable, robert. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) god and the king, or, monarchy proved from holy writ to be the onely legitimate species of politick government, and the onely polity constituted and appointed by god wherein the phantasied principles of supereminencing the peoples welfare above the kings honour, and popular election of kings are manifested to be groundless and unseasonable / briefly collected by robert constable. constable, robert. [ ], p. printed for w.l., london : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng monarchy. divine right of kings. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion god and the king : or monarchy proved from holy writ , to be the onely legitimate species of politick ▪ government , and the onely polity constituted and appointed by god. wherein the phantasied principles of supereminencing the peoples welfare above the kings honour ; and popular election of kings , are manifested to be groundless and unreasonable . briefly collected , by robert constable , m. a. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . rom. . . vvherefore we must be subject , not because of wrath onely , but also for conscience sake , rom. . . london , printed for w. l at the crown in cornhill near the stocks-market , . to the reverend , and his loving father , robert constable . dear father , how much i am obliged to you both for my being and well-being , i desire now to testifie unto the world ; for though to requite your love , and bounty be not within the sphere of my * ability , yet since the † apostle commandeth children to learn to requite their parents , and nature it self hath taught unreasonable ( a ) creatures this lesson , i shall endeavour ( by gods help ) to pay that threefold debt of obedience , reverence , and gratitude , which all children owe to their parents . and therefore i shall ever devote my self unto your service , to whom ( next under god and my king ) i owe my self , and those abilities i have , both natural , and which through gods blessing upon your liberal education , by a double apprentiship , in two * famous and flourishing societies , i have acquired . to express therefore my due observance , and gratefull recognition of your former care , and cost ; i here present you with ( the first = born of all my labours ) a brief collection of the divine right of monarchy , evidently deduced ( e sacris paginis ) to be the onely species of politique government , and that the people have no right in the collation of their king , or any colour to presume to the same . the undeniable right of this subject absolutely lessens my endeavours ; because to prove a principle is to deny it the force of a principle : but , because some in the world are not ashamed to make this case disputable , therefore , ( pregnant with zeal , though weak in the delivery ) i brought this into the world , presuming that the alwaies assented to truth hereof would strengthen me in my travel . and thus brought forth i beg for it ( as a true born son ) your baptism . hoping that for the fathers sake , qualis qualis est , aequo animo consules : and so to the world , under your protection , it is committed , by reverend sir , your ever obedient son , and humble servant . robert constable . god and the king . government , in general , is , the administration and exercise of that power and authority which the superiour hath over the inferiour ; which , at the very instant of the creation of the world , took beginning ; for the very first creatures which god made , being inferiour to him both in glory and power , became subject unto his guidance , rule , and government . and god , who is a god of peace and unity , to the end to establish and preserve peace and unity amongst his creatures of different kinds and natures , did by his providence and wisdom create all their kinds in several degrees of superiority and subordination , that as one kind did naturally exercise a rule , so the other might as naturally yield submission and obedience . so that government , being a word of relation , necessarily requires a correlatum , which is subjection , the one not existing without the other . and therefore as government is an undeniable institution of god ( as in the series of the whole universe is most evident and clear , every creature having a certain rule dominion , and dependancy one of anoher ) so subjection or obedience , being its necessary correlate , is as undeniably requisite and necessary . for the wisdom of god which saw the preservation of the universe , to have a necessary dependance upon the mutual peace and unity of these three several kinds of creatures , ( viz. the angelical , intellectual , and natural agents ) whereof the universe was composed , and that peace and unity to have the like dependancy upon their order and government , did likewise see it necessary that the same means should have the same efficacy in the particulars of each of these three species , lest confusion in particulars should produce the distruction of the species , and by consequence of the universe . for most true is that saying of nazianzen , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . order is the mother and preserver of all things . therefore the lord did not terminate the influence of order and government in the species of any of the three several sorts of creatures , but did also originally constitute the particulars of each in different degrees of superiority and subordination or subjection . as amongst the holy angels we find arch-angels , thess . . . and , jude v. . and amongst the devils belzebub , the prince of devils , matth. . . and the obedience of angels ( i mean not that of the whole species unto god , but their obedience unto one another , ) is strongly intimated by christ in the third petition of that prayer ( which he gave to all christians as a precept , luk. . . ) wherein we desire that our observance of gods will here on earth , may be such as the angels perform in heaven : but our observance of gods will is not terminated in the obedience of the species unto god , but further comprehends the performance of those duties , adhibited in the fifth commandment between inferiours and superiours , whether it be in political or paternal government . and amongst the natural agents which by a natural instinct are dependant and subservient one to another ; as the heavens to the earth , the earth and heavens to the plants and these three to sensible creatures ; amongst whom the lyon is invested with a certain natural power and authority over the beasts of the field ; the eagles over the fowles of the air , and the leviathan or whale over the fish of the sea. and jerome affirmeth the same order to be observed amongst every particular society of sensible creatures . the dumb beasts and wild herds ( faith he ) do follow their leaders ; the bees have their king , and the cranes flye after one another like an alphabet of letters . but this wisdom and providence of god in the constitution of degrees of superiority and subordination amongst the particulars of the immediate species of the universe , is most manifest and perspicuous in the species of the rational creatures . for god , in the very first beginning of the world invested adam , gen. . . not onely with the rule and dominion over all the other creatures of the world , but likewise with a monarchical supremacy ; not onely oeconomical over the one created family in paradise , but political over a society consisting of many families , which were to descend of adam . for the same law which commanded obedience to parents did oblige all adams posterity to the performance of this monarchical obedience to adam . now although this government be styl'd most commonly paternal , because all adams subjects could derive their pedigree from the blood royal ; yet is it the very same with that we term regal . therefore the holy ghost , to demonstrate unto us that the name did not create any real difference between this paternal and regal government , did afterwards in the penning of the decalogue , use onely the word , father , to express all sorts of government . and this indeed is the ground of monarchy : which , as a learned divine hath well described , is a politick government instituted and approved by god , consisting in the prudential administration and exercise of the supreme power and authority of one person over all other within the same society , for the preservation of peace and vnity in order to god's glory , the kings honour , and the peoples welfare . where we may observe , . the efficient cause of monarchy . the end or final cause thereof , the efficient cause of monarchy , is , either principal or instrumental . the principal efficient cause of monarchy is god , by whom all power is ordained , rom. . . for god is the universal , principal , and primary efficient cause of all things ( sin only excepted ) rom. . ult . and gen. . . there we find a king of gods own making , and his regal power of god's own institution . for sem ( alias melchisedec ) was by gods special ordinance a type of christ , both in his regal and sacerdotal office , heb. . . and therefore is stiled by the holy ghost , the king of righteousness , and king of salem , which is jerusalem , where this melchisedec raigned until jacob's time . and also several persons receiv'd their regal investiture from gods immediate and particular consignation , who had no other title to that monarchical honour and supremacy ; as , saul , sam. . . david , sam. . . and solomon , king. . . kings of israel , jeroboam , king. . . jehu , king. . kings over the ten tribes ; and amongst the heathens , hazael , king. . . was made king of syria by gods particular appointment ; and cyrus , isa . . . who , although a heathen , is there called gods annointed , ergo. obj. but it may be objected . that when the people of israel asked god for a king , he was very angry with them , and did declare his dislike thereof by a miraculous thunder and rain , sam. . . ergo. sol. to this i answer ; that god was not angry with the peoples desire of a king , as in relation to the object of their desire , viz. monarchy , but rather was well pleased therewith , being the very ordinance of god himself , deut. . , . and therefore was sanctified to the people with the promise of a blessing , sam. . . and further confirmed unto them by god himself in his own particular election of another king , viz. king david , a man after gods own heart : but as in relation to the end of their desire , which was idolatrous and sinfull , laying the hopes of their deliverance , from those pressures under which they then groaned , upon the king , looking for deliverance from him , and not from god , he was angry with them ; as god deolared unto samuel , sam. . . they have not rejected thee , but they have rejected me ; imputing more to the power of a king for their deliverance than unto my power , so forgetting me their creator and preserver . and for the further manifestation of the divine right of monarchy god was pleased to sanctifie it with the blessing of divine prescription . for monarchy began in adam , and so continued in his posterity successively until the flood ; and after the earth was again replenished , the church was limited to sem ( as aforesaid ) king of jerusalem , where he reigned till jacob was fifty years of age. who went down to egypt with all his posterity , and there lived in bondage and slavery , till god raised up moses their monarch and ruler , by whose hand he delivered them , and after successively continued that monarchical rule over them ( as is manifest in the holy history of the israelites ) even from moses unto our saviour christ , king of kings , and the true king of the jewes , matth. . . except where their sin and ingratitude made them incapable and unworthy of the great blessings and favour of the monarchical government , and brought that heavy curse of anarchy upon them . for whilst there was no king in israel , in those dayes every man did what was right in his own eyes , measuring their actions by the law of their own lusts . all which enormities the holy ghost justly imputeth to the want of a king and regal government in israel . although they had their synedrim and great council amongst them ; yet it pleased god in all their captivities and distresses during those sinful times wherein they wanted a king and regal government , to raise them up occasional judges and monarchs for their occasional deliverances ; thereby to manifest to them the benefit of monarchy , and how conducent regal and monarchical government was to their constant security and happiness ; god himself honouring this blessing of monarchy with many gratious pactions and promises , as to david , sam. . to solomon , king. . yea and to wicked saul , sam. . and idolatrous jeroboam , king. . and therefore a token of gods approbation of that calling of monarchy , as a natural gift and blessing ▪ requisite to humane perfection , for the lord did never thus directly declare his approbation of any curse or privation of these blessings , which was an effect of sin ; nor of any calling which was grounded thereupon , such as that monkish mendicancy which is used in the church of rome . for that command of christ to the young man in the gospel was principally probatory ; and all christs promises made , either to him , or his disciples for remuneration of their piety , who forsake all for his sake , relate primarily and properly to the love of christ , and to such disvaluations and desertions of worldly and natural gifts and blessings , onely accidentally and in a secundary sense , when they come in competition with christ , who is to be preferred above all other things whatsoever , although never so dear unto us , matth. . : but i say such curses and privations of worldly and natural gifts and blessings were never directly and positively honoured with a sanction of a remunerative promise , as monarchy is in the prementioned texts . and this i hope may suffice to evidence the primary and principall cause of monarchy , to be god alone . now it rests to speak of the secondary or instrumental cause thereof . in crowns as in all other ( nay much more than in any other ) possessions , he that entreth not in by the door of right and justice is a thief and a robber whose intent is but to rob and steal , whereby to satisfie his own ambition and avarice , as the constant event hath manifested in all usurping traitors , abimelech , absalom , baasha , zimri , omri , and many others both antient and modern , as that traitor the bane of our english nation o. cromwell , whose wickedness ( i fear ) hath drawn those national judgements upon us , which since we have suffered : whose name ( i call god to record with me ) when i remember , makes my flesh tremble , stupifies all my senses to think flesh and blood should be guilty of such execrable acts , the perpetration whereof hell with all its damnable crue scarcely could or ever did exceed . but the prodigious guilt of this miscreant so much exceedeth the mild point of my pen , that in the further process , i should but lessen my own resentments , and seem to favour that which is the fittest subject for the greatest satyre in the world . the instrumental cause of monarchy , is the secondary means which god makes use of , for the immediate collation of this supremacy upon any man , whereby to intitle him to the regal diadem , and that , either extraordinary , when god doth declare his will by extraordinary revelation , and that either for a blessing to his people , over whom he placeth him , by making him a minister of his favours and mercies , or for the executioner of his judgements for the punishment of the peoples sins . or ordinary , when god doth advance a man to this regal dignity and honour by those ordinary wayes and means , which are constant rules for us to judge of , whereby to acknowledge this soveraignty and yeild our obedience ; and this likewise either , when the soveraign power is attained by those ordinary wayes and means which are approved and warranted by the word of god , and the rules of reason and equity : or when the same is attained by violence and injustice , and such cursed wayes and means , as are repugnant to the word of god , and the rules of justice and equity . the dispute of the former would be arrogant and impious ; for the extraordinary wayes of god , are far above our judgement , and further above our imitation : god never intending such for a president whereby to frame our actions , but onely our submissions thereunto . and therefore i shall insist upon those ordinary wayes and means which are the rule of our actions in this kind ; which ( as i have said ) is twofold . either when attained by violence and injustice , and repugnant to the word of god , and the rules of justice and equity ; which is called vindicative : or when it is attained by those ordinary means which are approved and warranted by the word of god ; and this is called gratious . concerning which , there are two opinions , the one , propugned by some , that the right of the royal investiture pertaineth to the people . the other , and that most certainly , is imputed to birthright and hereditary succession . their arguments , whereupon they ground the former opinion , are , partly instantial , and partly rational . the instances alleadged for the propugnation hereof , are the inaugurations of those kings which the scriptures mention , to be made or annointed by the people ; as saul , sam. . . all the people of the land came to gilgal to make him king. and david whom all the men of juda annointed king at hebron , sam. . . and afterwards was annointed king over israel at hebron by all the tribes of israel , sam. . . and solomon who was likewise annointed by the people , chron. . . and jeroboam , whom the people made king , king. . . and vzziah , whom the people of the land made king , king. . . and jehoahas , who ( although he was the second son of joshuah ) was made king by the people in his fathers stead , chron. . . the reason , they ground this opinion upon , is taken from that aristotelian principle , honor est in honor ante , & non in honorato . and therefore the honour ( say they ) and submission , which kings receive , is originally in the people . and therefore they think it not reasonable , that the people should be obliged to give obedience and yield honour to any person but him whom they think and judge worthy of it , and so manifest their judgement of his worth , by their election of him to be their king and soveraign . and lastly , they add st. peters testimony , pet. . . who terms regality an ordinance of man , which were false , if it did proceed from god , and not from the people ; for then it were an ordinance of god and not of man. now from these grounds they deduce two damnable ( because rebellious ) consequences and corollaries . . that though the king be major singulis , yet he is minor universis ; and therefore that is no rebellion , but duty in the people , to resist and oppose the king , nay to depose and dethrone him , where the people judge it necessary in relation to the defence of their own safety . . that the king doth receive and enjoy this honour onely by vertue of a stipulation or covenant between himself and the people . and therefore if the king do violate this covenant and break the trust reposed in him by the people , by any acts which are destructive , ad salutem populi , ( whereof they presuppose themselves to be judges : ) that then the people are absolved from their allegiance grounded upon that trust and covenant , and may lawfully provide for their own safety and welfare , either by resistance , deposition , dethronement , or any such means as themselves shall judge thereunto conducent . now to confute this opinion concerning the peoples right and power in this regal investiture , and in answer , to the arguments alleadged for the propugnation thereof , and to those damnable and execrable inferences grounded thereupon ; we must know , that these acts of the people , mentioned in the premised instances of scripture of making and annointing kings , are , either acts of homage and duty , by way of acknowledgement and testification of the supremacy already legally confirmed upon the person to whom these duties are performed ; which in scripture are expressed upon two several occasions ; the one , where god did confer this supremacy and regal honour , by any extraordinary wayes and means , as in saul , david , solomon , and jeroboam . the other , where god used their means for the vindication of the kings just title against an usurper , as in joas , whom jehoida the priest , and the captaines , and the people crowned and annointed king in the temple ; restoring him to his just rights which had been usurped by his grandmother athaliah , king. . , . and in hosiah the son of amaziah whom the people restored to his just power , which the conspirators ( who slew his father ) had usurped : and in both these cases , the acts of the people are good and lawful , and approved by god ; being declared to be the will of god , upon the former occasion , extraordinarily ; upon the latter , ordinarily . and indeed is nothing else , but the peoples necessitated assent and manifestation of joy , for that blessing which god hath bestowed upon them ; and therefore bound to perform all acts of obedience and loyalty to him so invested , whereunto they do by this act of theirs silently and implicitely promise and engage . and not by this act of theirs stipulating ▪ or adding any authority or supremacy to the person so inaugurated ; as in those instances , if severally and seriously considered , will appear : for , sam. . . we find saul , and that by gods appointment ( where the text faith ) hath not the lord annointed thee to be governour over his inheritance ? as also david , who was annointed king by samuel , according to gods command , sam. . . solomon by zadoc the priest and nathan the prophet , king. . . jeroboam , by the prophet ahijah , king. . , . all which being performed by the immediate command of god , declaring his will and pleasure concerning the advancement of them to their several power and preheminence by extraordinary revelations , do evidence , the right of royal investiture , to pertain onely to god ; by whom kings raign : and that , not onely when he doth so declare his will by those extraordinary means ; but also , when that power is attained by those ordinary wayes and means , which are warranted by gods word and the rules of reason and equity ; as in joas whom jehoida the priest made king in pursuance to the promise of god to his servant david that his house should be established for ever . or else these acts of the people are acts of seeming power or authority , collating this supremacy and regal power upon some person , who hath no other right or title thereunto , neither of birth-right , nor of revelation from god ; as upon absalom , adonijah , jehoadas , judas , theudas , and barchozba , ( who professed himself the messiah , and drew the people into rebellion against the roman emperor ▪ which occasioned those wars wherein jerusalem and the jewes were destroyed , ) and these acts of the people are execrable , sinful , and rebellious , and so declared by gods judgements thereupon , for wheresoever the scriptures mention the constitution of a king after this manner , you shall find that they likewise record ( not onely the frustration of the peoples endeavours , but also ) that they were frustrated by some heavy and sudden judgements of god , both upon the usurper ( whereby he was degraded from his undue honour ) and the people , who presume to confer that honour upon him without a warrant from god , and so by that means to obtrude a deputy upon god of their own and not of gods election . whereof we have a lively instance in the madnesse of the people of england in these late times , placing forsooth their ( lord protector ) by those horrible sins of rebellion and sacriledge , not onely perpetrated against the right and power of our late dread soveraign , but even against his sacred and most royal person . o heaven ! o earth ! what satisfaction can be made for that sacred blood , shed , to satiate the gluttonous and sacrilegious lust of traytors and rebells , who build up sion with blood , and jerusalem with iniquity ? but surely god will avenge the blood of his servant , crying ( like the blood of abel ) for vengeance . these acts of the people in annointing of kings are onely mentioned where some of these occasions happened ( that is ) where there was an interruption of the ordinary means of conferring the supremacy by birth-right and hereditary succession ; either by the interposition of gods just prerogative in the advancement of some person by extraordinary and immediate revelation , or else by the usurpation of some who had no right or title at all , but force and violence , ( either private of themselves and some few partners , wherein god stirred up the people to vindicate the kings right ; or publick of the people ) but where the supremacy and soveraign power ( with all the appendages ) descended by birthright ; there is no mention at all made of the people ; though the act of duty and homage was as necessary to be performed to all who enjoyed the crown by hereditary succession ( as to abijah , asa , jehosaphat , jehoram , and the rest , to whom the people were no less obedient and subject than to those who were appointed by god ) but i say in those cases , the peoples acts of submission and homage are not expressed but presupposed , as known acts of duty to those kings who attained the supremacy by those ordinary and known means of birthright . and how many instances are there in scripture of the inefficacy of the peoples endeavours in this kind , as in aarons and the israelites honouring and proclaiming the golden calf , to be a god and guide in moses stead , yet did not that popular election legitimate that calfes power and title , exod. . and absalom was proclaimed king by all the thousands of israel , yet did not that act of the people legitimate absaloms title to the crown . for the holy ghost termeth it a conspiracy when it was at the very height , sam. . . shcba had ten tribes for him , when david had but one , and yet was he never termed a king , but a man of belial , sam. . adonijah confesseth that ( although the faces of all israel were set on him to make him king , yet ) he never had any just title or right to the kingdom ; for the lord had designed it for his brother solomon , king. . . upon all which god manifested the guilt of their sin , by sending those fearful judgements both upon the people and the traitors so exalted . to the reason grounded upon that principle ( quod honor est in honorante & non in honorato ) let it be premised ; that honour involves a twofold relation : the one primarily and per se to that quality or excellency which is found in the person , for which he is honoured and esteemed . the other secondarily and virtute prioris to the act of honour and estimation whereby we judge well of the person so and so qualified ; and therefore all acts of honour in the secondary sence are acts of duty , as being the effect of that qualification in the person so magnified and honoured . so that it is evident the honour and submission which the people exhibite to their king , even from this ground and principle of aristotle , are not acts of favour to be conferred and disposed voluntarily at their own will and pleasure , but acts of duty , not onely morally , as the acts of honour in the premised principle meerly intimates ; but also by a divine necessity , being thereto obliged by the law of god. and therefore must be performed to such , as god esteems worthy of the honour to be his deputies ; and not upon such as themselves judge worthy to be their rulers : for you know the people are obliged to exhibite acts of honour and reverence to a judge ; but it doth not therefore follow ▪ that the people make that man a judge , but he is made such by letters patents from the king , without asking any consent from the people . to st. peters testimony i answer , that the apostles expression there , relates to the subject of soveraignty and power , which is the king , and those who are over us under him ; as manifestly appears by the immediate following words of the text , peter . , . submit your selves unto every ordinance of man for the lords sake , whether it be to the king as supreme or unto governours as them that are sent by him : ( as if he had said ) submit your selves to every humane power and authority that god hath set over you , not onely to the king himself , but also to his ministers and magistrates , although they are his subjects as well as you : for there is no power but of god , and whosoever resisteth the power , resisteth the ordinance of god. and they that resist shall receive to themselves damnation , &c. rom. . but it doth not at all relate to the original and efficient cause of that power , which is god , and neither king nor people . and now ( i hope ) the profanity of that former inference of theirs is perspicuous , appearing most damnable being directly contradictory to that express rule , which god himself hath prescribed in this case , exod. . . thou shalt not follow a multitude to do evil , neither agree in a controversie to decline after many . where god plainly declares that the universality of the offenders cannot legitimate the fault ; as appears in the sin in erecting the golden calf , and absaloms conspiracy . for though it be a maxime in policy , that multitudo peccantium tollit peccatum ( i. e ▪ ) poenam peccati : and therefore in crimes of the blackest dye the offenders often times escapes their due punishment . it is as true a maxime in divinity , that multitudo peccantium aggravat peccatum ( i. e. ) culpam peccati ; and the more i seduce the more guilt i contract : although the multitude of partakers may secure me from punishment , in foro judicii humani , yet i am sure to receive the just reward of that sin at gods tribunal ; from which the whole society of men and devils , cannot secure me . but not to bind these nice disputants to an argument of conscience ( which indeed is scarce to be found amongst them ) to evince their error , let us consider the absurdity and sencelesness of their opinion both in policy and reason . for if the major part of the people be superiour to the king , then the government is not monarchical , but democratical , every species of policy deriving its denomination and nature from those that are invested with the supremacy : but that democracy is the basest kind of policy ( confusion and destruction being the conclusion of such a government ) both experience , and the general consent of all politians do declare and so asserted both by jerome , and cyprian , and even calvin himself ( although a favourer of the peoples right , in appointing of their king and monarck ) * divers men have divers minds and meanings , and therefore amongst a multitude of governors , emulation and dissention are no rare springs . nay ( both jerome and cyprian ) record it for a probatum in daily experience , that so many leaders , so many followers , so many rulers , so many factions , do tear and rent in pieces the peace and vnity of all societies . to which agrees calvin , affirming , an equality amongst governours to be the mother of factions . it 's one of our saviours own maximes , matth. . . that a kingdom divided against it self cannot stand ; but every democracy must necessarily divide a kingdom against it self , ergo , &c. that democracy must necessary divide a kingdom against it self , is proved from another of christs own maximes , matth. . . no man can serve two masters ( much lesse three or four hundred masters ) but in every democracy there are ( at least ) two masters . and therefore no man can be a true subject or servant in such a common-wealth ; but ( as christ faith ) must necessarily be factious , by loving one and hating all others , and adhering to one , and rebelling against others . and therefore it is observed , that in christs time , when esay had prophesied , that there should be an universal peace over the whole earth ; that then , there was not any kind of polarchy in any kingdom in the world ; because in its own nature every polarchy is inconsistent with peace and unity ; the end and conclusion thereof being absolute ruine and desolation ( the common fate of all divided kingdoms ) except god in his mercy , prevent the same by the reducement of such a government to a monarchy ; a manifest experience whereof we have both in the athenian , syracusan , lacedemonian , and roman common-wealths ; whose polarchical dissentions occasioned many intestine wars and tragical conflicts , which in fine must necessarily have produced the ruine and desolation of them all , if the opportune reducement of those polarchies to a monarchy had not prevented it . lastly , every individual member of the same society is obliged to exhibit acts of obedience and loyalty to their lawful prince ( as the former part of this distinction of these subtile logicians intimate ) allowing the king to be major singulis , but upon what grounds they deny his authority in vniversis , i leave to the censure of every rational judgement seriously considering this deduction , peter is obliged to exhibit acts of obedience to his prince , so paul , so john , and so every individual member of the same society ; ergo , ( according to that logical maxime , a particularibus ad universale valet consequentia ) they all in universal , are obliged to exhibit acts of obedience to their king. to the second inference ( viz. ) that the king doth receive and enjoy this honour onely by vertue of a stipulation or covenant between himself and the people ; and therefore if the king doth violate this covenant , and break the trust reposed in him by the people ; that then the people are absolved from their allegiance , grounded upon that trust and covenant , and may lawfully provide for their own safety and welfare , either by resistance , deposition , dethronement , or any such means as themselves judge to be most conducent to their own security . to this i answer that this covenant ( its true ) implyeth a mutual engagement of the parties therein concern'd ; but the parties primarily and originally concerned are , god upon the one party , and the people upon the other party , as moses declareth , when he reciteth that original and general covenant ( which is indeed the ground of all other particular covenants ) lev. . deut. . and therefore solomon , eccles . . . maketh this covenant a ground why people should obey the kings commandments , not as the kings , but as gods commandments ▪ whose vicegerent the king is ; for where the word of the king is there is power , and who shall say unto him what doest thou ? for the kings heart is in the hand of the lord , as the rivers of water he turns it which way soever he will , prov. . . and therefore the king is onely the deputative party assigned by god , and intrusted by him for the performance of the covenant upon gods part , either for a vengeance , or recompence to the people , as the lord himself judgeth of their merits . and though the king may spare the wicked and persecute the righteous even unto death , as pilate did our saviour , yet even in that the king doth but execute gods decrees , as the holy ghost doth declare concerning that unjust judgement of pilates , acts . . for pilate did nothing but what god had determined before to be done , for every mans judgement is from the lord , prov. . . and not from the judge or ruler . so that ( in a word ) the king may do male ( that is ) a wrong to himself , ( for which he is accountable to god ) but he cannot do malum ( that is , any wrong to us ) by inflicting any thing upon us , which is not just and according to our deserts from god , whose place the king supplies in judgement , which is the ground of solomons assertion , that , the kings lipps do pronounce divine sentences , and that his mouth transgresseth not in judgement , proverbs . . now therefore upon these grounds of solomons it is manifest , that there is no sence , why the people should claim any power over the king by vertue of this covenant . first , because the king is not their deputy , but gods , and every man must accompt to him for his actions , who doth constitute and depute him ; as when the king doth depute a judge for any province or city , the people under his command have no power to question him for any act which they conceive unjust , but either by petition to that judge , or else by their addresses to the king his master , whose trust all corrupt judges do deceive , and not the trust of the people ; for they receive not any power or authority from the people , but from the king : and in like manner the people for redress of their grievances from the kings oppressions , must address themselves to the king by petition , and if that prevail not , then to god by prayer , ( who is the kings sole lord and master , and from whom he receives his power , and whose trust all tyrannical kings break by acts of injustice ) which is the ultimum refugium , as samuel declares when he prophesieth of sauls tyranny , whereby the people should be grievously oppressed ; for redresse whereof the people ( when the king would not hear ) should cry unto the lord , sam. . . other means of remedy than which , the prophet samuel did not dream of , nor could prescribe to the people to make use of ; and whereas if he had conceived resistance to be lawful , he might soon have found out that way , and have the people so to provide for their own security . secondly , because the people never receive injustice from the king , if they look upon themselves ; for the judgment is the lords , who cannot do injustice , nor break the covenant upon his part ; although his minister and deputy may fail and offend in the execution of his office in his own particular , which is his own guilt . as a hangman that executes the just sentence of death upon a malefactor , if in doing his office , his intentions have not reference to the sentence of justice , but the satisfaction of some private grudge , or some covetous design or the like , that officer is guilty of murther , although the malefactor receive from his hand nothing but his due deserts . and thus much ( i hope ) sufficiently declares the error and vanity of that opinion , that the peoples consent and approbation , are the ordinary and instrumental means and causes of that supremacy and soveraign power , which doth preheminence the monarch above all others within the same society . now it rests to speak of that opinion , which ( and that most certainly ) imputeth the secondary and instrumental cause of monarchy and regal dignity to birth-right and hereditary succession ; the efficacy whereof holy writ doth manifest , preheminencing , the first born above all his brethren in honour and possessions , as the lord declared to cain , gen. . . nor was it in the fathers power , either for love or hatred , to alter the law of the first born , and to transmit the honour and inheritance due to him , to his younger brother , deut. . . and in that statute , which the lord himself made , ordering the descent of honours and possessions , num. . the lord doth direct that they be conferred by birthright and hereditary succession ; and not by the election or discretion either of moses or the people . but more specially to our case , the lord was pleased to honour it with the promises of perpetuating these honours and royal dignities unto any family , which were alwayes grounded upon the perpetuation of the royal issue , in giving sons that should sit upon the throne , as appears in his promises to david , sam. . . to solomon , king. . . to jehu , king. . . and most manifestly upon jacobs prophesie , which upon this very ground entailed the crown and scepter unto judah , until shiloe came , gen , . . the performance of which gratious promise was executed in abijam , who succeeded rehoboam , and asa him , jehosaphat him , and jehoram him , and so in the rest , as the sacred chronicle doth at large relate , who all inherited the crown by vertue of this birth-right , without the concurrence of any other cause or meancs . and this may suffice as touching that instrumental and ordinary means ( viz. gratious ) whereby god doth advance a man to the regal diadem , dignity and honour , and which is a constant rule for us to judge of whereby to acknowledge this soveraignty and yield our obedience . the other instrumental means of this supremacy , which creates a right and title to the crown , is vindicative , and that is sword and conquest , which the lord declareth to be one of the severest and heaviest of his curses and judgements upon a nation , lev. . . and the lord styled the victorious king of assyria , isa . . . the rod of his wrath , and staffe of his indignation ; because by his sword he was resolved to pour out the vials of his fierce wrath upon the ten tribes , for their idolatries and abominations . quest . it may be here demanded , whether conquest be a lawful and good title , and whether any king who doth claim from thence , be a lawful king , or onely an usurper . answ . conquest in it self makes no better title to a crown , than ahab had to naboths vineyard , or than the robber hath to the travellers purse : for as it is an affliction and punishment to the passive party , so it is a sin and injustice in the active party ; and directly contrary to the law of god which prohibits all injuries to our neighbours ; but yet such a title may be legitimated and made lawful by the declaration of gods will concerning the same . now gods will in this case is declared two wayes . first , extraordinarily , by immediate revelation ; and so jeroboams , jehues , and nebuchadnezzars titles were legitimated . the second ordinarily , by the extinguishment of the royal family , which is a declaration of his wrath and vengeance upon that house ; and so the lord did legitimate baasha's title , as himself acknowledgeth by the extinguishment of jeroboams house , king. . . now where the lord hath declared his will by either of these wayes , the conquerers title is good and legal , and all those who claim from that conquerer are lawful kings . but where the conquerers . title is not legitimated by one of these two wayes , the conquerer is but a meer usurper , and it is not onely lawful , but a necessary duty in the people to resist him , and to use their utmost endeavours for the deposition of that usurper , and the restitution of their lawful soveraign to his just rights , as jehojada , and the people restored jehoash , by the deposition and murther of athaliah , after she had raigned peaceably for six years , king. . and as the people restored vzziah by the deposition of those conspirators , who slew his father amaziah , after they had raigned peaceably eleven years , chron. . quest . if it be not lawful for a people to elect their own king , nor any means assigned by god for collation of this honour , but either birth-right or conquest ; what is to be done when the royal family is extinct , and no conquerer doth claim ; and where a mixt multitude ( amongst whom there is no relation of blood to preheminence one above the rest ) do consent to make a plantation , and to erect a new commonwealth ? ans . samuel hath set us a president in this case , sam. . , . for though the lord had revealed his will to samuel concerning his own election and appointment of saul to be king , sam. . . yet because samuel foreknew that king should be a tyrant , to plague the people for their idolatrous trust in a king , he concealed that revelation , and would not nominate their king , lest the people should afterwards ( when they suffered by sauls oppression ) blame samuel for appointing him : but used the means of lots , to declare the will and pleasure of god in electing of a king unto the people . and the like was used by the eleven apostles , when they had no warrant from god to appoint or elect another apostle , nor durst presume to confer that high calling upon any man without a warrant from god , as you may read , acts . . so that in both those cases mentioned in this question , we are to use the means of lots ; for that means is likewise warranted by god , where his will is not otherwise known and declared , prov. . . but the peoples election is absolutely unlawful ( as the premises , ( i hope ) have sufficiently manifested ) either in those or any other cases . and this of the efficient causes of monarchy . the end or final causes thereof , are , either principal , and that is gods glory and the kings honour ; or less principal , and that is , the subjects welfare . the principal end of monarchy is , either , ( as the schoolmen term it ) originans , which is gods glory ; or originatus , that is , the kings honour . now concerning the original principal end which is gods glory , it is to be understood that we do not speak of it here in its extent and latitude , as it is the universal end of all things , but onely as it is limited to monarchical actions and duties ; in which sence , gods honour and the kings , are not really , but modally onely different , both of them consisting in the very same duties , and are of the same nature in reference to monarchy . for all excellency , worth and goodness is radically and essentially in god , from whom is communicated personae honoratae that worth and goodness for which he is honoured and esteemed . and therefore this politick honour which preheminences the monarch above all others in the same society , is that excellency which god communicates to him , enabling him for the execution of the duties of his calling , in the rule and government of his people and subjects ; and with a power to constitute and enact laws and statutes for the publick good , and benefit of the common-wealth ; and with power to execute the same lawes , either by remunerating the integrity of pious and just men , according to the merits of their service and obedience ; or by correcting and punishing the delinquences of disobedient and evil men : for a seditious person seeketh onely evil , and a cruel messehger shall be sent against him , prov. . . obj. but it may be objected , that seeing the kings honour is subsequent to gods glory ( it being the chief principal end of monarchy ) that then when the kings commands are contrary to gods , we may resist . sol. we may resist his commands , but not his power , for in those cases we must obey god by an active , the king onely by a passive obedience : for which we have the president of the apostles themselves , acts . . who did refuse to obey the commands of the rulers , prohibiting them to preach in the name of jesus , but yet submitted to their power , in yeiding themselves to be imprisoned and beaten , according to the commands of the rulers . so that they obeyed both god and the magistrate ; the first by doing , the latter by suffering . for rom. . we must needs be subject , not onely for wrath , but also for conscience sake , by christs example , who needed not to have submitted to pilate , or the jews for wrath ( for he was able to overthrow them all with a blast of the breath of his mouth ) but yet to honour the substitute and deputy of his father , he submitted to their power , acts . . which is the ground of nazianzens advise , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; we must submit to good kings , as to the lord himself ; to bad kings , for the lords sake . and solomon , eccles . . ; makes this more evident , where he extends the honour and reverence due to kings , unto the very thoughts and imaginations of the heart ( notwithstanding they were both fools , tyrants , and idolaters ) for when solomon prohibited the cursing of the king , yea even in the thought , he was not ignorant that saul had been a tyrant , himself an idolater , and that his son rehoboam , who should succeed him , was a fool . object . you will say , what ? must men then think and believe manifest lyes ? must we neither say nor think that those kings are evil and wicked , which manifest themselves to be such in all their actions , such as the scriptures record for most infamous and notorious finners ? sol. kings in reference to their duty towards god , may be more wicked than other men , because they may offend in a double capacity . first , in their natural , by transgressing gods commandments , which do oblige them equally ▪ as they do other men . secondly , in their politick , as gods deputies by breach of that trust , which god hath reposed in them , for ruling and governing of his people according to justice and equity . but in reference to their duty towards us , they cannot do wicked things , ( as before shewed : ) so that the words of solomon are to be understood onely of kings , in reference to the exercise of their power upon us ; which whether it be for good or hurt , is still from god : and therefore we may not think them evil and unjust to us ; for the judgement is not theirs but gods , prov. . . who cannot be unjust . now as god did deligate unto kings a power over our persons in his ordinance , for their primary power and authority ; so did he likewise give them a power over our estates , for the magnificent maintenance and support of that honour , which is their secondary honour of maintenance and revenue : which was the ground of christs command , matth. . . to render a tribute of our goods to caesar , intimating that this temporal honour of tribute , was ( by vertue of gods deligation ) as due unto caesar , as the spiritual honour of praise and worship was unto god. and upon the same ground st. paul commands to render custome and tribute to kings , not as a gift and favour , but as a due and just debt , rom. . ; and gives this reason for it , because they are gods ministers , appointed to supply his place in ruling and judging us . and seeing god hath transferred the greater power to kings , ( viz. ) over our lives , by putting the sword into his hands ; the apostle thence concludes their investiture with the less , ( viz. ) a power over our estates , and the like power we see exercised by pharao in that ordinance for storeing up a fifth part of all the corn in egypt for seven years together ; which law was enacted by pharao upon the single counsel of joseph , with the approbation onely of pharao's servants , or council , and not by the general consent of the people , gen. . . neither can we pretend this law to be tyrannical , for it proceeded from the wisdom of god , who in this business directed the mind of joseph , gen. . . nor can any man imagine , but the state and magnificence of saul , david , jeroboam , and others , who of private persons and others , were advanced by god himself to regal honour and dignity , was supported by this means of custome and tribute , nor do i find any particular law or statute for the particular endowment of those kings , but onely that general right and prerogative , which they derive from god , investing them with a power over both our persons and estates . and now ( i hope ) our obedience ( either active or passive ) being a necessitated duty and incumbency upon us ( as the premises do sufficiently declare ) to be performed ( both from our persons and estates ) to our lawful king and monarch , doth absolutely manifest the peoples welfare to be the less principal end of monarchy ; which ( though it be really distinct from the kings honour , yet ) is indeed a meer result and product of the same . for salus populi can never be effected or energated by any other means , but those which in the first place do effectuate and energate the kings honour , whether we look upon the monarchical actions of king or subjects , both which are versant about the same object and matter , onely in a divers manner . for the king is interested onely in the active part of government , by enacting , and duly executing of lawes for gods glory , his own honour , and the peoples welfare ; the people in the passive part of government , by their obedience and submission to such laws and commands of the king , the violation whereof is a direct means of dishonour to god and the king , and of ruine and of destruction to the people . finis . notes, typically marginal, from the original text notes for div a -e * quicquid est quod dat patri filius , utique minus est , quia hanc ipsam dandi facultatem patri debet . seneca , lib. . † tim. . . ( a ) the stork . * st. leonards colledge in st. andrews in scotland , and graies inne in london . notes for div a -e lib. de moderatione in disp . servand . ad rusticum monachum . * jerom. cap. . ad titum ep. ad evagrium . dr. sherlock's case of allegiance considered with some remarks upon his vindication. collier, jeremy, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) dr. sherlock's case of allegiance considered with some remarks upon his vindication. collier, jeremy, - . [ ], [i.e. ] p. [s.n.], london : . attributed to jeremy collier. cf. bm. errata: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherlock, william, ?- . -- case of the allegiance due to soveraign powers. church and state -- great britain. divine right of kings. allegiance -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion dr. sherlock's case of allegiance considered with some remarks upon his vindication . london , printed in the year mdcxci . to the reader . there has been lately , as i am informed , several considerable treatises published against dr. sherlock's case of allegiance ; and though i have perused none of these answers , excepting the author of the postscript ; yet , from the general reputation they have gained , i have reason to conclude , they are likely to give the reader satisfaction , and the dr. diversion enough , if he intends a reply . so that had not the following papers been almost finished before i understood there were so many pens drawn upon him , i think i had neither put my self , nor any body else , to any trouble upon this subject . however , since the dr. has hung out the flag of defiance , sent us a general challenge , and seems desirous to charge a whole party , he of all men has no reason to be disobliged , for being attacked from all quarters . indeed , this circumstance , besides its complyance with his inclinations , must do him a kindness , let things happen how they will : for , if he is obliged to quit the field , it affords him the excuse of being oppressed with numbers . if he succeeds , the forces of the enemy must add to the glory of his triumph . i shall apply my self to the consideration of the body of his book , without making any large animadversions upon his preface ; his business in these preliminary pages being not to argue upon the controversie , but only to report matters of fact with reference to his late behaviour , and to draw up an history of his integrity . which design of the dr's , how necessary soever it might be to undertake , is , in my opinion , but odly pursued : for , he has shewn an open partiality in his conduct before his complyance , and made large steps towards the revolution , when he was convinced of its being the wrong side . he calls it faction to appear with heartiness and concern in defence of the old oaths , though we believe them to remain in full force . he prayed in the royal stile for the present possessors , as early ( one week excepted ) as the most forward . he gives hard language to those of the church of england , who absent themselves from the publick communion since the late alterations in the service , which , in their judgments , are both sinful in the matter , and defective in the authority . he seems sollicitous , lest the rightful government should recover , and declares , his inclinations were engaged against it . 't is true , he prayed heartily to god , that if he was in a mistake , he might discover it , and comply : but he doth not tell us he spent any of his devotions the other way . he does not say , that he prayed for constancy and perseverance , provided he was already in the right : that he desired the divine assistance , to stand firm against interest , and noise , and numbers , and be neither bribed nor frightned out of his duty . now , to act in this manner is a much more difficult performance than the other ; and therefore the preparatory dispositions ought to be begg'd of god almighty with the greater earnestness . a little praying is sufficient to incline a man to consult his ease , and preserve his fortune , but to hazard or part with them both , is a piece of discipline very unacceptable to flesh and blood , and requires a more than ordinary degree of courage and resignation to undergo it . these things considered , the dr. had reason to call the reader his confessor , for i am much mistaken , if he has not frankly discovered his failings to him . however , the dr. assures us , he has received that satisfaction he desired . which is not unlikely ; but whether it was the return of his prayers , or not , will be best understood by examining his principles . i have nothing farther to add by way of introduction , but only to desire it may be observed , that the dr. all along supposes the revolution unjust and illegal , and argues upon a case of usurpation . and therefore , if the reader meets with any unexpected freedoms in this discourse , he may please to charge it upon the nature of the dispute , and thank the dr. for giving the occasion . the contents . the laws relating to the present controversie vindicated , from the exception of obscurity . pag. . several consequences drawn from the dr's principles , by which the danger and vnreasonableness of them is made apparent . p. . bishop overall's convocation-book , no favourer of the dr's opinion . p. . this proved from the convocation's maintaining several propositions , inconsistent with the dr's principles p. . his citations from the convocation-book unserviceable to his purpose . p. . the authority of the aramites , moabites , and aegyptians unexceptionable . p. , . the four monarchies all legal governments . p. . the case of jaddus considered . p. . a brief account how the romans came by their government over judea . p. . the dr's notion of settlement inconsistent with it self . p. . the th . of rom. , . concerns only legal powers , proved from st , the doctrin of the scriptures , p. . dly , from the testimony of the ancients . p. . dly , from the general sentiments of mankind at and before the apostles times . p. . the pretended difficulties of this interpretation removed p. . the dr's argument from matth. . , answered . p. . his doctrin concerning providence and events , considered . p. . the abettors of his opinion in this point , produced . p. . amos . . recovered from the dr's interpretation . p . hobbism proved upon the dr. p. . the insignificancy of legal right upon his principles p. . his doctrin concerning the different degrees of submission , &c. examined . p. . intruding powers have no right to a qualified obedience , nor to the royal state. p. . the original of government easily accounted for , without the assistance of the dr's scheme . p. . the objections raised by the dr. defended against his answers . p. . the first objection , that his doctrin makes a king lose his light by being notoriously injured , made good . ibid. the injustice of deserting a prince upon the score of religion ; and the sophistry of this pretence discovered . p. . allegiance bound unconditionally upon the subject , by the laws of nature , and of the land. p. . all subjects , upon demand , bound to hazard their persons in defence of their prince ; proved from the resolution of the iudges , &c. p. , &c. the dr's distinction of the parts of the oath of allegiance , ill founded , and misapplyed . p. . the king's authority entire , after dispossession . p. . the pretences for a king de facto confuted . p. . to maintain in the oath of allegiance , implies an endeavour to restore . p. , &c. treason may be committed against a king out of possession . p. . the dr's assertion , that the oath of allegiance is a national oath , &c. untrue and dangerous . p. . the objection , that his doctrin makes it impossible for an injured prince to recover his right , defended . p. . the case of private robbers and vsurpers the same . p. . no difference between an human and a divine intail , as to the firmness of the settlement . p. . the object . from hosea . . defended ; with some remarks upon the iewish theocracy . p. . his doctrin not founded upon the same principle with the doctrin of passive obedience . p. . his objection , that the disowning illegal powers limits the providence of god in governing kings , &c. answered . p. . his argument drawn from the necessity of government , considered , and counter-principles set up against him . p. , &c. the relation between government and allegiance examined . p. . the dr's objections against an immoveable allegiance unsatisfactory . p. . the vsurpation under the rump and cromwel , and had divine authority by the dr's principles . p. . absolom a providential monarch . p. . the insufficiency of the dr's plea from a national submission , and the consent of the estates . p. . errata . page , line , after nullum dele in , p. . l. . after the add dr's , p. . l. . after were add a , p. . l. . aft . own'd add . p. . l. . for these r. those , p. . l. . for fall r. fell , p. . l. . del . by , p. . marg. for heb. , r. heb. . p. . l. . aft . canon add . p. . l. . for uncouttly r. uncourtly , p. . l. . for there r. here , p. . l. . for any r. an , p. . l. . after disallow add it , p. . l. . for these r. there , p. . l. . for of r. and , p. . l. . marg. for sept. r. lept . ibid. l. . for aritogiton r. aristogiton , p. . l. . for valena r. valeria , p. . l. . aft . answer dele , ibid. add , after which , p. . l. . for has r. was , p. . l. . after state add . p. . l. . for imploys r. implies , p. . l. . aft . dr. add may , p. . l. . for king r. kings , p. . l. . aft . we add can , p. . l. . for the see r. see the , p. . l. . for crowned r. owned , ibid. l. . aft . and add the , p. . l. . aft . would de● , p. . l. . for asserting r. assisting , ibid. l. . for possession r. profession , p. . l. . del . other , p. . l. . for from r. for , p. l. . aft . seek add it , p. . l. . for them r. him , p. . l. . for disputet r. disputes , ibid. l. . for remains r. remain , p. . l. . for draws r. draw , ibid. l. . for translates r. translate , p . l. . for returning r. recurring , p. . l. . aft . laws del . and , p. . l. . for them r. him , p. . l. . for of r. and , p. . l. . for countries r. counties , p. . l. . for goth r. gath. dr. sherlock's case of allegiance considered , &c. that we may not be surprized with the doctors novelties , he very frankly at first acquaints us what we are to expect from him . he makes no scruple to aver , that the intermixing the dispute of right with the duty of obedience , or making the legal right of princes the only foundation of allegiance , is that which has perplexed the controversy . his reason is , because allegiance can only be paid to government , ( he means force ) and therefore it can be due to no other title . from whence it 's plain , that illegal violence is preferable to legal right , i. e. a man ought not to pay his debts to his creditor , but to atturn to the next highway-man he meets . i wonder the doctor , who seems so much concerned for good manners , should set the constitution aside with so little ceremony . for if legal right must always give place to unjust power , the priviledges of law signifie nothing , except they could make a man invincible , which i fear is a task somewhat difficult . if you enquire why the author has such a mean opinion of right , he 'll tell you , because all arguments from this ground serve only to confound the cause , and the conscience , and to lead men into dark labyrinths of law and history . first , as for history , in an hereditary kingdom it 's no doubt a difficult point to find out the royal family . to distinguish a king's son from his daughter , and the next in blood from iack cade , or wat tyler . and at this rate , except matters of fact clear up , if we pretend but to know our right hand from our left , we may be carried into a labyrinth . and , secondly , as for the laws , they are as dark , it seems , as if the parliaments met only to propound riddles , and proclaim unintelligible jargon to the nation . and if the case stands thus , those gentlemen who have endeavoured to justifie the legality of the present establishment , were certainly out in the management of the dispute . for if right and wrong are not distinguishable ; if good and evil are of the same colour ; if it 's unsafe to make any enquiries into such niceties as these , for fear of wildring our understandings ; then i confess all revolutions are alike to us , and ought to be complied with . however the doctor might have been a little kinder to his own party , who no doubt did their best , and not have told the world that they engaged in an unnecessary argument , which it was both unfit to dispute , and impossible to manage to satisfaction ; and that their performances , how well soever meant , have served only to confound the cause . i perceive if the doctor had not gone in to their relief , all had been lost ▪ and therefore he is resolved to make them sensible of his assistance , and not to allow them the least share in the glorious defence of the revolution . but if they are contented with this character , i have no more to say . to return to the laws , which the doctor avoids as so many rocks and shelves in dispute , fit only to wrack conscience upon . now this character , as it s far from a complement to the english constitution ; so it s somewhat surprizing to one who remembers that this gentleman has formerly been of another mind . in his case of resistance , he does not complain that the laws which settle the rights of the crown were so mysterious , and hard to be understood ; ( and yet this is not that one principle which he says he has only renounced in that book ) there he asserts the prerogative , and maintains non-resistance from the constitution , as well as from any other topick . i wonder he should lose his law , after almost seven years improvement of study and conversation . after all , the doctor owns that the laws , setting aside their obscurity , are good things ; and were they easily understood , he would willingly cast the cause upon this ( issue ) ; if we could readily find where the seat of government is fixed ; who is our king , and what are the great lines of prerogative and subjection ; if we could attain to this perfect skills in the government , he plainly intimates , that the law would then be a clear and safe rule of conscience . from whence it follows , that where the laws speak out , there is no need to recur to events and providence : for where-ever the constitution is plain , it ought to carry it . so that the doctor 's fundamental principle of divine right , ( or power ) upon which his whole scheme is erected , falls to the ground . for by his own concession , providence is but a secundary rule of conscience , and only to take place where the directions of law are defective and unintelligible . it will not be improper therefore to cite some of the laws , for possibly they are not so intricate and obscure , as the doctor represents them . the h . c. . begins thus : by sundry old and authentick histories and chronicles , it is manifestly declared and expressed , ( without labyrinths ) that this realm of england is an empire , and hath been so accepted in the world , governed by one supreme head and king , unto whom a body politick , compact of all sorts and degrees of people — been bounden and owen a natural and humble obedience , he being instituted and furnished by the goodness and sufferances of almighty god with plenary , whole , and entire power , &c. el. c. . and be it further enacted , that every person which shall hereafter be elected or appointed a knight , citizen or burgess , &c. for any parliament or parliaments , hereafter to be holden , shall from henceforth , before he shall enter into the said parliament house , or have any voice there , openly receive and pronounce the said oath , ( the oath of supremacy ) before the lord steward for the time being . — and that he which shall enter into the parliament house without taking the said oath , shall be deemed no knight , citizen , burgess , &c. for that parliament ; nor shall have any voice . in iac. . c. . there is this remarkable paragraph : and be it enacted by the authority aforesaid , that if any person or persons — shall put in practice to absolve , persuade , or withdraw , any of the subjects of the king's majesty , or of his heirs or successors of this realm of england , from their natural obedience to his majesty , his heirs or successors , or move them , or any of them , to promise obedience to any other prince , state , or potentate ; that then every such person , their procurers , counsellors , &c. be to all intents judged traytors — and being thereof lawfully convicted shall have iudgment , suffer , and forfeit , as in cases of high treason . the th iac. . c. . concerning the oath of allegiance , enacts , that all and every knights , citizens , burgesses , &c. of the commons house of parliament , at any parliament , or session of parliament , hereafter to be assembled , before he or they , shall be permitted to enter the said house , shall make , take , and receive a corporal oath ( of allegiance ) upon the evangelists , before the lord steward for the time being , &c. in car. . c. . it 's declared , that within all his majesty's realms and dominions , the sole and supreme power , government , command , and disposition , of the militia , and of all forces by sea and land ; and of all forts and places of strength , is , and by the laws of england ever was , the undoubted right of his majesty , and his royal predecessors , kings and queens of england ; and that both , or either houses of parliament cannot , nor ought to pretend to the same ; nor can nor lawfully may raise , or levy any war , offensive or defensive , against his majesty , his heirs or lawful successors . to these may be added car. . c. . car. . c. . ed. . c. . not to mention any more . now i believe most people will conclude that the meaning of these statutes is not very hard to come by : and that a moderate share of english and common sense is sufficient to understand them . i shall insert two or three maxims relating the same subject . the first tells us , the king never dyes . the second , the king can do no wrong . the third affirms , nullum in tempus occurrit regi , that is , no length of usurpation can prejudice the king 's right . and least the doctor should take these for no more than to many quaint sentences , he may please to observe from a very authentick authority , that maxims are one of the grounds of the law ; that they need no proof , but are sufficient authority to themselves ; that they are equivalent to a statute ; and that all inferences from them are of the same force with the principle from whence they are drawn . having shewn that the laws with respect to allegiance and prerogative are not full of mystery and labyrinth , as the doctor would suppose , but are plain , easy and unperplexed , in these great points ; ( indeed were they otherwise it would be no ordinary misfortune and reproach to the government ; ) i shall proceed to examine the doctor 's scheme , which he owns may startle some men at first , because it looks paradoxically , and carrys the face of singularity . however it 's so much for the ease and safety of subjects , &c. that every one has reason to wish it true . how much his principles are for the ease of society will be disputed afterwards . but allowing them this advantage , his inference is by no means conclusive , nor proper for his character . for if we are to wish every thing true that makes for our ease , than we ought to wish the christian religion false ; because there is so much mortification and self-denial enjoyned by it . which made the gnosticks , from an inward principle of self-preservation , abjure it in times of persecution . soul take thine ease , is so far from being good divinity , that a generous heathen would scorn such advice ; if he found it prejudicial to justice and honour . but before i enquire more particularly into the truth of the doctor 's scheme , i shall briefly represent some of the consequences which follow from the supposal of its being true . by which we may be in some measure able to guess how much the doctor has obliged the world by his discovery . . if power ( as he affirms , pag. . ) is a certain sign of god's authority ; if , by what means soever a prince ascends the throne , he is placed there by god almighty ; and the advantages of success are always to be interpreted the gifts of providence , then the best title may be defeated , without either antecedent injury , consent , or an express revelation from god. and if so , the nature of property is perfectly destroyed , and all dominion is resolved into occupation ; and no one has any right to any thing any longer than he can keep it . this doctrin condemns a man to poverty , for being ill used ; and makes a prince forfeit , for no other reason but because his subjects were disloyal . if it s said , that an unjust seizure of a private estate extinguishes no title ; but for the peace of mankind god has so ordered it , that whosoever possesses himself of a government is immediately the proper owner . that it s not thus ordered , i shall prove more large afterwards . at present i only desire to know , whether god loves peace more than justice ? whether he delights to see men brethren in iniquity , and combine for the support of violence ? besides , is it for the peace of mankind , that great thieves should be rewarded , and little ones punished , that a man that steals a horse must suffer as a felon , but he that steals a kingdom , and flies at nobler quarry , must be worshipped and obeyed , though the right owner is still claiming , contesting , and in view ? what is this , but to encourage universal violence , to animate ill men to more towring flights of ambition , and to make them enlarge their projects of wickedness ? a man need little skill in inferences to see what an admirable expedient this is likely to prove for the quiet of the world ▪ the doctor was sensible of this inconvenience , and endeavours to avoid it , by saying , that ambitious spirits , without a great dose of enthusiasm , can't make this construction of his doctrin . for unless they can flatter themselves that god has ordained them to be kings , their attempts according to his principle will be checked . and why should they not believe god has ordained them to be kings , if they find apparent symptoms of weakness and decay in a government , if they perceive the inclinations of the people for them , if they can form a strong party , and have a probable prospect of success ? a moderate share of enthusiasm , with some principles , would be apt to make ambitions men to interpret such accidents and advantages to be broad intimations of the favour of heaven . that god was designing some great revolution , and calling them to crowns and scepters . and as for enthusiasm , it s no wonder to find the world overdosed with that ; especially at a time when men pretend to understand prophesies almost as well as those who wrote them ; when they can expound st. iohn's visions upon piedmont and savoy ; and point out the time and geography of a mystery ▪ . this doctrine supposes there is no such thing as usurpation after possession ; which is not only ▪ contrary to the language of our laws , e. . c. &c. but to the common sense of mankind ; it being generally agreed by those who have any notion of common justice and morality , that what is unlawful to take away , its unlawful to keep . which must be allowed to be true , unless violence and ill usage are valuable consideration for the conveying of property . whereas by these principles , let a man come into his power never so unjustly ; let there be never so fair a claim continued against him , yet if bare possession gives him a divine right , it 's as much his property as if he had the clearest and most uncontested title in the world. the doctor endeavors to get clear of this consequence , by coining a distinction between legal and divine right . but this will do no execution upon the difficulty . for if possession always conveys a divine right , all legal claim must immediately determine . i suppose the doctor will not deny that god can repeal a human constitution . now when god transfers any property from one person to another , it 's certain he must null the first title . for to explain this matter ; providence either conveys the right with the thing , or it does not . if not , then the right remains where it was , and the thing is wrongfully transferred ; which i believe no one will be so hardy as to affirm . if providence does transfer the right with the thing ▪ then the legal claim must be extinguished ; otherwise this absurdity will follow , viz. there will be a human and divine law , contradictory to each other , in force at the same time . and since human laws when duly circumstantiated are confirmed by heaven , god's authority must be engaged on both sides , and by consequence opposed to it self . . this principle destroys the nature of repentance , by which it's generally understood that every one is bound to restore that which he has unjustly taken away . but if we pursue the doctor 's reasoning to its just consequences this doctrin will not hold . for if possession , though never so unjustly gained , has always god's authority to confirm it , one would think there should be no obligation to restitution . for why should a man restore that which he is vested in by a divine right ? and yet i doubt not but the doctor will grant that injustice cannot be forgiven without repentance , nor repentance practised without restitution ; so that by this gentleman's scheme a man is both allowed and forbidden the same thing ; and has a divine right to keep that , for which he will be damned if he does not restore it , which certainly is something more than ordinary . . the doctor 's principle puts it in the subjects power to depose their prince when they please , i don't say it makes it lawful for them to undertake it ▪ that would be to misrepresent him ; but when it 's once done , his notion of power and settlement confirms their injustice , and ratifies their treason , and by consequence makes a standing army necessary . . it cantonizes kingdoms , and removes the boundaries of dominion . for if power be a certain sign of god's authority , then we ought to submit to every one who challengeth the name of a king , though for never so small a precinct ; if he has but force to back his pretensions : and by consequence every parish may set up for an independent government ; and we may be obliged to swear allegiance to a constable . 't is to no purpose to say , that the kingdom has not agreed to such a division . for the limits of kingdoms are founded upon nothing but legal right , and human constitutions , and therefore they ought not to oppose god's authority , which is always visible in power . seas , and rivers , and mountains , the usual barrieres of empire and jurisdiction , ought not to hinder divine right from taking place ; nor shut providence out of the world. . this doctrin gives thieves and robbers a good title to whatever they can steal and plunder . the doctor was sensible of this inconvenience , and endeavours to remove it , but without success : he offers to shew a disparity between common thieves and usurpers . that the scripture tells us kingdoms are disposed by god , and that all power is of god : but no man pretends that thieves have god's authority . 't is not pretended ; but if the principles hold , it will be very difficult to disprove it . for if power is a certain sign of god's authority , it follows , that he who is strong enough to take a purse must have a divine right to keep it . if providence orders and disposes all events , and there be no evil in the city which the lord has not ( barely permitted but ) done ; then why this divinity should not hold upon salisbury plain , or newmarket heath , as well as upon any other occasion , will be no easy question to resolve . the scriptures which he alledges , that kingdoms are disposed by god , do not come up to his point . for we are likewise told , that private estates are under the disposal of providence , sam. . . prov. . . therefore if possession gives a divine right in one case , why not in the other ? this reasoning may be further improved by the doctor 's logick ; where putting out the word kings , i argue thus in the doctor 's expression , all possession is equally rightful with respect to god : for those are rightful owners who are put into possession by god. and its impossible there should be a wrong possessor , unless a man can make himself master of his neighbours fortune , whether god will or no. farther it will not be denied but that the sabeans who took away iob's cattel , ( iob. . . ) were company of robbers ; and , which is worse , they committed their rapine by the instigation of the devil . and yet , ver. . it 's said what was stollen by them , was taken away by the lord. which according to the doctor 's method of interpretation will go a great way towards the proving their divine right . he urges rom. . . that all power is of god. but this text makes against him , as he is pleased to expound it ; i. e. that it is meant of power , as power , without any respect to right . for his former interpretation of legal power he has solemnly recanted in his preface . now if all power be from god without regard to law , and human justice , why a captain of moss-troopers , who is an usurper in little , may not come in for his share of prerogative , i can't imagine . for an usurper , and his adherents , are as much combined ▪ against justice as any private robbers ▪ they offer violence to the constitution , they out-rage all those who oppose their rapine ; and muster all their force and cunning to keep honest men out of their own . so on the other hand , thieves are generally formed into a society . they have their articles of confederacy , their original contracts , and fundamentals , as well as other people . and therefore they must not be refused the privilege of usurpation , upon the score of being out-lyers . upon the whole , why inferiour thieves should be denied divine right any more than usurpers is unimaginable . unless the bigness of a piece of injustice is a circumstance of advantage : and a man ought to be encouraged by providence for robbing in a greater compass than his neighbours . these , with some others of a resembling nature , are i conceive evident consequences from the doctor 's scheme of government . which besides that they prove the insufficiency of his principles ; ( for nothing but truth can follow from truth ) they shew us at the same time that they are by no means so much for the good of mankind , as he insinuates : and that we ought not to be so fond of them as he would make us ; nor so glad to see them well proved . how much honour he has done the scriptures , and the convocation-book , by making them the abettors of such doctrin as this , may easily be guessed . i hope therefore it may be no hazardous undertaking to joyn issue with the doctor upon this point ; nor over-difficult to disengage these authorities from seeming to give any assistance to his cause . sect . ii. bishop overall's convocation-book no favourer of the doctor 's opinion . before i enter upon this part of the argument , i must observe to the reader , that it has been managed with so much advantage against the doctor already , that it might have been very well omitted here , were it not possible that these papers may fall into some hands that may not be so fortunate as to meet with other satisfaction . however i shall venture to be shorter upon this head , than otherwise i should have been . where i must . premise , that supposing the convocation was unquestionably on the doctor 's side , he would be far from gaining his point . for allegiance is a duty which arises from our subjection to the temporal power ; and therefore the laws of each respective kingdom , must be the rule of our practice in this case . a synod , though it may deliver its opinion upon such a point , has no authority to determin against the state. the church , as she did not give princes their crowns , so there is no reason . she should pretend to take them away . if she will be a iudge , and a divider in these matters , she claims a greater privilege than our saviour owned , i hope the doctor won't say , an ecclesiastical canon can set aside the common law , and repeal an act of parliament . this , besides other inconveniences , of which the doctor might be made sensible , would be no other than graffing the roman pretences upon a new stock ; and translating the supremacy from st. peter's to st. paul's . but that this convocation should maintain such doctrin as this is unimaginable , since the great design of their book is to prove the independency of princes ; to vindicate their rights against church-encroachments ; and to shew that ecclesiasticks are as much their subjects as the laity . . if we consider the time in which this convocation sat , we shall find it very improper to fix the doctor 's principles upon them , without the clearest and most convincing evidence in their writings . for they met the first of king iames i. when the act of recognition was passed in parliament , where the bishops of this convocation were present , and gave their votes for the bill . in which they recognize and acknowledge ( being bounden thereunto by the laws of god and man ) the king 's right to the crown by inherent birth-right , and undoubted succession . and oblige themselves , their heirs and posterity for ever , to submit to ( or stand by ) this right , until the last drop of their bloods be spent . and would these reverend prelates concur to the making a law , drawn up with such clearness and solemnity of expression , and go presently and contradict it in their synod ? was it their way to make the bishop vote against the lord ; and not only clash with the state , but with themselves ? what! declare themselves bound by the laws of god and man , to stand by the succession to the last drop of their bloods ; and at the same time lay down doctrin , which will help us to as many governments in a year as there are moons ; and ( as has been smartly observed ) make captain tom the most soveraign and divine thing upon earth . those who can believe the convocation guilty of such singularities as these , must have a mean opinion of them ; and ought to lay very little weight upon their authority . having premised these observations , i shall proceed to examin the sense of the convocation as to the point in hand . and . i agree with the doctor , that usurped powers , when throughly settled , have god's authority , and are to be reverenced and obeyed ; i. e. these princes who , as the canon speaks , got their authority unjustly , and wrung it by force from the true and lawful possessor ; are to be submitted to as god's ministers , when the legal claim is either surrendred or extinguished . for where there is no other title , possession is sufficient ; in which men ought to acquiesce for the peace of society . but that meer possession in relation to government , ought to over-rule law ; and that might , can turn itself into right ; and give a through settlement in the sense of the convocation , this , though the doctor affirms , i must deny . and in order to the disproof of what he alledges , i shall . endeavour to shew , that the convocation maintains several propositions inconsistent with the doctor 's opinion . ly . i shall give a distinct answer to the passages cited by him . . i shall endeavour to shew , the convocation maintains several propositions inconsistent with the doctor 's opinion . for instance they assert , that adam and noah , while they lived , were chief governors under the son of god , over all their off spring . that god committed the government of all their descendents to them during their lives . now if these two persons had a right to govern during their lives , then certainly possession could not give it to another ; which is a contradiction to what the doctor makes these gentlemen maintain . for according to him , if cain by calumnies , or any other artifice , could but have alienated adam's children from him . if he had set up a title against his father , and got the majority on his side ▪ if the whole administration had been in his hands , and he had been able to have crushed those who would not submit . if the new interest could have advanced thus far , his government had been setled as the doctor expounds the convocation ; and then by consequence cain would have had a divine right to have governed his father . and to call him to an account , if he had refused to comply . and which is somewhat harder , adam if he could not have made his escape , had been obliged in conscience to have resigned , and sworn allegiance upon demand , to his son cain . and though the doctor tells us , that there was a time when fathers had the power of life and death over their own children ; ( which one would think if ever , was the time we are speaking of ) and that under this dispensation it was never allowed by the most barbarous nations for the son to kill his father , though in his own defence . but by this new principle , cain might lawfully have killed adam purely for refusing to submit to his settlement . for he who has a divine right to govern , has certainly the same divine right to dispatch those who will not be governed by him . and thus we have not only made the convocation fall soul upon it self ; but have given an admirable account of paternal authority into the bargain . here the doctor 's usual evasion of an entail can stand him in no stead , there being no such priviledge upon record in reference to adam . ly . the convocation asserts , that upon the death of alexander , the iews were as free from the macedonians as any of their bordering neighbours . by which words they must mean they were free de jure . if you enquire the reason of this freedom : they immediately give you a very remarkable one , viz. because none of alexanders captains had any lawful interest , or title to iudah . no lawful title ! why so ? had they not power and possession on their side ? but this is not sufficient in the opinion of the convocation to give them a divine right . and to oblige the people to obey them for conscience sake . and therefore the doctor 's inference that those princes who have no legal right to their thrones may yet have god's authority ; is a direct contradiction to the reasoning of the synod . the doctor tells us , and grounds himself upon the synod ; that since power will govern , god so orders it by his providence as never to entrust soveraign power in any hands without giving them his soveraign authority . the gentleman of the convocation are quite of another opinion : and affirm that the jews were free , and under no tyes of subjection ; to any of alexanders captains ; notwithstanding any claims they could make from providence and possession . and by consequence they suppose that god's authority is always conveyed in a legal chanel ; where there is not express revelation to the contrary . i can't foresee what the doctor can object against this instance , excepting that the macedonians were not in possession of iudea . now this objection depending upon matter of fact may easily be answer'd from iosephus , and the maccabees . to shorten the dispute , i conceive the doctor will not deny that alexander dyed seized of the kingdom of iudea . that he governed it by his vice-roys , and lieutenants , as he did the other provinces of the persian empire ; as fast as they submitted . and therefore some of alexanders officers were in possession of iudea when their master dyed . now that the jews dispossessed the macedonians , and recovered their liberty , though for never so small a time , is not in the least hinted by the convocation : now these gentlemen who have been so punctual in giving an account of all the successive changes of the jewish state , from the first formation of their commonwealth . they who have so particularly taken notice of their theocracy , their government by kings , their captivity , and the variety of masters they fall under , would not have omitted one would think so remarkable an interval of liberty if there had been any such . but instead of this they plainly suppose the contrary in their historical account ; and pass the jews immediately from alexander , into the hands of the aegyptian , and syrian kings . now it 's the sence of the convocation , not the truth of history which we are disputing about : so that since we have gained their opinion the argument must hold good against the doctor though they should prove mistaken in matter of fact. but that this learned assembly followed the generally received opinion uncontradicted by any historian cannot be denyed . and to put the matter beyond all dispute : let us consider the case of antiochus epiphanes , against whom as the convocation observes , mattathias made open resistance . which they suppose was lawfully done because the government of that tyrant was not then either generally received by submission or setled by continuance . whence it will appear that the doctors notion of a settlement , and the convocations , are by no means the same . according to him , antiochus was as well setled as a man would desire . for as for power , the infallible sign of divine authority , that he wanted not ; but was absolute master of iudea , as is evident from the maccabes and iosephus . so that we may be assured the administration of affairs was entirely in his hands . as for the great body of the people they were his own in an extraordinary manner , and complied not only with his government but with his religion too . iason and menelaus the two high priests the convocation informs us , made all the interest for him they could . and the latter , as iosephus reports it , was the occasion of the defection of the whole nation of the iews from their religion . 't is true , as it happens in some other revolutions , they did not all submit to a man , and i conceive the doctor will not insist upon the necessity of this condition . but those who stood out antiochus was well able to crush , and did it to a very severe purpose . as for the time of his government it held no less than three years ; which the doctor must own is long enough in all conscience to justify a compliance . these arguments for submission are as strong as the doctor 's principles can require ▪ and yet we see the convocation dislike antiochus his settlement ; and allows of mattathias his resistance . so that nothing is more plain than that these reverend divines did not believe that the concurrence of the majority of a debauched nation : a full and uncontrolable possession of power , lengthened out to three years of government , were advantages sufficient to infer a divine authority , and to change a bad title into a good one . i know the doctor urges , that antiochus his governmert was not owned by any publick national submission ; which is both more than the convocation says , or the doctor can prove . for if by a national submission he means a recognition of his title in a publick meeting of persons of condition ; he might probably receive such an acknowledgment . it 's not unlikely that iason and menelaus who were so forward in making their court , being persons of the first quality , might engage the nobility to render their new allegiance in a solemn and publick manner ▪ however the business of form is not material ▪ 't is certain from iosephus , that the generality of the jews complied ; and when a nation submits , one would think there was a national submission . indeed why should they not submit ? here was most certainly power in a very large and irresistable proportion , which is a thing we are told will govern ; and therefore god always seconds it with his authority . i hope the doctor does not believe antiochus could make himself king of iudea whether god would or no : and if not , how could these jews have the liberty to stand out against providence , and oppose a divine right ? . to give a farther instance that the convocation did not agree with the doctor in his notion of power and settlement . we are told , that if any man shall affirm that the jews might have withstood any of their kings , who claimed by succession , without sin ; and opposing themselves against god , or that the kingdom of iudah by god's ordinance going by succession ; when one king was dead ; his heir was not in right their king , ( however by some athaliah he might be hindered from enjoying it ) or that the people were not bound to obey him , as their lawful king , he does greatly err. now for an assembly to affirm , that where a succession is established the people cannot withstand it without opposing themselves against god ; that a person who is heir apparent , is immediately upon the death of his predecessor their lawful king ; and ought to be obeyed as such ; notwithstanding the usurpation of some athaliah ; i say for them to affirm all this , and at the same time to make force a certain sign of divine authority ; and that we ought to obey it from what point soever it rises ; to put it in the subjects power to break all the links of succession , and to give away an hereditary prince's right by a national submission , or treason , as often as they please ; these are such rank , such staring contradictions , that they are beneath the inadvertencies of common sense , much more the judgment of that venerable assembly . if the doctor replies , that the canon is to be restrained to a succession which was settled by god's ordinance , or express appointment , and consequently to be understood only with relation to the kings of iudea , which had their grown entailed by a particular revelations ▪ to this i answer , . that to take the canon in this sense is to make it insignificant , and foreign to their design . whereas it is evident their book ( the first especially ) was written to assert the right of princes , and to state and fix the duty of subjects . but if the examples they alledge , and the doctrine they maintain , are not to be drawn down to application and practice , what are we the better for them ? if their precedents and conclusions hold only for the kings of iudah , to what purpose are they brought ? if we are unconcerned in them , why are they couched into canons and principles , and reported with that particularity and exactness ? we are not now to expect any express orders from heaven for the regulating successions ; and therefore if the convocation is to be understood only of entayles by revelation , they might have spared their pains , for we are not likely to be the wiser for their determination ; as they might easily perceive . . i answer , that succession founded upon humane right , is of equal force with that which is supported by revelation , and requires as strong an authority to defeat it . 't is true , god in reward to david's piety , enntayled the crown upon his posterity by special designation : and no doubt it was no small satisfaction to him to be assured that his family should reign as long as it continued , and not be set aside by god's express order to make room for another line , as that of saul's was for himself . but if , by by the fundamentals of the state , the crown was before hereditary ; i cannot conceive what additional strength could accrue to the title from an entayl by revelation ; eventually stronger i grant it might make it , by refreshing the peoples minds , and conveying an awfull impression by the solemnity of the declaration , but their obligation to preserve the descent was the same before . for all humane provisions stand upon a divine bottom ; for which reason the apostle commands us to submit to every ordinance of man for the lord's sake . the laws of a kingdom when the authority is competent , and the matter just , are as much , as to the ground of the obligation , the laws of god , as those he gave upon mount sinai : and kings are his representatives as well as angels , by whose disposition that law was given . therefore those who pretend a divine repeal ought to bring miracles and revelation in one case as well as in the other . these are such obvious truths , that the convocation could not possibly overlook them ; and therefore could not lay any of that stress upon a scripture entayl , upon which the doctor insists : but must suppose compliance with athaliah would have been as unaccountable in any other country not governed by revelation as it was in iudea , provided her title was illegal . to urge this argument a little farther upon the doctor ; if that which he phraseth providence and settlement ▪ is sufficient to null the constitution thô never so clear and unquestionable ; then a great part of the ceremonial law was abrogated under antiochus epiphanes , and the iews were bound in conscience to eat swines flesh ; and forbear circumcision , because they were so commanded by the king , who had the actual government of their country , and sufficient power to crush them upon their refusal . from whence it follows , that those men of resolution , who were tortured for their noncompliance , and whom the apostle is supposed so highly to commend , threw away their lives when they ought to have kept them , and were self-murtherers instead of martyrs . he can't say these precepts they were commanded to transgress , carried any moral obligation in them ; he must therefore recur to his distinction between humane and divine laws ; but this expedient will not do his business : for i have proved that both of them as to their authority are equally divine . now as to the matter in dispute , it 's granted that god as universal lord may alter the seat of property and dominion ; and transfer one man's right to another : but we ought not to conclude he has done it , except we can prove our new claim by the course of humane justice , or express revelation . having shewn from the principles of the convocation , that they cannot understand providence and thorough settlement as the doctor does , without the plainest inconsistency with themselves . i shall proceed to give a distinct answer to the passages cited by him : . to prove that princes who have no legal right may have god's authority ; he tells us the convocation teach , that the lord in advancing kings , &c. is not bound to those laws he prescribeth others , and therefore commanded iehu , a subject , to be anointed king. from whence the doctor infers , that what god did by prophets in israel by express nomination , he does by his providence in other kingdoms , without any regard to succession , or legal titles . this he affirms as the doctrine of the convocation , and attempts to prove it from their saying , that the lord both may and is able to overthrow any kings , notwithstanding any claim or interest which they can challenge . in answer to this we may observe , first , that upon iehu's being anointed by the prophet , he is called the lawful king of israel ; and ioram his master is said to be his subject . now if ioram was iehu's subject , it was treason for him to attempt the recovery of his kingdom , and consequently he could have no legal right after dispossession . for if iehu was lawful king , then ioram the dispossessed prince had no right to recover ; unless two opposite and contesting claims , can have a legal right to the same thing ; which certainly is a contradiction in law. from hence one ( if not both ) of these conclusions must necessary follow . . either that his distinction of legal and divine right which he coined to answer an objection , is chimerical , and then the difficulty he propos'd remains unanswered . or , . if there was any singular advantage in iehu's case , because he was anointed by god's immediate designation , then it follows that revelation about the disposal of crowns , is a much safer warrant , then that which the doctor calls providence ; and that we can't argue with the same authority from the one as from the other , though the doctor is pleased to affirm the contrary , viz , what god did by prophets in israel , &c. he does by his providence in other kingdoms . where by providence we must understand the doctor means success . now that the convocation does not suppose revelation , and success equivalent , to justify alterations in government , but makes a wide difference between them , will appear from the consideration of the place before us . they teach us in the instance of iehu , that god in advancing kings is not bound to those laws which he prescribes others . which is a plain intimation that where governours are not changed by god's express order , allegiance ought to be paid according to the direction of each respective constitution . for those laws of subjection which god is here said to prescribe others , can be no other than the laws which establish the rights of the crown in each particular country ; which laws according to the reasoning of this passage are to be inviolably observed , where god does not expresly interpose to the contrary . and therefore in their canon upon this place they determine , that if any man shall affirm that any prophets , priests , or other persons , having no direct and express command from god ; might lawfully imitate the said fact of elizeus , ( who caused iehu to be anointed ) in anointing successors , to kings , which had otherwise no just interest , title , &c. to their kingdoms ; or that it is lawful for any captain or subject , high or low , whatsoever , to bear arms against their sovereign , &c. by the example of iehu ( except it might first plainly appear that there are now prophets sent extraordinarily from god , with sufficient and special authority in that behalf ) he doth greatly err. and since the convocation condemns the removing of princes , without particular orders from heaven ; it 's plain they could not believe that every effectual revolution had god's approbation . for if they did believe that god does that by his providence now , which he did formerly by his prophets ; i. e. if they did believe his will is to be interpreted by events , and that he approves and acts in all revolutions which are successful ; why do they pronounce all practices of this nature unlawful , except they are warranted by express and immediate authority from heaven ? certainly they could not declare that unlawful , which they believed to be god almighty's doing . what is the reason they tell us , no man must imitate the example of iehu , thô , like him , he should be chosen by the captains of the army ; and have power , and the consent of the people to dethrone the lawful prince : if they thought revelation and success , principles of equal certainty ; if it was their opinion that providence was always on the prevailing side ; and that kings had no right to govern any longer than the major part of their subjects were willing to obey them ? the doctor 's instance to prove that providence or success is a certain manifestation of the divine approbation , is clearly against him . for thô the lord may , and is able to overthrow kings , notwithstanding any claim , title , &c. yet it 's evident by this example , and the canon made upon it , that the convocation did not think this was ever done , without god's particular commission . for it 's positively affirmed by this reverend synod , that ehud and othoniel , the deliverers mentioned in this place , were raised up by god almighty with a full assurance of their lawful callings , and made judges immediately by him ; without which prerogatives it had been altogether unlawful for them to have done as they did . — because that god foresaw what mischief private men ( as all subjects are in respect of their prince ) might do , under the colour of these examples . now if it 's unlawful for any person to step out of his private sphere , and to act counter to the laws of subjection , and common justice , without an especial dispensation from heaven ; then , when such irregular measures are taken , we must not affirm they have the countenance of god almighty , and are brought about by the conduct of his providence . to say this , is by the principles of the convocation to make god the author of sin ; and to prompt men to those actions , they will be damned , for doing . in a word , if , as these gentlemen inform us , those who disturb and overthrow governments without an express commission from god , do that which is altogether unlawful ; then certainly they cannot plead god's authority for what they did . and if so , success and revelation are not principles equally warrantable , unless that which is lawful and unlawful be the same . and by consequence it 's a great mistake to say that victorious force is as clear an evidence of a divine interposition , as the most unquestionable inspiration . or , to use the doctor 's words , that what god did by prophets in israel , by express nomination of the person , he does by his providence in other kingdoms . so that to fasten such a meaning as this upon the convocation , is to interpret them contrary to the obvious construction and scope of the passage , and to make them inconsistent both with truth and themselves . to give an instance in a lower case . there is no doubt but god can dispose of private property as well as crowns , notwithstanding any title to the contrary ; as we know he gave the egyptians gold and jewels , to the israelites ; but now if any man should run away with a sum of money he had borrowed of his neighbors , and plead providence for his knavery , in all likelihood he would not have gotten a verdict from the convocation . to go on ; the doctor tells us , that the moabites and aramites could never have a legal right to the government of israel , and yet the convocation asserts , that it was not lawful for the israelites to take up arms against those kings . but why could those princes never have a legal right over the israelites ? the convocation , i 'm sure , says no such thing . the doctor may please to observe , that at this time there was no king in israel . there was no royal line established by succession ; no governors set up by divine appointment . this conquest of the aramites , &c. hapned before the date of the iewish monarchy , and in the interval of the judges . and since the israelites were under no preingagements to a dispossessed prince , what should hinder them from ranging themselves under the obedience of a foreign governor , when they were in no condition to resist ? in this case their submission gives away no man's right , nor does any injury to a third person . and thus being at liberty to make over their subjection , when they had once actually submitted ; the kings to whom they gave up their liberty , had a legal right to govern them , though they might acquire it by unjustifiable methods . but when people are under a former obligation to a prince , who insists upon his right , and demands their obedience , there their hands are tied up , and they cannot acknowledge any new master without breach of duty to their old one. our author proceeds with the convocation to the kings of of egypt and babylon , where he says , they teach that submission was due to these princes who never had a legal right to govern israel : and the like it seems they affirm of the four monarchies , which were all violent usurpations . but . the doctor misreports the convocation ; ( it 's hoped out of inadvertency ; ) for they neither affirm that the kings of egypt , and babylon , had never any legal or natural right to govern israel ; nor any thing like it . or that any of the monarchies stood upon usurpation , when the iews were bound to submit to their authority . as for the king of egypt , they make no exception to his title , they only say , he oppressed the people very tyrannically ; which all men know may be done by a lawful prince . and that the kings of egypt were such to the israelites , will appear if we consider in what condition the children of israel were when they went into egypt . now the scripture informs us , they were driven thither partly by necessity and famine . they were but one single family . and being in these circumstances , we cannot imagine that iacob set up for monarchy in egypt ; or indented with pharaoh for independency . it 's very unlikely that prince would suffer a few indigent persons , who came for bread and protection , to set up a distinct kingdom in the midst of his own dominions . such pretences and proposals as these to one of the most powerful monarchs in the world , would have looked very extravagantly from a poor distressed family . and to take things at the lowest , we must acknowledge that the first generation of the israelites , owed pharaoh a local allegiance . for thus much sir ed. coke and others agree is due to those princes into whose country we travel ; notwithstanding our subjection remains still uncancelled to our natural prince . but iacob , as appears from the history of scripture , was not under the jurisdiction of any of the princes of palestine , and therefore it was in his power to make himself and family entirely pharaoh's subjects . and that he did so , needs not be disputed any farther . for i suppose it will be granted of all hands , that the israelites were far enough from reigning in egypt . and since there was no prince of palestine that could claim any right over the israelites ; all those who were born in egypt , which were no less than three generations , were pharaoh's natural subjects ; and he by consequence their natural and legal-prince . of this truth the convocation seem very sensible , as may be collected from their saying ; it may not be omitted , when god himself sent moses to deliver them from that servitude ; he would not suffer him to carry them thence , till pharaoh their king gave them licence to depart . this is a pregnant proof what a mighty regard the convocation thought god almighty had to the legal rights of princes ; that he is so far from giving them away to blind events , to treachery and unjustifiable force , that revelation and repeated miracles are scarce thought sufficient to disengage subjects from their allegiance , without the consent of their prince . if any one questions the reasoning of the synod in this point , i am not bound to make it good ; their opinion is sufficient for my purpose . i shall now proceed to the kings of babylon , and prove against the doctor that they likewise had a legal right to govern israel ; both before , and after the captivity . i suppose it will not be denied , that when a prince either submits himself , or is expresly commanded by god to resign , there his sovereignty ceases , and the legal right is transferred to the resignee : if the latter case be questioned , i desire to know whether god has not the supreme dominion of the world ? if he has , he may extinguish any man's right , and dispose of it as he pleases . and thence it follows , that when he has given it away by express grant , the former possessor has no longer any right ; and if not any , no legal one . farther , if a legal right should continue after god has expresly given it away , this absurdity will follow , that god cannot repeal a humane law , and consequently has a lesser authority than men. i have already proved that revelation and success are quite different principles ; and that we have no manner of reason to infer god's approbation from the latter , as from the former ; and therefore the doctor can take no advantage from this way of reasoning . to return to the kings of babylon , whose title may easily be made out from the scripture . for first iehoiakim submitted to nebuchadnezzar , and became his servant , and was afterwards deposed by him for his revolt . after him nebuchadnezzar being sovereign paramount , sets up iehoiachin son to iehoiakim , who was afterwards carried away captive , and his uncle zedekiah made king by the babylonian monarch . thus we see the kings of iudah , who only had the right to govern that nation , became vassals to the king of babylon , held their crowns of him , and were contented to reign durante beneplacito . and though nebuchadnezzar might possibly oblige them by unjust force to these conditions , yet after they had submitted their act was valid , and obliged to performance . this is sufficient to make nebuchadnezzar a legal monarch : but this is not all ; for moab , ammon , tyre , sidon , &c. are expresly given to him by god himself , and all those princes , together with iehoiakim and zedekiah , are commanded to come under the protection , and to own the authority of the king of babylon . and destruction is denounc'd against those who refused to comply . that nation and kingdom which will not serve the same nebuchadnezzar king of babylon ; and that will not put their neck under the yoke of the king of babylon , that nation will i punish , saith the lord , with the sword , and with the famine , and with the pestilence , till i have consumed them by his hand . thus we see the kings of babylon reigned dei gratia with a witness ; they had their charter for government signed and sealed in heaven , and delivered to notice and publick view , by authentick and unquestionable hands . this certainly is enough in all reason to make nebuchadnezzar a rightful prince . if the doctor has any thing of this nature to justifie the present revolution , the cause is his own ▪ therefore if he knows of any prophets he would do well to produce them : let them but shew their credentials , and prove their mission , and we have done . but if he has none of this evidence , the places cited by the convocation , that god takes away kings , and sets up kings , are foreign to his purpose . 't is true , when god speaks from heaven all humane laws ought to give place , and be silent . but then we must consider , that revelation , and the doctor 's notion of providence , are widely different ; the the one is an infallible direction , the other will lead us into all the labyrinths of confusion and injustice : and make us abettors of all those unaccountable practises which ungodly power has the permission to act . if any man will be of this opinion he ought not to make the convocation his voucher . do they not say then that god removes , and sets up kings ? not just in the doctor 's words : they affirm , that god has ever used the ministry of civil magistrates in other countries as well as in iudea , &c. and may not all this be done without giving his authority to usurpers ? 't is true , they instance in nebuchadnezzar , but this prince had both the submission of the kings of iudah , and the immediate appointment of god ; either of which were sufficient to make his title unquestionable . and since his authority was thus fortified , it 's no wonder that the convocation pronounces that the iews were bound to obey him . so that in their sense god is said to take away kings , and set up kings , either . by express nomination : this way , if there was no other , the babylonian and persian monarchies may be defended . the former has been spoke to already ; and of the latter it was foretold by isaiah long before the birth of cyrus ; that he should be a conqueror , that god had holden his right hand , or strengthened him , to subdue nations : and that he should restore the iews to their own country ; which could not be done without the destruction of the babylonian empire . . god is said to take away and set up kings , when he suffers one king to conquer another ; and the right heir is either destroyed , or submits . and since we are not to expect new revelations , we are to conclude , god removes kings no other way but this : which is no limiting the providence of god in governing kings , and protecting injured subjects , as the doctor supposes . for god can , when he sees it convenient , either turn their hearts , or take them out of the world , or incline them to resign . these are all easy and intelligible expedients , and don 't bring any of those difficulties of providence upon us , as the doctor has entangled himself with . this keeps the ancient boundaries of right and wrong unremoved ; and settles the duty of a subject upon a legal basis. indeed where revelation fails , what is so reasonable a direction to steer by , as the constitution ; which is confirmed by the laws of nature , and the authority of god ? is not this a much more accountable method , than to resign up our consciences to violence , and impetuous accidents , and to make treason our oracle ? now setting aside the scripture-right the babylonian and persian monarchs had to their empire ; it 's easy to conceive that these victorious monarchs either destroyed those kings they dispossessed , or made them submit their claim , as edgar atheline did to william the conqueror . that this practice of dispatching them was usual to settle the new conquests , and prevent competitors , is very probable . upon this account it was that nebuchadnezzar slew zedekiah's sons , and all the nobles of iudah . and at the fall of the babylonian empire belshazzar was slain , as we may learn from daniel and xenophon . and how kindly the romans used their royal captives may be guessed , without other examples , by the treatment of perseus , and his family . now where the right owner of the government is destroyed , though never so wickedly , the usurper becomes a lawful prince : for possession is a good right , where there is no better . these observations are sufficient to justify submission to the four monarchies , without having recourse to the doctor 's new scheme . i am now to attend the doctor to alexander the great , whom he gives a hard character , and thinks any prince who gets the throne may pretend as much right as he . whether the ground of alexander's war was defensible , or not , is not material to the point● however he insists very much upon the justice of his cause , and tells his soldiers they were ingaged in a holy war ; and that his design was to revenge the injuries done to religion , by darius and xerxes kings of persia ; who made a barbarous descent upon greece , and violated all laws , humane and divine . and in his letter to darius he sets forth , by way of declaration , how the grecian colonies in ionia , and about the hellespont , had been oppressed and harassed by his predecessors . how greece was over-run with fire and sword ; and besides other terrible articles of accusation he tells him , that his father philip was assassinated by some persian's instigation : and at last appeals to the gods with a great deal of assurance . now i don't find darius ever offered to purge himself , and therefore the charge might be all true , for ought appears to the contrary . and if so , i hope the doctor will be kinder to alexander's title , and not censure such a religious expedition ; especially where liberty and property were so much concerned . and if this won't do , there are several other considerable circumstances after darius his death , to alledge in behalf of alexander's legal right . . we don't find darius his son who was taken with his mother at the battel of issus , outlived his childhood ; and therefore it may be taken for granted , he never put in his claim . . alexander married statyra darius his eldest daughter , which made him at the lowest a matrimonial king. and no doubt this lady would not contest the administration of affairs with him at that time . and for fear the doctor should find out a salick law in persia ; it may be observed in the third place , that oxatres , darius's brother submitted to alexander , and rid in his guards . and now for ought i see his title is clear on all sides . but the doctor attempts to prove from the authority of the convocation , that the iews were bound to submit to alexander , when he summoned iaddus the high priest and the rest of them to surrender , though it cannot be denied that darius was then living . in answer to this i shall prove , first , that this assertion is a manifest misconstruction of the convocation . secondly , that considering the condition darius was then in , such a submission as the doctor contends for , must be unlawful by his own principles . first , the doctor misrepresents the convocation . 't is true , the convocation asserts , the iews were the subjects of alexander after his authority was settled among them . but then they plainly suppose that alexander's authority was not settled while darius lived . for , . they inform us , that iaddus sent alexander word that he could not lawfully violate his oath of allegiance to darius , whil'st that prince lived . now in reporting this answer of iaddus , they don't add the least mark of censure or disapprobation . whereas it 's their custom throughout their whole book , when they relate any unwarrantable passages of history ; to shew their dislike , and to condemn the fact. this method as it was necessary to declare their opinion , and make their narrative instructive : so there never was a more important occasion to pursue it , than in the place before us . for if they were of the doctor 's mind , they must have thought iaddus was wonderfully to blame , for giving alexander such a categorical peremptory denial . and therefore they ought to have censured , and exposed such a dangerous mistake for fear of the malignity of the precedent . not submit to alexander while darius lived ! what a mortal obstinacy was this ? no less in the doctor 's divinity , than a direct standing out against providence , and opposing a divine right . and would the convocation , who are wont to take notice of lesser failings , suffer an error of such a pernicious consequence to pass without the least stroke of correction ? this if the doctor 's sentiments and theirs had been the same , would have been an unpardonable omission ▪ a negligence that common honesty , and discretion , could never have been guilty of . but to shew they were of a different opinion , we find iaddus's behaviour justified by the authority of their canon , where we have these remarkable words : if any shall affirm that iaddus having sworn allegiance to king darius , might lawfully have born arms himself against darius ; or have solicited others , whether aliens or jews thereunto , he doth greatly err. they tell us in the foregoing chapter , ( out of which this canon is drawn , that alexander desired iaddus to assist him in his wars against the persians ) and in the canon which is nothing but the historical part formed into doctrines and practical truths ▪ they assert that it 's a great error to say that iaddus might have born arms against darius , i. e. that it was unlawful for iaddus to have assisted alexander , and by consequence , that his refusing this prince , was a commendable instance of loyalty . and yet after all this evidence , the doctor is pleased to say , that the convocation in their canon takes no notice that jaddus could not submit to any other prince while darius lived . no notice ! do they not say it was unlawful for iaddus to have born arms , or to have solicited any others to a revolt ? which is as plain a justification of his incompliance with alexander's demands ; and as full an evidence that success , does not transfer allegiance as is possible . and is all this nothing ? but the words whil'st darius lived ; are not transcribed from the history into the canon , it 's granted . however this omission upon which the doctor founds himself is not at all material : for . the sense of the canon concerning the unlawfulness of iaddus's taking arms against darius is indefinitely expressed ; and by the rules of reasoning ought to be understood without any limitation of time , unless the subject matter requires it ; which it 's far from doing to the doctor 's purpose in the case before us . for the canons being but an abridgment of the history of the chapters , drawn into practical propositions ; they ought to be taken in the same sense , and understood in the same comprehensive latitude with the history ; unless there is a plain exception to the contrary . for unless the chapters and canons are to be understood alike ; to what purpose is the history premised in the one , and repeated in the other ? since the chapters are the body from whence the canons are extracted , they ought to regulate their meaning , and explain their ambiguities , if there should happen to be any . besides , it 's the custom of conclusions of this nature , to be contracted into a lesser compass than the principles from which they are inferred . all unnecessary lengths of expression being industriously avoided upon such occasions . what wonder is it then to find the canons less wordy than the historical chapters ? . unless the canon holds out the full meaning of the chapter , the sense must be uncertain , and uninstructive . they tell us it was unlawful for iaddus to have taken up arms against darius . but how long was this allegiance to last ? why according to the new interpretation no longer than an armed enemy , or a company of revolters should order him to break it , and put him upon a dedition . so that the meaning of the canon it seems amounts only to this , that iaddus ought not to have invited alexander into iudea ; nor to have run after him , as soon as he heard he had taken the field against darius . but when the new prince came once near him , he was immediately to go out in his pontificalibus , and surrender without any farther dispute ; though darius was still living , master of a prodigious army , and had by far the greatest part of his empire in his possession . this no doubt is an admirable direction for the loyalty of future ages , and fit to create an entire confidence between prince and subject ! if every man may transfer his subjection when his prince is in danger , and himself is judge of that danger , allegiance is no more than a ridiculous and arbitrary relation , contrived only to impose upon the credulity and good nature of princes , without giving them any tolerable security . for when they have most need of their subjects they may go look them . so that the principal design of the oath centers in the convenience of the subjects . a man swears that he will be sure to take care of one , and never rebel , when he believes his prince too strong for him , and that he must be hanged at home for his pains . in this extravagant meaning the canon explains itself , if we do not take it in connexion with the foregoing chapter , and extend it to the words of the history , viz. that iaddus was not to bear arms against darius , whil'st darius lived . which construction is unforced , and natural , avoids all the former inconveniencies ; and makes the canon a very intelligible and useful direction for the subject . . let the meaning of this passage be restrained to a less extent than darius's life ; it will not come up to the doctor 's purpose ; for both the canon and chapter are point blank against him . he cites them to prove that iaddus's submission to alexander ( though an usurper ) was lawful ; whereas they say the direct contrary . they relate the history of iaddus's non-compliance in the chapter . and to recommend his example with the more advantage ; they fortify it with their own authority : and immediately decree in their canon , that if any man affirms that iaddus might lawfully have born arms against darius , he doth greatly err. well , but iaddus did not mean this by it , for he immediately submitted to alexander as soon as he came to jerusalem . he did so : however , under favour , this is foreign to the argument . for we are not disputing iaddus's practice , but the sense of the convocation . now they don't make the least mention of iaddus's submission , and therefore the doctor ought not to insist upon it , at least not amongst his convocation-proofs . the reason of their silence no doubt was either because they thought iaddus's submission to alexander unlawful , or they believed , as iosephus reports , that he had inspiration to justifie him . which because it is not now to be expected , the convocation waves the relation ; for fear enthusiasm , and religious imposture might take occasion from thence to unsettle kingdoms , and lead men into rebellion . the doctor in his case of allegiance takes no notice of this revelation , which was the only ground of the iews submission ; but in his vindication he attempts to prove from iosephus , that jaddus never question'd whether it was lawful to submit to alexander in these circumstances . and therefore when god is said to appear to them in his dream , he answered , no question , about the lawfulness of submitting to alexander ; but directed him how to do it in such a manner as might prevent the threatned danger . in reply to this i must observe , that this relation about iaddus's dream , does not affect the sense of the convocation ; for they take no manner of notice of it , but by necessary implication commend him for his resolute answer to alexander . i shall therefore undertake this answer of the doctors as an argument of his own , independent of the convocation book . having premis'd this , i reply by way of enquiry , is the doctor certain that iaddus never questioned whether it was lawful for him to submit to alexander , when he was coming with a great force against jerusalem ? if the case be thus , what is the reason of his sending word that he could not submit as long as darius lived ? was iaddus assured that alexander could not march his forces to ierusalem as long as darius was living ? he could not suppose darius thus invincible , since he was lately defeated , and retired towards babylon ; what made him then return alexander such an untoward excuse , romance against his own interest , and give such an uncouttly and impolitick answer ? one would almost think the doctor owed iaddus a spite , he makes him so ridiculous upon all occasions . if he had thought it lawful to submit , why did he not do it before ? what made him delay it to the last minute , and give a needless provocation to the conqueror ? 't is plain from iosephus , that iaddus did not submit till he had received direction from god. now if he was at such perfect liberty to transfer his allegiance , one would imagine he should have sent a tender of it to alexander , before things had come to this extremity . but of this the historian makes not the least mention . he tells us , that alexander threatned iaddus that he would be with him shortly , and instruct him better in the doctrine of oaths ; that iaddus notwithstanding kept his point , and his gates shut ; that the macedonians expected ierusalem would be sacked , and that iaddus would pay dearly for his obstinacy : which is a demonstration there had been no overtures of submission . it likewise appears from iosephus , that when iaddus had his oracular dream , alexander was within a days march of ierusalem . now if he was so entirely satisfied about his new master , why did he risque his affairs at this rate , and stand off till alexander was just in view ? this was an early submission indeed , and likely to attone for his former contumacy ! so that if a man may conclude any thing , his deferring to surrender thus long , is a pregnant proof he believed it unlawful . but possibly he was sure of assistance and direction from god when ever it was desired . how could that be ? there was neither urim nor thummim after the captivity ; and prophecy ceased with malachy . besides , what need was there of a supernatural direction for the resolution of a plain case ? yes , though the matter of the action was clear , there was a difficulty in the manner of doing it . whose fault was that ? if iaddus had gone in sooner , his own discretion though but ordinary , would have been sufficient to have managed his submission . for alexander was known to be a more generous and prudent prince , than to insist upon unreasonable rigors , especially at the beginning of his fortunes . well! but iaddus possibly did not think it lawful to submit till alexander was just upon him . and what made him think so then ? why could not he stand a siege as well as the iews had formerly done against nebuchadnezzar ? why did he fall short of the resolution of tyre , and gaza , and be out done by mere heathens in point of loyalty ? or does the doctor believe it lawful for a governor of a town to surrender as soon as he hears the enemy is approaching ? if he does , he would make an excellent garison divine . but does not iosephus say , iaddus was extremely concern'd how he should meet the macedonians ? meet them ! in what manner ? in a submissive petitioning way ? no such matter . the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , will bear a hostile signification ; and the series of the history requires such a construction . for alexander was very angry , and his army expected the plunder of the town , and the iews stood upon their guard ; which are strong arguments that there had been no treaty , or signs of a surrender . besides , the doctor is mistaken , in saying that god answered no question about the lawfulness of submitting to alexander . for god bid him open his gates , which is a clear proof that iaddus stood upon his defence ; and kept the countenance of an enemy ; and thought himself obliged so to do , till he had a dispensation from god almighty . this i conceive is a sufficient reply to the doctor 's answer concerning iaddus's revelation . and if there was any additional strength wanting , it will be fortified in the next paragraph as the reader may observe . to return to his case of allegiance , to which i answer thly , that the doctor does not only argue against the sense of the convocation , but against himself . for considering the condition darius was in , when iaddus was summoned by alexander , the high priest ought not to have submitted by the doctor 's principles . for when alexander is supposed to have come to ierusalem , he had conquered nothing but the proconsular asia , phoenicia , and syria : which probably was not much more than the tenth part of the persian empire . it was before the great battel at arbela , and not long after that at issus . where though darius had the disadvantage , yet he was so far from being discouraged by the defeat , that he writes to alexander at a very magnificent rate , treats him as his inferior ; and demands , rather than desires the liberty of his queen and children . now the doctor owns , that when the dispossessed prince has such a formidable power as makes the event very doubtful , ( which darius unquestionably had ) the revolution is incompleat , and we cannot yet think the providence of god has settled the new prince in the throne . and therefore we ought not in such a case so much as to pray against the dispossessed prince . and if so , certainly not to swear to another master , which according to his reasoning is a much greater submission . and though he tells us , ( and would fix the doctrine upon the convocation ) that jaddus had sinned if he had refused alexander an oath of allegiance when he received his summons . yet here he grants by undeniable consequence , that iaddus had sinned if he had sworn . for then he must have had more than one king at a time , and been bound to two opposite and contrary . allegiances : which is a contradiction to the doctor 's th proposition , and indeed to reason itself . the truth is iaddus , as our author represents him , makes a very odd figure . he solemnly professes , that he could not submit to alexander while darius lived . and yet , like a wary man , his meaning , if we believe the doctor , was no more but this : that having sworn allegiance to darius , he could not make a voluntary dedition of himself , &c. but when he was in alexander 's power , ( to which he resigned himself without the least resistance ) he made no scruple to become his subject . which is in effect as if he had sent alexander word , sir , though our preingagements of allegiance to king darius hinder us from surrendring at your summons , yet i hope your majesty won't take us for men of an obstinate and incurable loyalty . if you please to march your army to ierusalem , you will find the behaviour of the iews not ungreeable . for though in point of conscience we are bound not to run in quest of new governors , yet any body may have us for the fetching . and were not iaddus and his countrymen admirable subjects at this rate ? don't they deserve to be commended by ptolomeus lagi , and antiochus magnus , for their fidelity to darius , and to be entrusted with places of strength upon this account , as iosephus reports ? these iews , no doubt , were fit to make any town impregnable . they would defend it against all mankind but an enemy . but if he had once appeared they were ready to open their gates , and their arms to receive him . indeed as this historian represents them , their loyalty was considerable ; because though they were threatned to be attacqued by a powerful and victorious army , yet nothing could persuade them to change their prince , but an express command from god himself . but as their behaviour is described by the doctor , they have very little reason to value themselves upon their constancy . and now it may not be improper to go on to the roman empire . in behalf of which the convocation is again cited by the doctor to prove , that the iews were bound to pay tribute to caesar , to pray for him , and give him the security of an oath . why the doctor quoted these passages , except he thought the reader would not consult the original , i can't imagine . for not only the chapter , but these very canons stand in direct opposition to his opinion . they all along suppose the roman government was legally established : and condemn the non-compliance and resistance of the iews upon that account . the canon in the beginning , which the doctor took care to omit , plainly affirms , that the royal assamonean family , which only had a right to the sovereignty of their nation , had resigned their crown , and owned the romans for their masters . their words are . that aristobulus , and his two sons alexander and antigonus , had all of them submitted themselves to the government of the romans . and then it s no wonder that the canon decrees . they sinned in rebelling against them . the submission of these princes is no doubt the reason why the iews are said to have wilfully drawn the tyranny of the romans upon their heads . and to make the matter plain beyond all contradiction , the very passage quoted by the doctor , calls the romans their lawful magistrates . a man must be very sharp-sighted to spy out any countenance given to usurpation by these authorities . i confess i am almost amazed to find them alledged by one of the doctor 's sense . now though i am only concerned to vindicate the convocation from the doctor 's construction ; yet possibly a brief touch of the history may not be unacceptable to the reader . we are to observe then , that about the year , before the incarnation , the two royal brothers , hyrcanus and aristobulus hapned to dispute the sovereignty of iudea . in which contest hyrcanus , though the eldest , was by misfortune and duress , compelled to resign . and the articles between his brother and him , for the more solemn ratification were agreed to in the temple . however this resignation being forced , made hyrcanus uneasie ; who for remedy applies himself first to aretas king of arabia , and afterwards to pompey the great . who , glad of the invitation , marches his army into the country , takes ierusalem , and makes iudea a part of the roman empire . hyrcanus is contented to receive the high priesthood from his patron pompey ; and aristobulus is sent prisoner in chains to rome , with his children . after several varieties of fortune he was enlarged by caesar , and had the command of two legions under him . and the next news of him is , that he was poysoned by some of pompey's faction , and his eldest son alexander beheaded by scipio . the younger antigonus recovers ierusalem by the help of the parthians , cuts off his uncle hyrcanus's ears to unqualifie him for the priesthood ; and afterwards submits to sosius and herod , who commanded for the romans , and is beheaded by mark antony . upon this herod , who was some time since made king of iudea by the romans , goes on with his project to dispatch the royal line . and to colour his design the better , he invites hyrcanus , who was in parthia , to his court ; and gets him into his power . then he makes aristobulus , son to alexander abovementioned , and brother to mariamne , high priest ; and soon after procures him to be drowned in a canal . and , to make sure work , he proceeds to the murther of mariamne his queen , and hyrcanus her mother's father . and thus we see how the romans came by their title to iudea , which though they might introduce by stratagem and force , yet it soon improved into an unquestionable authority . for first they had the submission , and afterwards the extinction of the royal family ; either of which were sufficient to support their claim , and make them a lawful magistracy . by this time i suppose it 's sufficiently apparent , that this convocation is far from teaching , that princes who have no legal right to their thrones , are either placed there by god , or vested with his authority . but before i conclude this argument , i must consider what the doctor has lately advanced to fortify his opinion , that the moabites , aramites , and aegyptians , could not have a legal right to govern israel . for by the constitution of the iewish common-wealth . they could not give the power of the government to a stranger . the four monarchies likewise were erected with the most manifest usurpation . in answer to this objection . i shall endeavour to prove that these governments were all free from the charge of usurpation ; both from the sence of the convocation ; and likewise by arguments independent of their authority . . in answer to the text of deuteronomy , , . upon which the doctor relies . we may take notice , that every breach of a constitution does not make a governor an illegal prince ▪ solomon multiplied wives and horses contrary to the express command in this chapter , and several others of the israelitish kings were guilty of greater errors : yet these miscarriages did not in the least disoblige their title ; or make them cease to be legal princes . . we may observe there were some things the jews were forbiden to do : which when they were once done , their act was valid and firm , and they were bound to maintain it . for example , the jews were expresly prohibited intermarrying with the seven nations , of which the hittites are first named . however we read that bethsheba a jewess , daughter to eliam the son of achitophel , was married to uriah the hittite . but notwithstanding this obstacle , the marriage was undoubtedly lawful , as appears from nathan's application of the parable , and the aggravation of david's sin. to give another instance . the gibeonites were a remnant of the amorites , which the isralites were commanded to destroy ; but after they had received them into their protection , they became their natural subjects , whom they were bound to preserve . by parity of reason , though the jews were forbidden to elect a stranger for their king. yet when they had once made choice of him , ( provided they were not preingaged to another ) he becomes their lawful prince , and ought to be acknowledged as such . . either these foreign governors the doctor excepts against were lawful princes , or usurpers , the latter they were not . for as to their authority they neither usurped upon the right of the people or the crown ; for either the people submitted , that is , consented to be governed by them , when their was no king in israel . or else they had a resignation from the royal line . now if the doctor knows any mean between usurpers , and legal kings , he would do well to acquaint the world with it , for it will be a perfect discovery . having premised this , i shall proceed to a more particular consideration of the doctors defence , and examine his monarchies accordingly as they fall in order of time. to begin with the aegyptian kings . and there i need not repeat what i have urged already to prove , that they had a natural and legal right to govern israel . it s sufficient to observe that the doctor 's main . objection does not affect them . for the israelites were under their government before the delivery of the mosaical law , by which they were enjoyned not to choose a foreign prince . so that deuteronomy . . cannot be alledged against the legality of pharaoh's title ; because this text was wrote long after the children of israel came out of aegypt . this the convocation must needs know , and therefore could not reckon pharaoh an illegal prince with respect to the israelites . . the kings of the aramites and moabites are called tyrants by the convocation ; not with respect to their title , but their government . god gave them judges to save them from the tyrants that oppressed them . for that they were no usurpers ( in continuance , whatever they might be at first ) appears . . from the comparison the convocation makes between ehud and iehu , ioram and eglon. they expresly tell us , that the case of iehu was like unto this of ehud . now to make the case parallel , the kings that were removed must have the same title to their government . and since the doctor must allow that ioram was a lawful prince of the israelites , it follows that eglon was so too . for the convocation mentions them without any manner of distinction , and requires the same extraordinary commission from heaven to enterprize any thing against either of them . . by their general conclusion , which they make immediately after the recital of these cases ; it plainly appears , they believed eglon to be a lawful prince with respect to the israelites . their words are as follow . both these examples ( of ioram and eglon ) do make it known to us , that the lord may overthrow any kings , &c. notwithstanding any claim , right , title , or interest which they can challenge to their kingdoms . now this inference cannot be drawn from the premises , unless eglon had a good and unexceptionable right to the government of israel ; for if eglon's title was defective in any point , it could not be a ruled case against those princes who had a better . but the convocation affirm that from these examples of ioram and eglon , its evident that god can overthrow any kings , notwithstanding any claim ; right , title , &c. which reasoning supposes that eglon had all the right , and claim , title , &c. which was requisite , and by consequence was a legal prince : from whence it appears , that the convocation does not mean a king de facto , in opposition to one de iure , ( for the examples before them , gave them no occasion for such a distinction ) but only a prince in actual administration of the government , without any reflection upon his title . . i have proved above , that the babylonian monarchy was legally established over iudea : the jews being expresly commanded by god himself to submit to the king of babylon . now though the jews were not allow'd out of their own voluntary motion to chuse a foreign prince , especially when they had one of their own ; yet without question , they might accept of one of god's chusing . god doubtless has the liberty to dispense with , or repeal his own positive laws . and as the government of the babylonians over israel was unquestionable ; so likewise was that of the persians , who succeeded to the right of the former . thus the convocation affirm , that the kings of persia continued a supreme authority over the jews by god's appointment . and that nehemiah and zorobabel were lawful princes . which they could not have been , unless the kings of persia were such , because they acted by their deputation . . as to alexander the great , the convocation declares that the jews were as much his subjects , as they had been before the subjects of the kings of babylon and persia. and if they were as much his subjects , his title to command them must be as good as that of the preceding kings . besides i have already made it appear that the jews submitted to him by god's particular direction . lastly , the convocation affirms , that it was unlawful for aristobulus the father , or either of his two sons alexander , or antigonus , having all of them submitted themselves to rebel against the romans . this is a clear argument that this reverend assembly believed the right of the crown of iudea translated by the submission of the royal line ; and that the romans by consequence were their legal governors . and to make their testimonies demonstrative , they expresly pronounce that the romans were the jews lawful magistrates . and what countrymen were the romans ? were they not foreigners ? the doctor sure does not think the convocation took them for native jews . and if not , they could not understand deut. . . in his sense . farther . to argue with the doctor independently of the convocation : as this command in deuteronomy , was not given till after the aegyptian monarchy , so the force of it expired under the roman : for after the coming of shiloh , the scepter was to depart from iudah . now the command of choosing a king of their own nation could not extend to a time in which it was foretold by sacred writ that their state should be dissolved , and there was no more kings of iudah to be expected . so that after the messiah appeared , it was lawful for the jews to submit to a foreign power notwithstanding the text of deuteronomy , or else they were obliged to live in hobs's state of nature . for if they might not submit to foreign princes they must break up society , and be independent of all government ▪ for iacob's prophecy had barred them from having any governors of their own . which latter supposition all men will grant to be impracticable and absurd . but if the jews might lawfully submit to a foreign power ; then those they submitted to were their lawful governors . besides at the death of our saviour , all the mosaick law unless the moral part of it was cancelled . so that the roman emperors were as much the natural princes of the jews ; as the kings of portugal and spain are over their posterity who now live in those dominions . from whence it follows that when st. paul wrote the . to the rom. upon which the doctor ▪ so much insists : he could not suppose the roman authority could receive the least blemish from deut. . . which i desire may be remembred ▪ against another time. in short the meaning of this last . text appears to be no more than this , that the jews were not permitted out of levity to make a voluntary choice of a foreign prince : but when they were under hard circumstances and injured none but themselves by their submission ; they were at liberty to consult their advantage , this as to the main is the opinion of grotius , and has been the doctor 's too . who seems to wonder the pharisees could not distinguish upon the prohibition ; but took it in too unlimited a sence ? so that its in vain for the doctor to reply , that if force dissolves the obligation of a positive divine law ; a meer human one cannot hold ▪ out against it . for the command we see does not reach a case of force ; but points at circumstances of liberty , and inclination . and what is farther very remarkable . it does not follow that because the israelites might submit to prevent hard usage , when they were in their own power . when they were unengaged to any prince of their own . i say it does not follow from hence , that they had any authority to desert their prince in his distress ; and to give away his right to save themselves harmless . these two cases are extreamly different . in the first , a man resignes nothing but what belongs to him ; and is at his disposal . but the other confounds the nature of property , makes a man forfeit without consent , or provocation given : and puts it in the subjects power to translate their allegiance without their princes allowance ; and to depose them when they please . i shall now proceed with his book of allegiance ; and before i take leave of the chapter i was examining , i shall just observe , how inconsistent the doctors notion of settlement is with it self ; and of what incoherent parts its compounded . he tells us , when the whole power of the nation is in the hands of the prince ; when the estates of the realm , and the great body of the nation has submitted to him ; and those who will not submit can be crushed by him ; when all this is done ( and i suppose not before ) he concludes the settlement compleat . by which definition he plainly makes force , and consent , power , and law , essential to a settlement , and by the same logick , he might have compounded it of fire , and water . if power will govern and is a certain sign of god's authority , to what purpose are the states convened ? cannot providence dispose of kingdoms without their leave ? or does a divine right depend upon humane forms and solemnities ? in short either power implies a necessary conveyance of divine right or not : if not , then it s no certain sign of god's authority ; and so the doctor 's fundamental principle is out of doors . if it does ; then there is no need of the submission of the estates to perfect the settlement . but since the doctor has call'd them together , i desire to know whether they are legal , or illegal estates , if illegal , they had better have kept at home , than meet to break the laws . if they are a legal body , let this be proved . and thus , at last , we must be brought to debate the legality of a revolution , which , the doctor tells us , is an unnenecessary , unfit , and impracticable undertaking ? however , as the doctor has ordered the matter , the estates can have nothing to do with it ; and therefore i can't imagine what he brought them in for , unless it were for a varnish . it 's likely he thought naked unornamented violence , would make but an untoward figure ; and that people would be too much frighted , to spell out its divine authority . for this reason he has dressed up his power in the habit of justice ; and supplied the defect of law , with pomp and pageantry . but he seems not well pleased , because his definition of settlement is not allowed him ; and would gladly hear a good reason why the general submission of the people can't settle the government , unless the prince submit also . i hope it 's no bad reason to say the submission of the prince is necessary in this case , because no man can lose his right without forfeiture , or consent ; nay , forfeiture itself supposes a conditional right , and implies consent at a remoter distance . the doctor himself acknowledges , that consent is necessary to transfer a legal right . from whence it follows , that where the princes legal right is not transferred by his own submission , it still remains in him , unless kings are in a worse condition than other people ; and lose the common privilege , by being god's representatives . now one part of the king 's right is to govern his subjects ; and if he has a right to govern , they must of necessity be under any obligation to obey him . and that must needs be a firm settlement , which all people that make it are bound to unsettle again . as for his distinction between legal and divine right , i have shewn the vanity of it already . to conclude this section ; if the doctor is resolved to persist in his new opinion , that all soveraign or usurping powers have god's authority , and that subjection is due to those who have no legal right ; he must look out for some other supports , for that of the convocation , and church of england , will be sure to fail him . now that the reader may not think him unprovided with abettors , i shall shew by and by , from what quarter he may receive a considerable assistance . sect . iii. the doctor 's arguments from scripture and reason examined . having done with the convocation , i must go on with the doctor to scripture and reason , from both which intermix'd with each other , he attempts to prove , that all soveraign princes , ( that is , every one that has force to crush the dissenting party , prince ▪ massianello not excepted ) who are settled in their thrones , are placed there by god , and invested with his authority . that is , in plain english , they must be obeyed as god's ministers , though they have no legal title ; and the people know they have none . this , in so many words , he knew would sound harshly : and therefore has given the expression a turn of advantage . to come to his proofs : which he has reduced into propositions . among these , his first proposition , that all authority is from god , is undeniable . second proposition , that civil power and authority is no otherwise from god , than as he gives his power and authority to some particular person or persons to govern others . this is likewise granted him : but what use he can make of it i cannot imagine . for though no man can govern by god's authority , unless god gives it him ; it does not follow from hence , that god gives his authority to usurpers . the doctor knows god did not give it to athalia , and why other usurpers should be in a better condition , he has not yet offered any satisfactory reason . force , and authority , ( though our author confounds them ) have always been looked upon as things vastly different . the first is nothing but violence and irresistibility . the other ( authority ) is a moral capacity to do an action , and always implies a right . so that they who pretend to god's authority , must make good their title either by the ordinary plea of humane laws , or by the extraordinary one of revelation . they must prove they have a right distinct from their power , otherwise they contradict the sense of mankind , and destroy the very being of morality . however the doctor thinks it plain from st. paul and st. peter , that all those who exercise supreme power are set up by god , and receive their authority from him , notwithstanding they have no other title but the sword. in order to the removing this mistake , i shall endeavour to prove , that by the higher powers , the apostle meant only lawful powers . . because we have a rule in the scripture to interpret the apostle in this sense . for the distinction between lawful and usurped powers , is not unknown to scripture , as the doctor pretends . . this interpretation is supported by the authority of the ancient doctors of the church . . it s agreeable to the sentiments the generality of mankind had of a usurpation . at , and before the apostles time. . we are warranted by the scriptures of the old and new testament to conclude that by the higher powers , are only meant those who are lawfully constituted as appears . . from the instance of athaliah . who though she had power and settlement in as ample a manner as can be desired ; yet she had no divine authority , nor any right to the peoples obedience as is plain from the history . the doctors solution of this difficulty from the entail of the crown upon davids family , has been shown insufficient . i confess the doctor has offered something farther lately in defence of his notion ; though i think much short of his point . however the learned authour of the postscript being particularly engaged in this case ; and having managed it with so much advantage , i shall forbear to insist any farther upon it . . another argument from scripture , that by the higher powers are meant only lawful ones . may be taken from pet. . v. . the next verse to that which the doctor quotes for a contrary opinion . in which place the apostle commands us to submit to the king , as supream ; and unto governors , as unto them who are sent by him . now if we are bound to submit to subordinate governors , by virtue of their delegation ; because they are sent by the king , or supream power : it follows that when they are not sent by him ; but challenge our submission upon the score of independent right , they are not to be obeyed . suppose then the emperor's procurator of iudea had set up for himself in the apostles time , and brought over the sanedrim and the majority of the jews to his party , and possessed himself of the civil and military power of that nation ; were the jews bound to submit to the procurator or not ? by the doctor 's rule undoubtedly they were . for here is nothing less than his through settlement ; and by consequence providence and divine authority ; to oblige them to acquiesce . but on the contrary st. peter's doctrine , teaches us to look upon this procurator as a treasonable usurper , and to have nothing to do with his settlement . for we cannot suppose him acting in his masters name , when he rebels against him ; unless we can imagine the emperor would grant a commission to fight and destroy himself . if therefore the reason of our submission to inferior magistrates , is founded in their subordination ; in their being sent by the supream ; as is evident by the apostles argument : then certainly we are not to obey them how successful soever they may be , when they act upon their own pretended authority ; and against him that sent them . i can't foresee what the doctor can reply ; excepting that iudea was but a small part of the roman empire ; and therefore a general revolt in that country alone , could not plead god's authority from their success , nor oblige the noncomplying subject to obedience . to this i answer ; that if we are to obey the higher powers , i. e. those who can crush us without respect to the legality of their title . if soveraign force , and soveraign authority , are the same , then we ought to obey them as far as their power reaches : for so far their divine authority must extend . if the revolt be general , and the power undisputed , the largeness of dominion is not at all material : for , as has been observed , the boundaries of empire are of an inferior consideration . they depend only upon pacts , and humane laws ; and ought not to stand in competition against providence , and hinder the exercise of a divine right . god , without question , can change the limits , as well as the governors of a kingdom ; ( and ought not to be confined in this respect no more than in the other . ) and since settlement and success is a certain sign of divine authority , we ought , according to the doctor ▪ to submit to every subdivision of power , though never so illegally cantonized ; as long as they keep distinct , and unsubordinate to each other . . that the distinction between lawful and usurped powers , is not unknown to scripture , will be manifest from the consideration of hebr. . . there the inspired author commands the hebrews to obey those who have the rule over them , and submit themselves . i grant the place is to be understood of church-governors : but it 's as plain by universal practice , that this submission is to be paid to none , but lawful spiritual powers . for if any bishop should offer to govern another's diocese , and usurp his see ; such intrusions have been always condemned by the church ; and the people obliged to adhere to their first bishop . and since this scripture concerning ecclesiastical rulers , has been always understood of those who are lawfully and canonically set up ; though these words are not expressly in the text ; why the higher powers should not be restrained to magistrates legally constituted , is somewhat hard to imagine : what reason have we to suppose god should confirm an intrusion upon the state ; and disallow in the church ? why should he give his authority to temporal usurpers , and deny it to spiritual ? are not bishops de facto as good as kings of that denomination ? to put the case more home , and to draw it into a narrower compass . let us suppose , according to st. cyprian's principle , every see independent of each other ; and that a lawful bishop is deposed by his people , and another chosen and consecrated by the presbytery , ( who are the spiritual estates ; ) and nothing of the usual solemnity omitted . now i desire to know whether the new man is a bishop , and has a divine right to govern the diocese ? if the doctor says yes , he contradicts the universal church , and destroys the episcopal authority . if he says , no ; i would gladly hear his reason . the person we are speaking of , is generally submitted to , and called bishop , and wears the episcopal habit ; and had all the ceremonies performed at his consecration ; and is disown'd by none but a few obstinate people , and what would you have more ? if you say the clergy were under tyes of canonical obedience to their former bishop ; that neither they nor the laity , have any power to depose their bishop , or to ordain a new one ; that such proceedings are contrary to the fundamental laws of church-government , and subversive of its monarchical constitution . this is all truth i grant ; but am afraid it will disoblige the doctor 's argument . for , under favor , are not the states bound by natural and sworn allegiance to their king ? what right have the members to depose the head , and inferiors to displace their supreme ? and what law is there to chuse a prince in an hereditary kingdom ? by what authority do they these things ? and who gave them this authority ? i put these questions to the doctor , because i hope he will be so kind as to take them for no more than enquiries . farther , by the doctor 's assistance it may be urged . that in the first ages of christianity , bishops were nominated by the holy ghost , ( as kings were in israel ) and elections apparently governed by miracles and inspiration ; as we may learn from clemens romanus ; and as it hapned afterwards in the case of fabian bishop of rome . but now since miracles are ceased , god does that in the church by his providence , which he did at first by express nomination . therefore though one layman should consecrate another , his episcopal character ought to be acknowledged , ( against the canonical bishop ) provided the great body of the diocese has submitted to him ; and the whole administration of ecclesiastical government is in his hands ; and every thing is done in his name ; and those who won't submit can be crushed by him . and if any one objects against this bishop de facto , i hope the doctor 's parallel reasons will satisfie him ! for first , here is as good a spiritual settlement according to our author's interpretation of that word , as a man would wish . to go on . no man can make himself a bishop any more than a king , whether god will or no. god is then said to set up a bishop , when by his providence he advances him to the episcopal throne , and puts the spiritual authority into his hands . all events are directed , and determined , and over-ruled by god ; so that it 's plain , that all elections of schismatical and heretical bishops , were over-ruled by providential appointment . besides , if there was any distinction between god's permissions and appointments ; yet we ought in reason to ascribe the advancement of bishops , to god's decree and councel , because it 's one of the principal acts of providence , and which has so great an influence upon the government of the church , and the salvation of mens souls . and if he decrees any events , certainly he peculiarly orders such events as will do most good or most hurt to the church . from the absurdity of this way of reasoning , it evidently follows , that the author to the hebrews must be interpreted of lawful rulers , though the distinction is not expressed . and since the scripture , by undeniable consequence , teaches us not to submit to those who govern in the church without right , we ought to conclude our duty the same with relation to the state. it 's in vain to urge that this epistle was written after that to the romans ; and therefore st. paul could have no reference to it . this objection must vanish before those who own the new testament written by the holy ghost . for whatever is dictated by inspiration , must be coherent and uniform ; especially when duties of a moral and unalterable obligation are delivered . so that unless the doctor can show a disparity between church and state , such a one i mean as destroys all proportion of reasoning from the one to the other , he must grant that those higher powers mentioned by st. paul , are to be understood only of those who are lawfully such . i now perceive by the doctor 's vindication ( which i did not before remember ) that the author of the postscript has touched upon this argument . and since i am somewhat concerned in the vindicator's answer , i shall beg leave of the above-mentioned author to make a short reply . for as the doctor has ordered the matter a few words will serve . he says the cases mentioned . rom. . . and heb. . . are by no means paralel . and that the apostle to the hebrews had no reason to make any such distinction , which it was necessary for st. paul to have done , rom. . if he intended to be understood only of lawful powers . this he endeavours to prove from the universality of the expression . because st. paul gives a general charge to be subject to the higher powers , and generally affirms that all power is from god. to this i answer , that the text to the hebrews is as comprehensive as that to the romans . obey them that have the rule over you , is an indefinite proposition , which he knows is equivalent to a universal . st. paul it 's true affirms all power is from god : and does not the author to the hebrews say , with relation to spiritual jurisdiction , that no man takes this honour to himself , but he that is called of god as was aaron ? besides , if all power is from god , then all spiritual power is from him , which makes way for heretical intruders , and is a contradiction to the th . of the hebrews by his own concession . but if the words all power are to be restrained to a particular sense , the universality the doctor contends for is gone . if they must be confined to temporal powers , why are they not capable of a farther limitation ? why should they not be understood only of lawful temporal powers , as well as the rulers mentioned by the author to the hebrews , though with the same extent of expression , are meant of none but those who are lawfully ordained ? but the apostle to the hebrews knew who had the rule over them at that time ; and that they were lawful ministers ; and had he added any such distinction ( i. e. expresly commanded them to submit only to lawful rulers ) he might have made the hebrews jealous about the title of their church governors , and spoiled his exhortation of obeying them . in answer to this i observe , first , that this inconvenience which the doctor imagines might easily have been avoided without omitting this distinction . for the apostle might have added a clause , that he did not question the authority of their present governors , but only gave them a caution not to be led away with every pretending heretick for the future . secondly , i observe that the doctor grants that if the apostle , or the hebrews , had known that either nullity , or forfeiture , could have been truly objected against the authority of their spiritual rulers , there would neither have been submission enjoyned by the one , nor obedience given by the other . thirdly , i have already proved , and shall do farther , that the roman emperors at the writing of st. paul's epistle were legal princes ; and if so , st. paul ( or the spirit he wrote by ) must know it . and as for the romans , they had as good an opportunity of being satisfied about their temporal governors as the hebrews had about their spiritual . and therefore by the doctor 's reason st. paul might forbear adding the word lawful to higher powers , because he knew the emperor's title to be good , and for fear of making his subjects jealous by such a distinction . but fourthly , is the doctor sure that the apostle to the hebrews knew that their spiritual rulers were all lawfully constituted ? the doctor concludes this apostle to be st. paul. now st. paul complains that these was schisms and heresies in the church in his time ; yet there was false apostles who transformed themselves into the apostles of christ. and is he certain the hebrews were troubled with none of these ? he may please to remember that the ebionites , gnosticks , nicolaitans , and cerinthians , sprung up in the age of the apostles ; and most , if not all of them , in palestine . fifthly , granting the apostle knew the present church of the hebrews was free from unlawful governors : he likewise knew that other churches were not ; and that even this would not be always in so good a condition ▪ now if the apostle wrote for the instruction of all ages and countrys , ( and i hope the doctor will not limit the authority and usefulness of the scriptures to a particular climate or country ) he could not suppose the church had always lawful pastors ; and by consequence the doctor 's reason why he omitted the distinction must necessary fail . for when their governors were unlawful they ought to think them so , and not be barred up by any scripture expressions from a reasonable enquiry . sixthly , i would gladly know the doctor 's reason why title and legality must always be expected in sacred , but not in civil authority ? why god allows usurpers to represent him in the state , and denies this privilege to those of the same character in the church ? and what arguments he has to prove that the jurisdiction of kings ought to be more precarious , and uncertain , than that of bishops . . this interpretation of rom. . . which i am contending for ; is supported by the authority of the fathers ▪ i shall produce some testimonies from them . st. chrysostom upon the place puts the question 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is every governor chosen and set up by god almighty ? to this he answers in the apostles name ; i affirm no such thing ▪ for i am not now discoursing of every particular prince ; but of government it self . the constitution of magistracy does indeed proceed from the divine wisdom , to prevent confusion and disorder . therefore the apostle does not say , that there is no prince of god : but that those powers that be , are ordained of god. therefore where the wise man tells us , that it's god who joyns a woman to a man ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) he means no more then that god instituted matrimony . not that every one who lives with a woman , is joyned to her by god. for we see many cohabit sinfully ; and not according to the laws of marriage . which is by no means to be attributed to god almighties doing . this comparison without the rest of this father's testimony , is sufficient to show that he was far from believing that power , and god's authority , always went together . for as a man and a woman can't be joyned together by god , though they receive each other with never so much freedom , unless the essentials of matrimony are premised : especially when either of them are preingaged . so an usurper though he may debauch the subjects with presents of flattery , from their former obligations ; yet the whole commerce is no better then civil adultery , and therefore must not pretend to be authorized from heaven . the next testimony shall be taken from theodoret , who affirms , that the power of unjust men ( as all usurpers are ) does not proceed from god's choice , but only the dispensation of government in general . now if unjust powers , or usurpers , are not chosen , or delegated by god , then they can have none of god's authority . for no man can have god's authority , but he to whom it 's given : bare permission to govern , ( as the doctor goes on ) will not do . and yet this is all theodoret allows to such unqualified persons . occumenius , and theophylact , express themselves to the same purpose with st. chrysostom . only they add , that all kinds of power whatsoever are orderly , ( as theophylact has it , ) ordained by god. whether it be that of a father over his children , or a husband over his wife , &c. now these two jurisdictions of father and husband , are on all hands granted to be unexceptionable ; and founded in the laws of nature , and revelation . and since these fathers have made their instance only in powers confessedly lawful . we have reason to believe they understood the apostles higher powers , in this sense ; had they given us no other argument which it's evident they have . these testimonies of the fathers , not to mention others , together with the concurrent sense of our own divines , the doctor is pleased to call a common evasion ; and tells us , he knows not what they mean by civil authority , unless it be that god intended that mankind should live under government . and is not this a sufficient meaning ? no. this does not prove that all power is from god , unless those who exercise this power ( which he must mean by authority ) receive it from god. right ! and is the doctor offended at this ? is he angry because they don't contradict themselves , which they must have done , if they had asserted successful violence had a divine commission to act by . their maintaining civil authority to be of divine institution with an exception to particular persons , proves that all legal power is from god ; and that they took power , not for meer force , ( as the doctor does ) but under the notion of right and authority . if the doctor is resolved to stick so very close to the letter , i am afraid it will carry him to a construction he will not approve . what does he think of the kingdom of satan , is not that called the power of darkness ? will the doctor say , these powers are ordained by god ? i hope he is not so much straitned for government , as to make the devil a magistrate . . the interpreting the text in dispute only of lawful powers , is agreeable to the sentiments the generality of mankind had of usurpation at , and before the apostles time . i shall give some instances out of the most famous governments in the world , by which it will appear that mankind has always had a very unkind opinion of usurpers . and notwithstanding their success , they have not thought them so much the favourites of providence ; nor their calling so divine , as we are lately made to believe . to begin : astartus , contemporary with rehoboam , recovered the kingdom of tyre , after it had been held twelve years by usurpers , as sir walter ralegh informs us . it seems these tyrians knew nothing of the divine right of possession , from whence i conclude it 's no innate principle . the same author observes , that the ten tribes did never forbear to revenge the death of their kings , when it lay in their power , ( of which he gives some instances ) nor approved the good success of treason , unless fear compel'd them . so that it 's plain when they did comply , it was interest , not duty which engaged them . from whence it follows , that they were as much unenlightned as to this point , as the heathenish tyrians . to continue the argument , the counterfeit smerdis was in possession of the empire of persia for some months : who after he was understood to be an impostor , the princes of the blood immediately removed him ; which practice of theirs is mentioned by iustin with commendation . and the just odium which usurpation lay under , was probably the reason why this usurper's government is pretermitted , and not reckoned by itself in the chronological accounts ; but added to the reign of cambyses , as the misrule of cromwel was to that of king charles ii. from persia , let us travel homewards into greece , and to the most polite part of it athens ; where we shall find the memories of harmodius and aritogiton honoured , and their families exempted from paying taxes , for delivering their country from the tyranny of hippias , who broke in upon their government , and was expelled by the athenians after several years usurpation . the learned bodin gives us the sense both of the greeks and romans , in this matter as fully as can be desired . . he defines a tyrant ( or usurper ) to be one who unlawfully seizes upon the government . and then adds : such a person the laws , and writings of the antients , command to be slain ; and propound the highest rewards to those who can dispatch him . neither in such a case are the qualities of the person considered , or any distinction made between a kind , and a cruel usurper . — let this therefore be laid down as an undoubted truth ; that whosoever in a monarchy shall wrest the government from the lawful king , or shall set himself up for a prince , where the supream power is by the constitution in the people , may be lawfully killed by all , or any person of the community . and for this conclusion he quotes the lex valena among the romans . and solon's law at athens ; which was not much different from the other . and that this doctrine concerning tyrants might not be prejudicial to rightful governors , under pretence of maladministration . he takes care to subjoyn . that lawful princes , where they are supream in their government : such as they are in france , spain , england , &c. are not to suffer in their dignities , fortunes , or lives , whether by force , or formality of iustice ; though they are never so flagitious , and oppressive . these passages i have cited from the greeks , romans , &c. not that i approve of their expedient of assassination , but to show what an aversion they had to usurpation . alas ! they were perfectly to seek in the modern doctrine of possession . they never dreamed that violence , and right , were words of the same signification . or that the continuation of an injury , could give an improvement of title , and supply the defect of the first injustice . they believed that the property of crowns , and scepters , was at least as well fixed , as that of private persons , and that it was not in the power of violence and treason to take it away . these observations are sufficient to prove , that unless we will make st. paul clash with st. peter ; and contradict other plain● texts and inferences from scripture . unless we will expound the text contrary to the fathers ; run counter to the sentiments of mankind in general ; and debase christianity below the justice and generosity of heathenism ; we must understand st. paul's all power , of all legal power : and therefore i think there was as little reason as decency , in the doctor 's making so bold with the apostle ; as to say , that he ought ( i. e. god ought ) to have made an express distinction between legal and illegal powers ; otherwise no body could reasonably have understood him that he meant only the first . as to the difficulties which he imagines will follow from this interpretation , viz. it will be necessary for subjects to examine the titles of princes , and to be well skilled in the history and laws of a nation . i answer , . that all these inconveniences ( as the doctor reckons them ) the iews were liable to , under the family of david . upon which he owns the crown was so firmly entailed , that it could not be defeated by usurpation . this entail was made by god's appointment . and does god put his own people upon all these intolerable inconveniencies ? did his infinite wisdom fix the government upon the most incomprehensible basis ? does god use to oblige men to determine disputes above their capacity ; to lead them into labyrinths of history , and perplexities of conscience ? i suppose the doctor does not imagine the iews were all inspired with the knowledge of david's family , and of the elder branches of it ; and yet we don't read they were ever at a loss about it , but found the right way to their sovereign easily enough : and so doubtless they may do in other countries , without the doctor 's assistance . it requires no great reach of understanding to resolve all the questions incident to this matter . a man needs not be any great lawyer to tell whether he lives under a monarchy , or a commonwealth . it 's no difficult matter to distinguish the king from a subject , especially in a country where the oaths of allegiance and supremacy are almost universally taken . there are very few people with us so ignorant , as not to know that it's treason to take up arms against the king. and as for the right heir to the crown , he is generally as easily known , as the louvre , or whitehall . one would have thought that since god , by immediate designation , has given the royal authority to a particular family ; and tied the obedience of the subject to legal right , the doctor would have concluded that an adherence to legal right was most for the advantage of society . and not have given us reasonings which reflect upon the divine model ; and which suppose the seat of authority much more unaccountably fixed in the iewish government , than in those of meer humane contrivance . but the legality of princes titles , is a great dispute among learned men ; and how then should unlearned men understand them ? . he may remember that himself , and the generality of the learned in this kingdom , had not long since very different thoughts of the present controversy , from what they now have ; and whether their improvements in learning , or some other reasons , have altered their opinion , is a great question . . can unlearned men understand nothing about which the learned differ ? then without doubt they are not bound to understand the creed . for there are , and always have been a great many learned jews , and heathens , and hereticks , who dispute about these things . nay , why should they believe any religion at all , since there are several learned atheists who deny it ? what he adds concerning the title of the roman emperors , which for many ages together were either stark nought , or the very best of them very doubtful , is of the same complexion with the rest ; for . the emperors titles when st. paul wrote this epistle to the romans , ( which is the time pointed at by the doctor and the controversy ) could not be stark nought for many ages together , because at the time of the apostle's writing , the empire itself was little more than one hundred years standing . . what authority does the doctor bring to shew the emperor's titles defective ? why none but his own : indeed he had no other ; for if we consult the historians who treat of this argument , we shall find the matter quite otherwise than our author represents it . the reader may be satisfied from tacitus , that augustus and tiberius were chosen by the consent of the people and senate . the consuls , senate , army , and people , swore an oath of allegiance to tiberius . if part of this author's works had not been lost , we might no doubt have received the same testimonies from him concerning the titles of caligula and claudius . for dion cassius , an historian of unquestionable credit , speaks home to all four . he tells us , that the whole senate pressed augustus , by earnest entreaties , to take the soveraign authority of the empire to himself . tiberius was likewise made emperor by the importunity of the senate , and consent of the people . caligula and claudius had the same charter for their authority : for as the same author informs us , they received the empire by the choice of the senate , and army . i might cite suetonius , who is full to the same purpose , were not what is already alledged sufficient for the point in hand . however there is one thing in cassius very remarkable , which shews how comprehensive and absolute the emperor's power was . for all other great branches of authority which lay before dispersed in several offices of state , were annexed to the imperial dignity . the emperors used to be consuls , tribunes of the people , high-priests , censors ; and out of the iurisdiction of the city , they are called proconsuls , and are legibus soluti , i. e. above the punishment of the laws . now if the senate and people , who had the right to dispose of the roman government , resigned themselves and their authority into the emperor's hands , what should hinder the title of these princes from being unquestionable ? nothing can be plainer than that as bodin affirms , the people may give away all their right to govern if they please . and adds agreeably to the foregoing testimonies , that the lex regia was understood in this sense . this is so evident that the doctor himself is forced to confess it , though in lame imperfect language . the emperors he grants did gain some kind of consent from the senate . and if their consent was once gained , it 's to no purpose to object the indirect methods of obtaining it ; for allowing it was extorted by fear , or flattery , or other arts ; this is not sufficient to null the translated authority . that when once resigned is past recall . it being than too late to plead that a man was wheedled , or frighted out of his consent . this the doctor very well understood , and therefore tells us that the romans themselves were great usurpers ; and therefore i suppose had no right to translate . but this objection i have already answered in the dispute concerning the convocation-book . and since the then present powers were legal powers , the apostles direction was very significant to christians of other ages ; from which they ought by parity of reason to conclude it was their duty to submit to none but lawful governors . what he urges from scripture of the jews being bound to submit to the four monarchys has been considered in the foregoing section : as for his saying they were manifest usurpations ; and yet set up by the council and decree of god ; and foretold by a prophetick spirit : this comes short of the case , unless he has any prophesies to produce in behalf of the revolution . besides his argument proves too much ; which is a sign it 's of kin to the emperor's titles stark nought . for our blessed saviour's passion was decreed by the counsel of god , and foretold by prophecy ; and yet i conceive the doctor is not so hardy as to affirm , the iews and romans had a divine right to crucify him . but we have no example in scripture that any people were ever blamed for submiting to the present powers , whatever the usurpations were . to this it may be answered . . there are a great many actions in the history of the scriptures unquestionably unlawful ; which notwithstanding are mentioned without any censure upon them . thus neither noah , nor lot , are blamed for their intemperance ; nor rebeckah , for teaching iacob to gain his father's blessing by deceit : and to come nearer the point , absalom is not directly blamed for rebelling against david ; and will the doctor conclude from hence , that lie did well in it ? the reason why the scripture does not condemn every irregular practice is , because it supposes men endowed with principles of natural religion and morality : which teach them to distinguish between good and evil ; and that they are to take their measures of virtue and vice , from the rules of reason and revelation ; not from precedent and example . . we may observe , that in the usurpation's upon the kingdom of the ten tribes , it was the custom of the usurpers to destroy the family of their predecessor : and when there is no competition from a legal claim , possession is a good title . and therefore it 's no wonder the israelites were not blamed for submitting to the present powers ; for in that case they were legally established . and as for the house of david it was never set aside by usurpation till the time of athaliah . now after iehoiada had discovered that their legal soveraign ioash was living ; i desire to know of the doctor whether the iews were bound to submit to athaliahs government , or not . if he says , yes . he not only condemns iehoiada for deposing athaliah ; but makes the divine entail upon davids family , upon which he lays so much stress , signify nothing . if he says , no ; he gives up the argument : for then we have undoubted principles of scripture ; which condemn a submission to usurpation ; which are much safer rules , than examples for conscience to rely upon . the doctor proceeds to prove that obedience is due to usurpers when they are seized of the administration of the government ; from our saviours answer to the pharisees and herodians concerning tribute mony , render to caesar the things which are caesar's . before i give a distinct reply to this objection , it will not be improper to consider the occasion of the text : now we are to observe that the pharisees and herodians , enquired of the lawfulness of paying tribute to caesar , not out of a desire of instruction from our saviour but to entrap him . they proposed an ensnaring question concerning tribute ; a plain catagorical answer , to which they knew must of necessity provoke either the roman , or the pharisees party against him . this our blessed saviour calls an hypocritical tempting of him . and since the time of his passion was not yet come ; we may conclude he intended to avoid the danger of the question ; not by declining it , but by giving an answer of an obscure and uncertain sense . upon which no charge could be grounded , because of its ambiguity . this the proposers well understood ; they knew they could not fix any determinate meaning upon our saviour's words , which made them marvel at the prudence of his answer , and leave him : whereas had he plainly resolved the question either way , they had gained their intended advantage upon him : and since there was a designed obscurity in our savior's answer , as being most proper to secure himself ; and to discourage the malice of those who came to entangle him ; it 's unreasonable to draw any conclusions about government from thence ; especially such , which not only contradict other plain places of scripture , but are repugnant to the notions of common justice and the sense of mankind . having premised this i answer , . that the doctor by this argument of tribute should have come in to the revolution when the new money was first coyned ; as he has been told already . . caesar as i have proved was the lawful prince of iudea ; and the right owners of the soveraignty , as well as the jewish nation , had submitted to him . and since he was not only possessed of the government but of the title to govern , the right of coinage belonged to him ; and when this prerogative of royalty was produced by the pharisees , it 's no wonder to find his right to tribute inferred from thence . the doctor urges , that our saviour's argument relies wholly on the possession of power . and if this be a good reason , it 's good in all cases of possession . say you so sir ! then athaliah ought to have been obeyed notwithstanding ioash his title ; if she could have kept the mint , and the power in her hands . now if this be not true , as the doctor must grant , then our saviour's argument does not rely wholly on possession , but upon right to possession . for that the divine entail of the crown upon david's family does not make the case exempt , and particular , has been shown already . . we are to observe , that our saviour left the civil rights of society in the same state he found them . he did not intend to alter the laws of common justice , to weaken the titles of princes , and put them into a worse condition then private men. so that if according to the principles of reason , and the laws of particular kingdoms , whoever has a right to the crown ; ought to have the obedience of the subject ; we cannot conclude our saviour's answer has made any alteration in the case . . if the royal image and superscription always supposes possession , and infers obedience , his majesty at st. germains is still the doctor 's soveraign ; and he ought to have continued his submission to him , till his money had been cryed down . and which is more surprizing , the subject must be bound to two opposite and contrary allegiances as long as the coin of the two contesting princes is currant among us ; which the doctor owns to be an impracticable absurdity . what he observes concerning the prophesy of the four monarchies not being at an end , is somewhat surprizing . all people agree , that the roman monarchy has the last of the four , and that has had its period long since . now it 's a little strange that events should be foretold concerning things that are not ; and that the prophesies concerning the four monarchies should extend to greater lengths of time , than the monarchies themselves . but what if the four monarchies were not at an end ? must we comply with all successful disorders , under pretence of fulfilling prophesies , though we neither know their meaning , nor the time of their accomplishment ? does god need the wickedness of men to bring his own counsels to pass ? doubtless he who has omnipotence in his hand , can change times , and seasons ; set up kings , and remove kings , as in his wisdom he thinks fit ; without obliging the subject to break the laws of their country , and to fail in their allegiance when it 's most needed . god , in whose hand are the hearts of kings , who has the disposal of life and death , of the passions and tempers of men , may change his representatives as often as he pleases ; without pitching upon such methods which without a revelation , must of necessity in a great measure confound the notions of right , and wrong ; encourage violence , and weaken the good correspondence ; and mutual securities between king and people . but the continuation of the doctor 's reason for compliance , is still more extraordinary , viz. under the fourth monarchy the kingdom of antichrist is to appear , and the increase and destruction of the kingdom of antichrist is to be accomplished by great changes . and are we obliged to comply with every revolution , to swim down every tide of state , for fear the kingdom of antichrist should not increase fast enough ? are we as much bound to support violence , and clap justice under hatches ; as the iews were to obey the express orders of the prophet jeremiah ; only because the doctor fancies , the prophecy of the four monarchies is not at an end ? if this be not enthusiasm , which the doctor denies ; pray god it be not something worse . but to consider his argument more fully , i must go back to his th page , where he gives in his reasons to prove , that now god governs the world , removes kings , and sets up kings , only by his providence . by which he means nothing but force and success ; let the means by which they are gained be never so unaccountable . these advantages though they come from hell , are always attended with divine authority , and draw the allegiance of the subject along with them . and because soveraign and rampant wickedness sounds but harshly , and is very unlikely to have the entail of all these priviledges , he gilds it over with the pompous name of providence . this , he says , is god's government of the world by an invisible power : whereby he directs , determines , and over-rules all events ; in distinction from his more visible government , by oracles , prophets , &c. so that now it seems neither scripture , nor law , nor reason ; signifie any thing towards the stating the right of kings , and the obedience of subjects . no : we must submit to the infallibility of the sword , which is the only proper judge to decide all controversies of state , ( and why not of religion too . ) we must conclude , that all civil confusions , all publick injustice , though never so horrid , is directed by god almighty . and all events , how impious soever they may be in their causes and consequences , are determined and over-ruled by his providence . to fortifie this extraordinary position , he attempts to make god's permissions and approbations the same , as to events : though the distinction between these two , is both necessary , and generally acknowledged . but to make god , as the doctor does , the author of all the good or evil which happens either to private persons , or publick societies , is an untrue , and dangerous proposition . for first , it 's a contradiction to plain scripture . secondly , it makes god the abetter and maintainer of sin. thirdly , it destroys the notion of his patience . . it 's a contradiction to plain scripture . for though the doctor affirms , that the scripture never speaks of god's bare permission of events ; these following citations , not to mention any more , will shew he is mistaken . for don't we read that the devils besought our saviour that he would suffer them to enter into the herd of swine , and he suffered them ? now by the doctor 's principle , our saviour must either have forced the devils into the swine , or at least have raised their inclination to enter , and concurred with it . but the scripture speaks no such language . it affirms no more than a bare permission of the devil's malice . another proof to confirm the distinction between what god does , and what he permits , as to events , may be taken from acts . . where god is said to suffer the manners of the israelites forty years in the wilderness . he did not , as the doctor 's proposition supposes , direct them in the making of the golden calf : he did not determine their idolatries , nor over rule them into all their murmurings and disobedience . farther , was not the destroying iob's cattle and servants , and the afflicting his person , an event ? and will our author say , that all this was brought to pass by the influence and direction of providence ? and that the devil would not have used iob thus hardly , if he had not been over ruled by god almighty ? i am sorry the doctor should support his new scheme of government with such divinity as this . . to suppose no distinction between what god permits , and what he does , with respect to events , destroys the notion of his patience . for patience supports aversion or dislike , to things or persons : but no omnipotent being can be said to suffer , or be displeased , with those events which he promotes , and brings to maturity and effect . it 's unintelligible sense to say , god bears with his own decrees ; and suffers those things which he determines and over-rules . . this opinion makes god though not the first contriver , yet the abetter and maintainer of sin ; as will appear if we consider the plain english of directing , determining , and over-ruling an event . to direct an event , is to put it into the road of success . and he that does so is an accessary to it , and a party to the quality of the action . to determine an event , must be nothing less , even in the author's sense , than a divine decree that such things shall come to pass by the help of fixed , and particular , means and circumstances . and therefore the commendation or blame of the action must belong to him by whom they are appointed . lastly , by over-ruling an event , the doctor must mean a change , either in the circumstances or success of the action ; by which it is diversified from what it would have been , had it been left to the conduct of inferior agents . and then by consequence if the event is accomplished by ill means , the over-ruler is accountable . for his interposal has distinguished the kind of the event ; and given life , and form , and complexion to it . god indeed does sometimes over-rule events ; i. e. he restrains the wickedness of men , and hinders them from doing so much mischief as they would do otherwise : but to affirm , that he prompts them to the violation of his own laws , and inspires them with courage and conduct to be successful in disloyal and treasonable enterprizes , is very singular doctrine ; and has been seldom thought proper to explain any part of the unsearchable wisdom of providence , till the disturbances under king charles the i. and cromwel's usurpation . i confess in those times this doctrine of providence was very much in vogue . and that the doctor may not seem to argue without precedent , i shall quote some of the learned in rebellion for his opinion . . the prentices and porters ( as palmer has it ) were stimulated and stirred up by god's providence to petition the ( rebellious ) parliament for speedy relief . cockain , in his sermon to the commons , discoursing concerning the king of syria's coming against israel , and being taken prisoner , makes this inference ; viz. that the mind of god was ( which he discovered only by that present providence ) that justice should have been executed upon him . this passage he applies to encourage them to the murther of the king , who was then in their hands . some persons ( says the sufferers catechism ) may be stirred up to do some things , which are not in themselves so just and seemingly warrantable , ( at least in all circumstances ) which yet the over-ruling hand of god may be in ; as in moses killing the egyptian . the next testimony is dr. owen's , which to give its due is very moving , and had without doubt a considerable effect upon the army saints . where is the god of marston-moor , and the god of naseby , was an acceptable expostulation in a gloomy day . o what a catalogue of mercies has this nation to plead by in a time of trouble ! god came from naseby , and the holy one from the west . selah . ienkins in his petition , is no less full to the doctor 's purpose ; for , without mincing the matter , he does not stick to affirm , that a refusal to be subject to this authority , ( i. e. to the rump and cromwel ) under the pretence of upholding the title of any one upon earth , is a refusal to acquiesce in the wise and righteous pleasure of god. the same doctrine you may find , in his conscientious queries . milton , in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , speaking in justification of the king's murther , tells us , that god has testified by all propitious and evident signs ( that is , by over-ruling events ) whereby in these latter times ( instead of oracles , prophets , or express significations of his will ) he is wont to testifie what pleases him ; that such a solemn , and formerly unexampled act of due punishment , was no mockery of justice , but a most grateful and well-pleasing sacrifice . let ienkins speak once more for the cause . he delivers himself thus : god's providence , that is , his permission of events , and success , are antecedent declarations of his good will , and approbation . which comfortable doctrine he applies to the commonwealth . to conclude . saunders is admirable in his descant upon rom. . . where within the compass of one single question , he determines the great dispute on the doctor 's side , there is no power but of god. is not , says he , the late king , with his heirs and successors , dispossessed by god ? besides , he has several other choice observations . for he founds authority in providential power . he answers the objection concerning athaliah the doctor 's way . he quotes his texts of scripture to the same purpose . and presses obedience to the common-wealth , from their having the administration and force of the kingdom in their hands . thus i have given a small catalogue of the doctor 's worthies ; these are the chariots of his israel , and the horsemen thereof . and were i not reasonably assured that the doctor is both well inclined , and furnished , for this argument ; i should suspect he had borrowed some of his artillery from the authors abovementioned , their thoughts , and even their expressions being so like his own . what the doctor urges upon this occasion in pursuit of his point , is as remarkable as any thing we have had yet , viz. god permits men to do wickedly , but all events which are ; for the good or evil of private persons , or publick societies , are ordered by him . he permits men to do wickedly , &c. now one would think we had gained a distinction of the usual latitude from the doctor , between what god does , and what he permits . for permission signifies a liberty of action . and where there is such a freedom , it 's a contradiction to say , the agent is determined by any superior power . and if the agent is free , the action or event must be so too . for an event is nothing but an execution and train of actions . no : the doctor will tell you , that events ▪ notwithstanding are ordered and over-ruled by providence . that is , though god permits them to do wickedly , yet all events , i. e. every thing they do is over-ruled by him . which is in other words , to affirm that liberty , and force , or necessity , are the same things . if the doctor meant nothing more by god's ordering events , then that by his wisdom he draws good out of evil ; and makes the wickedness of men tend to the promoting his own glory , and the happiness of his servants . this construction would be orthodox and intelligible ; but then it will do him no service . this sense will give no divine right to rapine and robbery . nor set providence at the head of every usurpation . this the doctor knew very well ; and therefore enlarges his principle accordingly . but with what reason , and consistency the reader may judge . as for the text which he cites from amos , shall there be evil in a city , and the lord has not done it ? this place is meant only of the evil of affliction , and therefore is foreign to his point . it does not make god the patron of injustice ; nor imply his over-ruling men into wickedness . if we had no authority on our side , common sence ought to make us avoid such an unaccountable interpretation . for the scriptures ought not to be so expounded as to contradict the natural , and unquestionable notions of the divine perfections . this is the reason those expressions are counted figurative which attribute hands , and eyes , and other corporeal parts and affections to god almighty . now men had better degrade him to the littlenesses of body ; than make him a party in unjust undertakings . for natural imperfections are a far less blemish to a rational being , than those which are moral , and though the forementioned sence is sufficiently confirmed from the reason of the thing ; it may not be improper to produce the concurrence of some of the antient and modern interpreters . st. hierom tells us : that the evil which the lord does in the city , is not contrary to virtue , but imports affliction and calamity ; in which sence we read , sufficient for the day is the evil thereof . i. e. the hardship and tribulation . let us take an instance from the prophet ionah . and g●d saw their works that they turned from their evil way ; and god repented him of the evil that he said he would do unto them . whereby evil is only meant the threatned destruction of niniveh : not any thing which carries an opposition to probity , and virtue . st. cyrill of alexandria speaks to the same purpose . by these words we are to understand some evil in the city proceeding from god almighty ; but not with any resemblance to wickedness . god forbid ! no. the phrase is to be expounded of afflictions ; and the judgments of god ; which he sends for the reformation of sinners . to come nearer our own times . drusius observes that evil imploys the evil of punishment , as the school-men speak , and signifies vexation , trouble , and calamity ; in this sence god is said to create evil. calamity is in it self no evil , but is so called because it seems such to those who undergo it ; or because that which is against the grain of a man's inclination may be called evil. episcopious agrees with drustus , his words are these . as touching physical evils , which are only misfortunes or inconveniencies to particular persons , these in strict speaking are no evils : and therefore they may without doubt be the objects of god's will ; so that he may either send them himself , or suffer them to be inflicted by others . — and afterwards towards the close of the argument he cites amos . . in confirmation of what he had said . if the doctor replys upon these expositors , that , afflictions are not only sent by the immediate hand of god , but occasioned by wicked men ; who often cut off malice , covetousness , or ambition ; defame , circumvent , and oppress their neighbours ; from whence it will follow that if god is the authour of all the evil of affliction , a great many immoral actions must be over-ruled by him in the doctor 's sence . to this the answer is plain : those calamities which are inflicted by wicked instruments , providence is no otherwise the authour of , than by permitting them . he may be said in a qualified , figurative sense to do that , which he does not hinder by his omnipotence : but to affirm more than this , that he either excites ill men to engage in unlawful enterprizes ; or assists them in the execution ; is to charge him with unrighteousness ; and makes him partaker of their sins . and if such assistance is never given ; it 's neither true , nor over pious , to say that all events though begun and prosecuted by never somuch villany , are determined , ordered , and made successful by him . well! though the doctor have lost this point , he has another reserve behind . for , says he , if there were any such distinction as this , that some events god permits only ; and some he orders and appoints : yet we ought in reason to ascribe the advancement of kings to god's decree and counsel , because it 's a principal act of providence ; and if he decrees and orders any events , he peculiarly orders such events , as will do most good , or most hurt in the world. to this i answer : . that god does not chain up the liberty of mankind with respect to any sin ; but permits them to do wickedly one way as well as another . and therefore it 's no wonder to see rebellion succeed sometimes . but then we must no more impute such wickedness as this to his decree , then private murther , or adultery . . since kings are god's ministers , as the doctor observes , and their advancement is a principal act of providence , we may conclude that god has not put them into worse circumstances than other men : that he does not allow violence to devest them of their authority . that he has secured their royalty to them ; not only by the common laws of justice and property , but by the indispensible tyes of allegiance . and not left them to the courtesie of their subjects , to be set aside according to the discretion and conscience of phrenzy , atheism , and ambition . such a liberty as this would make the doctor 's great wheels of providence jolt into disorder , like those of phaeton's chariot , and be ready to set the world on fire at every motion . as for his saying , god must order those events which will do most good or harm in the world. i will only ask him , what he thinks of the rebellion in heaven ? that was a very memorable event , and the occasion of as much good and harm in the world , as any he can almost imagine . now did god raise a commotion in his own kingdom ? did he order and decree the revolt of those glorious spirits , and over-rule them into damnation ? however we can't but think god will exercise a particular care in appointing his great ministers . right ! but usurpers are not his ministers . a bare advancement to the throne invests a man with god's authority no more , than taking a purse gives him a right to the money . none can have god's authority but by legal claim , immediate designation , or vacancy of right . and therefore god neither gives his authority to usurpers , nor permits them to take it . the doctor goes all along upon a mistake , as if force and authority were the same . he might as well have said , there is no difference between violence , and justice ; between reason , and a whirlwind . does the authority of a father last no longer than the children are pleased to obey him ? and have they a right to his house as soon as they can turn him out ? is a wife bound to entertain an husband de facto ? now if the priviledge of fathers and husbands holds in case of dispossession , why not that of kings ? why should publick authority , upon which the common security depends , have a less firm establishment than that of single families ? if private disobedience can't challenge a divine right to govern upon success , why should a national rebellion pretend to it ? he goes on to acquaint us ; that to give authority to a man does not signify to permit him to take it . and that no man can have god's authority , but he to whom it 's given . by which it 's plain , he means that no person can be vested with god's authority , barely by his permissive will ; but that consent and approbation is always implied . but this proposition is not only foreign to his point , ( because usurpers have no authority from god either one way or other , ) but is likewise untrue and dangerous . for suppose an eldest son murthers his father privately ; in this case it must be granted he has god's authority to possess his estate , and to govern the family , for he who has a legal claim , has by consequence a divine one ; all humane laws being ultimately resolved into the divine warrant and appointment . but then i conceive the doctor wont say this unnatural murtherer has god's authority in the family any other ways than by bare permission . god indeed suffered him to murther his father , as he suffers all other wickedness . and because the murther was secretly committed , the villany turns to advantage , and the party becomes master of his father's fortune . but to say that he had god's consenting authority in this matter , would sound very harshly ; and amounts to no less than god's approbation of parricide . for he who absolutely approves the end , without any regard to the lawfulness of the means , must consent to the means though never so unlawful . and to apply this remark : an usurper , when the royal line is either extinct or surrenders , comes by god's authority the same way with the forementioned murtherer . the next rub the doctor casts in the way is , that unless we take our governors as they rise , without minding their titles , we shall not be able to distinguish those god permits only , from those he appoints . now this difficulty is easily removed : for the constitution of each particular country will inform us who governs by permission , and who by appointment from god almighty . the laws of succession , &c. were made for this purpose , and to prevent usurpation . so that there is no need of the doctor 's expedient to teach us to distinguish between god's king , and those who would be so , of their own making . we need not be at a loss whom we must obey out of conscience , and whom we must not obey ; for we have the direction of law ready to inform us : the same direction which there is in private cases , to know the right owner from an intruder . he comes on with the repetition of his former extraordinary doctrine ; that by what means soever a prince ascends the throne he is placed there by god as truly as if he had been nominated by him , and anointed by a prophet . so that cromwel was as much god's vicegerent as david ; and if so , our laws are very much to blame for attainting him of treason , and exposing him to ignominy after his death . however the doctor is sure god never suffers a prince to ascend the throne but when he sees fit to make him king. no! does god suffer nothing but what he sees fit to be done ? does he not suffer all the wickedness which is committed , for no man can do an ill thing whether god will or no ? and will the doctor take the freedom to say , that god sees it fit and convenient that men should be unjust , and lewd , and atheistical ; that they should disturb the world , and damn themselves ? such practises as these certainly can never gain the approbation of the divine wisdom , nor seem agreable to his goodness . his fourth proposition gives us another admirable piece of politicks ; viz. all kings are equally rightful with respect to god. why so ? because it 's impossible there should be a wrong king , unless a man could make himself king whether god would or no. nay then farewell all property ! for by the help of this logick i will prove there can be no such thing as cheating , stealing and oppression in nature . the argument lyes thus ; all possession is rightful with respect to god , for it 's impossible there should be a wrong possessor , unless a man could make himself master of his neighbour's goods whether god will or no. this is comfortable doctrine for the gentlemen of the high-way ; and were it admitted , would serve to plead off their indictment ▪ but if this plea should fail , which is not likely , the doctor can reinforce them with another . for he has told us , that all events which are for the good on evil of private persons are ordered by providence . now is not the taking a purse , or stealing a man's cloaths , an event ? doubtless it is ; and sometimes very much for the evil of him who looses them . such events as these have been very frequent since the doctor 's book came out . but why he that stole these goods should be bound to make restitution , except in point of generosity , is past my skill to understand . for if god orders a man a sum of money , it 's certainly lawful for him to keep it . his fifth proposition affirms , that god is not bound by humane laws . true : but if men are , it 's sufficient for our purpose . for we are not disputing about god's prerogative , but the duty of subjects . however , may not god make whom he pleases king without regard to legal rights ? no doubt he may : but then we are to observe , that every thing which is done is not of god's doing . and the apparent injustice of an action , is a very bad argument to prove the righteous god had a hand in it . 't is true , god is the chief proprietor of all things ; but it does not follow from hence that whatever a man can catch is his own . if the doctor has no supernatural credentials to produce , he must be contented to let the common laws of justice take place : unless he has a mind to cut the sinews of all property ; and in a great measure to destroy the nature of right and wrong . his sixth proposition says , we have but one king at a time ; which is a good hearing , were it not misapplied in his seventh , where he affirms , that king is the name of power , not of meer right . which assertion is not only contrary to the common notion or justice , but to the language of our own laws . in which the lancastrian princes , who though for kings de facto had several peculiar advantages ; such as a formal resignation of the legal king ; a long silence and interruption of claim in the right line , which must occasion perplexity of title when revived ; yet these princes are called pretended kings ; and henry the vi. though the third monarch by successive descent , is called an usurper ; and said to be rightfully amoved from the government . so little was our author's doctrine of providence and events understood in those days . there is something behind in this proposition which is worth the having , and that is this ; he who has a legal right to the crown , but has it not ; ought by the laws of the land to be king , but is not . the laws of the land are the measure of all property ; so that whatever estate , title , or jurisdiction the laws give any man , they ought to be acknowledged his own . he that has a clear indisputable title to an estate , is nevertheless a proprietor ▪ for being disseized : and all persons concerned ought to endeavour to give him possession . the doctor 's next business is to avoid the charge of hobbism , which he had reason to apprehend would be objected against him : let us see how he clears himself from this imputation . why he says mr. hobbs makes power , and nothing else , give right to dominion . and pray does not the doctor do the same ? i am much mistaken if this be not the design of his whole book . no , the doctor will tell you , that mr. hobbs found god's right to govern the world in his omnipotence : whereas he makes him natural lord of the world , because he created it . under favor , we are not disputing god's title to govern , but man's ; which i 'm sure the doctor grounds solely upon power , as much as mr. hobbs . however i desire to be resolved this question , would god have a right to govern the world if he was not omnipotent ? if he would , then right ought to carry it against power ; which is the thing i am contending for . if he would not , then his dominion depends upon his omnipotence ; and so the doctor and mr. hobbs are perfectly agreed . the connex●on of the doctor 's consequences are somewhat remarkable in this paragraph ▪ god has a right to govern the world , because he made it no creature has a right to govern any part of it , but as he receives authority from god. thus far all is well , but observe what follows . therefore since power will govern ; god always gives soveraign authority to the man who has soveraign power . therefore since power will govern . wherefore will power ( humane power ) govern ? because god made the world. these two propositions will want a great deal of cement to fasten them into any coherence . what! will power govern whether god will or no ? that were hard indeed . will it govern right or wrong ? most certainly . and since it 's such a righteous quality , god always rewards it with his authority . that is , since ambitious men will usurp upon their neighbours dominions ▪ since there will be sometimes a general revolt from lawful governors , and a prince has not personal strength enough to manage his rebellious subjects , therefore that such unjust and treasonable enterprizes might not be disturbed in their success , god always gives the engager his authority to settle and confirm them ; which is no doubt an extraordinary encouragement . and by parity of reason may we not say , that since god knows men will steal , and commit adultery ▪ therefore if they are strong enough to get their neighbors goods and wives into their possession , they have a divine right to keep them : for why a lesser sinner should be denied the security of god's authority , when it s granted to a greater , is somewhat difficult to understand . for all this the doctor will have it that power does not give right and authority to govern ; though his reason for this assertion is a demonstration of the contrary . for he affirms that power is a certain sign that god has given the authority where he has placed the power . now , if power be a certain sign of god's authority , then god's power and authority are inseparable ; and we may infallibly conclude the former from the latter . and if power be an invincible argument to prove the concurrence of god's authority ; then right if god's authority can give any ; may be demonstrated from power : and if a right to govern is demonstrable from power , then power must give a right to govern . 't is true the doctor denies power this priviledge in the case of antiochus ; but this proves no more than a contradiction of himself . but because the doctor seems somewhat shy of mr. hobs's company : i shall endeavour to make them a little better acquainted . first , they both agree , as we have seen , that dominion is founded in power ; which is a fair step towards a good correspondence . to go on . mr. hobs owns , that the right of the sovereign is not extinguished by a prosperous invasion , or rebellion ; yet the obligation of the members ( the subjects ) is . and does not the doctor say the same in other words ? that notwithstanding the legal right of the dispossessed prince continues , our allegiance is only due to him who has the actual administration of sovereign power . mr. hobs says , the obligation of the subject to the sovereign , is understood to last as long , and no longer than the power lasts , by which he is able to protect them . now it will be hard to find any difference between this maxim , and that which follows of the doctors . the preservation of human society ( right or wrong , for he takes care not to distinguish upon the means ) is the ultimate end of government ; and will justifie whatever it makes necessary . and elsewhere ; i believe no man in his wits would take an express oath , to follow his king into banishment , or venture being hanged at home . again , mr. hobs pronounces , that he who wants protection ; may seek it any where , and when he has it is obliged to protect his protection , as long as he is able . and what does the doctor come short of this liberty , in averring , that we ought in duty to swear to live peaceably under an unlawful government . that we ought to give him whom we believe to be an usurper , the title of king. to pay him taxes , and pray for him , because we owe the secure possession of our estates to his government . and can the doctor find in his heart to quarrel with mr. hobs after all this harmony in opinion ? i hope the moral resemblance between them , will make him kinder for the future . after the doctor has argued thus vigorously for power ; one would think he might give up his notion of legal right . however he is resolved to keep it against a rainy day ; and attempts to answer an objection against its significancy upon his principles . he tells us , legal right bars all other human claims . no other prince can challenge the throne of right . ( which , by the way , is a great commendation of him that keeps it wrongfully . ) the doctor 's legal right puts me in mind of epicurus's deities ; whom , for fashion sake , he supposed to exist ; but gave them such a slender constitution , that it was impossible for them to hold out against the least rencounter of his atoms . just so kind is the doctor to a prince , whose title stands upon the fundamentals of the government . for what does this legal right signifie ? are the subjects bound to restore him ? no. this would oblige them to two opposite allegiances . are they at liberty to stand neuter ? not that neither . for allegiance signifies all that duty which subjects owe to their king. and if this , as the doctor affirms , falls all to the share of him who has the actual administration of government . i 'm afraid there will be but little left for the other . and as if all this was not sufficient to mortify his legal prince ; he musters the laws , and lawyers against him : and says , it s a very wise constitution which obliges us to pay our allegiance to a prince who is not the legal heir , i. e. to an usurper . and the reasons and order , and necessity of government require it . the reason and necessity of government is a very serviceable principle to the author ; whether he does not misapply and overstrain it , shall be farther examined afterwards . at present i shall only desire to be informed of the doctor , whether it 's any part of the business of reason to do an unreasonable thing , what necessity there is to destroy justice , and establish a revolt ? indeed if there was a law that a king should forfeit his kingdom , as soon as the disobedience of his subjects should oblige him to retire ; though the singularity of such an act would be amazingly remarkable ; yet it would not be absolutely unintelligible . but this is not the case : for both the doctor and the dispute , supposes that the king 's right continues after he is dispossessed . now this is that which makes it superlatively wonderful : his right continues in full force ; and , yet as far as the laws can provide , he is barred from all possible means of recovery . for , it seems , the subjects are bound to stand by the usurper ; and to distress , and fight the king de iure , if he offers to regain that which they own belongs to him . he has a right it 's granted as much as ever ; say you so ? then , i hope , it 's to govern ; and if so , his subjects are bound to re-establish him . hold there , cries the doctor ! they are bound to stand by the usurper . i confess i always thought , that if a king had a right to the crown , the subjects were obliged to pay him allegiance . right one would think should relate to something : for to have a right to nothing , is to have no right . but the see improvements of time ! here we have a right without a property ; a king without a subject . one who has a legal right to govern ; and yet all the kingdom has a legal right , and a legal duty to kill him if he goes about it . thus the doctor makes the laws fall foul upon each other : and gives the people a legal right to oppose a legal right in the crown . which is somewhat a plainer , though not a truer contradiction , than his bringing in a divine , and a legal right , clashing with each other . for here the repugnancy lyes in the constitution , so that the word providence , which uses to be so serviceable , can give him no assistance . in short , to tell a man he is a king , and yet to assign all his subjects over to another , and to barr him all possible means of recovery ; is such a jest of iniquity , and supposes the legislators so incomprehensibly singular and unreasonable , that for the credit of our countrey we ought not to interpret the laws in such a wild sense . if the doctor had a mind to turn st. stephen's into bedlam , and make the nation mad by representation ; he could scarcely have gon a more effectual way to work . to conclude this business ; if the subjects are obliged to defend an usurper in possession , as much as if he was their rightful prince ; i would gladly know what priviledge the one has above the other ? i grant the doctor allows the dispossessed legal prince a right to make war upon the usurper . but then as he has ordered the matter , he can have none of his subjects to help him , but those he brings along with him : besides this principle gives two contending parties a right to the same thing ; and makes a war justifyable on both sides ; which is something more than usual . in answer to a second objection , he observes , that an oath of allegiance can oblige no longer than the regal character continues ; which is most true . but his inference concerning the grounds of the oaths being removed , is altogether inconclusive . for where the crown is settled upon hereditary right ; and fortifyed by irresistable authority : there the king must necessarily continue in being , as long as the man : because the subjects can have no power to call him to an account , or displace him . the doctor encounters a third objection , but with the same success . the objection is , that we swear to defend the king 's right , and the right of his heirs , &c. to which he returns . that we dont swear to keep them in the throne . right ! for some mens practises would make one believe we swore to throw them out , as soon as we had an opportunity . but the keeping our prince in the throne is sometimes impossible for us to do against a prosperous rebellion . does it therefore follow that we must joyn such a prosperous rebellion ; and support it with our interest ? is it the meaning of the oath , that we should desert our prince in his distress , and refuse him when he has most occasion for our service ? if subjects should swear with such declarations as these , there are few princes would thank them for their solemn security . i grant it 's sometimes impossible for us to keep our prince in possession , against a rebellion . but certainly we ought not to follow a multitude to do evil. we ought to stand upon the reserve , and not fortifie the rebels by our revolt . soldiers don't swear , that they will always get the victory ; for that may be out of their power . but if they endeavour to debauch the fidelity of the army , and make seditious harrangues to defame the general , they very much misbehave themselves : much less is it agreeable to change their sides upon the loss of a pass , or a battel . 't is true , upon the prospect of an exchange , they may sometimes submit to be made prisoners of war : but if their surrender will not be accepted , without translating their allegiance ; they ought rather to carry their honour and honesty into the other world , than take their life upon such scandalous conditions . to this firmness in loyalty , not only christians , but heathens , upon whom virtue and bravery had made any considerable impression , always thought themselves obliged . what the doctor adds in this place , concerning his providential kings , has been sufficiently taken notice of already . thus i have done with his propositions ; which , thô i think some of them a great deal too plain , yet i cannot perceive they carry any evidence with them to the author's advantage . his doctrine , that different degrees of settlement require different degrees of submission ; is such a masterly stroke in politicks , that i think in this paragraph he may be said to have out-done himself . such a posture of affairs seems to require , at least to justifie , such a qualified submission . but , . this is a needless distinction . for such a limitted compliance cannot be justified , unless it 's required , i. e. unless 't is a duty to comply . the reason is , because no subject is independent of the constitution . he is not at liberty to qualifie his allegiance at his discretion , and to choose to submit to what governour he pleases . such a latitude would make subjection an arbitrary relation ; which the people might throw off at their pleasure . for if their private unauthorized will is sufficient to translate part of their allegiance , the whole must , by the same reason , lye at the mercy of their inclinations . thus much is granted by the doctor himself : for though at present he seems to make these degrees of submission no more than politick provisions , and a little ceremony to an approaching revolution ; yet when he comes to state the business , he calls them duties , and carves out several branches of allegiance , such as praying , paying taxes , &c. under the notion of an obligation ; which is a sufficient argument they are required to be done . . his proportioning submission to the degrees of settlement , seems in plain english no less than a license for men to turn , as the tide does ; to shake off all sense of honour and justice , when they are likely to prove expensive ; and to make an idol of interest . as if a man should say thus , look ye , gentlemen , things are so kindly ordered , and so fair an allowance is given ; that when you find a government going down , you may draw in your loyalty , and sink your allegiance . but pray take care you do it by degrees ; for if you are too quick , the king may recover , and you may live to repent it . so on the other hand , when you see rebellion in a thriving condition , and to have gotten the better of the laws , you must be sure to comply with the success as fast as it rises ; and follow it step by step , as it gets ground . by this means you will not fail to keep pace with providence . to sleep in a whole skin , and enjoy the secure possession of your estates . and if the new interest gains farther , and encreases into a full and plenary ( i. e. into a twice full ) possession ; and looks vertically upon you . ( at least as you fancy ; and if you are out , you must look to that . ) if it will not give you leave to stand between two governments any longer , but presses you to a final declaration , under considerable forfeitures , than you must come in with a full tide of duty , and fall to swearing as fast as you can . if the reader can make any other sense of this passage , i shall be glad of it : but , for my part , i think it paraphrased naturally enough . i shall now briefly touch upon the dutyes , ( and the reasons of them ) which the doctor says we ought to pay such a prince , whom we cannot think the providence of god has settled in the throne , i. e. whom we must believe , an unlawful prince . and here the doctor is very liberal . for , first , we must promise , swear , or give any other security , upon demand to live quietly , and peaceably under his government . but why his government ? when the doctor supposes he has no title either from law , or providence ? what reason has an usurper , who has neither humane nor divine authority , to make himself a iudge , and a ruler over men ? and if by the supposition the government does not belong to him , and he has no authority over the subjects ; upon what account are they bound to enter into engagements , and to give him security to establish his violence ? can the doctor deny that subjects are bound to assist their prince in all just quarrels ? if he cannot , by what law are they at liberty to swear a neutrality to the usurper , and to make themselves as useless to their prince , as if they were dead ? if they may renounce their active obedience , why not their passive too ? why may they not attack their lawful sovereign in the feild ; draw their sword against acknowledged justice ; and fire upon god almighty ? but what if the usurper won't let the subjects have the priviledge of their countrey without these conditions ? why then i desire to know whether they are not bound to follow their king into banishment ; or , if that liberty is denyed , to suffer whatever shall be put upon them ? a second branch of duty to an usurper ( who by his name has a right to nothing ) is paying of taxes . for , it seems , these are due for the administration of government , i. e. for medling with that which he has nothing to do with ; for seizing upon the revenues , and power , and jurisdiction , which the doctor grants belongs to another . this is great liberality in the doctor : however , it appears by what i have already proved , that he might have spared citing rom. . . to this purpose . but , it seems , it 's his way to bring in the apostles , as he does his kings right or wrong . there is another reason behind , viz. because we owe the secure possession of our estates to the protection of the government , let the government ( the usurpation ) be what it will , we ought to pay for it . that is , though lucifer were at the head of it , we ought to give him provender , and bring our money in the sacks mouth ? we ought to give a man money to secure our estates , though we know he intends to levy men with it against the decalogue , and buy powder and ball to shoot our parents . the primitive christians chose rather to lose their lives , than be at any expence towards the furnishing out the heathen worship : and if parricide , and regicide be not as bad as the worst idolatry , i have no more to say . if people may take this liberty to secure an estate ; i think they need not be very scrupulous how they get it . thirdly , we must give the title of king to an usurper when we live in the countrey where he is crowned : because this is a piece of good manners . it 's somewhat strange that the doctor , who in so many passages of his book , has used a certain prince at such an uncourtly rate , should be thus full of ceremony ; though , after all , i much question whether it 's any part of manners to give the king's title to an usurper , when we believe him to be such . an usurper , who has no right to the crown , can have none to the title of king ; for this is one of the crowns prerogatives . the royal style is for very good reasons an incommunicable indivisible right ; and cannot be given to another , without taking it from the true owner : and if stealing is breeding , it 's time to have done . this puts me in mind of what my lord bacon observes , concerning the giving wrong names to things which he terms idola fori , which he tells us , is one of the principal causes that sciences are so often disturbed ; and the understandings of men so much perplexed . and doubtless where the matter relates to conscience and morality , the dressing up an uncreditable character , in the habit of reverence and dignity , is very apt to draw a false idea upon the mind , and disorder the practise of the generality . and if the doctor pleases to look into the statute book , and parliament rolls , he will find our own legislators of the same mind . for there the three henrys of lancaster , though they had considerable advantages above other de facto men , are called pretensed kings , and their reigns usurpations ; and henry the fourth is styled earl of derby . the same cautiousness of expression we shall find in the case of richard the third , and lady iane grey ; who , notwithstanding their possession of the crown are attainted of high-treason ; and mentioned in the style of subjects . and if we consult the scripture we shall find the royal style never given to usurpers . for though asa's mother , and ester are called queens , notwithstanding the first was but dowager , and the other had no more than a matrimonial royalty : yet athaliah with her six years mis-rule is never allowed this title , either in holy writ , or by iosephus . i grant hushai , in his salutation of absalom , was a very mannerly person , and cryed , god save the king , god save the king : and told him moreover , that he was a providential monarch , and chosen by the lord , and all the people of israel . but then we are to observe , that hushai acted the part of a deserter all this while , and spoke the language of rebellion : but in all other places , where the history speaks the words of the inspired writer , absalom is never called king ; though david is mentioned , as such , when his fortunes were at the lowest ebb. if it 's objected , that absalom was not sufficiently raised for this title : i shall prove afterwards ( which at present , i desire the reader would take for granted ) that absalom had more advantages , than the present dispute requires : that he did not only administer the regal power , but was likewise settled upon the doctor 's principles ; and ought to have been entirely obeyed . if it 's said , that abimeleck is called king. i answer , that there was at that time no lawful prince dispossessed , and claiming against him : and therefore , though he unjustly seized the government ; yet since there was no rightful competitor , possession gave him a title both to the name , and thing . but to support an usurper in his majesty , the doctor says , he is king indeed while he administers the regal power . how can that be , when it 's supposed in the dispute , that he has neither legal nor divine authority ? fourthly , we must pray for an unsettled prince ; ( that is an usurper in his own sense ) under the name and title of king : why so ? because the doctor has lead the the way ? i wish that is not the main reason . however he gives two others . . because we are bound to pray for all in authority ; which is more than an usurper , especially in this condition , can pretend to : for to give him legal right , is a contradiction in terms . and as for divine authority , the doctor can allow him none of that , till he is thoroughly settled . his . reason why we should pray for him as king , is because he has power to do a great deal of good , or a great deal of harm . now upon this score we might pray for many more kings , than iulius cesar found in kent . there is a certain person that shall be nameless , ( for whom , i hope , the doctor does not pray under the title of king , ) who has it in his power to do a great deal of good , and in his will a great deal of harm ; as the indians are very sensible , and order their devotions accordingly . as for his direction , that we must take care to do it in such terms , as not to pray against the dispossessed prince ; it is contradictious and impracticable . for , first , this dividing our prayers between two contesting princes , is to split our duty into halfs , and obliges us to two opposite allegiances ; ( which he condemns . ) for certainly prayers for the king are one part of the subjects duty , especially of those of the doctors function . secondly , his advice is impracticable . for the proclaming him king to the people is a great injury to the dispossessed prince . and as the doctor well observes , his very possession of the throne ; and every act of authority he does , is against the interest of the king de iure . and therefore such a prayer cannot be justified , unless we pray to be rid of him . thus i have considered his main principles . the remainder of his book , being most of it consequences from these intermixed with repetitions , and naked affirmations , will go off with less trouble . he observes , that the taking away the distinction between rightful and usurped powers , gives the most intelligible account of the original of government . this he attempts by induction ; and endeavours to prove that government take it which way you will , is not to be explained upon a foundation of legal right . he begins with paternal or patriarchal authority . and says , that no man had authority , either to give it away , or usurp it . i easily agree with the doctor , that no man had authority to usurp paternal power , or any other : but why it might not be fairly parted with , is not altogether so plain . the doctor knows emancipation was frequently practised among the romans , and allowed by their laws . this was no other than a resignation of fatherly authority into the hands of the child . indeed , to chain a man thus inseparably to his right , is in effect to take away the advantage of it : for it bars him the liberty of disposing of his own ; and makes him a slave to that , of which he should be master . but suppose a father can't give away his authority ; i hope the doctor will permit him to leave it behind him , when he dyes . now this is sufficient for the patriarchal scheme : for by this hypothesis , adam , and the other patriarchs , who had sovereign dominion from god , left their jurisdiction to go by descent to their heirs ; who were lords , not only of their immediate brethren , but of all the remoter branches of the younger families . so that here is no need of the resignation of paternal power : for the successive conveyance of original authority , to the heirs , or reputed heirs , of the first head , is as much as this hypothesis requires . this is the substance of sir robert filmer's opinion ; and because the doctor has said nothing to confute it , i shall vindicate it no further . his next business is to shew how impracticable and precarious a government would be , if it was settled upon the choice of the people . now , thô i don't pretend to understand the doctrine of original contracts , yet upon supposition any kingdom was fixed upon this foundation , i can't perceive it would be so sandy as is pretended . yes ; if subjects give princes their authority , they may take it away again when they think fit . that is to say , after they have solemnly parted with their freedom , and resigned themselves up to the disposal of another , they may break their oaths and promises to god and man , and enfranchize themselves whenever the humour takes them . this is to out-do mr. hobs , who obliges his common wealths-men to stand to their pacts , when their words are once past . but there can be no irresistable authority derived from the people . why so ? may they not transfer their right to resistance , without any limitation of conditions ? this cannot be denied ; and if their liberty to resist is thus absolutely conveyed away , one would imagine they should be obliged to performance of articles . if securities depend only upon the inclinations of those that make them , the philosophers and divines have very much misinformed us . at this rate no man ought to trust another any farther than he can throw him ; and all society and intercourse must grow impracticable . the doctor pursues his point , and discovers , that a government must be res unius aetatis : for there can be no hereditary monarchy upon these principles of choice ; because one generation can choose for none but themselves : for what right had my ancestors to choose a king for me ? 't is well for the doctor 's ancestors , he did not ask them what right they had to be his ancestors ? such a question , for ought one knows , might have brought difficulties along with it . but , in answer to the doctor 's demand , i desire to know of him , whether our ancestors have not a right to govern us ? if they have , why may they not assign over their jurisdiction , and choose a governor for us ? by the doctor 's logick , we may refuse obedience to any law which was made before our own time : for if our ancestors could not possibly have any right to choose us kings , they could have none to choose us laws . his saying , one generation cannot bind another , is a manifest mistake , as the settlement of inheritances will inform him : i think he needs go no farther than a bond for his satisfaction . to come nearer the point , all the reverend judges , in calvin's case , affirm , that every subject , as soon as he is born , oweth , by birthright , ligeance and obedience to his sovereign . and if he owes this duty by vertue of his birthright , one would think it should be upon the score of his relation to his parents , whose act he is bound to stand by ; unless we can suppose he consented to the constitution in the state of preexistence . to put the matter beyond dispute , i shall produce a remarkable instance from scripture . it 's the case of the gibeonites ; who , notwithstanding they over-reached the children of israel into a treaty , by a false relation of their country , yet after the league was once made , the then israelites , and their posterity , were bound to observe it . and when saul , out of a zeal for the interest of his kingdom , made a slaughter of the gibeonites , god punished this breach of faith with three years famine ; and the gibeonites had satisfaction given them . we are now to examine conquest ; which he tryes to unsettle , by saying , if conquest gives a right , then the most unjust force is right ; and every one who is stronger than his neighbour , has a natural right to govern him . i confess these are sad stories , if they were true : but who may we thank for them , but the doctor and mr. hobbs ; who by founding dominion in power , have as much as in them lyes brought these consequences unavoidably upon us . his speculation about submission is somewhat surprizing : this he calls a forced and after consent to own him , who has made himself king. and affirms , by implication , that we might disown a prince who has thus scared us into subjection , were it safe to do so . that is , oaths and promises are not to be kept , though the matter be never so lawful , if we are put upon them against our will. this is strange casuistry , and if allowed would make wild work. for if an unwilling consent ( if one may speak so ) is a sufficient dispensation , it 's easie to pretend it in all cases ; which liberty would , in a great measure , destroy the securities of trust and commerce between man and man. his last effort upon legal government , is in these words . the continuance of an usurpation can never give a right , &c. a bad title can never improve into a good one , though it remains after the right heirs are extinct ; which is as great a paradox as any of the rest . for all mankind have hitherto agreed , that possession alone is a good title , when there appears no better . the reason of this universal maxim is plain . first , because no man ought to be molested in what he enjoys , excepting upon the plea of right : for he that disturbs a man without right , disturbs him without reason . but by the state of the case , no person has any right to molest the forementioned possessor , in regard the legal heirs are supposed no longer in being . secondly , the practise of this maxim , is necessary to the peace of society , which would be very much disordered , if a long continued possession might be disturbed without any pretence of right . now where there is no third person injured , nor no injustice done , those principles which tend most to the peace of society ought to carry it . thus the doctor has made it his business ( with what success the reader must judge ) to disparage and unsettle all legal titles , to make way for his leviathan model , which resolves all government into providence , that is into power . the doctor now proceeds to objections ; and in answer to one , concerning the injustice of adhering to an usurper against a lawful prince , he replies , that the right of a lawful prince is to administer the government ; and not to obey him when he does not , and cannot govern , is to deny no right . but on the other hand , if a prince has a right to administer the government , certainly he ought to have this right ; and the people are bound to help him to the administration of this right , when it 's forcibly detained from him : for if he has a right to the administration of the government , he has a right to command his subjects ; and consequently they are bound to reserve their duty for him only , and to range themselves under his obedience as soon as may be . to acknowledge a right , and at the same time to deny the duties consequent upon it , is to say that we are resolved not to render to all their dues , notwithstanding the common reason of mankind , and the apostles command to the contrary . but he ( the legal prince ) does not , and can't govern : if that is none of his own choice , it ought not to be alledged to his prejudice . if nothing but the disobedience of his subjects hinders him from governing , it 's unreasonable for them to plead their own crime in discharge of their allegiance , and to make a privilege of rebellion . his next answer has nothing new in it , excepting an admonition to all princes , to be upon their good behaviour . for they must take some care to preserve their crowns by good government ; i. e. they must govern as the doctor and the rest of their loyal subjects think fit . which courtly advice must end in an appeal to the judicious mobb , and make the vulgar the last resort of justice : for these , being the majority , ought not to be denied the common privilege of examining the actions of their sovereign . but what is the penalty the doctor lays upon princes , if they don't give satisfaction ? why , then their subjects are allowed to stand neuter , and not to maintain them , so much as in possession . just now the doctor told us , that the duty of the subject was to obey the laws of the prince in possession . some of which laws provide expresly for the defence of his person , crown , and dignity . now to allow this priviledge to an usurper , and deny it to a lawful prince in possession , amounts to little less then asserting , that justice ought to be discountenanced ; and that a bad title is better than a good one . but is the doctor sure the people are at liberty , not to assist a prince when he does not please them ? are they not bound to defend a divine right , which he grants is never parted from possession ? is not god's authority in a bad prince ( supposing he was really such ) as much as in a good one ? if not dominion is founded in grace ; and so we are gotten off from thomas hobs , to iohn of leyden and knipperdolling . and though the doctor , was not very sure the subjects are bound to defend an unacceptable prince in his throne ; yet a little time has better informed him : for ( pag. . ) he grants it's reasonable enough to venture our lives and fortunes to defend the king's person and government while he is in possession . this i mention , that the doctor may have the honour to confute himself ; neu quisquam ajacem possit superare nisi ajax . however , at present , he will not be thus liberal : for if the subjects have a bad prince , who notoriously violates their rights ; what follows ? then to be even with him they may be bad subjects , and notoriously violate his rights . in such a case , if he cannot defend himself , and fight an army singly , let him go ; though we are bound to support him , by the fundamental laws of government in general , and of the constitution in particular . but what if he strikes at religion ? if he does , it 's able to bear the blow without any damage . a man might as well undertake to stab a spirit , as to destroy religion by force . we can never lose our faith , unless it 's thrown away by negligence , or surrendred by treachery . religion is out of the reach of injury ; and invulnerable , like the soul , in which it 's seated . for it 's not in the power of violence to rifle our understandings , or ravish the freedom of our wills. religion , instead of being weakned , rises , upon an opposition , and grows more glorious by sufferings ; as is manifest from the history of the primitive christians . i don't mention this as if we lately either felt , or indeed had any reason to fear any thing like a persecution ; but only to shew the sophistry of the doctor 's argument . for if the religion of the subject be out of the prince's power to alter ; it ought not to be pretended as a reason of deserting him . besides , to pretend religion for the breach of oaths , and natural allegiance is the greatest reproach we can lay upon it ; and makes one part of it to contradict and destroy another . and though the doctor says , it 's a little too much for the subjects to venture their lives to keep a prince in the throne to oppress them : that is a prince the people are not pleased with ; for if they don't fancy him , they will either say he is , or will be an oppressor . now if allegiance depends upon the qualities of the prince , and his subjects were made judges of his behaviour , as the doctor will have it ; it 's impossible for any government to continue . at this rate the ignorance and levity of some , the disgust and ambition of others , would soon argue themselves into liberty , and the state into confusion . and therefore obedience is unconditionally bound upon us by the laws of nature ; which are part of the constitution of this realm , as the judges agree in calvin's case : this faith and ligeance of the subject is , as they observe , proprium quarto modo to the king , omni , soli , & semper ; and by consequence forecloses all objections against rigour and maleadministration . allegiance , as all the judges resolve it in the case of the post nati , follows the natural person of the king ; and by consequence must continue as long as his natural person is in being , without any respect to his moral qualifications . but a subject and a soldier are two things ; and a man may be the first , without any obligation from the laws of god or man , of being necessarily the latter . to this i answer , that though every subject needs not be a soldier by profession , yet whenever his prince is in danger , and requires his service , he is bound by the laws of god and man to fight for him . i doubt not but the doctor is so far of sir edward coke's opinion , that the duty of the fifth commandment extends to the king , who is pater patriae . now one part of the duty we owe our parents , is to defend their persons from violence : which assistance seems due a fortiori to the father of our country , who has the jurisdiction over all private families , and from whom both our selves and our parents have received protection . solomon tells us where the word of a king is , there is power . and if the subject is bound to give a general obedience to his prince , then certainly he is not at liberty to decline his service , when his crown and person are concerned , the same conclusion is plainly implied in our blessed saviour's answer to pilate ; if my kingdom were of this world , then would my servants fight , that i should not be delivered to the iews . from which words this proposition naturally follows , that subjects , as subjects , are bound to hazard their persons in defence of their prince . indeed this doctrine stands in little need of the support of authority , it being sufficiently evident from the reason of the thing . for , first , every subject receives security and protection from the king ; and therefore ought to protect his legal protector : for as all persons receive the common benefits of government , so they ought to joyn in a common defence of it . secondly , all persons are born equally subjects ; from whence it follows , that the essential duties of subjection ( of which , defence of the king is one chief branch ) must necessarily extend to them all . thirdly , all persons are obliged to venture their lives for the publick safety , and to appear against the enemies of their country : but the direction of this affair belongs solely to his management , who is vested with the power of the sword , and has the prerogative of making peace and war. those whom he declares the publick enemies , are to be accounted such , and no others . to him only it belongs to judge of the bigness of the danger , to proportion the preparation for war , to appoint the time and place for battel . by vertue of which privilege , all his subjects are bound to comply with his appointment , and to bring their persons into the field upon demand . if we look into the laws of our own country , we shall find them clear and decisive against the doctor . in the famous case of the post nati , argued before the lords and commons in the painted chamber , iac. . all the judges agreed that allegiance extends as far as defence , which is beyond the circuit of the laws ; that is , the subjects are bound to defend the king , in what place soever he resides , whether in his dominions , or elsewhere . for , as these reverend judges go on , every king may command every people to defend any of his kingdoms , this ( i. e. defence ) being a thing incident to the allegiance of all his subjects . now , if the defence of the king's person and kingdoms is a thing incident to the allegiance of all his subjects , or necessarily implied in the notion of subjection , then every man is obliged to be a soldier , whenever his prince shall think fit to employ him in that manner . this is no more than the resolution of all the judges in calvin's case ; who declare , that every subject is by his natural ligeance bound to obey and serve his sovereign . and since this obligation of the subject is thus general and comprehensive , it must certainly hold in cases of greatest necessity and importance . the duty of an english subject is more particularly described in the old oath of ligeance , mentioned by britton ; which , as sir edward coke adds , is yet commonly in use to this day , in every leet , and in our books : the tenour of it runs thus ; you shall swear , that from this day forward you shall be true and faithful to our sovereign lord the king , and his heirs ; and truth and faith shall bear of life and member and terrene honour , &c. this oath , as sir edward coke observes elsewhere , is to be taken of all above twelve years of age. the oath of allegiance , made iac. . c. . takes in the same compass of duty : for there the subject swears to bear faith and true allegiance to his majesty , his heirs , &c and him and them will defend to the uttermost of his power , against all conspiracies and attempts whatsoever . this , if it were duly performed , were enough in all conscience , and as much as can be expected from any soldier ; unless the being listed obliges a man to impossibilities . now this oath every person of the age of eighteen years is bound to take , if required by authority . lastly , that the extent of allegiance reaches to the assisting the king in the feild , we may learn from h. . c. . where we are told that the king calling to mind the duty of allegiance of his subjects , that by reason of the same they are bound to serve their prince — in his wars , against every rebellion , power and might , reared against him , &c. this statute we may observe does not found the subjects duty of asserting their prince in his wars , upon their military oath and possession , but upon their allegiance ; and therefore since all subjects owe a natural allegiance to their king , they ought to defend him in the feild , when , and where he shall command their service . and thus , if the judges and laws may be allowed to determine the case , the doctors fine speculations about non-assistance , must come to nothing . his distinction of the parts of the oath of allegiance into the natural duty of subjects , and an obligation superinduced by law , is both ill founded , and misapplyed . first , this distinction has no foundation either in reason or law. our oath of allegiance does not extend our obedience ( as bishop sanderson well observes ) and make us more subjects than we were before : it only gives a new security , by the solemnity of the action , for the performance of that to which we were antecedently obliged . the oath finds us subjects , ( otherwise we might refuse it ) it does not make us such . and therefore those who have not sworn such an allegiance , are bound to all the duties of subjection contained in it . this sworn obedience is enjoyned by authority , only as a recognition of our natural duty ; to which it adds nothing , but the enforcement of a religious circumstance : which is agreeable to the judges resolution in the forementioned case of the post nati ; that allegiance was before laws . and in calvin's case it 's averred , that a true and faithful ligeance , and obedience , ( which is all we are sworn to ) is an incident inseparable to every subject as soon as he is born. secondly , as the doctors distinction is chimerical ; so the application of it is mistaken and unreasonable . he says , natural allegiance is due only to him who has the actual administration of the government . natural allegiance , under favour , can be due to none but him who is our our natural prince , no more than filial obedience can be challenged by any , excepting our natural parents . but possession abstracted from right , does not make any man our natural prince , no not in the doctor 's opinion . for he elsewhere tells us , that the kings of egypt , and babylon , never had a legal and natural right to govern israel . by which words it's plain , he makes a legal and natural right to be the same . but bare possession does not give a legal right , and by consequence not a natural one . thirdly , natural allegiance is due to him who is king by the laws of nature ; but he who can prove his title by nothing but the administration of government , is no king by the laws of nature ; for nature , i. e. right reason does not found dominion in power , nor gives any countenance to injustice . and if an usurper has no prerogatives of royalty from the laws of nature , then natural allegiance cannot be challenged upon this score . for a principle which gives a man no right to govern , can't lay an obligation upon any persons to obey him . the laws of nature enjoyn us obedience to our kings . but they don't tell us , that every powerful pretender ought to be acknowledged as such : but refer us to the constitution for satisfaction . for authority and iurisdiction is as much a property as land ; and therefore the measure of it ought only to be taken from the laws of each respective countrey , which brings me to the doctor 's application of legal allegiance ; which he affirms , is sworn only to a king in possession . and by his reasoning he lets us plainly understand , that this allegiance is due no longer than the possession continues . to this i conceive the doctor 's arguments will afford a sufficient ground for a reply : for he explains legal allegiance by maintenance , or defence ; and says , it signifies no more than to maintain and defend the king in the possession of the throne , as having a legal right to it . if it signifies thus much , its sufficient . for if we are sworn to maintain and defend the king in the possession of the throne , because he has a legal right to it ; we ought to defend him as long as this legal right continues : for as long as the grounds of allegiance remain in full force , the consequent duties ought to be performed . now the doctor grants a prince's legal right remains after his dispossession ; and that he may insist upon his claim , when he finds his opportunity . he argues farther , that we can legally take this oath only to a king in possession , because it must be administred by his authority . to this i answer , first , that from hence it follows , that whenever a lawful prince has been possessed of the government ; those who swore to him during his possession , are bound to perform the contents of their oath ; for then by the doctor 's argument it was lawfully administred . secondly , to put the matter beyond dispute , we are to observe , that the king's authority continues after dispossession : this , waving other authorities , i shall prove from the two other famous cases of the post nati , above mentioned , reported by sir francis moore , and sir edward coke ; in both which we have the resolution and concurrence of all the judges . in the first , among other things , it 's affirmed as unquestionable law ; that allegiance follows the natural person of the king ; not the politick . for instance , si le roy soit expulse per force , & auter usurpe , uncore le allegiance nest toll ; comment que le ley soit toll . that is , if the king is by force driven out of his kingdom , and another usurps ; notwithstanding this , the allegiance of the subject does not cease , though the law does . secondly , allegiance extends as far as defence , which is ( sometimes ) beyond the circuit of the laws . for every king may command every people to defend any of his kingdoms ; this being a thing incident to the allegiance of all his subjects , without respect to the extent of the laws of that nation , where they were born ; whereby it manifestly appears , that allegiance follows the natural person of the king. from this resolution of the reverend judges these inferences necessarily follow . . since allegiance follows the natural person of the king , it must be due to him as long as his natural person is in being , i. e. as long as he lives : so that possession or dispossession does not alter the case . 't is true they make a change in the king's fortune , but the allegiance of the subject remains the same . . when the prince is ejected by force , the laws are said to cease , or expire : from whence it follows that the usurper has no authority to execute justice , or administer any part of the government ; which overthrows all the pretences for a k. de facto . . allegiance extends as far as defence , and does not , as the judges observe , depend upon the formalities of law ; but is founded in natural subjection . and as a king may command his subjects of one kingdom , to defend him elsewhere , though they are obliged by no express provisions to travel with , or transport their allegiance into another country ; so by parity of reason all subjects , in vertue of their general allegiance , are bound to defend their prince in their own country , thô there should be no particular laws assigned to bring them upon duty ; which is more than the doctor will allow . . if allegiance reaches as far as defence , then without question it ought to be paid to the king , when dispossessed ; for then it is , he has the greatest need of his subjects assistance . . if allegiance follows the natural person of the king , and is due to him out of possession ; then it cannot be due to an usurper in possession : for this would oblige us to two opposite allegiances , which , as the doctor observes , is absurd , and impossible . . if allegiance follows the king's natural person , his royal authority must do so too . for an obligation to obey always supposes a right to command ; and if the sovereign authority always attends upon the person of the king , then a commission granted by a king out of possession , must be a valid commission . and thus the doctor 's great question , which he was not lawyer enough to decide , is answered against him . calvin's case is full to the same purpose ; which because i have already mentioned , i shall cite the less of it now . in this solemn and deliberate determination , it 's resolved by the reverend judges , first , that allegiance and faith are due to a king by the law of nature . they must mean a rightful king : for the law of nature does not encourage injustice and usurpation . secondly , they affirm , that the law of nature is part of the law of england ; and cite bracton , fortescue , &c. for this point . and , thirdly , that the law of nature is immutable . from whence i infer , that if allegiance is due to a rightful king by the law of nature , if this law is incorporated into our english constitution , and of an immutable obligation ; from hence it necessarily follows , that as long as we have a rightful prince , our allegiance is part of his right , and ought to be exerted for his service . secondly , they observe , that in the reign of edw. . the spencers , father and son , to cover the treason hatched in their hearts , invented this damnable and damned opinion , that homage , and the oath of ligeance , was more by reason of the king's crown , ( that is his politick capacity ) than by reason of the person of the king. upon which opinion they inferred execrable and detestable consequents . . that the king might be removed for maleadministration . . that he might be reformed per aspertee . . that his lieges were bound to govern in aid of him , and in default of him . now if it is such an impious and unreasonable assertion to maintain that homage and ligeance , is tyed to the king 's politick capacity : then it must follow his natural person ; which makes the resolution of this case the same with the former . and though i don't pretend to know what the doctor is hatching in his heart ; yet i 'm afraid he has slipped into this damnable and damned opinion of the spencers ; for he has ventured to affirm , with great assurance , that the diminution of the crown , and the personal right of the king , are very different things . now if they are so very different it is because they are separable from each other . and if the crown may be diminished without injuring the personal rights of the king ; then the rights of the crown are not tyed to the king's person . that is in the spencer's language , allegiance the great prerogative of the crown , follows the king 's politick capacity , not his personal ; and is due not to any hereditary advantage of blood , but may be challenged by possession and power ; especially if the administration be cast into a monarchical figure . from these observations , 't is evident , that to maintain and defend the king's person , crown and dignity , implyes an endeavour to restore him . for not to repeat what has been said already ; the crown is in construction of law the ius regnandi : so that to swear to maintain his crown , imports an obligation to defend his right , which is inseparably annexed to his person , and runs parallel with his life , unless he resigns . from whence i conclude , against the doctor , and republican saunders , that in the sense of the oath , to restore , is necessarily included in maintaining . but possibly we are not aware what a monstrous contents the oaths of allegiance will be big with , if restoring is included in maintaining : for then besides several other terrible things , which i shall consider afterwards , we swear , it seems , to disturb all governments , and raise rebellions if we can , to restore our king ; which are such absurd and unreasonable engagements , that had they been expressed in the oath , no man in his wits would have taken it . i think so too , as the doctor has represented the matter . but then before he drew such tragical inferences , it had not been amiss for him to have proved , that there is any government to disturb under a usurpation . for , by way of quere , i would gladly know , how there can be a government without any authority to administer acts of government ? and how a man can have any authority , who has no right to ground it upon ; or to give him a publick character ? if allegiance , as we have seen , is inseparably tyed to the person of the king , one would think there was no danger of a crime in the performance of it : unless we should stretch it beyond the duration of his person ; and appear from him after he was dead . if the asserting the laws , and supporting the constitution , and engaging in the cause of justice , is a raising of rebellion ; the names of things are very much altered of late ; and if the things are not so too , some persons , i fear , are in no good condition . but to insist upon this no farther : i believe the doctor forgot that this extravagant oath of allegiance cannot be refused by any person ( except women covert ) of the age of eighteen years , without incurring a premunire . now by the iudgement of a premunire , a man is thrown out of the king's protection : and his lands and tenements , goods and chattels are forfeited to the king : and his body is to remain in prison at the king's pleasure . now a man , though he had no higher aim than self-preservation , might better venture the inconvenience of following his king into banishment ; and run the risque of the rest , then have this act executed upon him . for these are present and severe punishments , whereas the other are but contingent and remote misfortunes at the worst . so that no man in his wits , who considers the danger of declining this oath , would scruple the taking it , though it was drawn up with all that strictness of loyalty which startles the doctor . and though he has dressed up this oath in frightful colours , and given it an unkind parting blow ; which looks like a sign that there was more of convenience , than inclination in their former correspondence ; yet if we take off the disguise , and wipe off the marks of the doctor 's hard usage , we shall find it of a complexion agreeable enough , that it obliges us to no more than what was our duty before , and implied in our natural allegiance ; and that the contents of it are both reasonable and necessary to the support of government . the dr. proceeds to remove another difficulty contained in the oath of allegiance , viz. we swear to the king's heirs and lawful successors , who are not in actual possession ; and therefore that must signifie to give them possession . right ! if the king dies possessed of the crown , we must swear to maintain the succession , otherwise it seems not . but , . i can't conceive what security this construction of the oath can give to an hereditary monarchy : yes , very much says the doctor . for if the king dies possessed , we swear to maintain the succession , and to own none but the true heir . but how long is this maintenance and owning to last ? truly no longer then his sword can challenge it . if he gets possession , we are for him ; and so we are for any body else . for if iack straw steps before him , and proves lucky in his events , the true heir must be contented to live upon the metaphysical dyet of legal right , without any subjects to support him . and thus the oath of succession , when prudently interpreted , resolves it self into this kind interpretation , that we solemnly swear to be unalterably true to our own ease and convenience , and to adhere religiously to the nimblest and strongest party . and for fear this should not satisfie the lawful successor , we swear moreover , if you please , not to make it our act to set up any prince , who is not the right heir . true ! for there may be danger in doing otherwise ; especially when the king dyes possessed : for then the posse of the kingdom is usually conveyed immediately to the right heir , and his interest is much the strongest . we ought therefore to be faithful to him , when it 's unsafe for us to desert ; and assist him as long as he is able to live without us . 't is granted , we are not to be too busy at first in setting aside the succession , for fear of burning our fingers ; but if any ambitious person is strong enough to make a break in the line , we may lawfully comply with the intrusion . so that it seems we must not form an unjust interest , nor set out with it at first ; for possibly it may sail us : but when it has gathered strength by the conjunction of more wickedness , and improved into a thriving condition , we may fix and support it fairly enough . i perceive some people , out of a tenderness to society , won't give us leave to break our fast with rebels , for fear we should ruffle our concerns , and miscarry before noon ; but when the day is once their own , we have liberty to come in at the evening , and sup with them ; and may wipe our mouths after all , with the same good conscience the woman did in the proverbs . but truly i think those who won't venture to ride the chace , ought not to be admitted to the eating of the venison . however , if we examine the matter critically , it 's hard to tell which sort of revolters , the early or the later , ought to be preferred . they have each of them their peculiar excellencies : the one has more courage , the other more caution , and both the same staunchness of principles . ambition is predominant in the first ; fear and covetousness in the latter , who is such a flexible apprehensive creature , that whoever can command his interest , may likewise command his actions , and fright him out or into any thing , at their pleasure . i observe , . that this construction of the doctor 's determines against k. charles ii. as fully as is possible . for he was driven into banishment , before he could gain his right : and the rump and cromwel mounted the seat of government : and the king his father dyed dispossessed of the crown . so that by the doctor 's reasoning , the people were not only disingaged from the successionary part of the oath , but were bound to stand by the commonwealth , and oppose the restauration . if any one questions k. charles i. his being dispossessed at his death , he may please to consider , that this prince was not only defeated in the field , and made prisoner by his rebellious subjects ; but there was a high court of justice erected to try him for treason . the supream power and authority was declared to be in the commons of england : and monday . ian. . ( the day before his majesties martyrdom . ) the commons in the name of the present parliament enact , that in all courts of law , justice , &c. and in all writs , grants , &c. instead of the name , style , test , or title of the king , heretofore used ; that from thenceforth the name , style , &c. of custodes libertatis angliae shall be used and no other . in short , the king's name was enacted to be struck out in all judicial proceedings , in the date of the year of our lord , in juries , in fines , in indictments for trespass and treason . from these unquestionable matters of fact it 's manifest , beyond contradiction , that the king had not so much as the shadow of authority left him ; but was perfectly out of possession before he lost his life . i shall draw one advantage more from this citation , and so dismiss it . the inference is this , that treason lies against the king , though out of possession . for the regecides who were not comprehended in the act of indemnity , were excepted , for sentencing to death , or signing the instrument of the horrid murther , or being instrumental in taking away the life of king chales i. for this reason , they are left to be proceeded against , as traytors to his late majesty , according to the laws of england . if the doctor desires another instance , that treason may be committed against a king out of possession ; he may receive satisfaction from the first years reign of king charles the second . for in this act of indemnity , it 's said , that by occasion of great wars , and troubles , that have for many years past been in this kingdom , divers of his majesties subjects are fallen into , and be obnoxious to great pains , and penalties . and to the intent , that no crime committed against his majesty , or royal father , shall hereafter rise in judgment , or be brought in question against any of them , to the least endamagement of them , either in lives , liberties , or estates ; his majesty is pleased that it may be enacted , that all treasons , misprisions of treasons , acted or done since the . ian. . to the . of iune , . — shall be pardoned , released , &c. from this act we may observe , . that though the king was newly restored at the making of this act , it 's said , notwithstanding divers of his subjects , ( not his fathers ) had for many years past been obnoxious to great pains and penalties , &c. which is a plain argument , that as his reign was dated from the death of k. ch. i. so they looked upon the people of england as his subjects from that time ; and that his authority to punish , was entire , during his dispossession ; otherwise they could not have been obnoxious to great pains and penalties , for acting against him . . the king pardoned all crimes committed against himself , which would have risen up in judgment , and endamaged his subjects in their lives , liberties , or estates : some of which crimes , as they can amount to no less than treason , so they must relate to the time of the usurpation ; because the king was but very lately entered upon the actual administration of the government . neither do we read of any treasons committed against the king from the th . of may to the th . of iune ; which was the utmost term to which the pardon extended . . all treasons , misprision of treason , &c. ( excepting those excepted ) are pardoned from ianuary . . to iune . . now if treason did not lye against a king though out of possession ; this pardon should have reached no farther then . because then k. charles i. was murthered , and his then majesty deprived of his kingdoms , till the year . the general pardon , i say , ought to have stopped at . unless we can imagine the king intended to rank those among traytors , who appeared for his own interest ; and to pardon the treasons committed against cromwel and the rump , which is a supposition sufficiently romantick , especially if we observe , that the pretended indictments of high treason against any of the usurped powers , are considered by themselves in the next chapter , and pronounced null and void : and the styles of the usurpation , keepers of the liberties of england , protectors , &c. notwithstanding their plenary possession , are declared to be most rebellious , wicked , trayterous , and abominable , and detested by this present parliament . and why all these hard words ? because these names of authority when misplaced , were opposite in the highest degree to his majesties most just and undoubted right . that the doctor may not complain for want of evidence in this matter , i shall cite him a proclamation of both houses , for proclaiming king charles the second , dated may . . it begins thus , although it can be no way doubted , but that his majesties right and title to his crowns and kingdoms is , and was every way compleated , by the death of his most royal father , &c. without the ceremony , or solemnity of a proclamation : yet since the armed violence of these many years last past has hitherto deprived us of any such opportunity , wherein we might express our loyalty , and allegiance to his majesty ; we therefore , &c. now if the king 's right was every way compleated at his fathers death , and the allegiance of the subject was due to him before his restauration , than treason was committable against him ; for treason is nothing but a high breach of allegiance . but this proclamation is so plain , that there needs no farther comment upon it . and thus i have made it appear from the resolution of all the judges in two distinct and celebrated cases ; by proclamation , and acts of parliament , that treason lyes against the king , though out of possession : which performance the doctor is pleased to call proving the point ; and looked upon it as an impossible undertaking . the doctor 's next observation begins very obligingly for the crown : and seems to insinuate , that the subjects need not disturb themselves with fears and jealousies : for in case a prince should be enclined to stretch his prerogative , he can't hurt them , unless they will betray their own liberties , and venture to be hanged for it . and who would venture an execution only for robbing himself ? there is no fear the majority of the english nation especially should ever be guilty of such an extravagance : so that now , one would think , all was safe enough : but it happens quite otherwise . for the doctor flyes out unexpectedly against arbitrary power , makes indecent reflections ; and gives all princes a second admonition to take warning . and after this sit of schooling is over , he argues thus , that if the oath of allegiance does not oblige subjects to defend a prince in the exercise of an arbitrary power ; he thinks it much less obliges them to restore such a prince . to this granting the doctors supposition , for disputes sake , i answer ; that notwithstanding the subjects are not to act for the promoting of arbitrary power ; yet they are bound to support an arbitrary prince , supposing they have one . this the doctor must grant , unless he will maintain , that a sovereign , and unaccountable power , may be forfeited by maladministration ; which , i think , is a contradiction . for all forfeitures imply a legal and superiour court , to take cognizance of the cause , and pronounce sentence ; which cannot be supposed in this case , without making a superiour to a supreme . and if sovereign power is unforfeitable , than the right of him , who is vested with it , must always remain : and if so , the subjects are bound to support him in the exercise of it , though it may be sometimes over-strained into rigour . let us try the doctor 's argument once more . the subjects are not obliged to defend a prince in the exercise of arbitrary power . they are not bound to maintain the excesses of a prince's prerogatives ; therefore they may deny him his just rights . they are not bound to give him more than his due ; therefore they may give him less , or take all away from him . 't is a fault to break the laws in favour of the crown ; therefore we may break them for rebellion ; where lyes the equity and logick of these propositions ? a less master of thinking than the doctor would have found out the distinction between arbitrary and regal power , and concluded that our obligations not to promote the one , did not discharge us from supporting the other . his inference , that the making and receiving addresses of lives and fortunes , is supposed to signifie some other defence than the oath of allegiance obliged the people to , is not mathematically drawn . for may not men make a recognition of their duty , and give fresh assurances to perform that which they were obliged to before ? what is more common in religion , and civil conversation , than to renew former engagements , by repeated promises , and solemnities of action ? these addresses of loyalty refresh the obligation of the subject , and the good opinion of the prince : and therefore it 's no wonder they are kindly received , though they present him with nothing but his own : i don't mean that the people have no property in their lives and fortunes ; but only that they are bound to expose and resign them to the publick , i. e. their prince's interest , when occasion requires . the doctor remarks farther , that the oath of allegiance is a national oath , and therefore the defence or maintenance we swear is national ; that is , to joyn with our fellow subjects in defending the king's person and crown . — but in case the body of the nation absolve themselves from these oaths , and depose their king , and drive him out of his kingdom , and set up another prince in his room ; it 's worth considering , whether some private men are still bound by their oath . and immediately concludes , certainly this was not the intention of the oath ; for it is a national , not a private defence , we swear . i confess the doctor has stated the matter of fact notably enough , about , absolving , deposing , driving out , setting up , &c. but the consequence he infers from thence i cannot understand , for these following reasons . first , because there is nothing in the form of the oath to countenance this interpretation ; but the contrary . for by the oath of allegiance every person swears to bear faith and true allegiance to his majesty and his heirs , &c. and him and them will defend to the uttermost of his power . whence i observe , . that the swearing in the singular number , and without conditions of assistance , is an argument that every individual person is bound to unalterable fidelity to the crown ; without any relation to , or dependance upon , the behaviour of his fellow subjects . . he that runs in to a majority of revolters , does not defend the king to the uttermost of his power : for the king has neither his counsel , the reserve of his person , nor the example of his constancy ; some or all of which might have been serviceable in their way , and were in his power to give him . nay , he is so far from defending the king to the utmost of his power , that he consigns himself and all his power into the hands of the usurper , to be employed against his lawful sovereign ; which is as direct a contradiction to the words and intention of the oath as can possibly be imagined . farther , the oath declares , i do believe , and am in conscience resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof . but the doctor is of another mind , and concludes , that when the great body of the nation has absolved themselves , their neighbours are absolved too . i suppose the doctor will not quibble upon the word person , and argue that though the pope , nor any other person , has any power to absolve us , yet the people may ; because they imply another number , and include a plurality of persons . if he objects in this manner , the latter end of the sentence is sufficient to disappoint him . for there we renounce all dispensations to the contrary : which clause is levelled against popular , as well as papal plenitude of power , and comprehends the vvestminster-infallibility , as much as that of rome . lastly , all these things are sworn according to the express words spoken ; and according to the plain and common sense and understanding of the same words ; and without any equivocation , or mental evasion , or secret reservation whatsoever . but to swear with this private supplemental sense , that we will bear faith and true allegiance to the king , provided the majority of his subjects will do so too ; if this is not a plain wresting of the common sense and understanding of the words ; if this is not a mental reservation to purpose , i despair of seeing any such in the iesuits morals . secondly , this construction of the oath makes government very uncertain , and precarious . the dr. frequently flourishes with the body of the nation ; i hope he does not think the nation is all body . by this great body i suppose he must mean the majority of the kingdom . now if a government lyes at the discretion of the multitude , it must needs be admirably provided for ! if a king must go to the poll for his sovereignty ; and and we are obliged to tell noses , to know whether our allegiance continues , or not ; we are likely to enjoy the blessings of peace and order at a great rate . the generality of mankind formerly don 't use to be over ▪ burthened either with prudence or conscience ; and i don't perceive that this age has much mended the matter : which makes me wonder why the dr. should give them such an unbounded privilege ; to pull down and set up kings ; to dispence with oaths and other commandments ; to repeal laws ; to transferr titles , and turn the world topsy turvy , at their pleasure . but which way does the great body of the nation absolve themselves from these oaths ? by law ? no. they are not the legislative power . the parliament it self cannot pretend to this privilege without the king. this great body are subjects like other people when they are separate , and dispersed . whence then comes the sudden alteration ? can they rendezvouz themselves into independency ? can a crowd give a man a dispensation purely by the magick of their numbers , and the disorder of their meeting ? this makes the composition work incredibly beyond the vertue of the simple ingredients . who would live alone , if company can do all these wonders ? well! possibly the dr. means , this great body can't absolve themselves from their oath lawfully ; but when they have once done it , their act must stand . can they not do it lawfully ? then certainly not at all : for in these cases id tantum possumus quod jure possumus . who ever heard , that unlawful absolving , or a dispensation against authority and right , signified any thing ? however , this is the dr's meaning , which makes him still more incomprehensible . for , dly . this construction confirms the highest breaches of law , and gives force and authority to the most irregular proceedings . it does not warrant the deposing act , it 's true ; but when it 's over , it gives it a blessing , and pronounces it valid . the pope sometimes pretends to depose princes by a privilege of right : but this doctrine scorns to be beholden to a colour of justice , but does the same thing by a privilege of wrong . it sets violence in the place of law , and gives treason and authority the same effect . and how the difference between good and evil can consist with such a latitude , is somewhat difficult to understand . but what can the minor part of the subjects , perhaps but a little handful , do towards the restoring their king ? why , they can shew an exemplary firmness and resolution , which may probably encrease their numbers , and awaken the better-meaning part of the people into right apprehensions of their duty . they can wait god almighty's leisure , retain their integrity , and save their souls : and is all this nothing ? the dr. has a farther reserve , and that is , an oath to fight for the king , does not oblige us to fight against our country , which is as unnatural as to fight against our king. as unnatural ; then it 's unnatural to fight against our king ; which is worth the observing . to go on , and , . as the oath of allegiance does not oblige us to fight against our country , so neither does it to sight against our king : if it did , it has been well kept . besides , i would gladly see a reason why we ought to preferr the country to the king. did we swear allegiance to the country , or has it any authority over us independent of the king ? if not , why should we esteem multitudes above justice , and side with the subject against the soveraign ? dly . we are to remember , that the dr. disputes upon a supposition of usurpation ; and therefore the assistance of our country does not belong to his plea : for those who appear for the rightful prince , for the laws and establish'd government of the country ; they , and no other , are properly speaking the friends of the country . if the dr. takes the country on any other notion , he must make it a wilderness of disorder , or a den of thieves . and to carry on the dr's supposition ; to fight against revolters , is not to fight against our country . they have no country to lose , but have forfeited the privileges of their birth and industry , by their defection : and though they may find favour if they seek in time , yet they can challenge none . the dr. was apprehensive , that this post was scarcely tenable , and therefore after a little skirmishing , retires to the main fort , his pretended disposal of providence : and after all , he grants , that subjects must have regard to legal right . and if they pull down a rightful king , and set up a king without right , they greatly sin in it . most certainly . and therefore one would think , when they have set up a pretended king without right , they ought to pull them down again , and not persevere in the breach of their duty . what the dr. adds by way of parenthesis , that subjects ought not to remove or set up kings without legal-right , unless the constitution of the government should in some cases allow it ; is somewhat unintelligible . 't is true , some people would make us believe , though without reason , that the constitution does acknowledge an illegal prince , after he is once set up and established : but that it should allow the setting him up in any case , i suppose was never heard of till now . if the constitution allows of its own violation , and the laws grow lawless , and give men authority to break them , it 's time to look out for some other government . i can guess what the dr. would have called such disputing as this is , if he had catched an author at such a disadvantage . the dr. proceeds to another objection , viz. this doctrine of his makes it impossible for an injured prince to recover his right . this is a severe charge ; how does he purge himself ? surprizingly enough . he tells you , it may be called a difficulty in providence , if you please ; but it 's no difficulty to the subject , unless a passionate affection for the dispossessed prince makes it a difficulty . otherwise it will rub off easily enough : for , 't is but yielding to necessity , and leaving every thing else to providence , and there is an end of that business . but what if the subject has a passionate affection for justice , as well as for his prince , and can't draw his sword against the laws with any manner of satisfaction ? what if he is afflicted to see a brave , a generous , and good-natur'd prince so deeply injured ? what if he has an aversion to violence , and hates to strengthen the workers of iniquity ? if he has not command enough of his conscience to conquer all these scruples , what relief can the dr. give him ? very little that i know of . and as for his calling it a difficulty in providence , he must either mean , that it 's a difficulty to god almighty , or else , that it is to human understandings an incomprehensible way of proceeding ; for providence to bar a good prince of his right , only for having treacherous subjects , and bad neighbours . and if this be his meaning , i agree with him , unless we had a particular revelation to clear the point . but then i must add , that the dr's scheme bearing thus hard upon the attributes of god , is but a bad argument to conclude the reasonableness of it . he says , no man could have foreseen how ch. the second should have returned , who had a powerful army against him ; or j. the second be driven out of his kingdom at the head of a powerful army , without shedding of blood. now , the reason why the latter instance of this mystery was so difficult to penetrate , is given by the prophet : because the heart is deceitful , and desperately wicked , who can know it ? however , according to the dr's application , providence was as much concerned in the one as in the other ; as much engaged to incline men to desert and betray their prince , as to return to their duty to him . he goes on to inform us , that all the plots and conspiracies of the loyal party were vain , and had no other effect , but to bring some worthy and gallant men to an unhappy end. all the plots , &c. that is , the loyal party plotted to restore the government , and conspired against rebellion . this is somewhat oddly expressed ; but new language , and new notions , do well together . i perceive the dr. is resolved to furnish out cloth and trimming too , for one bout . but after all these fine words , if his doctrine holds true , these gallant worthy men were no better than men worthy , and traytors to god and the common-wealth . some people will likewise wonder , since he had bestowed such commendations upon the royallists , why he should tarnish their character , by saying they came to an vnhappy end. if he means it with respect to their friends , it might be so : if in relation to themselves , it 's utterly deny'd : for , is it in earnest a misfortune to sign our loyalty with our blood , and to dye in defence of the laws ? is it an unhappiness to value our honour and integrity above our lives , and to expire in constancy and greatness ? if the case be thus , the martyrs came to an vnhappy end : but i shall dismiss this argument . the dr. is at last apprehensive , lest this doctrine should prove inconvenient and dangerous to princes ; and answers the objection , by saying , the contrary doctrin is much more dangerous to subjects : whose interest , it seems , must be preferr'd , though their behaviour be never so monstrous and irregular . i shall afterwards endeavour to shew , that the security of the subject is better provided for , upon the old principles , than by this new scheme . but why is the contrary doctrin so dangerous to the subject ? because it 's a folly to believe any princes will endure those who are obliged by principles of conscience to oppose and disown their government . is it folly to think any prince will endure such things ? then it 's folly , it seems , for him to endure them . here the dr. has given us a cast of his good nature , and shewn what a kind advocate he is for his brethren the non-swearers ! but why will he not endure them ? does the dr. think no prince will endure a man that has any principles of conscience ? not when they are turned against him . why not , if there is no malice in the opposition ? why should any power persecute people to the death , meerly because they are willing to go heaven , and are afraid of being damned ? an intruding prince , if he has any spark of honour or generosity in him , if his temper be not as ill as his title , won't sacrifice such persons to rage and resentment : not only because such sort of revenges look uncreditably and mean , but because he knows his interest is not declined out of humour or animosity , but upon the score of principles and duty . the dr. undertakes another objection , which lies against his doctrin of providence , viz. that pyrates and robbers have as good a title to his purse , as an vsurper has to the crown . what he has brought in answer to this in his case of allegiance , i have already considered . but he has since endeavoured to support himself upon some new reasons in his vindication , and therefore these must be likewise examined . before i enter upon this matter , it may not be improper to take notice , that the dr. was forced to make use of such extensive principles in his first book , that , like a large town , they are much the weaker for their compass : which makes the defence of them at all quarters utterly impracticable . i am mistaken , if that which i have formerly alledged , together with the obvious consequences which result from it , does not contain an answer to what the dr. has lately produced : for if , as he maintains , all power , whether legal or illegal , is from god , and a certain sign of his authority ; if providence orders all events which are for the good or evil of private men , as well as publick societies ; if there is no difference between the divine permissions and approbations ; no evil in the city which the lord has not ( barely permitted , but ) done . if all this be true , i confess i cannot understand why a robber's title is worse than a usurper's . however , since the dr. continues of another mind , the grounds of his dissent shall be considered . now he endeavours to shew , that private robberies and vsurpations have not the same effect and confirmation from providence . because all private injuries are reserved by god himself , to the redress of publick government , therefore his providence has no effect at all upon such personal rights . — but such disputet which are too big for a legal decision , for the decision of which god has erected no vniversal tribunal upon earth , he has reserved to his own iudgment ; such as the correction of kings , and the transferring of kingdoms . and here the final determination of providence , in settling princes upon their thrones , draws the allegiance of the subjects after it . 't is granted , that government is appointed by god for the redressing private injuries ; but it 's likewise as true , that all injuries of this kind are not actually redressed . there are very many irregularities committed by the subjects , towards each other , which remains uncensured and unrectified by the courts of justice ; and therefore , why should not providence interpose by way of supplement , and determine private property by events , as well as the dominions of princes ? subjects , by their immoralities and mismanagement , deserve oftentimes to be chastized , and dispossessed of their fortunes : why therefore should there not be a court of events set up to assert the soveraignty of providence , and to supply the defects of human justice in one case , as well as in the other ? but providence has no effect upon such personal rights . is it because they are personal ? then it can have no effect upon the crown ; for that surely belongs to the king's person . the dr. cannot deny , that god is supreme lord of private estates , as well as of kingdoms ; and that he disposes them according to his pleasure : and since he orders all events which are for the good or evil of private persons , it follows , by inevitable consequence , that whatever any man can catch , is god almighty's gift , and then surely there is no reason to question the title . god in erecting courts of judicature , did not intend to make the subjects , any more than the prince , independent of his own jurisdiction ; or to exclude himself from any part of the government of the world. and therefore , if all publick changes and revolutions of kingdoms are certain signs of god's approbation , and fortified with his authority , we ought to conclude the same with respect to inferiour concerns . if the successes of violence always draws allegiance after them , and translates the authority from the rightful prince to the usurper , i see no reason why they should not have the same consequence upon private property ; for , that cause which can produce a greater effect , may , no doubt , produce a less of the same kind . if providential events can unsettle the crowns of princes , 't is strange they should not have an equal jurisdiction over things of an inferiour value . if this principle is sufficient to overturn the fundamental laws of a kingdom , and to transferr the prerogatives and royalties of government , i wonder how any petty private rights can stand before it . have private rights a firmer establishment than the publick ? and is the property of crowns more precarious , and slenderly guarded than that of a cottage ? if events can give an island or a continent , to every victorious usurper , why should a more modest robber , who makes himself master of a small sum of money , be denied the same privilege of his industry or courage ? this is great partiality , and by the dr's reasoning , a confining providence with a witness , and fettering it with courts of human justice : so that god can't dispose of the property of the subject , unless the judges and jury are pleased to consent to it . the truth is , the dr. has made the condition of princes very lamentable . as for subjects , when they are injured by theft or intrusion , their property remains entire , and they have the remedy of law to relieve them : but princes must not pretend to these securities , when they are once disseized , though never so unaccountably ; their authority is out of doors , and they must sit down by their misfortune without redress : they are to govern only durante bene placito , no longer than the sence and conscience of the people will give them leave ; two qualities which seldom fall to the share of the majority : and which is an harder consideration than all the rest , it 's their honourable relation to god almighty which puts them into these circumstances of disadvantage : had they not had a commission from him , their right had been fenced , as well as those of other men ; but their being his ministers , to rule the world , has cut them off from the common privilege . this must needs be a mortifying consideration to princes , and make their charge a very dangerous undertaking . who , that could live any other way , would wear a crown at this rate ? who would change the title of private property , and throw himself out of the protection of the law , for such a glittering uncertainty ? who would quit a certain and solid interest , and expose himself to all the humours and accidents , the wickedness and extravagance of human nature is capable of producing ? 't is certainly much more eligible to have the security of stated justice , than to stand to the courtesie of events , and lye at the mercy of ambition , and the madness of people . but , such disputes which are too big for a legal decision , for the decision of which god has erected no vniversal tribunal upon earth , he has reserved to his own iudgment . what sort of dispute does the dr. mean , and between whom does it lye ? is it between the lawful prince and the usurper ? if so , the very names of the parties are sufficient to end the controversie . for certainly there is no need of disputing , whether right is right , or wrong is wrong . the dr. i fear to perplex the argument , seems to perplex the title , and disputes , as if it was equally doubtful on both sides ; and then , i confess , events , i. e. possession might determine it . but this cannot be supposed , without altering the state of the question : for the dr. has put the case at the worst , and reasoned upon the supposition of vsurpation ; and owns , that his principles oblige him to do so : and would our author have a vniversal tribunal erected , to overthrow universal justice ; to dispossess and exterminate lawful princes , and determine the cause in favour of violence ? well! possibly the dr. means , this dispute is between god and the lawful prince . 't is for the correction of princes , and the transferring of kingdoms . touching the transferring of kingdoms , there are several ways , as i have already observed , of maintaining the divine soveraignty in this point , without making any difficulties in providence , and sapping the foundations of common right . and as for the correcting of princes , god does not stand in need of injustice and rebellion for this purpose ; he can execute this discipline without the necessary wickedness of the subject : he can afflict princes in their families , and in their persons : he may likewise suffer them to be over-run by violence , without giving any approbation or authority to the oppression . as he suffers the devil to do a great deal of mischief , though he neither gives him a commission , nor ratifies his acts. besides , there will be an vniversal tribunal erected at the last day , where princes must appear as well as meaner persons ; and where mighty men , if they have done amiss , will be mightily tormented . thus we see kingdoms may be transferred , princes punished , and god's prerogative asserted , without returning to the doctrine of events . these expedients are plain , and lye easie upon the understanding , and answer all the difficulties objected by the dr. without running us upon greater . thus kings , who are only less than god , are left to his sentence and correction . whereas the dr's scheme puts them in the power of the people ; and gives a rebellion , when it 's grown general , a privilege to cancel the regal authority , and to absolve the people from their allegiance . now , for subjects to sit judges upon their prince , and inferiours upon their undisputed supream , is the greatest affront both to decency and duty imaginable . the dr's remark , that the final determination of providence , in settling princes ( i. e. usurpers ) draws the allegiance of the subject after it ; is worth considering : for what sort of determinations are these ? they are against law and human right . when do they commence , and what signs have we to distinguish them by ? why , when wickedness is in its exaltation , and rebellion is grown invincible , then it is that providence determines the point for usurpation , and gives it a divine authority ; then god , it seems , discharges the people from their former engagements , and gives them leave either to chuse or submit to a new power . the dr. thought to clench the business by the word final , but , as ill luck would have it , it has spoiled all : for the dr. in his case of allegiance , has observed , that the usurpers being placed in the throne at present , and the lawful prince removed , does not prove , that it is god's will it should alwaies be so . and upon this argument he founds the ejected prince his legal right . now , if this determination is of an uncertain continuance , it cannot be termed final ; for providence may reverse it in a short time , for ought we know to the contrary . farther . either this determination is final , or not ; if it is , then god cannot restore the rightful prince , nor dispossess the intruder : and is not this to confine him to events , i. e. to human actions , and to hinder him from the free disposal of kingdoms ? if this determination is not final , then it signifies nothing ; for by implication from the dr's argument , it draws no allegiance after it . besides , the reader may please to take notice , that i have proved above , that events are no declarations of the will of god , nor any good grounds for practice ; especially when they are neither agreeable to the rules of justice , nor warranted by express revelation . the dr's next argument for a disparity between usurpers and robbers , runs thus . kings must be throughly settled in their government before it becomes unlawful for subjects to dispossess them . therefore to make the case parallel ; he who seizes another man's estate , must be throughly settled in it , before it becomes vnlawful to dispossess him : but that no private man can be , who is under the government of laws , and has not the possession of his estate given him by law. under favour , i conceive the case is exactly parallel . for instance ; if a man picks my pocket , and runs away with the money , it must , by the dr's principles be his own ; for the event is clearly on his side : he has possession as well as an usurper , and the same countenance of law for keeping it . he has moreover the consent of the great body of pick-pockets , who all submit to his success , and acknowledg the justice of his title ; and , who can now deny his being throughly settled in the money ? if the dr. replies , he may be punished , and obliged to refund , provided he can be seized . i answer . so doubtless may an usurper be served , if the lawful prince can catch him . but then it follows , that so long as he remains undiscover'd , he is , i can't say a legal , but a providential proprietor , and therefore not bound to restitution . however , to give the dr. entire satisfaction , i shall not insist upon his concealment , but bring him into open view ; which may be done without disturbing his settlement ; for it often happent , that thieves , with a guard of their own perswasion , retire into boggs and mountains , where , though the true owners know their retreat , there is no coming at them . now , as long as they remain in these impregnable circumstances , together with the advantages i just now mentioned , i can't see the least colour of reason from the dr's principles , why they should not have a divine right to all their booty . lastly , the dr. to prove these two cases unparallel , apprehends a great difference between a legal right to the crown , and the legal rights of subjects to their estates . — in settling estates there is nothing more required , but a meer human right : but to make a legal king , besides an human right to the crown , he must have god's authority ; for a meer human right cannot make a king. this the dr. urges , to obviate an objection , that it is as wicked and unjust for subjects , whatever their circumstances are , to own any other prince , but the l●gal heir , as it would be for tenants to pay their rent to any but their true legal lord. but his answer is by no means satisfactory . for , . i have proved , that an usurper has neither human nor divine right ; and therefore i desire the dr. would not bring him in for his share of privilege , among legal landlords , and legal kings , till those arguments are answered ; for certainly , he that has no right or authority , ought not to have the same treatment and duties paid those with those that have . ly . if a private landlord , who , it seems , has no more than a meer human right to his estate , does not forfeit his title by being unjustly disseized , why should a prince be in a worse condition , who claims under greater advantages , and has the laws of man , and the authority of god to secure him ? if a single legal right is able to hold out against force and intrusion , one would think it should improve by being doubled , and not grow weaker by having divine authority superadded to it . now the dr. grants , that every legal prince is fortified with divine authority ; and therefore , if violence cannot extinguish a private right , it must be , if possible , less prepared to do any execution upon a crown . ly . to take away the difference the dr. apprehended between private and publick property , i answer , that if he means by meer human right , an authority from men , only as men , without any higher original ; then there is more required for the settling an estate than a meer human right . for , men abstracting from the commission they receive from god , and the subordination he has placed in the world , are all equal , and have no authority to make laws and and bind property ; they have no superiority of nature over each other ; they have no prerogative from creation , from preservation , from omniscience and omnipotence ; they have neither heaven nor hell at their command , and therefore have no reason to claim a jurisdiction over their fellow-creatures in their own right . if their laws had not their sanction from a superiour authority , it would be no sin to break them , for every one might take his measures as humour or interest should direct them : therefore , to keep the world in order , god has confirmed human laws with his own authority , and threatned to punish the violations of them with no less than damnation . from whence it follows , that whoever has an human right to an estate , has likewise a divine authority to secure it ; for we are commanded to obey the ordinances of man , by god himself , and property is of his appointment : so that as long as the human right to an estate continues , the owner enjoys it , by god almighty's order and appointment ( unless he declares expresly to the contrary ) which , doubtless , carry his authority along with them . 't is true , private proprietors have not a divine authority for the same great purpose with princes ; they have it not to govern , and make laws ; to represent the majesty and soveraignty of god ; but they have it to fix the bounds of meum and tuum , no less than princes have to assure their government . farther . if kings , as the dr. grants , are made by a divine authority , their publick acts , particularly their laws , must have the same privilege : for those acts which are but executions of the royal office , and for which the office it self was intended , must have the same authority with the office ; and if the laws of kings have a divine authority , the estates which are settled by those laws , must partake of the same advantage , and have more than a meer human right for their security . thus i have considered what the dr. has urged for a disparity between usurpers and private robbers , and unless he has something farther to say in his defence , the consequence i have drawn upon this head must stand in full force against him . the next objection which the dr. endeavours to remove , is the instance concerning ioash and athaliah , which , he says , was a peculiar case , because god had entailed the kingdom of judah on the posterity of david . i have made it appear above , that there is no difference between an human and a divine entail , as to the strength and firmness of the settlement , because they are both founded upon god's authority . but since the dr. has endeavoured to reinforce his answer in his vindication , i shall briefly consider what he has there alledged . first , the dr. grants , that princes have their authority of government , and consequently of making laws from god. but yet we are to think divine political laws much more sacred and universally obligatory than meer human laws . 't is confessed , that divine laws are to be preferred to human upon several accounts , but this difference does not in the least affect the obligation of the subject , and therefore is nothing to the dr's purpose . however , it may not be improper to point out the circumstances of advantage : by the way we may remember , that we are not now disputing about moral laws , but only those which are positive and political . now , the preference which divine laws of this nature ought to have above those which are meerly human , depends upon these following reasons . . because of the solemnity of their publication , they are deliver'd in a more majestick manner , proclaimed by miraculous and extraordinary appearances of nature . these advantages of promulgation exhibit the authority of god as it were visibly to the senses of the people , and make a more reverential and lasting impression upon their minds , than any human grandeur and magnificence can do . . divine laws oblige the conscience by a direct and immediate authority , for god is that one law-giver , who has an original and independent authority over us . as for the ordinances of men , they do not bind in vertue of their own right , but only upon the account of a delegated power , because god has commanded us to submit to them for his sake , because they are made by those who are his ministers , and act in his name . . divine laws are preferrable in regard of the excellence of their matter ; they are the results of infinite wisdom and goodness , and exactly proportioned to the circumstances and convenience of those for whom they are made : there is nothing of over-sight , passion , or private design in them , to which imperfections human laws are liable . upon these three accounts , the laws which are of god's own making , ought to be more highly esteemed than those published by human governours . but then these advantages have no relation to the sanction , nor hinder the obligation to obey , from being the same in both ; for where the reason of obedience is the same , the duty must be so too . now human laws being confirmed by god's authority ( which is the ground of our obedience ) as much as those which are called divine , our consciences must be equally engaged to both . 't is true , the divine authority is somewhat more remotely conveyed in human laws than in the other ; but this distance does not make the obligation less obligatory , nor give the subject any liberty to dispute ; for , as the orders of a prince are to be obeyed , tho' delivered by inferiour magistrates , so god expects our submission and complyance , as much when he commands by his representatives , as when he does it more immediately by himself . and therefore , what the dr. observes concerning divine political laws , that they are more universally obligatory than any meer human laws , is not always true ; and when it is so , it does not proceed from the kind of the law , but the privilege of the legislator . i say it is not alwaies true ; for the mosaick ceremonies were divine laws , but these laws were in force only in palestine , and among the nation of the jews , and therefore the obligation to obey them could not reach so great an extent by far , as an edict of the babylonian or persian monarchs , whose empire was much larger . 't is true , a divine political law may be more universally obligatory than a meer human one , because god is universal lord , and has a right to govern all mankind ; which , it 's likely , no one prince will ever have . but this disparity , if it should happen , does not proceed from the unequal authority of the laws , but from the different jurisdiction of the law-makers : the one , it 's granted , may command farther , but the other within its proper precints is equally valid . the dr. affirms , that the dispute between divine and human laws , and a divine and human entail of the crown , are of a very different nature . but here he makes a distinction without a difference ; for , are not all entails grounded upon law , divine upon divine , and human upon human laws ? therefore in disputing the entails above mentioned , we must debate the nature of human and divine laws , because these are the basis upon which the respective settlements are supposed to stand : from whence it will follow , that if the authority of divine and human laws is the same , the entails depending upon either of them , must have an equal firmness . this consequence it 's likely the dr. foresaw , which made him run out into a mystical discourse about providence ; which principle i have already undertaken , and proved , that providence , as the dr. understands it , is no rule of practice : however , i shall consider the remainder of this paragraph a little farther . now , the dr's reason why a divine entail is stronger than a meer human one , is , because the first is founded upon express revelation ; the later has nothing more than a providential settlement of the crown , upon such a family ; but providence is not to be expounded against the express revelation of god's will. to this i answer , that an human entail has a great deal more to plead than the dr's notion of providence . it has a legal right to support it's title , which gives it an equal firmness with a claim made from divine designation : for we have plain texts of scripture to submit to the constitution of our respective countries , and to look upon our lawful governours as god's ministers . and since a legal right is fortified with express revelation , it must have an equal privilege with a divine entail , and carry it against all providential pretences , by the dr's own argument . he goes on , and attempts to prove the difference between divine and human laws , as to their force ; because in the first case the authority of god gives an immediate divine authority to the laws made by god ; in the other case , the authority of god terminates on the person , and does not immediately affect his laws . to this it may be replied , . that according to the dr's description of a divine law , there are few or none of this character to be found , either in the old or new testament ; for the mosaick law was given by the disposition of angels ; and the gospel was delivered by the apostles . 't is true , those precepts given by our saviour , may be said to proceed from a supreme and soveraign power . but then we are to consider , that his humanity was the organ of their conveyance : so that by our author 's reasoning these practical manifestations of the will of god , are but human or angelical laws at the highest : for , not being delivered by the deity himself , the authority of god must be conveyed at a distance , and terminate on the person of the minister who represents him ; and by consequence cannot immediately affect his laws . now , this immediate conveyance is the dr's distinguishing privilege , which he makes essential to the character of a divine law : and therefore i would gladly know why an entail , grounded only upon a prophetical or angelical law , may not be over-rul'd by providential events , as well as an human legal settlement ; for angels have no original immediate authority , any more than kings , and kings are called elohim , gods , as well as the other ▪ and have as ample , and i may add , a more standing authority to govern mankind , than any of the heavenly hierarchy . now , if providence , understood in the dr's sence , ought to have the same effect upon those laws , which were given by angels or prophets , as upon others , which are meerly human , as by his argument it must have , then ioash's entail was cut off by athaliah's possession , and iehojada was guilty of treason for deposing her . dly . it 's not at all material as to the dispute in hand , whether the divine authority affects the laws of princes immediately or mediately ? as long as we are certain of the thing , the manner of its conveyance is no abatement of the original vertue . the dr. grants , that princes have god's authority to make laws . now god's authority to make laws , implies a right to make them : and since , as the dr. observes , there are no degrees of right , there can , for the same reason , be none of authority ; and therefore it must be full and perfect where-ever it is . if the divine commission of an human law-giver is certain and unquestionable , we need enquire no farther ; for god's authority receives no prejudice by being delivered to his representatives : so that provided the truth of the thing is secured , the way of its coming to us , whether by removes , or not , signifies nothing ; for in this case the distance of the conveyance does not in the least weaken the force of the operation . what the dr. adds concerning divine laws , that they have 〈◊〉 superior authority to all human laws , is true , but foreign to his purpose ; for god can null his own laws , as well as those which are purely human , as he has actually done in the mosaick dispensation ; so that the possibility of a divine repeal does not make any difference between human and divine laws , they being both of them equally liable to such an alteration . besides , we are to observe , that though god can repeal the laws made by himself , or his representatives , yet we are by no means to suppose , that events and providence , as the dr. takes it , are any authentick declarations of the divine will. his instance in the by laws of a corporation , is likewise unserviceable ; for these private laws , within the precincts of the respective towns , have the same force with the more general laws of the kingdom , provided their charter is comprehensive and full , and granted by those who have the entire legislative power ; which last privilege cannot be denied to god almighty ; and therefore his authority must be as strong in the delegation as in its more immediate exercise . the dr. in his case of allegiance , to which i am now returned , endeavours to gain a text in hosea , from the usual interpretation , and make it consistent with his principles . here , as the dr. observes , god expresly charges israel with making kings without him ; they have set up kings , but not by me ; they have made princes , but i knew it not . to this the dr. replies , that this was not true , as to all the kings of israel , after their separation from the tribe of judah . if it was true of some of them , it 's sufficient to justifie the objected exposition against him . this answer therefore being perfectly inoffensive , i shall pass to his second , in which he argues , that baasha slew nadab the son of jeroboam , and made himself king without god's express nomination . and yet god tells him , i have exalted thee out of the dust , and made thee prince over my people israel . now , if there were any difficulty in this text , the dr. has effectually removed it in his case of resistance ; the passage is not only well managed , but stands unrecanted . and thus it is . god having threatned to destroy jeroboam ' s whole family , baasha fulfills this prophecy , by the trayterous murther of nadab , ( who succeeded his father jeroboam in the kingdom ) and usurped the government himself , and slew all jeroboam ' s house . this murther and treason is numbred among the sins of baasha ; for which god afterwards threatned to destroy his house , as he had done the house of jeroboam . and yet he having usurped the throne , and got the power into his hands , and no man having a better title than his , god is said to have exalted him out of the dust , and made him prince over his people israel . — all which plainly shews , that where there is no regular succession ( i. e. where the kingdom is not hereditary , or the royal line is extinct ) to the kingdom , there possession of power makes a king. from whence it follows , that where there is a regular succession established , and an undoubted title , there meer possession of power does not make a king. if the dr. can confute this reasoning , he may remember it is his own . but in my opinion it is unanswerable ; and so i shall leave it , and proceed to the d. which he calls the true answer to this text of hosea ; by which character we may understand what he thought of his two former . in this answer he affirms , that israel was originally a theocracy , ( he must mean , after the revolt of the ten tribes ) as well as judah ; and though god at their request allowed them to have kings , yet he reserved the appointment of them to himself , and appointed jeroboam to be their first king : therefore the fault the prophet taxes them with , is , their omitting to consult god for his nomination , after jeroboam 's and jehu 's line were cut off ; for these were the only kings named by god. but by the dr's argument the ten tribes should have consulted god about a new king , immediately after ieroboam's death , because his line was cut off ; for the crown was promised to his posterity , upon condition of his own good behaviour ; which condition was notoriously broken by him . i might likewise observe , that it 's very unlikely the prophet hosea , who lived so many generations after ieroboam and nadab his son , should charge the children of israel with an omission at so great a distance of time , which no mortal then living could possibly beguilty of . but to come closer to the dr. the theocracy was determined when baasha made himself king ; as the learned dr. spencer has proved to satisfaction : the theocracy ( says he ) was mightily weakened , and in a manner expiring under saul and david , but was quite as it were extinguished under solomon . when the kingdom was made successive , and the ark fixed in the temple , and the vrim supposed to be no longer oracular , — then it was plain , god had given up the government , and resigned the political supremacy to the kings of israel . if the reader is desirous to see this argument managed at length , he may consult the author ; for to avoid tediousness , i have cited him but briefly . indeed , i need not make much search after authorities , for the dr. in his case of resistance , speaks as home as one would desire ; he there observes , that after saul was chosen king , the government ordinarily descended not by god's immediate choice , but by the right of succession , ( though now he is pleased to contradict it . ) and having given an account how the face and motions of the government were changed , and that the jewish monarchs , in their councils , in their state , and defence , were conformable to their neighbours . he adds , therefore the government of israel by kings was like other human government , liable to all the defects and miscarriages which other governments are ; whereas , while the government was immediately in god's hands , the administration , as he goes on , was under a quite different management . so that we see the dr. has given up the theocracy rather sooner than the learned author i quoted before . now , if the theocracy was determined before israel and iudah were parted into two kingdoms , we have farther reasons to believe it had its period after their division , especially in the kingdom of israel ; for in that kingdom there was neither tabernacle , nor temple , nor ark ; there was no regular authorized priesthood ; no vrim and thummim , no symbols of god's presence , excepting the calves at dan and bethel , which were unacceptable to him. 't is true , they had prophets sometimes sent them ; so had the ninevites , and other neighbouring nations ; where they were very far from being under god's immediate government . and therefore though the theocracy should have continued till this time in the kingdom of iudah , we have no reason to believe the ten tribes in the same condition ; for they wanted the signs of the theocratical superintendency , the organs of inspiration , and the ministers , by which god was wont to execute his orders , and direct the state. now , what does the dr. bring to confute himself , and the reverend dean , and the inference i have drawn from them ? why , nothing but that ieroboam and iehu were made kings by god's immediate designation : but this remark does not come up to the point ; for nebuchadnezzar had several countries given him , by god's express designation , and yet the babylonian monarchy was never taken for a theocracy . the dr's next essay is , to prove , that this doctrin of allegiance to the present powers , is founded on the same principle with the doctrin of non-resistance and passive-obedience , and therefore both must be true , or both false . this argument he knows some men will not like : which is no wonder , for i am pretty sure it 's no good one ; as will appear by examining his proof . he tells us , passive-obedience is founded on this principle , that god invests kings with his authority . true ; god does invest them with his authority ▪ when they are either appointed by his immediate designation , or claim their soveraignty by the constitution of the country ; for god declares , that the higher powers are his ministers ; and commands us to submit our selves to every ordinance of man , for his sake ; and confirms human laws with his own authority . so that where the laws make it treason to resist the prince , there the gospel makes it damnation . and upon this bottom the doctrin of non-resistance stands . but it does not follow from hence , that illegal powers are vested with god's authority : yes , says our author , this principle equally proves , that all kings who have received a soveraign authority from god , and are in the actual administration of it , must be obeyed , and not resisted . but here the dr. takes the matter in dispute for granted ; he supposes a king and an usurper to be terms equivalent ; he confounds the notion of authority and force , and inferrs a divine right from the actual administration of power . now i have made it appear , that king is the name of right , not of meer force ; that authority and power are things vastly different ; that usurpers have no authority from god , neither soveraign nor unsoveraign ; and that their actual administration of government is no more an evidence of a commission from heaven , than any other success of private injustice : therefore , unless he can disprove what i have urged upon these heads , there is no danger of his making passive-obedience dependent upon his new scheme . to the remainder of this paragraph i have given an answer already , which needs not be repeated . he complains , the old-church-of - england principles limit the providence of god in governing kings , and protecting injured subjects ; for , it seems , god has no way to do this , but either to turn the princes hearts , or to take them out of the world. very well ! and is not their reformation a sufficient redress of the peoples grievances ? or are they not punished if they are damned for oppressing their subjects ? besides , there are other expedients , as i have shewn , by which providence may correct princes and relieve the subject ; and if there were not , those remedies i have just now mentioned are much more intelligible than what the dr. prescribes ; for what can be a greater reflection upon an all-wise and almighty being , than to make him stand in need of the sins of his creatures ? as if the course of providence must be stopped , unless it were releived by perfidiousness and rebellion : as if god could not govern the world without setting it on fire ; nor work any deliverance without involving whole nations in guilt , and blood , and ruin. if this is not confining providence with a witness , i am much mistaken . and tho' the dr. seems to lament the subject's misfortune , because the old principles deny them the liberty to own an illegal prince , though he would be never so kind to them ; yet i conceive , he will have no reason upon second thoughts , to be dejected at this consideration : for people are sometimes very liberal in disposing that which does not belong to them , and bribe high , at least in promises , to gain their designs : but if every one might engage with those who would be kind to them , without any regard to virtue and honour , private families would be very much disorder'd , and the dr. might possibly be a sufferer by this latitude himself . and why must that usage be put upon princes , which , if it was offer'd a private person , would be thought a great injury ? since the duties of subjection are bound upon the conscience , as strictly as any domestick relation , we ought , doubtless , to take our lot , for better for worse , and not be governed by our inclinations in these matters . however , it seems hard that we must refuse our deliverance , and not allow god to deliver us unless he do it by law. but waving the familiarity of this last sentence , i answer ; that we have no reason to believe any deliverance comes from god , unless it 's managed in a regular defensible way : to the law , and to the testimony , if they speak not according to this , it is because there is no light in them . he whose character it is to still the madness of the people , we may be sure , will never authorize and encourage it . the righteous god of peace always speaks in the still voice of law and justice , and is never to be found in popular commotions , nor in the tempests of rebellion . but if this argument fails , he has another , which is more considerable at hand , viz. the necessity of government , to preserve human societies ; for human societies must not dissolve into a mobb ; or mr. hobbs's state of nature , because the legal prince has lost his throne , and can no longer govern , — the preservation of human societies does of necessity force us to own the authority even of vsurped powers . — i believe it will be hard to perswade any considering men , that that which in such cases ( in revolutions ) is necessary to preserve a nation , is a sin. — for the end of government is the preservation of human societies , — and the great law of all . in answer to this argument , i shall endeavour to prove these three things upon the dr. i. that he over values the preservation of societies , which ought not to be maintained by irregular and unjust actions . ii. there is no reason to apprehend , the strictness of the old principle should dissolve a country into a mob . iii. if this event should sometimes happen it would turn to the general advantage of society . . society ought not to be upheld by acts of injustice . since god does not allow private persons to preserve themselves by injuring their neighbours , why should we imagine he grants this liberty to great bodies of people ? unless the universality of an evil practice can change its nature , and correct its malignity . does god hate injustice in private persons , and permit it at the same time to whole communities ? it 's somewhat strange , a multitude should not be bound to the common laws of justice and humanity ; and that sinners should grow saints , meerly by crowding together . and if this supposition is absurd , then certainly justice and moral honesty are to be preferr'd before the concerns of society . now , to deny any person his right , much more to break the fundamental laws of a kingdom , is certainly injustice , and therefore the number of adherents can't alter the quality of the action , though they may aggravate the crime . 't is true , self-preservation is a good thing , but as some people order the matter , we shall have little left worth the preserving . when we talk of preserving our selves , we should comprehend the whole interest of human nature , especially the nobler part of it , and not confine our notion to the satisfactions of epicures and atheists . we should take care to preserve our integrity , as well as our wealth ; our reputation , as well as our ease ; and our souls , as well as our bodies . which cannot be done , unless the measures we go by are regular and defensible . to illustrate this general discourse by an instance , let us suppose a whole country or nation reduced to such streights , that they have no other way to save their lives , but by turning turks or heathens ; what is to be done in this case ? have they the liberty to comply , or must they submit to the penalty ? if they may comply , the evangelists were mistaken , and the martyrs self-murtherers . if they may not , it follows , that some things may be necessary to the preservation of a society , which are notwithstanding utterly unlawful . and , that the general danger of refusing to comply with an imposition , does not make the complyance warrantable ; tully , though a heathen , could say , that there some things so lewd and flagitious , that a wise and virtuous man would not be guilty of them , tho' his country lay at stake . and elsewhere he tells us , that to take away that which belongs to another , and to enrich our selves at the disadvantage of our neighbour , is a greater contradiction to nature ( and by consequence ought to be more avoided ) than death , than poverty or pain ; and in short , than all the accidents which can happen to life or fortune . again . the law of nations , which stands both upon an human and divine authority , does not suffer us to make our selves rich or powerful with the spoils of others . the same author cites several noble precedents ( as he calls them ) where the publick was concerned , in which honour and honesty were valued above the considerations of security and power . amongst other instances , he gives one concerning themistocles , who told the athenians at a publick meeting , that he had something to propose very much to the advantage of the state , which was not convenient to mention in that place , and therefore desired they would assign him a proper person , to whom he might communicate it . they ordered aristides to attend him . themistocles tells him , that the lacedemonian fleet , which was laid up at gytheum , might be burnt , provided the matter was managed with secrecy ; which loss must of necessity ruine the lacedemonians . upon the hearing of this , aristides comes into the assembly , and makes his report in general terms ; that themistocles's proposal was indeed useful , but by no means fair and equitable : the athenians understanding this , and not believing that any thing which was dishonest could be really serviceable , damned the whole project upon aristides's authority , without so much as hearing it . in this discourse he likewise observes , that the stoicks had such an esteem for justice and generosity , that they positively pronounced , that nothing which was mean and dishonest could be really profitable . the peripateticks , another famous and numerous sect of philosophers , though they held , that honesty and interest might sometimes be separated , yet they owned at the same time , that the first was always to be preferr'd to the latter . i wish these heathens don't rise up another day , and condemn some generations of christians , who with all their advantages of revelation fall so unfortunately short of natural religion and pagan virtue ; who startle at the meer idea of justice , and can't bear the confinements of honesty so much as in the theory ; whose principles and practices tend to no other point , but to debauch and debase mens spirits , to make them mean and mercenary , and indifferent to right or wrong . in short , government had better be dissolved than upheld by unlawful means . god never intended society should be made a sanctuary for vice , and serve only to promote the ends of injustice ; people had better live singly and dispersed , than incorporate for mischief , and be tyed together with the bands of iniquity : if men can't be honest in company , let them break up and retire into solitude . there is a necessity for a man to keep his faith unbroken , and his honour untarnished ; but it 's not necessary to live either in towns or villages , or indeed any where else , when life must be bought at the expence of virtue and conscience . if ease , and the regaling our senses are to be preferr'd to truth and justice , it 's time to resign up the privileges of human nature ; instead of pretending to these things , we ought rather to go down upon all four , and resemble the shape and posture , as well as the qualities , of irrational creatures . is it not much more eligible , to be dissolved into mob , than to range our selves in order , for the support of injustice , and to play tricks in mood and figure ? let us rather chuse to wander in desarts and mountains , in dens and caves of the earth , than combine , like the men of sodom , for lewdness and violence ; for the pretence of a community is no good plea for immoral actions , nor any shelter against fire and brimstone . fiat justitia & ruat mundus ; better no world than no honesty . but . there is no reason to apprehend the strictness of the old principle should dissolve a nation into mob ; for , the usurper's interest will be sure to keep up the face of a government ; there seldom wants complyers in such cases , to supply the courts of justice , and to take care of publick administrations . a lawful prince is never dispossessed without a powerful faction , who will be sufficiently vigilant to nurse up their new settlement , and to throw their irregularities into the usual form . and therefore , as we have no warrant , so neither have we any necessity to own a pretended authority , or to engage in the business of government ; for there is no fear , but that there will be ambition , covetousness , cowardice , and other ill principles enough , to fill up the vacant places , and to manage the concerns of this nature . but ▪ . supposing this event the dr. is so careful to provide against , should happen by disowning the usurpation , it would produce very good effects . for , . such a general disorder would disappoint the revolters of the advantage they designed . now , if their expectations were always baulked , this would be a mighty check to faction and ambition , and we should seldom see any wickedness of this nature attempted . if men had no prospect of building up another government in the room of that which they pull down , nor any hopes of thriving by their rebellion , the world would not be plagued with incendiaries and traytors so often as it is . if confusion , and a kind of civil chaos , was the necessary consequence of a defection ; and there was no likelihood an usurpation should ever settle into any order and consistency ; there would seldom be madmen enough in a nation to overturn the constitution ; for the worst of people don't love danger for danger 's sake : 't is true , they have no regard to conscience , but they have a tender sense of every thing which is offensive to their ease , and prejudicial to their temporal concerns , and will no more do an ill action than a good one , when it looks so frightfully upon them , and is apparently against their interest . dly . when an usurpation is actually on foot , the best expedient to re-establish the dispossessed prince , is , to let the state fall into disorder ; for , if the illegal powers were generally disowned , if their commissions were refused , their pretended courts neglected , and the places of government unsupplied ; if all things were thus disjointed and out of frame , it would introduce an happy change , and justice would soon recover her jurisdiction . the making a lawful government essential to the peace and being of society , will mightily refresh the allegiance of the people , recommend the doctrines of loyalty , and encline the subjects to return immediately to their duty : if for no other reason , yet because they see they cannot live tolerably without it : and when the majority of a nation agree in a desire , they are seldom long before they are masters of their wishes . in short , whatever maxims render an illegal possessor unacceptable ; whatever shocks the general security , and throws the state into convulsions , must by consequence promote the recovery of the lawful prince ; whereas a principle of latitude , which contrives an usurpation regular and easie , is the way to fix it , and to make the subject acquiesce , and grow indifferent , whether the title is good or bad ; for many people are too much governed by secular regards , and don 't love their concerns should be ruffled , and their pleasures interrupted for the best cause whatever . dly . a general disorder would effectually discover the wickedness and danger of an usurpation , and create a proportionable aversion . such confusions would make men abhor the thoughts of disloyalty , and start from it as from an apparition . they would go with the same forwardness and concern to suppress a rebellion , as they would to put out a fire , or stop a sea-breach : a rebel then would be looked on as a monster of mankind , and hooted from conversation and day . now , such apprehensions as these must contribute very much to the establishment of justice , and the peace of society : and though the disowning an illegal power might possibly for a little time dissolve a state into its first principles , yet , like ore , it would improve by melting , and be refined into a more shining and solid body . this would prevent the frequent returns of usurpations , and make them much more impracticable and uncommon . now , the design of government is , to provide for the general advantage of mankind ; and that state is best contrived which is liable to fewest miscarriages ; and therefore it 's a maxim with us , that the law will rather suffer a mischief than an inconvenience ; i. e. it 's much better for a kingdom to have particular persons , or times , exposed to hazard and misfortune , than to be made up of principles of ruin , and have mala stamina in its constitution . and though the justice and regularity of the mobile are no desirable things , yet a civil war , raised by rebellion , is a more terrible and lasting evil , and occasions more bloodshed and desolation . farther . it 's not amiss to ask upon whose account the appearance of government is to be secured under an usurpation ? would the dr. have all this care taken for the sake of revolters ? must the laws be broken , and justice be banished , that people may live at ease in their sins , and enjoy the advantages of rebellion ? must they not be disturbed , left they should repent and be saved , and for fear honest men should have their own again ? if this be the dr's aim , he seems indulgent to an excess ; for government was never intended to be a protection for wickedness : and as revolters don't deserve that affairs should be put into this easie posture , so those who are truly loyal don 't desire it . they know it 's their duty , and the main design of their allegiance , to stand by their prince , when he is under a disadvantage : they are willing to be governed by those maxims by which the crown may be most effectually served ; which promote the most comprehensive and lasting interest of government , and tend to the support of justice . they know it 's decent and reasonable the subjects should suffer under a rebellion , as well as the prince . besides , since , as i have proved , allegiance is due to the king out of possession , and the subjects are bound to assist him in the field upon demand , it follows by parity of reason , that they are bound to run the same hazards any other way , rather than renounce their soveraign ; for the same allegiance which obliges them to venture their lives in the field , does likewise oblige them to stand the shock of the mob , or of a more settled usurpation . the pretences of hazard and disadvantage are uncreditable and unjustifiable motives to desert the crown , and ought to be over-ruled by decency and duty . it would be counted an odd remonstrance , if an army , upon their being ordered to fight the enemy , should tell their general , that his orders and interest was to give place to the security of his troops : that the design of their being listed , was only to be disciplin'd , and receive their pay ; but as for fighting , there was a great deal of danger in that . they knew well enough , that a battel could not be managed without some-bodies coming short home : and since death would certainly light somewhere , it was every person 's concern to avoid it : for their parts , they were an innocent and conscientious army , and therefore it 's very unreasonable to press them to lose their lives and their baggage , upon the account of any cause or engagements whatsoever ; for , it can be no good principle to expose such honest men as they are to the greatest sufferings . now this is but an untoward excuse , but would be a very good one , if the consideration of danger , or the vertue of the subject , was sufficient to null the obligation of oaths and allegiance . these observations i have set up as counter-principles to the dr's . and must leave it to the reader to judge , whether those principles which discourage rebellion , and press hardest upon usurpation ; which assure the fidelity of the subject upon all emergencies , and create a good understanding between prince and people , do not answer all the ends of government , better than those other doctrines , which assert the divine authority of power ; that different degrees of submission are to be paid proportionably to the growth and success of an usurpation ; that the oath of allegiance is a national oath , and that the minor part may be absolved by the majority : and that the preservation of societies , though they are no better than that of romulus , is the great law of all . now one would think it required no great depth of understanding , to determine the case ; a moderate proportion of unbyassed reason will inform us , that those principles which have the fore-mentioned advantages , which promote the improvement of humane nature , which oblige us to good faith , and gratitude ; and give life to generosity and honour , are much to be prefer'd to others , ( in point of security ) which have a quite contrary effect . the dr. observes , that self-preservation is as much a law to the subjects , as to the prince ; ( he means the subjects have the same privilege by it ) and he is as much sworn to govern his subjects , as they are to obey him : and if the necessities of self-preservation absolve him from his oath of governing his people , the dr. desires to know why the same necessity , will not absolve subjects from their oaths to their prince . now i think , this question is easily answer'd : for self-preservation is allowable , where the means are lawful , and not otherwise now there is no law which bars a prince from visiting a foreign country , or from travelling from one part of his dominions to another . the coronation-oath does not bind him to impossibilities , nor oblige him to govern those who bid him defiance , and will not be govern'd . it 's none of the duties of a king to sight whole armies singly , or to stay amongst his rebellious subjects , to be outraged in his person and honour . but on the other hand , it 's not impossible for subjects to stand off from an usurpation , and to reserve themselves for their dispossessed prince ; and that their natural and sworn allegiance obliges them so to do , has been proved already . it 's in vain therefore to insist upon the plea of danger , when we are under these solemn pre-engagements : if self-preservation will absolve us from our oaths , and justifie our breach of faith , we may excuse any other apostacy upon the same score . but government and allegiance , it seems , are such relatives , that the one cannot subsist without the other ; if the prince cannot govern , the subjects can't obey , and therefore , as far as he quits his government , he quits their allegiance . the dr. talks of quitting the government , as if there had been a resignation in the case , and the subject had been discharged under hand and seal . now certainly there is a great difference between the king 's throwing up the government , and the peoples throwing up their king. yes , the dr. grants he may , notwithstanding his dispossession , have a legal right to allegiance , and the crown ; and from whom is this right due ? from the people ; then sure they ought to give it him , and by consequence the relation continues . no such matter , says our author , the subjects can't pay him their allegiance , without his being restored . let them stay then till they can ; if a man ows a sum of money , and can't pay it at the day , is this either a legal , or an equitable discharge of the debt ? is there any reason the creditor should forfeit , for the insufficiency or knavery of the debtors ? an honest man , if he can't give full satisfaction at present , is willing to pay as far as he is able : above all things he will avoid assigning over his estate into such hands , which he knows will not only defraud the right owner , but employ his money against him. the dr. both here , and in his vindication , goes upon the old mistake , that meer actual dominion , and soveraign power make a king , and compleat the royal part of the relation : but this is begging the question , as the dr. seems sensible , by the objection he raises in his adversary's behalf , which with a little improvement , will contain an answer to what he has further urged . it is to this purpose : the relation between king and subject must continue as long as the fundamentum relationis , or , the ground of the relation continues ; which ground being built upon legal right , while this right remains , the dispossessed prince is still king , and the subjects owe him their former allegiance . and what has the dr. to say to all this ? truly as little as a man would desire . he tells you , that a legal hereditary right is not the fundamentum relationis , the foundation of that relation which is between prince and subjects ; for then there would be no foundation for such a relation in any but hereditary kingdoms , which is a mistake . but , pray who says hereditary right is the only ground of the relation between king and subject ? the dr's adversaries affirm no such thing ; they say , that this relation is founded upon right in general , according to the nature of the constitution ; in hereditary kingdoms , upon hereditary right ; in elective kingdoms , upon elective right ; and where the person is nominated by god , the ground of this relation is a right from revelation . neither do these different foundations , as the dr. calls them , ( which are nothing but diversify'd right ) affect the authority consequent upon them ; the different ways of acquiring soveraignty , does not work any change upon the royal prerogatives , nor hinder the relation between king and subjects from being the same . the dr. foresaw it would be objected , that an immoveable and unalterable allegiance is the best principle to prevent all revolutions , and to secure the peace of human societies ; as , i think , has been made good already . now , his answer to this objection is ( were the subject less important ) entertaining enough . for ( says he ) if this principle would prevent all revolutions , it 's a demonstration against it , that it 's a bad principle , a meer human invention , which cannot come from god. it seems then we are all ruined , if we have nothing but peace and quietness amongst us . if there is not care taken for the returns of rebellion , to destroy and debauch mankind , the world in a little time would be insufferably over-stocked with honesty and numbers . i will say that for the dr. he has provided against this inconvenience as well as any author living . but in earnest , can't god remove and set up kings , unless the sins of the people help him ; nor exercise his soveraign prerogative , without damning his creatures ? i hope i have made it appear , that a being of infinite perfections has no necessity to take such measures , or make use of such instruments as these : i wish those principles which imply such consequences as these , and several others of the same extraordinary tendency , are not something worse than a meer human invention . the dr. urges farther , against the sufficiency of this immoveably-loyal principle , that it has not force enough to attain its end ; and though it was too strong in the last objection , yet now , it seems , it 's grown too weak ; for it cannot prevent the revolutions of government , for there have been such revolutions in all ages . and what follows ? are such revolutions occasion'd by those principles which condemn them ? or , by the people , who desert or break in upon their principles ? don't men frequently ruine their health and their fortunes , and make themselves miserable , by their vices ? and ought we therefore to conclude , that god's laws , which provide against these mischiefs , are either defective or unreasonable ? i suppose not . but , those principles which expose the most innocent and consciencious men to the greatest sufferings , without serving any good end by them , cannot be true. and , is not the maintenance of right and the defence of the constitution , the tryal of integrity , and the giving a noble example , a very good end ? i 'm sorry if the dr. does not think it's worth a man's while to suffer upon these accounts : what he subjoins , that it s no true principle which obliges honest men to lose their lives in opposition to the government ; is a misrepresentation of the case ; for non-complyance with an usurpation is no opposition to the government ; for there can be no government without authority , nor any authority without right ; but right and usurpation are contradictions in terms . farther : to oppose the government , is to oppose the laws of the government , which cannot be done by adhering to a lawful prince , without destroying the very supposition , unless opposing and defending are the same thing . but if the dr. or any body else , should mean in general , that a principle which obliges honest men to lose their lives , &c. is not true , then by the same reason ; christianity is false ; for a great many honest men have lost their lives by suffering for this religion , and were obliged by their principles so to do . now , we are as much bound to the performance of justice , and the other duties of the second table , as to defend the articles of our creed : nay , the latter were revealed on purpose to enforce the practice of the former , to teach us to live soberly , righteously , and godly in this present world , and to make us a peculiar people , zealous of good works . what he mentions concerning the scripture , has been considered above . at last the dr. is pleased to own , that we must chuse rather to suffer than to sin ; but then we must be very sure , that it is our duty , that it is expresly enjoyned us by the laws of god or nature , before we venture to suffer for it . what if it is enjoyned us by undeniable consequence , is not that sufficient without a plain text ? i perceive the dr. is resolved to be a favourable casuist . farther . i would gladly know what the dr. means by being expresly enjoyned by the laws of nature : has the dr. any of nature's volumes by him ? i confess , i thought nature's laws had been written upon the minds of men , and never heard that her works were books , till now . but to end this dispute , the dr. may please to take notice , that whatever is expresly enjoyned us by the laws of the land , ( provided the matter of it is not sinful ) is likewise enjoyned us by the laws of god and nature ; for we are bound by the laws of god and nature to obey the constitution . the dr's harangue , in his next paragraph , upon the being of societies , and the safety and preservation of subjects , has been answered already . i shall now proceed to examin the answer he gives to the famous instance of the loyal nobility , &c. during the exile of king charles the second , who thought themselves bound in conscience to oppose that vsurpation , at their utmost peril . this the dr. calls a great prejudice , but no argument : for , if his principles are true , they might have complyed with those vsurpations . might they so ? then doubtless those brave persons , who chose rather to lose their estates and their lives , than own that pretended authority , were worse than infidels in st. paul's sence , and guilty of self-murther , because they did not provide for their families , nor preserve their lives , when it was lawful for them to do it . the comparison the dr. draws from the two revolutions of and , and his inferences from them , are , i think , the slenderest performance in his whole book , and in which he has given an adversary the plainest advantage . the dr. himself seems very sensible , that this part of the argument had no good colouring , and therefore has touched it over again in his vindication ; where he tells us , that they are two very different questions , when it 's lawful to submit to vsurping powers ; and , when it becomes a duty to do it ? it 's lawful to submit when we are under such a force as can compel us ; it 's our duty to submit when the government is throughly settled . in answer to this , i shall endeavour to prove , . that if it was lawful for the nobility , gentry , &c. to submit to the common-wealth and cromwel , it was their duty so to do . and , . that by the dr's principles they were obliged to submit to this usurpation . . if it was lawful for them to submit to the common-wealth , &c. it was their duty so to do . for , first , as i have proved above , subjects must own some authority or other , and are not allowed to live independently of all government . this proposition may likewise be made good , from the dr's principles ; for he elsewhere asserts , that subjects , when their government is violently changed , are at liberty to submit to the new government ; for force will justifie submission . now , though this principle is untrue , and rank hobbism ; yet since the dr. will have it , he must stand by the consequences . i argue therefore , that if force or conquest cancels the subjects obligation to the vanquished prince ; then they must always become the property of victory , and be immediately passed into the hands of a new master ; for all advantages of conquest ought to accrue to the conqueror . in a word , either conquest transferrs allegiance , or not : if it does not , it 's not lawful for the subjects to comply with a new government , because their former obligations are still in force : if it does , it must transferr it to the conqueror , and then it follows , that the people are not at liberty to submit , or not , at their pleasure . secondly , the dr's argument for his opinion is very surprizing ; for , what is the reason the subjects are thus turned loose , and enfranchized from all service and authority on the sudden ? has the prince resigned or given a discharge under the broad seal ? or , does the nature of subjection leave them at discretion , and bind no longer ▪ than they see convenient ? not so neither . whence comes it to pass then they are so perfectly sui juris , without a release ? why , its force and irresistible power , which puts them into this masterless condition ; its necessity , it seems , which has enlarged their freedom ; if they had not been conquered , they must have been slaves to their old master for ever : but now , since they are fallen into the enemies hands , and the sword 's point is at their throat , they may do what they list , and are as independent on all mankind as adam . i confess this is a wonderful privilege , and as wonderfully proved . thirdly , if upon a revolution , the people have the liberty to submit , or not to submit , then if they should all insist upon their privilege , and cry out for a state of nature , we must dissolve into a mob , ( which the dr. won't allow ) and which is worse , all government must be lost , only for the peoples humour . fourthly , by submission in this case , we must understand an acknowledgment of the right of the power we submit to . if the dr. takes the word in any other sence , he does but play with it . now , if the loyal party might submit to cromwel's common-wealth in this sence , they must own their government : but all government supposes authority , which the common-wealth could not have , by the dr's principles , unless they had either a legal or a divine right , to ground it upon : a legal right they had not by the supposition , therefore it must be a divine one . now , if they had a divine right , and acted upon god's authority , the people were undoubtedly under an obligation to obey them , and had not the liberty to comply or stand off , as they thought fit . fifthly , the dr. affirms , that neither the doctrin of our church , nor the laws of the land , pronounce it absolutely unlawful to submit to a prince ( an usurper ) possessed of the throne . 't is true , both these propositions are great mistakes ; as i have shewn from the laws , and from the convocation-book : and as to the doctrin of the church , the reader may have farther satisfaction ; if he pleases , from the history of passive obedience . however , since the dr. maintains the contrary , i shall argue from his own tenents against him ; that if neither the constitution of the church or state suppose it unlawful to submit to an usurper in possession , then we are under an obligation to submit , rather than disoblige our interest by non-complyance : for the dr. is sure the scripture teaches us ▪ to suffer patiently in obedience to government , but not to suffer in opposition to it . and for fear we should use our selves too hardly , he tells us , before we expose our selves to suffering , we must be very sure that it is our duty , that it is expresly enjoyned us by the laws of god and nature , before we venture to suffer for it . but it s impossible the loyal party could have any of this assurance for suffering under cromwel , if , as the dr. affirms , neither the laws of religion , nor of the land , declare it unlawful to submit to an usurpation . and therefore i think the great body of the nobility , gentry , and clergy , have reason to take it ill from the dr. for making their forefathers a company of mad-men , who , notwithstanding they had all imaginable authority and obligation from human and divine laws , to acquiesce , and consult their own safety ; yet out of a romantick notion of loyalty , chose rather to hazard their souls , and bodies , and estates , than submit to the determinations of god almighty , who is always supposed to set up a governour when by his providence he puts the soveraign power into his hands . . by the dr's principles , it was not only lawful to submit to cromwel's usurpation , but the people were directly obliged to it . for , . it 's well known , that the common-wealth of cromwel were absolute masters of the three kingdoms , and entirely possessed of the government . now , the dr. has solemnly told us , that since power will govern , god so orders it by his providence , as never to intrust soveraign power in any man's hands , to whom he does not give the soveraign authority . this usurpation therefore having soveraign power , in an high and irresistible degree , could not be disowned without rejecting god's authority , which certainly no man can have any privilege to dispute . . the dr. expresly averrs , that the preservation of human societies does of necessity force us to own the authority even of vsurped powers . and if we are under a necessity of owning their authority , one would think we could not have the liberty to refuse them . . the dr. observes , that our saviour's argument for paying tribute , relies wholly on the possession of power , ( without any mention of consent ) and inferrs from thence , that if this be a good reason , it 's good in all other cases ; that we must submit to all princes who are possessed of the soveraign power , and are in full administration of government . and can the dr. deny these advantages to the usurpers upon k. charles ii ? no : there was not so much as the least garrison which held out against them . and as for the administring part , all affairs , civil , military , and ecclesiastical , were managed solely by their direction . . if we were unprovided of other proofs , a few questions in the dr's words would decide the controversie . i desire to know therefore , whether god rules in a kingdom while an vsurper fills the throne . particularly , did god govern in england , scotland , &c. from , to ? if he did , who was it he governed by ? not by k. charles ii. for he was dispossessed : it must therefore be by the common-wealth and cromwel , to whom the government was disposed by god's own will and counsel : for , to allow no more than a divine permission , is , in the dr's opinion a great error : for , will any man say , that god governs such a kingdom , as is not governed by his authority and ministers ? does providence and government signifie only his permission ? — to resolve providence into a bare permission , especially in matters of such a vast consequence as the disposal of crowns , is to deny god's government of the world. now , if cromwel , &c. did not rule these kingdoms barely by the permission of providence , but had god's positive authority , and bore the character of his ministers , then their right was unquestionable , and their persons sacred , and it was great wickedness to resist or disobey them . and since the dr. has laid down such notions as these , concerning providence , and given such prerogatives to power , it 's too late for him to recall his liberality to the rump and cromwel , he must not think of unsettling them again , for want of a national consent , unless he has a mind to recant the main of both his books : for , if they had god's authority on their side , the people , whether willing or not , were bound in conscience to obey them . however , i shall briefly consider what the dr. offers to disprove the settlement of the fore-mentioned usurpation . he tells us , the convocation all●dges two ways whereby a government , unjustly and wickedly begun , may be throughly settled , viz. by a general submission , or by continuance . i have proved above , that the convocation does not take settlement in his sence ; and that he has no reason to make use of their authority for illegal proceedings : but , granting his own supposition , i can't perceive what service it can do him ; for , if general submission or continuance , without legal right , are either of them sufficient to compleat the notion of settlement , it will be difficult to find an objection against the rump's and cromwel's authority . for , . as for continuance the rump held the government from , to ; and cromwel was the supreme power from to : and if five years of soveraign and uncontested power is not sufficient to make a through settlement , i doubt the dr. has been too quick in his late complyance . but , dly . though after a continuance of this length , the rump and cromwel , by the dr's principles , had no need of any national consent and submission , to perfect their settlement ; yet it does not appear , that the dr. has disproved their title so much as in this point . as for submission , it was generally paid them . there was not so much as the face of an enemy in the field : their courts were frequented , their coin was current , and their authority undisputed in all posts of government ; but there was no national consent , because the greatest part of the representatives were slung out of the house , excepting a few rumpers . . how does the dr. know , but that the rumpers had a national consent for secluding these members ? the consent of silence and submission they certainly had ; for the nation neither offer'd to restore these members by force , nor shewed any publick dislike of their being expelled . dly . does the dr. think there can be no national consent testified any other way , than by the peoples chusing a few men from towns and countries to represent them . if the matter stands thus , the four monarchies had no national consent , nor any through settlement ; for there was no such things as parliaments in those times and countries . but , before we take leave of these rumpers , the dr. may remember , that they were summoned by the king's writs , and had his royal assent to sit as long as they pleased : if some people had such a colour of authority , they would flourish with it at no ordinary rate . dly . the dr. objects against cromwel's parliaments , that they had no national consent , &c. because they were not chosen according to the ancient customs and vsages of the nation . some people will not be sorry to hear , that a national consent cannot be given by representation , unless the representatives are legally chosen , and the ancient customs of the constitution observ'd . i wonder how this reason dropped from the dr. for it overthrows the design of his books , and puts him upon a necessity of proving the legality of the present establishment . he urges farther , that these pretended parliaments , under cromwel , were not the representatives of the nation , but of a prevailing party . if they were elected by a prevailing party , it 's a sign they represented the majority . and if the dr. will not be satisfied , unless every individual person agrees to an election , he is not likely to see a national consent in haste . well : but some part of cromwel ' s second parliament published a remonstrance , for being denied admittance : so did the parliament in the beginning of the civil wars , publish several remonstrances , of an higher nature against the government of k. charles the first . and yet , i suppose , the dr. will allow , that these oppositions did not un settle his authority , nor discharge his subjects from their allegiance . and thus i have proved , that the rump and cromwel had as fair an authority , and as through a settlement , in all points , as the dr's principles require . as to the villanies of those days , which the dr. insists upon , they don't in the least affect the obligation of the subject ; for , granting the dr's revolution was more agreeable than that of . yet since , by the dr's reasoning , the one had god's authority as much as the other , it ought to have been equally submitted to ; for , in such a case , no rigour of administration can discharge the people from their obedience . the dr's remark upon the bishops being turned out , and the alienation of their revenues under cromwel , is not calculated for the whole island . he forgot , i conceive , the flourishing condition of the present church of scotland , when he drew up this part of the parallel , — iam proximus ardet vcalegon . but this dispute being not material to the argument , i shall insist upon it no farther . what the dr. mentions concerning antiochus's right to the government of iudea , has been considered . however the dr. has something remarkable in this paragraph , which must not be overlooked , viz. though force requires a long continuance to settle a government , yet a national consent settles a government in a short time . thus the submission of jaddus , and the governing part of the nation , to alexander , settled his government in a few days . the case of alexander and iaddus has been argued above , and needs not be repeated . i might likewise observe , that consent , how general soever , without authority , signifies nothing , as has been made good already , and shall be farther confirmed by and by ; but at present , i shall grant the dr. his assertion , and draw an inference from it against him . for , supposing a national consent will settle a government in a few days , then absolom's government was sufficiently settled , and all the people of israel were bound in conscience to obey him ; and which is more , they were bound to fight his father david , ( who had taken arms against absolom . ) the reason is , because , as the dr. affirms , god's authority is always to be preferr'd to legal right , and the subjects can't be bound to two opposite allegiances . that absolom was sufficiently possessed of the kingdom , will appear by comparing his circumstances and david's together . now david's condition was so low , that he was forced to quit his capital city ierusalem , and encamp in the fields and desarts , with not many more than of his guards , as sir walter raleigh observes ; from thence he retires over iordan , and leaves absolom master of more than nine tribes and an half of the twelve ; and not thinking himself secure at this distance , he continues his retreat to mahanaim , which was upon the borders of his kingdom , towards ammon . hither absolom pursues him , and encamps near gilead , which was a fronteir town , as we may learn from iosephus . nay , he is said to have abdicated all his dominions , and to have fled out of the land for absolom . that david was very weak , and unlikely to recover , appears by shimei's throwing stones and cursing him at the head of his troops . besides , men , after he had reinforced himself , were enough to have beaten him ; as is plainly intimated in the scripture . we have likewise reason to conclude that number was sufficient for this purpose , by achitophel's proposal , who was too wise a man to have ventured his person and fortunes with so small a body , unless he had been morally assured of success . and therefore iosephus tells us , that hushai understood that david might have been easily destroyed this way which achitophel proposed ; which was the reason he gave contrary advice . the same author informs us , that david had but men , notwithstanding by hushai's dexterity he had time given him to raise them : which was a poor remnant in a kingdom which was able to muster fighting men . lastly . to shew how lamentably king david , though a man after god's own heart , was deserted by his subjects ; we may observe , that this small army consisted in a great measure of foreigners . the gittites , who marched with him , were certainly citizens of goth ; as appears from the scripture , especially from the translation of the septuagint . the cherethites and pelethites are likewise supposed to be philistines ; which is very probable , since the gittites are mentioned with them . to these we may add the assistance he received from shobi son of nahash , formerly king of ammon , who came in to him at mahanaim . on the other hand , if we take a view of absolom's affairs , we shall find them as firm and flourishing as can be desired . this made hushai congratulate his success , and tell him , that the lord , and all the people , had made choice of him . and who can now deny him the title of a providential monarch ? if any one suspects hushai's salutation to be no more than a piece of ceremony , the scripture will convince him of the contrary ; for , absolom had every thing but god and justice on his side ; all the men of israel were at his command , from dan to beersheba , as the sand of the sea for multitude : he was , as iosephus observes , saluted king by unanimous and universal acclamations : he was anointed by the men of israel ; and all the elders , the estates and governing part of the nation , submitted to him . here was a national consent with a witness , and by consequence , as good a settlement as the dr. can demand , unless he will retract his own definition . how many months or years absolom was possessed of this general submission , is not material to enquire ; for the dr. roundly affirms , that a few days is sufficient to do the business . the dr. goes on to the other part of the comparison , and pretends , that some extraordinary methods taken by the crown , helped some men easily to absolve themselves from the obligation of their oaths . right : but , under favour , did they do well or ill in absolving themselves ? why the dr. won't dispute the legality of all this , i suppose , for fear of disobliging our great patrons of liberty . nay , he is so far from condemning such singular casuists , that he seems to argue in justification of them ; for , they ( says he ) could not think that oaths , which were made and imposed for the preservation of a protestant prince , and the protestant rights and liberties of church and state , could oblige them to defend and maintain a prince in his vsurpation , as they thought , upon both . the dr. by his wording it , would almost make an ignorant man believe , that the protestant religion was the supreme power in england , and that we were bound to support it in the field against the king : but those who will take the pains to peruse the oaths of allegiance and supremacy , will see , they oblige us to bear true faith , &c. to the king , and to defend him and his heirs and lawful successors , without making any enquiry into their creed . it was never known , that the kings of england held their crowns by the tenure of religion : if their claim had not been wholly founded upon birthright , and proximity of blood , there had been no pretence for the late bill of exclusion . but such absurdities as these are too gross to deserve any farther consideration . and since we are indispensably bound to serve and defend our prince , without any regard to his perswasion , it must be a very bad religion , which teaches us to desert or oppose him . there can't be a greater reproach cast upon the reformation , than to make it give countenance to such horrid and treacherous practices as these . what our author means by the protestant rights and liberties of the state , is hard to understand ; for the rights of the state are purely secular and civil : he may as well call a farm a protestant farm , as give that epithete to the rights of the state ; but the word protestant must be crammed in , otherwise the charm will not work . the dr. once more lays a great stress upon a national submission and consent , and makes it necessary to the introducing a settlement : now i have shewn , that this expedient must be altogether unserviceable to our author upon his own principles ; for if by whatsoever means a prince , ascends the throne , he is placed there by god's authority , of which , power is a certain sign ; to what purpose is the consent of the people required ? have they the liberty to refuse submission to god's authority , when it produces such infallible credentials , and appears in such a demonstrative manner ? besides , as has been already hinted , his making submission a necessary assistant of power , is not only a contradiction of himself , but likewise brings a farther inconvenience along with it , and makes that absurdity which he endeavours to throw upon hereditary principles , return upon his own ; for , if god's authority is not given to any prince before a through settlement , and this settlement cannot be compleated without a national submission , then god , as well as men , is confined by human laws ( or by human inclinations , which is as bad ) in making kings ; which is to say , that the right of government is not derived from god , without the consent of the people . how the dr. will disengage , is best known to himself . farther , i must ask him the old question over again ; whether this national submission must be legal or illegal ? if an illegal submission will serve his turn , this is no better than plain force , under the disguise of a new name ; 't is a violent combination against the laws and rightful governour , and resolves it self into the principles of power . if the submission ought to be legal , he must not only prove it such , but be obliged to give up the main design of his books , and dispute a point which he has declared is nothing to his present purpose . however , i must follow him through all the windings of his discourse . he says , though some men dispute , whether a convention of the estates , not called by the king's writs , be a legal parliament ; yet all men must confess they are the representatives of the nation , &c. i suppose , very few people besides the dr. will dispute , whether a convention is a legal parliament , or not , if they consider that the king's writs are necessary to impower the people to make and return elections . and , supposing they had the advantage of this preliminary , yet unless the members take the oaths of allegiance and supremacy , all their proceedings are declared null and void , by express statutes . now , if a convention is no legal assembly , their deputation from the people signifies nothing ; it only makes them the mouth of publick disorder and the illegal representatives of the nation . and how the dr. can oblige them by such a character , i can't imagin . but the nation can have no representatives but such , when there is no king in the throne . to make this argument good , the dr. should have prov'd , that the throne is immoveably fixed at whitehall ; that the king was legally ejected by his subjects ; that after this retirement they sent to entreat him to return , and promised a more agreeable behaviour ; that upon these submissions he refused to engage any farther , and resigned up the government into their hands : the dr. should have proved , that all this was either done , or else unnecessary , before he set the nation a representing at all adventures . as for his flourish with the word estates , i question whether it will do him any service ; for , who made them estates ? does their number and quality make them such ? then they are estates in the intervals of parliament , in their own houses , in a tavern , as well as at other times and places . does the choice of the people , though altogether illegal , give them the advantage of this character ? if so , i would gladly be informed , whether every riotous meeting may not furnish out their proportion towards a body of estates , to be compleated by the general distraction of the nation ? i perceive , i must enquire farther ; i desire therefore the dr. would tell me , whether the parliament house has any peculiar vertue , to raise private persons into a publick character ? if it has , great care ought to be taken who comes into it . besides , it 's worth the knowing , which way this mysterious privilege is conveyed . have we any legislative brick and stone ? or , does the house work by way of steams and exhalations , as the oracle at delphos is said to have done ? the dr. i perceive , does not trouble himself with these scruples , but is resolved to go on with his submissions , &c. and tells us , that the consent and submission of the convention , especially when confirmed by subsequent parliaments , is a national act . therefore i must ask him a few more questions , how a convention can sublimate it self into a parliament ; i. e. how a private and illegal assembly can give it self the privilege of authority and law ? now , a national act , without and against the authority of the constitution , is , to speak softly , no better than a national disorder : but , the generality of the kingdom have willingly and cheerfully submitted . so much the worse ; unless they had the liberty to do so . what if they should willingly submit to the setting up the alcoran ? what if they have an inclination to murther , or adultery , does the universality of the consent make such practices innocent and warrantable ? does not the dr. know , the generality have frequently a mind to do those things which they ought not , and will he thence inferr , that we must follow a multitude to do evil ? well! but they have bound their ( new ) allegiance by oath . if they have , can they not keep it as well as they did their former one ? however , by the way , it 's not amiss to consider , whether oaths are powerful enough to transferr titles , without the owner's consent , and to alter the seat of authority ? whether a man can swear away another's right without asking his leave ? if he can , justice and property are very precarious , uncertain things , and not worth the regarding . i should now have proceeded to a more particular examination of the law-part of his book , but having considered his most material objections from that topick already , i suppose it needless to dispute this branch of the controversie any farther . i shall therefore take leave of the dr. and , if he thinks i have used him with too little ceremony , i desire he would remember the unnecessary provocations he has given ; and when he considers how freely he has reflected , censured , challenged , and contemned , he will have no reason to be disobliged with his brethren , for an abatement of their esteem . however , after all , i have no manner of quarrel to the dr's person ; but to his new principles i am , and ever hope to be , an enemy . the end . notes, typically marginal, from the original text notes for div a -e pref. id. p. . pref. p. . p. . pref. p. . notes for div a -e alleg. p. . pag. . pag. . pag. , . case of resist . pag. , , , . pag. . doct. & stud. cap. . p. . pag. . ibid. pag. . pag. . pag. . p. . prop. . pag. . vid. an answer to a late pamphlet , intituled , obedience and submission , &c. demonstrated from bishop overall's convocation book . luke . . john . . can. . convoc . p. . pag. . pag. . alleg. p. . case of resist . p. . pag. . pag. . alleg. p. . pag. , . convoc . convoc . p. . maccab. c. . joseph . antiq. jud. lib. . cap. , . joseph . ib. c. . convoc . p. . joseph . ib. c. maccab. . . compared with cap. . . & maccab. . . joseph . antiq. jud. lib. . cap. , . page . can. . sam. . pet. . . act. . heb. . pag. . conv. p. . ibid. conv. p. . id. p. . alleg. p. . alleg. p. . can. p. , . kings . conv. p. . pag. , . pag. . pag. . conv. p. . pag. . coke's reports lib. . calvin's case . conv. p. . king. . . chron. . chron. . , . jer. . , . , . ibid. v. . dan. . . isa. . v. , , . . v. . alleg. p. , pag. . curt. lib. . id. lib. . diodor. sic. curt. lib. . alleg. p. . can. . conv. p. . can. . pag. . pag. . alleg. p. . alleg. p. . conv. p. . alleg. p. . pag. . l. . c. . vind. ib. ibid. vind. ib. joseph . l. . c. . ralegh . hist. &c. pag. . curt. lib. . alleg. p. . ibid. alleg. p. . pag. . pag. . conv. p. . alleg. p. . antiq. jud. l. . c. , . alleg. p. . can. , . can. . ibid. joseph . antiq. jud. l. . c. . id. cap. , . ibid. cap. , . ibid. cap. . ibid. cap. , . id. l. . c. , . l. . c. , . alleg. p. . deut. , . vind. p. , . deut. . . sam. . . id. . . sam. . sam. . . deut. . . conv. p. . conv. p. . pag. . jer. . pag. . pag. . can. . pag. . deut. . . gen. . case of resist . p. . alleg. p. . alleg. p. . alleg. p. , . pag. . ibid. pag. . alleg. p. . pag. . ibid. pag. . rom. . . pet. . . alleg. p. . kings . vindic. p. . &c. rom. . . matth. . . alleg. p. . ep. ad corinth . euseb. hist. eccles. hist. alleg. p. . id. p. . alleg. p. . id. p. . ibid. ibid. ibid. rom. . . vindic. p. . ibid. heb. . . heb. . . vind. ibid. rom. . . cor. . , . cor. . . tit. . . euseb. eccl. hist. lib. . prov. . . interpr . theod. in loc. alleg. p. . in loc. alleg. p. . luke . . ephes. . . ralegh . hist. p. . id. p. . just. l. . scaliger de emend . temp. p. . animad . p. . demost. adv . sept. p. . gell. noct. att. l. . c. . thucid. l. . p. . just. l. . plut. in arat. & timol. bodin de repub. l. . c. . p. . id. p. . rom. . . alleg. p. . ibid. ibid. alleg. p. . pag. . tacit. annal. lib. . ed. lips. ibid , p. . dion . cass. lib. . p. . id. lib. . p. , , . id. lib. . p. lib . p. , . id. lib. . p. , , . bodin . de rep. l. . c. . p. . alleg. p. . ibid. ibid. pag. . alleg. p. . matth. . . alleg. p. . alleg. p. . pag. . ibid. ibid. pag. . ibid. ibid. ibid. luke . . ibid. palmer to the earl of essex , epist. ded. . cockain's serm. nov. . . pag. . dr. owen's ebenezer , p. . jenkins's petit . . p. . . alleg. p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. . petit. oct. . sermon at exeter to the judges . march . pag. . dan. . . . . saunders . ib. p. , , . alleg. p. . amos. . . in am. . . jonah . . comment . in amos , tom. . p. . in loc. isa. . . episcop . inst. l. . p. . alleg. p. . alleg. p. . alleg. p. . ibid. ibid. pag. . pag. . pag. . cotton's abridgment , fol. . . baggot's case . e. . alleg. p. . ibid. ibid. alleg. p. . leviath . p. . alleg. p. , . leviath . p. . alleg. p. . pag. . leviath . p. . alleg. p. alleg. p. . pag. . pag. . alleg. p. . pag. , . alleg. p. . pag. . ibid. ibid. pag. . pag. . ibid. ibid. ibid. nov. org. l. . print . stat. e. . c. . rot. par. e. . l. bacon . vit. h. . p. . mar. sess. . c. . king. . . sam. . , . judges . alleg. p. . ibid. ibid. vid. caution ●gainst inconsistency . alleg. p. . pag. . pag. . ibid. gen. . . alleg. p. . ibid. ibid. coke's rep. part . calv. case . josh. . ▪ sam. . , . alleg. p. . pag. . pag. . ibid. pag. . pag. . pag. . ibid. ibid. cok●'s rep. part calv. case . moore 's rep. alleg. p. . calvin's case , fol. . s. joh. . . moore 's rep. fol. . &c. fol. . calvin's case , fol. . instit. part . fol. . jac. . c. . alleg. p. . pag. . moore 's rep. fol. . &c. calvin's case , fol. . alleg. p. . alleg. p. . alleg. p. . ibid. alleg. p. . . moore 's rep. fol. . &c. alleg. p. . alleg. p. . alleg. p. . calvin's case . fol. . ibid. fol. . alleg. p. . alleg. p. . saunders serm. before the judges at exeter , . p. . alleg. p. . jac. . c. . coke's instit. part . l. . fol. , . alleg. p. . pag. . walkers hist. of independency , part . p. , . car. . c. . ibid. car. . c. . alleg. p. . alleg. p. . ibid. alleg. p. . alleg. p. , . car. . c ▪ . p. . ibid. ibid. ibid. ibid. alleg. p. . jer. . . alleg. ibid. ibid. ibid. alleg. p. . alleg. p. . . alleg. p. . ibid. vind. p. . alleg. p. . pref. to the case of alleg. alleg. p. . vind. p. . vind. p. , id. p. . alleg. p. , vind. p. . jam. . . pet. . . rom. . . vind. ibid. vind. p. . pet. . rom. . vind. ibid. acts . psal. . vind. p. . vind. p. . ibid. kin , . . . . p. . kings , , . kings . , . chap. . . alleg. p. . kin. . . vid. hos. . dissert . de theoc. jud. l. . c. . sect. . p. . . jer. . alleg. p. . rom. . pet. . . alleg. p. . alleg. p. . alleg. p. . ibid. isa. . p. , , , . matt. . , . mar. . , . cic. lib. . de offic. id. lib. . de offic. ibid. ibid. heb. . . alleg. p. . ibid. alleg. p. . p. . p. . p. . alleg. p. . ibid. alleg. p. vind. p. . vind. p. . ibid. alleg. p. . ibid. ibid. tit. . , . alleg. p. . alleg. p. . tim. . . vind. p. . vind. p. . vind. p. . alleg. p. . id. p. . alleg. p. . id. p. . id. p. . id. p. . vind. p. . ibid. vind. p. . ibid. vind. p. . ibid. ibid. vind. p. . alleg. p. . ibid. alleg. p. . alleg. p. . sam. . . raleigh . hist. &c. p. . sam. . . anti jud. l. . c. . sam. . . sam. . , sam. . . ant. iud. l. . c. . ioseph . ibid. sam. . . sam. . . grot. in . ● reg. c. . v. . sam. . . sam . . sam. . . sam. . . antiq. jud. l. . c. . sam. . . sam. . . alleg. p. . ibid. ibid. ibid. alleg. p. . . id p. , . alleg. p. . alleg. p. . id. p. , . jac. i. car. ii. ibid. plut. de def. orac. alleg. p. . ibid. ibid. observations upon mr. johnson's remarks, upon dr. sherlock's book of non-resistance sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) observations upon mr. johnson's remarks, upon dr. sherlock's book of non-resistance sherlock, william, ?- . [ ], p. [s.n.], london : . reproduction of original in union theological seminary library, new york. attributed to william sherlock. cf. nuc. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng johnson, samuel, - . -- remarks upon dr. sherlock's book, intituled the case of resistance of the supreme powers stated and resolved. obedience. divine right of kings. allegiance -- great britain. nonjurors. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo and andrew kuster sampled and proofread - mona logarbo and andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion observations upon mr. johnson's remarks , upon dr. sherlock's book of non-resistance . samuel , chap. . verse . this thing is not good that ye have done , as the lord liveth ye are worthy to dye , because ye have not kept your master the lord 's anointed . london , printed in the year , . observations upon the preface to mr. johnson's remarks , upon dr. sherlock's book of non-resistance . mr. johnson , my former knowledge of your person and manner of conversation , raised my desire of reading your life of julian , and the little piece you have since published against the learned dr. sherlock , and both together have confirmed me in this opinion , that you are certainly next mr. oats the fittest person in the world to write the life of julian , having so exactly transcrib'd it in your own , he being that to the catholick church , what you have so industriously approv'd your self to the church of england , a perfidious apostat . you are pleased to call your little book ( and such it is upon more accounts than one ) remarks upon dr. sherlock's book of non-resistance , and remarks indeed they are , but such as our young trifling novices , make in their journies through france or italy , which have no other effect upon a wise reader than to persuade a belief they have been there ▪ and scarcely that : they are such remarks as would tempt a man to think you were retain'd on both sides , or at least were in fee with your adversary , or bribed by a partial affection to his person and reputation ; but this conjecture you can easily confute . you are pleas'd to tell us ( page the th ) that you would run over all the doctors scripture proofs ( in the excellent management of which lies the strength of the cause , and the learning of the author ) whereas you have taken no notice of any more than two , and only nibled at them without any impression or hurt , but with what ingenuity is not easily comprehended , much less justifi'd without your old friend 's secret against blushing : and thus you have indeed rid your hands easily of the bafled cause of non-resistance ; which , if it receive no deeper wound than those your feeble passes yet have made , will outlive your forward triumphs , and conquer , as much as it despises , the insolence that fools and knaves have treated it withall ; a doctrine that commenc'd together with religion either jew or christian , ( as the pious and learned archbishop usher has irrefragably prov'd . ) a doctrine that shall know no end , but when all things must confess their ashes , and then it shall be swallowed up in the glorious rewards of confessors and martyrs . but you are pleas'd to give us another reason for publishing your book , that is , to offer your service to some men's new-fashioned loyalty , which , you say , must be adopted church of england doctrine too , as well as the other : this indeed gave me great hopes of finding from so clear a casuist , and so moderate a man , irresistible satisfaction of its being my duty to take the new-oaths , which piece of service would have bound me over to as great gratitude , as can be supposed due to the charitable and seasonable preserver of my little all i have in this world : but if instead of offering one single reason evincing the duty and obligation to take this oath ; you have advanced two or three considerably cogent reasons why i should not , then i hope the government will allow your argument in some abatement to the guilt , whatever they do to the punishment of my non-complyance ; for all good men fear the guilt more than they do the punishment , and this you have done as appears by what you tell us ( page the ) no man can authorise himself ; if so , i desire you to tell us by what authority this new-oath is imposed ; for the compilers of this law either do authorise themselves , or else they receive their authority aliunde ; if the first , you have already determin'd against them ; if the second , pray shew us from whence ; taking this of our saviour along with you , if i bear testimony of my self , my testimony is not true . but in the second place you tell us , that king william is the rightfullest king that ever sat upon the english throne : when in that very breath you defeat the right you would maintain , and are a very traytor to the title you would advance ; and i am content with you never to desire a greater advantage than to reduce my adversary to this absurdity , of making no difference betwixt a title and no title , which is a rowland for the oliver you gave the doctor ; law and no law : and that you have done this appears thus ; if king william be the rightfullest king that ever sat upon the throne of england , then no king ever ascended the throne by the same right , and by the same hands that he does ; for every king that came by it as he does , was just as rightful a king as he is , and then consequently he is not the rightfullest : well then , if no king was ever plac'd upon the throne by the same hand and right as he , then it is very plain he can have no right at all by the common law of england ; for common law is common usage , and sure that 's a strange common usage , that cannot shew one president ; one example at least to warrant it , which your assertion plainly supposes and acknowledges : well then , besides the common law , england knows no other but that we call the statute-law , and by that he has no title , or else the convention did him a great deal of wrong , for they never declared the right to be his by succession , but by their donation : thus you defend the present title , just as you guided your unfortunate masters conscience and honour , by betraying both ; and if king william had no better title than what in this preface you have given him , he neither could nor would expect to be obeyed ; and now if any of my brethren should look upon our obligation to complyance to be less than it was before , through the insufficiency of the arguments you have produced in its behalf , you will be responsible to us for our livings , and to his majesty for the withdrawing the service of so many men of our condition ; for i am morally certain that were these words of yours ( king william is the rightfullest king that ever sat upon the english throne ) inserted , and made a part of the oath , there would not have have been found in the whole nation , as bad as it is , an hundred men of your swallow ; i am very well satisfied that the government is not so unreasonable ( however you represent them , ) as not to be glad that , the whole body of the clergy were satisfied as well as themselves ; and i hope you are not one of those malicious blades that would insinuate , as if this new act were made only to revenge the bartholomew act in , and wish it might have the same effect ; yet you have given us a very fair specimen of your hatred to the present government , since you could never have wish'd for a more sweet , or taken a more effectual revenge than you have done , by turning such an hebrew advocate in their behalf ; methinks 't is great pity there is no law obliging all men to hang the keys of their consciences at your girdle ! and as it is to be hoped they will chastise the maliciously affected weakness of your defence , so it were seriously to be wish'd , that before the time comes , they would provide us some learned and conscientious casuist , that might be able by the conviction of scripture , reason and law , to promote those good inclinations we in the presence of god sincerely profess to have of living under our superiours , a sober and a peaceable life in all godliness and honesty . and i do promise in my own , and ( as i believe i may ) in the name of all my brethren , that are yet unsatisfied , that our refusal to comply shall lie no longer hid in lurking scruples , and reasons best known to our selves ( as you out of your abundant charity would insinuate ) than till our superiours shall be pleased with indemnity to allow us to bring them forth , ( for though truth never seeks , it may be driven into corners ) to men of their own nomination and appointment , with an obligation to the severest penalties , if we can be prov'd to have divulg'd them any farther . therefore all the spiteful flourishes you make in the d . page of your preface , and the malicious as well as silly questions that you ask , are but so many instances of your natural incivility and rudeness towards us , as well as of an ungentile insolence in provoking him whose hands are tyed , which is very true in reference to the danger he must lye under , who dares be so hardy as to answer your questions , which yet i my self dare engage to do upon good security of freedom and indemnity , and to back those answers with such reasons as shall ensure me the priviledge of being ( for you ) unanswerable , or else i will forfeit my head where yours is due : you need not wonder at this caution in me ( in whom it is too seldom a fault ) who am not now to be told the danger of making my tongue or my pen too familiar with my thoughts ; i am not so much in love with jayls , and pilloreis , and whipping-posts , as needlesly to court mr. colliers first answer , or the no less pennance of reading his second ; besides mr. oats and your self have given us a fair instance what ineffectual methods those are of reducing men to sobriety ; if ever such or greater punishments should be our lot , our prayers are that god would enable us to bear them with such magnanimity , meekness , and resignation , as becomes those who profess the doctrine of passive obedience , taught and practised by christ and his apostles , the primitive and the best reformed christians ; but surely god has a very great controversie with this nation of ours , surely our sins are ripe for the severest judgments ; the land is divided into two extreme sinful parts , one by our sins are fitted to suffer under the doctrine of resistance ; others sinful enough to be permitted to preach , believe and prosecute it : i meekly thank god , that though my sins are strangely great , and deserve more than i can suffer , yet he hath not given me up to the latter judgment of teaching it , and i trust he never will. indeed mr. johnson , your apparently contrary behaviour in the very subject matter of this discourse , has not been so amiable and inviting as to render it exemplary , but has rather prejudic'd and hinder'd that enforcement , which your suffering name and fallacious reasons might otherwise have given it : no good christian can approve , or indeed with patience hear , and no crown'd head will endure your barbarous usage of king james , in which you have out-done your own forgeries and ill pack'd stories in your life of julian . is it thus that you curse not the king , no not in your heart ? is it thus that you commit your self and your cause to him that judgeth righteously ? is it thus that you heap coals of fire upon the head of your enemy ? and do you thus overcome evil with good ? no , no , the apparent marks of an unchristian resentment , and an ungenerous revenge make up the whole contexture of your preface , and by this means you have under your own hand renounc'd to the merits of your sufferings , forefaulted your right of compensation , abdicated your religion together with your king , and sign'd a kind of posthumous apology for your judges , and almost justify'd the inhumanity of your sentence . you say ( page the sixth of your preface ) that if king james had been a rightful king when he took possession of the crown ( as he was not but a publick enemy ) he has since that time broken the fundamental contract : in these words there is one of the boldest and most notorious falshoods that ever was broach'd , for he was certainly rightful king after the death of his brother , even though your malicious insinuation from his outliving him , had ( which it has not ) either weight or truth in it : the very votes of both houses of convention acknowledge so much when they insisted upon the abdication , without ever calling his title into question ; besides if he had no right to succeed in the throne , your lord and the other gentlemen of the exclusion were much in the wrong ; had you made as much appear then , as you confidently assert now , you had sav'd the two houses a great many angry debates , and the important fortress of tangier had been still in our hands , and undemolished ; and the lower house knew the importance of that place very well when they set the bill of exclusion upon it's head as the price of its relief or redemption rather ; and what necessity there was to shut out by law , one that by law had no right to come in , surpasses my discerning : yet farther , you prayed for him as king as oft as you did your duty in reading common-prayer ; now men of mettle are seldom hypocrites , and i cannot persuade my self you could in your prayers to god acknowledge him to be king , whom in your conscience you did not think rightfully and lawfully to be king : all prevarication is disengenuous and cannot become a christian , much less one that waits at the altar , and still less in the service of god ; so that this consequence is self-evident , either you were a hypocrite then , or worse now : as for what you say of his being excluded by three successive houses of commons , you might as well have told us that he was excluded by the diet at ratisbone , or the swiss cantons , for their power was as great to exclude him as that of the commons of england alone without the consent of the king and lords : you have made as much of it as the case will bear , when you tell us it was a caveat , and i suppose you know the nature of a caveat so well as not to stand in need of information what manner of treatment they commonly meet with in all places where they are entred . page the th . you say , the oath of allegiance is the counterpart of the coronation oath , and that it is of the nature of covenants , and that it is a conditional oath . now if all this could be substantially prov'd , it would go a great way towards a conviction of those whose consciences ( for want of information in this very point ) will not give them leave to take the new oath : now i could tell you this looks very like begging the question , or at least a haughty imposition of your sentiments upon other men , having not been pleased to produce one medium to prove so great an assertion by , but you pronounce magisterially your opinion and expect all your readers should subscribe to you , as to an infallible dictator ; but when we took that priviledge from the old gentleman at rome we did not intend to naturalize it at home , we have long since emancipated our selves from that piece of slavery , and are something unwilling to be brought again under the same yoke of bondage we so effectually cast off ; nullius addicti jurare in verba magistri , is our motto , and whatsoever conceit you may have of your own authority , you must not expect the same extravagant civility should be paid it by other men ; you have given us but too just a cause to examine a little narrowly into the very best reasons you have yet thought fit to produce , and having not found them sterling , you must not take it ill if we bring the rest to the touchstone . how pitifully you trifle with us in this paragraph with a silly instance of a master and an apprentice , where you wisely suppose the master to turn his apprentice out of doors , and yet expect the performance of his service ; did king james ever banish any man to mevis or the barbadoes , and yet at the same time expect his attendance , either in the court or camp ; or did he commit any clerk to jayl , and then punish him for non-residence ? your instances and your arguments are all of a piece , and you have very ill luck with both ; had you prov'd that a son's obedience to his father had held no longer than pater se bene gesserit , and then constituted the son the judge of his fathers good or male-administration ; or that the wife was discharged of her subjection to her husband , if she can plead actions of unkindness against him , then you had done something to the purpose , then you might have confuted the apostle and passive obedience , which have taught submission not only to the good and gentle , but also to the froward ; then you might have boldly deny'd the happiness the apostle tells us shall be the reward of them who suffer patiently in and for well-doing , since according to you , no man ought to suffer any longer than till he can either hinder or revenge his sufferings : i always thought religion had been intended to restrain and correct our unruly passions , not to give up the reins and let them loose ; such doctrine is neither the wisdom nor the peace that comes from above , nor the way thither , but comes from below , and is earthly , sensual , devilish . you tell us pag. & you are able to prove that the oath of allegiance taken to a tyrant , would be a void unlawful and wicked oath ; void , because it is an obligation to obedience according to law , which a tyrant makes it his business to destroy , so that it is swearing to things inconsistent ; unlawful , because the english constitution will not admit such a person to be king , it knows no king but such as can do no wrong ; wicked , because it strengthens his hands in the destruction of our countrey , so far you : now this needs only to be twice read to shew the absurdity , the weakness and the malice of it , especially if you design the application ( as by the drift of your discourse appears you do ) to be made to king james , and to all that swore allegiance to him , but especially to them ( if any such there be ) who think themselves still bound by that oath ; for we who swore allegiance to him at his first coming to the crown , did it to a king not to a tyrant ; nay , it was almost impossible he should be a tyrant when some of us took those oaths , unless susceptio coronae facit tyrannum , which for some body's sake i know you won't aver : he had then but just begun his reign , and had given us assurance of his intentions to govern according to law : nay , even they who swore allegiance to him after he had begun to break his word , and had made some inroads upon property and religion , still swore to a king and not to a tyrant ; for it would be a very difficult task even for you ( whose hatred to his person has given you the pen of a ready writer ) to assign by what individual action he commenc'd tyrant , and the very moment wherein he ceas'd to be king : vertue and vice dwell in each others neighbourhood , and their boundaries are to be distinguished by every eye : yet farther , what though my oath of allegiance be an obligation of obedience according to law ? and what though the king to whom i swear goes about to destroy the law ? is therefore my swearing allegiance to him , swearing to things inconsistent ? by no means : am i bound by that oath to be one of his instruments that shall help him to subvert the law , and enslave my fellow subjects ? or am i perjured if i refuse ? by no means ; i am indeed if i resist : and thus you may easily see the bafled doctrine of passive obedience would have found out an excellent medium betwixt these two , to suffer when according to conscience ( and that i will allow to be directed by law ) i can do no longer the pleasure of my king ; thus an oath to a king who afterwards proves a tyrant , is not void , because it is not swearing to things inconsistent . next you say , an oath of allegiance sworn to a tyrant is unlawful , and for so saying you give this merry reason , because the english constitution admits no such person to be king ; which takes away the very subject matter of our dispute ; for if this tyrant can be no king , i am as sure that no king can be no tyrant ; there can be no oath of allegiance sworn in a monarchy but to the king : so for once you are in the right ; for nullius juramenti nulla est obligatio . lastly you say , an oath of allegiance sworn to a tyrant is wicked , and for this reason , because it strengthens his hands in the destruction of our countrey : which i flatly deny , because ( as i told you before ) there is a medium betwixt a sinful obedience to an unlawful command , and perjury , which is passive obedience ; but that medium you don't love , and therefore won't admit it . again you say , as soon as the realm has declared him a tyrant , our oath of allegiance becomes void , but for what reason , according to what law , and by what authority , some body else must tell , for you cannot : what you say in this is gratis dictum , and must be swallowed upon your sole authority ; but that i do and always shall except against as insufficient , even if it could not be suspected of partiality , as in this last it vehemently is : pray what authority have you to affirm , which your readers have not to deny ? but your next is a delicate flight in these words , speaking about the oath of allegiance sworn to king james , an oath which ought not to have been made , and is now as if it never had been made , which was ill made , and would be worse kept , i suppose , than it was made ; now there seems no other answer required to this but a little of your own jargon , which a friend of mine has done to my hands — when a corder a cording , encord's him a cord , in cording that cord , he three cords doth encord ; but if one of the cords that encordeth , uncord , then the cord that uncordeth , uncordeth the cord. but to be serious , though it be very difficult amidst such stuff as this , let me ask you , do you seriously believe , that the oath of allegiance made to king james did never bind ? whom do you arraign when you say that oath ought never to have been made ? did he make or enact it himself ? or was it not made and enforced in the good days of queen elizabeth , and his grandfather king james the first ? or was the exacting that oath any part of the accusation laid to the charge of charles the martyr ? or did the bloody preachers of your doctrine of resistance in those days suppress any of his crimes out of a tender regard to his person or credit ? besides you say , it was ill made and would be worse kept , without considering the strange incongruity of that expression ; indeed a thing that is ill made may be ill kept , but how that which is ill made can be worse kept , i find not ; the guilt of keeping , must bear proportion to the guilt of making a law , because the effect must be commensurate to the cause ; and though the stream may fall lower , it cannot naturally rise higher than the fountain ; so that we who believe our selves under an obligation to keep it , are for so doing just as guilty ( and no more ) as those parliaments that made it : if then it was lawfully imposed , and lawfully taken ; then as there needs no angel to oblige us to keep it , ( our obligation arising from a greater authority than theirs , ) so none of that glorious order either can or will oblige us to break it , for they are the ministers of good , not evil . you say , page the th . the maxim of those you are pleased to call male-contents , is better popery than perjury . if my perfect agreement to the truth of that proposition will render me a male-content , i am and shall be , i hope , one all the days of my life ; nay , i will go one step farther , if there be any thing on this side hell worse than popery , i had rather it should befall me , than that it should be kept out , or prevented by any unlawful , unjust , or wicked means of mine whatever ; believe me , he is either a mean scholar in religion , or a very bold man that dares say god stands in need of our vertues ; but he must be a man of a more than ordinary assurance ( of your mettle , ) that dares say god stands in need of our vices . — si pergama dextra defendi possint , etiam hac defensa fuissent . with his own right hand , and with his holy arm , he can get himself the victory : if he sees it good for us to enjoy the blessing of a publick and free exercise of our religion ; he can do it without any offence or fault of ours at all ; but if not , we have been always taught , and will constantly maintain and teach , that we are in no case to do evil , that good may come of it ; not to break gods laws , to maintain his worship ; not to turn bankrupts to loyalty , to drive the greater trade in religion ; not to shake hands with the gospel , to take the firmer hold of christ ; not to forsake the church of england , to secure the reformation ; not to bring in a bill of exclusion of the next rightful heir , to secure an hereditary monarchy ; not to think the observation of the second and fourth , a valuable composition for the breach of the fifth and tenth commandments ; these are slow hebrew methods of divinity to me ; as if all religion were analytical , and the only way of progression in christianity , were to be retrograde in the duties of it : for what good can our religion do us , when we defend it by means that dishonour both it , and its author ? you desire us to remember that the popery and the perjury have gone always together , and have always been both of a side ; i agree with you entirely as to this matter ; and i have long fear'd the coming in of popery , and i thank you for discovering from what quarter we are to expect it ; i have in all places , and upon every fair opportunity freely declared , that popery could never come into england , unless carried upon protestants shoulders , and the four last years reign has not in the least confuted , but confirm'd and strengthned that opinion : alas ! what a silly poor feeble thing is popery in its proper colours ? how easily was it driven out without a blow ? did we not laugh at and despise , the reverse of fabius's wisdom manifested in their no less foolish than hasty and forward methods to bring popery in ? when all the protestants in the world could not have taken a more effectual course ( than themselves did ) to keep it out : but popery in its borrowed light confesses anack , whilst we protestants by our divisions lend it fatal colours , and a gigantick proportion , and power ; in this she boasts like archimedes , she is able to turn the world upside down , but she must sharpen her instruments at your forge , and our animosities must give her room whereon to set her foot : must the church of england be weakned for fear the protestant interest should be strong ? and will she not be weakned by the deprivation of so many as are resolv'd to make a conscience of keeping the oaths that they have taken , and from the obligation of which they have sworn , that no power upon earth is able to absolve them ? so that if perjury and popery go always together , and are of a side , you have fairly acquitted us from any share in the guilt of introducing it , unless refusing to swear to a new oath , in direct contradiction to one we have lawfully sworn already , be perjury , and methinks you might as well call it any thing else . see now what your argument will amount to : thus , the fears or interest of a roman catholick have overcome him , and prevail'd upon him to take an oath wherein he does from his heart acknowledge supremacy in all causes , and over all persons whether ecclesiastical or civil , to be lodged in the person of a protestant king in whose dominions he lives , and upon oath declares that he believes no person or persons upon earth have any power to release him from this oath , or from any part of it ; and that therefore as he ought , so he will bear faith and true allegiance to that king whilst he lives , and to his heirs and lawful successors when he is dead ; now comes julian johnson and tells him , after some other discourse , wherein he persuaded him not to think he lay under any obligation to that oath ; pish sir , you are a young christian , and a stranger to that liberty wherewith christ hath made you free ; the king you are sworn to , hates your religion and persecutes your person ; the church has declared him a heretick , and the state a tyrant , and an oath made to a tyrant is void , unlawful and wicked ; the time of our redemption is come , and redemption is a title though conquest is not , and will make your redeemer the rightfullest king that ever sat upon the throne : why man , are you not satisfi'd yet ? your want of satisfaction lies hid in lurking places , and reasons best known to your self , for i am able to prove if occasion required . ( non tali auxilio ne defensoribus istis tempus eget . ) — that your oath did never bind ; that it is an oath which ought not to have been made , and is now as if it were never made , which was ill made , and would be worse kept — and by this time my blade begins to relent ; truly sir , i have been always taught , and always believed otherwise , but for the preservation of catholick religion and the good of holy church , i must submit to your unanswerable arguments ; and then he breaks an oath , which he had but little inclination to keep . now let any man in the world judge , whether this be any more than fair turning of the tables , and giving just the same sauce to the goose , that you gave to the gander ; for what protestant king in the world has any reason to think this perjury in his popish , which any popish king has not to think this perjury in his protestant subjects , with this aggravation of the matter into the bargain , that the protestants have constantly accused the church as prevaricating in this matter , and have abhorr'd her upon that very score , which ought to set that example at the greatest distance from us ; and every word of this the catholicks in queen elizabeth's days might well have pleaded , if the spanish invasion had succeeded ; and no doubt they would have had their appointed days of thanksgiving also , and have celebrated philip of spain as their great and glorious deliverer from heresy and slavery : thus by laying the scene under another reign , we may take a just estimate of the unaccountable partiality we are guilty of in our own cause , whereas there ought to be legitima personarum mutatio in order to the true understanding and practising the greatest and the most comprehensive rule of righteousness , whatsoever you would that men should do unto you , do you even so unto them : now if all the priests in the church of rome were just such casuists as you are , and all the people of that communion could believe them , and would be directed by them , you might as well shackle the hellespont , and commit the sea to the gate-house , or make any other gotham-act to hedge in these cuckows ; for they upon this principle bid the same defence to any law , oaths or tests that the power or wit of man can make , that you have done ( with less reason ) to cambridge , and the church julia shall spead the rest ; the heathen poet corrects the christian priest. sunt qui in fortunae jam casibus omnia ponunt , et nullo credunt mundum rectore moveri , fortuna volvente vices , & lucis , & anni , atque ideo intrepidi quaecunque altaria tangunt , hic putat esse deos , et peierat . — your and pages are a glorious apothesis of those men who were executed according to law , for the meritorious crimes of treason and rebellion . oh! that the mastership of the canonization-office were but divided betwixt mr. baxter and you , we must quickly reform and correct our calendar , and in the room of the twelve apostles , ( those church of england preachers of passive obedience , ) insert the names of cromwell , bradshaw , ravilliack , and milton , in the company of some now alive ; but , — quos dicere nolo , experiar quid concedatur in illos , quorum flaminia tegitur cinis atque latina . you have this expression concerning some you hate , — who shed that more than innocent blood ; without adverting , that every drop of blood in man that pretends to be more than innocent , is for that very reason , less ; you would do well to answer if you can , that which you ignorantly call an infamous libel , the magistracy and government of england vindicated , and then perhaps we may call the execution of that unfortunate , ( but by his own confession not very innocent ) lord , the murther of a great man : i cannot indeed blame your concern for the death of a man , whom you first seduced , ( as is credibly reported ) and then confirm'd in the fatal doctrin of resistance against the supreme power , in case the religion established by law were invaded , ( which i cannot but believe that lord then thought ) contrary to the then sentiments of dr. burnet , and the reverend dean of canterbury , as evidently appears by mr. deans letter to that unfortunate nobleman , — and in that letter he lays down these three propositions . first , that the christian religion doth plainly forbid the resistance of authority . secondly , that though our religion be established by law , ( which your lordship urges as a difference between our case and the case of the primitive christians , ) yet in the same law which establishes our religion it is declared , that it is not lawful upon any pretence whatsoever to take up arms : besides , that there 's a particular law declaring the power of the militia to be solely in the king. and this ties the hands of subjects , though the law of nature , and the general rules of scripture had left us at liberty ; which i believe they do not , because the government and peace of humane societies could not well subsist upon these terms . thirdly , your lordships opinion is contrary to the declared doctrin of all protestant churches ; and though some particular persons have taught otherwise , yet they have been contradicted herein and condemn'd for it by the generality of protestants ; — this is part of that excellent letter dr. tillotson wrote to my lord , to persuade him to repent of that dangerous mistake , by which he says , his lordship might prevent a mighty scandal to the reformed religion , — whether either or both of these great men have changed their opinion since , and upon what motives , is neither my duty nor my present business to enquire ; however no mans example shall shock me who know that truth , like its eternal author , is unchangeable , the same yesterday and to day for ever . what you seem to conjecture some few lines after , may for ought i know , come to pass . committunt eadem diverso crimina fato , and though we are indeed guilty of misnomers now , it is to be hoped we shall not be always so , but may enjoy the priviledge we claim from adam , of giving things names proper to their natures . — mentiri nescio , librum si malus est , nequeo laudare & poscere — besides , the holy scriptures pronounce a dreadful wo to all such as call good evil , or evil good. there are some persons in the world who will not thank you for the unseasonable mention you make of sheriffs de facto , and not de jure ; i am afraid there is a spice of malice or discontent upon some disappointment , that made you furnish us with such an ill natur'd hint , provoking us to an undutiful enquiry , what things there are else at present in the world that are de facto and not de jure , and how many and great things depend upon the solution of that question , no less than what the authority is of that court , which you say ( for i have no acquaintance there ; ) the black guard can make amongst themselves every day , ( pag. the th ) of your preface : surely he that writes as you do , must measure things as you do , by success ; i am not without hopes , that god will indeed restore justice to this lost nation , and make it run down like a mighty stream : for otherwise , as appears by the repeated choice of sir p. w. and others ; there are a set of men must have the priviledge of destroying this church and nation in , only to justifie their having done it once before in . hoc ithacus velit & magno mercentur atridae , and then every honest man could repeat , and truly apply one of the greatest lines in the world. victrix causa diis placuit , sed victa catoni . now sir , i have run through some , if not most of the material passages in your scurrilous preface ; and upon the whole matter it plainly appears , that you hate even the very name of king , since you have as rudely treated , though more covertly , the title of king william , as you have done the person of king james ; and the boldest freedom that the late private pamphlets are furnished withal , comes very short of that with which you have treated the late proceedings . would not a man think you a great courtier when you tell us , the convention did not choose king william , as the persians did darius by the ' neighing of a horse , ( page the d. ) to their immortal honour : but you were resolved that their election should not want what confirmation could be given it , by the same instrument wherewith samson and you have slain your enemies . there are other things that need corrections , but neither the times nor you can bear them now ; but in reference to them i must only say as the governour did to st. paul , go thy way for this time , when i have a more convenient season i will send for thee . and after all , it would grieve me very much , were i conscious to my self that i had measured even to you the same measure that you measured to your , once at least , lawful king , and i should be very sorry that ever i descended to read your preface , fearing the infection of the example ; i cannot , ( though but for half an hour ) put on ill nature enough , to write up to that pitch of satyr , you have both deserved and provok'd , and am but hardly reconcil'd to my very ink , because like you 't is made of copperass and galls : but i dare not give way to the farther progress even of a just indignation , nor had i spoke so far , or in the least engag'd my self either with your book or you , could i have stood unconcern'd at the sight of a degenerous son , like nero , ripping , and like the vulture preyng upon the bowels of his two tender mothers , the university and the church : and here indeed i must break out and say , if grief , though silent , have a voice , if anguish without a tongue be vocal , if sorrow be loud to elah , or the groans of an expiring church , and a consumptive monarchy can be accented ; if a mighty amazement and consternation of an honest mind , but reasonably solicitous for my own and for the publick safety , may be allowed to have any emphasis ; then the injuries which religion and kings suffer from such doctrins , and such men as these , can never want arguments nor orators ; and he that pleads this cause shall sooner be at a loss where to begin , than what to say ; — inopem me copia fecit ; these are miscreant persecutors of crowns , who will not permit the primitive christians to wear those glorious rewards of their martyrdom , any more than they will let them sit quietly upon the heads of kings ; you take as much pains to justifie , as the apostles did to clear themselves of the imputation of being men , whose religion taught them to turn the world upside down ; and therefore before you undertake to answer dr. sherlock , you should do well to answer christ and his apostles in their doctrin and practice , and the truly primitive christians in their writings and examples , you should confute the apologies of tertullian and justin martyr , and the writings of the first and best reformers , the articles of the church of england in general , and in particular the canons of . you should answer bishop usher , sanderson , hammond , and a whole cloud of witnesses in the late rebellious times ; the judicium oxoniense drawn up by sandersou , the decretum oxoniense drawn up by dr. jane the present regius professor ; you should answer dr. scot's sermon at the assizes of chelmesford ; if you are not at leisure , get him to do it himself ; the forementioned letter to the lord russel , dr. falkner , sir robert filmer , the learned and brave judge jenkins , dr. hick's jovian in answer to your julian , and all the acts of parliament that lodge the supremacy and militia in the king alone : this when you have done fairly , and acquitted your self according to the merits of the cause , you shall know more of my mind : but let me advise you to be sincere in your quotations , candid in your inferences , close in your arguments , impartial in your determination , and very modest in your personal reflection ; envy no man who knows more , pity every man who knows less than your self , triumph over the infelicities of no man of what kind soever they be , especially such as are occasion'd by endeavouring to keep a conscience void of offence towards god and man : shun all prevarications in religion , and misrepresentations of persons and things ; it is disingenuously and barbarously done by the author of the history of the convention , he pretends word for word to quote mr. collier's desertion discuss'd , and yet in the twenty first section he has foisted in the word ( popish ) apply'd to judges and justices , and at once deprav'd his meaning , and weakned the force of his argument ; and nothing can be a greater evidence of a bad cause , than making it stand in need of lies and forgeries to support it , without which they could never have driven their master away . criminibus terrere novis , & spargere voces in vulgum ambiguas , & quaerere conscius arma. finis . notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause, octob. , shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause, octob. , shaftesbury, anthony ashley cooper, earl of, - . p. s.n., [london? : ] caption title. attributed to shaftesbury. cf. nuc pre- . place and date of publication from nuc pre- . reproduction of original in harvard university libraries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherley, thomas, - . england and wales. -- parliament. -- house of lords. divine right of kings. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause , octob. . . my lords , our all is at stake , and therefore you must give me leave to speak freely before we part with it : my lord bishop of sarum is of opinion that we should rather appoint a day to consider what to do upon the petition , then to appoint a day of hearing : and my lord keeper ( for i may name them ) at a committee of the whole house , tells us in a very eloquent and studied language : that he will propose us a way far less lyable to exceptions , and much less offensive to our priviledges than that of appointing a day of hearing . and i beseech your lordships , did you not after all these fine words , expect some admirable proposals , but it ended in this ; that your lordships should appoint a day , nay a very long day , to consider what to do in it : and my lord hath undertaken to convince you , that this is the only course by several undenyable reasons . the first of which is , that it is against our judicature to hear this cause which is not proper for us , nor ought to be relieved by us . to this my lords give me leave to answer , that i did not expect from a man professing the law ; that after an answer by order of the court was put in , and a day had been appointed for hearing , which by some accident was set aside , and the plaintiff moving for a second day to be assigned ; that ever without hearing councel on both sides , the court did enter into the merits of the cause . and if your lordships should do it in a cause attended with the circumstances as this is , it would not only be an apparent injustice , but a plain subterfuge to avoid a point you durst not maintain . but my lords second reason speaks the matter more plainly , for it is because it is a doubtful case whether the commons have not priviledge ; therefore my lord would have you to appoint a further & very long day to consider of it , which indeed in plain english is , that your lordships would confess upon your own books that you conceive it on second thoughts a doubtful case , and that for no other reason , but because my lord keeper thinks it so , which i hope will not be a reason to prevail with your lordships , since you cannot yet by experience tell that his lordship is capable of thinking your lordships in the right in any matter against the judgment of the house of commons ; 't is so hard a thing even for the ablest man to change ill habits . but now my lords third reason is the most admirable of all , which he stiles unanswerable , ( viz. ) that your lordships are all convinced in your own conscience that this ( if prosecuted ) will cause a breach : i beseech your lordships to consider whether the argument thus applyed would not overthrow the law of nature and all the laws of right and property in the world ; for it is an argument , and a very good one , that you should not stand or insist on claims where you have not a clear right , or where the question is not of consequence and moment , in a matter that may produce a dangerous and pernicious breach between relations , persons or bodies-politick joyned in interests and high concerns together : so on the other hand , if the obstinacy of the parties in the wrong shall be made an unanswerable argument for the other party to recede and give up his just rights , how long shall the people keep their liberties , or the princes and governours of the world their prerogatives ? how long shall the husband maintain his dominion , or any man his property from his friends , or his neighbours obstinacy ? but my lords , when i hear my lord keeper open so eloquently the fatal consequence of a breach , i cannot forbear to fall into some admiration how it comes to pass ; that ( if the consequences be so fatal ) the kings ministers in the house of commons ; ( of which i am sure there are several that are of the cabinet , and have easie resort to his majesty , and have the direction and trust of his affairs ; ) i say that none of these should press these consequences there , or give the least stop in the career of that house in this business ; but that all the votes concerning this affair , nay , even that very vote that no appeal is cognoscible by the house of lords , should pass nemine contradicente , and yet all the great ministers here , yea bishops and other lords of greatest dependance on the court contend this point , as if it were pro aris & foris : i hear his majesty in scotland hath been pleased to declare against appeals in parliament . i cannot much blame the court if they think ( the lord keeper and judges being of the kings naming , and in his power to change ) that the justice of the nation is safe enough , and i my lords may think so too during this kings reign ; though i hear scotland ( not without reason ) complain already . yet how future princes may use this power , and how judges may be made , not men of ability or integrity , men of relation and dependance , who will do what they are commanded , and all mens causes come to be judged and estates disposed of as great men at court please , is to be considered . my lords , the constitution of our government hath provided better for us , and i can never believe so wise a body as the house of commons will prove that foolish woman that pluck'd down her house with her hands . my lords , i must presume to say something , to wit , what was offered by my lord bishop of sarum , a man of great learning and ability , and always versed in a stronger and closer way of reasoning then the business of the noble lord i answered before did accustom him to ; and that reverend prelate hath stated the matter very fairly upon two heads . . whether the hearing of causes and appeals , and especially in this point where the members have priviledge , be so material to us , that it ought not to give way to the reason of state of greater affairs that press us at this time . . if the business be of that moment , yet whether the appointing a day to consider of the petition would prove of that consequence and prejudice to our cause . my lords , to these give me leave in the first place to say that this matter is no less then your whole judicature , and your judicature is no less then the life and soul of the dignity of the peerage of england ; you will quickly grow burthensom , if you grow useless , you have now the greatest and most useful end of parliament principally in you , which is not to make new laws , but to redress grievances and to maintain the old land-marks . the house of commons business is to complain to your lordships to redress not only the complaints from them that are the eyes of the nation , but also other particular persons that address to you . a land may groan under a multitude of laws , and i believe ours does , and when laws grow so multiplied yearly , they oftner prove snares then the directions and security of the people : i look upon it as the ignorance and weakness of the latter age , if not worse , the effect of the designs of ill men , that it 's grown a general opinion , that when there is not a particular direction in some act of parliament the law i● defective , as if the common law had not provided much better , shorter and plainer for the peace and quiet of the nation , then intricate , long and perplexed statutes do , which has made work for the lawyers , given power to the judges , lessen'd your lordships power , and in a good measure unhinged the security of the people . my lord bishop tells you , your whole judicature is not in question , but only the priviledge of the house of commons , of their members not appearing at your bar. my lords , were it no more , yet that for justice and the peoples sake you ought not to part with , how far a priviledge of the house of commons , their servants and those they own doth extend , westminster-hall may with grief tell your lordships , they have neither presidents , nor reason , nor any justifiable pretence to shew against us ; and therefore my lords if you part with your undoubted right meerly for asking , where will their asking stop . and my lords , we are sure it doth not stop here , for they have already nemine contradicente voted against your lordships power of appeal from any court of equity , so that you may plainly see where the confusion and reason of state means to stop , not one jot of laying your whole judicature aside , for the reason of passing the kings money if not interrupting good laws , or whatever else , must of necessity avoid all breach upon what score soever . and your lordships plainly see the breach will be as well made upon our judicature in general , as upon this ; so that when your lordships have appointed a day , a very long day to consider whether dr. shirley's cause be not too hot to handle ; and when you have done the same for sir nicholas stoughton , whose petition i hear is coming in , your lordships must proceed to a vote to lay aside all private business for six weeks : for the phrase of private business had obtained this last age upon that which is your most publick duty and business , namely the administration of justice . and i can tell your lordships , besides the reason that leads to it , that i have some intelligence of desiring such a vote ; for on the second day of our sitting , at the rising of the lords house there came a gentleman into the lobby , belonging to a very great person , and asked in great haste , are the lords risen , have they passed the vote , and being asked what vote , he answer'd , the vote of no private business for six weeks . my lords , if this be your business , where are you ; if we are to post-pone our judicature for fear of offending the house of commons for six weeks , that they may in the interim pass the money and other acceptable bills that his majesty thinks of importance . are so many wise men of the house of commons so lull'd to pass all these so acceptable things , and when they have done to let us loose upon them , will they not remember this next time there is want of money , or may they not rather be assured by those ministers that are among them , and go on so unanimously with them , that the king is on their side in this controversy : and then i beg your lordships where are you , after you have but the last sessions asserted your rights of judicature so highly even in this point ; and after the house of com : had gone so high against you on the other hand , as to post their declaration and remonstrance on westm. hall doors : the very next session after you postpone the same causes , and not only those , but all judicatures whatever ; i beseech your lordships , will not this prove a fatal president and confession against your selves : 't is a maxime , and a rational one amongst lawyers , that one president where the case hath been contested , is worth a . where there hath been no contest . my lords , in saying this i humbly suppose i have given sufficient answer to my lord bishops two questions , for it is a plain confession that it is a thing never heard of before , for it is the very same case that you formerly ordered , and so strongly asserted , so that upon time and all the deliberation imaginable you declare yourselves doubtful , and you put your selves out of your own hands that power you have no reason to believe on your sides in this question . my lords , i have all the duty imaginable to his majesty , and should with all submission give way to any thing that he should think of importance to his affairs , but in this point it is to alter the government . if you are asked to lay this aside , yet there is no reason of state can be an argument to your lordships to turn yourselves out of that interest you have in the constitution of the government : it is not only your concern , but it is the concern of the poorest man in england , that you keep your station . it is your lordships concern , and that so highly , that i will be bold to say the king can give you no recompence for it . what are empty titles ? what is present power , or riches , or great estate , wherein i have no firm no fixed property ? 't is the constitution of the government , and maintaining it that secures your lordships , and every man else in what he has ; the poorest lord , if the birthright of the peerage be maintained , has a fair prospect before him for himself and his posterity , but the greatest power with greatest title and riches , is but a mean creature , and maintains those monarchies no otherwise then by servile and low flatteries , and upon uncertain terms . my lords , 't is not your interest , but the peoples that you maintain your rights , for let the house of commons and gentry of england think what they please , there is no prince that ever governs without a nobility or an army ; if you will not have one , you must have the other , or else the monarchy cannot long support it self from tumbling down into a democratical republick . your lordships and the people have the same cause , and the same enemies . my lord , would you be in favour with the king ; 't is a very ill way to it , to put your selves out of a future capacity to be considerable in his service . i do not find in story or modern experience , but that it is better , and a man is much more regarded that is still in a capacity and opportunity to serve , then he that hath wholly deprived himself of all for his princes sake . and therefore i declare i will serve my prince as a peer , but will not destroy the peerage to serve him . my lords , i have heard of twenty foolish models and expedients to secure the justice of the nation , and yet to take this right from your lordships : as the king by his commission to appoint commissioners to hear appeals , or that the twelve judges should be the persons , or that persons should be appointed by act of parliament , which are all not only to take away your lordships just right , which ought not to be altered any more than any other part of the government , but are in themselves when well weighed , ridiculous : i must deal freely with your lordships , these things could never have risen in mens minds , but that there has been some kind of provocation that has given the first rise of it . i pray your lordships forgive me if on this occasion i put you in mind of committe-dinners , and the scandal of it , those droves that attend all causes ; 't was come to that pass , that men even hired or borrowed of their friends handsom sisters or daughters to deliver their petitions , but yet for all this i must say that the judgments have been impartial unless in one or two causes , and those we owe most to that bench from whence now i apprehend most danger . there is one thing i have almost forgot to speak to , which is the conjuncture of time , the hinge on which our reason of state turns ; and to that give me leave to say , if this be not a time of leasure to vindicate your priviledges , you must never expect one ; i would almost say that the harmony , good agreement and concord that is to be prayed for at other times may be fatal to us now : we owe the peace of this last two years and disengagement from the french interest , to the two houses differing from the sense and opinion of white-hall : so as at this time the thing in the world this nation has most reason to apprehend is a general peace , which cannot now happen without very advantageous terms to the french , and disadvantageous to the house of austria . we are the kings great councellors , and if so , have right to differ , and give contrary councells to those few that are nearest about him : i fear they would advance a general peace , i am sure i would advise against it , and hinder it at this time by all the ways imaginable : i heartily wish nothing from you may add weight and reputation to those councellors who would assist the french : no money for ships , nor preparations you can make , nor personal assurance our king can have , can secure us from the french if they are at leisure ; he is grown too potent for us at sea , he has built ships this last year , and has . more in number then we ; besides the advantage , that our ships are all out of order , and his so exquisitely provided for , that every ship has its particular store-house , 't is incredible the money he hath , and is bestowing in making harbours , he makes nature it self give way to the vastness of his expence : and for all this shall a prince so wise , so intent upon his affairs , be thought to make these preparations to sail over land and fall on the back of hungary , or is it possible he should oversee his interest in seizing of ireland , a thing so seazable to him if he be master of the seas , ( as he certainly now is , ) and which when attained , gives him all the southern and mediteranean , east and west-india trade , and renders him both by scituation and excellent harbours master of the seas without dispute . my lords , i conclude this point , i fear the court of england is greatly mistaken in it , and i do not wish them the reputation of the concurrence of the kingdom , and this out of the most sincere loyalty to his majesty , and love to my nation . my lords , i have but one thing more to trouble you with , and that peradventure a consideration of the greatest weight and concern both to your lordships and the whole nation : i have often seen in this house that the arguments with the strongest reason and most convincing to the lay lords in general , have not had the same effect upon the bishops bench , but that they have unanimously gone against us in matters that many of us have thought essential and undoubted rights : and i consider that 't is not possible that men of great learning , piety and reason , ( as their lordships are , ) should not have the same care of doing right , and the same conviction what is right upon clear reason that is offered , which other your lordships have . and therefore my lords , i must necessarily think we differ in principles , and then 't is very easie to apprehend that the clearest sense to men of my principles may not at all perswade or affect the conscience of the best man of a different one . my principle is , that the king is king by law , and by the same law that a poor man enjoys his cottage , and also it becomes the concerns of every man in england that has but his liberty , to maintain and defend to his utmost the king in all his rights and prerogatives . my principle is also that the lords house and the judicature and right belonging to it , are an essential part of the government and established by the same law , the king governing and administring justice by his house of lords , and advising with both his houses of parliament in all important matters , is the government i own , am born under , and am obliged to . if ever there should happen in future ages ( which god forbid ) a king governing by an army without his parliament , 't is a government i own not , was not born under , nor am obliged to , and according to this principle , every honest man that holds it must endeavour equally to preserve the frame of the government in all the parts of it , and cannot satisfy his conscience to give up the rights of the lords house for the service of the crown , or to take away the just rights and priviledges of the commons to please the lords . but there is another principle got into the world my lords , that hath not been long there : for archbishop laud was the first author that i remember of it , and i cannot find that the jesuits , or indeed the papist clergy hath ever owned it , but some of the episcopal clergy of the british isles ; and as it 's new , so 't is withall the most dangerous and destructive doctrine to our government and law that ever was : 't is the first of the clamours published by the convocation in the year . that monarchy is of divine right . this doctrine was then preached up by sybthorpe and manwaringe , and others of later years , by books published by dr : sanderson bishop of lincoln under the name of archbishop vslter , and how much it is spread amongst our dignified clergy is very easily known . we all agree that the king and government is to be obeyed for conscience sake , and that the divine presence requires not only here , but in all parts of the world obedience to lawful governours . and that this family are our kings , and his particular frame of government is our lawful constitution , but obliges us in owning only the particular laws of our country . this laudean doctrine was the root that produced the bill of test last session , and some very perplexed oaths that are of the same nature with that end , yet imposed by several acts of parliament . in a word , if this doctrine be true , our magna charta is of no force , our laws are but rules amongst our selves during the kings pleasure ; monarchy if of divine right cannot be bounded or limitted by humane laws , nay what is more , cannot bind it self , and all our claimes of right by the law , or the constitution of the government , all the jurisdiction and priviledge of this house , all the rights and liberties of the house of commons , all the properties and liberties of the people are to give way not only to the interest , but the will and pleasure of the crown , and the best and worthiest of men holding this principle , must vote to deliver up all we have , not only when reason of state , but when the pleasure of the king will have it so . therefore my lords you see how necessarily it is that our principles be known , and how fatal to us all it is that this principle should be suffered to spread any further . my lords , to conclude , your lordships have seen of what consequence this is to you , that the appointing a day to consider is no less then declaring your selves doubtful upon second and deliberate thoughts , that you put your selves out of your own hands into a more then morally probability of having this session made a president against you , you see your duty to your selves and the people , and that 't is really not the interest of the people , but may be the inclination of the court that you loose the power of appeals : but i beg that our house may not be felo de se , but that your lordships in this affair will take the only course to preserve your selves , and appoint a day this day three weeks for the hearing of dr. shirley's cause , is my humble petition . the speech of mr. higgons in parliament at the reading of the bill for the militia the twenty second day of may higgons, thomas, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of mr. higgons in parliament at the reading of the bill for the militia the twenty second day of may higgons, thomas, sir, - . p. printed for roger norton, london : . reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. great britain -- militia. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of m r. higgons in parliament at the reading of the bill for the militia the twenty second day of may. london , printed by roger norton , . mr. speaker , you have a bill of extraordinary importance now before you , and there are many points of law in it , which i will not presume to speak to . i shall leave them to the learned gentlemen of that profession , who have spent their time in that noble study . but because all laws either are , or ought to be grounded upon reason , and all lawes are to give place to that supream law of publique safety , i will make bold to speak something to this bill , though not to the law , yet to the reasonableness and necessity of it . i believe there is no man but is sensible of the mighty mischiefs that the late dispute of the militia brought upon this nation . for what was the fruit of that dispute , and what liberty did the contenders purchase , but a liberty to destroy themselves and ruine their countrey ? a liberty , mr. speaker , worse than the worst sort of servitude . if the question of the militia had been rightly stated , if it had been declared to be wholly in the king , as without doubt in reason and nature it was , and been settled in him with that latitude and those powers as were requisite for protecting himself and his people , for ought i know , the late war had been prevented and all the calamitous consequences of it . i have ever been of opinion that they who are born under a just , legitimate , and hereditary monarchy have the same obligations , and owe the same service to their prince , which the antients who lived in common-wealths did to their countrey . it was an ordinary thing with them to preferr the publick good before their own , and to devote themselves to death , that the place which gave them being might be happy . that zeal which inflamed them with a love to their countrey ought in my judgement to operate in us for the service of our prince . for in a monarchy , the prince represents the country ; the majesty of the countrey is in him , his welfare is the welfare of the countrey , and of every particular person in it : it was a celebrated saying of artabanus captain of the guard to xerxes , when themistocles fled out of greece to the court of persia , stranger , sayes he , the customes and manners of men are different , and that is laudable in one nation which is not so in another . you greeks affect liberty and equality , and to be one as good as another . but we who are persians think nothing so great and so honourable as to serve and obey our king , who is the image of the living god. if to serve our king be to serve our countrey , if the interest of the king be the interest of the publique , if all our lives , safeties , and fortunes are bound up in his , certainly we can not make him too great , or be too concern'd for his preservation . that which first brought men into societies was the fear they had of one another , and a desire of safety . this made them content to pass away that right which by nature they had to all things , that they might be assured of something : this made them transferr and give up the dominion of themselves to others . and hence it was that government arose , from hen●● it was , i mean from the disposing of this ●…inion , that all governments were denominated ; for where the dominion is placed in many , there it is a popular state , where it is in some of the better sort , there it is aristocracy ; where it is in one alone , there it is monarchy . now all these governments may be convenient in their proper places . but certainly the most absolute , the most noble , and to use the words of plato , the most divine form of government is that of monarchy . under this form of government , sir , it is our honour to be born ; to this form of government we have the happiness to be restored from one of the vilest and miserablest anarchies that ever any nation was under . nor is that all our happiness ; we are not onely restored from the worst fort of government to the best , but by the great mercy of god delivered from the worst men that ever ruled in the worst kind of government into the hands of one of the best of princes . now sir , the question before you is , what power you will allow this prince for his and your own preservation . the power of the militia is a thing so inherent in the king , and so inseparable from his person , that without it he cannot perform the ends for which he is a king. he can neither protect us ●…m the attempts of enemies , nor from the violences of one another . so that of necessity the militia must be in him , and in him alone : for to divide it betwixt him and any other is a contradiction in the very nature of government : since where there are two co-ordinate powers in one state , where there are two pretending an equal power to the same thing , and no superiour to appeal to , the question can not be decided but by force , this force will introduce a war , which must end in the dissolution of the government . but the question is not so much where the right of the militia is ( for i find none expresly deny it to be in his majesty ) as how far the power of it shall extend , and what restraints and limitations shall be laid upon it . the king , it is confess'd hath power to levy and array men , but if he have not power to arm and appoint them as he please when he hath levied and arrayed them , to what purpose will they be levied and arrayed ? or if he have power to levie , array , and arm them , and can not lead them out of one county into another , as occasion shall require , and danger call them , to what purpose will they be armed ? or if he have power to lead them where he please , and can not raise money to maintain them , to what end will he lead them any where ? without pay there will be no discipline , and forces without discipline will be worth nothing . it is as good have no militia as an ineffectual one , as a militia which will onely trouble the people and not secure them . it is a vulgar error sir , that the power of the king is incompetible with the liberty of the people . the restraining of the king does not make the people great , but makes the king and the people both little . it distracts and disunites the soveraign power , whereas it is in the union of power that all empire consists . and therefore it is my opinion that this bill as it is penn'd should pass . if i have said any thing , mr. speaker , contrary to the sense of this house , as soon as you declare your opinion i shall retract mine . in the mean time i submit my opinion and the reasons of it to your more venerable judgement . finis . the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, ?- . [ ], [i.e. ] p. printed by t.p. and m.s. for ben. allen ..., london : . reproduction of original in thomason collection, british library. eng ferne, h. -- (henry), - . -- resolving of conscience. ferne, h. -- (henry), - . -- conscience satisfied. england and wales. -- parliament. divine right of kings. a r (wing b ). civilwar no the truth of the times vindicated: whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes rep bridge, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the truth of the times vindicated : whereby the lawfulnesse of parliamentary procedings in taking up of arms , is justified , doctor fernes reply answered , and the case in question more fully resolved . by william bridge preacher of gods word at great yarmoth . psal. . . except the lord keep the citie , the watchman waketh but in vain . quaeso lector , ut memor tribunalis domini & de judicio tuo te intelligens judicandum , nec mihi nec adversario meo foveas , neve personas loquentium , sed causam consideres . hierom. printed according to order . london , printed by t. p. and m. s. for ben : allen , and are to be sold at his shop in popes-head alley . . errata . in the frontispice for soveas read faveas in the epistle , for being asked , read having asked . p. , , , , , , . for truths of the time , r. truth of the times ▪ p for there r. they p . for altha●ius r. altha●ius , for henomus , &c. r. henonius . henning and amisaus . p ▪ . for yet r. yea . p. . for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} p . for duct a naturar . d●cta naturae . p. . for rainervus r. rainerius . p. . for affect r. effect ▪ p. . for under r. into . p . for oppose r. expose . p. . for governed r. governing . p. . for junius , josephus , brutus , read junius , brutus , josephus p. . for ropos . r. propos. p. ▪ & . for dwell r. dwelt . p. . for thats read its . p . for wisd. . r. rev. . p. . for but passive r. not passive , p . for if lawfull r. lawfull . p. . for take of , r. take heed of . pag. . for to which , r. which . p. . for see will ▪ read so will . p. . for committe r. community . p. . for that prince r. the prince . p. . for being read bring : for that that r. that it . there are many faults escaped in the marginall latine , yet because the latine is turned into english , and the authors cited , i do not note those errata . to the right vvorshipfvll , the knights and gentlemen deputie-lieutenants of the county of norfolk . honoured sirs : give me leave to joyn you together in one epistle whom god and your countrey hath joyned together in one service ; it is not in my purpose to blazen your worth before the world , your own actions speak you in the gate , and wise men had rather do worthily then heare of it ; onely observing your unwearied labour of love for god and your countrey . i count it my duty to come forth and meet you with this pen-service in testimonie of my thankfull respects to you . you read numb. . when the wrath of god brake out against israel , that phineas stood up and executed judgement , and the wrath was not onely diverted but himself blessed , yea the blessing was a blessing of peace though wrought out by the sword : your like action in this time of wrath will carrie the like blessing on your selves and houses , yet your work is rather to bring men to justice then to execute it . many blessed comforts w●it on your service . first , we read in scripture but of one man so potent in heaven that he could command the sun to stand still , and he was a souldier , joshua ; but of one man of whom it was said , that he had an heart after gods own heart , and he was a great souldier , david : but of one man of whom christ gave that great testimonie , i have not found so great faith no not in israel . and he was a souldier too the centurion , thus ha●h god honoured your calling . secondly , your work is good , for you are the ministers of reformation . i read of a king of meth , sometimes in ireland , that being asked how certain noysome birds that came flying into that countrey and bred there might be destroyed : was answered thus , nidos eorum ubique destruendos : the way to be rid of them was to destroy their nests . now for a long season many noysome birds have been flying over into this kingdom , and have bred here ; the work of these times , is to destroy those nests of jesuites and jesuited persons , and it is that work which now you are upon . though it cost some paines its worth your labour , happie is that necessitie which leads to better things . thirdly , your cause is just also , agreeable to the law of nature ; for , conservatio sui ipsius est opus naturalissimum , to the law of god : for david though not the representative body y●t lawfully took up armes for his own defence ; to the law of the kingdom , for what more legall then that the houses of parliament should bring in delinquents to triall , and how can that be without armes when the delinquents betake themselves to their armes ? the schoolmen say three things concurre to a just warre . first , jurisdictio indicentis , and for that you have the authoritie of parliament , which , as one writes , if you respect antiquitie , is of all courts the most ancient ; if dignitie , is of all courts the most hononorable ; if authoritie and jurisdiction , is of all courts the most copious . secondly , offensio patientis , and for that you have matter too much , and your enemies too little , the great cause of their armes is but some peece of prerogative ( if they pretend truly ) a cause infinitely beneath so unkind & bloodie a war as this is . thirdly , intentïo boni convenientis , and for that i dare say you are bellando pacifici , your war being to prevent warre , and your present bleeding to prevent some great sicknesse which this state would sink under . fourthly , your forces live and march under as many prayers as ever english armies did , you have preces arma●as ; and though joshua fought valiantly , exod. . yet the prayers of moses ( who was not in the fight ) got the field . fifthly , if you do overcome , you shall not make your selves slaves by your own victories ; we may truly say of some , dum vincunt victi sunt : when they have overcome others , they are slaves themselves ; your religion , laws , and liberties stand all readie to reward your prowes . and sixthly , if you be overcome and die , you die for god and your countrey ; who can bring his life into a better market ? blessed are those that dye for the lord , so that word ● is rather to be read , rev. . . wherefore as heretofore so now much more labour to hold forth the vertues of him that hath called you to this great imployment . as souldiers are more honoured then others , so they should be more vertuous ; he had need carry much grace in his heart that doth daily carrie his life in his hand ; and your souldiers should as well overcome the countreys with their good examples , as the enemies with their swords . when joshua went out to battell against the amalakites his men were all chosen or choice men , exod. . . and saith the lord deut. . when the hoste goeth forth against thine enemie then keep thee from every wicked thing . it is ordinarily observed , that when the jews marched out of egypt into canaan , they carried in their colours some significative signe , judah carried a lyon in his standard , ephraim an ox , reuben , the picture of a man , nepthali an hinde ; a lyon noting their courage , a man noting their skill and understanding , an hinde noting their swiftn●sse and readinesse for execution ; and an ox for patience , strength and obedience . such colours should those weare in their lives that are souldiers for god . the enemies of the churches had their colours also ; the beare , the leopard , &c. dan. . cruell in humane practises , being more fit to be worne in their lives then ours . how can men be faithfull to you that are unfaithfull to god ? dr. ferne , your adversary and mine , writes thus of the parliaments forces ; if a list of the army against his majestie were examined , there would be found if not a considerable number of papists , yet of such as they that employ them would have cause to be ashamed of , &c. it may be some of your souldiers would say as davids did , let me go over i pray thee and take off his head . but let your answer rather be ▪ let him alone , and let him reproach , it may be that the lord will look on mine affliction , and that the lord will requite good for his reproaching this day . and as formerly so now yet more and more let your endeavour be to wipe off such aspersions by sending and employing such souldiers as may not stain your good cause with their ill practise , let your motto be , militia fine malitia . and as for your successe either it will be good or bad ; if bad , measure not the goodnesse of your cause thereby . eventus est stultorum argumentum , it is gods course to give by denying , non habendo habemus . wicked benjamin who took part with the delinquents of g●beah , must first prevaile against not representative , but all israel , who took up armes to do justice , that israel might be the more provoked against them . judg. . and if your successe be good , let your men carry it humbly : humilitie after mercie makes men fit for more mercie . and he that boasts in his own bodie , boasts in his own prison : rejoyce not , saith solomon , when thine enemie falleth . pro. . . your souldiers may rejoyce in gods providence , but not in their enemies blood . zonarus writes that this was the manner amongst the romanes when any triumphed , that an officer stood behind him , saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , look what is behind , and there he saw a bell and a whip ; a whip noting that for all his greatnesse he might come under the lash of misery , which bell-like would sound very loud . thus have i taken the boldnesse to present you with my rude thoughts and this small treatise , concerning which i say as salvian , i have not sought smooth but profitable words . and in which because it hath pleased god to lay the foundation of your proceedings in your good successe at crowland , by the hand and command of that worthie gentleman sir miles hobert , i wish you that blessing which the abbat of crowland when he began to build the abbey would have made the foundation thereof , perpetuam foelicitatem . your humble servant in the gospel of christ jesus . w. bridge . an advertisement to the reader . thou mayst perhaps wonder that this answer was no sooner returned to the doctors reply , which came forth so long agoe , so that now it may seem to come forth too late : know therefore first , that the doctors book it selfe , some while went up and downe in the darke , seen onely of a few . secondly , that the author of the answer living farre from london , it was much longer before he could have the sight of it : after he had it , he soone dispatched his answer , which he left in the hands of some friends here , a moneth since , to be published , but new licencers being appointed , much time was spent in carrying of it from one to another for leave to travell safely : as also printers being full either of businesse or negligence , it comes to passe , that it hath been much longer in the birth then in the breeding . i hope it comes not too late to satisfie the conscience of the well-affected , or to encourage those that are engaged in this so necessary a defensive warre ; and it may be much more seasonable then if before , whiles peoples mindes are generally inclined to goe up with one unanimous consent personally to maintain the true religion , life and liberty of the subiect , which seems to be the likeliest way to put an end to our unnaturall uncivill warres , and happy shall that man be called , that shall help forward that great worke , and be a meanes to still the storme , the end of a inst warre being peace , as the lancing of the wound is for the cure of it . farewell . i. a. an introdvction to the reader . good reader , you see into what sad times we are now fallen : our english sunne is almost set , out day of peace and plenty is almost done ; workmen go from their labour , & beasts go forth to their prey . and it war be the worst of all miseries , and civill warre the worst of all wars ( as indeed it is : for there the parents do bury their children ; a whereas otherwise the children do bury their parents ) then is our condition of all the most lamentable . the disputing time is almost now over : the doctor hath stared so long in bringing up his rear , that i fear the controversie depending , is now rather to be determined with the dint of the sword , then with the strength of the pen : yet because the temple must be built in troubleous times , and the tide of truth doth usually at the first creep up by the bank side against the streame ; i am not unwilling for truths sake , once more to appeare in this cause , that i may deliver it from those exceptions wherewith the doctor hath burthened the same . it is not long since i met with the doctors reply , and at the first i thought it not necessary to give any answer unto it ; partly beeause the subject is so well beaten , that he is almost answered before he hath objected ; partly because i count that reply scarce worth a sober answer , which is clothed with so many scoffing jeeres , and vile reproches , things unworthy ▪ of a d. d. especially such as pretend satisfaction of conscience : but it will finde entertainment with conscience according to its owne nature : for what luther speakes of certaine preachers , is true of writers also . b multi sunt ( saith he ) there are many hot and tumultuous preachers , who would have all things done as they say , not so much willing to be heard because they speake the word of god , as because they are teachers of it , desiring rather that the organ then the sonnd may be commended ; who having meditated and conceived some words , do promise to themselves presently to convert those that heare them : whereas through the wonderfull wisedome of god , they do nothing lesse then what they thought : for the soule of man perceiving that the word preached is compounded with their art , and covered over with humane dung ; that is , poluted with humane affection and passion , it doth therefore nauseat the thing delivered , and is rather provoked then converted . yet because i have been earnestly desired by friends , to open more fully the nature of government and civill government of england , i am not unwilling to set pen to paper againe . for your better satisfaction therefore give me leave to lead you on by some steps or propositions which i shall lay down in the first and second chapters , and then shall come more neerly to answer the doctor . chap. i , now because the basis of our question is , concerning the nature of government , rule and authority , or ruling and governing power ( in which principle our doctor is so much mistaken ) i must ( though at last ) shew what that is . power in it selfe therefore , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word used rom. . properly signifies a liberty or authority to c worke or act towards others , translated licentia from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as licentia à licet : sometimes the word is used in the abstract , as luke . . luke . . sometimes in the concreate , as matth. . . rom. . . . where , saith gerard , d not without great advice the apostle paul doth use an abstractive manner of speech to shew that subiects ought not so much to respect the persons commanding , as the office it selfe in their commandements . take the word in the abstract , so it is all one with jurisdiction , which is ordinarily described to be jus dicendi in invitum . now this governing power is either ecclesiasticall or civill : civill concerning which our question is according to the apostle paul , as gerard , e bucanan , and others have it , is that ordinance of god which is armed with the sword for the terror of those that are evill , and encouragement of those that do well , rom. . . this dominion of jurisdiction is distinguished from dominion of propriety : for dominion of propriety , as medina observes , f is a power of disposing of any thing that is a mans owne to his own profit . the power of jurisdiction or government is not so ; which while some have mistaken , they have attributed so much power to the prince , in regard of townes , castles and forts , as if he had therein dominion of propriety , which breeds much confusion in mens apprehensions , and doth bias their thoughts into state errors . according to alman , secular or civill power , g is that power which regularly is given to one , or more , by the people , for the ordering and preservation of the common-wealth , according to the civill lawes thereof . i shall go no further then the scripture will lead us plainly in this particular : as ecclesiasticall power or jurisdiction is ministeriall , and therefore called , jus clavium , the power of the keyes ; so civill power is lordly , and therefore called , jus gladii , the power of the sword , whereby some are authorized to exercise jurisdiction in common-wealths over others , for the reward of those that are good , and the punishment of those that are evill : that is , governing or ruling power . d proposition . if we take governing or ruling power as abstractively considered , so it is an ordinance appointed by god himselfe , by me kings reigne , saith god . and our saviour when pilate said : knowest thou not that i have power to loose thee ? &c. said , thou hadst it not unlesse it were given thee from above . and againe , give unto caesar the things that are caejars , shewing that as god hath his dues in the world , so the magistrate hath his . besides , we are comanded to obey and submit unto the higher powers , rom. . and why should there be any obedience if the power it selfe were not commanded of god ; yea , the israelites are faulted for contemning of god himselfe , in casting off the government of samuel , which there should not have been , had not government been appointed by god . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , said the heathen . luther calls magistracie , necessarium naturae corruptaremedium , the necessarie remedy of corrupt nature . and tertullian saith well , inde imperator unde homo antequam imperator . the voice of nature is the voice of god : now nature it selfe teacheth , that in a commmunity , or body politicke , there must be justice administred , otherwise the community can never be preserved : but justice cannot be administred , nnlesse authority , power or jurisdiction , be first appointed ; for what hath a private man to do to put another to death ? thou shalt not kill , is made to all men . object . but the apostle calls it , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an humane constitution or creature , how therefore is it true that ruling power is an ordinance appointed of god himselfe . answ. the apostle dorh no where say , that power it selfe , or magistracie in the abstract , is an ordinance of man , but the forme or qualification of it , as monarchy , aristocracie , democracie , ( which are the chanels in which this power runs ) is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . and therefore the apostle having said , be subject to every ordidinance of man , he addeth , whether to the king as supreame , or to the governours , &c. h durandus here distinguishes between institution of power , and acquisition of it secular power , saith he , considered according to its institution , is of god , but according to its acquisition , and way of use , so not : our doctor doth ordinarily confound these in his reasonings ; yea , though he distinguishes them when he sets downe his owne naked judgement , yet when he comes to reason against us , he will take no notice of his owne distinction , neither can we perswade him to it : but the thing being as visible as the sunne , i passe to the third and chiefe step of my discourse , which is this following . ● propos. though power abstractively considered , be originally from god himselfe , yet he hath communicated that power to the people , so as the first subject seat and receptacle of ruling civill power under himselfe , is the whole people or body politicke . to this purpose doctor ruherfords words are very plaine , afree common-wealth , saith he , containes ordines regni , the states that have nomotheticke power , and they not onely by the law of nature may use justa tutela , a necessary defence of their lives from a tyrants fury , but also by the law of nations may authoritatively represse and limit , as is proved by junius , brutus , bucherius , althasius , haenomus . therefore heming , amiceus doe well distinguish between plebem & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , populum : for indeed the multitude ( excluding the states ) or base of the people , can hardly have another law against i tyrant , then the law of nature . but the common-wealth , including the states of a free kingdome , hath an authoritative . so isodore , origen , atistotle , plato , titus livius , plutarch , and that of the councell of basil , plus valet regnum quam rex , the kingdome is more worth then the king , approved by all . thus farre doctor rutherford , professor of divinity in scotland . the reasons of my position are these : first , when god gave the power of the sword to men , gen. . he gave it indiscriminatim , without difference , to all the world , noah and his sonnes being all the men that were then alive in the world ; and he gave not the sword onely to noah , but to all his sonnes that then were upon the face of the earth ; not that every one might ordinarily use it , but that they might , as they thought fit , appoint one or more who might exercise that power that was given to all , as the first seat of it . secondly , because the power of ruling and governing is naturall , and what ever is naturall , doth first agree to the communitie , or totum , and afterward to the particular person or part , as the power of seeing and hearing ( as k facultas parisiensis observes to this purpose ) is firstly in the man and from the man in the eye or eare or particular member . thirdly , because the fluxus and refluxus of civill authoritie , is from and to the people : if the authority of ruling in a commonwealth be given by the people to him that ruleth ( i speake what is jure & regulariter ) and returneth to them againe to see justice done in case that there is no particular supreme magistrate left to rule then the first subject seat and receptable of ruling power must needs be in the people . now so it is , that both these are true , which i shall prove one after another : as first , the fluxus of civill authority is from the people , civill government or authority is derived from the people to the prince , or him that ruleth : they ordinarily and regularly doe and are to communicate that governing power where with such or such a person is so invested : therefore saith the lord , d●ut. . . . when thou art come into the land which the lord thy god giveth thee , and shalt possesse it , and shalt dwell therein , and shalt say , i will set a king over me , like as all the nations that are about me , thou shalt in any wise set him king over thee whom the lord thy god shall chuse , thou shalt not set a stranger over thee which is not thy brother . where we shall see , that the whole power of appointing and setting a king over them , was given unto that people ( as other nations had it ) by god himselfe . for first , god directing them herein , doth not say thus : when thou dwellest in the land which i shall give thee , take heed that thou do not set a king over thee , which thing belongs not to thee ; but as a matter belonging to the people , he saith , when thou shalt say , i will set a king over me , be sure that he be a good one , and such as is pleasing to me . secondly , in that he doth take away the power from them of making a stranger , he granteth them a power to make a brother , as l mendoza well observes . now saith god to them , thou mayest not set a stranger over thee , which is not thy brother . thirdly , what can be more plaine then the words themselves ? in the . verse the words are reduplicated , ponendo pones , according to the hebrew , in placing thou shalt place : and that there might bee no mistake in the matter , god is pleased to explaine the former word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which we translate , set or place , by an afterward in the ● . verse , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies to give , thus , thou mai●st not give a stranger over thee , so that setting and giving in these two verses , are all one , shewing that is firstly in the people to set or give a power unto others to rule over them . secondly the apostle peter calis this civill power {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now it is not therefore called so , onely because it concerns men , or because it is conversant about men , or appointed for the good of men : for then the government m of the church also should be so called but because the way of governing is raised appointed , established by man himselfe , as is observed out of oecumenius n . thirdly , this derivation of authority from the people will appeare also , if men do seriously consider the state of jewish government . there was no people nnder heaven whom god did so immediatly reigne over , as their king ; yet if we observe those kings that were the most immediatly appointed by god himselfe , we shall finde the intervening choice of the people , insomuch as it is said of saul expresly , that the people did chuse him , sam. . . behold your king whom you have chosen and desired , upon which words mendoza observes , that by the word chosen cannot be meant desired , because that word was added too , as different from the former , yet it is said , sam. . . that all the people went to gilgall , and there they made saul king : whereupon , sayes o mendoza , what is more plain ? neither could they make him king otherwise , then by conferring kingly power upon him . i doe not say that god did not make a designation of his person to the crowne , there is much difference between the designation of person , and collation of power . when the israelites were under the government ofthe of the judges , they desired & chose a new way of government , saying to samuel : now make us a king to judge us , like all the nations , . sam. . and when god had yeelded to them , and had designed saul over them , the people also came in with their election and sufftages . neither are these two , gods designation and mans election repugnant , but may stand together : for as zepperus observes on those words , deut. . p thou shalt set over thee a man whom god shall choose ; the election may be of god , the constitution , susception and comprobation of the people by their suffrages . and car. scribanius q who purposely writes of the forme and manner of the jewes government and common-wealth , speaks abundantly and plainly thus : but for that which concernes the creation of the king of israel , he was first ( saith he ) created by the suffrages of the whole people . and if god would have it so then among the children of israel , whom he intended in speciall manner to reigne over himselfe , much more may we thinke that god would have the first constitution of kingdomes to be so ordered now , and amongst other people : wherefore i conclude this , that the prince doth and ought at first to receive his government and authoritie from the people , and that the people themselves do give it to him . and if so , then the first seat and subject of civill government , is the people : r for that nothing can give that to another , which it hath not it selfe first either formally or virtually . and now secondly , for the reflux of authority , so it is , that in case there have been a supreme magistrate in a state , and all particulars cease , and the royall line be spent ▪ and justice to be executed , it returnes to the whole body to see to it . as when josua and divers judges had ruled in israel yet we read that after them , judg. . there was no king in israel , and then was the great sinne committed by the men of gibeah with the levites concubine : whereupon all israel did take the sword of justice , and they said judg. . . to the men of gibea , deliver us the men the children of belial , which are in gibea , that we may put them to death ; which gibea refusing , they did all as one man , goe up in armes against them , god himselfe approving their act . and what had all israel to doe to execute justice , if the power of the sword did not returne to the people , vacante magistratu supremo : neither can it be objected , that though israell had no king and supreme magistrate amongst them , yet they had severall heads of the tribes , by whose power they did come together for the execution of justice , as it might seeme to be judges . . . for sometimes the chiefe of the tribes doth in scripture phrase signifie those that are chiefe in age , wisedome and riches , not such as were chiefe in authority . besides , this action is imputed to all the people , there being foure hundred thousand men that came together upon this designe , vers. , unto whom the levite made his complaint , vers . yee are all children of israel , give here your advice and counsell and all the people arose as one man , vers saying vers . . now this shall be the thing we will doe to gibea , and vers so all the men of israel were gathered against gibea . and least that any should thinke that this worke was done by the power of some remaines of regall authority amongst them , it is not onely said before this work begun , that there was no king in israel in those dayes ▪ judg. . but after all was done ▪ i is said further chap. . . in those dayes there was no king in israel , and every man did that which was right in his owne eyes ; so that jus gladii , the right of the sword , in case of defection , returneth to them again , so far as to see that justice be duly executed : and therefore if both the fluxus and refluxus of authority , be from and to the people , then must they needs be under god the first seat , subject and receptacle of civill power . object . but the scripture tells us , that the powers that be are ordained of god rom. . and it ordained of god , then not of man , nor by any fluxus , or appointment from or of man . ans. not to speake of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies rather ordered then ordained : government is of god two wayes , either by immediate donation , as that of moses , or by mediate derivation , as that of iudges , and the kings of israel . the government of princes now is not by immediate donation or designation , but by mediate derivation , and so it is both of god and man too , as fortescue speakes , quicquid facit causa secunda , facit & causa prima . but the doctor tells us , that kings at first were not by choice of the people , but that election was a defection from , and a disturbance to that naturall way of descent of governing kingly power by a paternall right , pag. . of his reply . that monarchicall government is not a meere invention of man , as democracie and aristocracie are ; but that it is rather ductunaturae , though not jure naturae , we being led there unto through the veines of nature in a paternall or fatherly rule , pag. . as is plaine by the booke of god , that the first fathers of mankinde , were the first kings and rulers : for we see ( saith he ) that the earth was divided amongst noah and his three sonnes , and still as they increased , new colonies were sent out , who had the government both regall and sacerdotall , by primogeniture ; whence it appeares , ( saith he ) that monarchy was the first government , it being late ere any popular rule aristocraticall or democraticall appeared in the world : and that monarchy , how ever we cannot say that it was jure divino , yet it was exemplo divino , the government which god set up over his people , being monarchicall still in moses , judges and the kings of israel , pag. . ans. first , whereas the dr saith , that the first kings were not by the choice of the people at the first , p. . and that popular election was a kinde of defection from and a disturbance to that naturall way , &c. i refer doctor fern unto doctor fern , who saith both in his first and second book , pag. . of his reply , it is probable that kings at first were by election here as elswhere . this i have spoke to already , and shall speak to yet afterwards ; neither doe we take it unkindly that the doctor cannot agree with us , seeing he cannot agree with himselfe . secondly , whereas he saith , monarchicall government is not a meere invention of man , as aristocracie and democracie are , i refer him to what he saith himselfe : for in his first booke , pag. . . he saith : we must distinguish power it selfe , and the qualification of that power in severall formes of government : if we consider the qualification of this governing power , and the manner of executing it , according to the severall formes of government , we granted it before to be the invention of man . and when such a qualification or forme is orderly agreed upon , wee say it hath gods permissive approbation . yet in his reply he makes this forme of monarchicall government , rather an appointment of god , both ducta natura , and exemplo divino , and not a meere invention of man , as other formes of government are . here i must leave him to agree with himselfe . thirdly , whereas he saith ; that the first fathers of mankinde , were the first kings and rulers : for we see the earth divided amongst noahs three sonnes , &c. i referre him for information to the chron. ▪ . where it is said expressely of nimrod , that hee began to be mighty upon the earth ; whereas if noah and his sonnes were kings , their dominions being greater before the d●vision of the earth into after colonies , they should have been more mighty then he . and what his might was ▪ is declared to us , gen. . . and the beginning of his kingdome was babel , &c. here is the first time , as mendoza well observes , that we read of a kingdome after the flood , and that is marked with a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rebellavit : for nimrod comes of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to rebell , as if in erecting his kingdome , he had rebelled against the way of government which before wasused if not appointed . and it should seem strange if god had appointed that way of government by making the sonnes of noah kings ; that cham , from whom came nimrod , who was that cursed and wicked posterity of noah , should keep that government alive which was set up by god ; and that shem , who was the godly posterity of noah , from whom came abram , should not : for we read not that abraham was a king , or that his government was monarchical ▪ but rather the contrary , as chro. . . now these are the kings that reigned in the land of edom , before any king reigned over the children of israel . to this purpose mendoza ſ writeth who saith , before the descent into egypt , the jewes did not constitute a common-wealth , but a family : for ( as aristotle ) a common-wealth doth not arise but from a conjunction of many families ; but the● abrahams family was one , to which isaac's succeeded , and to that the house of jacob . and although in jacobs time , after severall marriages there sp●ang up divers families ( the government of all which could not be occonom●●al● or domesticall ) yet were there not so many families as could constitute any politicall common-wealth , but a middle kinde of community , which is called vitalis , or collectanea . yea in sect. . he proves out of austine , anton. isidore , that kingly government fell in the fourth age of the world : and therefore rupertus compares the fourth age of the world to the fourth day of the creation , t because as that did shine with starres , so this with kings . and whereas the doctor tells us , that this regall monarchicall government is naturall , though not jure , yet ductu naturae , we being led thereunto through the veines of nature , in a paternall or fatherly rule , as is plaine by the booke of god , that the first fathers of mankinde were kings , and so regall government to descend upon the first borne by primogeniture , as their families increased and spread further , &c. pag. . i referre him to what molina and pineda say , u molina will tell him , that power is of two sorts , some that hath its rise ex solo jure naturali , and therefore called naturall , as the power of the father over his children , and those that descend from him : other power there is , which hath its origination from the will of men , they being willing to subject themselves to the supreame , and is therefore called a civill power . so that paternall and civill power are not the same , but have two originals . and if monarchicall government should bee by paternall right , then is it not onely ductu , sed jure naturae ; ductus naturae is that whereby wee are led to any thing by the principles of nature : and that which wee are led to by the principles of nature , is jure naturae : for naturale est ( sayes the philosopher ) quod fluit ex principiis naturae . and so the membra dividentia should interfeere , whereas they ought to be fully opposite . besides , if paternall government doe lead us to regall , and monarchicall , then kings should and ought to rule as arbitrarily in their kindomes , as fathers doe in their families : and if subjects doe deny this arbitrary power to them , they sinne , because they are led thereunto by nature , and so all the kingdomes of the world should he in this sinne : for in what kingdome of the world doth a king rule as arbitrarily as a father in his family . again , this contrivance of government by the doctor , supposes that the eldest man , or father after the flood , though he were never so silly and weake , should be king , and that this regall government must necessarily descend upon the first borne , by vertue of primogeniture . for this i referre him to pineda , where at large in his booke de rebus salomonis , he may read pineda proving that among the israelites the crown did not descend upon the first born , but was alwayes disposed of according to the will of the parent , appointing it to this or that childe ; where he brings in abulensis retracting his opinion , and professing , that though he did formerly thinke that the crowne did descend upon the first borne , by vertue of primogeniture , yet at the last he was of another sentence , because it is said , chron. . . . ruben the first borne of israel , because he defiled his fathers bed , his birthright was given to the sonnes of joseph ; yet verse . juda prevailed above his brethren , and of him came the chiefe rulers . now as they argue , if the crowne belonged to the first borne , as part of the birthright that should have been given unto the sonnes of joseph ; unto whom it is here said expressely the birthright was given : but the rule and crowne was given unto another tribe , arguing that it was no part of the birthright , or any necessary annexum to the primogeniture in those dayes . this doctrine pineda proves by examining the series of all the kings , instancing especially in solomon who was appointed king by david , notwithstanding he was not davids eldest sonne ; and abiah who was appointed by rehoboam , though rehoboam had many elder children ▪ as he clears from chron. , , , . fifthly , whereas the doctor saith , this monarchicall government was the first government that god set up ; in moses , judges , and kings of israel , and so though not jure divino , yet exemplo divino . i consesse i cannot but wonder at the conceit , seeing the difference between the government of judges and kings is so abundantly made out by car. sigonius , feverdentius , ranervus , abulensis , and many others ( a ) sigonius saith expresly , the first government among the hebrews was by the chiefe of the people , and after by kings , that by the greeks being , called aristocracie , and this monarchie ; aristocracie , saith he , was under the judges , joshua , and others , monarchie under kings , which aristocraticall government of theirs is signified to us by these words in deut. . . . these are the statutes and judgements which ye shall observe to do in the land which the lord thy god giveth thee . verse . then verse . ye shall not do after all the things that we do here this day , every man whatsoever is right in his own eyes . and indeed if the israelites were under monarchicall government in the times of the judges and monarchie was then on foot ; why should they desire it as another kind of government which yet they had not , . sam. . saying to samuel , now make us a king to judge us like all the nations : verse . by which it appeares that the government which they had before under the judges was not monarchicall as that which they had afterwards . let no man therefore swallow this principle so often inculcated by the doctor , that the government of israel under judges was monarchicall . for though some of the judges were called kings , yet as drusius and others observe , the word king was taken either more strictly for monarchs , or more largely for such captains and governours as did rule over them ; surely god at the first , by all we can read in the scripture , was pleased to appoint magistracie it selfe and left the children of men free to set up that way and forme of government , which in prudence might best correspond with their condition , still making people the first subject and receptacle of civill power : in proofe whereof i have stayed the longer , it being the foundation of all this controversie . and now passe on to the fourth proposition , which is . th . proposition . seeing that the people are under god the first subject of civill power , therefore the prince o● supreme magistrate hath no more power then what is communicated to him from the communitie , because the affect doth not exceed the vertue of its cause . th . proposition . and as the prince hath no more power then what is communicated from the communitie ; so the people or communitie cannot give away from themselves the power of selfe-preservation . because the same commandement that faith , thou shalt not kill : doth also say , thou shalt preserve . precepts that forbid evill , do command the contrary good . now the morall naturall law of god forbids a man to kill himselfe , and therefore commands him to preserve himselfe : and as by a positive act men cannot make a law to kill themselves , no more can they not to preserve themselves ; the one being as strongly commanded by the morall law , and as deeply seated in nature as the other . secondly , because if the communitie should give away the power of self-preservation , the state should not be in a better but in a worser condition then before . the king and prince is taken into office for the good of the people , therefore called pater patriae , & pastor gregis : not because he may arbitrarily rule in the common wealth as a father doth in his familie ; but because of his tender care that he is to have over his people ; and that the people might live more secure and peaceably in all godlinesse and honestie : but if the communitie should give such a trust to any one that they might not at all defend themselves beyond his actuall appointment , they should be infinitely in a worser condition then before , because before such trust they should be freemen ; but after the trust they should be slaves , unlesse it pleases the king through his own gratious condiscention to let them be free still : for what is a slave but such a one who is so absolutely at the power of anothers command , that he may be spoiled , or sold , or put under the gallies , and there beaten daily , having no power to make any resistance or selfe-defence . thirdly , it is agreeable to the law of nations and reason , that no inferiour court can undo what a superiour court hath done , as where an estate is setled upon children by act of parliament , no inferiour court of justice can cut off the intayle . now selfe-preservation is enacted in the court of nature , as he that hath read but magirus unbound , i meane common naturall principles , will grant , and therefore no act of a communitie can cut off this intayle from their posteritie , or make such a deed of conveyance whereby themselves and their children should be spoyled of self-preservation . ob. but though by nature a man is bound to preserve himself , yet he may destroy or put himself upon that which will be his destruction for the publick good ; doth not natura particularis go crosse to its own disposition , ne detur vacuum ? respons . true i have read indeed that natura particularis gives way to natura universalis , but never heard before that natura universalis gives way to natura particularis , or that natura universalis doth seek its own destruction , or loose the power of self-preservation for the good or betternesse of some particular nature . wherefore if the seat of power be in the community , and therefore no more power in the supreme then was and is derived from the communitie , and the people cannot give away the power of self preservation : then in case the prince doth neglect his trust so as not to preserve them , but to oppose them to violence , it is no usurpation for them to look to themselves , which yet may be no act of jurisdiction over their prince , or taking away of any power from him which they gave him , but is in truth a stirring up acting and exercising of that power which alwayes was left in themselves . chap. ii. having now spoken of power in generall , i shall say somewhat of the governing and ruling power of england ; yet because that concerns the parliament to declare ( which they have done ) and lawyers for to clear which they do , i shall but touch upon it , and no more then comes within the compasse and verge ( i do not say ) of a divine but subject . i find therefore in learned fortescue , lord chief-justice , and after lord chancellor in king henry the sixth time , that he doth distinguish of governed or ruling power into two sorts , the one meerly royall , and the other politick . when kingdoms are ruled by royall government , saith he , then men in a times past excelling in power , and greedie of dignity and glory , did many times by plain force subdue unto themselves their neighbours the nations adjoyning , and compelled them to do them service , and to obey their commands , which commands , they decreed afterwards to be unto the people , very laws . cap. . the forme of institution of a politick kingdom is that where a king is mad , and ordained for the defence of the law of his subjects , and of their bodies and goods , whereunto he receiveth power of his people , for that he cannot govern his people by any other power . cap. . now , saith he , the king of england cannot alter or change the laws of his realm at his pleasure , for he governeth his people by power , not onely royall , but also politick . and accordingly wil. the conquerour ( to go no higher , in whose entrance to the crown dr. f. makes the first contrivement of his english government for conscience to rest upon ) seemes to me to have possest himself of this kingdom , who though he did conquer the same , yet the first claime or title that he laid to this crown was gift , which edward the consessor had made to him ; herauld the former king having promised the crown also to him . in this right he first set foot on the english shore , not in the right of a conquest , but in the right of a gift and promise , as speed , cambden and others affirm . and afterwards when he had obtained the crown , he swore to use and practise the same good laws of edward for the common laws of this realme ; notwithstanding saith mr fox , amongst the said lawes i find in ancient records , this was part , that the king because he is vicar of the highest king , is appointed to rule the kingdome , and the lords people , to defend the holy church ; which unlesse he do the name of a king agrees not to him , but he loseth the name of a king , &c. ly , as the king and conqueror came into the kingdome by this claim , so we finde , that in those times the consent and choice of the people was in use for the establishing of kings amongst them : for when william the first sent to herald to make good his promise , herald answered , that he was rightfull king , as being so by the consent and choyce of the people , as is reported in cambden in his britannia , thus : as concerning the promise of king edw. william is to understand , that the realme of england could not be given by promise , neither ought i to be tied to the said promise , seeing the kingdome is fallen to me by election , and not inheritance . and as for his own stipulation , he said , it was extorted from him by force ; neither he if he could , nor might if he would , make it good , seeing it was done without the consent of the people . yea , histories tell us , that when william the first had beaten herald in the field , the people still were in doubt whom they should chuse and setup for their king : for sayes culiel . malmsburiens edwin and morcard came to london and solicited the citie that they would preferre one of them to the kingdome ; and the rest of the nobles would have chosen edgar , if the bishops would have stuck to them : but the english , who then might have healed the ruines of the kingdome , whilest they would none of their owne , brought in a stranger . so that though william the first had gotten the field , yet was not he brought to the crown , but with the consent and choyce ( though much over-pow'red and over-awed ) of the people . so sayes speed expressely , consent thus gotten , & all voices given for william , he was crowned king at westminster . ly , as the crown in those dayes was obtained by the consent & choice of the people , so i say , that even william the conquerour did not come to the crown without all conditions : for the kentish men would not receive him but upon cōdition , which they proposed thus , most noble duke , behold here the commons of kent are come forth to meet and receive you as their soveraigne , requiring your peace , their own free condition or estate , and their ancient lawes formerly used . if these bee denied , they are here presently to abide the verdict of battell , fully resolved rather to die then to depart with their lawes , or to live servile in bondage , which name and nature is , and ever shall be strange unto us , and not to be exdured . the conquerour driven to these streights , and loath to hazard all on so nice a point , more wisely then willingly granted their desires , and pledges on both parts given for performance . so saith speed in his chronicles , so that it is plain , that even william the first came not to the full crown of england , without all conditions , and therefore our kings and princes pleading their right from him , cannot be kings and princes without all conditions . i know dr. f. tells us , that the kings oath imports no condition , but is taken for confirmation and strengthning of mutuall duties : whether that be true , let any judge who reads but these things . and indeed , if the kings of england were such absolute monarchs , as that no resistance might be made to their commandments for the taking up of arms for the defence of the country , when enjoyned by parliament , then the subjects and people of england must lose this power of selfe-defence : ( for they once had it all men by nature having a power to defend themselves ) either by conquest , as being by force spoyled thereof , or else they gave it away by some indenture at the election of the prince ( for inheritance is but succession of election inheritance or immediate donation from god , or else god hath forbidden this forcible resistance by scripture . if it bee said that this people are spoiled thereof by conquest , and are as a people meetly conquered , then any other sword that is longer then the princes , may fetch back that power again . if it be said that this people gave away this power by indenture at the first election of their prince , then let men shew us such indenture . if it be said , that god hath forbidden such a forcible resistance by rom. . , , . or the like scriptures , then it must be affirmed that the parliament are not the higher powers , which dr ferne granteth : for if the parliament come within the compasse of those words ( higher powers ) then that scripture rom. . doth not reach them , but rather requires others to be obedient to them ; yea , if by the higher powers is understood onely the king , then the two houses may not ▪ make any forcible resistance against any petty constable that comes in the k● authority to do violence to the two houses . surely therefore this and the like scriptures are much abused , the meaning being only to command obedience to authority in all things that tend to the encouragement of good , and punishment of evill ; and therefore there is such a power in the subjects , both by the law of nature , and constitution of the kingdome , to take up arms when the state or two houses expresse it ; not withstanding the expression of any one man to the contrary . chap. iii. having shewed the nature of power in generall , in the first chapter , & the way & manner of englands government in some measure in the second chapter , i now come to the vindication of the truth , as opposed by dr fern in his last book called conscience satisfied , wherein he spends the former chapters mostly in answer to a book called a fuller answer . in his . sect. he comes to examine such grounds as i premised for the lawfulnesse of parliamentary proceedings in taking up of arms as now they do . that i may not weary the reader in turning from book to book , i shall somtimes briefly set down what i had written , then his reply , then give my answer unto it . mr. bridge tels us , saith the doctor , that there are three grounds of their proceeding by armes : to fetch in delinquents to their triall , to secure the state from forrain invasion , to preserve themselves from popish rebellon . dr. ferne replyeth , yet this must be done in an orderly and legall way ; and if conscience would speake the truth , it could not say that any delinquents were denied , or withheld , till the militia was seized , and a great delinquent , in the matter of hull , was denied to be brought to triall at his majesties instance . ans. how true this is that the doctor writes the world knows i need not say : the parliament to this day never denied to try any that were accused by the king , so that they might be tried legally by himself and the two houses , which is the known priviledge of every parliament man according to law . dr. f. but mr. bridge tels us , all this is done as an act of self-preservation , not as an act of jurisdiction over their prince ; and the fuller answer would have us beleeve they are inabled to it by law ▪ and constitution of this government , and that they do it by an act of judgement : let him and mr. bridge agree it . ans. there needs no great skill to untie this knot , not mediator to make us friends , the parliament hath raised this army by an act of judgement and jurisdiction , not over their prince , but in regard of delinquents : so the same act may be a work of jurisdiction in regard of others , and yet an act of preservation in regard of our selves . the execution of any malefactor in an ordinary way of law is both preservation to the state , and a work of jurisdiction in regard of the offender , so here ; yet i do not say it is a work of jurisdiction over our prince , but in regard of delinquents that are about him . dr. f. mr. bridge gives us proofes for this way of self-preservation from the law of nature , it being naturall to a man , and so to a communitie to defend it self . and were this argument good , then might private men and the people without the parliament take up armes and resist , for self-preservation is naturall to them . ans. it follows not , because , though i say every thing may defend it self by nature , yet i say also it must do it modo suo & naturae suae convenienti ; we say that all creatures do defend themselves , and it is naturall so to do ; yet we do not therefore say that a beast defends himself in the same manner as a man doth , or a man as a beast , but in a way sutable to every nature . now if a private person be in danger to be oppressed by a prince , flying is more fit defence for him , and therefore saith our saviour , if they persecute thee in one city , flie to another : but if the state be wronged and oppressed , which is a publick grievance , then the state , and those that represent them are more fit to take up armes for its preservation . for nature in generall teacheth self-preservation ; nature specificated teacheth this or that preservation : now the nature of a communitie , and of a particular person are distinct , and therefore though i say a community is to defend it self because sui tutela is naturall to every thing ; yet i do not say , that a particular private person may ordinarily defend himself in that way which is most sutable to the communitie as the taking up of armes is , yet i suppose no moderate man will denie this that the subjects ( though ) not invested with authoritie have a power to keep out an enemie from landing incase of forrain invasion , yea though the kings officers should be negligent therein ; or so malitious and treacherous as to forbid them to defend themselves and their countrey . secondly , saith the doctor , he proves it by scriptures , chron. . . where the word of god saith expresly , that david went out against saul to battell , but he was sauls subject at that time ; a desperate undertaking to make people beleeve this is expresse scripture for subjects to go out to battell against their king . but he should have added what is expressed there , it was with the philistines that he went out , and that he helped them not ▪ for he did but make shew of tendring his service to acis● . ans. here i need give no other answer then repeat those words fully that he replyes to ( which were these ) which scripture i bring not to ▪ prove that a subject may take up armes against the king , but that the subjects may take up arms against those that are malignant about the kings person , notwithstanding the kings command to the contrary . for seeing that davids heart smote him formerly for cutting of the lap of sauls garment , and yet it is said in expresse words in this text that he went out against saul , its likely that his intentions were against those that were evill and wicked about him . then the doctor brings in another peece of my argument , not the whole reason or the sense of it , thus , be subject to the higher powers , rom. . but the parliament is the highest court of justice . pa. . to which he replies ( modo suo ) well assumed , and so it is , for is not the highest court of justice an higher power ; we grant ( faith the doctor ) there is a subjection due to them , and if he meant by the parliament the . estates concurring all manner of subjection is due unter them . it 's well he will acknowledge any subjection due to the parliament without the third estate . and if any subjection then they have some authority ; but none they can have , if not power to bring in the accused to be tried before them . and if they have power to bring in by force , then . then . then . which cannot be done without raising an army . then he undertakes , sayes the doctor , to shew out of scripture , that kings receive their power from the people , and hath the ill hap to light on saul , david and salomon for examples . ans. the doctor hath the ill hap alwayes to misse the argument which lay thus : if it be the duty of the king to looke to the safety of the kingdome , and that because he is trusted therewith by the common wealth ; then if the parliament be immediatly trusted by the common-wealth with the safety thereof as well as the king , though not so much , then are they to looke to it , and to use all means for the preservation thereof , as well as the king . but so it is , that the king is bound to look to the safety thereof , and that because he is intrusted therwith , as was saul , david and salomon , who came to their government by the consent and choice of the people . whereupon the doctor replies , he hath the ill hap to light on saul , david and salomon . but it seems the doctor had not the good hap to meet with these severall authors which affirme that even these kings , saul , david and salomon , were chosen by the people ▪ if he had read or minded them , he would not have imputed this as an ill hap unto me for to light on these examples , i will give him but the testimony of mendoza who though not of our judgement in this matter , yet ingeniously confesses , that with great probability authors do reason for a popular choise of saul , david , and salomon . whereas saith mendoza , it is objected , that samuel by anointing saul without any consent of the people , saying , the lord hath anointed thee king over his heritage , did thereby clearly shew , that the regall power was conferr'd upon saul not from the people , but from god , that is easily answered , that that vnction was not a signe of power already conferr'd , but to be conferr'd as may be proved by the anointing of david , whom samuel anointed , king. . . dureing sauls raigne , yea while he had many yeares to ra●gnt . wherby it appeares that david did not receive regall power by that unction , but by that which he had afterward by all the tribes & elders ; when coming to hebron they anointed david king over israel ; therfore that first unction was not the conferring the regal power , but only a signification of this latter unction , by which this kingly power was to be derived or conveyed : so also that first anointing of saul before the consent of the people , did not signifie the kingly power already conferred , but to be conferred upon him , to wit , when all being gathered together by samuel to mispah gave their consent , and cryed out , let the king live . he hath fou●d an example and proofe for thetrust of parliement in davids time , cro. . , . because david consults with the captaines and leaders which were officers ●ot of the king , but kingdome , but those were officers of the king and kingdome , meerly designed by him not the people , and called by h m to that trust , pag ▪ true i have found an example indeed in davids time for what i alledged : namely , that there were then certaine officers of the kingdome , not of the king onely , and though under him , yet were they with him trusted with the affaires of the kingdome . this also was the judgement of the protestant divines in france ( whose testimonie i shall relate afterwards ) of lumus , josephus , brutus , zepperus , sigonius , and many others . zepperus saith thus , that in saul , david and salomons time , & so before the captivity , the kingdom of israel was mixed with aristocracie , for it had a senate of . or great synedrim , which sate at jerusalem , whose iudges were called princes , who sitting by the king did dispatch the great affaires of the kingdome , unto whom was referred the choice of the king and high priest , and matters of war and other things greatly concerning the people . of this synedrion josephus saith , nihilagat rex sine senatorum sententia , yea , these senators were in such place with the king , that they were called his friends & brethren , chron. . . and though the dr. saies , those officers in davids time were designed by the king , not the people , yet if we look to the originall in the first of deut. . we ●inde that the people did first give them to moses before he did make them rulers , for v. . moses relating the first constitution of that government saith , i said unto you , give mee wise men , and understanding and known men among your tribes , and i will make them rulers over you : the english translation readeth , take y●e wise men , the hebrew is give yee us , as montanus hath it , & when they had given them to moses , he saith , v. . so i received them ( so is the hebrew ) he would not make any rulers over them , but such as he had first e c eived from them and they had given unto him and so though at the first it pleased god to appoint those rulers or councell of state called the sanedrym or synedrion ( whereupon mendosa saith , that they were equal to moses being appointed by god as moses was , numbers . , , . ) yet that was by and with the consent and choice of the people , not meerly by appointment of the king as our doctor would . car. sigo●ius will tell him out of the tolmodists and other divines , that he had search'd into , that this sinedrion or colledge of elders , did represent the scepter , that the scepter it selfe did depend on it , that none did judge the tribe and the scepter , but this house of judgement . to this purpose gerrara shewes that this synedrion was chosen of the chiefe men of israel , in whom was power of judging controversies , exercising of publique justice , yea of choosing and deposing kings ; and therefore of the talmodist , this councell was called the house of judgement , or the house of the scepter and publique authoritie . and zepperus with doctor biljon saith , this synedrion continued with that people of god unto the time of herod , iosep●us being witnes . i presse not so much as these authors speake of ; but whether there were not in those times of david officiari● regns , wich were not meerly designed by the king : and what inference i do make from thence let conscience judge . againe , whereas i argue from the being and nature of parliament , that if it hath not power to send for by force , those that are accused to be tryed before them , that should not be a court of justice ; seeing that even inferiour courts have a power to force those before them that are to be tryed : and if the parliament may send one sergeant at armes , then . then . then , &c. the doctor replies : therfore inferiour courts have a power to raise armes . ( answer ) this followes not ? for though i say every court hath power to force in the accused ; yet it must be in a way suitable : now this raising of armes is not suitable unto an inferiour court , but to the parliament being a more nationall and publike court then any other is . the dr. tells us indeed that other courts have their posse comitatus . so the parliament have their orders ▪ to fetch and force in the accused , which are established by law , aswell as his posse comitatus is : but saith the dr. i did not know before that all the parliament souldiers were sergeants at armes . answer , how doth hee catch at the word , and let the sence goe ; the sence , scope and drift of the argument , was to shew that as they might send forth one who by force should fetch in the accused ; by the same reason they might send forth ten , and by the same reason that they may send forth , ; they may send forth , so , so , so : the dr. puts off the argument with a jeere , because hee hath no list to meddle with the reason . in the page ▪ hee would enervate the testimonies of divines , which i brought to shew that all protestant divines were of our minde . let us see therefore what hee saith to them . and first he begins with the testimony of the germane divines ▪ and for that saith he : the testimony of the centuriste , speakes nothing to this purpose ; a short answer , soon and ●●sily given , but why nothing to our purpose , nay stay there , the dr. will keepe his reason to himselfe ; i set downe therefore the testimony againe , and let men judge whether it bee to the purpose . governours say they in such things as are repugnant to the law of god , have no power or 〈…〉 above other private men , and they themselves commanding that which is evill , have no power or immunitie above others ; yea , they themselves commanding that which is evill , are as much bound to feare the ordinance of god , bearing the ▪ word for the punishment of vice : for st. paul , rom. . saith that god dia instance and ordaine a power both of defending that which is good , and punishing that which is evill ; and hee commands that every soule , and so the governours themselves should bee subject ●o this ordinance of god if they would be defended by it , and not by their wicked deeds , makes themselves liable to punishment . of the french and low country divines , he brings no testimony ( saith the dr. ) but ( for proose ▪ tels us ne know their practice ; so i for answer may returne him his owne words ; we know what hath been the practice of those protestants , and so they are parties interessed not so fit to give in witnesse . an. very well if they be parties interessed , and so not fit to give in witnes , then they are of our judgment : observe reader here he granteth that the protestant churches , and the divines of france and the low-countries , are parties interessed , & so of our judgement ; what protestant churches or divines then will he alledge for his sentence . will hee have the diviner of switzerland ? i brought a testimony of the divines of the councell of basil , and that hee doth not contradict : are the divines of geneva of his mind ? i brought the testimony of calvin , that hee saith nothing to , but it passeth with him as granted by him . are the divines of scotland ? i brought him the testimony of mr. bucanan , that testimony also he doth not deny ; it may be that was but one , and so he would not take notice of it ; read therefore what mr. knox saith : because this occasion is layed against gods true ministers ; wee cannot but witnesse what trade and order of doctrine they have kept and keepe in that point ; they affirme that if wicked persons abusing the authority established by god , command things manifestly wicked , that such as may , and doe , bridle this inordinate appetite of princes , cannot bee accused as resistaries of authority , which is gods good ordinance , to bridle the fury and rage of princes in free kingdomes , and realmes . they affirme it appertaineth to nobility sworne and borne counsells of the same , and also to the barons and people , whose wills and consents are to bee required in all great matters of the common wealth : which if they doenst , they declare themselves criminall with their princes , and subject to the same vengeance of god . this was the doctrine and judgement of the divines in scotland , in the beginning of reformation , as related by mr. knox ; and what the judgement of the scots divines is for the present , seeing he will not take practise for testimony of judgement , he may read in their answer to lysimachus nicanour thus : as for the lawfullnesse of resistance hee may understand that that hath been the tenet of our church since the reformation , it hath beene the right and practise of our kingdomes , since the first foundation . a number of instances thereof are approved in our standing acts of parliament , unrepealed to this day ; it hath beene the practise of all reformed churches abroad , wherein by queen elizabeth , king james , and king charles , they have been all allowed : and the most of them allowed by powerfull assistance , both with men and money : to this purpose dr. rutherford also as i have shewed already , chap. . ropos , . but it may be the dr. will tell us that the scottish divines are also parties , and interessed in the cause . very good , wee shall shortly have a great party in the protestant churches for us and with us ; what divines then are against us in the doctors opinion ? are the divines of england ? he tels us also , page . yet doe some of them allow of resistance in some cases : good still ; by and by it will arise to somewhat , here is yet more of our party ( as the dr. calls them ) by his owne confession . as for the testimonies that i brought of dr. bilson and dr. willet , he saith that 's plaine they speake of such government , such states , such cases as will not agree to this kingdom at this time . but why not , the dr. will not tell us . if i tell him that peter martyr also professor of divinity in england , was of our judgement , as he may read plainely , ●udg . . hee will tell me , it may be , that peter martyr speakes not of this time , or of this case , or of this state : if i referre him to polanus , dan. . who writes largely in this matter with us , it may bee hee will tell us also that polanus speakes not to our case , to our time , or to our state : but if i referre him to barkley and hugo grocius who well knew the judgment of the low countrey divines . i suppose the dr. will not say those are parties : barcleus saith hugo grocius the most strong defender of regall empire , yet descends thus farre to yeeld unto the people , and the chiefe part of them a power to defend themselves against immane cruelty , when yet notwithstanding hee confesses that the people are subject unto the king : and as for ●ne saith hugo grocius , i dare not indiscriminatim condemne those or that part of the people which doe use this defence having respect unto the publike good : for david had many armed men about him ▪ that hee might repell violence offered unto him ; and at that time david was commended by a prudent woman , that hee sought the lords battell , which words many doe ill referre to davids former battels , where as abigails speech is rather a correction of what naball sayd . many subjects are now fallen from their king , which words that abigail might correct , shee saith the warres of david were godly , as being undertaken not out of defection from his prince , but for tuition and preservation of his owne life . but because the doctor seemes to want some testimonies of the french protestant divines ; i will give him one for all , and surely hee will not say the words are not spoken of such government , such states , such cases , or such times as ours are . this question being on foot in charles time : what is to be done by the subject when he is violenced by the magistrate ; or if the chiefe magistrate degenerate into a tyrant , may the subjects resist by force of arms . that was answered by one learned man , for , and in the defence of the protestants in those times , thus , subjects are of three sorts , either me●re private men , bearing no publike office , or else they are such as are in some inferiour and subordinate place of magistracie ; or else they are such as are so inferiour to the chiefe magistrate that by the laws of the land are appointed to bridle the chiefe : as for private men ( saith the author ) it is evill for them to resist with force of armes , either they must sly , or suffer : as for the second sort they not being the kings houshold servants , but rather to bee called officers of the crowne , depending not so much on the king as kingdome , the king abusing his power to the overthrow of lawes ; these inferiour magistrates ought to oppose , for the conservation of those who are committed unto their trust ; and if need bee to take up armes tilthings bee otherwise provided for by the estates of the kingdome . as for the third sort saith hee , though they in some respect are under the chiefe magistrate , yet in some respect they are keepers of the supreme dignity , that the chiefe magistrate may bee kept in his office ; these may if need require represse and chastise him , for the people is not made for the magistrate , but the magistrate for the people ; his power taking its rise from them . ob. but though this were the first rise of magistracie ▪ yet after the people have chosen their magistrate , they have resigned up their power to him . an. but the people never created or received their kings , but upon certain conditions , which being manifestly broken and not kept , those have power to abdicate , who have power to create ; and this has alwa●es been in use amongst all the most famous nations in the world ; the israeltes , lacedemonians , romanes , danes , swedes , scotch , polonians , and english . ob : but if a magistrate doe degenerate into a tyrant , as wee are not to be obedient to him , so neither are we to resist him . answ . that is onely understood of private men . object . but david spared saul though it were in his power to ●nth moff . an. that is no way contrary to the doctrine delivered for david had many armed men about him whose help ( if need had required ) he would without doubt have used against all , yet thus hee did , having respect rather to his owne defence , then his enemies offence . this testimony tells us what hath beene the practise of all nations : the testimony of the scots in their answer to lisimac●us nica●our , saith expresly that our doctrine is according to the judgment of all the reformea churches : and if these testimonies will not yet prevaile with the dr. i must leave him to his resolves , hee tells us that our homilies are against us , but let him produce any place out of the homilies where it is said that the two houses may not take up armes to bring armed delinquents to their tryall . indeed the homilies speake against subjects taking up of armes against their king , so doe not the parliament , but to defend themselves ▪ and to bring delinquents to tirall ; and therefore when the dr. or other bring forth testimonies of divines ancient , or late , to prove that subjects may not take up armes against their prince , they had as good say nothing , that is not to our case but let them prove by testimonies that it is not lawful for the parliament to take up arms to secure the kingdome , to bring accused persons to tryall , and to deliver the prince out of the hands of malignants , and then they say something to us , else it is but clamor , not reason . at last the doctor speakes somewhat of arbitrary government , p. . which is no way any answer to the reasons that were given by me , proving that his opinion raised the king to an arbitrary government , onely he sets down his further sentence about arbitrarines , eadem facilitate rejicitur qua affirmatur ; the rest of that section is either spent in naked assertions , or jearing expressions , or seeming answers to his other answerers . chap. . the dr. having spent some time upon his other answerres at the . pag. he is pleased to returne to me , where hee would prove that the people of israel did not by any forceable resistance rescue ionathan out of the hands of saul , which worke saies he , was but set off with a souldier like boldnes : let the doctor call this work what he please , saul the king had sworn that jonathan should dre , and the people sweare be should not dye and they being in arms did rescue ionathan saith the text . this rescue the doctor calls in his first booke , a living violence , and in his reply , a setting off the matter with a souldierly boldnes ( i hope the doctor will give us leave to use the like termes , if a prince swear the death of some parliamentary men , who deserve not to die but to be preferr'd , and the people rise up in arms and rescue their ionathans , saying , as we live they shall not die that have wrought this great deliverance for us , this is no resistance , it is but a loving violence , and a setting off the matter with a souldierly boldnes , why may not we call this so , aswell as the dr. that . but i appeale to all reason whether a rescue by men in arms , from those that have swornea mans death , be not forceable resistance . but say wee this is more then prayers and teares , which is th'only remedie allowed by the doctor , to which he replieth , the dr. had no where said , though mr. bridge makes him often say so , that prayers and teares is the only remedy left for subjects , but besides their cries to god , he allowes them intercessions , reproofes , denyall of subsidies and aides . i will not search into the doctors booke for every word , take what he granteth here , yet this souldierly boldnes of rescuing is more then prayers , teares , reproofes , or denialls of subsidies and aids , which is all the remedy that he affordeth as he confesseth now : yet the doctor is so full of this sentence still , that in the . pag. of this book , he saith , that the children of israel being under the oppression of their kings , had no remedie they had , was by crying to the lord ; and againe in the same page saith , all the remedie they had , was by crying to the lord ; so also in his first booke pag. . the people are let to understand , i sam. . ii. how they should be oppressed under kings , and have no remedy left them but crying to the lord . thus doe men forget themselves , and what they have said whilest they contend against truth . then the doctor comes downe to the example of david : and whereas it is urged by us that david did take up arms to defend himselfe from the violence of his prince saul , the dr. replies now as before , that davids example was extraordinary . well but when it is said that david having advantage of saul , did not lay hands upon him to cut him off as he might have done ; what if wee should say , that act of davids was extraordinary would not the doctor tell us that our answer was but ordinary : he tells us , pag. . of his reply , that conquest , one of the meanesiby whch godiranstates kingdomes , and that david being provoked by the king of ammon , brought tha people ●rder , sam. . and that the edomites were so brought under the dominion of judah : what if we should give this answer that these were extraordinary cases . would not the doctor take it for a poore shifting answer from us ; when we say any practice is extraordinary , we must also prove by circumstance , that there was an extraordinaries in the fact , or else acquies in it for our example : but be it so , that davids example was extraordinary , is not our case now extraordinary ? is englands case ordinary : hath it bin thus ordinarily , that arms have bin taken up against the parliament , and delinquents kept from legall tryall by force of armes ? has this bin for many yeares ? see how the doctor helps himselfe by this extraordinary answer . he tells us in his first book p. . that this work of david was a meer defence without all violence offered to saul ; and is not this ordinarily lawfull for subjects to doe so much ; the doctor grants it himselfe , p. . of his first book , that personall defence is lawfull against suddaine and illegall assaults of the prince himselfe , thus farre , toward his blowes , to hold his bands , &c. and the like ; but the doctor in his reply has thought of a new reason to prove davids example extraordinary , because else may private and singlemen do so too . answ : not so , david was not as every private man , hee was anointed of the lord one that fought the lords battells the great states-man in the kingdome ; with whom were joyned ionathan , and many other chief of the tribes therefore it followes not from david to every private man , but to the parlaiment rather , who though not anointed as king and as saul , yet with some anointment from the lord into the place of magistracy , especially being as the dr. confesseth , co-ordinate with the king in supremacy , so farre as concernes nomotheticks . i said before , if davids example were extraordinary , then hee had an extraordinary command for what he did ; if so , how doth the dr. say , there is no command or warrant in scripture for such a practice or kind of resistance . to which the dr. replieth , as if all extraordinary warrants , and instincts given to special persons , should be written in scripture . answ. so then this works of davids , which before was called by the dr. a meere defence is now come to be a matter of special instinct though acts done by speciall instinct , had not alwaies warrant from written scripture before they were done , yet being done and recorded in scripture , there is ground and written warrant for the lawfulnes of our actions , upon the like occasions . i did not say , why then doth the dr , say , there was no warrant in scripture for david , but why then doth the dr. say there is no warrant , or ground out of scripture now for us to doe what we doe ? though it might be instinct then , and without written scripture yet it may be written warrant now . then whereas that scripture is urged ( though not to take up armes against our king as the doctor suggests ) chron. . where it is said expresly , that david went out to battell against saul , the dr. replies desperate shifesthat thesemen are put to , when pretences and simulations , must bee scripture ground for conscience . it 's said before that david made shew ●f madnesse before king achish . mr. bridge might as well inferre ▪ therefore he was mad . answ. will any else besides this dr. make such an inference ? the scripture faith , totidem verbis that he went out to battell against saul that this was but a simulation is not said in scripture , but the scripture doth not say that david was mad , but that he fained himselfe so ; is there then the same reason of the one and the other ? the example of vzziah is next to be cleered : we find that the priests are commended for valiant men , because they thrust out k. vzziah from before the lord , chron. . to which instance the dr. saith , that uzziah the king was stricken with leprosie , and by the law the leper was to be put out of the congregation , and awell apart , which is not consistent with government , therefore it is said of the king ; he was a leper , and dwel● in a severall house , and jotham his sonne reigned in his stead , kin. . i shall ever give the dr. the full weight of his reason ; it seemes by this answer , that hee would have conscience beleeve that the king was discharged from his crowne ▪ by his leprosie , and ●p o●acto thereby dethroned . now see what dr. bilson saith directly contrary unto this doctor vzz ah , saith , he dwell a part in a house from others , because of his leprosie , but you d●e not find that he was deprived of his kingdome , jotham his sonne governed his house , and judged the people of the land , because the king might not be conversant amongst men ▪ by reason of his sicknesse , but the cronne still continued in the father though a leper , and jotham began not his reigne till his father was dead . whom the scripture calleth the king of juda , in the twenty yeere of his reigne , and last yeere of his life . thus dr. bilson ; and though our doctor can ( with what conscience i know not ) joine these words together thus , hee was a leper , and dwell in a severall , house , and jotham his sonne , reigned in his stead , king. . . as if all these words were one , and did touch one another in holy writ , yet in truth they are part of two severall verses , and two other verses comming betweene them , as in the . verse 't is said , the king dwelt in a severalt house , and jotham the kings son , was over the kings house , judging the people of the land , not reigning in his stead as the dr , reads it then at the and vertes , the scripture having spoken further of the king his deeds and death at the end of the seventh it is added , and jotham his son reigned in his stead , these words being annexed to his death as a consequent thereof ; and the dr. takes them and annexes them to the verse at the mentioning of his leprosie , as if upon his leprosie his sonne reigned , whereas 't is plaine he only governed and not reigned , untill his father died ; here i cannot but wonder , that the doctor should so boldly venture to lay violent hands upon scripture , that hee may lead mens consciences into his owne sentence : but i hope the consciences of those that feare god , will take notice of such dealing as this , and abhorre that sentence , that must be borne up with such practices ; he would perswade us also , that the priests here are said to bee valiant men , because of their home reproofe which they gave to the king or because of their withdrawing from him the holy things which hee was not to meddle with , but let him shew us any one place of scripture , where valour being joyned with an expression of force ( as here it is , it being said that they thrust him out ) doth only note faithfullnes in ones place , by giving reproofe or the like . at last the dr. comes to his owne arguments , and labours to recrute them ; and first he tels us that none might blow the trumpet for warre amongst the people of israel , but the supreme magistrate , and therefore the parliament may not take up arms or blow the trumpet for warre , as now they doe ; to this argument diverse answers unanswered have been given , yet hee is not satisfied but still replieth , and i wonder that he should , considering there is no such matter that i can find as hee alleadgeth in the . chap of numbers . t is true the lord speakes there unto moses , saying , verse , when yee sound an alarm ; and ver. . when you blow an alarm the second time , and verse . . when the congregation is to be gathered together , yee shall blow . and verse if yee goe to warre in your land , yee shall blow an alarm with your trumpets , but these words in the hebrew are all in the plurall number , shewing that the blowing of the trumper belonged aswell to the state and princes , of whom he spake ver. . it is not sayd that moses should use those trumpets exclusively hee and not they ; but rather hee joyned with them . secondly , he comes for his defence to that place of samuel ; i sam. . . where saith he , it appeares that the people had no remedy against their unjust kings , but their crying to the lord . mr. bridge answers saith he , samuel , tels them not what should be their duty , but what their punishment , the lord will not heare you , &c. it was indeed saith the doctor , their punishment , because all the remedy they had , which was by crying to the lord should not help them , which had not been such a punishment , if they had had means to help themselves by power of armes . here the dr. saith , that all the remedy this people had was by crying to the lord , which scripture he brings against our resistance to prove what is our duty and how farre it extends : yet page . of his reply , he will not owne such a speech as this , saying , the dr. had no where said , that prayers and teares , are all the subjects remedy . secondly it appeares plainely that this scripture i sam. . is not spoken of the kings right , what he might doe ; but of his fact what he would doe , for the king had no such right over his subjects as to take their childrens fields , and vineyards from them , for which ahab was so severly punishment , yet saith this text of sam. hee shali take your daughters fields , and vineyards , &c. neither can it be objected , that the word used in the hebrew is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies judicium , judgment , or , right seeing ; it also signifies consuetudo , order or manner , as it is well translated in the english , verse . thirdly , though it be said , ver. . then shall yee cry out in that day because of your king which yee shall have chosen , and the lord will not heare you on that day . yet it doth not follow that they had no other remedy but crying to the lord , that 's said in scripture that the people being oppressed with forraigne enemies should cry unto the lord in their distrcsse and because of their sinnes the lord threatens not to heare them , but bids them goe to their idols , and let them helpe them if they can ; doth it therefore follow that they might not detend themselves against forraigne enemies , no such matter : . whereas the doctor saith in this reply , it was no such judgement to cry and not be heard , if yet they had a power to defend themselves by taking up arme ; this answere is very strange from one that calls himselfe a divine : for suppose that god should say to his people , that had a power to take up armes against their forraigne ●nemies , that they should notwithstanding their power cry unto him , and hee would not heare them , nor deliver them from their oppressors ; was this no such judgement , because they might take up arms alas what will all our taking up of armes doe , either way if god will not heare our cryes and prayers . the doctor for his owne defence , and the defence of his cause sayd in his first booke , that if such a deferce as we now use were lawfull , it is a marveilous thing that so many prophetsreprehending the kings of israel and iudah for idolatry , cruely , and oppression , none should call upon the elders of the people for this resistance , page . to this i answered , see the pro elisha expressely calling on the elders to imprison the kings messenger , king● . . the doctor after he comes to himselfe out of a rayling and jeering fit replyes , what 〈…〉 elisha call upon those ●laers for , to impreson the messenger ? that 's more then the text will beare , unlesse to shut the doore against a man be to imprison him . ans. but the prophet elisha , not onely call'd upon them to shut the doore , but to hold them fast . shutting the doore indeed doth not note imprnonment , but shut the doore and hold him fast doth : for what is imprisonment , but arcta & violent a custodia , and these are the words of that text , shut to the doore and hold him fast at the doore . but it 's the doctors manner to take part of the text , and leave th'other part which makes against him ; so he dealeth by our answeares ; so hee dealeth by scriptures . at length the doctor having left me to visit my fellow answerers . as hee calls us for the space of three or foure leaves , he is pleased to returne againe to mee about . rom. and page . hee takes it unkindly that i will not stand to the english translation of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , damnation , but rather translate it so , they that resist shall recoive to themselves judgement . to which i say , that i doe not deny but grant that the word may bee translated damnation : but seeing the word firstly signifies judgement , as piscator observes ; i would not have the dr. so peremptory , scaring people with the word damnation , when as more naturally the word may be rendered othervvise , i told him before what piscators reason is , for the translating of it judgement , he may read what musculus also sayd , and in him what many other divines , who speakes thus . it is doubtfull what iudgement the apostle speakes of here , whether the iudgement where with all the disobedient are punished by god himselfe , or that which is to be expected from the magistrates : the latter way those things that follow doe favour the former way those things that a●e precedent : but it matters not which way we understand it , neither doth any thing hinder but that we may expound it to both : when as both judgements both of god and magistrate are to be feared by those that are un●uly ; but the doctor gives as hee thinkes a good reason why it must needs be translated damnation , and so meant , because resistance there forbidden is a breach of the fifth cemmandement , which deserveth damnation . ans. what then we read rev. . that the church of thiatyra had broken the second commandement in her idolatry and superstition , yet she is threatned with an outward punishment , wisd. . . behold saith chr●●t , i will cast her into great tribulation , and kill ●er ch l●ren with death , yea the fift comman dement is strengthned with an outward promise , h●nour thy father and thy mother that thy daies may belong in the land , and therefore well may the breach thereof be threatned with an outward judgement . againe , saith the dector mr. bridge answeres that only active obedience to lawfull commands is there enjoyed , but passive under unlawfull commands : to which the doctor answereth , both say we , but not so origen : not so ierome , not so chrysost●me and divers others : and paraeus his reason is good , who observes , that according to the apostle , the denying of obedience is all one with resistance forbidden in this rom , for in one verse the apostle saith submit or he subject unto the higher powers ; in th next v hegives the reason , for he that resisteth , &c. so that resisting and not subjecting , or obeying is all one . it is no sinne not to obey unlawfull commandements , but the apostle makes it a sinne here to resist , and therefore the resistance forbidden doth not relate unlawfull commandements but if lawfull . but then the doctor tells us that if these words should be understood onely of active obedience to lawfull commands , and not of passive to unlawfull commands ; the apostle had given the romans but a lame instruction , page . and his reason for that speech followes at a distance , page . because then the romans should not have been sufficiently instructed how to answere the unlawfull commandements of princes , as also , there would have been a gap open to rebellion , for saith he , how easie would be the inference , therefore we may resist when they command unlawfully . answ. this is a strange worke to charge the apostle with lame instructions , in case that a passive obeidience should not bee here commanded , god doth not command every thing in every scripture , yet those scriptures wherein hee commandeth something and not all , are not lame instructions ; the first commandement commands the substance of worship ; the second the right meanes , the third the manner ; and the fourth the due time of worship ; yet the first is not lame because it doth not command ▪ what the second ; nor the second lame , because it doth not command , what the third ; nor the third lame because it doth not command what the fourth ; so here though god should command onely active , not passive obedience in this text , this instruction would not be lame ; but why should it be a lame instruction , the doctor tells us , the because the romans should not be susffciently directed how to answer the unlawfull commandements of princes ; yes surely , if god did here command them obedience to lawfulls , he should at once forbid them disobedience to unlawfulls : but saith the dr. then there will be a gap for rebllion , for how easily would men inferre , therefore we may resist in things unlawfull : i answer , the doctor takes this for granted , which is to be proved , that all forceable resistance is rebellion . . suppose that true which himselfe granteth , page . the first booke , that it 's lawfull to resist unlawfull commands , though not with forceable resistance . and if so , then why might not the romans as well say , this instruction you give us is lame , for you forbid resistance , and yet in some kinde resistance is lawfull a suffering resistance lawfull , and a forceable resistance unlawfull : and yet you have not in this . chap. given us any such distinction , so are we left in the darke , and your instruction lame . but good doctor let us take off our owne halvings , whilst we goe about to charge the apostle with lame instructions , in case he come not just up to our opinions . but to put an end to this matter concerning this text . i appeale to the doctor , whether he doth not thinke that these words ( higher powers ) v. . did not include the romane senate : i say when the apostle commands , let every soule be subject to the higher powers . did hee not command the christian romanes to bee subject to the romane senate ? we know that after this epistle was written to the romanes , as eusebius reports , the romane senate was not onely in being , but so potent and powerfull ▪ that when that was propounded to the senate , whether christ should be acknowledged as good , that was in the senates power to grant or refuse , and they refused . so estius also saith , that the governours of provinces were appointed by the senate , as well as by caesar , when ●eter wrote his epistle : so that still notwithstanding aesar , the romane senate was a high power , and the higher powers unto the people ; and if th y were the higher powers , who were to bee obeyed by this commandement of the apostles : then why doth the doctor bring this scripture to urge our higher powers , and senate to obey , especially when the doctor himselfe confesses . page that the two houses as distinct from the king , fall under the words , higher powers . at last in the . page the doctor comes to that place of peter , pet. . . submit your elves to every ordinance of man for the lords sake , whether to the king as supreme , or unto governours as those that are sent by him ; where after the dr. had a little strok'd himself on the head , and laboured to spit some filth on our faces , he comes to that testimony of calvin ( for that which hee sayes concerning dr. bilson is not much materiall ) who proves that the pronoune him relates to god and not the king : for the reason which i alleadged in my first booke ; now the dr. replies ▪ true , all are sent by god , but it is as true that the governours of the provinces were sent by the king , or the romane emperour . a● . the reader may observe how the dr. doth deale by the scripture againe , for he sets downe the words thus ; to the king as supreme , or the governours as those that are sent by him ; and thus indeed the word him ; must needs relate to the king , but conceales that part of the v. wherein the word god is exprest thus , submit your selfe to every ordinance of god : for the doctor knew , that if hee had set downe that part of the ver ▪ the reader would have perceived that the pronoune him should have related to god , and not to the king ; secondly , observe what he answers ; he tells us that the governours of the provinces were sent by the king or emperour ; that 's not the question now , but whom the pronoune him , doth relate , whether god or the king . and for this he gives no reason , not answeres calvins , and therefore i need adde no more : yet estius his reasons are very full , proving that the pronoune him , must relate god and not the king for sayes he , the apostle peter would move the people to obey the king and governours , which argument is full , because they were sent by god ; whereas if the pronoune him , should relate to the king , here were no motive . . because the apostle peter saith that they are sent by him for the punishment of evill doers , and the prayse of them that doe well , for which cause the wicked heathenish governours did not send the governours , it being known that they sent them for the punishment of those that were good , and for the prayse of those that were evill . and therefore the pronoune him , is to be carryed on god , and to have relation to god , not to the king in this place ; and therefore what the doctour brings from this place , to set the parliament at a greater under then god would have , is nothing worth . the rest of the chapter is spent with his other adversaries ; i having thus delivered the scripture ; from his objections , shall be the more briefe in answere to the after part of his discourse because the onely ground of conscience is gods word . chap. . in the tenth sect. of the doctors reply . i find little to hold us long ; i had told him in my former book that the parliamentary proceedings were an act of self-preservation , and used the similitude of a steeres man shewing that in case hee do not his duty , even the very passengers in time of a storme , for their owne preservation may looke to the matter , which doth not implye the unofficing of a steersman ; so in state , where the chiefe magistrate neglecteth his dutie , &c. the dr. replies pag. . that the prince is not as the steersman , but as he that stands above , and commands , to the starbord or larbord . this is to hang upon the word , and let goe the sence , for the reason holds to him that stands above , and commands as well as the steers-man , neither will common reason say ; that he is unofficed , because the passengers for the present desire or cause him to stand by , that they may looke unto their own safetie in the time of a storme . then he comes to prove that authoritie and magistracie , abstractively considered from the qualification or severall formes of government , is of divine institution . wherein we do all agree , onely i excepted against some of his media , that he used to prove it thus , by those words the powers that are ordained of god ; the doctor understands , the power it selfe of magistracie distinguish'd from the qualification thereof , and the designation of persons thereto , how then did he say , sect. . the higher power in paul is the same with the king , at supream in peter ; the dr. replies , the power of magistracie abstractively taken , may by these words be proved to be of god , though the higher powers here be understood concretively with connotation of the persons that beare the power , for they are here proposed as objects of our obedience which cannot be directed but upon power in some person , and here it is said , a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} existent &c. but how doth this prove either what the doctor would ; or answer me ? t is true , the words higher powers , note both as i have shewed already , both the authority , and persons in the authority . but then the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i say , signifies ordered , and so to be translated , not ordained , for otherwise if the words higher powers note both the abstract and concreat , and this word be translated , ordained , then this scripture shall aswell prove the qualification and designation to be of god , as authority it self : which thing the doctor denies , and first brought this scripture to prove that magistracie is of god in opposition to qualifications and designations . some metaphisical notions about esse and existere , the dr. would find out in the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but i passe them as never intended by the apostle . at last the doctor promiseth , or rather threatens to give me a visit : for so he saith , pag. . i must come home to master bridge , to make him understand the force of my inserence . i had said thus ; in like manner the doctor proves , that power it selfe is of god , because the magistrate is called the minister of god : slipping from the power it selfe , to the person designed , for the power it self is not called the minister of god ; whereupon the doctor saith , i must come home to master bridges , the major of n●●s the kings minister , therefore his power is from the king ; will master bridge reply no ? for the power it selfe is not the major , or called the minister of the king . thus whilst he comes home to mee he comes from his owne home and reason ; forgetting what he had said before , pag. . a lawfull prince , though commanding unlawfully , is still still the minister of god . so then it seems one may be the minister of god in that which is evill ; and 't is true a penall minister one may be a man may sin in afflicting another and yet he may be the minister of god to him that is afflicted , how therefore doth this argue , that because the magistrate is called the minister of god , that his authority is lawfull : and therefore whereas the doctor saith the major of n. is the kings minister , therefore his power is from the king ; will master bridge say no ? answ. hee will say there is not the same reason in regard of god and the king , for a man cannot be the kings minister in a bad action but he must receive power from him but he may be gods minister , i mean penally in an unlawfull action , which god never gave him right or power to doe . in the after lines of this page the doctor saies , that both the fuller answer , and master bridges , every where takes it for granted by me , that monarchy , aristocracie and democracie are equally the inventions of men ? answ. i doe indeed , and the truth of it may appeare from your owne words , p. , . of your first book as i have shewed already . lastly , saith the doctor , master bridges concludes that my proving of the governing power to be of god , but the qualification of it , and designation of the person to be of man , gaineth nothing against resistance , or deposing a prince that doth not discharge his trust : for still the people may say , we may alter the government , and depose the person , because hew as of our designing . doctor ferne , nothing so for of they resist , they usurpe authority , and invade the power that god hath given him , if they depose him , they quite take away that p wer which god , and not they placed in him , because he is still the minister of god . this seems to prove that people cannot depose their prince or alter the government that is set up amongst them ; but what is this to the reason that he pretends an answer to ? to which was thus : if the doctor grant that the qualification of the power is from man , and the designation of the person , then though the power it selfe be confessed of god by the doctor , yet his adversaries that are for the deposing of princes , ( if any such be ) may aswell plead a power to depose the person , or alter the government , aswell i say , as if the power it selfe was appointed , or set up by men . now the qualification and power of designation is granted by him to be of man : and therefore he helps himselfe nothing by proving that authority or magistracie in the abstract is of god . to take away this , he proves that the people cannot depose their prince , or alter the government ; i will not say a wild but surely a wide answer as ever came from a dr. d. the other part of this section is against others , who are sufficiently able to plead their own cause against this dr. in his . sect. p. . the doctor complaines that we have left the king nothing wee could take from him ; and this kind of speech is ordinary amongst some , who are so bold as to affirme ▪ that because we doe not make our selves slaves , we make our soveraigne no king . let him and them read what almaine saith , * a pol tic , saith he is not there o●e said to be regall because there is one above all that is greater then all the communitie , but because there is one above the rest who hath ●urisdictionover every particular man in that com●unitie ; neither were it fir , that there should ●e one such who were so superiour , unles he were indeviable as christ who is able to rule the communitie according to his own will , ●hen the poli ie shoul● be perfectly reg●l . and fortescut saith , poss● male ●g repotestarem potius m●ni it quam augment it we doe not say that god is lesse powerfull because h cannot sin ; nothing is more truly regall then to keep ones will within the bounds of good lawes . it is some miserie not to ave all which you would . it is more miserie to will what you may not ; it is most miserie to have a power to doe what you see will . but if you d●not . saith the doctor re-assume power from the prince , what means the d fference you make of things disposed of by trust , from things disposed of by donation , because they may be recalled , these may not , so you say , pag. . i said not so , but that there is a difference between things disposed by way of donation or sale and things disposed of by way of trust : things disposed of by way of sale or donation are not in our power to recall , things disposed of by way of trust are in our power to look to when the trust is neglected : i would this doctor would but doe us the favour as to alledge our words rightly . the . and . of his book , are spent in proving assertions of the same things that he had sayd before onely pag. . he confesseth it is likely that kings were at first by election , which acknowledgement we receive : but how doth this agree with what he had said before sect. . pag. , where he had said , that election was a defection from that government that god set up at the first ; in the . pag. he commeth to the matter of the kings covenant and oath , which ( saith the doctor ) is no condition on which the kings of this land are admitted to the crown , but a confirmation and strengthening of their mutuall duties by oaths and promises , as it was with the kings of israel . the nature of this oath we must leave unto the parliament and lawyers , who better know then we how it is taken , and on what termes , only thus much i read in speeds cronicle , that the kencish men would not admit william the conqueror to the crowne , but upon condition as i have shewed before ; and if the taking of the oath were only for confirmation carrying no condition with it , why should it be taken at the first comming unto the crowne , and not rather afterwards . what else remaines in that section is so easie , that the dimmest eye that hath conscience in it , may see thorough , for who knows not , that it is a greater evill for a comittee to be wronged by a particular person , then for a particular person to be wronged by a comittee . bonum quo communius eo melius , malum quo communius eo pejus . and why doth not nature teach , that a prince who is married unto his people , is to be faithfull to them as well as that the husband is to be faithfull unto his wife , and therefore that conditions are implyed , though not exprest between the king and his subject , aswell as between a man and his wife ; and so i passe from that section to the doctors two last . chap. . whereas the dr. had said , we sharpen many of our weapons at the philistims forge , and i had shewed the difference between us and papists in this cause . he replieth , difference there must needs be between you and papists in this particular , for they challenge such a power from the pope ; you from the people . very well and is not here a vast difference , the papists say the pope may despose princes , we say in case that prince doth not performe his trust , the people may look to their owne safetie . dr. fern , but we see your party making use of those examples which the papists being for deposing of kings , as of saul , uzziah , and athaliah . the papists bring these examples of vzziah , atholiah , &c. to shew that the high ●riests did , and so the pope now may depose princes , proving that the pope is above princes . wee say with chrisostome and others , that every soul , even priests as they and you call them , are to be subject to higher powers , that that lyes in the powre of no priest to despose princes . . is this to whet our sythe at the philistims forge , to use the same scripture for one purpose , which the philistims doe for another : the papists use that scripture , tibi dabo claves . thou art peter , and on this rock i will build my church , to prove the popes supremacie ; the reformed churches use the same scripture to prove that the power of the keyes is penes ecclesiam , given to the whole church , and not unto a peter onely : do all the reformed churches therefore whet their weapons at the philistims forge , or are they therefore popish because they use the same scripture to other purposes : so here . put you will give the prince leave , saith the doctor to change his religion , so will the papists , if al● his subjects may have free liberty for their religion . not so but he turning heretick , as the papists phrase it , is to be excommunicated and so deposed . dr. fern , but in case he endeavour to force the contrary religion upon his subjects , for that must be supposed how then will your allegeance bold ? very well and yet not whet our ●ythes at the philistims forge for they say that a prince apostatising , is to be excommunicated and so deposed , as you shall presently see : we say that princes are not to be deposed for altering their religion , yea though they should be excommunicated , for the crown is not intailed upon religion . . they deprive princes , we only defend our selves . . they deprive by the popes authoritie we defend our selves by the highest civill authority of the land . againe , whereas i said the papists hold it lawfull to kill a prince and that a private man invested with the popes authority may doe it , we abhorre it ; the doctor replieth , that is their new forge under ground , set up of late by jesuites , i did not meane you sharpened your weapons there , but at the old forge , and however you say you abhorre this doctrine of killing kings , yet i feare and tremble , to thinke , if your soveraigne had fallen in battell by the edge of your swo●d , or sh●t of your artillery , you would have found him guilty of his owne death , in that he would not ( being desired ) forbeare to goe downe himselfe into battell . . 't is well the dr. will excuse us from jesuitisme in this particular , and well he may in all things else , especially here where he knowes there is so much correspondency between his own opinion and the jesuites who ( for the most part of them ) hold , that as all fcclesiasticall power is given to peter , and so to the pope and bishops , not to the church so that all civill power is given immediately to the king , and not to the common-wealth , but only as derived from him ; and therefore well may the doctor excuse us from whetting our swords at the new forge of the jesuites , that being a forge which he reserves to whet his owne weapons at . . neither doe we whet our weapons at the old forge , for i suppose the doctor will say , that aquinas his forge , is of the oldest frame , and he speaketh directly contrary to us , thus , as soon as ever any is denounced excommunicate for apostacie from the faith , his subjects are ipso facto , absolved from his dominion , and the oath of allegeance , whereby they were bound to him . . we say , if a shot of our artillery had fallen on the king ( whereas you say we would have found him guilty of his own death , ) we say , we would have found you ▪ and such as you are guilty thereof , that put him on such designes ; as if a man make a fire to preserve himselfe and his family , and another comes and thrusts a third man into it , we will not fault him that made the fire to preserve his family , but him that thrust the man into it ; but in this matter doctor you have answered your selfe , for you told us in your former treatise , that it is lawfull for subjects to ward their princes blowes , to hold his hands , and the like pag. . now if the prince raise an army against his subjects , how can his blowes be warded , but by an army , and if his army discharge their ordnance and musquets upon his subjects , how can his subjects ward them blowes , but by discharging likewise . and then answer your selfe : what if a shot of artillery should fall upon your prince : but saith the doctor , if you back againe will gather strength for your assertions from the papists reasons , be as like as you will to one another , &c. an. who are most like to the papists you , or wee , i referre you to all that knowes us . see the canterburian self-conviction . and if we may not gather strength of reason from popish authors to dispute against them ; why do either you or we reade them . reason is good where ever we finde it ; neither would abraham refuse the use of the well because ahimilechs men had used it , no more will we refuse good reason , because the papists have used it ; they using it rather from us , and not we from them , and yet in this matter ( as i have shewed ) we doe differ much from them . but you prove a power in the body politick , saith the doctor , to disburthen it selfe ( at the church hath ) of evill members , as papists doe . an. but not as the papists : for we onely presse a necessity of power in the body , to defend and save it selfe from the injury of princes ; they plead for a power in the church , ( & who that church is you know ) to depose princes ; but then saith the drs. hath this church a power of excōmunication still ; so it should be indeed , but since the act which tooke away the high commission ; and ( as the party you plead for would have it interpreted ) all ecclesiasticall censure too , where doth the exercise of that power rest , upon , whom now is the argument turned ? page . an. surely upon your selfe , for there is no church of christ , but whil'st it remaines a church hath a power left in it ( though the exercise may be long suspended ) to see to it selfe , and its owne preservation , i say a power from christ to excommunicate , though it should bee denied from men ; and it seemes a strange thing to mee , that the churches of england have no power left , because the high commission is downe , as if that court were set up by christ himselfe . the body naturall hath power to disburthen it selfe saith the doctor , so hath the common-wealth too ; but will you have the naturall body disburthen it selfe of the head , or worke without it . an. neither doe we goe about to cut off our head , but say in the generall ; if the head should bee distempered through ill vapours that arise from inferiour parts , so that it cannot discharge its office , it 's lawfull for those that are in place , to give physick to the body , that even the very head it selfe may be the more healthfull . and whereas i had shewne , that there is not the same reason , that the people should re-assume their trust in case the parliament be negligent ; as there is , that in case a prince neglect his trust , the parliament and people should see to it , the doctor replies , but if by ordinances thence issuing , they bee spoyled of their property and liberty , which is supposed in the case they will quickly feele it so . an. this is but an infinuation of a grosse scandall , no reason : onely the doctor argues p . will not the people as easily conclude , they may free themselves from the trust given to those parliament men , chosen by them , as renounce ( according to your lessons ) their trust given to their prince : in all reason they will hold their representatives more accountable to them then their prince can be . an. this is a scandalous charge to say that we lessen men to renounce their trust given to their prince , whereas wee onely say ; the people have a power to defend themselves , and when cause requires to excite , and actuacte that power which was alwayes residing in them , and never given from them . secondly , how can the people as easily renounce their trust given to the parliament , when the people themselves conclude and say , that what is done by the parliament is law ; which they doe not say , as concerning the prince , but rather know that for law he is directed by them ; but saith the doctor this is to make them arbitrary , and to lead the people after them by animplicite faith . an. the doctor is much against the implicite faith of the people , both in this ▪ and his former booke : it were well that men of his strayne had been so much against implicite faith in the matters of the church , where it is more dangerous , where they were not , witnesse the &c. as now they are against the implicit faith in the common-wealth , where it is of lesse danger . againe , why will this make the parliament arbitrary , or cast the people into an implicite faith ? it 's granted by all that the king and both houses may enact lawes , whereby the people are to be ruled , beleeving that those lawes are best for the common-wealth ; doth this make the government of king and parliament arbitrary , or rayse the people to an implicite faith ? no more doth it here . an arbitrary government is where a king may rule pro a●bitrio , as a father in his family , which power the doctor doth give unto the king by his paternall right , sect. . and so indeed there is roome for an implicite faith , for that children have most of all an implicit faith in that which their fathers say . finally master b. endeavours to shew ( saith dr. ferne ) how they can answere the oath of supremacy , an● the protestation , by taking of armes ; but who knowes not ( saith the docto● ) if that party of brownists , and anabaptists , which are now so prevalent in the armes taken up against the king , should get the upper hand , what would become of the kings supremacy and government ? an. here is a loud cry against brownists and anabaptists , but who are brownists ? not all those that are against prelates , and not for the english common prayer book ; for then all the reformed churches are brownists . and as for anabaptists , i wish it may bee considered , whether they doe not take some footing for their opinion from the common prayer booke : they deny baptisme to infants , upon this ground , because actuall faith and repentance is pre-required to baptisme ; and doth not the common prayer book seeme to acknowledge as much , when as before baptisme , the witnesses in name of the infant must answer to these questions , dost thou beleeve ? dost thou renounce the divell and all his workes ? i must nakedly professe my judgement against that opinion , yet were it not good , that the very common prayer booke should come under consideration upon this and other reasons . secondly , if men were so much for protestant religion , and against papists , as is here pretended , they would never be more afraid of brownists , and anabaptists , then of papists ; seeing they are of the protestant religion , and differ not from us in fundamentalls , as the papists doe . thirdly , suppose that that army should prevaile , wherein there are brownists , & anabaptists , as you say , yet is there not so much danger that they should prevaile to mislead the parliament , who are three or foure hundred ; as that papists , should prevaile to mislead one . fourthly , though there should be anabaptists , and brownists in the army , yet they doe not sight against the kings supremacy and his government as the papists do against the protestant religion , and being of parliaments , whose powder treason is famous ▪ or rather infamous to all generations . at last the dr. tells us concerning supremacy , that the king is supreme , not so much in opposition to particular persons , as in relation to the whole body politique , of which he is head . we say the king is supreme and head of kingdome severally and joyntly considered , dr. ferne indeed tels us , that the two houses of parliament are in a sort co-ordinate with his majestie , to some act or exercise of the supreme power , that is to making laws , by yeelding their consent . and if they bee co-ordinate in that act of supremacy , paraeus and others will tell him that the nomothetick part of supremacy is the highest . we acknowledge the king our supreme to defend us ; but not to defend our selves where cause requires , gives a supra-supremacy unto him . what else remaines in this sectionis either matter of words and bare denyall to what hath been said or answered to his other answerers . in the next section ▪ page ▪ the dr. saith , mr. b. enters upon a loose discourse against episcopall government , i reserve him for his better instruction to a booke entituled episcopacy asserted . ans. no other loose discourse then what his loose treatise lead mee into ; and for the drs better instruction i refer him to mr. baynes his diocesan , mr. parkers ecclesiasticall politieor altare damascenum . and whereas i said , now the dr. shewes himself , he had rather the kingdom should be imbrued in a bloody warre , then episcopacy should down , because he had said in his treatise page . that the king has reason by power of armes , to divert the abolishing of episcopall government . the dr. answers nay , mr. bridge , you and your party in arms show your selves what spirit you are of , who will have this land imbroyl'd in a bloody warre , rather then episcopacy shall not down . not so doctor , there is not the same reason , why you should retort these words upon us , for i had no where said , the parliament hath reason by power of arms , to divert the evill of that government ; yea i am so farre from it , that i professe freely that if the king and parliament would establish that government still to be continued , that the people is not bound to rise up in arms , to root it out , though i judge it evill : yea if any man be of that opinion i think he is to be suffered to live , enjoying himselfe and his estate here . then pag. . the dr. saith to that of sauls speare restored ; mr. bridge replies , though restored before demanded , yet not before saul had humbled himselfe to david saying , i have sinned , &c. we know , saies he , what you looke for , his majestie hath not bin ashamed to doe it with great condiscention . an : 't is possible a king may faile for not humbling himselfe before his subjects , chron. . . . and zedekiah did that which was evill in the sight of the lord his god , and humbled not himselfe before jeremiah the prophet . and though his majestie had yeelded and humbled himselfe yet lower , he would be no loser thereby , we know what the old counsellors said , chron. . . if thou be kind to this people , and please them , and speake good words to them , they will be thy servants for ever . finally ▪ whereas i had shewed that ziba , and those that resorted to david in his distresse , were not of another religion , and by law to bee disarmed , as the papists now are ; who have entertainment in his majesties army : the doctor answers , though by law papists are not to have arms at their dispose , yet are they not quit of the duty and service of subjects . they owe no more duty to king but according to law , and by law they are to bee all disarmed ; wherefore good dr. maintaine this illegall way no longer , give glory to god , and say you are convinced of this truth ; which indeed you cannot but be ; if you doe not shut your owne eyes : for you told us in your former treatise , that subjects may lawfully for their owne defence , hold the kings hands , and how so , ( if he raise an army ) but by an army . neither can you be so weake as to thinke that the great senate of the kingdome , that all the commons , gentlemen , and nobles , should be so at the mercy of every meane person , invested with the kings authority , that if a petty constable , or other inferiour officer doe offer violence unto them , that it shall not bee in their power to make a forcible resistance , because they are clothed with the kings authority : good sir , in the feare of god , make your humble addresses to his majestie , and petition him to return to those that are faithfull to him : the worst that he can lose , you know ( if you pretend rightly ) is but a piece of prerogative , or some exercise thereof for the present ; why should so good a land as this be imbrued in blood for such a cause warre , being the worst of all evills , and therefore not to be undertaken but to prevent gravissimum malum . and is the losse of some part of the prerogative or exercise thereof for the present such ; i beleeve you cannot say so : wherefore labour , labour you to take off those exasperations that are amongst men with you ; and doe not still put your unguem in ulcere ut recrudesoat dolor . tell the people amongst whom you are of that sinfull way wherein they now are so shall you liberare animam tuam . but if you will not it may bee those words which you read in ezech. . . will lie hard on your conscience another day . now the god of all peace ▪ give us peace , but truth with peace , in christ jesus . amen . finis . notes, typically marginal, from the original text notes for div a e- foelix necessitas quae ad mel●ora ducit . vetustatem si spectes est antiquissima , si dignttat● mest honoratissima , si jurisdictionem ●st copiosissima . quo modo fidem praestabunt autboritat● qu● deo sunt persidi . cons. sa●●ff . pa. . qui gloriatur in viribus corports gloriatur in viribus carcer● . nos autem rerum magis quam verborum amatores sumus ●tilia potius quam plausibilia sectamur , & in his scrip is non lenocinia esse volumus , led remedia . salv. epist. ad solon . to the end that the abbat might have an happy beginning of this work from some luckie manner of presage , he solemnly appointed the day of st. perpetua and of st. felicitie , in which he would lay the first foundation cambd. britan ▪ lincolnshire . notes for div a e- a nemo it a amens est ut bellum quam pacem malit : nam in pace filii patres , in bello patres filios sepeliunt . herod . b multi sunt praedicatores aestuantes & tumultuantes , artibus qui ut dixerint omnia facta velint , non tam volentes audiri quia verbum dei dicunt , quam quia ipsi sunt verbi doctores , organum magis quam sonum commendari petentes horum portio , qui meditatis & conceptis à se verbis permittunt sibi ipfis nunc bos nunc illos pungere & mordere , & statim convertere , ubi fit miro deiconsilio , ut nihil minus impleant quam quod cogitaverunt . sentit enim naturaliter anima bominis verbum arte super se compositum esse , & stercore humano ut apud ezek. est opertum , id est , humano affectu pollutum ; ideonauseat super illo & potius irritatur quam convertitur . luther . c potestas in genere est facultas quae dam propinqua ad exercendum aliquam operationem in aliquo supposito , ut domificator babet potestatem domificandi , id est facultatem qua in propinquo potest exire in talem operationem . alman . depotest eccl. & laic q. . apud gerson . d vbi non sine gravi ●onfilio apostolus abstractivalocutione uti voluit , ut ostenderet subditos non debere ad personas imperantium respicere , sed adipsorum officium quo divinitus sunt instructi . ger. de mag. polit. cap. . e in epist. ad rom. regem ettam definit prope ad dialecticā subtilitatem esse enim ait ministrum cui gladius traditus est ut malos puntat , ac bonos foveat & sublevet . buchan de jure regni apud scotos . magistratus in abstracto ex loco apostolico , rom . sic dosmire potest , est potestas à deo ordinata , gla●io armata ut sit custos divinae legis & aliarum honest arum constitutionum ad conservand . pacem in genere humano , & re●pub . salutem obtinendam , ger. de pol. mag conclus gen. f dominium jurisdictionis est potestas gubernandi subdiios suos cujus actus sunt praecipere vetare , judicare , punire , pr●miare . dominum oroprie●atis jus disponendi de r● aliqua in suum com●●●dum . medina de jure & justitia . g potestas secularis vel laica , est potestas à populo vel successione haere atarea , vel ex electione alt●ui , vel alicubus traaita regulanter ad aedificationem comm●nitatis quantum adres civiles , secundum leges civiles pro constitutione habitationis pacifi●ae . alman . ibid. h potestas secularis sive lai●aest a deo quantum ad debitum , sed frequenter non est a deo quantum ad acquisitionem vel usum nam secundum dictamen rectum debitum est taiemesse potestatem naturaliter enim iudicant bomines quod oportet eos subdi alicui qui eis judicium & ju● a●ministres , exordinationem enim ●incitum est nobis tale judicium naturaleut consormiter adipsum veniamus , & boca deo , sed non est a deo regula●iter ad istum sensum quod alicui deus communi●aret istam jurisdictionem laicam , &c. durand . lib. de origine juris . i ioh. brut. q. . bucher . lib. . p. . althusius polit. cap. . henomius polit. dis. . . isod . lib. . origen cont. celsum . cap. . aristot . polit. lib. . c. . plato de rep. cap. . livi lib . aeneus silvius de gestis concil. basil . vide rutherford in his plea for presbytery , chap. . pag. . k vulgare est atque indubtratum fidei axioma deum & naturam prius atque immediat us ad totam suppositum quam ad aliquam partem suppositi quamvis nobilissimam intendere ; eum que ob causam faccultatem videndi datum esse bomini ut per oculum tanquam per organum & ministrum hominis exerceretur ; namoculus per & propter hominem exist it . facultas parifiensis de pol. eccles ▪ et istudetiam deduci potest ex thom aquin. . ● . q ▪ . omnis enim pars ordinatur ad totum , cujus est pars vel imperfectum ad perfectnm , & sisalutitotius corporis expediat abscissio alicujus membri puta quia est putridum aut ceterorum infectivum in toto corpore residet potestatem illud perscmdendi . quid ergo quelibet persona comparetur ad totam communitatem sicut pars ad totum , ideo si aliquis sit pernitiosus in communitate laudabiliter a communitate interimitur . almain . de authorit . ecclef . apud gers. cap. . l auferendo potestatem ad faciendum externum supponit ad faciendum naturalem nam qui potestarem solam excipit ad regem ex peregrina natione constituendum plane illam supponit ad constituendum expropria . mendoza in sam. . . . m et sic ●angitur prima differentia inter has duas potestates quia ecclesiastica estimmediate a ob ▪ sto instituente , sed laua quamvis sit a d●o ex ordinatione quantum ad debitum nu●qu●m tamene● . a leo regula●iter & immediate instituendum . almain . de potest . ecccles . & laic cap. . n vocatur human a ordinatio non respectuprime originis & principalis causae efficient is , sed respectu cause instrumentalis , quia per bominem sapius constituitur magistratus ut oecumenum in commeut . humanam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} opponit per {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} quod constitutus & positus sit magistratus ab hominibus deo tamen sic innuente & sanctiente gererd loc. com . fol. . o quil apertius neque enim videtur aliter eum regem fa●ere potuisse quam ei regiam potestatem conferendo . mendoza sam. . p vbielectio regis deo constitutio susceptio velcomprobatio populi suffragiis tribuitur . zeppeperus leg. mosaic . forens explan ▪ lib. . cap . q qnod autem adcreationemipertinet creatus est primum s●ffragiis populi universi ▪ &c. car. scr. de rep hebr l. . c. . r ergo illa authorit as est perprius in communitate quia nemo alteridet quod non habet . 〈…〉 ſ ante discensum in egyptum in quo hebraei non ren publicam sed samiliam constituebat ; nam ( ut ari●t ) non nisi ex multis samiliis coales●it respub ▪ tune autem una erat abrah●e domus , in quam successit isaac , & in bane domus jacob , & quamvis in tempore jacob : post connub●a plures ●am familtae darentur , quarum omnium gubernatio non potuit esse oeconomica , ta●en non e●ant it a m●ltae u● politicum rempublicum ▪ conflarent , sed medtant quandam commitatem quam vitalem seu collectaneam appellant . mendoza tom. annot. . proem. sect. . t quia ut hec sideribus , it a illa regibus fulgurant . . sect proem . u quaedam namque potest as est quae ortum babet ex solo jure naturali , quae de causa potestas naturalis dicitur talis est potestas patris in filios & in alios descendentes alia vero est quae ortum babet ex bominum voluntatibus se illi subjicere voluntium & idcirco civilis potest as dicitur-molina de jure & just . disp. . tract. . ex succedentium line● in qua paucissimos invenies primogenitos succedentes parentibus , qua e abulensis aperte satetur se retractare communem sententiam quam ipse aliquande sequutus fuisset , & jam tunc asserere successionem in regnum aut principatum nunquam fuisse ●lligatum ●ut debitum primogenitis , & confirmat ex to quod paralip . . . primogenita ruben data fuere josept , fili●s & tamen juda regnabat . pineda derebus salomonis , lib. . cap. . ipsonatur● jure omnes aequaltter filios patri succedere do●uit . arist ethick . decreto item & voluntate divina indiscriminatim salomonis posteritati pollicetar . dem regnum sed ub●plures erunt filii ad solum parentis voluntatem spectasse videntur . abulensis addit posteriorum regum tempore invalescente consuetudinem b●reditarium regni jus ad primogenitos devolutum esse ; ego vero perpetuum fuisse existimo ut regni successor expar●utis a rbitrto & voluntate penderet ut ex serie regum patet . pineda lib. . de rebus salomonis cap . . . a ceterum cum deforma reipub. quaritur nibil aliud quaeritur nisi penes quem principatum summa rerum fuerit constituta ; hae● vero apud haebreos primum penes optimates posita fuit deinde penes reges quorum principatum illum aristacr●cian , hoc regnum greci vocarunt , aristocratia suit sub mose , iosua , ●●●ioribus & indicibus , reg●um sub reg●bus de aristo●ratia 〈…〉 non facietis , &c. car. sigon . li ▪ . ca. . effectus non exce●●t virtutem causae suae . a homines quondam potentia per pollentes , avidi dignitatis & gloria vicinas s●pe gentes sibt v●●ibus subjugarunt ac ipsis servire obtemperare quoque jussionibus suis compulerunt quas jussiones ex tunc leges hominibus illis esse ipsi sanctierunt . fortes . de laudibus legum angl. ca. . ad tutelam namque legis subditarum & corum corpus & bonorum rex homini erectus est , & ad hanc potestatem a populo esluxam ipse haec , quo einon li●et potestatë alia suo populo dominari . c. . princtpatum namque nedum regali sed & politica , ipse suo populo dominatur . c. . fox act. monum. of will . conqueror . ex lib. regum antiquorum in pretorio londinensi . mr. fox act. moxum . ibid. nam precedentibus diebus edwinus & morcardus apud london audito interritus haroldi nuntio urbanos solicitaverunt ut alterutrum in regnum subl●varent , caeteriproceres edg irum eligerent si episcopos hererent , sed angliqui in unam coeunies sententiam pot●issent patrie reso mare ruinam dum nullum ex●suis volebant ● d●xerunt alienū . gui malms . ●e wil primo , lib. pag . speed chron. of will. the conquerour . answ . quod si objicias samuilem ungendo , sa le a absque ullo populi consensu ▪ acdicendo ecce unxit te dominus super heareditatem suam i● principem , reg , . n , manifeste indicasse regiam potestatem sauli collatam , non á populo , sed á deo immediate profecta● esse ; facile responder i potest , illam unctionem non fuisse signum potestatis collatae sed confe●endae , ut probari potest ex unctione davidis 〈…〉 ● samuel unxit , reg . n. . ●●guante adhue saule , im●multis post annis regnatu●o . vnde per eam vnctionem non accepi david regiam potestatem , led per ●●m qu● postea sacta est ab universis tribabus , et ●enio●ib●s , quando venientes in hebron un●e●unt david in regem super israel reg. . . . q●a●e illa prior unctio non fuit colla io regiae potestatis , sed tanti●m significatio qu edam hujus posteriotis unct●oni●● per qua● confe●end● erat illa regia potesta●● sic ig●tur et prima illa saulis unctio ante populi consensum , non significav●t regiam potestatem collatam , sed confercudam , quando 〈…〉 quin s populus a samue●e congregatus in m●●pah , 〈…〉 praebuit consensum , & ●lamavit vivat 〈…〉 ita possunt p●o hac pa●te ●jus auctores non pa●um prob●biliter argumenta●● , mendoza in reg. cap. , num . pag. ● . answ . hujus autem temporis respub. monarchica fuit , aristocratia tamen perm xta , et accellit ali quid etiam democraticum , habuit enim senatum septuagint , cujus judices pat●ien et principes vocantur ; regi assidegtes summum regni , judicium conficiebant , ad quod di●●iciliores ●ausae ▪ regis & pontifiers elect●o , beili gerendi consultatio , al●a que totum populi corp s concernentia refer . ●ban . tur . de hoe synedrio josephus nihil agat ex sine senatorum sententia fuerunt ●ue hi eo apnd reges loco , ut fiatres eos suos dicerent zepperus mosaie . fo●en . expla. l. ● . cap. . dedit illis deus seniores . q●i per omma ill ▪ equales forent , ut patet numb. . . etin ipsis s●eptrum ipsum pen ▪ debat , nemo autem dijudicat tribum sceptrum , &c nisi domus judicii , ca● . s●r●t . ●iv . . cap. . penes quos erat summa potestas judicandi controversa , & exer●●ndi judicia publici , quin & reges elegendi , et deponendi , unde a talmodistis vocatur domus judicii magna , vel collegium sceptri & publici po●estatis , gerardde eccles-pol . hoe seniorum synedrian perpetuum suit in populo dei , usque ad herodem teste josepho zepper lib. . cap. . sc dr. bilson of subject . & rebellion , p. . gubernato●es e●go in iis reb●● quae cum de alogo et j stis legibus puguant , nihil juris aut immunitati , h●bent prae ex●e●is humin●b●● privatis , et perpet●antes id quod malum est , coguntu● tam metuere o●din●ti ouem de● ▪ glad● . umpraestantem ad vindict im n●cc●tium , quam a●i hene ▪ pri● i nam paulus rom. . docet . deum ordinasse et insti●●isse potestatem illa● gladio defendendi bonum , et puniendi malum ▪ et praecipit , utomn● anima ( et fie gubernatores ) tali dei ordinationi sit subjecta ; hoc est obligat ad faciendum bonum , si velit defendi istâ dei ordinatione , et non ob sua facinora impia puniri . magdebur gensis cens. lib. . mr. knox history of the church of scotl. p , . answ. to lysima chus nicanor . pag. . peter mart ▪ in iudg. cap. . polanus in dan. . barcleus regn imperii assertor forti●●imus , hue tamen descendit , ut populo , et insigni ejus parti jus concedat se tuendi ▪ adversum immanem s●vitiam ▪ cum tamen ipse fate●tur totum populum regi s●bditum esse ; ego indiscriminatim 〈…〉 aut singulos , aut partem populi minorem , quae ultimo necessitatis praesidio , sic utatur ut interim et communis bo●i respec●●m non deserat . ●ix ausim nam david a matos circum se aliquanto habuit ; quo nisi ad vim arcendam , si inferetu● . et hos ipso tempore david i prudente f●emina dieitur bella dei , i. e. pia gere●e ; quod male multi ad s●la belia p●io●a trahunt , quum potiu , emendatio fit ejus quod nabal dixe●at , multos subditos a rege ●uo defic●re , quod at corrigat abigal bella davidis pia esse dic●t , utpo●e non defectionis , sed solo vitae tu●ndae confi●io suscepta hugo , grocius de jure belli & pac●s lib. . cap. . quid agendum est subjecto cum á magistratu violatur ; vel si summi magistratus in ty●nn ▪ s degenerarent , e●quid subject is faciendum ▪ necessartone illis obtemperandum an illis repugnandum . ●s quidem armorum vi adhibita . respondeo . varia esse subjectorum discrimina , alii mere sunt privati homines , nullum publi●um munits gerentes ; alii infe ▪ iorem , et quasi subalternum magist , atum gerant ; alii ita sunt sum●●o magistrat● inferiores ; it tamen ex patriae 〈…〉 legi● bus summi magistratus , moderandicausa tan quam fraena quedam constituantur , quod ad primum attinet certum est , nefas else privato cailibet privata authoritate vim tyranni vi opponere , sed vel tyranni vis subcunda , et tolle . randa est aut cedendum , et alio migrandum . quod ad secundum subjectorum genus attinet eorum qui s●b●lternos magistratus gerunt ; non regis quidem familiae domestici , sed regni potius ministri ; quos officiarios coronae vulgo nuncupant ; i●a statuendum est , illos non tam a nege quam a regno pendere . illi regi manifeste ●yranno , et ad lege . evertendas sua potentia abutenti opone●● se , debent ex jure jurando p estito ; obligati ad ●o um s●l●tem , et conservationem qui suae fide● commissa sunt ; armi● si opus est etiam adhibi●is , done ▪ a regni o din●b is aliter provisum sit . de tertio autem subjectorum genere , illud constituendum est quamtus illi revera ; et certa quadam ●atione summum magistratus imperio submittuntur ; alia tamen ratione dum u●git necessitas sup●e ●i illius pigni●atis vindices , et custode ; constituuntur , u● supremum magistratum in suo ollicio contineant ; imo ut et illum cum necesse sue ▪ it reprimant , atque castigent . si quis excipiat ut prima illa fuerit magistratuum , origo ve um tamen ●sse popul●● omnem ●●am libertatem in sol dum its resig . nasse quos ●ummos magistratus sibi p e●t . c rent caedo vero tesig●atiom . illius ullam probationem , qum sta●uo pop●l●s qnantum quidem valuit jus et e●nitas , nec creasse , nec recipisse reges nisi ce●tis conditionibus , qnibus á magistratu ma ifel●e vi●latis consequ●tur cum jus illo●um abdicandorum h. b. e , qui habnerat ●reandorum . ●d de●t populum summos magistratus legiti o●imperio abutentes ; abdicare imperio posse . et id quidem apud omnes nationes celebrio●●s usa●patum fuisse perspicuum est , romano ; athenienses israelitos , danos , swedo● , scotos & anglos . secundo excipitur regibus si in tyrannos degene a●ent ; non esse seele um quidem p●aebendum ministerium , illis tamen vim minime opponendam ; de privatis conced● ; de inferio tb●s ve●o magistrat bus minime . ad superio●es ve o regum quasi ephoros de tyrannis coercendt , curam maxime eorum per●i● . e●e contendo . . deinde affertur exemplum davidis q●i sauli●y● rāno tam studi●●e pepercit , quamvis illius interficiendi facultatem haberet illud exemplum superio●i doctrinae minime repugnare ai● ; david enim m litarem hominum turmam coegerat , quorum opera si ita postulasset necessi●a● , ha●d dub●e adversus sa●●em . usus fuisse . ita tamen egit def ensionis potius quam offensionis causa . commentari●rum ▪ partis de statu relig. et reipub , in regni gallis , sub neno reg. ib. . pag. , , , , , , . in ●ctav● . answ . dr. bilson differ , between 〈…〉 and rebel●ion page , kin. . . . chron , . kings . ambiguum est autem quod de judicio insert , an de eo quo divinirus olim puntentur inobedientes loquatur , vel de co quod expectandom est à magistratibus ; in posteriori sententiae videntur sequentia savere , pri●ri vero praecedentia . verum nihil resert ut●om intelliganus , nec quie un n prohibit quo minus de utroque exponamas , cum utrum ne sit timendun immorigeris . masculus in kem. . ita●ue qui resistit non 〈…〉 &c. de ills potestatibas dicit quae prosecutores fuerint fidzi , ibi en●m dicendum est , deo oportet obremye ●ate magis qham hominibus . sed de istis communitat b●s dicit quae non sunt terro●ib●m ope●is , sed mah , qui●i s utique qui resistit , &c. orig●n in rom. . negare vero obedientiam est resistere para , in rom. . praesides provin's ciis praeficicbantur non tam authoritate casaris quam senatus . estius ep. pet. x. . in e● quod additu● tan quam ab e● mi●is , 〈…〉 rege● refe●unt nonnull● quod non plac● 〈…〉 apo●tolu ▪ vul● hoc in presi●h us istis confide●ar ▪ quod de●s e●s miser it , i●●●od ad obediendum movere debet , ac ●t taceam quod praesides p●oviuciis praeficiebant non tam authoritate caesaris ●uam senatus , illi alters relationi non quadra● quod sequitur ad vindictam ma●efactorem , &c. quem scop●m mali●eges non ●sq●e qua jue hab●bant propositum , ●ectius igitur ad deum refe●tur , qui hunc finem omnibus magistratibus praescribit , unde & paulus de potestate rom. . dei enim minister est tibi in bonum &c. ex quo apparet missos a deo hic intelligi debere non solum duces sed regem ipsum . estius in epist , p●● , . answ . answ . ans. answ . * non ideo dicitur politia aliqua regalis , quia vaiens ei praesit qui sit tota commnnitate in jurisdictione major , nec ei quovis modo subjectus , sed solum propter hanc causam , quia unicus p●cest qui in quemlibet alterum de communitate jurisdictionem habet , et est eo superior . nec conveniens feret aliq em unam talem taliter communitate pre●i●i , piesset ea totai ▪ o m cam supe ●or , insi talis fo●et indeviabil●s , ●uema ●modi● de curisto confi etur , qui communiratem erige e potest sua voluntate , secundum legem , tuncista politia esset pe●fecta regalis , sen almain de pet stazlarca ad gerson . cap. . miserum est non facete ●un na ju● velis m scri s vero velle quod licet miserrs . mu n posse facere quod ita velis , lun . i. ● . ans ▪ answ . answ . answ . answ . it ideo quam rito aliquis per sententiam denimciatur e●communicatus propter aposta●ram a side , ipso facto ejus subditi absoluti sunt a domnio ejus et juramento fidelitaris quo eitenebantur tho. aq. . . ● . . a●s . . dr. ferne reply page . potestas politica seu civilis dupliciter consideratur ; vel ut architecto nica , quae occupat in legibus ●ferendis ad quodvis bonum reipub. pro novendum ; et vocatur {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ut architectonicae s●bordinata , quae rempse●undum leges ill●s deliberando , judicando , et exequendo , administrat , & vocatur simpliciter {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seu civilis , lib. . ethic. cap. . perse vero patet quod architectonica {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} sit superior civili simpliciter d●cta , et omnibus aliis potestatibus subordinatis quod que sit potestas suprema . par●us in ro. . a sermon preached before the kings most excellent majestie, in the cathedrall church of durham upon sunday, being the fifth day of may. . by the right reverend father in god, thomas lord bishop of duresme. published by his majesties speciall command. morton, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the kings most excellent majestie, in the cathedrall church of durham upon sunday, being the fifth day of may. . by the right reverend father in god, thomas lord bishop of duresme. published by his majesties speciall command. morton, thomas, - . [ ], p. by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . probably printed later than stc a. (stc addendum). reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sermons, english -- th century. divine right of kings -- early works to . government, resistance to -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the kings most excellent majestie , in the cathedrall church of durham . upon sunday , being the fifth day of may. . by the right reverend father in god , thomas lord bishop of duresme . published by his majesties speciall command . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . rom . xiii . i. let every soul be subject to the higher powers , &c. this argument of subjection is the subject matter of the epistle read this day , . pet. . which i have transferred to this text of s. paul , only for more apt method and manifestation sake ; which how seasonable it is for the occasions of this unseasonable and dismall time , alas ! it is too evident : a time , i say , wherein the seditious faction professeth forcible resistance against soveraignty for defence of religion . now therefore this text being a divine canon of christian subjection , it will be easie hereby ( through gods assistance ) to pull off the vizard of pretence of religion from the visage and face of rebellion it self . i propound to my self this theme to be discussed , to wit , that arms are not to be taken up by subjects , for defence of religion : for the canon it self teacheth us , . who is the subject ; [ let everie sovl be subject . ] . to whom ; [ to the higher powers . ] . the why , [ for there is no power but of god , and the powers that be , are of god. ] next , because contraries , being compared together , illustrate each other , the apostle useth this art ; for having prescribed subjection , he delivereth the contrary , which he calleth resistance , [ whosoever resisteth . ] this he sheweth what it is , both in the heinousnesse of the crime , [ he resisteth the ordinance of god : ] and also in the dreadfulnesse of the iudgement , [ he shall receive to himself damnation . ] these are the five stages of our future proceeding , which i therefore so name , because my purpose is ( god willing ) to hasten thorow them with all convenient speed i. part , who , [ every soul . ] every soul . ] by soul understanding ( by a senechdoche , as all know ) the whole person of man , as often else-where in holy writ . but what , every soul subject ? not i , saith the pope , and so all popes of after-times , for we have power over all powers , be they emperours themselves , to kick off their crowns with our feet ; to depose their persons , and to dispose of their kingdoms . nor we , say the popish clergy , for our function is spirituall , and therfore doth in it self , in all cases , challenge exemption . nor we , say the seditious conspirators , in the case of defence of our religion . i have therefore joyned the romish , and these other factious together , that it may be known , that although the romish , and the church of scotland , whereof these conspirators would be members , do dissent in religion , no lesse then antiquity and novelty ( for those points , whereof the new romane church have made a new creed of mo then xii . new articles of faith ) and differ also as much in some parts of gods worship , as religious from superstitious and idolatrous : notwithstanding they agree in this one conclusion of professing violent resistance , for defence of religion ; and in the most * principles conducing thereunto : insomuch that the conspirators , who otherwise hate our church ceremonies ( albeit most indifferent , and in use laudable ) even because they seem to them papisticall ; do neverthelesse , for confirming their seditious conclusions , alledge ; saying in these very termes ▪ the papists are witnesses , &c. howbeit this canon doth , in effect , give them both the lie , because the word soul signifieth the whole man ; and seeing there is no man either so spirituall , or secular , but he hath an immortall soul , incorporate in a mortall body ; it must follow that every man is obliged both body and soul to subject himself to the higher powers . and what powers these are , the context pointeth out by their symbol and ensigne , namely of him that carrieth the sword , even the temporall magistrate . and that this doctrine was both professed and practised thorowout the whole christian church for above . yeers , is manifoldly manifested by evidences registred in all ecclesiasticall records , whether they concern the greek or romane church . but we , at this present , may content our selves with two kindes , one from the greeks , even in their * commentaries upon this text [ let every soule , &c. ] that is , say they , every apostle , evangelist , prophet , &c if every apostle must be subject , then peter , then his successor , ( every pope ) then every popish ecclesiastick . as for the secular , it followeth in chrysostome , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. every other whosoever , &c. which is an acknowledged truth even of their own espensaeus , saying , * what greek authors did not hold , that the apostle hereby taught , that all the faithfull were to be subject to worldly governours ? ii. concerning the romane church , what need more then the * epistles of ancient popes , yet extant , which they writ to the emperours of their severall ages for above yeers , all * agreeable to the stile of pope gregory the first , sirnamed the great , in his epistle unto the emperour mauritius , one somewhat vexatious unto him , after this tenour , * ego indignus famulus tuus jussioni tuae subjectus . i. i your unworthy servant am subject to your command . here you hear his profession , will you see it in his practise ? the same holy pope being commanded by the same emperour to proclaim an edict , which although gregory thought it to be unlawfull in it self , yet held it necessary for himself to publish it thorowout his diocesse ; that done , he rendreth the emperour this his account , * serenissimis iussionibus tuis obedientiam praebui . i. i have obeyed your majesties commands . as for the other romane , both people and clergie , one would think that the dedication of this epistle [ to the romanes ] might instruct them to know their duties , thus , * to all that are at rome , beloved of god , called saints . what ? ( even this canon as well as any of the epistle els ) [ let every soul be subject to the higher powers . ] thus , then , but contrarily now ; and therefore so much is the church of rome , in point of subjection , degenerated from it self , so farre as that ( divers hundred yeers after this pope gregory ) when the archbishop of sens in france challenged the priviledge of immunitie from all subjection to the king , he was encountered by s. bernard , and arrested by vertue of this canon of [ omnis ●●ima ] saying , forget you what is written ? let every soule be subject to the higher powers . [ qui te tentat excipere , 〈◊〉 〈◊〉 decip●re . ] i. he that seeks to exempt , doth but labour to delude and seduce you . finally , whenas the pastors of the church catholike performed subjection themselves , for more then ● . yeers after christ , it can be no question but they catechised their people in the same canon and article of christian loyalty . this case being so plain , that any man may understand the necessitiy of subjection in everyman , our next quaere must be , to whom ? and the canon saith in the next , ii. part. [ to the higher powers . ] there were almost in all ages of the world divers kindes of powers and governments , which i need not rehearse , but the principall ever was the monarchicall ; whether it were by conquest , election , inheritance ( as the firmest ) or otherwise : and in the monarchicall have alwayes been divers degrees of powers yet so , that one was supreme , and the other subordinate ; which s. peter doth distinctly exexpresse , * be ye subject to the king 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the supreme : and to ( his ) governours , as them that are sent of him . i should now proceed , but the conspiratours do interrupt me , saying , that a difference would be put between private persons , taking arms for resistance , and inferiour magistrates , judges , counsellers , nobles , peers of the land , barons , burgesses , &c. where they confesse , that the magistrates , judges , nobles , &c. are all inferiour to the king : and yet argue , from the combination of all these , for resistance by arms . now hearken we to the canon , [ let every soul be subject to the higher powers ] but inferiors are under the monarch , as the higher , and so are they confounded out of their own mouthes . but they and the romish descend yet lower , as we shall finde , in discussing the reason why we ought to be subject to the higher powers , which is the next point , and ▪ iii. part , [ for there is no power but of god : the powers that be are ordained of god. ] therefore it is plain ( say we ) god requireth a loyall subjection . here again both the romish seducers , and these conspirators conspire together in defence of another principle , to wit , when they have no power of resistance in themselves , then to envenome and intoxicate the braines of the people with an opinion that the power is in them to resist by violence , when there shall be occasion . so say the romish , but why ? because , forsooth , * majestie is seated in the people , because the princes are made by consent of the people , and because st. peter calleth them humane creatures . accordingly the conspirators , as if they meant to be the disciples of papists ; their words are these : the people originally make the magistrate , and not the magistrate the people . and ( all this being supposed ) their conclusion is , for defence of religion against magistrates by the power of the people . then which there could not be uttered a more fo●d , false or pernicious conclusion , as the canon it self will shew from point to point . i. fond , for what saith the canon ? the powers that be are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ordained of god , that is , orderly constituted : but if , when the people have constituted a ruler over them , there remaineth in them a power dormant , upon occasion , to over-rule , and un-king , and un-make him , to whom they are subjects ; this were as unorderly and ougly a confusednes , in the bodie politique , as it would be in the body naturall to stand on it's head with the heels upwards ▪ their other objection is out of s. peter , for calling magistracie an humane creature , because of the choise of the people ; as if therefore by it the same humane and popular libertie might be dissolved : it is frivolous , because s. peter addeth there , be ye subject unto ( the same ) humane creature , for the lords sake . ii. if the doctrine be fond , it must needs be false ▪ and that more evidently by that which shal be opposed against it in the canon , which saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the powers that be are of god ▪ [ powers that be ] are they then once established ? then whatsoever the government be , they are of god , god owneth them , they may not be disturbed . for as silver , whilest it is mere plate , if it be tendred for exchange , may be either taken , or not , by the partie to whom it is offered : but if it once receive the kings stampe , and be coyned , it is currant money , and may not be refused . or as acts of parliament , whilest they are but voted , are but only consents , but after they have the kings royall assent , they become statutes , which may not be transgressed . so is it in governments ; as soon as any is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 created by man ( as s. peter calleth it ) it becometh ( thus saint paul ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gods ordinance , and may not be resisted . this lesson our saviour christ taught all christians , by his own example , who although he were lord of lords , and king of kings ; yet making himself ( as man ) subject to higher powers , he would acknowledge them , both in the supreme magistrate , and therefore he paid * tribute to caesar : and in his deputy pilate , as subordinate , to whom he giveth testimonie of his divine right , that he had his power from above , namely from god. which thing is so evident , that some * popish divines could not but perceive it . lastly here is made visible the pernitiousnesse of this infatuation by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the fourth verse , [ he carrieth the sword , ] to wit , one chiefe governor , but one sword : for albeit there be governours under governours , moe or fewer , yet because the subordinate are dependant , all upon the chiefe one , and doe execute capitall punishment in the name and authority of the highest , all are accounted but one sword ; and subalterna non contradicunt . but when as the people shall be making forceable resistance , there must be clashing of sword against sword. nay , and by this their learning , which we now hear , the sword is wrested out of the hand of the king , & put into the power of the people , that is , into the hand of a mad man. i have said this , and have good warrant for it ; for when king david , in the like case , — ( like case ? nay never was the like case heard of , namely , that a king was so injuriously cheated of a kingdome ) when king david , i say , was delivered from the contradiction of his people , he giveth thanks to god , that as he * stilled the raging waves of the sea , so he repressed the tumults of the people . comparing hereby the tumultuousnesse of the people to the raging waves of the sea ; and is therefore translated in our church-book more emphatically , the madnesse of the people . o mercifull , and powerfull god! grant , we beseech thee , the like experience of thy deliverance , out of the outragious contradiction of the people , unto our gracious soveraign , that he may likewise praise thee , the lord of hosts , in the great congregation ! i proceed unto the contrariety to loyall subjection , which is called resistance in the iv. part of this canon ; [ whosoever therefore resisteth the power , resisteth the ordinance of god. ] in these words you may perceive an act , which is resistance of magistracie , and the crime therein , which is resisting the ordinance of god. it is not , he that obeyeth not , but , [ he that resisteth : ] for there may be a lawfull , yea and a necessary not-obeying , as whensoever the immortall god shall command any thing , and any power on earth shal give it a countermand , then must the law of the earthen and mortall god be rejected justly . to this purpose the example of daniel is registred in holy writ . a law was signed by king darius , that none should make any petition to god , for certain dayes . daniel disobeyeth this law , he is cast to the lions to be devoured , he is delivered by gods angel : darius congratulateth his deliverance , and daniel justifieth his former disobedience , saying , vnto thee , o king , have i done no hurt . kings are not to think it any injury , or derogation to their royalty , that the king of kings be rather obeyed . king solomon saw the equity hereof , when distinguishing of heights of powers ( in the case of oppression of the people by unjust judges ) he said , there is higher then they : meaning the king , whom in that respect also he calleth the highest on earth , to whom the subject might appeal : but if the king will not , then to know that there is one higher then the highest , even god. thereby teaching inferiours that they must still vail to the highest . and our canon , which will have us subject to the higher powers , before the lower among men , doth by analogie instruct us principally to be subject to that higher power , by whom these powers are , namely ( as saith the canon ) by the ordinance of god. a case clearly resolved long since by the apostles ; for christ had commanded his disciples , to goe , and teach in his name ; the jewish sanhedrin inhibiteth them , saying , * teach no more in that name : they rejoyne , whether it be better to obey god or man , judge you . an answer so rationall , conscionable , and irrefragable , by referring it to the judgement and conscience of whatsoever adversary , that had any knowledge of god , as that it was an impregnable convincement . but we never reade of a lawfull resistance to governours , whereof the canon here speake●● ▪ for it is called a resistance of powers , and therefore it intimateth and withall condemneth a powerfull violent resistance , whether it be made by persons invaded , or else by persons invading ; for these two are to be differenced . the conspirators ( whatsoever else they might inwardly intend ) doe openly professe not to use any violence by armes , untill they shall be invaded : and therefore it is , that they palliate this their opposition with the name of a defensive resistance ; repeating againe and againe the word , defence . hereupon i am compelled to take up that out-cry of tully against tubero , for bringing men into the field , armed with speares and swords , quis sensus armorum ? ( saith he . ) what other meaning can mortall weapons have then mortall wounds ? except the conspirators would have us thinke , that there is more mercy in muskets and canons , then there could be in swords and speares : or that , if our king should be constrained ( which god forbid ! ) to dispute his right by armes , they would defend themselves without blowes and bloodshed . it will be no excuse for them , that there is a generation more rebellious then they , who invade before they be invaded , and that also in pretence of religion . these i need not name , they are to all the world so visible , both by publike invasions , and treacherous assassinations . for it is needlesse to reckon up unto you the romish often machinations to raise publike insurrections : the curse of god upon the last northerne rebellion is felt of this countrey inhabitants even at this day . as for assassinates , by popish and jesuiticall suggesters , the miseries of france , and horror at the sight of their kings , wallowing in their gore-blood ; the joy of england , for gods manifold and miraculous deliverances to our last queene , and king of blessed memory , together with the whole state of this kingdome , do fully proclaime . o that both these spirits of rebelliousnesse would now at the last abhorre the mischiefe of all violent resistance , by consideration of the grievousnesse of the crime ! which in the next place is to be spoken of , [ he that resisteth the power , ] what ? [ resisteth the ordinance of god ] that is , resisteth god himselfe . whence we collect a condemnation both of actuall resistance , and an habituall purpose of resisting . touching the former , both the romish seducers and the conspirators oppose , affirming and teaching , viz ▪ if that kings shall proove either tyrants to their owne people , or else persecuters of the professors ▪ of religion , then subjects may arme themselves , and make hostile resistance . this doctrine is most notorious in the romish schooles . the conspirators , inspired with the same spirit , will needs be thought to have an advantage from the verses following , because the subjection , here required , is prescribed in behalfe of governors ; who are said to be such rulers , who are not a terrour to good workers , but to evill : who are ministers of god for good , and revengers to execute vengeance on them that doe evill . hence the conspirators ; but tyranny and unjust violence ( say they ) is not the ordinance of god , and be that resisteth it , resisteth not the ordinance of god : for such rulers are a terrour to good workers , but not to evill . and the whole course of the apostles argument runs against resistance of lawfull power , commanding things good . we must therefore acknowledge tyranny to be the ordinance of god , and for good , or extrude it from the apostles argument . thus we see the ministers among the conspirators , as drummers in the campe , strike up their alarme to war and violence , and bewitch mens soules with that sophistication , which is called ignoratio el●nchi . and this poyson likewise they have suckt out of the quils of romish sophisters . that this may appeare to very novices in religion , i shall give to our adversaries their foure objections foure punctuall answers . the first is , that the powers , to whom subjection is required , by this canon , were indeed tyrants to their owne subjects , and persecuters of the christian professors . for were not these powers heathen governors ? were not the most of them cruell tyrants ? were they not all professed enemies to the christian faith ? and persecuters of the professors thereof ? this cannot be denyed ; but if any mans ignorance should gainsay it , we might instance in the emperour nero , who was the highest power in the world at this time . he , after the fift yeare of his empire , became so bloody a tyrant , even to his owne heathenish people , that they branded him with the blacke marke of a monster . and he was so vile and violent an opposer of christian religion , that his raigne hath beene registred ever since by christians to have beene their first fierie persecution ; whereof the holy pen-man of this epistle felt some sparkles : for ephes . . he displayeth himselfe , saying , i paul a prisoner of iesus christ . whence was that epistle written ? the subscription thereof saith , from rome . and the like we reade in the epistle to philemon . all this notwithstanding , s. paul requireth subjection to this , and to all other never so tyrannous governours . with what front or face then could these romish , and other seducers distort this text , for proofe of a rebellious conclusion ? their second ignorance ( if yet it may be called ignorance ) is , that they discerne not this their inconsequence , viz. the canon exacteth subjection to governours that are no terrour to good workers . ergo , to those that are a terrour to good workers , they owe no subjection . just as if , in chatechizing children in their duty to their parents , they should instruct them , saying , divine scripture commandeth you to reverence your parents , who bring you up in the feare of the lord : ergo if your parents shall vexe you , in your good doings , you must not yeeld any reverence unto them . thirdly , they will not see , that there is a temporall good redounding unto subjects , even under most tyrannous governours . i say againe , they will not see it , who name calvin , as standing for them : but onely name him , alleaging no place . now , will any doubt but that when they argued from this text , they did consult with calvin upon it , then whom ( upon this place ) they could not have a greater adversarie ? he saith , indeed , that the text requireth subiection to governours , for the good-sake that government bringeth : but doth hee contrarily conclude a no subjection , if they shall peradventure degenerate and turne tyrants ? his words are , * et ●amsi non rarò degenerant , qui principatum tenent , nihilominùs deferenda est eis obedien●ia , que principibus debetur . that is , although they should degenerate from the office of good magistrates , yet is the obedience due unto princes to be performed to them . but our conspirators acknowledge no good in the government of any tyrant ; notwithstanding that , calvin instructeth his reader in this point also , * quanquàm nè sic quidem abutuntur potestate suâ principes , bonos innocentésque vexando , ut non aliquandò ex parte speciem aliquam justae dominationis retineant . nulla ergo tyrannis esse potest , quae non aliquâ ex parte subsidio sit , ad tuendam hominum societatem . this his judgement is worth the translating . neverthelesse ( saith he ) princes , in vexing good and innocent subjects ▪ doe not so farre abuse their authority , but that they preserve some part of just government . therefore there can be no tyranny , which may not in some degree be an helpe and aid to the common-weale . so peter martyr , commenting upon the same text , hath these words ; nisi tyranni saevissimi aliquam habeant rationem juris , potentiam illam suam retinere non possent . and it is very true ; for if tyrants should not uphold the publike justice and peace , in some degree , they themselves could not subsist or support themselves . he instanceth in nero , cùm ipse imperio suo opprimeret orbem terrarum , tamen jus dicebatur , nec vis legum funditus eversa erat è rebus humanis . the difference therefore , in this case , between the incendiaries and calvin , is no more nor lesse then this ; they say that the argument of the apostle extrudeth ( it is their own word ) subjection to tyrannous governours : but hee denyeth this . and they reject the said governours , as if they were void of all publike justice : but he saith , there was never any such tyranny heard of . a fourth crotchet they have , namely , that if we be subject to tyrants , then must we confesse that tyrannie is the ordinance of god. so they collect , for want of spectacles , for so may we call a distinction ; ordinatio commissionis & permissionis ; one and the same man having both. n●r● a king , by gods ordinance of commission ; the same nero a tyrant , by gods permission ; yet permission not speculative onely , but ordinative , which useth a tyrant for to bee his flagellum , a whip for scourging the wicked ▪ as scripture teacheth ▪ and as god himselfe avoucheth of himselfe , by his prophet , saying ; * i gave them a king in my wrath . take you , for instance , unjust pilate ▪ ( of whom you have heard ) who albeit , by gods permission , an unjust governour , yet is acknowledged to be , by gods commission and ordinance , a governour , as one * having his power from above . and thus is the maine fort and bulwark of both the romish and seditious conspirators utterly demolished , touching actuall resistance , even against tyrants themselves ; how much more against the nursing father of our church , who is no way liable to so wicked an imputation ? as will hereafter appeare . the second kinde of resistance is that which we called habituall , in a purpose of resisting ; of which now . this i note , because of another notorious principle , held by both our conspirators . for the romish , they allow their professours sometime to performe subjection to protestant princes , but it is under this parenthesis of onely * the case thus standing : and , untill there be force to resist . which lesson the conspirators may seeme to have learned , who , whilest they wanted force , stood upon good termes of peace and subjection : but no sooner were they furnished with armes , but they began to threat ; which is as wilde and vile a piece of learning as the former , and commeth now to bee confuted both by text and context . the text saith ( omnis anima ) let every soule be subject : the reason why the denomination of the whole man is given ( animae ) to the soule , ( as aquinas glosseth ) is , because subjection should be ex animo . secondly , it is called the ordinance of god , who is the searcher of the heart , because he saith , concerning obedience to himselfe , give me thy heart . and that he will have as due subjection to cruell governours , as obedience of servants to their froward masters , none will make question . but concerning the du●y of servants towards their masters ; saint peter enjoyneth them to bee * obedient ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to their froward and perverse masters . and s. paul , that they * serve not onely the eye of the master , but in singlenesse of heart , as unto christ : for otherwise it is but brutish , like to the service of * horse and mule , whose mouth must be holden with bit ▪ and bridle . lastly , the context acknowledgeth , concerning subjects ; it is necessary you bee subject , not for feare onely ( namely , of the temporall sword ) but for conscience ▪ sake also : that is , for feare of gods vengeance , which this canon denounceth against obstinate resistants , as is now to be unfolded in the last part of this ▪ canon . v. part. they that resist shall receive to themselves damnation . the transgression being so hainous , the judgement must needs bee grievous ; and so ( indeed ) it is thrice-dreadfull : once , as being intolerable , signified in the word damnation ; wherein are comprised the two extremities of punishment : one of paine , which in scripture is shadowed under the metaphor of fire ; the other the extremity of continuance , for time ▪ expressed in the epithe● everlasting . next is the unavoidablenesse thereof , as it is in the canon , ( shall receive damnation . ) to wit , although such resistants shall escape the edge of mortall powers , yet if giant-like they will needs ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) resist god , he will at length be too hard for them , they shall in●allibly receive damnation . lastly , the judgement will be most just , to make them inexcusable , for so saith the canon , ( they shall receive damnation to themselves . ) that is to say , they shall be found guilty of their owne danmation , be their pretences in this life never so specious , as indeed they are . for both the romish and the conspiratours hold ( respectively ) that they , who shall die in their quarrels , are in the state of martyrs . their principles likewise agree , first , because they fight for conscience-sake . but why this ▪ because it is in ordine ad deum . yet why thus ? because in the defence of religion . so they ▪ and so their many deductions are so many seductions and delusions , as the canon will particularly and plainly discover . . to pretend conscience for resistance , albeit the apostle here in ver . . teacheth , that it is necessary to be subject even for conscience-sake . . in ordine ad deum , that is , in zeale to gods glory : as if that could be called ( in ordine ad deum ) which ( as the canon hath it ) is a resistance against the ordinance of god. lastly , to say that they resist for religion-sake , knowing that religion is in adherence to the revealed will of god , and that there can be nothing more revealed then this canon of a generall subjection to the highest powers : as also the reason against resistance , in respect of the crime , which is , resisting gods ordinance : and much more in regard of the judgement , which is damnation it selfe . and therefore can such resistants , dying in their rebellious quarrels , be but black-saints or martyrs : even as divers in the church of rome have been , whom ( notwithstanding ) their writers doubt not to beatifie in their books at large , even in these our times . one i dare be bold to name , garnet the jesuite , whom i knew at his arraignment to confesse , that he heard of the powder-treason out of confession ▪ and therefore was worthy of judgement ; and at his death he publikely exhorted the romish professors to avoid all acts of treason . now therefore it being confessed on all sides , that it is not poena , but causa that canonizeth a martyr ; we see by this one instance how prone the romish professors are to adopt for martyrs , as dying for conscience-sake , those who confessed themselves to die for guilt against their conscience : except , in so confessing , they doe but aequivocate ; and if so , then but aequivocall martyrs . but to come to the determination of the present cause , by two positions against aswell the intituled romish holy-leaguers , as the religious covenanters . the first is , that the souldier of christ his fight , for religion , must not bee by worldly force . the word sacrament originally among the romans was a militarie terme , signifying the sacred oath taken by the souldier , to be faithfull in his service under his generall ; and after translated , to notifie our sacred mysteries : as , at first , our holy vow in baptisme , for professing of our faith in christ , by holines of life , in imitation of our generall , christ jesus . he in generall proclaimeth , saying , * my kingdome is not of this world , else would my servants fight : which was spoken in relation of himselfe to his disciples ; and therefore wee see hee would not have them fight , no not for himselfe . but would any of his servants seeke to destroy any for his sake ? yes , the boanerges ( sonnes of thunder ) would have done so for his honour , when they desired fire from heaven to destroy the samaritans , for their contempt against their master ; because of his religion , for that he seemed to them to have set his face towards jerusalem ; that is , to have a purpose to goe up to the feast , there to solemnize the worship of the true god ; but notwithstanding were corrected by our generall , saying , * ye know not of what spirit ye are of ; i came not to destroy ▪ and what then shall the romish answer for their boanerges ▪ sonnes of powder , who not asking for , but acting and working a fornace of fire in a hollow vault , as from hell , to consume at once the king , and the whole representative state of this kingdome with a blast ▪ * a treason ( saith one of their owne historians ) of all other which either in our , or in any former age , hath been recorded : for immanity most monstrous , no age ever hatched the like . so he ▪ or what will they answer for the patron of all assassinates , pope urbane the second , ( called by the nickname of turbane ) who made a publick edict against those who should be excommunicated by the r●●ish church , ( ●● * all protestants are at this day ) authorizing private persons to murder them , saying , * non enim eos homicidas arbitramur , quos adversus excommunicatos , zelo catholicae matris ardentes , eorum quoslibet trucidasse contigerit , &c. another servant of christ , to rescue his master , would needs draw his sword , strike and wound an officer of the jewes , but was rebuked thus ; * put up thy sword , for all that take the sword , shall perish by the sword : that is , ought to perish by it . the second position may be this , that christians ought , in defence of their christian profession , to imitate christ their generall in passive obedience , in resisting the wicked world , by dying for the christian faith and religion , whensoever the alarme for martyrdome shall be ●eard . that one instruction of saint peter may alone suffice for this point : * if yee suffer for well doing , happy are yee , for hereunto are yee called , because christ suffered for us , leaving us an example , that we should follow his steps . here is as much as need be said : our vocation whereunto we are called , is to be souldiers of christ ; our warfare is by suffering ; our example is our generall , who suffered for us ; our victory is , as his was , the conquering of the world by an innocent death ; our end is blessednesse , for so it is said , happy are ye , &c. vpon which contemplation we are bold to affirme , that we have all this by the covenant of baptisme , ( the epitome of christian religion ) which appeareth to differ as much from the covenant of violent resistance , for religion , as doing resistance , and suffering ; as vocation and transgression ; as happinesse and damnation . it will be worth the while , to consider the good of persecution , for the profession of the true christian religion . the first is that miraculous good , which experience of the sufferings of the primitive martyrs hath brought forth , according to that saying , sanguis martyrum semen ecclesiae ; when the more the christians were massacred , the more they increased : and to work a multiplication of christians , out of the destruction of christians , is not this miraculous ? another good , wrought by god through persecution , is a vertuous and spirituall good , not only by way of purging the soul , but even by a spirituall power of christian warfare ; saint peter speaketh of the first , when he compareth persecution to * triall by fire , and the operation thereof to a purging , as gold is purged . and thus we may say , that thereby the ●oule of a christian is purged from the drosse of hypocrisie , and of carnall securitie . but our discourse is of a spirituall warfare , and such are our enemies , * we fight not against flesh and blood , but against , &c. and such are our weapons , * the weapons of our warfare are not carnall . and such our fight , * i have fought a good fight , speaking of his manifold afflictions . and such is our victory against all worldly force , even in suffering for the faith of christ , as is signified by that saying of s. iohn , * this is the victory which hath overcome the world , even your faith . and indeed this particular vertue and spirituall good is graphically set out by the apostle , ephes . . in the panoplie and spirituall furniture of a christian souldier : for , without that , the lustre of spirituall graces could not be glorious ; not the girdle of veritie , which we professe , nor the brest plate of righteousnesse , and sinceritie of a good conscience ; nor the sword of the spirit , which is an animositie in professing the same truth ; nor the shield of faith , which without persecution seemeth outwardly conspicuous sometime in an hypocrite ; not the helmet of salvation , which is hope , by a constant endurance of death in despight of the world , which is christian conquest it selfe . let not the conspirators say now ( as they have done ) that they who will not now take up corporall armes , for defence of their religion , they endanger their owne soules : and they are but worldly men ; they are gallio's , not caring for these things ; they are like festus , holding difference of religion to be but certaine questions , &c. for i shall aske them but two questions , one , whether they , who preach suffering for religion , rather then to rebell against soveraigntie ; or they that cry , arma virúmque , to preserve their bodies , be the more spirituall , and consequently more religious ? next , i demand , if that primitive christians ( who were innumerable ) had turned worldly souldiers , how should they have become those souldiers of christ , in remembrance of whom the church glorieth in her prai●e● , and glorifying of christ , chanting and singing , the noble armie of martyrs praise thee ! for , i hope , they will not dare to put on the rom●sh face , as to say they of the primitive church resisted not , because they wanted force ; whereof something is to be said by and by . in the interim , i would be rightly understood in this discourse ; my theme is directly against their pretence of hostile weapons for defence of religion : for though ( to speake in the generall ) it be lawfull for one kingdome to defend it selfe from the invasion of another kingdome , for religion-sake , where they are paris juris ▪ yet not here , where the condition of subjects to the higher powers is considered . againe , if such a case ( as hath been knowne ) be propounded , when the king or state shall give forts and castles to some subjects , for to defend and secure their profession of religion ; i may say , these cautions fight not at all with my former conclusion , grounded upon the divine canon of [ omnis anima . ] i cannot sufficiently discharge my taske , except i may be permitted to deliver three briefs ( that i may so call them . ) . a briefe confirmation of the former doctrine by antiquitie . . a briefe contestation , in behalfe of protestants . a briefe application to the person , who is now principally engaged . . the ancient catholike church , and mother of all churches christian , ought also to be acknowledged our blessed nurse , from whom we may suck the most pure and wholsome milke , which the innumerable multitudes of martyrs , confessors , and professors did ; who , notwithstanding the yeeres persecution for religion , never used , or professed any forcible defence . to this our romish adversaries , in behalfe of their parricides , shape us a briefe answer , to wit , that the martyrs , who suffered for christ , did want force of armes to resist ; which their answer they * themselves knew to be as false , as they would have it seeme to be true : because they could not be ignorant that divers apologies were then made , in the name of all christians ▪ unto those persecuting emperours , to remove from them all jealousie and suspition of disloyaltie , principally by this reason , that they having warlike power enough , yet held it a part of christian religion not to make any forcible resistance . * tertullian in his apologie beginneth with an absit ! god forbid ( saith he ) that the christian profession should revenge it self by humane force , although there can be no war made against us but we are fit and sufficient for it , if we would seeke revenge of our persecutors : nor should we suffer our selves to be slaine , unlesse that our christian discipline and profession , were rather to be slaine than to slay . so he. saint cyprian expressed the same christian profession ; * not to seek revenge against unjust violence , but to leave that to god : although ( saith he ) our people be excessive in number , &c. greg. nazianz. expostulateth thus against the persecuting heathen , * who is there of you all , whose life any of our people have endangered , albeit otherwise boyling with heat and anguish . saint ambrose , when the emperor invaded his kyrk , and the people were ready to make rescue , so farre as that the invaders could not have sustained their force ; * i restrained them ( saith saint ambrose , ) for prayers and teares are my armour , and i neither ought nor may make other resistance . in a word , the universall christian resolution was proclaimed in these words ; precamur , auguste , non resistimus ; which resolution of not-resisting our saviour confirmed , when he allowed his disciples not so much as any outward buckler , excepting onely * [ fuga ] flight from one citie to another : which is , by consequence , flie ; and therefore , not resist and fight . and , for the integrity of subjection and true loyalty , arnobius was bold to preferre christians before all the heathen subjects , even in the dayes of persecution , in the name of the catholike church of christ , in the point of true loyaltie ; vos conscios timetis , nos conscientiam . that is , in true sence , you gentiles performe your subjection , onely for feare your disloyaltie should be knowne of others , but we christians feare lest our conscience should accuse us before god. we may seale up this truth with the confession of three learned romanists . * the christians ( saith one ) did not abstaine from violence against their persecutors , because they wanted force . another , * it is not to be read , for two hundred yeers after christ , that christians used any forcible resistance against their persecuting emperours , though they were equall in strength ▪ yea , christians then held , that hereby they did prove their religion to excell all others in the world , and thought themselves therefore to be called christians of christ , whose doctrine this was , to obey magistrates . a third , and so i have done . christian martyrs ( saith he ) when , for multitude , they might easily have conspir'd against their cruell persecutors , yet bore such honour to kings & higher powers , that they chose rather to dye then to resist . and the consequence will hold , that if there were an obligation in christians , to professe subjection to heathenish powers , then are they tyed much more to be subject to christian magistrates , seeing that ( as the romish jesuite acosta confesseth ) omnes fatemur , & est per se certum , etiamsi barbari ad christum convertātur , eos tamen non iure suo excidere . the briefe of contestation , in behalfe of protestants , is an additionall , which the importunitie of the conspirators compell me unto , who * think they have the right hand of fellowship , in this their sinister cause , with those who are accounted amongst protestants , stellae primae magnitudinis inter suos ; luther , calvin , beza . concerning calvin , i shall desire any covenanter to answer but this one question , whether they thinke it any-way lawfull for any subjects to make resistance against such their tyrannous governours ? and we may heare calvin answer , that * the word of god teacheth , that howsoever it is that governours be established , yet being once constituted , they are to be obeyed , although they do nothing lesse then that which appertaineth to their office ? and are to be held in the same honour and dignity ( in respect of publike obedience ) as if they were of the best , so he , and , for example , he instanceth in nabuchodonosor , whom god commanded his people to obey , albeit he was a most wicked and cruell tyrant . then applying this to all after times , he admonisheth all subjects , to have alwayes this example in their remembrance , to the end , that they may thereby extrude all seditious fancies out of their mindes . and , for a better impression ; this reverend and pious affection ( saith he ) we are continually to bear to them , whatsoever they themselves be ; because ( which i do ( saith he ) again and again repeat ) they carry that person upon them by the will of god , whereon god hath imprinted and ingraven an inviolable majestie , so he . * iii. a brief application . the necessity of the matter exacteth of me the heads , which are to be mentioned , and the proportion of a sermon commandeth me not to exceed . cankred jealousie , the stepdame of vnity and verity , hath so transported these conspirators , that they have all this while laboured , by arguments taken from the condition of impious , irreligious , and tyrannous kings , to justifie their rebelliousnesse against the mirror of morall vertuousnesse , the lamp of religiousnesse , and miracle of clemency and patience : besides , ( in morality ) his wisedom , temperance , charity , iustice , conjugall fidelity . each of which radiant and excellent vertues , if they were in any one eminently , would greatly enoble him in the estimation of all good men . now all these being conspicuous in this one , what but black malice can cast a cloud upon such brightnesse ? but to return to the points in question . the principall oppositions they here make , are an empeachment of their liberty and religion . where could ever that exclamation more justly have place , prob hominum fidem ! they will grant ( i dare say ) that his royall father , our late gracious soveraign king james of blessed memory , did deserve , before any other prince , in his time , the title and sweetest of posies , rex pacificus ; of which the orator said , dulce quidem nomen pacis , res verò ipsa longe jucundissima . but our king , having inherited this his fathers vertue , hath so improved it by his clemency ▪ in publishing a late proclamation , with such conditions of peace and graciousnesse towards these conspirators , as may ( if comparison should be made ) put all former ages to silence , and be an astonishment to all posterity . . we have referred the contemplation of religion to the last place , to the end it may be more lasting in the memory of the hearer , concerning a prince so religious in himself , that if we shall call him the most religious of kings , what king could take exception ? and then so favourable towards the conspirators themselves , as to yeeld unto them whatsoever they have called religion , excepting onely the extruding of episcopacy ; which nothing but ignorance , irreligiousnesse , and heresie can condemn , as unlawfull . volumes might be written in the justification of it ; i will epitomize all that i might say hereof in one sentence of s. hierome ( a father who wrote sparingly of the dignity thereof ) who speaking of the apostles times , saith , that it was then instituted , * vt capite constituto schismata tollerentur . that is , that a bishop being made an head in his diocesse , schismes , which are ingendred in parity , might be removed for the time past , and prevented for the future . but how now ? episcopacy by these conspirators must be taken away , although two most pernicious vipers shall take life by this their resistance , schisme in the church , and sedition in the common-wealth . the god and lord of hosts , who hath in his hands the hearts of kings and subjects , still incline our soveraign to love and graciousnesse ; and those his subjects to remorse and thankfulnesse ; and crown this his expedition with an honourable , dry , and peaceable victory , for his sonne iesus christs sake ! to whom be all glory , praise and thanksgiving , now , and for ever . amen . finis . notes, typically marginal, from the original text notes for div a -e * principles which have been collected out of the books of the romish sect , and papers of the conspirators , received from an authentique hand of an honourable lord in scotland , and intituled , the times require that the points following be pressed upon the people , &c. * chrysost . and after him , theod. euthem . oecum . theoph. * apostolus docet omnes credentes mundi potest●…ibus esse subjectos , nempe , sive apostolus , &c. — ut tenet chrysost . euthem . theod. & qui non graeci ? espen . in tit. . . digress . . pag. . . paris anno . * epistles , which are recorded by b●nius , as of pope leo the first , epist . . & . of simplicius the first , ep. . of felix the third , ep. . of anastasius the first , ep . of pelagius the first ▪ p . these before gregory , and after him martinus the first , ep . agatho the first , p. ad heraclium , hadrian the first . ep. ad constant . anno . * as is to be seen in my book intituled , causa regia . * greg. lib. epi. . * idem ibid. ep. . * rom. . bern. ep. ad epi. senonensem . . pet. . * p●rsons in his dolman , the french jes . lib. de jure abdicationis ; majestas regni sita est magis in populo ▪ quàm in persona regis . pag. . didymus non populus in principum gratiam factus , sed principes in populi gratiam creati . rainoldus de justa authoritate ; rex humana creatura est , quia ab hominibus constituta . the moderate answer to doctor morton ; people made election of kings , &c. ● ▪ pet. ● ▪ . * matt ▪ ▪ . joh. . ▪ * royard in dom . in . advent . rege constitute , non potest populus jugum subjectionis repellere ▪ et cunerus lib ▪ de offic. . princip●● ▪ sive electione , sive postulatione , vel successione , vel belli jure princeps fiat , principi tamen facto divinitus potestas adest . * psal . . . dan. . eccles . . * act. . , . * calvin in locum . * ibid. * os● . . * joh. . * sit cautio ad●ibenda , ut vires 〈…〉 nt ad ●oc idon●a● s●bd●●● , alioqu● in ●eli●ion●● catholicae praej●●i●tum ●●d 〈…〉 . cr●●well in his philopater . ●gaine , sub●●●● obe●i●n●●am s●am praeb●ant r●●i●ae pro praesent●●●●u● statu . ibid. modo vi●●s ●is s●pp●●unt . bannes in thom. . qu . art. . so also others of them . * pet. ● . ● . * ephes . . . * psal . . ● . * joh. ● . ● . * luk. . . thuanus anno dom. * bulla caenae . nos excommunicamus omnes lu●herano● , h●g●notto● , zu●ngl●●nos , &c. * urban . papa r●sc●●pt . de occiso●i●us excommunicatorum , ad god●● idum : extat ap●d ●vonem . * ma● . . ● . * pet. . . * p●● ▪ . . * 〈…〉 * 〈…〉 * 〈…〉 . . * ● 〈…〉 . ● . . * b●ll●r . l. . d● po●ti● . ● . ● . & ● . alan ●● his moderate defence , and others commonly . * t●rt . apol . . * 〈…〉 * 〈…〉 * ambr●● lib. . ●pist . ●● auxent . * 〈…〉 . ● . a●●ob . con . g●●te● . * b●●●laius lib. . contra monarchom . c. . * tol●ssanu● lib. . de r●p●b . cap. . cunerus de offic ▪ p●ine c. . aco●ta j●s . de indor . salut . lib. . cap. . * see his majesties large declaration ; where the confessions of all the reformed churches are alleadged against them : pag. . and pag. . where the profession of the present reformed churches of gen●●● , 〈…〉 , and others , is avouched , ●● 〈…〉 dislike of this scottish covenant , as being to them offensive , and scandalous , and of dangerous consequence to religion . * ●●b . . iust . ca. sect . . * as for luther , methinks the conspirators should stand to their own collection out of luther , in his determination of this question ; whether it were lawfull for the germanes to resist the unjust violence of the emperour ? and his resolution is , they may ▪ but mark his reason ; because his authority is limited by a joynt power of the princes electors : wherein ( saith luther ) it differeth from the monarchicall government , such as is that of france and england . and will any scottish have scotland go for lesse ? beza also teacheth it to be the duty of every man to suffer injury , and to know that there is no other remedy for those that are subject unto tyrants , but prayers and tears , and amendment of life . adding , that in this case , a privatis lominibus non multùm absunt inferiores magistratus . beza confess . fidei . * hieron ▪ the power of kings, particularly the british monarchy asserted and vindicated, in a sermon preached at wakefield in the county of york, sunday, october the th, by william clifford. clifford, william, a.m. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the power of kings, particularly the british monarchy asserted and vindicated, in a sermon preached at wakefield in the county of york, sunday, october the th, by william clifford. clifford, william, a.m. [ ], p. printed by s. roycroft for robert clavell, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -- o.t. -- psalms li, -- sermons. divine right of kings -- sermons. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the power of kings , particularly the brittish monarchy asserted and vindicated , in a sermon preached at wakefield in the county of york sunday , october the th . by william clifford , a. m. london , printed by samuel roycroft , for robert clavell at the peacock in s. pauls church-yard , . to all loyal subjects . gentlemen , being about to publish this sermon , i could not bethink my self how to make a more seasonable dedication of it , than to you all : being you are equally concerned , both as to your sacred , and civil interest , to maintain that greatest of priviledges which herein i have endeavoured to defend . that the well-being of this church and kingdom depends upon this , every one knows ; and i hope , we need not be admonished to look to the corner-stone . what it is that some men would have , god almighty only , and themselves ( if themselves ) do know : however it is to be wished , that whilst they are decrying of ours ( without doubt the best of governments ) for tyranny , oppression , and popery , they be not buoying of these up in the world , and bringing of them in ( which god avert ) under the mask of faction . may the great god of heaven and earth say amen to this sermon , and crown these mean essays ; by making of all those , whom nature hath made , and the law of nations declared , his majesties subjects , truly loyal . which , as it is the hearty prayer , so shall it be the sincere and perpetual endeavour of , gentlemen , your hearty well-wisher , william clifford . the power of kings asserted and vindicated . psal. . ver . . against thee only have i sinned — since it is become one of the great masterpieces of our incendiaries , to magnifie the power of the people , to break open the cabinet of state , to push forward the heady and raging multitude , with fictitious devices ; and to promote that diabolical dialect , of speaking evil of dignities ; i shall this day make it my business , to undeceive such as have been misled by those false fires . thou shalt not revile the gods , nor speak evil of the ruler of thy people , saith moses . curse not the king , no not in thy thought , saith solomon . and a greater than solomon was obedient to caesar . two of the twelve apostles bear record , that there cannot be a surer note of a schismatick , than to despise dominion , and to cast dirt in the face of our natural lord. it is not only the voice of our law , but we likewise have the unanimous astipulation , and suffrages , of the laws of god , nature , and all nations ; that a king ( being deo secundus , soloque deo minor , ) can do no wrong ; that is , no wrong for which he can be accountable to any but god , being only his ( and not the peoples ) vicegerent . and that i may evince this ( i hope ) beyond contradiction , i have made choice of holy davids case , as being the most apposite ( to the best of my judgment ) of any that i could meet withal . what st. hierom hath observed in the front of many of the psalms , ( which he probably had out of origen , with whose volumes his juvenile studies abounded ; and origen confesseth , that he had it by tradition from the jew his master ; ) is undoubtedly true : viz. titulum psalmi esse clavem , that the key of each psalm is the title . which , if we do consult , it directeth us to the second book of samuel , the th chapter , where we find the prophet nathan , in his message from god to david ; reproving him for his sin in the matter of vriah . whereupon the relenting prince ( being filled with the aggravating circumstances of so great a crime ) presently falleth into that pious confession , in the th verse of that chapter ; i have sinned against the lord. and , as if that had been too small a pennance , upon second thoughts ( which are always presumed , to be the most sound and searching ) he composeth this psalm ; sighing out his miserere mei deus , have mercy upon me , o god : for against thee only have i sinned . in doing right to this text , i shall omit the glosses of some later expositors , especially those of the geneva-faction ; and that i may the more exactly shew you , what was the judgment of the primitive christians in this weighty point of allegiance ; i shall cite the councils , and fathers , as being the surest witnesses in this particular : and having been approved by the universal church of christ , no good man can have the least occasion to doubt of their fidelity . and to these testimonies , i shall add the judgment of the immortal hugo grotius , to whose books , and memory , for his opinion in this point , all the princes of christendom do owe protection . and that these things may be the more perceptible , i shall move in this most easie , and natural method . wherein i shall shew , . that the defection of nature is so universal , that even kings can plead no immunity from it , no priviledge against it . . that althô the depravity of nature be general ; yet it is the sacred priviledge of kings only for their offences , to be exempted from all humane jurisdiction . . that such are the impetuosities of the vulgar , that notwithstanding this sacred reserve , majesty it self can scarce any where be inviolable . . that since the persons , and power of kings are esteemed sacred , both by the laws of god , nature , and all nations ; i shall exhort all men , that they be to the utmost of their power careful , not to violate so great a priviledge . . that the defection of nature is so universal , that even kings can plead no immunity from it , no priviledge against it . the empire of sin , after the fall of man , was so general , that no man can be excluded , that will not deny himself to be adam's off-spring . and thus we have the great apostle of the gentiles asserting , that in adam all died : and holy david confessing , in sin was i conceived , and in iniquity did my mother bring me forth . but it is needlefs to insist upon particulars , when as the wise man hath included all in his parenthesis , there is no man that sinneth not . the nature of this proposition is such , as you hear it is universally granted : therefore needeth it no further proof . neither will any one be so simple as to go about to exclude princes from it , till that day approach , when both they and we ( mortality being laid aside ) shall be equally exempted . till then both gratitude and interest , oblige us to cover the faults of our superiours . and therefore i shall proceed to shew , . that althô the depravity of nature be general ; yet it is the sacred priviledge of kings only , for their offences , to be exempted from all humane jurisdiction . in the former proposition we have seen , that they by whom the actions of men are weighed , and upon whom proemium & poena , the two hinges of all law do turn ; are not able so far to smother the embryon of original depravity , but that it will ( in spight of the utmost care and vigilance ) burst from the seed to the fruit , into actual impiety and transgression . but yet for all this are they not in the least liable to the censure of any man ; no tribunal under heaven hath power to take cognizance of them , or call them into question . the prophet in our text , tho a king , confesseth his transgression : but it is with reserve of justice unto none , but to him , whom alone he owned superiour ; and therefore he crieth , against thee only have i sinned . that some of our moderns might evade this plain sence of the text , they have invented one , which as they think will do the business . namely , that david sinned in a double respect ; one , as a king : another , as a private person . ( if these be not the notions of forty eight let the world judge . ) as he was a private person ( say they ) he was offensive to his neighbour , as well as to god , having been injurious to vriah . to which i answer : davids repentance here , was either feigned or sincere ; feigned it could not be , as appears by the circumstances ; neither will they suppose it . and if sincere , how cometh it to pass , that in his confession , he hath no respect to his injured neighbour ? but here lieth the bottom of the business ; if they could juggle the world into a belief , that david sinned as a private person , then the unavoidable consequence would be ; that he must be obnoxious to that law , which he had offended : and no man is ignorant , that the punishment of that sin whereof david was guilty , was death , by the mosaical statute . what is this , but to seek a pretence for regicide ? that david was injurious to vriah , i do fairly and readily grant . but , that he was a private person , neither they , nor all the world will ever be able to convince me , it being not only absurd , but impossible . to say , that such a one is a king , and a private person too , is a flat contradiction , which can never be reconciled : for wherever the one is , it is impossible for the other to be there also , at one and the same time . but whether david were private , or no , this was not the thing they aimed at ; which was , that he might be liable to terrestrial punishment : and then , whatsoever looked ( tho never so ill ) like an argument , must be brought to maintain it . thus do men become the patrons of error , and render themselves contemptible to all discerning persons . david was no private person after he was anointed : this was nothing therefore , but a distinction they had invented , and fitted for their purpose : and either it ( as i have shewed ) or our logic must be false , let them shew us one example , and it shall be enough , of any law , either divine , or humane , of any civilized nation in the world that owneth it : but this they cannot , being only ingaged to their own crazed heads for it . david was a king , and as such , was ( as other kings ) above the law. kings have power to dispence with the law at their pleasure : neither is there the severest punishment the law can inflict , but it is in the power of the king to remit it ; of this david could not be ignorant : nay , he seems to imply as much here ; and by how much the more he knew himself exempted from the mosaical law , by so much the more earnest here he seemeth to be with god for a pardon , to whose greater tribunal only he could be accountable . and of this his earnestness , the original is a sufficient witness , wherein the pronoun is twice repeated ; against thee , thee only have i sinned . but i hast to be more particular , wherein i shall undertake to prove , that for subjects to question the actions ( tho offensive ) or the authority of their princes , is a thing that is most clearly repugnant to primitive custom : inconsistent with the nature of the kingly office : and diametrically opposite to the liberty of the subject . . it is repugnant to primitive custom . that which men call religion , will in no wise allow the prerogatives of kings to be called in question . thus the thing was amongst the hebrews : when they requested for a king to rule over them , like as other nations had , the prophet answereth them , that they should have a king ; and that their king should take their wives and children , their servants and cattel , for his use and service ; as you may read at large sam. . . but that which is very observable , is , that the prophet in the whole description of that their king , who we know was none of the best , never so much as setteth the least bound or limitation to his power , maketh no observations of the extent of his authority . whereas , if either this , or any other of the precedent , or succeeding authors of the old testament , had but made any cases of resistance or restraint ; i make no question , but the antimonarchical spirits of these times would have been diligent in the search , and discovery of them . but so far was this from the business of samuel , and the rest of the prophets ; that they enjoyn obedience ( even to the worst of kings ) tho it be not only to the hazard of goods , but life . and we do find it twice pronounced ( to make the obligation greater ) concerning one of the most insolent , and unjust , of all their kings ; who can lift up his hands against gods anointed , and be guiltless ? that golden sentence of the psalmist therefore must of necessity have a like relation to all rulers ; touch not mine anointed . and as the law , so the gospel , runneth high concerning majesty . our saviour prohibiteth us from doing any man injury or injustice : but much more must we pay that reverence , and respect to caesar , which himself paid , and commanded us to do the like . you will never find him controverting the actions of caesar , or his delegates ; but willingly submitting to whatsoever they imposed : as you may clearly see in the case of tribute , wherein he proved to st. peter , that such as were freeborn were not liable to taxation : nevertheless ( saith he ) lest we be troublesom , go thou to the sea , and taking up a fish , in his mouth thou shalt find a piece of money , that give them for thee and me . nay , so far was christ satisfied of the power of the roman emperour , that he suffered death upon the sentence of pilate the governour ; not because he wanted power to make resistance , as porphyrius , julian , and some others , did vainly affirm against the primitive christians : but because he would not in the least seem to make any exception from that general rule of obedience to superiours , that he had laid down ; for otherwise , ( as he said ) he could pray to his father , who could send him more than twelve legions of angels , to be his assistants , and to rescue their sovereign lord , and creatour , from the violence of that hour . thus also we find the disciples treading in their masters steps , st. peter , and st. paul , those two great doctors of the circumcision and uncircumcision asserting this royal prerogative ; submit your selves unto every ordinance of man , ( saith peter , whatsoever some of his successours have to say to the contrary ) for the lords sake , whether it be unto the king , as supream , or unto governours substituted by him , for the punishment of wickedness and vice , and for the praise of them that do well : for so is the will of god , that in well-doing ye may put to silence the ignorance of foolishmen . answerably hereunto s. paul clearly evinceth the necessity of obedience to supream powers ; telling us , that such are ordained of god ; for which very reason ( saith he ) ye must needs be subject , not only for wrath , but also for conscience sake ; for he that resisteth the power , resisteth the ordinance of god. but notwithstanding all this , our enemies keep rubbing up the old sore , and in defiance of all our persuasions , and good councils to the contrary , they will understand st. paul , better than he understood himself . just in another case , like to andreas althamerus , who having taken up an opinion prejudicial to obedience , and good works ; and being not able to reconcile it with the doctrine of st. james , doth fairly therefore give st. james the lio , in a book printed , since mr. calvins reduction of geneva , at strasbourg . so they tell us , that they are willing to obey powers , could they have such powers as the apostle meant of , when he writ this epistle . wherein , alas , they are miserably mistaken , for the apostle writ this epistle to his romish converts , when they were under the government of a cruel heathen emperour . thus easily can mens fancies lead them to assert they know not what : both they and we have the greatest cause to bless god , that we are not under such a power as then was . and that which claimeth the next degree of our assent , after our saviours doctrine , and the apostles , is the suffrage of the universal church , together with the practice of primitive christianity , the best ( if not only ) interpreter of the new testament . he that consulteth these , will find them unanimously asserting the proposition we have now in hand . and what good laws were made for securing the royal rights of kings , i shall refer the more , intelligent to read in the universal code , wherein you have the four general councils of nice , constantinople , ephesus , and chalcedon ; with the five primitive synods , of ancyra , neocesaria , gangres , antioch , and laodicea ; all which have been all along received , and approved , by the universal church of christ . and as this was the opinion of the whole catholick church , so doth it still remain , ( and long may it do so ; ) there being no one church in the known world asserting otherwise ; nor any sound , and sober member of any church , as far as i was ever able to learn : except a few deluded creatures in the church of rome , and a handful of zealous fools in the reformed churches , who have made themselves ridiculous , and contemptible , in the eyes of all thinking , and judicious persons ; by asserting that , which the uninterrupted opinion , and universal practice of the christian church for fifteen hundred years , and upwards , hath flatly contradicted . and whether the judgments of a few , and those ( it may be ) for the most part ignorant ; or the opinions of thousands , who ( for their great piety and exemplary loyalty ) are of precious memory ; be in a case of so great moment as this , to be preferred , he must have abjured his reason , that cannot easily distinguish . however it be , we need go no further to learn loyalty , than our own church . all the laws of this realm , both sacred , and civil , do teach us what it is . the oath of fidelity , ( which i suppose ) most men have taken , is sufficiently plain , and obligatory ; to which i remit you . and let any man consult that , together with his own interest , and safety , and then let him be disloyal , if he can . neither did any of the ancient fathers recede one jot from the apostolical doctrine , and practice . it is the greatest wickedness in the world , to resist the supream power , saith clemens in his constitutions . and tho you blast our fame ( saith tertullian speaking to the romans ) by saying , we are injurions to majesty , yet can you find no such man amongst us ; for tho we have filled not only the country , but the court , yet are we averse to rebellion . our saviour hath taught us , and st. peter hath taught us ( saith nazianzen against julian ) not to resist lawful authority , ( meaning the emperour , ) but rather to suffer ; it is lawful for us to flee , our saviour hath permitted it , so did st. athanasius , so did st. cyprian ; neither have we any other remedy left us , but prayers and tears . and when an emperour offered violence to some of the christians , what pious advice doth ambrose , writing to auxentius ) give them : beware ( saith he ) of any weapons , but your tears ; with these you may , but with any other you may not resist . and that which will be the glory of the christian world , to the end of the world , as it will likewise be the shame of those that contrived , and acted that tragedy , an-indelible example of christian patience , is that of the theban legion ; which consisted of near seven thousand christian souldiers , who being in the field , and having their swords drawn in their hands , and of sufficient power to defend themselves , and rout the forces of the emperour ; yet suffered themselves quietly and calmly to be martyred , rather than to obey the severe and unmanly edict of maximian . i might give examples in every century down to these very times , and i might have done it without going far from home . it is not long since the whole church of england was martyred in the cause of her sovereign lord. let those who were the designers , and the actors of that unevangelical zeal , live unparallel'd , and die unpitied ! but i shall content my self , and ( i hope ) satisfie every honest man , and modest christian , with that which st. chrysostom hath said upon the words of st. paul , rom. . wherefore ye must needs be subject , whosoever ye be , tho an apostle , evangelist , prophet , or whoever else , you must needs be subject ; for , if christ and his apostles ( saith he ) thought it requisite to be subject to pagan , how much more requisite then must it needs be , to be subject to christian princes . ? besides the fathers , i promised you the judgment of the immortal grotius , who hath been miserably misunderstood by some in this point : no man ever yet having asserted , and defended the prerogatives of kings , with such strength of antiquity , such sober , solid , and substantial arguments , as that learned man hath done . and his observation ( amongst many others of great worth ) is this ; that the gospel is a more exact rule , and a more pure institution than ever yet appeared in the world , and consequently doth require a more perfect and intire patience , and obedience ; and therefore we cannot without great sin , and the highest injury to our blessed lord , and his gospel , recede from that exact obedience which he hath enjoyned , and whereof he hath made himself our example . and how he behaved himself , the apostle is the most credible witness , who telleth us , that he did no sin , neither was guile found in his mouth ; that when he was reviled , he reviled not again ; that when he suffered he threatned not , but committed himself to him that judgeth righteously , in all things leaving us his example , that we should tread in his steps . thus grotius . and as the law of moses , the gospel , and the laws and practice of all christian nations ; so the law of nature , and all civilized ( tho not christian ) nations , do assert this truth : whereof plato's books of his common wealth are an ample testimony . and in the twelve tables ( which are believed to be of grecian extract , greece having furnished all the heathen world with laws , as it is probably supposed , ) which contain the fundamentals of the old roman law , crimen laesae majestatis is the first , as being a guilt of the highest nature . hitherto we have seen what primitive custom hath for this assertion . it appears by what hath been spoken , that we must be so far from questioning the royal prerogatives , that we are obliged both by the law of god , nature , and all nations , to vindicate them though it be with peril of life . and if our superiours should command us any thing ( as god forbid they should ) contrary to any of these laws , you hear what is enjoyned us ; we must lay our hands upon our mouths , and suffer with that meekness which becometh our profession , remembring the examples of our saviour and the primitive christians , whereof i have given you a full ( and i hope satisfactory ) account . however , i am assured that i have spoken the judgment of the best , and purest ages of christianity ; neither can any thing be sound in contradiction to this doctrine in all the whole life , actions , or sufferings of christ ; nor in the constant and unerring practice of the primitive christians ; nor in any of the writings of the apostles , or apostolick men. i proceed therefore to shew , . that for subjects to question the actions ( tho offensive ) or authority of their princes , is inconsistent with the nature of the kingly office. the scepter is put into their hands by god almighty alone : and with that the power he giveth them is so great , as that he maketh them capable of being accountable to none , but himself only ; thus he saith , by me kings reign . of this power king solomons sentence is very absolute , who shall say to a king , what dost thou ? and of the unquestionableness , and uncontroulableness of his authority , he further addeth , the wrath of a king is as the roaring of a lion ; who shall stir him up ? things depending on another , are governed by that on which they depend : this is undeniable . thus the lives , and liberties of subjects , do depend upon the good , or evil will of their prince . and thus much pilate could alledge to our blessed saviour , that he had power to condemn him , and that he had power to release him ; whereupon our saviour replied , without any denial , or refusal of the power , that he had no power at all , but what was given him from above ; that is , that power wherewith he was invested , and which he then exercised , under the roman caesar , was not only by the permission , but also by the order , and institution of god. were it so , that the actions of kings , or their authority , could be swayed , or byassed , by any other terrestrial power whatsoever , except their own : how proteus-like would government be ? how would the laws of mercy , and justice , which are so essential to the being of a government , that it cannot subsist without them , be either wrested , or quite antiquated , by the prevalency of a party ? admit but this , and then we should soon be sensible of the prophets complaint , justice is gone away backward ; having instead of law , rule , and order , nothing but noise , distraction , and confusion . which brings me to shew . . that for subjects to question the actions , or authority of their prince , is diametrally opposite to the liberty of the subject . we are subjected unto lawful earthly powers , that under them we may lead godly , and peaceable lives , saith the great apostle . and that ( according to the prophet ) every man might fit under his own vine , and that none might make him afraid . the enjoyment of our lives , and our liberties too , as well in sacred , as secular things , next under god , we have from the prudence of our prince . that our lives have not hitherto been made a prey to our enemies , it is , because his sacred majesty maintaineth , and defendeth them . that our liberties , both in religion , and state , have not long since perished away in our bosoms , it is , because we have a king to actuate , and enliven them . in a word , that the allies of rome , or geneva , have not long ere this extirpated the best reformed church in europe , the church of england ; it is , because his sacred majesty , and his predecessors , ( and long may he , and his successors be equally prosperous , ) have hitherto dispelled all those abominable mists , of schism , sacriledge , and idolatry , which they raised amongst us . hitherto i have shewed you , that a king is the greatest of all earthly blessings , the defence of our lives , the bulwark of our liberties . surely i need not long stand to recommend it to you . how many hundreds yet alive , have not long since seen our tumultuous world ; wherein tho religion , and liberty were the pretence , yet prophanity , atheism , and slavery were the event ? wherein our greatest enjoyment was the blessed hotchpotch of democracy : and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of our devotion ( instead of our pure , and primitive liturgy ) was exercised in an halting directory , not only destructive of , and contradictory to , all antiquity , but also to it self . and the wholsom laws of our gracious and natural sovereign , abrogated together with himself , to make way for worse . and that which crown'd the happiness , we had reformation thrown amongst us with a sword in its hand , to let us see how basely we had abused the power of the sword , in taking it from him , who alone ( by the law of god , nature , and nations , ) did justly challenge it . the abrogation of civil power makes every man sui juris : so that take away the supreme power , which is indeed the life of all laws , and then all manner of sins will be venial . heresie and schism , murder , conspiracy and rebellion , the blackest impieties , these will never be boggled at . for indeed , that many men abstain from the commission of these sins , it is not because they are so much afraid of the justice of god ; as of the severity of the king , who swayeth the sword of justice , as gods only vicegerent . and thus , at the long run , should we be brought into the lamentable condition of the wretched hebrews , of whom we find this melancholy complaint registred by the prophet no less than four times together : that in those days there was no king in israel , but every man did that which was right in his own eyes . which seasonably brings me to my third proposition , namely to shew , . that such are the impetuosities of the vulgar , that notwithstanding this sacred reserve , majesty it self can scarce any where be inviolable . altho god almighty hath made so good security for his anointed ; tho their crowns be established by the firm and perpetual decrees of all laws , both divine and humane : yet there are a sort of men in the world , and the very pest they are of all order and society , the great principles of whose religion , are to vilifie and blaspheme magistracy , and to trample upon and contemn all that is sacred and venerable ; purchasing to themselves the applause of the popularity by wild vtopian notions , wherewith they do easily prevail upon , and seduce the giddy multitude . and there is nothing vented , tho never so extravagant and phrenetical , but some will countenance it . the most lunatic fancies being once broached , do not long want abettors . and hence there are several objections raised , to strengthen this antimonarchical fabrick . . they object , regem esse infra non supra ecclesiam . this objection is equally asserted , both by the romish and reformed party : the one endeavouring hereby to magnifie the power of him who treadeth upon the necks of kings , tho he was anciently wont , and still his duty is the same , to embrace their feet : the other hereby striving to vindicate the supream power of classes and synods . and the answer of the one , will be the sufficient conviction of either . but first , it will be necessary to ask , whether by the church , they mean the catholic , or some part of it only ? if they mean the catholic church , then we must needs confess , that no king is above , but within it : seeing it never yet was , nor never can be under the power of any earthly monarch . when they have said what they can for the popes supremacy , we believe , that the catholic church oweth fealty to none , but only to him who rightly is the king of kings , and lord of lords , the lord jesus christ . neither can it be supposed to have any visible head , except in a council truly general , and that headship can only remain protempore concilii . but if by the word church be meant any part only of the catholic , as in particular the church of england : then we own no head but the king alone ; and so here will be no work for the superintendent and his classis . and if they demand our reason , for this we remit them to the canons of our church , which tell us , that the kings of england claim no more power in ecclesiastical matters , than the pious kings of israel , and the religious christian princes ( even the roman emperours , for some of the first centuries ) anciently had . and till they can shew us a more warrantable pattern , than the universal christian practice of fifteen hundred years , and more ; they must give us leave to prosecute our allegiance . taking this first for granted , they proceed without our allowance , or shew of reason . . to say , that a king must servire ecclesiae ; which phrase several ancient and pious authors have used , and to which we assent , if we may have leave to understand it as the ancients did . but if they go about by this phrase , to subject a king to the slavish humors of his people , we must take leave to dissent , servire ecclesiae , according to the mind of such authors as use it , is no more than necessitatibus ecclesiae consulere , and in this sence the greatest monarch will not refuse it : this is all that st. augustine meaneth by it ; witness himself , serviunt enim qui imperant , officio consulendi , & providendi misericordia . this is all that the pagan authors mean , when they render imperium , servitutem . thus therefore , if they will allow us to interpret we are agreed : but if they will not , we must needs say , they are very bad etymologists , in striving to frame such sences , with which antiquity is utterly unacquainted . . they allow a power , ( if the king do not in their sence , servire ecclesiae ) to subordinate magistrates , to correct the miscarriages of princes . a most unjust and unequal priviledge ! what is meant by subordinate magistrates , we suppose to be such persons as have received authority from the king ; let them act in what capacity soever , either in church , or state. and these inferiour powers are approved of god : yet so , as the apostle seemeth to make our obedience to the king , and those inferiour powers , two different things ; to the king we are so far enjoyned obedience , that we cannot possibly fail in it , without being absolutely guilty of sin ; to the inferiour magistrate , we are obliged , so far as his commands are the same with the kings , or not destructive of , or prejudicial to them ; which if they be , the same obligation is upon us not to obey , but to appeal to the greater , viz. the king. it is beyond all controversie with me , and i hope with all good men ; that tho inferiour magistrates , with respect to private persons , be publick , yet with respect to the king they are private persons . and as it is in the power of inferiour magistrates , to take cognizance of , and punish the offences of private persons , so doubtless is it in the power of the king , to take cognizance of , and punish the offences of inferiour magistrates ; with respect to whom , they are no more than private persons , ( as i have already shewed , ) and so liable to be by him punished , for their miscarriages , as private . it would certainly be no small paradox , to say , that the king , having the supream power in these kingdoms , ( and long may he , and his lawful successors , enjoy and exercise it , ) might not invest such persons as he should think fit , with inferiour magistracy , and punish them for the abuse , or neglect of the exercise of the power he hath given them ; or degrade , and devest them of their authority . . if the inferiour magistrates be negligent , then the pastors , and people , have solemn leave to depose ( nay martyr ) kings , to defend themselves ( in such unchristian actions ) with the power of the sword , if their lives and consciences ( as they do most preposterously term it ) cannot be otherwise safe from the tyranny of kings . a most antichristian principle , and such as might defile the very mouth of beelzebub to pronounce it ! horresco referens . this , and much more such horrid stuff , may be found in the commentaries of pareus , upon the th chapter to the romans . neither could it ever have been better confuted , than it was by king james of blessed memory , and the loyal university of oxford , who gave order , that the commentaries of pareus should be hurnt ( as they well deserved ) in public , by the hands of the common hangman . and for the utter extirpation of such seditious , impious , and antimonarchical doctrines , it was decreed by the oxonian university , in a full convocation , june the th , . that every person that was to be honoured with a degree , in any faculty whatsoever , should before admission swear , ( in an oath framed for that very purpose ) to alienate such principles : as may be seen at large in the decree , and oath . . according to these infernal principles ( in the late times of distraction ) this was usually their ( most illogical ) assertion ; that it was lawful to fight against the kings person , with his power ; and that the king might be killed in his personal , or private capacity , ( as they called it , ) and yet his power never the worse for it , his authority not suffering . a strange metaphysical notion ! and so likewise , that st. paul speaking of kings , meaneth the kingly office , not his person ; with much more of this nature . thus do they make the king a meer platonical idea , a quality , not a personal subsistence : as if the king of england were nothing but carolvs rex written in court-hand , without either flesh or blood. if it be so , to what purpose are those significant solemnities used at the coronations ? why are they crown'd , inthroned , inoyled ? but to shew their personal , and imperial power and supremacy : in military , judiciary , and religious matters . that the kings authority may be where his person is not ( if this be their meaning ) is most true ; but , that his person may be where his authority is not , is most false : and a king without personal authority , is a contradiction , and no king. how dull were the primitive christians , that could not bethink themselves of this distinction ! what blood and martyrdom might it have saved ? but let these faint chimera's vanish . . they say , that if we ascribe so much power to the king , religion cannot be safe , but that he may alter it at his pleasure . and so he may : neither is the power of kings in any thing more visible , than in establishing such modes of public worship , as they think fit . this is sufficiently asserted , and maintained by the most political authors that hitherto i have met withal . were not the religious rites in judea altered , according to the genius of the prince ? thus we find the rites of ahaz altered by his son ezechias , which manasses his nephew again restored , but by josias they were again abolished . thus , if they demand , why in the reign of queen mary the romish religion , and in the reign of queen elizabeth the reformed religion , prevailed ? there can be no other reason be given , but that ( next under god ) it was ex reginarum arbitrio . it is an old ( and unanswerable ) maxim , qualis rex , talis lex . and if every magistrate must be devested of his power , because it is possible he may abuse it , then should we have no power at all , at least no exercise of power , there being the same reason to fear every man alike , because the axiom ( nemo est qui falli neque at ) includeth all . but why our king may not be intrusted with the same power ( seeing he cannot well use it worse ) wherewith they durst intrust their protector , is a paradox to me . or , suppose this should fall out ( which always doth not ) that a king should alter the received religion ; yet may we have sufficient comfort , if we consider , that the hearts of all men are in the hand of the lord , but more especially are the hearts of kings in his power , and as the rivers of water , he can turn them as he pleaseth . it is gods work ( you hear ) to sway the inclinations of kings , let us then beware how we meddle in it . his power is so unspeakable , that he can equally effect his will , as well by evil , as by good kings . sometimes prosperity , and sometimes adversity is more profitable for the church . and if the prince be pious , then the truth flourisheth under him : and if he be ungodly , it will be evil for the church , but worse for him , whose condemnation shall one day be augmented , answerably to the greatness of his charge . and in the mean time , rebellion will be so far from being agreeable , that it will every way be contradictory to a christian profession . well said saint augustine , reges cum in errore sunt , pro ipso errore leges contra veritatem ferunt ; cum in veritate sunt , similiter contra errorem pro ipsa veritate decernunt ; ita & legibus malis probantur boni , & legibus bonis emendantur mali . but i hast to my fourth and last proposition , namely , . that since the persons , and powers of kings are esteemed sacred , both by the laws of god , nature , and all nations ; to exhort all men , that they be to the utmost of their power careful not to violate so great a priviledge . the duty of obedience to kings , was a thing so well known , and so firmly believed in the primitive times , that the christians then stood in need of no other arguments to perswade them to it , but such as christ and his apostles left upon record . and seeing that those who lived so near the apostles days , were so extraordinarily tenacious of this duty : it raiseth admiration in me , to consider , that some men amongst us , who do ( at least ) pretend to as great sanctity as ever any primitive . christian had , should go about to raise arguments , to defend their taking up of arms against their lawful ( and christian ) princes , from the same sacred scriptures , which the ancients thought laid sufficient obligation upon them ( as i have largely shewed in the preceding parts of this discourse ) to obey even the worst of heathen powers . that both god , nature , and nations , have priviledged kings , i have already fully shewed , and i trust so fully , as to render it ( however to all good men ) indubitable ; the authorities that i have made use of , are such as are altogether unquestionable . for next to the sacred scriptures , which we all equally own , and adhere unto , i have urged only such general councils , and ancient synods , as have hitherto been approved by the whole christian world. and for the testimonies of the fathers , or others that i have used , they are from the best and most authentic editions . however therefore this discourse may relish , it concerneth not me ; seeing that i am assured , that i have all along impartially spoken the mind of the catholic church . and that to this very day , there hath not been a general council , truly so named ; or any other ancient ( tho not oecumenical ) synod , duly , and regularly called , and debating ; or an authentic copy of any father ; that have delivered otherwise . if our adversaries can produce the contrary , we challenge them in the name of god to do it : if they cannot ( which is i am certain much more easie , ) then let their brainsick notions cease to be imposed upon the vulgar multitude ; who are more apt to be taken with flatteries of their chimerical greatness , and supremacy ; with noise , and impudence ; than with any sober reason , or sound arguments . but let us , who have so good authority for our warrant , as the voice , and universal practice of the primitive church , resolve ( in spight of all contradiction ) to be ever conscious of our duty . methinks , the very consideration of our interest , and society , should put us in mind of subjection : for what a polity else should we make ? what greater soloecism could we grant in nature , than that the head should give place to the supremacy of the foot ? tho it be true ( as the apostle observeth ) that in the body , no one member can be without antoher ; yet for the inferiour to go about to usurp the office , and power of the superiour , must needs make a privation , and so leave some place unfilled ; to which philosophy will in no wise yield . there are not the most uncivilized of all people , but they have something of subordination : how much more then ought we to do that , which not only nature , but god , and the law of nations , have enjoyned . and if our interest cannot draw us , let the examples of our saviour , and the primitive christians , persuade us ; and if these be not sufficient to sway us , let the eternal rewards of grace entice us ; nay , since god almighty hath made such sacred defences for kings , let the majesty of their countenances dash our daring fancies into due allegiance and subjection . a good christian , and a good subject , are reciprocals ; the one being not possible to be found without the other . and if we have love for our great master , we can no way better manifest it , than by yielding a full subjection to such powers as he hath ordained to fill his room , till himself come , whose all power truly is , and to whom all authority doth rightly belong . let us therefore strive by obedience to our prince , to regain that honour and credit , which our nation by disobedience hath so lately lost . we may justly say , that ( with our royal prophet ) we are become the very scorn and derision of them that are round about us ; but let us beseech god ( with our royal charles the martyr ) not to lay that innocent blood unto our charge . and for the future , let us be active in repairing those breaches of loyalty , which the father most rightly claimed , for the son. and let us not suffer our selves any more to be deluded , with the vanities of those men , who ( under the empty notions , and specious titles of christs kingdom , liberty , and reformation , ) preached up nothing amongst us , but hypocrisie , rebellion , and confusion . lastly , let these miserable calamities , under which we so lately groaned , be a further incentive of loyalty to us . let us think of them , and i question not , they will be a means to make us resolve , to stand by our prince with our lives and our fortunes . and to animate us in so indispensible a duty , let us beg of god to continue us in the true religion , which at this day by law we profess ; and then we need not to question , but the sence of our duty , will add strength and perseverance to our loyalty . which ( that it may do ) god of his great mercy grant for jesus christ's sake : to whom with thee , o father , and thee , o blessed spirit ; three persons , but one immutable god , be given of the holy catholic church , all power , praise , and glory , world without end , amen , amen . finis . notes, typically marginal, from the original text notes for div a -e exod. . eccles . . . king . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sam. . . & . . psal . . . pet. . , , . rom. . tertul. ad scapul . & in a pologeticis saepissimè . nazianz. orat . . adversus julian . ambros . lib. . orat in auxentium . grot. de jur . belli , &c. lib. . cb . . fusissimè ; & in annotat. sacris passim . pet . . , , . judg. . . & . . & . . & . ult . pet. . , , . for further sati●faction in this point of the authority of supreme , and subordinate magistrates ; i shall refer the more curious , to mine annotations upon the church-catechism ( in the fifth commandment , ) now under the hands of the amanuensis ; and will ( bono cum deo ) be ere long ready for the press . rom. . prov. . . august . adsus crescon . l. ch . . political aphorisms, or, the true maxims of government displayed wherein is likewise proved ... : by way of a challenge to dr. william sherlock and ten other new dissenters, and recommended as proper to be read by all protestant jacobites. harrison, thomas, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) political aphorisms, or, the true maxims of government displayed wherein is likewise proved ... : by way of a challenge to dr. william sherlock and ten other new dissenters, and recommended as proper to be read by all protestant jacobites. harrison, thomas, fl. . [ ], , [ ] p. printed for tho. harrison ..., london : . attributed to harrison by wing and nuc pre- imprints. advertisements: [ ] p. at end. item at reel : identified as h (number cancelled). reproduction of original in the cambridge university library and university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherlock, william, ?- . -- case of resistance of the supreme powers stated and resolved. jacobites. divine right of kings. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion political aphorisms : or , the true maxims of government displayed . wherein is likewise proved , that paternal authority is no absolute authority , and that adam had no such authority . that there neither is or can be any absolute government de iure , and that all such pretended government is void . that the children of israel did often resist their evil princes without any appointment or soretelling thereof by god in scripture . that the primitive christians did often resist their tyrannical emperors , and that bishop athanasius did approve of resistance . that the protestants in all ages did resist their evil and destructive princes . together with a historical account of the depriving of kings for their evil government , in israel , france , ●●●in , portugal , scotland , and in england before and sin●● the conquest . by way of challenge to dr. william sherlock , and ten other new dissenters , and recommended as proper to be read by all protestant iacobites . he that being often reproved , hardneth his neck , shall suddenl● be destroyed , and that without remedy , prov. . . london , printed for tho. harrison at the west end of the royal exchange in cornhill . . the preface . after all the signal deliverances god hath vouchsafed to these brittish islands , and the many eminent appearances of divine providence in our late happy revolution , even to this day , one would think no protestant should repine at this happy and advantageous change , from an arbitrary to a legal monarchy , but reckon it his felicity to have lived to this day , to see the imperial crown of england worn by a protestant king and queen ; an happiness which our fathers wished and longed for in king charles the first 's and second 's time , but could not obtain , the evil consequence thereof this nation hath sufficiently felt ; therefore i may well say , o thrice happy england , didst thou know thy happiness , and hadst an heart to be thankful for it ! who could have thought , that notwithstanding the visible hand of god in this unparallel'd revolution , we should still have amongst us a korah , a dathan , and an abiram , a murmuring still in our streets ? our fore-fathers never bought their liberty at so cheap a rate as we have done now , which makes it so much despised and slighted at present , as if liberty could never be good without wading through a sea of blood to obtain it . we commend our fore-fathers for standing up for their rights and priviledges , ( without which we should have been slaves to this day ) and yet that we should condemn one another for the same thing , though our religion , which is infinitely more dear to us than a few worldly liberties , lies at stake , is such an intollerable folly that succeeding ages will hardly give credit to . but what is more strange , is , that some protestants are for the restauration of the late king james , with the young impostor , the consequence whereof can be nothing less than slavery , and the total subversion of the protestant religion in england , as well as the endangering it throughout the world. but that the world may see what rare notions of civil government our murmurers have , i shall here set down some of the sayings of one of their mighty pillars of passive obedience , dr. william sherlock , as they are in his case of resistance of the supreme powers . no man wants authority ( says the dr. pag. . ) to defend his life against him who has no authority to take it away ; but yet he tells you most learnedly , p. . that the prince is the powers or authority ; ( not the laws ) and in p. . that the king receives not his sovereign authority from the law ; and in p. . he sayes , that there could not be greater nor more absolute tyrants than the roman emperors were , and yet they had no power over the meanest christian , but by an express commission from heaven : and he tells you further , p. . that when we resist our prince , we resist the ordinance , constitution and appointment of god. what invincible arguments are these for passive obedience , which makes god the author of all the outrages , cruelties , rapin●s and blood-shed that have been committed in the world by sovereign princes ! but i think the dr. has taken the right way ( if there be any ) to establish the doctrine of passive obedience without reserve . st. peter exhorted the christians to submit to every ordinance of man for the lords sake ; which plainly signifies ( sayes the ingenious dr. p. . ) that whatever hand men may have in modelling civil governments , yet it is the ordinance of god , and princes receive their power from him : what a rare argument is this for tyranny , oppression , and idolatry , &c. for according to the doctor 's notion , if the legislative authority of a nation should abolish the christian religion , and set up paganism , mahometanism , and popery , and make never such unjust and tyrannical laws , yet it would be the ordinance of god. since i can hardly find throughout all the doctor 's book , he knows what any part of civil government is , and least he should take an established religion to be no part thereof , i shall make bold to tell him , that when a religion is established by the legislative authority of any nation , it becomes part of the civil government , and is to be defended and supported by the administrator of that government . the dr. hath many more as rare arguments as these , but for brevity sake i omit them , these being sufficient to shew upon what rock this sort of men build their notions of passive obedience . i challenge all the new dissenters in england , and all the conformists who have sworn allegiance to their majesties only as king and queen de facto : but more particularly , dr. will. sherlock , shadrach cook , john leke , dr. francis thompson , person , dr. — audley , will. gefford of suffolk , john hart of tanton , wood , cuff , john norris of cambridge , richard stafford , and the author of the history of passive obedience , together with sir r. lestrange and all his pupils , to answer the following tract . i desire these learned men to resolve me this case of conscience , whether or no those who joyned with or assisted the prince of orange , upon his arrival , are not guilty of rebellion ? and whether or no those divines and laicks who invited him over , are not more guilty of rebellion , ( according to the doctrine of passive obedience , without reserve , as being the first cause thereof ) than they that joyned with him upon his first arrival ? and whether upon the bishops refusing to disown their inviting him over , it does not follow that they did invite him over , and upon their refusing to subscribe to the form of an abhorrence of the invitation , it did not plainly imply , that they disowned the doctrine of passive obedience , and allowed the resisting of arbitrary power ? and when they desired the prince of orange ( our present king ) to take upon him the administration of the government , it did not imply that king james had deserted the government , and that the throne was thereby become vacant ? the reason why i take this unusual way of writing by way of challenging of particular men , is , because in a general challenge no man would reckon himself concerned in it : for what is every ones business , is no body's business ; and because the dissenters from the present government do assert , that ( the late ) king james is de jure still , and that obedience is due to him during his life , and that dr. sherlock and many others can prove the doctrine of passive obedience , without reserve , to be a true doctrine , and they hope to hear it preach'd with as much zeal as ever . these are the reasons that induced me to challenge particular men , and to write this tract , that there might be no plea for the resurrection of this absurd , nonsensical , sheepish , slavish , inhumane , bow-string doctrine , which one sucks in with his milk ; another he takes it to be the distinguishing doctrine of the church ; and another believes it , because it has been told him from the pulpit ; and a fourth because a great many ingenious and learned men have declared it to be a true doctrine : thus we become wise by tradition and example , having an implicit faith to believe whatever our guides declarr to be the doctrine of the gospel , though it be never so contrary to the iustice and goodness of almighty god , and to undenyable reason . if the church in its reformation from popery had retained transubstantiation , no doubt but we should have had as many and as zealous asserters of that doctrine as of passive obedience without reserve , the one being as false as the other is impossible . i remember the saying of a passive obedience man , if an angel ( sayes he ) came down from heaven , and preacht any other doctrine than passive obedience , as it was lately taught us , i would not believe him . o what a commendable thing is it to be true to ones principle , though it be never so ridiculous or false , or tends never so much to the inslaving or destruction of our countrey ! i have hitherto ( says cato ) fought for my countreys libety , and for my own , and only that i might live free among free-men . i wish that every english-man could say that he had either sought or done something else for the good of his countrey , which is the ambition of t. h. political aphorisms : or the true maxims of government displayed . it is evident that no rule or form of government is prescribed by the law of god and nature ; for that then they would be both immutable , and the self-same in all countries . for the better proof whereof , it is necessary to shew , how far government proceeds from nature , and how far from man ; to wit , that man is sociable , and inclined to live together in company , which proceeds from nature , and consequently also from god , that is author of nature ; from whence do proceed all private houses , then villages , then towns , then castles , then cities , and then kingdoms and common-wealths ( as aristotle saith in his book of politicks ) . tho government in like manner , and jurisdiction of magistrates , which does follow necessarily upon this living together in company , be also of nature ; yet the particular form or manner of this or that government , in this or that fashion , as to have many governors , few , or one , and those either kings , dukes , earls , or the like ; or that they should have this or that authority more or less , for longer or shorter time , or be by succession , or election themselves and their children , or next in blood : all these things ( i say ) are not by law natural or divine ( for then , as hath been said , they should be all one in all countries and nations ) for god said , gen. . . it is not good that man should be alone , i will make him an help-meet ( or assistant like unto himself ) : so that as this first society of our first parents was of god , and for so great purpose as the one to help and assist ( not destroy or inslave ) the other : so all other societies , as proceeding from this first , stand upon the same ground of god's ordinance , for the self-same end of mans utility or happiness ; all which is confirmed by the consent and use of all nations throughout the world ; which general consent cicero calleth ipsam vocem naturae , the voice of nature her self . for there was never yet any nation found either of ancient times , or of later days , by the discovery of the indies , or else-where , where men living together , had not some kind of magistrate , or superior to govern them ; which evidently declareth , that magistracy is also from nature , and from god that created nature ( though not in this or that particular form : ) which point our civil law doth prove in like manner , in the beginning of our digest , do origine iuris civilis & omnium magistratuum , of the beginning of the civil law , and of all magistrates , which beginning is referred to the first principle of natural instinct , and god's institution . though common-wealths and government of the same by magistrates are of nature ; yet the particular forms or manner of governments are not of nature , but are lest unto every nation and country to chuse what form of government they like best , and think most fit for the natures and conditions of the people . by the state of nature we are all equal , there being no superiority or subordination one above another ; there can be nothing more rational , than that creatures of the same species and rank promiscuously born to all the same advantages of nature , and the use of the same faculties should also be equal one amongst another , without god by any manifest declaration of his will had set one above another , and given him superiority or soveraignty . were it not for the corruption and viciousness of degenerate men , there would be no need of any other state ; for every one in that state being both judg and executioner of the law of nature , which is to punish according to the offence committed . men being partial to themselves , passion and revenge is very apt to carry them too far in their own cases , as well as negligence and unconcernedness makes them too remiss in other mens . this makes every one willingly give up his single power of punishing to one alone , or more , as they shall think most convenient , and by such rules as the community , or those authorized by them to that purpose , shall agree on , with intention in every one the better to preserve himself , his liberty and property . what is it but flattery to the natural vanity and ambition of men , too apt of it self to grow and increase with the possession of any power , who would perswade those monarchs in authority , that they may do what they please , because they have authority to do more than others ; since rational creatures cannot be supposed , when free , to put themselves into subjection to another for their own harm , which were to put themselves in a worse condition than in the state of nature , wherein they had liberty to defend their lives and properties against the invasions of any man or men whatsoever ; whereas by giving up themselves to the absolute arbitrary power of any man , they have disarm'd themselves , and armed him to make a prey of them when he pleases . i have been the longer in speaking of the state of nature , and the natural instinct to society and government , for that it is the fountain of all the rest that ensueth in a common-wealth , but if we respect god and nature , as well might all the diversity of governments , which have been , and now are in the world , have followed one law , as so different , but that neither god , nor nature ( which is from god ) hath prescribed any of those particular forms , but concurreth or permitteth such which the common-wealth appoints . can any man say that god and nature did not concur as well with italy when it had but one prince , as now when it hath so many , and the like with germany , and also with switzerland , which was once one common-wealth under the dukes and marquesses of austria , and now are divided into thirteen cantons or common-wealths , under popular magistrates of their own ? england also was first a monarchy under the britains , and then a province under the romans , and after that divided into seven kingdoms at once , under the saxons , and after them of the danes , and then the normans , and then the french , and now a monarchy again under the english ; and all this by god's providence and permission , who suffered his own peculiar people the jews to be under divers manner of governments at divers times ; at first under patriarchs , abraham , isaac and jacob ; then under captains , as moses , ioshua , and the like ; then under judges , as othoniel , ehud and gideon ; then under high priests , as eli and samuel ; then under kings , as saul , david , and the rest ; then under captains and high priests again , as zorobbabel , iudas maccabeus , and his brethren ; until the government was lastly taken from them , and they brought under the power of the romans . and last of all that god does concur with what magistrate or magistrates the community thinks fit to appoint , is plain by the testimony of holy scripture , as when god said to solomon , by me kings rule , and nobles , even all the iudges of the earth , prov. . . that is , by his permission they govern , tho chosen by the people ; and st. paul to the romans avoucheth , that authority is not but of god , and therefore he that resisteth authority , resisteth god , rom. . which is to be understood of authority , power and jurisdiction in it self according to the laws of every country . all politick societies began from a voluntary union and mutual agreement of men , freely acting in the choice of their governours , and forms of government . all kings receive their royal dignity from the community by whom they are made the superiour minister and ruler of the people . aristotle , cicero , augustin , fortescue , and all other politicians agree , that kingdoms and common-wealths were existent before kings ; for there must be a kingdom and society of men to govern , before there can be a king elected by them to govern them ; and those kingdoms and societies of men had ( for the most part ) some common laws of their own free choice , by which they were governed , before they had kings , which laws they swore their kings to observe , before they would crown or admit them to the government , as is evident by the coronation-oaths of all christian and pagan kings continued to this day . the safety of the people is the supreamest law ; and what they by common consent have enacted , only for the publick safety , they may , without any obstacle , alter when things require it , by the like common consent . the lawful power of making laws to command whole politick societies of men , belongeth so properly unto the same intire societies , that for any prince or potentate , of what kind soever upon earth , to exercise the same of himself , and not by express commission immediately and personally received from god , or else by authority derived at first from their consent , upon whose persons they impose laws , it is no better than meer tyranny . laws they are not therefore , which publick approbation hath not made so . hooker 's eccl. pol. l. . § . . whosoever ( says aristotle ) is governed by a man without a law , is governed by a man , and by a beast . as every man , in the delivery of the gift of his own goods , may impose what covenant or condition he pleases ; and every man is moderator and disposer of his own estate . so in the voluntary institution of a king , and royal power , it is lawful for the people , submitting themselves , to prescribe the king and his successors what law they please , so as it be not unreasonable and unjust , and directly against the rights of a supream governour . no man can be born an absolute king ; no man can be a king by himself ; no king can reign without the people . whereas on the contrary , the people may both be , and are by themselves , and are in time before a king. by which it appears that all kings were and are constituted by the people , because , by the law of nature , there is no superiority one above another ; and god has no where commanded the world , or any part thereof , to be governed by this or that form , or by this or that person ; therefore all superiority and authority must , and does proceed from the people , since , by the law of god and nature , there is no superiority one above another . aristotle saith , that the whole kingdom , city , or family , is more excellent , and to be preferred before any part or member thereof . succession was tolerated ( and appointed in the world ) to avoid competition , and inter-regnum , and other inconveniences of election . 't is plain , from what hath been said , that all government proceeds from the people . now i will prove that they have authority to put back the next inheritors to government , when unfit or uncapable to govern : and also to dispossess them that are in lawful possession , if they fulfil not the laws and conditions by which , and for which their dignities were given them ; and when it is done upon just and urgent causes , and by publick authority of the whole body , the justice thereof is plain ; as when the prince shall endeavour to establish idolatry , contrary to the laws of the land ; or any religion which is repugnant to the scripture , as popery , &c. or to destroy the people , or make them slaves to his tyrannical will and pleasure : for as the whole body is of more authority than the head , and may cure it when out of order ; so may the weal-publick cure or purge their heads , when they are pernitious or destructive to the body politick ; seeing that a body civil may have divers heads by succession or election , and cannot be bound to one , as a body natural is : which body natural , if it had ability to cut off its aking or sickly head , and take another , i doubt not but it would do it , and that all men would confess it had authority sufficient , and reason so to do , rather than the other parts should perish , or live in pain and continual torment : so may the body politick chuse another head and governour in the room of its destructive one ; which hath been done for many ages , and god hath wonderfully concurred therein ( for the most part ) with such judicial acts of the common-wealth against their evil princes ; not only prospering the same , but by giving them commonly some notable successor in place of the deprived , thereby both to justify the fact , and remedy the fault of him that went before . first , king saul was slain by the philistines by god's appointment , for not fulsilling the law and limits prescribed unto him . ammon was lawful king also , yet was he slain , for that he walked not in the way prescribed him by god , king. . and david and jesiah were made kings in their rooms , who were two most excellent princes . shal●m , pekahiah , and pekah , three wicked and idolatrous kings of israel , were , by god's just judgment , slain one after another . and all the kings of israel , who violated the covenant and conditions annexed to their crowns , did , for the most part , lose their lives , and underwent the utter extirpation of their posterities from the crown . rehoboham ( for only ) threatning to oppress the people , was deserted by them , who chose jeroboham his servant in his stead , which was approved on by god. if i should instance all the kings over the children of israel whom god permitted ( and appointed ) to be slain , and those that were carried away captive by the heathens for their unjust government , i should be too copious . but i will leave the hebrews , and give you several examples of the depriving of evil princes of the government , in france , spain , portugal , &c. and last of all in scotland and england ; and of the happiness and prosperity that did attend those kingdoms upon such acts , which can be imputed to nothing but the blessing of almighty god which attended those proceedings ; and by consequence he approved thereof , and does approve of such acts. there has been two great changes made of the royal line in france ; the first from pharamond to the line of pepin , the second from pepin to hugo capet . childerick the third was deprived for his evil government , and pepin was chosen king in his stead , whose posterity reigned for many years after him , and were brave kings , as history doth testify . lewis the third , and charles sirnamed le-gross , were both deprived by the states of france for their ill government , and such who were thought more worthy , appointed in their stead . all french histories do attribute to these great changes that have been made by the people , the prosperity and greatness of their present kingdom . henry the third , before he was king of france , was chosen king of polonia : but for departing thence without leave , and not returning at his day , was deprived by publick act of parliament . if i were to mention all the acts of this nature throughout europe , i should be too tedious , therefore i will mention only some few . in spain , flaveo suintila was deprived for his evil government , together with all his posterity , and sissinando chosen in his room . don pedro , sirnamed the cruel , for his injurious proceedings with his subjects , they resolved to dethrone him ; and to that intent sent for a bastard brother of his , named henry , that lived in france , desiring him to come , with some french men , to assist them in that act , and take the crown upon himself . which he did , by the help of the spaniards , and slew him in fight hand to hand , and so enjoyed the crown , as doth his off-spring to this day . this henry was a most excellent king , as well for his courage in war , as for his other brave qualities . in portugal , don sanco the second , was deprived , by the universal consent of all portugal , and don alanso his brother set up : who , amongst other great exploits , was the first that set portugal free from all subjection , dependance , and homage to the kingdom of castile . and his son , who was his successor , builded and founded above forty great towns in portugal : who was likewise a most rare prince , and his off-spring ruleth there to this day . cisternus , king of denmark , for his intolerable cruelty , was deprived , and his wife and three children disinherited , and his uncle frederick was chosen king in his stead , whose off-spring remaineth in the crown . in scotland , the nobility and gentry , &c. took arms against durstus their king , for his intolerable cruelty , and slew him and his confederates in battel , ( and put by his sons , lest they should imitate their father's vices ) and elected even , his brother , king ; who leaving a bastard son , the kingdom was conferred on him . crathy cinthus having surprized and slain donald for his tyranny , he was unanimously elected king. ethus was , for his evil government , deprived , and gregory made king in his stead . buchanan , a scots-man , speaking of his country , saith , that it was free from the beginning , created it self kings upon this very law , that the empire being conferred on them by the suffrages of the people ; if the matter required it , they might take it away by the same suffrages . of which law many footsteps have remained even to our age. i will end this narration with examples out of england , ( before and since the conquest ) archigallo , emerian , vortigern , sigibert king of the west-saxons ; beornred , and alured king of northumberland , were all deprived of their thrones for their evil government , and such who were thought more worthy preferred in their stead . king edwin being deprived for his unjust government , the crown was given to his brother edgar , who was one of the rarest princes that the world had in his time , both for peace and war , iustice , piety , and valour : he kept a navy ( saith stow ) of three thousand and six hundred ships , distributed in divers parts for defence of the realm , and he built and restored forty seven monasteries at his own charge , &c. the crown of england hath been altered by the community , and settled upon those from whom they expected more justice than from the right heirs ; witness the electing and crowning of edelwald and casebelian ; egbert not next in blood , edward , adalston , and harold , who were all illegitimate ; and edred , against the right of his two nephews , canutus a foreigner , and hardiknute , without title , and edward the confessor , against the right heirs . after the conquest , anno. . robert the elder brother was put aside , and william rufus , the third son of william the conqueror , was elected : after whose death , henry the first , his younger brother ( though not next heir ) was chosen by the people , not summoned by writ . after the death of henry the first , stephen was chosen king against the right of mand , the daughter of henry the first . after his death henry the second was admitted king , against the right of his mother maud. after the death of richard the first , king john ( earl of morton ) was elected , and arthur the right heir disinherited . henry the third was chosen against the right of eleanor prince arthur's sister . at the death of henry the third , the states of the kingdom met and setled the government , by appointing officers , and what else was necessary for the defence of the realm , and edward the fourth was set up by the people during the life of henry the sixth . now it is plain , that the kings and queens of england , ever since william rufus's time , have proceeded from those who were set up by the people against the next heirs . king edward the second , richard the second , and richard the third , were , for not governing according to the laws of the land , deprived of the government , and edward the third , and henry the fourth and seventh , were preferred in their rooms , which were most rare and valiant princes , who have done many important acts in this kingdom , and have raised many families to nobility , put down others , changed states both abroad and at home , altered the course of descent in the blood royal , and the like ; which was unjust , and is void at this day , if the changes and deprivations of the former kings were unlawful , and consequently all those princes that have succeeded them ( which yet never failed of a constant lineal descent ) were usurpers ; and those that do pretend to the crown of england at this day , have no title at all , ( which was yet never denied ) for that from those men they descended , who were put in the place of the aforementioned , deprived by the common-wealth : and this is , and hath been the custom and practice of all kingdoms and common-wealths , to deprive their princes for their evil government ; and that god hath , and does concur with the same , is plain from the examples before-mentioned , of the prosperity and happiness that hath attended those acts. the barons , prelates , and commons took a solemn oath , that if king john should refuse to grant and confirm their laws and liberties , they would wage war against him so long , and withdraw themselves from their allegiance to him , until he should confirm to them by a charter , ratified with his seal , all things which they required : and that if the king should afterwards peradventure recede from his oath , as they verily believed he would , by reason of his double-dealing , they would forthwith , by seizing on his castles , compel him to give satisfaction . he afterwards breaking his oath and promise , the barons said , what shall we do with this wicked king ? if we let him thus alone he will destroy us and our people ; it is expedient therefore that he should be expelled the throne , we will not have him any longer to reign over us : and accordingly they sent for lewis the prince of france , to be their king , and swore fealty to him , but they afterwards discovering that he had sworn that he would oppress them , and extirpate all their kindred , they rejected him , and set up henry the third . the bishops of hereford , lincoln , and several earls , barons and knights for each county , being deputed to go to edward ii , and demand a surrender of the crown , said to him , that unless he did of himself renounce his crown and scepter , the people would neither endure him , or any of his children , as their soveraign ; but disclaiming all homage and fealty , would elect some other for king who should not be of the blood ; upon which the king resigned his crown , &c. by the common usage of england , which is the common law of england , kings may be deprived for evil government , and others set up in their stead , is plain from the afore-going examples . richard the first being taken prisoner by the emperor in his return from the holy land , it was decreed , that the fourth part of all that year's rents , and of all the moveables , as well of the clergy as of the laity , and all the woolls of the abbots of the order of cistersians and of semphringham , and all the gold and silver chalices , and treasure of all churches , should be paid in towards the ransom of the king , which was done accordingly . if all this was given for the liberty of one man ; certainly much more ought to be given now , when all our liberties and properties , and even our religion too lies at stake , if necessity required it , which god forbid . by the law of nature , salus populi , the welfare of the people , is both the supream and first law in government , and the scope and end of all other laws , and of government it self ; because the safety of the body politick is ever to be preferred before any one person whatsoever . no human law is binding which is contrary to the scripture , or the general laws of nature . religion doth not overthrow nature , whose chiefest principle is to preserve her self ; and god doth not countenance sin in the greatest , but rewards the punisher , witness jehu , &c. the end for which men enter into society , is not barely to live , but to live happily , answerable to the excellency of their kind , which happiness is not to be had out of society . all common-wealths are in a state of nature one with another . as magistrates were designed for a general good ; so the obligation to them must be understood so , as to be still in subordination to the main end ; for the reason of all law and government is the publick good. government being for the benefit of the governed , and not for the sole advantage of the governours , but only for theirs with the rest , as they make a part of that politick body , each of whose parts and members are taken care of , and directed in their peculiar function for the good of the whole , by the laws of the society . the end of government being the preservation of all as much as may be , even the guilty are to be spared where it can prove no prejudice to the innocent . the publick power of all society is above every soul contained in the same society ; and the principal use of that power is to give laws unto all that are under it , which laws in such cases we must obey , unless there be reason shewed which may necessarily inforce that the law of reason or of god doth injoyn the contrary . hooker eccl. pol. l. . §. . t. cicero saith , there is one nature of all men ; that even nature it self prescribes this , that a man ought to take care of a man who ever he be , even for this very cause , that he is a man. if otherwise , all human consociation must necessarily be dissolved ; therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it can be done , be advanced . that all magistates and governours do proceed from the people , is plain from the following examples in scripture ; deut. . , . the children of israel are commanded to make judges and officers throughout their tribes . deut. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me : thou shalt in any wise set him king over thee , whom the lord thy god shall choose : one from among thy brethren shalt thou set over thee ; thou mayst not set a stranger over thee . so god did only reserve to himself the nomination of their king ; by which he designed to make his people more happy than they could expect by their own peculiar choice ; he knowing the heart of man , and corruption of his nature , would be sure to nominate such who was most fit to govern his people . god did not require the jews to accept of him for king whom he should chuse , but left it to their own free will , whether they would accept him or no , is plain from the following examples . upon the death of saul , david was set up by the appointment of almighty god , yet there was only the tribe of judah that followed david and made him king , eleven tribes following ishbosheth , saul's son , whom they made king ; and though david had a long war against the house of saul , yet he calls them not rebels , neither do we find that god punished them , or sent any judgment upon them for not accepting of david as king ; and when rechab and banah had slain ishbosheth , and brought his head to david at hebron , saying , behold the head of thine enemy ! yet david , instead of rewarding them , caused them to be slain for killing of ishbosheth , whom he calls a righteous person , not a rebel : after whose death all those tribes came to david , and made a compact with him for the performance of such conditions which they thought necessary for the securing of their liberty before they made him king : sam. chap. , , , . the making of solomon king by david his father , was not thought sufficient without the peoples consent , else why did the people anoint solomon , and make him king the second time . we read , judg. . , , . that after gideon had slain zebah and zalmunna with the midianites , the children of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also ; for thou hast delivered us from the hand of midian . but he refusing their offer , they afterwards made his bastard-son abimelech king , though he had threefoore and ten lawfully-begotten sons . zimri having slain baasha king of israel , reigned in his stead , but the children of israel hearing thereof , rejected him , and made omri the captain of the host king of israel , kings . , . the kingdom of edom appointed a deputy to rule over them instead of a king , and gave him royal authority , there being then no king in edom , kings . . see macchab. . , , . & . , . & . to . by which it is further apparent that their kings and governours were chosen by the people . as propinquity of blood is a great preheminence towards the attaining of any crown , yet it doth not bind the common-wealth to yield thereto , and to admit at hap-hazard every one that is next by succession of blood , ( as was falsly affirmed by r. l'estrange and many others , when the parliament would have disinherited the duke of york as unfit to govern this nation , he being a papist ) if weighty reasons require the contrary , because she is bound to consider well and maturely the person that is to enter , whether he be like to perform his duty and charge to be committed to him : for to admit him that is an enemy or unfit to govern , is to consent to the destroying of the common-wealth . see how god dealt in this point with the children of israel , sam. . after he had granted to them the same government as the other nations round about them had , whose kings did ordinarily reign by succession as ours do at this day , and as most of the kings of the jews did afterwards : yet that this law of succeeding by proximity of birth , though for the most part it should prevail , yet he shewed plainly that upon just causes it might be altered , as in the case of saul , who left behind him many children , yet not any of them succeeded him , except ishbosheth , who was not his eldest son , who was anointed king by abner the general captain of that nation , to whom eleven tribes followed , until he was slain ; and then they chose david . and jonathan , saul's other son , so much praised in holy scripture , being slain in war , his son mephibosheth did not succeed in the crown , though by succession he had much greater right to it than david . god promised david that his seed should reign ( for ever ) after him — yet we do not find this performed to any of his elder sons , nor to any of their offspring , but only to solomon his younger and tenth son. rehoboam , the lawful son and heir of king solomon , coming to shichem , where all the people of israel were assembled together for his coronation and admission to the crown , ( for until that time he was not accounted true king ) who refusing to ease them of some heavy impositions which they had received from his father , ten tribes of the twelve refuse to admit him their king , and chose jeroboam his servant , and made him their lawful king , and god allowed thereof ; for when rehoboam had prepared an hundred and fourscore thousand chosen men , who were warriours , to reduce those ten tribes to the obedience of their natural prince , god commanded them to desist by his prophet shemaiah , and so they did . these and the like determinations of the people about admitting or refusing of princes to reign or not to reign over them , when their designments are to good ends , and for just causes , are allowed by god , and oftentimes are his own special drifts and dispositions , though they seem to come from man. he who is set up or made king by the consent of the people , hath a just title against the next heir of the blood and his issue , who are put by the crown ; else most of the princes now reigning in europe would be usurpers , and want good titles to their crowns , they or their ancestors being set up by the people , which were not the right heirs of the royal stock . the laws of the commonwealth is the very soul of a politick body . kings and emperors always have been , are , and ought to be subject to the laws of their kingdoms ; not above them , to violate , break or alter them at their pleasures , they being obliged by their coronation-oaths , in all ages and kingdoms , inviolably to observe them : for st. paul saith , a prince is the minister of god for the peoples good , and tribute and custom are paid to him , that he may continually attend thereto . the defence and procuration of the common-wealth is to be managed to the benefit of those who are committed , not of those to whom it is committed . a just governour for the benefit of the people , is more careful of the publick good and welfare , than of his own private advantage . allegiance is nothing but obedience according to law , which when the prince violates , he has no right to obedience . there is a mutual obligation between the king and people , which whether it be only civil or natural , tacit , or in express words , can be taken away by no agreements , violated by no law , rescinded by no force . a kingdom is nothing else but the mutual stipulation between the people and their kings . the supream authority of a nation belongs to those who have the legislative authority reserved to them ; but not to those who have only the executive , which is plainly a trust when it is separated from the legislative power ; and all trusts by their nature import , that those to whom they are given are accountable , though no such condition is specified . if the subject may in no case resist , then there can be no law , but the will and pleasure of the prince : for whoever must be opposed in nothing , may do every thing ; then all our laws signify no more than so many cyphers : and what are the law-makers but so many fools or mad-men , who give themselves trouble to no purpose ? for if the king is not obliged to govern by those laws that they make , to what purpose are the people to obey such laws ? whether another has right to my goods , or , if he demand them , i have no right to keep them , is all one . if the king sue me by pretence of law , and endeavour to take away my money , my house or my land , i may defend them by the law ; but if he comes armed to take away my liberty , life and religion , which are mine by the laws of god and man , may i not secure them with a good conscience ? every man has a right to preserve himself , his rights and priviledges , against him who has no authority to invade them : and this was the case of moses , who seeing an egyptian smiting an hebrew he slew him . and samson made war upon the philistines for burning his wife and her father , who were both but private persons , who knew they could have no other kind of justice against them , but what the law of nature gives every man. we ought ( saith the learned junius brutus in his discourse of government ) to consider that all princes are born men. we cannot therefore expect to have only perfect princes , but rather we ought to think it well with us if we have gained but indifferent ones : therefore the prince shall not presently be a tyrant if he keep not measure in some things , if now and then he obey not reason , if he more slowly seek the publick good , if he be less diligent in administring justice . for seeing a man is not set over men as if he were some god , as he is over , beasts , but as he is a man born in the same condition with them : as that prince shall be proud , who will abuse men like beasts ; so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall wilfully subvert the republick ; if he shall wilfully pervert the laws ; if he shall have no care of his faith , none of his promises , none of justice , none of piety ; if himself become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be judged a tyrant , that is , an enemy of god and men : and by how much longer he is tolerated , the more intolerable he becomes , and they may act against him whatever they may use against a tyrant either by law or just force . tyranny is not only a crime , but the head , and , as it were , the heap of all crimes ; therefore is he so much the more wicked than any thief , murtherer , or sacrilegious person , by how much it is more grievous to offend many and all , than particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer pains of death , can any invent a punishment worthy so horrid a crime ? the laws are the nerves and sinews of society ; and as the magistrate is above the people , so is the law above the magistrate , or else there can be no civil society . he who makes himself above all law , is no member of a common-wealth , but a meer tyrant . if a magistrate , notwithstanding all laws made for the well-governing a community , will act plainly destructive to that community , they are discharged either from active or passive obedience , and indispensibly obliged by the law of nature to resistance . is it not reasonable and just i should have a right to destroy him who threatens me with destruction ? for by the fundamental law of nature , man being to be preserved as much as possible , when all cannot be preserved , the safety of the innocent is to be preferred ; i say , he who having renounced his reason , the common rule and measure god hath given to mankind , by endeavouring to destroy me , is thereby become as a beast of prey , and ought to be treated accordingly . the laws ( says tully ) are above the magistrates , as the magistrates are above the people . he who is destructive to the being of another , hath quitted the reason which god hath given to be the rule betwixt man and man of justice and equity , hath put himself into the state of war with the other , and is as noxious as any savage beast that seeks his destruction . no man in civil society can be exempted from the laws of it : for if there be no appeal on earth , for redress or security against any mischief the prince may do , then every man in that society is in a state of nature with him , in respect of him . thucidides l. . saith , not only those are tyrants who reduce other into servitude , but much rather those , who when they may repulse that violence , take no care to do it ; but especially those who will be called the defenders of greece and the common country , but yet help not their oppressed country . if a man may be a wolf to a man , nothing forbids but that a man may be a god to a man , as it is in the proverb . therefore antiquity hath enrolled hercules amongst the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , the pests of mankind , and monstets of the world. so also the roman empire , as long as it stood free , was often called the patrocine against the robberies of tyrants , because the senate was the haven and refuge of kings , people and nations . it is as lawful , and more reasonable , to prevent the overthrowing of our religion , laws , rights and priviledges , fro● any man or men whatsoever amongst our selves , as from a foreign power ; because one acts contrary to the laws of god and the country , and the other being not subject to the laws of the country , can be no ways bound by it . it was thought no injustice in the ship to call out the prophet , when they found he was likely to prove the wrack of them all ; and the almighty shewed he approved of their act , by quieting the storm when he was gone . the scripture , that hath set us none but good example , tells us , that some princes should not have one of their race left that pisseth against the wall : now what were their faults but idolatry and oppression of their people ? then how can it be a sin in a nation to free themselves from an idolatrous and oppressing king ? when it is done by the greatest and most considerable part thereof , it does silently imply a consent of god ; for it cannot be covetousness or ambition that moves such a multitude . when once the christian religion is become a part of the subjects property by the laws and constitutions of the country , then it is to be considered as one of their principal rights : and so may be defended as well as any other civil right ; since that those different forms of government that the jews were under , is no rule for the government of any nation or people whatsoever . the principles of natural religion give those who are in authority , no power at all , but only secure them in the possession of that which is theirs by the laws of the country . that cause is just which defends the laws , which protects the common good , which shall preserve the realm : and that cause is unjust which violates the laws , defends the breakers of the laws , protects the subverters of the country . that is just which will destroy tyrannical government ; that unj●st which would abolish just government ; that lawful which tends to the publick good , that unlawful which tends to the private . but alas , that bug-bear dagon of passive obedience , is a notion crept into the world , and most zealously , and perhaps as ignorantly defended : here all our laws and decrees , by which we are governed , are of the peoples choice ; first made by the subject , and then confirmed by the king. here a king cannot take our sons and daughters , our fields and vineyards away , unless we please to give him them . where was the doctrine of passive obedience , when elisha prayed for blindness to come upon those who were sent by the king of syria to fetch him ? and when he commanded the door to be shut , and the messenger to be held fast who was sent for his head by the king of israel ? and when azariah , with fourscore valiant priests , thrust out uzziah , their lawful king , out of the temple ? and when elijah destroyed the two captains with fire from heaven , with the hundred men under their command , who were sent at twice , by king ahaziah , to fetch him ? and when the children of israel slew amasiah , their lawful king , for his idolatry , without any appointment in scripture , or prophecy of his downfal ? and yet that is no where called rebellion , neither were they punished by his son , whom they had made king in his father's stead . and when mattathias slew the king's commissioner , for compelling men to idolatry ? and when mattathias and his friends pulled down the altars which were adapted to idols , macc. . , . where was the doctrine of passive obedience when the edomites revolted from jehoram , and made themselves a king ? and libnah did also revolt , because of his evil government , chron. . without any appointment , or foretelling of their revolt by god in scripture , or being call●d rebels . and when saul's subjects swore that saul should not kill jonathan ; and they reseued him that he died not ? sam. . . and when david ( though a private man ) armed himself with six hundred men , no doubt but he designed to have fought saul and his army , if the men of keliah would have assisted him , and have been true to him ; when he enquired of the lord , whether the men of keliah would deliver him and his men into the hands of saul ? upon the lord 's answering , they would deliver them up , he and his men departed the city , sam. . can any man imagine their meaning was to run up and down the country together , and fly before saul and his army , if they had been able to cope with any number he could bring or send against them ? if resistance was unlawful , and a sin , surely david , a man after god's own heart , would have known it ; and then he would not have involved the six hundred men that came to his assistance in the sin of rebellion , but have told them , that the prince was not to be resisted , though never so great a tyrant . where was the doctrine of passive obedience , when constantine the great aided the oppressed christians and romans , against the tyranny and persecution of the emperors , maxentius and maximinius , with force of arms , with which he conquered those persecutors in several battels , fought against them at the christians earnest importunity ? and when the primitive christians resisted lucinius their emperor , for persecuting them contrary to law ; and constantine the great joined with them , who held it his duty , saith eusebius , to deliver an infinite multitude of men , by cutting off a few wicked ones , as the pests and plagues of the time. and when the primitive christians of constantinople opposed asper's being made emperor ; but leo being named , they consented thereto . and when the christians , under the king of persia , resisted him for persecuting them , and was assisted by theodosius the roman emperor , who told the king of persia , he was ready to defend them , and no ways to see them suffer for religion ? and when the christians of armenia the greater , made a league with the romans for the securing of their persons and their religion , against the persians under whom they lived ? and when the novatians , assisted by the orthodox , resisted and beat the macedonians , though they were assisted by constantius the emperor , with four thousand men to drive them from paplelagonia ? and when the primitive christians destroyed julian's idolatrous temple in his reign ? where was the doctrine of passive obedience , when the lutheran churches defended themselves against the emperor charles the fifth ? and when the protestants of austria took up arms , anno , against matthias king of hungaria , for denying them the free exercise of their religion ? and when queen elizabeth assisted the hollanders against their lawful soveraign ? and when she assisted the protestants of france , against their lawful soveraigns charles the ninth , and henry the third ? and when king charles the first , and the bishops and clergy of england assisted the protestants of france ? and when the protestant princes of germany invited gustavus adolphus , king of sweeden , to come into germany to assist the protestants against their lawful prince for persecuting them ? and when the protestants joined with him upon his arrival ? and when king charles the first assisted them with men from england ? so that , according to this christian doctrine of passive obedience , queen elizabeth , and king charles the first , with the bishops and clergy of england , and several other princes and states , have been guilty of st. paul's damnation ; for they that are a ding and assisting to rebels , are as guilty as those that are actually in it . lucifer calaritanus , a famous christian , wrote a book against constantius the emperor , which he sent him to read ; wherein he calls him , and his idolatrous bishops , blasphemers ; and charges him with inviting the christians to idolatry , and tells him , he ought to be put to death for so doing , by the command of god , in deut. . where god says , that he that ( but ) intices secretly to idolatry , shall be put to death . and this was approved on by the great bishop athanasius , and those christians that were with him , who calls it , the light of truth , the doctrine of the true faith : how came you ( says he to calaritanus ) to understand the sense and meaning of the scripture so perfectly , if the holy ghost had not assisted you in it ? now i would sain know , whether he that is aiding and assisting towards the bringing in of idolatry , ( as the popish religion is ) is not as worthy of death , as he that only inticeth to idolatry ? and this is the case of many who call themselves of the church of england , who are for the restoration of king james , and by consequence of idolatry . surely if god had commanded the yoke of subjection to the tyrannical will of princes , 't is strange that neither the prophets , elisha and elijah , nor azariah , nor david with his followers , nor the jews under their kings , nor the primitive christians after their religion was established by laws , nor any of the reformed churches , should not have known this doctrine of passive obedience . in the barons wars , under simon of monfort , the king and his sons were taken prisoners ; but the prince escaping , fights simon and kills him : the historians of those times calls him not a rebel or a traytor , but a martyr for the liberties of church and state. if resistance be unlawful upon any account whatsoever , then were all those people guilty of rebellion , who in all ages have resisted or turned out their evil and destructive kings and governours ; and then the jews were guilty of this sin , for slaying and turning out several of their kings , without any appointment from god in scripture . so likewise the primitive christians did involve themselves under the guilt of st. paul's damnation , for resisting of their kings and emperors ; and likewise the christians in all ages since , who have resisted their princes by turning them out , &c. and then bishop athanasius , ( author of our creed ) and those christians with him , did also come under the guilt of st. paul's damnation , for approving of calaritanus's book , which , according to the doctrine of passive obedience , was a treasonable and rebellious book ; for the incendiaries to rebellion , are as guilty as they that are actually in it . and then all those princes that have been set up by the people , in the room of those whom they have turned out , ( for their evil government ) were usurpers ; and consequently all those who have succeeded them , where the descent of the blood is altered , are intruders , usurpers , and no lawful kings . were the doctrine of passive obedience , without reserve , a true doctrine , no doubt but we should have had a better account thereof than from a few court-divines , who have most learnedly interpreted the will and pleasure of the prince against the laws of nature , or of the country , to be the powers which st. paul requires obedience unto , under the pain of damnation . so by consequence the law ceaseth to be the powers ; then we are in a worse condition than in the state of nature . with what face can any man assert that passive obedience , without reserve , is the doctrine of the gospel ? which is charging god with as palpable a contradiction as any two things can be , it being diametrically opposite to the law of self-preservation , which is the law of nature , and the decree of the almighty , which law is sacred , and not to be infringed by any man. god never commanded any thing contrary to the law of nature , unless it were in the case of abraham in commanding of him ( as a tryal of his faith ) to offer up his son isaac . protection is the only cause of allegiance and obedience , is plain , from the example of david and his six hundred men , who were protected from saul and his army , by achish king of the philistines , who gave them ziklag to live in , and david and his men fought for the philistines against the geshurites , gezrites and the amalekites . and subdued them . david owed no allegiance to saul , who sought his destruction , is plain ; for when achish told david that he and his men should go with him to fight against the children of israel ; david offered his service , and said to achish , surely thou shalt know what thy servant can do . then achish said unto david , therefore i will make thee keeper of my head for ever . so david and his men went in the rear of the army ; and when the lords of the philistines would not let david and his men fight for them , lest they should betray them into the hands of saul and his army , then david expostulated with achish , and said , what have i done ? and what hast thou found in thy servant , so long as i have been with thee unto this day , that i may not go fight against the enemies of my lord the king ? sam. chap. , , . this is a plain case , that david intended to fight saul and his army . now the intention of the mind is as bad as the act ; and yet it is no ways said , that david repented thereof , or of his arming the six hundred men ( before mentioned ) with design to sight his lawful soveraign king saul . the primitive christians took protection to be the only cause of allegiance : for when julian the apostate was chosen emperor of the romans , ( not by the free consent of the people , but ) by the souldiers , during the life of constantius the lawful possessor of the throne . the christians did not reckon themselves obliged to fight for constantius against julian ; for they troubled not their heads with the rights of princes . agustus , tho he had violently usurped the throne , yet he was confirmed in it by the people and senate of rome , who established it in his family by a long prescription , when st. paul's and st. peter's epistles were wrote , of obedience to the laws to kings and magistrates : so that we see that obedience was required to an usurper under the pain of damnation , when the government was confirmed to him by the people , that is , by the majority , for it cannot be thought that every body consented thereto . apolonius thyanaeus , writing to the emperor domitian , saith , these things have i spoken concerning laws ; which if thou shalt not think to reign over thee , then thy self shalt not reign . in matrimony , which is the nearest and strictest obligation of all others , by which those who were two , are made one flesh , if one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief conditions of marriage , &c. cor. . . and shall not the people be much more absolved from their allegiance to that king who has violated his oath , and the laws of the land , the very cause for which they swear allegiance to him ? absolute monarchy is inconsistent with civil society ; and therefore can be no form of civil government , which is to remedy the inconveniencies of the state of nature . no man , or society of men , have power to deliver up their preservation , or the means of it , to the absolute will of any man ; and they will have always a right to preserve what they have not power to part with . no power can exempt princes from the obligation , to the eternal laws of god and nature . as no body can transfer to another more power than he has in himself , and no body has an absolute arbitrary power over himself , or over any other , to destroy his own life , or take away the life and property of another ; therefore a man cannot give such authority to any , or subject himself to the arbitrary power of another : for the law of nature is an eternal rule to all men , whose actions must be conformable to that law , which is the will of god. for the fundamental law of nature being the preservation of mankind , no human law can be good or valid against it ; and much less the will and pleasure of a prince against the law and custom of the country , which shall be prejudicial to the subject . as the happiness and prosperity of kingdoms depend upon the conservation of their laws ; if the laws depend upon the lust of one man , would not the kingdom fall to ruin in a short space ? but the laws are better and greater than kings , who are bound to obey them . then is it not better to obey the laws , rather than the king ? who can obey the king violating the law ? who will or can refuse to give aid to the law when infringed ? it is impossible any body in a society should have a right to do the community harm . all kings and princes are , and ought to be bound by the laws , and are not exempted from them , and this doctrine ought to be inculcated into the minds of princes from their infancy . let the prince be either from god , or from men , yet to think that the world was created by god , and in it men , that they should serve only for the benefit and use of princes , is an absurdity as gross as can be spoken ; since god hath made us free and equal : but princes were ordained only for the peoples benefit , that so they might innocently preserve human and civil society with greater facility , helping one the other with mutual benefits . in all disputes between power and liberty , power must always be proved , but liberty proves it self ; the one being founded upon positive law , the other upon the law of nature . with what ignorance do some assert , that adam was an absolute monarch , and that paternal authority is an absolute authority ? for that the father of a family governs by no other law than by his own will , and the father is not to be resisted by his child ? and that adam had a monarchical , absolute , supream , patornal power ? and that all kingly authority is a fatherly authority , and therefore irresistable ? and that no laws can bind the king , or annul this authority ? how could adam be an absolute monarch , when god gave him the herbs but in common with the beasts ? gen. . , . can it be thought that god gave him an absolute authority of life and death over man , who had not authority to kill any beast to satisfy his hunger ? certainly he had no absolute dominion over even the brutal part of the creatures ( much less over man ) who could not make that use of them as was permitted to noah and his sons , gen. . . where god says , every moving thing that liveth shall be meat for you ; even , as the green herbs , have i given you all things . is it not as reasonable to believe , that god would have cursed adam if he had killed his son abel , as cain for killing him ? cain was very sensible every one had , by the law of nature , a right to kill him for being guilty of blood , when he said , every one that found him should slay him , gen. . . god made no exemption to the greatest man living who should be guilty of innocent blood , when he said , he that sheddeth mans blood , by man shall his blood be shed , gen. . . neither noah or his sons were exempted from this great law ; and therefore could have no absolute authority : since god has no where given any man such authority , there can be no such authority ; for the community cannot make themselves slaves by investing such an authority in any man : should they do it , it is not binding , it being against the law of nature . if noah was heir to adam ( i ask ) which of noah's sons was heir to him ? for if by right it descended to all his sons , then it must have descended to all their sons , and so on ; if so , then are all men become equal and independent , as being the off-spring of adam and noah : if it descended only to the eldest , and so on , then there can be but one lawful monarch in the world , and who that is , is impossible to be found out ; so that paternal monarchical authority , take it which way you will , it comes to just nothing at all . where human institution gives it not , the first-born has no right at all above his brethren . no man has an absolute authority over the creatures ( much less over mankind ) because they were given ( for the use of all men ) as occasion should serve : should any man or men destroy them for their will and pleasure , beyond what is necessary for the use of man , or for his preservation , it would be a sin , and therefore could be no authority ; for god authorizes no man to commit a sin , tho he often permits it . the law of god and nature gives the father no absolute dominion over the life , liberty or estate of his child , and therefore he can have no absolute authority ; and where there is no absolute authority , there can be no absolute subjection due . there is an eternal obligation on parents to nourish , preserve , and bring up their off-spring , and under these circumstances obedience is due , and not otherwise . what is a father to a child more than another person , when he endeavours to destroy him ? nay , is he not so much the more odious as the act is more barbarous , for a father to endeavour to destroy his own off-spring , than for another person endeavouring it ? certainly in such a case no passive obedience can be due , it tending to his destruction ( not for his good ) which is no fatherly act , and therefore not to be submitted to . he that lets any person whatsoever destroy him , when it is in his power to preserve his life by defending himself , does tacitly consent to his own death , and therefore is guilty of his own blood as well as he that destroys him : whereas by defending himself , there can be but one guilty of blood , ( which is the invader ) in which defence , if he kills the other , his blood lies at his own door : by which it follows , that passive obedience to unjust violence is a sin , but resisting such violence is no sin , but the duty of every man. the first duty that i owe is to god , the second to my self in preserving my self , &c. the third to my parent and soveraign , in obeying them in all things reasonable and lawful . by all the precepts in scripture which require obedience to parents , homage and obedience is as due to the one as to the other ; for 't is nowhere said , children obey your father , and no more ; the mother is mentioned before the father in lev. . . ye shall fear every man his mother , and his father . sure solomon was not ignorant what belonged to him as a king , or a father , when he said , my son , hear the instructions of thy father , and forsake not the law of thy mother : and our saviour says , matth. . . honour thy father and mother . and ephes. . . children , obey your parents , &c. if paternal authority be an absolute authority , i ask , whether it be in the eldest of the family ? if so , whether a grandfather can dispense with his grand-child's paying the honour due to his parents by the fifth commandment ? 't is evident in common sense , the grandfather cannot discharge the grand-child from the obedience due to his parents , neither can a father dispense with his child's obedience due to the laws of the land ; therefore the obedience required to parents in scripture is not to an absolute authority , for there can be no absolute authority where there is an authority above it . with what folly and ignorance do some assert , that the kings of england are absolute , as proceeding from william the conqueror ? to which i answer , that a conqueror has no right of dominion ( much less any absolute authority ) over the wife and children of the conquered , or over those who assisted not against him . conquest may claim such a right as thieves use over those whom they can master , which is a right of tenure , but no tenure of right . conquest may restore a right , forfeiture may lose a right , but 't is consent only that can transact or give a right . there is no other absolute power , than over captives taken in a just war. if the possession of the whole earth was in one person , yet he would have no power over the life or liberty of another , or over that which another gets by his own industry , for propriety in land gives no man authority over another . william the conqueror made a league or compact with the nobles and lords of the land , to the performance of which , he takes an oath to observe the ancient laws of the realm , established by his predecessors the kings of england , and especially of edward the confessor ; as likewise did henry the first , with the emendations his father had made to them . stephen who succeeded henry , made a compact , and promiseth a meloration of their laws according to their minds . william rufus , henry the first , and stephen get the consent of the people by promising to grant them their usual laws , and ancient customs . henry the first , richard the first , king john , and richard the second , oblige themselves at their coronations to grant them , and then the people consented to own them as their king ; and richard the first , and king john were conjured by the arch-bishops not to take upon them the crown , unless they intended to perform their oaths . if any king refused so to do , the nobles thought it their concern to hinder his coronation , till he had either made or promised this engagement . what can be more absurd than to say , that there is an absolute subjection due to a prince , whom the laws of god. nature and the country , have not given such authority ? as if men were made as so many herds of cattel , only for the use , service and pleasure of their princes . but some do object , that the anointing of kings at their coronations makes their persons sacred , unquestionable and irresistable , for any tyrannical or exorbitant actions whatsoever . to which i answer , that every christian's baptism is a sacrament of christ's institution ; a spiritual unction and sanctification which makes a person as sacred , yea more holy than the anointing of kings can or doth of it self , ( that being no sacrament ) a truth which no christian can , without blasphemy , deny : and yet no christian is exempted from resistance , censure , or punishments , according to the nature of his crime ; and therefore the anointing of kings at their coronations cannot do it ; it being a ceremony of the jews , not instituted by christ , or any ways commanded to be continued by the apostles , or their successors ; it signifying only the chusing or preserring one before another , and so became the ceremony of consecrating to any special office , and so was ordinarily used in the enstalling men to offices of any eminency . the reign of a good king resembles that of heaven , over which there is but one god , for he is no less beloved of the vertuous than feared of the bad ; and if human frailty could admit a succession of good kings , there were no comparison , power being ever more glorious in one , than when it is divided . 't is not the title of a king , but the power ( which is the laws ) which is invested in him , which makes the difference betwixt him and other men in the executing of this power : his person is sacred , and not to be resisted , he being above every soul contained in the same society , and therefore cannot be resisted , or deprived of his office by any part , or by the whole community , without the greatest sin of robbery and injustice imaginable . if a government ( say some ) may be disturbed for any unlawful proceedings of the governour , or his ministers , how can any government be safe ? to which i answer , that it is not lawful for every private man to fly into the bosom of his prince , for he is no competent judg , be he of never so great a quality ; else a king was the most miserable man living , lying at the mercy of every desperate fellow's censure . it is impossible for one , or a few oppressed men , to disturb the government , where the body of the people do not think themselves concerned in it , and that the consequences seem not to threaten all ; yea when it does , yet the people are not very forward to disturb the government ; as in king charles the second's time , when the charters were condemned , and seized upon in order to make us slaves , and the laws perverted to the loss of many innocent lives , and many other oppressions too many to insert , and yet no body offered to disturb the government ; i say , till the mischief be grown general , and the designs of the rulers become notorious , then , and then only , will the people be for righting themselves . whosoever , either ruler or subject , by force goes about to invade the rights of either prince or people , and lays the foundation for overturning the constitution and frame of any just government , he is guilty of the greatest crime , i think , a man is capable of , being to answer for all those mischiefs of blood , rapine and desolation , which the breaking to pieces of governments brings on a country ; and he who does it , is justly to be esteemed the common enemy and pest of mankind , and is so to be treated accordingly ; and how far the late king james was guilty of this , i leave the world to judg . finis . the author's advertisement . just as i had finished this book , i received a reply to my former book , which i thought to have answered ; but finding the arguments to be frivolous and weak , and my necessary avocations allowing me but little time , therefore i forbore answering it . advertisements . the doctrine of passive obedience , and jure divino disproved . price d. the letter which was sent to the author of the doctrine of passive obedience and jure divino disproved , &c. answered and refuted . wherein is proved , that monarchy was not originally from god. that kings are not by divine appointment , but that all government proceeds from the people . that the obedience required in scripture , is to the laws of the land , and no otherwise . that resisting of arbitrary power is lawful . that the oath of allegiance to the late king james was dissolved before the prince of orange ( our present king ) landed . that upon the non-performance of an oath on one side , the other becomes void , is plainly prov'd from several examples in scripture . that protection is the only cause of allegiance ; and that obedience or allegiance is due to the present government , is proved from scripture , law and reason : and those texts of scripture which relate to government , or monarchy , are explained . price stitch'd d. both written by the same author , and printed for tho. harrison . the title of kings proved to be jure devino and also that our royall soveraign, king charles the ii, is the right and lawful heir to the crown of england, and that the life of his father, charles the first, was taken away unjustly, contrary to the common law, statute law, and all other lawes of england ; wherein is laid down several proofs both of scripture and law, clearly and plainly discovering that there can be no full and free parliament without a king and house of lords / by w.p., esq. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the title of kings proved to be jure devino and also that our royall soveraign, king charles the ii, is the right and lawful heir to the crown of england, and that the life of his father, charles the first, was taken away unjustly, contrary to the common law, statute law, and all other lawes of england ; wherein is laid down several proofs both of scripture and law, clearly and plainly discovering that there can be no full and free parliament without a king and house of lords / by w.p., esq. prynne, william, - . [ ], p. printed for nehemiah price ..., london : . written by william prynne. cf. halkett & laing ( nd ed.). reproduction of original in university of michigan libraries and university of minnesota library. eng charles -- ii, -- king of england, - . divine right of kings -- early works to . great britain -- history -- charles ii, - . a r (wing p a). civilwar no the title of kings proved to be jvre divino. and also that our royall soveraign, king charles the ii is the right and lawful heir to the cro prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the title of kings proved to be jvre devino . and also that our royall soveraign king charles the ii is the right and lawful heir to the crown of england . and that the life of his father charles the first was taken away unjustly , contrary to the common law , statute law , and all other lawes of england . wherein is laid down several proofs both of scripture and law , clearly and plainly discovering , that there can be no full and free parliament without a king and house of lords . by w. p. esq london , printed for nehemiah price , and are to be sold at the royall exchange in cornhill . . the title of king charles proved by lavv . . pet. . . fear god , honour the king . kings are jure divino , by divine right to be obeyed , and not by violent force of subjects to be resisted , although they act wickedly , prov. . . by me kings reign , dan. . . he removeth kings and setteth up kings , prov. . . a divine sentence is in the lips of the king . prov. . . the kings heart is in the hand of the lord . job . . is it fit to say to a king thou art wicked , and to princes , ye are ungodly , prov. . . fear thou the lord and the king , and meddle not with them that are given to change . eccl. . . i ●oun●el thee to keep the kings commandement , exod. . . thou shalt not speak evil of thy prince , nor detract the magistrate . . pet. . ● . fear god , honour the king . eccles. . . curse not the king , no not in thy thought , sam. . . the lord forbid that i should ●o this thing unto my master the lords anointed , to stretch forth my hand against him , seeing he is the lords anointed . from which premisses none unless those who deny the scripture , can deny these consequences , that the jura , regalia of kings , are holden of heaven , and cannot for any cause escheat to their subjects : that active obedience is to be yielded to the king as supream , in omnibus licitis , in all things lawfull . but if god for the punishment of a nation , should set up a tyrannical king , secundum voluntatem pravam non rationem rectam regentem , governing by his depraved will against reason , and commanding things contrary to the word of god , we must not by force of arms rebel against him ; but rather then so ( if not prevailing by petition unto him , or escaping by flight from him patiently subject to the lost of out lives and estates , and in that case , arma nostra sunt preces nostrae , nec possimus , nec decemus aliter resister , our prayers and tears should fight , and not our swords : for who can lift up his hand against the lord anointed , and be guiltless ? this in scripture we find practiced , by gods people to pharaoh , exod. . . and the same people to nebuchad-nezzar , a tyrant , were commanded to perform obedience , and to pray for him , though there was no wickedness almost which he was not guilty of , his successor darius , daniel obeyed , and said o king live for ever , dan. . . for now no private person hath with ehud , judg. . . extraordinary commandment from god to kill princes , nor no personal warrant from god , as all such persons had who attempted any thing against the life even of tyrants , nil sine prudenti fecit ratione vetustas . . the king hath his title to the crown , and to his kingly office and power , and by way of trust from the people , but by inherent birth-right , immediately from god , nature and the law , . reg. ja. . li. . . calvins case . . the law of royal goverment , is a law fundamental , . pars just . fo. . . the kings prerogative and the subjects liberty are determined , and bounded by the law : bracton , fo. . plowden , fo. . , . by law no subjects can call their king in question , to answer for his actions , be they good or bad , bracton , fo. . . if any one hath cause of action against the king ( because there is no writ runeth against him ) his onely remedy is by supplication and petition to the king , that ye would vouchsafe to correct and amend thatwhich he hath done , which if he refuse to do , onely god is to revenge and punish him , which is punishment enough , no man ought to presume to dispute the kings actions , much lesse to rebell against him . . the king hath no superiour but the almighty god ; all his people are inferriour to him , he inferriour to none but god . . the king is caput reipublicae , the head of the common-wealth immediately under god . finch . . and therefore carrying gods stamp and mark among men , and being as one may say a god upon earth , as god is a king in heaven , in a similitudinary sort given him . ( bracton , fo. . cum fit dei vicarius , evidenter apparet ad similitudinem jesu christi , cujus vicesgeret in terris ) that is to say — . divine perfection : . infinitness . . majesty . . soveraignty and power . . perpetuity . . justice . . truth . . omniscience . . divine perfection in the king no imperfect thing can be thought , no folly , negligence , infamy , stain or corruption of blood can be adjudged in him ; so nullam tempus occurit reg●● . . infinitnesse , the king in a manner is every where , and present in all coutts , and therefore it is that he cannot be non-suit , and that all acts of parliament that concern the king are general ; and the court must take notice without pleading them , for he is in all , and all have their part in him . fitz. urb. . h. . br. tit. non-suit . . . majesty , the king cannot take nor part from any thing , but by matter of record , and that is in respect of his majesty , unlesse chattle or the like ; because , deminimis non curaet , lex , . ed. . . . e. . . h. . . . soveraignty and power , all the land is holden of the king , no action lyeth against him , for who can command the king , he may compel his subjects to go out of the realm to war , hath absolute power over all ; for by a clause of non obstante , he may dispense with a satute , though the statute say , such dispensation shall be meerly void , . e. . . ● . . calvins case . bracton ; rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea que sunt jurisdictionis , & pa●is ad nullam pertinent nisi ad regiam dignitatem , habet etiam certionem , ut delinquentes paniat & ●●●●●at ; and therefore ought to have the militia . . perpetulty , the king hath aperpetual succession , and never dieth ; for in law it is called the demise of the king , and there is no inter-regnum , a gift to the king goeth to his successors , though not named , for he is a corporation of himself , and hath two capacities ; ( to wit ) a natural body , in which he may inherit to any of his ancestors , or purchase lands to him , and the holes of his body , which he shall r●tain , although he be afterwards removed from his royal estate ; and a body politick , in which he may purchase to him and his heirs kings of england , or to him and his successors , yet both bodies make but one individual body . plomden . . . li. . . . justice , the king can do no wrong , therefore cannot be a disseisor , he is all justice , veritas & justitia , saith bracton , circasolium ejus , they are the two supporters that do hold up his crown , he is medicus regni , pater patria , sponsus regni qui per annulum is espoused to his realm at his coronation , he is gods lieutenant , and is not able to do an unjust thing . . e. . . potentia injuria est impotentia natura , his ministers may offend , and therefore to be punished if the laws are violated , but not he . . truth the king shall never be stopped , judgement finall in a writ of right shall not conclude him . . e. . . . e. . fitz. droit . . . omniscience , when the king licenceth expresly to aliente an abbot , &c. which is in mortmain , he needs not make any non abstante of the statutes of mortmain , for it is apparant to be of the law , and therefore shall not be intended misco●●sant of the law , for praesumitur rex habere omnia jura inscrinio pectoris sui . . just . . and therefore ought to have a negative voice in parliament , for he is the fountain of justice from whence the law sloweth . high treason can be committed against none , but the king , neither is any thing high treason , but what is declared so to be by the statute . . ed. . c. . to leavy war against the king , to compasse or imagine his death , or the death of his queen , or of his eldest son , to counterfeit his mony , or his great seal , to imprison the king untill he agree to certain demands , to leavy war to alter religion , or the law , to remove counsellours by arms , or the king from his counsellours , be they evil or good by arms , to seize the kings forts , ports , magazine of war , to depose the king , or to adhere to any state within or without the kingdom , but the kings majesty , is high treason , for which the offender have judgement . first , to be drawn to the gallows . secondly , there to be hanged by the neck , and cut down alive . thirdly , his intrals to be taken out of his belly , and he being alive to be burnt before him . fourthly , that his head should be cut off . fifthly , that his body should be cut in four parts . sixthly , that his head and his quarters should be put where the king the lord pleaseth . post-script . reader , take notice that in many places of this brief collection of the lawes of england , touching the power of kings , and their just prerogative , by the word parliament is meant the rump , who have unjustly taken to themselves the name of parliament contrary to the known lawes of the land , for there can be no full and free parliament without a king and house of lords . finis . children of beliall, or, the rebells wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie? ii. whether the king be singulis major, but universis minor? iii. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the king? t. s. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) children of beliall, or, the rebells wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie? ii. whether the king be singulis major, but universis minor? iii. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the king? t. s. scott, thomas, ?- . swadlin, thomas, - . [ ], p. s.n.], [london? : . "to his honoured friends" signed: t.s. variously attributed to thomas scott and thomas swadlin. cf. wing; nuc pre- . place of publication from wing. reproduction of original in huntington library. marginal notes. eng divine right of kings. monarchy. great britain -- politics and government -- - . a r (wing s ). civilwar no children of beliall, or, the rebells. wherein these three questions are discussed: i. whether god or the people be the author and efficient swadlin, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion children of beliall , or , the rebells . wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie ? ii. whether the king be singulis major , but universis minor ? iii. whether it be lawfull for subjects to beare armes , or to contribute for the maintenance of a warre against the king ? mat. . . hee that is not with me , is against me , &c. printed in the yeere , . to his honovred friends , sr. g. c. and his vertuous ladie , a. sir , madam , you have beene informed of my loyalty , and beleeve it ; i have felt your charity , and acknowledge it : that the world may say , i dyed a loyall subject , and a thankefull servant , i have left these lines as a testimony of both , from him that was while he lived , sir , madam , your beads-man , t. s. some few faults have escaped , which the reader is intreated thus to correct . pag. . line . read sine . ibid. l. . r. distinction . p. . ult. r. ipse . p. . l. . r. regali . p. . marg. pars for ps. sam. . . the children of belial said , how shall this man save us ? and they despised him , and brought him no presents . this latter , and therefore this wicked age , hath broached three seditious questions : the questions were heretofore brewed by bellarmine and his fellow jesuites , by buchanan and his fellow schismaticks : and this age , this jesuiticall , schismaticall age hath practically broached , what they but speculatively brewed . viz. . whether god or the people bee the author and efficient of monarchy ? . whether the king be onely singulis major , but universis minor . . whether it be lawfull for subjects to beare armes , or to contribute for the maintenance of a warre against the king ? and this age , this wicked age , resolves these questions just to the peoples humour ; and saith , . the people are the author of monarchie : . the people represented , are greater then the king . . it is lawfull to contribute for the maintenance of a war , or to beare armes against the king . but to make good that old adagie , quod vulgo placet , sapienti displicet , the prophet samuel , in this chapter , in this verse , resolves cleane contrary , and tells us , . that god , and not the people , is the efficient of monarchie : so he saies , v , . see yee him , quem populus elegit ? at no hand ; but quem elêgit deus , see ye him whom the lord hath chosen : the king hath his power , not precario , by the peoples curtesie , but dei gratiâ . . that the king is greater then the people , not only in piece-meale and particulars , but also in grosse , and generall ; so he saies againe ; v. . he , the king , stood amongst the people and was higher then all the people by the shoulder and upwards ; not only in stature , but also in power , and therefore all the people shouted and saied , god save the king . . that contributions to maintaine a war , or to war against the king , are unlawfull , utterly unlawfull , because the king is to be assisted in his wars by the people ; and they are here marked carbone , for children of belial , who brought him no presents : certainely they are ten times more the children of belial , who bring presents against him . indeed this text within its owne verge resolves these three questions . . in the description of rebells ; they are children of belial . . in the expostulation , the saucie expostulation of rebells , how shall this man save us ? . in the condition of rebells , the condition positive , and the condition privative ; positively , they despise the king , and privatively , they bring him no presents . . the result of the whole falls into these particulars . ● . they account the king but as one of themselves , and as one chosen by themselves ; and therefore they saied , how shall this man save us ? and therefore they are called the children of belial : had they looked a little higher , and observed how god chose him out of them , they would then have believed , that god by him would save them ; because god chose him out of them for this very end and purpose , to be the king over them , and protectour of them . . they looked upon themselves aggregation , and in conjunction , and thought themselves in that bulke and collection greater then him ; and therefore they despised him ; and therefore they are called the children of belial : had they looked upon him as the head of that body , whereof themselves were our members , they would have confessed , that neither some of the principall members representatively , nor all the members collectively had been worthy of comparison with him ; and that he , the king , had been greater , not only then any one asunder , but then all together also . . they looked upon their enemies , how strong they were , and upon themselves , how numerous , how copious , and therefore how well able to defend themselves ; and therefore they brought him no presents , and therfore they are called the children of belial ; and therefore not only by symbolical , but also by rationall divinity : it is unlawfull to contribute for the maintenance of a war , or to beare armes against the king . i begin with the first , the description of rebels , in the first words ; the children of belial saied : and first , what is here meant by belial ? why , as christ tacitely tells his disciples there are many kindes of divells , when he saies expressely , this kinde goes not out , but by fasting and prayer ; so the prophet samuel here tells us , that there are divers names of divells , or the devill hath divers names , and this of belial is not the best . v. g. sometimes he is called daemon , for his knowledge ; sometimes satan , for his malice ; sometimes beelzebub , for his filth ; sometimes diabolus , for his traduction and accusing of man ; sometimes as heere , belial , for his rebellion , and casting off the yoke of obedience , for contending against him , as much as in him lyes , by whom he should , and shall at last be controuled ; for belial signifies absque jugo , or absque dominio , a masterlesse imp , and it is not unworthy your remembrance ; that wheresoever people are so called , children of belial ; disobedience and rebellion are the ground of it . but what then ? did the divel beget these men in my text ? or else , how and why are they called the children of belial ? no , the divell cannot beget children ; neither , . as the common cause ; for so sol in concurrence with man generat hominem ; nor , . as the proper cause , either a sirvile genere , or a simile specie ; nor , . as the materiall cause ; for he is not spermaticall . they are then here called the children of belial , not by any naturall or virtous generation , but by a vitious and sinfull imitation : as christ told the jewes , that they were of their father the divell , because they sought to kill him , and belye him , and gives the reason of it , for the divell is a murtherer from the beginning , and the father of lies : so here the prophet samuel calls these men the children of belial , i. e. of the divell , because they by his example and tentation sought to shake and cast off the yoke of obedience : and therefore they barely apprehended the king , as a creature of their owne , and chosen by themselves , or of faction amongst themselves , saying , how shall this man save us ? and this brings me to the examination of the first question , viz. whether god or the people be the author of monarchie ? to this is is answered by the children of belial for the people ; saying , how shall this man , this man , and no more , save us ? but by the prophet of god , it is resolved for god , saying , see you him whom the lord hath chosen ? and now , beloved judge your selves , whether it is fitter to obey god or man , as the apostles spake in another case ? whether it be fitter to believe the children of belial , who from their father have learnt to speake nothing but lies , or the prophet of god , who from the spirit of god can speake nothing but truth ? if i thought there were any children of belial here , i would for their sakes examine this question to the full , either to call them by repentance to acknowledge the truth , and doe their duty , or that they might with more security , and lesse excuse wander to hell : if there be any such divell in samuels mantle here , any complyer here with the children of belial , elsewhere , let him at least know the truth , and if he will be blessed , let him doe it too . the very worke of creation speaks this truth ; god made many angels , he made but one man , and yet he could , if he would have made as many legions of men upō earth , as of angels in heaven : he could , but he would not ; would you know the reason of it ? truely i dare not prie into this cabinet ; such secrets of state are not for the commons ; yet according to my evidence , i shall dare shew you the outside of it ; thus : god found not heaven it selfe free from mutinie amongst a multitude of inhabitants , and therefore to take off all colour of rebellion , and to prevent all pretence to disobedience against soveraignty , he made but one man ; one , and no more ; hereby teaching us , that the power of a king over his subjects is as naturall as the power of a father over his children ; that the power and person of a monarch is from god , and not from the people , and so to be acknowledged by the people : sic fuit ab initio . and this is acknowledged by aristotle , who was led only by the light of nature , and saw as far into the lawes of nature , as ever man did : at first , saith he , regall power belonged to the father of the familie , and he gives this reason for it ; because in the infancie of the world , the fathers were so grandevous & lived so long , that each father begot such a numerous posterity as might people a whole country : and therfore regal power over them as subjects was no lesse from god , then paternall power over them as children . will you heare another naturalist , little inferiour to this , say the same ? principio rerum , gentium nationumque , imperium penes reges erat ; the rule of nations , of all nations , was in the hands of kings from the beginning , and the people had no more right to chuse their kings , then they had to chuse their fathers , because the kingly right appertained to the father of the family : sic fuit ab initio . and so it hath continued ever since , and in all places . looke else upon moses the first catholick and visible king of the jewes ; ( the sanhedrim was but his great counsell ) he was fully perswaded that god had appointed him to be israels deliverer : and when god called him , he alone called him , not with the people , not to the people , for their approbation by vote , but to pharoh for the execution of his owne justice : and all this to tell the people , that yet they had nothing to doe in the appointment of a king : that god himselfe and he only , he inclusively , and he exclusively , is the efficient of monarchie . when afterward god left them to themselves , and gave them no kings , and that monster the multitude took the power into their owne hands ; o , what hideous births did they produce ? licentiousnesse instead of the subjects libertie , rapes , and rapines , instead of the subjects propriety ; enough to affright people from affecting any kinde of government whereof god himselfe is not the immediate efficient : and he is not so the immediate efficient of any kinde of government as of monarchy . well , afterwards when god in mercy looked upon their misery , and gave them a little refreshment in the succession of two judges , eli & samuel , & they were weary of this government , and would needes have a king to governe them , as the nations had : why , even then god did not give them leave to chuse one themselves ; but he himselfe appointed one over them , even saul , of whom samuel saies , see yee him whom the lord hath chosen ? it is still to tell them , that god is the author of monarchie , and not the people . and was it not so afterwards ? what else meanes solomons per me reges regnant ? that 's for the jewes , you le say ; it is true , and it is as true of the nations too ; what else meanes isaiah's vnctus cyrus ? daniel speakes them both : the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; marke it , god gives it , not the people , and god gives it to whomsoever he will , not to whomsoever the people will . thus it was in the daies of moses and the prophets ; and was it not thus in the dayes of christ and his apostles ? why else did christ acknowledge pilates power to be de super ? why else doth st. paul say , the powers that bee , are ordained of god . that objection of jeroboam , that he was a king of the peoples making , doth not soile this truth a jot , for jeroboam confesses himselfe to be but an usurper , saying , this people will returne to their owne lord , if they doe sacrifice in jerusalem : we have good hope , if ever our old religion be set up , this new rebellion must goe downe : and it concernes you , gentlemen , to looke to it to the establishing of our religion , nor does that reply from saint peter any more helpe this lame cause ; where he calls monarchie the ordinance of man . for saint peter speakes of the finall cause of monarchie : it is for the good of man ; and saint paul speakes of the efficient cause ; it is ordained of god . pareus himselfe , pareus confesseth as much , saying , the very word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ad deum primum authorem nos revocat ; this word creation , shewes plainely that god is the author of monarchie . thus it was in the dayes of moses and the prophets ; thus it was in the dayes of christ and his apostles ; and hath it not been so in the dayes of christians ever since . looke else upon athanasius for the primitive fathers ; the power of kings is of god : looke else upon aquinas , for the schoolemen , all kings are gods ordinance , even wicked kings to punish the peoples sinnes : looke else upon luther , for the moderne writers ; yee ought not to reject the prince whom god hath set over you : it was his answer to the assembly of the german rebells . thus it was in the dayes of moses and the prophets ; thus it was in the dayes of christ and his apostles ; thus it was in the dayes of athanasius and the primitive fathers ; thus it was in the dayes of aquinas , and the subtle schoolemen ; thus it was in the dayes of luther , and our honest grandfathers . but hath it beene so with the kings of england ? looke else upon his rights , looke else upon his power . . his right to the crowne is by birth , not by election : he hath it not by the peoples votes , but by gods blessing , and hereditary succession : king charles that now is , and long , and long may he so be , was king of england , scotland , and ireland , so soone as ever king james was dead , by the law of birth-right ; and so had beene , though he had not yet received the ceremonie of coronation : henry . was not crowned untill the ninth yeare of his raigne , and yet he was king the eight preceding yeares . . his power is universall , in all causes , over all persons , both ecclesiasticall and civill : so is his power military ; he may , the people may not , ( de jura ) proclaime war , and establish peace : so is his power curiall ; no court , not the court of parliament can meet , but by the kings authority ; yea , the court of parliament it selfe was at first devised , framed , and instituted by the kings of england ! o fortunatos anglos bona si sua nô rint : so is his power officiall ; he bestowes all offices , the lord keeper , the lord treasurer , the lord chamberlaine , and all the rest acknowledge the king their only patron and donor ; and lastly such is his power origenall , and that runs thus , carolus dei gratia , not , carolus electione populi . the king hath under him free-men and slaves , saies bracton , but he is under none but god : and it may be said of our king in his chaire-royall , as it was said of solomon , that he then sits , not in solium populi , as if they made him king ; but in solium domini , because he is , what he is , charles , by the grace of god , of england , scotland , france , and ireland , king , &c. and may almighty god with his grace , by which he made him king , continue him in his kingdomes , and restore him to his power , that he may punish all those men of belial , who say , they made him king , and he shall no longer raigne over them ; yea , o god , let all those children of belial taste of thy mercy , and the kings justice , who say , how shall this man save us ? and so deny his authority to come from thee , and despise him because they conceive him lesse then the whole body , though greater their particular members . amen . it is my second part , and i am now to discusse it ; i called it the positive condition of rebells : they despised him : and first what is the meaning of these words , they despised him ; why the meaning of this consists in these three branches . . they did malè cogitare , and so came within the compasse of solomons prohibition , curse not the king in thy thought . a thought of despising the king is treason , as well as a word , and a word as well as an action : so it is said of the intentions of bigthan and texesh , traitors they were , and yet they never came to an insurrexerunt , or any act of treason , but only to a voluerūt , a bare intention , they sought , or , they thought to lay hands upon king abasuerus , and for this very thought they were hanged : and as the law of god , so the law of this kingdome construes a bare purpose against the king , a despising thought of the king , to be treason , and makes it deadly my prayer therefore is : convert them o god ; if they will not bee converted , confound them o god , as many as have evill will against my lord the king , and do malè cogitare , despise him in their thoughts . . they did malè dicere , saying , how shall this man save us ? and so came within the compasse of moses his prohibition , thou shalt not speake evill of the ruler of thy people : a word against the king is treason , as well as a thought , or action ; greater treason then the thought , and lesser then the action : and they that now word it against the king , if they be of the clergy , they are of balaams ordination ; because they curse whom god hath blessed : and he was killed with the sword ; if they be of the laietie , they are of shemeies condition , because they revile whom god hath anointed ; and he was put to a violent and shamefull death : and at this time by the law of this kingdome , there stands one pym endited and arraigned for saying , he would , if he could , embrue his hands in the bloud of king charles ; my prayer againe is : convert them , o god , convert them , if they will not be converted , confound them o god , and let them perish , as many as speake evill of my lord the king , and doe malè dicere , despise him with their tongues . . they did malè facere ; for they brought him no presents , and so came within the compasse of king davids prohibition , thou shalt not stretch forth thy hand against the lords anointed ; ( and drawing our hand back from the lords anointed is equivalent ) i know king david there speakes by an interrogative , quis , who can ? but i know withall that that interrogation , quis , is a most tryumphant negative , and saies nullus , no man can , unlesse he will bring guilt upon his owne soule : absolon did against his father the king , and was both hanged and stabbed for it ; robert late earle of essex did , and was beheaded for it , and how many in the same conspiracy were hanged , you may reade in that story ; my prayer againe is : convert them , o god , convert them , and returne them to their duety of loyalty to thine annointed ; if they will not be converted , confound them o god , as many as lift up their hands against , or withdraw their hands frō my lord the king . you see what is meant by these words , they despised him ; will you now see why they despised him ? why , it was because they looked on him as a single man , how shall this man save us ? happily they thought him greater then any one of themselves in particular ; but they thought themselves in a collective or representative body greater then the king ; and this brings me to my a . ae . and the unfolding of my second question , which is , whether the king be singulis major , but vniversis minor ? but of the first branch of this question , i shall not neede to speake ; for that the king is singulis major , no man denies ; or if any , onely such as are more beasts then men , and live more by sense then reason , or rather , have lost both their sense and reason . my enquirie therefore is upon the other branch of this question : viz. whether the king bee universis minor , lesse then the body representative ? this is the thing in agitation in this wicked age , and affirmed by wicked men , the children of belial . but how truely they affirme it , you may see : first , by their sophistrie : and secondly , by our verity grounded upon scripture , fathers , reason , and the law of england . . they tell us , the fountaine or cause of the king is greater then the king ; but the people representative is the cause and fountaine of the king . but with their favour , that axiome upon which they build , quicquid efficit tale est magis tale , though it bee alwayes true , ante effectum productum , yet it is often false , post effectus productionem : v : g : the fountaine was once more water then the river , the sparke was once more fire then all the wood in the chimney , but it is not so . and indeed , the assumption is never true , for the people is not the fountaine or efficient of the king , god is ; i have shewed it before , and thither i referre you . and yet , were it true , why , yet it would not follow , that therefore the people are greater then the king : for that axiome is true onely in those agents , in whom the quality by which they worke is inherent , and from whom it cannot be separated : but the people ( if they had power to make the king ) have by that act divested themselves of that power ; and the king is not under them , but over them ; and not onely over them , sigillatim , but also conjunction ; else the body representative need not petition him ; for they might command him , they need not else call him their soveraigne , but their fellow-subject , they need not else write , to the kings most excellent majestie ; but , to our very loving friend : but you know the usuall style of the body representative ; to the kings most excellent majestie ; we your majesties most humble subjects in this present parliament assembled ; and this i hope is no complement , or pro formâ tantum : sure i am they call god to witnesse it , and so by their owne practise and confession , the king is , not onely singulis , but also universis major . . and so secondly , the scripture sayes as much ; for when that army royall was to joyne battell against absolon the generall of the rebels , and his rebell-armie ; and david the king had appointed his three chiefes over all his cavalrie and infantrie , joah , abishai , and ittai , and said , hee would go forth himselfe to battell , no said the people , the people represented the great councell , the councell of warre , and the councell of state : they all desire him to forbeare , and tell him , it is not safe for him to go along with them ; and why ? what reason have they for it ? marry the best reason in the world , salus populi , salus regui , both depending upon the safety of the king : if we flie away , they will not care for us , neither if halfe of us die , will they care for us but now thou art better then . of us : id est , thou art worth us all , thou art better then us all , thou art over and above us all . and so much sayes god himselfe , when speaking of the king , he sayes , i have exalted one chosen out of the people ; marke it , it is vnum electum è populo , not a populo ; and that one so chosen by god , god hath exalted ; and over whom hath god exalted him ? over the people sure , or over no body , and not over this or that part of the people , but over the people indefinitely : i.e. over all the people generally and universally . the new testament too speakes the same , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which words the body collective , and the body representative , are both subordinated to the king : the body collective is the people ; and sayes saint peter to them , submit your selves , the body representative is the inferiour magistrates , the peers , nobles , and counsellors , call them what you please , the house of peeres , and the house of commons ; and saies saint peter of them , they are governours sent by him , id est , by the king : for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} cannot here relate to any word but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , else there had beene an absurditie , and if there were a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , there were an impossibility too , as absurd to suppose one kingdome to have two supremes , as one firmament to have two sunnes , and as impossible to grant obedience to two supremes commanding contrary things , as to serve two masters . in a word , the inferiour governours are made by the cheife , and who is the chiefe but the king ? god only made the king , and the king only makes inferiour magistrates ; ( for they are sent , or made only by him ; ) god only can de jure unmake the king , and the king only can de jure unmake the inferiour magistrates ; and therefore , they are not coordinate with him , but subordinate to him . if now you believe samuel the prophet , or st. peter the apostle , or god himselfe , the king is as well universis , as singulis major : id est , in plaine english , greater then people , or parliament : viz. where the king and parliament are distinguished ; for the parliament is sent , or made , or calld to be a parliament by the king . and hath it not been so ever since ? looke else upon tertullian for the primitive fathers , we account the emperour soveraigne over all , and acknowledge him subject to god alone : looke else upon aquinas for the schoolemen , if a successive king , or king by inheritance turne tyrant , recurrendum est ad omnium regem , deum , we must have recourse to god alone , because god onely hath power over kings . and sayes gregory turonensis to childerick that king of france , you may chastise us if we transgresse , but if you exceed your limits , who may chastise you ? none , no man , no assembly of men , who but god ? surely then the king is above all men in the judgement of divinity . and is he not so in the judgement of reason ? why else doe we call the ring sponsus regni ? and at his coronation he is wedded to the kingdome with a ring : why else doe wee call the king caput regni ? not of these or those perticular members , but regni , of all the members in the kingdome : for all the members in their politick capacity make but one body , and hath one body any more then one head ? and hath not every body a head ? else it is a monster , or a carkasse : nec populus acephalus corpus vocari meretur ; quia ut in naturalibus capite detruncato , residuum non corpus , sed truncum appellamus ; sic in politicis sive capite communitas nullatenus corporatur : and certainely if the king makes the community a body , and the community without the king is not a boby , the king is above the community , for the head is above the body . to these two denominations , i adde a third ; the king is oecenomus , or pater familias : the kingdome is familia , the king is dominus , the kingdome domus , and that criticisme is ● truth ; dominus domni praeest , as well in universis , is singulis . agesilaus foresaw the danger of this destruction and therefore to a citizen of sparta , that desired , an alteration of government , he returned this answer , that kind of rule which a man disdaines in his owne house , is very unfit to govern a kingdome by : you disdaine that your wife , children , servants , the representative body of your little kingdome , should carry themselves over you , and command you ; it is a gracelesse familie that does so , and they are gracelesse and rebellious subjects , that say , they are , or esteeme themselves to be above the king . they that say so , speake against reason , for the king is sponsus , and the people sponsa ; for the king is caput , and the people corpus ; for the king is pater , and the people filij ; for the king is dominus , and the people servi . they that say so , speake against divinity : for it hath been the universall opinion of all the fathers , of all , i bate not one till the yeare . and odde ; that the king is inferior to none but god ; and they speake against the letter and sense of the scripture too , for the scripture calls such despisers of the king , children of belial : and lastly , they speake against the letter and sense of the common lawes of england too . omnis sub rege , saies bracton ; parem non habet in reg●● de chartis regiis , & factis regum , neo privatae personae , 〈◊〉 justiciarii debent disputare . notorium est , saies walsingham ; it is beyond all doubt , th●● the kings of england are of an unbounded preeminence , and ought not to answer before any judge ecclesiasticall or civil . it was an answer of that parliament to a popes demand , and for such demands our forefathers accounted the pope to be antichrist ; i wish they had not sent that reason of antichrist from st. peters in rome to st. peters elsewhere ; for some wise men doe not now stick to say , if this be his badge , populus is antichristus ; it is an ordinary thing for antichrist to lye , and i take this for one ; for if the king be of an unbounded preeminence , then by no meanes under the peoples girdle . that objection is of no force ; ad tutelam legis , subdit●rum , ac eorum corporum & honorum rex erectus est , & hanc potestatem affluxam ipsa habet : for fortescue there speakes of a king meerely politick , saying , rex hujusmodi , whereas regnum anglia in dominium politicum & regal● prorupit , & in utroque , tam regalè , quàm politico , populo suo dominatur ; the sence of this great lawyer is , in reference to his power , he is a regall king , & rex naturalis , and a king by birth ; in reference to his duty , he is a politick king , or rex nationalis , a king by law ; but in both , a king ; and therefore universis major in both respects . nor does that reply from bracton or fleta , ( for they both have it ) doe any more harme ; rex sub lege est , for howsoever the king be under the directive power of the law , as the law is the rule of justice ; yet he is above the corrective power of the law , as the law is the instrument of justice . in a word , the law declares the kings right , the people admit him to the possession of that right , the counsell advise him in the safest way of governing his people ; and so they use all but as instruments and servants to him , and he is above them all . the king is the life , the head , and authority of all things that are done in the realme of england , saies sir thomas smith in his common wealth of england . summam & supremam potestatem habet in omnes regni or●●●s ; nec praeter deum superiorem agnoscit , sayes master cambden ; and if he be under none but god , he is above all the people , unlesse they be god . and to all this you have all sworne in the oath of allegiance , some of you in the oath of supremacie , and the late protestation , viz , to maintaine the kings supremacie in all causes , and over all persons , ecclesiasticall and civill : a soveraignty then hee hath , and you have sworne to maintaine it , not onely over singular persons , but over all persons , and as you endeavour it , so helpe you god . but you may justly feare , if now you unsweare that , or sweare , or doe against that which you have so solemnly sworn to doe ; that god will , not onely not helpe you , but wound you , wound you while you live with the infamie of rebells , and a tormenting conscience , and wound you when you are dead with the eternity of fire , and all the torment of hell . from both which almighty god deliver you for jesus christ his sake : and from both which that you may be delivered , i pray god to give you grace to acknowledge and esteeme the king to be universis as well as singulis major ; amen . they that thinke lesse of him , doe despise him , and are therefore the children of bellal ; and so are they that bring him no presents . it is my last consideration ; i called it the privative condition of rebells , and children of belial , they brought him as presents . i need not spend any time in the explication of these words , they are obvious to the thinnest understanding , and they intend thus much ; these men , these children of belial , did not contribute to the maintenance of the king in his warres , they did not ayde him , they did not assist him , they ayded him not with armes , they assisted him not with money , they withheld his vectigalia from him , they brought him not his customes , his crowne-revenues , his subsidies , and his pollmonies . i shall therefore spend my ensuing discourse , in resolving that question , which doth even naturally arise from these last words , viz. whether it be lawfull to beare armes , or to contribute for the maintenance of a warre against the king ? and this text resolves it negatively , and sayes , it is not lawfull ; for they who brought the king no presents , were sonnes of belial ; and therefore much more are they the sonnes of belial , who fight against , or contribute to maintaine a fight against the king . and to make this good , i shall take leave , . removere , to remove those objections , those grand objections which seem to check this truth . . movere , to commend to you a choise and pregnant place of scripture , or two , which give the checkmate to those objections : . perpendere , to waigh some speeches of the fathers , and so make it good by their theorie and practise : and . proponere , to lay before your face some of those fearefull judgements , which have befallen some men that have borne armes against their kings , as fearefull examples for them , who now contribute for the maintenance of such warres . and first , for the objections ; i meet but with two that carrie any seeming validitie with them , many more there are : as . the peoples rescuing jonathan from saul : . elisha's shutting the doore , and holding fast the messenger that came from king joram : . jebues killing that king joram : . ahikams defending the prophet from the tyrany of king jehoiakim : . the withstanding of vzziah the king by azariah the priest : . the deposing of athaliah the queene : but they are all frivolous , and want weight , et eâdem facilitate repelluntur , quâ proponuntur . the first that carries any shew with it , as i conceive , is davids taking up armes against king saul ; and hence the rebells argue thus : david the subject tooke up armes against saul the king , and was not rebuked for it , either by divines , lawyers , or states-men ; many of his fellow-subjects tooke up armes with him , to the number of . and very likely , many more contributed to the maintenance of that army ; nor yet were they reprehended by divinity , law , or pollicie : and therefore subjects may in some cases take up armes , and contribute to the maintenance of a warre against their king , ( if he be an oppressour of their properties , liberties , or religion . ) and to this colourable objection it is answered , the allegation is false , false and absurd both ; false , because david was so farre from taking up these armes against king saul , that he continually fled from him , and never fought with him : yea , so farre from fighting with king saul he was , that when god had delivered him two several times into his hands , once at the edge hill of hackilah , and once in the wildernesse of eugedi , he durst not himselfe , nor would hee suffer any man else to stretch forth his hand against king saul , and for this onely reason , because he was the lords annointed , false therefore : and absurd too , to imagine that david should raise or entertaine . men to fight against king saul , who never went without . men at his heeles : impar congressus , and very unlearnedly is david with his . men urged as an example or argument , to justifie disloyalty . nor will that addition helpe it , viz. that king david was . strong ; for he was not so strong till after sauls death , as appeares in the story : but admit it for truth , that david was . strong in the dayes of saul , yet this is so farre from being an argument to justifie rebellion , or taking up armes against the king , as that it doth altogether condemne it ; for notwithstanding so great strength , yet david never pursued saul , never let flie any murthering arrowes , dart , ston● , at or against king saul , but still fled from him ; and to put him out of all such feares and jealousies , hee got himselfe with all his forces out of his kingdome , and begged a place for his habitation of achish king of gath. let all our rebells follow david in the whole example , and wee shall both allow this quotation , and also commend their imitation ; yea , and pray they may have so many followers , that there may not bee one rebell left to lift up his hand against king charles the lords annointed . object . the second objection of any colourable strength , is that of jeroboam ; from whence it is thus argued : rehoboam the son of solomon refused to ease the people of their burthens , and therefore the people tooke up armes , and set up jeroboam to be king over them ; and this was so farre from being a sinne that the text sayes , it was from the lord ; and therefore subjects may in some cases beare armes against their king . it was answered , the scripture here sets downe , rei gesta veritatem , non facti aequitatem ; and hereupon sayes saint austin , quia factum legimus , non ideo faciendum credimus , s●ctando enim exemplum violimus praeceptum , nor can wee any more free our selves from the breach of the fift commandement , if wee take up armes against our king upon this example , then wee can from the breach of the eight commandement , if wee plunder and robbe our neighbours upon the example of the israelites spoyling the egyptians . true , jeroboam was king , and that was from the lord ; but by permission onely , not appointment ; and god in that permission at once punished solomons idolatry , and rehoboams follie ; but notwithstanding this , that act of the people , in revolting from rehoboam , was rebellion , and so called by god himselfe in two severall places , and god punished this rebellion of theirs so fearefully , that he first gave them up to idolatry , and afterwards drove them out into captivity ; and this is commonly the reward of rebells : first they turne idolaters , or what is tantomount ; irreligious , ( let any one say what religion the rebells are of ) and so are hated by god , and afterwards are made slaves , and so are hated by men ; that we may never fall into the one or the other , either idolatry , or captivitie , almightie god keepe us from rebellion . amen . the scripture affords not one more colourable example to justifie the taking up of arms against the king , and therefore the rebells of this age borrow one from our owne country . object . richard the second was deposed by parliament , and therefore a king of england may be resisted . i answer it , infandum scelerate jubet renovare pudorem : if the rebells were not past all shame , they would never have remembred this factum , since it is without all aequum , and to this day remaines the blemish of our nation ; and this very act brought such miseries upon this kingdome , that untill two kings , one prince , ten dukes , two marquesses , . earls , . lords . . viscounts , one lord prior , one judge , . knights , . esquires , gentlemen of a vast number , and . common people were slaine in these civill warres , england never saw happy dayes ; this repetition hath rethorique enough to stirre you up to sorrow , i say no more of it therefore ; but , that we may againe see peace and happinesse in our dayes , god put a period to them that beare armes against king charles : amen . for it is unlawfull , as appeares . . by scripture , i will name but two instead of two hundred : the first is that of solomons , whose precept is , that we keepe the kings commandement : id est , whatsoever he commands , so it be not against the word of god : the reason of this precept is double : . in regard of conscience , because of the oath of god , we have sworne to it , and we have called god to witnesse to the truth of our intention and endeavour to performe this oath ; and accordingly we may expect god● rewarder , or a revenger : the second reason is , in regard of power , for where the word of a king is there is power : q. d. for a while , the word of a king , like the word of god , may be sleighted , but in the end , it will appeare a word of power , and shall be suffered with death , where it was not obeyed with duety : for against the king there is no rising up : nemo qui insurgit , sayes junius ; nemo qui insurgat , sayes clarius , ( i wish hee had beene a prophet : ) by solomons rule , it is unlawfull to beare armes against the king . and so it is by saint pauls rule too , his precept is obedience to the higher powers , not to the naked authority , as mr. burrowes would make that man beleeve , that is given over to beleeve a lye , but to the person cloathed with that power : for if {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may signifie power in the abstract , or the power of the law , without relation to the person that made that law ; yet {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must of necessity note the person , and the superiority of the person , that hath this power conferred upon him ; and such power no person in england hath , but onely the king of england : his great counsell may ju● dicere , he onely can jus dare ; and therefore to him must every english soule be subject ; subject actively , licitis , and subject passively , in illicitis ; both wayes so farre subject , as that we may not resist : the reason is , for if we doe , we shall receive damnation : the word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and that signifies , not the plundering of the goods at home , not the hanging of the body abroad , but the everlasting damnation of the soule and body in hell , notwithstanding mr. marshals new lexicon . if now you beleeve solomon , or saint paul , ( i could add moses and all the other prophets , saint peter and all the other apostles ) it is not lawfull for any man , for any sort of men to beare armes against the king : yea , therefore every man must assist the king with armes , and contribute to the maintenance of his warres , for they that doe not are the children of belial : the children of belial said , how shall this man save us ? they despised him and brought him no presents . and doe not the fathers assent to the same ? why else did justin martyr say ; for our religions sake , and preservation of publike peace , we christians , o emperour , yield you our helpe and assistance : it was tertullians glory , that christians were never found albinians , nigrians , cassians , or any other sort of traytors : athanasius professed it not lawfull to say or speake otherwise then wel of majestie : nazianzen knew no meanes lawful to restrain the persecutour , but tears : st. ambrose knew no other way to resist then with teares : st. austine commended the christians for obeying julian , i could name st. gregory , fulgentius , st. bernard , and many more : for all , heare the anathema of a full assembly of bishops in the conncell of toledo , whosoever shall violate that oath which he hath taken for the preservation of the king's majesty ; whosoever shall attempt to destroy or depose the king , whosoever shall aspire to the regall throne , let him bee accurst , cast out of the church , and together with his complices bee condemned with the devill and his angels eternally ; let them be all tyed in the bond of damnation , who were joyned in the society of sedition . here now let no man say , that these fathers command obedience to good kings onely ; for some of those kings , whom they command to obey , were hereticks , some idolaters , some apostata'es , some tyrants , most of them bad enough . let no man say , the christians did not resist , because they had not strength and power enough ; for tertullian tells you , they had ; cyprian tells you , they had ; saint gregory the great tells you , they had ; the number of christians was a principio , from a few yeares after the apostles . nimius & copiosus , both strong and numerous . let no man say , christian religion , and their priviledges were not yet established , for they were : constantine the great , and his successors established them , and daily added to their immunities . and now , judge your selves , beloved , whether you were better beleeve the scriptures , and the fathers , then some yong teachers , and schismatical divines crept up but yesterday , and never durst appeare in old england till now ; and now they doe appeare , they dare not dispute verbis , but verberibus , and god first or last will give them their belly full . certainely if our brethren were not wilfully blinde , they would joyne with us , and conclude , it is not lawfull to beare armes , or contribute to maintaine a warre against the king : they were children of belial that brought king saul no presents ; and to belial they all must ( without gods infinite mercie and their owne repentance ) who now maintaine a warre , or beare armes against king charles . and this is evident , fourthly and lastly , by those fearefull punishments and judgements , which god and man from time to time have inflicted upon rebells and traytors , even such as have borne armes , and maintained war against their kings . looke else upon those intentionall rebells , corah the clergie rebell , dathan and abiron the laie-rebells ; the one by a fire from heaven is sent into the fire of hell , the other through the earth fall into the pit of the damned : so saint basil . looke else upon that verball rebell , shimei , hee is put to an untimely and ignominious death . looke else upon those actuall rebells , achitophel a great polititian , absolon a favourite of his fathers , and of the peoples affections ; the one hangs himselfe , the other is hanged in a tree : and sheba for but blowing a seditious trumpet , for but striking up a rebellious drumme hath his head cut-off . see my beloved , see if yee can finde but one , even but one rebell , either in holy , or humane histories that ever escaped unpunished , either by the hand of god , in a troubled and perplexed conscience , or by the hand of man , in an untimely and odious death : brutus with the same hand and dagger , hee stabbed his king caesar , he kils himselfe . that seditious ring-leader of the jewes against adrian the emperour , who called himselfe ben-chobab , or filius stellae , is suddenly kild , and ever after scornfully remembred by the name of ben-c●zba , or the sonne of a lye . i have heard of a certaine commander , whose name i am not willing to remember , who often wisht he might rot , if ever he lift his hand , or drew his sword against the king ; notwithstanding he did both , and god answered his wish , hee rotted within , and dyed . a certaine lord i have likewise heard of , a great ring-leader in a rebellion , yet a great pretender to a reformation , who in his exercises of devotion would often desire god ; if the cause he took were not right , if the cause he managed were not just , he would take him away suddenly ; god heard him , and answered him , for by the shot of a musket he is killed so suddenly , that he had not so much time , as to say , god be mercifull unto me , and so without signe or symptome of repentance dyed . i need not remember you of pausanias , ariobarzanes , rodolph duke of suevia , catiline of rome , and many of england . not one of them all , nor any other that i remember , or have read of , but if he lived , he lived the scorne of honest men , and if he dyed , he dyed the shame of his friends , the mirth of his enemies , and the example of all ; god in the shamefull and fearefull punishments of them , telling us , that to beare armes , or contribute to maintaine a warre against the king is utterly unlawfull : that the people of this kingdome may no longer do it : with the church i pray , from all sedition and privy conspiracie , from this present dangerous rebellion , from all false doctrine and heresie , from hardnesse of heart , and contempt of thy word and commandement , good lord deliver us . amen . finis . notes, typically marginal, from the original text notes for div a e- questions . resol. populi . resol. s●muelis . division . ps. . mat. . . belial , what ? children of belial , how ? job . . . ● a. ● ae . act. . . pol. l. . c. . exod. . . act. . . judg. . . . sam. . . pro. . . isay . . dan. ● . . joh. . ● . rom. . . object . reg . ● answ. replie . pet. . . resol. ad antioch . q . de reg. pa. l. c . speed . l. . c. . polyd. virg. l. . smith . c. w. l. . c . fol. . ab . ps. . eccles. . . est . . . . deut. . . num. . . sam. . . . sam. a . ae . or quest . . sam. . . ps. . pet. . ad scap. a. ae . q. . ar. . fortesacut . l. . c. . object . answ. replie . resol. l. . c. . elisab . pag . brit. pag. . ps. . ●● . ae . . mediatione non rebellione : junius , borth●ius , osiander , willet : non fustibus , sed precibus : peter martyr . . revelatione , non oppositione . speciali jussu , non lege . . a populi tumultu non regis tyrannide . . verbis , non gladits ; persuasione , non insurrectione : & leprosus fuit . . usurpatrix fuit . object . sam. ● . . . . . answ. sam. . . chr. . . reg. . answ. reg. . . cro. . . answ. a. ae . eccles. . . . . pro. . rom. . . . a. ae . apol. . ad ant. imp. pag. . ad scap . apol. ad const. orat . in julian . . contr. auxent . ep. . . . in ps. . conc. . canc. . in apol. ep. l. . ep. . a. ae . hom. . euseb. l. . c. . the resolving of conscience upon this question whether upon such a supposition or case as is now usually made (the king will not discharge his trust, but is bent or seduced to subvert religion, laws, and liberties) subjects may take arms and resist, and whether that case be now ... / by h. fern. ferne, h. (henry), - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the resolving of conscience upon this question whether upon such a supposition or case as is now usually made (the king will not discharge his trust, but is bent or seduced to subvert religion, laws, and liberties) subjects may take arms and resist, and whether that case be now ... / by h. fern. ferne, h. (henry), - . [ ], p. printed by stephen bulkley, york : . reproduction of original in the british library. eng divine right of kings. great britain -- history -- charles i, - . a r (wing f ). civilwar no the resolving of conscience, upon this question, whether upon such a supposition or case, as is now usually made (the king will not discharg ferne, h c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the resolving of conscience , upon this question , whether upon such a supposition or case , as is now usually made ( the king will not discharge his trust but is bent or seduced to subvert religion , laws , and liberties ) subjects may take arms and resist ? and whether that case be now ? resolved , i. that no conscience upon such a supposition or case can finde a safe and clear ground for such resistance . ii. that no man in conscience can be truly perswaded , that the resistance now made is such , as they themselves pretend to , that pleade for it in such a case . iii. that no man in conscience can be truly perswaded that such a case is now , that is , that the king will not discharge his trust , but is bent to subvert , &c. whence it followeth . that the resistance now made against the higher power is unwarrantable , and according to the apostle damnable , rem . . also that the shedding of bound in the pursuit of this resistance is murder . by h. fern , d. d. &c. wo unto them that call evill good , and gool evill , that put darknesse for light and light for darknessae , isa. . . o my soule come not thou into their secret , gen. . . printed at york by stephen bulkley , . to all misse-led people in this land . he that in these times will speak any thing to the people in behalf of the king , is likely to doe it upon disadvantage , and be heard with prejudice : but they that would be profitably informed by what they heare , must lend an equall eare to what is spoken ; which i hope you will do , being such , for the most part , as professe to make a conscience of your wayes , i desire therefore of you ( into whose hands this treatise shall come ) that you would receive it with mind and affection , answerable to that wherewith it is offered to you , free from partiality and private respects ; that you would consider cases of conscience are written out of conscience : and were a distressed prince a fit object for flattery , or this kind of instruction capable of such language , yet is this a time for every man to informe and speak his conscience ; and as many of you as shall reade me in this book , will , i hope , conceive , i had no other purpose in the publishing of it , then to give testimony to the truth for the directing of your consciences and the discharge of mine own . i have therefore written it plainly without affectation of curiosity , having a respect onely to your profit ; the learned through the land are sufficiently persawded , and i may asure you all ages have asserted this truth , out of which i could have drawn a cloud of witnesses and presented them to your sight , but thought it more expedient for your direction , to shew you the cleare light of divine scripture and rectified reason , the onely rules of conscience ; and if by these you shall be brought to see the crookednesse of the new doctrine of these times , and the uneven dangerous windings of this way of resistance , i have gained the end of my desires , and you have not lost by it . one thing i must note as strange , that to discourse upon this argument shouldbe thought ( as it is by many ) a worke altogether beyond the profession of the divine . indeed popular states-men have alwayes held it very impolitick and unreasonable , that subjects should not in dangers imminent have means to save themselves by a power of resistance , and accordingly framed their principles and grounds of state as unquestionable . we examine not the power or wisdome of law-makers , but when we receive their law , declaration , or command , and know it in terminis , understand it in the sense it be its , certainly it belongs to the divine to consider whether it be against gods law , and accordingly to instruct his people . if it be agreed upon as a thing known in this state , that the king is the higher power according to st. paul , the supreme according to st. peter , the father of the commonwealth according to the fifth commandement , surely it belong to the divine to urge obedience , honour , and subjection according to those place , and reprove resistance forbidden there : which obedience we acknowledge to be limited and circumscribed by the established laws of the land , and accordingly to be yeilded or denyed to the higher power , if those laws be not repugnant to the law of god : and for resistance , as we have not yet heard of any law of the land that commands or warrants it , so we know that were there any law or ordinance made to enjoyn it , such would not bind , being against the apostles expresse prohibition , back'd with arguments drawn from the very reason of goverment , as shall be shewen in this following treatise . be they who they will that present you with imminent dangers , and work upon your fears , that tell you of fundamentall lawes , and give you rules of policy to captivate your reason ; when all that 's done , it is the divine that must settle the conscience , which will not be quiet , if in yeilding obedience to any law or ordinance , it comes to a suspicion , that such an ordinance of man entrencheth upon the word of god . let me tell you ( for i suppose you follow this way in the simplicity of your hearts ) how you are wrought upon by them that mis-leade you . you are dealt with according to your generall desire of the continuance of true religion and the subjects liberty , not according to the particular grounds of safety , which conscience doth require : you are told , the gospel and your liberties , and all you have , are in most imminent danger , and without taking arms for the defence , irrecoverably lost ; and that this is lawfull by the fundamentals of this kingdom : you must take all this upon trust , without an expresse and particular warrant , to rule and secure your conscience against the expresse words of the apostle forbidding resistance , rom. . you professe your selves enemies to popery , and good reason for it , but why should you therfore be enemies to your king that declares against it too . i would you could observe how , under pretence of keeping out popery , you are led in this way of r●sistance by the like steps that brought popery in . for examine your hearts and try if the name of parliament ( which is of honourable esteem with all ) be not raised to the like excesse of credit with you , as the name of the church is with the papists ; if you have not within you a silent thought of infallibility in that great councel , and so with an implicit faith are ready to receive and maintaine what ever is concluded there ; if you be not drawn to believe your prince is minded to overthrow religion , and upon such a supposall or beleif ( according to the very method of jesuitical practises ) to take up arms against him . if you do not rest satisfied with your generall intention of a good end , that is , the defence of religion , not examining the meanes , you now use , to compasse that end ; like those that for the advancing of the catholick cause , as they call it , attempt any thing however unjust , even to the destruction of kings , that are set over them ; this blindnesse is popish , and practice jesuiticall . lastly , examine your hearts , if you be not confirmed in your way by the number of your professour , like as they are by the universality of their church , resting upon the person of men , not trying the cause it selfe by the touchstone of divine scripture and rectified reason . i know it prevails with many thousands of you , because you see , as you thinke , and use to say , all good people that have sense of religion , and conscience of their wayes , do go along with you , and you cannot beleive that god would suffer them to be so generally deluded ; let me tell you , you do hereby very uncharitably conclude upon all those that run not with you to the like excesse , and i may say without breach of charitie , they that appear with you in the cause , would not all be found such , as you conceive them to be , if they were examined by the true marks of christian profession , that is , by the true doctrine of faith , by their charitie , honestie , obedience , meeknesse of spirit , and the like ; without which your religion is vain , whatever your exercises , or performances of duties be ; the pharisees righteousnesse will exceed yours , and his frequency and length of prayer will be as sure a mark as yours ; nay the anabaptist , at this day will out-do you in any of your forms of godlinesse . i do not speake this against the frequent and sincere performance of holy duties : god forbid i should . nor do i speak it of you all : i know there are many good and conscientious men that go your way in the simplicitie of their hearts , as those did that followed absolom ; whom the just god suffers hitherto to be deceived , that even by their example this power of resistance may gather strength to the just punishment of this sinfull land , and that they themselves when their eyes shall be opened ( which , i hope , will be ere long ) may see their own weaknesse , and be so much more humbled for it . in the meane time you are according to the blindnesse of a popish way in all the former respects , carried on against all rule of conscience ; for you have neither certain knowledge of your princes heart , to resolve for resistance upon a supposall of such intentions in him ; nor have you any certain rule to warrant the lawfulnesse of resisting upon such supposall , and to secure you against the apostles prohibition , and damnation laid upon it ; nor have you any judgement of charity , in concluding such intentions in your prince against his deepest protestations made in such times of his distresse , and without that , all is nothing , though you lay down , as you think , your life for religion . how much safer would it be for you to be guided by the sure rules of conscience , and ( if it should please god to bring upon you what you fear ) to suffer unjustly , then in the unwarrantable prevention of it to do unjustly . to this purpose shall you have this treatise speaking to you for the direction of your consciences . if you think it strikes too boldly upon any thing concerning the parliament , i desire yours and their favourable interpretation , fain would i silence every thought and word that may seem to reflect upon that high court ; but what is necessary , i must speak for truth and conscience sake , from which neither king nor parliament should make us swerve . we are taught that kings must not be flattered ; and the people ought to learn , that parliamens must not be idolized : that has been often charged as a fault upon the clergy , and this i fear is that sinne of the people , which , together with the licentiousnesse indulged back again to them , ha's moved god to blow upon that wish'd for fruit we might have reaped by this so desired a parliament . for when i see man is more sensible of every breach of his own rights and priviledges , then of those unparallel'd breaches so frequently made upon gods publike worship , i cannot but think the lord will require it of this land ; and when i see right and just subverted , property and liberty exposed to the will and power of every one that is pleased to conceive his neighbour a malignant , and able to make him so by commanding his . goods and person , i cannot but complain with the psalmist , the foundations of the earth are out of course ; and appeal to heaven , arise o god , judge thou the earth . and i trust , that albeit this spirit of seduction may prevaile a while , and this way of resistance prosper , for the great , but just punishment of this sinfull land , the lord will look downe from heaven , and make truth and peace again to flourish out of the earth , will look upon the face of his anointed , and by this affliction , as by a loving correction make him great . great to the maintenance of gods true religion , and to the restoring of the peace and prosperity of this kingdom ; and , let all the people say , amen . the contents . sect. i. the explication of the question , and generall resolution of it . sect. ii. the principle or ground on which they goe for resistance examined by scripture . their chief examples , ( to which should have been added libnah's revolt , answered now in the last sect. ) scriptures against them , especially that of the . to the rom. urged and cleared : where shewed , the king is that higher power . that all are forbidden to resist , even the senate , which by the fundamentalls of that state might challenge as much as our great councell can . that prohibition concerns all times ; and was good , not onely in that state , because they were absolute monarches , but in all states because of the preservation of order which should be in all , and was good not onely against the christians , because their religion was enected against by law , but also against the senate and people , though they were enslaved . sect. iii. their principle examined by reason . of fundamentalls , their ground-work according to the pleaders for resistance , is the originall of power from the people , and their re-assuming it , when the prince will not discharge his trust . the power it selfe , ( distinguished from the designing of the person , and the qualification of it in severall forms of government ) is from god as an ordinance or constitution under that providence whereby god rules the whole world , creatures reasonable as well as unreasonable . sect. iv. that power cannot be forfeited to the people or re-assumed by them . they cannot prove it by vertue of the first election , or by any capitulations or covenant , or the oath between prince and people . sect. v. nor can it be proved by that necessity of means of safety which should be in every state to provide for it self : but greater dangers and inconveniences would follow by such means of safety as are pretended to by resuming the power . sect. vi . the examination of the resistance now made . where shewen , that it is not so much as they themselves pretend to , who plead for it ; either for the generall and unanimous consent of the kingdome ; for it was not so agreed upon : or for the defensive way of it ; because the king is upon the defensive , for he was not first in arms , and the contentiom must needs appeare to be for something the king hath right to hold , or is bound by oath to maintain . also because to any mans conscience it will appeare to he an oppugnation , rather then a resistance or meere defence . sect. vii . the case is not in being . no conscience can conclude the king to be , what they would have him supposed : because the jealousies are groundlesse . the king hath done sufficient to clear them , by promises , protestations , acts of grace . and conscience if it hold the rule of charity , will not against all those conclude contrary intentions in him , upon them to ground resistance ; but will , if it will not not be partiall , judge the king hath offered such reasonable meanes of securitie to this state as ought to have been apprehended , rather then this kingdom embroyled in a civil war , and ireland neglected . lastly , a conscience that concludes for resistance , wants the perswasion of faith , and the judgement of charity in an high measure , and cannot appeare safely at gods tribunall . the resolving of conscience , touching the unlawfulnesse of the war and resistance now made against the king . lamentable are the distractions of this kingdome , and the more , because they gather strength from the name and authority of ( that , which as it is of high esteeme with all , so should it be a remedy to all these our distempers ) a parliament : and from the pretended defence of those things that are most dear unto us , religion , liberties , laws . whereupon so many good people , that have come to a sense of religion and godlinesse , are miserably carried away by a strange implicit faith to beleive , that whatsoever is said or done in the name of a parliament , and in the pretended defence of religion , liberties , laws , to be infallibly true , and altogether just . but he that will consider , men are men , and would seek a surer rule for his conscience then the traditions or ordinances of men taken hand over head , shall upon reasonable examinations find upon what plausible , but groundlesse principles , upon what fair but deceiving pretences , upon what greivous but causelesse imputations laid upon majestie it self , poore people are drawn into arms against the duty and allegiance they owe to their prince by the laws of god and man . for directing the conscience in such an examination this ensuing discourse is framed , as briefly and plainely as the matter will permit . sect. i conscience in resolving upon a question , first layes down the proposition or principle or ground , on which it goes ; then it assumes or applyes to the present case ; then it concludes and resolves : as in this question , affirmatively for resistance , thus , subjects in such a case may arm and resist : but that case is now come : therefore now they may and doe justly resist . or negatively against resistance , either by denying the principle : subjects may not in such a case arm and resist , therfore now they do not justly resist . or by admitting the principle and denying the case , subjects in such a case may arm and resist . but that case is not now . therefore now they do not justly arm and resist . what it is that conscience is here to admit or deny , and how it ought to conclude and resolve , this ensuing treatise will discover : which that it may more clearly appeare , we will premise . first , that in the proposition or principle by the word resistance is meant , not a denying of obedience to the princes command , but a rising in arms , a forcible resistance ; this though clear enough in the question , yet i thought fit to insinuate , to take off that false imputation laid upon the divines of this kingdome , and , upon all those that appeare for the king in this cause , that they endeavor to defend an absolute power in him , and to raise him to an arbitrary way of government ; this we are as much against on his part , as against resistance on the subjects part . for we may and ought to deny obedience to such commands of the prince , as are unlawfull by the law of god , yea , by the established laws of the land : for in these we have his will and consent given upon good advice , and to obey him against the laws were to obey him against himselfe , his sudden will against his deliberate will ; but a far other matter it is to resist by power of arms , as is in the question implyed , and as we see at this day to our astonishment , first the power of arms taken from the prince by setting up the militia , then that power used against him by an army in the field . secondly , we must consider , that they which pleade for resistance in such a case as is supposed , do grant it must be concluded upon , omnibus ordinibus regni consentientibus , that is , with the generall and unanimous consent of the members of the two houses , the representative body of the whole kingdome : also they yeild it must be onely legitima desensio , a meer defensive resistance ; and this also conscience must take notice of . thirdly , it is considerable , that in the supposition or case it is likewise granted by them , that the prince must first be so and so disposed , and bent to overthrow religion , liberties , laws , and will not discharge his trust for the maintaining of them , before such a resistance can be pretented to . and although the question is , and must be so put now , as that it seems to straiten the case , and make it depend upon the supposall of the people ; yet it so much the more enlarges the falshod of the principle , for it plainly speaks thus ; if subjects beleive or verily suppose their prince will change religion they may rise in arms ; whereas all that have pleaded for resistance in case of religion , did suppose another religion enjoyned upon the subject first . we will therefore endeavour to cleare all for the resolving of conscience in these three generalls . i. that no conscience upon such a case as is supposed can find clear ground to rest upon for such resistance as is pretended to , but according to the rules of conscience what is not of faith is sinne : and , in doubtfull things the safer way is to be chosen ; conscience it will find cause to forbeare and to suffer , rather then resist ; doubtfull , i say , not that a conscience truly informed will not clearly see the unlawfulnesse of this resistance , but because no conscience can be truly perswaded of the lawfulnesse of it , and so that conscience that resolves for it , must needs run doubtingly or blindly upon the work . ii. that the resistance now used and made against the prince is not such as they pretend to , either for that generall and unanimous consent that should precede it , or that defensive way that should accompany it , according to their own grants that plead for it , and therefore conscience cannot admit such a resistance as is made now adayes . iii. if conscience could be perswaded , that it is lawfull in such a case to resist , and that this rising in arms is such a resistance as they say may in such a case be pretended to , yet can it never ( if it be willing to know any thing ) be truly perswaded that such a case is now come , that i● , that the king refuse to discharge his trust , is bent to overthrow religion , &c , and therefore conscience cannot but resolve this opposition and resistance to be unlawful , unwarrantable , and ( according to the apostle ) damnable ; and that people , running into arm without sufficient warrant , commit murder if they shed blood in the pursuit of this resistance , and perish in their own sinne , if die in the cause . sect. ii. first then , that the principle is untrue upon which they go that resist , and that conscience cannot find clear ground to rest upon for making resistance : for it heares the apostle expressely say , whosoever resist shall receive to themselves damnation , and it cannot find any limitation in scripture that will excuse the resistance of these dayes . the exception or limitation that is made , is taken from the persons resisting , and the causes of resistance , thus , they that are private persons and do resist upon any cause receive damnation , but the states or representative body of the whole people may resist upon such or such causes . but how will this satisfie conscience , when every distinction or limitation made upon any place of sripture , must have its ground in scrpture ; this has onely some examples in scripture that come not home to the cause , and some appearances of reason ; which are easily refuted by clearer scripture and reason . the examples alledged are , i. the peoples rescuing of jonathan out of the hands of saul . answ. here the people drew not into arms of themselves , but being their at sauls command , did by a loving violence and importunitie hinder the execution of a particular and passionate unlawfull command . ii. davids resisting of saul . answ . . davids guard that he had about him was onely to secure his person against the cut-throats of saul , if sent to take away his life . . it was a meere defence without all violence offered to saul ; therefore he still gave place as saul pursued , and did no act of hostility to him or any of his army when they were in his power , . sam. . but thirdly , because they gather out of the . sam. . . that david would have defended keilah against saul , if the inhabitants would have been faithfull to him , we say that 's onely an uncertain supposition , not fit to ground conscience in this great point of resistance ; also to this and all other davids demeanours , in his standing out against saul , we say his example was extraordinary ; for he was anointed and designed by the lord to succeed saul , and therefore he might use an extraordinary way of safeguarding his person . these are the cheif examples . they make use also of the high preists resisting the king in the temple , and elisha's shutting the doore against the kings messenger that came to take away his head ; and the like ; which speake not so much as the two former , having no appearance of such resistance as is implyed in the question . 〈◊〉 we answer . . that of the high preist is more pertinently applyed to the popes power of excommunicating and deposing kings , then to this power of resisting now used ; but truly to neither . for he did no more then what every minister may and ought to do if a king should attempt the administration of the sacrament ; that is , to reprove him , to keepe the elements from him . ambrose bishop of milan withstood the emperour at the entrance of gods house , not by excommunication , much lesse by force of arms , but by letting him understand he was not fit for that place , there to be made partaker of the holy things , till he had repented of that outrage and bloudshed at thessalonica . upon which the emperour withdrew . the preists here are said to thrust him out of the temple , but we must note gods hand was first upon him smiting him with leprosie , and by that discharging him of the kingdome also . it is added in the text , yea himselfe also hasted to go out . but enough of this . elisha's example speakes very little . but let us thence take occasion to say , that personall defence is lawfull against the sudden and illegall assaults of such messengers ; yea of the prince himselfe thus far , towards his blow , to hold his hands , and the like : nor to endanger his person , not to return blows , no ; for though it be naturall to defend a mans selfe , yet the whole commonwealth is concerned in his person , as wee see in the commonwealth of the creatures , one particular nature will defend it selfe against another , but yeild to the universall . if this be drawn from personall defence to the publick the argument thus ; if the body naturall then the body politick may defend it selfe , if a private person much more the whole state may ; and they do but shut the way up against the king that comes to destroy his parliament , and take away their heads . we answ : as the naturall body defends it self against an outward force , but strives not by a schisme or contention within it selfe ; so may the body politick against an outward power , but not as now by one part of it set against the head and another part of the same body ; for that tends to the dissolution of the whole . again : personall defence may be without all offence , and does not strike at the order and power that is over us , as generall resistance by arms doth , which cannot be without many unjust violences , and does immediately strike at that order which is the life of a commonwealth . and this makes a large difference twixt elisha's shutting the doore against this messenger , and their shutting up the way against the king by armed men ; nor can they conclude upon such an intention in the kings heart without the spirit of elisha . he professeth he intends no violence to his parliament nor has be taken away the head of any of theirs that have fallen into his power , nor does desire any other punishment inflicted upon any that do oppose him , then what a legall triall shall adjudge them to , which no good subject ought to decline . now let us see how scripture excludes this , and all other exceptions , giving no allowance to resistance , in regard of persons or causes , or other pretenses , and this not onely by examples , but by precept , conclusions , resolutions , which are more safe . first , we have the two hundred and fifty princes of the congregation , gathering the people against moses and aaron , numb. . . and perishing in their sinne . if it be replyed , the persons indeed were publicke , but there was no cause for it ; moses and aaron did not deserve it . i answer , but the other supposed , they did , and that is now enough , it seems , to make people not onely say to their prince , you take too much upon you , but therfore to rise in arms also , which i hope will appeare to be without cause too in the end of this treatise . secondly , see for the cause of resistance , . sam. . . there the people are let to understand how they should be oppressed under kings , yet all that violence and injustice that should be done unto them is no just cause of resistance , for they have no remedy left them but crying to the lord , v. . thirdly , we have not onely example , but resolution and conclusion our of scripture , the people might not be gathered together either for civill assemblies , or for war , but by his command that had the power of the trumpet , that is , the supreme as moses was , numb. . also when david had saul and his army in his power , he resolves the matter thus , who can stretch out his hand against the lords annointed and be guiltlesse , . sam. , . if replyed , now they intend not hurt to the kings person ; yet might nor they as well have hurt his person in the day of battell , as any of them that were swept away from about him by the furie of the ordinance , which puts no difference 'twixt kings and common souldiers ? this also i must observe concerning this point of resistance , out of the old testament ( for from thence have they all their seeming instances ) that it is a marvellous thing , that among so many prophets reprehending the kings of israel and judah for idolatrie , cruelty , oppression , none should call upon the elders of the people for this duty of resistance . but lastly , that place of the apostle , rom. . at first mentioned , does above all give us a cleare resolution upon the point , which now i shall free from all exceptions . first , i may suppose , that the king is the supreme , as s. peter calls him ; or the higher power , as s. paul here , though it be by some now put to the question , as one absurdity commonly begets another to defend it ; but i prove it . s. peters distinction comprehends all that are in authoritie , the king as supreme , and those that are sent by him , . pet. . , in which latter rank are the two houses of parliament , being sent by him , or sent for by him , and by his writ sitting there . also by the oath of supremacy it is acknowledged , that there is no power above him without or within this realm ; and that he is in all causes and over all persons supreme . also acknowledged by the petitions of the two houses addressed unto his majestie , wherein they stile themselves his loyall subjects . but enough of this . secondly , in the text of the apostle , all persons under the higher power are expressely forbidden to resist . for whosoever , in the second verse , must be as large as the every soul in the first , and the resistance forbidden here concerns all , upon whom the subjection is injoyned there , or else we could not m●ke these universals good against the papists , exempting the pope and clergy from the subjection . thirdly , in those dayes there was a standing and continuall great senate , which not long before had the supreme power in the romane state , and might challenge more by the fundamentalls of that state , then our great counsell ( i think ) will , or can . but now the emperour being supreme , as s. peter calls him ; or the higher power , as s. paul here , there is no power of resistance left to any that are under him , by the apostle . this for the persons that should resist , all are forbidden . now consider the cause . fourthly , was there ever more cause of resistence then in those dayes ? were not the kings then not onely conceived to be inclined so and so , but even actually were enemies to religion , had overthrown laws and liberties ? and therefore if any should from the apostles reasons that he gives against resistence in the , , , verses , ( for rulers are not a terrour to good works but evil , and he is the minister of god to thee for good ) reply , that rulers so long as they are not a terrour to the good , but minister for our good , are not to be resisted : the consideration of those times leaves no place for such exception , because the powers then ( which the apostle forbids to resist ) were nothing so , but subverters of that which was good and just . if it be replyed , that prohibition was temporary and fit for those times , as it is said by some . i answer , . this is a new exception never heard of ( i think ) but in these times . . it is groundlesse , and against the text , for the reasons of the prohibition in the , , , , verses , are perpetuall , from that order , that good , for which the powers are ordained of god , which will be of force as long as there is government , and will alwayes be reasons against resistence ; because resistence ( though it be made against abused powers as then they were ) doth tend to the dissolution of that order , for which the power it selfe is set up of god by which also that other distinction of theirs is made void , when as they reply , as they think , acutely , that they resist not the power , but the abuse of the power it is also answered by some , that the emperours then were absolute monarchs , and therefore not to be resisted . i answer : they did indeed rule absolutely and arbitrarily , which should have according to the principles of these dayes been a stronger motive to resist . but how did they make themselves of subjects such absolute monarchs ; was it not by force and change of the government , and was not the right of the people and senate ( according to the principles of these dayes ) good against them with as much or more reason , then the right of the people of this land is against the succession of this crown descending by three conquests ? and this i speak not to win an arbitrary power or such as conquerours use , unto this crown , but onely to shew that resistence can be no more made against the kings of england , then it could against those emperours . nay , with lesse reason against them , then these . lastly , it is replyed , that christian religion was then enacted against by law ; but the religion contended for is established by law . i answer : but is the religion established denied to any that now fight for it ? shall the apostles prohibition be good against christians in the behalfe of actuall tyrants persecuting that religion , and not against subjects freely enjoying the religion established ? or may protestants upon a jealousie resist a protestant king professing the same religion , and promising to conserve it entire to them ? . the prohibition does not onely concern christians , but all the people under those emperours , and not onely religion was persecuted , but liberties also lost , the people and senate were enslaved by edicts , and laws then inforced upon them , and they ( according to the principles of these dayes ) might resist , notwithstanding the apostles prohibition , and the laws then forced upon them ; or else the state , as they usually say , had not meanes to provide for its safetie . thus one phansie of theirs thwarts another , because both are groundlesse . but more anon of those meanes of safety they suppose to be in every state , by the power of resistence . hitherto of scripture , which is most powerfull against resistence , in the prohibition and the reasons of it , by which conscience will clearly see , it can have no warrant from scripture for resistence . now let us try what reason can enforce . sect. iii. for proving this power of resistence , there is much speech used about the fundamentalls of this government , which because they lie low and unseen by vulgar eyes , being not written laws , the people are easily made to beleeve they are such as they ( that have power to build new laws ) upon them ) say they are . and indeed none so fit to judge of them as they : yet this we know , and every one that can use his reason knows , that the fundamentalls must needs be such as will bear the setled government of this land , such as are not contradictory to the written established laws : but both the government we see used in this land , and the written laws which we reade , must have a correspondency and anology of reason to these fundamentalls , and these to them . well then , they that plead for power of resistance in the people , lay the first ground-work of their fundamentalls thus : power is originally in and from the people , and if when by election they have intrusted a prince with the power , he will not discharge his trust , then it falls to the people ; or , as in this kingdome to the two houses of parliament ( the representative body of the people ) to see to it ; they may reassume the power . this is the bottom of their fundamentalls as they are now discovered to the people . but here we may take notice by the way , that however the fundamentalls of this government are much talked of , this is according to them the fundamentall in all kingdomes and governments ; for they say power was every where from the people at first , and so this will serve no more for the power of resistance in england , then in france , or turkey : but if this must be a fundamentall , it is such an one as upon it this government cannot be built , but confusion and anarchy may readily be raised ; as shall appeare by the clearing of these two particulars , whether the power be so originally and chiefly from the people as they would have it ; then whether they may upon such cause , reassume that power . first , of the originall of power , which they will have so from the people , that it shall be from god onely by a kind of permissive approbation as we may see by the observator , and all other that plead for this power of resistance . we must here distinguish what the writers of the other side seem to confound , to wit , the power it selfe , ( which is a sufficiency of authority for command and coercion in the governing of a people ) from the designing of the person to bear that power , and the qualification o● that power according to the divers wayes of executing it in severall forms of government and then we grant that the designing of the person is sometimes from the people by choyce , and that the power of the prince receiving qualification by joynt consent of himself and the people , is limited by the laws made with such consent ; but the power it self is of god originally and chiefly : which we prove by scripture and reason . first , by such places of scripture as plainly shew an ordaining and appointing , rather then a permission or approbation . . the apostle speaks it expressely , the powers are of god , rom. . . and the ordinance of god , vers. . s. peter indeed saith , every ordinance of man , . epist. . but of man there , and of god here is much differing ; there it is ' anthr●●pine , of man , subjective , that is , every ordinance or power set up amongst men ; but here it is ' apo theou , of god , causaliter , that is , from him , his ordinance ; and if in that ' anthr●●pine there be implyed any creation or causality , or invention of man , it respects the qualification of the power according to the forms of severall governments and offices in them , which are from the invention of man ; it does not make the power it self the creation of man , which is the constitution and ordinance of god ; and men are not onely naturally bent to society , but also are bound as they are reasonable creatures , to set up and live under government as under an order of that providence by which the world is governed . ii. he is called the minister of god , v. . but if so from the people and no otherwise from god then they would have him , he should be minister populi rather ; he is indeed their minister for their good , which makes the people to be the end of this governing power , not the fountain and originall of it : therfore the necessity of subjection urged in the fifth verse , ha's a double ground , the ordinance of god , whose ministers rulers are , ther 's the fountain and originall of power to govern ; then the peoples good , upon which rulers ought to attend , that 's an end of the governing power . iii. to the same purpose speak those other places , by me kings reigne : and i have said ye are gods , psal. . in relation to which our saviour saith , joh. . they are called gods to whom the word of god came , that dixi , that word is the command , the issuing out as it were the commission for the setting up of a governing power among the people . these places cannot be satisfied with that poore part , they on the other side leave to god in the setting up of power for the governing of men , that is , to approve it when the people ha's created or invented it . indeed if we consider the qualification of this governing power , and the manner of executing it according to the severall forms of government , we granted it before to be the invention of man , and when such a qualification or form is orderly agreed upon , we say it ha's gods permissive approbation and therefore the imputation is causelesse which the pleaders on the other side do heedelessely and ignorantly lay upon us divines ; as if we cryed up monarchy , and that onely government to be jure divino . for although monarchy ha's this excellencie , that the government god set up over his people in the person of moses , the judges , and the kings , was monarchicall , yet we confesse that neither that , nor aristocracy , or any other form is jure divino ; but we say the power it self , or that sufficiency of authoritie to govern , which is in monarchy or aristocracy , abstractly considered from the qualifications of either form , is an efflux or constitution subordinate to that providence , an ordinance of that dixi , that silent word by which the world was at first made , and is still governed under god . secondly , as this appeares by the former places of scripture , so it is also suitable to reason : because god doth govern all creatures , reasonable as well as unreasonable , the inferiour or lower world he governs by the heavens or superiour bodies , according to those influences and powers he ha's put into them ; and the reasonable creatures , men , he governs too by others set up in his stead over them ; for which they are called gods , because in his stead over the people : and the powers are said to pe ' apo theou tetagmenai rom. . . not only ' apo theou , from god ; but also as orders ranked under him too , subordinate to that providence by which all creatures are governed . these his ministers he sometimes designed immediately by himselfe , as moses , the judges , saul , david , &c. now he designes his vicegerents on earth mediately , as by election of the people , by succession or inheritance , by conquest , &c. to conclude , the power it selfe of government is of god , however the person be designed , or that power qualified according to the severall forms of government by those laws that are established , or those grants that are procured for the peoples securitie . thus much of the originall of power . sect. iv. now we come to the forfeiture , as i may call it , of this power . if the prince , say they , will not discharge his trust , then it falls to the people or the two houses ( the representative body of the people ) to see to it , and reassume that power , and thereby to resist . this they conceive to follow upon the derivation of power from the people by vertue of election and upon the stipulation or covenant of the prince with the people , as also to be necessary in regard of those meanes of safety , which every state should have within it selfe . we will examine them in order , and shall find the arguments inconsequent . concerning the derivation of power we answer ? first , if it be not from the people , as they will have it , and as before it was cleared , then can there be no reassuming of this power by the people ; that 's plain by their own argument . secondly , if the people should give the power so absolutely as they would have it , leaving nothing to god in it but approbation , yet could they not therefore have right to take that power away . for many things which are altogether in our disposing before we part with them , are not afterward in our power to recall ; especially such in which their redounds to god an interest by the donation , as in things devoted , though afterward they come to be abused . so although it were , as they would have it , that they give the power and god approves ; yet because the lords hand also & his oyl is upon the person elected to the crown , and then he is the lords anointed and the minister of god , those hands of the people which were used in lifting him up to the crown , may not again be lifted up against him , either to take the crown from his head , or the sword out of his hand . this will not a true-informed conscience date to doe . thirdly , how shall the conscience be satisfied that this their argument , grounded upon election and the derivation of power from the people can have place in this kingdome , when as the crown not onely descends by inheritance , but also ha's so often been setled by conquest in the lines of saxons , danes , and normans ? in answer to this they looke beyond all these , and say , the right is still good to the people by reason of their first election . i answer : so then that first election must be supposed here , and supposed good against all other titles , or else this power of resistence falls to the ground . it is probable indeed that kings at first were by choyce here as elsewhere ; but can conscience rest upon such remote probabilities for resistence , or think that first election will give it power against princes that do not claime by it . we tell them the romane emperours were not to be resisted , rom. . . they reply , as we had it above , that they were absolute monarchs . but how came they of subjects to be absolute monarchs ? was it any otherwise then by force and arms ? the way that the saxons , danes , and normans made themselves masters of this people , and was not the right of the people as good against them for the power of resistence , by vertue of the first election , as well as of the people of this land , against their kings after so many conquests ? this i speak not , as if the kings of this land might rule as conquerors : god forbid . but to shew this slender plea of the first election can no more take place against the kings of this land , then it could against the romane monarchs , especially according to their argument , that hold all power originally from the people , and that ( as we observed above ) to be the fundamentall of all government . therefore whether kings were in this land at first by election or no ; we acknowledge what belongs to the duty of a prince in doing justice and equitie : what grants also , laws , priviledges have since those conquests been procured , or restored to the people : unto all those the king is bound . but yet not bound under forfeiture of his power to the people : which now comes to be examined in that capitulation or covenant he is said to enter with the people . in the next place therefore : that capitulation or covenant , and the oath which the prince takes to confirme what he promiseth , are so alledged , as if the breach or non-performance on the princes part were a forfeiture of his power . but we answer , the words capitulation or covenant are now much used to make men believe the kings admittance to the crown is altogether conditionall , as in the meerly elective kingdomes of polonia , swedeland , &c. whereas our king is king before he comes to the coronation , which is sooner or later at his pleasure , but alwaies to be in due time , in regard of that security his people receive by his taking the oath , and he again mutually from them , in which performance there is something like a covenant , all but the forfeiture . the king there promises and binds himself by oath to performance . could they in this covenant shew us such an agreement between the king and his people , that in case he will not discharge his trust , then it shall be lawfull for the states of the kingdome by arms to resist , and provide for the safety thereof , it were something . if it be said , that so much is imployed in the first election . we answer : we examined that slender plea of the first election above , as it was thought to be a derivation of power . now as it is thought to have a covenant in it : we say , that usually in all empires the higher we arise , the freer we find the kings , and still downwards the people have gained upon them : for at first when the people chose their rulers , they did as justine in the beginning of his history observes , resigne themselves to be governed by such , of whose prudence and moderation they had experience ; and then , arbitria principum pro legibus erant , the will and discretion of the prince was law unto the people ; but men were men though in gods place , and therefore for the restraint of that power , with consent of the prince , such laws have been still procured by the people as might make for their security . now from a promise the king makes for doing justice ( the duty of every prince ) for the continuing those priviledges , immunities , that have been granted or restored to the people , and for the observing of those laws that have been established with the princes consent , and from that oath ( by which for the greater security of the people he binds himself to the performance of the premises ) to infer a great obligation lyeth upon him , is right : but to gather thence a forfeiture of his power upon the not performance , is a plain but dangerous inconsequent argument . and though such argument may seem to have some force in states meerly elective and pactionall , yet can it never be made to appear to any indifferent understanding , that the like must obtain in this kingdome . and to this purpose phil. pareus excuseth what his father had written more harshly upon the . to the romans , in the point of resistence , that it was to be understood of elective and pactionall government , not to the prejudice of england , or such monarchies . for where the king , as it is said , never dyes , where he is king before oath or coronation , where he is not admitted upon any such capitulation as gives any power to the people , or their representative body , as is pretended to : nay , where that body cannot meet but by the will of the prince , and is dissoluble at his pleasure ; that there , in such a state , such a power should be pretended to , and used against the prince as at this day , and that according to the fundamentalls of such a state , can never appear reasonable to any indifferent judgement , much lesse satisfie conscience in the resistence that is now made by such a pretended power . what then shall we say ? is the king not bound to perform ? yes , by all means . or ha's he not a limited power according to the lawes ? yes . what then if he will take to himself more power , or not perform what he is bound to ? suppose that ; ( though thanks be to god we are not come to that . ) then may the subjects use all fair means as are fit to use , cryes to god , petitions to the prince , denials of obedience to his unlawfull commands , denials of subsidie , ayd , &c. but are they left without all means to compell by force and resistence ? this however it may at first sight seem unreasonable to the people and very impolitick to the statesman , yet ha's scripture forbidden it , as before was plainly shewed , and so doth reason too , as will apeare in the examination of their last proofe they make for re-assuming this power and resisting , from that necessity of means of safety , which every state is to have within it self : of which now . sect. v. in the last place it is thus reasoned , were it not so that the two houses might take and use this power , the state should not have means to provide for its own safety , when the king shall please to desert his parliament , deny his consent to their bills , abuse his power , &c. so they . when right and just will not defend a thing , then necessity is usually pleaded ; as if , because salus populi in a good sense is suprema lex , every thing must be honest which is spartae vtile , imagined to conduce to the proposed end . we answer therefore ; first , they have many weapons sharpened for this resistence at the philistins forge , arguments borrowed from the romane schools , among them this is one , the very reason that is made for the popes power of curbing or deposing kings in case of heresie . for if there be not that power in the church , say they , then in case the civill magistrate will not discharge his trust , the church ha's not means for the maintenance of the catholick faith and its own safety . well , as we reply to them , the church has means of preserving the faith , such as god ha's appointed , though not that of one visible head , which though at first seems plausible , for preserving the unity of faith , yet ha's experience shown it to be indeed the meanes to bring much mischief upon the church : so to the other we say , the state ha's meanes of preservation such as the law ha's prescibed , though not such as are here pretented to in this power of resistence ; which though seemingly plausible , yet true reason will conclude them dangerous , and at this day , god knows , we see it . of this in the fourth answer more particularly . secondly , if every state ha's such means to provide for its safety , what means of safety had the christian religion under the romane emperours in and after the apostles times ? or the people then enslaved , what means had they for their liberties ? had they this of resistence ? tertullian , in his apol. sayes , the christians had number and force sufficient to withstand , but they had no warrant ; and the apostle expressely forbids them and all other under the higher power , to resist . if it be replyed , as it was above touched , that things being so enacted by law , it was not lawfull for them to resist . i answer : but it is known that not onely those edicts which concerned christian religion , but also all other that proceeded from those emperours and enslaved the people , were meerly arbitrary and enforced upon the senate , and that the senate did not discharge their trust in consenting to them , and therefore according to the former position the people might resist , notwithstanding the apostles prohibition , or else no means of safety left in that state . so would it be in this state , if at any time a king that would rule arbitrarily , as those emperours did , should by some meanes or other work out of the two houses the better affected , and by the consent of the major part of them that remaine , compasse his desires ; might the people then resist ? the apostle forbids it to them as well as to the romans in such a case : if so , where are these means of safety by this power of resistance ? or are these means of safety extinct in the consent of the senate or the two houses ? no , the people will tell them they discharge not their trust , they chose them not to betray them , enslave them ; but according to the principles now taught them , they might lay hold upon this power of resistence ; for their representative body claims it by them . thirdly we answer , we cannot expect absolute means of safety and securitie in a state , but such as are reasonable ; and such are provided , especially in the fundamentalls of this government , by that excellent temper of the three estates in parliament there being a power of denying in each of them , and no power of enacting in one or two of them without the third ; which as it is for the securitie of the commonwealth ( for what might follow if the king and lords without the commons , or these and the lords without the king , might determine , the evills of these dayes do shew ) so is this power of denying , for the security of each state against other , of the commons against the king and lords , of the lords against them : and must the king trust onely , and not be trusted ? must not he also have his securitie against the other , which he cannot have but by power of denying ? this is that temper of the three estates in parliament , the due observing whereof , in the moderate use of this power of denying , is the reasonable means of this states safety : but now not onely the name of parliament , which implyes the three estates , is restrained usually to the two houses , but also that temper is dissolved . i need not speak it , the distractions and convulsions of the whole commonwealth , as the distempers in a naturall body , do sufficiently shew such a dissolution , and what 's the cause of it . if it be replyed , as it is , for the reasonablenesse of these meanes of safety through that power of resisttence and the final trust reposed in the representative body of the people , that many see more then one and more safety in the judgement of many then of one . answ. true . but . conscience might here demand for its satisfaction , why shovld an hundred in the house of commons see more then three hundred ; or twenty in the lords house , more then sixty that are of indiffereent judgement and withdrawn ; . reason doth suppose , that the prince , though one , sees with the eyes of many , yea with their eyes who are of different judgement from him , for which his . houses of parliament are his great councell to present to his eyes the differences of things with the reasons of them ; and albeit he sometimes dissents from the major or prevailing part , because he is convinced in his own judgement they seek themselves nor his or the publike good , or for other reasons that may perswade him against their vote , yet have all times thought good to have kings , and to reduce the judgement of many unto one . the government which god made choice of to set up among his people was monarchicall still ; first in moses , then in the judges , then in the kings ; yea generally all authors yeild , and experience ha's taught it , that monarchy is a better government then aristocracy , because the tyranny and miscarriage of one , sometime happening in a monarchy is nothing so dangerous as oligarchy , faction , and division usually incident to aristocracy or the government by many equalls . again , as all times have thought it reasonable to have monarchy , which settles the chief power and finall judgement in one ; so will there be alwayes sufficient reason to withhold the king from a wilfull deniall of his consent to the free and unanimous vote of his houses : he cannot but see there will alwayes be some necessary good accrewing to him by his parliament , that will keep him in all reason from doing so : and no cases can be put or inconveniences feared upon his power of denying , but greater and more eminent will appeare upon his not having it , as ha's been insinuated , and now do follow . fourthly therefore and lastly we answer . such power of resistence would be no fit means of safety to a state , but prove a remedy worse then the disease . this is very plain by the drift of the apostles reason which he gave against resistence , in the , , , . v. of the . to the rom. in which we may consider , that , although the powers then were altogether unjust , tyrannicall , subverters of true religion , nothing answerable to the end for which the governing power is ordained , yet doth the apostle draw his reasons against the resisting of them , from that good , that justice , that order for which god hath set up the higher powers ; to insinuate , that the resisting of the higher powers , even when they are so , does tend to the overthrow of that order which is the life of a commonwealth ; and this not onely because there is still order under tyranny , but chiefly because , if it were good and lawfull to resist the power , when abused , it would open a way to the people upon the like pretences to resist and overthrow even powers duely administred for the executing of wrath upon them that do evill . i enter this dicourse , not to cast the least blemish upon parliaments ( which are an onely remedy for distempers of the kingdome ) not to reflect upon the intentions of those that are yet resident in that high court , ( unto god the judge of all , they stand or fall ) not to raise jealousies , but to settle conscience , and in the way of reasoning to shew according to the apostles reasons what dangers and evills may ensue upon this power of resistence . for first of all , this power of resistence , if admitted and pursued may proceed to a change of government , the principles that now are gone upon , and have carried it so farre as we see at this day , may also lead it on to that greatest of evils : and i have heard and seen it defended by the example of the low-countreys ; how they excuse it throughly , i examine not , but this i am sure they can say , that their prince , succeeding in the right of the duke of burgundie was admitted upon other conditions then the kings of england are : also that a contrary religion was enforced upon them by a terrible inquisition , whereas they that do resist the higher . powers here , do freely enjoy their religion , and have the princes promise and protestation for it . secondly , this power of resistence when used , and pursued , is accompanied with the evils of civil warre : former times shew it , and how little was gained by it beside the expence of bloud ; as when all was referred to the rule and disposing of the peeres , how long lasted it ? what security had the state by it ? and at this day we feel and groan under the evils brought upon us through this power of resistence , the law silenced , the property and libertie of the subject every where invaded ; and the lord knows when or how we shall be restored to them , or better secured in them by this way thirdly , we see the danger , ( if as it is now said , for the justifying of this power of resistence , the king will not discharge his trust , and therefore it fals to the representative body of the people to see to it , so ) the people being discontented , and having gotten power shall say , the members of the two houses do not discharge the trust committed to them , they do not that for which they were chosen and sent for , then may the multitude by this rule and principle now taught them , take the power to themselves , it being claimed by them , and say to them as numb. . ye take too much upon you , or as cade , and tylar , boast themselves reformers of the common-wealth , overthrow king and parliament , fill all with rapine and confusion , draw all to a folkmoot , and make every shire a severall government . these are dangers and evils not conceived in the phansie , but such as reason tells us may follow , and experience hath often , and this day doth shew us , do arise upon this power of resistence , and for the preventing of which , the apostle gave his reasons against resisting even of abused powers , as we heard above . lastly therefore , seeing some must be trusted in every state , 't is reason the highest and finall trust should be in the higher or supreme power , with whom next to himself god hath intrusted the whole kingdom , all other that have power and trust , having it under him as sent by him ; good reason i say that the supreme power ( which is worth of the subjects ) should have the best security on its side , for as much as order , the life of a commonwealth , is so best preserved , and not so endangered by tyranny as by factions , division , tumults , power of resistence on the subjects part , and this is according to the drift of the apostles reasons against resistence , as before they were laid down . well , now unto all that hath hitherto been said from scripture and reason , let conscience adde the oath of supremacy and allegiance , also the late protestation , and consider what duty lyes upon every subject by the former to defend the kings person and right against what power soever , and how by the latter he hath protested and undertaken before almighty god in the first place to defend the same ; and then what can conscience conclude from the premises ? that the prince hath his power for the good of his people ? true , but that power cannot be prevalent for the good and protection of his people unlesse it be preferved to him intire , unlesse he hath the power of deniall , and the chief command of arms ; or that the prince hath a limited power , according to the laws established ? true , but if conscience be perswaded he does not hold himselfe within those bounds so fixed , can it be perswaded also that the people may reassume that power they never had ? or take that sword out of his hand that god hath put into it ? no , conscience will look at that power as the ordinance of god , and the abuse of that power as a judgement and scourge of god upon the people , and will use not arms to resist the ordinance under pretence of resisting the abuse , but cryes and prayers to god , petitions to the prince , denialls of obedience to his unjust commands , denialls of subsides , aids , and all faire means that are fit for subjects to use , and when done all , if not succeed , will rather suffer then resist : so would a truly informed conscience resolve , were the prince indeed what he is supposed to be , and did he do indeed as the people are made to fear and believe he will do . hitherto we have been in the examination of the principle upon which they go that plead for resistence , and we have found both scripture and reason speak plainly against the resisting even of abused powers , professed enemies to religion , actuall subverters of the peoples liberties , how much more against the resisting of a prince that professeth the same religion which we freely enjoy , promiseth the maintaining of that and our liberties , onely upon a supposall he will not stand to his word , will overthrow all . this however it may seem lesse reasonable to the statist in the way of policie , permitting as little as he can to the goodnesse of the prince , or the providence of god for the safety of the state ; yet ought it to satisfie a christian in the way of conscience , which when it comes to a desire of being safe , will not rest till it have a sure ground , which here it hath against resistence laid downe by scripture and reasons even the apostles reasons so powerfull against resistence . the summe of all is this ; conscience hears the apostle expressely forbid all under the higher power to resist , finds no other clear scripture to limit it , finds that the limitations given will not consist with it , for the reasons of them ( that are drawn from the election of the people , and the covenant supposed therein , from the necessity of means of safety in every state to provide for it self ) were as strong in the romane state as any ; nay , are supposed by those that urge them , to be the fundamentals of every state ; and so resistence is forbidden as well here , as there in the romane state , which is also cleared by the apostles reasons , shewing the power of resistence cannot be the meane of safety , but strikes at order and power it self , though made against tyrannicall and abused powers , as before often insinuated . therefore conscience will not dare to go against the apostles expresse prohibition , lest it fall into the judgement denounced by him . but if there shall be any conscience as strongly carried away with the name of a parliament , as the papists are with the name of the church , and thinking religion may be defended any way , & that upon supposall that their prince is minded to change it , ( which is another humour of popery ) will not be perswaded that the resistence made upon the present supposall is unlawfull , against gods word , and reason ; i am sure such a conscience cannot be truly perswaded it is lawfull , but must want that clear ground it ought to have , especially in a matter so expresly against the apostle , and of such high concernment as damnation ; must needs runne blindly , and headlong by a strange implicit faith upon so great a hazard . sect. vi . now we come to the application of their principle to the present , where we must enquire according to the second and third generalls , whether the resistence now made be such as is pretended to by them in such a case as they supposed , and then whether conscience can be truely perswaded the king is such and so minded as in the case he is supposed to be . the chief considerations of these two generalls , are matters of fact ; the principle was examined by scripture and reason , these admit the judgement of sense , and are cleared by what we heare and see ; which judgement of sense is not so easily captivated by an implicit faith as that of reason is ; insomuch as conscience here cannot be so blinded but it may see , that ( were the principall good on which they rest , yet ) this resistence which they make , is not such as they pretend to , and that this king , whom they resist ; is not such as in the case they supposed him to be , not such as ought to be resisted according to their own grants . the second generall was , that the resistence now made is not such as is pretended to by them that plead for it , and therefore conscience cannot be truly perswaded it may lawfully bear part in it , or assist them that in the pursuit of it pretend one thing and do another . it was premised at the beginning that such a resistence should be omnibus ordinibus regni consentientibus ; agreed upon and undertaken by the generall and unanimous consent of the whole state , and that it should be onely legitima defensio , a meer defensive resistence ; and these laid down , not that i admit resistence however conditioned ( for all that i have said before doth altogether condemn it ) but according to their own grants that plead for it : to this purpose it is that they say the king is vniversis minor , lesse then the whole state , and every body naturally defends it self . therefore if a contention be between the plead and the body , it must in all reason be the whole body that is set against it ; and if there be such an appearing against the supreme power , as tends to resistence , the consent and judgement of the whole kingdom must be against him , or else every prevailing faction might indanger the state by causing such changes and evils as now it 's threatned with : this is the reason of this unreasonable power of resistence in the people . well then how shall conscience he perswaded that this resistence was agreed upon by an unanimous and free consent of the states assembled in the two houses , such as in this case may be called the judgement of the whole kingdome ? he that knows how the militia ( in which this resistence chiefly began ) was brought in , with what opposition , especially in the lords house , and by what number there at length was voted ; also how the like proceedings of resistence , that have been voted since , are declared against ; by a greater number of each house then do remain in either , such as have been cast out or withdrawn themselves upon dislike of these proceedings : can he , i say , that knows this ( and who knows it not , that hath eyes and eares ? ) be in conscience perswaded , that this is such an unanimous , free , and generall consent , the judgement of the whole kingdome ? for though a vote passed by a few upon the place ha's the power and condition of a vote for the formality of law , yet , if the question be , was this passed in full assemblies ; was it freely and generally carried ; did they all unanimously as one man consent unto it ? conscience cannot be convinced there is such efficacy in the place , as to make a few , the whole ; or their agreement to be that judgement : of the whole kingdome , that unanimous consent , which must be in the case of resistence , by their acknowledgement that plead for it . for were it in this case to be held for the judgement of the whole , which is passed by a few , then would the state be unreasonably exposed to that danger ( above mentioned ) which every prevailing faction might bring upon it under the pretence of the judgement of the whole kingdome . again , is conscience cannot be truely perswaded that this resistence is agreed upon with such a generall and unanimous consent , as they themselves pretend to , which pleade for this resistence , so can it not be truely perswaded that this resistence is such for the meer defensive way of it , as it ought to be according to their grants and pretences that appear for it . conscience here will see how to resolve , upon the triall of these two particulars , whether the king or they be upon the defensive part ? then , whether the managing of this warre or resistence on their parts , be so void of hostile acts , as the defensive way , which they pretend to , ought to be ? conscience will discern whether part is upon the defensive , by inquiring , first , who were first in arms ? he that can number the succession of weeks and moneths in his almanack may decide this . he shall find that armed men were thrust into hull , the kings arms seized against his will , the militia set up , and by that the kings subjects drawn into arms before the king had any thing to oppose but proclamations : that subscriptions for plate , money , horse ; that listing of souldiers for the field , and appointing of officer of the army were begun upon their part , before his majesty did the like . now resistence doth in the word it self and in their pretence presuppose a power and force first made against them , where as it is plain , they were still upon the preventing and forehand with the kin● , still shewed him example for what he has done since in the way of warre : yet must the people believe he raises the warre , and they are upon defence ; but conscience will not be so forced . secondly , by inquiring what is the c●●se of these arms ? what do they contend for ? and though it be clear , that if subjects be first in a●●s they cannot be upon the defensive , yet the consideration of the cause will more apparantly convince it , when conscience shall see it is not for what is pretended , but for something the king ha's right to deny , that this resistence is made . the preservation of religion and liberties is pretended , but can it be for either ? the king denyes them not : their religon they freely enjoy ; and was it ever known that subjects should rise in arms against their prince for a religion which he promiseth to maintain ? or does religion stand in need of a defense , which it self condemnes , a defence which would be a perpetuall scandall to it ? if therefore religion be the pretence , but no cause of warre , then is the warre raised on their part , the king is upon the defensive . or can it be for antient rights and undoubted priviledges that they contend ? the king denyes them not , promiseth all security so he may enjoy his own , and god forbid that either he or they should suffer in their just rights . but would any man ever have defended the revolt of the ten tribes , if rehoboam had promised to conserve their liberties ? what shall we then think of this geneall revolt from allegiance that ha's possessed well-near ten tribes of twelve ? they suppose he will not make good his promises , and therefore they will make all sure , seize his arms and forts , strip him of all , and if begin to stirre for his own right and dignity , then the people must be made to believe he makes warre against his parliament , intends to destroy their liberties . but can any man in conscience think his majesty since the beginning of this breach was ever in such a condition of strength as might threaten the libertie of the subject , or destroy parliaments , when as it was long ere he could with much ado attain to any reasonable means of subsistence , or to such a strength whereby he might seem to be able to defend himself ? to speak the truth , religion and liberties can be no other then the pretences of this warre , the king ha's fortified them so with many acts of grace passed this parliament , that they cannot be in that danger which is pretended for the raising of this warr . it must be something that his majesty does indeed deny for which the contention is raised : that we shall find to be his power of arms , and ordering the militia of the kingdome , his power of denying in parliament , his disposing of the offices of state , and such like ; also the government of the church and the revenue of it . in the three former he challenges his right , as his predecessours had ; the other he is bound by oath to maintaine as by law they are established . well , if these be attempted , and his majesty will not be forced from them , cannot yeild them up , but it comes to arms , then will conscience easily be convinced the king is upon the defensive , for the maintaining of what he justly holds his right , or is bound by oath to defend . and if we hearken to the peoples voice , for that commonly speaks the mind of their leaders , we shall hear them usually call this warre as they did that with the scots , the bishops warre . his majesty has indeed alwayes declared against the altering of the government of the church by bishops , being such as it alwayes had since the first receiving of the christian faith in this land , and of all other governments simply the best , if reformed from abuses and corruptions that have grown upon it , to the purging out of which his majesty is alwayes ready to agree . but be it the bishops warre ( though the abolishing of that government be but one of the many inconveniences which this power of resistence doth threaten this land with , and which the king has reason by power of arms to divert ) whether is it so just in subjects by arms to force a change of government which was alwayes in the church , and by law established , as it is in the king to defend the same as he is bound by oath ? it is clear which of the two are upon the defensive . the second particular by which the defensive way of this resistance is to be examined , was the managing of this warre on their parts , whether so void of acts of hostility as that defensive way should be which they pretend to . davids resistence made against . saul is frequently alledged by them , which example , though it will not countenance their cause ( as was shewed before ) yet might it tell them their demeanor should be answerable . he offered no act of violence to saul , but still gave place and withdrew from him : the spear indeed and the cruse david tooke away from the kings head , but it was onely to shew abners neglect , who had the command of sauls militia , and to testifie his own integrity , therefore he restored them before they were demanded , sam . but now the kings spear and his cruse , his ammunition , and his necessary provisions are taken away , intercepted , not restored , though often demanded , used against him with all advantage ; nay he is stript of the very power and command of arms , his officers and ministers thrust out , and other substituted , and by them his people drawn into arms against him . also by these that are in resistence against the king , his loyall and peaceable subjects are assaulted , despoiled of their arms , goods , estates ; their persons imprisoned , because they would according to their allegiance assist him in this extremity , or would not , contrary to their conscience , joyn with them against him . what conscience that will not follow this way with a stupid implicit faith can be perswaded that this warre is the defence of the subjects liberties , and not rather an oppugnation of them ? or that it is a meer resistence or withstanding of a force first made against them , and not rather a violent illation or bringing in of force upon those that were disposed to peace . therefore no conscience that ha's a sense of religion , or of that which is just and right between man and man , can beare a part in this resistence , for fear of that sentence of damnation which the apostle ha's laid upon it . sect. vii . but in the last place , if conscience could be perswaded , that it is lawfull upon such a case , as they make , to take arms and resist , and that this rising in arms is such a defensive resistence , as in such a case they seem to pretend to , yet how will it be perswaded that the case is now , that is , that the king is such as the people must be made to believe he is , unles it will as desperately offend against the rule of charitie , in so concluding upon the king , as it does against the rule of faith and perswasion , in admitting so uugrounded a principle as is now rested on for resistence : so that such a conscience shall have in its perswasion neither certainty of rule ; for the principle it goes on is false ; nor certainty of the case , for it knows not the heart of the king , to conclude for resistence upon supposals of his intentions , and in its judgement it will be altogether void of charitie . indeed it concerns all such as will resist upon the principles now taught to render their prince odious to his people under the hatefull notions of tyrant , subverter of religion , and laws , a person not to be trusted , or at least as one seduced to such evil designes , by wicked counsel . but what ? hath this king forbid the exercise of the religion established or left off to professe it himselfe ? hath he disclaimed his trust , or not upon all occasions promised justice and libertie to his subjects ? yea ! but they have cause to fear popery will prevail , and that he will not stand to his promises . it seems thy are men that would be loath to suffer for their religion , they are so ready to fly to arms to secure themselves ; but shall subjects rise in arms against their prince upon such remote fears and jealousies as these will appear to be ? when can such be wanting in turbulent minds ? when shall the prince be assured of safety ? this was the way that david himself was shaken out of his throne , and driven from jerusalem by absolom : this cunning rebell steals away their hearts by raysing jealousies in them , and an evill opinion of davids government , . sam. . . some ground it seems , he had for his treacherous plea , through the negligence of those that were under david ; but it was his villanie to make use of it to the alienating of the people from their king . accordingly let us now consider what slender grounds our people have for their fears and jealousies , then what security they have and mightt have against them , that it may appear how causelesse those jealousies are in themselves , how unjust causes of this resistence . if we examine the fears and jealousies that have possessed the people , we shall find them to be raised upon these or the like grounds . reports of forraign power to be brought in , the queens religion , the resort of papists to his majesty , his intercepting of means sent for the reliefe of ireland , from whence the people by their good teachers are made to believe , that he means to enslave this people , re-establish popery , and does comply with the rebels . in answer to all , which i needed not to say more then what michael the arch-angell to the devill that arch-accuser ; the lord rebuke thee , jude . but in particular ; for such reports of invasion from abroad , as were , before the setting up of the militia , given out to keep the people amused , the easier to draw them into a posture of defence as was pretended , all such are discovered by time to have been vain ; if there be now any forraign ayd , towards the king ( as all christian kings cannot but think themselves concerned in the cause ) it will be as just for him to use them against subjects now in arms , as it was unjust in the barons to call in the french against their naturall king . for the queens majesty ; her religion is no new cause , if it be a sufficient cause of jealousie to them , they have had it from her first entrance ; i would to god it were otherwise with her , that it would please the lord to open her eyes that she may see the truth and light of the protestant religion : onely this i must say , this is not the way to draw her to it , if she look at it in the doctrines and practises of these times she is not like to fall in love with it . for the resort of papists , and the kings entertaining them ; he hath often declared what caution he desired to use therein , till necessitie hath driven him to admit of some few into his army , which also he answered lately . let me adde this concerning the justnesse of it , if he hath entertained any into this service , he may justly make use of them . we see what manner of men were gathered to david in his distresse , . sam. . . and how false ziba bringing provision to the king when he fled from absolom , was entertained and rewarded , insomuch that the king ( when afterward he knew how ziba had abused him to gain his own ends ) would not reverse the sentence pronounced in his favour ; if therefore in this distresse after much forbearance our king hath admitted the help of some recusants , it cannot be alledged as a cause of the resistence now made against him , but that resistence was a cause of it ; and if the papist will shew himself a good subject , it is just and reasonable that the king when he is put to it , may admit of his help , and the more shame it is for them that professe the protestant religion to force him to it ; a scandall that would not easily be wiped off from our religion , were it to stand or fall , by the doctrines of this giddie age . lastly , his majestie hath written enough for the clearing himselfe from those false and odious imputations laid upon him in relation to the irish businesse . i have onely thus much to say , concerning any thing intended for the relief of ireland ; it was great pittie they should want it there , but it is more pittifull , the king should be forced to make use of it here . it is not long since our neighbour nation brought an army into the northern parts of this kingdome to the great detriment of the inhabitants there , and it was excused by invincible necessitie , which drove them hither . the necessitie his majestie was driven to is sufficiently known , and might excuse him , in taking his own where he meets with it , and drawing it from his service abroad to that which more nearly concerned him at home . and when his arms , moneys , and provisions are seised on wherever they be found intended for him , and imployed against him in a warre , the lord knows how unnecessary ; shall it not be lawfull for him to take some part of them where he finds it for his necessary defence ? indeed the distresse of ireland by the help of wicked pamphlets hath been used as a great engine to weaken the kings reputation with his people ; but upon whose account the heavie reckoning of that neglected cause will be laid , together with the disturbance of this kingdome , any man in conscience may easily discern , that sees what sufficient and reasonable means might have been had for the security of religion and liberties , and for the redresse of all just greivances before this time . which is the next thing considerable : what his majesty hath done and profered to exempt these scruples of fears and jealousies out of his peoples minds for religion , if it be a new frame they contend for , i must acknowledge he declares against all such ; but if they desire the continuance of that true protestant religion , which hath been professed without interruption from the beginning of the queens dayes , and established by the laws of this land , that he undertakes to maintain , that he hath protested in the head of his army to defend . for matter of church-government and discipline he hath offered any just reformation , even with a respect to tender consciences in point of ceremony , hath often called his two houses to the work in drawing up the grievances to some head . for priviledges of parliaments and libertie of subjects he hath given them the like promises with the deepest protestations ; and by an excellent moderation , amidst the pressures and necessities of warre , hath shown what respect he hath to the property and libertie of the subject . lastly , for his choyse of officers of state , he hath promised to admit any just exception , and thereupon to relinquish the person ; and as an assurance of all this , hath so farre condescended as to take away starre-chamber , high-commission , bishops votes , &c. and to grant the continuance of this parliament , and the constant return of a trieniall ; and now after all these promises and protestations , and so many reall expressions of grace , can any man in conscience think there was yet place left for propositions of such necessary concernment , that except they be granted this kingdome must be imbroyled in a civill warre , and the releif of ireland neglected ? i speak not this to cast any blemish upon the wisdome of the great councel , or upon their desires and endeavors to gain a greater security to the publick : but i would to god , the king were once thought worthy to be trusted a little , and that the consciences of his subjects were more respected , which cannot so easily be commanded into a resistence , being very tender in the points of damnation , and taught out of gods word not to raise so much as an evil thought against the king , much lesse to lift up an armed hand . every mans conscience now is solicited to adhere either to the king in this great cause , or to joyn with subjects in making resistence : to draw it from allegiance , tongues are set on fire of hell , which blast his majesties actions and declarations ; and books written by hellish spirits , enemies to peace and quietnesse , are suffered to issue forth into every corner of the land to possesse the people , that his promises are but words , his acts of grace were forced , he will not stand to them : it seems then he must by force of arms be compelled to be willing . but let us see whether a conscience that destres to be safe can be so perswaded in judging the actions and intentions of him ( to whom it owes the highest duty under god ) as first to conclude he intends not as he promises , and thereupon to resolve for resistence ? no , it will direct it self by the rule of charity , which is , not rashly to conclude upon the heart which it knoweth not , or to think any evill ; and if the difference be betwixt two , as in this cause , it will hold the rule of indifferency , impartially to consider the actions of both . conscience therefore that it may be informed of his majesties intentions , will it look upon him at such a distance as london , and reade him onely in those horrid relations that issue thence , and conceive of him as they report him to the people ? or will it consider some failings that necessity ha's inforced , or other accidentall occurrences have occasioned , and from these conclude intentions in him , contrary to all his promises and protestations ? this would be too partiall , too uncharitable : conscience ought alwayes to be tender in judging upon other mens intentions , especially those of the prince , and those to be concluded as evill , and to be made a ground for resistence , which runs the hazard of damnation . in the . chron. c. . . libnah is said to revolt from the king of judah because he had forsaken the lord ; a text that is objected to us , and should have been answered in the first part : but it is impertinent as all the rest are , for it neither proves the principle , that it is lawfull for the people to revolt when the king forsakes religion , but shews that such revolt is a punishment from god upon such a king , though a sinne in the people : nor doth it come home to the case : for there the king had forsaken : here is onely supposall that he will , and that groundlesse and unconscionable too . for as there was enough in david to clear those jealousies upon which that rebellion of the people following absolom was grounded , so is there on the kings part , to direct conscience against this desperate uncharitable judgement , if it look at those many acts of grace as new additions to that security , by which this state ha's so long stood , and from them conclude , he would not in a faire way deny any thing reasonable : if it consider those many promises strengthened with the deepest protestations , enforced with desires of successe from god according to his just intentions ; and all these , as proceeding from a king , under such affliction , in such danger , after such successe and experience of gods protection , approving thereby the reality and sincerity of his heart : what conscience can here conclude contrary intentions in him , and not think it blasphemeth god and the king ? furthermore , as conscience will not be uncharitable when it judgeth upon the intentions of another mans heart , so neither will it be partiall when it judgeth between two , unto which of them it should incline : and therefore he that is abused to believe amisse of his king , and solicited to enter this way of resistence , is highly concerned first to consider , whether they also that are the main directors of it , and to whom he would adhere , to discharge their trust they are called to , i say such an one , unlesse he will resigne up his faith to men , and receive their , dictates as the immediate rule of his conscience , must consider whether all be just and honest that is done in that way ? whether to divest the king of the power of arms and to use them against him , be to defend his person , rights , and dignity ? whether the forcing of the subjects property , to the advancing of this resistence , and the imprisoning of their persons for deniall , be the maintaining of the right and liberty of the subject ? whether the suffering of so many sects to vent their doctrines with such liberty , and to commit unsufferable outrages upon the publike worship of god , with such licentiousnesse , be a defending of religion and the established worship of this church ? all these duties every subject respectively is bound to discharge , and the neglect of them his majesty has chiefly charged upon those that he conceives the chief directors and actours in this resistance made against him , and every man in conscience ought seriously to consider it the necessity of the commonwealth is pretended to defend the not-defending of the premises ; when as no necessity may excuse any failings on the kings part , as if his promises , by which he stands obliged to his subjects , did not suppose they for their parts also should perform : i know not how some particular men may be engaged and contract a necessity of resisting , or seeking safety by arms ; but i am perswaded , no man in conscience can think it a necessity of the commonwealth to have all confounded , or of a christian to run the hazard of damnation by resisting . my conscience tells me , and qwill theirs one day tell them , how much they have to answer for not improving that grace and willingnesse , they had experience of in his majesty , and might still have found in him , to the speedy and happy reformation of this church and state ▪ i pray god to give them consciences truly inlightned , and bowels truely compassionate , that they may speedily and feelingly be sensible of the miseries this land groanes under , and faithfully examine how far they are answerable for them , by rejecting such reasonable means of security , as they might have 〈◊〉 for the safety of this state . amen . and now if there be any one that will run the hazard of this resistence , i desire he would first set his conscience before the tribunall of god , where it must appear , and consider whether it will excuse him there , when he ha's shed the blood of others , and expended his own , to say , i verily supposed and believed my prince would change religion , overthrow our liberties . i must tell him it will not be safe for him to present such a conscience at that barre , a conscience that wanted the rule of faith to warrant and perswade the lawfulnesse of resistence upon such a supposall , a conscience that wanted the certainty of perswasion that the princes heart ( which god onely knows ) was so inclined , a conscience that wanted the judgement of charity , in concluding such intentions in the king , notwithstanding all his promises and deepest protestations made in the time of his trouble , without which charity all is nothing though he layes down ( as he thinks ) his life for religion . such a conscience i must needs conclude sinfull , and liable to that which the apostle threatens vnto resistence , damnation . finis . notes, typically marginal, from the original text notes for div a e- . cor. . psal. , ps. . . notes for div a e- rom. . . sam. . . chron. . k. iohn . eccles. . an answer by letter to a worthy gentleman who desired of a divine some reasons by which it might appeare how inconsistent presbyteriall government is with monarchy. in which the platforme of that government is briefly delineated, with the tenents and suitable practices thereof. and withall it is demonstrated, that it is inconsistent with any government whatsoever; is full of faction, sedition and treason; an enemy to all peace, domesticall, neighbourly, brotherly, &c. against soveraigne authority, authority of all iudges, and iudicatories, entrenching upon all so farre, as there can be no liberty of person, trade, commerce or propriety, but at their pleasure who bear sway therein. maxwell, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an answer by letter to a worthy gentleman who desired of a divine some reasons by which it might appeare how inconsistent presbyteriall government is with monarchy. in which the platforme of that government is briefly delineated, with the tenents and suitable practices thereof. and withall it is demonstrated, that it is inconsistent with any government whatsoever; is full of faction, sedition and treason; an enemy to all peace, domesticall, neighbourly, brotherly, &c. against soveraigne authority, authority of all iudges, and iudicatories, entrenching upon all so farre, as there can be no liberty of person, trade, commerce or propriety, but at their pleasure who bear sway therein. maxwell, john, ?- . [ ], p. printed [by leonard lichfield], [oxford] : anno . attributed to john maxwell. place of publication and printer's name from madan. annotation on thomason copy: "july "; "bristoll". reproduction of the original in the british library. eng divine right of kings -- early works to . sovereignty -- early works to . a r (thomason e _ ). civilwar no an answer by letter to a worthy gentleman who desired of a divine some reasons by which it might appeare how inconsistent presbyteriall gove maxwell, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer by letter to a worthy gentleman who desired of a divine some reasons by which it might appeare how inconsistent presbyteriall government is with monarchy . in which the platforme of that government is briefly delineated , with the tenents and suitable practises thereof . and withall it is demonstrated , that it is inconsistent with any government whatsoever ; is full of faction , sedition and treason ; an enemy to all peace , domesticall , neighbourly , brotherly , &c. against soveraigne authority , authority of all iudges , and iudicatories , entrenching upon all so farre , as there can be no liberty of person , trade , commerce or propriety , but at their pleasure who bear sway therein . printed , anno . sir , yesterday you desired me to give you some proofes , by which it may appeare how inconsistent presbyteriall government is with monarchie . you were pleased to tell me that some good and worthy men doe desire to be satisfied in this point . it seemeth these men doe not think that presbyteriall government is destructive of the true necessary and perpetuall government of the church , which is episcopacie : instituted by christ , propagated by his apostles , and continued by uninterrupted practice above yeares in the church , and to this day retained in the greatest part of the christian world . we deceive our selves , to promise or expect to king or kingdome , prince or subject , peace and safety , or deliverance from our troubles and distresses , if we subordinate fundamentalls in religion , necessary truths , of faith , worship and government , to our publique or private civill good . nor am i able to expresse how high an impietie it is , at this time when god's hand is out against us justly for our sinnes , to be so disposed and fixed upon a resolution , that to redeem externall peace , we will embrace any government of the church , provided it be consistent with monarchy : and will not scruple , not onely to shake off the true and necessary government instituted by our lord , but by law , endeavor by highest authority to condemne it as antichristian . if this be not to frame mischiefe by a law , i know not what is . if this provoke not more wrath , more vengeance , make not the land spew us all out , i am infinitely deceived . we may promise to our selves that by such a course we may say like to the man in the gospell , soule take thy rest for many dayes , but it feareth me the successe and event shall be much like to his case . sir , i pray you consider what peace hath king or kingdome enjoyed here or in ireland , since episcopacy in scotland by law was damned , and the presbyterian anarchie ( the seminarie of all fude faction and rebellion as will appeare by what ensueth ) by law and supreme authority established . i cannot dissemble , but to a man of your worth and integritie i must unfold my selfe : i admire to see too too many amongst us here ( where is great plenty of able gentlemen of excellent learning , worth , wit , and all other perfections & endowments , as in any nation besides ) to be so prepared that they are too too inclinable , if not actually resolved , to admit and authorize in this kingdom and church what they know not : and to forsake that happy native proper government of the church , the sweet fruits of which they have reaped so many yeares to the admiration , if not envy , of other kingdomes , states and churches . this is samaritan-like to worship that we know not . or athenian-like to consecrate an altar and to sacrifice to an unknowne god . your worth and noble favours oblige me so much to you , that i cannot chuse but obey your command . and for your satisfaction , i present you with a short view ( as in a mappe ) of presbyteriall government : give you a little touch of their maximes , and suitable practices , and that with as much truth and honesty as your goodnesse expects from me . by which it will be more then apparent , that presbyterie , as it is at this day somewhere within his majesties dominions , is not onely inconsistent but also destructive of monarchie ; and where it obtaineth , it disturbeth the quiet and peace publique and private of king and kingdome . this is that you desire , and to satisfie you , to this i confine my selfe . this presbyteriall government within it's verge hath foure iudicatories . . a parochiall session . . a presbyteriall consistorie . . a provinciall synod . . a generall assembly . the parochiall session moveth in the lowest sphere . the generall assembly is the primum mobile , the highest orbe , which carrieth all with it's motion , although the rest have their proper and specifick motions . the other two are in the middle , and interjected orbes . i shall begin at the lowest iudicatorie , and so shall orderly ascend to the supreams . of the parochiall session . every parish hath one or more ministers . if more , all of them are equall in all honour and jurisdiction , onely the senior hath the precedencie . to the minister , or ministers of each parish , to make up a session , in which is fixed the parochiall iurisdiction , a competent number of lay-elders , ( whom they call , presbyteri non docentes ) and deacons , proportionable to the precinct and extent of the parish , are conjoyned : which associate body thus compacted , is the spirituall-parochiall-sanhedrim . this session sits once a week , or oftner , pro re natâ : in which all parochiall cases , which concerne externall order and censure , are determined and ordered . if there be but one minister in the parish , he is constant moderator ; if there be more , they moderate by turnes , either weekly , or monthly , as they agree . whatsoever thing is ordered , determined , or decreed , is done by the joynt-consents of the minister , lay-elders , and deacons , or by the plurality of voyces . the minister , who is the moderator , hath no casting , no negative voyce . the power of all iurisdiction , is radically , and equally in all : for binding , for loosing , for all censures ecclesiasticall , for orders which concerne externall order and worship . so the power of the keyes is as much in the lay-elders , and deacons , as in the minister or ministers . what sacrilegious intrusion upon sacred orders this is , i need not informe one of your understanding . to make this frame good , they maintaine that iure divino there be foure orders of ecclesiasticall offices , ( allow me to speake in this epistle all along their dialect ) or persons . . preaching-elders , whom they call ministers . . doctors , these are professors in the chaire , such as are in vniversities . . lay , or ruling-elders , who now have vocem deliberativam & decisivam in rebus fidei , cultûs , politiae , and in foro exteriori ecclesiae , in censuris ecclesiasticis are as much interessed and authorized , as preaching-elders . . deacons , who have trust of the meanes , and monies destinated for pious and charitable uses . this is very considerable too , that although they hold these foure orders and offices necessary for the government of christ's church , de iure divino , by divine right and institution ; yet neither the parochiall conclave , nor any presbyteriall consistory ( except it be where the presbyteriall seat is in a city where an university is ) have any doctor or doctors amongst them . nay which is more , nor be any such in their generall assemblies , or if they be , they appeare only in that capacity as commissioners from , and for the vniversity . it is worth your notice taking , that their lay-elders and deacons are yearely elected . here is truly verified of them , that , hodie clericus , cras laïcus . the things within the compasse of session-jurisdiction , are , things meerly parochiall , the ordering of the parish-church and peculiar service , the censure of lesser scandalls ( i must speak their words ) as fornication , drunkennesse , scolding , profanation of the sabboth ( they mean the lords day ) &c. capitall scandalous crimes , or scandalls of highest straine , are reserved as cases of peculiar jurisdiction for the presbytery ; as also lesser offences when they are attended with obstinacy , and what is censurable or punishable by the greater excommunication . if i mistake not , they know not much , at least use not much the lesser excommunication . in the cases above mentioned the cognition , examination , and iudgement of the cause is proper to the presbytery , the minister with his parochiall conclave , are only the executioners . if any parochiall difficult case occurre , which this parochiall sanhedrim cannot determine , the use is to consult with the presbytery . when the session censureth any delinquent , or scandalous person , they order his publique and solemne repentance ( if by some superiour judicatorie it be not determined ) as they think fit by plurality of voyces : after performance of which order , the penitent is received into the communion of the church . but before the delinquent be admitted to doe his repentance , he is fined in a pecuniary mulct , at their discretion , proportioned to the demerit of the offence , and the ability of the person , as he is poorer or richer . it is true , this mony is , for the most part , imployed to pious and charitable uses . as they punish by pecuniary fines , so corporally too , by imprisoning the persons of the delinquents using them disgracefully , carting them through cities , making them stand in iogges , as they call them , pillaries , ( which in the country churches are fixed to the two sides of the main doore of the parish church ) cutting the halfe of their haire , shaving their beards , &c. and it is more then ordinary , by their originall and proper power , to banish them out of the bounds and limits of the parish , or presbytery , as they list to order it . is not this potest as utriusque gladii ? & would not a good learned iurist say , that this is not only intrusion upon meeriy civill power , but upon the very royall rights themselves ? the imperiall law , if i be not mistaken , maketh banishment so peculiar to the soveraign authority , that without it's power and consent , it cannot be inflicted upon any civis , any subject . their ordinary practice more in this is ; that when a pecuniary mulct is inflicted , if the delinquent pay not the defined and determined summe , or at least give security for the payment of it , although he should testify all the contrition is requisite , by humble confession , and offer most willingly to doe all pennance , to give all satisfaction , he will not be admitted to satisfy publikely : nay he is proceeded against for contumacie , and they will threaten excommunication . nor is that to be passed by , that if a child be borne in fornication , and either of the parents hath not satisfied the church ; they will refuse to baptise the poor infant , till the church get satisfaction . this is consonant with scripture , anima quae peccaverit , ipsa moriotur . it is fit now in the next place to speak of the presbyterie . vvhich is the next iudicatory , to which the session is subordinate . it hath in it somewhere more , somewhere fewer parish-churches ; as some are made up of twenty , some of twelve , some of fewer . all persons within these parishes , within the precinct of this presbyterie , of what quality soever ( the king , or his family herein are not exempted ; nay nor from the jurisdiction of his parochiall session ) are under the power and jurisdiction of this grand consistory . the members constituents of this presbytery are all the parochiall ministers within its compasse , and a lay-elder for each parish . the lay-elders are in number equall to the preaching elders ; and in power , voyce , iurisdiction , in haeresie , idolatry , worship , censure , &c. are par● consortio honoris & potestatis praediti , are so equall and un●●o●me , that a plowman from the plow , or a tradesman from his shop , sitting there in the capacity of a lay-elder , his voyce is as good as the voyce of the most reverend and learned divine , if any be there . they maintain a parity in all , only a little difference in this , that a lay-elder cannot be moderator . yet have they no canon for it . and we are able to prove by their books , that men who were never in sacred orders of priest or bishop , have been moderators , not only of their presbyterie , but of their so much idolized generall assembly . mr robert yoole , who was never priest , nor deacon , onely reader in st andrews , was in one turne , for a yeare , or halfe a yeare , or some lasting time , moderator of the ptesbyterie of saint andrews , and mr george buchanan , who was never church-man , and mr andrew melvil who had never the order of deacon , both of them have been moderators of their great generall assembly . the cases proper to this iudicatory , are first , such as are from every individuall parish within its compasse referred , or presented . . all crimes and scandalls of highest straine , namely such as are civilly punishable by death . . all crimes which come under the censure of excommunication . . all appeales from sessions . . all differences which cannot be composed or determined in the parochiall conclave . . the visitation and censure of all what is amisse in every parish , either in preacher or other . . the appoynting of readers , and schoolemasters . they meet once a week in some places , in other places only once a fort-night . all the ministers in their severall turnes , at their meeting exercise , as they call it ; that is , there is appoynted by the presbyterie , some one book of old , or new new testament , which every one by turnes in his own course interpreteth in the parish church , where the presbytery doth meet . two alwaies speak , the first from the readers desk or pew ; the other , in some other place distant from him , but convenient for hearing . the first analyseth , interpreteth , and taketh away the doubts of his text ; and ( as they enjoyne ) he is bound to the doctorall part . the second , when the first hath done , addeth to what is said : hath a warrant to supply the defects , or correct the errors of the first speaker ; but especially his charge is the pastorall part , to apply the text , and bring it home to the affections . there be ingredients in this exercise , such as god's church before this late age never knew , a kind of creatures whom they call expectants . these are students in divinity , or country schoole-masters , or such youths who are bred with some gamaliel ; who after that they have given their private trialls , by preaching and dispute , are enrolled expectants of such , or such a presbyterie . these must keep their turnes in exercising , and adding ( as they call it ) with the actuall ministers , ( so they call them ) and once admitted to that presbyterie , may , whensoever employed , preach in any parish church within the bounds of that presbyterie , doe all ministeriall acts , except baptize , or give the sacrament of the lords supper , ( for ought i know , there is no consecration used by them in that holy action , but a meere thanksgiving ) nay they may be constant helpers , and copreachers with a rabbie , if hee , the parish , and presbytery agree to it . i pray you shew me where ever you read of such a profanation , that a lay-man without orders , imposition of hands , shall be a publique preacher of god's word , and intrude upon this sacred function . these , for the most part , were the beardlesse boyes king iames , of blessed memory , mentioneth in the conference at hampton court , who would brave him to his face . pag. . within one county there may be two , or three , more or fewer presbyteries , according as there be more or fewer parish-churches ; and yet all these presbyteries are independant one from another : only it is remarkable , that the presbyterie of edenburgh , because ( as they speak ) it is seated on the watch-tower , hath well nigh obtained by custome , and other meanes , a superintending power , over all other presbyteries ; and other presbyteries many times send thither to have resolution of their difficult cases . the reason is , besides the eminency of this city by its wealth , and the residence of all highest courts of iustice there ; although this allobrogicall brood maintaine parity , there be notwithstanding some few patriarchs , who rule and over-rule all , who lord it , and pope it over the lord's inheritance , and in this city ordinarily are some of these patriarches : and the responsa prudentum from hence , are received as oracles by remote presbyteries , and reverenced as answeres by vrim and thummim . there is none who liveth within the verge of a presbyterie , but is answerable to this classis and iudicatorie , and must appeare whensoever , or for whatsoever cited . the king and his family are not exempted , nor priviledged : if he be cited , and appeare not , he may be excommunicated for his disobedience and contumacy : if he appeare , he must submit his earthly scepter , to that their scepter , which they terme the scepter of christ ; he must doe what is enjoyned . the presbyterie is independent from the crowne of an earthly king , who is gods and christs vicegerent in the generall kingdome of his providence only ; but this sanhedrim is christs vicegerent in his oeconomicall kingdome as mediator , as they speake ; and consequently to it he must vaile his crowne , submit his scepter , and from it receive christs law and ordinances . king iames of blessed memory knew this well , who therefore in that conference at hampton-court , pag. . saith , a scottish presbyterie , as well agreeth with a monarchie , as god and the divell , then iack and thom , and will , and dick , shall meet , and at their pleasures censure me , and my councell , and all my proceedings . then will shall stand up and say , it must be thus : then dick shall reply , and say , nay marry , but we will have it thus . and therefore here i must once reiterate my former speeches ( the king is answering to d. rainolds , who seemeth to begge of his majesty a presbyterie , or some thing like to it ) le roy s' avisera : stay j pray you for one seaven years before you demand that of me : and if you then find me pursey and fat , and my wind pipes stuffed , i will perhaps hearken to you : for let that government be once up , i am sure i shall be kept in breath , then shall we all of us have work enough , both our hands full . but d. rainolds till you find that i grow lazie , let that alone . it is more than notoriously knowne to many yet living , and is upon record in the presbytery bookes of edenburgh , how king iames , not once , but many times , hath sent men of honour and good quality , demanding , or rather requesting for some things at their hands ; who have heard the commissiones propose the king's mind ; but they , to keep the power and place christ hath given them in that dignity , suitable to so high a trust , have dismissed the gentlemen sent by the king without answer , and by an order of that spirituall house , have appointed one , or two , as commissioners of the presbytery , to goe to the king with their will and pleasure , loosing no thing of christ's authority , and carrying themselves with the king almost , as if two free estates , or two free kings had met , and were dealing together . as no person is exempted from obedience and submission to this power , so no crime or sinne whatsoever committed , or suspected to be committed , within the seignorie of this pettie principalitie . and that sometimes is so extravagantly and transcendently too look't after , and called in question , ( especeially if indiscreet zeale , or holy spleen work and move by the spirit on a holy brother ) that if there be a fact and fault committed , secret , or knowne to very few , it is brought forth to the light of the world : there is no care taken to reconcile the lapsed to god in a private way , and to conceale his offence , but disgraced he is publiquely . what sound repentance this may worke , judge you . how consonant this is to the apostolicall canon , they that sinne publiquely , rebuke publiquely ; and to the common maxime of the church , de occultis nonjudicat ecclesia ; he may easily see , who hath not divorced himselfe from common sense and reason . to cure these secret sinnes by the power of the keyes in interiori foro conscientiae , and to cover them with the mantle of charitie , smelleth rankly of auricular confession , popish absolution , and sigillum confessionis . see the conference at hampton-court , pag. . it is certaine , a foolish man revealing foolishly his faults to his wife , the zealous wife , upon some quarrelling betwixt her and her husband , hath gone to a good minister , revealed what was told her , and the honest impartiall minister hath convented the man , charged him with his sinne , and made him confesse , satisfie , and doe pennance publiquely . nay upon a surmise , suggestion , suspition , or any misinformation , if the minister , or lay-elder delate , ( that is present ) two persons to converse so familiarly , that it is to be feared that they are guilty of fornication , if they be unmarried , or of adultery , if both of them , or either of them be married , they shall be cited , and convented , examined by all proofes , presumptions , interrogatories , &c. whether or not they have sinned . if that the presumptions be pregnant , although no proofe be , they shall be put in close prison , fed on bread and water , kept that none may come at them , all members constituents of these iudicatories , appointed to try what they know against the next court day ; when no proofe can be had , and all the presumptions doe not fasten guiltinesse upon the accused , and the imprisonment and other hard usages cannot extort a confession , they are dismissed : but an act is enacted , that if those two persons suspected of fornication , or adultery , shall be seen to meet , or be in company together , except they meet in church or market , it shall be holden pro confesso , as confessed , that they are guilty of what they are charged with . nay sometimes the parties , although innocent , and no reall evidence being produced against them , are brought on the lord's day publiquely to the midle of the church before the pulpit , to declare , sometimes to confirme their declaration by an oath , that they are innocent and free of that crime wherewith they are charged . and sometimes they are forced to make their publique repentance in the church , upon a pillarie , for their unchristian behaviour : because that although the parties charged be free , yet their conversation hath been suspitious and scandalous . a whole volume might be written of young women by these courses disgraced and defamed : of many families divided and scattered , whereas before there was no jealousie betwixt the man and the wife . this iudicatorie of the presbytery is so high , and of so vast a latitude , that as the pope bringeth in all civill causes to himselfe as a competent iudge , sub formalitate peccati , so this papall conclave bringeth any thing , howsoever meerly and purely civill , under it's lash , sub formalitate scandali , as scandalous to a christian profession . it is not forgotten by many yet living , how the presbytery of edenburgh attempted to censure ecclesiastically the merchants there , for carrying wheat to spaine in time of a famine or dearth there , for this was to feed and maintaine god's enemies . but above all , that was a piaculum , an almost inexpiable sinne , to transport waxe to spaine , for this was to be accessory to idolatry , in respect the greatest part of this waxe was employed in making tapers and candles to the virgin mary , and other saints . in s. andrewes . i. t. was endebted to p. t. a considerable summe of money , the greatest part of his stock . i. t. delaying , or shuffling , or not able to pay p. t. at the day of payment designed in the bond , p. t. obtained before the lords of session a iudgement against i. t. with power to demand payment in the king's name , and upon disobedience to be out lawed and fall into a praemunire , or escheating of his moveable goods and chattells . i. t. bemoanes himselfe to the presbyterie . the presbyterie convents p. t. before them , threatens him with excommunication , if he did persist to put in execution the iudgement of the highest iudicatorie in the kingdom : and for feare of this dreadfull court and horrid sentence , he passes from his pursuit , continueth the demanding of repaying of his money . you see here what power this presbytery hath over all , and the highest of civill iudicatories . infinite instances of this kind may be produced , give me leave to adde one of a higher straine . the city of edenburgh , by the kings of scotland , amongst other favours and priviledges , hath a royall grant of a weekly market day on monday . this grant is confirmed by letters patents under the great seale , and by the standing lawes of the kingdome ; the presbyterie here by their transcendent sole authority , discharged any market to be kept on monday , the reason was , because it occasioned the travelling of men and horse the lord's day before , which profaned the sabboth . if the tradesmen , who found at home what losse they had by wanting their market , had not with force and violence opposed their soveraignty , and made them forsake it , it was like enough to have passed , and obtained longer . the most active in this case were the shooe-makers , who were most prejudiced by the discharge of the monday market . they threatned the ministerie right down , that if they persisted in that course , they would thrust them out of the gates of the city : which threats restored the monday's market . when king iames , that miracle of piety , learning , and royall prudence , heard of this , he with uncovered head , and lifted up hands , said to this , or much about this sense , i thank god the shooe-makers have more power to represse the insolency and violence of the presbyterie , than i and my councell both . it is knowne to many yet living , that they have cited before them noble men , and gentlemen of good qualitie , who had intended civill actions against their owne tenants before the ordinary iudge , and discharged them to prosecute them any further , under the paine of ecclesiasticall censures . this was in re civili , in a civill businesse , but modus considerandi , as they took notice of it , it was spirituall . and why ? because the holy brethren pretended , this did withdraw people from their lawfull vocations , bred strifes and contention amongst brethren , and did hinder the progresse of the gospell . as the particular ministers of individuall parishes are under them , so they find the tyranny of their archisynagog● , their prime leading ministers , in that measure , that their little finger is heavier then a bishop's whole hand and loynes . bishops are like to a paternall government , chastising with roddes ; but the presbyterians scourge them with scorpions ; any lord , knight , or esquire , who is cunning , and can by faire carriage , or otherwise , gaine favour or credit with some few patriarchall presbyters , he is able at pleasure to turne out an honest man ( who perhaps is too free in rebuking the gentleman for his sinnes , or cannot , or will not condescend to grant his unlawfull and unjust demands ) and to bring in one to his owne fansie and humor , with whom , and by whom , he is able to worke and effectuate his owne bad intendments . this holy sanhedrim , although the parochiall minister for intellectuall abilities , be sufficiently enabled , and for morall integrity be blamelesse , yet they will find it fit he be transplanted from that church , because the congregation is not edified by him , at a visitation the landlord is able to make all say and witnes they are not edified by him : or if a presbyter who hath more power with the dominus moderator , and his assistants , being in a parish of a small stipend , and espying somewhere a better parish , and an honest man in it , but not so much respected by the high priests of the sanhedrim , he will turne him out by the presbytery , enter the charge , and reape the benefit of a better parish , and place the other ( it may be , and often proves so , the better and worthier man ) in another parish of lesse worth , and deterior his condition . there needs no other reason for this , but that this sacred consistorie , directed and assisted with infallibility , doe find it e re ecclesiae , that it is for god's glory and the good of the church . i might instance a world of these examples ; onely let me tell you one of the presbytery of cooper in fife . a noble man there having one maister weymis , an honest man , a preacher and parson at one of the churches , the which whole parish belonged to the noble-man , used all the entreaties , all the threatnings he could , to perswade master weymis to make over to him , and his house , the right of the benefice , which if i mistake not , was a parsonage . the good man refused it : the noble man finding the man immoveable , having prepared the way with the ring-leaders , accuseth the honest man before the presbyterie , obtaineth sentence of removing maister weymis from that church and benefice , and bringeth in one m. scrogie , who with the consent of the presbyterie , sacrilegiously made over the right of the church to the noble man and his family . m. weymis was transplanted to another church . the right made over by scrogie was afterwards confirmed by act of parliament . king iames , when this noble man came to him , spoke to him to this sense . my lord , i wonder how you have so much power with the presbyterie to obtain such a thing , and work so strange a matter , i pray you teach me the way , for i would gladly know it . the noble man answered , to this sense or much about it , sir , you take not the right way , i prepared my businesse , by gaining the prime men to my course , i sent to a. b's house so much malt , and to c. d's house so much meale , to n. a carcasse of beeffe ; this got me the power to put away weymis , to bring in scrogie , and from him , with the consent of the presbyterie , to have the right of the parsonage impropriate to me and my house : sir , this course you must take , if you would work any thing by , or with these men . the testament of a gentleman of wit , and more then ordinary worth and esteeme , is to this day extant , ( although he dyed many years agoe ) wherein confessing his many sinnes ( he was much guilty of uncleannesse , and was of more then ordinary reach in politicall and subtile waies ) abhorring himselfe for them , and earnestly begging pardon , professed , and protested , that no sinne did wound his conscience so much , as his deep hypocrisie , who without the true feare of god , made great shew of religion where none , or little was , and to cover his sinnes from the world , to hide his shame , and the better to effectuate his private designes , he made much of some few prime leading ministers : by doing of which , he was not challenged for his sinnes ; and was enabled to worke his other ends . this hath been , and is this day a constant course kept by all of that cutte and coate . it is known , that no kingdom of the kings was so much infested with feuds , ( as they call them ) as that of scotland : nor was there any thing more ordinary , then neighbourly feuds in parishes , to be fought to the effusion of much blood , partly beginning sometimes within the church , and ended in the church-yard , where many times some were killed . and it was as ordinary to find each presbyterie divided in their affection and course , according as they affected the one , or the other partie . nor was scotland ever free of feuds , sheathing their swords in their neighbours bowells , murthering one another , till a little before king iames came into england ; nor did ever that kingdom enjoy such peace and plenty , as during the time of episcopacy . sir , by the few instances i have given you of many , you may see clearely , that presbyterian government is not only inconsistent with monaichie , but destructive of the liberty of the subjects person , and trade ; encroaching upon all authority , soveraigne , and delegate ; restraining at pleasure causes and suits commenced before iudges ; forbidding execution of iudgements obtained before the ordinarie iudges , repealing grants , letters-patents , rights and priviledges authorized by law : assuming to it selfe the civill power , exacting civill fines , pecuniary mulcts , inflicting corporall punishments , painfull and disgracefull ; defaming young , disgracing married persons ; & in briefe , is against the peace of the kingdom , of families and neighbours . and for their clergy or fellow presbyters , they tyrannize over their conscience , depose , or transplant them at pleasure , for reasons known to some few of the more active . it is proper now to speak next of provinciall synods . in describing of which we need not to insist much : for except that the iurisdiction is of greater extent and latitude , yet in its essentialls , constitution , and power , with the exercise of it , it is the very same . a provinciall synod is the apish imitation of a provinciall councell , consisting of a metropolitane , and the suffragan bishops of his province . with them , it is an associate body of the commissioners chosen out of all the individuall presbyteries within the precinct of the province . how many there be of them in the kingdom of scotland at this instant . i know not : but the kingdom is divided into so many provinces , as they in their prudence think it fittest for the government of the church . if i remember right , by their platforme of discipline , these provinciall synods are to meet twice a yeare , or oftner , pro re natâ . these synodall assemblies have a superintending and overruling power over all the presbyteries within the limits of that province . the cases proper to these courts are , . all matters which doe appertain to the whole province . . all ●●ferres from all presbyteries within its verge . . all cases of every severall presbyterie , which were difficult , and could not there be determined . . the due censure of all what is thought to be done amisse in any presbyterie within its lash . . what is ordered and decreed in those provinciall synods , tyeth all within the particular presbyteries and parishes , as well lay as clergy-men to obedience . any presbytery else , that moveth without the spheare of this province , is not tyed to obey what this decrees , by virtue of any authority flowing from it . the same course is holden in all things in the provinciall sanhedrim , which is kept in the presbyteriall consistory , so that i need not trouble you by resuming and repeating the like : only here is some peece and use of good policy , which is this ; in a province , there may be some foure or five , or six , or more knowing leading ministers , who over-rule different & distant presbyteries , & so cannot formally & fairely joyne their wits and power to compasse their common and private ends . the meeting of this provinciall synod occasioneth the meeting of those leading men in the same place ; who after that they have communicated counsells , and agreed upon the course , they are able to draw their brethren , their pupils of their faction , as sorvum pecus , slavishly , yet with much zeale to dispute , debate , and voyce for what they in their wisdome think fit for their own ends : which course layed downe , will be so prevalent , that if it be against king , country , preacher , or lay-men , in that concerneth the publike , or any private mans interest , to whom they stand engaged , it is to as little purpose to some good men to oppose , or moderate this course ; as to a man to stop a current of a flood , after a great inundation of raine , with his foot . there is another trick of policy too , whereby the apostles of this province advance their own credit , that the wisest of the nobility and gentry see who are the active and doing men , and having their particular interest many times , both in the publike , and their own private , they make their addresse to these popes , gaine them to their course , and strengthen themselves by the spirituall sword to distu●be the publike , or to gain their private ends , whether right or wrong . when the commissioners from hence returne to their severall presbyteries , they intimate to them , to command the particular ministers to preach in their parishes doctrine tending to the advancement of those designes : and this is so much obeyed , that the minister of the kings family , or parish , must sing the same song , although it concerne the king in his honour , or in that is most deare to him , and be to the prejudice of his person , soveraignty and government . these {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , these prime men of god , are attended and honored so by the subtle and cunning nobles and gentlemen , that they are well nigh deified ; in their comming to and fro , to assemblies , presbyteries , or upon other occasions , the most eminent of the province wait upon them , entreat them to come to their houses , set them at the head of the tables by my lady , provide for them the best chambers . and that you may know , howsoever they pretend parity , that it is protestatio contra factum , never bishop in scotland hath come into cities with such convoyes , been attended with such great personages , as some of this holy brotherhood . it is to this day remembred , that when mr robert bruce came from his visitation in the west , or south , returning to edenburgh , and entring by the canon-gate , king iames looking out at his window in his palace at halyrude house , with indignation ( which extorted from him an oath ) said , mr robert bruce i am sure intends to be king , and declare himselfe heire to king robert the bruce . if you would allow me upon this to digresse , i beg to be bold to tell you a true story , & the most insolent i beleeve you ever read or heard . when q. elizabeth was waxed old k. iames bethinking how to come at the peaceable possession of that right god and nature had entitled him to after her death ; & resolving to recall & pardon the earles of angus , huntlie , and erroll , ( who at that time were banished and beyond seas ) feared , if by himselfe , and his soveraignty , he should doe it , because they were professed papists , he feared the church would except against it , and move his subjects to sedition and rebellion : yet the noble men were most able to strengthen him , and doe him best service in the kingdom . to prevent this mischiefe , he sent one of his trusted and worthie courtiers to mr robert bruce , one of the ministers of edenburgh , who at that time had great sway in the church , desiring him to come to his majesty about some businesse of high concernment . mr robert did come . the good admirable king , welcomed him more then courteously , took him into his retiring or bed-chamber . spoke powerfully to this sense ; m. robert , i have sent for you to have your advice in a businesse of great weight concerning the peace of scotland and england , and which concernes me in right and honour most nearly . q. elizabeth , my sister and cousin , is sick and cannot live long , you know i have god's and nature's right to that crowne ; i cannot loose it in honour or in iustice , and yet my prayer to god is that i may come at my right without any blood . i know there is some faction in england against me , but my friends are more prevalent there . it concerneth me in the poynt of prudence , to provide that there be no faction and division in this my kingdom of scotland , for if this kingdome be all one way for me in hearty obedience and subjection , the disaffected party in england will be better advised , then to worke me trouble to their great disadvantage . now , saith the best and wisest of kings , i feare nothing , but that these three noble men beyond seas , because of their forfeiture , may be wrought upon by papists , encouraged and enabled by them there , and the english papists , who are most against my comming to the crowne of england , knowing i am a sound protestant , to come hither and trouble me and the peace of this kingdom . doe you not think it fit , that i give them a pardon , restore them to their honour and lands , and by so doing so gain them , that thus i may save the effusion of christian blood ? to this demand so piously made , the answer was , sir , you may pardon angus and arroll and recall them , but it is not fit , nor will you ever obtain my consent to pardon or recall huntlie . to this the most gratious king sweetly replied : mr robert , it were better for me to pardon and recall him , and not the other two , then the other two without him . . first , because you know he hath a greater command , and is more powerfull then both of them . . next you know i am more assured of his affection to me , for he hath married my deare and neare kinswoman , the duke of lenox his sister . his rejoynder was , sir , i cannot agree to it . the king out of the great depth of his wisdome and prudence , and his transcendent goodnesse , concluded thus ; m. robert i have imparted my most secret thoughts to you first before any , and to you only ; i am so confident of your zeale and good affection to me and my honour , that i entreat you to think upon this matter a day or two ; and after your better thoughts and prayers , returne to me , and tell me clearly what you think . thus was he dismissed with as much respect as the king could give to any of his highest subjects . the truth is , at this time this man had more power in edenburgh then the king ; and his credit there had a mighty influence upon all his sect , and many in the kingdom ; within a day or two he returnes to his majesty , yet , if i be informed right , not till he was called upon . when he entred the kings presence-chamber , the king took him in to a secret retiring roome as before , made the doore be shut , and speaketh to this sense : now m. robert , i hope you have thought more seriously upon that weighty businesse i proposed to you the last day , and have prayed god to direct you and me both , tell me then what you think of my purpose and resolution concerning those three noblemen . he returneth this answer ; sir , the more i think of it , the more i am confirmed in the advice i gave to you the last day . i agree with all my heart that you recall angus and arroll , but for huntlie it cannot be . the king resumed and repeated his reasons before mentioned , and added some more . he obstinately opposed and contradicted it . all doe know , who knew any thing of these times , that angus and arroll were as bigot papists , if not more , then huntlie ; there was no difference in religion : the truth is , master bruce was a lover of the earle of argyle , who loved not much the earle of huntlie . this was the spirit inspired him , as it seemeth . king iames desired his reasons : he gave none , but spoke majestically . then the king told him downeright , m. robert i have told you my purpose ; you see how nearely and highly it concerneth me ; i have given you my reasons for my resolution , you give me your opinion , but you strengthen it not with reason ; wherefore i will hold my own resolution , and doe as i first spoke to you . to the which , with christian and subject-like reverence , he returned this reply ; well , sir , you may doe as you list , but chuse you , yee shall not have me and the earle of huntlie both for you . sir , iudge by this in what case monarchie is , in such a government , for that this is truth , i am as much assured of , as morall certainty can assure any man of morall truth , which with his own eares he hath not heard . and yet this man was but minister of edenburgh . to returne thither , from whence we digressed , that you may know , that this great honour which is done to those great ones , the cabinet councell of all provinciall and generall assemblies , by these cunning and subtile nobles and others , is not done in the name of a disciple , in the name of a prophet ; reflect a little with your eyes , and consider how the same men respect and entertain their own parish minister ; when the gamaliels sits by my lady , the parish priest , will be below the candlestick ; and will be forced to come to his lord , or laird , and crouch down for a morsell of bread , and small peece of money . nay before the gamaliel be gone , he must prompt and catechise the poor stipendiarie how to carry himselfe with the lord and laird , not to exact too rigorously what is due in his competent stipend , nor in preaching , doctrine or discipline , to offend the lord or laird : such good christians , such iehoshua's , nehemia's , and esdras's , are to be much made of for the cause of god . i dare to say , never bishop or archbishop in england or scotland , hath used more authority , nor did ever carry themselves so arrogantly towards the meanest of their clergy , as these men doe over their simpler brethren . i come now at last to the generall assembly . this is the great and high sanhedrim ; the last resolution of faith is almost in this associate body . here christ sits in the highest glory and dignity he can upon earth . here is the ultimate decision of all controversies . here you may find really that fancied infallibility of the pope . the iurisdiction in this is universall in all concerneth ecclesiastica , ecclesiasticos , and what concerneth all temporalia in ordine ad spiritualia . the authority of it is soveraigne , independent from any , derived to them by trust immediatly from christ , to him alone they are accountable . whosoever obeyeth not this soveraignty , is to be excommunicate ; the magistrate is at their command , and as they prescribe , to punish in estate , in body , in life and death ; if the king obey not , he is to be excommunicated ; and to strengthen this , the nobility , gentry , collective body , nay euery individuall person is to concurre to compell and censure him to the utmost of his power , to punish , to dethrone , to un-king , to kill &c. let us come and see how this goodly iudicatorie is made up . it is composed , . first , of the commissioners sent from all the presbyteries of the kingdom . which ( as i heare and am informed ) is thus ordered . every presbytery sendeth out two preaching elders , and a lay-elder . by this it seemeth that the clergy hath the advantage . . secondly , therefore consider , that besides the commissioners from presbyteries , there cometh from every borrow and corporation one commissioner , and edenburgh , for some spirituall prerogative no doubt , is honoured and priviledged to send two . . thirdly , the vniversities and colledges send their commissioners , which for the most part are not doctors nor ministers , but lay-men and graduates in liberall arts and sciences . this will goe neare to equall the number of lay-commissioners to that of preaching ministers . the king is a member constituent to , and should be there either personally by himselfe , or virtually and representatively , in , or by his commissioner . he hath one voyce too , and that affirmative only . in what capacity they admit the king to be a member constituent of this spirituall court , i know not well if they be agreed upon it . some hold , that he is there as princeps membrum . by this i see he is the first gentleman there , and it may be , hath the right hand too . some say , as a representative of the civill body of the kingdome , & sits there in that capacity . all of them agree in this , that he is bound by his own presence , or commissioners , to see and provide that no disturbance or violence be offered . the king , if present , and his commissioner , if absent , have so much honour indulged to him , that he or his commissioner may have foure , five , or six assistants for advice ; but these synodicall fathers give their indulgences with such circumspect prudence , that to preserve christ's honour , and their owne entire , the king , or his commissioner may debate and advise with his councell , or assistants , or desire any of them to speak , while matters are in debating ; but when it commeth to the decision and determination by voyces , and plurality of voyces maketh the decree , the king has onely one voyce , and that affirmative onely , not negative . by this it is certaine , that if the greater part of voyces determine contrary to the king's voyce , nay to his mind and conscience , he is bound to put it in execution , for potestas iuris is radically in the whole assembly , the king hath no more but potestatem facti , to be an executioner rei iudicata , of the decrees ; otherwise he is censurable ; and if he be obstinately refractory , he is not worthy to hold his crowne . the king presides too , as they confesse ; but so , that it is onely civilly , and in his civill capacity . if i be not mistaken , yet i dare not avouch this confidently , the king hath not power to propose any thing spirituall , or that concerneth the church ; but if he doe it , it must be done by the right father of the assembly , the moderator . this i dare to say , that neither the king , nor his commissioner can hinder or oppose the proposing of any thing they think concerneth the kingdome of iesus christ . for this were no free generall assembly , and to limit the holy one of israell . nay if the thing proposed conceived by them to be spirituall , be so twisted with the things civill , that the ordering or establishing of it may carry along with it a change and distemper in the state and government , or import danger to the king and crowne , the moderator , or any commissioner hath power to propose it , determine it , and never to consider or reflect upon the danger of king , state , or kingdome , and that for god and christ's glory . the proper , naturall , and right president of this seraphicall iudicatorie , is one of the preaching elders although we observed before , how lay-men , as buchanan , melvil , bruce , have been moderators ) a lay-elder now cannot be moderator . here is the legislative power , here is the soveraignty of christs kingdome , here is the highest tribunall and iudicatory of christ upon the earth , from which no person , no office , no condition of creature is priviledged , from it lyeth no appeale . the king hath no power to appoint the time or place of this assembly , but once a yeare it must necessarily meet . and at the close of every assembly , the present appointeth the day and place for the next . if any great exigencie really , or in their fansie intervening , requireth the meeting of a generall assembly before the time determined , the commissioners from the assembly are to make remonstrance of it unto the king . whatsoever power the pope unjustly usurpeth , the catholick church , or her virtuall and representative , an oecumenicall councell , justly challengeth ; this generall assembly vindicateth to it selfe , onely authoritativé , by way of authority , within the church of the kingdome and nation ; yet consensivé , and charitativé , to extend to all neighbour churches in the world ; whatever it be that concerneth , fidem , cultum , regimen . &c. credenda , agenda . and yet if this infallible supreame iudicatorie would reserve to it selfe that jurisdiction is due to men in sacred orders , and which intrinsecally , radically , and originally is in them ex vi ordinis , although presbyters intrude upon higher callings , and they place all ecclesiasticall power , at least communicate it to lay people , the princes condition were tolerable : nay if they did onely trench upon what is due to soveraignty , and with which he is invested from god almighty , which is restrained ad externum hominem , and externum regimen , although soveraignty by it be brought into straiter & narrower bounds , a king might be in some poor condition , although robbed of his right . but when they come to this , that in ordine ad spiritualia , in order to spirituall things they will give the king lawes , repeale his lawes , command and expect performance and obedience , otherwise excommunicate , and if a king neglect that excommunication , incite inferiour magistrates , nobles , and commons , to bring him in order , to compell and force him ; he is in a worse condition under this soveraignty , then under the pope , by how much it is worse to a king to be subjected to an untamed furious beast , the multitude , then to the tyranny of one . all these lay-elders , all these commissioners from corporations and burrowes , are de jure divino as fully iudges in all matters of faith , worship , government ; iudges of haeresie , idolatry , superstition , of the highest points of orthodox and catholick mysteries , of the groslest and subtillest haeresies , arianisme , arminianisme , macedonianisme , montanisme , socianisme , anabaptisme , &c. as any man in sacred orders there , have vocem deliberativam , vocem decisivam , have a debating , discussive voyce , and concurre as much with the influence of their voyce to prescribe and give us normam sidei , cultûs , politiae , a confession of faith , a prescript for worship , canons for government and discipline , as ever bishops had in lawfull christian councells . bishops , limbes and members of antichrist , are no part of it . now is forgotten that of the councell of chalcedon , concilium episcoporum est ; and that old barbarous , but christian enough verse , ite foras laici , non est vobis locus yci . i would gladly aske of one of these rabbies and great masters in israell , how commeth it that the commissioners of burrowes sit there , voyce there ? are they too de jure divino , by divine right ? if they answer , that such are chosen as are , or have been lay-elders ; i rejoyne ; the lay-elders come in that capacity onely , as commissioners of the particular presbyteries : these are not members constituents of the presbyterie in that capacity , that they are , or have been lay-elders , but have right and interest in this high court in that capacity meerly , as commissioners of burrowes . look upon their acts of generall assembly , and you will find , that it authorizes commissioners from burrowes to be parts constituent of this iudicatory , quâ tales , as sent from the burrowes . againe i aske , seeing you make doctors one of your four holy functions ecclesiasticall , constituted by christ , in what iudicatorie find we them ? in sessions they are not ; in few presbyteries they be ; and if there , in some other capacitie . in generall assemblies , if any be , they appeare as commissioners from the vniversity , in this capacity onely . and many times it is seen , that professors of philosophie have been commissioners of colledges in generall assemblies . leaving these absurdities , which are monstrously grosse , i come to consider next , what is the soveraigne power of this high sanhedrim . if they would in christian moderation assume no more to themselves , but onely a directive power , and by humble remonstrances and supplications , with that reverence is due to soveraignty and majesty , petition the king to animate their acts , canons , and constitutions with the influence of his legislative power , this were faire quarter . but by your favour , no sooner have they enacted it here , and so soon as it is solemnly intimated , which is , by returning to every presbytery , with it's commissioners , a copie of the acts , orders and ordinances , and by the presbyterie's order every minister hath published them in the parish church ; all things so done are animated with a potestative power , by the influence these orders receive from that legislative power christ hath entrusted them with in his oeconomicall kingdome . all then are bound to obedience , if it be in the meanest indifferent thing , nay if this order crosse or repeale a standing law , all disobedients are liable to all ecclesiasticall censures , and may forth with be proceeded against even till they be delivered over into the hands of the divell . this assembly is above the king , to them he ought to give an account of his faith ; to their confession of faith he must conforme himselfe ; to their orders he must give obedience ; otherwise he is excommunicable , deposable . i feare you scarce beleeve me : yet truely non verenda retego , sed inverecunda confuto . i discover not the nakednesse of father , the shame of brother , nor friend ; would to god the tenets and practices were buried in hell , and the maintainers regained to god by true repentance , and forsaking their wayes : i discover onely things that are past all shame , and which our church can never owne . sir , if you will hardly beleeve me in this , let me give you their assertions in this case , and their conformable practice . it is their constant catholicke tenet , that if the king , queene , regent or protector , or whosoever he or she is , in whose person soveraignty is fixed , or in whose person it is representatively fixed , onely by a fiduciary trust , during the non-age of the prince or princesse ; will not submit himselfe to this holy scepter , will not according to it's prescript , reforme religion , preserve it in it's integrity , any man or men are bound to doe it at their direction . i spare martin . junior's faith in this , that there is no authority above the brotherhood . no magistrate ( saith he , thes : . . . ) may lawfully may me or deforme the body of christ , which is the church ; no lawfull church government is changeable , at the pleasure of the magistrate ; of necessity all christian magistrates are bound to receive this government . nor will i insist upon vigginton's assertion ; that what the holy brotherhood cannot obtaine by suite and dispute , the people must bring it to passe . you desire the tenets and practices of the church of scotland onely . the scot's maintaine , that if the king , or queene , will not reforme religion , they may take upon them by violence and power to reforme it . this they have learned of their grand-father knox , as you may read in an epistle of his written from deepe . anno. . and in knox histor. pag. . what is lawfull for reformation , is lawfull for preservation of religion . . and here they begin with the nobles : and determine right downe , noble men ought to reforme religion , if the king will not . knox , app. . againe , that god hath appointed the nobility to bridle the inordinate appetites of princes , and in so doing , they cannot be accused , as resisters of authority . knox , hist. . and , that it is their duty to represse the rage and insolency of princes . knox , app. . . in the second place , if the nobles will not doe , the people and commonaltie may reforme religion , at the order and direction of the brotherhood . knox , to the commonalty . fol. . . the commonaltie , by their power , may bridle the cruell beasts ; ( they meane priests and prelates ) knox to the commonalty . fol. . the commonalty may lawfully require of their soveraigne to have true preachers , and if he be negligent , they may themselves provide them , maintaine them , defend them , against all that doe persecute them , and may detaine the profits of the church livings from the other sort ; that is to say , priests , papists , prelates , and malignants . knox to the commonalty . fol. . . in the third place , if they come to the happinesse to have nobles and commons obedient to their commandements , for reformation , or preservation of true religion ( which must be so as they fansie ) i am deceived , if they allow not more violence , and esteeme it more piety , zeale , and justice . their tenets are . the commonalty concurring with the nobles , may compell the bishops to cease from their tyranny . knox to the commonalty . fol. . againe , the nobility and comminalty , ought to reforme religion , and in that case may remove from honours , and may punish such as god hath condemned , deut. . of what estate , condition , or honour soever . knox , app. fol. . . . in the fourth place , if the nobles will not joyne with the people or commonalty in the reformation , or preservation of true religion , at the direction of the ministery , the inferior magistrates may , and should doe it . knox , hist. p. . . in the fifth place , before so good a worke be not done , if nobles , or the whole , or greatest part of the commonalty will not be obedient , assisting , and ayding to so good a work ; every individuall man and person is bound to advance this good work , to kill papist , priest , prelate , malignant , nay a king , if he stand out an enemy to god , and christ , and cannot otherwise be reclaimed , or removed , nor by suite , or dispute gained to the right way , ( i dare say their doctrine leads to this ) see knox app. fol. . where roundly he saith , the punishment of s●ch crimes as touch the majesty of god , doth not appertaine to kings and chiefe rulers onely , but also to the whole body of the people , and to every member of the same , to revenge the injury done against god . againe see him fol. . the people are bound by oath to god , to revenge , to the utmost of their power , the injury done against god's majestie . to this purpose they alleadge the examples of phineas , who in his zeale killed the adulterers : of ehud , who in the same zeale killed eglon in his private chamber , ( remember he was a king . ) of iael , who killed sisera : of matathias , who in zeale killed a iew for committing of idolatry ; and who in the same zeale at the same time killed the king's commissioner . sir , put these things together , and see where this soveraigne supreame ecclesiasticall iudicatory hath such dominion and power over mens consciences , that being directed by their ministerie , they are bound to doe to the utmost of their power for reformation and preservation of religion , what sacred person of any king can be secured ? what man offending against the majesty of god ( which is as they fansie many times ) may not be taken away by one like to a ravilliack ? what commissioner or counsellor of the king but in doing his best service to his maister , he may be stoned like to adoram , and all this goe in popular esteeme currant for good service and extraordinary zeale to god and his cause . . in the sixth place upon those grounds covenants and confederacies come in to strengthen all , to joyne purses , persons , wit , and strength , contra omnes mortales , regiâ majestate non exceptâ , against king and bishop , prince and prelate , to the defence of the good cause ; with a combination , every one to be ayding , assisting and maintaining one another in so good a cause . . in the last place commeth their orders for reformation or preservation , and that by themselves and the collective body , or any associates whatsoever , without respect , reverence or obedience to the soveraign authority of the prince . the practice is cleerly seen in mr knox his proceedings , for after that by his letter , which we mentioned before written to scotland anno , . from deepe , and otherwise he had infused the above named principles into many , an oath of confederacy was taken amongst them , and subscription under their hands to some agreement . this gave life to that tumultuary reformation , much strength being added to it , by the concurrence of the sacrilegious , hoping thus to swallow up the church revenews . which is more then certain was against knox his mind , and the first reformers . as we deplore great losses the church had by this reformation , and doe thank god heartily for his admirable bounty and mercy in the good of truth we got by it , yet we will never wrong reformed religion so much as to account of that as an orderly reformation , we deny not but it was attended with much sedition faction and rebellion . anno . without the authority of soveraignty , nay without the knowledge of it , these confederates , at the direction of their ministery prescribe orders for reformation of religion to be observed and practised throughout the whole kingdom . see knox storie pag. . ● . they goe farther , they writ an imperious letter to the religious houses , in the name of the congregation , commanding all of them ●● remove from thence against such a day , or then they would eject them by force . knox ib. within very short time after , a parliament being holden by the queen regent , ( queen maries mother , and great grandmother to our gratious soveraign ) they make a protestation , that except they had their desires , they would goe on in their intended course of reformation , that neither they , nor any that joyned with them , should incurre therefore any danger in life , or lands , or other civill penalties , and that if any violence hapned in pursuit of those matters , they should thank themselves . it is very observable they were all bound in that confederacie to assist and strengthen each other in that course . see knox hist. pag. . first , here you have the direction of the ministery . next , you have a confederacy and bond of mutuall defence . thirdly , you have orders and decrees agreed upon in common . fourthly , you have warrants issued out to make or force all to be put in execution . fiftly , you have a protestation , and that a threatning one too , against the queen regent and whole parliament . sir , are those things consistent with monarchie ? what scripture ? what father ? what practice of the church doth warrant such a reformation ? come on , and you shall have them anon in open contemning soveraign authority . the queen regent to suppresse these beginnings , and to nip them in the bud , cites them to appeare at stirling . they appeare not . they are outlawed : all men under pain of treason are inhibited to assist them . there is no obedience , but all in the confederacie adhere to them . i cannot , for my part , justify this divinity . from disobedience and contempt , they are guilty of usurping the royall power , for v●ry shortly after , anno . immediatly after a sermon preached by knox in saint-iohnstowne , at his exhortation and direction , they fall to the pulling downe of the religious houses , and within two or three daies equall three of them to the ground . sir , can it appeare that by holy writ or reason such popular tumultuary reformations are warrantable ? is it not intrinsecally inherent in the crown or wheresoever soveraignty is fixed ? and so they proceeded in fife , angus , mornis , stirling , lowthian &c. and through the whole kingdom . see knox hist. p. . here were many goodly and rich churches spoyled , robbed , and cast downe . after this they disclaim soveraign authority , except it be as they please , and have their desires . the queen regent threatned s. iohnstowne where this disorder first was acted . they of the confederacy writ to her in plain termes , that except she stayed from that cruelty , they should be compelled to take the sword of iust defence , and protested , that without the reformation which they desired , they would never be subject to any mortall man . see knox pag. . more followed . by a letter they cite all their brethren to repaire unto them , and that you may know that their letters were authoritative commands , and that all the authority is from the independent soveraignty of the church , consider how they write to the nobility upon paine of excommunication to joyne with them . knox ibid. pag. , , . how much this ecclesiasticall soveraignty did exalt it selfe above the civill , is more then apparent in this , that when an herald in his coat of armes , commanded all men under pain of treason to returne to their houses , by publique sound of trumpet in glasgow no man obeyed that charge , but went forward to their associates , habes confitentem reum , knox . pag. . they denounce warre too , which was ever judged to be the peculiar specifick prerogative of soveraignty , for they writ to the bishops and clergy , that except they desisted from dealing against them , they would , with all force and power , execute just vengeance and punishment upon them : and that they would begin the same warre , which god commanded israell to execute against the cananites . which manner of proceeding , they termed a resisting of the enemy . knox . hist. , . the poor queen regent was brought to an accommodation , and the assembly at st-iohnstowne was dismissed . but there parting they entered into a league by oath , that if any one member of their congregation ( this in the scottish is equivalent to ecclesia ) should be troubled , they should all concurre , assist and convene againe together , for the defence of the same . knox . pag. . the queen regent finding this soveraignty overbeare her 's , and the peace of the kingdom shaken , by a declaration published and proclaimed , testified her desire of peace , and descended so much , that really it was onely a request . they scorned it , would none of it , confuted it by another , did exhort those of their faction to encourage themselves in the lord , to stand upon their guard like to the re-builders of hierusalem and the temple , with the sword in one hand and the bible in another , wherein they gave the queen many times the lye , and abused her with reproachfull and contumelious speeches . the subjects that continue their obedience are honoured with no better tearme then to be called the queenes faction . you may read this at leisure and pleasure in knox history . pag. , , , . nay , they renounce their obedience unto her , protested that whosoever should take her part , should be punished as traitors , whensoever god should put the sword of iustice into their hands . knox hist. p. . at last they rise to the highest pitch of rebellion , and anno. . they depose the queen regent , the predetermination being given , that it was lawfull for them to do so , by mr knox and mr wilcockes . this is upon record yet in that kingdome , and is set downe by m. knox himselfe . hist. pag. . . and it is observable , that the queen , if i remember right , lived but a month , or little more , after this pious act . sir , you will now say , that i speak too hardly of our first reformers and reformation , and would know what is my opinion of them and it . to deale clearly , god is my witnesse i am no papist , but doe abhorre popery as much as any , and that i am no puritane the other party wil witnesse for me . i am bound to speak the truth in my heart , and to give some satisfaction , i say . first , as i am able , i blesse and praise god most heartily that we were delivered from the popes tyranny , and that grosse aegyptian darknesse we were under : which i ascribe to the admirable wisedome and infinitely transcendent goodnesse of god . . next i leave the men to god's mercy , but for the manner of proceeding , the way they took , i dare not , i will not approve it : but will say with iacob , in consilium eorum ne veniat anima mea . . thirdly , i daily heartily bewaile that that too too much idolised reformation in an excessive hatred against popery , did runn too much to the other extreame , that the goodly order and government necessary of the church was shouldered out ; the publick service and worship of god with it's decency , reverence and comlinesse was much defaced , disgraced ; that goodly , stately and rich churches , were abused , robbed and equalled to the ground ; and that the church patrimonie was dilapidated : and yet this was not so much done by the first called reformers , as by their disciples , aetas parentum pejor avis . it feareth me , besides that god is punishing our present sinnes , that by this scourge , which is guilded with the specious , but spurious compellation of a glorious thorow , second reformation , he is in the same justice punishing the sinnes of that first reformation . for my part i judge verily that church had never an orderly and warrantable reformation , till it was happily begun and advanced by king iames when he took the government in his owne hands , and was like to come to a great perfection under the government of our most gratious soveraigne king charles . although i deny not but the seeds of truth were sowen by hamilton , wiseheart , mylne and others , who before knox his time did preach truth , cast downe the errors of rome in the peoples hearts , were farre from sturring up the subjects against lawfull authority , and like the ancient martyrs , did suffer patiently and seale the truth of the gospell with their blood . if knox and his complices had kept in this way i am certaine that church had been more happy : nor had we seen such robbery and deformity in the church . sure i am , great , many , and more then ordinary sinnes in them and us and our forefathers have brought us to be plunged in those almost inextricable miseries : and till we proportionably repent , we cannot look to see better dayes , what is disjoynted in state set aright , and the beauty of god's house restored ; which god of his mercy grant to us for his onely sonne iesus christ . by what is said , it appeares sufficiently that this spirituall soveraignty is farre above the king's crowne , and what we undertook , to make their practices prove their tenets , is more then evident , onely one thing rests to be proved , that this soveraignty may authorize any and every private man to doe to the utmost of their power for the reformation of religion , to plunder , kill , &c. sir , i referre you to mr knox history of the church of scotland , pag. , , . where relating how cardinal beaton archbishop of saint andrew's , ( a man whom i justifie not neither commend much ) was killed by norman lesley , iohn lesley , peter carmichael and iames melvil in his owne house the castle of saint andrew's , who were all onely private gentlemen , and if you will trust buchanan , the cause was a jarre betwixt norman lesley and the cardinal ; upon knox faith , the quarrell was the killing of m. george wiseheart ( a good man undoubtedly . ) the cardinal could have no mercy , although he cryed pittifully for it , saying , i am a priest ye will not slay me ; knox i say relating this history commends the fact of iames melvil killing him with grave and pious words in his mouth as a godly fact . the summe of the story is , when they entred the cardinall's chamber with some sixteen or seventeen more , iohn lesly and peter carmichaell fell violently and passionatly on him , but iames melvill with gravity and piety withdrew them , and said : this work and judgement of god ( although it be secret ) ought to be done with great gravitie . and presenting unto him the poynt of the sword , said , repent thee of thy former wicked life , but especially of thy shedding of the blood of that notable instrument of god m. george wiseheart , which albeit the flame of sire consumed before men , yet cries it a vengeance upon thee , and we from god are sent to revenge it . for here before my god i protest , that neither the hatred of thy person , the love of thy riches , nor the feare of any trouble , thou couldest have done to me in particular , moved , or moveth me to strike thee : but only because thou hast been and remainest an obstinate enemy against christ iesus and his holy gospell . and the meek man of god , as he is there termed , stroke him twise or thrise thorow with a stog-sword ; and he fell . i give all this that iames melvill did this in revenge of m. george wiseheart being slain by the cardinall . what divinity will warrant this fact of iames melvil's to be a good and godly fact ( for so it is noted in the margent ) to a privat man to murther or kill thus a priest an archbishop of so high dignity ? the result of all is , he did it gravely , in coldblood , told him so much , that he was sent from god , he had no private end , the motive sturred him up to this godly fact , was , that he had been and remained at that time an enemy to iesus christ and his holy gospell ; he exhorted him to repentance and for all his great sinnes , as knox writes the storie , he allowed him no more time , but so much as was spent in his godly harang : for immediatly after he was twise thrust thorow . but those seraphicall doctors know , nescit tarda molimina spiritus sanctus ; and the spirit can work suddenly , inter os & offam ; inter pontem & fontem , especially where and when they are sent of god to doe such great good works . but this is protestatio contra factum . what ever m. melvil said in his protestation , knox doth witnesse that the cardinall being murthered , they seized upon the artillery and ammunition , wherewith that fortresse was plentifully furnished , and likewise upon the rich hangings , houshold-stuffe of all sorts , apparell , copes , jewels , ornaments of churches , great store of gold and silver plate , besides no small quantity of treasure in ready coyne . i could instance some practices about the time of the parliament in anno . commonly called the marquesse of hamilton's parliament , but because that will only reflect upon some particular persons , i passe it willingly and wittingly . it is most certain when the pious and learned doctors of aberdene , did demand of the patriarches of this late covenant , why they did not by preaching , printing , censuring , or some reall deed expresse their detestation of that horrid fact done by the rascally-rout of edenburgh the . of iuly . where at the first reading of the service there , a great many bishops being in the cathedrall church , the serving-women rose barbarously within the church , did throw their stooles at the bishop of the place , and the deane who was officiating , did cry out most horribly , that the major , aldermen , and others within could hardly compose it for a long time , and the worst and basest of the people , who were without , did throw in great stones at the glasse windowes , the doores being shut . after the arising of the commotion , to prevent more tumult and danger , and when service and sermon were done , the bishops , major and aldermen going home with the lord chancellor and some bb. attending his grace , the bishop , and deane of edenburgh with others were well nigh stoned in the streets : when i say it was demanded of these apostles , why they did not condemne this unchristian barbarous outrage , voyd of pietie and reason , and without any example in the christian church , the summe of their answer was , and to this day is , that such a zealous people were to be left to their own warrand , they knew not by what spirit they were governed , god worketh great workes many times by basest means : and yet those nobles , those zealous , those intelligent and knowing christians ( whereof many of them in edenburgh were knowne coale-stealers and whores ) were the first active instruments in this glorious reformation . i confesse this divinity is so transcendent and metaphysicall , that it exceeds my capacity , and is so fruitfull upon any occasion to work all or the greatest of mischiefes , that i doe not see how it can consist with peace or safety of king , kingdome , church , or of any entrusted with greatest trust in church or state . sir , i believe any rationall man may see by this , how superlatively this spirituall signorie is above king and royall soveraignty . i leave it to your own judgement and memory to recollect it , and to bring home the conclusion , that this government ecclesiasticall is inconsistent with monarchie , with the peace of a kingdome , and is or may be in time a mother and nurse of as much rebellion and treason as any iesuitisme of the highest dye , if not more . certainly rome , although a whore , and hath a cup of abomination in her hand , is not so bad nor so abominable ; i pray god to keep all good christians cleane of both . let us goe on ; in faith , worship , and all spirituall things they vindicate to themselves such a soveraignty , that king , councell , parliament , nay all together , must not touch the scepter of christ , they are to determine , define , take cognisance , accuse , sentence , punish ; neither king , nor king and councell , nor king and parliament , all must assume power here , for otherwise it is to intrude upon christ and his right . this soveraignty is of so high a straine , so large an extent , that when they have decreed any thing in this supream infallible iudicatorie , that they may have the better obedience to demand the king and parliament's approbation ; this is not demanded as a thing arbitrary which the king and parliament may doe or not doe ; or leaving it to his royall judgement with the advice of his parliament to qualify or rectify their decrees , and orders : no , no truly ; that is to betray the trust christ hath given them , they need not supplicate or petition for it , it is in them but an act of courtesie to shew dutifull obedience . and if the king and parliament will not grant it , they are armed with as much power from heaven as to force them to doe it , by excommunication , and making all good christians joyne with them in god's cause . sir , i feare you think i speake liberally . god forbid i should doe it . i doubt not but you have read the scotish pope's sermon preached at westminster , and printed by order of the house , since you have it i will not spend time and paper to cite his words which giveth to the king no more . but to make this appeare , i give you some unanswerable reasons . . it is certain in scotland m. knox and his complices set on their reformation without the queen , or queen regents authority , or the authority of parliament . for anno . they made their confederacy : gave out their orders for reformation throughout the whole kingdome . anno . they acted their reformation , by casting downe churches , abbyes , &c. casting out priests , friers , &c. and all this by their owne radicall and originall power . queen mary their true and lawfull soveraigne did authorize them in nothing , she was then in france . the queen dowager , queen regent , king iames the fifth's widdow , having the soveraignty by fiduciary trust , in regard of the absence of the queen her daughter , did not authorize it , nay she did by her authority oppose it , contradict it , came in armes against it . the parliament was not till the yeare . ( how holden for the present i cannot tell ) but in that parliament they set out a confession of faith , reformed religion : but when they sent to king and queen beyond seas ( queen mary was then married to francis the second in france ) to confirme or ratifie the acts thereof , they denied . when intelligence was given to the confederates , they professed they little regarded the deniall of king and queene , for say they ( knox hist. pag. . ) all we did was rather to shew our dutifull obedience , then to begge of them any strength to our religion . another in this kind you have ; in anno . king iames then being king , and the earle of marre being regent , an assembly was holden at leith , where by the order of the assembly , and ordinance of the regent and councell , some commissioners were appointed from the regent and councell , and some from the generall assembly to condescend upon a platforme of discipline , which was agreed to on both sides . the platforme is that the government of the church shall be by archbishops , bishops , deanes and chapters , &c. the order and course of all their nomination , election , &c. is just conforme to this in england at this day , and as it was in scotland before this new happy reformation . this was enrolled in the councell books of that kingdom , and stands there to this day , this i know certainly , and if i be not deceived , and almost i dare say it , except they have wronged their most famous and their most ancient councells , the platforme is upon record in the generall assembly books . give me leave to tell you by the way one thing , that the negative faith , which is sine rugâ , sine maculâ , was framed , anno . and it is believed , that in that negative faith episcopacy is abjured as antichristian ; yet anno . this same government is renewed , ratified and ordained to continue constant , and not to be changed till his majesty come to perfect age , and to be kept or changed then onely in what he and his great councell , the parliament , shall think fit , and not otherwise . before this the king his houshold and councell had subscribed the negative faith ; can any man , not voyd of judgement and discretion , think , that the king , his houshold and councell in subscribing it did judge episcopacy popish and antichristian . next it is worth your notice taking , that as i honour the good parts which were in knox and his fellow-labourers , i never accounted them as apostles men secured from error ; yet i will say so much for their justification , that they were greater enemies to sacriledge than their after-disciples ; and were not against the order of episcopacy as popish and antichristian , as m. andrew melvil and his disciples afterward maintained . nor were they so foolish to seclude all church-men from voyce in parliament , onely their desire was , that seeing the popish bishops were allowed to enjoy their benefices and rents during their life time ( this was more then our charitable glorious reformers allowed to their protestant bishops now ) with all other priviledges except spirituall jurisdiction , that they should not sit in parliament as the representative of the church , but in their places should sit the superintendents and commissioners of the church . which indeed were somewhat like to bishops , but resembled more arch-presbyters then bishops . to returne againe thither from whence we digressed ; after that this platforme of discipline was so agreed and established , as we told before , m. andrew melvil comes to scotland about the yeare , or . ultra citra . this man a good hebrecian and linguist , and full of the geneva talmud which was now more refined , beginneth to set presbyterian discipline higher , to make a second book of policy , or devout imaginations , acknowledgeth no more orders in the church , then the foure above named . a bishop was no more in scripture but the same identically with presbyter ; and where abbots and priors to his time were nominated and admitted to the abbies and priories as church-men , gave their trialls and were collated ( as they speake ) by the superintendents : this great doctor found out another divinity , that there was no bishop but a parish priest ; scripture , for abbots and priors there were none such in god's book . at this time , and from that they call reformation to this time , there was no bishoprick nor abbie annexed to the crowne , and consequently not impropriate to any subject . it is true lay-men held them in commendam by the king's gift , but as men able to doe the king and church good service ; and before their right could be completed or perfected , they were to returne to the king from the superintendent a collation or certificate , that he was of that ability to doe good service to the king and church . men sacrilegiously disposed grasped greedily this doctrine , and thanked god that their names as abbots & priors were not in the book of god . and to have these church livings and dignities with bishopricks annexed to the crowne , and from thence to impropriate them to them and their heires , they deified m. melvil , and contributed their best wits and uttermost power to raise presbyteriall government higher . and by the sole authority of that they call the church , they began , without the king , councell or parliament's consent or authority , to distribute the whole kingdome into so many presbyteries , as they thought fit in their discretion and by the direction of the holy spirit : and did procure private subscriptions to their new book of policie , and put it in practice . sir , i hope you are the more apt to beleeve this , because you know in england the disciplinarians in london meetings debated and established their orders in secret and not warrantable conventicles , and much about the same time ; and great correspondence was entertained betwixt the scots and the english at that time . how that book of discipline was practised without any authority in surrey and northamptonshire , and other places you know well enough . now i pray you , when without authority , by their owne inherent radicall right , they make orders , reforme , establish a discipline , doe these men imagine , that the concurrence of christian authority soveraigne is absolutely necessary , or that their demand is any thing else but an act of courtesie , when by themselves and assistants they may establish and practise it ? this second book of policie , master melvils reformation is the epocha of our second reformation . the fruits of which i will tell you were , the annexation of all bishopricks , abbyes , priories &c. to the crown , which was effectuated anno . if you will cast your eyes upon the third glorious reformation , that makes the popes knees shake like belshazzars when he did see the handwriting on the wall , ( that is if we will speak truly , this deformation which is the disgrace of reformed catholike religion , and which threatneth church and religion , king and kingdom with ruine ) you will find these men have sung a note above ela , have ordered and practised more then all that went before them . hanc movere nolo camarinam . i hope a better wit and more elegant and eloquent pen , shall some time anatomise this monster , and so lay it open to the view of the world , that it shall appeare to be no true brood of the reformed catholike protestant religion . . secondly , another argument to prove that this superlative soveraignty in spiritualibus , hath all its most naturall subjects at its devotion and obedience , is this , that what they command to be preached , must sound alike in all their synagogues . and whosoever he be that is the minister of the kings family he must preach the same . there is no coequall , corrivall , or coordinate power that can doe so much as intercedere make the least sort of crossing , opposing or interposing . is it not known that the kings minister in scotland , at the direction of this conclave , when his councell have been to meet frequently for treaty with ambassadors from forrain kings ; upon the lord's day or week-daies sermon before the meeting , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in great freedom of the spirit , hath told him all the counsell of god from heaven , with a denunciation of iudgements if he swerve from it . and if the king had gone to the church of edenburgh , a beardlesse boy had told him more sound wisdome from heaven , how to article and conclude in matters of highest concernment betwixt him and spaine , or him and france , then all the wisest councellors and greatest nobles in the land : and this forsooth must be the king and councell's rule . . thirdly , doe they not challenge to themselves the sole power to appoynt publike fasts , to give the reasons of it , which ordinarily are , that gods judgements are incumbent and imminent upon church and kingdom , for the sinnes of the governour and governours , and that the government is amisse . and the consequent or effect of these fasts is too too frequently and ordinarily some commotion , sedition , rebellion , or at least , some change of court , councell , or session . i cannot here passe by a storie as true as strange . while king iames was in scotland , two french ambassadors had remained some months there with him : being ready to depart and take their leave of the king , the king for his own and the french kings greater honour , sent on a satterday for the major and aldermen of edenburgh , commanding them the very next monday to feast the french ambassadors . the ministers of edenburgh to affront the king , and the king of france too , on sunday intervening indict a solemne fast to be kept to morrow on monday , the day appoynted the saterday before by his majesty for the entertainment of the ambassodors . the magistrats of edenburgh proudly contemne the command of the supream spirituall powers , and out of carnall affection , feast the king & the french ambassadors royally & nobly on monday ; when the ministers & the good christians of edenburgh fast , the king , the ambassadors , and magistrates of edenburgh feast . ô facinus horrendum . but to avert gods judgement from the land , the major and aldermen were cited and convented ( here was some favour that the king and ambassadors were not , but i will tell you it was partiality and corruption , for some of the ministers were the kings pensioners , and this kept the king free ) to be censured for their high scandall in contemning so solemne a fast . there was much work : but the king who was the chiefe and almost sole transgressor , with interposed delayes , and much sollicitation and prudence , took off the edge of their zeale , and the pursuit ceased . . that this assembly is soveraigne in all spiritualls , admits no coordinate or coequall power , farre lesse a superior , is cleer in this ; that if any preacher be charged before king or councell for any offence to be punished , if they in any case can cloath it with a spirituall respect or circumstantiate it so , that it may be qualified for the spirltuall high sanhedrim , the party cited and convented , may and ought to appeale to the generall assembly , as to the iudge competent . mr andrew melvil , if i be not deceived , was the first spirituall councellor of law , that taught this way . it is certain that what they preach in pulpit is not censurable by king , parliament , nor councell , or any iudge or iudicatory else . there be two reasons for it , one is that , spiritus prophetarum subjecti prophetis , the spirit of the prophets are subject to the prophets onely , . cor. . the t'other is , whilst men are there in that infallible pulpit , they are ruled by some superior good spirit and they dare not blame or condemne them , least they should offend and sinne against the spirit , and so although a man preach downright treason , if it be in this place he is priviledged . it is known and , i hope , yet remembred that after king iames of blessed memory anno . made many good lawes to curbe the insolency of ministers , did by statute and act of parliament declare his supremacy over ecclesiasticall persons and causes ; condemne all iudicatories in use which were not by his own authority established ; ( he meaned the presbyteriall . ) that the ministers then did importune the king to repeale them : and when that would not doe , did they not fall at last into open railing against him in pulpit , as an enemy to christ and his kingdom ; they dispersed through the kingdom infamous libells against his person and royall honour : they branded him as an apostate from the truth , and reviled him as an ofspring of the cruell and bloody house of guise . this forced the king to put out a declaration anno . in print yet extant to vindicate himselfe and his honour from that unchristian and more then disloyall calumnies . at or about the very same time some fugitive ministers out of scotland , pretending they were persecuted , did in the pulpits of london , with their fowle mouths , raile against his majesty , the wisest and learnedst of kings : so that the scottish ambassador was forced to complaine to queen elizabeth of it ; her majesty gave present order to the lord bishop of london then , to silence all the scottish preachersthere . now that this sanhedrim is only competent iudge in spiritualibus , and that one convented before king and councell , may decline his and the councel's authority , although he hath preached treason , appeareth cleerly . . first , if this had not been an ordinary practice before this time , what needeth the making of that act of parliament , anno . declaring it treason in all time to come to decline the power and iurisdiction of the king and his councell . . secondly , has not iames gibsonne minister at pencaitland witnessed for or against himselfe rather in this case in print : who publiquely in his preachings compared his majesty unto ieroboam , told him he should be the last of his race , reproached him as a persecutor ; and much more of this zealous stuffe : who being convented before the king and councell , and accused of those pious crimes , he with that boldnesse becometh his order , justified all , saying to his majesty , as long as you maintain these cursed acts of . the tyranny of bishops , you are a persecutor . and addes , that as jeroboam for the leading of the people of israell from the lawes of the house of iudah , and from the true worship of god , was rooted out , he and all his posterity : so should the king ( if he continued in that wicked course , maintaining those wicked acts against god ) be rooted out and conclude the race . much more to the like purpose was said , & if any look upon the privy . councell books of the kingdom of scotland , he will find this a truth . he was convented . december , anno . this man was an oracle consulted , and gave his answer in coppinger , arthington , and hacket's extraordinary motion , which storie you know better then i. mr black , minister of st andrew's , was convented too before the king and councell about the same time , who appealed from king and councell to the presbytery or generall assembly ; this last had spoken against both king and queen . there was a great businesse for the two mens appeales , their brethren sided so much with them that the king had too much to doe . at last out of more then warrantable indulgence his majesty was content to insist no farther against them before his councell , but to remit their censure to the generall assembly it selfe : before which it was cleerly proved , that in pulpit they had spoken reproachfull and treasonable speeches , yet could the king by no power or entreaty obtain of them to inflict any punishment upon them , because said they , they knew not with what spirit they were overruled . i will shut up this poynt with one instance more then sufficient to make the truth of what i say to appeare . before king iames came to the crowne of england , it was ordinary in scotland to have a generall assembly once a yeare , and oftner pro re natâ , upon any great exigent . the last which was kept during his majesties abode there was anno . in the close of which the next ensuing was appoynted to be at aberdine , anno . in the interim the king succeeding to q. elizabeth , and being in england , he was so much taken up with the affaires of the kingdom , that he was necessitated to lay aside those concerned scotland ; and for this reason his majesty thought it fit to adjourne the assembly ( unto which he had a speciall eye , knowing their turbulent disposition , and experienced in it whilest he was present amongst them ) to the next summer in anno . when the time appoynted was come his majesties more weighty affaires not suffering him to think upon the assemblies businesse , he gave order to prorogate it to another and longer day ; which was accordingly done by publike proclamation , authorized by his honourable privy councell of that kingdom . notwithstanding all which , some thirteen or fourteen godly zealous brethren must needs meet at aberdine at the day appoynted for the assembly . they established and formalized the iudicatorie , by constituting a moderator , a clerk , and other essentiall members of the court . the lords of councell understanding this contempt , sent a gentleman of good qualitie and place , with an herault at armes , to discharge and dissolve the holy meeting . the commissioner and herault were entertained with as much respect , as before they had given reverence to the proclamation issued out by the soveraigne authoritie of the king with the advice of his honourable privy-councell . the holy fathers in the great sanhedrim protested and professed , that in conscience and duty to almighty god , they were bound to preserve the churches right , and could not , would not , give way to that power the king sacrilegiously usurped , which properly and natively belonged to the church virtuall , the assembly . they kept and continued the assembly some dayes , and finding that no more of the holy brotherhood came to joyne with them , they dissolved , and to preserve the holy right of the church appoynted the time and place of meeting for the next assembly . the king hearing this , gave order to his privy-councell to cite & convent them before them , and to punish this high contempt . the more zealous champions of the lord of hostes appeared , and with an undaunted courage gave in to the lords of councell a protestation , a declinator from the kings councell , and appealed to the next generall assembly , as the sole and competent judge in this case and cause . the kings atturney or advocate , by order from the councell-table , was ordained to pursue them criminally before the lord iustice generall , and that upon the act of parliament mentioned before anno . upon which order , the one halfe confessed their fault and easily made their peace , and obtained pardon . the zelots were convicted of treason , ad terrorem & exemplum , more then for any other end or respect : and only banished the kingdom . of whom the most part thereafter upon their confession and submission were pardoned , came home , lived and enjoyed their own , or at least as good , if not better benefices . sir , are these things consistent with monarchie , or the obedience is due to soveraignty and its highest courts ? so absolute and uncontroleable is this high celestiall court , that it commandeth , conscience and soule , disposeth of body and estate in the poynt of religion , that if you conforme not in all , neither soule , nor body , nor estate can be in peace , nay no toleration can be allowed where this soveraignty domineereth . and to make this power of the larger extent , it is certain , their faith and things necessary to salvation are of greater latitude then that of the councell of trent . if any doth not , after a little time granted for information , conforme and subscribe to their confession of faith , ( which is more in negatives and destructives , then affirmatives and positives ) their rule of government , their manner of worship , and what else in their opinion is necessary to salvation , ( and in this i am sure they are more rigorous then ever god or catholike church was , for if you dissent but from them in a theologicall tenet , it is heresie ) you are forthwith excommunicated , and given over to the divell : after which upon the remonstrance of a commissioner from the presbyterie to the civill iudge , there is a warrant from supream authority given out to command you to conforme ( this is different from the writ de excommunicato capiendo ) or then within few dayes to be put to the horne ( that is outlawed . ) vpon disobedience the tender conscience not conforming , the outlawed's estate moveable ( chattells we call it ) become proper to the king . god knoweth , little of this benefit commeth to the king's thesaurer , but a donater to the escheit , which ordinarily is the convicted's mortall enemy for a little composition hath the right made over , and hath the benefit of the escheit . if within yeare and day he give not obedience and conformity , his whole revenues and rents of immoveable goods forfeit to the king during his life time . some enemy of his , or favourite of the thesaurer's , obtaineth the king's right , and the king hath little or nothing of it . here you have him stript of all his estate moveable , immoveable . yet here is not an end : but still upon remonstrance of the presbyteries or church's commissioner , another writ goeth out , which they call letters of caption ( that is , if i mistake not , the tant'amount of the writ de excommunicato capiendo ) which is directed to all sheriffes , stuards , provosts , bailies , &c. to seize & secure his person wheresoever it may be apprehended , and to commit him to close prison as a rebell . if he skulk and hide himselfe , then upon the same remonstrance goeth out a writ , which there they call letters of intercommuning ( i know no thing in the law like this ) the intent is that none of the kings subjects commune or conferre with him coram or personally , or by letter or interposed person keep intelligence or correspondence with him ; otherwise the intercommuner is to be judged and reputed to be a rebell of the same guiltinesse . you will be pleased to remember this , when the church requireth all these of the civill magistrate ( so they are pleased to terme soveraignty ) he is bound to grant them . now , sir , i pray you consider if this is not in many respects worse then the inquisition ; when an opinion in a theologicall tenet different from the assured faith of those gamaliels may bring a man unto all those troubles . onely to make amendes for this , remember this authoritative way preserveth a church from haeresie , error , superstition and schisme . there is another practice of the power of this court , that for the glory of god , the honour of the king , the good and preservation of church and religion , it may assume to it selfe to be iudge of what is treason , what is not : who are fit councellors for a king , who not . practice is the most sure infallible and clear proofe and demonstration of power . i will give you one in the case of treason , that none dare to say it is a lye , and which can be made good by the authentick and publique records of parliament and councell of scotland , and their owne noble acts of generall assembly . when king iames , about the age of iosias , ( when in holy writ it is recorded of him that he began to seeke the lord with all his heart ) had taken the government of the kingdome in his owne hand ; and did reigne and rule with such prudence incomparable , admirable , that none could justly except against him or his government : yet such was the restlesse ambition of some , who could not with patience endure the trust of others , especially of that noble worthy esme duke of lennox , his majesties nearest kinsman and highest favourite , and that justly for his most eminent noble endowments . these discontented gentlemen layed downe a resolution to get the king into their hands and power , and to thrust out that noble prince . they watched an opportunity , when the king came to his sport of hunting neare to saint-iohnstowne , with an ordinary attendance , ( the noble peere staying with others at edenburgh for the king and kingdomes better service ) surprised him fearing no ill , seized his person , carried him along to the castle of ruthen , kept him so that none could have accesse to him , till he was forced to command the duke of lennox to depart the kingdome ( which out of zeale and love to the king he did in winter embarking at dunbrittane , came to france and dyed shortly after ) and to change all his servants they disliked , and to surround him with themselves and their owne . they kept their king in captivitie the space of nine monthes , suffering none to come at him , but such as they pleased . the wise king put a good face upon a foule businesse , seemed to like well of them and their courses . neverthelesse the best and most knowing of subjects grumbled exceedingly to see their prince so abused . the conspirators understanding it , did advise upon the best course to satisfie the people and to bring them to approve their way . they wrought with the chiefe rulers of the synagogue , and prevailed . at the next generall assembly they give in a remonstrance to them then sitting in edenburgh , declaring the extraordinary reasons that moved them to secure his majesties person in the castle of ruthen : their zeale to the reformed religion , which was in imminent and apparent danger by the practices of the duke , who was sent from france to scotland of purpose to corrupt the young king : their care to secure the king's royall person , whom the duke intended to conveigh privately to france : their desire to free the subjects from the bloody tyranny and oppression both of their lives and goods by the malitious disposition , and insatiable avarice of those who were about him and overruled him ; and a great many more specious pretences , ( which are not much different from these of this time ; ) upon this narrative the humble petition to this superlative soveraignty was that the holy brother-hood would be pleased to give an approbation to this their heroick and christian fact , and whatsoever was their judgement they would obey it with this proviso , that it should be made knowne to all good christians within the realme . the demand was pious and just , the holy assembly secured from erring and error , and not encroaching upon any thing meerly civill , but in a case of so high concernment in ordine ad spiritualia , as competent iudges doe take the case into their consideration , and after mature deliberation , being assisted with a fansied infallible direction give out their verdict , authorize and approve all in substance or circumstance to be holily and justly with much zeale and discretion done . in all this they exceeded not their power , and that because what was done , was for the advancement of god's glory , the honour and personall safety of the king , and publique good of the kingdome : that all good people may rest content and be fully satisfied , it was further ordained , that all ministers shall upon their returne to their parishes intimate so much to all their flockes ; and withall exhort all people to esteem the actors as good christians and patriots , that for the causes above mentioned were necessitated to take this course , to preserve religion , to rectifie the errors of court , which were brought and wrought to that height that both religion and policie were in the greatest imaginable danger . the ordinance was accordingly performed to no small griefe of honest subjects and christians . sir , if there were no more instances what doe you thinke of this ? it is worth your notice taking , that this noble duke dying in france , who before his comming to scotland had been bred in popery , became a protestant when he came thither , and was king iames his convert . while he was a dying , romish priests were most earnest for accesse to reconcile him to that church ; but he adhering to truth , and protesting withall his promise to his cousine king iames , would admit none and dyed in the communion of the protestant reformed church . this high court , the generall assembly , in ordine ad spiritualia , challengeth and practiseth a soveraigne power above all civill lawes and statutes and acts of parliament . and that with that power that of it selfe it may repeale and condemne standing lawes , and acts of parliament , which are in practice and observed within the kingdome . to give you a recent example and instance of this ; since this assembly of late in this distemper hath recovered it's place and power , the generall assemblies of glasgow and edenburgh have damned bishops as anti-christian and against their reformation . i wave this . more , they have secluded bishops or any church-man from having any voyce in parliament , conventions , or councell . thus by their owne most proper ecclesiasticall authority they have made voyd many acts of parliament there , which before were in force and practice . as that in anno . declaring it treason to call in question the power and authority of any of the three estates ( that is bishops , lords and commons ) or any one of them . this act was made onely to preserve the priviledges of the ecclesiasticall estate inviolable . this is evident by the king's declaration put forth the yeare following . again they have made voyd another act of parliament in anno . ordaining ministers that should be provided by his majesty to prelacies to have vote in parliament , as being the third estate . another in anno . the same assemblies , did declare the acts of the assemblies of glasgow , perth , &c. null , voyd and unlawfull : which notwithstanding were enacted as municipall laws , obedience commanded , and practised in the greatest part of the kingdome . how much king iames his happy memory is blasted , by these supercilious new orders of those assemblies , my pen blusheth to expresse . the same assemblies have condemned the high commission court , declared by act of parliament . and this is done upon this ground which proveth their soveraignty in spiritualibus , because it was not consented to by the church : that is , the vertuall church , the generall assembly . when i consider these things , i cannot sufficiently wonder how the high court of parliament of england , hath swallowed and sworne their covenant , which in it's right sense doth establish a court above king and parliament . iudge you , sir , if this oath be in iudicio , veritate & justitiâ . if king and parliament be subordinate to this court in spiritualibus , or in temporalibus in ordine ad ecclesiastica , all the reason in the world will plead , that it is most just , that all iudicatories whatsoever , even the supreamest from whom lyeth no appeale , submit and subject themselves to it . the holy fathers of this court have showen their right in this point too . to confirme this , fearing i have wearied you , i will bring but one instance , and spare to trouble you with more . this story can be made good by records which i am to tell you . and first , give me leave to informe you , that the lords of session ( who by act of parliament are so ) are in all civill causes the supreame iudicatorie of the kingdome under the king . no iudgement passed there can be rectified or reduced by any iudicatorie , under the king and parliament , but by themselves , which is onely by suspension of execution , of that is judged and decreed , or by action of reduction : this is nothing but provocatio a philippo malè edocto ad philippum rectiùs edoctum . this thus premised i come home . mr iohn graham , one of the iudges of that associate body , had commenced an ordinary and proper suit before the lords of session , obtained decree and iudgement according to his libell . after which , a rumour was noysed abroad , that the writs and evidences , upon which his suit and the judgement upon it were founded , were forged and false . the generall assembly took notice of this injust decree , as they to whom the inspection of religion and iustice belongeth , and who were bound not to suffer such an unjust judgement to take place and be executed . they send for m. iohn graham commanding him by their authority to passe from his decree , to make no use of it against the party against whom it was obtained , and that because it was purchased upon false grounds , and it gave occasion of great scandall , that he being a iudge should make use of such writs . his answer was , if any would challenge his decree or iudgement upon any just ground , he might have his recourse to the ordinary iudge , and take it away by way of reduction , but so long as it was not reduced , it concerned him to take the benefit of it . then seeing that they could not prevaile by admonition , they threatned him with excommunication , if he did not what they enjoyned . he appeales from them to the lords of session , as the onely competent iudges in such cases : notwithstanding they resolve to proceed against him . the lords of session finding themselves interessed , and the assembly usurping upon them and their power , in this proceeding against one of their owne number , who had appealed to them in a civill cause already judged by them , directed some of their number to the assembly , and desired them not to meddle any more in that businesse , as being meerly civill , and no wayes belonging to their jurisdiction . this produced no other effect , but incensed the holy fathers to raile against the iudges as wicked and corrupt men , who sided one with another whether it were right or wrong . the businesse at last came to this height , that the lords of session , ( who would not suffer them to encroach upon their priviledges ) by vertue of that delegate power and authority they were invested with from the king , threatned to out-law them , and to proclaime them rebells to the king , if they proceeded any further , and would not admit of the appeale . the assembly finding themselves too weake and not able to make their part good by power ( in which case onely they will be martyrs ) fell from the pursuit and all was quieted . sir , i pray you to consider in what condition are they that live under such a government that is boundlesse and universall , will give lawes to king , councell and parliament ; repeale theirs at pleasures ; reduce and make voyd decrees and judgement of highest iudicatories &c. what peace or tranquillity can there be in such a state or kingdom ? give me leave to tell you a true story . it is known and lamented by all good men this day , how king iames his soule was vexed with them , that many times they have made him fall out in teares . a noble man , a most wise man , then chancellor , seeing the king extreamly troubled at the miscarriage of the ministerie , said to him : sir , no man is to be blamed , that you are so much troubled with the ministers , as yourselfe ; for when they doe any thing amisse , you never cease till by your royall prudence and authority you set it aright againe : but would you leave them to themselves , the very body of the people would rise up against them , and stone them out of the kingdome . his majesty returned a most pious answer , worthie to be written in letters of gold in marble , that all kings may learne it : my lord , saith he , your advice is shrewd policie , but your counsell is not good piety ; if i had no more to doe but to serve my selfe of them for a politick end , your advice is good , and i know it would prove so . but god hath appoynted me a nurse or father of his church , it is my charge from my lord and master to preserve his church , and not to ruinate it . which if i doe , god will ruinate me and my posterity . king iames in the conference at hampton court hath well observed , that this ecclesiasticall government prepareth way , and ushereth in a democraticall government . and he telleth also , that in his mother queen maries absence , and in his own minority and non-age , it was much thought upon and intended . their maxims of divinity lead to it , for they say , respublica est in ecclesiâ : the church and her policy are the house , the civill government is but the hangings , which necessarily for decency and good order must be made conformable to the house . monarchy is enmity against the church . catherwood in his book entitled altare damascenum , gives you it in down right termes , naturâ insitum est omnibus regibus in christum odium ; and in his preface , or epistle ( i have not the book by me ) he calls k. iames , infens●ssimum & infestissimum purioris religionis hostem . and that they may now exercise all their power , and bring the kingdom to a popular state , which was not so feisable before , it is more then probable , and much to be feared , and with great prudence to be prevented ; because the generall assembly hath in it now the prime noble men of the kingdom , dukes , marquesses , earles , lords ; the most active and knowing knights of counties and esquires ; the wisest citizens and corporations , and this in the capacity of ruling-elders , who discontented are able here to make a faction , call king , session , councell , or whom they please before them , because of their supreame , universall and independent jurisdiction . and this iudicatorie cannot ▪ erre in its determinations , for it is undoubtedly secured from error , and assisted with infallibility . this divine policy hath another sacred trick to preserve its soveraignty and to continue it , which is this . the generall assembly ordinarily meets but once a year , yet at the end and close of every generall assembly , there is a choice made of some commissioners , ( a committee ) who are to reside , or at least upon any necessary occasion to be at edenburgh . these are the virtuall assembly , and their power continueth till the next generall assembly . they are in the first place , to intimate to the king the desire and demands of the assembly , and to see all due civill sanction and confirmation given to it . the king , his councell , his parliament can change nothing of their sacred decrees without their consent . what ever new occurrence is in church or state pro re natâ , these commissioners are to give order and to see , ne quid detrimenti ecolesia capiat . it is true their orders bind only in the interim betwixt the two assemblies , and the next plenarie generall assembly may derogare , abrogare , obrogare &c , yet give me leave to tell you truth , these great delegates with their power have so much influence upon the next generall assembly , that their {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} precognitions and predeterminations , are formally and legally enacted . nor is this to be wondred at , for the achitophels and ioabs of church and kingdom , the best head peeces of greatest depth , preaching and ruling elders are in this iunto . heere are all disturbing seditions , and treasonable courses hatched and conceived ; whether it be treason against the king , sedition in state or kingdom , the change of court , the removing of courtiers from the king , the surrounding of him with others &c. the next assemblie ownes all their courses , decrees them under pretence of piety , reformation of abuses , removing of malignants from the king and from his counsell , from being iudges in the supreamest iudicatories of the kingdom , &c. by this means at pleasure , when and where they will , they procure parliaments to work for their own private ends . to facilitate the work , order is given to all presbyteries , to command all the ministers to preach to their flocks , to make and keep fasts , for the danger the church is in , that the king is inclinable , nay inclining to popery , that there are none in trust or power by him , in court , councell , exchequer or session , but such as are popish or popishly affected : and such they must be , if they once determine it . and woefull experience hath confirmed it , that worthie , innocent and deserving men have suffered , and the king hath been forced to abandon his best servants . this close committee hath all these prerogatives : . during the interim betwixt two assemblies , they had trust to see that all the orders and decrees of the grand consistory should be put in execution . . next upon any exigent intervening , they have the power by their influence upon all the presbyteriesin the kingdom , to make them goe which way they thought fit for their own ends , both to make the ministers preach their sense , and to work with all the people to believe the posture of affaires in church and state were as they informed and represented them . . thirdly , here were all things prepared for the next great meeting of the generall assembly . by these means things projected were effected . this way the queen regent was put from her regencie . this way queen mary was expulsed scotland . this way king iames his captivity at ruthen was found to be good service . this way that noble duke of lennox esme was made a papist , and the king forced to abandon him , and he to depart the kingdom in winter being sick , and shortly after dyed in france . by this means , if i be not deceived , was that infamous day the . of december , anno . atro signanda lapillo , renowned for a most horrid insurrection in edenburgh against king iames and his prime counsellors . i begge leave to give you a short account of it . king iames whilest he was king of scotland , by all forraigne kings , princes and states , was admired for his extraordinary royall endowments . ambassadors from many beyond seas at the same time , and almost constantly were with him . the smallnesse of the patrimony of that crowne , was not able to maintain that royall deportment he kept . besides being too too royally liberall and magnificent , his coffers were empty , and at this time scarce was his majesty able to maintain the necessary charge of his house in that measure which was suitable to so royall a king . to rectify this , the king with the advice of his counsell , entrusted with all his rents , revenues and casualties , eight prime men of good worth and integritie , officers of state , counsellors and iudges . this was done that all might be rightly regulated , and before all things his tables at court kept like a kings , that forraign ambassadors might not espy any want which might derogate from the honour of king and kingdome . the ordinary tables of the court were regulated ; the courtiers daily allowance was retrenched ; which they could not away with . they and other discontented persons did reproachfully call these men , the octavians . they who grumbled at this , and would right themselves , to gain their intendment , hit upon the ordinary and safest way , that was to beginne with the church . they informe , the forraign ambassadors did work upon the king to turn papist : it was like they would prevaile , for these octavians were all such in their hearts , and dissembled only in professing to keep a communion with the protestant church ; if those were not removed from the king , and good men put about him , religion , kingdom , and all were undone . when this had been often informed and suggested , early in the morning on the th day of december , three of the kings domestick servants came to m. walter balcanqual's house ; the ministery of edenburgh , and others commissioners of the generall assembly , with some of the best christians of edenburgh are sent for , they meet there . the kings servants informe that all was undone , if they did not in time and speedily prevent ; for the marquesse of huntlie , ( this was the late marquesse who came occasionally the night before to court , and it is true he was popish , but god knowes he was free of what he was charged with ) say they was with the king till twelve a clock at night in his bed-chamber yester-night ; it is resolved upon to re-erect popery , and so many of your best citizens and christians are to be seized upon ; some to be sent to blacknes , some to innernes , some to dunbritton , &c. the case was apprehended in that zeale which became the cause . the resolution taken , was , that m. walter baelcanquall being to preach that very day in the chancell of saint giles church , which they call the little church , after sermon and prayer done , he should desire all good brethren and christians to meet immediatly forthwith there for the good of church and religion . noblemen , gentlemen , preachers , burgesses , all who affected the good cause did meet . m. robert bruce was appointed by common consent moderator . it is laid open in what case church and religion , state and kingdome are : the urgent instant necessity is made to appeare . the result of the determination was , that presently they goe to armes , and by holy force , to pull from the king's side those popish octavians : that a letter be written to iohn l●●d marquesse of hamilton to come to edenburgh , to be captaine of the congregation ; and in regard the king had made defection from the true religion , he being the nearest of the blood should come and take the government upon him . i know the just copy of this letter is extant to this day . they runne to armes , the word is , the sword of the lord and gideon . the good king was in the place of iustice ; the prime of the octavians with him ; hearing something of the uproare and tumult , by a secret passage , he and some other goe up to the exchequer house overhead . a great lord was head of the congregation , he and some others came commissioners to the king , were admitted , demanded those ●●tavians to justice . the king askes this lord , how durst he against his authority , his lawes , his proclamation keep unlawfull meetings at edenburgh ( for the king before had discharged the meeting of those commissioners of assemblie , or any other meeting whatsoever without his royall warrand . ) the lord , with courage in zeale to a good cause , told the king that he should see ere long they durst to doe more . the lord , or some other , taketh hold of one of the octavians gowne , who was president of session ; but he pulleth his gowne out of his hand , and conveyeth himselfe downe to the house where the lords did sit in judgement . in fine , the king and lords were forced , to shun the danger of this tumultuarie insurrection , to close up the doores , and some to stand with their swords drawne if any should offer violence to break up the doores . some good subjects especially alexander home of northborvick for the time provost of edenburgh , and roger mackmath ( whom king iames ordinarily called his bailie ) with others well disposed and loyally affected subjects , and namely the hammer-men rise up in armes for the king , who partly by smooth words , and partly by threats , husht and housed the factious and seditious . the king came out of the place of iudicatorie , and on foot , attended with many nobles , gentlemen , and other good subjects , came to his pallace at halyrude-house in peace : where immediatly in the afternoon , he convened his privy-councell , and by his wisdome and authority so repressed and punished that insolencie , that all the time of his raigne , the like barbarous treacherous course was never attempted . i hope you are the more apt to believe this , when you remember what a petition or declaration was presented to queen elizabeth at green●●ch anno . to remove from her service and trust such as they know were not well affected to the religion and church . sir , i could make it appeare how all seditions almost and rebellions in that kingdom , have been set a foot or fomented by this government presbyterian : how neighbourly feudes have been encreased and entertained : how moneys collected for the reliefe and support of geneva , were by the chiefe gamaliels and presbyters interverted , employed to raise and pay souldiers to ayde and assist the earle of bothvell and his complices in rebellion against the king . i feare i have wearied you already , the subject is everlasting and i am weary of it . if i should give account of the late practices and tenets of this late covenant , it were possible to let you see that it hath farre exceeded all the mischiefe ever their forefathers did , although they tread in the same footsteps . the reason why i have spared it is not i feared it , i hope to discover it sometime to the world by anatomising it fully . next , i hope , you have espyed the noble passages of it , and are sufficiently confirmed , that nothing can be more destructive of monarchie , and the peace of any government . to shut up all , give me leave , in the close , to give the articles of their apostaticall creed inconsistent with monarchie , which they hold as the twelve articles of the apostolicall symbole . i will touch onely the prime of those ; for for their other articles , they are so many and of so vast an extent abounding in negatives , that as king iames saith well , he that would keep them is not able to keep them in his braine , but must keep them in a table booke . the articles of the dogmaticall presbyterian faith inconsistent with monarchie . . as i have said before ; they preach and maintaine that the church is the house of god , the civill policy and government are onely the hangings . . next they beleeve , all ministers are pari consortio honoris & potestatis praediti , that there must be a parity in the church . ioyne these two together , and you have a faire way for democracie . . they vindicate to themselves and their consistory , a soveraigne , complete , universall , independent power in all things spirituall that concerne salvation , they have not onely the directive power but the legislative also ; and all temporall things in order to salvation and religion come within the verge of their scepter . all soveraigne power , ( wheresoever you fixe it , ( whether in one , as in a monarchie ; or in few , as in an aristocracie ; or in many or all by vicissitudinarie turnes ) have onely the executive power to doe as they command ; and is bound to preserve by it's power , lawes and armes , their sacred and celestiall priviledges and soveraignty . . whatsoever lawes civilly enacted by king or parliament they conceive to be against the lawes of the kingdome of christ , by their native proper intrinsecall right immediately derived from christ , they may repeale and make voyd , discharge the subject to obey them . they may decree not onely different lawes of their owne from the standing lawes of the kingdome , but contrary , contradictory and destructive of them . and have withall so much coactive power , that if obedience be denyed to the lawes of this soveraignty , they can destroy the soules of the subjects , by delivering them over to satan . . no minister preaching in pulpit , sedition or treason , or railing at king , councell , the prime iudges , is accountable , or punishable by king , parliament , councell , or any iudicatory whatsoever ; but from all he may appeale to the sanhedrim and consistorie as the sole and proper competent iudge . . what corroboration or civill confirmation , or sanction they demand of the king , which he is able to doe civilly ( for they will give him no formall interest in any sacred or religious thing ) he is bound to grant it , and to obey them as christ's immediate vice-gerents : otherwise they may excommunicate him . . reformation and preservation of religion , especially to prescribe the way and orders for reformation is solely theirs . . the king is bound to put their orders in execution ; but if neither he , nor his councell , nor his parliament will doe it , the inferiour iudges , the nobles , the commons , nay every individuall man to his utmost power , at their direction , are bound to doe it . . that they may without warrant of supreame authority , assemble where and when they will , for god and christ's cause , and for the liberty and peace of subject and kingdome in ordine ad spiritualia ; and there they may covenant together , sweare and subscribe for the glory of god , the advancement of religion , and conspire and combine in a mutuall defence one of another in this holy cause and league . . they teach and maintaine , that all soveraignty and majesty in a king is originally , immediately and properly derived from the communitie , and that onely by way of a fiduciary trust , so that it is habitually and radically still in the people , and the king hath no greater portion or proportion then he hath by the first popular fundamentall constitution . and in case of deficiency , the collective body may supply in church or state the defects of his government . for mal-administration the king is censurable ; for enormous errors he is deposable , and they may disinherite his posteritie . . that a defensive warre is lawfull against a bad king , or a weake king seduced by malignant councell . . they may oppose and resist all his officers and commissioners by force and violence , if they come to execute his illegall commands . and if he will be so obstinate that he will come in armes against these good christians , they resist not his authority , but his will : nor his office , but his person . besides their practice , upon these grounds , is to bring all cases all causes under their cognition and iudgement , sub formalitate scandali , by which the king is robbed of his sacred prerogative ; the iudges of their authority ; and all subjects of their right and quiet . the rest of their extravagant maximes inconsistent with monarchy and the peace of government are reduceable to those heads . more then this you desired not . sir , being infinitely obliged to you , and honouring you much for your worth and excellent parts , cursorily and hastily , i have written this answer to you . not intending thereby to reproach any person particularly whatsoever , but to lay open to the world how dangerous a government this is , not onely for monarchy , but for all governments whatsoever : and that our eyes being opened we may chuse rather to endure any torment temporary , then to enter into this treacherous and damnable covenant , destructive of religion , king , church , peace of all , and the liberty of the subject . to sweare to these things as established de jure divino , and to put on poore people to act treason and rebellion , making them beleeve they are confessors and martyrs . if this give you any satisfaction , i have what i desire : if you doubt of the truth of any thing , i hope i am able to make all here good by faithfull and authentick records , or testimony of such as are worthy of trust . i pray you keep it for your owne use onely , for i should be loath any but a friend see it , it is so rudely done , but i dare say truly and faithfully . god save his church from this scourge , and give us peace and truth , which shall be the dayly prayer of your poore friend and obliged servant . notes, typically marginal, from the original text notes for div a e- ioh. ● act. . . of the session , hovv and of vvhom constituted . the minister is moderator . he hath no negative voyce . the iurisdiction spirituall is radically in the lay-elders . their foure sacred ordes . this yeare they are saered , the next yeare prophane . the competent cases of this session . they enjoyn civill punishments and fines . they will not baptise the child , if either of the parents have not payed the fine or satisfied the church . the membe●● constituents of the presbyterie . the cases proper to it . the time of meeting . lay preachers . the presbyterie hath kept state vvith king iames . all cases and crimes are vvithin the censure of the presbyterie , crimes suspected , are curiously here inquired after . presbyteriall government inconsistent vvith the liberty of trade and commerce . inconsistent vvith the authority of civill iudicatories . the presbytery at pleasure repealeth royall grants by lavv confirmed . the presbyterie vvill not suffer landlords to sue for their rents . some fevv of the presbyterie tyrannize over the rest of their poore brethren , remove and transplant at pleasure . a honest man removed frō his place , and one by them brought in to make avvay sacrilegiously the church patrimonie . the presbytery the seminary and nursery of feuds . what it is . the extent of their power . the cases which fall within their iurisdiction . the politick stratagem of the great gamaliels . the great honour which is given to the patriarchall presbyters . the presumptuous carriage of m. r. bruce tovvard k. iames . the countrey honour not these apostles in the name of a disciple , as it appeareth by the disrespect all other ministers have from their parishioners . the prerogative of this court . the independent soveraignty of it . of vvhom , and hovv it is composed . hovv the king is a member of it , and of no povver above the meanest ruling elder . the king must execute their commands although they be against his conscience . the proper moderator is a preacher . they indict the assembly by their ovvne povver . the vast povver of this court . lay-men judges in highest points of faith and worship , &c. commissioners of burrowes are there onely in a lay-capacity . we find doctors no where . the power which this sanhedrim assumeth to it selfe , they are above the king , and all soveraignty . if they cannot reforme by the king , they may by any other meanes else . religion may be reformed or preserved by violence . if the king will not , the nobles may . if neither king nor nobles , the people may . if nobles & commons joyne , there is hope of some greater successe . inferiour magistrates and people may joyne . every individuall in this good worke , may , & ought to the utmost of his povver , to intend and endeavour reformation . all , or as many as are well affected , may covenant and combine for doing this work . the confederats may by themselves give orders . practises upon the tenets . orders of reformation prescribed without the authority of soveraignty . they charge their adverse party to obey their orders . they protost against king and parliament . they contemne soveraign authority . they usurpe royall povver . they renounce their lavvfull soveraigne . they command all the brotherhood to be assistants . they are obeyed , the queenes herald is abused . they denounce vvarre against their adversaries . they vvill heare of no peace , but enter into a combination for mutuall defence . they depose the queene regent . the author 's modest opinion of that is called the first reformation of scotland . practice of mischief done by private men , & commended by them . when they demand the royall conformation of their decrees it is only an act of courtesie . an instance . anno . . another instance , anno . . they set on their discipline by themselves . all must preach as they direct . they appoynt publike fasts . a strange affront offered to king iames . none preaching treason is censurable by any but by them . the soveraignty ecclesiasticall tyrannizeth over conscience body & estate . this court is iudge of treason in relation to religion , and of fit & worthy councellors for a king . the soveraignty of the assembly is above all lavves , and may repeale them . all iudicatories are subordinate to this sanhedrim . a holy trick vvhich hatcheth all sedition and treason . the storie of . december . their dogmaticall creed . lex, rex the law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of scotland and of their expedition for the ayd and help of their dear brethren of england : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled sacro-sancta regum majestas, or, the sacred and royall prerogative of christian kings, under the name of j. a. but penned by jo. maxwell the excommunicate p. prelat. : with a scripturall confutation of the ruinous grounds of w. barclay, h. grotius, h. arnisœus, ant. de domi p. bishop of spalata, and of other late anti-magistratical royalists, as the author of ossorianum, d. fern, e. symmons, the doctors of aberdeen, &c. : in xliv questions. rutherford, samuel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r estc r ocm this keyboarded and encoded edition of the work 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) lex, rex the law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of scotland and of their expedition for the ayd and help of their dear brethren of england : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled sacro-sancta regum majestas, or, the sacred and royall prerogative of christian kings, under the name of j. a. but penned by jo. maxwell the excommunicate p. prelat. : with a scripturall confutation of the ruinous grounds of w. barclay, h. grotius, h. arnisœus, ant. de domi p. bishop of spalata, and of other late anti-magistratical royalists, as the author of ossorianum, d. fern, e. symmons, the doctors of aberdeen, &c. : in xliv questions. rutherford, samuel, ?- . [ ], (i.e. ) p. printed for iohn field ..., london : octob. , . attributed to samuel rutherford. cf. bm. reproduction of original in thomason collection, british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of 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readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng maxwell, john, ?- . -- sacro-sancta regum majestas. barclay, william, ?- ? grotius, hugo, - . divine right of kings. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion lex , rex : the law and the prince . a dispute for the just prerogative of king and people . containing the reasons and causes of the most necessary defensive wars of the kingdom of scotland , and of their expedition for the ayd and help of their dear brethren of england . in which their innocency is asserted , and a full answer is given to a seditious pamphlet , intituled , sacro-sancta regum majestas , or the sacred and royall prerogative of christian kings ; under the name of j. a. but penned by jo : maxwell the excommunicate p. prelat . with a scripturall confutation of the ruinous grounds of w. barclay , h. grotius , h. arnisaeus , ant. de domi. p. bishop of spalato , and of other late anti-magistratical royalists ; as , the author of ossorianum , d. fern , e. symmons , the doctors of aberdeen , &c. in xliv . questions . published by authority . sam . . . but if you shall still do wickedly , ye shall be consumed , both ye and your king. london : printed for iohn field , and are to be sold at his house upon addle-hill , neer baynards-castle . octob. . . the preface . who doubteth ( christian reader ) but innocencie must be under the courtesie and mercy of malice , and that it is a reall martyrdome , to be brought under the lawlesse inquisition of the bloody tongue ? christ , the prophets and apostles of our lord , went to heaven with the note of traytors , seditious men , and such as turned the world upside down : calumnies of treason to caesar , were an ingredient in christs cup , and therefore the author is the more willing to drink of that cup that touched his lip , who is our glorious forerunner : what if conscience toward god , and credit with men , cannot both go to heaven with the saints , the author is satisfied with the former companion , and is willing to dismisse the other . truth to christ , cannot be treason to caesar , and for his choise he judgeth truth to have a nearer relation to christ jesus , then the transcendent and boundlesse power of a mortall prince . he considered that popery and defection had made a large step in britain , and that arbitrary government had over-swelled all banks of law , that it was now at the highest float , and that this sea approaching the farthest border of fancied absolutenes , was at the score of ebbing : and the naked truth is , prelats , a wild and pushing cattle to the lambs and flock of christ , had made a hideous noyse , the wheeles of their chariot did run an equall pace with the blood-thirsty mind of the daughter of babell . prelacie , the daughter planted in her mothers blood , must verifie that word , as is the mother , so is the daughter : why , but do not the prelates now suffer ? true , but their suffrings are not of blood , or kindred , to the calamities of these of whom lactantius saith , l. . c. . o quam honesta volunt ate miseri erant . the causes of their suffring are , . hope of gain and glory , stirring their helme to a shoare they much affect ; even to a church of gold , of purple , yet really of clay and earth . . the lye is more active upon the spirits of men , not because of its own weaknesse , but because men are more passive in receiving the impressions of error , then truth ; and opinions lying in the worlds fat wombe , are of a conquering nature , what ever notions side with the world , to prelates and men of their make are very efficacious . there is another cause of the sicknesse of our time ; god plagued heresie , to beget atheisme and security , as atheisme and security had begotten heresie , even as clouds through reciprocation of causes engender rain , rain begate vapours , vapours clouds , and clouds rain , so do sins overspread our sad times in a circular generation . and now judgement presseth the kingdoms , and of all the heaviest judgements the sword , and of swords the civill sword , threatneth vastation , yet not , i hope , like the roman civill sword , of which it was said , bella geri placuit nullos habitura triumphos . i hope this war shal be christs triumph , babylons ruine . that which moved the author , was not as my excommunicate adversary , like a thraso , saith , the escapes of some pens , which necessitated him to write , for many before me hath learnedly trodden in this path ; but that i might adde a new testimony to the times . i have not time to examine the p. prelates preface , only , i give a tast of his gall in this preface , and of a virulent peece , of his ( agnosco stylum et genium thrasonis ) in which he laboureth to prove how inconsistent presbyteriall government is with monarchy , or any other government . he denyeth that the crown and scepter is under any coactive power of pope , or presbiterie , or censurable , or dethroneable : to which we say , presbyteries professe that kings are under the coactive power of christs keyes of discipline , and that prophets and pastors , as ambassadors of christ , have the keyes of the kingdom of god , to open and let in beleeving princes , and also to shut them out , if they rebel against christ ; the law of christ excepteth none , mat. . . mat. . , . cor. . . jer. . . . if the kings sins may be remitted in a ministeriall way , as joh. . , . as prelates and their priests absolve kings ; we think they may be bound by the hand that loosed , presbyteries never dethroned kings , never usurped that power ; your father p. prelate , hath dethroned many kings ; i mean the pope , whose power , by your own confession cap. . pag. . differeth from yours by divine right , only in extent . when sacred hierarchy , the order instituted by christ , is overthrown , what is the condition of soveraignty ? ans. surer then before , when prelates deposed kings . . i fear christ shall never own this order . the mitre cannot suffer , and the diadem be secured . ans. have kings no pillars to their thrones , but antichristian prelates . prelates have trampled diadem and scepter under their feet , as histories teach us . doe they not ( puritans ) magisterially determine , that kings are not of gods creation by authoritative commission ; but only by permission , extorted by importunity , and way given , that they may be a scourge to a sinfull people ? ans. any unclean spirit from hell , could not speak a blacker lye , we hold that the king , by office , is the churches nurse father , a sacred ordinance , the deputed power of god ; but by p. p. his way , all inferior judges , and gods deputies on earth , who are also our fathers in the fifth commandements stile , are to be obeyed by no divine law ; the king misled by p. prelates , shall forbid to obey them , who is , in right-down truth , a mortall civill pope , may loose and liberate subjects from the tye of a divine law . his inveying against ruling elders , and the rooting out of antichristian prelacie , without any word of scripture on the contrary , i passe as the extravagancy of a male-content , because he is deservedly excommunicated for perjury , popery , socinianisme , tyranny over mens conscience , and invading places of civill dignity , and deserting his calling , and the camp of christ , &c. none were of old anoynted , but kings , priests and prophets , who then more obliged , to maintain the lords anoynted , then priests and prophets ? the church hath never more beauty and plenty under any government , then monarchy , which is most countenanced by god , and magnified by scripture . ans. pastors are to maintain the rights of people , and a true church , no lesse then the right of kings ; but prelates the court parasites , and creatures of the king , that are born for the glory of their king , can do no lesse then professe this in words , yet it is true , that tacitus writeth of such , hist. l. . libentius cum fortuna principis , quam cum principe loquuntur : and it is true , that the church hath had plenty under kings , not so much , because they were kings , as because they were godly and zealous : except the p. p. say , that the oppressing kings of israell and judah , and the bloody horns that made war with the lamb , are not kings . in the rest of the epistle , he extols the marques of ormond with base flattery , from his loyalty to the king , and his more then admirable prudence in the treaty of cessation with the rebells ; a woe is due to this false prophet , who calleth darknesse light , for the former was abominable , and perfidious apostacy from the lords cause , and people of god , whom he once defended , and the cessation was a selling of the blood of many hundred thousand protestants , men , women , and sucking children . this cursed p. hath written of late a treatise against the presbyteriall government of scotland , in which there is a bundle of lyes , hellish calumnies , and grosse errors . the first lye is , that we have lay-elders , whereas , they are such as rule , but labour not in the word and doctrine , tim. . . pag. . . the second lye , that deacons who only attend tables , are joynt rulers with pastors , pag. . . that we never , or little use the lesser excommunication , that is , debarring from the lords supper . pag. . . that any church judicature in scotland , exacteth pecuniary mulcts , and threaten excommunication to the non-payers , and refuseth to accept the repentance of any who are not able to pay : the civill magistrate only fineth for drunkennesse , and adultery , blaspheming of god , which are frequent sins in prelates . a calumnie it is to say , that ruling elders are of equall authority to preach the word , as pastors , pag. . . that lay-men are members of presbyteries or generall assemblies ; buchanan , and mr. melvin , were doctors of divinity : and could have taught such an asse as jo. maxwell . . that exspectants are intruders upon the sacred function , because as sons of the prophets , they exercise their gifts for tryall in preaching . . that the presbytery of edinbrough hath a superintending power , because they communicate the affaires of the church , and writ to the churches , what they hear prelates and hell devise against christ and his church . . that the king must submit his scepter to the presbytery ; the kings scepter is his royal office , which is not subject to any judicature , no more then any lawfull ordinance of christ ; but if the king as a man , blaspheme god , murther the innocent , advance belly-gods , ( such as our prelates for the most part were ) above the lords inheritance , the ministers of christ are to say , the king troubleth jsraell , and they have the keyes to open and shut heaven to , and upon the king , if he can offend . . that king james said , a scottish presbytery , and a monarchy , agreeth as well as god and the devill , is true , but king james meant of a wicked king ; else he spake as a man. . that the presbytery out of pride refused to answer king james his honourable messengers , is a lye , they could not in businesse of high concernment , return a present answer to a prince , seeking still to abolish presbyteries . . it s a lye , that all sins , even all civil businesse , come under the cognizance of the church , for only sins , as publikely scandalous , fall under their power , mat. . , , . &c. thess. . . tim. . . it is a calumnie that they search out secret crimes , or that ever they disgraced the innocent , or devided families , where there be flagrant scandals , and pregnant suspitions ; of scandalous crimes , they search out these , as the incest of spotswood , p. p. of saint andrewes , with his own daughter ; the adulteries of whiteford , p. p. of brichen , whose bastard came weeping to the assembly of glasgow in the armes of the whore : these they searched out , but not with the damnable oath ex officio , that the high commission put upon innocents , to cause them accuse themselves , against the law of nature . . the presbytery hinder not lawfull merchandize ; scandalous exhortation , unjust suits of law , they may forbid : and so doth the scripture , as scandalous to christians , cor. . . they repeal no civill lawes , they preach against unjust and grievous lawes , as , esa. cap. . . doth , and censure the violation of gods holyday , which prelates prophaned . . we know no parochiall popes , we turn out no holy ministers , but only dumbe dogs , non-residents , scandalous , wretched , and apostate prelates . . our moderator hath no dominion , the p. p. absolveth him , while he saith , all is done in our church by common consent , p. . . it is true , we have no popish consecration , such as p. p. contendeth for in the masse , but we have such as christ and his apostles used , in consecrating the elements . . if any sell the patrimony of the church , the presbytery censures him ; if any take buds of malt , meale , beeffe , it is no law with us , no more then the bishops five hundred markes , or a yeares stipend that the intrant gave to the lord bishop for a church . and who ever took buds in these dayes , ( as king james by the earl of dumbar , did buy episcopacie at a pretended assembly , by foule budding ) they were either men for the episcopall way , or perfidiously against their oath became bishops , all personall faults of this kind , imputed to presbyters , agree to them , under the reduplication of episcopall men . . the leading men , that covered the sins of the dying man and so losed his soul , were episcopall men : and though some of them were presbyterians , the faults of men cannot prejudice the truth of god ; but the prelates alwayes cry out against the rigor of presbyteries , in censuring scandals , because they themselves do ill , they hate the light ; now here the prelate condemneth them of remissenesse in discipline . . satan , a lier from the beginning , saith , the presbyterie was a seminary and nursery of fiends , and contentions , & bloods : because they excommunicated murtherers against king james his will : which is all one as to say , prophecying is a nurse of bloods , because the prophets cryed out against king achab , and the murtherers of innocent naboth : the men of god must be either on the one side , or the other , or then preach against reciprocation of injuries . . it is false , that presbyteries usurp both swords : because they censure sins , which the civill magistrate should censure and punish . elias might be said then to mix himselfe with the civill businesse of the kingdom , because he prophecied against idolators killing of the lords prophets , which crime the civill magistrate was to punish . but the truth is , the assembly of glasgow , . condemned the prelates , because they being pastors , would be also lords of parliament , of session , of secret counsell , of exchequer , judges , barons , and in their lawlesse high commission , would fine , imprison , and use the sword . . it is his ignorance , that he saith , a provinciall synod is an associate body chosen out of all judiciall presbyteries , for all pastors , and doctors , without delegation , by vertue of their place and office , repaire to the provinciall synods , and without any choice at all , consult and voice there . . it is a lye , that some leading men rule all here ; indeed episcopall men made factions to rent the synods : and though men abuse their power to factions , this cannot prove that presbyteries are inconsistent with monarchie ; for then the prelate , the monarch of his diocesian rout , should be anti-monarchiall in a higher manner , for he ruleth all at his will. . the prime men , as mr. r. bruce the faithfull servant of christ , was honoured and attended by all , because of his suffering , zeal , holinesse , his fruitfull ministery in gaining many thousand souls to christ : so , though king james cast him off , and did swear , by gods name he intended to be king , ( the prelate maketh blasphemy a vertue in the king ) yet king james sware he could not find an honest minister in scotland to be a bishop , and therefore he was necessitated to promote false knaves ; but he said sometimes , and wrote it under his hand , that mr. r. bruce was worthy of the half of his kingdom : but will this prove presbyteries inconsistent with monarchies ? i should rather think , that knave bishops , by king james his judgement , were inconsistent with monarchies . . his lyes of mr. r. bruce , excerpted out of the lying manuscript of apostat spotswood , in that he would not but preach against the kings recalling from exile some bloody popish lords , to undo all , are nothing comparable to the incests , adulteries , blasphemies , perjuries , sabbath-breaches , drunkennesse , prophanity , &c. committed by prelates before the sun. . our generall assembly is no other then christs court , act. . made up of pastors , doctors , and brethren or elders . . they ought to have no negative vote , to impede the conclusions of christ in his servants . . it is a lye , that the king hath no power to appoint time an● place for the generall assembly ; but his power is not privative to destroy the free courts of christ , but accumulative to ayd and assist them . . it is a lye , that our generall assembly may repeal laws , command and expect performance of the king , or then excommunicate , subject to them , force & compell king , judges , and all , to submit to them . they may not force the conscience of the poorest begger , nor is any assembly infallible , nor can it lay bounds upon souls of iudges , which they are to obey with blind obedience , their power is ministeriall , subordinate to christs law ; and what civill laws parliaments make against gods word , they may authoritatively declare them to be unlawfull ; as though the emperour , act. . had commanded fornication and eating of blood , might not the assembly forbid these in the synod ? i conceive the prelates , if they had power , would repeal the act of parliament made , an. . in scotland , by his majestie personally present , and the three estates concerning the anulling of these acts of parliament , and laws , which established bishops in scotland . e●g . bishops set themselves as independent monarchs , above kings and laws : and what they damne in presbyteries and assemblies , that they practise themselves . . commissioners from burroughs , and two from edinbrough , because of the largenesse of that church , not for cathedrall supereminence , sit in assemblies , not as sent from burroughs , but as sent and authorized by the church session , of the burrough , and so they sit there in a church capacity . . doctors both in accademies , and in parishes , we desire , and our book of discipline holdeth forth such . . they hold ( i beleeve with warrant of gods word ) if the king refuse to reform religion , the inferior iudges and assembly of godly pastors , and other church officers may reform ; if the king will not kisse the sun , and do his duty in purging the house of the lord , may not eliah and the people do their duty , and cast out baals priests ? reformation of religion is a personall act that belongeth to all , even to any one private person according to his place . . they may swear a covenant without the king , if he refuse ; and build the lords house , chron. . . themselves : and relieve and defend one another , when they are oppressed . for my acts and duties of defending my self and the oppressed , do not tye my conscience conditionally , so the king consent , but absolutely , as all duties of the law of nature doe , jer. . . prov. . . esa. . . esa. . . . the p. p. condemneth our reformation , because it was done against the will of our popish queen . this sheweth what estimation he hath of popery , and how he abhorreth protestant religion . . they deposed the queen for her tyranny , but crowned her son ; all this is vindicated in the following treatise . . the killing of the monstrous and prodigious wicked cardinall in the castle of st. andrews , and the violence done to the prelates , who against all law of god and man obtruded a masse service upon their own private motion , in edinbrough an. . can conclude nothing against presbyteriall government , except our doctrine commend these acts as lawfull . . what was preached by the servant of christ , whom p. . he calleth the scottish pope , is printed , and the p. p. durst not , could not , cite any thing thereof as popish or unsound , he knoweth that the man whom he so slandereth , knocked down the pope and the prelates . . the making away the fat abbacies and bishopricks , is a bloody heresie to the earthly minded prelate : the confession of faith commended , by all the protestant churches , as a strong bar against popery , and the book of discipline , in which the servants of god laboured twenty yeares , with fasting and praying , and frequent advice and counsell , from the whole reformed churches , are to the p. p. a negative faith , and devote imaginations ; it s a lye , that episcopacie by both sides was ever agreed on by law in scotland . . and was it a heresie that m. melvin taught , that presbyter and bishop are one function in scripture ? and that abbots and priors were not in gods book ? dic ubi legis : and is this a proof of inconsistency of presbyteries with a monarchie ? it is a heresie to the p. p. that the church appoynt a fast , when king james appoynted an unseasonable feast , when gods wrath was upon the land , contrary to gods word , esa. . , , . and what , will this prove presbyteries to be inconsistent with monarchies ? . this assembly is to judge , what doctrine is treasonable ; what then ? surely the secret counsell and king , in a constitute church is not synodically to determine what is true or false doctrine , more then the roman emperor could make the church canon , act. . . m. gibson , m. black , preached against king james his maintaining the tyranny of bishops , his sympathizing with papists and other crying sins , and were absolved in a generall assembly , shal this make presbyteries inconsistent with monarchie ? nay , but it proveth only , that they are inconsistent with the wickednesse of some monarchies ; and that prelates have been like the four hundred false prophets that flattered king achab ; and these men that preached against the sins of the king , and court , by prelates in both kingdomes , have been imprisoned , banished , their noses ript , their cheeks burnt , their eares cut . . the godly men that kept the assembly of aberdeen , an. . did stand for christs prerogative when k. james took away all generall assemblies , as the event proved ; and the king may with as good warrant inhibit all assemblies for word and sacraments , as for church discipline . . they excommunicate not for light faults and trifles as the lyar saith : our discipline saith the contrary . . this assembly never took on them to chose the kings counsellours , but these who were in authority took k. james , when he was a child , out of the company of a corrupt and seducing papist , esme duke of lennox , whom the p. p. nameth , noble , worthy , of eminent indowments . . it is true , glasgow assembly . voted down the high commission , because it was not consented unto by the church , and yet was a church judicature which took upon them to judge of the doctrine of ministers , and deprive them , and did incroach upon the liberties of the established lawfull church judicatures . . this assembly might well forbid m. john graham minister , to make use of an unjust decree , it being scandalous in a minister to oppresse . . though nobles , barons , and burgesses , that professe the truth , be elders , and so members of the generall assembly , this is not to make the church the house , and the common-wealth the hangings ; for the constistuent members , we are content to be examined by the patern of synods , act. . v. , . is this inconsistent with monarchie ? . the commissioners of the generall assembly , are . a meer occasionall judicature . . appointed by , and subordinate to the generall assembly . . they have the same warrant of gods word , that messengers of the synod , act. . v. . . hath . . the historicall calumnie of the . day of december , is known to all ; . that the ministers had any purpose to dethrone king james , and that they wrote to john l. marquesse of hamilton to be king , because k. james had made defection from the true religion : satan devised , spotswood and this p. p. vented this , i hope the true history of this is known to all . the holiest pastors , and professors in the kingdom , asserted this government , suffered for it , contended with authority only for sin , never for the power and office ; these on the contrary side were men of another stamp , who minded earthly things , whose god was the world . . all the forged inconsistency betwixt presbyteries and monarchies , is an opposition with absolute monarchie ; and concludeth with alike strength , against parliaments , and all synods of either side , against the law , and gospell , preached , to which kings and kingdoms are subordinate . lord establish peace and truth . farewell . the table of the contents of the book . quest . i. whether government be by a divine law ? affirmed , pag. . how government is from god , ibid. civill power in the root , immediately from god , pag. , quest . ii. whether or no goverment be warranted by the law of nature ? affirmed , ibid. civil societie naturall in radice , in the root , voluntary , in modo , in the manner , ibid. power of government , and power of government , by such and such magistrates , different , pag. , . civil subjection not formally from natures law , pag. . our consent to laws penal , not antecedently naturall , ibid. government by such rulers , a secondary law of nature , ibid. family government and politike , different , ibid. government by rulers , a secondary law of nature ; family government , and civil , different , pag. . civil government by consequent , naturall , pag. . quest . iii. whether royall power , and definite forms of government be from god ? affirmed , ibid. that kings are from god , understood in a fourfold sense , pag. , . the royall power hath warrant from divine institution , pag. . the three forms of government , not different in spece and nature , p. . how every form is from god , ibid. how government is an ordinance of man , pet. . . pag. , . quest . iv. whether or no , the king be onely and immediately from god , and not from the people ? prius distinguitur , posterius prorsus negatur , pag. . how the king is from god , how from the people , ibid. royall power three wayes in the people , p. , . how royall power is radically in the people , p. . the people mak●th the king , ibid. how any form of government is from god , p. . how government is a humane ordinance , pet. . . p. , . the people creat the king , p. , . making a king , and choosing a king , not to be distinguished , p. ▪ . david not a king formally , because anointed by god , p. , . quest . v. whether or no , the p. p. proveth , that soveraignty is immediately from god , not from the people ? p. . kings made by the people , though the office , in abstracto , were immediately from god , p. . the people have a reall action , more then approbation in making a king , p. , kinging of a person ascribed to the people , p. . kings in a speciall manner , are from god , but it followeth not : ergo , not from the people , p. . the place , prov. . . proveth not , but kings are made by the people . p. , . nebuchadnezzar and other heathen kings , had no just title before god , to the kingdom of judah , and divers other subdued kingdoms , p. , . quest . vi. whether or no , the king be so allanerly from both in regard of soveraignty and designation of his person , as he is no wayes from the people , but onely by meer approbation ? negatur , pag. , . the forms of government , not from god by an act of naked providence , but by his approving will , ibid. soveraignty not from the people by sole approbation , p. , . though god have peculiar acts of providence in creating kings , it followeth not hence , that the people maketh not kings , p. . the p. prelate , exponeth prophecies true onely of david , solomon , and iesus christ , as true of prophane heathen kings , p. , . the p. p. maketh all the heathen kings to be princes , anointed with the holy oyl of saving grace , ibid. quest . vii . whether the p. prelate conclude , that neither constitution , nor designation of kings is from the people ? negatur , p. , . the excellency of kings , maketh them not of gods onely constitution and designation , ibid. how soveraigntie is in the people , how not , p. . a communitie doth not surrender their right and libertie to their rulers ; so much as their power active , to do , and passive , to suffer violence , p. , . gods loosing of the bonds of kings , by the mediation of the peoples despising him , proveth against the p. p. that the lord taketh away , and giveth royall majestie mediately , not immediately , p. , . the subordination of people to kings and rulers , both naturall and voluntary ; the subordination of beasts and creatures to man meerly naturall , p. , . the place , gen. . . he that shedeth man's blood , &c. discussed , p. , . quest . viii . whether or no , the p. prelate proveth , by force of reason , that the people cannot be capable of any power of goverment ? negatur , pag. , . in any communitie there is an active and passive power to government , p. . popular government is not that wherein all the whole people are governours , p. , . people by nature are equally indifferent to all the three governments , and are under not any one by nature , p. . the p. prelate , denyeth the pope his father to be the antichrist , ibid. the bad successe of kings chosen by people , proveth nothing against us , because kings chosen by god , had bad successe through their own wickednesse , p. , . the p. prelate condemneth king charls his ratifying , parl. . an. . the whole proceedings of scotland in this present reformation , p. . that there be any supreme judges , is an eminent act of divine providence , which hindereth not , but that the king is made by the people , p. . the people not patients in making a king , as is water in the sacrament of baptisme , in the act of production of grace , p. . quest . ix . whether or no , soveraigntie is so in and from the people , that they may resume their power in time of extreme necessity ? negatur . pag. . how the people is the subject of soveraignty , ibid. no tyrannicall power is from god , p. . people cannot alienate the naturall power of self-defence , ibid. the power of parliaments , p. . the parliament hath more power then the king , ibid. judges and kings differ , p. . people may resume their power , not because they are infallible , but because they cannot so readily destroy themselves , as one man may do , p. . that the san●drim punished not david , bathsheba , joab , is but a fact , not a law , p. , . there is a subordination of creatures naturall , government must be naturall ; and yet this , or that form , is voluntary , p. , , . quest . x. whether or not royall birth be equivalent to divine unction ? negatur . pag. . impugned by eight arguments . ibid. royalty not transmitted from father to sonne . ibid. a family may be chosen to a crown as a single person is chosen , but the tye is conditionall in both . pag. . . the throne by speciall promise made to david and his seed , by god , psal. . no ground to make birth , in foro dei , a just title to the crowne . pag. . a title by conquest to a throne must be unlawfull , if birth be gods lawfull title . pag. . royalists who held conqu●st to be a just title to the crown , teach manifest treason against king charles , and his royall heires . ibid. only , bona fortunae , not honour or royalty properly transmittable from father to sonne . pag. . violent conquest cannot regulate the consciences of people , to submit to a conquerour as their lawfull king. pag. . naked birth is inferiour to that very divine unction , that made no man a king without the peoples election . pag. . if a kingdome were by birth the king might sell it . pag. . the crown is the patrimony of the kingdome , not of him who is king , or of his father pag. , , . birth a typicall designement to the crowne in israel . pag. . the choise of a family to the crowne resolveth upon the free election of the people , as on the fountaine-cause . pag. . election of a family to the crown lawfull . pag. . quest . xi . whether or no , he be more principally a king , who is a king by birth , or he who is a king by the free election of the people ? affir . posterius , pag. . the elective king commeth nearer to the first king. deut. . pag. . if the people may limit the king , they give him the power . ibid. a community have not power formally to punish themselves . pag. . the hereditary and the elective prince in divers considerations better , or worse , each one then another . pag. . quest . xii . whether or no a kingdome may lawfully be purchased by the sole title of conquest . negatur . pag. . . argu. for the nega● ▪ a twofold right of conquest . ibid. conquest turned in an after-consent of the people , becommeth a just title . pag. . conquest not a signification to us of gods approving will. pag. . meere violent domineering contrary to the acts of governing . ibid. violence hath nothing in it of a king. ibid. a bloody conquerour not a blessing , per se , as a king is , pag. . strength as prevailing is not law or reason . pag. fathers cannot dispone of the liberty of posterity not borne . ibid. a father as a father hath not power of life and death . pag. . israels and davids conquests of the canaanites , edomites , ammonites not lawfull , because conquest , but upon a divine title of gods promise . pag. . . quest . xiii . whether or no royall dignity have its spring from nature , and how that is true ( every man is borne free ) and how servitude is contrary to nature ; affir . . seven sorts of superiority and inferiority . pag. , . power of life and death from a positive law. ibid. a dominion antecedent and consequent . . kings and subjects no naturall order . ibid. a man is borne , consequenter , in politick relation . pag. . slavery not naturall from four reasons . ibid. every man borne free in regard of civill subjection ( not in regard of naturall , such as of children , and wife to parents and husband ) proved by seven arguments . pag. , , . politique government how necessary , how naturall . pag. . that parents should inslave their children , not naturall . pag. . quest . xiv . whether or no the people make a person their king conditionally , or absolutely ; and whether the king be tyed by any such covenant ? pag. . the king under a naturall , but no civill obligation to the people , as royalists teach . ibid. the covenant civilly tyeth the king , proved by scriptures and reasons , by . argu. ibid. & sequent . jf the condition without which one of the parties would never have entered in covenant , be not performed , that party is loosed from the covenant . pag. . the people and princes are obliged in their places for iustice and religion , no lesse then the king. pag. . in so farre as the king presseth a false religion on the people , eatenus , in so farre they are understood not to have a king. pag. . the covenant giveth a mutuall coactive power to king and people , to compell each other , though there be not one in earth higher then both to compell each of them . pag. . the covenant bindeth the king as king , not as he is a man onely . pag. . one or two tyrannous acts deprive not the king of his royall right . pag. . though there were no positive written covenant ( which yet we grant not ) yet there is a naturall , tacit , implicit covenant tying the king , by the nature of his office. pag. if the king be made king absolutely , it is contrary to scripture , and the nature of his office. pag. . the people given to the king as a pledge , not as if they became his owne to dispose of at his absolute will. pag. . the king could not buy , sell , borrow , if no covenant should tye him to men . ibid. the covenant sworne by iudah , chro. . tyed the king. pag. . quest . xv. whether the king be univocally or only analogically and by proportion a father , pag. adam not king of the whole earth , because a father . ibid. the king a father metaphorically and improperly , proved by eight arguments . ibid. & sequent . quest xvi . whether or no a despoticall or masterly dominion agree to the king , because he is king. negatur . pag. the king hath no masterly dominion over the subjects , as if they were his servants . proved by . arguments . pag. . the king not over men as reasonable creatures to domineere . pag. . the king cannot give away his kingdome or his people , as if they were his proper goods . ibid. a violent surrender of liberty tyeth not . pag. a surrender of ignorance is in so farre , unvoluntary , as it oblige not . ibid. the goods of the subjects not the kings , proved by . argu. pag. . all the goods of the subjects are the kings in a four-fold sence· pag. · qvest. xvii . whether or no , the prince have properly the fiduciary or ministeriall power of a tutor , husband , patron , minister , head , master of a family , not of a lord or dominator . affirmed , p. . the king a tutor rather then a father , as these are distinguished , ibid. a free communitie not properly , and in all respects , a minor and pupill , p. . the kings power not properly maritall and husbandly . ibid. the king a patron , and servant . pag. . the royall power only from god , immediatione simplicis constitutionis , & solum solitudine causae primae , but not immediatione applicationis dignitatis ad personam . pag. . the king the servant of the people both objectively , and subjectively . pag. . the lord and the people by one and the same act according to the physicall relation maketh the king. ibid. the king head of the people metaphorically only , not essentially , not univocally by . argu. pag. . his power fiduciary only . pag. . qvest. xviii . what is the law or manner of the king , sam. , , . the place discussed fully . pag. . the power and the office badly differenced by barclay . pag. . what is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the king , by the harmony of interpretors ancient and moderne , protestants and papists . pag. , , . crying out , sam. . not necessarily a remedy of tyranny , nor a praying with faith and patience , pag. , . resisting of kings that are tyrannous and patience not inconsistent . ibid. the law of the king not a permissive law , as was the law of devorcement . pag. , . the law of the king , sam. . , . not a law of tyranny , pag. , . qvest. xix . whether or no the king be in dignity and power above the people ? neg. impugned by . argu. p. . in what consideration the king is above the people , and the people above the king. pag. , . a meane as a meane inferiour to the end , how its true . ibid. the king inferiour to the people . ibid. the church because the church is of more excellency then the king , because king. pag. , . the people being those to whom the king is given , worthier then the gift . pag. . and the people immortall , the king mortall . pag. . the king a meane only , not both the efficient or author of the kingdome and a meane . two necessary distinctions of a meane . pag. , if sin had never been there should have been no king. pag. . the king is to give his life for his people . ibid. the consistent cause more excellent then the effect . pag. , , . the people then the king. pag. , . vnpossible people can limit royall power , but they must give royall power also . ibid. the people have an action in making a king , proved by foure arguments . ibid. though it were granted that god immediately made kings , yet it is no consequent god only , and not the people , can unmake him . pag. . the people appointing a king over themselves , retaine the fountaine-power of making a king. pag. , , . the meane inferiour to the end , and the king as king is a meane . pag. , , . the king as a meane , and also as a man inferiour to the people , pag. . to sweare non-selfe-preservation , and to sweare selfe-murther , all one . pag. . the people cannot make away their power . . their whole power , nor . irrevocably to the king. pag. . the people may resume the power they give to the commissioners of parliament , when it is abused , p. , the tables in scotland lawfull , when the ordinary judicaturies are corrupt , p. . quod efficit tale id ipsum magis tale , discussed , the fountain-power in the people , the derived onely in the king , p. , , . the king is a fiduciary , a life-renter , not a lord or heritor , p. , . how soveraigntie is in the people , p. , . power of life and death , how in a community , ibid. a communitie voide of rulers , is yet , and may be a politike body , p. . iudges gods analogically , p. . quest . xx. whether inferiour judges be essentially the immediate vicegerents of god , as kings , not differing in essence and nature from kings . affirmatur , proved by twelve arguments . pag. . inferiour iudges the immediate vicars of god , no lesse then the king , ibid. the consciences of inferiour iudges , immediately subordinate to god , not to the king , either mediately or immediately , p. . how the inferiour iudge is the deputy of the king ? p. , . he may put to death murtherers , as having gods sword committed to him , no lesse then the king , even though the king command the contrary ; for he is not to execute judgement , and to relieve the oppressed , conditionally , if a mortall king give him leave ; but whether the king will or no , he is to obey the king of kings , p. , . inferiour iudges are ministri regni , non ministri regis , p. , . the king doth not make iudges as he is a man , by an act of private good will ; but as he is a king , by an act of royall iustice , and by a power that he hath from the people , who made himself supreme iudge , p. , , . the kings making of inferiour iudges hindereth not , but they are as essentially iudges as the king , who maketh them , not by fountain-power , but by power borrowed from the people , p. , . the iudges in israel , and the kings , differ not essentially , p. . aristocracy as naturall as monarchie , and as warrantable , p. , . inferiour iudges depend some way on the king , in fieri , but not , in facto esse , p. , . the parliament not iudges by derivation from the king , p. . the king cannot make , nor unmake iudges , ibid. no heritable iudges , ibid. inferiour iudges more necessary then a king , p. , . quest . xxi . what power the people , and states of parliament , hath over the king , and in the state ? p. . the elders appointed by god , to be iudges , p. . parliaments may conveen , and judge without the king , p. , . parliaments are essentially iudges , and so their consciences neither dependeth on the king , quoad specificationem , that is , that they should give out this sentence , not this , nec quoad exercitium , that they should not in the morning execute judgement , p. , . vnjust judging , and no judging at all , are sins in the states , p. . the parliament coordinate iudges with the king , not advisers onely , by eleven arguments . p. , , inferior iudges not the kings messengers or legates , but publike governours , p. . the jews monarchie mixt , p. . a power executive of laws more in the king , a power legislative more in the parliament , p. , . quest . xxii . whether the power of the king as king , be absolute , or dependent , and limited by gods first mould and patern of a king ? negatur , prius , affirmatur , posterius , p. . the royalists make the king as absolute as the great turk , p. . the king not absolute in his power , proved by nine arguments , p. . , , seq . why the king is a living law , p. . power to do ill , not from god , ibid. royalists say , power to do ill is not from god , but power to do ill as punishable by man , is from god , p. . a king , actu primo , is a plague , and the people slaves , if the king by gods institution be absolute , p. . absolutenesse of royaltie against iustice , peace , reason , law , p. . against the kings relation of a brother , p. . a damsel forced , may resist the king , ibid. the goodnesse of an absolute prince hindereth not , but he is , actu primo , a tyrant , p. . quest . xxiii . whether the king hath a prerogative royall above laws ? negatur , p. . prerogative taken two wayes , ibid. prerogative above laws , a garland proper to infinite majestie , ibid. a threefold dispensation , . of power , . of justice , . of grace , p. . acts of meer grace , may be acts of blood , p. . an oath to the king of babylon , tyed not the people of judah to all that absolute power could command , ibid. the absolute prince , is as absolute in acts of crueltie , as in acts of grace , p. . servants are not , pet. . , . interdited of self-defence , p. , . the parliament materially onely , not formally , hath the king for their lord , p. . reason not a sufficient restraint to keep a prince from acts of tyranny , ibid. princes have sufficient power to do good , though they have not absolute to do evil . p. . a power to shed innocent blood , can be no part of any royall power given of god , p. . the king , because he is a publike person , wanteth many priviledges that subjects have , p. , . quest . xxiv . what relation the king hath to the law ? p. . humane laws considered as reasonable , or as penal , ibid. the king alone hath not a nemothetick power , p. . whether the king be above parliaments , as their iudge ? p. , p. , , . subordination of the king to the parliament , and coordination both consistent , p. , . each one of the three governments hath somewhat from each other , and they cannot any one of them , be in its prevalency , conveniently without the mixture of the other two , p. , . the king as a king cannot erre , as he erreth in so far , he is not the remedie of oppression and anarchie , intended by god and nature , p. . in the court of necessitie , the people may judge the king , p. . humane laws not so obscure as tyranny is visible and discernable , p. , . it s more requisite , that the whole people , church , and religion , be secured , then one man , p. . if there be any restraint by law on the king , it must be physicall ; for a morall restraint is upon all men , p. , . to swear to an absolute prince as absolute , is an oath eatenus , in so far unlawfull , and not obligatory , p. . quest . xxv . whether the supreme law , the safetie of the people , be above the king ? affirmed , p. . the safetie of the people to be preferred to the king , for the king is no● to seek himself , but the good of the people , p. , . royalists make no kings , but tyrants , p. . how the safetie of the king is the safetie of the people , p. . a king for the safetie of the people , may break through the letter and paper of a law , p. . the kings prerogative above law and reason , not comparable to the blood that has been shed in ireland and england , p. , , . the power of dictators prove not a prerogative above law , p. , . quest . xxvi . whether the king be above the law ? p. , . the law above the king in four things , . in constitution , . direction , . limitation , . coaction , p. . in what sense the king may do all things , p. , . the king under the moralitie of laws . . vnder fundamentall laws , not under punishment to be inflicted by himself , nor because of the eminency of his place , but for the physicall incongruity thereof , p. , . if , and how the king may punish himself ? p. . that the king transgressing in a hainous manner , is under the coaction of law , proved by seven arguments , p. , , seq . the coronation of a king , who is supposed to be a just prince , yet proveth after a tyrant , is conditionall , and from ignorance , and so unvoluntary ; and in so far , not obligatory in law , p. , . royalists confesse , a tyrant in exercise may be dethroned , p. , . how the people is the seat of the power of soveraigntie , p. , . the place , psal. . against thee onely have i sinned , &c. discussed , p. , . israels not rising in arms against pharaoh , examined , p. , , , , . and judahs not working their own deliverance under cyrus , p. , . a covenant without the kings concurrence lawfull , p. , , . quest . xxvii . whether or no , the king be the sole , supreme and finall interpreter of the law ? negatur , p. . he is not the supreme and peremptor interpreter , p. . nor is his will the sense of the law , p. , . nor is he the sole , and onely judiciall interpreter of the law , p. , , , seq . quest . xxviii . whether or no wars raised by the estates and subjects for their owne just defence against the kings bloody emissaries be lawfull ? affir . p. . the state of the question . p. , , if kings be absolute , a superiour iudge may punish an inferiour iudge , not as a iudge , but an erring man. ibid. by divine institution , all covenants to restraine their power must be unlawfull . p. , . resistance in some cases lawfull , p. , , . six arguments for the lawfulnesse of defensive wars , in this quest. . seq . many others follow , quest. . and . seq . quest . xxix . whether in the case of defensive war , the distinction of the person of the king as a man , who may , and can commit hostile acts of tyranny against his subjects , and of the office and royall power that he hath from god and the people , can have place ? affirmatur . p. . the kings person in concreto , and his office in abstracto , or which is all one , the king using his power lawfully , to be distinguished , rom. ▪ p. . to command unjustly maketh not a higher power . p. . . the person may be resisted , and yet the office cannot be resisted , prooved by fourteene arguments . p. , . seq . contrary objections of royalists , and of the p. prelate answered , p. , . seq . what we meane by the person and office in abstracto in this dispute , we doe not exclude the person in concreto altogether , but only the person as abusing his power , we may kill a person as a man , and love him as a sonne , father , wife , according to scripture , p. , , . we obey the king for the law , and not the law for the king , p. , . the loosing of habituall and actuall royalty different , p. . ioh. . . pilates power of crucifying christ , no law-power given to him of god , it s proved against royalists by six arguments , p. . qvest. xxx . whether or no passive obedience be a meane to which we are subjected in conscience by vertue of a divine commandement ? neg. what a meane resistance is ? that flying is resistance ? p. . the place pet. . . discussed , ibid. patient bearing of injuries , and resistance of injuries compatible in one and the same subject , ibid. christs non-resistance hath many things rare and extraordinary , and so is no leading rule to us , p. . suffering is either commanded to us comparatively only , that we rather choose to suffer then deny the truth : or the manner only is commanded , that we suffer with patience , p. , . & sequent . the physicall act of taking avvay the life , or of offending , vvhen commanded by the lavv of self defence , is no murther , p. . we have a greater dominion over our goods and members , ( except in case of mutilation , vvhich is a little death ) then over our life , p. . to kill is not of the nature of self defence , but accidentall thereunto , ibid. defensive vvar cannot be vvithout offending , p. . the nature of defensive and offensiue warr● . p. , . flying is resistance , p. , . quest . xxxi . whether selfe-defence by opposing violence to unjust violence be lawfull , by the law of god , and nature ? affirm . p. , . self-defence in man naturall , but modus , the way must be rationall and just . p. . the method of selfe-defence . ibid. violent re-offending in selfe-defence the last remedy . p. . it s physically unpossible for a nation to fly in the case of persecution for religion , and so they may resist in their owne self-defence . p. . tutela vitae proxima , and remota . p. . in a remote posture of selfe-defence , we are not to take us to re-offending , as david was not to kill saul when he was sleeping , or in the cave , for the same cause , ibid. david would not kill saul , because he was the lords anoynted , p. . the king not lord of chastity , name , conscience , and so may be resisted , p. . by universall and particular nature , selfe-defence lawfull , proved by divers arguments , p. . and made good by the testimony of iurists , p. . the love of our selves the measure of the love of our neighbour , and inforceth selfe-defence , p. . nature maketh a private man his owne iudge and magistrate when the magistrate is absent , and violence is offered to his life , as the law saith , p. , . selfe-defence how lawfull it is , p. , , . what presumption is from the kings carriage to the two kingdomes , are in law sufficient grounds of defensive warrs , p. , . offensive and defensive warrs differ in the event and intentions of men , but not in nature and spece , nor physically . p. , , . davids case in not killing saul , nor his men , no rule to us , not in our lawfull defence , to kill the kings emissaries , the cases farre different , p. , . quest . xxxii . whether or no the lawfulnesse of defensive warrrs can be proved from the scripture , from the examples of david , the peoples rescuing ionathan , elisha , and the . valiant priests who resisted vzziah ? affirm . p. . david warrantably raised an army of men to defend himselfe against the unjust violence of his prince saul , p. , , . davids not invading saul , and his men , who did not aime at arbitrary government , at subversion of lawes , religion , and extirpation of those that worshipped the god of israel and opposed idolatry , but only pursuing one single person , farre unlike to our case in scotland and england now , p. . . davids example not extraordinary , p. , . elisha's resistance proveth defensive warrs to be warrantable , p. , resistance made to king vzziah by eighty valiant priests proveth the same , p. , , . the peoples rescuing ionathan proveth the same , p. , . libnah's revolt proveth this , p. . the city of abel defended themselves against ioab king davids generall , when he came to destroy a city for one wicked conspirator , sheba his sake , p. , . quest . xxxiii . whether or no rom. . . make any thing against the lawfulnesse of defensive warrs ? neg. p. . the king not only understood , rom. . p. . . and the place rom. . discussed . p. , , . quest . xxxiv . whether royalists prove by cogent reasons , the unlawfulnesse of defensive warrs . p. . objections of royalists answered , p. , , . seq . the place exod. . . thou shalt not revile the gods , &c. answered , p. . and eccles. . . p. . the place eccles. . , . where the word of a king is , &c. answered . p. , . the place iob . . answered , p. . and , act. . . god shall smite thee thou whited wall , &c. p. , , . the emperours in pauls time not absolute by their law , p. . that objection that we have no practise for defensive resistance , and that the prophets never complaine of the omission of the duty of resistance of princes answered , p. , , . the prophets cry against the sin of non-resistance , when they cry against the iudges , because they execute not judgements for the oppressed . p. , . seq . iudahs subjection to nebuchadnezar a conquering tyrant , no warrant for us to subject our selves to tyrannous acts . p. , , . christs subjection to caesar nothing against defensive warrs , p. , . quest . xxxv . whether the sufferings of the martyrs in the primitive church militant be against the lawfulnesse of defensive warrs . p. , . tertullian neither ours nor theirs in the question of defensive warrs , p. , , . quest . xxxvi . whether the king have the power of warre only ? negatur . p. , . inferiour iudges have the power of the sword no lesse then the king. p. , . the people tyed to acts of charity , and to defend themselves , the church , and their posterity against a forraigne enemy , though the king forbid . p. , . flying unlawfull to the states of scotland and england now , gods law tying them to defend their country . p. . parliamentary power a fountain-power above the king , p. , . quest . xxxvii . whether the estates of scotland are to help their brethren the protestants in england against cavaliers ? affirmatur , proved by . arg. p. . seq . helping of neighbour nations lawfull , divers opinions concerning the point . p. , . the law of aegypt against those that helped not the oppressed , p. . qvest. xxxviii . whether monarchy be the best of governments . affir . p. . whether monarchy be the best of governments hath divers considerations , in which each one may be lesse or more convenient . p. , . absolute monarchy is the worst of governments . p. . better want power to doe ill as have it , ibid. a mixture sweetest of all governments , p. . neither king nor parliament have a voyce against law and reason , ibid. quest . xxxix . whether or no , any prerogative at all above the law be due to the king ? or if jura majestatis be any such prerogative ? negatur , p. . a threefold supreme power , ibid. what be jura regalia , p. , . kings confer not honours from their plenitude of absolute power , but according to the strait line and rule of law , justice , and good deserving , ibid. the law of the king , sam. . , . p. , . difference of kings and judges , ibid. the law of the king , sam. . , . no permissive law such as the law of divorce , p. . what dominion the king hath over the goods of the subjects , p. , , . quest . xl. whether or no , the people have any power over the king , either by his oath , covenant , or any other way ? affirmed , p. , . the people have power over the king , by reason of his covenant and promise , ibid. covenants and promises violated , infer coaction , de jure , by law , though not de facto , p. , . mutuall punishments may be , where there is no relation of superioritie and inferioritie , p. , , . three covenants made by arnisaeus , ibid. the king not king while he swear the oath , and be accepted as king by the people . ibid. the oath of the kings of france , ibid. hu. grotius , setteth down seven cases , in which the people may accuse , punish , or dethrone the king , p. , . the prince a noble vassal of the kingdom , upon four grounds , p. . the covenant had an oath annexed to it , ibid. the prince is but as a private man in a contract . p. . how the royall power is immediately from god , and yet conferred upon the king by the people , p. , , . quest . xli . whether doth the p. p. with reason ascribe to us the doctrine of jesuites , in the question of lawfull defence ? negatur , p. , , . that soveraignty is originally and radically in the people , as in the fountain , was taught by fathers , ancient doctors , sound divines , lawyers , before there was a jesuite , or a prelate whelped , in rerum natura , p. . the p. p. holdeth the pope to be the vicar of christ , p. , . iesuites tenets concerning kings , p. , , . the king not the peoples deputie by our doctrine ; it is onely the calumnie of the p. prelate , p. , . the p. p. will have power to act the bloodiest tyrannies on earth , upon the church of christ , the essentiall power of a king , ibid. quest . xlii . whether all christian kings are dependent from christ , and may be called his vicegerents , negatur , p. . why god as god , hath a man a vicegerent under him , but not as mediator , p. , . the king not head of the church , ibid. the king a sub-mediator , and an under redeemer , and a sub-priest to offer sacrifices to god for us , if he be a vicegerent , p. . the king no mixt person , ibid. prelates deny kings to be subject to the gospel , p. , . by no prerogative royall , may the king prescribe religious observances , and humane ceremonies in gods worship , p. , . the p. p. giveth to the king a power arbitrary , supreme and independent to govern the church , p. , . reciprocation of subjections of the king , to the church , & of the church to the king , in divers kindes , to wit of ecclesiasticall and civill subjection , are no more absurd , then for aarons priest to teach , instruct and rebuke moses , if he turne a tyrannous achab , and moses to punish aaron , if he turn an obstinate idolator , p. , ● qvest. xliii . whether the king of scotland be an absolute prince , having prerogatives above laws and parliaments ? negatur . p. , . the king of scotland subject to parliaments by the fundamentall lawes , acts , and constant practises of parliaments , ancient and late in scotland , p. , , , . seq . the king of scotlands oath at his coronation , p. . a pretended absolute povver given to k. iames . upon respect of personall indowments , no ground of absolutenesse to the king of scotland , p. , . by lawes and constant practises the kings of scotland subject to lawes and parliaments , proved by the fundamentall law of elective princes , and out of the most partiall historicians , and our acts of parliament of scotland , p. , . coronation oath , ibid. and again at the coronation of k. james the . that oath sworn ; and again , par. k. jam. . ibid. & seq . p. , . how the king is supreme iudge in all causes , p. . the power of the parliaments of scotland , ibid. the confession of the faith of the church of scotland , authorized by divers acts of parliament , doth evidently hold forth to all the reformed churches , the lawfulnesse of defensive wars , when the supreme magistrate is misled by wicked counsell , p. , , . the same proved from the confessions of faith in other reformed churches , ibid. the place , rom. . exponed in our confession of faith , p. , , . the confession not onely saxonick , exhibited to the councell of trent , but also of helvetia , france , england , bohemia , prove the same , p. , . william laud , and other prelates , enemies to parliaments , to states , and to the fundamentall laws of the three kingdoms of england , scotland , and ireland , p. , , . the parliament of scotland doth regulate , limit , and set bounds to the kings power , p. , , fergus the first king , not a conquerour , p. . the king of scotland below parliaments , considerable by them , hath no negative voice , p. , , seq . quest . xliv . generall results of the former doctrine in some few corrolaries , in questions . p. , . concerning monarchy , compared with other forms , p. . how royaltie is an issue of nature , p. , . and how magistrates as magistrates be naturall , p. . how absolutenesse is not a ray of gods majestie , ibid. and resistance not unlawfull , because christ and his apostles used it not in some cases , p. , . coronation is no ceremony , p. . men may limit the power that they gave not , p. , . the common-wealth , not a pupill or minor properly , p. . subjects not more obnoxious to a king , then clients , vassals , children , to their superiours , p. , . if subjection passive be naturall , p. . whether king uzziah was dethroned , p. , . idiots and children not compleat kings , children are kings in destination onely , p. . deniall of passive subjection in things unlawfull , not dishonourable to the king , more then deniall of active obedience in the same things , p. . the king may not make away , or sell any part of his dominions , p. , . people may in some cases conveen without the king , p. . how , and in what meaning , subjects are to pay the kings debts , p. . subsidies the kingdoms due , rather then the kings , p. , . how the seas , ports , forts , castles , militia , magazeen , are the kings , and how they are the kingdoms , p. . lex , rex . quest . i. in what sense government is from god ? i reduce all that i am to speak of the power of kings , to the author or efficient . . the matter or subject . . the form or power . . the end and fruit of their government ; and . to some cases of resistance . hence , quest. i. whether government be warranted by a divine law ? the question is , either of government in generall , or of the particular species of government ; such as are government by one only , called monarchy ; the government by some chief leading men , named aristocracie ; the government by the people , going under the name of democracie . . we cannot but put difference betwixt the institution of the office , to wit , government , and the designation of person , or persons to the office. . what is warranted by the direction of natures light , is warranted by the law of nature , and consequently by a divine law ; for who can deny the law of nature to be a divine law ? that power of government in generall must be from god : i make good , . because , rom. . — . there is no power but of god ; the powers that be , are ordained of god. . god commandeth obedience , and so subjection of conscience to powers , rom. . . wherefore we must be subject not onely for wrath ( or civill punishment ) but for conscience sake , pet. . . submit your selves to every ordinance of man for the lords sake ▪ whether it be to the king as supreme , &c. now god onely by a divine law can lay a band of subjection on the conscience , tying men to guilt , and punishment , if they transgr●sse . . conclus . all civill power is immediately from god in its root . in that , . god hath made man a sociall creature , and one who inclineth to be governed by man ; then certainly , he must have put this power in mans nature : so are we by good reason taught by (a) aristotle . . god and nature intendeth the policie and peace of mankinde , then must god and nature have given to mankinde , a power to compasse this end ; and this must be a power of government . i see not then why john prelate , master maxwel the excommunicate p. of rosse , who speak●th in the name (b) of i. armagh , had reason to say , that he feared that we fancied , that the government of superiours was onely for the more perfit ▪ but have no authoritie over or above the perfit , n●c rex , nec lex , justo posita . he might have imputed this to the brasilians , who teach , that every single man hath the power of the sword to revenge his own injuries , as (c) molina saith . quest . ii. whether or not , government be warranted by the law of nature . as domestick societie is by natures instinct , so is civill societie naturall , in radice , in the root , and voluntary , in modo , in the manner of coalescing . politick power of government , agreeth not to man , singly , as one man , except in that root of reasonable nature ; but supposing that men be combined in societies , or that one family cannot contain a societie , it is naturall , that they joyn in a civill societie , though the manner of union in a politick body ; as (d) bodine saith , be voluntary , gen. . . gen. . . and (e) suarez saith , that a power of making laws , is given by god as a property flowing from nature , qui dat formam , dat consequ●ntia ad formam , not by any speciall action or grant , different from creation , nor will he have it to result from nature , while men be united into one politick body : which union being made , that power followeth without any new action of the will , we are to distinguish betwixt a power of government , and a power of government by magistracy . that we defend our selves from violence by violence , is a consequent of unbroken and sin-lesse nature ; but that we defend our selves by devolving our power over in the hands of one , or more rulers , seemeth rather positively morall , then naturall , except that it is naturall for the childe to expect help against violence , from his father : for which cause i judge that learned senator (f) ferdinandus vasquius said well , that princedom , empire , kingdom , or iurisdiction hath its rise from a positive and secundary law of nations , and not from the law of pure nature . (g) the law saith , there is no law of nature agreeing to all living creatures for superiority ; for by no reason in nature , hath a boar dominion over a boar , a lyon over a lyon , a dragon over a dragon , a bull over a bull ; and if all men be born equally free ( as i hope to prove ) there is no reason in nature , why one man should be king and lord over another ; therefore while i be otherwise taught by the forecasten prelate maxwell , i conceive all jurisdiction of man over man , to be as it were artificiall and positive , and that it inferreth some servitude , whereof nature from the womb hath freed us , if you except that subjection of children to parents , and the wife to the husband ; and the (h) law saith , de jure gentium secundarius est omnis principatus . . this also the scripture proveth , while as the exalting of saul or david above their brethren to be kings , and captains of the lords people , is ascribed , not to nature , ( for king and beggar spring of one clay-mettall ) but to an act of divine bounty and grace , above nature , so psal. . , . he took david from following the ewes , and made him king and feeder of his people , sam. . . there is no cause why royallists should deny government to be naturall , but to be altogether from god , and that the kingly power is immediatly and only from god ; because it is not naturall to us to subject to government , but against nature , and against the hair for us to resign our liberty to a king , or any ruler or rulers ; for this is much for us , and proveth not but government is naturall ; it concludeth that a power of government tali modo , by magistracy , is not naturall , but this is but a sophisme ; a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad illud quod est dictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this speciall of government , by resignation of our liberty , is not naturall ; ergo , power of government is not naturall ; it followeth not , a negatione sp●ciei non sequitur negatio generis , non est homo , ergo non est animal . and by the same reason i may by an antecedent will , agree to a magistrate and a law , that i may be ruled in a politick society , and by a consequent will onely , yea and conditionally onely agree to the penalty and punishment of the law ; and it is most true , no man by the instinct of nature giveth consent to penall laws as penall , for nature doth not teach a man , nor incline his spirit to yeeld that his life shall be taken away by the sword , and his blood shed , except in this remote ground , a man hath a disposition , that a veine be cutt by the physitian , or a member of his body cut off , rather then the whole body and life perish by some contagious disease ; but here reason in cold blood , not a naturall disposition is the neerest prevalent cause , and disposer of the businesse . when therefore a communitie by natures instinct and guidance , incline to government , and to defend themselves from violence ; they do not by that instinct formally agree to government by magistrates ; and when a naturall conscience giveth a deliberate consent to good laws , as to this , he that doth violence to the life of a man , by man shall his blood be shed , gen. . . he doth tacitely consent that his own blood shall be shed ; but this he consenteth unto consequently , tacitely , and conditionally . if he shall do violence to the life of his brother : yet so as this consent proceedeth not from a disposition every way purely naturall . i grant , reason may be necessitated to assent to the conclusion , being as it were forced by the prevalent power of the evidence of an insuperable and invincible light in the premises , yet from naturall affections there resulteth an act of self-love , for self-preservation . so david shall condemn another rich man who hath many lambs , and robbeth his poor brother of his one lamb , and yet not condemn himself , though he be most deep in that fault , sam. . , . yet all this doth not hinder , but government even by rulers hath its ground in a secondary law of nature , which lawyers call , secundariò jus naturale , or jus gentium secundarium ; a secondary law of nature , which is granted by plato , and denied by none of sound judgement in a sound sense , and that is this , licet vim virepellere , it is lawfull to repeal violence by violence , and this is a speciall act of the magistrate . . but there is no reason , why we may not defend by good reasons , that politick societies , rulers , cities , and incorporations , have their rise and spring from the secundary law of nature : . because by natures law , family-government hath its warrant ; and adam though there had never been any positive law , had a power of governing his own family , and punishing malefactors ; but as (a) tannerus saith well , and as i shall prove god willing , this was not properly a royall or monarchicall power ; and i judge by the reasoning of (b) sotus , (c) molina , and (d) victoria . by what reason a family hath a power of government , and of punishing malefactors , that same power must be in a societie of men , suppose that societie were not made up of families , but of single persons ; for the power of punishing ill-doers doth not reside in one single man of a familie , or in them all , as they are single private persons , but as they are in a familie . but this argument holdeth not but by proportion ; for paternall government , or a fatherly power of parents over their families , and a politick power of a magistrate over many families , are powers different in nature , the one being warranted by natures law even in its species , the other being in its spece and kind warranted by a positive law , and in the generall only warranted by a law of nature . . if we once lay the supposition , that god hath immediately by the law of nature appointed there should be a government ; and mediately defined by the dictate of naturall light in a communitie , that there shall be one , or many rulers to governe the communitie ; then the scriptures arguments may well be drawn out of the school of nature : as , . the powers that are , be of god ; therefore natures light teacheth , that we should be subject to these powers . . it is against natures light to resist the ordinance of god. . not to feare him to whom god hath committed the sword , for the terror of evill doers . . not to honour the publike rewarder of well-doing . . not to pay tribute to him for his worke . therefore i see not but (e) govarruvias , (f) soto , (g) suarez , have rightly said , that power of government is immediately from god , and this or this definite power is mediately from god , proceeding from god by the mediation of the consent of a communitie , which resigneth their power to one or moe rulers : and to me (h) barclaius saith the same : quamvis populus potentiae largitor videatur , &c. quest . iii. whether royall power and definite forms of government be from god ? the king may be said to be from god and his word in these seveall notions . . by way of permission , ier. . . say to them , thus saith the lord of hoasts the god of israel , behold i will send and take nebuchadnezzar the king of babylon , my servant , and will set his throne upon these stones that i have hid , and he shall spread his royall pavilion over them . and thus god made him a catholick king , and gave him all nations to serve him , jer. . , ▪ . though he was but an unjust tyrant , and his sword the best title to those crownes . . the king is said to be from god , by way of naked approbation . god giving to a people power to appoint what government they shall thinke good , but instituting none in speciall , in his word . this way some make kingly power to be from god in the generall , but in the particular to be an invention of men , negatively lawfull , and not repugnant to the word , as the wretched popish ceremonies are from god. but we teach no such thing : let (i) maxwell free his master (k) bellarmine and other iesuites , with whom he sideth in romish doctrine : we are free of this . bellarmine saith that politick power in generall is warranted by a divine law ; but the particular formes of politick power , he meaneth monarchie , with the first , is not by divine right , but de jure ●entium , by the law of nations , and sloweth immediately from humane election , as all things , saith he , that appertein to the law of nations . so monarchie to bellarmine is but an humane invention , as mr. maxwell his surplice is : and d. ferne , sect . . p. . saith with bellarmine . . a king is said to be from god , by particular designation , as he appointed saul by name for the crown of israel . of this hereafter . . the kingly or royall office is from god by divine institution and not by naked approbation : for first , we may well prove aarons priesthood to be of divine institution , because god doth appoint the priests qualification from his familie , bodily perfections , and his charge . and we take the pastor to be by divine law and gods institution , because the holy ghost , tim. . , , , . describeth his qualification , so may we say that the royall power is by divine institution , because god mouldeth him , deut. . . thou shalt in any wise set him king over thee , whom the lord thy god shall choose , one from amongst thy brethren , &c. rom. . there is no power but of god , the powers that be , are ordained of god. . that power must be ordained of god as his own ordinance , to which we owe subjection , for conscience , and not only for feare of punishment : but every power is such , rom. . . to resist the kingly power , is to resist god. . he is the minister of god for our good . . he beareth the sword of god to take vengeance upon ill-doers . . the lord expresly saith , pet. . . feare god , honour the king , v. . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , . or unto governours , as unto those that are sent by him , &c. tit. . put them in mind to be subject to principalities and powers : and so the fift commandement layeth obedience to the king on us , no lesse then to our parents . whence i conceive that power to be of god , to which by the morall law of god , we owe perpetuall subjection and obedience . . kings and all magistrates are gods , and gods deputies and lieutenants upon earth , ps. . . , . exod. . . exod. . . and therefore their office must be a lawfull ordinance of god. . by their office they are feeders of the lords people , ps. . . . . the shields of the earth , ps. . . nursing fathers of the church , ps. . . captaines over ●he lords people sam. . . . it is a great iudg●ment of god , when a land wanteth the benefit of such ordinances of god , esay , . . , . . the execution of their office is an act of the just lord of he●v●n a●d earth , not onely by permission , but according to gods revealed will in his word ; their judgement is not the judgement of men , but of the lord , chron. . . and their throne is the throne of god , chron. . . . (a) hierom saith , to punish murtherers and sacrilegious persons is not bloud-shed , but the ministery and service of good lawes . so if the king be a living law by office , and the law put in execution which god hath commanded , then as the morall law is by divine institution , so must the officer of god be , who is custos & vindex legis divinae , the keeper , preserver , and avenger of gods law , and (b) basilius , this is the princes office , vt opem serat virtuti , malitiam vero impugnet , when paulinus treverensis , lucifer metropolitane of sardinia , dionysius mediolanensis , and other bishops , were commanded by constantine to write against athanasius , they answered , regnum non ipsius esse , sed d●i , aquo acceperit , the kingdom was gods , not his ; as (c) athanasius saith : (d) optatus milevitanus helpeth us in the cause where he saith with paul , vve are to pray for heathen kings . the genuine end of the magistrate saith (e) epiphanius , is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur . but some object , if the kingly power be of divine institution , then shall any other government be unlawfull and contrary to a divine institution , and so we condemne aristocracy , and democracy as unlawfull . ans. this consequence were good , if aristocracy and democracy were not also of divine institution , as all my arguments prove ; for i judge they are not governments different in nature , if we speake morally and theologically , onely they differ politically and positivel● ; nor is aristocracy any thing but diffused and inlarged monarchy , and monarchy is nothing but contracted aristocracy , even as it is the same hand , when the thumb and the foure fingers are folded together , and when all the five fingers are dilated , and stretched out , and where ever god appointed a king , he never appointed him absolute , and a sole independent angell , but joyned alwaies with him iudges , who were no lesse to judge according to the law of god , chron. . . then the king , deut. . v. . and in an obligation morall of judging righteously , the conscience of the monarch , and the conscience of the inferiour iudges are equally , with an immediate subjection under the king of kings , for there is here a co-ordination of consciences , and no subordination , for it is not in the power of the inferiour iudge to judge , quoad specificationem , as the king commandeth him , because the judgement is neither the kings , nor any mortall mans , but the lords , chronicles . , . hence all the three formes are from god , but let no man say , if they be all indifferent and equally of god , societies and kingdomes are left in the dark , and know not which of the three they shall pitch upon , because god hath given to them no speciall direction , for one rather than for another . but this is easily answered , that a republick appoint rulers to governe them , is not an action indifferent , but a morall action , because to set no rulers over themselves i conceive were a breach of the fift commandement , which commandeth government to be one or other . . it is not in mens free will that they have government or no government , because it is not in their free will to obey , or not to obey the acts of the court of nature , which is gods court , and this court enacteth that societies suffer not mankind to perish , which must necessarily follow , if they appoint no government ; also it is proved else where , that no morall acts in their exercises and use are left indifferent to us ; so then , the aptitude and temper of every common-wealth to monarchy , rather then to democracy , or aristocracy is gods warrant , and nearest call to determine the wills and liberty of people to pitch upon a monarchy , hic & nunc , rather then any other forme of government , though all the three be from god , even as single life and marriage are both the lawfull ordinances of god , and the constitution and temper of the body is a calling to either of the two ; not are we to think that aristocracy and democracy are either unlawfull ordinances , or mens inventions , or that those societies which want monarchy doe therefore live in sins . but some say , that peter calleth any form of government , an humane ordinance , pet. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . therefore monarchy can be no ordinance of god. answ. (f) rivetus , it is called an ordinance of man , not because it is an invention of man , and not an ordinance of god , but respectu subjecti ; (g) piscator , not because man is the efficient cause of magistracie , but because they are men who are magistrates . (h) diodatus , obey princes and magistrates , or governours made by men , or amongst men . (i) oecumenius , an humane constitution , because it is made by an humane disposition , and created by humane suffrages . (k) dydimus , presides presidents made by men . (l) cajetanus , (m) estius , every creature of god ( as preach the gospel to every creature ) in authority . but i take the word every creature of man , to be put . emphatically , to commend the worth of obedience to magistrates , though 〈◊〉 men , when we do it for the lords sake : therefore (n) betrandu● cardinalis ednensis saith , he speaketh so for the more necessi●y of merit ; and (o) glossa ordinaria saith , be subject to all powers , etiam ex infidelibus & incredulis , even of infidels and unbeleevers . (p) lyranus , for though they be men ▪ the image of god shineth in them ; and the syriack , as (q) lorinus saith , leadeth us thereunto , (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lechullechum benai anasa . obey all the children of men that are in authority . . it is an ordinance of men , not effectively ; as if it were an invention , and a dream of men : but . subjectively , because exercised by man. . objectively , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the good of men , and for the externall mans peace and safety especially ; whereas church-officers are for the spirituall good of mens souls . and (s) durandus saith well , civill power according to its institution is of god , and according to its acquisition , and way of use , it s of man. and we may thus farre call the forms of magistrates , an humane ordinance , that some magistrates are ordained to care for mens lives , and matters criminall , of life and death , and some for mens lands and estates ; some for commodities by sea , and some by land ; and magistrates according to these determinations or humane ordinances . quest . iiii. whether the king be only and imediatly from god , & not from the people . that this question may be the clearer , we are to set down these considerations . . the question is , whether the kingly office it self come from god ; i conceive it is , and floweth from the people , not by formall institution ; as if the people had by an act of reason , devised and excogitated such a power : god ordained the power ; it is from the people onely by a virtuall emanation , in respect that a community having no government at all , may ordain a king , or appoint an aristocracie . but the question is , concerning the designation of the person ? whence is it that this man , rather then this man , is crowned king ? and whence is it , from god immediatly , and onely , that this man rather then this man , and this race or family rather then that race and family is chosen for the crowne ? or is it from the people also , and their free choise ? for the pastor and the doctors offi●e is from christ onely ; but that iohn rather then thomas be the doctor or the pastor , is from the will ; and choice of men , the presbyters and people . . the royall power is three wayes in the people ; . radically and virtually , as in the first subject . . collativè vel communicativè , by way of free donation , they giving it to this man , not to this man that he may rule over them . . limitatè ; they giving it so , as these three acts remaine with the people ; . that they may measure out , by ounce weights , so much royall power , and no more , and no lesse . . so as they may limit , moderate , and set banks , and marches to the excercise . . that they give it out , conditionatè , upon this , and this condition , that they may take again to themselves what they gave out , upon condition , if the condition be violated : the first i conceive is cleere , . because if every living creature have radically in them a power of selfe-preservation to defend themselves from violence , as we see lyons have pawes , some beasts have hornes , some clawes ; men being reasonable creatures , united in societie , must have power in a more reasonable and honorable way to put this power of warding off violence , in the hands of one or moe rulers , to defend themselves by magistrates . . if all men be borne , as concerning civill power , alike ; ( for no man commeth out of the wombe with a diadem on his head , or a scepter in his hand ) and yet men united in a societie may give crown and scepter to this man , and not to this man ; then this power was in this united societie , but it was not in them formally , for they should then all have been one king , and so both above and superiour , and below and inferiour to themselves , which we cannot say : therefore this power must have been virtually in them , because neither man , nor communitie of men can give that which they neither have formally , nor virtually in them . . royalists cannot deny , but cities have power to choose and create inferiour magistrates , ergo , many cities united have power to create an higher ruler ; for royall power is but the united and superlative power of inferiour judges , in one greater judge , whom they call a king. conclus . the power of creating a man a king , is from the people , . because those who may create this man a king , rather then thi● man , they have power to appoint a king. for a comparative act on doth positively inferre an action if a man have a power to marry this woman , not that woman ; we may strongly conclude , ergo he hath power to marry , now , king. . the people made omri king , and not zimri ; and his sonne achab , rather then tibni the sonne of sinath . nor can it be replyed this was no lawfull power that the people used , for that cannot elude the argument , for , king. . the people made salomon king , and not adonijah , though adonijah was the elder brother ; they say , god did extraordinarily both make the office , and designe salomon to be king , the people had no hand in it , but approved gods fact . answer . this is that we say , god by the people , by nathan the prophet , and the servants of david , and the states crying , ( god save king salomon ) made salomon king ; and here is a reall action of the people . god is the first agent in all acts of the creature , where a people maketh choise of a man to be their king , the states doe no other thing under god but create this man , rather then another ; and we cannot here find two actions , one of god , another of the people ; but in one , and the same action ; god by the peoples free suffrages & voices createth such a man king , passing by many thousands , and the people are not patientes in the action , because by the authoritative choise of the states , the man is made of a private man , and no king , a publick person , and a crowned king , sam. . . hushai said to absolom , nay but whom the lord and this people , and all the men of israel choose , his will i be , and with him will i abide , iudg. . . the men of israel said to gideon , rule thou over us , iudg. . . the men of sechem made abimelech king , iudg. . . . king. . . the people made azariah king , sam. . . chron. . . . if god doth regulate his people in making such a man king , not such a man , then he thereby insinuateth that the people have a power to make such a man king , and not such a man. but god doth regulate his people in making a king. ergo the people have a power to make such a man king , not such a man king. the proposition is cleare , because gods law doth not regulate a non-e●s , a meere nothing , or an unlawfull power ; nor can gods holy law regulate an unlawfull power , or an unlawfull action , but quite abolish it , and interdict it ; the lord setteth not downe rules and waies how men should not commit treason , but the lord commandeth loyalty , and simply interdicteth men of treason . . if people have then more power to create a king over themselves , then they had to make prophets , then god forbidding them to choose such a man for their king , should say as much to his people ; as if he would say , i command you to make esaiah & ieremiah prophets over you , but not these and these men . this certainly should prove that not god onely , but the people also with god made prophets ; i leave this to the consideration of the godly . the prophets were immediatly called of god , to be prophets , whether the people consented that they should be prophets , or not . therefore god immediatly , and onely sent the prophets , not the people ; but though god extraordinarily designed some men to be kings , and annoynted them by his prophets , yet were they never actually installed kings , till the people made them kings . i prove the assumption , deut. . — . when thou shalt say , i will set a king over me , like all the nations round about me . . thou shalt in any wise set him king over thee , whom the lord thy god shall choose , one from amongst thy brethren shalt thou set king over thee , thou maist not set a stranger over thee , which is not thy brother . should not this be an unjust charge to the people , if god onely ; without any action of the people , should immediatly set a king over them ? might not the people reply , we have no power at all to set a king over our selves , no more then we have power to make esaiah a prophet , who saw the visions of god , to what end then should god mocke us , and say , make a brother , and not a stranger king over you ? . expresly scripture saith , that the people made the king , though under god , iudg. . . the men of sechem made abimelech king , sam. . . and all the people went to gilgall , and there they made saul king before the lord , king. . . we will not make any king. this had been an irrationall speech to iehu , if both iehu and the people held the royalists tenet , that the people had no power to make a king , nor any active or causative influence therein ; but that god immediatly made the king , chron. . . all these came with a perfect heart to make david king in hebron ; and all the rest were of one heart to make david king ; on the words (a) lavater saith , the same way are magistrates now to be chosen ; now this day god by an immediate oracle from heaven appointeth the office of a king ; but i am sure he doth not immediatly designe the man , but doth onely mark him out to the people , as one who hath the most royall indowments , and the due qualifications required in a lawfull magistrate , by the word of god , exod. . . men of truth , hating covetousnesse , &c. deut. . , . men who will judge causes betwixt their brethren righteously , without respect of persons , sam. . . saul was chosen out of the tribes according to the law of god , deut. . they might not choose a stranger , and abulensis , serrarius , c●rnelius a lapide , sancheiz , and other popish writers think that saul was not onely anoynted with oyle , first privately by samuel , sam. . , . but also at two other times before the people , once at mizpeh , and another time at gilgal by a parliament , and a convention of the states , and samuel judged the voices of the people so essentiall to make a king , that samuel doth not acknowledge him as formall king , sam. . , , , , . though he honoured him , because he was to be king , . sam. , . while the tribes of israel and parliament were gathered together to make him king according to gods law , deut , . as is evident . for samuel , v. . caused all the tribes of israel to stand before the lord , and the tribe of benjamin was taken ; the law provided one of their owne , not a stranger to raigne over them ; and because some of the states of parliament did not choose him , but being children of belial , despised him in their heart , v. . therefore after king saul , by that victory over the ammonites , had conquered the affections of all the people fully , v. , . samuel would have his coronation & election by the estates of parliament renewed , at gilgall , by all the people , v. , . to establish him king. . the lord by lots found out the tribe of benjamin . . the lord found out the man , by name , saul the sonne of kish , when he did hide himselfe amongst the staffe , that the people might doe their part in creating of the king , whereas samuel had annoynted him before ; but the text saith expresly that the people made saul king , and calvin , martyr , lavater , and popish writers , as serrarius , mendoza , sancheiz , cornelius a lapide , ly●anus , hugo ▪ cardinalis , carthusius , sanctius , doe all hence conclude that the people under god , make the king. i see no reason why (b) barclaius should here distinguish a power of choosing a king , which he granteth the people hath , and a power of making a king , which he saith is only proper to god. answ. choosing of a king is either a comparative crowning of this man , not this man ; and if the people have this , it s a creating of a king under god ▪ who principally disposeth of kings and kingdomes : and this is enough for us . the want of this , made zimri no king : and those whom the rulers of iezreel at samaria , king. . refused to make kings , no kings . this election of the people made athaliah a princesse : the removall of it , and translation of the crown by the people to ioash , made her no princesse : for i beseech you , what other calling of god hath a race of a familie , and a person to the crowne , but only the election of the states ? there is now no voice from heaven , no immediately inspired prophets , such as samuel and elisha , to annoynt david , not eliab ; solomon , not adoniah . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the heroick spirit of a royall facultie of governing , is , i grant , from god only , not from the people : but i suppose that maketh not a king ; for then many sitting on the throne this day , should be no kings ; and many private persons should be kings . if he meane by the peoples choosing , nothing but the peoples approbative consent , posterior to gods act of creating a king ; let them shew us an act of god making kings , and establishing royall power in such a familie , rather then in such a familie ; which is prior to the peoples consent , distinct from the peoples consent , i believe there is none at all . . arg. hence i argue : if there be no calling or title on earth to tie the crown to such a familie and person , but the suffrages of the people ; then have the line of such a familie , and the persons now , no calling of god , no right to the crown , but only by the suffrages of the people , except we say that there be no lawfull kings on earth now , when propheticall unction and designation to crowns are ceased , contrary to expresse scripture , rom. . , , . pet. . , , , , . but there is no title on earth now to tye crownes to families , to persons , but onely the suffrages of the people : for , . conquest without the consent of the people , is but royall latrocinie , as we shall see . . there is no propheticall and immediate calling to kingdomes now . . the lords giving of regall parts is somewhat ; but i hope royallists will not deny but a child young in yeares and judgment , may be a lawfull king. . mr. maxwell his appointing of the kingly office , doth no more make one man a lawfull king , then another : for this were a wide consequence . god hath appointed that kings should be ; ergo , iohn a stiles is a king ; yea , ergo , david is a king : it followeth not . therefore it remaineth only , that the suffrages of the people of god is that just title and divine calling that kings have now to their crownes . i presuppose they have gifts to governe from god. . if the lords immediate designation of david , and his annointing by the divine authoritie of samuel , had been that which is alone without the election of the people , made david formally king of israel , then there were two kings in israel at one time ; for samuel annointed david , and so he was formally king , upon the ground layed by royallists , that the king hath no royall power from the people : and david after he himselfe was annointed by samuel , divers times , calleth saul the lords anointed , and that by the inspiration of gods spirit , as we and royallists doe both agree . now two lawfull supreme monarchs in one kingdome , i conceive to be most repugnant to gods truth , and sound reason ; for they are as repugnant as two most highs , or as two infinites . . it shall follow , that david all the while betwixt his anointing by samuel , and his coronation by the suffrages of all israel at hebron . . was in-lacking , in discharging and acquiting himselfe of his royall duty , god having made him formally a king , and so laying upon him a charge to execute justice and judgement , and defend religion , which he did not discharge . . all davids suffering upon davids part must be unjust , for , as king , he should have cut off the murtherer saul , who killed the priests of the lord ; especially seeing saul by this ground must be a private murtherer , and david the only lawfull king. . david , if he was formally king , deserted his calling in flying to the philistims ; for a king should not forsake his kingdome upon no hazards , even of his life , no more then a pilot should give over the helme in an extreme storme : but certainly gods dispensation in this warranteth us to say no man can be formally a lawfull king , without the suffrages of the peo●le● for saul , after samuel from the lord anointed him , remained a private man , and no king , till the people made him king , and elected him . and david , anointed by that same divine authoritie , remained formally a subject , and not a king , till all israel made him king at hebron . and salom●n , though by god designed and ordained to be king , yet was never king , till the people made him king , king. . ergo , there floweth something from the power of the people , by which he who is no king , now becommeth a king , formally , and by gods lawfull call ; whereas before the man was no king , but as tou●hing all royall power a meere private man. and i am sure birth must be lesse then gods designation to a crowne , as is cleere . adoniah was elder then salomon , yet god will have salomon , the younger by birth , to be king , and not adoniah . and so mr. symons and other court-prophets must prevaricate , who will have birth without the peoples election to make a king , and the peoples voyces but a ceremonie . . i thinke royalists cannot deny but a people ruled by aristocraticall magistrates , may elect a king , and a king so elected is formally made a lawfull king by the peoples election , for of six apt and gifted to reigne , what maketh one a king , and not the other five ? certainly god disposing the people to choose this man , and not another man , it cannot be said but god giveth the kingly power immediately , and by him kings raigne , that is true . the office is immediately from ●od , but now the question is , what is that which formally applyeth the office and royall power to this person , rather th●n to the other five as meet . nothing can here be dreamed of , but god inclining the hearts of the states to choose this man , and not this men . quest . v. whether or no p. p. the author of sac. san. regum majestas , called the sacred and royall prerogative of kings , proveth that god is the immediate author of soveraignty , and that the king is no creature of the peoples making ? consider first that the excommunicated prelate saith , cap. . p. . kings are not immediatly from god , as by any speciall ordinance sent from heaven by the ministery of angels and prophets , there were but some few such ; as moses , saul , david , &c. yet something may immediatly proceed from god , and be his speciall worke without a revelation or manifestation extraordinary from heaven , so the designation to a sacred function is from the church , and from man ; yet the power of word , sacraments binding and loosing , is immediatly from jesus christ. the apostle matthias was from christs immediate constitution , and yet he was designed by men , act. . the soule is by creation and infusion , without any speciall ordinance from heaven , though nature begeteth the body , and disposeth the matter , and prepareth it as fit to be conjoyned with the soule , so as the father is said to beget the sonne . ans. . the unchurched prelate striveth to make us hatefull by the title of the chapter , that god is ( by his title ) the immediate author of soveraingty ; and who denyeth that ? not those , who teach that the person who is king , is created king by the people , no more then those who deny that men are now called to be pastors , and deaco●s immediately , and by a voice from heaven , or by the ministery of angells and prophets , because the office of pastors and deacons is immediately from god. . when he hath proved that god is the immediate author of soveraingty . what then ? shall it follow that the soveraigne in concreto may not be resisted ? and that he is above all law ; and that there is no armour against his violence but prayers and teares . so god is the immediate author of the pastors , of the apostles office , ergo , it is unlawfull to resist a pastor , though he turne robber ? ergo , the pastor is above all the kings lawes ? this is the iesuite and all made , ergo , there is no armour against the robbing prelate but prayer and teares . . he saith in his title , that the king is no creature of the peoples making . if he meane the king in abstracto , that is , the royall dignity , whom speaketh he against ? not against us , but against his owne father bellarmine , who saith (a) that soveraignty hath no warrant by any divine law. if he meane that the man who is king is not created and elected king by the people , he contradicteth himself and all the court doctors . . it is false that saul and david , their originall of royalty was onely from god by a speciall ordinance sent from heaven ; for their office is , deut. . . from the written word of god , as the killing of idolaters , v. , . as the office of the priests and levites , , , . and this is no extraordinary ordinance from heaven , more than that is from heaven which is warranted by the word of god. if he meane that these men , saul , and david , were created kings by the onely extraordinary revelation of god from heaven , it is a lye ; for beside the propheticall anoynting of them , they were made kings by the people , as the word saith expresly ; except we say that david sinned in not setting himselfe downe on the throne , when samuel anoynted him first king ; and so he should have made away his master king saul out of the world ; and there were not a few called to the throne , by the people ; but many , yea all the kings of israel and iudah . . the prelate contendeth that a king is designed to his royall dignity , immediatly from god , without an extraordinary revelation from heaven , as the man is designed to be a pastor by men ; and yet the power of preaching is immediatly from god , &c. but he proveth nothing , except he prove that all pastors are called to be pastors immediatly ; and that god calleth and designeth to the throne such a person immediatly , as he hath immediatly instituted by the power of preaching , and the apostleship , and hath immediatly infused the soule in the body , by an act of creation ; and we cannot conceive how god in our daies , when there are no extraordinary revelations , doth immediatly create this man a king , and immediatly tie the crown to this family rather then to this ; this he doth by the people now , without any propheticall vnction ; and by this medium , to wit , by the free choice of the people . he needeth not bring the example of matthias more than of any ordinary pastor , and yet an ordinary pastor is not immediatly called of god , because the office of an ordinary pastor is from god immediatly , and also the man is made pastor by the church . the p. prelate saith , a thing is immediatly from god three waies . . when it is solely from god , and presupposeth nothing ordinary or humane , antecedent to the obteyning of it . such was the power of moses , saul , david . such were the apostles . . when the collation of the power to such a person is immediatly from god , though some act of man be antecedent ; as matthias was an apostle . a baptized man obtaineth remission and regeneration , yet aspersion of water cannot produce these excellent effects . a king giveth power to a favourite to make a lord or a baron , yet who is so stupid as to averre the honour of a lord commeth immediatly from the favourite , and not from the king. . when a man hath by some ordinary humane right , a full and just right , and the approbation and confirmation of this right is immediatly from god. the first way , soveraignty is not from god. the second way , soveraignty is conferred on kings immediatly , though some created act of election , succession , conquests intervene , the interposed act containeth not in it power to conferre soveraignty ; as in baptisme , regeneration , if there be nothing repugnant in the suscipient , is conferred , not by water , but immediatly by god. in sacred orders designation is from men , power to supernaturall acts from god : election , succession , conquests remotely and improperly constitute a king. to say in the third sence that soveraignty is immediatly from god , by approbation or confirmation onely , is against scripture , prov. . . psa. . . ioh. . then the people say ; you are gods , your power is from below . and pauls , ( ordained of god ) is ( approved and confirmed onely of god ) the power of designation , or application of the person to royalty is from man ; the power of conferring royall power , or of applying the person to royall power is from god. a mans hand may apply a faggot to the fire , the fire onely maketh the faggot to burne . ans. . apostles both according to their office , and the designation of their person to the office w●re immediatly and onely from god , without any act of the people , and therefore are badly coupled with the royall power of david and king saul , who were not formally made kings , but by the people at mizpeh and hebron , . the second way god giveth royall power by moving the peoples hearts to confer royall power , and this is virtually in the people , formally from god. water hath no influence to produce grace , gods institution and promise doth it ; except you dream with your iesuites , of opus operatum , that water sprinkled , by the doing of the deed conferreth grace , nisi ponatur obex , what can the child doe , or one child more then another baptized child , to hinder the flux of remission of sins , if you meane not that baptisme worketh as physick on a sick man , except strength of humours hinder ? and therefore this comparison is not alike . the people cannot produce so noble an effect as royalty , a beame of god. true , formally they cannot , but virtually it is in a society of reasonable men , in whom are left beames of authoritative majesty , which by a divine institution they can give , deut. . . to this man , to david , not to eliab ; and i could well say the favorite made the lord , and placed honour in the man whom he made lord , by a borrowed power from his prince ; and yet the honour of a lord is principally from the king. . it is true , the election of the people conteineth not formally royall dignitie , but the word saith , they made saul , they made david king : so virtually election must conteine it . samuels oyle maketh not david king , he is a subject after he is anointed ; the peoples election at hebron maketh him king ; . differenceth him from his brethren ; . putteth him in royall state ; yet god is the principall agent . what immediate action god hath here , is said and dreamed of , no man can divine , except prophet p. prelate . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 royall authoritie is given organically by that act by which he is made king : another act is a night-dreame , but by the act of election david is made of no king , a king. the collation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 royall gifts , is immediately from god : but that formally maketh not a king , if solomon saw right , servants riding on horses , princes going on foot . . judge of the prelates subtiltie , i dare say , not his own , he stealeth from spalato , but telleth not , the applying of the person to royall authoritie , is from the people ; but the applying of royall authoritie to the person of the king , is immediately and only from god : as the hand putteth the faggot to the fire , but the fire maketh it burne . to apply the subject to the accident , is it any thing else but to apply the accident to the subject ? royall authoritie is an accident , the person of the king the subject : the applying of the faggot to the fire , and the applying of the fire to the faggot , are all one , to any not forsaken of common sense . when the people applyeth the person to the royall authoritie , they but put the person in the state of royall authoritie ; and this is to make an union betwixt the man and royall authoritie ; and this is to apply royall authoritie to the person . . the third sense is the prelates dreame , not a tene● of ours ; we never said that soveraigntie in the king is immediately from god by approbation or confirmation only , as if the people first made the king , and god did only by a posterior and latter act say amen to the deed done , and subscribe , as recorder , to what the people doth : so the people should deale kingdomes and crownes at their pleasure , and god behoved to ratifie and make good their fact . when god doth apply the person to royall power , what ? is this a different action from the peoples applying the person to royall dignitie ? it is not imaginable : but the people by creating a king , applyeth the person to royall dignitie ; and god by the peoples act of constituting the man king , doth by the mediation of this act convey royall authoritie to the man , as the church by sending a man , and ordaining him to bee a pastor , doth not by that , as gods instruments , infuse supernaturall powers of preaching : these powers supernaturall may be , and often are in him before he be in orders ; and sometimes god infuseth a supernaturall power of government in a man , when he is not yet a king , as the lord turned saul into another man , sam. . . . neither at that point of time when samuel anointed him , but after that , v. . after that thou shalt come to the hill of god , . the spirit of the lord shall come upon thee , and thou shalt prophecie with them , and shalt be turned into another man. nor yet at that time when he is formally made king by the people ; for saul was not king formally , because of samuels anointing , nor yet was he king because another spirit was infused into him , v. , . for he was yet a privat man , till the states of israel chose him king at mizpeh . and the word of god useth words of action to expresse the peoples power , iudg. . . and all the men of sechem gathered together , and all the men of millo , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 regnare fecerunt , they caused him to be king. the same is said , sam. . . they caused saul to reigne , k. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we shall not king any man , chron. . . they came to hebron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to king david over all israel , deut. . three times the making of a king is given to the people . . when thou shalt say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i shall set a king over me : if it were not their power to make a king , no law could be imposed on them not to make a stranger their king , king. . . all the congregation kinged jeroboam , or made him king over all israel , king. . . they kinged joash , or made ioash to reigne . . the people are to say , you are gods , and your power is below , saith the prelate : what then ? ergo , their power is not from god also : it followeth not , subordinata non pugnant . the scripture saith both , the lord exalted david to be king , and , all power is from god : and so the power of a l. major of a citie : and the people made david king also , and the citie maketh such a man l. major . it is the anabaptists argument ; god writeth his law in our heart , and teacheth his own children , ergo , bookes , and the ministerie of men are needlesse : so all sciences and lawfull arts are from god : ergo , sciences applied to men , are not from mens free will , industrie and studies . the prelate extolleth the king , when he will have his royaltie from god , the way that john stiles is the husband of such a woman . p. prelate . kings are of god , they are gods , children of the most high , his servants ▪ publike ministers , their sword and judgement gods. this he hath said of their royaltie in abstracto , and in concreto ; their power , person , charge , are all of divine extract , and so their authoritie and person are both sacred and inviolable . answ. so are all the congregation of the iudges , psal. . v. . . all of them gods : for he speaketh not there of a congregation of kings . so are apostles , their office and persons of god ; and so the prelates ( they thinke ) the successors of the apostles , are gods servants , their ministerie , word , rod of discipline not theirs , but of god : the judgement of iudges , inferiour to the king , is the lords judgement , not mens , deut. . . . chro. . . hence by the prelates logick , the persons of prelates , majors , bailiffes , constables , pastors , are sacred and inviolable above all lawes , as are kings . is this an extolling of kings ? . but where are kings persons , as men , said to be of god , as the royaltie in abstracto i● ? the prelate seeth beside his booke , psal. ● . . but ye shall die as men . p. prelate . we begin with the law , in which as god by himself prescribed the essentialls , substantialls , & ceremonies of his pietie & worship , gave order for justice & pietie , deut. . . . the king is here originally & immediately from god , and independent from all others , ( set over them ) them , is collective , that is , all & every one . scripture knoweth not this state principle ; rex est singulis major , universis minor . the person is expressed in concreto , whom the lord thy god shall choose . this peremptorie precept dischargeth the people , all , and every one , diffusively , representatively , or in any imaginable capacity to attempt the appointing of a king , but to leave it entirely and totally to god almighty . answ. begin with the law , but end not with traditions . if god by himselfe prescribed the essentialls of pietie and worship , the other part of your distinction is , that god not by himself , but by his prelates , appointed the whole romish rites , as accidentalls of pietie . this is the iesuites doctrine . . this place is so far from proving the king to be independent , and that it totally is gods to appoint a king , that it expresly giveth the people power to appoint a king : for the setting of a king over themselves , such a one , and not such a one , makes the people to appoint the king , and the king to be lesse and dependent on the people , seeing god intendeth the king for the peoples good , and not the people for the kings good . this text shameth the prelate , who also confessed , p. . that remotely and unproperly succession , election , and conquest maketh the king , and so its lawfull for men remotely and improperly to invade gods chaire . p. prelate : jesuites and puritans say , it was a priviledge of the jews that god chose their king. so suarez , soto , navarra . answ. . the jesuites are the prelates brethren , they are under one banner , we are in contrary camps to iesuites . . the prelate said himself , pag. . moses , saul , and david , were by extraordinary revelation from god ; sure i am , kings are not so now . the jews had this priviledge , that no nation had . . god named some kings to them , as saul , david , he doth not so now . . god did tie royaltie to davids house by a covenant , till christ should come , he doth not so now . yet we stand to deut. . p. prelate . prov. . . by me kings reign . if the people had right to constitute a king , it had not been king solomon , but king adonijah . solomon saith not of himself , but indefinitely . ( by me ) as by the author , efficient , and constituent , kings reign . ( per ) is by christ , not by the people , not by the high priest , state , or presbytery , not per me iratum , by me in my anger , as some sectaries say . pauls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an ordinance by high authoritie not revocable : so sinesius useth the word , aristotle , lucilius , appian , plutarch , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in me , and by me , as doctor andrews . kings indefinitely , all kings : none may distinguish where the law distinguisheth not , they reign in concreto : that same power that maketh kings , must unmake them . ans. . the prelate cannot restrict this to kings only , it extendeth to parliaments also . solomon addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and consules , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all the sirs , and princes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and magnificents , and nobles , and more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and all the iudges of the earth , they reign , rule , and decree j●stice by christ. here then majors , sheriffs , provosts , constables , are by the prelate extolled as persons , sacred , irresistible : then , . the iudges of england rule not by the king of britain , as their author , efficient , constituent , but by iesus christ immediately , nor doth the commissary rule by the prelate . . all these , and their power , and persons , rule independently , and immediately by iesus christ. . all inferiour iudges are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ordinances of god not revocable . ergo , the king cannot deprive any iudge under him ; he cannot declare the parliament no parliament ; once a iudge and alwayes , and irrevocably a judge . this prelates poor pleading for kings deserves no wages . lavater intelligit superiores & inferiores magistratus , non est potestas nisi a deo , vatablus consiliarios . . if the people had absolute right , to choose kings by the law of israel , they might have chosen another , then either adonijah , or solomon , but the lord expressely , deut. . . put an expresse law on them , that they should make no king , but him whom the lord should chuse : now the lord did either by his immediately inspired prophet , anoint the man , as he anointed david , saul , iehu , &c. or then he restricted , by a revealed promise , the royall power to a family , and to the eldest by birth : and therefore the lord first chose the man , and then the people made him king : birth was not their rule , as is clear , in that they made solomon their king , not adonijah the elder ; and this proveth , that god did both ordain kingly government to the kingdom of israel , and chose the man , either in his person , or tied it to the first born of the line . now we have no scripture , nor law of god , to tie royall dignitie to one man , or to one family ; produce a warrant for it in the word , for that must be a priviledge of the iews , for which we have no word of god , but we have no immediately inspired samuels , to say , make david , or this man king ; and no word of god to say , let the first born of this family , rather then another family sit upon the throne ; therefore the people must make such a man king , following the rule of gods word , deut. . . and other rules shewing what sort of men iudges must be , as deut. . , , . chro. . , . . it is true , kings in a speciall manner reign by christ. ergo , not by the peoples free election . the p. prelate argueth like himself : by this text , a major of a citie , by the lord , decreeth justice : ergo , he is not made a major of the citie , by the people of the citie . it followeth not , . none of us teach that kings reign by gods anger . we judge a king a great mercy of god to church , or state : but the text saith not , by the lord , kings and iudges do not onely reign and decree justice , but also murther protestants , by raising against them an army of papists . and the word , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , powers , doth in no greek author signifie , irrevocable powers ; for vzziah was a lawfull king , and yet chron. . lawfully put from the throne , and cut off from the house of the lord : and interpreters on this place , deny that the place is to be understood of tyrants : so the chaldee paraphrase turns it well , potentes virga justitiae : so lavater , and di●datus , and thomas saith , this place doth prove , that all kings , and iudges , laws , derivari a lege aeterna , are derived from the eternall law. the prelate eating his tongue for anger , striveth to prove , that all power , and so royall power , is of god : but what can he make of it ? we beleeve it , though he say sectaries prove , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that a man is justified by faith onely : so there is no power but of god onely : but feel the smell of a iesuite ; it is the sectaries doctrine . that we are justified by faith onely ; but the prelates , and the iesuites goe another way , not by faith onely , but by works also . and all power is from god onely , as the first author , and from no man. what then ? therefore men and people interpose no humane act in making this man a king , and not this man : it followeth , and let us with the prelate , joyn paul and solomon together , and say , that soveraigntie is from god , of god , by god , as gods appointment irrevocable . then shall it never follow : it is unseparable from the person , except you make the king a man immortall : as god onely can remove the crown ; it is true , but god onely can put an unworthy , and an excommunicated prelate from office and benefice , but how ? doth that prove , that men and the church may not also in their place , remove an unworthy church-man , when the church following gods word , delivereth to satan ? christ onely as head of the church , excommunicateth scandalous men : ergo , the church cannot do it , and yet the argument is as good the one way , as the other ; for all the churches on earth cannot make a minister properly , they but design him to the ministery whom god hath gifted and called : but shall we conclude , ergo , no church on earth ; but god onely , by an immediate action from heaven , can deprive a minister ? how then durst prelates excommunicate , unmake , and imprison so many ministers in the three kingdoms : but the truth is , take this one argument from the prelate , and all that is in his book , falleth to the ground , to wit , soveraigntie is from god onely . a king is a creature of gods making onely ; and what then ? ergo , soveraigntie cannot be taken from him : so god onely made aarons house priests . . solomon had no law to depose abiathar from the priest-hood . possibly the prelate will grant all ; the place , rom. . which he saith hath tortured us , i refer to a fitter place , it will be found to torture court parasites . i goe on with the prelate , c. . sacred soveraignty is to be preserved , and kings are to be prayed for , that we may lead a godly life , tim. . what then ? . all in authority are to be prayed for , even parliaments , by that text pastors are to be prayed for , and without them sound religion cannot well subsist . . is this questioned , but kings should be prayed for ; or are we wanting in this duty ? but it followeth not that all dignities to be prayed for are immediatly from god , not from men . prelate , prov. . solomon speaketh first of the establishment of government , before he speake of the workes of creation , ergo better not be at all , as be without government . and god fixed government in the person of adam before evah , or any else came into the world ; and how shall government be , and we enjoy the fruits of it , except we preserve the kings sacred authority inviolable ? ans. moses , gen. . speaketh of creation before he speaketh of kings , and moses speaketh , gen. . of adams sins before he speakes of redemption through the blessed seed ; ergo better never be redeemed at all , as to to be without sin . . if god made adam a governour before he made evah , and any of mankind , he was made a father and a husband before he had either sonne or wife . is this the prelates logick ? he may prove that two eggs on his fathers table are three this way . . there is no government where soveraignty is not kept inviolable . it is true , where there is a king , soveraignty must be inviolable , what then ? arbitrary government is not soveraignty . . he intimateth aristocracy , and democracy , and the power of parliaments , which maketh kings to be nothing but anarchie ; for he speaketh here of no government , but monarchy , p. prelate , there is need of grace to obey the king , ps. . . ps. . . it is god who subdueth the people under david . . rebellion against the king is rebellion against god. pet. . . prov , . . ergo kings have a neare alliance with god. ans. . there is much grace in papists and prelates then , who use to write and preach against grace . . lorinus your brother iesuite will with good warrant of the texts inferre , that the king may make a conquest of his own kingdomes of scotland and england by the sword , as david subdued the heathen . . arbitrary governing hath no alliance with god ; a rebell to god , his country and an apostate hath no reason to terme lawfull defence against ●ut-throat irish , rebellion . . there is need of much grace to obey pastors , inferiour iudges , masters , col. . , . ergo their power is from god immediatly , and no more from men then the king is created king by the people , according to the way of royalists . p. prelate . god saith of pharaoh , exo. . . i have raised thee up . elisha from god constituted the king of syria , king . . pharaoh , abimelech , hiram , hazael , hadad , are no lesse honoured with the compellation of kings , then david , saul , &c. ier. . . nebuchadnezer is honoured to be called by way of excellency gods servant , which god giveth to david , a king according to his owne heart ; and esay . , . thus saith the lord to his anoynted cyrus , and god nameth him neere a hundreth yeare before he was borne , esay . . he is my shepheard , daniel . , . . . god giveth kingdomes to whom he will , dan. . . and p. . empires , kingdomes , royalties are not disposed of by the composed contracts of men , but by the immediate hand and worke of god , hos. . . i gave them a king in my anger , i tooke him away in my wrath : iob , he places kings in the throne , &c. ans. here is a whole chapter of seven pages for one raw argument ten times before repeated , . to exod. . . i have raised up pharaoh , paul expoundeth it , rom. ▪ to prove that king pharaoh was a vessell of wrath fitted for destruction , by gods absolute will ; and the prelate following arminius , with treasonable charity , applyeth this to our king. can this man pray for the king ? . elisha anoynted but constituted not hazael king , and foretold he should be king ; and if he be a king of gods making , who slew his sicke prince , and invaded the throne by innocent bloud , judge you . i would not take kings of the prelates making . . if god give to nebuchadnezer the same still of the servant of god , given to david , ps. . . & . . and to moses , ios. , . all kings , because kings are men according to gods heart . why is not royalty then founded on grace ? nebuchadnezer was not otherwise his servant , then he was the hammer of the earth , and a tyrannous conquerour of the lords people , and all the heathen kings are called kings . but how came they to their thrones for the most part ? as david and hezekiah ? but god anointed them not by his prophets ; they came to their kingdomes by the peoples election , or by blood and rapine ; the latter way is no ground to you to deny athaliah to be a lawfull princesse , she and abim●lech were lawfull princes , and their soveraignty as immediatly and independently from god , as the soveraignty of many heathen kings . see then how justly athaliah was killed as a bloody usurper of the throne ; & this would licence your brethren the iesuites to stab heathen kings , whom you will have as well kings 〈◊〉 the lords anointed , though nebuchadnezer & many of them made their way to the throne , against all law of god and man , through a bloudy patent . . cyrus is gods anointed and his shepheard too , ergo his arbitrary government is a soveraignty immediatly depending on god , ●nd above all law ; it is a wicked consequence . . god named him neare a hundreth yeare ere he was borne , god named and designed judas very individually , and named the asse that christ should ride on to ierusalem , zach. . . some moe hundred yeares then one . what , will the prelate make them independent kings for that ? . god giveth kingdomes to whom he will. what then ? this will prove kingdomes to be as independent and immediatly from god , as kings are ; for as god giveth kings to kingdomes , so he giveth kingdomes to kings , and no doubt he giveth kingdoms to whom he will ; so he giveth prophets , apostles , pastors to whom he will ; and he giveth tyrannous conquests to whom he will : and it is nebuchadnezer , to whom daniel speaketh that , from the lord , and he had no just title to many kingdomes , especially to the kingdome of iudah , which yet god the king of kings gave to him , because it was his good pleasure ; and if god had not commanded them by the mouth of his prophet ieremiah , might they not have risen , and with the sword have vindicated themselves and their own liberty , no lesse then they lawfully by the sword vindicated themselves from under moab , iudges . from under iabin , iaakin king of canaan , who twenty yeares mightily oppressed the children of israel , iudges . . ? now this p. prelate by all these instances making heathen kings to be kings by as good a title as david and hezekiah , condemneth the people of god as rebells , if being subdued and conquered by the turke , and spanish king , they should by the sword recover their owne liberty , and that israel , and the saviours which god raised to them , had not warrant from the law of nature to vindicate themselves to liberty , which was taken from them violently and unjustly by the sword ; but from all this it shall well follow that the tyranny of bloudy conquerours is immediatly and only dependent from god , no lesse then lawfull soveraignty ; for nebuchadnezers soveraignty over the people of god , and many other kingdomes also was revenged of god as tyranny , ier. . . . and therefore the vengeance of the lord , and the vengeance of his temple came upon him and his land , ier. . , . . , . . it is true , the people of god were commanded of god to submit to the king of babylon , to serve him , and to pray for him , and to doe on the contrary was rebellion ; but this was not because the king of babylon was their king , and because the king of babylon had a command of god , so to bring under his yoak the people of god. so christ had a commandement to suffer the death of the crosse , iohn . . . but had herod and pilate any warrant to crucifie him ? none at all . . he saith , royalties even of heathen kings are not disposed of by the composed contracts of men , but by the immediate hand and worke of god. but the contracts of men to give a kingdome to a person , which a heathen community may lawfully doe , and so by contract dispose of a kingdom , is not opposite to the immediate hand of god , appointing royalty and monarchy at his owne blessed liberty . lastly he saith , god tooke away saul in his wrath ; but i pray you did god onely doe it ? then had saul because a king , a patent royall from god to kill himselfe , for so god tooke him away ; and we are rebells by this , if we suffer not the king to kill himselfe . well pleaded . quest . vi. whether the king be so from god onely both in regard of his soveraignty , and of the designation of his person to the crown , as that he is no waies from the people , but by meere approbation ? dr. ferne , a man much for monarchy saith , though monarchy hath its excellency , being first set up of god , in moses , yet neither monarchy , aristocracy , nor any other forme , is jure divino , but we say ( saith he ) the power it selfe , or that sufficiency of authority to governe , that is in a monarchy , or aristocracy , abstractly considered from the qualification of other formes , is a flux and constitution subordinate to that providence ; an ordinance of that dixi , or silent word by which the world was made , and shall be governed under god. this is a great debasing of the lords anoynted , for so soveraignty hath no warrant in gods word formally as it is such a government , but is in the world by providence , as sin is , and as the falling of a sparrow to the ground ; whereas gods word hath not onely commanded that government should be , but that fathers and mothers should be . . and not only that politick rulers should be , but also kings by name , and other iudges aristocraticall should be , rom. . . deut. . . pet. . . prov. . . prov. . . . if the power of monarchy and aristocracy abstracted from the formes be from god , then it is no more lawfull to resist aristocraticall government , and our lords of parliament , or iudges , then it is lawfull to resist kings . but heare the prelates reasons to prove that the king is from the people by approbation only . p. prelate . the people , deut. . is said to set a king over them only , as cor. . the saints are said to judge the world , that is , by consenting to christs iudgement . so the people doe not make a king by transferring on him soveraignty , but by accepting , acknowledging , reverencing him as king , whom god hath both constituted and designed king. answ. this is said , but not a word proved : for the queen of sheba , and hiram acknowledged , reverenced and obeyed solomon as king , and yet they made him not king , as the princes of israell did . . reverence and obedience of the people is relative to the kings lawes , but the peoples making of a king is not relative to the laws of a king ; for then he should be a king giving laws , and commanding the people , as king , before the people make him king. . if the peoples approving and consenting that an elected king be their king , presupposeth that he is a king designed , and constituted by god , before the people approve him as king ; let the p. prelate give us an act of god now designing a man king : for there are no immediate voyces from heaven , saying to a people , this is your king , before the people elect one of sixe to be their king. and this infallibly proveth that god designeth one of sixe to be a king , to a people who had no king before , by no other act but by determining the hearts of the states to elect and designe this man king , and passe any of the other five . . when god , deut. . forbiddeth them to choose a stranger , he presupposeth they may choose a stranger : for gods law now given to man in the state of sinne , presupposeth he hath corruption of nature to doe contrary to gods law : now if god did hold forth , that their setting a king over them , was but the peoples approving the man whom god shall both constitute and designe to be king , then he should presuppose that god was to designe a stranger to be the lawfull king of israel ; and the people should be interdicted to approve and consent , that the man should be king whom god should choose : for it was unpossible that the people should make a stranger king , ( god is the only immediate king-creator ) the people should only approve and consent that a stranger should be king ; yet upon supposall that god first constituted and designed the stranger king , it was not in the peoples power that the king should be a brother rather then a stranger ; for if the people have no power to make a king , but doe only approve him , or consent to him , when he is both made and designed of god to be king , it is not in their power that he be either brother or stranger ▪ and so god commandeth what is simply impossible . . consider the sense of the command by the prelates vaine logick : i iehovah , as i only create the world of nothing , so i only constitute and designe a man , whether iew , or nebuchadnezzar a stranger to be your king ; yet i inhibit you under the pain of my curse , that you set any king ●ver your selves , but only a brother . what is this , but i inhibite you to be creators by omnipotent power ? . to these adde the reasons i produced before , that the people by no shadow of reason can be commanded to make such a man king , not such a man , if they only consent to the man made king , but have no action in the making of the king. p. prelate . all the acts reall and imaginable , which are necessary for the making of kings , are ascribed to god : take the first king as a ruling case , sam. . . behold the king whom you have chosen and desired , and behold the lord hath set a king over you . this election of the people can be no other but their admittance or acceptance of the king whom god hath chosen and constituted , as the words , whom ye have chosen , imply , sam. . . sam. . . you have sauls election and constitution , where samuel as priest and prophet anointeth him , doing reverence and obeysance to him , and ascribing to god , that he did appoint him supreame and soveraigne over his inheritance . and the same expression is , sam. . . the lord hath set a king over you : which is psal. . . i have set my king upon my holy hill of zion . neither man nor angel hath any share in any act of constituting christ king , deut. . the lord vindicateth as proper and peculiar to himselfe , the designation of the person . it was not arbitrary to the people to admit or reject saul so designed ; it pleased god to consummate the worke by the acceptation , consent and approbation of the people , ut suaviore modo , that by a smoother way he might incourage saul to undergoe the hard charge , and make his people the more heartily , without grumbling and scruple , reverence and obey him . the peoples admittance possibly added something to the solemnitie , to the pompe , but nothing to the essentiall and reall constitution or necessitie ; it only puts the subjects in mala fide , if they should contraveen , as the intimation of a law , the coronation of an hereditary king , the inthronization of a bishop . and , king. . . thou hast made thy servant king , sam. . . i have provided me a king , psal. . . he is gods king , psal. . . i have exalted one chosen out of the people , v. . he anointeth them , . adopteth them . i will make him my first borne , psal. . . the first borne is above every brother severally , and above all , though a thousand joyntly . answ. . by this reason , inferiour iudges are no lesse immediate deputies of god , and so irresistible , then the kings , because god took off the spirit that was on moses , and immediately powred it upon the seventy elders , who were iudges inferiour to moses , num. . . . . answ. . this p. p. cannot make a syllogisme : i● all the acts necessary to make a king , be given to god , none to the people ; then god both constituteth and designeth the king. but the former the scripture saith , ergo , if all the acts be given to god , as to the prime king-maker , and disposer of kings and kingdoms , and none to the people in that notion , then god both constituteth and designeth a king. both major and minor is false . the major is a● false as the very p. prelate himselfe . all the acts necessary for war-making , are in an eminent manner given to god , as . the lord fighteth for his people . . the lord scattered the enemies . . the lord slew og king of bashan . . the battell is the lords . . the victorie the lords ; ergo , israel never fought a battell . so deut. . the lord alone led his people ; the lord led them in the wildernesse ; their bow and their sword gave them not the land : god wrought all their workes for them , esa . . ergo , moses led them not ; ergo , the people went not on their own leggs through the wildernesse ; ergo , the people never shot an arrow , never drew a sword . it followeth not . . god did all these as the first , eminent , principall and efficacious pre-determinator of the creature , ( though this arminian and popish prelate mind not so to honour god. ) . the assumption is also false ; for the people made saul and david kings ; and it were ridiculous , that god should command them to make a brother , not a stranger king , if it was not in their power whether he should be a iew , a scythian , an ethiopian , who was their king , if god did only without them both choose , . constitute , . designe the person , and performe all acts essentiall to make a king , and the people had no more in them but only to admit and consent , and that for the solemnitie and pompe , not for the essentiall constitution of the king. . ● sam. . . sam. . . we have not saul elected and constituted king , and samuel did obeysance to him and kissed him , for the honor royall which god was to put upon him : for before this propheticall unction , sam. . . he made him sit in the chiefe place , and honored him as king , when as yet samuel was materially king , and the lords vicegerent in israel . if then the prelate conclude any thing from samuel his doing reverence and obeysance to him as king , it shall follow that saul was formally king , before samuel , sam. . . anointed him , and kissd him ; and that must be before he he was formally king , otherwise he was in gods appointment king , before ever he saw samuels face ; and it is true , he ascribeth honour to him , as to one appointed by god to be supreame soveraigne , for that which he should be , not for that which he was , as c. . . he set him in the chiefest place , and therefore it is false , that we have sauls election and constitution to be king , sam. . for after that time the people are rebuked for seeking a king , and that with a purpose to disswade them from it , as a sinfull desire , and he is chosen by lots after that , and made king , & after samuels anoynting of him , he was a private , man , and did hide himselfe amongst the stuffe , v. . . the prelate if of ignorance , or wilfully i know not , saith , the expression and phrase is the same , sam. . . and ps. . . which is false ; for sam. . . it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 behold the lord hath given you a king , such is the expression , hos. . . i gave them a king in my wrath ; but that expression is not psal. . . but this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but i have established him my king ; and though it were the same expression , it followeth not that the people have not hand any other way in appointing christ their head ; ( though that phrase also be in the word , hos. . v. . ) then by consenting , and beleeving in him as king ; but this proveth not that the people in appointing a king , hath no hand but naked approbation , for the same phrase doth not expresse the same action , nay the iudges are to kisse christ , ps. . . the same way , and by the same action that samuel kissed saul , sam. . . and the idolaters kissed the calves , hos. . . for the same hebrew word is used in all the three places , and yet it is certaine the first kissing is spirituall , the second a kisse of honour , and the third an idolatrous kissing . . the anoynting of saul cannot be a leading rule to the making of all kings to the worlds end ; for the p. prelate forgetting himselfe said , that onely some few , as moses , saul , and david , &c. by extraordinary manifestation from heaven were made kings , pa. . . he saith it was not arbitrary for the people to admit , or reject saul so designed . what meaneth he ? it was not morally arbitrary , because they were under a law , deut. . , . to make him king , whom the lord should choose . that is true , but was it not arbitrary to them to breake a law physically ? i think he who is a professed arminian will not side with manicheans and fatalists so , but the p. prelate must prove it was not arbitrary , either morally or physically to them not to accept saul as their king , because they had no action at all in the making of a king , god did it all , both by constituting and designing the king , why then did god , deut. . give a law to them to make such a man king , not such a man , if it was not in their free wil to have any action or hand in the making of a king at all ? but that some sonnes of belial would not accept him as their king , is expresly said , sam. . . and how did israel conspire with absolom , to unking and dethron● david , whom the lord had made king ? if the prelate meane it was not arbitrary to them physically to reject saul , he speaketh wonders , the sonnes of belial did reject him ; ergo they had physicall power to doe it : if he meane it was not arbitrary , that is , it was not lawfull to them to reject him , that is true ; but doth it follow they had no hand nor action in making saul king , because it was not lawfull for them to make a king in a sinfull way , and to refuse him whom god chose to be king ? then see what i inferre . . then they had no hand in obeying him as king , because they sinne in obeying unlawfull commandements against gods law ; and so they had no hand in approving and consenting he should be king , the contrary whereof the p. prelate saith . . so might the p. prelate prove men are patientes , and have no action in violating all the commandements of god , because it is not lawfull to them to violate any one commandement . ( ) the lord deut. . vindicates this as proper and peculiar to himselfe to choose the person , and to choose saul . what then ? ergo now the people choosing a king have no power to choose or name a man , because god anoynted saul and david by immediate manifestation of his will to samuel ; this consequence is nothing , & also it followeth in no wise , that therefore the people made not saul king. . that the peoples approbation of a king is not necessary , is bellarmines and papists saying , and that the people chose their ministers in the apostolick church , not by a necessity of a divine commandement , but to conciliate love betwixt pastor and people . papists hold that if the pope make a ●●pish king the head and king of britaine against the peoples will , yet is he their king. . david was then king all the time that saul presecuted him ; he sinned truely in not discharging the duty of a king , onely because he wanted a ceremony , the peoples approbation , which the prelate saith is required to the solemnity and pompe , not to the necessity and truth , and essence of a formall king. so the kings coronation oath , and the peoples oath must be ceremonies ; and because the prelate is perjured himselfe , therefore perjury is but a ceremony also . . the enthronization of bishops is like the kinging of the pope ; the apostles must spare thrones , while they come to heaven , luk. . , . the p. prelates with their head the pope must be enthroned . . the hereditary king he maketh a king before his coronation , and his acts are as valid before as after his coronation ; it might cost him his head to say that the prince of wales is now no lesse king of britaine , and his acts , acts of kingly royalty , no lesse then our soveraigne is king of britaine , if lawes and parliaments had their owne vigour from royall authority . . i allow that kings be as high as god hath placed them , but that god said of all kings , i will make him my first borne , &c. psalm . , . which is true of solomon as the type , sam , . chro. . . sam. . . and fulfilled of christ , and by the holy ghost spoken of him , heb. . . . is blasphemous ; for god said not to nero , iulian , dioclesian , belshazer , evilmerodach , who were lawfull kings . i will make him my first borne ; and that any of these blasphemous idolatrous princes should cry to god , he is my father , my god , &c. is divinity well beseeming an excommunicated prelate . of the kings dignity above the kingdome i speake not now ; the prelate pulled it in by the haire , but hereafter we shall heare of it . p. prelate . god onely anoynted david , sam. . . the men of bethleem , yea samuel knew it not before . god saith , with mine holy oyle have i anoynted him , ps. . . . he is the lords anoynted . the oyle is gods , not from the apothecaries shop , nor the priests viall ; this oyle descended from the holy ghost , who is no lesse the true olive , then christ is the true vine ; yet not the oyle of saving grace , as some fantasticks say , but holy , . from the author god. . from influence in the person , it maketh the person of the king sacred . . from influence on his charge , his function and power is sacred . ans. . the prelate said before davids anoynting was extraordinary ; here he draweth this anoynting to all kings . . let david be formally both constituted and designed king divers yeares before the states made him king at hebron , and then . saul was not king , the prelate will tearme that treason . . this was a dry oyle , david his person was not made sacred , nor his authority sacred by it ; for he remained a private man , and called saul his king , his master , and himselfe a subject . this oyle was no doubt gods oyle , and the prelate will have it the holy ghosts , yet he denieth that saving grace , yea ( p. . c. ) he denyeth that any supernaturall gift should be the foundation of royall dignity , and that it is a pernitious tenent . so to me he would have the oyle from heaven , and not from heaven . . this holy oyle wherewith david was annointed , psalme . . to (a) augustine , is the oyle of saving grace : his own deare brethren the papists say so , and especially (b) lyranus , (c) glossa ordinaria , (d) hugo cardinal , (e) his beloved bellarmine , (f) and lorinus , calvin , musculus , marlorat . if these be fanaticks ( as i think they are to the prelate ) yet the text is evident , that this oyle of god was the oyle of saving gtace , bestowed on david , as on a speciall type of christ , who received the spirit above measure , and was the anointed of god , ps. . . whereby all his garments smell of myrrhe , aloes , and cassia , ver . . and his name messiah is as an oyntment powred out , cant. . . this anointed shall be head of his enemies . . his dominion shall be from the sea to the rivers , v. . . he is in the covenant of grace , v. . . he is higher then the kings of the earth . . the grace of perseverance is promised to his seed , v. , , . . his kingdome is eternall , as the dayes of heaven , vers . , . . if the prelate will looke under himselfe to (g) diodatus , and (h) ainsworth , they say , this holy oyle was powred on david by samuel , and on christ was powred the holy ghost , and that by (i) warrant of scripture , and (k) junius , and (l) mollerus saith with them . now the prelate taketh the court way , to powre this oyle of grace on many drie princes , who without all doubt are kings essentially no lesse then david . he must see better then the man who finding pontius pilate in the creed , said , he behoved to be a good man : so because he hath found nero the tyrant , julian the apostate , nebuchadnezzar , evil-merodach , hazael , hagag , all the kings of spaine , and i doubt not , the great turke , in the psalm , v. , . so all these kings are anointed with the oyle of grace , and all these must make their enemies necks their footstoole ; all these be higher then the kings of the earth , and are hard and fast in the covenant of grace , &c. p. prelate . all the royall ensignes and acts of kings are ascribed to god. the crown is of god , esa. . . psal. . . in the emperours coyne was an hand putting a crowne on their head : the heathen said they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding their crownes from god. psal. . . thou hast girt me with strength ( the sword is the embleme of strength ) unto battell . see iud. . . their scepter , gods scepter . exod. . , , . we read of two rods , moses and aarons ; aarons rod budded ; god made both the rods ; their judgement is the lords . chron. . . their throne is gods , ▪ chron. . . the fathers called them , sacra vestigia , sacra majestas ; their commandements , divalis jussio . the law saith , all their goods are res sacrae . ergo , our new statists disgrace kings , if they blaspheme not god , in making them the derivatives of the people , the basest extract of the basest of irrationall creatures , the multitude , the communaltie ▪ answ. this is all one argument from the prelates beginning of his booke to the end ; in a most speciall and eminent act of gods providence , kings are from god ; but therefore they are not from men , and mens consent : it followeth not . from a most speciall and eminent act of gods providence , christ came into the world , and tooke on him our nature : ergo , he came not of davids l oynes . it is a vaine consequenc● . there could not be a more eminent act then this , psal. . a body thou hast given me ; ergo , he came not of davids house , and from adam by naturall generation , and was not a man like us in all things except sinne . it is tyrannicall and domineering logick . many things are ascribed to god only , by reason of a speciall and admirable act of providence : as the saving of the world by christ , the giving of canaan to israel , the bringing h●s people out of egypt , and from chaldea , the sending of the gospel to both iew & gentile , &c. but shall we say , that god did none of these things by the ministerie of men , and weake and fraile men ? . how proveth the prelate that all royall ensignes are ascribed to god , because esa. . the church universall shall be as a crown of glorie , and a royall diadem in the hand of the lord ; ergo , baculus in angulo , the church shall be as a seale on the heart of christ. what then ? hieronymus , procopius , cyrillus , with good reason render the meaning thus : thou o zion , and church , shalt be to me a royall priesthood , and a holy people . for that he speaketh of his owne kingdome and church , is most evident , v. . . for zions sake i will not hold my peace , &c. . god put a crown of pure gold on davids head , psal. . . therefore iulian , nero , and no elective kings , are made and designed to be kings by the people : he shall never prove this consequence . the (a) chaldee paraphrase applyeth it to the reigne of king messiah . (b) diodatus he speaketh of the kingdome of christ. (c) ainsworth maketh this crowne a signe of christs victorie . athanasius , eusebius , origen , augustine , dydimus , expound it of christ and his kingdome . the prelate extendeth it to all kings , as the blasphemous rabbines , especially ra. salomon , deny that he speaketh of christ here : but what more reason is there to expound this of the crownes of all kings given by god ( i deny not ) to nero , julian , &c. then to expound the foregoing and following verses as applyed to all kings ? did julian rejoyce in gods salvation ? did god grant nero his hearts desire ? did god grant ( as it is , v. . ) life eternall to heathen kings , as kings ? which words all interpreters expound of the eternitie of davids throne , till christ come , and of victorie and life eternall purchased by christ , as (d) ainsworth with good reason expounds it . and what though god give david a crown ; ergo , not by second causes , and by bowing all israels heart to come in sinceritie to hebron to make david king , king. . . god gave corne and wine to israel , hos. . shall the prelate and the anabaptist inferre , ergo , he giveth it not by plowing , sowing , and the art of the husbahd-man ? . the heathen acknowledged a divinitie in kings ; but he is blind who readeth them , and seeth not in their writings , that they teach that the people maketh kings . . god girt david with strength , while he was a private man , and persecuted by saul , and fought with goliah , as the title of the same beareth ; and he made him a valiant man of warre to breake bowes of steele ; ergo , he giveth the sword to kings , as kings , and they receive no sword from the people . this is poore logick . . the p. prelate sendeth us judg. . . to the singular and extraordinarie power of god with gideon : and i say , that same power behoved to be in oreb and zeba , v. . for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 princes , and such as the prelate from pro. . . saith , have no royall power from the people . . moses and aaron their two rods were miraculous . this will prove that priests are also gods , and their persons srcred . i see not ( except the prelate would be at wo●sh●pping of reliques ) what more royall divinitie is in moses his rod , because he wrought miracles by his rod , then there is in elias his staffe , in peters napkin , in pauls shadow . this is like the strong symbolicall theologie of his fathers the jesuites , which is not argumentative , except he say that moses as king of jesurum wrought miracles ; and why should not nero , caligula , pharoah , and all kings rods then dry up the red sea , and work miracles ? . we give all the stiles to kings that the fathers gave , and yet we thinke not , when david commandeth to kill vriah , and a king commandeth to murther his innocent subjects in england and scotland , that that is divalis jussio , the command of a god ; and that this is a good consequence , what ever the king commandeth , though it were to kill his loyallest subjects , is the commandement of god , ergo , the king is not made king by the people . . ergo , ( saith he ) these new statists disgrace the king. if a most new statist sprung out of a poore pursevant of kraill , from the dunghill to the court , could have made himselfe an old statist , and more expert in state affaires , then all the nobles and soundest lawyers in scotland and england , this might have more weight . . therefore the king ( saith p. p. ) is not the extract of the basest of rationall creatures . he meaneth , fex populi , his owne house and linage ; but god calleth them his owne people , a royall priesthood , a chosen generation , and , ps . . . will warrant us to say the people is much worthier before god , then one man , seeing god choose david for iacob his people , and israel his inheritance , that he might feede them , iohn p. p. his fathers suffrage in making a king will never be sought . we make not the multitude , but the three estates including the nobles and gentry to be as rationall creatures , as any apostate prelate in the three kingdomes . quest . vii . whether or no the p. prelate the aforesaid author doth by force of reason evince , that neither constitution nor designation of the king is from the people ? the p. prelate aymeth ( but it is an empty ayme ) to prove that the people are wholly excluded . i answer only arguments not pitched on before , as the prelate saith . p. prelate . . to whom can it be more proper to give the rule over men , then to him who is the onely king truely and properly of the whole world ? . god is the immediate author of all rule and power that is amongst all his creatures , above or below . . man before the fall received dominion , and empire over all the creatures below immediatly , as gen. . . gen. . . ergo we cannot deny that the most noble government ( to wit monarchy ) must be immediatly from god , without any contract or compact of men . ans. the first reason concludeth not what is in question ; for god only giveth rule and power to one man over another ; ergo he giveth it immediatly , it followeth not . . it shall as well prove that god doth immediatly constitute all iudges , and therefore it shall be unlawfull for a city to appoint a major , or a shire a iustice of peace . . the second argument is inconsequent also , because god in creation is the immediat author of all things , and therefore without consent of the creatures , or any act of the creature , created an angell a nobler creature then man , and a man then a woman , and men above beasts ; because those that are not , can exercise no act at all . but it followeth not ; ergo all the workes of providence , such as is the government of kingdomes are done immediatly by god , for in the workes of providence , for the most part in ordinary , god worketh by meanes ; it is then as good a consequence as this . god immediatly created man , ergo he keepeth his life immediatly also without foode and sleepe . god immediatly created the sunne , ergo god immediatly without the mediation of the sunne giveth light to the world . the making of a king is an act of reason , and god hath given a man reason to rule himselfe ; and therefore hath given to a society an instinct of reason , to appoint a governour over themselves , but no act of reason goeth before man be created ; ergo it is not in his power whether he be created a creature of greater power then a beast or no. . god by creation gave power to a man over the creatures , and so immediatly ; but i hope a man cannot say , god by creation hath made a man king over men . . the excellency of monarchy ( if it be excellenter then any other government , of which hereafter ) is no ground why it should be immediatly from god , as well as mans dominion over the creature ; for then the worke of mans redemption being more excellent then the raysing of lazarus , should have been done immediatly without the incarnation , death and satisfaction of christ ( for no act of god without himselfe is comparable to the worke of redemption , pet. . , . col. . , , , , . ) and gods lesse excellent workes , as his creating of beasts and wormes should have been done mediatly , and his creating of man immediatly . p. p. they who execute the judgement of god , must needs have the power to judge from god. but kings are deputies in the exercises of the iudgements of god , ergo , the proposition is proved . how is it imaginable that god reconcileth the world by ministers , and saveth man by them , cor. . tim. . . except they receive a power so to doe from god ? the assumption is , deut. . . chro. . . let none say moses and iehosaphat speake of inferiour iudges , for that which the king doth to others , he doth by himselfe ; also . the execution of the kingly power is from god , for the king is the servant , angell , legat , minister of god , rom. . , . god properly and primarily is king , and king of kings and lord of lords , tim. . . rev. . . . . . . all kings related to him , are kings equivocally , and in resemblance , and he the only king. ans. that which is in question is never concluded ; to wit , that the king is both immediatly constituted and d●signed king , by god onely , and not by the mediation of the people ; for when god reconcileth and saveth men by pastors , he saveth them by the intervening action of men , so he scourgeth his people by men , as by his sword , psal. . . and hand , staffe , and rod , esay . . his hammer . doth it follow that god onely doth immediatly scourge his people , and that wicked men have no more hand and action in scourging his people , then the prelate saith the people h●ve an hand in making a king ? and that is no hand at all , by the prelates way . . we may borrow the prelates argument : inferiour iudges execute the judgement of the lord , and not the judgement of the king ; ergo , by the prelates argument , god doth only by immediate power execute judgement in them , and the inferiour iudges are not gods ministers executing the judgement of the lord. but the conclusion is against all truth , and so must the prelates argument be . and that inferiour iudges are the immediate substitutes and deputies of god , is hence proved , and shall be hereafter made good , if god will. . god is properly king of kings , so is god properly causa causarum , the cause of causes , the life of lifes , the joy of joyes . what , shall it then follow , that he worketh nothing in the creatures by their mediation , as causes ? because god is light of lights , doth he not enlighten the earth and aire by the mediation of the sun ? then god communicateth not life mediately by generation , he causeth not his saints to rejoyce with joy unspeakable and glorious , by the intervening mediation of the word . these are vaine consequences . soueraignty , and all power and virtue is in god infinitely : and what vertue and power of action is in the creatures , as they are compared with god , are in the creatures equivocally and in resemblance , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in opinion , rather then really . hence it must follow , . that second causes worke none at all , no more then the people hath a hand or action in making the king , and that is no hand at all , as the prelate saith , and god only and immediately worketh all workes in the creatures , because both the power of working and actuall working commeth from god , and the creatures in all their working , are gods instruments : and if the prelate argue so frequently from power given of god , to prove that actuall reigning is from god immediately , deut. . . the lord giveth the power , to get wealth : will it follow that israel getteth no riches at all , or that god doth not mediately by them and their industrie get them ? i thinke not . p. prelate . to whom can it be due to give the kingly office , but to him only who is able to give the indument and abilitie for the office ? now god only and immediately giveth abilitie to be a king , as the sacramentall anointing proveth , josh . . othniel is the first judge after joshua ; and it is said , and the spirit of the lord came upon him , and and he judged israel ; the like is said of saul and david . ans. god gave royall indowments immediatly , ergo he immediatly now maketh the king. it followeth not , for the species of government is not that which formally constituteth a king , for then nero , caligula , iulian should not have been kings , and those who come to the crowne by conquest and blood , are essentially kings , as the prelate saith ; but be all these othniels , upon whom the spirit of the lord commeth ? then they are not essentially kings who are babes and children , and foolish and destitute of the royall endowments , but it is one thing to have a royall gift , and another thing to be formally called to the kingdome , david had royall gifts after samuel anoynted him , but if you make him king , before sauls death , saul was both a traytor all the time that he persecuted david , and so no king , and also king and gods anoynted , as david acknowledgeth him ; and therefore that spirit that came on david , and saul , maketh nothing against the peoples election of a king , as the spirit of god is given to pastors under the new testament , as christ promised ; but it will not follow that the designation of the man who is to be pastor , should not be from the church and from men , as the prelate denyeth that either the constitution or designation of the king is from the people , but from god onely . . i beleeve the infusion of the spirit of god upon the iudges will not prove that kings are now both constituted and designed of god solely , onely , and immediatly ; for the iudges were indeed immediatly and for the most part extraordinarily raised up of god , and god indeed in the time of the iewes was the king of israel in another manner then he was the king of all the nations , and is the king of christian realmes now , and therefore the peoples despising of samuel , was a refusing that god should reigne over them , because god in the iudges revealed himselfe even in matters of policy , as what should be done to the man that gathered sticks on the sabbath day , and the like , as he doth not now to kings . p. prelate . soveraigntie is a ray of divine glory and majestie● but this cannot be found in people , whether you consider them joyntly , or singly ; if you consider them singly , it cannot be in every individuall man ; for sectaries say , that all are born equall with a like freedom : and if it be not in the people singly , it cannot be in them joyntly ; for all the contribution in this compact and contract which they fancie to be humane composition , and voluntary constitution , is onely , by a surrender of the native right that every one had in himself ; from whence then can this majestie and authoritie be derived ? again , where the obligation amongst equals is by contract and compact , violation of the faith , plighted in the contract , cannot in proper termes , be called disobedience , or contempt of authoritie : it is no more but a receding from , and a violation of that which was promised , as it may be in states or counties confederate . nature , reason , conscience , scripture , teach , that disobedience to soveraign power is not onely a violation of truth , breach of covenant , but also high disobedience and contempt , as is clear , sam. . . so when saul , chap. . sent a yoak of oxen , hewed in pieces , to all the tribes , the fear of the lord fell on the people , and they came out with one consent , sam. . . so job . . he looseth the bonds of kings , that is , he looseth their authoritie , and bringeth them in contempt ; and he girdeth there loyns with a girdle , that is , he strengthneth their authoritie , and maketh the people to reverence them . heathens observe , that there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing in kings . prophane histories say , that this was so eminent in alexander the great , that it was a terrour to his enemies , and a powerfull loadstone to draw men to compose the most seditious counsels , and cause his most experienced commanders , embrace , and obey his counsel , and command . some stories write , that upon some great exigence , there was some resplendent majesti● in the eyes of scipio . this kept pharaoh from lifting his hand against moses , who charged him so boldly with his sins . when moses did speak with god , face to face in the mount , this resplendent glory of majestie so awed the people , that they durst not behold his glory , exod. . this repressed the fury of the people enraged against gideon from destroying their idol , judg. . and the fear of man is naturally upon all living creatures below , gen. . so what can this reverence , which is innate in the hearts of all subjects toward their soveraigns be , but the ordinance unrepealable of god , and the naturall effect of that majestie of princes , with which they are endowed with from above ? ans. . i never heard any shadow of reason while now , and yet ( because the lie hath a latitude ) here is but a shadow , which the prelate stole from m. antonius de dominis archiepisc. spalatensis , and i may say confidently , this plagiarius hath not one line in his booke which is not stollen ; and for the present spalato his argument is but spilt , and the nerves cut from it , while it is both bleeding and lamed . let the reader compare them , and i pawn my credit he hath ignorantly clipped spalato : but i answer , . soveraigntie is a beam and ray ( as spalato saith ) of divine majestie , and is not either formally or virtually in the people . so he . it is false , that it is not virtually in the people : for there be two things in the iudge , either inferior or supream ( for the argument holdeth in the majestie of a parliament , as we shall hear ) . the gift or grace of governing ( the arminian prelate will offend at this . ) . the authority of governing : . the gift is supernaturall , and is not in man naturally , and so not in the king ; for he is physically but a mortall man , and this is a gift received ; for salomon asked it by prayer from god. there is a capacitie passive in all individuall men for it : as for the officiall authoritie it self , it is virtually in all , in whom any of gods image is remaining , since the fall , as is clear ; as may be gathered from , gen. . . yea , the father , the master , the judge , have it by gods institution in some measure , over son , servant , and subject , though it be more in the supreme ruler : and for our purpose , it is not requisite that authoritative majestie should be in all . ( what is in the father and husband , i hope to clear ) i mean , it needeth not to be formally in all , and so all are born alike and equall : but he who is a papist , a socinian , an arminian , and therefore delivered to satan by his mother church , must be the sectarie , for we are where this prelate left us , maintainers of the protestant religion , continued in the confession of faith , and nationall covenant of scotland , when this demas forsook us , and embraced the world. . though not on single man in israel be a judge , or king by nature , nor have in them formally any ray of royaltie , or of magistraticall authoritie ; yet it followeth not , that israel parliamentarily convened , hath no such authoritie , as to make saul king in mizpah , and david king in hebron , sam. . , . chro. . , . chap. . , . one man alone hath not the keyes of the kingdom of heaven , ( as the prelate dreameth ) but it followeth not , that many convened in a church way , hath not this power , matth. . . cor. . , , , . one man hath not strength to fight against an army of ten thousand : doth it follow ? ergo , an army of twenty thousand hath not strength to fight against these ten thousand : so one paul cannot synodically determine the question , acts . it followeth not ; ergo , the apostles , and elders , and brethren , convened from divers churches , hath not power to determine it in a lawfull synod : and therefore , from a disjoyned and scattered power , no man can argue to a united power : so not any one man is an inferiour ruler , or hath the rayes and beams of a number of aristocraticall rulers : but it followeth not . ergo , all these men combined in a citie , or societie , have not power in a joynt politicall body , to chose inferiour or aristocraticall rulers . . the p. prelates reason is nothing . all the contribution ( saith he ) in the compact body to make a king , is onely by a surrender of the native right of every single man , ( the whole being onely a voluntary constitution . ) how then can there be any majestie derived from them ? i answer . very well . for the surrender is so voluntary , that it is also naturall , and founded on the law of nature , that men must have governours , either many , or one supreme ruler : and it is voluntary , and dependeth on a positive institution of god , whether the government be by one supreme ruler , as in a monarchie , or in many , as in an aristocracie , according as the necessitie and temper of the common-wealth do most require . this constitution is so voluntary , as it hath below it , the law of nature for its generall foundation ; and above it , the supervenient institution of god , ordaining , that there should be such magistrates , both kings , and other iudges , because without such , all humane societies should be dissolved . . individuall persons in creating a magistrate , doth not properly surrender their right , which can be called a right ; for they do but surrender their power of doing violence to these of their fellows in that same communitie ; so as they shall not now have morall power to do injuries without punishment ; and this is not right or libertie properly , but servitude : for a power to do violence and injuries , is not liberty , but serv●tude and bondage . but the prelate talketh of royaltie , as of meer tyranny , as if it were a proper dominion , and servile empire , that the prince hath over his people , and not more paternall and fatherly , then lordly , or masterly . . he saith , violation of faith plighted in a contract amongst equals , cannot be called disobedience , but disobedience to the authoritie of the soveraign is not onely breach of covenant , but high disobedience and contempt . but violation of faith amongst equals , as equals , is not properly disobedience ; for disobedience is betwixt a superiour and an inferiour : but violation of faith amongst equals , when they make one of their equals their iudge and ruler , is not onely violation of truth , but also disobedience . all israel and saul while he is a private man seeking his fathers asses , are equals by covenant obliged one to another ; and so any injury done by israel to saul in that case , is not disobedience , but onely violation of faith ; but when all israel maketh saul their king , and sweareth to him obedience , he is not now their equall , and an injury done to him now , is both a violation of their faith , and high disobedience also . suppose a citie of aldermen , all equall amongst themselves indignitie and place , take one of their number , and make him their major and provost ; a wrong done to him now , is not onely against the rules of fraternitie , but disobedience to one placed by god in authoritie over them . . sam. . . the fear of the lord fell on the people , and they came out with one consent to obey saul . ergo , god hath placed authority in kings , which is not in people : it is true , because god hath transferred the scattered authorities that are in all the people , in one masse ; and by vertue of his own ordinance , hath placed them in one man who is king. what followeth ? ergo , god conferreth this authoritie immediately upon the king , without the mediation of any action of the people ; yea , the contrary rather followeth . . god looseth the bond of kings ; that is , when god is to cast off kings , he causeth them to lose all authoritie , and maketh them come in contempt with the people . but what doth this prove ? that god taketh away the majestie and authority of kings immediately ; and therefore god gave to kings this authoritie immediately , without the peoples conveiance ? yea , i take the prelates weapon from him . god doth not take the authority of the king from him immediately , but mediately by the people their hating and dispising him , when they see his wickednesse , as the people see nero a monster , a prodigeous blood-sucker ; upon this , all the people contemn him , and dispise him , and so the majesty is taken from nero , and all his mandates and laws , when they see him trample upon all laws divine and humane ; and that mediately by the peoples heart , dispising of his majestie , and so they repeat and take again that aw-some authoritie , that they once gave him : and this proveth , that god gave him the authoritie mediately , by the consent of man. . nor speaketh he of kings onely , but vers. . he powreth contempt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 super munificos . pineda . aria . mont. super principes . upon nobles and great men . and this place may prove , that no iudges of the earth are made by men . . the heathen say , that there is some divinity in princes , as in alexander the great , toward his enemies , and scipio : but this will prove , that princes and kings have a superiority over those who are not their native subjects ; for something of god is in them , in relation to all men , that are not their subjects . if this be a ground , strong and good , because god onely , and independently from men , taketh away this majestie ; as god onely , and independently giveth it , then a king is sacred to all men , subjects , or not subjects ; then it is unlawfull to make war against any forraign king and prince , for in invading him , or resisting him , you resist that divine majestie of god , that is in him ; then you may not lawfully flee from a tyrant , no more then you may lawfully flie from god. . scipio was not a king. ergo , this divine majestie is in all iudges of the earth , in a more or lesse measure . ergo , god onely and immediately , may take this spark of divine majestie from inferiour iudges : it followeth not . and kings certainly cannot infuse any sparkle of a divine majestie , on any inferiour iudges ; for god onely , immediately infuseth it in men . ergo , it is unlawfull for kings to take this divinitie from iudges , for they resist god , who resist parliaments , no lesse then those who resist kings . scipio hath divinity in him , as well as cesar , and that immediately from god , and not from any king. . moses was not a king when he went to pharaoh , for he had not as yet a people ; pharaoh was the king , and because pharaoh was a king , the divines of oxford must say , his majestie must not , in words of rebuke , be resisted , more then by deeds . . moses his face did shine as a prophet receiving the law from god , not as a king : and is this sunshine of heaven upon the face of nero , and julian ? it must be , if it be a beam of royall majestie , if this pratler say right , but cor. . . this was a majestie typicall , which did adumbrate the glory of the law of god , and is far from being a royaltie due to all heathen kings . . i would our king would evidence such a majestie in breaking the images and idols of his queen , and of papists about him . . the fear of noah , and the regenerated , who are in covenant with the beasts of the field , job . . is upon the beasts of the earth , not by any approbation only , as the people maketh kings , by the prelates way ; nor yet by free consent , as the people freely transfer their power to him , who is king. the creatures inferiour to man , have by no act of freewill , chosen man to be their ruler , and transferred their power to him , because they are by nature inferiour to man , and god by nature hath subjected the creatures to man , gen. . . and so this proveth not , that the king by nature is above the people , i mean the man who is king ; and therefore though god had planted in the hearts of all subjects , a fear and reverence toward the king ; upon supposall , that they have made him king : it followeth not , that this authoritie and majestie , is immediately given by god to the man who is king , without the interveening consent of the people ; for there is a native feare in the scholler to stand in awe of his teacher , and yet the scholler may willingly give himselfe to be a disciple to his teacher , and so give his teacher power over him . citizens naturally feare their supreame governour of the city , yet they give to the man who is their supream governour , that power and authority which is the ground of awe and reverence . a servant naturally feareth his master , yet often he giveth his liberty , and resigneth it up voluntarily to his master , and this was not unordinary amongst the iewes , where the servant did intirely love the master , and is most ordinary now when servants doe for hyre , tye themselves to such a master ; and souldiers naturally feare their commanders , yet they may , and often doe , by voluntary consent make such men their commanders ; and therefore from this it followeth no way , that the governour of a city , the teacher , the master , the commander in war have not their power and authority only and immediatly from god , but from their inferiours , who by their free consent appointed them for such places . p. prelate . this seemeth , or rather is an unanswerable argument , no man hath power of life and death , but the soveraign power of life and death ; to wit god , gen. . . god saith thrice he will require the blood of man at the hands of man , and this power god hath committed to gods deputy , who so sheddeth mans blood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by man shall die , by the king , for the world knew not any kind of goverment at this time , but monarchiall ; and this monarch was noah ; and if this power be from god , why not all soveraigne power ? seeing it is homogeneous , and as iurists say in indivisibili posita , a thing in its nature indivisible , and that cannot be distracted , or impaired , and if every man had the power of life and death , god should not be the god of order . the p. prelate taketh the paines to prove out of the text that a magistracy is established in the text . ans. . let us consider this unanswerable argument , . it is grounded upon a lye , and a conjecture never taught by any but himselfe ; to wit , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by , or in , or through man , must signifie a magistrate . . and a king onely . . this king was noah , never interpreter ; nay not common sence can say , that no magistrate is here understood but a king ; the consequence is vaine , his blood shall be shed by man , ergo by a magistrate , it followeth not , ergo by a king , it followeth not : there was not a king in the world yet as ; some make belus the father of ninus the first king , and the builder of babylon , this ninus is thought the first builder of the city , after called ninivie , and the first king of the assyrians , so saith (a) quintus curtius ▪ and others ; but grave authors beleeve that nimrod was no other then belus the father of ninus , so saith (b) augustin , (c) hierome , (d) eusebius , (e) hieronym . and (f) eusebius maketh him the first founder of babylon : so saith (g) clemens , (i) pirerius ; and iosephus saith the same . . their times , . their cruell natures are the same . (k) calvin saith , noah yet lived while nimrod lived : and the scripture saith , nimrod began to reigne , and be powerfull on the earth . and babel was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the beginning of his kingdome . no writer , moses nor any other can shew us a king before nimrod . so (l) eusebius , (m) paul. orosius , (n) hieronym . (o) iosephus say that he was the first king. and (p) tostatus abulens . and our own (q) (q) calvin , (r) (r) luther , (s) musculus on the place , and (t) ainsworth , make him the first king , and the founder of babylon . how noah was a king , or there was any monarchicall government in the world then , the prelate hath alone dreamed it : there was but familie-government before this . . and if there bee a magistracie heere established by god , there is no warrant to say it is onely a monarchie : for if the holy ghost intendeth a policie : it is a policie to be established to the worlds end , and not to bee limited ( as the p. prelate doth ) to noahs dayes : (h) all interpreters upon good ground establish the same policie that our saviour speaketh of , when he saith , he shall perish by the sword , who taketh the sword , matth. . . so the netherlands have no lawfull magistrate , who have power of life and death , because their government is aristocraticall , and they have no king. so all acts of taking away the lives of ill-doers , shall be acts of homicide in holland : how absurd ? . nor doe i see how the place in the native scope doth establish a magistracie . (s) calvin saith not so : & interpreters deduce by consequence the power of the magistrate from this place . but the text is generall : he who killeth man , shall be killed by man : either he shall fall into the magistrates hand , or into the hand of some murtherer : so calvin , (t) marlorat . and he speaketh ( saith ( w ) pirerius ) not of the fact and event it selfe , but of the deserving of murtherers ; and it 's certaine , all murtherers fall not into the magistrates hands ; but he saith , by gods and mans laws . ergo , they ought to dye , though sometime one murtherer killeth another . . the soveraign power is given to the king , ergo , it is given to him immediately without the consent of the people . it followeth not . . power of life and death is not given to the king only , but also to other magistrates , yea , and to a single private man in the just defence of his own life . other arguments are but what the prelate hath said already . quest . viii . whether the prelate proveth by force of reason , that the people cannot be capable of any power of government ? p. prelate . god and nature giveth no power in vain , and which may not be reduced into action ; but an active power , or a power of actuall governing , was never acted by the communitie ; therefore this power cannot be seated in the communitie as in the prime and proper subject ; and it cannot be in every individuall person of a communitie , because government intrinsecally and essentially includeth a specified distinction of governours , and some to be governed ; and to speak properly , there can no other power be conceived in the communitie naturally and properly , but only potestas passiva regiminis , a capacitie or susceptabilitie to be governed , by one or by moe , just as the first matter desireth a forme . this obligeth all , by the dictate of natures law , to submit to actuall government : and as it is in every individuall person , it is not meerly and properly voluntary , because howsoever nature dictates , that government is necessary for the safety of the society , yet every singular person , by corruption and selfe-love , hath a naturall aversenesse and repugnancie to submit to any ; every man would be a king himselfe : this universall desire , appetitus universalis aut naturalis , or universall propension to government , is like the act of the understanding assenting to the first undeniable principles of truth , and to the wills generall propension to happines in generall , which propension is not a free act , except our new statists , as they have changed their faith , so they overturne true reason , it will puzzle them infinitely to make any thing in its kinde passive , really active and collative of positive acts and effects . all know , no man can give what he hath not : an old philosopher would laugh at him who would say , that a matter perfected and actuated by union , with a forme , could at pleasure shake off its forme , and marrie it selfe to another : they may as well say , every wife hath power to resume her freedome , and marrie another , as that any such power active is in the communitie , or any power to cast off monarchie . ans. the p. prelate might have thanked spalato for this argument , but he doth not so much as cite him , for feare his theft be deprehended , but spalato hath it set downe with stronger nerves , then the prelates head was able to copie out of him . but (a) iac. de almain , and (b) navarrus , with the parision doctors said in the concell of paris , that politick power is immediatly from god , but first from the community ; but so , that the community apply their power to this o● that government , not of liberty , but by naturall necessity , but spal●to and the plagiarie prelate doe both looke beside the booke . the question is not now concerning the vis rectiva the power of governing in the people , but concerning the power of government , for these two di●fer much , the former is a power of ruling and monarchicall commanding of themselves , this power is not formally in the people , but only vertually ; and no reason can say , that a vertuall power is idle , because it cannot be actuated by that same subject that it is in , for then it should not be a vertuall , but a formall power . doe not philosophers say such a hearb vertually maketh hot , and can the sottish prelate say , this vertuall power is idle , (c) and in vaine given of god , because it doth not formally heate your hand when you touch it . (d) . the p. prelate who is excommunicated for popery , socinianisme , arminianisme , and is now turned apostate to christ , and his church must have changed his faith , not we , and be reasonlesly ignorant to presse that axiome , that the power is idle that cannot be reduced to acts ; for a generative power is given to living and sensitive creatures , this power is not idle though it be not reduced in act , by all and every individuall sensitive creature . a power of seeing is given to all who naturally doe , or ought to see , yet it is not an idle power , because divers are blind , seeing it is put forth in action in divers of the kind ; so this power in the community is not idle , because it is not put forth in acts in the people , in which it is vertually , and is put forth in action in some of them , whom they choose to be their governours ; nor is it reasonable to say that it should be put forth in action by all the people , as if all should be kings and governours . but the question is not of the power of governing in the people , but of the power of government , that is , of the power of making governours and kings , and the community doth put forth in act this power , as a free , voluntary , and active power , for . a community transplanted to india or any place of the world , not before inhabited have a perfect liberty to choose either a monarchy , or a democracy , or an aristocracy ; for though nature incline them to government in generall , yet are they not naturally determinated to any one of those three , more than another . . israel did of their free will choose the change of government , and would have a king , as the nations had , ergo they had free will , and so an active power so to doe , and not a a passive inclination only to be governed , such as spalato saith agreeth to the first matter , , royalists teach that a people under democracy , or aristocracy have liberty to choose a king , and the romanes did this , ergo they had an active power to do it , ergo the prelates simile crookes , the matter at its pleasur● cannot shake off its forme , nor the wife cast off her husband being once married ; but barclaius , grotius , arnisaeus , blackwood , and all the royalists teach that the people under any of these two formes of democracy or aristocracy , may resume their power , and cast off these formes and choose a monarch , and if monarchy be the best government as royalists say , they may chose the best , and is this but a passive capacity to be governed ? . of ten men fit for a kingdome they may designe one , and put the crowne on his head , and refuse the other nine , and israel crowned solomon and refused ad●niah . is this not a voluntary action , proceeding from a free active , elective power ? it will puzzle the pretended prelate to deny this , that which the community doth freely , they doe not from such a passive capacity , as is in the first matter , in regard of the forme . . it is true that people through corruption of nature are averse to submit to governours , for conscience sake , and as to the lord , because the naturall man remaining in the state of nature can doe nothing that is truely good , but it is false that men have no active morall power to submit to superiours , but only a passive capacity to be governed , he quite contradicteth himselfe , for he said before , c. . pag. . that there is an innate feare and reverence in the hearts of all men naturally , even in heathen toward their severaign ; yea as we have a naturall morall active power to love our parents and superiours ( though it be not evangelically , or legally in gods court , good ) and so to obey their commandements , only we are averse to penall lawes of superiours ; but this proveth no way , that we have only by nature , a passive capacity to government ; for heathens have by instinct of nature both made lawes morally good , submitted to them , set kings and iudges over them ; which clearely proveth that men have an active power of government by nature : . yea , what difference maketh the prelate betwixt men and beasts , for beasts have a capacity to be governed , even lyons and tigers ; but here is the matter , if men have any naturall power of government , the p. prelate would have it with his brethren iesuites and arminians to be not naturall , but done by the helpe of universall grace , for so doe they confound nature and grace . but it is certaine our power to submit to rulers and kings as to rectors , and guides and fathers , is naturall , to submit to tyrants in doing ills of sinne , is naturall , but in suffering ills of punishment it s not naturall . . no man can give that which he hath not , is true , but that people have no power to make their governours , is that which is in question , and denyed by us . . this argument doth prove that people hath no power to appoint aristocraticall rulers more then kings , and sothe aristocraticall and democraticall rulers are all inviolable and sacred , as the king. . by this the people may not resume their freedome if they turne tyrants and oppressors ; this the prelate shall deny , for he averreth , p. . out of augustine , that the people may without sin change a corrupt democracy into a monarchy . p. prelate . if soveraignty be originally inherent in the people , then democracy , or government by the people , were the best government , because it commeth nearest to the fountaine and streame of the first and radicall power in the people , yea and all other formes of government were unlawfull ; and if soveraignty be natively inherent in the multitude , it must be proper to every individuall of the community , which is against that false maxime of theirs , quisque nascitur liber , every one by nature is borne a free man , and the posterity of those who first contracted with their elected king , are not bound to that couenant , but upon their native rest and liberty , may appoint another king without breach of covenant . the posterity of ioshua , and the elders in their time , who contracted with the gibeonites to incorporate them , though in a serving condition , might have made their fathers government nothing . ans. the p. prelate might thanke spalato for this argument also , for it is stollen , but he never once nameth his name , lest his theift should be deprehended ; so are his other arguments stollen from spalato , but the prelate weakeneth them , and it is seene , stollen goods are not blessed . spalato saith then , by the law of nature every common-wealth should be governed by the people , and by the law of nature , the people should be under the badest ▪ government , but this consequence is nothing ; for community of many families is formally and of themselves under no government , but may choose any of the three , for popular government is not that wherein all the people are rulers , for this is confusion , no government , because all are rulers , and none are governed and ruled ; but in popular government many are chosen out of the people to rule , and that this is the worst government , is said gratis , without warrant , and if monarchy be the best of it selfe , yet when men are in the state of sin , in some other respects , it hath many inconveniences . . i see not how democracie is best , because neerest to the multitudes power of making a king ; for if all the three depend upon the free will of the people , all are alike a far off , and alike neer hand , to the peoples free choice , according as they see most conducible for the safety and protection of the common-wealth : and seeing the forms of government are no more naturall , then politick incorporations of cities , yea , then of shires : but from a positive institution of god who erecteth this form , rather then this , not immediately now , but mediately by the free will of men ; not one cometh formally , and ex naturâ rei , neerer to the fountain then another , except that materially democracie may come neerer to the peoples power , then monarchie , but the excellencie of it above monarchie , is not hence concluded ; for by this reason , the number of four should be more excellent then the number of five , of ten , of an hundreth , of a thousand , or of millions , because four cometh neer to the number of three , which aristotle calleth the first persit number , cui additur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of which yet formally all doe alike share in the nature and essence of number . . it is denied , that it followeth from this antecedent , the people have power to chose their own governours . ergo , all governments , except democracie , or government by the people , must be sinfull and unlawfull . . because government by kings is of divine institution , and of other iudges also , as is evident by gods word , rom. . , , . deut. . . prov. . , . pet. . , . psal. . , , &c. . power of chosing any form of government , is in the people : ergo , there is no government lawfull , but popular government ; it followeth no wayes , but presupposeth that power to chose any form of government , must be formally actuall government , which is most false , yea , they be contrary , as the prevalency or power , and the act are contrary , so these two are contrary , or opposite ; neither is soveraigntie , nor any government formally inherent in either the communitie , by nature , nor in any one particular man , by nature ; and that every man is born free , so as no man , rather then his brother , is born a king and ruler , i hope , god willing to make good , so as the prelate shall never answer on the contrary . . it followeth not , that the posteritie living , when their fathers made a covenant with their first elected king , may without any breach of covenant on the kings part , make voyd and null their fathers election of a king , and chose another king , because the lawfull covenant of the fathers in point of government , if it be not broken , tieth the children ; but it cannot deprive them of their lawfull libertie naturally inherent in them to chose the fittest man to be king : but of this hereafter more fully . . spalato addeth , ( the prelate is not a faithfull theef ) if the communitie by the law of nature , have power of all forms of government , and so should be , by nature , under popular government , and yet should refuse a monarchy , and an aristocracie ; yet augustine addeth , if the people should preferre their own private gain to the publike good , and sell the common-wealth , then some good man might take their libertie from them , and against their will erect a monarchie , or an aristocracie : but . the prelate and augustine , supposeth the people to be under popular government ; this is not our case , for spalato and the prelate presupposeth by our grounds , that the people by nature , must be under popular government ; augustine dreameth no such thing , and we deny that by nature , they are under any form of government . . augustine in a case most considerable , thinketh one good , and potent man , may take the corrupt peoples power of giving honours , and making rulers from them , and give it to some good men , few , or many , or to one ; then augustine layeth done as a ground , that which spalato and the prelate denieth , that the people hath power to appoint their own rulers ; otherwayes , how could one good man take that power from them ? and the prelates fifth argument , is but a branch of the fourth argument , and is answered already . p. prelate , chap. . he would prove , that kings of the peoples making , are not blessed of god. the first creature of the peoples making , was abimelech , iudg. . . who reigned onely three yeers , well neer anti-christs time of endurance ; he came to it by blood ▪ and an evil spirit rose betwixt him , and the men of sechem , and he made a miserable end . the ne●● was ieroboam , who had this motto ; he made israel to sin , the people made him king , and he made the same pretence of a glorious reformation , that our reformers now make , new calves , new altars , new feasts are erected ; they banish the levites , and take in the scum and drosse of the vulgar , &c. . every action of christ , is our instruction ; christ was truely a born king , notwithstanding , when the people would make him a king , he disclaimed it , he would not be an arbiter betwixt two brethren differing . answ. i am not to follow the prelates order every way , though god willing , i shall reach him in the fore-going chapters . nor purpose i to answer his treasonable railing against his own nation , and the iudges of the land , whom god hath set over this seditious excommunicated apostate . he layeth to us frequently the iesuites tenets , when as he is known himself to be a papist : in this argument he saith , abimelech did reigne onely three yeers , well neer anti-christs reign : is not this the basis , and the mother principle of popery , that the pope is not the antichrist ? for the pope hath continued many ages . . he is not an individuall man , but a race of men , but the antichrist , saith belarmine , stapleton , becanus , and the nation of iesuites , and poplings , shall be one inviduall man , a born iew , and shall reign onely three yeers and a half . but . the argument from successe , proveth nothing , except the prelate prove their bad successe to be from this , because they were chosen of the people . when as saul chosen of god , and most of the kings of israel and judah , who undeniably , had gods calling to the crown , were not blessed of god , and their government was a ruine to 〈◊〉 people and religion , as the people were removed to all the kingdoms of the earth , for the sins of manasseh , iere. . . was therefore manasseh not lawfully called to the crown ? . for his instance of kings unlawfully called to the crown , he bringeth us , whole two , and telleth us , that he doubteth as many learned men do , whether ieroboam was a king by permission onely , or by a commission from god. . abimelech was cursed , because he wanted gods calling to the throne , for then israel had no king , but iudges extraordinarily raised up by god , and god did not raise him at all , only he came to the throne by blood , and carnall reasons moving the men of sechem to advance him : the argument presupposeth , that the whole lawfull calling of a king , is the voices of the people ; this we never taught , though the prelate make conquest a just title to a crown , and it is but a title of blood and rapine . . abimelech was not the first king , but onely a iudge ; all our divines with the word of god maketh saul the first king. . for ieroboam he had gods word and promise to be king , king. . , , , . but in my weak judgement he waited not gods time , and way of coming to the crown ; but that his coming to the throne was unlawfull , because he came by the peoples election , is in question . . that the peoples reformation , and their making a new king , was like the kingdom of scotlands reformation , and the parliament of englands way now , is a traiterous calumny . for . it condemneth the king , who hath in parliament declared all their proceedings to be legall . rehoboam never declared ieroboams coronation to be lawfull , but contrary to gods word made war against israel . . it is false that israel pretended religion in that change , the cause was the rough answer given to the supplication of the estates , complaining of their oppression , they were under in solomons reign . . religion is still subjected to policie by prelates and caveliers , not by us in scotland , who sought nothing but reformation of religion , of laws , so far as they serve religion , as our supplications , declarations , and the event proveth . . we have no new calves , new altars , new feasts , but professe , and really do hazard life and estate , to put away the prelates calves , images , tree-worship , altar-worship , saints feast-dayes , idolatry , masses ; and nothing is said here but jesuites , and cananites , and baalites , might say , ( though falsly ) against the reformation of iosiah : trueth and purity of worship this yeer , is new in relation to idolatry the last yeer , but it is simpliciter older . . we have not put away the lords priests , and levites , and taken in the scum of the vulgar , but have put away baals priests , such as excommunicated prelate maxwel , and other apostates , and resumed the faithfull servants of god , who were deprived and banished , for standing to the protestant faith sworn too , by the prelates themselves . . every action of christ , such as his walking on the sea , is not our instruction in that sense , that christs refusing a kingdom , is directly our instruction : and did christ refuse to be a king , because the people would have made him a king ? that is , non causa pro causa ; he refused it , because his kingdom was not in this world , and he came to suffer for men , not to reign over man. . the prelate and others who were lords of session , and would be iudges of mens inheritances , and would usurpe the sword by being lords of counsell , and parliament , have refused to be instructed by every action of christ , who would not judge betwixt brother and brother . p. prelate . jephtah came to be a iudge by covenant , betwixt him and the gileadites ; here you have an interposed act of man , yet the lord himself in authorizing him as iudge , vindicateth it no lesse to himself , then when extraordinarily he authorized gideon and samuel , sam. . . ergo , whatsoever act of man interveeneth , it contributeth nothing to royall authority , it cannot weaken or repeal it . answ. it was as extraordinary that jepthah a bastard , and the sonne of an harlot , should be iudge , as that gideon should be iudge . god vindicateth to himselfe , that he giveth his people favour in the eyes of their enemies ; but doth it follow , that the enemies are not agents , and to be commended for their humanitie in favouring the people of god ? so psal. . , . god maketh corne to grow ; therefore clouds , and earth , and sun , and summer , and husbandry contributeth nothing to the growing of corne . but this is but that which he said before . we grant that this is an eminent and singular act of gods speciall providence , that he moveth and boweth the wills of a great multitude to promote such a man who by nature commeth no more out of the wombe a crowned king , then the poorest shepherd in the land : and it is an act of grace to endue him with heroick and royall parts for the government . but what is all this ? doth it exclude the peoples consent ? in no wayes . so the works of supernaturall grace , as to love christ above all things , to beleeve in christ in a singular manner , are ascribed to the rich grace of god : but can the prelate say , that the understanding and will in these acts are meere patients , and contribute no more then the people contributeth to royall authority in the king , and that is just nothing , by the prelates way ? and we utterly deny , that as water in baptisme hath no action at all in the working of remission of sinnes , so the people hath no influence in making a king , for the people are worthier , more excellent then the king , and they have an active power of ruling and directing themselves toward the intrinsecall end of humane policie , which is the externall safety and peace of a societie , in so far as there are morall principles of the second table for this effect written in their heart , and therefore that royall authoritie , which by gods speciall providence , is united in one king , and as it were over-gilded and lustered with princely grace and royall endowments , is diffused in the people , for the people hath an after-approbative consent in making a king , as royalists confesse , water hath no such action in producing grace . quest . ix . whether or no soveraigntie is so from the people , that it remaineth in them in some part , so as they may in case of necessitie resume it ? the prelate will have it babylonish confusion , that we are divided in opinion . jesuites ( saith he ) place all soveraigntie in the communitie . of the sectaries ; some warrant any one subject to make away his king , and that such a worke is no lesse to be rewarded then when one killeth a wolfe : some say , this power is in the whole communitie : some will have it in the collective body , not conveened by warrant or writ of soveraignty , but when necessitie ( which is often fancied ) of reforming state and church , calleth them together . some in the nobles and peeres , some in the three estates assembled by the kings writ , some in the inferour iudges . i answer : if the prelate were not a iesuite himselfe , he would not bid his brethren take the mote out of their eye : but there is nothing here said but which barclaius said better before this plagarius . to which i answer , we teach that any private man may kill a a tyrant voyd of all title : and a great royalist barclaius saith so also . and if he have not the consent of the people , he is an usurper , for we know no externall lawfull calling that kings have now , or their familie to the crown , but only the call of the people ; all other calls to us are now invisible and unknown , and god would not command us to obey kings , and leave us in the darke , that we shall not know who is the king : the prelate placeth his lawfull calling to the crown in such an immediate , invisible , and subtile act of omnipotencie , as that whereby god conferreth remission of sinnes by sprinkling with water in baptisme , and that whereby god directed samuel to annoint saul and david , not eliab , nor any other brother . it is the devill in the p. p. not any of us , who teach that any private man may kill a lawfull king , though tyrannous in his government . for the subject of royall power , we affirme , the first , and ultimate , and native subject of all power is the communitie , as reasonable men naturally inclining to a societie : but the ethicall and politicall subject , or the legall and positive receptacle of this power is various , according to the various constitutions of the policie . in scotland and england , it is the three estates of parliament , in other nations some other iudges or peeres of the land. the prelate had no more common sense for him to object a confusion of opinions to us , for this , then to all the common-wealths on earth , because all have not parliaments , as scotland hath ; all have not constables , and officials , and churchmen , barons , lords of councell , parliaments , &c. as england had . but the truth is , the communitie orderly conveened , as it includeth all the estates civill , have hand , and are to act in choosing their rulers : i see not what priviledge nobles have above commons in a court of parliament , by gods law ; but as they are iudges , all are equally iudges , and all make up one congregation of gods. but the question now is , if all power of governing ( the prelate , to make all the people kings , saith , if all soveraignty ) be so in the people , that they retaine power to guard themselves against tyranny ? and , if they reteine some of it , habitu , in habit , and in their power ? i am not now unseasonably , according to the prelates order , to dispute of the power of lawfull defence against tyranny ; but i lay down this maxime of divinitie ; tyranny being a worke of sathan , is not from god , because sinne either habituall or actuall , is not from god ; the power that is , must be from god ; the magistrate as magistrate , is good , in nature of office , and the intrinsecall end of his office , rom. . . for he is the minister of god for thy good ; and therefore a power ethicall , politick , or morall , to oppresse , is not from god , and is not a power , but a licentious deviation of a power , and is no more from god , but from sinfull nature , and the old serpent , then a license to sinne : god in christ giveth pardons of sinne ; but the pope , not god , giveth dispensations to sinne . . to this adde , if for nature to defend it selfe be lawfull , no communitie , without sin , hath power to alienate and give away this power : for as no power given to man to murther his brother , is of god , so no power to suffer his brother to be murthered , is of god ; and no power to suffer himselfe ( à fortiori ) far lesse can be from god. here i speake not of physicall power , for if free will be the creature of god , a physicall power to acts which in relation to gods law are sinfull , must be from god. but i now follow the p. prelate . some of the adversaries , as buchanan , say that the parliament hath no power to make a law , but only a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without the approbation of the communitie . others , as the the observator , say , that the right of the gentry and communalty is intirely in the knights and burgesses of the house of commons , and will have their orders irrevocable . if then the common people cannot resume their power , and oppose the parliament , how can tables and parliaments resume their power , and resist the king ? answ. the ignorant man should have thanked barclaius for this argument , and yet barclaius need not thanke him , for it hath not the nerves that barclaius gave it . but i answer , . if the parliament should have been corrupted by fair hopes ( as in our age we have seene the like ) the people did well to resist the prelates obtruding the masse booke , when the lords of the counsell pressed it against all law of god and man , upon the kingdome of scotland , and therefore it is denyed that the acts of parliament are irrevocable , the observator said they were irrevocable by the king , he being but one man , the p. prelate wrongeth him , for he said onely , they have the power of a law , and the king is obliged to consent , by his royall office to all good lawes , and neither king nor people may oppose them . buchanan said acts of parliament are not lawes obliging the people till they be promulgated , and the peoples silence when they are promulgated is their approbation , and maketh them obligatory lawes to them ; but if the people speak against unjust lawes , they are not lawes at all , and buchannan knew the power of the scottish parliament , better then this ignorant statist . . there is not like reason to grant so much to the king , as to parliaments , because certainly parliaments who make kings under god , or above any one man , and they must have more authority and wisedome then any one king , except solomon ( as base flatterers say ) should returne to the thrones of the earth . and as the power to make just lawes is all in the parliament , only the people have power to resist tyrannicall lawes , the power of all the parliament was never given to the king , by god , the parliament are as essentially iudges as the king , and therefore the kings deed may well be revoked , because he acteth nothing as king ; but united with his great or lesser councell , no more then the eye can see , being separated from the body . the peeres and members of parliament have more then the king , because they have both their owne power , being parts and speciall members of the people , and also they have their high places in parliament , either from the peoples expresse , or tacite consent . . we allow no arbitrary power to the parliament , because their just lawes are irrevocable , for the irrevocable power of making just lawes doth argue a legall , not an irreovocable arbitrary power ; nor is there any arbitrary power in the people , or in any mortall man , but of the covenant betwixt king and people hereafter . p. prelate , if soveraigne power be habitually in the community so , as they may resume it at their pleasure , then nothing is given to the king but an empty title , for at the same instant he receiveth empire and soveraignty , and layeth downe the power to rule or determine in matters which concerne either private or publick good , and so he is both a king and a subject . ans. this naked consequence the prelate sayeth , and proveth not , and we deny it , and give this reason , the king receiveth royall power with the states to make good lawes , and . power by his royalty to execute those lawes , and this power the community hath devolved in the hands of the king , and states of parliament , but the community keepeth to themselves a power to resist tyranny , and to coerce it , and ●atenus in so far is saul subject , that david is not to compeare before him , nor to lay downe goliahes sword , nor disband his army of defence , though the king should command him so to doe . p. prelate . by all polititians , kings , and enferiour magistrates are differenced by their different specifice entity , but by this they are not differenced ; nay a magistrate is in a better condition then a king , for the magistrate is to judge by a knowne statute and law , and cannot be censured and punished but by law. but the king is censurable , yea disabled by the multitude , yea the basest of subjects may cite , and convent the king , before the underived majesty of the community , and he may be judged by the arbitrary law th●t is in the closet of their heart , not only for reall misdemeanour , but for fancied jealousies — it will be said , good kings are in no danger — the contrary appeareth this day , and ordinarily the best are in greatest danger ; no government except plato'es republick wanteth incommodities , subtile spirits may make them , apprehend them . the poore people bewitched , follow absolom in his treason , they strike not at royalty at first , but labour to make the prince , naked of the good counsell of great statesmen , &c. ans. whether the king and the under magistrate differ essentially , we shall see . the p. prelate saith all polititians grant it , but he saith untruth ; he bringeth moses , and the iudges , their power to prove the power of kings ; and so either the iudges of israel and the kings differ not essentially , or then the prelate must correct the spirit of god tearming one booke of scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kings , and another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iudges , and make the booke of kings the booke of iudges . . the magistrates condition is not better then the kings , because the magistrate is to judge by an knowne statute and law , and the king not so . god moulded the first king , deut. . . when he sitteth judging on his throne , to looke to a written coppy of the law of god , as his rule . now a power to follow gods law is better then a power to follow mans sinfull will : so the prelate putteth the king in a worse condition then the magistrate , not we , who will have the king to judge according to just statutes and lawes . . whether the king be censurable and deposable by the multitude , he cannot determine out of our writings . . the communities law is the law of nature , not their arbitrary lust . . the prelates treasonable raylings , i cannot follow ; he first saith , that we agree not ten of us to a positive faith , and that our faith is negative , but his faith is privative , popish , socinian , arminian , pelagian and worse , for he was once of that same faith that we are of . . our confession of faith is positive , as the confession of all the reformed churches , but i judge he thinketh the protestant faith of all the reformed churches but negative . . the incommodities of government before our reformation were not fancied , but printed by authority , all the body of popery was printed , and avowed as the doctrine of the church of scotland and england , as the learned author , and my much respected brother evidenceth in his ludensium , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the canterburian selfe conviction . . the parliament of england was never yet found guilty of treason . . the good counsellers of great states-men , that parliaments of both kingdomes would take from the kings majesty , are a faction of perjured papists , prelates , iesuites , irish cut-throates , strafords , and apostate subverters of all lawes divine , humane , of god , of church , of state. p. prelate . in whom so ever this power of government be , it is the onely remedy to supply all defects , and to set right what ever is disjoynted in church and state , and the subject of this super-intending power must be free from all errour in iudgement and practice , and so we have a pope in temporalibus ; and if the parliament erre , the people must take order with them , else god hath left church and state remedilesse . ans. this is stollen from barclaius also ; . but the same barclaius saith , si rex regnum suum alienae ditioni manciparit , regno cadit . if the king shall sell his kingdome , or inslave it to a forraigne power , he falleth from all right to his kingdome : but who shall execute any such law against him , not the people , not the peeres , not the parliament ; for this mancipium ventris & aulae , this slave saith , p. . i know no power in any to punish or curbe soveraignty , but in almighty god. . we see no super-intending power on earth in king or people infallible , nor is the last power of taking order with a prince who inslaveth his kingdome to a forraigne power placed by us in the people , because they cannot erre ; court flatterers , who teach that the will of the prince is the measure of all right and wrong , of law and no law ; and above all law must hold that the king is a temporall pope , both in ecclesiasticall and civill matters ; but because they cannot so readily destroy themselves , ( the law of nature having given to them a contrary internall principle of selfe preservation ) as a tyrant who doth care for himselfe , and not for the people . . and because extremis morbis extrema remedia in an extraordinary exigent , when achab and iezabell did undoe the church of god , and tyrannize over both the bodies and consciences of priest , prophet , and people , elias procured the convention of the states , and elias with the peoples helpe killed all baals priests , the king looking on , and no question , against his heart . in this case i thinke it s more then evident that the people resumed their power . . we teach not that people should supply all defects in government , nor that they should use their power when any thing is done amisse by the king , no more then the king is to cut off the whole people of god , when they refuse an idolatrous service obtruded upon them against all law ; the people is to suffer much before they resume their power , but this court slave will have the people to doe what he did not himselfe , for when king and parliament summoned him , was he not obliged to appeare ? non-compearance when lawfull , royall , and parliamentory power summoneth , is no lesse resistance , then taking of forts and castles . p. prelate . then this super-intending power in people , may call a king to accompt , and punish him for any misdemeanour , or act of injustice . why might not the people of israels peeres , or sanedrin have convented david before them , judged and punished him for his adultery with bathsheba , and his murther of uriah ▪ but it is holden by all , that tyranny should be an intended universall , totall , manifest destruction of the whole common-wealth , which cannot fall in the thoughts of any but a mad man. what is recorded in the story of nero his wish in this kind , may be rather judged the expression of transported passion , then a fixed resolution . ans. the p. prelate contrary to the scope of his booke , which is all for the subject and seat of soveraigne power , against all order hath plunged himselfe in the deep of defensive armes , and yet hath no new thing . . our law of scotland will warrant any subject , if the king take from him his heritage , or invade his possession against law , to resist the invaders , and to summon the kings intrudors before the lords of session for that act of injustice : is this against gods word , or conscience ? . the sanedrim did not punish david ; ergo , it is not lawfull to challenge a king for any one act of injustice : from the practice of the sanedrim , to conclude a thing lawfull or unlawfull , is logick ; we may resist . . by the p. prelates doctrine , the law might not put bathshebah to death , nor yet joab the neerest agent of the murthering of innocent vriah , because bathshebaes adulterie was the kings adulterie , she did it in obedience to king david : ioabs murther was royall murther , as the murther of all the cavaliers ; for he had the kings hand-writing for it . murther is murther , and the murtherer is to dye , though the king by a secret let alone , a private and illegall warrant command it . ergo , the sanedrim might have taken bathshebaes life , and joabs head also : and consequently the parliament of england , if they be judges ( as i conceive god and the law of that ancient and renowned kingdome maketh them ) may take the head of many joabs and jermines , for murther ; for the command of a king cannot legitimate murther . . david himselfe , as king , speaketh more for us then for the prelate , sam. . . and davids anger was greatly kindled against the man , ( the man was himselfe , v. . thou art the man ) and he said to nathan , as the lord liveth , the man that hath done this , shall surely dye . . every act of injustice doth not un-king a prince before god , as every act of uncleannesse doth not make a wife no wife before god. . the prelate excuseth nero , and would not have him resisted , if all rome were one neck , that he might cut it off with one stroke ( i read it of caligula ; if the prelate see more in historie then i doe , i yield . ) . he saith , the thoughts of totall eversion of a kingdome , must only fall on a mad man. the king of britaine was not mad , when he declared the scots traytors , because they resisted the service of the masse ; and raised an army of prelaticall cut-throats to destroy them , if all the kingdome should resist idolatry , ( as all are obliged . ) the king sleeped upon this prelaticall resolution many moneths : passions in fervor have not a dayes raigne upon a man. and this was not so cleare as the sun , but it was as cleare as written printed proclamations , and the pressing of souldiers , and the visible marching of cut-throats , and the blocking of scotland up by sea and land could be visible to men having five senses . covaruv . a great lawyer , saith , (a) . that all civill power is penes remp . in the hands of the common-wealth . . because nature hath given to man to be a sociall creature , and impossible he can preserve himselfe in a societie , except he being in communitie , transforme his power to an head . . he saith ; hujus vero civilis societatis & resp . rector ab alio quam ab ipsamet repub . constitui non potest justè & absque tyrannide . siquidem ab ipso deo constitutus non est , nec electus cuilibet civili societati immediatè rex aut princeps . arist. polit . . c. . saith , it is better that kings got by election then by birth ; because kingdomes by succession are verè regia , truly kingly : these by birth are more tyrannicall , masterly , and proper to barbarous nations . and covarruvias , tom . . pract . quest . de jurisd . castellan . reip. c. . n. . saith , hereditary kings are also made hereditary by the tacit consent of the people , and so by law and consuetude . spalato . let us grant ( saith he ) that a societie shall refuse to have a governour over them , shall they be for that free ? in no sort : but there be many wayes by which a people may be compelled to admit a governour ; for then no man might rule over a communitie against their will. but nature hath otherwise disposed , ut quod singuli nollent , universi vellent , that which every one will not have , a communitie naturally desireth . and the p. prelate saith , god is no lesse the author of order , then he is the author of being ; for the lord who createth all , conserveth all ; and without government all humane societies should be dissolved and goe to ruine : then government must be naturall , and not depend upon a voluntary & arbitrary constitution of men . in nature , the liveles creatures inferior give a tacit consent & silent obedience to their superiour , and the superiour have a powerfull influence on the inferiour . in the subordination of creatures , we ascend from one superior to another , till at last we come to one supreme , which by the way pleadeth for the excellencie of monarchie . amongst angels there is an order : how can it then be supposed that god hath left it to the simple consent of man to establish a heraldrie of sub & supra , of one above another , which neither nature nor the gospel doth warrant ? to leave it thus arbitrary ▪ that upon this supposed principle , mankind may be without government at all , is vain ; which paradox cannot be maintained . in nature god hath established a superiority inherent in superior creatures , which is no ways derived from the inferior by communication , in what proportion it will , and resumeable upon such exigents as the inferior listeth : therefore neither hath god left to the multitude , the communitie , the collective , the representative or virtuall body , to derive from it selfe , and communicate soveraigntie , whether in one or few , or more , in that measure and proportion pleaseth them , which they resume at pleasure . answ. . to answer spalato : no societie hath liberty to be without all government , for god hath given to every societie ( saith (a) covarruvias ) a faculty of preserving themselves , and warding off violence and injuries ; and this they could not doe , except they gave their power to one or many rulers . but all that the prelate buildeth on this false supposition , which is his fiction and calumnie , not our doctrine , to wit , that it is voluntary to man to be without all government , because it is voluntarie to them to give away their power to one or moe rulers , is a meere non-consequence . . we teach that government is naturall , not voluntary ; but the way and manner of government is voluntarie : all societies should be quickly ruined , if there were no government : but it followeth not therefore , god hath made some kings , and that immediately , without the interveening consent of the people , and ergo , it is not arbitrary to the people to choose one supreme ruler , and to erect a monarchie , or to choose moe rulers , and to erect an aristocracie . it followeth no way . it is naturall to men to expresse their minde by humane voyces ; is not speaking of this or that language , greeke rather then latine , ( as aristotle saith ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by humane institution ? it is naturall for men to eat ; ergo , election of this or that meat is not in their choise . what reason is in this consequence ? and so it s a poore consequence also ; power of soveraigntie is in the people naturally ; ergo it is not in their power to give it out in that measure that pleaseth them , and to resume it at pleasure . it followeth no way . because the inherencie of soveraigntie is naturall , and not arbitary , ergo , the alienation and giving out of the power to one , not to three , thus much , not thus much , conditionally , not absolutely and irrevocably , must be also arbitrary . it is as if you should say , a father having six children , naturally loveth them all , ergo , he hath not freedome of will in expressing his affection to give so much of his goods to this sonne , and that conditionally , if he use these goods well ; and not more or lesse of his goods , at his pleasure . . there is a naturall subordination in nature , in creatures superior and inferior , without any freedome of election : the earth made not the heavens more excellent then the earth , and the earth by no freedome of will made the heavens superior in excellencie to it selfe . man gave no superioritie of excellencie to angels above himselfe : the creator of all beings did both immediately without freedome of election in the creature , create the being of all creatures , and their essentiall degrees of superiority and inferiority , but god created not saul by nature king over israel ; nor is david by the act of creation , by which he is made a man , created also a king over israel ; for then david should from the wombe and by nature be a king , and not by gods free gift . here both the free gift of god , and the free consent of the people interveene : indeed god made the office and royaltie of a king above the dignitie of the people ; but god by the interveening consent of the people maketh david a king , not eliah ; and the people maketh a covenant at davids inauguration , that david shall have so much power , to wit , power to be a father , not power to be a tyrant ; power to fight for the people , but no power to waste and destroy them . the inferior creatures in nature give no power to the superiour , and therefore they cannot give in such a proportion power . the deniall of the positive degree , is a deniall of the comparative and superlative , and so they cannot resume any power : but the designing of such a man , or such men to be kings or rulers , is a rationall voluntary action , not an action of nature , such as is gods act of creating an angell a nobler creature then a man , and the creating of man a more excellent creature then a beast : and for this cause the argument is vaine and foolish : for inferior creatures are inferior to the more noble and superior by nature , not by voluntary designation , or , as royalists say , by naked approbation , which yet must be an arbitrary and voluntary action . . the p. prelate commendeth order , while we come to the most supreme : hence he commendeth monarchie above all governments , because it is gods government . i am not against it , that monarchie well tempered is the best government , though the question to me is most problematick ; but because god is a monarch , who cannot erre or deny himselfe , therefore that sinfull man be a monarch , is miserable logick : and he must argue solidly forsooth by this , because there is order ( as he saith ) amongst angels , will he make a monarch and a king-angell ? his argument , if it have any weight in it , driveth at that , even that there be crowned kings amongst the angels . quest . x. whether or not royall birth be equivalent to divine unction ? symmons holdeth , that birth is as good a title to the crowne , as any given of god. how this question can be cleered , i see not , except we dispute tha● , whether or not kingdomes be proper patrimonies derived from the father to the sonne ? . i take , there is a large difference betwixt a thing transmittable by birth from the father to the sonne , and a thing not transmittable . . i conceive , as a person is chosen to be a king over a people , so a familie or house may be chosen , and a kingdome at first choosing a person to be their king , may also tye themselves to choose the first borne of his body : but as they transferre their power to the father , . for their owne safetie and peace , ( not if he use the power they give him , to their destruction ) the same way they tye themselves to his first borne , as to their king. . as they chose the father not as a man , but a man gifted with royall grace , and a princely facultie for government ; so they can but tye themselves to his first borne , as to one graced with a facultie of governing : and if his first borne shall be borne an idiot and a foole , they are not obliged to make him king ; for the obligation to the sonne can be no greater then the obligation to the father , which first obligation is the ground , measure and cause of all posterior obligations . if tutors be appointed to governe such an one , the tutors have the royall power , not the idiot ; nor can he governe others , who cannot governe himselfe . that kings goe not as heritage from the father to the sonne , i prove ; . god , deut. . could not command them to choose such a one for the king , and such a one who sitting on his throne shall follow the direction of god speaking in his word , if birth were that which gave him gods title and right to the crowne ; for that were as much as such a man should be heire to his fathers inheritance , and the sonne not heire to his fathers crown , except he were such a man : but god in all the law morall or judiciall , never required that the heire should be thus and thus qualified , else he should not be heire : but he requireth that a man , and so that a familie should be thus and thus qualified , else they should not be kings : and i confirme it thus : the first king of divine institution must be the rule , paterne and measure of all the rest of the kings , as christ maketh the first mariage , mat. . . a paterne to all others , and paul reduceth the right administration of the supper to christs first institution , cor. . . now the first king , deut. . , . is not a man qualified by naked birth , for then the lord in describing the manner of the king and his due qualifications , should seeke no other but this ; you shall choose onely the first borne , or the lawfull sonne of the former king. but seeing the king of gods first moulding is a king by election , and what god did after by promises and free grace give to david and his seed , even a throne till the mesiah should come , and did promise to some kings , if they would walke in his commandements ; that their sonnes , and sonnes sonne should sit upon the throne , in my judgement is not an obliging law , that sole birth should be as just a title , in foro dei , ( for i now dispute the question in point of conscience ) as royall unction . . if by divine institution god have impawned in the peoples hand a subordinate power to the most high , who giveth kingdomes to whom he will , to make and create kings , then is not sole birth a just title to the crowne . but the former is true ; both by precept , deut. . . and god expresly saith , thou shalt choose him king , whom the lord shall choose . and if it had not been the peoples power to create their own kings , how doth god after he had designed saul their king , yet expresly sam. . inspire samuel . to call the people before the lord at mizpeh , to make saul king ? and how doth the lord v. . expresly shew to samuel , and the people , the man that they might make him king ? and because all consented not that saul should be king , god will have his coronation renewed , v. . then said samuel to the people , come , and let us goe to gilgall , and renew the kingdome there . . and all the people went to gilgall , and there they made saul king before the lord in gilgall . and how is it that david anoynted by god is yet no king , but a private subject , while all israel make him king at hebron ? . if royall birth be equivolent to royall unction , and the best title , and if birth speake and declare to us the lords appointment and will , that the first born of a king should be king , as m. symmons and others say ; then is all title by conquest , where the former king standeth , in title to the crowne , and hath an heire , unlawfull . but the latter is against all the nation of the royalists , for arnisaeus , barclay , grotius , io. roffensis episco . the bishop of spalato , dr. ferne , m. symmons , the excommunicate prelat , if his poore learning may bring him in the roll , teach that conquest is a lawfull title to a crowne . i prove the proposition , . because if birth speake gods revealed will , that the heire of a king is the lawfull king , then conquest cannot speake the contradicent will of god , that he is no lawfull king , but the conquerour is the lawfull king. gods revealed will should be contradictory to himselfe , and birth should speake it is gods will , that the heire of the former king be king , and the conquest being also gods revealed will , should also speake that that heire should not be king. . if birth speake and reveale gods will that the heire be king , it is unlawfull for a conquered people to give their consent that a conquerour be their king. for their consent being contrary to gods revealed will , ( which is , that birth is the just title ) must be an unlawfull consent . if royalists say , god the king of kings who immediately maketh kings , may , and doth transferre kingdomes to whom he will , and when he putteth the sword in nebuchadnezers hand , to conquer the king and kingdome of iudah , then zedikiah or his sonne is not king of iudah , but nebuchadnezer is king , and god being above his law , speaketh in that case his will by conquests , as before he spake his will by birth ; this is all can be said . ans. they answer black treason in saying so , for if ieremiah from the lord had not commanded expresly , that both the king and kingdome of judah should submit to the king of babylon , and serve him , and pray for him , as their lawfull king , it had been as lawfull to them to rebell against that tyrant , as it was for them to fight against the philistimes , and the king of ammon ; but if birth be the just and lawfull title , in foro dei , in gods court , and the only thing that evidenceth gods will without any election of the people , that the first borne of such a king is their lawfull king , then conquests cannot now speake a contrardictory will of god ; for the question is not whether or not , god giveth power to tyrants to conquer kingdomes from the just heires of kings , which did raigne lawfully before their sword made an empty throne ; but whether conquest now , when jeremiahs are not sent immediatly from god to command ? for example ; britaine to submit to a violent intruder , who hath expelled the lawfull heires of the royall line of the king of britaine , whether i say doth conquest in such a violent way , speake that it is gods revealed will , called voluntas signi , the will that is to rule us , in all our morall duties to cast off the just heires of the blood royall , and to sweare homage to a conquerour , and so as that conquerour now hath as just right , as the king of britaine had by birth . this cannot be taken off by the wit of any , who . maintaine that conquest is a lawfull title to a crowne , and . that royall birth without the peoples election speaketh gods regulating will in his word , that the first borne of a king is a lawfull king by birth ; for god now a daies doth not say the contrary of what he revealed in his word . if birth be gods regulating will , that the heire of the king is in gods court a king , no act of the conquerour can anull that word of god to us , and the people may not lawfully , though they were ten times subdued , sweare homage and allegiance to a conquerour , against the due right of birth , which by royalists doctrine revealeth to us the plaine contradictory will of god. it is , i grant , often gods decree revealed by the event , that a conquerour be on the throne , but this will is not our rule , and the people are to sweare no oath of allegiance contrary to gods voluntas signi , which is his revealed will in his word regulating us . . things transferrible and communicable by birth from father to sonne , are onely , in law , those which heathen call bona fortunae , riches , as lands , houses , monies and heritages ; and so saith the law also . these things which essentially include gifts of the mind , and honour property so called , i meane honour founded on vertue , as aristotle with good reason maketh honour praeminum virtutis , cannot be communicated by birth from the father to the sonne ; for royall dignity includeth these three constituent parts essentially , of which none can be communicable by birth . . the royall faculty of governing , which is a speciall gift of god , above nature , is from god. solomon asked it from god , and had it not by generation from his father david . . the royall honour ▪ to be set above the people because of this royall vertue , is not from the wombe , for then gods spirit would not have said , blessed are thou o land , when thy king is the sonne of nobles , eccles. . . this honour springing from vertue , is not borne with any man , nor is any man borne with either the gift , or honour to be a iudge ; god maketh high and low , not birth . nobles are borne to great estates , if judging be heritage to any , it is a municipall positive law . i now speake in point of conscience . . the externall lawfull title , before men come to a crowne must be gods will , revealed by such an externall signe , as by gods appointment and warrant is to regulate our will , but according to scripture nothing regulateth our will , and leadeth the people now that they cannot erre , following gods rule in making a king , but the free suffrages of the states choosing a man whom they conceive god hath endued with these royall gifts required in the king whom god holdeth forth to them in his word , deut. . now there be but these to regulate the people , or to be a rule to any man to ascend lawfully ( in foro dei ) in gods court to the throne ; . gods immediate designation of a man by propheticall and divinely inspired unction , as samuel annoynted saul , and david ; this we are not to expect now , nor can royalists say it . . conquest , seeing it is an act of violence , and gods revenging justice for the sinnes of a people , cannot give in gods court such a just title to the throne , as the people are to submit their consciences unto , except god reveale his regulating will by some immediate voice from heaven , as he commanded iudah to submit to nebuchadnezer as to their king by the mouth of ieremiah ; now this is not a rule to us , for then , if the spanish king should invade this iland , and as nebuchadnezer did , deface the temple , and instruments and meanes of gods worship , and abolish the true worship of god , it should be unlawfull to resist him , after he had once conquered the iland , neither gods word , nor the law of nature could permit this ; i suppose even by grant of adversaries , now no act of violence done to a people , though in gods court they have deserved it , can be a testification to us of gods regulating will ; except it have some warrant from the law and testimony , it is no rule to our conscience to acknowledge him a lawfull magistrate , whose sole law to the throne is an act of the bloody instrument of divine wrath , i meane the sword . that therefore iudah was to submit , according to gods word , to nebuchadnezer , whose conscience and best warranted calling to the kingdome of judah was his bloody sword , even if we suppose ieremiah had not commanded them to submit to the king of babylon , i thinke cannot be said . . naked birth cannot be this externall signification of gods regulating will to warrant the conscience of any to ascend to the throne , for the authors of this opinion make royall birth equivalent to divine unction , for david anoynted by samuel , and so anoynted by god , is not king , saul remained the lords anoynted many yeares , not david , even anoynted by god ; the peoples making him king at hebron founded upon divine unction , was not the only externall lawfull calling that we read of , that david had to the throne , then royall birth , because it is but equivalent only to divine unction , not superiour to divine unction , it cannot have more force to make a king , then divine unction . and if birth was equivalent to divine unction , what needed ioash who had royall birth , be made king by the people ? and what needed saul and david , who had more then royall birth , even divine unction , be made kings by the people ? and saul having the vocall and infallible testimony of a prophet , needed not the peoples election , the one at mizpeh and gilgall , and the other at hebron . . if royall birth be as just a title to the crowne as divine unction , and so , as the peoples election is no title at all ; then is it unlawfull that there should be a king by election in the world now : but the latter is absurd , so is the former . i prove the proposition , because where conquerours are wanting , and there is no king for the present , but the people governing , and so much confusion aboundeth , they cannot lawfully appoint a king , for his lawfull title before god must either be conquest , which to me is no title , ( and here , and in this case there is no conquest ) or if the title must be a propheticall word immediatly inspired by god , but this is now ceased ; or thirdly the title must be royal birth , but here there is no royall birth , because the government is popular ; except you imagine that the society is obliged in conscience to goe and seek the sonne of a forraine king to be their king. but i hope that such a royall birth should not be a just title before god to make him king of that society , to which he had no relation at all , but is a meere stranger . hence in this case no title could be given to any man to make him king , but onely the peoples election ; which is that which we say . and it is most unreasonable that a people under popular government cannot lawfully choose a king to themselves , seeing a king is a lawfull magistrate , and warranted by gods word , because they have not a king of royall birth to sit upon the throne . mr. symmons saith that birth is the best title to the crowne , because after the first of the family had been anoynted , unction was no more used in that family , ( unlesse there arose a strife about the kingdome , as betwixt solomon and adonijah , ioash and athalia ) the eldest sonne of the predecessor was afterward the chosen of the lord , his birth-right spake the lords appointment , as plainly as his fathers unction . ans. it is a conjecture that unction was not used in the family , after the first unction , except the contest was betwixt two brethren , that is said , not proved , for king. . . when good iosiah was killed , and there was no contest concerning the throne of that beloved prince , the people of the land took iehoahaz his son and anointed him , and made him king in his fathers stead ; and the priests were anointed , levit. . . yea , all the priests were anointed , num. . ● . yet read we not in the history , where this or this man was anointed . . in that adonijah , solomons elder brother was not king , it is clear , that gods anointing , and the peoples electing , made the right to the crown , and not birth . . birth de facto did design the man , because of gods speciall promises to davids house ; but how doth a typicall discent made to david , and some others by gods speciall promise , prove , that birth is the birth-right , and lawfull call of god to a crown in all after ages ? for as gifts to reign , goeth not by birth , so neither doth gods title to a crown go . m. symons . a prince once possessed of a kingdome coming to him by inheritance , can never , by any , upon any occasion be dispossessed thereof , without horrible impietie , and unjustice . royall unction was an indeleble character of old , saul remained the lords anointed till the last gaspe ; david durst not take the right of government actually into him , although he had it in reversion , being already anointed thereunto , and had received the spirit thereof . answ. that is the question , if a prince once a prince by inheritance , cannot be dispossessed thereof without unjustice : for if a kingdom be his by birth , as an inheritance transmitted from the father to the son , i see not but any man upon necessary occasions , may sell his inheritance ; but if a prince sell his kingdom , a very barclay and an hug. grotius with reason will say , he may be dispossessed and dethroned , and take up his indeleble character then . . a kingdom is not the princes own so , as it is unjustice to take it from him , as to take a mans purse from him ; the lords church ( in a christian kingdom ) is gods heritage , and the king onely a shepheard , and the sheep in the court of conscience , are not his . . royall unction is not an indeleble character ; for neither saul nor david were all their dayes kings thereby , but lived many dayes private men after divine unction , while the people anointed them kings , except you say , . that there were two kings at once in israel . . and that saul killing david , should have killed his own lord , and his anointed . . if david durst not take the right of government actually on him , then divine unction made him not king , but onely designed him to be king : the peoples election must make the king. m. symons addeth , he that is born a king and a prince , can n●ver be unborn , semel augustus semper augustus ; yea , i beleeve the eldest son of such a king is in respect of birth , the lords anointed in his fathers life time , even as david was before sauls death , and to deprive him of his right of reversion , is as true unjustice , as to dispossesse him of it . answ. it is proper onely to jesus christ to be born a king , sure i am , no man bringeth out of the womb with him a scepter , and a crown on his head . divine unction giveth a right infallibly to a crown ; but birth doth not so , for one may be born here to a crown , as was hopefull prince henry , and yet never live to be king. the eldest son of a king , if he attempt to kill his father , as absolom did , and raise forces against the lawfull prince , i conceive he may be killed in battell , without any unjustice . . if in his fathers time he be the lords anointed , there be two kings , and the heir may have a son , and so there shall be three kings , possibly four ; all kings by divine right . the prelate of rochester saith , the people and nobles give no right to him , who is born a king , they onely declare his right . answ. this is said , not proved . a man born for an inheritance , is by birth an heir , because he is not born for these lands , as a mean for the end , but by the contrary , these lands are for the heir as the mean for the end : but the king is for his kingdom , as a mean for the end , as the watch-man for the citie , the living law for peace , and safetie to gods people ; and therefore is not heres hominum , an heir of men , but men are rather heredes regis , heirs of the king. arnisaeus . many kingdoms ( saith he ) are purchased by just war , and transmitted by the law of heritage from the father to the son , beside the consent of the people , because the son receiveth right to the crown , not from the people , but from his parents , nor doth he possesse the kingdom , as the ●●trimony of the people , keeping onely to himself the burden of protecting and governing the people , but as a proprietie given to him lege regni , by his parents , which he is obliged to defend and rule , as a father looketh to the good and welfare of the family , yet so also as he may look to his own good . answ. we read in the word of god , that the people made solomon king , not that david , or any king can leave in his testament , a kingdom to his son . . he saith , the son hath not the right of reigning , as the patrimony of the people , but as a proprietie , given by the law of the kingdom , by his parents : now this is all one , as if he said , the son hath not the right of the kingdom , as the patrimony of the people , but as the patrimony of the people , which is good non-sense ; for the proprietie of reigning , given from father to son , by the law of the kingdom , is nothing but a right to reign , given by the law of the people , and the very gift and patrimony of the people , for lex regni , this law of the kingdom is the law of the people , tying the crown to such a royall family ; and this law of the people is prior and ancienter then the king , or the right of reigning in the king , or which the king is supposed to have from his royall father , because it made the first father , the first king of the royall line . for i demand , how doth the son succeed to his fathers crown , and throne ? not by any promise of a divine covenant , that the lord maketh to the father , as he promised , that davids seed should sit on his throne , till the messiah should come : this , as i conceive , is vanished with the common-wealth of the iews , nor can we now finde any immediate divine constitution , tying the crown now to such a race : nor can we say , this cometh from the will of the father king , making his son king : for . there is no scripture can warrant us to say , the king maketh a king , but the scripture holdeth forth , that the people made saul and david , kings . . this may prove , that the father is some way a cause , why this son succeedeth king ; but he is not the cause of the royaltie conferred upon the whole line ; because the question is , who made the first father a king ? not himself ; nor doth god now immediately by prophets anoint men to be kings , then need force , the people choose the first man , then must the peoples election of a king , be prior and more ancient then the birth-law to a crown : and election must be a better right then birth . . the question is , whence cometh it that not onely the first father should be chosen king ; but also ●hence is that , whereas it is in the peoples freewill to make the succession of kings go by free election , as it is in denmark and pol ; yet the people doth freely choose , not only the first man to be king , but also the whole race of the first born of this mans family to be kings . all here must be resolved in the free will of the communitie ; now since we have no immediate and propheticall enthroning of men : it is evident , that the lineall deduction of the crown from father to son , through the whole line , is from the people , not from the parent . hence i adde this , as my sixth argument , that which taketh away that naturall aptitude , and natures birth-right , in a communitie given to them by god and nature , to provide the most efficacious , and prevalent mean for their own preservation and peace in the fittest government , that is not to be holden , but to make birth the best title to the crown , and better then free election , taketh away and impedeth that naturall aptitude , and natures birth-right of chosing , not simply a governour , but the best , the justest , the more righteous , and tyeth , and fettereth their choice to one of a house , whether he be a wise man , and righteous , and just , or a fool and an unjust man ; therefore to make birth the best title to the crown , is not to be holden . it is objected : that parents may binde their after generations , to choose one of such a line ; but by this argument , their naturall birth-right of a free choice , to elect the best and fittest , is abridged and clipped , and so the posterity shall not be tyed to a king of the royall line , to which the ancestors did swear . see for this , the learned author , of scripture , and reasons , pleaded for defensive arms. answ. frequent elections of a king , at the death of every prince may have , by accident , and through the corruption of our nature , bloody , and tragicall sequels , and to eschew these , people may tie and oblige their children to chose one of the first born ; male or female , as in scotland and england , of such a line ; but i have spoken of the excellencie of the title by election , above that of birth , as comparing things according to their own nature together ; but give me leave to say , that the posterity are tyed to that line , . conditionally : so the first born , ceteris paribus , be qualified , and have an head to sit at the helm . . elections of governours would be performed , as in the sight of god ; and in my weak apprehension , the person coming neerest to gods judge , fearing god , hating covetousnesse , and to moses his king , deut. . one who shall read in the book of the law , and it would seem now , that gracious morals are to us insteed of gods immediate designation . . the genuine and intrinsecall end of making kings , is not simply governing , but governing the best way in peace , honesty , and godlinesse , tim. . ergo , these are to be made kings , who may most expeditely procure this end : neither is it my purpose to make him no king , who is not a gracious man , onely here i compare title with title . . argument . where god hath not bound the conscience , men may not binde themselves , or the consciences of the posterity . but god hath not bound any nation irrevocably , and unalterably to a royall line , or to one kinde of government . ergo , no nation can binde their conscience , and the conscience of the posterity , either to one royall line , or irrevocably and unalterably to monarchy . the proposition is clear . . no nation is tyed , jure divin● , by the tie of a divine law to a monarchy , rather then to another government . the parisian doctors prove , that the precept of having a pope is affirmative , and so tyeth not the church , ad semper , for ever ; and so the church is the body of christ without the pope ; and all oaths to things of their nature indifferent , and to things , the contrary whereof is lawfull , and may be expedient and necessary , lay on a tie onely conditionally , in so far , as they conduce to the end . if the gibeonites had risen in joshuaes dayes , to cut off the people of god , i think no wise man can think , that joshua and the people were tyed by the oath of god , not to cut off the gibeonites in that case : for to preserve them alive as enemies , was against the intent of the oath , which was to preserve them alive , as friends demanding , and supplicating peace , and submitting . the assumption is clear if a nation seeth that aristocraticall government is better then monarchy , hic & nunc : that the sequels of such a monarchy is bloody , destructive , tyrannous , that the monarchy compelleth the free subjects to turcisme , to grosse idolatry , they cannot by the divine bond of any oath captive their naturall freedom , which is to choose a government , and governours , for their safetie , for a peaceable and godly life ; or fetter and chain the wisdom of the posterity unalterably to a government , or a royall line , which hic & nunc , contrary to the intention of their oath , proveth destructive , and bloody . and in this case , even the king , though tyed by an oath to govern , is obliged to the practices of the emperour otho . and as speed saith , of richard the second , to resign the crown , for the eschewing of the effusion of blood : and who doubteth but the second wits of the experienced posterity , may correct the first wits of their fathers ; nor shall i ever beleeve , that the fathers can leave in legacie , by oath , any chaines of the best gold to fetter the after-wits of posteritie to a choice destructive to peace and true godlinesse . to these adde ; . that . an heritor may defraud his first borne of his heritage , because of his dominion he hath over his heritage : a king cannot defraud his first-borne of the crown . . an heritor may divide his heritage equally amongst his twelve sonnes : a king cannot divide his royall dominions in twelve parts , and give a part to every sonne ; for so he might turne a monarchie into an aristocracie , and put twelve men in the place of one king. . any heritor taken captive , may lawfully oppignorate , yea and give all his inheritance as a ransome for his liberty ; for a man is better then his inheritance : but no king may give his subjects as a price or ransome . yet i shall not be against the succession of kings by birth , with good limitations ; and shall agree , that through the corruption of mans nature , it may be in so far profitable , as it is peaceable , and preventeth bloody tumults , which are the bane of humane societies . consider further for this , aegid . romanus , l. . de reg . princi . cap. . turrecremat . and joan. de terra reubea , tract . contr . rebelles , ar . . con . . yet aristotle the flower of natures wit , l. . polit . c. . preferreth election to succession ; he preferreth carthage to sparta , though their kings came of hercules . plutarch in scylla , saith , he would have kings as dogs , that is , best hunters , not those who are borne of best dogs . tacitus , lib. . nasci & generari à principibus , fortuitum , nec ultra aestimantur . quest . xi . whether or no he be more principally a king , who is a king by birth , or he who is a king by the free election and suffrages of the people ? without deteining the reader , i desire liberty to assert , that , assert . where god establisheth a kingdome by birth , that government , hic & nunc , is best : and because god principally distributeth crownes , when god establisheth the royall line of david to reigne , he is not principally a king , who commeth neerest and most immediately to the fountaine of royaltie , which is gods immediate will ; but god established , hic & nun● , for typicall reasons ( with reverence of the learned ) a king by birth . assert . but to speake of them , ex natura re● , and according to the first mould and paterne of a king by law . a king by election is more principally king ( magis univoce & per se ) then an hereditarie prince ; . because in hereditary crownes , the first familie being chosen by the free suffrages of the people , for that cause ultimate , the hereditary prince commeth to the throne , because his first father , and in him the whole line of the familie was chosen to the crowne , and , propter quod unumquodque tale , id ipsum magis tale . . the first king ordained by gods positive law , must be the measure of all kings , and more principally the king , then he who is such by derivation . but the first king is a king by election , not by birth , deut. . . thou shalt in any wise set ( him ) king over thee , whom the lord thy god shall choose , ( one ) from amongst thy brethren shalt thou set over thee . if the free will of the people be not the neerest cause of the first moulded king , god could have made no positive law to choose such a man , not such a man ; for all positive lawes presuppose free election . . the law saith , surrogatum fruitur privilegiis ejus , in cujus locum surrogatur : he who is substituted in the place of another , enjoyeth the priviledges of him in whose place be succeedeth . but the hereditary king hath royall priviledges from him who is chosen king. salomon hath the royall priviledges of david his father , and is therefore king by birth , because his father david was king by election . and this i say , not because i think sole birth is a just title to the crown , but because it designeth him who indeed virtually was chosen , when the first king of the race was chosen . . because there is no dominion of either royalty , or any other way by nature , no more then an eagle is born king of eagles , a lyon , king of lyons ; neither is a man by nature , born king of men : and therefore , he who is made king by suffrages of the people , must be more principally king , then he who hath no title , but the womb of his mother . doct. fern is so farre with us to father royaltie upon the peoples free election , as on the formall cause , that he saith , if to design the person , and to procure limitation of the power in the exercise of it , ●e to give the power ; we grant the power is from the people , but ( saith he ) you will have the power originally from themselves ; in another sense , for you say , they reserve power to depose and displace the magistrate , sometime they make the monarch supreme , and then they devest themselves of all power , and keep none to themselves , but before established government , they have no politique power , whereby they may lay a command on others , but onely a naturall power of private resistance , which they cannot use against the magistrate . ans. but to take off those by the way , . if the king may choose a. b. an ambassadour , and limit him in his power , and say , doe this , and say this to the forraigne state you goe to , but no more ; halfe a wit will say the king createth the ambassadour , and the ambassadours power is originally from the king ; and we prove the power of the lyon is originally from god , and of the sea , and the fire is originally from god , because god limiteth the lyon in the exercises of its power , that it shall not devoure daniel , and limiteth the sea , as ieremiah saith , when as he will have its proud waves to come thither , and no farther , and will have the fire to burne those who throwe the three children into the fiery furnace , and yet not to burne the three children , for this is as if doctor ferne said , the power of the king of six degrees , rather then his power of five is from the people , therefore the power of the king is not from the people , yea the contrary is true . . that the people can make a king supreame , that is , absolute , and so resigne natures birth-right ; that is , a power to defend themselves is not lawfull , for if the people have not absolute power to destroy themselves , they cannot resigne such a power to their prince . . it is false that a community , before they be established with formall rulers , have no politicke power , for consider them as men onely , and not as associated , they have indeed no politicke power ; but before magistrates be established , they may convene and associate themselves in a body , and appoint magistrates ; and this they cannot doe if they had no politicke power at all . . they have virtually a power to lay on commandements , in that they have power to appoint to themselves rulers , who may lay commandements on others . . a community hath not formally power to punish themselves , for to punish is to inflict malum disconveniens natura , an evill contrary to nature ; but in appointing rulers , and in agreeing to lawes they consent they shall be punished by another upon supposition of transgression , as the child willingly going to schoole submitteth himself in that to schoole-discipline , if he shall faile against any schoole law ; and by all this t is cleare , a king by election is principally a king. barclay then faileth , who saith , no man denyeth but succession to a crowne by birth is agreeable to nature ; it is not against nature , but it is no more naturall , then for a lyon to be borne a king of lyons . obj. most of the best divines approve an hereditary monarch , rather then a monarch by election . ans. so doe i in some cases , in respect of empire simply it is not better , in respect of empire now under mans fall in sin ; i grant it to be better in some respect . so s●lust in ingurth . natura mortalium imperij avida . tacitus , hist. . minore discrimine princeps sumitur , quam queritu , there 's lesse danger to accept of a prince at hand , then to seeke one a farre off . . in a kingdome to be constituted , election is better ; in a constituted kingdome birth seemeth lesse evill . . in respect of liberty election is more convenient ; in respect of safety and peace , birth is safer and the nearest way to the well . see bodin , de rep. l. . c. . thol . ozan , de rep. l. . c. . quest . xii . whether or not a kingdome may lawfully be purchased by the sole title of conquest ? the prelate averreth confidently that a title to a kingdome by conquest , without the consent of the people , is so just and evident by scripture , that it cannot be denyed ; but the man bringeth no scripture to prove it . mr. marshall saith , a conquered kingdome is but continuata injuria , a continued robbery . a right of conquest is twofold ; . when there is no just cause . . when there is just reason and ground of the war ; in this latter case , if a prince subdue a whole land , which justly deserveth to dye , yet by his grace who is so mild a conquerour they may be all preserved alive . now amongst those who have thus injured the conquerour as they deserve death , we are to difference the persons offending , and the wives , children especially not borne , and such as have not offended . the former sort may resign their personall liberty to the conquerour , that the sweet life may be saved ; but he cannot be their king properly , but i conceive that they are obliged to consent that he be their king , upon this condition , that the conquerour put not upon them violent and tyrannicall conditions that are harder then death now in reason we cannot thinke that a tyrannous and unjust domineering can be god● lawfull meane of translating kingdomes , and for the other part ; the conquerour cannot domineere as king over the innocent , and especially the children not yet borne . . assertion . a people may be by gods speciall commandement , subject to a conquering nebuchadnezer , and a caesar , as to their king , as was iudah commanded by the prophet ieremiah to submit unto the yoake of the king of babylon , and to pray for him , and the people of the iewes were to give to caesar the things of caesar ; and yet both those were unjust conquerours : for those tyrants had no command of god to oppresse and raigne over the lords people , yet were they to obey those kings , so the passive subjection was just and commanded of god , and the active unjust and tyranous , and forbidden of god. . assert . this title by conquest through the peoples after consent may be turned into a just title , as it s like the case was with the iewes in caesars time , for which cause our saviour commanded to obey caesar , and to pay tribute unto him ; as dr. ferne confesseth . but two things are to be condemned in the doctor : . that god manifesteth his will to us in this worke of providence , whereby he translateth kingdomes . . that this is an over-awed consent ; now to the former i reply , if the act of conquering be violent and unjust , it is no manifestation of gods regulating and approving will , and can no more prove a just title to a crowne , because it is an act of divine providence , then pilate and herod their crucifying of the lord of glory , which was an act of divine providence , flowing from the will and decree of divine providence , act. . . act. . . is a manifestation that it was gods approving will , that they should kill jesus christ. . though the consent be some way over-awed , yet is it a sort of contract and covenant of loyall subjection made to the conquerour , and therefore sufficent to make the title just ; otherwise if the people never give their consent , the conquerour domineering over them by violence hath no just title to the crowne . . assert . meere conquest by the sword without the consent of the people , is no just title to the crowne ; . because the lawfull title that gods word holdeth forth to us , beside the lords choosing and calling of a man to the crowne , is the peoples election , deut. . . all that had any lawfull calling to the crowne in gods word , as saul , david , solomon , &c. were called by the people , and the first lawfull calling is to us a rule and paterne to all lawfull callings . . a king as a king , and by vertue of his royall office is the father of the kingdome , a tutor , a defender , protector , a shield , a leader , a shepheard , an husband , a patron , a watchman , a keeper of the people over which he is king , and so the office essentially includeth acts of fatherly affection , care , love and kindnesse to those over whom he is set , so as he who is cloathed with all these relations of love to the people , cannot exercise those officiall acts on a people against their will , and by meere violence . can he be a father , and a guide , a patron to us against our will ? and by the sole power of the bloudy sword ? a benefit conferred upon any against their will is no benefit : will he , by the awsome dominion of the sword be our father , and we unwilling to be his sonnes ? an head over such as will not be menbers ? will he guide me as a father , an husband against my will ? he cannot come by meere violence to be a patron , a shield , and a defender of me through violence . . it is not to be thought that , that is gods just title to a crowne which hath nothing in it of the essence of a king ; but a violent and bloody purchase , which is in its prevalency in an oppressing nymrod , and the cruellest tyrant that is , hath nothing essentiall to that which constituteth a king : for it hath nothing of heroick and royall wisedome and gifts to governe , and nothing of gods approving and regulating will which must be manifested to any who would be a king , but by the contrary cruelty hath rather basenesse and witlesse fury , and a plaine reluctancy with gods revealing will , which forbideth murther , gods law should say , ( murther thou , and prosper and raigne ) and by the act of violating the sixt commandement , god should declare his approving will , to wit , his lawfull call to a throne . . there be none under a law of god who may resist a lawfull call to a lawfull office , but men may resist any impulsion of god stirring them up to murther the maniest and strongest , and cheife men of a kingdome , that they may raigne over the fewest , the weakest , and the young and lowest of the people against their will , therefore this call by the sword is not lawfull . if it be said , that the divine impulsion stirring up a man to make a bloody conquest , that the ire and just indignation of god in iustice may be declared on a wicked nation , is an extraordinary impulsion of god , who is above a law , and therefore no man may resist it . ans. then all bloody conquerors must have some extraordinary revelation from heaven to warrant their yeelding of obedience to such an extraordinary impulsion . and if it be so , they must shew a lawfull and immediate extraordinary impulsion now ; but it is certaine , the sinnes of the people conquered , and their most equall and just demerit , before god , cannot be a just plea to legitimate the conquest : for though the people of god deserved vastation and captivitie by the heathen , in regard of their sinnes , before the throne of divine iustice , yet the heathen grievously sinned in conquering them , zach. . . and i am very sore displeased with the heathen that are at ease : for i was but a little displeased , and they helped forward the affliction . so though iudah deserved to be made captives , and a conquered people , because of their idolatry , and other sinnes , as ieremiah had prophecied ; yet god was highly displeased at babylon for their unjust and bloody conquest , jer. . , ▪ , . c. . . the violence done to me and to my flesh , be upon babylon , shall the inhabitants of zion say ; and my blood upon the inhabitants of chaldea , shall jerusalem say . and that any other extraordinary impulsion to be as lawfull a call to the throne as the peoples free election , we know not from gods word , and we have but the naked word of our adversaries , that william the conquerour , without the peoples consent , made himselfe by blood , the lawfull king of england , and also of all their posteritie ; and that king fergus conquered scotland . . a king is a speciall gift of god , given to feed and defend the people of god , that they may lead a godly and peaceable life under him , psal. . v. , . tim. . . as it is a judgement of god , that israel is without a king for many dayes , hos. . . and that there is no iudge , no king , to put evill doers to shame , iudg. . . but if a king be given of god , as a king by the acts of a bloody conquest to be avenged on the sinfull land over which he is made a king , he cannot be given , actu primo , as a speciall gift and blessing of god to feed , but to murther and to destroy ; for the genuine end of a conqueror , as a conqueror , is not peace , but fire and sword . if god change his heart to be of a bloody vastator , a father , prince , and feeder of the people , ex officio , now he is not a violent conquerour and he came to that meeknes by contraries , which is the proper worke of the omnipotent god , and not proper to man , who as he cannot worke miracles , so neither can he lawfully worke by contraries : and so if conquest be a lawfull title to a crown , and an ordinary calling , as the opponents presume ; every bloody conquerour must be changed into a loving father , prince and feeder ; and if god call him , none should oppose him , but the whole land should dethrone their own native soveraigne ( whom they are obliged before the lord to defend ) and submit to the bloody invasion of a strange lord , presumed to be a just conqueror , as if he were lawfully called to the throne both by birth and the voyces of the people . and truly they deserve no wages , who thus defend the kings prerogative royall : for if the sword be a lawfull title to the crown , suppose the two generals of both kingdomes should conquer the most and the chiefest of the kingdome now when they have so many forces in the field , by this wicked reason the one should have a lawfull call of god to be king of england , and the other to be king of scotland ; which is absurd . . either conquest , as conquest , is a just title to the crown , or as a just conquest . if as conquest , then all conquests are just titles to a crown ; then the ammonites , zidonians , canaanites , edomites , &c. subduing gods people for a time , have just title to reigne over them ; and if absolom had been stronger then david , he had then had the just title to be the lords anointed and king of israel , not david ; and so strength actually prevailing , should be gods lawfull call to a crown . but strength , as strength victorious , is not law , nor reason : it were then reason that herod behead john baptist , and the roman emperors kill the witnesses of christ iesus . if conquest , as just , be the title and lawfull claime before gods court , to a crown ; then certainly a stronger king for pregnant nationall injuries , may lawfully subdue and reigne over an innocent posteritie not yet borne . but what word of god can , . warrant a posteritie not borne , and so accessarie to no offence against the conquerour ( but only sin originall ) to be under a conquerour against their will , and who hath no right to reigne over them , but the bloody sword ? for so conquest , as conquest , not as just , maketh him king over the posterity . but . the fathers may ingage the posterity by an oath to surrender themselvos as loyall subjects to the man who justly and deservedly made the fathers vassals by the title of the sword of justice . i answer , the fathers may indeed dispose of the inheritance of their children , because that inheritance belongeth to the father as well ar to the sonne ; but because the liberty of the sonne being borne with the sonne , ( all men being borne free from all civill subjection ) the father hath no more power to resigne the libertie of his children , then their lives ; and the father , as a father hath not power of the life of his child , as a magistrate he may have power , and as something more then a father , he may have power of life and death . i heare not what grotius saith , those who are not borne have no accidents , and so no rights , non entis nulla sunt accidentia ; then children not borne have neither right , nor liberty , and so no injury ( may some say ) can be done to children not borne , though the fathers should give away their liberty to the conquerour , those who are not capable of law , are not capable of injury contrary to law. ans. there is a virtuall alienation of rights and lives of children not borne unlawfull , because the children are not borne ; to say that children not borne , are not capable of law and injuries virtuall , which become reall in time might say , adam did not an injury to his posterity by his first sin , which is contrary to gods word : so those who vowed yearely to give seven innocent children to the minotaure to be devoured , and to kill their children not borne to bloody molech , did no acts of bloody injury to their children ; nor can any say then that fathers cannot tye themselves and their posterity to a king by succession , but i say , to be tyed to a lawfull king is no making away of liberty , but a resigning of a power to be justly governed , protected and awed from active and passive violence . . no lawfull king may be dethroned , nor lawfull kingdome dissolved ; but law and reason both saith , quod vi partum est imperium , vi dissolvi potest . every conquest made by violence may be dissolved by violence : censetur enim ipsa natura jus dare ad id omne , sine quo obtineri non potest quod ipsa imperat . it is objected , that the people of god by their sword conquered seven nations of the canaanites , david conquered the ammonites for the disgrace done to his embassadours . so god gave egypt to nebuchadnezar for his hire , in his service done against iudah ; had david no right over the ammonites and moabites but by expecting their consent● yee will say , a right to their lands , goods and lives , but not to challenge their morall subjection , well , we doubt not but such conquerours will challenge and obtain their morall consent ; but if the people refuse their consent , is there no way ? for providence giveth no right . so d. ferne , so arnisaeus . ans. a facto ad jus non vale● consequentia , god , to whom belongeth the world and the fulnesse thereof , disponed to abraham and his seed the land of canaan for their inheritance , and ordained that they should use their bow and their sword , for the actuall possession thereof ; and the like divine right , had david to the edomites and ammonites , though the occasion of davids taking possession of these kingdoms by his sword , did arise from particular and occasionall exigences and injuries ; but it followeth in no sort , that therefore kings now wanting any word of promise , and so of divine right to any lands , may ascend to the throns of other kingdoms then their own , by no better title then the bloody sword . that gods will was the chief patent here , is clear , in that god forbad his people to conquer edom or esau's possession , when as he gave them command to conquer the ammorites . i doubt not to say , if joshua and david had had no better title , then their bloody sword , though provoked by injuries , they could have had no right to any kingly power over these kingdoms : and if onely successe by the sword , be a right of providence , it is no right of precept . gods providence , as providence without precept or promise , can conclude a thing is done , or may be done , but cannot conclude a thing is lawfully , and warrantably done , else you might say the selling of joseph , the crucifying of christ , the spoiling of job were lawfully done . . though conquerors extort consent , and oath of loyaltie , yet that maketh not over a royall right to the conquerour , to be king over their posterity without their consent . . though the children of ammon did a high injury to david , yet no injury can be recompensed in justice with the pressure of the constrained subjection of loyaltie to a violent lord ; if david had not had an higher warrant from god then an injury done to his messengers , he could not have conquered them . but . the ammonites were the declared enemies of the church of god , and raised forces against david , when they themselves were the injurer's and offenders ; and if davids conquest will prove a lawfull title by the sword to all conquerours , then may all conquerours lawfully do to the conquered people , as david did ; that is , they may put them under saws , and under harrows of iron , and under axes of iron , and cause them passe through the brick-kilne . but i beseech you , will royalists say , that conquerours who make themselves kings by their sword , and so make themselves fathers , heads , defenders , and feeders of the people may use the extreamest tyranny in the world , such as david used against the children of ammon , which he could not have done , by the naked title of sword-conquest , if god had not laid a commandment of an higher nature on him to serve gods enemies so ▪ i shall then say , if a conquering king be a lawfull king , because a conquerour , then hath god made such a lawfull king , both a father , because a king , and a tyrant , and cruell , and lyon-hearted oppressour of these whom he hath conquered ; for god hath given him royall power by this example , to put these , to whom he is a father and defender by office , to torment , and also to be a torturer of them , by office , by bringing their backs under such instruments of crueltie , as saws and harrows of iron , and axes of iron . quest . xiii . whether or no royall dignitie have its spring from nature , and how that is true ( every man is born free ) and how servitude is contrary to nature ? i conceive it to be evident , that royall dignity is not immediately , and without the intervention of the peoples consent given by god to any one person . . that conquest and violence , is no just title to a crown . now the question is , if royalty flow from nature , if royalty be not a thing meerly naturall , neither can subjection to royall power be meerly naturall ; but the former is rather civill , then naturall : and the question of the same nature is , whether subjection or servitude be naturall ? i conceive , that there be divers subjections to these that are above us , some way naturall , and therefore i rank them in order thus . . there is a subjection in respect of naturall being , as the effect to the cause , so though adam had never sinned , this morality of the fifth command , should have stood in vigour , that the son by nature , without any positive law , should have been subject to the father , because from him he hath his being , as from a second cause : but i much doubt , if the relation of a father , as a father , doth necessarily infer a royall or kingly authority of the father over the son ; or by natures law , that the father hath power of life and death over , or above his children , and the reasons i give , are , . because power of life and death is by a positive law , presupposing sin , and the fall of man ; and if adam standing in innocency , could lawfully kill his son , though the son should be a malefactor , without any positive law of god , i much doubt . . i judge , that the power royall , and the fatherly power of a father over his children , shall be found to be different , and the one is founded on the law of nature , the other to wit , royall power on a meere positive law. the . degree or order of subjection naturall , is a subjection in respect of gifts , or age : so aristotle , polit. cap. . saith , that some are by nature servants : his meaning is good , that some gifts of nature , as wisedom naturall , or aptitude to govern , hath made some men of gold , fitter to command , and some of iron , and clay , fitter to be servants and slaves . but i judge this title to make a king by birth , seeing saul whom god by supervenient gifts made a king , seemeth to ow small thanks to the womb , or nature , that he was a king , for his crueltie to the lords priests speaketh nothing but naturall basenesse . it s possible plato had a good meaning , dialog . . de legib . who made six orders here . . that fathers command their sons . . the noble the ignoble . . the elder the younger . . the masters the servants . . the stronger the weaker . . the wiser the ignorant . . aquinas . q. . art . . dried● de libert . christ. l. . pag. . following aristotle , polit . l. . c. . hold , though man had never sinned , there should have been a sort of dominion of the more gifted , and wiser , above the lesse wise and weaker , not antecedent from nature , properly , but consequent , for the utilitie and good of the weaker , in so far , as it is good for the weaker to be guided by the stronger , which cannot be denyed to have some ground in nature : but there is no ground for kings by nature here . . because , even these who plead , that the mothers womb must be the best title for a crown , and make it equivalent to royall unction , are to be corrected in memory , thus ; that it is meerly accidentall , and not naturall , for such a son to be born a king , because the free consent of the people making choice of the first father of that line to be their king , and in him making choice of the first born of the family , is meerly accidentall to father and son , and so cannot be naturall . . because royall gifts to reign are not holden by either us or our adversaries , to be the specifice essence of a king ; for if the people crown a person their king , say we , if the womb bring him forth to be a king ; say the opponents , he is essentially a king , and to be obeyed as the lords annointed , though nature be very parca , sparing , and a niggard in bestowing royall gifts : yea , though he be an idiot , say some , if he be the first born of a king , he is by just title a king , but must have curators and tutors to guide him , in the exercise of that royall right that he hath from the womb . but buchanan saith well , he who cannot govern himself , shall never govern others . assert . de facto , as a man commeth into the world a member of a politick societie , he is by consequence borne subject to the laws of that societie ; but this maketh him not from the wombe and by nature subject to a king , as by nature he is subject to his father who begat him ; no more then by nature a lyon is borne subject to another king-lyon ; for it is by accident that he is borne of parents under subj●ction to a monarch , or to either democraticall or aristocraticall governours , for cain and abel were borne under none of these formes of government properly : and if he had been borne in a new planted colonie in a wildernesse , where no government were yet established , he should be under no such government . assert . slavery of servants to lords or masters , such as were of old amongst the iews , is not naturall , but against nature ; . because slaverie is malum naturae , a penall evill , and contrary to nature , and a punishment of sinne . . slaverie should not have been in the world , if man had never sinned , no more then there could have been buying and selling of men ; which is a miserable consequent of sin , and a sort of death , when men are put to the toyling paines of the hireling , who longeth for the shadow , and under iron harrowes and sawes , and to hew wood , and draw water continually . . the originall of servitude was , when men were taken in warre , to eschew a greater evill , even death , the captives were willing to undergoe a lesse evill , slaverie . s. servitus , . de jur . pers. . a man being created according to gods image , he is res sacra , a sacred thing , and can no more by natures law be sold and bought , then a religious and sacred thing dedicated to god. s. . instit. de invtil . scrupl . l. inter stipulantem . s. sacram. f. de verber . obligat . assert . every man by nature is a freeman borne , that is , by nature no man commeth out of the wombe vnder any civill subjection to king , prince , or judge , to master , captaine , conquerour , teacher , &c. . because freedome is naturall to all , except freedome from subjection to parents : and subjection politick is meerly accidentall , comming from some positive lawes of men , as they are in a politique societie ; whereas they might have been borne with all concomitants of n●ure , though borne in a single familie , the only naturall and first societie in the world . . man is borne by nature free from all subjection , except of that which is most kindly and naturall , and that is fatherly or filial subjection , or matrimoniall subjection of the wife to the husband , and especially he is free of subjection to a prince by nature ; because to be under jurisdiction to a iudge or king , hath a sort of jurisdiction . argument . l. si quis sit fugitivus f. de edil . edict . in s. penult . vel fin . especially to be under penall lawes now in the state of sinne . the learned senator ferdinandus vasquez saith , l. . c. . n. . every subject is to lay down his life for the prince : now no man is borne under subjection to penall lawes or dying for his prince . . man by nature is borne free , and as free as beasts ; but by nature no beast , no lyon is born king of lyons ; no horse , no bullock , no eagle , king of horses , bullocks , eagles ; nor is there any subjection here , except that the young lyon is subject to the old , every foul to its damme , and by that same law of nature no man is borne king of men , nor any man subject to man in a civill subjection by nature , ( i speake not of naturall subjection of children to parents ) and therefore ferdi. vasquez . illustr . quest . l. . c. . n. . said that kingdomes and empires were brought in , not by natures law , but by the law of nations : he expoundeth himself elsewhere to speak of the law of nature secondary , otherwise the primarie law of nations is indeed the law of nature , as appropriated to man. if any reply , that the freedome naturall of beasts and birds who never sinned , cannot be one with the naturall freedome of man who are now under sin , and so under bondage for sin : my answer is , that the subjection of the miserie of man by nature , because of sinne , is more then the subjection of beasts , comparing spece and kind of beasts and birds with mankind , but comparing individuals of the same kinde amongst themselves , a lyon with lyon , eagle with eagle , and so man with man ; in which respect , because he who is supposed to be the man borne free from subjection politike , even the king borne a king , is under the same state of sin , and so by reason of sinne , of which he hath a share equally with all other men by nature , he must be , by nature , borne under as great subjection penall for sinne ( except the king be borne voyd of sinne ) as other men ; ergo , he is not borne freer by nature then other men , except he come out of the wombe with a kings crown on his head . . to be a king , is a free gift of god , which god bestoweth on some men above others , as is evident , sam. . , ▪ psal. . . dan. . . and therefore all must be borne kings , if any one man be by nature a king borne , and another a borne subject . but if some be by gods grace made kings above others , they are not so by nature ; for things which agree to man by nature , agree to all men equally ; but all men equally are not borne kings , as is evident ; and all men are not equally borne by nature under politique subjection to kings , as the adversaries grant ; because those who are by nature kings , cannot be also by nature subjects . . if men be not by nature free f●om politique subjection , then must some , by the law of relation , by nature be kings ; but none are by nature kings , because none have by nature these things which essentially constitute kings , for they have neither by nature the calling of god , nor gifts for the throne , nor the free election of the people , nor conquest : and if there be none a king by nature , there can be none a subject by nature . and the law faith , omnes sumus naturâ liberi , nullius ditioni subjecti . l. manumiss . f. de just . & jur . s. jus autem gentium , ins. de jur . nat . we are all by nature free . and d. l. ex hoc jure cum simil . . politicians agree to this as an undeniable truth , that as domestick society is naturall , being grounded upon natures instinct ; so politique societie is voluntary , being grounded on the consent of men ; and so politique societie is naturall , in radice , in the root , and voluntary and free , in modo , in the manner of their union : and the scripture cleareth to us , that a king is made by the free consent of the people , deut. . . and so not by nature . . what is from the wombe , and so naturall , is eternall , and agreeth to all societies of men : but a monarchie agreeth not to all societies of men ; for many hundred years de facto , there was not a king , till nimrods time , the world being governed by families , and till moses his time we find no institution for kings , gen. . and the numerous multiplication of mankind did occasion monarchies , otherwise fatherly government being the first , and measure of the rest , must be the best ; for it is better that my father governe me , then that a stranger governe me ; and therefore the lord forbad his people to set a stranger over themselves to be their king. the p. prelate contendeth for the contrary . every man ( saith he ) is borne subject to his father , of whom immediately he hath his existence in nature ▪ and if his father be the subject of another , he is borne the subject of his fathers superiour . answ. but the consequence is weake , every man is borne under naturall subjection to his father , ergo he is borne naturally under civill subjection to his fathers superiour or king , it followeth not ; yea because his father was borne only by nature subject to his owne father , ergo he was subject to a prince or king only by accident , and by the free constitution of men who freely choose politick government , whereas there is no government naturall , but fatherly or martiall , and therefore the contradictory consequence is true . p. prelat . obj. . every man by nature hath immunity and liberty from despoticall and herill empire , and so may dispose of his owne at will , and cannot inslave himselfe without his owne free will ; but god hath laid a necessity on all men to be under government , and nature also laid this necessity on him , therefore this soveraignty cannot protect us in righteousnesse and honesty , except it be intirely indowed with soveraigne power to preserve it selfe , and protect us . ans. the prelate here deserteth his owne consequence , which i● strong against himselfe , for if a man be naturally subject to his fathers superiour , as he said before , why is not the sonne of a slave naturally subiect to his fathers superiour & master ? . as a man may not make away his liberty without his own consent , so can he not without his owne consent give his liberty to be subject to penall lawes , under a prince without his owne consent , either in his fathers or in the representative society in which he liveth . . god and nature hath laid a necessity on all men to be under government , a naturall necessity from the wombe to be under some government , to wit , a paternall government , that is true ; but under this government politique , and namely under soveraignty , it is false ; and that is but said , for why is he naturally under soveraignty rather then aristocracy ? i beleeve any of the three formes are freely chosen by any society . it is false that one cannot defend the people , except he have intire power , that is to say , he cannot doe good , except he have a vast power to doe both good and ill . obj. . it is accidentall to any to render himselfe a slave , being occasioned by force or extreame indigence , but to submit to government congruous to the condition of man , and is necessary for his happy being , and naturall , and necessary by the inviolable ordinance of god and nature . ans. if the father be a slave , it is naturall and not accidentall , by the prelates logick , to be a slave . . it is also accidentall to be under soveraignty , and sure not naturall , for then aristocracy and democracy must be unnaturall , and so unlawfull governments . . if to be congruous to the condition of man be all one with naturall man ( which he must say if he speake sense ) to beleeve in god , to be an excellent mathematician , to swim in deepe waters , being congruous to the nature of man , must be naturall . . man by nature is under government paternall , not politique properly , but by the free consent of his will. obj. . luke . . christ himselfe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 subject to his parents , the word that is used , rom. . ergo none is exempted from subjection to lawfull government . ans. we never said , that any was exempted from lawfull goverment ; the prelate and his fellow iesuites teach that the clergy is exempted from the lawes of the civill magistrate , not we ; but because christ was subject to his parents , and the same word is used , luk. . that is , rom. . it will not follow therefore , men are by nature subject to kings , because they are by nature subject to parents . obj. . the father had power over the children by the law of god and nature to redeeme himselfe from debt , or any distressed condition , by inslaving his children begotten of his owne body , if this power was not by the right of nature , and by the warrant of god , i can see no other , for it could not be by mutuall and voluntary contract of children and fathers , ans. . shew a law of nature , that the father might inslave his children by a divine positive law presupposing sin , the father might doe that , and yet i thinke that may be questioned , whether it was not a permission rather then a law , as was the bill of devorce , but a law of nature it was not . . the p. prelate can see no law but the law of nature here , but it is because he is blind or will not see ; his reason is , it was not by mutuall and voluntary contract of children and fathers , ergo it was by the law of nature ; so he that cursed his father was to dye by gods law. this law was not made by mutuall consent betwixt the father and the sonne , ergo it was a law of inature , the prelate will see no better . nature will teach a man to inslave hmselfe to redeeme himselfe from death , but that it is a dictate of nature that a man should inslave his sonne , i conceive not . . what can this prove , but that if the sonne may by the law of nature , be inslaved for the father , but that the sonne of a slave is by nature under subjection to slavery , & that by natures law , the contrary whereof he spake in the page preceding , and in this same page . as for the argument of the prelate to answer suarez , who laboureth to prove monarchy not to be naturall , but of free consent , because it is various in sundry nations , it is the iesuites argument , not ours , i owne it not . let iesuites plead for iesuites . quest . xiiii . whether or no the people make a person their king conditionally , or absolutely ? and whether there be such a thing as a covenant tying the king no lesse then his subjects ? there is a covenant naturall and a covenant politick and civill , there is no politick or civill covenant betwixt the king and his subjects , because there be no such equality ( say royalists ) betwixt the king and his people , as that the king can be brought under any civill or legall obligation in mans court , to either necessitate the king civilly to keepe an oath to his people , or to tye him to any punishment , if he faile , yet ( say they ) he is under naturall obligation in gods court to keepe his oath , but he is comptible only to god , if he violate his oath . asser. . there is an oath betwixt the king and his people , laying on , by reciprocation of bands , mutuall civill obligation upon the king to the people , and the people to the king , sam. . so all the elders of israel came to the king to hebron , and king david made a covenant with them in hebron before the lord , and they annoynted david king over israel , chron. . . and david made a covenant with them before the lord , and they annoynted david king over israel , according to the word of the lord by samuel , chron. . . and they went about in iudah and gathered the levites out of all the cities of iudah , and the chiefe of the fathers of israel , and they came to ierusalem . . and all the congregation made a covenant with the king ioash in the house of god , king. . . and jehoiada made a covenant betwixt the lord and the king , and the people that they should be the lords people , between the king also and his people , eccles. . . i counsell thee to keepe the kings commandement , and that in regard of the oath of god ; then it is evident there was a covenant betwixt the king and the people . . that was not a covenant that did tye the king to god onely , and not to the people , . because the covenant betwixt the king and the people is clearly differenced from the kings covenant with the lord , king. . . . there were no necessity that this covenant should be made publickly before the people , if the king did not in the covenant tye and oblige himselfe to the people ; nor needed it be made solemnly before the lord is the house of god. . it is expresly a covenant , that was between ioash the king and his people , and david made a covenant at his coronation with the princes and elders of israel ; therefore the people give the crown to david covenant-wise , and upon condition that he should performe such and such duties to them ; and this is cleare by all covenants in the word of god , even the covenant between god and man is so mutuall ; i will be your god , and yee shall be my people . the covenant is so mutuall , that if the people breake the covenant , god is loosed from his part of the covenant , zach. . v. . . the covenant giveth to the beleever a sort of action of law , and jus quoddam , to plead with god , in respect of his fidelity to stand to that covenant that bindeth him by reason of his fidelity , esay . . es. . . daniel . , . and farre more a covenant giveth ground of a civill action and claime to a people and the free estates against a king , seduced by wicked counsell to make war against the land , whereas he did sweare by the most high god , that he should be a father and protector of the church of god. . all covenants and contracts between man and man , yea all solemne promises bring the covenanters under a law , and a claime before men , if the oath of god be broken as the covenant betwixt abraham and abimelech , gen. . . ionathan and david , sam. . . the spies professe to rahab in the covenant that they made with him , iosh. . v. . and if thou utter this our businesse ( say they ) we will be quit of thine oath , which thou hast made us to swear . there be no mutuall contract made upon certain conditions , but if the conditions be not fulfilled , the party injured is loosed from the contract . barclay saith , that this covenant obligeth the king to god , but not the king to the people . ans. it is a vaine thing to say that the people and the king make a covenant , and that david made a covenant with the elders and princes of israel ; for if he be obliged to god only , and not to the people by a covenant made with the people , it is not made with the people at all , nay , it is no more made with the people of israel , nor with the chaldeans , for it bindeth david no more to israel , nor to chaldea , as a covenant made with men . arnisaeus saith , when two parties contract , if one performe the duty , the other is acquitted . sect. ex hujusmod ubi vult just . de duob . reis , l. . f. because every one of them are obliged fully . sect. . iust. eod . to god , to whom the oath is made ( for that is his meaning ) and if either the people performe what is sworne to the lord , or the king , yet one of the parties remaineth still under obligation , and neither doth the peoples obedience exempt the king from punishment , if he faile , nor the kings obedience exempt the people , if they faile , but every one beareth the punishment of his owne sin ; and there is no mutuall power in the parties to compell one another to performe the promised duty , because that belongeth to the pretor or magistrate , before whom the contract was made . the king hath jurisdiction over the people , if they violate their oath , but the people hath no power over the prince , and the ground that arnisaeus layeth downe is that , . the king is not a party contracting with the people , as if there were mutuall obligations betwixt the king and the people , and a mutuall coactive power on either side . . that the care of religion belongeth not to the people , for that hath no warrant in the word ( saith he ) . we read not that the people was to command and compell the priests and the king to reforme religion and abolish idolatry , as it must follow , if the covenant be mutuall . . iehoiada , king. . obligeth himselfe and the king , and the people , by a like law to serve god , and here be not two parts , but three ; the high priest , the king , the people , if this example prove any thing . . both king and people shall finde the revenging hand of god against them , if they faile in the breach of their oath ; but with this difference , and every one of the two , king and people by the oath stand obliged to god , the king for himselfe , and the people for themselves , but with this difference , the king oweth to god proper and due obedience as any of the subjects , and also to governe the people according to gods true religion , deut. . chro. . and in this the kings obligation differeth from the peoples obligation , the people , as they would be saved must serve god , and the king for the same cause , sam. . but besides this , the king is obliged to rule and governe the people , and keepe them in obedience to god ; but the people is not obliged to governe the king , and keepe him in obedience to god , for then the people should have as great power of jurisdiction over the king , as the king hath o-over the people , which is against the word of god , and the examples of the kings of iudah ; but this commeth not from any promise or covenant that the king hath made with the people , but from a peculiar obligation whereby he is obliged to god as a man , not as a king. this is the mystery of the businesse , but i oppose this in these assertions . . assert . as the king is obliged to god for the maintenance of true religion , so are the people and princes no lesse in their place obliged to maintaine true religion , for . the people are rebuked because they burnt incense in all high places , king. . . chron. . . hos. . . and the reason why the high places are not taken away , chro. . . is given , for as yet the people had not prepared their heart unto the god of their fathers ; but you will reply , elicite acts of maintenance of true religion are commanded to the people , and that the places prove ; but the question is de actibus imperatis , of commanded acts of religion , sure none but the magistrate is to command others to worship god according to his word . i answer , in ordinary only , magistrates ( not the king only ) but all the princes of the land , and iudges are to maintaine religion by their commandements , deut. . . chro. . . deut. . . eccles. . . hab. . . mic. . . zach. . . hos. . . . and to take care of religion ; but when the iudges decline from gods way , and corrupt the law , we finde the people punished and rebuked for it , ier. . . and i will cause them to be removed to all kingdomes of the earth , because of manasseh the sonne of hezekiah king of iudah , for that which he did in ierusalem , sam. . . only feare the lord — . but if yee doe still wickedly , yee shall be consumed , both yee and your king. and this case i grant is extraordinary , yet so as iunius brutus proveth well and strongly , that religion is not given only to the king , that he only should keepe it , but to all the inferiour iudges and people also in their kind ; but because the estates never gave the king power to corrupt religion , and presse a false and idolatrous worship upon them , therefore when the king defendeth not true religion , but presseth upon the people a false and idolatrous religion , in that they are not under the king , but are presumed to have no king catenus so farre , and are presumed to have the power in themselves , as if they had not appointed any king at all : as if we presume the body had given to the right hand a power to ward off strokes , and to defend the body , if the right hand should by a palsie , or some other disease become impotent , and be withered up ; when ill is comming on the body , it is presumed that the power of defence is recurred to the left hand , and to the rest of the body to defend it selfe , in this case as if the body had no right hand , and had never communicated any power to the right hand at all . so if an incorporation accused of treason , and in danger of the sentence of death , shall appoint a lawyer to advocate their cause , and to give in their just defences to the iudge ; if their advocate be stricken with dumbnesse , because they have losed their legall and representative tongue , none can say that this incorporation hath loosed the tongues that nature hath given them , so as by natures law they may not plead in their own just & lawfull defence , as if they had never appointed the foresaid lawyer to plead for them . the king , as a man , is not more obliged to the publick and regall defence of the true religion , then any other man of the land ; but he is made by god and the people king , for the church and people of god's sake , that he may defend true religion , for the behalfe and salvation of all . if therefore he defend not religion for the salvation of the soules of all in his publick and royall way , it is presumed as undeniable , that the people of god , who by the law of nature are to care for their own soule , are to defend in their way , true religion , which so nearly concerneth them and their eternall happinesse . assert . when the covenant is betwixt god , on the one part , and the king , priests , and people on the other part , it is true , if the one performe for his part to god , the whole duty , the other is acquitted ; as if two men be indebted to one man ten thousand pounds , if the one pay the whole summe , the other is acquitted : but the king and people are not so , contracting parties in covenant with god , as that they are both indebted to god for one and the same sum of compleat obedience , so as if the king pay the whole summe of obedience to god , the people is acquitted ; and if the people pay the whole summe , the king is acquitted : for every one standeth obliged to god for himselfe ; for the people must doe all that is their part , in acquitting the king from his royall duty , that they may free him and themselves both from punishment , if he disobey the king of kings : nor doth the kings obedience acquit the people from their duty . and arnisaeus dreamed ▪ if he believed that we make king and people this way partie contracters in covenant with god. nor can two co-partners in covenant with god , so mutually compell one another to doe their duty ; for we hold , that the covenant is made betwixt the king and the people , betwixt mortall men ; but they both bind themselves before god to each other . but , saith arnisaeu● , it belongeth to a pretor or ruler , who is above both king and people , to compell each of them ; the king to performe his part of the covenant to the people , and the people to performe their part of the covenant to the king. now there is no ruler but god , above both king and people . but let me answer : the consequence is not needfull , no more then when the king of iudah and the king of israel make a covenant to perform mutuall duties one to another : no more then it is necessarie that there should be a king and superior ruler above the king of israel and the king of iudah , who should compell each one to doe a duty to his fellow king ; for the king and people are each of them above , and below others in divers respects : the people , because they create the man king , they are so above the king , and have a virtuall power to compell him to doe his duty : and the king , as king , hath an authoritative power above the people , because royaltie is formally in him , and originally and virtually only in the people ; therefore may he compell them to their duty , as we shall heare anon ; and therefore there is no need of an earthly ruler higher then both , to compell both . assert . we shall hereafter prove the power of the people above the king , god willing . and so it is false that there is not mutuall coactive power on each side . assert . the obligation of the king in this covenant , floweth from the peculiar obligation nationall betwixt the king and the estates , and it bindeth the king , as king , and not simply as he is a man. . because it is a covenant betwixt the people and david , not as he is the sonne of jesse , for then it should oblige eliab , or any other of davids brethren ; yea , it should oblige any man , if it oblige david as a man : but it obl●geth david as a king , or as he is to be their king , because it is the specifice act of a king , that he is obliged unto , to wit , to governe the people in righteousnesse and religion with his royall power . and so it is false that arnisaeus saith , that the king , as a man , is obliged to god by this covenant , not as a king. . he saith , by covenant the king is bound to god as a man , not as a king. but so the man will have the king , as king , under no law of god , and so he must either be above god , as king , or coequall with god ; which are manifest blasphemies : for i thought ever , the royalists had not denyed , but the king , as king , had been obliged to keep his oath to his subjects , in relation to god , and in regard of naturall obligation ; so as he sinneth before god , if he breake his covenant with his people : though they deny that he is obliged to keep his covenant in relation to his subjects , and in regard of politique or civill obligation to men . sure i am , this the royalists constantly teach . . he would have this covenant so made with men , as it obligeth not the king to men , but to god. but the contrary is true . beside the king and the peoples covenant with the lord , king joash made another covenant with the people , and jehoiada the priest was only a witnesse , or one who in gods name performed the rite of annointing , otherwise he was a subject on the peoples side , obliged to keep allegiance to joash , as to his soveraigne and master . but certainly , who ever maketh a covenant with the people , promising to governe them according to gods word , and upon that condition and these termes receiveth a throne and crown from the people , he is obliged to what he promiseth to the people , omnis promittens facit alteri , cui promissio facta est , jus in promittentem ; who ever maketh a promise to another , giveth to that other a sort of right or jurisdiction to challenge the promise . the covenant betwixt david and israel were a shadow , if it tye the people to allegiance to david as their king , and if it tye not david as king to govern them in righteousnesse ; but leave david loose to the people , and only tye him to god ; then it is a covenant betwixt david and god only : but the text saith , it is a covenant betwixt the king and the people , king. . . sam. . . hence our second argument . he who is made a minister of god , not simply , but for the good of the subject ; and so he take heed to walk in gods law as a king , and governe according to gods will , he is in so far only made king by god , as he fulfilleth the condition ; and in so far as he is a minister for evill to the subject , and ruleth not according to that which the book of the law commandeth him as king , in so far he is not by god appointed king and ruler , and so must be made a king by god conditionally : but so hath god made kings and rulers , rom. . . chron. . . ps. . , . sam. . . chron. . , , . this argument is not brought to prove that jeroboam or saul leave off to be kings , when they faile in some part of the condition ; or as if they were not gods vicegerents to be obeyed in things lawfull , after they have gone on in wicked courses : for , the people consenting to make saul king , they give him the crown , pro hac vice , at his entry , absolutely : there is no condition required in him before they make him king , but only that he covenant with them to rule according to gods law : the conditions to be performed , are consequent , and posterior to his actuall coronation , and his sitting on the throne . but the argument presupposing that which the lords word teacheth , to wit , that the lord and the people giveth a crown by one and the same action ; for god formally maketh david a king by the princes and elders of israels choosing of him to be their king at hebron ; and therefore seeing the people maketh him a king covenant-wise , and conditionally , so he rule according to gods law , and the people resigning their power to him for their safety , and for a peaceable and godly life under him , and not to destroy them , and tyrannize over them ; it is certain god giveth a king that same way , by that same very act of the people ; and if the king tyrannize , i cannot say it is beside the intention of god making a king , nor yet beside his intention as a just punisher of their transgressions ; for to me as i conceive , nothing either good or evill falleth out beside the intention of him , who doeth all things according to the pleasure of his will ; if then the people make a king as a king conditionally for their safety , and not for their destruction ( for as a king he saveth , as a man he destroyeth , and not as a king and father ) and if god by the peoples free election make a king , god maketh him a king conditionally , and so by covenant ; and therefore when god promiseth sam. . . chron. . , , . to davids seed , and to solomon a throne , he promiseth not a throne to them immediatly , as he raised up prophets and apostles , without any mediate action and consent of the people , but he promiseth a throne to them by the mediate consent , election , and covenant of the people ; which condition and covenant he expresseth in the very words of the people , covenant with the king , so they walke as kings in the law of the lord , and take heed to gods commandements and statutes to doe them ▪ obj. but then solomon falling in love with many outlandish women , and so not walking according to gods law , loseth all royall dignity and kingly power , and the people is not to acknowledge him as king , since the kingly power was conferred upon him , rather then adonijah , upon such a condition , which condition not being performed by him , it is presumed that neither god , nor the people under god , as gods instruments in making king , conferred any royall power on him . ans. it doth not follow , that solomon falling in love with strange women doth lose royall dignity , either in the court of heaven , or before men ; because the conditions of the covenant upon which god by the people made him king must be exponed by the law , deut. . now that cannot beare , that any one act contrary to the royall office , yea that any one or two acts of tyranny doth denude a man of the royall dignity that god and the people gave him , for so david committing two acts of tyranny , one of taking his owne faithfull subjects wife from him , and another in killing himselfe , should denude himselfe of all the kingly power that he had , and that therefore the people after his adultery and murther were not to reknowledge david as their king , which is most absurd ; for as one single act of unchastity is indeed against the matrimoniall covenant , and yet doth not make the woman no wife at all , so it must be such a breach of the royall covenant , as maketh the king no king , that anulleth the royall covenant , and denudeth the prince of his royall authority and power , that must be interpreted a breach of the oath of god , because it must be such a breach upon supposition , whereof the people would not have given the crowne , but upon supposition of his destructivenesse to the common-wealth , they would never have given to him the crowne . obj. . yet at least it will follow , that saul after he is rejected of god for disobedience , in not destroying the amalekites , as samuel speaketh to him , sam. . is no longer to be acknowledged king by the people , at least after he committeth such acts of tyranny , as are . sam. . , , , . &c. and after he had killed the priests of the lord , and persecuted innocent david without cause , he was no longer either in the court of heaven , or the court of men to be acknowledged as king , seeing he had manifestly violated the royall covenant made with the people , sam. . v. , . and yet after those breaches david acknowledgeth him to be his prince , and the lords annoynted . ans. the prophet samuel his threatning , sam. . is it not exponed of actuall unkinging and rejecting of saul at the present ; for after that , samuel both honoured him as king before the people , and prayed for him , and mourned to god on his behalfe as king , sam. . . . but the threatning was to have effect in gods time , when he should bring david to the throne , as was prophesied , upon occasion of lesse sinne , even his sacrificing and not waiting the time appointed , as god had commanded , sam. . v. , . . the people and davids acknowledgment of saul to be the lords annoynted , and a king , after he had committed such acts of tyranny as seeme destructive of the royall covenant , and inconsistent therewith , cannot prove that saul was not made king by the lord , and the people , conditionally , and that for the peoples good and safety , and not for their destruction ; and it doth well prove that those acts of blood and tyranny committed by saul , were not done by him as king , or from the principle of royall power given to him by god and the people . . that in these acts they were not to acknowledge him as king. . that these acts of blood were contrary to the covenant that saul did sweare at his inauguration , and contrary to the conditions that saul in the covenant tooke on him to perform at the making of the royall covenant . . they prove not but the states who made saul king , might lawfully dethrone him , and annoint david their king. but david had reason to hold him for his prince , and the lords anointed , so long as the people recalled not their grant of royall dignity , as david or any man is obliged to honour him as king whom the people maketh king , though he were a bloodier and more tyrannous man then saul . any tyrant standeth in titulo , so long as the people and estates who made him king , have not recalled their grant ; so as neither david , nor any single man , though six hundred with him , may unking him , or detract obedience from him as king ; so , many acts of disloyaltie , and breachcs of lawes in the subjects , though they be contrary to this covenant that the states make with their prince , doth not make them to be no subjects : and the covenant mutuall standeth thus . arg. if the people as gods instruments , bestow the benefit of a crown on their king , upon condition that he will rule them according to gods word ; then is the king made king by the people conditionally : but the former is true ; ergo , so is the latter . the assumption is proved thus : because to be a king , is to be an adopted father , tutor , a politick servant and royall watchman of the state ; and the royall honour , and royall maintenance given to him , is a reward of his labours , and a kingly hire . and this is the apostles argument , rom. . . for this cause pay you tribute also ; ( there is the wages ) for they are gods ministers , attending continually upon this very thing ; there is the worke . qui non implet conditionem à se promissam , cadit beneficio . it is confirmed thus . the people either maketh the man their prince conditionally , that he rule according to law ; or absolutely , so that he rule according to will or lust : or , . without any vocall transactions at all , but only brevi manu , say , reigne thou over us , and , ( god save the king. ) and so there be no conditions spoken on either side ; or , . the king is obliged to god for the condition which he promiseth by oath to performe toward the people ; but he is to make no reckoning to the people , whether he performe his promise or no ; for the people being inferiour to him , and he , solo deo minor , only next and immediate to god , the people can have no jus , no law over him by vertue of any covenant . but the first standing , we have what we seeke ; the second is contrary to scripture . he is not deut. . , . made absolutely a king to rule according to his will and lust ; for , [ reigne thou over us ] should have this meaning ; come thou and play the tyrant over us , and let thy lust and will be a law to us : which is against naturall sense : nor can the sense and meaning be according to the third , that the people without any expresse , vocall , and positive covenant , give a throne to their king to rule as he pleaseth ; because , . it is a vain thing for the prelate and other mancipia aulae , court-bellies , to say scotland and england must produce a written authentick covenant betwixt the first king and their people , because , say they , it s the lawes word , de non apparentibus & non existentibus eadem lex ; that covenant which appeareth not , it is not . for in positive covenants that is true , and in such contracts as are made according to the civill or municipall lawes , or the secondary law of nations : but the generall covenant of nature is presupposed in making a king , where there is no vocall or written covenant , if there be no conditions betwixt a christian king and his people , then those things which are just and right according to the law of god , and the rule of god in moulding the first king , are understood to regulate both king and people , as if they had been written : and here we produce our written covenant , deut. . . josh. . , . chr. , . . because this is as much against the king as the people , and more ; for if the first king cannot bring forth his written and authentick tables to prove that the crown was given to him and his heires , and his successors absolutely and without any conditions , so as his will shall be a law , cadit causa , he loseth his cause ( say they ) the king is in possession of the royall power absolutely , without any condition , and you must put him from his possession by a law . i answer , this is most false ; . though he were in mala fide , and in unjust possession , the law of nature will warrant the people to repeal their right , and plead for it , in a matter which concerneth their heads , lives , and soules . . the parliaments of both kingdomes standing in possession of a nomothetick power to make lawes , proveth cleerely that the king is in no possession of any royall dignitie conferred absolutely and without any condition upon him : and therefore it is the kings part by law to put the estates out of possession . and so though there were no written covenant , the standing law and practice of many hundreth acts of parliament , is equivalent to a written covenant . . when the people appointeth any to be their king , the voyce of nature exponeth their deed , though there be no vocall or written covenant ; for that fact of making a king , is a morall lawfull act warranted by the word of god , deut. . , . rom. . . . and the law of nature : and therefore they having made such a man their king , they have given him power to be their father , feeder , healer , protector ; and so must only have made him king conditionally , so he be a father , a feeder , and tutor . now if this deed of making a king , must be exponed to be an investing with an absolute , and not a conditionall power ; this fact shall be contrary to scripture , and to the law of nature : for if they have given him royall power absolutely , and without any condition , they must have given to him power to be a father , protector , tutor , and to be a tyrant , a murtherer , a bloody lyon to waste and destroy the people of god. . the law permitteth the bestower of a benefit to interpret his own mind in the bestowing of a benefit , even as a king and state must expone their own commission given to their ambassadour , so must the estates expone whether they bestowed the crown upon the first king conditionally or absolutely . for the th . if it stand , then must the people give to their first elected king a power to wast and destroy themselves , so as they may never controle it , but only leave it to god and the king to reckon together , but so the condition is a chimera ( we give you a throne , upon condition you swear by him who made heaven and earth , that you will govern us according to gods law ; and you shall be answerable to god only , not to us , whether you keep the covenant you make with us , or violate it ; ) but how a covenant can be made with the people , and the king obliged to god , not to the people , i conceive not . . this presupposeth that the king as king cannot doe any sin , or commit any act of tyranny against the people , but against god only ; because if he be obliged to god only as a king by vertue of his covenant : how can he faile against an obligation where there is no obligation ? but as a king he owe no obligation of duty to the people , and indeed so doe our good men expound that psal. . against thee , thee only have i sinned , not against vriah ; for if he sinned not as king against vriah , whose life he was obliged to conserve as a king , he was not obliged as a king by any royall duty to conserve his life . where there is no sin , there is no obligation not to sin , and where there is no obligation not to sin , there is no sin . by this the king as king is loosed from all duties of the second table , being once made a king , he is above all obligation to love his neighbour as himselfe , for he is above all his neighbours , and above all mankind , and only lesse then god. . arg. if the people be so given to the king , that they are committed to him as a pledge , oppignorated in his hand , as a pupill to a tutor , as a distressed man to a patron , as a flocke to a shepheard ; and so as they remaine the lords church , his people , his flocke , his portion , his inheritance , his vineyard , his redeemed ones , then they cannot be given to the king as oxen and sheepe , that are freely gifted to a man ; or as a gift or summe of gold or silver , that the man to whom they are given may use , so that he cannot commit a fault against the oxen , sheepe , gold or mony , that is given to him , how ever he shall dispose of them . but the people are given to the king to be tutored and protected of him , so as they remaine the people of god , and in covenant with him , and if the people were the goods of fortune ( as heathens say ) he could no more sinne against the people then a man can sin against his gold ; now though a man by adoring gold , or by lavish profusion and wasting of gold may sin against god , yet not against gold ; nor can he be in any covenant with gold , or under any obligation of either duty or sin to gold , or to livelesse and reasonlesse creatures properly , therefore he may sin in the use of them , and yet not sin against them , but against god. hence of necessity the king must be under obligation to the lords people in another manner , then that he should only answer to god , for the losse of men , as if men were worldly goods under his hand , and as if being a king he were now by this royall authority priviledged from the best halfe of the law of nature , to wit , from acts of mercy , and truth , and covenant keeping with his brethren . . arg. if a king because a king were priviledged from all covenant obligation to his subjects , then could no law of men lawfully reach him for any contract violated by him , then he could not be a debtor to his subjects , if he borrowed mony from them , and it were utterly unlawfull either to crave him mony , or to sue him at law for debts , yet our civill lawes of scotland tyeth the king to pay his debts , as any other man ; yea and king solomons traffiquing , and buying and selling betwixt him and his owne subjects would seeme unlawfull ; for how can a king buy and sell with his subjects if he be under no covenant obligation to men , but to god only . yea then a king could not marry a wife , for he could not come under a covenant to keepe his body to her only , nor if he committed adultery , could he sin against his wife , because being immediate unto god , and above all obligation to men , he could sin against no covenant made with men , but only against god. . if that was a lawfull covenant made by asa , and the states of iudah , chron. . . that whosoever would not seeke the lord god of their fathers , should be put to death , whether small or great , whether man or woman : this obligeth the king for ought i see , and the princes , and the people , but it was a lawfull covenant , ergo the king is under a covenant to the princes and iudges , as they are to him ; it is replyed , if a master of a schoole should make a law , whoever shall goe out at the schoole doores without liberty obtained of the master , shall be whipped , it will not oblige the schoole-master that he shall be whipped , if he goe out at the schoole doores without liberty ; so neither doth this law oblige the king the supreame law-giver . ans. suppose that the schollars have no lesse hand and authority magisteriall in making the law , then the schoole-master , as the princes of iudah had a collaterall power with king asa about that law ; it would follow , that the schoole-master is under the same law . . suppose going out at schoole doores were that way a morall neglect of studying in the master , as it is in the scholars , as the not seeking of god is as hainous a sinne in king asa , and no lesse deserving death then it is in the people ; then should the law oblige schoolmaster and scholler both without exception . . the schoolemaster i● clearely above all lawes of discipline which he imposeth on his scholars , but none can say that king asa was clearely above that law of seeking of the lord god of his fathers . diodorus siculus , l. . saith , the kings of persia were under an oath , and that they might not change the lawes ; and so were the kings of egypt and ethiopia . the kings of sparta , which aristotle calleth just kings , renew their oath every moneth . romulus so covenanted with the senate and people . carolus v. austriacus , sweareth he shall not change the lawes , without the consent of the electors , nor make new lawes , nor dispose or impledge any thing that belongeth to the empire . so read we , spec. saxon. l. . act. . and xenophon cyriped . l. . saith , there was a covenant between cyrus and the persians . the nobles are crowned when they crown their king , and exact a speciall oath of the king. so doth england , polonia , spaine , arragonia , &c. alberi . gentilis . hug. grotius , prove that kings are really bound to performe oathes and contracts to their people ; but notwithstanding there be such a covenant , it followeth not from this , saith arnisaeus , that if the prince breake his covenant and rule tyrannically , the people shall be free , and the contract or covenant nothing . ans. the covenant may be materially broken , while the king remaineth king , and the subjects remaine subjects , but when it is both materially and formally declared by the states to be broken , the people must be free from their allegiance ; but of this more hereafter . arg. . if a master bind himselfe by an oath to his servant , he shall not receive such a benefit of such a point of service ; if he violate the oath , his oath must give his servant law and right , both to challenge his master , and he is freed from that point of service ; an army appointeth such a one their leader and captaine , but they refuse to doe it , except he sweare he shall not betray them to the enemy , he doth betray them , then must the souldiers be loosed from that contract ; if one be appointed pilate of a ship , and not but by an oath , if he sell the passengers to the turke , they may challenge the pilate of his oath ; and it is cleare that . the estates should refuse to give the crown , to him who would refuse to governe them according to gods law , but should professe that he would make his owne will a law , therefore the intention of the oath is clearely conditionall . . when the king sweareth the oath , he is but king in fieri , and so not as king above the states of kingdomes , now his being king doth not put him in a case above all civill obligation of a king to his subjects , because the matter of the oath is , that he shall be under them so farre , in regard of the oath of god. arg. . if the oath of god made to the people doe not bind him to the people to governe according to law , and not according to his will and lust , it should be unlawfull for any to sweare such an oath , for if a power above law agree essentially to a king as a king , as royalists hold , he who sweareth such a oath , should both sweare to be a king to such a people , and should sweare to be no king in respect by his oath he should renounce that which is essentiall to a king. arnisaeus objecteth ; ex particularibus non potest colligi conclusio universalis , some few of the kings , as david & ioash , made a covenant with the people ; it followeth not that this was a universall law . ans. yea , the covenant is deut. . and must be a rule to all ; if so just a man as david was limited by a covenant , then all the rest also . quest . xv. whether or no the king be vnivocally , or only analogically , and by proportion a father ? it is true , aristotle polit. l. . c. . saith , that the kingly power is a fatherly power ; and iustin. novell . c. . pater quamvis legum contemptor , quamvis impius sit , tamen pater est . but i doe not beleeve that , as royalists say , that the kingly power is essentially and univocally that same with a paternall or fatherly power ; or that adam as a father , was as a father and king , and that suppose adam should live in noahs daies , that by divine institution and without consent of the kingdomes and communities on earth , adam hoc ipso , and for no other reason but because he was a father , should also be the universall king , and monarch of the whole world ; or suppose adam were living to this day ; that all kings that hath been since , and now are , held their crownes of him , and had no more kingly power then inferiour iudges in scotland have under our soveraigne king charles , for so all that hath been , and now are lawfull kings should be unjust usurpers ; for if fatherly power be the first and native power of commanding , it is against nature that a monarch who is not my father by generation , should take that power from me , and be a king over both me and my children . but i assert , that though the word warrant us to esteem kings fathers , esa. . . jud. . . gen. . v. . yet are not they essentially and formally fathers by generation , num. c. . v. . have i conceived all this people ? have i begotten them ? and yet are they but fathers metaphorically ; . by office , because they should care for them as fathers doe for children , and so come under the name of fathers in the fifth commandement ; and therefore rigorous and cruell rulers are leopards and lyons , and wolves , ezech. . . zeph. . . if then tyrannous judges be not essentially and formally leopards and lyons , but only metaphorically , neither can kings be formally fathers . . not only kings , but all iudges are fathers in defending their subjects from violence and the sword , and fighting the lords battells for them , and counselling them . if therefore royalists argue rightly , a king is essentially a father , and , fatherly power and royall power are of the same essence and nature ; as therefore he who is once a father , is ever a father , and his children cannot take up armes against him to resist him , for that is unnaturall , & repugnant to the . commandement : so he who is once a king , is evermore a king , and it is repugnant to the fifth commandement to resist him with armes . it is answered , that the argument presupposeth that royall power , and fatherly power is one and the same in nature , whereas they differ in nature , and are only one by analogie and proportion : for so pastors of the word are called fathers , cor. . . it will not follow , that once a pastor , evermore a pastor ; and that if therefore pastors turne wolves , and by hereticall doctrine corrupt the flock , they cannot be cast out of the church . . a father , as a father , hath not power of life and death over his sonnes , because , rom. . by divine institution the sword is given by god to kings and iudges : and if adam had had any such power to kill his sonne cain , for the killing of his brother abel , it had been given to him by god as a power politike , different from a fatherly power : for a fatherly power , as such , is formally to conserve the life of the childaen , and not to take away the life : yea , and adam , though he had never sinned , nor any of his posteritie , adam should have been a perfect father , as he is now indued with all fatherly power that any father now hath ; yea should not god have given the sword or power of punishing ill doers , since that power should have been in vaine , if there had been no violence , nor bloodshed , or sinne on the earth : for the power of the sword and of lawfull warre , is given to men now in the state of sinne . . fatherly government and power is from the bosome and marrow of that fountaine law of nature ; but royall power is not from the law of nature , more then aristocraticall or democraticall power . d. ferne saith , monarchie is not jure divino , ( i am not of his mind ) nor yet from the law of nature , but , ductu naturae , by the guidance of nature . sure it is from a supervenient commandement of god , added to the first law of nature , establishing fatherly power . . children having their life and first breathings of nature from their parents , must be in a more intire relation from their father , then from their prince : subjects have not their being naturall , but their civill , politique and peaceable well-being from their prince . . a father is a father by generation , and giving the being of nature to children , and is a naturall head and root , without the free consent and suffrages of his children , and is essentially a father to one childe , as adam was to one cain : but a prince is a prince by the free suffrages of a community , and cannot be a king to one only , and he is the politique head of a civill corporation . . a father , so long as his children liveth can never leave off to be a father , though he were mad , and furious , though he be the most wicked man on earth . qui genuit filium non potest non genuisse filium , what is once past cannot by any power be not passed , a father is a father for ever . but by confession of royalists , as barclay , hug. grotius , and arnisaeus and others grant , if a king sell his subjects by sea or land to other nations , if he turne a furious nero , he may be dethroned , and the power that created the king under such expresse conditions , as if the king violate them by his owne consent , he shall be put from the throne , may cease to be a king , and if a stronger king conquer a king and his subjects , royalists say the conquerour is a lawfull king ; and so the conquered king must also lawfully come downe from his throne , and turne a lawfull captive sitting in the dust . . learned polititians , as bartholomeus romulus , defens . part . . num . . ioannes de anania in c. fin . de his qui fil . occid . teach that the father is not obliged to reveale the conspiracy of his son against his prince , nor is he more to accuse his son , then to accuse himselfe ; because the father loveth the sonne better then himselfe . d. listi quidem . sect. fin. quod . met . caus . & d. l. fin . c. de cura furiosi , and certainly a father had rather dye in his own person as choose to dye in his sonnes , in whom he affecteth a sort of immortality , in specie , quando non potest in individuo : but a king doth not love his subjects with a naturall or fatherly love thus ; and if the affections differ , the power which secondeth the affection , for the conservation either of being , or well being , must also differ proportionally . the p. prelate objecteth against us thus , stealing word by word from arnisaeus : when a king is elected soveraigne to a multitude , he is surrogated in the place of a common father , exod. . . honour thy father ; then as a naturall father receiveth not paternall right , power , or authority from his sonnes , but hath this from god , and the ordinance of nature , nor can the king have his right from the community . . the maxime of the law is , surrogatus gaudet privilegiis ejus cui surrogatur , & qui succedit in locum , succedit in jus . the person surrogated , hath all the priviledges that he hath , in whose place he succeedeth , he who succeedeth to the place , succeedeth to the right ; the adopted sonne , or the bastard who is legittimated , and commeth in the place of the lawfull borne sonne , commeth also in the priviledges of the lawfull borne sonne ; a prince elected commeth to the full possession of the majesty of a naturall prince and father , for modus acquirendi non tollit naturale jus possidendi ( saith arnisaeus , more fully then the poore plagiarius ) the manner of acquiring any thing taketh not away the naturall possession , for how ever things be acquired , if the title be just , possession is the law of nations ; then when the king is chosen in place of the father , as the father hath a divine right by nature , so must the king have that same : and seeing the right proprietor ( saith the pamphleting prelate ) had his right by god , by nature , how can it be , but howsoever the designation of the person is from the disordered community , yet the collation of the power is from god immediatly , and from his sacred and inviolable ordinance . and what can be said against the way by which any one elected obtained his right , for seeing god doth not now send samuells or elisha's to anoynt or declare kings , we are in his ordinary providence to conceive the designation of the person is the manifestation of gods will , called voluntas signi , as the schooles speake , just so as when the church designeth one to sacred orders . ans. . he that is surrogated in the place of another , due to him , by a positive law of man , he hath law to all the priviledges that he hath in whose place he is surrogated , that is true . he who is made assignee to an obligation for a summe of money , hath all the rights that the principall party to whom the bond or obligation was made , he who commeth in the place of a major of a city , of a captaine in an army , of a pilot in a ship , of a pope , hath all the priviledges and rights that his predecessors had by law. jus succedit juri , persona jure predita personae jure preditae . so the law , so far as my reading can reach , who professe my selfe a divine ; but that he who succeedeth to the place of a father , by nature , should injoy all the naturall rights and priviledges of the person to whom he succeedeth ; i beleeve the law never dreamed it , for then the adopted sonne comming in place of the naturall sonne , hath right to the naturall affection of the father ; if any should adopt maxwell the prelate , should he love him as the pursevant of craile , maxwell his father loved him ? i conceive not ; hath the adopted sonne his life , his being , the figure bodily , the manners of the sonne in whose place he is adopted ? or doth he naturally resemble the father as the naturall sonne doth ? the prelate did not read this law in any approved iurist , though he did steale the argument from arnisaeus , and stole the citations of homer and aristotle out of him , with a little metathesis : a naturall sonne is not made a sonne by the consent of parents , but he is a sonne by generation , so must the adopted sonne be adopted without the free consent and grace of the father adopting : so here the king commeth in the place of a naturall father , but i conceive the law saith not that the elected king is a king without consent of the subjects , as the naturall father is a father without consent of his sonnes . . nor is it a law true , as once a father alwaies a father , so once an elected king , alwaies a king , though he sell his subjects , being induced thereunto by wicked counsellors . . if the king have no priviledges , but what the naturall father hath in whose place he commeth , then as the naturall father in a free kingdome hath not power of life and death over his sonnes , neither hath the king power of life and death over his subjects , this is no law. this maxime should prove good , if the king were essentially a father , by generation and naturall propagation , but he is onely a father metaphorically , and by a borrowed speech . a father non generando , sed politicò alendo , tuendo , regendo , therefore an elected prince commeth not in the full possession of all the naturall power and rights of a naturall father . . the p. prelate speaketh disgracefully of the church of god , calling it a disorderly community , as if he himselfe were borne of kings , where as god calleth the king their shepheard , and the people , gods stocke , inheritance and people ; and they are not a disorderly body by nature , but by sin ; in which sense the prelate may call king , priest and people , a company of heires of gods wrath , except he be an arminian still , as once he was . . if we are in ordinary providence now , because we have not samuels , and prophets to anoynt kings , to hold the designation of a person to be king , to be the manifestation of gods will , called voluntas signi , is treason , for if scotland and england should designe maxwell in the place of king charles our native soveraigne ( an odious comparison ) maxwell should be lawfull king for what is done by gods will , called by our divines ( they have it not from schoolemen , as the prelate ignorantly saith ) his signified will which is our rule , is done lawfully , there can be no greater treason put in print then this . quest . xvi . whether or no a despotiticall and masterly dominion of men and things , agree to the king , because he is king. i may here dispute whether the king be lord , having a masterly dominion both over men and things . but i first discusse shortly his dominion over his subjects . it is agreed on by divines , that servitude is a penall fruit of sinne , and against nature . institut . de jure personarum , sect. . & f. de statu hominum . l. libertas ; because all men are borne by nature of equall condition . assert . the king hath no proper , masterly , or herile dominion over his subjects : his dominion is rather fiduciary and ministeriall , than masterly . . because royall empire is essentially to feed , rule , defend , and to governe in peace and godlinesse , tim. . . as the father doth his children , ps. . . he brought him to feed iacob his people , and israel his inheritance , esa. . . i gave him for a leader and commander to the people , sam. . . thou shalt feed my people israel , sam. . . chron. . . chron. . . and so it is , for the good of the people , and to bring those , over whom he is a feeder and ruler , to such a happy end ; and , as saith althusius , polit . c. . n. . and marius salomonius , de princ . c. . it is to take care of the good of those over whom the ruler is set , and , conservare est , rem illaesam servare , to keep a thing safe . but to be a master , and to have a masterly and herile power over slaves and servants , is to make use of servants for the owners benefit , not for the good of the slave , l. , de leg . l. servus de servit . expert . danae polit . l. . tolossan . de rep. l. . c. . n. , . therefore are servants bought and sold as goods , jure belli . f. de statu hominum , l. & servorum . . not to be under governors and magistrates , is a judgement of god , esa. . , . esa. . . hos , . . iudg. . , . but not to be under a master , as slaves are , is a blessing , seeing freedome is a blessing of god , ioh. . . exod. . . v. , . deut. . . so he that killeth goliah , sam. . . his fathers house shall be free in israel , ier. . . act. . . cor. . . gal. . . . therefore the power of a king cannot be an herile and masterly power ; for then to be under a kingly power , should both be a blessing , and a curse and just punishment of sinne . . subjects are called the servants of the king , sam. . . chron. . . king. . . exod. . , . exod. . . but they are not slaves , because , deut. . . they are his brethren : that the kings heart be not lifted up against his brethren . and his sonnes , esa. . . and the lord gave his people a king as a blessing , king. . . hos. . . esa. . . ier. . . and brought them out of the house of bondage , exod. . v. . as out of a place of miserie . and therefore to be the kings servants , in the places cited , is some other thing then to be the kings slaves . . the master might in some cases sell the servant for money , yea for his own gain ●e might doe it , nehem. . . eccles. . . king. . . gen. . . gen. ● . . king. . . gen. . . and might give away his servants ; and the servants were the proper goods and riches of the master , eccles. . . gen. . . gen. . . job . . . . but the king may not sell his kingdome or subjects , or give them away for money , or any other way ; for royalists grant that king to be a tyrant , and worthy to be dethroned , who shall sell his people : for the king may not delapidate the rents of the crown , and give them away to the hurt and prejudice of his successors , l. ult . sect. sed nostr . c. comment . de lege , l. peto . . sect. fratrem de lege , . l. . ultimo . d. t. and farre lesse can he lawfully sell men , and give away a whole kingdome to the hurt of his successours , for that were to make merchandize of the living temples of the holy ghost . and arnisaeus , de authorit . princip . c. . n. . saith , servitude is praeter naturam , beside nature ; he might have said , contrary to nature , l. . de stat . homin . sect. . iust. de jur . perso . c. . & novel . . but the subjection of subjects is so consonant to nature , that it is seen in bees and cranes . therefore a dominion is defined a facultie of using of things to what uses you will. now a man hath not this way an absolute dominion over his beasts , to dispose of them at his will ; for a good man hath mercy on the life of his beast , prov. . . nor hath he dominion over his goods to use them as he will , because he may not use them to the dammage of the commonwealth , he may not use them to the dishonour of god ; and so god and the magistrate hath laid some bound on his dominion . and because the king being made a king , leaveth not off to be a reasonable creature , he must be under a law , and so his will and lust cannot be the rule of his power and dominion , but law and reason must regulate him . now if god had given to the king a dominion over men as reasonable creatures , his power and dominion which by royalists is conceived to be above law , should be a rule to men as reasonable men , which would make men under kings no better then bruit beasts ; for then should subjects exercise acts of reason , not because good and honest , but because their prince commandeth them so to doe ; and if this cannot be said , none can be at the disposing of kings in politick acts liable to royall government , that way that the slave is in his actions under the dominion of his master . the prelate objecteth out of spalato , arnisaeus , and hug. grotius , ( for in his booke there is not one line which is his own , except his raylings ) . all government and superioritie in rulers is not primely and only for the subjects good : for some are by god and nature appointed for the mutuall and inseperable good of the superiour and inferiour , as in the government of husband and wife , or father and sonne ; and in herili dominio , in the government of a lord and his servant , the good and benefit of the servant is but secondary and consecutively intended , it is not the principall end , but the externall and adventitious , as the gaine that commeth to a physitian , is not the proper and internall end of his art , but followeth only from his practice of medicine . ans. the prelates logick tendeth to this ; some government tendeth to the mutuall good of the superior and inferior , but royall government is some government , ergo nothing followeth from a major proposition , ex particulari affirmante , in prima figura . or of two particular propositions . . if it be thus formed , every maritall government , and every government of the lord and servant is for the mutuall good of the superiour and inferiour : but royall government is such , ergo &c. the assumption is false , and cannot be proved , as i shall anon cleare . . obj. solomon disposed of cabul , and gave it to hiram , ergo a conquered kingdome is for the good of the conquerour especially . ans. solomons speciall giving away some titles to the king of tyre , being a speciall fact of a prophet as well as a king , cannot warrant the king of england to sell england to a forraine prince , because william made england his owne by conquest ; which also is a most false supposition : and this he stole from hugo grotius , who condemneth selling of kingdomes . object . a man may render himselfe totally under the power of a master , without any conditions : and why may not the body of a people doe the like ? even to have peace and safety , surrender themselves fully to the power of a king ? a lord of great mannours may admit no man to live in his lands , but upon a condition of a full surrender of him , and his posterity to that lord . tacitus sheweth us it was so anciently amongst the germans , and the campanians surrendered themselves fully to the romans . answ. what compelled people may do to redeem their lives with losse of liberty , is nothing to the point ; such a violent conquerour who will be a father and a husband to a people , against their will , is not their lawfull king ; and that they may sell the liberty of their posteritie , not yet born , is utterly denied as unlawfull ; yea , a violentated father to me is a father , and not a father , and the posteritie may vindicate their own liberty given away unjustly , before they were born : qua omne regnum vi partum potest vi dissolvi . object . . but ( saith doct. fern ) these which are ours , and given away to another , in which there redoundeth to god by donation a speciall interest , as in things devoted to holy uses , though after they be abused , yet we cannot recall them . ergo , if the people be once forced to give away their liberty , they cannot recall it ; far lesse , if they willingly resign it to their prince . answ. this is not true , when the power is given for the conservation of the kingdom , and is abused for the destruction thereof , for a power to destruction was never given , nor can it by rationall nature be given . . mortifications given to religious uses by a positive law , may be recalled by a more divine and stronger law of nature , such as is this : i will have mercy and not sacrifice . suppose david of his own proper heritage , had given the shew-bread to the priests , yet when david and his men are famishing , he may take it back from them against their will. suppose christ man had bought the corns , and dedicated them to the altar , yet might he and his disciples eat the ears of corn in their hunger . the vessels of silver dedicated to the church , may be taken and bestowed on wounded souldiers . . a people free may not , and ought not totally surrender their liberty to a prince , confiding on his goodnesse ; . because liberty is a condition of nature , that all men are born with , and they are not to give it away , no not to a king , except in part , and for the better , that they may have peace and justice for it , which is better for them , hic & nunc . . if a people trusting in the goodnesse of their prince , inslave themselves to him , and he shall after turn tyrant ; a rash and temerarious surrender obligeth not , et ignorantia facit factum quasi involuntarium : ignorance maketh the fact some way unvoluntary ; for if the people had beleeved that a meek king would have turned a roaring lyon , they should not have resigned their liberty into his hand ; and therefore the surrender was tacitely conditionall to the king as meek , or whom they beleeved to be meek , and not to a tyrannous lord ; and therefore , when the contract is made for the utilitie of the one party , the law saith their place is for after wits , that men may change their minde , and resume their liberty , though if they had given away their liberty for money , they cannot recall it ; and if violence made the surrender of liberty , here is slavery , and slaves taken in war so soon as they can escape , and return to their own , they are free . d. sect. item . ea justit . de rerum divin . l. nihil . f. de capt . l. . so the learned ferdin . vasquez illustri . l. . c. . n. . saith , the bird that was taken , and hath escaped , is free ; nature in a forced people , so soon as they can escape from a violent conqueror maketh them a free people ; and si solo tempore ( saith ferd. vasquez , l. . c. . n. . ) justificatur subjectio , solo tempore facilius justificabitur liberatio . assert . . all the goods of the subjects belongeth not to the king : i presuppose , that the division of goods doth not necessarily slow from the law of nature , for god made man before the fall , lord of the creatures indefinitely ; but what goods be peters , and not pauls , we know not . but supposing mans sin , though the light of the sun and air be common to all , and religious places be proper to none , yet it is morally unpossible , that there should not be a distinction of meum & tuum , mine and thine : and the decalogue forbidding theft , and coveting the wife of another man , ( yet is she the wife of peter , not of thomas by free election , not by an act of natures law ) doth evidence to us , that the division of things is so far forth , ( men now being in the state of sin ) of the law of nature , that it hath evident ground in the law of nations ; and thus farre naturall , that the heat that i have from my own coat and cloak , and the nourishment from my own meat , are physically incommunicable to any * . but i hasten to prove the proposition : if . i have leave to premit , that in time of necessitie all things are common by gods law : a man travelling , might eat grapes in his neighbours vineyard , though he was not licenced to carry any away . i doubt if david wanting money , was necessitated to pay money for the shew-bread , or for goliahs sword , supposing these to be the very goods of private men , and ordinarily to be bought and sold : natures law in extremity , for self preservation , hath rather a prerogative royall above all laws of nations , and all civill laws then any mortall king ; and therefore by the civill law , all are the kings , in case of extreme necessity ; in this meaning , any one man is obliged to give all he hath for the good of the common-wealth , and so far the good of the king , in as farre as he is head and father of the common-wealth * . . all things are the kings , in regard of his publike power , to defend all men , and their goods from unjust violence . . all are the kings in regard of his act of conservation of goods , for the use of the just owner . . all are the kings in regard of a legall limitation , in case of a dammage , offered to the common-wealth , justice requireth confiscation of goods for a fault ; but confiscated goods are to help the interessed common-wealth , and the king , not as a man ( to bestow them on his children ) but as a king ; to this we may referre these called bona caduca & inventa , things losed by shipwrack , or any other providence , vlpian . tit . . t. c. de bonis vacantibus . c. de thesauro . and the reasons why private men are just lords and proprietors of their own goods , are , . because by order of nature , division of goods cometh neerer to natures law , and necessity , then any king or magistrate in the world ; for because it is agreeable to nature , th●● every man be warmed by his own fleece , nourished by his own meat ; therefore to conserve every mans goods to the just owner , and to preserve a communitie from the violence of rapine and theft , a magistrate and king was devised . so it is clear , men are just owners of their own goods , by all good order , both of nature and time , before there be any such thing as a king or magistrate . now if it be good that every man enjoy his own goods , as just proprietor thereof for his own use , before there be a king , who can be proprietor of his goods , and a king being given of god for a blessing , not for any mans hurt and losse ; the king cometh in to preserve a mans goods , but not to be lord and owner thereof himself , nor to take from any man gods right to his own goods . . when god created man at the beginning , he made all the creatures for man , and made them by the law of nature , the proper possession of man , but then there was not any king formally as king ; for certainly adam was a father before he was a king , and no man being either born , or created a king over an other man , no more then the first lyon , and the first eagle , that god created , were by the birth-right , and first-start of creation , by nature , the king of all lyons , and all eagles to be after created ; no man can by natures law , be the owner of all goods of particular men : and because the law of nations founded upon the law of nature , hath brought in meum & tuum , mine and thine , as proper to every particular man , and the introduction of kings cannot overturn natures foundation ; neither civility , nor grace destroyeth , but perfiteth nature : and if a man be not born a king , because he is a man , he cannot be born the possessour of my goods . . what is a character , and note of a tyrant , and an oppressing king as a tyrant , is not the just due of a king as a king : but to take the proper goods of subjects , and use them as his own , is a proper character , and note of a tyrant , and an oppressour . ergo , the proposition is evident . a king and a tyrant are by way of contradiction contrary one to another : the assumption is proved thus , ezek. . . thus saith the lord , let it suffice you , o princes of israel : remove violence and spoil , and execute judgement and justice , take away your exactions from my people , saith the lord , vers. . ye shall have just ballances , and a just ephah , and a just bath . if all be the kings , he is not capable of extortion and rapine , micah . . god complaineth of the violence of kings : is it not for you to know judgement ? vers. . who eat the flesh of my people , and flea their skins from off them , and they break their bones , and chop them in pieces , as for the pot , and as flesh within the chaldron , isai. . . zeph. . . and was it not an act of tyranny in king achab , to take the vineyard of naboth , and in king saul ? sam. . . to take the people of gods fields and vineyards , and olive-yards , and give them to their servants ? was it a just fault that hybreas objected to antonius , exacting two tributes in one yeer , that he said , if thou must have two tributes in one yeer , then make for us two summers and two harvests , in one yeer ? this cannot be just ; if all be the kings , the king taketh but his own . . subjects under a monarch could not give alms , nor exercise works of charity ; for charity must be my own , isai. . . is it not to deal thy bread to the hungry ? &c. eccles. . . cast thy bread into the waters ; and the law saith , it is theft to give of another mans to the poor : yea , the distinction of poor and rich , should have no place under a monarchie , he onely should be rich . . when paul commandeth us to pay tribute to princes , rom. . . because they are the ministers of god , he layeth this ground , that the king hath not all , but that the subjects are to give to him of their goods . . it is the kings place , by justice to preserve every man in his own right , and under his own fig-tree . ergo , it s not the kings house . . even pharaoh could not make all the victuall of the land his own , while he had bought it with money : and every thing is presumed to be free . allodialis , free land , except the king prove that it is bought or purchased . l. actius , c. de servit . & aqua . & joan. and. m. c. f. de ind . & hosti . in c. minus de jur . . if the subjects had no proprietie in their own goods , but all were the princes due , then the subject should not be able to make any contract of buying and selling without the king , and every subject were in the case of a slave . now the law saith , l. . f. de noxali . act . l. . f. ad legem aquil . when he maketh any covenant , he is not obliged civilly to keep it , because the condition of a servant , he not being sui juris , is compared to the state of a beast , though he be obliged by a naturall obligation , being a rationall creature , in regard of the law of nature , l. naturaliter , l. si id quod , l. interdum , f. de conà . indebit . cum aliis . . the subject could not by solomon be forbidden to be suretie for his friend ; as king solomon doth counsell , prov. . , , . he could not be condemned to bring on himself poverty by sluggishnesse , as prov. . , , , , . nor were he to honour the lord with his riches , as prov. . . nor to keep his covenant , though to his losse , psal. . . nor could he be mercifull and lend , psal. . . nor had he power to borrow ; nor could he be guiltie in not paying all again , psal. . . for subjects under a monarch , can neither perform a duty , nor fail in a duty , in the matter of goods ; if all be the kings , what power or dominion hath the subject in disposing of his princes goods ? see more in petr. rebuffus , tract . congruae portionis , num . . pag. , . sed quoad dominium rerum , &c. quest . xvii . whether or not the prince have properly a fiduciarie , and ministeriall power of a tutor , husband , patron , minister , head , father of a family , not of a lord or dominator ? that the power of the king is fiduciarie , that is given to him immediatly by god in trust , royallists deny not ; but we hold that the trust is put upon the king by the people . . we deny that the people give themselves to the king as a gift , for what is freely given cannot be taken againe ▪ but they gave themselves to the king as a pawne ; and if the pawne be abused , or not used in that manner as it was conditionated to be used , the party in whose hand the pawne is intrusted , faileth in his trust . . assertion . the king is more properly a tutor then a father , . indigencie is the originall of tutors , the parents dye ; what then shall become of the orphan and his inheritance ? he cannot guide it himselfe ; therefore nature devised a tutor to supply the place of a father , and to governe the tutor ; but with this consideration , the father is lord of the inheritance , and if he be distressed , may sell it , that it shall never come to the sonne , and the father for the bad deserving of his sonne may dis-inherite him ; but the tutor being but a borrowed father , cannot sell the inheritance of the pupill , nor can he for the pupills bad deserving , by any dominion of justice over the pupill , take away the inheritance from him , and give it to his owne son ; so a community of it selfe , because of sin , is a naked society that can but destroy it selfe , and every one eate the flesh of his brother , therefore god hath appointed a king or governour , who shall take care of that community , rule them in peace , and save all from reciprocation of mutuall acts of violence , yet so , as because a trust is put on the ruler of a community , which is not his heritage , he cannot dispose of it as he pleaseth , because he is not the proper owner of the inheritance . . the pupill when he commeth to age , may call his tutor to an accompt for his administration ; i doe not acknowledge that as a truth , which arnisaeus saith , de authoritate . prin . c. . n. . the common-wealth is alwaies minor , and under tutory , because it alway hath need of a curator and governour , and can never put away its governour , bu● the pupill may grow to age and wisedome , so as he may be without all tutors , and can guide himselfe , and so may call in question his tutor , and the pupill cannot be his iudge , but must stand to the sentence of a superiour iudge , and so the people cannot judge or punish their prince , god must be iudge betwixt them both . but this is . a begging of the question , every comparison halteth , no community but it is major in this , that it can appoint its owne tutors , and though it cannot be without all rulers , yet it may well be without this or that prince and ruler , and therefore may resume its power , which it gave conditionally to the ruler for its owne safety and good , and in so farre as this condition is violated , and power turned to the destruction of the common-wealth , it is to be esteemed as not given ; and though the people be not a politique iudge in their owne cause , yet in case of manifest oppression , nature can teach them to oppose defensive violence against offensive : a community in its politique body is also above any ruler , and may judge what is manifestly destructive to it selfe . obj. the pupill hath not power to appoint his owne tutor , nor doth he give power to him , so neither doth the people give it to the king. ans. the pupill hath not indeed a formall power to make a tutor , but he hath vertually a legall power in his father , who appointeth a tutor for his sonne , and the people have vertually all royall power in them , as in a sort of immortall and eternall fountain , and may create to themselves many kings . asser. . the kings power is not properly and univocally a maritall and husbandly power , but only analogically , . the wife by nature is the weaker vessell , and inferiour to the man , but the kingdom , as shall be demonstrated is superiour to the king. . the wife is given as an helpe to the man , but by the contrary the man here is given as an helpe and father to the common-wealth , which is presumed to be the wife . . maritall and husbandly power is naturall , though it be not naturall , but from free election that peter is ana's husband , and should have been , though man had never sinned : but royall power is a politick constitution , and the world might have subsisted , though aristocracy or democracy had been the only and perpetuall governments . so let the prelate glory in his borrowed logick , he had it from barclay . it is not in the power of the wife to repudiat her husband , though never so wicked , she is tyed to him for ever , and may not give to him a bill of divorcement , as by law the husband might give to her ; if therefore the people sweare loyalty to him , they must keep , though to their hurt . ps. . ans. there 's nothing here said , except barclay and the plagiarie prove , that the kings power is properly a husbands power , which they cannot prove , but from a simile that crooketh ; but a king elected upon conditions , that if he sell his people , he shall lose his crown , is as essentially a king , as adam was evahs husband , and yet by grant of parties , the people may devorce from such a king , and dethrone him , if he sell his people ; but a wife may never devorce from her husband , as the argument saith . and this poore argument the prelate stole from dr. ferne , part . sec. . pag. , . . the keeping of covenant though to our hu●t , is a penall hurt , and losse of goods , not a morall hurt , and losse of religion . assert . . the king is more properly a sort of patron , to defend the people , and therefore hath no power given either by god or man to hurt the people , and a minister or publick and honourable servant , rom. . . for he is the minister of god to thee for good ; he is the common-wealths servant objectively , because all the kings service , as he is king , is for the good , safety , peace and salvation of the people , and in this he is a servant . . he is the servant of the people representatively , in that the people hath impawned in his hand all their power to doe royall service . obj. he is the servant of god , ergo he is not the peoples servant , but their soveraigne lord. ans. it followeth not , because all the service the king as king performeth to god , they are acts of royalty , and acts of royall service , as terminated on the people ; or acts of their soveraigne lord , and this proveth that to be their soveraigne , is to be their servant , and watch-man . object . . god maketh a king only , and the kingly power is in him only , not in the people . ans. the royall power is only from god , immediatly , immediatione simplicis constitutionis , & solum a deo solitudine primae causae , by the immediation of simple constitution , none but god appointed there should be kings ; but . royall power is not in god , nor only from god ; immediatione applicationis regia dignitatis ad personam , nec a deo solum , solitudine causae applicantis dignitatem , huic , non illi , in respect of the applying of royall dignity to this person , not to this . object . . though royall power were given to the people , it is not given to the people , as if it were the royal power of the people , and not the royall power of god , neither is it any other waies bestowed on the people but as on a beame , a channell , an instrument , by which it is derived to others , and so the king is not the minister or servant of the people . ans. it is not in the people as in the principall cause ; sure all royall power that way is only in god ; but it is in the people as in the instrument : and when the people maketh david their king at hebron , in that same very act , god by the people using their free suffrages and consent , maketh david king at hebron : so god only giveth raine , and none of the vanities and supposed gods of the gentiles can give raine , ier. . and yet the clouds also give raine , as nature , as an organ and vessell out of which god powreth down raine upon the dry earth ▪ amos . . and every instrument under god , that is properly an instrument ▪ is a sort of vicarious cause in gods room , and so the people as in gods roome , applyeth royall power to david , not to any of sauls sonnes , and appointeth david to be their royall servant to governe , and in that to serve god , and to doe that , which a communitie now in the state of sinne cannot formally doe themselves : and so i see not how it is a service to the people , not only objectively , because the kings royall service tendeth to the good , and peace , and safety of the people ; but also subjectively , in regard he hath his power and royall authoritie which he exerciseth as king , from the people under god , as gods instruments : and therefore the king and parliament give out lawes and statutes in the name of the whole people of the land. and they are but flatterers , and belye the holy ghost , who teach that the people doe not make the king ; for israel made saul king at mizpeh , and israel made david king at hebron . object . . israel made david king , that is , israel designed davids person to be king , and israel consented to gods act of making david king , but they did not make david king. ans. i say not that israel made the royall dignitie of kings : god , deut. . instituted that himselfe : bu● the royalist must give us an act of god going before an act of the peoples making david king at hebron , by which david of no king is made formally a king : and then another act of the people , approving only and consenting to that act of god , whereby david is made formally of no king to be a king. this royalists shall never instruct , for there be only two acts of god here ; . gods act of annointing david by the hand of samuel ; and . gods act of making david king at hebron : and a third they shall never give . but the former is not that by which david was essentially and formally changed from the state of a private subject , and no king , into the state of a publike judge and supreme lord and king , for ( as i have proved ) after this act of annointing of david king , he was designed only and set apart to be king in the lords fit time ; and after this annointing , he was no more formally a king then doeg or nabal were kings , but a subject who called saul the lords annointed and king , and obeyed saul as another subj●ct doth his king : but it is certaine god by no other act made david king at hebron , then by israels act of free electing him to be king and leader of the lords people , as god by no other act sendeth down rain on the earth , but by gods melting the clouds , and causing raine to fall on the earth : and therefore to say israel made david king at hebron , that is , israel approved only and consented to a prior act of gods making david king , is all one as to say saul prophecied , that is , saul consented to a prior act of the spirit of god who prophecied : and peter preached , act. . that is , peter approved and consented to the holy ghosts act of preaching . which to say , is childish . assert . . the king is an head of the commonwealth only metaphorically , by a borrowed speech , in a politique sense , because he ruleth , commandeth , directeth the whole politique body in all their operations and functions . but he is not univocally and essentially the head of the commonwealth . . the same very life in number that is in the head , is in the members : there be divers distinct soules and lives in the king , and in his subjects . . the head naturall is not made an head by the free election and consent of armes , shoulders , leggs , toes , fingers , &c. the king is made king only by the free election of his people . . the naturall head , so long as the person liveth , is ever the head , and cannot cease to be a head while it is seated on the shoulders : the king , if he sell his people , their persons and soules , may leave off to be a king and head. . the head and members live together , and dye together : the king & the people are not so ; the king may dye , and the people live . . the naturall head cannot destroy the members , and preserve it selfe : but king nero may waste and destroy his people . d. ferne , m. simmons , the p. prelate , when they draw arguments from the head , do but dream , as the members should not resist the head . naturall members should not , or cannot resist the head , though the hand may pull a tooth out of the head , which is no small violence to the head . but the members of a politique body may resist the politique head . . this or that king is not the adequate and totall politique head of the common-wealth : and therefore though you cut off a politique head , there 's nothing done against nature . if you cut off all kings of the royall line , and all governors aristocraticall , both king and parliament , this were against nature ; and a common-wealth which would cut off all governors , and all heads , should goe against nature , and run to ruine quickly . i conceive a societie of reasonable men cannot want governours . . the naturall head communicateth life , sense , and motion to the members , and is the seat of externall and internall senses : the king is not so . hence assert . . the king is not properly the head of a family , for , . ( as tholossa saith well de rep. l. . c. . ) nature hath one intention in making the thumbe , another intention in making the whole hand , another in forming the body : so there is one intention of the god of nature in governing of one man , another in governing a familie , another in governing a citie : nor is the thumbe king of all the members : so domestick government is not monarchicall properly . . the mother hath a parentall power as the father hath , prov. . . & . . & . . so the . command saith , honour thy father and thy mother . . domestick government is naturall , monarchicall politique . . domestick is necessary , monarchicall is not necessary , other governments may be as well as it . . domestick is universall , monarchicall not so . . domesticall hath its rise from naturall instinct without any farther instruction : a monarchicall government is not , but from election , choosing one government , not another . hence that is a fiduciarie power , or a power of trust , wherein . the thing put in trust is not his own proper either heritage or gift , so as he may dispose of it as he pleaseth , as men dispose of their goods or heritage . but the king may not dispose of men as men , as he pleaseth ; nor . of lawes as he pleaseth ; nor . of governing men , killing or keeping alive , punishing and rewarding , as he pleaseth . . my life and religion , and so my soule , in some cases , are committed to the king as to a publick watchman , even as the flock to the feeder , the citie to the watchmen : and he may berray it to the enemy . ergo , he hath the trust of life and religion , and hath both tables of the law in his custodie , ex officio , to see that other men then himselfe keep the law : but the law is not the kings own , but given to him in trust . . he who receiveth a kingdom conditionally , may be dethroned if he sell it , or put it away to any other is a fiduciarie patron , and hath it only in trust . so hottoman , quest . ill . . ferdinand . vasquez , illust . quest . l. . c. . althusius polit . c. . n. . so saith the law of every factor or deputy , l. . l. . procur . l. . c. dict . . antigonus dixit regnum esse nobilem servitutem . tyberius caesar called the senate , dominum suum , his lord. suetonius in vita tiberii , c. . quest . xviii . what is the law of the king , and his power ? sam. . . this will be the manner of the king who shall reigne over you , &c. this place , sam. , . and v. . the law or manner of the king is alleadged to prove both the absolute power of kings , and . the unlawfulnesse of resistance : therefore i crave leave here to vindicate the place , and to make it evident to all , that the place speaketh for no such matter . . (a) hug. grotius argueth thus : that by this place , the people oppressed with injuries of a tyrannous king , have nothing left them but prayers and cries to god ; and therefore there is no ground for violent resisting . (b) barclay will have us to distinguish inter officium regis , & potestatem , between the kings office , and the kings power : and he will have the lord here speaking , not of the kings office , what he ought to doe before god , but what power a king hath beside and above the power of judges , to tyrannize over the people , so as the people hath no power to resist it . he will have the office of the king spoken of deut. . and the power of the king , sam. . and that power which the people was to obey and submit unto , without resisting . but i answer , . it is a vaine thing to distinguish betwixt the office and the power ; (c) for the power is either a power to rule according to gods law , as he is commanded , deut. . and this is the very office or officiall power which the king of kings hath given to all kings under him : and this is a power of the royall office of a king , to governe for the lord his maker ; or this is a power to doe ill , and tyrannize over gods people : but this is accidentall to a king , and the character of a tyrant , and is not from god : and so the law of the king in this place must be the tyranny of the king , which is our very mind . . barclay . reges sine dominatione ne concipi quidem possunt . — iudices dominationem in populum minimè habebant . hence it is cleare that barclay saith , that the iudges of israel , and the kings are different in essence and nature ; so that domination is so essentiall to a king , that you cannot conceive a king , but he must have domination , whereas the iudges of israel had no domination over the people . hence i argue that , whereby a king is essentially distinguished from a iudge , that must be from god ; but by domination , which is a power to oppresse the subject , a king is essentially distinguished from a iudge of israel . ergo , domination and a power to do acts of tyranny , as they are expressed , verse , , . and to oppresse a subject , is from god , and so must be a lawfull power ; but the conclusion is absurd , the assumption is the doctrine of barclay : the major proposition i prove . . because both the iudge and the king was from god , for god gave moses a lawfull calling to be a iudge , so did he to eli , to samuel , and deut. . . the king is a lawfull ordinance of god : if then the judge and the king , be both lawfull ordinances , and if they differ essentially , as barclay saith ; then that specifice forme which distinguisheth the one from the other , to wit , domination and a power to destroy the subject , must be from god , which is blasphemous ; for god can give no morall power to do wickedly ; for that is licence , and a power to sin against a law of god , which is absolutely inconsistent with the holinesse of god ; for so the lord might deny himself , and dispence with sin ( god avert such blasphemies . ) now if the kingly power be from god , that which essentially and specifically constituteth a king , must be from god , as the office it self is from god : and (d) barclay saith expressely ; that the kingly power is from god , and that same which is the specifice form , that constituteth a king , must be that which essentially separateth the king from the iudge , if they be essentially different , as barclay dreameth . hence have we this jus regis , this manner or law of the king , to tyrannize and oppresse , to be a power from god , and so a lawfull power ; by which you shall have this result of barclayes interpretation , that god made a tyrant as well as a king. . by this difference that barclay putteth betwixt the king and the judge , the judge might be resisted ; for he had not this power of domination , that saul hath , contrary to rom. . . exod. . . and . . but let us try the text first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the word cannot inforce us to expone 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a law ; our english rendreth , shew them the manner of the king. (e) arri. montanus turneth it ratio regis . i grant the seventy render it , (f) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the chalde paraphrase saith , statutum regis . g hieronimus translateth it jus regis ; so calvin : but i am sure the hebrew both in words and sense beareth a consuetude ; yea , and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth not alwayes a law , as josh. . . they compassed the citie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seven times . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . king. . . they know not the manner of the god of the land , vers. . they served their own gods , after the manner of the heathen . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it cannot be according to the law or right of the heathen , except 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , be taken in an evill part . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vers. . vntill this day they do after these manners , kings . . baals priests cut themselves with knives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after their manner , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gen. . . thou shalt give the cup to pharaoh , according as thou wast wont to do . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , exod. . . he shall deal with her after the manner of daughters , sam. . . and david saved neither man nor woman alive , to bring ( tydings ) to gath , saying , so did david , and so will his manner be , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it cannot be , they meaned that it was davids law , right , or priviledge to spare none alive , sam. . . and the priests custome with the people was , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this was a wicked custome , not a law , and the . turneth it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not alwayes taken in a good meaning : so (h) p. martyr , he meaneth here of an usurped law , saith he ; calvin (i) non jus a deo prescriptum , sed tyranidem . he speaketh not of gods law here ( saith he ) but of tyranny . (k) and rivetus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth not ever jus , law . sed aliquando morem sive modum & rationem agendi , the custome and manner of doing , so junius (l) and tremellius . (m) diodatus exponeth jus ; this law , namely ( saith he ) that which is now grown to a common custome , by the consent of nations , and gods toleration . (n) the interline glosse ( to speak of papists ) exactionem & dominationem ; the extortion and domination of king saul is here meant . (o) lyra exponeth it tyranny . (p) tostatus abulens . he meaneth here of kings indefinitely , who oppressed the people with taxes and tributes , as solomon and others . (q) cornelius a lapide : this was an unjust law . (r) cajetanus calleth it , tyranny . (s) hugo cardinal , nameth them , exactiones & servitutes , exactions and slaveries : and (t) serrarius , he speaketh not here , quid reges jure possint , what they may do by right and law ; sed quid audeant , what they will be bold to do , and what they tyrannically decern against all laws of nature and humanitie . and so (u) speaketh tho. aquinas : (x) so also mendoza , saith he , speaketh of the law of tyrants : and (y) amongst the fathers , clemens alexandrinus saith on this place , non humanum pollicetur dominum , sed insolentem daturum minatur tyrannum , he promiseth not a humane prince , but threatneth to give them an insolent tyrant ; and the like also saith (z) beda . and an excellent (a) lawyer , pet. rebuffus saith , etiam loquitur de tyranno qui non erat a deo electus . and that he speaketh of sauls tyrannicall usurpation , and not of the law prescribed by god , deut. . i prove , . he speaketh of such a power , as is answerable to the acts here spoken of ; but the acts here spoken of , are acts of meere tyranny , vers. . and this will be the manner of your king , that shall reign over you , he will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots : now to make slaves of their sons , was an act of tyranny . . to take their fields and vineyards , and oliveyards from them , and give them to his servants , was no better then ahabs taking naboths vineyard from him , which by gods law he might not lawfully sell , except in the case of extreme povertie , and then in the yeer of jubilee , he might redeem his own inheritance . . verse , . to put the people of god to bondage and make them servants , was to deal with them , as the tyrant pharaoh did . . he speaketh of such a law , the execution whereof should make them cry out to the lord , because of their king : but the execution of the just law of the king , deut. . is a blessing , and not a bondage which should make the people cry out of the bitternesse of their spirit . . it is clear here , that god is by his prophet , not instructing the king in his duty , but as (b) rabbi levi ben. gersom saith , terrifying them from their purpose of seeking a king , and foretelling the evil of punishment that they should suffer under a tyrannous king ; but he speaketh not one word of these necessary and comfortable acts of favour , that a good king by his good government was to do for his people , deut. . , . but he speaketh of contrary facts here ; and that he is disswading them from suiting a king , is clear from the text. . because he saith , give them their will ; but yet protest against their unlawfull course . . he biddeth the prophet lay before them the tyranny , and oppression of their king ; which tyranny saul exercised in his time , as the story sheweth . . because how uneffectuall samuels exhortation was , is set down , verse . neverthelesse , they would not obey the voice of samuel , but said , nay , but we will have a king over us ; if samuel had not been dehorting them from a king , how could they be said in this , to refuse to heare the voice of samuel ? . the ground of barclay and royalists , here is weak , for they say , that the people sought a king like the nations , and the kings of the nations were all absolute , and so tyrants ; and god granted their unlawfull desire , and gave them a tyrant to reign over them , such as the nations had . the plain contrary is true , they sought not a tyrant , but one of the speciall reasons why they sought a king , was to be freed of tyranny ; for sam. . . because samuels sons turned aside after lucre , and took bribes , and perverted judgement ; therefore all the elders of israel gathered themselves together , and came to samuel , to ramah , and their they sought a king. . one could not more clearly speak with the mouth of a false prophet , then the author of active and passive obedience doth , while he will have samuel here to describe a king , and to say ; yee have formerly committed one errour in shaking off the yoke of god , and seeking a king ; so now beware you fall not in the next errour , in casting of the yoke of a king , which god at your own desire hath laid on you , for god hath onely power , both to make and unmake kings ; therefore prepare your selves patientlie to suffer and bear . answ. for if he were exhorting to patient suffering of the yoke of a king , he should presume it were gods revealed and regulating will , that they should have a king ; but the scope of samuels sermon , is to disswade them from a king , and they by the contrary ( verse . say they ) nay , but we will have a king ; and there not one word in the text , that may intimate patience under the yoke of a king. . there is here the description of a tyrant , not of a king. . here is a threatning and a prediction , not any thing that smelleth of an exhortation . object . but it is evident , that god teaching the people how to behave themselves under the unjust oppressions of their king , he sets down no remedy but tears , crying to god , prayer , and patience ; therefore resistance is not lawfull . answ. though this be not the place due to the doctrine of resistance , yet to vindicate the place ; i s●y , there is not one word of any lawfull remedy in the text , onely it is said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , et cl●matis in illa die a faciebus regis vestri : it is not necessarily to be exponed of praying to god , iob . . by reason of the multitude of the oppression , they make the oppressed to cry , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 clamare faciunt , isai. . . and heshbon shall cry . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the armed souldiers of moab shall cry out . there is no other word here , then doth expresse the idolatrous prayers of moab , isai. . . and habbak . . . the stone shall cry out of the wall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , deut. . . you shall stone the maide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because she cryed not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but she is not to be stoned , because she prayed not to god , ps. . . davids enemies cryed , and there was none to save , even to the lord , and he heard not . . though it were the prophets meaning , they cryed to the lord , yet it is not the crying of a people humbled , and in faith speaking to god in their troubles , zach. . . they cryed , and i will not heare , therefore royalists must make crying to god out of the bitternesse of affliction , without humiliation and faith , and such prayers of sinners as god heareth not , psal. . . ioh. . . esay . . to be the only remedy of a people oppressed by a tyrannous king ; now it is certaine , god prescribeth no unlawfull meanes to an oppressed people , under their affliction , therefore it is cleare here , that god speaketh only of evills of punishment , such as is to cry in trouble , and not be heard of god , and that he prescribeth here no duty at all , nor any remedy . . all protestant divines say ; ex particulari non valet argumentum negativé , from one particular place , a negative argument is not good . this remedy is not written in this particular place , therefore it is not written at all in other places of scripture ; so tim. . . the end of excommunication is , that the party excommunicated may learne not to blaspheme , ergo the end is not also that the church be not infected , it followeth not , the contrary is cleare , cor. . v. . d. ferne and other royalists teach us , that we may supplicate and make prayers to a tyranous king. . we may fly from a tyranous king : but neither supplicating the king , nor flying from his fury shall be lawfull meanes left by this argument , because these meanes are no more in this text ( where royalists say the spirit of god speaketh of purpose of the meanes to be used against tyranny ) then violent resisting , is in this text . barclay , ferne , grotius , arnisaeus , the p. prelate following them saith , an ill king is a punishment of god , for the sins of the people , and there is no remedy but patient suffering . ans. truely it is a silly argument . the assyrians comming against the people of god , for their sins , is a punishment of god , esa. . . . . but doth it follow that it is unlawfull , for israel to fight and resist the assyrians , and that they had warrant to doe no other thing , but lay downe armes , and pray to god , and fight none at all ? is there no lawfull resisting of ills of punishment , but meere prayers and patience ? the amalikites came out against israel for their sinnes , senahkerib against ezekiah , for the sins of the people . asa his enemies fought against him for his sins , and the peoples sins ; shall moses and the people , hezekiah , asa , do then nothing but pray and suffer ? is it unlawfull with the sword to resist them ? i beleeve not , famine is often a punishment of god in a land , amos. . , . is it therefore in famine , unlawfull to till the earth , and seeke bread by our industry and are we to doe nothing but to pray for daily bread ? it is a vaine argument . observe therefore the wickednesse of barclay , contra monarch . l. . p. . for he would prove , that a power of doing ill , and that without any punishment to be inflicted by man , is from god ; because our lawes punish not perjurie , but leaveth it to be punished of god , l. . l. de reb. cred . cujacius , l. . obs . c. . and the husband in moses his law , had power to give a bill of divorce to his wife , and send her away ; and the husband was not to be punished . and also stewes and work-houses for harlots , and to take usurie , are tolerated in many christian commonwealths , and yet these are all sorts of murthers , by the confession of heathen : ergo , ( saith barclaius ) god may give a power for tyrannous acts to kings , so as they shall be under no punishment to be inflicted by men . ans. all this is an argument from fact . . a wicked magistracie may permit perjurie and lying in the common-wealth , and that without punishment ; and some christian commonweales , he meaneth his own synagogue of rome , spirituall sodome , a cage of uncleane birds , suffereth harlotrie by law , and the whores pay so many thousands yearely to the pope , and are free of all punishment by law , to eschew homicides , adulteries of romish priests , and other greater sinnes : therefore god hath given power to a king to play the tyrant , without any feare of punishment to be inflicted by man. but . if this be a good argument , the magistrate to whom god hath committed the sword to take vengeance on evill doers , rom. . , , ▪ . such as are perjured persons , professed whores and harlots , hath a lawfull power from god to connive at sinnes and grosse scandals in the commonwealth , as they dreame that the king hath power given from god to exercise all acts of tyranny without any resistance . but , . this was a grievous sinne in eli , that he being a father and a iudge , punished not his sonnes for their uncleannesse , and his house , in gods heavy displeasure , was cut off from the priesthood therefore . then god hath given no such power to the iudge . . the contrary duty is lying on the iudge , to execute judgement for the oppressed , iob . , , , , , . ier. . , . and perverting of judgement , and conniving at the heynous sinnes of the wicked , is condemned , num. . , . sam. . . king. . , . esa. . . & . . & . . and therefore god hath given no power to a iudge to permit wicked men to commit grievous crimes , without any punishment . as for the law of divorce , it was indeed a permissive law , whereby the husband might give the wife a bill of divorce , and be free of punishment before men , but not free of sinne and guiltinesse before god , for it was contrary to gods institution of mariage at the beginning , as christ saith : and the prophet saith , that the lord hateth putting away . but that god hath given any such permissive power to the king , that he may doe what he pleaseth , and cannot be resisted : this is in question . . the law spoken of in the text , is by royalists called , not a consuetude of tranny , but the divine law of god , whereby the king is formally and essentially distinguished from the judge in israel : now if so , a power to sinne , and a power to commit acts of tyranny , yea , and a power in the kings sergeants and bloody emissaries to waste and destroy the people of god , must be a lawfull power given of god : for a lawfull power it must be , if it commeth from god , whether it be from the king in his own person , or from his servants at his commandement , and by either put forth in acts , as the power of a bill of divorce was a power from god , exempting either the husband from punishment before men , or freeing the servant , who at the husbands command , should write it , and put it in the hands of the woman . i cannot beleeve that god hath given a power , and that by law , to one man to command twenty thousand cut-throats to kill and destroy all the children of god , and that he hath commanded his children to give their necks and heads to babels sonnes without resistance . this i am sure is another matter then a law for a bill of divorce to one woman , maried by free election of a humorous and unconstant man. but sure i am , god gave no permissive law from heaven , like the law of divorce , for the hardnesse of the heart , not of the iewes only , but also of the whole christian and heathen kingdomes under a monarch ; that one emperour may , by such a law of god , as the law of divorce , kill , by bloody cut-throats , such as the irish rebels are , all the nations that call on gods name , men , women , and sucking infants . and if providence impede the catholike issue , and dry up the seas of blood , it is good : but god hath given a law , such as the law of divorce , to the king , whereby he , and all his , may without resistance , by a legall power given of god , who giveth kings to be fathers , nurses , protectors , guides , yea the breath of nostrils of his church , as speciall mercies and blessings to his people , he may ( i say ) by a law of god , as it is sam. . , . cut off nations , as that lyon of the world , nebuchadnezzar did . so royalists teach us . barclaius l. . cont . monarchoma . pag. . the lord spake to samuel the law of the king , and wrot it in a book● , and laid it up before the lord. but what law ? that same law which he proposed to the people when they first sought a king : but that was the law contemning precepts rather for the peoples obeying , then for the kings commanding , for the people was to be instructed with those precepts , not the king. those things that concerned the kings duty , deut. . moses commanded to be put into the arke , but so if samuel had commanded the king , that which moses , deut. . commanded , he had done no new thing , but had done againe what was once done , actum egisset , but there was nothing before commanded the people concerning their obedience and patience under evill princes . ioseph . antiq. l. . c. . he wrote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the evills that were to befall them . ans. it was not that same law , for though this law was written to the people , yet it was the law of the king : and i pray you , did samuel write in a booke all the rules of tyranny , and teach saul and all the kings after him ( for this book was put in the ark of the covenant , where also was the booke of the law ) how to play the tyrant ? and what instruction was it to king or people to write to them a book of the wicked waies of a king , which nature teacheth without a doctor ? sanctius saith on the place , these things which by mens fraud , and to the hurt of the publick may be corrupted , were kept in the tabernacle , and the booke of the law was kept in the arke . cornelius a lapide saith , it was the law common to king and people , which was commonly kept with the booke of the law , in the arke of the covenant . lyra contradicteth barclay , he exponeth legem , legem regni non secundum usurpationem supra positam , sed secundum ordinationem dei positam , deut. . theodat . excellently exponeth it the fundamentall lawes of the kingdome , inspired by god to temper monarchy , with a liberty befitting gods people , and with equity toward a nation — to withstand the abuse of an absolute power . . can any beleeve samuel would have written a law of tyranny , and put that booke in the arke of the covenant before the lord , to be kept to the posterity , seeing he was to teach both king and people the good and the right way , sam. . , , . . where is the law of the kingdome called a law of punishing innocent people ? . to write the duty of the king in a booke , and apply it to the king , is no more superfluous , nor to teach the people the good and the right way out of the law , and apply generalls to persons . . there is nothing in the law , sam. . . . . of the peoples patience , but rather of their impatient crying out , god not hearing nor helping ; and nothing of that in this booke , for any thing that we know , and iosephus speaketh of the law , sam. . not of this law , sam. . quest . xix . whether or no the king be in dignity and power above the people ? in this grave question divers considerations are to be pondered . . there is a dignity materiall in the people scattered , they being many representations of god and his image , which is in the king also , and formally more as king , he being indued with formall magistraticall and publick royall authority , in the former regard this or that man is inferiour to the king , because the king hath that same remander of the image of god that any private man hath , and something more , he hath a politicke resemblance of the king of heavens , being a little god , and so is above any one man. . all these of the people taken collectively having more of god , as being representations , are according to this materiall dignity excellenter then the king , because many are excellenter then one , and the king according to the magistraticall and royall authority he hath , is excellenter then they are , because he partaketh formally of royalty , which they have not formally . . a meane or medium , as it is such , is lesse then the end , though the thing materially that is a meane , may be excellenter ; every mean as a meane , under that reduplication hath all its goodnesse and excellency in relation to the end , yet an angell that is a meane , and a ministring spirit , ordained of god for an heire of life eternall , heb. . . considered materially , is excellenter then a man , psal. . . heb. . , , . . a king and leader in a military consideration , and as a governour and conserver of the whole army , is more worth then ten thousand of the people , sam. . . . but simply and absolutely the people is above , and more excellent then the king , and the king in dignity inferiour to the people ; and that upon these reasons . . because he is the meane ordained for the people , as for the end , that he may save them , . sam. . . a publick shepheard to feede them , ps. . , , , . the captaine and leader of the lords inheritance , sam. . . to defend them , the minister of god for their good , rom. . . . the pilot is lesse then the whole passengers , the generall lesse then the whole army , the tutor lesse then all the children , the physician lesse then all the living men whose health he careth for ; the master or teacher lesse then all the schollars , because the part is lesse then the whole : the king is but a part and a member ( though i grant a very eminent and noble member ) of the kingdome . . a christian people especially is the portion of the lords inheritance , deut. . . the sheepe of his pasture , his redeemed ones , for whom god gave his blood , act. . . and the killing of a man is to violate the image of god , gen. . . and therefore the death and destruction of a church , and of thousand thousands of men is a sadder and a more heavy matter then the death of a king , who is but one man. . a king as a king , or because a king is not the inheritance of god , nor the chosen and called of god , nor the sheepe or flocke of the lords pasture , nor the redeemed of christ , for those excellencies agree not to kings , because they are kings ; for then all kings should be indued with those excellencies , and god should an be accepter of persons , if he put those excellencies of grace upon men for externall respects of highnesse and kingly power , and worldly glory and splendor ; for many living images and representations of god , as he is holy , or more excellent then a politique representation of gods greatnesse and majesty , such as the king is ; because that which is the fruit of a love of god , which commeth nearer to gods most speciall love , is more excellent then that which is farther remote from his speciall love ; now though royalty be a beame of the majesty of the greatnesse of the king of kings , and lord of lords ; yet is it such a fruit and beam of gods greatnesse , as may consist with the eternall reprobation of the party loved , so now gods love from whence he communicateth his image , representing his owne holinesse , commeth nearer to his most speciall love of election of men to glory . . if god give kings to be a ransome for his church , and if he stay great kings for their sake , as pharaoh king of aegypt , esa. . and sihon king of the amorites , and og king of bashan , ps. . , , . if he plead with princes and kings for destroying his people , esa. . v. , , . if he make babylon and her king a threshing-floore , for the violence done to the inhabitants of zion , ier. . , , . then his people as his people , must be so much dearer and more precious in the lords eyes , then kings because they are kings , by how much more his justice is active to destroy the one , and his mercy to save the other . neither is the argument taken off , by saying the king must in this question be compared with his owne people ; not a forraigne king with other forraigne people over whom he doth not raigne , for the argument proveth that the people of god are of more worth then kings as kings ; and nebuchadnezer and pharaoh for the time were kings to the people of god , and forraigne kings are no lesse essentially kings , then kings native are . . those who are given of god as gifts for the preservation of the people , to be nurse-fathers to them ; those must be of lesse worth before god , then those to whom they are given , since the gift , as the gift , is lesse then the party on whom the gift is bestowed . but the king is a gift for the good and preservation of the people , as is cleare , esa . . and from this that god gave his people a king in his wrath , we may conclude , that a king of himselfe , except god be angry with his people , must be a gift . . that which is eternall , and cannot politically die , yea which must continue as the dayes of heaven , because of gods promise ; that is more excellent then that which is both accidentall , temporarie and mortall . but the people is both eternall , as people , because eccles. . . one generation passeth away , and another generation commeth : and as a people in covenant with god , ier. . , . in respect that a people and church , though mortall in the individuals , yet the church , remaining the church , cannot dye ; but the king , as king , may , and doth dye : it is true , where a kingdome goeth by succession , the politicians say , the man who is king , dyeth ; but the king never dyeth , because some other , either by birth or free election , succeedeth in his roome . but i answer , . people by a sort of necessity of nature succeedeth to people , generation to generation , except gods judgement , contrary to nature , intervene to make babylon no people , and a land that shall never be inhabited , ( which i both believe and hope for , according to gods word of prophecie ) but a king by a sort of contingencie succeedeth to kings : for nature doth not ascertaine us there must be kings to the worlds end ; because the essence of governours is kept safe in aristocracie and democracie , though there were no kings . and that kings should necessarily have been in the world , if man had never fallen in sinne , i am not , by any cogent argument , induced to beleeve . i conceive there should have been no government but these of fathers & children , husband and wife ; and ( which is improperly government ) some more gifted with supervenient additions to nature , as gifts and excellencies of engines . now in this point , althusius polit . c. . n. . saith , the king in respect of office is worthier then the people ; ( but this is but an accidentall respect ) but as the king is a man , he is inferior to the people . but , . he who by office is obliged to expend himselfe , and to give his life for the safety of the people , he must be inferior to the people . so christ saith , the life is more then rayment or food , because both these give themselves to corruption for mans life : so the beasts are inferiour to man , because they die for our life , that they may sustaine our life : and caiaphas prophesied right , that it was better that one man die , then that the whole nation perish , joh. . v. . and in nature , elements against their particular inclination defraud themselves of their private and particular ends , that the commonwealth of nature may stand , as heavy elements ascend , light descend , lest nature should perish by a vacuitie . and the good shepherd , ioh. . giveth his life for his sheep . so saul and david both were made kings to fight the lords battels , and to expose their lives to hazard for the safetie of the church and people of god. but the king by office is obliged to expend his life for the safety of the people of god ; he is obliged to fight the lords battels for them , to goe betwixt the flock and death , as paul was willing to be spent for the church . it may be objected , jesus christ gave himselfe a ransome for his church , and his life for the life of the world , and was a gift given to the world , ioh. . . & . . and he was a meane to save us : and so what arguments we have before produced to prove that the king must be inferior to the people , because he is a ransome , a meane , a gift ; are not concludent . i answer : consider a meane reduplicatively , and formaliter , as a meane , and secondly , as a meane materially , that is , the thing which is a meane . . consider that which is only a mean , and ransome , and gift , and no more ; and that which , beside that it is a meane , is of a higher nature also . so christ formally as a meane , giving , . his temporall life ; . for a time ; . according to the flesh : for , . the eternall life ; . of all the catholike church to be glorified eternally ; . not his blessed godhead and glorie , which , as god , he had with the father from eternitie . in that respect christ hath the relation of a servant , ransome , gift , and some inferioritie in comparison of the church of god : and his fathers glory , as a meane , is inferior to the end , but christ materially , in concreto : christ is not only a meane to save his church , but as god , ( in which consideration he was the immortall lord of life ) he was more then a meane , even the author , efficient and creator of heaven and earth : and so there is no ground to say that he is inferiour to the church ; but the absolute head , king , the chiefe of ten thousand , more in excellencie and worth then ten thousand millions of possible worlds of men and angels . but such a consideration cannot befall any mortall king ; because , consider the king materially as a mortall man , he must be inferior to the whole church , for he is but one , and so of lesse worth then the whole church , as the thumbe , though the strongest of the fingers , yet it is inferior to the hand , and far more to the whole body , as any part is inferior to the whole . . consider the king reduplicative , and formally as king , and by the officiall relation he hath , he is no more then but a royall servant , an officiall meane , tending , ex officio , to this end , to preserve the people , to rule and governe them ; and a gift of god , given , by vertue of his office , to rule the people of god : and so any way inferiour to the people . . those who are before the king , and may be a people without a king , must be of more worth then that which is posteriour , and cannot be a king without them . for thus gods selfe sufficiency is proved , in that he might be , and eternally was blessed for ever , without his creature , but his creature cannot subsist in being without him . now the people were a people many yeares , before there was any government ( save domestick ) and is a people where there is no king , but only an aristocracy , or a democracy ; but the king can be no king without a people . it is vaine that some say , the king and kingdome are relatives , and not one is before another ; for its true in the naked relation , so are father and sonne , master and servant , relata simul natura ; but sure there is a priority of worth and independency for all that , in the father above the sonne , and in the master above the servant , and so in the people above the king , take away the people , and dyonisius is but a poore schoole-master . . asser. the people in power are superiour to the king , . because every efficient and constituent cause is more excellent then the effect . every meane is inferiour in power to the end , so iun. brutus , q. . bucher l. . c. . author . lib. de offic . magistr . q. . henaenius disp . . n. . ioan. roffensis epist. de potest . pap . l. . c. . spalato de repu . ecclesiast . l. . c. . n. . but the people is the efficient and constituent cause , the king is the effect , the people is the end ; both intended of god to save the people , to be a healer and a physician to them , esay . v. . and the people appoint and create the king out of their indigence , to preserve themselves from mutuall violence . many things are objected against this , . that the efficient and constituent cause is god , and the people is only the instrumentall cause ; and spalato saith , that the people doth indirectly only give kingly power , because god , at their act of election , ordinarily giveth it . ans. the scripture saith plainly , as we heard before , the people made kings , and if they doe , as other second causes produce their effects , it is all one that god as the principall cause maketh kings , else we should not argue from the cause to the effect amongst the creatures . . god by that same action that the people createth a king , doth also , by them , as by his instruments create a king , and that god doth not immediatly , at the naked presence of the act of popular election , conferre royall dignity on the man , without any action of the people , as they say by the churches act of conferring orders , god doth immediatly without any act of the church , infuse from heaven supernaturall habilities on the man , without any active influence of the church , is evident by this , . the royall power to make lawes with the king , and so a power eminent in their states representative to governe themselves , is in the people , for if the most high act of royalty be in them , why not the power also ? and so what need to fetch a royall power from heaven , to be immediatly infused in him , seeing the people hath such a power in themselves at hand ? . the people can , and doth limite , and bind royall power in elected kings , ergo they have in them royall power to give to the king ; those who limit power , can take away so many degrees of royall power , and those who can take away power , can give power ; and it is unconceiveable , to say that people can put restraint upon a power immediatly comming from god , if christ immediatly infuse an apostolick spirit in paul , mortall men cannot take from him any degrees of that infused spirit ; if christ infuse a spirit of nine degrees , the church cannot limit it to six degrees only ; but royalists consent that the people may choose a king , upon such conditions to raigne , as he hath royall power of ten degrees , whereas his ancester had by birth a power of foureteen degrees . . it is not intelligible that the holy ghost should give commandement to the people to make such a man king , deut. . , . and forbid them to make such a man king , if the people had no active influence in making a king at all , but god solely and immediately from heaven did infuse royalty in the king without any action of the people , save a naked consent only , and that after god had made the king , they should approve only with an after-act of naked approbation . . if the people by other governours , as by heads of families , and other choise men , governe themselves , and produce these same formall effects of peace , justice , religion , on themselves , which the king doth produce , then is there a power of the same kind , and as excellent as the royall power in the people , and no reason , but this power should be holden to come immediatly from god , as the royall power , for it is every way of the same nature and kind , and as i shall prove , kings and iudges differ not in nature and spece , but it is experienced that people doe , by aristocraticall guides , governe themselves , &c. so then , if god immediatly infuse royalty , when the people chooseth a king , without any action of the people , then must god immediatly infuse a beame of governing on a provost and a bailiffe , when the people choose such , and that without any action of the people , because all powers are , in abstracto , from god , rom. . . and god as immediatly maketh inferiour iudges , as superiour , prov. . . and all promotion , even to be a provost or major , commeth from god only , as to be a king , except royalists say , all promotion commeth from the east , and from the west , and not from god , except promotion to the royall throne , the contrary whereof is said , ps. . , . sam. . , . not only kings , but all judges are gods , ps. . , . and therefore all must be the same way created and moulded of god , except by scripture royalists can shew us a difference . an english prelate giveth reasons , why people , who are said to make kings as efficients , and authors , cannot unmake them : the one is , because god as chief and sole supreame moderator maketh kings , but i say , christ as the chiefe moderator , and head of the church , doth immediatly conferre abilities to a man to be a preacher , and though by industry the man acquire abilities , yet in regard the church doth not so much as instrumentally conferre those abilities , they may be said to come from god immediatly , in relation to the church , who calleth the man to the ministery , yea royalists , as our excommunicated prelate learned from spalato , say that god , at the naked presence of the churches call , doth immediatly infuse that from heaven , by which the man is now in holy orders , and a pastor , whereas he was not so before ; and yet prelates cannot deny , but they can unmake ministers , and have practised this in their unhallowed courts : and therefore though god immediatly without any action of the people make kings , this is a weake reason , to prove they cannot unmake them . as for their undeleble character , that prelates cannot take from a minister , it is nothing , if the church may unmake a minister , though his character goe to prison with him : we seeke no more but to anull the reason . god immediatly maketh kings and pastors , ergo no power on earth can unmake them ; this consequence is as weake as water . . the other cause is , because god hath erected no tribunall on earth higher then the kings tribunall , ergo no power on earth can unmake a king ; the antecedent and consequence is both denyed , and is a begging of the question : for the tribunall that made the king is above the king. . though there be no tribunall formally regall and kingly above the king , yet is there a tribunall vertuall eminently above him in the case of tyranny , for the states and princes have a tribunall above him . . to this the constituent cause is of more power and dignity then the effect , and so the people is above the king. the p. prelate borrowed an answer from arnisaeus , and barclay , and other royalists , and saith , if we knew any thing in law , or were ruled by reason ; every constituent ( saith arnisaeus and barclay more accurately then the p. prelate had a head to transcribe their words ) where the constituent hath resigned all his power in the hand of the prince whom h● constitutes , is of more worth , and power , then he in whose hand they resigne the power : so the proposition is false . the servant who hath constituted his master lord of his liberty , is not worthier then his master whom he hath made his lord , and to whom he hath given himselfe a● a slave ; for after he hath resigned his liberty he cannot repent , he must keepe covenant though to his hurt : yea such a servant is not only not above his master , but he cannot move his foot without his master . the governour of britaine ( saith arnisaeus ) being despised by king philip ▪ resigned himselfe as vassall to king edward of england , but did not for that make himselfe superiour to king edward : indeed he who constituteth another under him as a legat , is superiour ; but the people do● constitute a king above themselves , not a king under themselves , and therefore the people are not by this made the kings superiour , but his inferiour . ans. . it is false that the people doth , or can by the law of nature resigne their whole liberty in the hand of a king , . they cannot resigne to others that which they have not in themselves , nemo potest dare quod non habet , but the people hath not an absolute power in themselves to destroy themselves , or to exercise those tyrannous acts spoken of , sam. . , , , , , &c. for neither god , nor natures law hath given any such power . . he who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty , which he hath from his maker , from the wombe , by violence , constraint , or extreame necessity , and so is inferiour to all free men , but the people doth not make themselves slaves when they constitute a king over themselves , because god giving to a people a king , the best and excellentest governour on earth , giveth a blessing and speciall fafour , esay . . hosea . v. . esay . , . ps. . , , . but to lay upon his people the state of slaverie , in which they renounce their whole libertie , is a curse of god , gen. . . gen. . . deut. . . . but the people having their liberty to make any of ten or twenty , their king , and to advance one from a private state to an honorable throne , whereas it was in their libertie to advance another , and to give him royall power of ten degrees , whereas they might give him power of twelve degrees , and of eight , or sixe , must be in excellencie and worth above the man , whom they constitute king , and invest with such honour : as honour in the fountain , and honos participans & originans , must be more excellent and pure then the derived honour in the king , which is honos participatus & originatus . . if the servant give his libertie to his master , ergo , he had that libertie in him ; and in that act , libertie must be in a more excellent way in the servant , as in the fountaine , then it is in the master : and so this libertie must be purer in the people then in the king : and therefore in that , both the servant is above the master , and the people worthier then the king : and when the people give themselves conditionally and covenant-wise to the king , as to a publique servant , and patron , and tutour , as the governour of britaine , out of his humour , gave himselfe to king edward ; there is even here a note of superioritie ; every giver of a benefit , as a giver , is superior to him to whom the gift is given ; though after the servant hath given away his gift of libertie , by which he was superiour , he cannot be a superior , because by his gift he hath made himselfe inferior . . the people constituteth a king above themselves , i distinguish , supra se , above themselves , according to the fountaine power of royaltie , that is false ; for the fountaine-power remaineth most eminently in the people , . because they give it to the king , ad modum recipientis , and with limitations , ergo , it is unlimited in the people , and bounded and limited in the king , and so lesse in the king then in the people . . if the king turne distracted , and an ill spirit from the lord come upon saul , so as reason be taken from a nebuchadnezzar , it is certaine the people may put curators and tutors over him , who hath the royall power . . if the king be absent , and taken captive , the people may give the royall power to one , or to some few to exercise it as custodes regni . and . if he die , and the crown goe by election , they may create another with more or lesse power : all which evinceth , that they never constituted over themselves a king , in regard of fountaine-power ; for if they give away the fountaine , as a slave selleth his libertie , they could not make use of it . indeed they set a king above them , quoad potestatem legum executivam , in regard of a power of executing lawes and actuall government , for their good and safetie : but this proveth only that the king is above the people , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in some respect ; but the most eminent and fountaine-power of royaltie remaineth in the people , as in an immortall spring , which they communicate by succession to this or that mortall man , in the manner and measure that they thinke good : and vlpian and bartolus , cited by our prelate out of barclaius , are only to be understood of the derived ▪ secondary and borrowed power of executing lawes , and not of the fountaine power , which the people cannot give away , no more then they can give away their rationall nature ; for it is a power naturall , to conserve themselves , essentially adhering to every created being : for , if the people give all their power away , . what shall they reserve to make a new king , if this man dye ? . what if the royall line surcease ? there be no prophets immediately sent of god , to make kings . . what if he turne tyrant , and destroy his subjects with the sword ? the royalists say , they may flie : but when they made him king , they resigned all their power to him , even their power of flying ; for they bound themselves by an oath ( say royalists ) to all passive and lawfull active obedience : and , i suppose , to stand at his tribunal , if he summoned the three estates , upon treason , to come before him , is conteined in the oath , that royalists say , bindeth all , and is contradictorie to flying . arnisaeus , a more learned iurist and divine then the p. prelate , answereth the other maxime , the end is worthier then the meane leading to the end , because it is ordained for the end . these meanes , saith he , which referre their whole nature to the end , and have all their excellencie from the end , and have excellencie from no other thing but from the end , are lesse excellent then the end ; that is true , such an end as medicine is for health . and hugo grotius , l. . c. . n. . those meanes which are only for the end , & for the good of the end , and are not for their own good , also are of lesse excellencie , and inferior to the end . but so the assumption is false . but those meanes which beside their relation to the end , have an excellencie of nature in themselves , are not alwayes inferior to the end . the disciple , as he is instituted , is inferior to the master ; but as he is the sonne of a prince , he is above the master . but by this reason , the shepherd should be inferior to bruit beasts , to sheep . and the master of the familie is for the familie , and referreth all that he hath for the entertaining of the familie : but it followeth not therefore the familie is above him . the forme is for the action , therefore the action is more excellent then the forme , and an accident then the subject or substance ? and grotius saith ; every government is not for the good of another , but some for its own good , as the government of a master over the servant , and the husband over the wife . ans. i take the answer thus : those who are meere meanes , and only meanes referred to the end , they are inferior to the end : but the king as king , hath all his officiall and relative goodnesse in the world , as relative to the end . all that you can imagine to be in a king , as a king , is all relative to the safety and good of the people , rom. . . he is a minister for thy good . he should not , as king , make himselfe , or his own gaine and honour , his end . i grant , the king , as a man , shall dye as another man , and so he may secondarily intend his own good ; and what excellencie he hath as a man , is the excellencie of one mortall man , and cannot make him amount in dignitie , and in the absolute consideration of the excellencie of a man , to be above many men and a whole kingdome : for the moe good things there be , the better they are , so the good things be multiplicable , as a hundred men are better then one : otherwise , if the good be such as cannot be multiplied , as one god , the multiplication maketh them worse , as many gods are inferiour to one god. now if royalists can shew us any more in the king then these two , we shall be obliged to them ; and in both , he is inferiour to the whole . the prelate and his followers would have the maxime to lose credit ; for then ( say they ) the shepherd should be inferior to the sheep : but in this the maxime faileth indeed . . because the shepherd is a reasonable man , and the sheep bruit beasts , and so must be excellenter then all the flocks of the world . now as he is a reasonable man , he is not a shepherd , nor in that relation referred to the sh●ep and their preservation , as a mean to the end ; but he is a shepherd by accident , for the unrulinesse of the creatures , for mans sinne , withdrawing themselves from that naturall dominion that man had over the creatures , before the fall of man : in that relation of a meane to the end , and so by accident , is this officiall relation put on him ; and according to that officiall relation , and by accident , man is put to be a servant to the bruitish creature , and a meane to so base an end . but all this proveth him , through mans sinne , and by accident , to be under the officiall relation of a meane , to baser creatures then himselfe , as to the end , but not as a reasonable man. but the king , as king , is an officiall and royall meane to this end , that the people may lead a godly and peaceable life under him . and this officiall relation being an accident , is of lesse worth then the whole people , as they are to be governed . and i grant , the kings sonne , in relation to blood and birth , is more excellent then his teachers : but as he is taught , he is inferiour to his teacher : but in both considerations the king is inferior to the people ; for though he cōmand the people , and so have an executive power of law above them , yet have they a fountain power above him , because they made him king , and in gods intention he is given as king for their good , according to that , thou shalt feed my people israel : & that , i gave him for a leader of my people . . saith the p. prelate : the constituent cause is excellenter then the effect constituted , where the constitution is voluntary , and dependeth upon the free act of the will , as when the king maketh a vice-roy or a iudge , durante beneplacito , during his free will : but not when a man maketh over his right to another ; for then there should be neither faith nor truth in covenants , if people might make over their power to their king , and retract and take back what they have once given . ans. this is a begging of the question : for it is denyed that the people can absolutely make away their whole power to the king : it dependeth on the people that they be not destroyed . they give to the king a politique power for their own safetie , and they keepe a naturall power to themselves , which they must conserve , and cannot give away ; and they doe not breake their covenant , when they put in act that naturall power to conserve themselves ; for though the people should give away that power , and sweare , though the king should kill them all , they should not resist , nor defend their own lives ; yet that being an oath against the sixth command , which enjoyneth naturall selfe-preservation , it should not oblige the conscience ; for it should be intrinsecally sinfull ; and it 's all one to sweare to non-self-preservation , as to sweare to selfe-murther . . if the people ( saith the prelate , begging the answer from barclay ) the constituent be more excellent then the effect , and so the people above the king , because they constitute him king. then the counties and corporations may make voyd all the commissions given to the knights and burgesses of the house of commons , and send others in their place , and repeal their orders , therefore buchanan saith , that orders and lawes in parliament were but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preparatorie consultationis , and had not the force of a law , till the people give their consent , and have their influence authoritative , upon the statutes and acts of parliament . but the observator holdeth that the legislative power is whole and intire in the parliament . but when the scots were preferring petitions and declarations , they put all power in the collective body , and kept their distinct tables . ans. there is no consequence here , the counties and incorporations that send commissioners to parliament , may make voyd their commissions and anull their acts , because they constitute them commissioners ; if they be unjust acts , they may disobey them , and so disanull them , but it is presumed god hath given no morall power to doe ill , nor can the counties and corporations give any such power to evill , for they have not any such f●om god , if they be just acts , they are to obey them , and cannot retract commissions to make just orders . illud tantum possumus quod ●ure possumus , and therefore as power to governe justly is irrevocably committed by the three est●tes who made the king , to the king , so is that same power committed by the shires and corporations to their commissioners , to decree in parliament , what is just and good irrevocably , and to take any j●st power from the king which is his due , is a great sin ; but when he abuseth his power to the destruction of his subjects , it is lawfull to throw a sword out of a mad-mans hand , though it be his owne proper sword , and though he have due right to it , and a just power to use it for good , for all fiduciary power abused may be repealed ; and if the knights and burgesses of the house of commons abuse their fiduciary power to the destruction of these shires and corporations , who put the trust on them , the observator did never say that parliamentary power was so intire and irrevocably in them , as that the people may not resist them , anull their commissions , and rescind their acts , and denude them of fiduciary power , even as the king may be denuded of that same power by the three estates , for particular corporations are no more to be denuded of that fountain-power of making commissioners , and of the self preservation , then the three estates are . . the p. prelate commeth not home to the mind of buchanan , who knew the fundamental lawes of scotland , & the power of parliaments , for his meaning was not to deny a legislative power in the parliament , but when he calleth their parliamentary declarations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his meaning is only that which lawyers and schoole-men both say , leges non promulgatae non habent vim legis actu completo obligatoriae , lawes not promulgated doe not oblige the subject while they be promulgated , but he falsifies buchannan , when he saith , parliamentary lawes must have the authoritative influence of the people , before they can be formall lawes , or any more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or preparatory notions . and it was no wonder , when the king denyed a parliament , and the supreme senate of the secret counsell was corrupted , then that the people did set up tables , and extraordinary judicatures of the three estates , seeing there could not be any other government for the time . . barclay answereth to that , the meane is inferiour to the end , it holdeth not , the tutor and curator is for the minor , as for the end , and given for his good ; but it followeth not that therefore the tutor in the administration of the minor or pupils inheritance is not superiour to the minor . ans. . it followeth well that the minor virtually , and in the intention of the law is more excellent then the tutor , though the tutor can exercise more excellent acts then the pupill , by accident , for defect of age in the minor , yet he doth exercise those acts with subordination to the minor , and with correction , because he is to render an account of his doings to the pupill comming to age : so the tutor is only more excellent , and superiour in some respect , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not simply , and so is the king in some respect above the people . the p. prelate beggeth from the royalists another of our arguments , quod efficit tale , est magis tale . that which maketh another such , is farre more such it selfe ; if the people give royall power to the king , then farre more is the royall power in the people . by this ( saith the prelate ) it shall follow if the observator give all his goods to me , to make me rich , the observator is more rich ; if the people give most part of their goods to foment the rebellion , then the people are more rich , having given all they have upon the publicke faith. ans. . this greedy prelate was made richer then ten poore pursevants , by a bishopricke , it will follow well ; ergo the bishopricke is richer then the bishop , whose goods the curse of god blasteth . . it holdeth in efficient causes , so working in other things as the vertue of the effect remaineth in the cause , even after the production of the effect . as the sunne maketh all things light , the fire all things hot , therefore the sun is more light , the fire more hot ; but where the cause doth alienate and make over , in a corporall manner , that which it hath to another , as the hungry prelate would have the observators goods , it holde●h not ; for the effect may exhaust the vertue of the cause , but the people doth , as the fountaine , derive a streame of royalty to saul , and make him king , and yet so as they keepe fountain-power of making kings in themselves ; yea when saul is dead to make david king at hebron , and when he is dead to make solomon king , and after him , to make rehoboam king : and therefore in the people there is more fountaine power of making kings then in david , in saul , in any king of the world ; as for the prelates jeere about the peoples giving of their goods to the good cause , i hope it shall by the blessing of god inrich them more , whereas prelates by the rebellion in ireland ( to which they assent , when they counsell his majesty to sell the blood of some hundred thousands of innocents killed in ireland ) are brought from thousands a yeare , to begg a morsell of bread . the prelate answereth that maxime , quod ef●icit tale , id ipsum est magis tale . that which maketh another such , it is it selfe more such . it is true , de principio formali effectivo ( as i learned in the vniversity ) of such an agent as is formally such in it selfe , as is the effect produced . next , it is such as is effective and productive of it selfe , as when fire heateth cold water , so the quality must be formally inherent in the agent , as wine maketh drunke , it followeth not , wine is more drunke because drunkennesse is not inherent in the wine , nor is it capable of drunkennesse ; and therefore aristotle qualifieth the maxime with this , quod efficit tale est magis tale , modo utrique insit . and it holdeth not in agents , who operate by donation , if the right of the king be transferred from the people to the king. the donation devesteth the people totally of it , except the king have it by way of loane , which to my thinking , never yet any spoke — soveraignty never was , never can be in the community ; soveraignty hath power of life and death , which none hath over himselfe , and the community conceived without government , all as equall , endowed with natures and native liberty , of that community can have no power over the life of another . and so the argument may be turned home , if the people be not tales , such by nature ( as hath formally royall power , he should say ) they cannot give the king royall power . also none hath power of life and death either eminenter or formally , the people either singly or collectively have not power over their owne life , much lesse over their neighbours . ans. . the prelate would make the maxime true of a formall cause , and this he learned in the university of st. andrewes , he wrongeth the university , he rather learned it while he kept the calves of craile , the wall is white from whitenesse , ergo whitenesse is more white by the prelates learning ; never such thing was taught in that learned university . . principium formale effectivum is as good logick , as principium effectivum materiale , formale , finale . the prelate is in his acuracy of logick now , he yet maketh the causality of the formall cause all one with the causality of the efficient , but he is weake in his logicks . . he confoundeth a cause equivocall , and a cause univocall , and in that case the maxime holdeth not . nor is it necessary to make true the maxime , that the quality be inherent in the cause , the same way . for a city maketh a major , but to be a major is one way in the city , and another way in him who is created major ; and the prelates maxime would helpe him , if we reasoned thus : the people maketh the king , ergo the people is more a king , and more formally a soveraigne then the king. but that is no more our argument , then the simile that maxwell used , as neere heart and mouth both . wine maketh drunk the prelate , ergo wine is more drunk . but we reason this , the fountaine-power of making six kings is in the people , ergo there is more fountain-power of royalty in the people then in any one king ; for we read that israel made saul king , and made david king , and made abimelech king ; but never that king saul made another king , or that an earthly king made another absolute king. . the prelate will have the maxime false , where the agent worketh by donation , which yet holdeth true by his owne grant , c. . pag. . the king giveth power to a deputy , ergo there is more power in the king. . he supposeth that which is the basis and foundation of all the question , that people devesteth themselves totally of their fountaine power , which is most false . . either they must devest themselves totally ( saith he ) of their power , or the king hath power from the people , by way of loane , which to my thinking never any yet spake . but the p. prelates thinking is short , and no rule to divines and lawyers , for to the thinking of the learnedst jurists this power of the king is but fiduciary , and that is ( whether the prelate thinke it , or thinke it not ) a sort of power by trust , pawn'd or loane . rex director regni , non proprietarius , molinae . in consuet . parisi . tit. . . . glos. . n. . the king is a life-renter , not a lord , or proprieter of his kingdome . so novel . . in princip . &c. . quod magistratus sit nudus dispensator & defensor jurium regni , non proprietarius , constat ex eo quod non posset alienare imperium , oppida , urbes , regionésve , vel res subditorum , bonàve regni . so gregory , l. . c. . de repub. per c. . sect. praeterea , de propo . feud . hottoman . quest . illust . . ferdinan ▪ vasquez . l. . c. . bossius de princip . & privileg . illius , n. . the king is only a steward , and a defender of the lawes of the kingdome , not a proprietor , because he hath not power to make away the impire , cities , townes , countries , and goods of the subjects : and , bona commissa magistratui , sunt subjecta restitutioni , & in prejudicium successorum alienari non possunt , per l. ult . sect. sed nost . c. comment . de leg . l. peto . fratrem de leg . . l. . ult . d. t. all the goods committed to any magistrate , are under restitution● for he hath not power to make them away to the prejudice of his successors . the prelates thoughts reach not the secrets of jurists , and therefore he speaketh with a warrant ; he will say no more then his short-travel'd thoughts can reach ; and that is but at the doore . . soveraigntie is not in the communitie ( saith the p. prelate . ) truly it neither is , nor can be , more then ten , or a thousand , or a thousand thousands , or a whole kingdome can be one man ; for soveraigntie is the abstract , the soveraigne is the concrete : many cannot be one king or one soveraigne : a soveraigne must be essentially one ; and a multitude cannot be one : but what then ? may not the soveraigne power be eminently , fontaliter ; originally and radically in the people ? i thinke it may , and must be . a king is not an under-iudge , he is not a lord of councell or session formally , because he is more : the people is not king formally , because the people is eminently more then the king ; for they make david king , and saul king. and the power to make a lord of councell and session , is in the king ( say royalists . ) . a communitie hath not power of life and death . a king hath power of life and death , ( saith the prelate ) what then ? ergo , a communitie is not king. i grant all . but ( poore man ! ) ergo , the power of making a king , who hath power of life and death , is not in the people . it is like prelates logick . samuel is not a king ; ergo , he cannot make david a king. it followeth not , by the prelates ground . so the king is not an in inferiour iudge : what ? ergo , he cannot make an inferiour iudge . . the power of life and death is eminently and virtually in the people , collectively taken , though not formally . and though no man can take away his own life , or hath power over his own life formally ; yet a man , and a body of men hath power over their own lives , radically and virtually ; in respect they may render themselves to a magistrate , and to lawes , which if they violate , they must be in hazard of their lives , and so they virtually have power of their own lives , by putting them under the power of good lawes for the peace and safety of the whole . . this is a weake consequence : none hath power of his owne life , ergo , far lesse of his neighbours ( saith the prelate . ) i shall denie the consequence . the king hath not power of his own life , that is , according to the prelates mind , he can neither by the law of nature , nor by any civill law . kill himselfe : ergo , the king hath far lesse power to kill another . it followeth not : for the iudge hath more power over his neighbours life , then over his own . . but , saith the p. prelate , the communitie conceived without government , all as equall , endowed with natures and native libertie , hath no power of life and death , because all are borne free , and so none is borne with dominion and power over his neighbours life . yea but so , mr. p. prelate , a king considered without government , and as born a free man , hath not power of any mans life , more then a communitie hath : for king and begger are borne both alike free . but a communitie in this consideration , as they come from the wombe , have no politique consideration at all . if you consider them as without all policie , you cannot consider them as invested with policie : yea if you consider them so as they are by nature , voyd of all policie , they cannot so much as adde their after-consent and approbation to such a man to be their king , whom god immediately from heaven maketh a king : for to adde such an after-consent , is an act of government . now as they are conceived to want all government , they cannot performe any act of government . and this is as much against himselfe , as against us . . the power of a part , and the power of the whole is not alike . royaltie never advanceth the king above the place of a member : and lawyers say , the king is above the subjects , in sensu diviso , in a divisive sense he is above this or that subject : but he is inferiour to all the subjects collectively taken , because he is for the whole kingdome , as a meane for the end . object . if this be a good reason , that he is a meane for the whole kingdome , as for the end ; that he is therefore inferiour to the whole kingdome : then is he also inferior to any one subject ; for he is a meane for the safety of every subject , as for the whole kingdome . answ. every meane is inferior to its compleat , adequate and whole end : and such an end is the whole kingdome in relation to the king : but every man is not alwayes inferiour to its incompleat , inadequate and partiall end . this or that subject is not adequate , but the inadequate and incompleat end in relation to the king. the prelate saith , kings are dii elohim , gods ; and the manner of their propagation is by filiation , by adoption , sonnes of the most high , and gods first borne . now the first borne is not above every brother severally : but if there were thousands , millions , numberlesse numbers , he is above all in precedencie and power . answ. not only kings , but all inferiour iudges are gods , psal. . god standeth in the congregation of the gods , that is not a congregation of kings . so exo. . . the master of the house shall be brought , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the gods , or to the judges . and that there were more iudges then one , is cleare by vers . . and if they shall condemne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jarshignur , condemnarint , joh. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he called them gods. exod. . . thou shalt be to aaron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a god. they are gods analogically only . god is infinite , not so the king. . gods will is a law , not so the kings . . god is an end to himselfe , not so the king. the iudge is but god by office , and representation , and conservation of the people . . it is denyed that the first-borne is in power before all his brethren , though there were millions . that is but said . one , as one , is inferior to a multitude : as the first-borne was a politick ruler to his brethren , he was inferiour to them politically . object . . the collective vniversitie of a kingdome are subjects , sonnes , and the king their father , no lesse then this or that subject is the kings subject . for the universitie of subjects are either the king , or the king subjects : for all the kingdome must be one of these two ; but they are not the king , ergo , they are his subjects . answ. all the kingdome in any consideration is not either king or subjects . i give a third : the kingdome collective is neither properly king nor subject : but the kingdome embodied in a state , having collaterall or coordinate power with the king. object . . the universitie is ruled by lawes , ergo , they are inferior to the king who ruleth all by law . answ. the universitie properly is no otherwise ruled by lawes , then the king is ruled by lawes . the universitie formally is the compleat politick body , indued with a nomothetick facultie , which cannot use violence against it selfe , and so is not properly under a law. quest . xx. whether or no inferiour judges be univocally and essentially judges , and the immediate vicars of god , no lesse then the king , or if they be onely the deputies and vicars of the king ? it is certain that in one and the same kingdom , the power of the king is more in extension , then the power of any inferiour iudge : but if these powers of the king , and the inferiour iudges differ intensivè and in spece , and nature , is the question , though it be not all the question . assert . inferiour iudges are no lesse essentially iudges , and the immediate vicars of god , then the king. . these who judge in the room of god , and exercise the judgement of god , are essentially iudges , and the deputies of god , as well as the king : but inferiour iudges are such . ergo , the proposition is clear , the formall reason , why the king is univocally and essentially a iudge is , because the kings throne is the lords throne , chron. . . and solomon sate on the throne of the lord , as king , instead of david his father , king. . . it is called davids throne , because the king is the deputy of iehovah , and the judgement is the lords : i prove the assumption . inferiour iudges appointed by king iehoshaphat have this place , chro. . . the king said to the iudges , take heed what ye do , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for ye judge not for man , but for the lord : then they were deputies in the place of the lord , and not the kings deputies in the formall and officiall acts of judging . . wherefore now let the fear of the lord be upon you , take heed and do it , for there is no iniquity with the lord our god , nor respect of persons , or taking of gifts . hence i argue , if the holy ghost in this good king , forbid inriour judges wresting of judgement , respecting of persons , and taking of gifts , because the judgement is the lords ; and if the lord himself were on the bench , he would not respect persons , nor take gifts ; then he presumeth , that inferiour iudges are in the stead and place of jehovah : and that when these inferiour iudges should take gifts , they make ( as it were ) the lord , whose place they represent , to take gifts , and to do iniquitie , and to respect persons : but that the holy lord cannot do . . if the inferiour iudges in the act of judging , were the vicars , and deputies of king jehoshaphat , he would have said , judge righteous judgement ; why ? for the judgement is mine , and if i the king were on the bench , i would not respect persons , nor take gifts ; and you judge for me the supreme judge , as my deputies : but the king saith , they judge not for man , but for the lord. . if by this they were not gods immediate vicars , but the vicars and deputies of the king , then being meer servants , the king might command them to pronounce such a sentence , and not such a sentence as i may command my servant and deputy , in so far , as he is a servant and deputie , to say this , and say not this : but the king cannot limit the conscience of the inferiour iudge , because the judgement is not the kings , but the lords . . the king cannot command any other to do that , as king ; for the doing whereof , he hath no power from god himself , but the king hath no power from god to pronounce what sentence he pleaseth , because the judgement is not his own , but gods : and though inferiour iudges be sent of the king , and appointed by him to be iudges , and so have their externall call from gods deputy , the king ; yet because judging is an act of conscience , as one mans conscience cannot properly be a deputy for another mans conscience , so neither can an inferior iudge , as a iudge , be a deputy for a king : therefore the inferiour iudges have designation to their office from the king ; but if they have from the king , that they are iudges , and be not gods deputies , but the kings , they could not be commanded to execute judgement for god , but for the king : and deut. . . moses appointed iudges , but not as his deputies to judge and give sentence , as subordinate to moses : for the judgement ( saith he ) is the lords , not mine . . if all the inferiour iudges in israel , were but the deputies of the king , and not immediately subordinate to god , as his deputies , then could neither inferiour iudges be admonished , nor condemned in gods word for unjust judgement , because their sentence should be neither righteous , nor unrighteous judgement , but in so far , as the king should approve it , or disapprove it ; and indeed , that royalist hugo grotius saith so , that an inferiour iudge can do nothing against the will of the supreme magistrate , if it be so : when ever god commandeth inferiour iudges to execute righteous judgement , it must have this sense , respect not persons in judgement , except the king command you , crush not the poor , oppresse not the fatherlesse , except the king command you . i understand not such policie : sure i am , the lords commandments , rebukes , and threats , oblige in conscience the inferiour iudge as the superiour , as is manifest in these scriptures , jerem. . . isai. . , . and . . and . . and . . jere. . . ezek. . . amos . . micah . . habak . . . levit . . . deut. . . and . . exod. . . grotius saith , it is here as in a categorie : the middle spece is in respect of the superiour a spece , in respect of the inferiour a genus ; so inferiour magistrates in relation to these who are inferiour to them , and under them , they are magistrates or publike persons , but in relation to superiour magistrates , especially the king , they are private persons , and not magistrates . answ. jehoshaphat esteemed not iudges appointed by himself private men , chron. . , . yee judge not for men , but for the lord. . we shall prove , that under iudges are powers ordained of god. . in scotland the king can take no mans inheritance from him , because he is king : but if any man possesse lands belonging to the crown , the king by his advocate must stand before the lord-iudges of the session , and submit the matter to the laws of the land ; and if the king for propertie of goods , were not under a law , and were not to acknowledge iudges as iudges , i see not how the subject in either kingdoms have any proprietie . . i judge it blasphemie to say , that a sentence of an inferiour iudge must be no sentence , though never so legall , nor just , if it be contrary to the kings will , as grotius saith . he citeth that of augustine : if the consul command one thing , and the emperour another thing , you contemn not the power , but you choose to obey the highest : peter saith , he will have us one way to be subject to the king , as to the supreme , sine ulla exceptione , without any exception , but to these who are sent by the king , as having their power from the king. answ. when the consull commandeth a thing lawfull , and the king that same thing lawfull , or a thing not unlawfull , we are to obey the king , rather then the consull : so i expone augustine . . we are not to obey the king and the consull the same way , that is with the same degree of reverence and submission ; for we owe more submission of spirit to the king , then to the consul ; but magis & minus non variant speciem , more or lesse varieth not the natures of things : but if the meaning be that we are not to obey the inferiour iudge commanding things lawfull , if the king command the contrary , this is utterly denyed : but saith grotius , the inferiour judge is but the deputie of the king , and hath all his power from him ; therefore we are to obey him for the king. answ. the inferiour iudge may be called the deputy of the king , ( where it is the kings place to make iudges ) because he hath his externall call from the king , and is iudge , in foro soli , in the name and authority of the king ; but being once made a iudge in foro poli , before god , he is as essentially a iudge , and in his officiall acts no lesse immediately subjected to god , then the king himself . argum. . these powers to whom we are to yield obedience , because they are ordained of god ; these are as essentially iudges , as the supreme magistrate the king ; but inferiour iudges are such . ergo , inferiour iudges are as essentially iudges , as the supreme magistrate . the proposition is rom. . . for that is the apostles arguments ; whence we prove , kings are to be obeyed , because they are powers from god : i prove the assumption . inferiour magistrates are powers from god , deut. . . and . , . exod. . . jere. . . and the apostle saith , the powers that are , are ordained of god. . christ testified , that pilate had power from god as a iudge ( say royalists ) no lesse then caesar the emperour , iohn . . and pet. . . we are commanded to obey the king , and these that are sent by him , and that for the lords sake , and for conscience to god , and rom. . we must be subject to all powers that are of god , not onely for wrath , but for conscience . . these , who are rebuked , because they execute not just judgement , as well as the king , are supposed to be essentially iudges , as well as the king ; but inferiour iudges are rebuked , because of this , ierem. . , , . ezek. . , , , . zeph. . . amos . , . eccles. . . micah . , , . jerem. . . ierem. . . . he is the minister of god for good , and hath the sword not in vain , but to execute vengeance on the evil doers ; no lesse then the king , rom. . , , . he to whom agreeth , by an ordinance of god , the specifick acts of a magistrate , he is essentially a magistrate . . the resisting of the inferiour magistrate in his lawfull commandments , is the resisting of gods ordinance , and a breach of the fifth commandment , as is disobedience to parents , and not to give him tribute , and fear , and honour , is the same transgression , rom. . , , , , , , . . these stiles of gods , of heads of the people , of fathers , of physicians , and healers of the sonnes of the most high , of such as raign and decree by the wisedome of god , &c. that are given to kings , for the which royalists make kings onely iudges , and all inferiour iudges , but deputed , and iudges by participation , and at the second hand , or given to inferiour iudges , exod. . , . ioh. . . these who are appointed iudges under moses , deut. . . are called in hebrew or chaldee , kings . , . chap. . . mic. . . iosh. . . num. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rasce , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fathers , act. . . iosh. . . c. . . chro. , . healers , esai . . . gods , and sonnes of the most high , psal. . . . . . prov , . , . i much doubt , if kings can infuse godheads in their subjects . i conceive they have from the god of gods these gifts , whereby they are inhabled to be iudges , and that kings may appoint them iudges , but can do no more , they are no lesse essentially iudges then themselves . . if inferiour iudges be deputies of the king , not of god , and have all their authority from the king , then may the king limit the practise of these inferiour iudges . say that an inferiour iudge hath condemned to death an paricide , and he be conveying him to the place of execution , the king commeth with a force to rescue him out of his hand , if this inferiour magistrate beare gods sword for the terrour of ill doers , and to execute gods vengeance on murtherers , he cannot but resist the king in this , which i judge to be his office : for the inferiour iudge is to take vengeance on ill doers , and to use the coactive force of the sword , by vertue of his office , to take away this paracide , now if he be the deputy of the king , he is not to breake the jawes of the wicked , iob . . not to take vengeance on evill doers , rom. . . nor to execute judgement on the wicked , ps. , . nor to execute judgment for the fatherlesse , de. . . except a mortall man his creator , the king say , amen . now truly then god , in all israel , was to rebuke no inferiour iudge for perverting judgement , as he doth , exod. . . . mic. . , , . zach. . . numb . . . deut. . . for the king onely is lord of the conscience of the inferiour iudge , who is to give sentence , and execute sentence righteously upon condition , that the king the onely univocall and proper iudge , first , decree the same , as royalists teach . heare our prelate : how is it imaginable that kings can be said to iudge in gods place , and not receive the power from god ? but kings iudge in gods place , deut. . . chro. . . let no man stumble , ( this is his prolepsis ) at this , that moses in the one place , and iehosaphat in the other speake to subordinate iudges under them , this weakeneth no waies our argument , for it is a ruled case in law ; quod quis facit per alium , facit per se ; all iudgements of inferiour iudges are in the name , authority , and by the power of the supreme , and are but communicatively , and derivatively from the soveraigne power . ans. how is it possible that inferiour iudges , deut. . . . chron. . . can be said to judge in gods place , and not receive the power from god immediatly , without any consent or covenant of men ? so the prelate . but inferiour iudges judge in the gods place , as both the p. prelate and scripture teach , deut. . . . chro. . . let the prelate see to the stumbling conclusion , for so he feareth it proves to his bad cause . . he saith the places , deut. . . chro. . . prove that the king judgeth in the roome of god , because their deputies judge in the place of god. the prelate may know , we would deny this stumbling and ●●me consequence ; for . moses and iehosaphat are not speaking to themselves , but to other inferiour iudges , who doth publickly exhort them . moses and iehosaphat are perswading the regulation of the personall actions of other men , who might pervert iudgement . . the prelate is much upon his law , after he had forsworne the gospell , and religion of the church , where he was baptized . what the king doth by another , that he doth by himselfe ; but were moses and jehosaphat feared that they should pervert iudgement in the unjust sentence pronounced by under iudges , of which sentence they could not know any thing ? and doe inferiour iudges so judge in the name , authority , and power of the king , as not in the name , authority and power of the lord of lords , and king of kings ? or is the iudgement the kings ? no , the spirit of god saith no such matter , the iudgement executed by those inferiour iudges , is the lords , not a mortall kings , ergo a mortall king may not hinder them to execute iudgement . obj. he cannot suggest an unjust sentence , and command an inferiour iudge to give out a sentence absolvatory on cut-throates , but he may hinder the execution of any sentence against irish cut-throates . ans. it is all one to hinder the execution of a just sentence , and to suggest or command the inferiour iudge to pronounce an unjust one , for inferiour iudges by conscience of their office , are both to judge righteously , and by force and power of the sword given to them of god , rom. . , , . to execute the sentence , and so god hath commanded inferiour iudges to execute iudgement , and hath forbidden them to wrest iudgement , to take gifts , except the king command them so to doe . master symmon● , the king is by the grace of god , the inferiour iudge is iudge by the grace of the king , even as the man is the image of god , and the woman the mans image . ans. this distinction is neither true in law , nor conscience ; not in law , for it distinguisheth not betwixt ministros regis , & ministros regni . the servants of the king are his domesticks , the iudges are ministri regni , non regis ; the ministers and iudges of the kingdome , not of the king. the king doth not show grace , as he is a man , in making such a man a iudge , but iustice as a king , by a royall power received from the people , and by an act of iustice , he makes iudges of deserving men , he should neither for favour , nor bribes make any iudge in the land. . it is the grace of god that men are to be advanced from a private condi●ion to be inferiour iudges , as royall dignity is a free gift of god , sam. . . the lord bringeth low , and lifteth up , ps. . god putteth downe one , and seteth up another . court flatterers take from god , and give to kings ; but to be a iudge inferiour , is no lesse an immediate favour of god , then to be king ; though the one be a greater favour then the other . magis honos , and majo● honos are to be considered . . arg. those powers which d●ffer gradually , and per magis & minus , by more and lesse only , differ not in nature and spece , and constitute not kings and inferiour iudges different univocally . but the power of kings and inferiour iudges are such , therefore kings and inferiour iudges differ not univocally . that the powers are the same in nature , i prove . by the specifice acts , and formall object of the power of both , for . both are power ordained of god , rom. . . to resist either , is to resist the ordinance of god , v. . both are by office a terrour to evill workes , v. . . both are the ministers of god for good . . though the king send and give a call to the inferiour iudge , that doth no more make the inferiour iudges powers in nature and spece different , then ministers of the word called by ministers of the word , have offices different in nature . timotheus office to be preacher of the word differeth not in specie , from the office of the presbytery , which layed hands on him , though their office by extension , be more then timothies office. . the peoples power is put forth in those same acts , when they choose one to be their king and supreame governour , and when they set up an aristocraticall government , and choose many , or more then one , to be their governours ; for the formall object of one or many governours is iustice and religion , as they are to be advanced . . the forme and manner of their opperation is ▪ brachio seculari , by a coactive power , and by the sword . . the formall acts of king and many iudges in aristocracy , are these same , the defending of the poore and needy from violence , the conservation of a community in a peaceable and a godly life , tim. . iob . , . esay . . . these same lawes of god that regulateth the king in all his acts of royall government , and tyeth and obligeth his conscience , as the lords deputy to execute iudgement for god , and not in the stead of men , in gods court of heaven , doth in like manner tye , and oblige the conscience of aristocraticall iudges , and all inferiour iudges , as is cleare and evident by these places , tim. . . not only kings , but all in authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are obliged to procure that their subjects leade a quiet and peaceable life , in all godlinesse and honesty . all in conscience are obliged , deut. . . to judge righteously between every man and his brother , and the stranger that is with them . . neither are they to respect persons in judgement , but are to heare the small as well as the great , nor to be affraid of the face of men , the judgement administred by all , is gods. . chro. . . all are obliged to feare god , deut. . . . to keepe the words of the law , not to be lifted up in heart above their brethren , esay . . ier. . , . let any man show me a difference according to gods word , but in the extention that what the king is to doe as a king in all the kingdome , and whole dominions , ( if god give to him many ) as he gave to david and solomon , and ioshua , that the inferiour iudges are to doe in such and such circuits , and limited places , and i quit the cause , so as the inferiour iudges are little kings , and the king a great and delated iudge , as a compressed hand or fist , and the hand stretched out in fingers and thumbe , are one hand , so here . . god owneth inferiour iudges as a congregation of gods , ps. . . . for that god sitteth in a congregation or senate of kings or monarches i shall not beleeve , till i see royalists shew to me a common-wealth of monarches convening in one iudicature ; all are equally called gods , ioh. . . exod. . . if for any cause , but because all iudges even inferiour are the immediate deputies of the king of kings , and their sentence in iudgement as the sentence of the iudge of all the earth , i shall be informed by the p. prelate when he shall answer my reasons , if his interdicted lordship may cast an eye to a poore presbyter below , and as wisedome is that by which kings raigne , prov. . . so also v. . by which princes rule , and nobles , even all the iudges of the earth ; all that is said against this is : that the king hath a prerogative royall , by which he is differenced from all iudges in israel , called jus regis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for ( saith barclay ) the king as king essentially hath a domination and power above all , so as none can c●nsure him , or punish him but god , because ●here be no thrones above his , but the throne of god. the iudges of israel , 〈◊〉 samuel , gedeon , &c. had no domination , the dominion was in gods hand . . wee may resist an inferior iudge ( saith arnisaeus ) otherwise there were no appeale from him , and the wrong we suffer were irreparable , as saith marantius . and all the iudges of the earth ( saith edw. symmons ) are from god more remotely , namely ( mediante rege ) by the mediation of the supreame , even as the lesser starres have their light from god by the mediation of the sun. to the first i answer , there was a difference betwixt the kings of israel and their iudges , no question : but if it be an essentiall difference , it is a question : for , . the iudges were raised up in an extraordinary manner , out of any tribe , to defend the people , and vindicate their libertie , god remaining their king : the king by the lords appointment was tyed , after saul , to the royall tribe of judah , till the messiahs comming . god tooke his own blessed libertie to set up a succession in the ten tribes . . the iudges were not by succession from father to sonne : the kings were , as i conceive , for the typicall eternitie of the messiahs throne , presignified to stand from generation to generation . . whether the iudges were appointed by the election of the people , or no , some doubt , because iepthah was so made iudge : but i thinke it was not a law in israel that it should be so : but the first mould of a king , deut. . is by election . but that god gave power of domineering , that is , of tyrannizing , to a king , so as he cannot be resisted , which he gave not to a iudge , i thinke no scripture can make good : for by what scripture can royalists warrant to us that the people might rise in armes to defend themselves against moses , gideon , eli , samuel , and other iudges , if they should have tyrannized over the people : and that it is unlawfull to resist the most tyrannous king in israel and iudah ? yet barclay and others must say this , if they be true to that principle of tyranny , that the jus regis , the law or manner of the king , sam. . , . & sam. . , doth essentially difference betwixt the kings of israel , and the iudges of israel : but we thinke god gave never any power of tyranny to either iudge or king of israel ; and domination in that sense was by god given to none of them . . arnisaeus hath as little for him , to say the inferior magistrate may be resisted , because we may appeale from him : but the king cannot be resisted , quia sanctitas majestatis id non permittit , the sanctitie of royall majestie will not permit us to resist the king. ans. that is not pauls argument , to prove it unlawfull to resist kings , as kings , and doing their office , because of the sanctitie of their majestie , that is , as the man intendeth , because of the supreme absolute and illimited power that god hath given him . but this is a begging of the question , and all one as to say , the king may not be resisted , because he may not be resisted : for sanctitie of majestie , if we beleeve royalists , includeth essentially an absolute supremacie of power , whereby they are above the reach of all thrones , lawes , powers , or resistance on earth . but the argument is , resist no● , because the power is of god. but the inferiour magistrates power is of god. . resist not , because you resist gods ordinance , in resisting the iudge : but the inferior iudge is gods ordinance , rom. . . deut. . . chro. . . . mr. symmons saith , all iudges on earth are from the kings , as starres have their light from the sun. i answer , . then aristocracie were unlawfull , for it hath not its power from monarchie . had the lords of the philistims , have the states of holland no power but from a monarchie ? name the monarch . have the venetians any power from a king ? indeed our prelate saith from augustine , confess . lib. . cap. . generale pactum est societatis humanae , obedire regibus suis : it is an universall covenant of humane societie , and a dictate of nature , that men obey their kings . i beg the favour of sectaries ( saith he ) to shew as much for aristocracie and democracie . now all other governments to bellies borne at court , are the inventions of men . but i can shew that same warrant for the one as for the other , because it is as well the dictate of nature , that people obey their iudges and rulers , as it is that they obey their kings . and austin speaketh of all iudges , in that place , though he name kings ; for kingly government is no more of the law of nature , then aristocracie or democracie : nor are any borne iudges , or subjects at all : there is a naturall aptitude in all to either of these , for the conservation of nature , and that is all . let us see that men naturally inclining to government , incline rather to royall government , then to any other . that the p. prelate shall not be able to show . for fatherly government being in two , is not kingly , but nearer to aristocracy ; and when many families were on earth , every one independent within themselves , if a commune enemy should invade a tract of land governed by families , i conceive , by natures light they should incline to defend themselves , and to joyne in one politique body for their owne safety , as is most naturall ; but in that case they having no king , and there we●e no reason of many fathers all alike loving their own families and selfe preservation , why one should be king over all , rather then another , except by voluntary compact ; so it is cleare that nature is nearer to aristocracy before this contract , then a monarchy : and let him shew us in multitudes of families dwelling together before there was a king , as cleare a warrant for monarchy , as here is for aristocracy , though to me both be lawdable and lawfull ordinances of god , and the difference meerely accidentall , being one and the same power from the lord , rom. . . which is in divers subjects in one , as a monarchy , in many as in aristocracy , and the one is as naturall as the other : and the subjects are accidentall to the nature of the power . . the starrs have no light at all , but in actuall aspect toward the sun , and they are not lightsome bodies by the free will of the sunne , and have no immediate light from god formally , but from the sun , so as if there were no sun , there should be no starres . . for actuall shining and sending out of beames of light actu secundo , they depend upon the presence of the sun , but for inferiour iudges though they have their call from the king , yet have they gifts to governe from no king on earth , but only from the king of kings . . when the king is dead the iudges are iudges , and they depend not on the king for their second acts of judging , and for the actuall emission and putting forth their beames and raies of justice , upon the poore and needy , they depend on no voluntary aspect , information or commandement of the king , but on that immediate subjection of their conscience to the king of kings . and their iudgement which they execute is the lords immediatly , and not the kings ▪ and so the comparison halteth . arg. our th . arg. if the king dying , the iudges inferiour remaine powers from god , the deputies of the lord of hoasts having their power from god , then are they essentially iudges ; yea and if the estates in their prime representators , and leaders , have power in the death of the king , to choose and make another king , then are they not iudges and rulers by derivation and participation , or unproperly , but the king is rather the ruler by derivation and participation , then these who are called inferiour iudges . now if these iudges depend in their sentences upon the immediat will of him who is supposed to be the only iudge , when this only iudge dyeth , they should cease to be iudges : for expirante mandatore expirat mandatum , because the fountaine iudge drying up , the streames must dry up . now when saul dyed , the princes of the tribes remaine by gods institution princes , and they by gods law and warrant , deut. . choose david their king. . if the king through absolute power doe not send inferiour iudges , and constitute them , but only by a power from the people ; and if the lord have no lesse immediate influence in making inferiour iudges , then in making kings , then is there no ground that the king should be sole iudge , and the inferiour iudge only iudge by derivation from him , and essentially his deputy , and not the immediate deputy of god. but the former is true , ergo so is the latter . and first that the kings absolute will maketh not inferiour iudges , is cleare , from deut. . . moses might not follow his owne will in making inferiour iudges whom he pleased : god tyed him to a law ▪ v. . that he should take wise men , known amongst the people , and fearing god , and hating covetousnesse . and these qualifications were not from moses , but from god ; and no lesse immediatly from god then the inward qualification of a king , deut. . and therefore it is not gods law that the king may make inferiour iudges only , durante beneplacito , during his absolute will ; for if these divine qualifications remaine in the seventy elders , moses at his will could not remove them from their places . . that the king can make heritable iudges more then he can communicate faculties and parts of judging , i doubt , riches are of fathers , but not promotion , which is from god , and neither from the east , nor the west . that our nobles are borne lords of parliament , and iudges by blood , is a positive law. . it seemeth to me from esay . , , , . that the inferiour iudge is made by consent of the people , nor can it be called a wronging of the king , that all cities and burroughs of scotland and england , have power to choose their owne provests , rulers , and majors . . if it be warranted by god , that the lawfull call of god to the throne , be the election of the people , the call of inferiour iudges must also be from the people , mediatly or immediatly : so i see no ground to say that , the inferiour iudge is the kings vicegerent , or that he is in respect of the king , or in relation to supreme authority , only a private man. . these iudges cannot but be univocally and essentially iudges , no lesse then the king , without which in a kingdome iustice is physically unpossible : and anarchie and violence and confusion must follow , if they be wanting in the kingdome . but without inferiour iudges , though there be a king , iustice is physically unpossible , and anarchie and confusion must follow , &c. now this argument is more considerable , that without inferiour iudges , though there be a king in a kingdome , iustice and safety are unpossible , and if there be inferiour iudges , though there be no king , as in aristocracy , and when the king is dead , and another not crowned , or the king is minor , or absent , or a captive in the enemies land , yet justice is possible , and the kingdome preserved ; the medium of the argument is grounded upon gods word , num. . , . when moses is unable alone to judge the people , seventy elders re-joyned with him , . . so were the elders adjoyned to helpe him , exo. . . deut. . . c. . . iosh. . . iudg. . . iudg. . . iudg. . . sam. . . king. . . king. . . chro. . . ruth . . deut. . . ezech. . lament . . . then were the elders of moab thought they had a king. . the end naturall of iudges hath been indigence and weaknesse , because men could not in a society defend themselves from violence , therefore by the light of nature they gave their power to one , or more , and made a iudge , or iudges to obtaine the end of selfe preservation . but nature useth the most efficacious meanes to obtaine its end , but in a great society and kingdome the end is more easily attained by many governours , then by one only ; for where there is but one , he cannot minister iustice to all , and the farther that the children are removed from their father and tutor , they are the nearer to violence and unjustice . iustice should be at as easie a rate to the poore , as a draught of water . samuel went yearely through the land to bethell , gilgall , mizpeh , sam. . . and brought iustice to the doores of the poore . so were our kings of scotland obliged to doe of old ; but now justice is as deare as gold ▪ it is not a good argument to prove inferior iudges to be only vicars and deputies of the king , because the king may censure and punish them when they pervert judgement . . because the king , in that , punisheth them not as iudges , but as men . . that might prove all the subjects to be vicars and deputies of the king , , because he can punish them all , in the case of their breach of lawes . quest . xxi . what power the people and states of parliament have over the king , and in the state ? it is true , the king is the head of the kingdome ; but the states of the kingdome are as the temples of the head , and so as essentially parts of the head , as the king is the crown of the head . assert . . these ordines regni , the states , have been in famous nations : so there were fathers of families , and princes of tribes amongst the jewes : the ephori amongst the lacedemonians , polyb. hist. l. . the senate amongst the romanes : the sorum superbiense amongst the arragonians : the parliaments , in scotland , england , france , spaine . sam. . . abner communed with the elders of israel , to bring the king home . and there were elders in israel , both in the time of the judges , and in the time of the kings ; who did not only give advice and counsell to the judges and kings , but also were iudges , no lesse then the kings , and iudges ; which i shall make good by these places : deut. . . the rebellious son is brought to the elders of the citie , who had power of life and death , and caused to stone him . deut. . . the elders of the citie shall take that man , and chastise him . iosh. . . but beside the elders of every citie , there were the elders of israel , and the princes , who had also judiciall power of life and death , as the iudges and king had . josh. . . even when ioshua was iudge in israel , the princes of the congregation , and heads of the thousands of israel , did judicially cognosce whether the children of reuben , of gad , and of halfe the tribe of manasseh , were apostates from god , and the religion of israel . sam. . . all the elders of israel made david king at hebron : and num. . they are appointed by god not to be the advisers only and helpers of moses , but , v. , . to beare a part of the burden of ruling and governing the people , that moses might be eased . jeremiah is accused , c. . . upon his life , before the princes , iosh. . . the princes sit in judgement with ioshua , iosh. . . ioshua and the princes of the congregation sware to the gibeonites , that they would not kill them . the princes of the house of israel could not be rebuked for oppression in judgement , mic. . , , . if they had not had power of judgement . so zeph. . . and deut. . . . chron. . , . they are expresly made iudges in the place of god. and sam. . . without advise or knowledge of samuel the supreme iudge , they conveene and ask a king : and without any head or superior , when there is no king , they conveene a parliament , and make david king at hebron : and when david is banished , they conveen to bring him home againe : when tyrannous athalia reigneth , they conveene and make ioash king , and that without any king. and iosh. . there is a parliament conveened , and , for any thing we can read , without ioshua , to take cognisance of a new altar . it had been good that the parliaments both of scotland , and of england , had conveened , though the king had not indicted and summoned a parliament ; without the king , to take order with the wicked clergie , who had made many idolatrous altars : and the p. prelate should have brought an argument to prove it unlawfull , iu foro dei , to set up the tables and conventions in our kingdome , when the prelates were bringing in the grossest idolatrie into the church , a service for adoring of altars , of bread , the worke of the hand of the bake● ; a god more corruptible then any god of silver and gold . and against achabs will and minde , king , . elias causeth to kill the priests of baal , according to gods expresse law . it is true , it was extraordinary ; but no otherwise extraordinary then it is at this day . when the supreme magistrate will not execute the judgement of the lord , those who made him supreme magistrate under god , who have , under god , soveraigne libertie to dispose of crownes and kingdomes , are to execute the judgement of the lord , when wicked men make the law of god of none effect . sam. . . so samuel killed hagage , whom the lord expresly commanded to be killed ; because saul disobeyed the voyce of the lord. i deny not but there is necessitie of a cleere warrant that the magistrate neglect his duty , either in not conveening the states , or not executing the judgement of the lord. . i see not how the conveening of a parliament is extraordinarie to the states ; for none hath power ordinary when the king is dead , or when he is distracted , or captive in another land , to conveene the estates and parliament , but they only ; and in their defect , by the law of nature , the people may conveene . but , . if they be essentially iudges no lesse then the king. as i have demonstrated to the impartiall reader , in the former chapter ; i conceive , though the state make a positive law , for orders cause , that the king ordinarily conveene parliaments ; yet , if we dispute the matter in the court of conscience , the estates have intrinsecally ( because they are the estates , and essentially iudges of the land ) ordinary power to conveene themselves : . because when moses , by gods rule , hath appointed seventie men to be catholike iudges in the land , moses upon his sole pleasure and will , hath not power to restraine them in the exercise of judgment given them of god : for as god hath given to any one iudge power to judge righteous judgement , though the king command the contrary ; so hath he given to him power to sit down in the gate , or the bench , when and where the necessitie of the oppressed people calleth for it : for , . the expresse commandement of god , which saith to all iudges , execute judgement in the morning ; involveth essentially a precept to all the physicall actions , without which it is impossible to execute judgement : as namely , if by a divine precept the iudge must execute judgement ; ergo , he must come to some publique place , and he must cause partie and witnesses come before him , and he must consider , cognosce , examine in the place of judgement , things , persons , circumstances : and so god who commandeth positive acts of judgeing , commandeth the iudges locomotive power , and his naturall actions of compelling by the sword the parties to come before him : even as christ who commandeth his servants to preach , commandeth that the preacher and the people goe to church , and that he stand or sit in a place where all may heare , and that he give himselfe to reading and meditating , before he come to preach . and if god command one iudge to come to the place of judgement , so doth he command seventie , and so all estates to conveen in the place of judgement . it is objected , that the estates are not iudges ordinary and habitually , but only iudges at some certaine occasions , when the king , for cogent and weighty causes , calleth them , and calleth them not to judge , but to give him advise and counsell how to judge . ans. . they are no lesse iudges habitually then the king , when the common affaires of the whole kingdome necessitateth these publique watchmen to come together : for even the king judgeth not actually , but upon occasion . . this is to beg the question , to say that the estates are not iudges , but when the king calleth them , at such and such occasions : for the elders , princes and heads of families and tribes , were iudges ordinarie , because they made the king. and . the kingdome , by god , yea , and church , iustice and religion , so far as they concerne the whole kingdome , are committed not to the keeping of the king only , but to all the iudges , elders , and princes of the land : and they are rebuked as evening wolves , lyons , oppressors , ezech. . . zaca . . . esa. . , . mic. . , , . when they oppresse the people in judgement , so are they , deut. . , , . chron. . , . made iudges , and therefore they are no more to be restrained not to conveene , by the kings power , ( which is in this , accumulative and auxiliarie , not privative ) then they can be restrained in judgement , and in pronouncing such a sentence , as the king pleased , and not such a sentence : because as they are to answer to god for unjust sentences , so also for no just sentences , and for not conveening to judge , when religion and iustice , which are fallen in the streets , calleth for them . . as god in a law of nature , hath given to every man the keeping and selfe-preservation of himselfe , and of his brother ; cain ought in his place to be the keeper of abel his brother . so hath god committed the keeping of the commonwealth , by a positive law , not to the king only , because that is impossible , num. . , . chron. . , , , , , . chron. . . if the king had such a power as king , and so from god , he should have power to breake up the meeting of all courts of parliament , secret councell , and all inferior iudicatures : and when the congregation of gods , as ps. . in the midst of which the lord standeth , were about to pronounce just judgement for the oppressed and poere , they might be hindred by the king ; and so they should be as just as the king maketh them , and might pervert judgement , and take away the righteousnesse of the righteous from him , esa. . . because the king commandeth : and the cause of the poore should not come before the iudge , when the king so commandeth . and shall it excuse the estates , to say , we could not judge the cause of the poore , nor crush the priests of baal , and the idolatrous masse-preltes , because the king forbad us . so might the king breake up the meeting of the lords of session , when they were to decerne that naboths vineyard should be restored to him ; and hinder the states to represse tyranny : and this were as much as if the states should say , we made this man our king , and with our good will we agree , he shall be a tyrant . for if god gave it to him as a king , we are to consent that he enjoy it . . if barclay and other flatterers have leave to make the parliament but counsellers and advisers of the king ; and the king to be the only and sole iudge : . the king is , by that same reason , the sole iudge , in relation to all iudges ; the contrary whereof is cleere , num. . . deut , . , , . chron. . . rom. . , . pet. . , . yea but ( say they ) the king ; when he sendeth an ambassadour , he may tye him to a written commission ; and in so far as he exceedeth that , he is not an ambassadour : and cleare it is , that all inferiour iudges , pet. . , . are but sent by the king , ergo , they are so iudges , as they are but messengers , and are to adhere to the royall pleasure of the prince that sent them . ans. . the ambassadour is not to accept an unjust ambassage , that fighteth with the law of nature . . the ambassadour and the iudge differ , the ambassadour is the king and states deputy , both in his call to the ambassage , and also in the matter of the ambassage ; for which cause he is not to transgresse what is given to him in writ , as a rule ; but the inferiour iudges , and the high court of parliament , though they were the kings deputies ( as the parliament is in no sort his deputy , but he their deputy royall ) yet it is only in respect of their call , not in respect of the matter of their commission , for the king may send the iudge to judge in generall according to the law , and iustice and religion , but he cannot depute the sentence , and command the conscience of the judge to pronounce such a sentence , not such , the inferiour iudge in the act of judging is as independent , and his conscience as immediatly subject to god , as the king , therefore the king owes to every sentence his approbative suffrage as king , but not his either directive suffrage , nor his imperative suffrage of absolute pleasure , . if the king should sell his country , and bring in a forraigne army , the estates are to convene , to take course for the safety of the kingdome . . if david exhort the princes of israel to helpe king solomon in governing the kingdome , in building the temple , chron. . . ezechiah tooke counsell with his princes , and his mighty men in the matter of holding off the assyrians , who were to invade the land , if david chron. . , , , . consult with the captaines of thousands , and hundreds to bring the arke of god to kireath joarim , if solomon king. . . assemble the elders of israel , and all the heads of the tribes , and the chief of the fathers to bring the arke of the tabernacle , to the congregation of the lord. and achab gather together the states of israel , in a matter that nearely concerned religion . if the elders and people , king. . . counsell and decree , that king achab should hearken to benhadad king of syria , and if ahasuerus make no decrees , but with consent of his princes , ester , . . nor darius any act without his nobles and princes , if hamor and schechem , genes . . . would not make a covenant with iacobs sons , without the consent of the men of the city , and ephron the hittite would not sell abraham a buriall place in his land without the consent of the children of heth , gen. . . then must the estates have a power of judging with the king or prince in matters of religion , iustice , and government , which concerne the whole kingdome ; but the former is true by the records of scripture , ergo , so is the latter . . the men of ephraim complaine that iephtah had gone to warre against the children of ammon without them , and hence rose warre betwixt the men of ephraim , and the men of gilead , iud. . , , . and the men of israel fiercely contend with the men of iudah , because they brought king david home againe without them , pleading that they were therein dispised , sam. . , , . which evinceth that the whole states have hand in matters of publick government , that concerne all the kingdome ; and when there is no king , iudg. . the chiefe of the people , and of all the tribes goe out in battell , against the children of benjamin . . these who make the king , and so have power to unmake him in the case of tyranny , must be above the king in power of government ; but the elders and princes made both david and saul kings . . there is not any who say that the princes and people , sam. . did not right in rescuing innocent ionathan from death , against the kings will , and his law. . the speciall ground of royalists is to make the king the absolute supreame , giving all life and power to the parliament and states , and of meere grace convening them . so ferne , the author of ossorianum , p. . but this ground is false , because the kings power is fiduciary , and put in his hand upon trust , and must be ministeriall , and borrowed from these who put him in trust , and so his power must be lesse , and derived from the parliament : but the parliament hath no power in trust from the king , because the time was , when the man who is the king , had no power , and the parliament had the same power that they now have ; and now when the king hath received power from them , they have the whole power that they had before . that is , to make lawes , and resigned no power to the king , but to execute lawes , and his convening of them is an act of royall duty , which he oweth to the paliament by vertue of his office , and is not an act of grace , for an act of grace is an act of free will , and what the king doth of free will , he may not doe , and so he may never convene a parliament . but when david , salomon , asa , ezekiah , iehosaphat , achas convened parliaments , they convened parliaments as kings , and so ex debito & virtute officii , out of debt and royall obligation , and if the king as the king , be lex animata , a breathing and living law , the king as king must doe by obligation of law , what he doth as king , and not from spontaneous and arbitrary grace . . if the scripture holds forth to us a king in jsrael , and two princés and elders who made the king , and had power of life and death , as we have seene ; then is there in israel monarchy tempered with aristocracy ; and if there were elders and rulers in every city , as the scripture saith , here was also aristocracy and democracy . and for the warrant of the power of the estates i appeale to iurists , and to approved authors . argu. l. aliud . . § . . de iur. reg. l. . mortuo de fidei . l. . . ad mum. l. . . . sigonius de rep. iudaeor . l. . c. . cornelius bertramo , c. . iunius brutus vindic. contra . tyran . § . . author libelli de jur magistrat . in subd . q. . althus . politic. c. . calvin institut . l. . c. . pareus coment . in rom. . pet. martyr in lib. iudic. c. . ioan. marianus de rege lib. . c. . hottoman de jure antiq. regni gallici l. . c. . buchanan de jure regni apud scotos . obj. the king after a more noble way representeth the people , then the estates doth ; for the princes and commissioners of parliament have all their power from the people , and the peoples power is concentricated in the king. ans. the estates taken collectively doe represent the people both in respect of office , and of persons , because they stand iudges for them ; for many represent many , ratione numeri & officii , better then one doeth . the king doth unproperly represent the people , though the power for actuall execution of lawes , be more in the king , yet a legislative power is more in the estates . neither will it follow , that if the estates of a kingdome doe any thing but counsell a king , they must then command him ; for a legall and judiciall advice hath influence in the effect to make it a law , not on the kings will , to cause him give the being of a law to that , which without his will is no law , for this supponeth that he is only iudge . obj. what power the people reserveth , they reserve it to themselves in unitate , as united in a parliament ; and therefore what they doe out of a parliament is tumultous . ans. i deny the consequence , they reserve the power of selfe preservation out of a parliament , and a power of convening in parliament for that effect , that they may by common counsell defend themselves . quest . xxii . whether the power of the king as king be absolute , or dependent and limited by gods first mould and paterne of a king ? doctor ferne sheweth us it was never his purpose to plead for absolutenesse of an arbitrary commandement , free from all morall restraint laid on the power by gods law ; but only he striveth for a power in the king that cannot be resisted by the subject . but truely we never disputed with royalists of any absolute power in the king , free from morall subjection to gods law . because any bond that gods law imposeth on the king , it commeth wholly from god , and the nature of a divine law , and not from any voluntary contract , or covenant , either expresse , or tacito , betwixt the king and the people who made him king , for if he faile against such a covenant , though he should exceed the cruelty of a king , or a man , and become a lion and a nero , a mother-killer , he should in all his inhumanity and breach of covenant be countable to god , not to any man on earth . . to dispute with royalists , if gods law lay any morall restraint upon the king , nor to dispute whether the king be a rationall man , or no ; and whether he can sin against god , and shall cry in the day of gods wrath ( if he be a wicked prince ) hills fall on us , and cover us , as it is revel . . , . and whether tophet be prepared for all workers of iniquity ; and certainly i justifie the schoole-men in that question : whether or no god could have created a rationall creature , such a one as by nature is impeccable , and not naturally capable of sinne before god ? if royalists dispute this question of their absolute monarch , they are wicked divines . . we plead not at this time ( saith the prelate stealing from grotius , barclaius , arnisaeus , who spake it with more sinewes of reason ) for a ( masterly , or ) despoticall , or rather a slavishing soveraignty , which is dominium herile , an absolute power , such as the great turke this day exerciseth over his subjects , and the king of spaine hath over , and in his territories without europe : we maintain only regiam potestatem , quae fundatur in paterna , such royall fatherly soveraignty as we live under , blessed be god , and our predecessors . this ( saith he ) as it hath its royall prerogative inherent to the crowne naturally , and inseparable from it , so it trencheth not upon the liberty of the person , or the property of the goods of the subject , but in , and by the lawfull and just acts of jurisdiction . ans. . here is another absolute power disclaimed to be in the king , he hath not such a masterly and absolute liberty as the turke hath . why ? iohn p. p. in such a tender and high point as concerneth soule and body of subjects in three christian kingdomes , you should have taught us . what bonds and fetters any covenant or paction betwixt the king and people layeth upon the king , why he hath not as king the power of the great turke . i will tell you . the great turke may command any of his subjects to leape into a mountaine of fire , and burne himselfe quick , in conscience of obedience to his law. and what if the subject disobey the great turk ? if the great turke be a lawfull prince , as you will not deny . and if the king of spaine should command forraine conquered slaves to doe the like . by your doctrine neither the one , nor the other were obliged to resist by violence , but to pray , or fly , which both were to speake to stones , and were like the man , who in case of ship-wrack , made his devotion of praying to the waves of the sea , not to enter the place of his bed and drowne him . but a christian king hath not this power ; why , and a christian king ( by royalists doctrine ) hath a greater power then the turke ( if greater can be ) he hath power to command his subjects to cast themselves into hell-fire ; that is , to presse on them a service wherein it is written . ( adore the worke of mens hands in the place of the living god ) and this is worse then the turkes commandement of bodily burning quick . and what is left to the christian subjects , in this case , is the very same , and no other then is left to the turkish and forraigne spanish subject ; either flee , or make prayers : there is no more left to us . . many royalists maintaine , that england is a conquered nation . why then , see what power , by law of conquest , the king of spaine hath over his slaves , the same must the king of england have over his subjects . for , to royalists , a title by conquest to a crown , is as lawfull as a title by birth or election . for lawfulnesse , in relation to gods law , is placed in an indivisible point , if we regard the essence of lawfulnesse : and therefore there is nothing left to england , but that all protestants who take the oath of a protestant king , to defend the true protestant religion , should , after prayers , conveyed to the king through the fingers of prelates and papists ; leave the kingdome empty to papists , prelates and atheists . . all power restrained , that it cannot arise from ten degrees to foureteen , from the kingly power of saul , sam. . , . to the kingly power of the great turke , to fourteen ; . must either be restrained by gods law ; . or by mans law ; or . by the innate goodnes and grace of the prince ; or . by the providence of god. a restraint from gods law is vaine : for it is no question between us and royalists , but god hath laid a morall restraint on kings , and all men , that they have not morall power to sinne against god. . is the restraint laid on by mans law ? what law of man ? . the royalist saith , . the king , as king , is above all law of man. then ( say i ) no law of man can hinder the kings power of ten , to arise to the turkish power of foureteen . . all law of man , as it is mans law , is seconded either with ecclesiasticall and spirituall coaction , such as excommunication ; , or with civill and temporall coaction , such as is the sword , if it be violated . but royalists deny , that either the sword of the church in excommunication , or the civill sword , should be drawn against the king. . this law of man should be produced by this profound iurist , the p. prelate , who mocketh at all the statists and lawyers of scotland . it is not a covenant betwixt the king and people , at his coronation : for though there were any such covenant , yet the breach of it doth binde before god , but not before man : nor can i see , or any man else , how a law of man can lay a restraint on the kings power of two degrees , to cancell it within a law , more then on a power of ten , or fourteene degrees . if the king of spaine , the lawfull soveraigne of those over-european people , ( as royalists say ) have a power of foureteene degrees over those conquered subjects , as a king ; i see not how he hath not the like power over his own subjects of spaine , to wit , even of foureteen : for what agreeth to a king , as a king , ( and kingly power from god he hath as king ) he hath it in relation to all subjects , except it be taken from him in relation to some subj●cts , and given by some law of god ; or in relation to some other subjects . now , no man can produce any such law . . the nature of the goodnesse and grace of the prince , cannot lay bonds on the king , to cancell his power , that he should not usurpe the power of the king of spaine toward his over-europeans . . royalists plead for a power due to the king , as king , and that from god ; such as saul had , sam. . , . sam. . . but this power should be a power of grace and goodnesse in the king , as a good man ; not in the king , as a king , and due to him by law : and so the king should have his legall power from god , to be a tyrant . but if he were not a tyran● , but should lay limits on his own power , through the goodnesse of his own nature ; no thankes to royalists that he is not a tyrant : for , actu primo , and as he is a king , ( as they say ) he is a tyrant , having from god a tyrannous power of ten degrees , as saul had , sam. . and why not of foureteen degrees , as well as the great turke , or the king of spaine ? if he use it not , it is his own personall goodnesse , not his officiall and royall power . . the rastraint of providence laid by god upon any power to doe ill , hindreth only the exercise of the power not to breake forth in as tyrannous acts as ever the king of spaine , or the great turke can exercise toward any . yea , providence layeth physicall restraint , and possibly morall , sometimes , upon the exercise of that power that devils , and the most wicked men of the world hath : but royalists must shew us that providence hath laid bounds on the kings power , and made it fatherlie , and not masterly ; so that if it the power exceed bounds of fatherly power , and passe over to the dispoticall and masterly power , it may be resisted by the subjects . but that they will not say . . this paternall and fatherly power that god hath given to kings , as royalists teach , it trencheth not upon the libertie of the subjects , and propertie of their goods ; but in , and by lawfull and just acts of jurisdiction ( saith the p. prelate : ) well ; then it may trench upon the libertie of soule and body of the subjects ; but in , and by lawfull and just acts of of jurisdiction : but none are to judge of these acts of iurisdiction , whether they be just or not just , but the king , the only iudge of supreme and absolute authoritie and power . and if the king command the idolatrous service in the obtruded service-booke , it is a lawfull and a just act of jurisdiction : for to royalists , who make the kings power absolute , all acts are so just to the subject , though he command idolatrie and turcisme , that we are to suffer only , and not to resist . . the prelate presumeth that fatherly power is absolute : but so if a father murther his childe , he is not comptable to the magistrate therefore ; but being absolute over his children , only the judge of the world , not any power on earth can punish him . . we have proved that the kings power is paternall or fatherly only , by analogie , and improperly . . what is this prerogative royall , we shall heare by and by , . there is no restraint on earth , laid upon this fatherly power of the king , but gods law , which is a morall restraint . if then the king challenge as great a power as the turke hath , he o●ly sinneth against god ; but no mortall man on earth may controll him , as royalists teach : and who can know what power it is that royalists plead for , whether a dispoticall power of lordly power , or a fatherly power ? if it be a power above law , such as none on earth may resist it ; it is no matter whether it be above law of two degrees , or of twenty , even to the great turkes power . these goe for oracles , at court. tacitus . principi summum rerum arbitrium dii dederunt , subditis obsequii gloria relicta est . seneca . indigna digna habenda sunt , rex quae facit . salustius . impunè quidvis facere , id est , regem esse . as if to be a king , and to be a god , who cannot erre , were all one . but certainly , these authors are taxing the licence of kings , and not commanding their power . but that god hath given no absolute and unlimited power to a king , above the law , is evident by this : arg. . he who in his first institution , is appointed of god , by office , even when he sitteth on the throne , to take heed to read on a written copie of gods law , that he may learne to feare the lord his god , and keep all the words of this law , &c. he is not of absolute power above law . but , deut. . , . the king , as king , while he sitteth on the throne , is to doe this ; ergo , the assumption is cleare : for this is the law of the king , as king ; and not of a man , as a man. but as he sitteth on the throne , he is to read on the booke of the law : and ver . . because he is king , his heart is not to be lifted up above his brethren . and as king , v. . he is not to multiply horses , &c. so polititians make this argument good : they say , rex est lex viva , animata . & loquens lex : the king , as king , is a living , breathing , and speaking law. and there be three reasons of this : . if all were innocent persons , and could doe no violence one to another ; the law would rule all , and all men would put the law in execution , agendo sponte , by doing right of their own accord ; and there should be no need of a king to compell men to do right . but now , because men are , by nature , averse to good lawes , therefore there was need of a ruler , who by office should reduce the law into practice : and so is the king the law reduced in practice . . the law is ratio five mens , the reason or minde , free from all perturbations of anger , lust , hatred , and cannot be tempted to ill ; and the king , as a man , may be tempted by his own passions ; and therefore as king , he commeth by office out of himselfe to reason and law ; and so much as he hath of law , so much of a king ; and in his remotest distance from law and reason , he is a tyrant . . abstracta concretis sunt puriora & perfectiora . iustice is perfecter then a just man , whitenes perfecter then the white wall : so the neerer the king comes to a law , for the which he is a king , the neerer to a king ; propter quod unumquodque tale , id ipsum magis tale . therefore kings throwing lawes to themselves , as men , whereas they should have conformed themselves to the law , have erred . cambyses the sonne of cyrus , because he loved his own sister , would have the mariage of the brother with the sister , lawfull . anaxarchus said to alexander , grieved in minde that he had killed clytus : regi ac iovi themin atque iustitiam assidere : iudgement and righteousnesse did alway accompanie god and the king in all they doe . but some to this purpose say better ; the law , rather then the king , hath power of life and death . arg. . the power that the king hath ( i speak not of his gifts ) he hath it from the people , who maketh him king , as i proved before : but the people have neither formally nor virtually any power absolute to give the king , all the power they have , is a legall and naturall power to guide themselves in peace and godlinesse , and save themselves from unjust violence , by the benefit of rulers . now an absolute power above a law is a power to doe ill , and to destroy the people , and this the people have not themselves , it being repugnant to nature , that any should have a naturall power in themselves to destroy themselves , or to inflict upon themselves an evill of punishment to destruction . though therefore it were given , which yet is not granted , that the people had resigned all power that they have into their king , yet if he use a tyrannicall power against the people for their hurt and destruction , he useth a power that the people never gave him ; and against the intention of nature : for they invested a man with power to be their father , and defender for their good , and he faileth against the peoples intention in usurping an over power to himselfe , which they never gave , never had , never could give , for they cannot give what they never had , and power to destroy themselves they never had . . arg. all royall power , whereby a king is a king , and differenced from a private man , armed with no power of the sword , is from god. but absolute power to tyranize over the people , and to destroy them , is not a power from god : ergo there is not any such royall power absolute . the proposition is evident , because that god who maketh kings , and disposeth of crownes , prov. . , . sam. . . daniel . . must also create and give that royall and officiall power , by which a king is a king , . because god created man , he must be the author of his reasonable soule ; if god be the author of things , he must be the author of their formes , by which they are , that which they are . . all power is gods. chro. . matth. . . ps. . . p● . . . dan. . . and that absolute power to tyrannize , is not from god. . because if this morall power to sinne be from god , it being formally wickednesse , god must be the author of sinne . . what ever morall power is from god , the exercises of that power , and the acts thereof must be from god , and so these acts must be morally good and just ; for if the morall power be of god , as the author , so must the acts be . now the acts of a tyrannicall power are acts of sinfull unjustice and oppression , and cannot be from god. . polititians say , there is no power in rulers to doe ill , but to helpe and defend the people , as the power of a physitian to destroy ; of a pilot to cast away the ship on a rock , the power of a tutor to wast the inheritance of the orphan , and the power of father and mother to kill their children , and of the mighty to defraud and oppresse , are not powers from god. so ferdinand vasquez illustr . quest . l. . c. . c. . pruckman d. c. . § . soluta potestas . althus . pol. cap. . n. . barclaius , grotius , doct. ferne , ( the p. prelates wit could come up to it ) say , that absolute power to do ill , so as no mortall man can lawfully resist it is from god ; and the king hath this way power from god as no subject can resist it , but he must resist the ordinance of god , and yet the power of tyranny is not simply from god. answ. the law saith , illud possumus quod jure possumus , papinus f. filius , d. de cond . just. the law saith , it is no power which is not lawfull power . the royalists say , power of tyranny in so farre as it may be resisted , and is punishable by men , is not from god ; but what is the other part of the distinction ; it must be , that tyrannicall power is simpliciter from god , or in it self it is from god , but as it is punishable or restrainable by subjects , it is not from god : now to be punishable by subjects , is but an accident and tyrannicall power is the subject , yea , and it is an separable accident ; for many tyrants are never punished , and their power is never restrained , such a tyrant was saul , and many persecuting emperours : now if the tyrannicall power it self was from god , the argument is yet valid , and remaineth unanswered ; and shall not this fall to the ground as false , which arnisaeus de autho . princ . c. . n. . dum contra officium facit . magistratus non est magistratus , quippe a quo non injuria , sed jus nasci debeat , l. meminerint . . c. unde vi . din. in c. quod quis , . n. , . — et de hoc neminem dubitare aut dissentire scribit , marant . 〈◊〉 . . num . . when the magistrate doth by violence , and without law any thing ▪ in so farre doing against his office , he is not a magistrate ; then say i , that power by which he doth , is not of god. . none doeth then resist the ordinance of god , who resist the king in tyrannous acts . . if the power , as it cannot be punished by the subject , nor restrained , be from god. ergo , the tyrannicall power itself , and without this accident ( that it can be punished by men ) it must be from god also ; but the conclusion is absurd , and denied by royalists . i prove the connexion : for if the king have such a power above all restraint , the power it self , to wi● , king davids power to kill innocent vriah , and defloor bathshebah , without the accident , of being restrained or punished by men , is either from god , or not from god ; if it be from god , it must be a power against the sixth and seventh commandment , which god gave to david , and not to any subject , and so david lied when he confessed this sin , and this sin cannot be pardoned because it was no sin ; and kings because kings , are under no tye of duties of mercy and truth , and j●stice to their subjects , contrary to that which gods law requireth of all judges , deut. . , , . and . , , , , , . chro. . , . rom. . , . if this power be from god , as it is unrestrainable and unpunishable by the subject , it is not from god at all ; for how can god give a power to do ill , that is unpunishable by men , and not give that power to do ill ; it is unconceiveable : for in this very thing that god giveth to david , a power to murther the innocent , with this respect . that it shall be punishable by god onely , and not by men , god must give it as a sinfull power to do ill , which must be a power of dispensation to sin , and so not to be punished by either god , or man , which is contrary to his revealed will in his word : if such a power as not restrainable by man , be from god , by way of permission , as a power to sin in divels , and men is , then it is no royall power , nor any ordinance of god , and to resist this power , is not to resist the ordinance of god. argum. . that power which maketh the benefit of a king , to be no benefit , but a judgement of god , as a making all the people slaves , such as were slaves amongst the romans and jews , is not to be asserted by any christian : but an absolute power to do ill , and to tyrannize , which is supposed to be an essentiall and constitutive of kings , to difference them from all judges , maketh the benefit of a king no benefit , but a judgement of god , as making all the people slaves . that the major may be clear , it is evident to have a king , is a blessing of god , because to have no king is a judgement , judg. . . every man doth what seemeth good in his own eyes , judg. . . and . . and . . . so it is a part of gods good providence to provide a king for his people , sam. . . so sam. . . and david perceived that the lord had established him king over israel , and that he had exalted his kingdom , for his people israels sake , sam. . , , . sam. . . rom. . , , . if the king be a thing good in it self , then can he not actu primo , be a curse and a judgement , and essentially a bondage and slavery to the people : also the genuine and intrinsecall end of a king is the good , rom. . . and the good of a quiet a peaceable life in all godlinesse and honesty , tim. . . and he is by office , custos utriusque tabulae , whose genuine end is to preserve the law from violence , and to defend the subject ; he is the peoples debtor for all happynesse possible to be procured by gods sword , either in peace or war , at home or abroad . for the assumption , it is evident . an absolute and arbitrary power is a king-law , such as royalists say god gave to saul , sam. . , . and . . to play the tyrant , and this power arbitrary and unlimited above all laws , is that which . is given of god. . distinguisheth essentially the kings of israel from the iudge , saith barclay , grotius , arnisaeus . . a constitutive form of a king , therefore it must be actu primo a benefit , and a blessing of god : but if god hath given any such power absolute to a king , as . his will must be a law , either to do or suffer all the tyranny and cruelty of a tyger , leopard , or a nero , and a julian , then hath god given actu primo , a power to a king as king , to inslave the people and flock of god , redeemed by the blood of god , as the slaves among the romans and iews , who were so under their masters , as their bondage was a plague of god , and the lives of the people of god under pharaoh , who compelled them to work in brick and clay . . though he cut the throats of the people of god , as the lionnesse queen mary did , and command an army of souldiers to come and burn the cities of the land , and kill man , wife , and children ; yet in so doing , he doth the part of a king , so as you cannot resist him as a man , and obey him as a king , but must give your necks to him , upon this ground , because this absolute power of his is ordained of god ; and there is no power , even to kill , and destroy the innocent , but it is of god , so saith paul , rom. . if we beleeve court-prophets , or rather lying-spirits , who perswade the king of britain , to make war against his three dominions . now it is clear , that the distinction of bound and free , continued in israel even under the most tyrannous kings , kings . . yea , even when the iews were captives under ahasuerus , esther . . and what difference should there be between the people of god under their own kings , and when they were captives under tyrants , serving wood and stone , and false gods , as was threatned , as a curse in the law , deut. , , , , . if their own kings by gods appointment have the same absolute power over them ; and if he be a tyrant , actu primo , that is , if he be indued with absolute power , and so have power to play the tyrant , then must the people of god be actu primo , slaves , and under absolute subjection , for they are relatives , as lord and servant , conquerour and captive . it is true , they say , kings by office are fathers , they cannot put forth in action their power to destroy : i answer , it is their goodnesse of nature , that they put not forth in action , all their absolute power to destroy , which god hath given them as kings ; and therefore thanks are due to their goodnesse , for that they do not actu secundo play the tyrant ; for royalists teach that by vertue of their office , god hath given to them a royall power to destroy . ergo , the lords people are slaves under them , though they deal not with them as slaves , but that hindereth not , but the people by condition are slaves : so , many conquerours of old , did deal kindely with these slaves whom they took in war , and dealt with them as sons , but as conquerours they had power to sell them , to kill them , to put them to work in brick and clay : so say i here , royall power and a king , cannot be a blessing , and actu primo a favour of god to the people ; for the which they are to pray , when they want a king , that they may have one , or to praise god when they have one . but a king must be a curse and a judgement , if he be such a creature as essentially , and in the intention and nature of the thing it self , hath by office a royall power to destroy , and that from god ; for then the people praying ( lord give us a king ) should pray ( make us slaves , lord , take our libertie and power from us , and give a power illimited and absolute to one man , by which he may ( if he please ) waste us and destroy us , as all the bloody emperours did the people of god. ) surely , i see not but they should pray for a temptation , and to be led in temptation when they pray god to give them a king , and therefore such a power is a vain thing . argum. . a power contrary to justice . . to peace and the good of the people . . that looketh to no law as a rule , and so is unreasonable , and forbidden by the law of god , and the civill law , l. . filius de condit . instit. cannot be a lawfull power , and cannot constitute a lawfull iudge ; but an absolute and unlimited power is such : how can the iudge be the minister of god for good to the people , rom. . ? if he have such a power as a king given him of god to destroy and waste the people ? argum. . an absolute power is contrary to nature , and so unlawfull ; for it maketh the people give away the naturall power of defending their life against illegall and cruell violence , and maketh a man who hath need to be ruled and lawed by nature , above all rule and law ; and one who by nature can sin against his brethren , such a one as cannot sin against any , but god onely , and maketh him a lion and an unsociall man. what a man is nero , whose life is poesie & paintry , domitian only an archer . valentinian only a painter , charles the ●h . of france only an hunter , alphonsus dux ferrariensis only an astronomer , philippe of macedo only a musitian , and all because they are kings ? this our king denyeth when he saith , art. . there is power legally placed in the parliament , more then sufficient to prevent and restraine the power of tyranny . but if they had not power to play the lions , it is not much that kings are musitians , hunters , &c. . god in making ● king to preserve his people , should give liberty without all politick restraint , for one man to destroy many ; which is contrary to gods end in the fift commandement , if one have absolute power to destroy soules and bodies of many thousands . . if the kings of israel and iudah were under censures and rebukes of the prophets , and sinned against god and the people in rejecting these rebukes , and in persecuting the prophets , and were under this law not to take their neighbours wife , or his vineyard from him against his will , and the inferiour iudges were to accept the persons of none in iudgement , small or great ; and if the king yet remaine a brother , notwithstanding he be a king , then is his power not above any law nor absolute : for what reason ? . he should be under one law of god to be executed by men , and not under another law ? royalists are to shew a difference from gods word . . his neighbours , brother , or subjects may by violence keepe back their vineyards , and chastity from the king : naboth may by force keepe his owne vineyard from achab ; by the lawes of scotland , if a subject obtaine a decree of the king of violent possession of the heritages of a subject , he hath by law , power to cast out , force , apprehend and deliver to prison these who are tenants , brooking these lands by the kings personall commandement . if a king should force a damsell , she may violently resist , and by violence , and bodily opposing of violence to violence , defend her owne chastity . now that the prophets have rebuked kings is evident samuel rebuked saul , nathan david , elias king achab. ieremiah is commanded to prophesie against the kings of iudah , ier. . . and the prophets practised it , ier. . . c. . . c. . , , . hos. . . kings are guilty before god , because they submitted not their royall power and greatnesse to the rebukes of the prophets , but persecuted them . deut. . . the king on the throne remaineth a brother , psal. . . and so the iudges or three estates are not to accept of the person of the king , for his greatnesse , in iudgement , deut. . , . and the iudge is to give out such a sentence in iudgement as the lord , with whom there is no iniquity , would give out , if the lord himselfe were sitting in iudgement ; because the iudge is in the very stead of god , as his lievtenant , chron. . , . ps. . , . deut. . . and with god there is no respect of persons , chro. . . pet. . . act. . . i doe not intend that , any inferiour iudge sent by the king , is to judge the king , but these who gave him the throne , and made him king are truely above him , and to judge him without respect of persons , as god would judge himselfe , if he himselfe were sitting in the beanch . . god is the author of civill lawes and government , and his intention is therein the externall peace and quiet life , and godlinesse of his church and people , and that all iudges according to their places be nurse-fathers to the church , esay . . now god must have appointed sufficient meanes for this end ; but there is no sufficient meanes at all , but a meere anarchy and confusion , if to one man an absolute and unlimited power be given of god , whereby at his pleasure he may obstruct the fountaines of iustice , and command lawyers and lawes to speake not gods mind , that is iustice , righteousnesse , safety , true religion , but the sole lust and pleasure of one man. and . this one having absolute and irresistible influence on all the inferiour instruments of iustice , may by this power turne all into anarchy , and put the people in a worse condition , then if there were no iudge at all in the land. for that of polititians , that tyranny is better then anarchy , is to be taken cum grano salis ; but i shall never beleeve , that absolute power of one man , which is actu primo . tyranny is gods sufficient way of peaceable government . therefore barclaius saith nothing for the contrary , when he saith , the athenians made draco and solon absolute law-givers , for , a facto ad jus non valet consequentia . what if a roving people trusting draco and solon to be kings above mortall men , and to be gods , gave them power to make lawes written , not with inke , but with blood : shall other kings have from god the like tyrannicall and bloody power from that , to make bloody lawes ? chytreus , lib. . and sleidan citeth it . l. . sueton. sub paena periurii non tenentur fidensevare regi degeneri . . he who is regulated by law , and sweareth to the three estates to be regulated by law , and accepteth the crown covenant-wise , and so as the estates would refuse to make him their king , if either he should refuse to sweare , or if they did beleeve certainly that he would breake his oath ; he hath no illimited and absolute power from god or the people : for , faedus conditionatum , aut promissio conditionalis mutua , facit jus alteri in alterum : a mutuall conditionall covenant giveth law and power over one to another . but from that which hath been said ; the king sweareth to the three-estates , to be regulated by law ; he accepteth the crowne upon the tenor of a mutuall covenant , &c. for if he should , as king , sweare to be king , that is , one who hath absolute power above a law ; and also to be regulated by a law : he should sweare things contradictorie , that is , that he should be their king , having absolute power over them , and according to that power to rule them : and he should sweare , not to be their king , and to rule them , not according to absolute power , but according to law. if therefore this absolute power be essentiall to a king , as a king ; no king can lawfully take the oath to governe according to law : for then he should sweare not to reigne as king , and not be their king ; for how could he be their king , wanting that which god hath made essentiall to a king , as a king ? quest . xxiii . whether the king hath any royall prerogative , or a power to dispence with lawes ? and some other grounds against absolute monarchie . a prerogative royall , i take two wayes : . either to be an act of meere will and pleasure , above , or beside reason or law : or , an act of dispensation , beside , or against the letter of the law. assert . . that which royalists call the prerogative royall of princes , is the salt of absolute power ; and it is a supreme and highest power of a king , as a king , to doe above , without , or contrary to a law , or reason : which is unreasonable . . when gods word speaketh of the power of kings and iudges , deut. . , , . deut. . , , . and elsewhere , there is not any footstep , or ground for such a power : and therefore ( if we speake according to conscience ) there is no such thing in the world : and because royalists cannot give us any warrant , it is to be rejected . . a prerogative royall must be a power of doing good to the people , and grounded upon some reason or law : but this is but a branch of an ordinarie limited power , and no prerogative above or beside law . yea , any power not grounded on a reason different from meere will or absolute pleasure , is an irrationall and brutish power ; and therefore it may well be jus personae , the power of the man who is king ; it cannot be jus coronae , any power annexed to the crown : for this holdeth true of all the actions of a king , as a king. illud potest rex , & illud tantum quod jur● potest . the king , as king , can doe no more , then that which upon right and law he may doe . . to dispute this question , whether such a prerogative agree to any king , as king ; is to dispute whether god hath made all under a monarch , slaves , by their own consent : which is a vaine question . . those who hold such a prerogative , must say , the king is so absolute and illimited a god on earth , that either by law , or his sole pleasure beside law , he may regularly and rationally move all wheeles in policie ; and his uncontrolled will shall be the axeltree on which all the wheeles are turned . . that which is the garland and proper flower of the king of kings , as he is absolute above his creatures , and not tyed to any law , without himselfe , that regulateth his will ; that must be given to no mortall man , or king , except we would communicate that which is gods proper due , to a sinfull man ; which must be idolatrie . but to doe royall acts out of an absolute power above law and reason , is such a power as agreeth to god , as is evident in positive lawes , and in acts of gods meere pleasure , where we see no reason without the almightie , for the one side , rather than for the other ; as gods forbidding the eating of the tree of knowledge , maketh the eating , sinne , and contrary to reason ; but there is no reason in the object : for if god should command eating of that tree , not to eat , should be also sinne . so gods choosing peter to glory , and his refusing judas , is a good and a wise act , but not good or wise from the object of the act , but from the sole wise pleasure of god ; because , if god had chosen judas to glory , and rejected peter , that act had been no lesse a good and a wise act , then the former . for when there is no law in the object , but only gods will , the act i● good and wise , seeing infinite wisdome cannot be separated from the perfect will of god : but no act of a mortall king , having sole and only will , and neither law nor reason in it , can be a lawfull , a wise , or a good act . assert . . there is something which may be called a prerogative by way of dispensation . there is a threefold dispensation ; one of power , another of justice , and a third of grace . a dispensation of power , is , when the will of the law-giver maketh that act to be no sinne , which without that will would have been sinne : as if gods commanding will had not interveened , the israelites borrowing the eare-rings and jewels of the egyptians , and not restoring them , had been a breach of the commandement : and in this sense no king hath a prerogative to dispence with a law. . there is a dispensation of law and justice , not flowing from any prerogative , but from the true intent of the law. and thus the king , yea the inferiour judge , is not to take the life of a man , whom the letter of the law would condemne ; because the justice of the law , is the intent and life of the law : and where nothing is done against the intent of the law , there is no breach of any law. the third is not unlike unto the second , when the king exponeth the law by grace : and this is twofold ; . either when he exponeth it of his wisdome and mercifull nature , inclined to mercy and justice ; yet according to the just intent , native sense and scope of the law , considering the occasion , circumstances of the fact , and comparing both with the law : and this dispensation of grace i grant to the king ; as when the tribute is great , and the man poor , the king may dispense with the custome . . the law saith , in a doubtfull case the prince may dispense , because it is presumed , the law can have no sense against the principall sense and intent of the law. but there is another dispensation that royalists doe plead for , and that is , a power in the king , ex mera gratia absolutae potestatis regalis ; out of meere grace of absolute royall power , to pardon crimes , which gods law saith , should be punished by death . now this they call a power of grace ; but it is not a power of meere grace . but , . though princes may doe some things of grace , yet not of meere grace : because , what kings doe , as kings , and by vertue of their royall office , that they do ex debito officii , by debt and right of their office ; and that they cannot but do , it not being arbitrarie to them to doe the debtfull acts of their office : but what they doe of meere grace , that they doe as good men , and not as kings : and that they may not doe . as for example : some kings , out of their pretended prerogative , have given foure pardons to one man , for foure murthers : now this the king might have left undone without sinne ; but of meere grace he pardoned the murtherer , who killed foure men . but the truth is , the king killed the three last ; because he hath no power in point of conscience , to dispute with blood , num. . . gen. . . these pardons are acts of meere grace to one man ; but acts of blood to the communitie . . because the prince is the minister of god for the good of the subject ; and therefore the law saith , he cannot pardon , and free the guilty , of the punishment due to him . contra l. quod favore , f. de leg . l. non ideo minus . f. de proc . l. legata inutiliter . f. de lega . . and the reason is cleare ; he is but the minister of god , a revenger to execute wrath upon him that doth evill . and if the judgement be the lords , not mans , not the kings , as it is indeed , deut. . . chron. . . he cannot draw the sword against the innocent , nor absolve the guiltie , except he would take on himselfe to carve and dispose of that which is proper to his master . now certaine it is , god only , univocally and essentially , as god , is the judge , ps. . . and god only and essentially king , ps. . . ps. . . and all men in relation to him , are meere ministers , servants , legates , deputies : and in relation to him equivocally and improperly , iudges or kings , and meere created and breathing shadowes of the power of the king of kings . and looke as the scribe , following his own device , and writing what sentence he pleaseth , is not an officer of the court in that point , nor the pen and servant of the iudge : so are kings , and all iudges , but forged intruders , and bastard kings and iudges , in so far as they give out the sentences of men , and are not the very mouthes of the king of kings , to pronounce such a sentence as the almighty himselfe would doe , if he were sitting on the throne or bench. . if the king from any supposed prerogative royall , may doe acts of meere grace , without any warrant of law , because he is above law , by office : then also may he doe acts of meere rigorous iustice , and kill and destroy the innocent , out of the same supposed prerogative ; for gods word equally tyeth him to the place of a meere minister in doing good , as in executing wrath on evill doers , rom. . , . and reason would say , he must be as absolute in the one , as in the other , seeing god tieth him to the one , as to the other , by his office and place : yea by this , acts of iustice to ill-doers , and acts of reward to well-doers , shall be arbitrary morally , and by vertue of office to the king , and the word prerogative royall saith this ; for the word prerogative is a supreme power absolute , that is loosed from all law , and so from all reason of law , and depending on the kings meer and naked pleasure and will ; and the word royall or kingly , is an epithete of office , and of a iudge , a created and limited iudge , and so it must tye this supposed prerogative to law , reason , and to that which is debitum legale officii , and a legall duty of an office ; and by this our masters the royalists make god to frame a rationall creature , which they call a king , to frame acts of royalty , good and lawfull , upon his own meer pleasure , and the super-dominion of his will , above a law and reason . and from this it is that deluded counsellours , made king james ( a man not of shallow understanding ) and king charls , to give pardons to such bloody murtherers , as james a grant , and to go so far on , by this supposed prerogative royall , that king charls in parliament at edinburgh , . did command an high point of religion , that ministers should use in officiating in gods service , such habits and garments as he pleaseth ; that is , all the attire and habits of the idolatrous masse-priests , that the romish priests of baal useth in the oadest point of idolatry ( the adoring of bread ) that the earth has ; and by this prerogative , the king commanded the service book in scotland , an. . without or above law and reason . and i desire any man to satisfie me in this , if the kings prerogative royall , may over-leap law and reason in two degrees , and if he may as king , by a prerogative royall , command the body of popery in a popish book ; if he may not by the same reason , over-leap law and reason by the elevation of twenty degrees ; and if you make the king a iulian ( god avert , and give the spirit of revelation to our king ) may he not command all the alcaron , and the religion of the heathen and indians ? royalists say , the prerogative of royalty excludeth not reason , and maketh not the king to do as a brute beast without all reason ; but it giveth a power to a king to do by his royall pleasure , not fettered to the dictates of a law ; for in things which the king doth by his prerogative royall , he is to follow the advice and counsell of his wise counsell , though their counsell and advice doth not binde the royall will of the king. i answer , it is to me , and i am sure to many learneder , a great question ; if the will of any reasonable creature , even of the damned angels , can will , or chose any thing which their reason corrupted , as it is , doth not dictate , hic & nunc to be good . for the object of the will of all men is good , either truely , or apparently good to the doer ; for the devill could not suite in marriage souls , except he war in the cloths of an angel of light ; sin as sin cannot sell , or obtrude it self upon any , but under the notion of good . i think it seemeth good to the great turk , to command innocent men , to cast themselves over a precipie two hundreth fadom high in the sea , and drown themselves to pleasure him : so the turks reason ( for he is rationall , if he be a man ) dictateth to his vast pleasure , that that is good which he commandeth . . counsellours to the king , who will speak what will please the queen , are but naked empty titles , for they speak que placent , non que prosunt ; what may please the king whom they make glad with their lies , not what law and reason dictateth . . absolutenesse of an unreasonable prerogative , doth not deny counsell and law also ; for none more absolute , de facto , i cannot say de jure then the kings of babylon , and persia : for daniel saith of one of them , dan. . . whom he would , he slew , and whom he would , he kept alive , and whom he would , he set up , and whom he would , he put down ; and yet these same kings did nothing , but by advice of their princes and counsellors , yea , so as they could not alter a decree and law , as is clear , ester . , , , , . yea darius de facto an absolute prince , was not able to deliver daniel , because the law was passed , that he should be cast into the lions den , dan. . , , . . that which the spirit of god condemneth as a point of tyranny in nebuchadnezzar , that is no lawfull prerogative royall : but the spirit of god condemneth this as tyranny in nebuchadnezzar , that he slew whom he would , he kept alive whom he would , he set up whom he would , he put down , this is too god-like , deut. . . so polanus , rollocus , on the place , say , he did these things , vers. . ex abusu legitimae potestatis ; for nebuchadnezzars will in matters of death and life , was his law , and he did what pleased himself above all law beside , and contrary to it : and our flatterers of kings draw the kings prerogative out of vlpians words , who saith , ●hat is a law which seemeth good to the prince ; but vlpian was far from making the princes will a rule of good and ill , for he saith the contrary , that the law ruleth the just prince . . it is considerable here , that sanches defineth the absolute power of kings to be a plenitude and fulnesse of power , subject to no necessity , and bounded with rules of no publick law , and so did baldus before him : but all politicians condemn that of caligula ( as suetonius saith ) which he spake to alexander the great , remember that thou maist do all things , and that thou hast a power to do to al men , what thou pleasest : and lawyers say , that this is tyranny : chilon one of the seven wise of greece ( as rodigi ) saith better , princes are like gods , because they onely can do that which is just . and this power being meerly tyrannicall , can be no ground of a royall prerogative : there is another power ( saith sanches ) absolute , by which a prince dispenseth without a cause in a humane law ; and this power , saith he , may be defended : but he saith , what the king doth by this absolute power , he doth it validè , but not jure by law ; but by valid acts the iesuite must mean royall acts , but no acts void of law and reason ( say we ) can be royall acts ; for royall acts are acts performed by a king , as a king , and by a law , and so cannot be acts above , or beside a law. it is true , a king may dispence with the breach of an humane law , as a humane law , that is , if the law be death to any , who goeth up on the walls of the citie , the king may pardon any , who going up , discovereth the enemies approach , and saveth the citie . but , . the inferiour iudge according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that benigne interpretation that the soul and intent of the law requireth , may do this as well as the king. . all acts of independent prerogative are above a law , and acts of free-will having no cause or ground in the law , otherwayes it is not founded upon absolute power , but on power ruled by law and reason : but to pardon a breach of the letter of the law of man , by exponing it , according to the true intent of the law and benignly , is an act of legall obligation , and so of the ordinary power of all iudges ; and if either king or iudge kill a man for the violation of the letter of the law , when the intent of the law contradicteth the rigid sentence , he is guilty of innocent blood . if that learned ferdin . vasquez be consulted , he is against this distinction of a power ordinary and extraordinary in men ; and certainly , if you give to a king a prerogative above a law , it is a power to do evill , as well as good ; but there is no lawfull power to do evill , and doct. ferne is plunged in a contradiction by this , for he saith , sect. . pag. . i ask when these emperours took away lives and goods at pleasure , was that power ordained by god ? no. but an illegall will and tyranny : but , pag. . the power though abused to execute such a ( wicked ) commandment , is an ordinance of god. it is objected . for the lawfulnesse of an absolute monarchy . the easterne , persian , and turkes monarchy , maketh absolute monarchy lawfull , for it is an oath to a lawfull obligatory thing , and judgment , ezech. . , . is denounced against iudah , for breaking the oath of the king of babylon , and it is called the oath of god , and doubtlesse was an oath of absolute subjection , and the power , rom. . was absolute , and yet the apostle calleth it an ordinance of god. the soveraignty of masters over servanes was absolute , and the apostle exhorteth not to renounce that title as to ridged , but exhorteth to moderation in the use of it , ans. that the persian monarchy was absolute , is but a facto ad jus , and no rule of a lawfull monarchy , but that it was absolute , i beleeve not . darius who was an absolute prince ( as many think ) but ( i thinke not ) would gladly have delivered daniel from the power of a law , and dan. . . and he set his heart on daniel to deliver him , and he laboured till the going downe of the sun to deliver him , and was so sorrowfull , that he could not breake through a law , that he interdicted himselfe of all pleasures of musi●ians , and if ever he had used the absolutenesse of a prerogative royall , i conceive he would have done it in this , yet he could not prevaile : but in things not established by law , i conceive darius was absolute , as to me is cleare , daniel . v. . but absolute not by a divine law , but , de facto , quod transierat in jus humanum , by fact , which was now become a lrw . . it was gods oath , and god tyed iudah to absolute subjection , ergo people may tye themselves . it followeth not , exeept you could make good this inference , god is absolute , ergo the king of babylon may lawfully be absolute ; this is a blasphemous consequence . . that iudah was to sweare the oath of absolute subjection in the latitude of the absolutenesse of the kings of chaldea , i would see proved ; their absolutenesse by the chaldean lawes was to command murther , idolatry , daniel . , . and to make wicked lawes , dan. . v. , . i beleeve ieremiah commanded not absolute subjection in this sence . but the contrary , ier. . v. . they were to sweare the oath in the point of suffering ; but what if the king of chaldea had commanded them all , the whole holy seed , men , women and children ▪ out of his royall power , to give their neckes all in one day to his sword , were they obliged by this oath to prayers and ●eares , and only to suffer ? and was it against the oath of god to defend themselves by armes ? i beleeve the oath did not oblige to such absolute subjection , and though they had taken armes in their owne lawfull defence , according to the law of nature , they had not broken the oath of god. the oath was not a tye to an absolute subjection of all and every one , either to worship idols , or then to sly , or suffer death . now the service-booke commanded in the kings absolute authority all scotland to commit grosser idolatry , in the intention of the work , if not in the intention of the commander , then was in babylon . ( we read not that the king of babylon pressed the consciences of gods people to idolatry ) or that all should either sly the kingdome , and leave their inheritances to papists and prelates , or then come under the mercy of the sword of papists and atheists by sea or land . . god may command against the law of nature ; and gods commandement maketh subjection lawfull ; so as men may not now , being under the law of god , defend themselves . what then ? ergo we owe subjection to absolute princes , and their power must be a lawfull power , it no waies is consequent . gods commandement by ieremiah made the subjection of iudah lawfull , and without that commandement they might have taken armes against the king of babylon , as they did against the philistines , and gods commandement maketh the oath lawfull . as suppone ireland would all rise in armes , and come and destroy scotland , the king of spain leading , then we were by this argument not to resist . . it is denyed , that the power , rom. . as absolute , is gods ordinance . and i deny utterly that christ and his apostles did sweare non-resistence absolute to the roman emperour . obj. . it sesmeth , pet. . , . if well doing be mistaken by the reason and judgement of an absolute monarch for ill doing , and we punished , yet the magistrates will is the command of a reasonable will , and so to be submitted unto , because such a one suffereth by law , where the monarches will is a law , and in this case some power must judge . now in an absolute monarchy all judgement resolveth in the will of the monarch , as the supreame law : and if ancestors have submitted themselves by oath , there is no repeale , or redresment . ans. who ever was the author of this treatise , he is a bad defender of the defensive warres in england , for all the lawfulnesse of warres then must depend on this . . whether england be a conquered nation at the beginning ? . if the law-will of an absolute monarch , or a nero be a reasonable will , to which we must submit in suffering ill , i see not but we must submit to a reasonable will ; if it be reasonable will in doing ill , no lesse then in suffering ill . . absolute will in absolute monarches is no iudge de jure , but an unlawfull and a usurping iudge . . pet. . , . servants are not commanded simply to suffer ( i can prove suffering formally not to fall under any law of god , but only patient suffering . i except christ , who was under a peculiar commandement to suffer . ) but servants , upon supposition that they are servants , and buffeted unjustly by their masters , are by the apostle peter commanded , v. . to suffer patiently . but it doth not bind up a servants hand , to defend his owne life with weapons , if his master invade him , without cause to kill him : otherwise if god call him to suffer , he is to suffer in the manner and way as christ did , not reviling , not threatning . . to be a king and an absolute master , to me are contradictory ; a king essentially is a living law. an absolute man is a creature , that they call a tyrant , and no lawfull king ; yet doe i not meane , that any that is a king , and usurpeth absolutenesse , leaveth off to be a king : but in so far as he is absolute , he is no more a king , then in so far as he is a tyrant . but further , the king of england saith in a declaration . . the law is the measure of the kings power . . parliaments are essentially lord iudges to make lawes essentially , as the king is , ergo the king is not above the law. . magna charta saith the king , can doe nothing , but by lawes , and no obedience is due to him , but by law. . prescription taketh away the title of conquests . obj . the king , not the parliament is the anoynted of god , ans. the parliament is as good , even a congregation of gods. psalme . . obj. . the parliament is the court , in their acts , they say , with consent of our soveraigne lord. ans. they say not , at the commandement , and absolute pleasure of our soveraigne lord. . he is their lord materially , not as they are formally a parliament , for the king made them not a parliament , but sure i am , the parliament had power before he was king , and made him king , sam. . , . obj. . in an absolute monarchy there is not a resignation of men to any will as will , but to the reasonable will of the monarch , which having the law of reason to direct it , is kept from injurious acts . ans. if reason be a sufficient restraint , and if god hath laid no other restraint upon some lawfull king , yee reason , then is magistracy a lame , a needlesse ordinance of god , for all mankind hath reason to keepe themselves from injuries , and so there is no need of iudges or kings to defend them from either doing or suffering injuries . but certainly this must be admirable . if god as author of nature should make the lyon king of all beasts , the lyon remaining a devouring beast , and should ordaine by nature all the sheepe and lambs to come and submit their corps to him , by instinct of nature , and to be eaten at his will , and then say , the nature of a beast in a lyon is a sufficient restraint to keepe the lyon from devouring lambs . certainly a king being a sinfull man , and having no restraint on his power , but reason , he may thinke it reason to allow rebells to kill , drowne , hang , torture to death an hundred thousand protestants , men , women , infants in the wombe , and sucking babes , as is clere in pharaoh , manasseh and other princes . obj. . there is no court or iudge above the king , ergo he is absolutely supreame . ans. the antecedent is false . the court that made the king of a private man , a king , is above him ; and here are limitations laid on him at his coronation . . the states of parliament are above him , to censure him . . in case of open tyranny , though the states had not time to conveen in parliament , if he bring on his people an hoast of spaniards or forraine rebells , his owne conscience is above him , and the conscience of the people farre more , called conscientia terrae , may judge him in so farre , as they may rise up and defend themselves . obj. . here the prelate borrowing from grotius , barclay , arnisaus ; ( or it s possible he be not so farre travelled ) for doct. ferne hath the same . soveraignty weakned in aristocracy cannot doe its worke , and is in the next place to anarchy and confusion . when zedekiah was over lorded by his nobles , he could neither save himselfe , nor the people , nor the prophet the servant of god ieremiah ; nor could david punish ioab , when he was over-awed by that power he himselfe had put in his hand . to weaken the head , is to distemper the whole body , if any good prince or his royall antecessors be cheated of their sacred right by fraud or force , he may at his fittest opportunity , resume it . what a sinne is it to rob god , or the king of their due ? ans. aristocracy is no lesse an ordinance of god , then royalty , for rom. . . and tim. . . all in authority are to be acknowledged as gods vice-gerents , the senate , the consuls as well as the emperour : and so one ordinance of god cannot weaken another , nor can any but by a lawlesse animall say , aristocracy bordereth with confusion ; but he must say , order and light are sister germanes to confusion and darknesse . , though zedekiah , a man voyd of god , were over-awed with his nobles , and so could not help ieremiah ; it followeth not , that because kings may not do this and this good , therefore they are to be invested with power to doe all ill : if they doe all the good that they have power to doe , they 'l finde way to helpe the oppressed jeremiahes : and because power to doe both good and evill is given by the divell to our scottish witches , it s a poore consequent , that the states should give to the king power absolute to be a tyrant . . a state must give a king more power then ordinary , especially to execute laws , which requireth singular wisdom , when a prince cannot alwayes have his great councell about with him to advise him . but , . that is power borrowed , and by loan , and not properly his own ; and therefore , it is no sacriledge in the states , to resume what the king hath by a fiduciary title , and borrowed from them . . this power was given to do good , not evill . david had power over joab , to punish him for his murther , but he executed it not upon carnall fears , and abused his power to kill innocent vriah , which power neither god nor the states gave him . but how proveth he the states took power from david , or that ioab took power from david , to put to death a murtherer , that i see not . . if princes power to do good , be taken from them , they may resume it , when god giveth opportunity ; but this is to the prelate perjury , that the people by oath give away their power to their king , and resume it when he abuseth it to tyranny : but it is no perjurie in the king to resume a taken away power , which if it be his own , is yet lis sub judice , a great controversie , quod in cajo licet , in nevio non licet . so he teacheth the king , that perjurie and sacriledge is lawfull to him . if princes power to do ill , and cut the whole land off , as one neck ( which was the wicked desire of caligula ) be taken from them by the states . i am sure , . this power was never theirs , and never the peoples , and you cannot take the princes power from him , which was never his power . . i am also sure , the prince should never resume an unjust power , though he were cheated of it . p. prelate . it is a poor shift to acknowledge no more for the royall prerogative , then the municipall law hath determined , as some smatterers in the law say . they cannot distinguish betwixt a statute declarative , and a statute constitutive : but the statutes of a kingdom do declare onely , what is the prerogative royall , but do not constitute or make it , god almightie hath by himself constituted it : it is laughter to say , the decalogue was not a law , till god wrote it . answ. here a profound lawyer calleth all smatters in the law , who cannot say , that non ens , a prerogative royall , that is , a power contrary to god and mans law , to kill and destroy the innocent , came not immediately down from heaven : but i professe my self no lawyer , but do maintain against the prelate , that no municipall law can constitute a power to do ill ; nor can any law , either justly constitute , or declare such a fancie as a prerogative royall ; so far is it from being like the decalogue , that is , a law before it be written , that this prerogative is neither law , before it be written , nor after court placebo's have written for it : for it must be eternall as the decalogue , if it have any blood from so noble a house . . in what scripture hath god almightie spoken of a fancied prerogative royall ? p. prelate . prerogative resteth not in its naturall seat , but in the king. god saith , reddite , not , date , render to kings that which is kings , not give to kings ; it shall never be well with us , if his annointed , and his church be wronged . answ. the prelate may remember a countrey proverb . he and his prelates , called the church , ( the scum of men , not the church ) are like the tinkers dogs , they like good company , they must be ranked with the king. and . here a false prophet , it shall never be well with the land , while arbitrary power , and popery be erected , saith he , in good sense . p. ●●elate . the king hath his right from god , and cannot make it away to the people . render to caesar , the things that are caesars . kings persons , their charge , their right , their authority , their prerogative are by scriptures , fathers , iurists , sacred , inseparable ordinances inherent in their crowns , they cannot be made away ; and when they are given to inferiour judges , it is not ad minuendam majestatem , sed solicitudinem , to lessen soveraign majesty , but to ease them . answ. the king hath his right from god : what then , not from the people ? i read in scripture , the people made the king ; never : that the king made the people . . all these are inseparably in the crown , but he stealeth in prerogative royall in the clause which is now in question ? render to caesar all caesars : and therefore saith he , render to him a prerogative , that is an absolute power to pardon and sell the blood of thousands . is power of blood , either the kings ; or inherent inseparably in his crown ? alas , i fear prelates have made blood an inseparable accident of his throne . . when kings by that publike power given to them , at their coronation , maketh inferiour iudges , they give them power to judge for the lord , not for men , deut. . . chron. . . now they cannot both make away a power , and keep it also ; for the inferiour iudges conscience hangeth not at the kings girdle , he hath no lesse power to judge in his sphere , then the king hath in his sphere , though the orb and circle of motion be larger in compasse in the one , then in the other ; and if the king cannot give himself royall power , but god and the people must do it , how can he communicate any part of that power to inferiour judges , except by trust ? yea , he hath not that power that other men have in many respects . . he may not marry whom he pleaseth , for he might give his body to a leper woman , and so hurt the kingdom . . he may not do , as solomon and achab , marry the daughter of a strange god , to make her the mother of the heir of the crown . he must in this follow his great senate . . he may not expose his person to hazard of warres . . he may not go over sea , and leave his watch-tower , without consent . . many acts of parliament of both kingdoms , discharge papists to come within ten miles of the king. . some pernicious counsellours have been discharged 〈◊〉 company , by laws . . he may not eat what meats he pleaseth . . he may not make wasters his treasurers . . nor delapidate the rents of the crown . . he may not dis-inherit his eldest son of the crown , at his own pleasure . . he is sworn to follow no false gods , and false religions , nor is it in his power to go to masse . . if a priest say masse to the king , by the law , he is hanged drawn and quartered . . he may not write letters to the pope , by law. . he may not by law pardon seducing priests and iesuites . . he may not take physick for his health , but from physitians sworn to be true to him . . he may not educate his heir , as he pleaseth . . he hath not power of his children , nor hath he that power that other fathers have , to marry his eldest son , as he pleaseth . . he may not befriend a traytor . . it is high treason for any woman to give her body to the king , except she be his married wife . . he ought not to build sumptuous houses , without advice of his councell . . he may not dwell constantly where he pleaseth . . nor may he go to the countrey to hunt ; farlesse , to kill his subjects , and desert the parliament . . he may not confer honours and high places without his councell . . he may not deprive iudges at his will. . nor is it in his power to be buried where he pleaseth , but amongst the kings . now in most of these twenty four points , private persons have their own liberty , far lesse restricted then the king. quest . xxiv . what power hath the king in relation to the law , and the people ? and how a king and a tyrant differ ? mr. symmons saith , that authoritie is rooted rather in the prince , then in the law ; for as the king giveth being to the inferiour iudge , so he doth to the law it self , making it authorizable ; for propter quod unum-quodque tale , id ipsum magis tale , and therefore the king is greater then the law : others say , that the king is the fountain of the law , and the sole and onely law-giver . assert . . the law hath a twofold consideration , . secundum esse paenale , in relation to the punishment to be inflicted by man. . secundum esse legis , as it is a thing legally good in it self : in the former notion , it is this way true , humane laws take life and being , inway to be punished , or rewarded by men , from the will of princes and law-givers , and so symmons saith true , because men cannot punish or reward laws , but where they are made ; and the will of rulers putteth a sort of stamp on a law , that it bringeth the common-wealth under guiltinesse , if they break this law. but this maketh not the king greater then the law ; for therefore do rulers put the stamp of relation to punishment on the law , because there is intrinsecall worth in the law , prior to the act of the will of law-givers , for which it meriteth to be inacted ; and therefore , because it is authorizable as good and just , the king puteth on it this stamp of a politique law. god formeth being , and morall aptitude to the end in all laws , to wit , the safetie of the people ; and the kings will is neither the measure , nor the cause of the goodnesse of things . . if the king be he who maketh the law good and just , because he is more such himself , then as the law cannot crook , and erre , nor sin ; neither can the king sin , nor break a law. this is blasphemy , every man is a lyer ; a law which deserveth the name of a law , cannot lie . . his ground is , that there is such majesty in kings , that their will must be done either in us , or on us : a great untruth . achabs will must neither be done of elias , for he commandeth things unjust ; nor yet on elias , for elias fled , and lawfully we may flie tyrants : and so achabs will in killing elias was not done on him ▪ assert . . nor can it be made good , that the king only hath power of making lawes ; because his power were then absolute , to inflict penalties on subjects , without any consent of theirs ; and that were a dominion of masters , who command what they please , and under what paine they please . and the people consenting to be ruled by such a man , they tacitely consent to penaltie of laws , because naturall reason saith , an ill-doer should be punished . florianus in l. inde . vasquez , l. . c. . n. . therefore they must have some power in making these lawes . . jer. . it is cleare , the princes judge with the people : a nomothetick power differeth gradually only from a judiciall power , both being collaterall meanes to the end of government , the peoples safetie . but parliaments judge , ergo , they have a nomothetick power with the king. . the parliament giveth all supremacie to the king ; ergo , to prevent tyrannie , it must keep a coordinate power with the king , in the highest acts . . if the kingly line be interrupted , if the king be a childe , or a captive , they make lawes , who make kings ; ergo , this nomothetick power recurreth into the states , as to the first subject . obj. the king is the fountaine of the law , and subjects cannot make lawes to themselves , more then they can punish themselves . he is only the supreme . answ. the people being the fountaine of the king , must rather be the fountaine of lawes . . it is false , that no man maketh lawes to himselfe . those who teach others , teach themselves also , tim. . . cor. . . though teaching be an act of authoritie . but they agree to the penaltie of the law secondarily only ; and so doth the king , who , as a father , doth not will evill of punishment to his children , but by a consequent will. . the king is the only supreme , in the power ministeriall of executing lawes : but this is a derived power , so as no one man is above him ; but in the fountaine-power of royaltie , the states are above him . . the civil law is cleare , that the laws of the emperor have force only from this fountaine , because the people have transferred their power to the king. lib. . digest . tit . . de constit . princip . leg . . sic vlpian . quod principi placuit , ( loquitur de principe formaliter , qua princeps est , non qua est homo ) legis habet vigorem , utpote cum lege regia , quae de imperio ejus lata est . populus ei , & in eum , omne suum imperium & potestatem conferat . yea , the emperour himselfe may be conveened before the prince elector . aurea bulla carol. . imper . c. . the king of france may be conveened before the senate of paris . the states may resist a tyrant , as bossius saith , de principe , & privileg . jus , n. . paris de puteo , iu tract . syno . tit . de excess . reg. c. . divines acknowledge that elias rebuked the halting of israel betwixt god and baal , that their princes permitted baals priests to converse with the king. and is not this the sinne of the land , that they suffer their king to worship idols ? and therefore the land is punished for the sinnes of manasseh , as knox observeth in his dispute with lethington , where he proveth that the states of scotland should not permit the queen of scotland to have her abominable masse : hist. of scotland , l. . p. . edit . an . . surely the power or sea-prerogative of a sleepie or mad pilot to split the ship on a rock , as i conceive , is limited by the passengers . suppose a father , in a distemper , would set his own house on fire , and burne himselfe , and his ten sonnes ; i conceive , his fatherly prerogative , which neither god nor nature gave , should not be looked to in this ; but they may binde him . yea , althusius , polit . c. . n. . answering that , that in democracie the people cannot both command and obey ; saith , it is true , secundum ideus , ad idem , & eodem tempore : but the people may ( saith he ) choose magistrates by succession . yea , i say , . they may change rulers yearely , to remove envie : a yearely king were more dangerous , the king being almost above envie ; men incline more to flatter then to envie kings . . aristotle saith , polit . l. . c. . l. . c. . the people may give their judgement of the wisest . obj. williams b. of ossorie , vindic. reg. [ a looking-glasse for rebels ] saith , p. . to say the king is better than any one , doth not prove him to be better then two : and if his supremacie be no more , then any other may challenge as much : for the prince is singulis major : a lord is above all knights ; a knight above all esquires : and so the people have placed a king under them , not above them . ans. the reason is not alike : for all the knights united cannot make one lord ; and all the esquires united , cannot make one knight ; but all the people united , made david king at hebron . . the king is above the people , by eminencie of derived authoritie , as a watchman ; and in actuall supremacie ; and he is inferior to them in fountaine-power , as the effect to the cause . object . . the parliament ( saith williams ) may not command the king : why then make they supplications to him , if their vote be a law ? ans. they supplicate , ex decentia , of decencie and connveniencie for his place ; as a citie doth supplicate a lord major : but they supplicate not ex debito , of obligation , as beggars seeke almes : then should they be cyphers . . when a subject oppressed , supplicateth his soveraigne for justice ; the king is obliged by office to give justice : and to heare the oppressed , is not an act of grace and mercie , as to give almes , though it should proceed from mercie in the prince , psal. . . but an act of royall debt . . the p. prelate objecteth : the most you claime to parliaments , is a coordinate power , which in law and reason run in equall tearmes . in law , par in parem non habet imperium ; an equall cannot judge an equall , much lesse may an inferiour usurpeto judge a superiour . our lord knew , gratiâ visionis , the woman taken in adulterie , to be guilty ; bat he would not s●ntence her : to teach us , not improbably , not to be both judge and witnesse . the parliament are judges , accusers , and witnesses against the king in their owne cause , against the imperiall lawes . ans. . the parliament is coordinate ordinarily with the king , in the power of making lawes : but the coordination on the kings part , is by derivation ; on the parliaments part , originaliter & fontaliter , as in the fountaine . . in ordinarie there is coordination : but if the king turne tyrant , the estates are to use their fountaine-power . and that of the law , par in parem , &c. is no better from his pen , that stealeth all he hath , then from barclaius , grotius , arnisaeus , blackwood , &c. it is cold and sowre . we hold the parliament that made the king at hebron , to be above their own creature the king. barclaius saith more acurately , l. , cont . monarch . p. . it is absurd , that the people should both be subject to the king , and command the king also . ans. it is not absurd , that a father naturall , as a private man , should be subject to his sonne ; even that jesse , and his elder brother , the lord of all the rest , be subject to david their king. royalists say , our late queen , being supreme magistrate , might by law have put to death her own husband , for adulterie or murther . . the parliament should not be both accuser , iudge , and witnesse in their own cause . . it is the cause of religion , of god , of protestants , and of the whole people . . the oppressed accuse : there is no need of witnesses in raising armes against the subjects . . the p. prelate could not object this , if against the imperiall laws the king were both partie and iudge in his own cause , and in these acts of arbitrarie power , which he hath done , through bad counsell , in wronging fundamentall lawes , raising armes against his subjects , bringing in forraigne enemies into both his kingdomes , &c. now this is properly the cause of the king , as he is a man ; and his owne cause , not the cause of god , and by no law of nature , reason , or imperiall statutes can he be both iudge and party . . if the king be sole supreame iudge without any fellow sharers in power , . he is not obliged by law to follow counsell , or hold parliaments ; for counsell is not command . . it is unpossible to limit him even in the exercises of his power , which yet dr. ferne saith cannot be said : for if any of his power be retrinched , god is robbed , saith maxwell . . he may by law play the tyrant , gratis . ferne objecteth . § . . pag. . the king is a fundamentall with the estates , now foundations are not to be stirred or removed . ans. the king as king inspired with law is a fundamentall , and his power is not to be stirred , but as a man wasting his people , he is a destruction to the house , and community , and not a fundamentall in that notion . some object , the three estates as men , and looking to their owne ends , not to law , and the publick good , are not fundamentalls , and are to be judged by the king. ans. by the people , and the conscience of the people they are to be judged . obj. but the people also doe judge as corrupt men , and not as the people , and a politique body , providing for their owne safety . ans. i grant all , when god will bring a vengeance on jerusalem , prince and people both are hardened to their owne destruction . now god hath made all the three , in every government where there is democracy , there is some chosen ones resembling an aristocracy , and some one for order presiding in democraticall courts , resembling a king. in aristocracy as in holland , there is somewhat of democracy , the people have their commissioners , and one duke or generall , as the prince of orange is some umbrage of royalty , and in monarchy there are the three estates of parliament , and these containe the three estates , and so somewhat of the three formes of government , and there is no one government just that hath not some of all three ; powre and absolute monarchy is tyranny , unmixed democracy , is confusion , untempered aristocracy is factious dominion , and a limited monarchy hath from democracy respect to publick good without confusion . from aristocracy safety in multitude of counsells without factious emulation , and so a barre laid on tyranny , by the joynt powers of many ; and from soveraignty union of many children in one father : and all the three thus contempered have their owne sweet fruits through gods blessing , and their owne diseases by accident , and through mens corruption ; and neither reason nor scripture shall warrant any one in its rigid purity without mixture : and god having chosen the best government to bring men fallen in sinne to happinesse , must warrant in any one a mixture of all three , as in mixt bodies the foure elements are reduced to a fit temper resulting of all the foure , where the acrimony of all the foure first qualities is broken , and the good of all combined in one . the king as the king is an unerring and living law , and by grant of barclay , of old was one of excellent parts , and noble through vertue and goodnesse ; and the goodnesse of a father as a father , of a tutor as a tutor , of a head as a head , of a husband as a husband doe agree to the king as the king , so as king he is the law it selfe , commanding , governing , saving . . his will as king , or his royall will is reason , conscience , law. . this will is politickly present ( when his person is absent ) in all parliaments , courts , and inferiour iudicatures . . the king as king cannot doe wrong or violence to any . . amongst the romanes the name king and tyrant were common to one thing . . because de facto , some of their kings were tyrants , in respect of their dominion , rather then kings . . because he who was a tyrant de facto , should have been , and was a king too de jure . . it is not lawfull to either disobey or resist a king as a king , no more then it is lawfull to disobey a good law. . what violence , what unjustice , and excesse of passion the king mixeth in , with his acts of government , are meerely accidentall to a king as king ! for because men by their owne innate goodnesse will not , yea morally cannot doe that which is lawfull , and just one to another , and doe naturally , since the fall of man , violence one to another ; therefore , if there had not been sin , there should not have been need of a king , more then there should have beene need of a tutor to defend the child , whose father is not dead , or of a physitian to cure sicknesse where there is health ; for remove sinne , and there is neither death nor sicknesse , but because sinne is entered into the world , god devised , as a remedy of violence and unjustice , a living , rationall breathing law called a king , a iudge , a father : now the aberrations , violence , and oppression of this thing which is the living , rationall , breathing law is no medium , no meane intended by god , and nature to remove violence . how shall violence remove violence ? therefore an unjust king , as unjust , is not that genuine ordinance of god , appointed to remove unjustice , but accidentall to a king. so we may resist the unjustice of the king , and not resist the king. , if then any cast off the nature of a king , and become habitually a tyrant , in so farre he is not from god , nor any ordinance which god doth owne : if the office of a tyrant ( to speake so ) be contrary to a kings offices , it is not from god , and so neither is the power from god. . yea lawes ( which are no lesse from god , then the kings are ) when they begin to be hurtfull , cessant materialiter , they leave off to be lawes ; because they oblige non secundum vim verborum , sed in vim sensus , not according to the force of words , but according to sense , l. non figura literarum f. de actione & obligatione , l. ita stipulatus . but who ( saith the royalists ) shall be judge betwixt the king and the people , when the people alledge that the king is a tyrant . ans. there is a court of necessity , no lesse then a court of justice ; and . the fundamentall lawes must then speake , and it is with the people in this extremity , as if they had no ruler . obj. . but if the law be doubtsome , as all humane , all civill , all municipall lawes may endure great dispute , the peremptory person exponing , the law must be the supreame iudge . this cannot be the people , ergo , it must be the king. ans. . as the scriptures in all fundamentalls are cleare , and expone themselves , and actu primo condemne heresies , so all lawes of men in their fundamentals , which are the law of nature , and of nations are cleare . and . tyranny is more visible and intelligible then heresie , and it s soone decerned . if a king bring in upon his native subjects twenty thousand turks armed , and the king lead them . it is evident , they come not to make a friendly visite to salute the kingdom , and depart in peace : the people have a naturall throne of policie in their conscience to give warning , and materially sentence against the king , as a tyrant , and so by nature are to defend themselves : where tyranny is more obscure , and the thred small , that it escape the eye of men , the king keepeth possession ; but i deny that tyranny can be obscure long . object . . doct. ferne. a king may not , or cannot easily alter the frame of fundamentall laws , he may make some actuall invasion , in some transient , and not fixed acts ; and it is safer to bear these , then to raise a civill warre of the body , against the head. answ. . if the king as king , may alter any one wholesome law , by that same reason he may alter all . . you give short wings to an arbitrary prince , if he cannot over flie all laws to the subversion of the fundamentalls of a state , if you make him as you do . . one who hath the sole legislative power , who allanerly by himself , maketh laws , and his parliament and councell are onely to give him advice , which by law he may as easily reject , as they can speak words to him . he may in one transient act ( and it is but one ) cancell all laws made against idlolatry and popery , and command , through bad counsell , in all his dominions ; the pope to be acknowledged as christs vicar , and all his doctrine to be established as the catholike true religion . it is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand , killed by papists . . you make him a king , who may not be resisted in any case ; and though he subvert all fundamentall laws , he is countable to god onely , his people have no remedy , but prayers , or flight . object . . ferne. limitations and mixtures in monarchies do not imply a forceable restraining power in subjects , for the preventing of the dissolution of the state , but onely a legall restraining power ; and if such a restraining power be in the subjects , by reservation , then it must be expressed in the constitution of the government , and in the covenant betwixt the monarch and his people : but such a condition is unlawfull , which will not have the soveraign power secured , is unprofitable for king , and people ; a seminary for seditions and jealousies . answ. i understand not a difference betwixt forceable restraining and legall restraining : for he must mean by ( legall ) mans law , because he saith , it is a law in the covenant betwixt the monarch , and his people . now if this be not forceable , and physicall , it is onely morall in the conscience of the king , and a cypher , and a meer vanitie , for god , not the people putteth a restraint of conscience on the king , that he may not oppresse his poor subjects ; but he shall sin against god , that is a poor restraint : the goodnesse of the king a sinfull man inclined from the womb to all sin , and so to tyranny , is no restraint . . there 's no necessitie , that the reserve be expressed in the covenant between king , and people , more then in contract of marriage between a husband and a wife , beside her joynter ; you should set down this clause in the contract , that if the husband attempt to kill the wife , or the wife the husband , in that case it shall be lawfull to either of them to part companies : for doct. ferne saith , that personall defence is lawfull in the people , if the kings assault be . suddain . . without colour of law. . inevitable : yet the reserve of this power of defence , is not necessarily to be expressed in the contract , betwixt king and people . exigences of the law of nature cannot be set down in positive covenants , they are presupposed . . he saith , a reservation of power , whereby soveraigntie is not secured , is unlawfull . lend me this argument : the giving away of a power of defence , and a making the king absolute , is unlawfull , because by it the people is not secured ; but one man hath thereby the sword of god put in his hand , whereby ex officio , he may as king cut the throats of thousands , and be countable to none therefore , but to god onely : now if the non-securing of the king , make a condition unlawfull , the non-securing of a kingdom and church , yea , of the true religion ( which are infinitely in worth above one single man ) may far more make the condition unlawfull . . a legall restraint on a king , is no more unprofitable , and a seminary of jealousies between king and people , then a legall restraint upon people ; for the king out of a non-restraint , as out of seed , may more easily educe tyranny , and subversion of religion : if outlandish women tempt even a solomon to idolatry , as people may educe sedition out of a legall restraint laid upon a king , to say nothing , that tyranny is a more dangerous sin , then sedition ; by how much more the lives of many , and true religion , are to be preferred to the safetie of one , and a false peace . object . . an absolute monarch is free from all forceable restraint , and so far , as he is absolute from all legall restraint of positive laws : now in a limited monarch there is onely sought a legall restraint , and limitation cannot infer a forceable restraint , for an absolute monarch is limited also , not by civill compact , but by the law of nature and nations , which he cannot justly transgresse ; if therefore an absolute monarch being exorbitant , may not be resisted , because he transgresseth the law of nature ; how shall we think a limited monarch may be resisted , for transgressing the bounds set by civill agreement . answ. a legall restraint on the people , is a forceable restraint : for if law be not backed with force , it is onely a law of rewarding weldoing , which is no restraint , but an incouragement to do evil . if then there be a legall restraint upon the king , without any force , it is no restraint , but onely such a request as this , be a just prince , and we will give your majestie two subsidies in one yeer . . i utterly deny , that god ever ordained such an irrationall creature , as an absolute monarch . if a people unjustly , and against natures dictates make away , irrevocably , their own libertie , and the libertie of their posteritie , which is not their's to dispose off , and set over themselves , as base slaves , a sinning creature with absolute power , he is their king , but not as he is absolute , and that he may not be forceably resisted ; notwithstanding , the subjects did swear to his absolute power ( which oath in the point of absolutenesse , is unlawfull , and so not obligatory ) i utterly deny . . an absolute monarch ( saith he ) is limited , but by law of nature : that is , master doctor , he is not limited as a monarch , not as an absolute monarch , but as a son of adam , he is under the limites of the law of nature , which he should have been under , though he had never been a king , all his dayes , but a slave . but what then ? therefore he cannot be resisted . yes , doctor , by your own grant he can be resisted : if he invade an innocent subject ( say you ) . suddenly . . without colour of law. . inevitably : and that because he transgresseth the law of nature . . you say , a limited monarch can lesse be resisted for transgressing the bounds set by civill agreement . but , . what if the thus limited monarch transgresse the law of nature , and subvert fundamentall lawes , he is then , you seem to say , to be resisted ; it is not for simple transgression of a civill agreement , that he is to be resisted . . the limited monarch is as essentially the lords anointed , and the power ordained of god , as the absolute monarch . now resistance by all your grounds , is unlawfull , because of gods power and place conferred upon him , not because of mens positive covenant made with him . to finde out the essentiall difference betwixt a king and a tyrant : we are to observe , that it is one thing to sin against a man , another thing against a stat● . david killing vriah , committed an act of murther : but on this supposition , that david is not punished for that murther , he did not so sin against the state , and catholike good of the state , that he turneth tyrant , and ceaseth to be a lawfull king. a tyrant is he who habitually sinneth against the catholike good of the subjects and state , and subverteth law. such a one should not be , as jason , of whom it is said by aeneas silvius , graviter ferebat , si non regnaret , quasi nesciret esse privatus . when such as are monstrous tyrants , are not taken away by the estates , god pursueth them in wrath . domitian was killed by his own family , his wife knowing of it . aurelianus was killed with a thunder-bolt . darius was drowned in a river . dioclesian fearing death , poysoned himself . salerius died eaten with worms : the end of herod , and antiochus . maxentius was swallowed up in a standing river . iulian died , being stricken through with a dart thrown at him by a man , or an angel , it is not known . valens the arian was burnt with fire in a little village by the gothes . anastasius the eutychian emperour , was stricken by god with thunder . gundericus vandalus , when he rose against the church of god , being apprehended by the divell , died . some time the state have taken order with tyrants . the empire was taken from vitellius , heliogabalus , maximinus , didius , iulianus : so was the two childerici of france served : so were also sigebertus , dagabertus , and lodowick the . of france . christiernus of denmark , mary of scotland , who killed her husband , and raised forces against the kingdom : so was henricus valesius of pol , for fleeing the kingdom . sigismundus of pol , for violating his faith to the states . quest . xxv . what force the supreme law hath over the king ? even that law of the peoples safetie , called , salus populi . the law of the . tables , is , salus populi , suprema lex . the safetie of the people is the supreme and cardinall law , to which all lawes are to stoope . and that from these reasons : . originally : because , if the people be the first author , fountaine , and efficient , under god , of law and king , then their own safetie must be principally sought , and their safetie must be farre above the king , as the safetie of a cause , especially of an universall cause , such as is the people , must be more then the safetie of one , as aristotle saith , l. . polit . alias l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the part cannot be more excellent then the whole : nor the effect above the cause . . finaliter . this supreme law must stand ; for if all law , policie , magistrates and power be referred to the peoples good , as the end , rom. . . and to their quiet and peaceable life in godlinesse and honestie : then must this law stand , as of more worth then the king , as the end is of more worth then the meanes leading to the end ; for the end is the measure and rule of the goodnesse of the meane : and , finis ultimus in influxu est potentissimus . the king is good , because he conduceth much for the safetie of the people ; ergo , the safetie of the people must be better . . by way of limitation : because no law , in its letter , hath force , where the safetie of the subject is in hazard : and if law , or king be destructive to the people , they are to be abolished . this is cleare in a tyrant , or a wicked man. . in the desires of the most holy : moses , a prince , desired for the safetie of gods people ; and rather then god should destroy his people , that his name should be razed out of the booke of life . and david saith , chron. . . let thine hand , i pray thee , o lord my god , be on me , and on my fathers house ; but not on thy people , that they should be plagued . this being a holy desire of these two publick spirits , the object must be in it selfe true ; and the safetie of gods people , and their happinesse , must be of more worth then the salvation of moses , and the life of david , and his fathers house . the prelate borroweth an answer to this , ( for he hath none of his own ) from d. ferne. the safetie of the subjects is the prime end of the constitution of government : but it is not the sole and adequate end of government in monarchie ; for that is the safetie of both king and people . and it beseemeth the king to proportion his lawes for their good ; and it becommeth the people to proportion all their obedience , actions and endeavours , for the safetie , honour , and happinesse of the king. it 's impossible the people can have safetie , when soveraigntie is weakened . ans. the prelate would have the other halfe of the end , why a king is set over a people , to be the safetie and happinesse of the king , as well as the safetie of the people . this is new logick indeed , that one and the same thing should be the meane , and the end . the question is , for what end is a king made so happy , as to be exalted king ? the prelate answereth ; he is made happy , that he may be happy ; and made a king , that he may be made a king. now is the king , as king , to intend this halfe end ? that is , whether or no accepteth he the burden of setting his head and shoulders under the crowne , for this end , that he may not only make the people happy , but also that he may make himselfe rich and honorable above his brethren , and enrich himselfe ? i beleeve not : but that he feed the people of god. for if he intend himselfe , and his own honour , it is the intention of the man who is king , and intentio operantis ; but it is not the intention of the king , as the king , or intentio operis . the king , as a king , is formally and essentially the minister of god for our good , rom. . . tim. . . and cannot come under any notion as a king , but as a mean , not as an end , nor as that which he is , to seeke himselfe . i conceive , god did forbid this , in the moulding of the first king , deut. . , , . he is a minister by office , and one who receiveth honour and wages for this worke , that ex officio , he may feed his people . but the prelate saith , the people are to intend his riches and honour . i cannot say but the people may intend to honour the king : but that is not the question , whether the people be to referre the king and his government as a meane to honour the king ? i conceive not . but that end which the people in obeying the king in being ruled by him , may intend , is , tim. . . that under him they may lead a quiet and a peaceable life , in all godlinesse and honestie . and gods end in giving a king , is the good and safetie of his people . p. prelate . to reason from the one part and end of monarchicall government , the safetie of the subjects ; to the destruction and weakning of the other part of the end of the power of soveraigntie , and the royall prerogative : is a caption à divisis . if the king be not happy , and invested with the full power of a head , the body cannot be well . by anti-monarchists ; the people at the beginning were necessitated to commit themselves , lives and fortunes to the government of a king , because of themselves they had not wisedome and power enough to doe it : and therefore they enabled him with honour and power , without which he could not doe this , being assured that he could not choose but most earnestly and carefully endeavour this end , to wit , his own , and the peoples happines . ergo , the safetie of the people issueth from the safetie of the king , as the life of the naturall body from the soule . weake government is neare to anarchie . puritans will not say , quovis modo esse , etiam poenale , is better then non esse : the scripture saith the contrary ; it were better for some never to have been borne , then to be . tyranny is better then no government . ans. . he knowes not sophismes of logick , who calleth this argument , à divisis : for the kings honour is not the end of the kings government : he should seeke the safetie of state and church , not himself ; himselfe is a private end , and a step to tyranny . . the prelate lyeth , when he maketh us to reason from the safetie of the subject to the destruction of the king. ferne , barclay , grotius , taught the hungry scholler to reason so . where read he this ? the people must be saved ; that is the supreme law : ergo , destroy the king. the devill and the prelate both , shall not fasten this on us . but thus we reason : when the man who is the king , endeavoreth not the end of his royall place , but , through bad counsell , the subversion of lawes , religion , and bondage of the kingdome ; the free estates are to joyne with him for that end of safetie , according as god hath made them heads of tribes , and princes of the people : and if the king refuse to joyne with them , and will not doe his dutie ; i see not how they are in conscience liberated , before god , from doing their part . . if the p. prelate call resisting the king by lawfull defensive wars , the destruction of the head ; he speaketh with the mouth of one excommunicated , and delivered up to sathan . . we endeavour nothing more then the safetie and happinesse of the king , as king : but his happinesse is not to suffer him to destroy his subjects , subvert religion , arme papists , who have slaughtered above two hundred thousand innocent protestants , only for the profession of that true religion which the king hath sworne to maintaine . not to rise in armes to helpe the king against these , were to gratifie him as a man , but to be accessarie to his soules destruction , as a king. . that the royall prerogative is the end of a monarchie ordained by god ; neither scripture , law , nor reason can admit . . the people are to intend the safetie of other iudges , as well as the kings . if parliaments be destroyed , whose it is to make lawes and kings ; the people can neither be safe , free to serve christ , nor happy . . it is a lie , that people were necessitated , at the beginning , to commit themselves to a king : for we read of no king , while nimrod arose : fathers of families ( who were not kings ) and others , did governe till then . . it was not want of wisedome , ( for in many , and in the people , there must be more wisdome then in one man : ) but rather corruption of nature , and reciprocation of injuries , that created kings , and other iudges . . the king shall better compasse his end , to wit , the safetie of the people , with limited power , ( placent mediocria ) and with other iudges added to helpe him , num. . , . deut. . , , , . then to put in one mans hand absolute power : for a sinfull mans head cannot beare so much new wine , such as exorbitant power is . . he is a base flatterer , who saith , the king cannot choose but earnestly and carefully endeavour his own , and the peoples happinesse : that is , the king is an angel , and cannot sinne , and decline from the duties of a king. of the many kings of judah and israel , how many chose this ? all the good kings that have been , may be written in a gold ring . . the peoples safetie dependeth indeed on the king , as a king and a happy governour ; but the people shall never be fattened to eat the winde of an imaginarie prerogative royall . . weake government , that is , a king with a limited power , who hath more power about his head , nor within his head ; is a strong king , and farre from anarchy . . i know not what he meaneth , but arminius , his masters way and words are here , for arminians say , that being in the damned eternally tormented is no benefit , it were better they never had being , then to be eternally tormented ; and this they say to the defiance of the doctrine of eternall reprobation , in which we teach , that though by accident , and because of the damned their abuse of being and life , it were to them better not to be ; as is said of iudas , yet simpliciter comparing being with non-being , and considering the eternity of miserable being in relation to the absolute liberty of the former of all things , who maketh use of the sinfull being of clay-vessells for the illustration of the glory of his iustice and power , rom. . , . pet. . . iude v. . it is a censuring of god , and his unsearchable wisedome , and a condemning of the almighty of cruelty ( god avert blasphemy of the unspotted and holy majesty ) who by arminian grounds , keepeth the damned in life , and being to be fuell eternally for tophet , to declare the glory of his iustice. but the prelate behoved to goe out of his way to salute and gratifie , a proclaimed enemy of free grace arminius , and hence he would inferre , that the king wanting his prerogative royall , and fulnesse of absolute power to doe wickedly , is in a penall and miserable condition , and that it were better for the king to be a tyrant , with absolute liberty to destroy , and save alive at his pleasure , as is said of a tyrant , dan. . v. . then to be no king at all . and here consider a principle of royalists court faith . . the king is no king , but a lame and miserable iudge , if he have not irresistable power to wast and destroy . . the king cannot be happy , nor the people safe ; nor can the king doe good in saving the needy , except he have the uncontrollable and unlimited power of a tyrant , to crush the poore and needy , and lay wast the mountaine of the lords inheritance : such court-ravens , who feede upon the soules of living kings , are more cruell then ravens and vultures , who are but dead carcasses . williams b. of ossarie answereth to the maxime , salus populi , &c. no wise king but will carefully provide for the peoples safety , because his safety and honour is included in theirs , his destruction in theirs . and it is , saith lipsius , egri animi proprium nihil diu pati . absolom perswaded there was no justice in the land , when he intendeth rebellion . and the poore prelate following him , spendeth pages to prove that goods , life , chastity and fame dependeth on the safety of the king , as the breath of our nostrills , our nurse-father , our head , corner-stone , and judge , c. . . . . the reason why all disorder was in church and state , was not because there was no iudge , no government ; none can be so stupid as to imagine that . but because . they wanted the excellentest of governments . . because aristocracy was weakened so , as there was no right . no doubt priests there were , but hos. . either they would not serve , or were over-awed , no doubt in those daies they had iudges , but priests and iudges were stoned by a rascally multitude , and they were not able to rule ; therefore it is most consonant to scripture to say , salus regis suprema populi salus . the safety of the king and his prerogative royall is the safest sanctuary for the people . so hos. . . lament . . . ans. . the question is not of the wisedome , but of the power of the king , if it should be bounded by no law. . the flatterer may know , there be more foolish kings in the world then wise , and that kings misled with idolatrous queenes , and by name achab ruined himselfe , and his posterity and kingdome . . the salvation and happinesse of men standing in the exalting of christs throne and the gospell , ergo every king , and every man will exalt the throne , and so let them have an incontrollable power without constraint of law , to doe what they list , and let no bounds be set to kings over subjects ; by this argument their owne wisedome is a law to leade them to heaven . . it is not absoloms mad male-contents in britane , but there were really no justice to protestants , all indulgence to papists , popery , arminianisme , idolatry printed , preached , professed , rewarded by authority , parliaments , and church assemblies , the bulwarkes of iustice and religion were denyed , dissolved , crushed , &c. . that by a king he understandeth a monarch , iudg. . and that such a one , as saul , of absolute power , and not a iudge , cannot be proved , for there were no kings in israel in the iudges daies , the government not being changed till neare the end of samuels government . . and that they had no iudges , he saith , it is not imaginable , but i rather beleeve god then the prelate , every one did what was right in his owne eyes , because there was none to put ill doers to shame . possible the estates of israel governed some way for meere necessity , but wanting a supreme iudge which they should have , they were loose : but this was not because where there is no king , as p. p. would insinuate , there was no government , as is cleare . . of tempered and limited monarchy , i thinke as honourably as the prelate , but that absolute and unlimited monarchy is excellenter then aristocracy , i shall then beleeve when royalists shall prove such a government , in so farre it is absolute , to be of god. . that aristocracy was now weakened i beleeve not , seeing god so highly commendeth it , and calleth it his own reigning over his people , sam. . . the weakening of it through abuse , is not to a purpose , more then the abuse of monarchy . . no doubt ( saith he ) hos. . they were priests and iudges , hos. . but they were over-awed as they are now . j thinke he would say , hos. . . otherwise he citeth scripture sleeping . that the priests of antichrist be not only over-awed , but out of the earth ; i yeeld , that the king be limited , not over-awed , i thinke gods law , and mans law alloweth . . the safety of the king as king , is not only safety , but a blessing to church and state , and therefore this p. prelate and his fellowes deserve to be hanged before the sun , who have led him on a warre to destroy him , and his protestant subjects . but the safety and flourishing of a king in the exercises of an arbitrary , unlimited power against law , and religion , and to the destruction of his subjects , is not the safety of the people , nor the safety of the kings soule , which these men , if they be the priests of the lord , should care for . the prelate commeth to refute the learned and worthy observator . the safety of the people is the supreme law , ergo the king is bound in duty to promote all and every one of his subjects to all happinesse . the observator hath no such inference , the king is bound to promote some of his subjects even as king , to a gallowes , especially irish rebells , and many bloudy malignants . but the prelate will needs have god rigorous ( hallowed be his name ) if it be so , for it is unpossible to the tenderest-hearted father to doe so : actuall promotion of all is unpossible , that the king intend it of all his subjects , as good subjects , by a throne established on righteousnesse and judgement , is that which the worthy observator meaneth ; other things here are answered . the summe of his second answer is , a repetition of what he hath said ; i give my word in a pamphlet of one hundred ninety and foure pages , i never saw more idle repetitions , of one thing twenty times before said . but page one hundred sixty and eight , he saith , the safety of the king and his subjects in the morall notion may be esteemed morally the same , no lesse then the soule and the body make one personall subsistence . ans. this is strange logick , the king and his subjects are ens per aggregationem ; and the king as king hath one morall subsistence , and the people another . hath the father and the sonne , the master and the servant one morall subsistence ? but the man speaketh of their well being : and then he must meane that our kings government that was not long agoe , and is yet , to wit , the popery , arminianisme , idolatry , cutting of mens eares , and noses , banishing , imprisonment , for speaking against popery , arming of papists to slay protestants , pardoning the bloud of ireland , that i feare , shall not be soone taken away , &c. are identically the same with the life , safety , and happinesse of protestants , then life and death , justice and unjustice , idolatry and sincere worship are identically one , as the soule of the prelate and his body are one . the third is but a repitition . the acts of royaltie ( saith the observator ) are acts of dutie and obligation ; ergo , not acts of grace properly so called . ergo , we may not thank the king for a courtesie . this is no consequence . what fathers do to children , are acts of naturall dutie , and of naturall grace ; and yet children owe gratitude to parents , and subjects to good kings , in a legall sense . no , but in way of courtesie onely . the observator said , the king is not a father to the whole collective body , and it s well said , he is son to them , and they his maker . who made the king ? policy answereth , the state made him , and divinitie : god made him . . the observator said well : the peoples weaknesse is not the kings strength . the prelate saith , amen : he said , that that perisheth not to the king , which is granted to the people . the prelate denyeth . because , what the king hath in trust from god , the king cannot make away to another , nor can any take it from him , without sacriledge . answ. true indeed , if the king had royalty by immediate trust , and infusion by god , as elias had the spirit of prophecie , that he cannot make away : royalists dream that god immediately from heaven , now infuseth facultie and right to crowns , without any word of god. it s enough to make an euthysiast leap up to the throne , and kill kings . judge if these fanaticks be favourers of kings : but if the king have royaltie mediately by the peoples free consent from god , there is no reason , but people give as much power even by ounce weights ( for power is strong wine , and a great mocker ) as they know a weak mans head will bear , and no more ; power is not an immediate inheritance from heaven : but a birth-right of the people borrowed from them , they may let it out for their good , and resume it when a man is drunk with it . . the man will have it conscience on the king to fight and destroy his three kingdoms , for a dream , his prerogative above law. but the truth is , prelates do engage the king , his house , honour , subjects , church , for their cursed mytres . the prelate vexeth the reader with repetitions , and saith , the king must proportion his government , to the safety of the people on the one hand , and to his owne safety and power on the other hand . ans. what the king doth as king , he doth it for the happinesse of his people , the king is a relative , yea even his owne happinesse that he seeketh , he is to referre to the good of gods people . he saith farther , the safety of the people includeth the safety of the king , because the word populus is so taken , which he proveth by a raw sickly rabble of words , stollen out of passerats dictioner . his father the schoole-master may whip him for frivolous etymologies . this supreame law ( saith the prelate ) is not above the law of prerogative royall , the highest law , nor is rex above lex . the democracie of rome had a supremacie above lawes , to make and unmake lawes : and will they force this power on a monarch , to the destruction of soveraigntie ? answ. this , which is stollen from spalato , barclay , grotius , and others , is easily answered . the supremacie of people , is a law of natures selfe-preservation , above all positive lawes , and above the king ; and is to regulate soveraigntie , not to destroy it . . if this supremacie of maj●stie was in people , before they have a king , then . they lose it not by a voluntary choise of a king ; for a king is chosen for good , and not for the peoples losse , ergo they must retain this power in habite , and potency , even when they have a king. . then supremacy of majesty is not a beame of divinity proper to a king only . . then the people having royall soveraignty vertually in them , make , and so unmake a king , all which the prelate denyeth . this supreme law ( saith the prelate , begging it from spalato , arnisaeus , grotius ) advance the king , not the people : and the sense is , the kingdome is really some time in such a case , that the soveraigne must exercise an arbitrary power , and not stand upon private mens interests , or transgressing of lawes , made for the private good of individualls , but for the preservation of it selfe , and the publicke , may break through all lawes . this he may , in the case when suddaine forraine invasion threatneth ruine inevitably to king and kingdome ; a physitian may rather cut a gangreened member , then suffer the whole body to perish . the dictator in case of extreame dangers ( as livie and dion . halicarnass . shew us ) had power according to his owne arbitrament , had a soveraigne commission in peace and war of life , death , persons , &c. not co-ordinate , not subordinate to any . ans. it is not an arbitrary power , but naturally tyed and fettered to this same supreame law , salus populi , the safety of the people , that a king breake through , not the law , but the letter of the law for the safety of the people ; as the chyrurgion , not by any prerogative that he hath above the art of chyrurgery , but by necessity , cutteth off a gangreened member , thus it s not arbitrary to the king to save his people from ruine , but by the strong and imperious law of the peoples safety he doth it ; for if he did it not , he were a murtherer of his people . . he is to stand upon transgression of lawes according to their genuine sense of the peoples safety , for good lawes are not contrary one to another , though when he breaketh through the letter to the law , yet he breaketh not the law , for if twenty thousand rebells invade scotland , he is to command all to rise , though the formality of a parliament cannot be had to indict the war , as our law provideth ; but the king doth not command all to rise , and defend themselves by a prerogative royall , proper to him as king , and incommunicable to any but to himselfe . . there is no such dinne and noise to be made for a king , and his incommunicable prerogative , for though the king were not at all , yea though he command the contrary ( as he did when he came against scotland with an english army ) the law of nature teacheth all to rise without the king. . that the king command this as king , it is not a particular positive law ; but he doth it as a man , and a member of the kingdom ; the law of nature , ( which knoweth no dreame of such a prerogative ) forceth him to it , as every member is , by natures indictment , to care for the whole . . it is poore hungry skill in this new statist , ( for so he nameth all scotland ) to say , that any lawes are made for private interests , and the good of some individuals . lawes are not lawes , if they be not made for the safetie of the people . . it is false , that the king in a publike danger is to care for himselfe as a man , with the ruine and losse of any : yea , in a publike calamitie , a good king , as david , is to desire he may die , that the publique may bee saved , samuel , . . exodus . . it is commended of all , that the emperour otho , yea and richard the . of england , as m. speed saith , hist. of england , p. . resigned their kingdomes to eschew the effusion of blood . the prelate adviseth the king to passe over all lawes of nature , and slay thousands of innocents , and destroy church and state of three kingdomes , for a straw , and supposed prerogative royall . now certainly , prerogative , and absolutenes to doe good and ill , must be inferior to a law , the end whereof is the safetie of the people . for david willeth the pestilence may take him away , and so his prerogative , that the people may be saved , sam. . . for prerogative is cumulative , to doe good , not privative to doe ill ; and so is but a meane to defend both the law and the people . . prerogative is either a power to doe good , or ill , or both : if the first be said , it must be limited by the end , and law , for which it is ordained . a meane is no farther a meane , but in so far as it conduceth to the end ; the safetie of all . if the second be admitted , it is licence and tyrannie , not power from god. if the third be said , both reasons plead against this , that prerogative should be the king● end in the present warres . . prerogative being a power given by the mediation of the people ; yea , suppose ( which is false ) that it were given immediately of god ; yet it not a thing for which the king should raise war against his subjects : for god will aske no more of the king , then he giveth to him : the lord reapeth not , where he soweth not . if the militia , and other things , be ordered hitherto for the holding off irish and spanish invasion by sea , and so for the good of the land , seeing the king , in his own person , cannot make use of the militia ; he is to rejoyce that his subjects are defended . the king cannot answer to god for the justice of warre on his part : it is not a case of conscience that the king should shed blood for , to wit , because the under-officers are such men , and not others of his choosing ; seeing the kingdome is defended sufficiently , except where cavaliers destroy it . and to me , this is an unanswerable argument , that the cavaliers destroy not the kingdomes for this prerogative royall , as the principall ground ; but for a deeper designe , even for that which was working by prelates and malignants , before the late troubles in both kingdomes . . the king is to intend the safetie of his people ; and the safety of the king , as a governour , but not as this king , and this man , charles : that is a selfe end : a king david is not to looke to that : for when the people was seeking his life and crown , he saith , ps. . . thy blessing upon thy people . he may care for , and intend that the king and government be safe : for if the kingdome be destroyed , there cannot be a new kingdome and church on earth againe to serve god , in that generation , psal. . . but they may easily have a new king againe : and so the safetie of the one , cannot in reason be intended , as a collaterall end , with the safetie of the other : for there is no imaginable comparison betwixt one man , with all his accidents of prerogative and absolutenesse , and three nationall churches and kingdomes : better the king weep for a childish trifle of a prerogative , than poperie be erected , and three kingdomes be destroyed by cavaliers , for their own ends . . the dictators power is , . a fact , and proveth not a point of conscience . . his power was in an exigence of extreme danger of the commonwealth . the p. prelate pleadeth for a constant absolutenesse above lawes , to the king at all times , and that jure divino . . the dictator was the peoples creature ; ergo , the creator , the people , had that soveraigntie over him . . the dictator was not above a king : but the romanes ejected kings . . the dictators power was not to destroy a state : . he might be , and was resisted . . he might be deposed . prelate . the safetie of the people is pretended as a law , that the jewes must put christ to death ; and that saul spared agag . ans. no shadow for either , in the word of god. caiaphas prophecied , and knew not what he said . but that the iewes intended the salvation of the elect , in kil●ing christ : or that saul intended a publick good in sparing agag , shall be the prelates divinitie , not mine . . what , howbeit many should abuse this law of the peoples safety , to wrong good kings , it ceaseth not therefore to be a law , and licenseth not ill kings , to place a tyrannicall prerogative above a just dictate of nature . in the last chapter , the prelate hath no reasons , onely he would have kings holy , and this he proveth from apocrypha books , because he is ebbe in holy scripture ; but it is romish holinesse , as is cleer . . he must preach something to himself , that the king adore a tree-altar . thus kings must be most reverend in their gestures , pag. . . the king must hazard his sacred life and three kingdoms , his crown , royall posterity , to preserve sacred things , that is , antichristian romish idols , images , altars , ceremonies , idolatry , popery . . he must upon the same pain maintain sacred persons , that is , greasie apostate prelates . the rest i am weary to trouble the reader withall , but know ex ungue leo●em . quest . xxvi . whether the king be above the law or no ? we may consider the question of the laws supremacie over the king , either in the supremacie of constitution of the king , . or of direction , or . of limitation , or . of coaction and punishing . those who maintain this , [ the king is not subject to the law ] if their meaning be [ the king as king is not subject to the laws direction ] they say nothing ; for the king as the king is a living law ; then they say [ the law is not subject to the laws direction ] a very improper speech ; or , the king as king , is not subject to the coaction of the law ; that is true , for he who is a living law , as such , cannot punish himself , as the law saith . . assert . the law hath a supremacy of constitution above the king ; . because the king by nature is not king , as is proved ; ergo , he must be king by a politique constitution and law , and so the law in that consideration is above the king , because it is from a civil law , that there is a king , rather then any other kinde of governour . . it is by law , that amongst many hundred men , this man is king , not this man ; and because , by the which a thing is constituted , by the same thing it is , or may be dissolved ; therefore , . as a community finding such and such qualifications as the law requireth to be in a king , in this man , not in this man ; therefore upon law-ground , . they make him a king , and upon law-grounds and just demerit , they may unmake him again ; for , what men voluntarily doe upon condition , the condition being removed , they may undoe again . . assert . it is denyed by none ; but the king is under the directive power of the law , though many liberate the king from the coactive power of a civil law. but i see not what direction a civil law can give to the king , if he be above all obedience , or disobedience to a law , seeing all law-direction is in ●rdine ad obedientiam , in order to obey ; except thus far , that the light that is in the civil law , is a morall or naturall guide to conduct a king in his walking ; but this is the morality of the law which inlightneth and informeth , not any obligation that aweth the king ; and so the king is under gods and natures law , this is nothing to the purpose . . assert . the king is under the law , in regard of some coercive limitation : . because there is no absolute power given to him to do what he listeth , as a man. and because , . god , in making saul a king , doth not by any royall stamp give him a power to sin , or to play the tyrant ; for which cause i expone these of the law , omnia sunt possibilia regi , imperator omnia potest . baldus in § . f. de no. for . fidel . in f. & in prima constitut . c. col . . chassanaeus in catalog . gloriae mundi . par . . considerat . . & tanta est ejus celsitudo , ut non posset ei imponi lex in regno suo . curt. in consol . . col . . ad . f. petrus rebuff . notab . . repet . l. unicae . c. de sentent . quae pro eo quod nu . . pag. . all these go no otherwise but thus , the king can do all things which by law he can do , and that holdeth him : id possumus quod jure possumus . and therefore the king cannot be above the covenant and law made betwixt him and his people , at his coronation-oath ; for then the covenant and oath should binde him onely , by a naturall obligation , as he is a man , not by a civil or politique obligation , as he is a king. so then , . it were sufficient that the king should swear that oath in his cabinet-chamber , and it is but a mocking of an oath , that he swear it to the people . . that oath given by the representative-kingdom , should also oblige the subjects naturally , in foro dei , not politically , in foro humano , upon the same reason . . he may be resisted as a man. . assert . the fourth case is , if the king be under the obliging politique coaction of civil laws , for that he in foro dei , be under the morality of civil laws , so as he cannot contraveen any law in that notion , but he must sin against god , is granted on all hands , deut. . . iosh. . . sam. . . that the king binde himself to the same law that he doth binde others , is decent , and obligeth the king as he is a man ; . because , matth. . . it is said to be the law and the prophets , all things , whatsoever ye would men should do unto you , do ye even so to them . . it is the law , jmperator l. . digna v●x . c. de lege & tit . quod quisque juris in alium statuit , eodem & ipse utatur . iulius caesar commanded the youth who had defloured the emperours daughter , to be scourged , above that which the law allowed . the youth said to the emperour , dixisti legem caesar ; you appointed the law , caesar. the emperor was so offended with himself , that he had failed against the law , that for the whole day he refused to taste meat . assert . . the king cannot but he subject to the coactive power of fundamentall laws : because this is a fundamentall law , that the free estates lay upon the king , that all the power that they give to the king as king , is for the good and safety of the people ; and so what he doth to the hurt of his subjects , he doth it not as king. . the law saith , qui habet potestatem constituendi etiam & jus adimendi . l. nemo . . l. . de reg . jure . those who have power to make , have power to unmake kings . . what ever the king doth as king , that he doth by a power borrowed from , ( or by a fiduciary power which is his by trust ) the estates , who made him king. he must then be nothing but an eminent servant of the state , in the punishing of others . if therefore he be unpunishable , it is not so much because his royall power is above all law-coaction , as because one & the same man cannot be both the punisher and the punished , and this is a physicall incongruity rather then a morall absurdity . so the law of god layeth a duty on the inferiour magistrate , to use the sword against the murtherer , and that by vertue of his office , but i much doubt it for that , he is to use the sword against himselfe in the case of murther ▪ for this is a truth i purpose to make good ; that suffering as suffering according to the substance and essence of passion , is not commanded by any law of god or nature to the sufferer , but only the manner of suffering : i doubt if it be not , by the law of nature , lawfull even to the ill doer who hath deserved death by gods law , to fly from the sword of the lawfull magistrate ; only the manner of suffering with patience is commanded of god. i know the law saith here , that the magistrate is both iudge , and the executor of the sentence against himselfe , in his owne cause , for the excellency of his office. therefore these are to be distinguished , whether the king ratione demeriti & jure , by law be punishable , or if the king can actually be punished corporally by a law of man , he remaining king ; and since he must be a punisher himselfe , and that by vertue of his office . in matters of goods the king may be both iudge and punisher of himselfe , as our law provideth that any subject may plead his owne heritage from the king before the inferiour iudges , and if the king be a violent possessour , and in mala fide for many yeares , by law he is obliged upon a decree of the lords , to execute the sentence against himselfe , ex officio , and to restore the lands , and repay the dammage to the just owner , and this the king is to doe against himselfe , ex officio . i grant here the king as king punisheth himselfe as an unjust man , but because bodily suffering is meere violence to nature , i doubt if the king ex officio , is to doe or inflict any bodily punishment on himselfe : nemo potest a seipso cogi . l. ille a quo . . § . assert . . there be some lawes made in favour of the king as king , as to pay tribute . the king must be above this law as king. true , but if a noble man of a great rent be elected king , i know not , if he can be free from paying to himselfe as king , tribute , seeing this is not allowed to the king by a divine law , rom. . . as a reward of his worke ; and christ expresly maketh tribute a thing due to caesar as a king , matth. . v. . there be some solemnities of the law from which the king may be free , prickman . d. c. . n. . and he relateth what they are , they are not lawes , but some circumstances belonging to lawes , and prickman answereth to many places alledged out of the lawyers , to prove the king to be above the law , maldorus in . art. , , , . will have the prince under that law , which concerneth all the common-wealth equally in regard of the matter , and that by the law of nature , but he will not have him subject to these lawes which concerneth the subjects as subjects , as to pay tribute . he citeth francis● . a vict. covarruvia , and turrecremata . he also will have the prince under positive lawes , such as not to transport victualls , not because the law bindeth him as a law. but because the making of the law bindeth him , tanquam conditio sine qua non , even as he who teacheth another that he should not steale , he should not steale himselfe , rom. . but the truth is , this is but a branch of the law of nature , that i should not commit adultery , and theft , and sacriledge , and such sinnes as nature condemneth , if i shall condemne them in others , and doth not prove that the king is under the coactive power of civill lawes . vlpianus , l. . f. de regibus saith , the prince is loosed from lawes , bodine de repub. l. . c. . nemo imperat sibi , no man commandeth himselfe . tholosanus saith , ipsius est dare , non accipere leges . the prince giveth lawes , but receiveth none , de rep. l. . c. . donellus lib. . comment . c. . distinguisheth betwixt a law , and a royall law proper to the king. trentlerus volum . . . . saith , the prince is freed from laws ▪ and that he obeyeth laws , de honestate , non de necessitate , vpon honesty , not of necessity . thomas p. . q. . art. . and with him soto , gregorius de valentia , and other schoole-men , subject the king to the directive power of the law , and liberate him of the coactive power of the law. assert . . if a king turne a paricide , a lyon , and a waster and destroyer of the people , as a man he is subject to the coactive power of the lawes of the land. if any law should hinder that a tyrant should not be punished by law , it must be , because he hath not a superiour but god ; for royalists build all upon this , but this ground is false : because the estates of the kingdome who gave him the crowne , are above him , and they may take away what they gave him ; as the law of nature and god saith , if they had knowne he would turne tyrant , they would never have given him the sword●● and so how much ignorance is in the contract they made with the king , as little of will is in it , and so it is not every way willing , but being conditionall is supposed to be against their will. . they gave the power to him only for their good , and that they make the king , is cleare , chron. . . sam. . , . deut. . , , , . king. . v. . king. . . king. . . iud. . . . chron. . . fourescore valiant men of the priests withstood vzziah in a corporall violence , and thrust him out , and cut him off from the house of the lord. and , . if the princes place doe not put him above the lawes of church-discipline , ( matth. . for christ excepteth none , and how can men except ? ) and if the rod of christs lips smite the earth , and slay the wicked , esay . . and the prophets elias , nathan , ieremiah , esaiah , &c. iohn baptist , iesus christ ▪ and his apostles have used this rod of censure and rebuke , as servants under god , against kings , this is a sort of spirituall coaction of lawes put in execution by men , and by due proportion corporall coaction being the same ordinance of god , though of another nature , must have the like power over all , whom the law of god hath not excepted , but gods law excepteth none at all . . it is presumed that god hath not provided better for the safety of the part , then of the whole , especially when he maketh the part a meane for the safety of the whole . but if god have provided that the king , who is a part of the common-wealth , shall be free of all punishment , though he be a habituall destroyer of the whole kingdome , seeing god hath given him to be a father , tutor , saviour , defender thereof , and destinated him as a meane for their safety , then must god have worse , not better provided , for the safety of the whole , then of the part . the proposition is cleare in that god , rom. . . tim. . . hath ordained the ruler , and given to him the sword to defend the whole kingdome and city ; but we read no where , that the lord hath given the sword to the whole kingdome , to defend one man a king , though a ruler come going on in a tyrannicall way of destroying all his subjects . the assumption is evident : for then the king , turning tyrant , might set an army of turkes , jewes , cruell papists , to destroy the church of god , without all feire of l●w or punishment . yea , this is contrary to the doctrine of royalists : for , winzetus adversus buchana●um , p. . s●ith of nero , that he seeking to destroy the senate and people of rom● , and seeking to m●ke new lawes for himselfe , excidit jure regni , lost right to the kingdome . and barclaius advers . monarcho-machous , l. . c. ult . p. , . saith , a tyrant , such as caligula , spoliare se jure regni , spoileth himselfe of the right to the crown . and in that same place : regem , si regnum suum alienae ditioni manciparit , regno cadere : if the king sell his kingdome , he loseth the title to the crown . grotius de jure belli & pacis , l. . c. . n. , si rex hostili animo in totius populi exitium feratur , amittit regnum : if he turne enemie to the kingdome , for their destruction , he loseth his kingdome , because ( saith he ) voluntas imperandi , & voluntas perdendi , simul consistere non possunt : a will or minde to governe , and to destroy , cannot consist together in one . now if this be true , that a king turning tyrant , loseth title to the crown ; this is either a falling from his royall title only in gods court ; or it is a losing of it before men , and in the court of his subjects . if the former be said , . he is no king , having before god lost his royall title : and yet the people is to obey him as the minister of god , and a power from god , when as he is no such thing . . in vaine doe these authors provide remedies to save the people from a tyrannous waster of the people , if they speake of a tyrant who is no king in gods court only , and yet remaineth a king to the people in regard of the law : for the places speake of remedies that god hath provided against tyrants cum titulo , such as are lawfull kings , but turn tyrants . now by this they provide no remedie at all , if only in gods court , and not in mans court also , a tyrant lose his title . as for tyrants sine titulo , such as usurpe the throne , and have no just claime to it : barclaius adver . monarcho-ma . l. . c. . p. . saith , any private man may kill him , as a publike enemie of the state : but if he lose his title to the crown in the court of men , then is there , ▪ a court on earth to judge the king , and so he is under the coactive power of a law. . then a king may be resisted , and yet those who resist them , doe not incurre damnation ; the contrary whereof royalists endeavour to prove from rom. . . then the people may un-king one who was a king. but . i would know who taketh that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from him , whereby he is a king , that beame of divine majestie ? not the people ; because royalists say , they neither can give , nor take away royall dignitie , and so they cannot un-king him . . the more will be in the consent ▪ ( saith ferd. vasquez ▪ : l. . c . ) the obligation is the stricter . so , doubled words ( saith the law , l. . § . . n. . ) oblige more strictly . and all lawes of kings , who are rationall fathers , and so lead us by lawes , as by rationall meanes to peace and externall happinesse ; are contracts of king and people . omnis lex sponsio & contractus reip. § . . iust. de ver . relig . now the king at his coronation-covenant with the people , giveth a most intense consent , an oath , to be a keeper and preserver of all good laws : and so hardly he can be freed from the strictest obligation that law can impose : and if he keep lawes by office , he is a meane to preserve lawes ; and no meane can bee superior and above the end , but inferior thereunto . . bodine proveth , de rep. l. . c. . p. . that emperors at first were but princes of the commonwealth : and that soveraigntie remained still in the senate and people . marius salomonius , a learned romane civilian , wrote sixe bookes de principatu , to refute the supremacie of emperors above the state. ferd. vasq. illust . quest . part . . l. . n. . proveth , that the prince , by royall dignitie , leaveth not off to be a citizen , a member of the politique body ; and not a king , but a keeper of lawes . hence , . the prince remaineth , even being a prince , a sociall creature , a man , as well as a king ; one who must buy , sell , promise , contract , dispose : ergo , he is not regula regulans , but under rule of law : for impossible it is , if the king can , in a politicall way , live as a member of a societie , and doe and performe acts of policie , and so performe them , as he may by his office , buy , and not pay ; promise , and vow , and sweare to men , and not performe , nor be obliged to men to render a reckoning of his oath , and kill and destroy , and yet in curia politicae societatis , in the court of humane policie , be free : and that he may give inheritances , as just rewards of vertue and well-doing , and take them away againe . yea , seeing these sinnes that are not punishable before men , are not sinnes before men : if all the sinnes and oppressions of a prince be so above the punishment that men can inflict , they are not sinnes before men , by which meanes the king is loosed from all guiltinesse of the sinnes against the second table : for , the ratio formalis , the formall reason , why the iudge , by warrant from god , condemneth , in the court of men , the guilty man , is , because he hath sinned against humane societie , either through the scandall of blasphemie , or through other heynous sinnes he hath defiled the land. now this is incident to the king , as well as to some other sinfull man. to these , and the like , heare what the excommunicated prelate hath to say ; . they say ( he meaneth the jesuites ) every societie of men is a perfect republick , and so must have within it selfe a power to preserve it selfe from ruine , and by that to punish a tyrant . he answereth , a societie without a head , is a disorderly rout , not a politique body ; and so cannot have this power . ans. . the pope giveth to every societie , politick power to make away a tyrant , or hereticall king , and to un-king him , by his brethren the jesuites way . and observe , how papists ( of which number i could easily prove the p. prelate to be , by the popish doctrine that he delivered , while the iniquitie of time , and dominion of prelates in scotland , advanced him , against all worth of true learning and holinesse , to be a preacher in edinborough ) and iesuites agree , as the builders of babylon . it is the purpose of god to destroy babylon . . this answer shall inferre , that the aristocraticall governors of any free state , and that the duke of venice , and the senate there , is above all law , and cannot be resisted , because without their heads they are a disorderly rout. . a politicall societie , as by natures instinct , they may appoint a head , or heads to themselves : so also if their head , or heads become ravenous wolves , the god of nature hath not left a perfect societie remedilesse ; but they may both resist , and punish the head or heads , to whom they gave all the power that they have , for their good , not for their destruction . . they are as orderly a body politique , to unmake a tyrannous commander , as they were to make a just governour . the prelate saith , it is alike to conceive a politique body without a governour , as to conceive the naturall body without a head. he meaneth , none of them can be conceivable . i am not of his minde . when saul was dead , israel was a perfect politique body : and the prelate , if he be not very obtuse in his head , ( as this hungry peece stollen from others , sheweth him to be ) may conceive a visible politicall societie performing a politicall action , sam. . , , . making david king at a visible and conceivable place , at hebron ; and making a covenant with him . and that they wanted not all governors , is nothing to make them chymera's unconceivable : for when so many families before nimrod , were governed only by fathers of families , and they agreed to make either a king , or other governors , a head , or heads over themselves : though the severall families had government , yet these consociated families had no government ; and yet so conceivable a politique body , as if maxwell would have compeared amongst them , and called them a disorderly rout , or an unconceivable chymera , they should have made the prelate know , that chymera's can knock down prelates . neither is a king the life of a politique body , as the soule is of the naturall body : the body createth not the soule : but israel created saul king ; and when he was dead , they made david king , and so , under god , many kings , as they succeeded , till the messiah came . no naturall body can make soules to it selfe by succession ; nor can seas create new prelates alwayes . p. prelate . jesuites and puritans differ infinitely ; we are hopefull god shall cast down this babel . the iesuites , for ought i know , seat the superintendent power in the communitie : some sectaries follow them , and warrant any individuall person to make away a king in case of defects , and the worke is to be rewarded as when one killeth a ravenous wolfe . some will have it in a collective body , but how ? not met together by warrant , or writ of soveraigne authoritie , but when fancie of reforming church and state calleth them . some will have the power in the nobles and peeres ; some in the three estates assembled by the kings writ ; some in the inferior iudges . i know not where this power to curbe soveraigntie is , but in almighty god. ans. . iesuites and puritans differ infinitely : true . jesuites deny the pope to be antichrist , hold all arminian doctrine , christs locall descension to hell : all which the prelate did preach . we deny all this . . we hope also the lord shall destroy the jesuites babel ; the suburbs whereof , and more , are the popish prelates in scotland and england . . the jesuites , for ought he knoweth , place all superintendent power in the communitie . the prelate knoweth not all his brethren the iesuites wayes : but it is ignorance , not want of good will. for bellarmine , beucanus , suarez , gre●gor , de valentia , and others his deare fellowes say , that all superintendent power of policy , in ordine ad spiritualia is in the man , whose foot maxwell would kisse for a cardinals hat. . if these be all the differences , it is not much , the community is the remote and l●st subject , the representative body the nearest subject , the nobles a partiall subject ; the iudges as iudges sent by the king , are so in the game , that when an arbitrary prince at his pleasure setteth them up , and at command that they judge for men , and not for the lord , and accordingly obey , they are by this power to be punished , and others put in their place . . a true cause of convening parliaments the prelate maketh a fancie at this time ▪ it is as if the theeves and robbers should say a iustice court were a fancie ; but if the prelate might compeare before the parliament of scotland ( to which he is an out-law , like his father , thess : . . ) such a fancie i conceive should hang him , and that deservedly . p. prelate . the subject of this superintending power must be secured from errour , in judgement and practise , and the community and states then should be infallible . ans ▪ the consequence is nought , no more then the king the absolute independent is infallible . . it is sure the people are in lesse hazard of tyranny and selfe destruction , then the king is to subvert lawes , and make himselfe absolute , and for that cause there must be a superintendent power above the king ; and god almighty also must be above all . p. prelate . the parliament may erre , then god hath left the state remedilesse except the king remedy it . ans. there 's no consequence here , except the king be impeccable . . posteriour parliaments may correct the former . . a state is not remedilesse , because gods remedies , in sinfull mens hands may miscarry . but the question is now , whether god hath given power to one man to destroy men , subvert lawes , and religion , without any power above him to coerce , restraine or punish . p. prelate . if when the parliament erreth , the remedy is left to the wisedome of god , why not when the king erreth ? ans. neither is antecedent true , nor the consequence valid , for the founder part may resist ; and it is easier to one to destroy many , having a power absolute , which god never gave him , then for many to destroy themselves . then if the king vzza● intrude himselfe and sacrifice , the priests doe sin in remedying thereof . p. prelate . why might not the people of israell , peers or sanedrim have convened before them , judged , and punished david , for his adultery and murther ? romanists and new statists acknowledge no case lawfull , but heresie , apostacy , or tyranny ; and tyranny they say must be universall , . manifest as the sunne . . and with obstinacy , and invincible by prayers ; as is recorded of nero , whose wish was rather a transported passion , then a fixed resolution , this cannot fall in the attempts of any but a mad-man . now this cannot be proved of our king ; but though we grant in the foresaid case , that the community may resume their power , and rectifie what is amisse , which we canno grant , but this will follow by their doctrine in every case of male administration . ans. the prelate draweth me to speake of the case of the kings unjust murther , confessed ps. . to which i answer , he taketh it for confessed , that it had been treason in the sanedrin and states of israel to have taken on them to judge and punish david for his adultery and his murther ; but he giveth no reason for this , nor any word of god ; and truely though i will not presume to goe before others in this , gods law , gen. . . compared with num. . . . seemeth to say against them . nor can i thinke that gods law , or his deputy the iudges are to accept the persons of the great , because they are great , deut. . . chro. . , . and we say , we cannot distinguish where the law distinguisheth not , the lord speaketh to under iudges , levit. . . thou shalt not respect the person of the poore , nor honour the person of the mighty , or of the prince , for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth . i grant , it is not gods meaning that the king should draw the sword against himselfe , but yet it followeth not , that if we speake of the demerit of blood , that the law of god accepteth any iudge , great or small , & if the estate be above the king , as i conceive they are , though it be a humane politicke constitution , that the king be free of al coaction of law , because it conduceth for the peace of the common-wealth , yet if we make a matter of conscience , for my part i see no exception that god maketh it , if men make , i crave leave to say , a facto ad jus non sequitur . and i easily yeeld that in every case the estates may coerce the king , if we make it a case of conscience . and for the place ps. . . against thee only have i sinned . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flatterers alleadge it to be a place that proveth that the king is above all earthly tribunals , and all lawes , and that there was not on earth any who might punish king david ; and so they cite clemens alexandrin . strom. l. . arnobi . psal. . dydimus , hieronim . but calvine on the place giveth the meaning that most of the fathers give . domine , etiam si me totus mundus absolvat , mihi tamen plusquam satis est , quod te solum judicem sentio . it is true , beda , euthymius , ambrosius , apol. david , c. . & . c. . do all acknowledge from the place , de facto , there was none above david to judge him , and so doth augustine , basilius , theodoret say , and chrysostomus , and cyrillus , and hyeronim . epist. . ambrose sermo . . in psal. . gregorius , and augusti . ioan. . saith , he meaneth no man durst judge or punish him , but god only . lorinus the iesuit observeth eleven interpretatiōs of the fathers all to this sense , since lyra , saith he , sinned only against god , because god only could pardon him ; hugo cardinalis , because god only could wash him , which he asketh in the text. and lorin . solo deo conscio peccavi . but the simple meaning is , against thee only have i sinned , as my eye witnesse and imediate beholder ; and therfore he addeth , and have done this evill in thy sight . . against thee only , as my iudge , that thou maist be justified when thou judgest , as cleare from all unrighteousnesse , when thou shalt send the sword on my house . . against thee , o lord only , who canst wash me , and pardon me , v. , . and if this ( thee only ) exclude all together , vriah , bathsheba , and the law of the iudges , as if he had sinned against none of these in their kind , then is the king because a king free , not only from a punishing law of man , but from the duties of the second table simply , and so a king cannot be under the best and largest halfe of the law , thou shalt love thy neighbour as thy selfe . . he shall not need to say , forgive us our sinnes , as we forgive them that sin against us ; for there is no reason from the nature of sin , and the nature of the law of god , why we can say more the subjects and sonnes sin against the king and father , then to say the father and king sin against the sonnes and subjects . . by this , the king killing his father iesse , should sin against god , but not breake the fift command , nor sinne against his father . . god should in vaine forbid fathers to provoke their children to wrath . . and kings to doe unjustice to their subjects , because by this the superiour cannot sinne against the inferiour , for as much as kings can sin against none , but those who have power to judge and punish them ; but god only , and no inferiours , and no subjects have power to punish the kings , therefore kings can sin against none of their subjects , and where there is no sin , how can there be a law ? neither major or minor can be denyed by royalists . . we acknowledge tyra●ny must only unking a prince . the prelate denyeth it , but he is a green statist . barclay , grotius , winzetus , as i have proved granteth it . . he will excuse nero as of infirmity , wishing all rome to have one necke , that he may cut it off . and is that charitable of kings ▪ that they will not be so mad as to destroy their owne kingdome ? but when stories teach us there have been more tyrants then kings , the kings are more obliged to him for flattery , then for state-wit , except we say that all kings who eate the people of god , as they doe bread , owe him little , for making them all madde and franticke . . but let them be nero's , and madde , and worse , there is no coercing of them , but all must give their neckes to the sword , if the poore prelate be heard ; and yet kings cannot be so madde as to destroy their subjects . mary of england was that madde , the romish princes who have given , revel . . . their power and strength to the beast , and doe make warre with the lambe ; and kings inspired with the spirit of the beast , and drunke with the wine of the cup of babells fornications , are so madde , and the ten emperours are so madde , who wasted their faithfullest subjects . p. prelate . if there be such a power in the peeres , resumable in the ex●gent of necessity , as the last necessary remedy for safety of church and state , god and nature not being deficient in things necessary , it must be proved out of the scripture , and not taken on trust , for affirmanti incumbit probatio . ans. mr. bishop , what better is your affirmanti incumbit , &c , then mine ? for you are the affirmer . i can prove a power in the king , limited onely to feed , governe , and save the people ; and you affirme that god hath given to the king , not only a power officiall and royall to save , but also to destroy and cut off , so as no man may say , why doest thou this ? shall we take this upon the word of an excommunicated prelate ? profer tabulas , iohn p. p. i beleeve you not , royall power is deut. . . rom. . . i am sure there is there a power given to the king to doe good , and that from god : let john p.p. prove a power to doe ill , given of god to the king. . we shall quickly prove that the states may represse this power , and punish the tyrant , not the king : when he shall prove that a tyrannous power is an ordinance of god , and so may not be resisted . for the law of nature teacheth , if ● give my sword to my fellow to defend me from the murtherer , if he shall fall to , and murther me with my own sword , i may ( if i have strength ) take my sword from him . prelate . it is infidelitie , to thinke that god cannot helpe us ; and impatience , that we will not wait on god. when a king oppresseth us , it is against gods wisdome , that he hath not provided another meane for our safetie , than intrusion on gods right . . it is against gods power ▪ . his holinesse , . christian religion , that we necessitate god to so weake a meane , to make use of sinne : and we cast the aspersion of treason on religion , and deterre kings to professe reformed catholike religion . . we are not to justle god out of his right . ans. i see nothing but what d. ferne , grotius , barclay , blackwood have said before , with some colour of proving the consequence . the p. prelate giveth us other mens arguments , but without bones . all were good , if the states coercing and curbing a power which god never gave to the king , were a sinne , and an act of impatience , and unbelief : and , if it were proper to god only , by his immediate hand , to coerce tyrannie . . he calleth it not protestant religion , either here , or elsewhere ; but cautelously giveth a name that will agree to the roman catholique religion : for the dominicans , franciscans , and the parisian doctors and schoolemen , following occham , gerson , alma●● , and other papists , call themselves reformed catholiques . . he layeth this for a ground , in or pages , where these same arguments are againe and againe repeated in terminis , as his second reason , p. . was handled ad nauseam , p. . his . reason is repeated in his . reason , p. . he layeth ( i say ) down this ground , which is the begged conclusion , and maketh the conclusion the assumption , in raw and often repeated arguments : to wit , that the parliaments coercing and restraining of arbitrarie power , is rebellion , and resisting the ordinance of god. but he dare not looke the place rom. . on the face : other royalists have done it with bad successe . this i desire to be weighed , and i retort the prelates argument . but it is indeed the triviall argument of all royalists , especially of barclay , obvious in his . booke . if arbitrarie and tyrannicall power above any law that the lawfull magistrate commandeth under the paine of death , ( thou shalt not murther one man ) ( thou shalt not take away the vineyard of one naboth violently ) be lawfull and warrantable by gods word ; then an arbitrarie power above all divine lawes , is given to the keeping of the civill magistrate . and it is no lesse lawfull arbitrarie , or rather tyrannicall power , for david to kill all his subjects , and to plunder all jerusalem , ( as i beleeve , prelates , and malignants , and papists would serve the three kingdomes , if the king should command them ) then to kill one vriah , or for achab to spoile one naboth . the essence of ●inne must agree alike to all , though the degrees varie . of gods remedie against arbitrary power , hereafter , in the question of resistance : but the confused ingine of the prelate bringeth it in here , where there is no place for i● . his . argument is : before god would authorize rebellion , and give a bad president thereof for ever , he would rather worke extraordinary and wond●rfull miracles , and therefore would not authorize the people to deliver themselves from under pharaoh , but made moses a prince , to bring them out of egypt with a str●tched-out arm● : nor did the lord deliver his people by the wisdome of moses , or strength of the people , or any act that way of theirs , but by his own immediate hand and power . ans. i reduce the prelates confused words to a few : for i speake not of his popish tearme of saint steven , and others the like : because all that he hath said in a book of pages , might have been said in three sheets of paper . but , i pray you , what is this argument to the question in hand , w●●ch is , whether the king be so above all lawes , as people and peeres , in the case of arbitrarie power , may resume their power , and punish a tyrant ? the p. pr●late draweth in the question of resistance by the haire . israels not rising in armes against k. pharaoh , proveth nothing against the power of a free kingdome against a tyrant . . moses , who wrought miracles destructive to pharaoh , might pray a vengeance against pharaoh , god having revealed to moses , that pharaoh was a reprobate ▪ but may ministers and nobles pray so against king charles ? god forbid . . pharaoh had not his crown from israel . . pharaoh had not sworne to defend israel , nor became he their king upon condition he should maintaine and professe the religion of the god of israel : therefore israel could not , as free estates , challenge him in their supreme court of parliament , of breach of oath : and upon no termes could they un-king pharaoh ; he held not his crown of them . . pharaoh was never circumcised , nor within the covenant of the god of isr●el , in profession . . israel had their lands by the meere gift of the king. i hope the king of britaine standeth to scotland and england in a foure-fold contrary relation . all divines know , that pharaoh his princes , and the egyptians , were his peeres and people ; and that israel were not his native subjects , but a number of strangers , who by the lawes of the king and princes , by the meanes of joseph , had gotten the land of goshen for their dwelling , and libertie to serve the god of abraham , to whom they prayed in their bondage , exod. . , . and they were not to serve the gods of egypt , nor were of the kings religion : and therefore his argument is thus : a number of poore exiled strangers under king pharaoh , who were not pharaohs princes and peeres , could not restraine the tyrannie of king pharaoh : ergo , the three estates in a free kingdome may not restraine the arbitrarie power of a king. . the prelate must prove that god gave a royall and kingly power to king pharaoh , due to him by vertue of his kingly calling , ( according as royalists expone sam. . , . ) to kill all the male children of israel , to make slaves of themselves , and compell them to worke in brick and clay , while their lives were a burden to them : and that if a romish catholique , mary of england , should kill all the male children of protestants , by the hands of papists , at the queenes commandement , and make bondslaves of all the peeres , iudges , and three estates , who made her a free princesse : yet notwithstanding that mary had sworne to maintaine the protestant religion ; they were to suffer , and not to defend themselves . but if god give pharaoh a power to kill all israel , so as they could not controll it ; then god giveth to a king a royall power by office to sinne : only the royalist saveth god from being the author of sinne , in this , that god gave the power to sinne , but yet with this limitation , that the subjects should not resist this power . . he must prove that israel was to give their male-child●en to pharaohs butchers , for to hide them , was to resist a royall power , and to disobey a royall power given of god , is to disobey god. . the subjects may not resist the kings butchers coming to kill them , and their male-children , for to resist the servant of the king in that , wherein he is a servant , is to resist the king , sam. . . pet. . . rom. . . . he must prove that upon the supposition , that israel had been as strong as pharaoh and his people ; that without gods speciall commandment ( they then wanting the written word ) they should have fought with pharaoh ; and that we now for all wars , must have a word from heaven , as if we had not gods perfit will in his word , as at that time israel behoved to have in all wars , judg. . . sam. . . esa. . . iere. . . king. . . sam. . . iudg. . . sam. . . sam. . . chron. . . but because god gave not them an answer to fight against pharaoh , therefore we have no warrant now to fight ag●inst a forraign nation , invading us ; the consequence is null , and therefore this is a vain argument , the prophets never reprove the people for not performing the duty of defensive wars against tyra●nous kings . ergo ▪ there is no such dutie enjoyned by any law of god to us ; for the prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies ; but where god gave a speciall command , and responce , from his own oracle , that they should fight : and if god was pleased never to command the people to rise against a tyrannous king , they did not sin where they had no commandment of god : but i hope we have now a more sure word of prophecie to inform us . . the prelate conjectureth moses his mira●les , and the deliverance of the people , by dividing the red sea , was to forbid , and condemn , defensive wars of people against their king ; but he hath neither scripture , nor reasons to do it . the end of these miracles , was to seal to pharaoh the truth of gods calling of moses and aaron , to deliver the people , as is clear , exod. . , , , . compared with chap. . vers . , , . and that the lord might get to himself a name on all the earth , rom. . . exod. . . and . , . and . , , . & seq . but of the prelates conjecturall end , the scripture is silent , and we cannot take an excommunicated mans word . what i said of pharaoh , who had not his crown from israel , that i say of nebuchadnezzar , and the kings of persia , keeping th● people of god captive . p. prelate . so in the book of the judge● , when the people were delivered over to the hand of their enemies , because of their sins ; h● never warranted the ordinary iudges , or communitie , to be their own deliverers , but when they repented , god raised up ● iudge . the people had no hand in their own deliverance out of babylon , god effected it by cyrus , immediately and totally . is not this a reall proof , god will not have inferiour iudges , to rectifie what is amisse ; but we must waite in patience till god provide lawfull means , some soveraign power immediately sent by himself , in which course of his ordinary providence , he will not be deficient . answ. all this is beside the question , and proveth nothing lesse , then that peers and communitie , may not resume their power to curbe an arbitrary power : for in the first case , there is neither arbitrary , nor lawfull supreme iudge . . if the first prove any thing , it proveth , that it was rebellion in the inferiour iudges ▪ and communitie of israel , to fight against forraign kings , not set over them by god ; and that offensive wars against any kings whatsoever , because they are kings , though strangers , are unlawfull . let socinians and anabaptists consider , if the p. prelate help not them in this , and may prove all wars to be unlawfull . . he is so malignant to all inferiour iudges , as if they were not powers sent of god , and to all governours , that are not kings , and so upholders of prelates , and of himself as he conceiveth , that by his arguing , he will have all deliverance by kings onely , the onely lawfull means in ordinary providence : and so aristocracy and democracy except in gods extraordinary providence , and by some divine dispensation must be extraordinary , and ordinarily unlawfulh . the acts of a state , when a king is dead , and they choos● another , shall be an anticipating of gods providence . . if the king be a childe , a captive , or distracted , and the kingdom oppressed with malignants , they are to waite , while god immediately from heaven , create a king to them , as he did saul long ago . but have we now kings immediately sent as saul was ? . how is the spirit of prophecie and government infused in them , as in king saul ? or are they by propheticall inspiration , anointed as david was : i conceive their calling to the throne on gods part , do differ as much from the calling of saul and david , in some respect , as the calling of ordinary pastors , who must be gifted by industry and learning , and called by the church , and the calling of apostles . . god would deliver his people from babylon , by moving the heart of cyrus immediately , the people having no hand in it , not so much as supplicating cyrus . ergo , the people and peers who made the king , cannot curb his tyrannicall power , if he make captives and slaves of them , as the kings of chaldea made slaves of the people of israel . what ? because god useth another mean. ergo , this mean is not lawfull . it followeth in no sort ; if we must use no means , but what the captive people did under cyru● , we may not lawfully flie , nor supplicate , for the people did neither . p. prelate . you read of no covenant in scripture made without the king , exod. . moses king of iesurum : neither tables nor parliament framed it . joshua another , iosh. . and asa , chron. . and chron. . and ezra . the covenant of iehojada in the non-age of ioash , was the high priests act , as the kings governour . there is a covenant with hell , made without the king , an● a false covenant , hos. . , . answ. we argue this negatively ; this is neither commanded , nor practised , nor warranted by promise . ergo , it is not lawfull . but this is not practised in scripture : ergo , it is not lawfull . it followeth it . shew me in scripture the killing of a goaring ox who killed a man ; the not making battlements on an house ; the putting to death of a man lying with a beast ; the killing of seducing prophets , who tempted the people to go a whoring , and serve another god , then jehovah : i mean , a god made by the hand of the baker , such a one as the excommunicated prelate is known to be , who hath preached this idolatry in three kingdoms , yet deut. . this is written , and all the former laws are divine precepts ; shall the precept make them all unlawfull , because they are not practised by some in scripture ? by this ? i ask , where read yee , that the people entered in a covenant with god , not to worship the golden image , and the king ; and these who pretend they are the priests of iehovah , the church-men and pelates refused to enter in covenant with god ? by this argument , the king and prelates in non-practising with us , wanting the precedent of a like practice in scripture , are in the fault . . this is nothing to prove the conclusion in question . . all these places prove it is the kings dutie , when the people under him , and their fathers , have corrupted the worship of god , to renew a covenant with god , and to cause the people to do the like , as moses , asa , iehoshaphat did● . if the king refuse to do his dutie , where is it written . that the people ought also to omit their dutie , and to love to have it so , because the rulers corrupt their wayes , ierem. . ? to renew a covenant with god , is a point of service due to god , that the people are obliged unto ; whether the king command it , or no. what if the king command not his people to serve god ; or , what if he forbid daniel to pray to god ? shall the people in that case serve the king of kings , onely at the nod , and royall command of an earthly king ? clear this from scripture . . ezra ch . . had no commandment in particular from artaxerxes king of persia , or from darius , but a generall , that ezr. . . whatsoever is commanded by the god of heaven , let it be diligently done for the house of the god of heaven : but , the tables in scotland , and the two parliaments of england and scotland , who renewed the covenant , and entered in covenant not against the king ( as the p. p. saith ) but to restore religion to its ancient puritie , have this expresse law from king james and king charles both , in many acts of parliament , that religion be kept pure . now as artaxerxes knew nothing of the covenant , and was unwilling to subscribe it , and yet gave to ezra and the princes a warrant in generall , to do all that the god of heaven required to be done ▪ for the religion , and house of the god of heaven , and so a generall warrant , for a covenant without the king ; and yet ezra , and the people , in swearing that covenant ▪ failed in no dutie against their king : to whom , by the fifth commandment , they were no lesse subject then we are to our king , just so we are , and so have not failed ; but they say , the king hath committed to no lievtenant and deputie under him , to do what they please in religion , without his royall consent in particular , and the direction of his clergy , seeing he is of that same religion with his people ; whereas artaxerxes was of another religion , then were the iews , and their governour . answ. nor can our king take on himself , to do what he pleaseth , and what the prelates ( amongst whom these who ruled all , are known before the world and the sun , to be of another religion , then we are ) pleaseth in particular . but see what religion and worship the lord our god , and the law of the land ( which is the kings revealed will ) alloweth to us , that we may swear , though the king should not swear it ; otherwayes , we are to be of no religion , but of the kings , and to swear no covenant , but the kings , which is to joyn with papists against protestants . . the strangers of ephraim and manasseh , and out of simeon fell out of israel in abundance to asa , when they saw that the lord his god was with him , chron. . , . and sware that covenant without their own kings consent , their own king being against it ; if a people may swear a religious covenant , without their king , who is averse thereunto , far more may the nobles , peers , and estates of parliament do it without their king : and here is an example of a practise , which the p. prelate requireth . . that jehojadah was governour and vice-roy , during the non-age of joash , and that by this royall authoritie the covenant was sworn , is a dream , to the end he may make the pope , and the arch-prelate , now vice-royes and kings , when the throne varieth . the nobles were authors of the making of that covenant , no lesse then iehojadah was ; yea , and the people of the land , when the king was but a childe , went unto the house of baal , and brake down his images , &c. here is a reformation made without the king by the people . . grave expositors say , that the covenant with death and hell , esay . was the kings covenant with egypt . . and the covenant , hos. . is by none exponed of a covenant made without the king. i heard say , this prelate preaching on this text before the king , exponed it so , but he spake words ( as the text is ) falsly . the p. prelate , to the end of the chapter , giveth instance of the ill-successe of popular reformation , because the people caused aaron to make a golden calf , and they revolted from rehoboam to ieroboam , and made two golden calves , and they conspired with absolom against david . answ. if the first example make good any thing , neither the high-priest , as was aaron , nor the p. prelate , who claimeth to be descended of aarons house , should have any hand in reformation at all , for aaron erred in that ; and to argue from the peoples sins , to deny their power , is no better then to prove achab , ieroboam , and many kings in israel and judah , committed idolatry . ergo , they had no royall power at all . in the rest of the chapter , for a whole page , he singeth over again his mattens in a circle , and giveth us the same arguments we heard before ; of which you have these three notes ; . they are stoln , and not his own . . repeated again and again to fill the field . . all hang on a false supposition , and a begging of the question : that the people without the king , have no power at all . quest . xxvii . whether or no the king be the sole supreme and finall interpreter of the law ? this question conduceth not a little to the clearing of the doubts concerning the kings absolute power , and the supposed sole nomothetick power in the king. and i thinke it not unlike to the question , whether the pope and romish church havt a sole and peremptory power of exponing lawes , and the word of god ? we are to consider that therr is a twofold exposition of lawes , one speculative in a schoole way , so exquisite iurists have a power to expone lawes . . practicall , in so farre as the sense of the law falleth under our practice , and this is twofold ; either private and common to all , or judiciall and proper to iudges , and of this last is the question . for this publicke , the law hath one fundamentall rule , salus populi , like the king of planets the sunne , which lendeth star-light to all lawes , and by which they are exponed ; whatever interpretation swarveth either from fundamentall lawes of policy , or from the law of nature , and the law of nations , and especially from the safety of the publick , is to be rejected as a perverting of the law : and therefore , conscientia humani generis , the naturall conscience of all men , to which the oppressed people may appeale unto , when the king exponeth a law unjustly , at his owne pleasure , is the last rule on earth , for exponing of lawes . nor ought lawes to be made so obscure , as an ordinary wit cannot see their connexion with fundamentall truths of policy , and the safety of the people , and therefore i see no inconvenience , to say that , the law it selfe is norma & regula juduicandi , the rule and directory to square the iudge , and that the iudge is the publicke practicall ▪ interpreter of the law ▪ assert . . the king is not the sole and finall interpreter of the law. . because then inferiour iudges should not be interpreters of the law , but inferiour iudges are no lesse essentially iudges , then the king● deut. . . chron. . . pet. . . rom. . , . and so by office must interpret the law , else they cannot give sentence according to their conscience and equity , now exponing of the law judicially is an act of judging , and so a personall and incommunicable act , so as i can no more judge and expone the law according to another mans conscience , then i can beleeve with another mans soule , or understand with another mans understanding , see with another mans eye : the kings pleasure therefore cannot be the rule of the inferiour iudges conscience , for he giveth an immediate accompt to god the iudge of all , of a just or an unjust sentence . suppone caesar shall expone the law to pilate , that christ deserveth to dye the death , yet pilate is not in conscience to expone the law so . if therefore inferiour iudges judge for the king , they judge only by power borrowed from the king , not by the pleasure , will , or command of the king thus and thus exponing the law , ergo the king cannot be the sole interpreter of the law. . if the lord say not to the king only , but also to other inferiour iudges , be wise , understand , and the cause that you know not , search out ; then the king is not the only interpreter of the law. but the lord saith not to the king only , but to other iudges also , be wise , understand , and the cause that you know not search out , ergo the king is not the sole law-giver . the major is cleare from ps. . . be wise now therefore , o yee kings , be instructed yee iudges of the earth . so are commands and rebukes for unjust judgement given to others then to kings , ps. . , , , , . ps. . , . esay . , ▪ . esay . . see iob. . , , , . c. . v. . . , the king is either the sole interpreter of law , in respect ▪ he is to follow the law as his rule , and so he is a ministeriall interpreter of the law , or he is an interpreter of the law according to that super-dominion of absolute power , that he hath above the law. if the former be holden , then it is cleare that the king is not the only interpreter , for all iudges , as they are iudges , have a ministeriall power to expone the law by the law : but the second is the sense of royalists . hence our second assertion is , that the kings power of exponing the law , is a meere ministeriall power , and he hath no dominion of any absolute royall power , to expone the law as he will , and to put such a sense and meaning of the law as he pleaseth . . because saul maketh a law , sam. . . cursed be the man that tasteth any food till night , that the king may be avenged on his enemies , the law according to the letter was bloudy , but according to the intent of the law-giver , and substance of the law profitable , for the end was that the enemies should be pursued with all speed . but king sauls exponing the law after a tyrannicall way , against the intent of the law , which is the diamond and pearle of all lawes , the safety of the innocent people , was justly resisted by the people , who violently hindered innocent jonathan to be killed . whence it is cleare , that the people and princes put on the law its true sense and meaning , for ionathans tasting of a little honey , though as it was against that sinfull and precipitate circumstance a rash oath , yet it was not against the substance and true intent of the law , which was the peoples speedy pursuite of the enemy . whence it is cleare , that the people including the princes , hath a ministeriall power to expone the law aright , and according to its genuine intent , and that the king as king hath no absolute power to expone the law as he pleaseth . . the kings absolute pleasure can no more be the genuine sense of a just law , then his absolute pleasure can be a law , because the genuine sense of the law is the law it selfe , as the formall essence of a thing differeth not really , but in respect of reason from the thing it selfe . the pope and romish church cannot put on the scripture , ex plenitudine potestatis , what ever meaning they will , no more then they can , out of absolute power , make canonicke scripture . now so it is , that the king by his absolute power cannot make law no law. . because he is king by , or according to law , but he is not king of law. rex est rex secundum legem , sed non est dominus & rex legis . . because although it have a good meaning , which vlpian saith , quod principi placet legis vigorem habet the will of the prince is the law , yet the meaning is not that any thing is a just law , because it is the princes will , for its rule formally : for it must be good and just before the prince can will it , and then he finding it so , he puteth the stampe of a humane law on it ▪ . this is the difference between gods will , and the will of the king , or any mortall creature . things are just and good , because god willeth them , especially things positively good ( though i conceive it hold in all things ) and god doth not will things , because they are good and just ; but the creature , be he king , or any never so eminent , doe will things , because they are good and just , and the kings willing of a thing , maketh it not good and just : for only gods will , not the creatures will , can be the cause why things are good and just . if therefore it be so , it must undeniably hence follow , that the kings will maketh not a just law to have an unjust and bloody sense : and he cannot , as king , by any absolute super-dominion over the law , put a just sense on a bloody and unjust law. . the advancing of any man to the throne and royall dignitie , putteth not the man above the number of rationall men : but no rationall man can create , by any act of power , never so transcendent or boundlesse , a sense to a law , contrary to the law. nay , give me leave to doubt if omnipotencie can make a just law to have an unjust and bloody sense , aut contra : because it involveth a contradiction ; the true meaning of a law , being the essentiall forme of the law. hence judge what bruitish , swinish flatterers they are , who say , that it is the true meaning of the law , which the king , the only supreme and independent expositor of the law , saith is the true sense of the law. there was once an animal , a foole of the first magnitude , who said , he could demonstrate by invincible reasons , that the kings dung was more nourishing food , then bread of the floore of the finest wheat . for my part , i could wish it were the demonstrators only food for seven dayes ; and that should be the best demonstration he could make for his proofe . . it must follow , that there can be no necessitie of written laws to the subjects ; against scripture , and naturall reason , and the law of nations , in which all accord , that lawes not promulgated and published , cannot oblige as lawes : yea , adam , in his innocencie , was not obliged to obey a law not written in his heart by nature , except god had made known the law ; as is cleare , gen. . . hast thou eaten of the tree whereof i commanded thee that thou shouldest not eat ? but if the kings absolute will may put on the law what sense he pleaseth , out of his independent and irresistable supremacie ; the lawes promulgated and written to the subjects , can declare nothing , what is to be done by the subjects , as just , and what is to be avoyded as unjust : because the lawes must signifie to the subjects , what is just , and unjust , according to their genuine sense . now , their genuine sense , according to royalists , is not only uncertaine and impossible to be known , but also contradictorious : for the king obligeth us without gainsaying , to believe that the just law hath this unjust sense . hence this of flattering royalists , crueller to kings , than ravens , ( for these ear but dead men , and they devoure living men ) when there is a controversie between the king and the estates of parliament , who shall expone the law , and render its native meaning ? ( say royalists ) not the estates of parliament , for they are subjects , not iudges to the king , and only counsellers and advisers of the king. the king therefore must be the only judiciall and finall expositor . as for lawyers ( said strafford ) the law is not inclosed in a lawyers cap. but i remember this was one of the articles laid to the charge of richard the second , that he said , the law was in his head and breast . and indeed it must follow , if the king , by the plenitude of absolute power , be the only supreme , uncontrollable expositor of the law , that is not law which is written in the acts of parliament , but that is the law which is in the kings breast and head : which iosephus , lib. . antiq. c. . objected to caius . and all justice , and injustice should be finally and peremptorily resolved on the kings will and absolute pleasure . . the king either is to expone the law by the law it selfe ; or , by his absolute power loosed from all law , he exponeth it ; or according to the advise of his great senate . if the first be said , he is nothing more then other iudges . if the second be said , he must be omnipotent , and more . if the third be said , he is not absolute , if the senate be only advisers , and he yet the only iudiciall expositor . the king often professeth his ignorance of the lawes ; and he must then both be absolute above the law , and ignorant of the law , and . the sole and finall iudiciall exponer of the law : and by this , all parliaments , and their power of making lawes , and of judging , i● cryed down . they object , prov. . . a divine sentence is in the lips of the king , his mouth transgresseth not in judgement , ergo , he only can expone the law. ans. . lavater saith , ( and i see no reason on the contrary ) by a king , he meaneth all magistrates . . aben ezra , and isidorus read the words imperatively . the tigurine version : they are oracles which proceed from his lips : let not therefore his mouth transgresse in judgement . vatabulus : when he is in his prophecies , he lyeth not . iansenius : non facile errabit in judicando . mich. iermine : if he pray . calvine : if he read in the booke of the law , as god commandeth him , deut. . but why stand we on the place ? he speaketh of good kings , saith cornel , à lapide . otherwise , ieroboam , achab , manasseh , erred in judgement . and except , ( as mercerus exponeth it ) we understand him to speake of kings according to their office , not their facts and practice , we make them popes , and men who cannot give out grievous and unjust sentences on the throne : against both the word , and experience . object . . sometimes all is cast upon ou● mans voice , why may not the king be this one man ? answ. the antecedent is false , the last voter in a senate , is not the sole iudge , else why should others give suffrages with him . . this were to take away inferiour iudges , contrary to gods word , deut. . . chron. . , . rom. . , , . quest . xxviii . whether or no , wars raised by the subjects and estates , for their own just defence against the kings bloody emissaries , be lawfull ? a ruisaeus perverteth the question ; he saith , the question is , whether or no , the subjects may according to their power , judge the king , and dethrone him ; that is , whether or no , is it lawfull for the subjects in any case , to take arms against their lawfull prince , if he degenerate , and shall wickedly use his lawfull power ? the state of the question is much perverted , for these be different questions , whether the kingdom may dethrone a wicked and tyrannous prince ? and whether may the kingdom take up arms against the man who is the king , in their own innocent defence : for the former is an act offensive , and of punishing , the latter is an act of defence . . the present question is not of subjects onely , but of the estates , and parliamentary lords of a kingdom ; i utterly deny these as they are iudges , to be subjects to the king ; for the question is , whether is the king , or the representative kingdom greatest , and which of them be subject one to another : i affirm , amongst iudges as iudges , not one is the commander or superiour , and the other , the commanded or subject . indeed , one higher iudge may correct and punish a iudge , not as a iudge , but as an erring man. . the question is not so much concerning the authoritative act of war , as concerning the power of naturall defence , upon supposition , that the king be not now turned an habituall tyrant , but that upon some acts of mis-information , he come in arms against his subjects . . arnisaeus maketh two sort of kings , some kings integra majestatis , of intire power and soveraignty ; some kings by pactions or voluntary agreement , between king and people . but i judge this a vain distinction : for the limited prince , so he be limited to a power onely of doing just and right ; by this is not a prince integrae majestatis of entire royall majestie , whereby he may do both good , and also play the tyrant ; but a power to do ill , being no wayes essentiall , yea , repugnant to the absolute majestie of the king of kings , cannot be an essentiall part of the majestie of a lawfull king ; and therefore the prince limited by voluntary and positive paction onely , to rule according to law and equity , is the good , lawfull , and entire prince , if he have not power to do every thing just and good in that regard , onely he is not an intire and compleat prince . so the man will have it lawfull to resist the limited prince , not the absolute prince ; by the contrary , it is more lawfull to me to resist the absolute prince , then the limited , in as much , as we may with safer consciences resist the tyrant , and the lyon , then the just prince and the lamb. nor can i assent to cunnerus de officio princip . christia . c. . & . who holdeth , that these voluntary pactions betwixt king and people , in which the power of the prince is diminished , cannot stand , because their power is given to them by gods word , which cannot be taken from them , by any voluntary paction , lawfully ; and from the same ground , winzetus in v●lit . contr . buchan . p. . will have it unlawfull to resist kings , because god hath made them unresistable . i answer , if god by a divine institution make kings absolute , and above all laws ( which is a blasphemous supposition , the holy lord can give to no man a power to sin , for god hath not himself any such power ) then the covenant betwixt the king and people , cannot lawfully remove and take away what god by institution has given ; but because god , deut. . hath limited the first lawfull king , the mould of all the rest , the people ought also to limit him by a voluntary covenant ; and because the lawfull power of a king to do good , is not by divine institution placed in an indivisible point . it is not a sin for the people to take some power , even of doing good from the king , that he solely , and by himself , shall not have power to pardon an involuntary homicide , without advice , and the judiciall suffrages of the councell of the kingdom , least he , insteed of this , give pardons to robbers , to abominable murtherers , and in so doing , the people robbeth not the king of the power that god gave him as king , nor ought the king to contend for a sole power in himself , of ministring justice to all ; for god layeth not upon kings , burdens unpossible , and god by institution , hath denied to the king , all power of doing all good , because it is his will that other iudges be sharers with the king in that power , num. . . deut. . , , , . pet. . . rom. . , , , . and therefore the duke of venice to me cometh neerest to the king , moulded by god , deut. . in respect of power , de jure , of any king i know in europe . and in point of conscience , the inferiour iudge discerning a murtherer , and bloody man to die , may in foro conscientiae , despise the kings unjust pardon , and resist the kings force by his sword and coactive power that god hath given him , and put to death the bloody murtherer , and he sinneth , if he do not this ; for to me it is clear , the king cannot judge so justly and understandingly of a murtherer in scotland , as a iudge , to whom god hath committed the sword in scotland : nor hath the lord laid that unpossible burden on a king to judge so of a murther four hundreth miles , removed from the king , as the iudge nearer to him , as is clear by num. . . sam. . , , . the king should go from place to place , and judge ; and whereas it is unpossible to him , to go thorow three kingdoms , he should appoint faithfull iudges , who may not be resisted , no not by the king. . the question is , if the king command a. b. to kill his father , his pastour ; the man neither being cited nor convicted of any fault , may lawfully be resisted . . queritur , if in that case in which the king is captived , imprisoned , and not sui juris , and awed or over-awed by bloody papists , and so is forced to command a barbarous and unjust war ; and if being distracted physically or morally through wicked counsell , he command that which no father in his sober wits would command , even against law and conscience , that the sons should yeild obedience and subjection to him , in maintaining with lives and goods , a bloody religion , and bloody papists : if in that case , the king may not be resisted in his person , because the power lawfull and the sinfull person cannot be separated ? we hold the king using , contrary to the oath of god , and his royall office , violence in killing against law and conscience his subjects , by bloody emissaries , may be resisted by defensive wars , at the commandment of the estates of the kingdom . but before i produce arguments , to prove the lawfulnesse of resistance , a little of the case of resistance . . doct. ferne , part . . sect . . pag. . granteth resistance by force to the king to be lawfull . . when the assault is sudden . . without colour of a law , and reason . . inevitable . but if nero burn rome , he hath a colour of law and reason ; yea , if all rome , and his mother , in whose womb he lay , were one neck . a man who will with reason go mad , hath colour of reason , and so of law , to invade and kill the innocent . . arnisaeus saith , if the magistrate proceed extra-judicialiter , without order of law by violence , the laws giveth every private man power to resist , if the danger be irrecoverable ; yea , though it be recoverable . l. prohibitum , c. de jur . fisc . l. quemadmodum . . § . magistratus ad l. aquil. l. nec magistratibus , . de injur . because while the magistrate doth against his office , he is not a magistrate , for law and right , not injury , should come from the magistrate . l. meminerint . . c. unde vi . yea , if the magistrate proceed judicially , and the losse be irrecoverable . jurists say , that a private man hath the same law to resist , marantius , dis . . n. . and in a recoverable losse , they say , every man is holden to resist , si evidenter constet de iniquitate ; if the iniquity be known to all , d. d. iason . n. . dec . n. . ad l. ut vim de just . & jur . . i would think it not fit , easily to resist the kings unjust exactors of custome or tribute ; . because christ payed tribute to tiberius caesar , an unjust usurper , though he was free from that , by gods law , least he should offend . . because we have a greater dominion over goods , then over our lives and bodies ; and it is better to yield in a matter of goods , then to come to arms ; for of sinlesse evils , we may choose the least . . a tyrant without a title may be resisted by any private man. quia licet vim vi repellere ; because we may repell violence by violence , yea , he may be killed . vt l. & vim . f. de iustit . & jure , ubi plene per omnes . vasquez , l. . c. . n. . barcla . contra . monarcho ▪ l. ▪ c. . pag. . for the lawfulnesse of resistance in the matter of the kings unjust invasion of life and religion , we offer these arguments . . that power which is obliged to command and rule justly and religiously , for the good of the subjects , and is only set over the people on these conditions , and not absolutely , cannot tye the people to subjection without resistance , when the power is abused to the destruction of lawes , religion , and the subjects . but all power of the law is thus obliged , rom. . . deut. . vers . , , . chron. . . ps. . , . ps. . , . sam. . . ier. . , . and hath , and may be abused by kings , to the destruction of lawes , religion , and subjects . the proposition is cleare , for the powers that tye us to subjection , only are of god. . because to resist them , is to resist the ordinance of god. . because they are not a terrour to good workes , but to evill . . because they are gods ministers for our good , but abused powers are not of god , but of men , or not ordinances of god : they are a terrour to good workes , not to evill ; they are not gods ministers for our good . . that power which is contrary to law , and is evill and tyrannicall , can tye none to subjection , but is a meere tyrannicall power and unlawfull ; and if it tye not to subjection , it may lawfully be resisted . but the power of the king abused to the destruction of lawes , religion , and subjects , is a power contrary to law , evill and tyrannicall , and tyeth no man to subjection ; wickednesse by no imaginable reason can oblige any man. obligation to suffer of wicked men , falleth under no commandement of god , except in our saviour . a passion , as such , is not formally commanded , i meane a physicall passion , such as to be killed . god hath not said to me in any morall law , be thou killed , tortured , beheaded ; but only , be thou patient , if god deliver thee to wicked mens hands , to suffer these things . . there is not a stricter obligation morall betwixt king and people , then betwixt parents and children , master and servant , patron and clients , husband and wife , the lord and the vassell ; between the pilot of a ship and the passengers , the physitian and the sick , the doctor and the schollars : but the law granteth l. minime . de relig. & sumpt . funer . if these betray their trust committed to them ▪ they may be resisted ; if the father turne distracted , and arise to kill his sonnes , his sonnes may violently apprehend him , and bind his hands , and spoile him of his weapons : for in that he is not a father , vasquez , lib. . illustr . question . c. . n. . si dominus subditum enormiter & atrociter oneraret , princeps superior vassallum posset ex toto e●imere a sua jurisdictione , & etiam tacente subdito & nihil petente . quid papa in suis decis . parliam . grat . decis . . si quis baro. abutentes dominio privari possunt . the servant may resist the master , if he attempt unjustly to kill him ; so may the wife doe to the husband : if the pilot should wilfully run the ship on a rock to destroy himselfe and his passengers , they might violently thrust him from the helme . every tyrant is a furious man , and is morally distracted , as althusius saith , politi . c. . n. . & seq . . that which is given as a blessing and a favour , and a scrine betweene the peoples liberty and their bondage , cannot be given of god , as a bondage , and slavery to the people . but the power of a king is given as a blessing , and favour of god to defend the poore and needy , to preserve both tables of the law , and to keepe the people in their liberties from oppressing and treading one upon another . but so it is , that if such a power be given of god to a king , by which , actu primo , he is invested of god , to doe acts of tyranny , and so to doe them , that to resist him in the most innocent way , which is selfe defence , must be a resisting of god , and rebellion against the king , his deputy , then hath god given a royall power as incontrollable by mortall men , by any violence , as if god himselfe were immediatly and personally resisted , when the king is resisted , and so this power shall be a power to wast and destroy irresistably , and so in it selfe a plague and a curse ; for it cannot be ordained both according to the intention and genuine formall effect , and intrinsecall operation of the power to preserve the tables of the law , religion and liberty , subjects and lawes , and also to destroy the same ; but it is taught by royalists that this power is for tyranny , as well as for peaceable government , because to resist this royall power put forth in acts either waies , either in acts of tyranny , or just government , is to resist the ordinance of god , as royalists say , from rom. . , , . and we know to resist gods ordinances and gods deputy , formaliter , as his deputy , is to resist god himselfe , sam. . . mat. . . as if god were doing personally these acts , that the king is doing , and it importeth as much as the king of kings doth these acts in , and through the tyrant . now it is blasphemy to thinke or say , that when a king is drinking the blood of innocents , and wasting the church of god , that god , if he were personally present , would commit these same acts of tyranny , ( god would avert such blasphemy ) and that god in , and through the king , as his lawfull deputy , and vicegerent in these acts of tyranny , is wasting the poore church of god. if it be said in these sinfull acts of tyranny , he is not gods formall vicegerent , but only in good and lawfull acts of government , yet he is not to be resisted in these acts , not because the acts are just and good , but because of the dignity of his royall person . yet this must prov● that these who resist the king in these acts of tyranny , must resist no ordinance of god , but only that we resist him , who is the lords deputy , though not as the lords deputy ; what absurd is there in that more then to disobey him , refusing active obedience to him who is the lords deputy , but not as the lords deputy , but as a man commanding , beside his masters warrant ? . that which is inconsistent with the care and providence of god in giving a king to his church , is not to be taught . now gods end in giving a king to his church , is the feeding , safetie , preservation , the peaceable and quiet life of his church , tim. . . esa. . . psal. . . but god should crosse his own end in the same act of giving a king , if he should provide a king , who , by office , were to suppresse robbers , murtherers , and all oppressors and wasters in his holy mount : and yet should give an irresistible power to one crowned lyon , a king , who may kill a thousand thousand protestants for their religion , in an ordinary providence , and they are by an ordinary law of god to give their throats to his emissaries and bloody executioners . if any say , the king will not be so cruell : i beleeve it ; because , actu secundo , it is not possibly in his power to be so cruell . . we owe thanks to his good will , that he killeth not so many ; but no thanks to the nature and genuine intrinsecall end of a king , who hath power from god to kill all these , and that without resistance made by any mortall man. yea , no thanks ( god avert blasphemie ) to gods ordinary providence , which ( if royalists may be beleeved ) putteth no barre upon the illimited power of a man inclined to sinne , and abuse his power to so much crueltie . some may say , the same absurditie doth follow , if the king should turne papist , and the parliament all were papists ; in that case there might be so many martyrs for the truth put to death : and god should put no bar of providence upon this power , then , more then now : and yet in that case , the king and parliament , should be iudges given of god , actu primo , and by vertue of their office obliged to preserve the people in peace and godlinesse . but i answer : if god gave a lawfull officiall power to king and parliament to worke the same crueltie upon millions of martyrs , and it should be unlawfull for them by armes to defend themselves ; i should then think that king and parliament were both ex officio , by vertue of their office , and actu primo , iudges and fathers , and also by that same office , murtherers and butchers . which were a grievous aspersion to the unspotted providence of god. . if the estates of a kingdome give the power to a king , it is their own power in the fountaine ; and if they give it for their own good , they have power to judge when it it used against themselves , and for their evill ; and so power to limit and resist the power that they gave . now that they may take away this power , is cleare in athaliahs case . it is true , she was a tyrant without a title , and had not the right of heaven to the crown ; yet she had , in mens court , a title . for supposing all the seed royall to be killed , and the peoples consent ; we cannot say , that for these sixe yeares , or thereabout , she was no magistrate . . that there were none on the throne of david at this time . . that she was not to be obeyed as gods deputie . but grant that she was no magistrate : yet when iehoash is brougbt forth to be crowned , it was a controversie to the states , to whom the crown should belong . . athaliah was in possession . . iehoash himselfe being but seven yeares old , could not be iudge . . it might be doubted , if ioash was the true sonne of ahaziah , and if he was not killed with the rest of the blood royall . two great adversaries say with us : hugo grotius , de jur . belli & pacis , l. . c. . n. . he saith , he dare not condemne this , if the lesser part of the people , and every one of them indifferently , should defend themselves against a tyrant , ultimo necessitatis praesidio . the case of scotland , when we were blocked up by sea and land , with armes : the case of england , when the king , induced by prelates , first attempted to bring an army to cut off the parliament , and then gathered an army , and fortified yorke , and invaded hull , to make the militia his own , sure is considerable . barclay saith , the people hath jus se tuendi adversus immanem saevitiem . advers . monarchomach . l. . c. . a power to defend themselves against prodigious crueltie . the case of england and ireland , now invaded by the bloody rebels of ireland , is also worthy of consideration . i could cite hoasts more . quest . xxix . whether , in the case of defensive warre , the distinction of the person of the king , as a man , who can commit acts of hostile tyrannie against his subjects : and of the office and royall power that he hath from god , and the people , as a king ; can have place ? before i can proceed to other scripture-proofes for the lawfulnesse of resistance ; this distinction , rejected by royalists , must be cleered . this is an evident and sensible distinction : the king in concreto , the man who is king ; and the king in abstracto , the royall office of the king. the ground of this distinction we desire to be considered from , rom. . we affirme with buchanan , that paul , rom. , speaketh of the office and duty of good magistrates , and that the text speaketh nothing of an absolute king , nothing of a tyrant ; and the royalists distinguish where the law distinguisheth not , against the law , l. pret . . gl . bart. de pub . in rem . and therefore we move the question here , whether or no to resist the illegall and tyrannicall will of the man , who is king , be to resist the king , and the ordinance of god , we say no : nor doe we deny the king , abusing his power in unjust acts , to remaine king , and the minister of god , whose person for his royall office , and his royall office both are to be honoured , reverenced and obeyed . god forbid that we should doe so as the sonnes of belial , imputing to us the doctrine of anabaptists , and the doctrine falsely imputed to wicliffe , that dominion is founded upon supernaturall grace , and that a magistrate being in the state of mortall sin , cannot be a lawfull magistrate ; we teach no such thing . the p. prelate sheweth us his sympathy with papists , and that he buildeth the monuments and sepulchres of the slaine and murthered prophets , when he refusing to open his mouth in the gates for the righteous , professeth he will not purge the witnesses of christ , the waldenses and wicliffe , and husse of these notes of disloyalty , but that these acts proceeding from this roote of bitternesse , the abused power of a king should be acknowledged with obedience active or passive , in these unjust acts , we deny . . assert . it is evident from rom. . that all subjection and obedience to higher powers commanded there is subjection to the power and office of the magistrate in abstracto , or ( which is all one ) to the person using the power lawfully , and that no subjection is due by that text , or any word of god , to the abused and tyrannicall power of the king , which i evince from the text , and from other scriptures . . because the text saith , let every soule be subject to the higher powers . but no powers commanding things unlawfull , and killing the innocent people of god , can be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 higher powers , but in that lower powers . . he that commandeth not what god commandeth , and punisheth and killeth where god is personally and immediatly present , would neither command nor punish , is not in these acts to be subjected unto , and obeyed as a superiour power , though in habit he may remaine a superiour power , for all habituall , all actuall superiority is a formall participation of the power of the most high . . arnisaeus well saith , that of aristotle must be true , it is against nature , that better and worthier men should be in subjection to unworthier , and more wicked men : but in this when magistrates command wickednesse , and killeth the innocent , the non-obeyers eatenus in so far , are worthier the commanders ( whatever they be in habite and in office ) actually , or in these wicked acts are unworthier and inferiour , and the non-obeyers are in that worthier , as being zealous adherents to gods command , and not to mans will. i desire not to be mistaken , if we speake of habituall excellency , godly and holy men as the witnesses of christ in things lawfull , are to obey wicked and infidell kings and emperours , but in that these wicked kings have an excellency in respect of office above them ; but when they command things unlawfull , and kill the innocent , they doe it not by vertue of any office , and so in that they are not higher powers , but lower and weak ones . laertius doth explain aristotle well , who defineth a tyrant by this , that he commandeth his subjects by violence , and arnisaeus condemneth laertius for this , because one tyrannicall action doth no more constitute a tyrant , then one unjust action doth constitute an unjust man. but he may condemne ( as he doth indeed ) for this also covarruvias pract . quest . c. . and vasquez illustr . quest . l. . c. . n● . . . for this is essentiall to a tyrant , to command and rule by violence . if a lawfull prince doe one , or more acts of a tyrant , he is not a tyrant for that , yet his action in that is tyrannicall , and he doth not that as a king , but in that act as a sinfull man , having something of tyrannie in him . . the powers , rom. . . that are , are ordained of god , as their author and efficient ; but kings commanding unjust things , and killing the innocent , in these acts , are but men , and sinfull men ; and the power by which they doe these acts , a sinfull and an usurped power , and so far they are not powers ordained of god , according to his revealed will , which must rule us . now the authoritie and officiall power , in abstracto , is ordained of god , as the text saith , and other scriptures doe evidence . and this polititians doe cleare , while they distinguish betwixt jus personae , and jus coronae , the power of the person , and the power of the crown and royall office . they must then be two different things . . he that resisteth the power , that is , the officiall power , and the king , as king , and commanding in the lord , resisteth the ordinance of god , and gods lawfull constitution , v. . but he who resisteth the man , who is the king , commanding that which is against god , and killing the innocent ; resisteth no ordinance of god , but an ordinance of sin and sathan : for a man commanding unjustly , and ruling tyrannically , hath , in that , no power from god. . they that resist the power and royall office of the king in things just and right , shall receive to themselves damnation , ver . . but they that resist , that is , refuse , for conscience , to obey the man who is the king , and choose to obey god rather then men , as all the martyrs did , shall receive to themselves salvation . and the valiant men , the priests , who used bodily violence against king vzzahs person , and thrust him out of the house of the lord , from offering incense to the lord , which belonged to the priest only : received not damnation to themselves , but salvation in doing gods will , and in resisting the kings wicked will. arg. . the lawfull ruler , as a ruler , and in respect of his office , is not to be resisted , because he is not a terrour to good workes , but to evill ; and no man who doth good , is to be afraid of the office , or the power , but to expect praise , and a reward of the same , v. . but the man who is a king , may command an idolatrous and superstitious worship , send an army of cut-throats against them , because they refuse that worship : and may reward papists , prelates , and other corrupt men , and may advance them to places of state and honour , because they kneele to a tree-altar , pray to the east , adore the letters and sound of the word [ jesus ] teach and write arminianisme : and may imprison , deprive , confine , cut the eares , and rip the noses , and burne the faces of those who speake , and preach , and write the truth of god : and may send armies of cut-throats , irish rebels , and other papists , and malignant atheists , to destroy and murther the iudges of the land , and innocent defenders of the reformed religion , &c. the man ( i say ) in these acts , is a terrour to good workes , an incouragement to evill : and those that doe good , are to be afraid of the king , and to expect no praise , but punishment and vexation from him ; ergo , this reason in the text will prove that the man , who is the king , in so far as he doth these things that are against his offi●e , may be resisted ; and that in these we are not to be subject , but only we are to be subject to his power and royall authori●ie , in abstracto , in so farre as according to his office , he is not a terrour to good workes , but to evill . . the lawfull ruler is the minister of god , or the servant of god , for good to the commonwealth : and to resist the servant in that wherein he is a servant , and using the power that he hath from his master , is to resist the lord his master , v. . but the man who is the king , commanding unjust things , and killing the innocent ; in these acts ▪ is not the minister of god , for the good of the commonwealth : he serveth himselfe , and papists and prelates , for the destruction of religion , lawes and commonwealth : therefore the man may be resisted , by this text , when the office and power cannot be resisted . . the ruler , as the ruler , and the nature and intrinsecall end of the office is , that he beare gods sword , as an avenger to execute wrath on him that doth evill , v. . and so cannot be resisted without sinne . but the man who is the ruler , and commandeth things unlawfull , and killeth the innocent ; carieth the papists and prelates sword , to execute , not the righteous judgement of the lord , upon the ill-doer ; but his own private revenge , upon him that doth well : ergo , the man may be resisted , the office may not be resisted : and they must be two different things . . we must needs be subject to the royall office , for ●onscience , v. . by reason of the fifth commandement . but we must not needs be subject to the man who is king , if he command things unlawfull : for d. ferne warranteth us to resist , if the ruler invade us sodainly ; . without colour of law or reason ; . vnavoydably . and winzetus , and barclay , and grotius , as before i cited , give us leave to resist a king , turning a cruell tyrant . but paul , rom. . forbiddeth us to resist the power , in abstracto ; ergo , it must be the man , in concreto , that we must resist . . those we may not resist , to whom we owe tribute , as a reward of the onerous worke , on which they , as ministers of god , doe attend continually . but we owe not tribute to the king as a man ; for then should we be addebted tribute to all men : but as a king , to whom the wages of tribute is due , as to a princely workman , a king as a king : ergo , the man and the king are different . . we owe fear and honour as due , to be rendred to the man who is king , because he is a king , not because he is a man ; for it is the highest feare and honour due to any mortall man , which is due to the king , as king. . the man , and the inferiour judge are different : and we cannot , by this text , resist the inferiour iudge , as a iudge , but we resist the ordinance of god , as the text proveth . but cavaliers resist the inferior iudges as men , and have killed divers members of both houses of parliament : but they will not say , that they killed them as judges , but as rebels . if therefore to be a rebell , as a wicked man , and to be a iudge , are differenced thus : then , to be a man , and to commit some acts of tyrannie ; and to be the supreme iudge and king , are two different things . . mr. knox , hist. of scotland , l. . the congregation , in a letter to the nobilitie , say : there is great difference betwixt the authoritie , which is gods ordinance , and the persons of those who are placed in authoritie . the authoritie , and gods ordinances can never doe wrong ; for it commandeth that vice and wicked men be punished , and vertue , with vertuous men and just . be maintained : but the corrupt person placed in this authoritie , may offend , and most commonly doe contrary to this authoritie : and is then the corruption of man to be followed , by reason that it is clothed with the name of authoritie ? and they give instance in pharaoh and saul , who were lawfall kings , and yet corrupt men. and certainly , the man , and the divine authoritie , differ as the subject and the accident ; as that which is under a law , and can offend god ; and that which is neither capable of law , nor sinne . . the king , as king , is a j●st creature , and by office a living and breathing law : his will , as he is king , is nothing but a just law : but the king , as a sinfull man , is not a just creature , but one who can sinne , and play the tyrant : and his will , as a private sinfull man , is a private will , and may be resisted . so the law saith , the king , as king , can doe no wrong : but the king , as a man , may doe a wrong . while as then the parliaments of both kingdomes resist the kings private will , as a man , and fight against his illegall cut-throats , sent out by him , to d●stroy his native subjects , they fight for him as a king , and obey his publick legall will , which is his royall will , de jure , and while he is absent from his parliaments as a man , he is legally and in his law-power present , and so the parliaments are as legall , as if he were personally present with them . let me answer royalists . the p. prelate saith it is solomons word , by me kings raign . kings in concreto , with their soveraignty , he saith not , by me royalty or soveraignty raigneth . and elsewhere he saith , that barclay saith , paul writing to the romans , keepeth the roman usuall diction in this , who expresse by powers in abstracto , the persons authorized by power , and it is the scriptures dialect ; by him were created thrones , dominions , principalities , that is angels , to say angels , in abstracto , were created , pet. . . they speak ill of dignities , iud. . dispise dominion . that is , they speak ill of cajus , caligula , nero ; our levites rail against the lords anoynted , the best of kings in the world . nero , rom. . . in concreto beareth not the sword in vain . arnisaeus saith it better th●n the prelate , ( he is a witlesse theef . rom. . . the royall power in abstracto , doth not bear the sword , but the person , not the power but the prince himself beareth the sword . and the prelate poor man following doctor fern saith , it s absurd to pursue the kings person with a canon-bullet at edge-hill , and preserve his authority at london , or elsewhere . so saith fern . sect . . pag. . the concret powers here are purposed as objects of our obedience , which cannot be directed , but upon power in some person , for it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the powers that are , are of god , now power cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 existent , but in some person ; and pag. . saith fern , can power in the abstract have praise ? or is tribute payed to the power in the abstract . yea the power is the reason why we yeeld obedience to the person , &c. and the prelate hath as much learning as to coppy out of fern , and barclay , arniseus , and others these words and the like , but hath not wit to adde the sinewes of these authors reason , and with all this he can in his preface call it his own , and provoke any to answer him if they dare , whereas while i answer this excommunicated pamphletter . i answer these learned authors , from which he stealeth all he hath , and yet he must perswade the king , he is the onely man can defend his majesties cause , and the importunity , forsooth , of friends extorted this peece , as if it were a fault , that this delphick oracle ( giving out railings , and lies for responses ) should be silent . . not we onely , but the holy ghost , in terminis , hath this distinction , act. . . and . . we ought to obey god rather then men . them rulers ( for of rulers sitting in judgement is that speech uttered ) commanding and tyrannizing over the apostles , are men contradistinguished from god ; and as they command and punish unjustly , they are but men , otherwise commanding for god , they are gods , and more then men . . from theophylact also , or from chrysostome , on rom. . we have this ; the apostle speaketh not ( say they ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . soveraigntie or royaltie , doth not properly reign or bear the sword , or receive praise , and this accident doth not bear a sword ; nor do we think , or paul speak , rom. . of the abstracted jew of power and royaltie , subsisting out of its subject ; nor dream we , that the naked accident of royall authority , is to be feared and honoured as the lords anointed ; the person or man who is the king , and beareth the crown on his head , and holdeth the scepter in his hand , is to be obeyed ; accidentes are not persons , but they speak non-sense , and like brute beasts , who deny that all the kingly honour due to the king , must be due to him as a king , and because of the royall dignity that god hath given to him , and not because he is a man ; for a pursevants son is a man , and if a pursevants son would usurpe the throne , and take the crown on his head , and the scepter in his hand , and command that all souls be subject to such a superior power , because he is a man , the lawes of scotland would hang a man for a lesse fault , we know : and the p. prelate was wont to edifie women , and converted souls to christ , with such a distinction as objectum quod , and objectum quo , in the pulpits of edenburgh , and it hath good use here , we never took abstract royalty to be the king. the kings of scotland of old were not second notions , and we exclude not the person of the king , yet we distinguish with leave of the p. prelate betwixt the person in linea physica , we must take ( physica ) largly heer and in linea morali , obedience , fear , tribute , honour is due to the person of the king , and to the man who is king , not because of his person , or because he is a man ( the p. prelate may know in what notion , we take the name ( person ) but because god by the peoples election , hath exalted him to royall dignity , and for this cause illdoers are to subject their throats and necks to the sword of the lords annoynteds executioner or hangman with patience , and willingly , because in taking away the head of ill doers , for ill doing , he is acting the office of the lord , by whom he raigneth ; but if he take away their heads , and send out the long-tusked vultures and boares of babylon , the irish rebells to execute his wrath , as he is in that act a mis-informed man , and wanteth the authority of gods law , or mans law , he may be resisted with armes . for . if royalists say against this , then if a king turne an habituall tyrant , and conduce an hundred thousand turkes to destroy his subjects upon meere desire of revenge , they are not to resist , but to be subject , and suffer for conscience . i am sure grotius saith , if a king sell his subjects , he loseth all title to the crowne , and so may be resisted , and winzetus saith , a tyrant may be resisted , and barclay , it is lawfull for the people in case of tyranny to defend themselves adversus immanem saevetiam , against extreame cruelty : and i desire the prelate to answer how people are subject in suffering such cruelty of the higher power , because he is gods ordinance , and a power from god , except he say , as he selleth his people , and barbarously destroyeth by cut-throat irishes , his whole subjects refusing to worship idolls , he is a man and a sinfull man , eatenus , and an inferiour power inspired by wicked counsell , not a king , eatenus , not a higher power , and that in resisting him thus , the subjects resist not the ordinance of god. also suppone king david defend his kingdome and people against iesse his naturall father , who we suppose cometh in against his sonne and prince , king david , with a huge army of the philistimes , to destroy him and his kingdome , if he shall kill his owne native father , in that warr at some edge-hill , how shall he preserve at ierusalem that honour , & love that he oweth to his father , by vertue of the fifth commandement , honour thy father and thy mother , &c. let them answer this , except king david consider iesse in one relation , in abstracto , as his father , whom he is to obey , and as he is a wicked man , and a perfidious subject , in another relation , and except king david say , he is to subject himselfe to his father as a father , according to the fifth commandement , and that in the act of his fathers violent invasion , he is not to subject himselfe to him , as he is a violent invader , and as a man. let the royalist see how he can answer the argument , and how levie is not to know his father and mother as they are sinfull men , deut. . . and yet to know and honour them as parents ; and how an israelite is not to pitty the wife that lyeth in his bosome , when she inticeth him to goe a whooring after strange gods , but is to kill her , deut. . , , . and yet the husband is to love the wife as christ loved his church , eph. . . if the husband take away his wives life in some mountaine in the holy land , as gods law commandeth , let the royalists answer us , where is then the maritall love he owes to her , and that respect due to her as she is a wife and a helper . but let not the royalist infer , that i am from these examples pleading for the killing of kings , for lawfull resistance is one thing , and killing of kings is another ; the one defensive and lawfull , the other offensive and unlawfull , so long as he remaineth a king , and the lords anoynted : but if he be a murtherer of his father , who doth counsell his father to come to a place of danger , where he may be killed , and where the king ought not to be , as abner was worthy of death , who watched not carefully king saul , but slept when david came to his bed side , and had opportunity to kill the king , they are traitors and murtherers of the king , who either counselled his majesty to come to edge-hill , where the danger was so grett , or did not violently restraine him from comming thither , seeing kings safety and lives are as much , yea more in the disposing of the people then in their owne private will , sam. . , . for certainly the people might have violently restrained king saul from killing himselfe , and the king was guilty of his own death , and sinneth against his office and subjects , who commeth out in person to any such battles where he may be killed , and the contrary party free of his blood . and here our prelate is blind , if he see not the cleare difference between the kings person , and the office as he is king , and between his private will , and his publicke and royall will. . the angels may be named thrones and dominions in abstracto , and yet created , in concreto , and we may say the angell and his power are both created at once ; but david was not both borne the son of iesse , and a king at once : and the p. prelate , by this may prove it is not lawfull to resist the divell ( for he is of the number of these created angells , col. . ) as he is a divell , because in resisting the divell as a divell , we must resist an angell of god , and a principality . . to speake ill of dignities , pet. . and iud. . piscator insinuateth is , to speake evill of the very office of rulers , as well as of their manners ▪ and theodat . saith , on pet. . that these raylers spake evill of the place of governours and masters , as unbeseeming beleevers . all our interpreters , as beza , calvin , luther , bucer , marloratus from the place saith , it is a speciall reproofe of anabaptists and libertines , who in that time maintained , that we are all free men in christ , and that there should not be kings , masters , nor any magistrates ; however the abstract is put for the concrete , its true , and it saith we are not to raile upon nero , but to say nero was a persecutor of christians , and yet obey him commanding what is just , are very consistent . . the persons are proposed , rom. . to be the object of our obedience , saith d. ferne , it is very true ; but he is ignorant of our mind in exponing the word person : we never meant that feare , honour , royalty , tribute , must be due to the abstracted accident of kingly authority , and not to the man who is king. nor is it our meaning that royalty in abstracto is crowned king , and is anoynted , but that the person is crowned and anoynted . but againe by a person we meane nothing lesse then the man nero wasting rome , burning , crucifying paul , and torturing christians , and that we owe subjection to nero , and to his person in concreto as to gods ordinance , gods minister , gods sword-bearer in that notion of a person ; is that only that we deny . nay in that nero in concreto to us , is no power ordained of god , no minister of god , but a minister of the divell , and sathans armour-bearer , and therefore we owe not feare , honour , subjection , and tribute to the person of nero. but the person thus far is the object of our obedience ; that feare , honour , subjection , and tribute must be due to the man in concreto , to his person who is prince ; but not because he is a man , or a person simply , or a sword-bearer of papists , but for his office , for that eminent place of royall dignity that god hath conferred on his person . we know the light of the sun , the heate of fire , in abstracto , doe not properly give light and heat , but the sun and fire , in concreto ; yet the principium quo , ratio qua , the principles of these operations in sun and fire be light & heate , and we ascribe illuminating of dark bodies , heating of cold bodies to sun and fire in concreto , yet not to the subjects simply , but to them as affected with such accidents : so here we honour and submit to the man who is king , not because he is a man , that were treason ; not because he useth his sword against the church , that were impiety : but because of his royall dignity , and because he useth it for the lord. it is true , arnisaeus , barclay , ferne , say , that kings leave not off to be kings , when they use their power and sword against the church and religion . and also it is considerable , that when the worst of emperors bloody nero did raigne , the apostle presseth the duty of subjection to him , as to a power appointed of god , and condemneth the resisting of nero , as the resisting of an ordinance of god. and certainely if the cause and reason in point of duty-morall , and of conscience before god remaine in kings , to wit , that while they are enemies and persecutors as nero was ▪ their royall dignity given them of god remaineth , then subjection upon that ground is lawfull , and resistance unlawfull . ans. it is true so long as kings remaine kings , subjection is due to them because kings , but that is not the question . but the question is , if subjection be due to them , when they use their power unlawfully and tyrannically . what ever david did , though he was a king , he did it not as king , he deflowred not bathsheba as king , and bathsheba might with bodily resistance and violence lawfully have resisted king david , though kingly power , remained in him , while he should thus attempt to commit adultery ; else david might have said to bathshba , because i am the lords anoynted , it is rebellion in thee a subject to oppose any bodily violence to my act of forcing of thee , it is unlawfull to thee to cry for helpe , for if any shall offer violently to rescue thee from me , he resisteth the ordinance of god. subjection is due to nero as an emperour , but not any subjection is due to him in the burning of rome , and torturing of christians , except you say that nero's power abused in these acts of cruelty was , . a power from god. . an ordinance of god. . that in these , he was the minister of god for the good of the common-wealth . because some beleeved christians were free from the yoake of magistracy , and that the dignity it selfe was unlawfull . and . because , ch . . he had set downe the lawfull church rulers , and in this and the following chapter the duties of brotherly love of one toward another . so here ch . . he teacheth that all magistrates , suppose heathen , are to be obeyed and submitted unto in all things , so far as they are ministers of god. arnisaeus objecteth to buchan . if we are by this place to subject our selves to every power in abstracto , then also to a power contrary to the truth , and to a power of a king exceeding the limits of a king , for such a power is a power , and we are not to distinguish where the law distinguisheth not . ans. the law clearely distinguisheth we are to obey parents in the lord , and if nero command idolatry , this is an excessive power ; are we obliged to obey , because the law distinguisheth not ? . the text saith , we are to obey every power , . from god , . that is gods ordinance , . by which the man is a minister of god for good ; but an unjust and excessive power is none of these three . . the text in words distinguisheth not obedience active in things wicked , and lawfull : yet we are to distinguish . mr. symmons . is authoritie subjected solely in the kings law , and no whit in his person , though put upon him both by god and man ? or , is authoritie only the subject ; and the person exercising the authoritie , a bare accident to that , being in it only more separably , as pride and folly are in a man : then if one in authoritie command , out of his own will , and not by law : if i neithr actively , nor passively obey , j doe not so much as resist abused authoritie : and then must the prince by his disorderly will have quite lost his authoritie , and become like another man ; and yet his authoritie has not fled from him . ans. if we speake acurately , neither the man solely , nor his power only is resisted : but the man clothed with lawfull habituall power , is resisted , in such and such acts flowing from an abused power . . it is an ignorant speech , to ask , is authoritie subjected solely in the kings law , and no whit in his person ? for the authoritie hath all its power by law , not from the mans person ; the authoritie hath nothing from the person , but a naked inherencie in the person , as in the subject : and the person is to be honored for the authoritie , not the authoritie for the person . . authoritie is not so separable from the person , as that for every act of lawlesse will , the king loseth his royall authoritie , and ceaseth to be king : no , but every act of a king , in so far can claime subjection of the inferiour , as the act of commanding and ruling , hath law for it ; and in so far as it is lawlesse , the person in that act repugnant to law , loseth all due claime of actuall subjection in that act , and in that act , power actuall is losed , as is cleare , act. . . & . . the apostles say to rulers , it is safer to obey god than men. what ? were not these rulers lawfull magistrates , armed with power from god ? i answer , habitually they were rulers , and more then men , and to obey them in things lawfull , is to obey god : but actually in these unlawfull commandements , especially being commanded to speake no more in the name of iesus ; the apostles doe acknowledge them to be no more but men : and so their actuall authoritie is as separable from the person , as pride and folly from men . symmons . the distinction holdeth good of inferior magistrates , that they may be considered as magistrates , and as men : because their authoritie is only sacred , and addeth veneration to their persons ; and is separable from the person ; the man may live , when his authoritie is extinguished : but it holdeth not in kings . king sauls person is venerable as his authoritie , and his authoritie commeth by inheritance , and dyeth , and liveth inseparably with his person : and authoritie and person adde honour each one to another . ans. . if this be true , manasseh , a king , did not shed innocent blood , and use ●orcerie ▪ he did not these great wickednesses as a man , but as a king. salomon played the apostate as a king , not as a man : if so , the man must make the king more infallible then the pope ; for the pope , as a man , can erre ; as a pope he cannot erre , say papists . but prophets , in their persons , were anoynted of god , as saul and david were : then must we say , nathan and samuel erred not as men , because their persons were sacred and anointed : and they erred not as prophets , sure ; ergo , they erred not all . a king , as a king , is an holy ordinance of god , and so cannot doe injustice , ergo , they must doe acts of iustice , as men . . the inferior iudge is a power from god. . to resist him , is to resist an ordinance of god. . he is not a terrour to good workes , but to evill . . he is the minister of god for good . . he is gods sword-bearer ; his officiall power to rule , may by as good right come by birth , as the crown : and the kings person is sacred only for his office , and is annointed only for his office . for then the chaldeans dishonored not inferior iudges , lam. . . when they hanged the prince , & honored not the faces of elders . it is in questiō , if the kings actual authority be not as separable frō him , as the actuall authority of the iudge . symmons , p. . the king himselfe may use this distinction . as a christian , he may forgive any that offendeth against his person : but as a iudge , he must punish , in regard of his office . ans. well then , flatterers will grant the distinction , when the king doth good , and pardoneth the blood of protestants , shed by bloody rebels : but when the king doth acts of injustice , he is neither man , nor king , but some independent absolute god. symmons , p. . gods word tyeth me to every one of his personall commandements , as well as his legall commandements : nor doe i obey the kings law , because it is established , or because of its known penaltie ; nor yet the king himselfe , because he ruleth according to law. but i obey the kings law , because i obey the king : and i obey the king , because i obey god : i obey the king , and his law ▪ because i obey god and his law. better obey the command , for a reverent regard to the prince , then for a penaltie . ans. it is hard to answer a sick man. it is blasphemie , to seek this distinction of person and office , in the king of kings ; because by ( person ) in a mortall king , we understand a man that can sinne . . i am not obliged to obey his personall commandement , except i were his domestick : nor his unlawfull personall commandements , because they are sinfull . . it is false that you obey the kings law , because you obey the king : for then you say but this , i obey the king , because i obey the king. the truth is , obedience is not formally terminated on the person of the king ; obedience is relative to a precept : and it is men-service , to obey a law , not because it is good and just ; but upon this formall motive , because it is the will of a mortall man to command it . and reverence , love , feare , being acts of the affection , are not terminated on a law , but properly on the person of the iudge : and they are modifications , or laudable qualifications of acts of obedience ; not motives , not the formall reason why i obey , but the manner how i obey . and the apostle maketh expresly , rom. ▪ . feare of punishment , a motive of obedience , while he saith , he beareth not the sword in vaine ; ergo , be subject to the king. and this hindreth not personall resistance to unjust commandements . symmons , p. , , . you say , to obey the princes personall commandement against his legall will , is to obey himselfe against himselfe . so say i , to obey his legall will against his personall will , is to obey himselfe against himselfe : for i take his person to be himselfe ans. to obey the kings personall will , when it is sinfull , ( as we now suppose ) against his legall will , is a sinne , and a disobedience to god , and the king also , seeing the law is the kings will , as king : but to obey his legall will against his sinfull personall will ( as it must be sinfull , if contrary to a just law ) is obedience to the king as king , and so obedience to god. . you take the kings person to be himself ; but you take quid pro quo , for his person here , you must take not physically for his suppost of soul and body ; but morally , it is the king , as a sinning man doing his worst will , against the law which is his just and best will , and the rule of the subjects : and the kings personall will is so far just , and to regulate the subjects , in so far , as it agreeth with his legall will , or his law , and this will can sinne , and therefore may be crossed without breach of the fifth commandement : but his legall will cannot be crossed without disobedience both to god and the king. symmons , p. . the kings personall will doth not alwayes presuppone passion : and if it be attended with passion , yet we must beare it for conscience sake . ans. we are to obey the kings personall will , when the thing commanded , is not sinne ; but his subjects as subjects , have little to do with his personall will in that notion . it concerneth his domestick servant , and is the kings will as he is the master of servants , not as he is king in relation to subjects ; but we speak of the kings personall will , as repugnant to law , and contrary to the kings will as king , and so contrary to the fifth commandment ; and this is attended often , not onely with passion , but also with prejudice ; and we owe no subjection to prejudice , and passions , or to actions commanded , by these misordered powers , because they are not from god , nor his ordinances , but from men , and the flesh , and we owe no subjection to the flesh . doct. ferne , sect. . pag. . the distinction of personall and legall will , hath place in evill actions , but not in resistance , where we cannot sever the person , and the dignitie , or authority , because we cannot resist the power , but we must resist the person who hath the power . saul had lawfully the command of arms , but that power he useth unjustly , against innocent david . i ask when these emperours took away lives and goods at their pleasure ; was that a power ordained of god ? no , but an illegall will , a tyranny , but they might not resist : nay , but they cannot resist : for that power and soveraigntie imployed to compasse these illegall commandments , was ordained and settled in them . when pilate condemned our saviour , it was an illegall will , ye● our saviour acknowledgeth in it pilates power , that was given him from above . answ. . here we have the distinction , denyed by royalists , granted by d. fern ; but if when the king commands us to do wickednesse , we may resist that personall will , and when he commandeth us to suffer unjustly we cannot resist his will , but we must resist also his royall person . what ? is it not still the king , and his person sacred , as his power is sacred , when he commandeth the subjects to do unjustly , as when he commandeth them to suffer unjustly ? it were fearfull to say , when kings command any one act of idolatry , they are no longer kings ; if for conscience i am to suffer unjustly , when nero commandeth unjust punishment , because nero commanding so , remaineth gods minister . why ? but when nero commandeth me to worship an heathen god , i am upon the same ground to obey that unjust will in doing ill : for nero in commanding idolatry , remaineth the lords minister , his person is sacred in the one commandment of doing ill , as in inflicting ill of punishment . and do i not resist his person in the one , as in the other ? his power and his person are unseparably conjoyned by god in the one , as in the other , . in bodily thrusting out of vzzah from the temple , these fourscore valiant men did resist the kings person , by bodily violence , as well as his power . . if the power of killing the martyrs in nero , was no power ordained of god , then the resisting of nero , in his taking away the lives of the martyrs , was but the resisting of tyranny : and certainly , if that power in nero was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a power ordained of god , and not to be resisted , as the place , rom. . is alleaged by royalists , then it must be a lawfull power , and no tyranny ; and if it cannot be resisted , because it was a power ordained and settled in him , it is either setled by god , and so not tyranny ; except god be the author of tyranny , or then settled by the devill , and so may well be resisted ; but the text speaketh of no power , but of that which is of god. . we are not to be subject to all powers in concreto , by the text ; for we are not to be subject to powers lawfull , yet commanding active obedience to things unlawfull . now subjection includeth active obedience of honour , love , fear , paying tribute , and therefore of need force , some powers must be excepted . . pilates power is meerly a power by divine permission , not a power ordained of god , as are the powers spoken of rom. . gregori . mor. l. . c. . expresly saith , this was satans power given to pilate , against christ. manibus satanae pro nostra redemptione se traddit . lyra. a principibus romanorum & ulterius permissum a deo , qui est potestas , superior . calvin , b●za , diod●tus , saith the same , and that he cannot mean of legall power from gods regulating will is evident ; . because christ is answering pilate , john . . knowest thou not , that i have power to crucifie thee ? this was an untruth . pilate had a command to worship him , and beleeve in him ; and whereas ferne saith , sect. . pag. . pilate had power to judge any accused before him : it is true , but he being obliged to beleeve in christ , he was obliged to be perswaded of christs innocency ; and so neither to judge , nor receive accusation against him : and the power he saith , he had to crucifie , was a law-power in pilates meaning , but not in very deed any law-power ; because a law-power is from gods regulating will in the fifth commandment ; but no creature hath a lawfull or a law-power to crucifie christ. . a law-power is for good , rom. . . a power to crucifie christ , is for ill . . a law-power is a terrour to ill works , and a praise to good . pilates power to crucifie christ , was the contrary . . a law-power is to execute wrath on ill-doing , a power to crucifie christ is no such . . a law-power conciliateth honour , fear , and veneration to the person of the judge , a power to crucifie christ , conciliateth no such thing , but a disgrace to pilate . . the genuine acts of a lawfull power , are lawfull acts ; for such as is the fountain-power , such are the acts flowing therefrom ; good acts slow not from bad powers , neither hath god given a power to sin , except by way of permission . quest . xxx . whether or no passive obedience be a meane to which we are subjected in conscience by vertue of a divine commandement , and what a meane resistance is . that flying is resistance . much is built , to commend patient suff●ring of ill , and con●emne all r●sistance of superiors , by royalists , on the place pet. . . where we are commanded , being servants , to suffer buffets , not onely for ill doing , of good masters , but also undeservedly , and when we do● well , we a●e to suffer of these masters that are evi●l ; and so much more are we patiently , without resistance , to suffer of kings . b●t it is cleare , the place is nothing against resistance , as in these assertions i cleare . assertion . pati●nt suff●ring of wicked men , and violent resisting are not incompatible , but they may well stand together : so this consequence is the basis of the argument , and it is just nothing . to wit , servants are to suff●r u●j●stly wounds and ●u●●●ting of their wicked masters , and they a●e to bear i● patiently ; ergo , servants are in conscience obliged to non-resistance . now scripture maketh this cl●ar ; the church of god is to bear with all patience , the 〈◊〉 of the lord , because she hath sinned , and to suffer of wicked enemies , which were to be troden as mire in the streets , micah . , , , . but withall they were not obliged to non-resistance , and not to fight against these enemies , yea they were obliged to fight against them also . if these were , babilon , iudah might have resisted and fought , if god had not giv●n a speciall commandement of a positive law , that they should not fight , if these were the assyrians and other enemies , or rather both , the people were to resist by fighting , and yet to endure patiently the indignation of the lord. david did bear most patiently the wrong that his own son absolon and achitophel , and the people inflicted on him in pursuing him to take his life and the kingdom from him : as is cleare by his gracious expressions , sam. . , . chap. . ver . , , . psal. . , , . yea he prayeth for a blessing on the people , that conspired against him . psal. . . yet did he lawfully resist absalom , and the conspiratours , and sent out ioab and a huge army in open battel against them . . sam. . , , , , &c. and fought against them . and were not the people of god patient to endure the violence done to them in the wildernes , by og king of bashan , sihon king of heshbon , by the ammorites , moabites , & c ? i think gods law tyeth all men , especially his people , to as patient a suffering in wars , deut. . . god then trying and humbling his people , as the servant is to endure patiently , unjustly inflicted buffets , pet. . . and yet gods people at gods command did resist these kings and people , and did fight and kill them , and possesse their land , as the history is cleare . see the like iosh. . ver . , . . one act of grace and vertue is not contrary to another . resistance is in the children of god an innocent act of self-preservation , as is patient suffering , and therefore they may well subsist in one . and so saith amasa by the spirit of the lord. chro. . . peace , peace be unto thee , and peace to thy helpers , for god helpeth thee . now david in that , and all his help●rs were resisters of king saul . . the scope of the place pet. . is not to forbid all violent resisting , as is clear , he speaketh nothing of violent resisting either one way or other , but onely he forbiddeth revengefull resisting of repaying one wrong with another , from the example of christ , who when he was reviled , reviled not again , when he suffered he threatned not . t●erefore the argument is a falacy , ab ●o quod docitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad illud quod dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . though therefore the master should attempt to kill an innocent servant , and invade him with a weapon of 〈◊〉 . . suddenly . . without all reason or cause . . vnavoidably , doctor ferne in that case doth free a subject from guiltynesse , if he violently resist his prince : ergo the servant who should violently resist his master in the aforesaid case , should , and might patiently suffer , and violently resist , notwithstanding any thing that royalists can conclude on the contrary . . no prince hath a masterly or herile dominion over his subjects , but onely a free , ingenious , paternall and tutorly over-sight for the good of the people , rom. . . the master , especially in the apostle peters time , had a dominion over servants , as over their proper goods . . assertion . neither suffering formally as suffering , and so neith●r can non-resisting passive fall under any morall law of god , except in two conditions : . in the point of christs passive obedience , he being the eternall god , as well as man , and so lord of his owne blood and life , by vertue of a speciall commandement imposed on him by his father , was commanded to lay downe his life , yea and to be an agent as well as a patient in dying . ioh. . . yea and actively he was to contribute somthing for his own death , and ●ffer himself willingly to death , mat. . . and knowing the houre that he was to depart out of this world unto the father , iohn . . would not onely not flee , which is to royalists lawfull , to us a speciall point of resistance , ioh. . . ioh. . , , , . and but upbraided peter , as the agent of sathan , who would disswade him to die , mat. . , . and would fight for him . and he doth not fetch any argument against peters drawing of his sword , from the unlawfulnesse of self-defence , and innocent resistance , ( which he should have done , if royalists plead with any colour of reason from his example , against the lawfulnesse of resistance and self-defence ) but from the absolute power of god. . from gods positive wil ▪ w●o commanded him to die , mat. . , . if therefore royalists p●ove any thing against the lawfulnesse of resisting kings , when they offer ( most unjustly ) violence to the life of gods servants , from thi● one meerly extraordinary and rare example of christ , the like wh●reof was never in the world , they may from the same example prove it unlawfull to flee ; for christ would not flee , psal. . , . heb. . . , , . ioh. . . ioh. . , , , . . they may prove that people sought by a tyrant to be crucifyed for the cause of god , or to reveale and discover themselves to an armie of men who come to seek them , ioh. . , . ioh. . , , , . . that martyrs are of purpose to goe to the place where they know they shall be apprehended and put to death , for this christ did , and are willingly to offer themselves to the enemies armie , for so did christ , ioh. . . mar. . , . mat. . , . and so by his example , all the parliament , all the innocents of the citie of london , and assemblie of divines , are obliged to lay downe armes , and to goe to their owne death to prince rupert , and the bloody irish rebels . . by this example it is unlawfull to resist the cut-throats of a king , for cesar in his owne royall person , the high priest in person came not out against christ. yea it is not lawfull for the parliament to resist a iudas , who hath ●led as a traiterous apostate from the truth and the temple of christ. . it is not lawful for innocents to defend themselves by any violence against the invasion of superiours in d. fernes three cases , in which he alloweth resistance . . when the invasion is sudden . . vnavoidable . . without all colour of law and reason . in the two last cases , royalists defend the lawfulnes of self-defence . . if the example be pressed , christ did not this and this , he resisted not with violence to save his owne life , therefore we are to abstaine from resistance , and such and such meanes of self-preservation , then because christ appealed not from inferiour judges to the emperour caesar ; who , no doubt , would have shewne him more favour , then the scribes and pharisees did , and because christ conveyed not a humble supplication to his soveraigne and father caesar , then because he proffered not a humble petition to prince pilate for his life , he being an innocent man , and his cause just , because he neither conduced an orator to pleade his owne just cause , nor did he so plead for himselfe , and give in word and writ , all lawfull and possible defences for his own safety , but answered many things with silence , to the admiration of the judge , marke . , . and was thrice pronounced by the judge to be innocent , luke . ver . . because ▪ i say , christ did not all these for his owne life , therefore it is unlawfull for scotland and england to appeale to the king , to supplicate , to give in appol●g●●s , &c. i thinke royalists dare not say so . but if they say , he would not resist , and yet might have done all these lawfully , because these be lawfull meanes , and resistance with the sword unlawfull ; bec●use , he that taketh the sword , shall perish by the sword . let me answer then , . they leave the argument from christs example , who was thus farre subject to higher powers , that he would not r●sist , and plead from the unlawfulnesse of resistance ; this is petitio principii . . he that taketh the sword without gods warrant , which peter had not , but the contrary , he was himselfe a sathan to christ , who would but councell him not to die ; but there is no shadow of a word to prove that violent resisting is unlawfull , when the king and his i●ish cut-throats pursue us unjustly ; onely christ saith , when god may deliver extraordinarily by his angels , except it be his absolute will , that his son should drink the cup of death , then to take the sword , when god hath declared his will on the contrary , is unlawfull ; and that is all : though i doe not question but christs asking for swords , and his arresting all his enemies to the ground , ioh. . . backward , is a justifying of selfe-defence . but hitherto it is cleare by christs example , that he onely was commanded to suffer . now the second case in which suffering falleth under a commandement , is indirectly and comparatively , when it commeth to the election of the witnesse of jesus , that it is referred to them , either to deny the truth of christ and his name , or then to suffer death , the choise is apparently evident , and this choise that persecuters referre us unto , is to us a commandement of god , that we ●ust choose suffering for christ , and refuse sinning against christ : but the supposition must stand , that this alternative is unavoydable , that is not in our power to decline either suffering for christ , or denying of christ b●fore men ; otherwayes no man is to expect the reward of a witnesse of iesus , who having a lawfull possible meanes of eschewing suffering , doth yet cast himselfe into suffering ne●dlesly . but i prove that suffering by men of this world , falleth not formally and directly under any divine positive law , for the law of nature , what ●ver arminians in their declaration , or this arminian excommunicate think with them , ( for they teach that god gave a commadement to adam , to abstaine from such and such fruit with paine and trouble to sinlesse nature ) doth not command suffering , or any thing contrary to nature as nature is sinlesse : i prove it thus , . what ever falleth under a positive commandem●nt of god , i may say here , und●r any commandement of god , is not a thing under the freewill and power of others , from whom we are not discended necessarily by naturall generation , but that men of the world kill me , even these from whom i am not d●scended by naturall generation ( which i speake to exclude adam , who killed all his posterity ) is not in my free will , either as if they had my common nature in that act , or as if i wer● accessory by counsell , consent , or approbation to that act , for this is under the free-will and power of others , not under my owne free-will : ergo , that i suffer by others is not under my free-will , and cannot fall under a commandement of god : and certainly , it is an irrationall law , ( glorified be his name ) that god should command antipas either formally to suffer , or formally not to suffer death by these of the synagogue of sathan , revel . . . because if they be pleased not to kill him , it is not in his free-will to be killed by them ; and if they shall have him in their power ( except god extraordinarily deliver ) it is not in his power , in an ordinary providence , not to be killed . . all these places of gods word , that recommendeth suffering to the followers of christ , do not command formally that we suffer ; ergo , suffering falleth not formally under any commandement of god ; i prove the antecedent , because i● they be considered , they prove onely that comparatively we are to choose rather to suffer , then to deny christ before men , mat. . , . revel . . . mat. . . mat. . . c. . . or then they command not suffering according to the substance of the passion , but according to the manner , that we suffer willingly , cheerfully , and patiently . hence christs word to take up his crosse , which is not a meere passion , but commendeth an act of the vertue of patience . now no christian vertue consisteth in a meer passion , but in laudable habits , and good and gracious acts , and the text we are now on , pet. . , . doth not recommend suffering from the example of christ , but patient suffering , and so the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not simply enjoyned , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in all feare , ver . . and the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to suffer with patience , as tim , . . cor. . . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to suffer patiently , cor. . . love , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , suffereth all things , heb. . . if you suffer correction , tim. . . she continueth patiently in prayers , heb. . . christ endured the crosse ( patiently ) & rom. . . rom. . . luk. . . & . . the derivats hence signifie patience , so doe all our inter●reters , beza , calvin , marlorat , and popish expositors , as lorinus , estius , carthusian , lyra , hugo cardinali● expound it of patient suffering , and the text is clear , it is suffering like christ , without rendring evil for evil , and reviling for reviling . . suffering simply according to substance of the passion ( i cannot say action ) is common to good and ill , and to the wicked , yea to the damned in hell , who suff●r against their will , and that cannot be joyned according to its substance as an act of formall obedi●nce and subjection to higher powers , kings , fathers , masters , by force of the fifth commandement , and of the place rom. . , . which according to its substance , wicked men suffer , and the damned in hell also against their will. . passive obedience to wicked emperours can but be enjoyned , rom. . but onely in the manner , and upon supposition , that we must be subject to them , and must suffer against our wills , all the ill of punishment , that they can in●lict , we must suffer patiently ; and because it is gods permissive will that they punish us unjustly ; for it is not gods ruling and approving will ( called voluntas signi ) that they should against the law of god and man kill us , and persecute us , and therefore neither rom. . nor pet. . nor any place in gods word , nor any common divin● , naturall , of nations , or any municipal law commandeth formally obedience passive , or subjection passive , or non-resistance under the notion of passive obedience , yea to me obedience passive , ( if we speak o● obedience properly called as relative essentially to a law ) is a chymera , a dream , and repugnantia in adjecto , and therefore i utterly deny that resistance passive or subjection passive , doth formally fal under either commandment of god affirmative , or negative , onely the unlawfull manner of resistance by way of revenge , or for defence of popery and false religion , and out of impatient tolleration of monarchy or any tyranny is forbidden in gods word , and certainly all the words used rom. . as they fall under a formal commandement of god , or words of action , not of any chymericall passive obedi●nce , as we are not to resist actively gods ordinance , as his ordinance , ver . . . that is , to resist god actively . . we are to do good works , not evil , if we would have the ruler no terror to us , ver . . . we must not do ill , if we would be free of vengeances sword : ver . . we are to pay tribute and to give fear and honour to the ruler , ver . . ●ll which are evidently actions , not passive subjection , and if any passive subjection be commanded , it is not here , nor in the first commandement , commanded , but in the first commandement under the hand of patience and submission under gods hand in sufferings , or in the third commandement under the hand of rather dying for christ , or denying his truth before men ; hence i argue here rom. . and pet. . and tit. . is nothing else , but an exposition of the fifth commandement , but in the fifth commandement onely active obedience is formally commanded , and the subordination of inferiours to superiours is ordained , and passive obedience is no where commanded , but onely modus rei , the manner of suffering , and the occasion of the commandement , here it is thought that the iewes converted under this pretext , that they were gods people , beleeved that they should not be subject to the romans . a certaine galilean made the galileans beleeve that they should not pay tribute to strangers , and that they should call none lord , but the god of heaven , as ioseph , saith , antiq. iudaic. l. . c. . and de bell . iudaic. l. . c. . yea and hieron . com. in . tit. saith , at this time the sect of the galileans were on foot . it is like the jews were thought to be galileans , and that their liberty purchased in christ could not consist with the order of master and servant , king and subject . and to remove this , paul establisheth magistracie , and commandeth obedience in the lord ; and he is more to prove the office of the magistrate to be of god , then any other thing ; and to shew what is his due , then to establish absolutenesse in nero to be of god ; yea to me , every word in the text speaketh limitednesse of princes , and cryeth downe absolutenesse : . no power of god , . no ordinance of god , . who is a terror to evill , but a praise to good works , . no mini●ter of god for good , &c. can be a power to which we submit our selves on earth , as next unto god , without controlment . . that passive obedience falleth formally under no commandement of god , i prove thus : all obedience lyable to a divine commandement , doth commend morally the performer of obedience , as having a will conformed to gods morall law , and deformity betwixt the will of him who performeth not obedience , involveth the non-obedient in wrath and guiltinesse . but non-passive subjection to the sword of the judge doth not morally commend him that suff●reth not punishm●nt , for no man is formally a sinner against a morall law , because he suffereth not the ill of pu●ishment ; nor is he morally good , or to be commended , bec●use hee suffereth ill of punishment , but be●ause he doth the ill ●f sin . and all evil of punishment u●justly inflicted hath gods volun●as beneplaciti , the instrumen●all and hidden d●cree o● god , which order●th both good and ill , ephes. . . for its rule and cause , and hath not gods will of approbation called , voluntas signi , for its rule , both is contrary to that will ; i am sure epiphanius li. . tom . . heres . . basilius in psal. . nazianzen orat. ad subd . & imperat . hilar. li. ad constant. august . citeth these words , and saith the same . if then passive subj●ction be not commanded , non subj●ction passive cannot be forbidden , and this text , rom. . and pet. . cannot a whit help the bad cause of royalists ; all then must be reduced to some action of resisting , arguments for passive subjection though there were ship-fulls of them , they cannot help us . assert . . by the place pet. . the servant unjustly buffeted is not to buffet his master again , but to bear patiently as christ did , who when he was reviled , did not revile again . not because the place condemneth resistance for self-defence , but because buffeting again is formally re-offending , not defending ; defending is properly a warding of a blow or stroak : if my neighbour come to kill me , and i can by no means save my life by flight , i may defend my self , and all divines say , i may rather kill , ere i be killed , because i am nearer by the law of natur● , and dearer to my self , and my own life then to my brother : but if i kill him out of malice , or hatred , the act of defending , by the unlawfull manner of doing , becometh an act of offending , and murther , whence the mind of the blood-shedder will vary the nature of the action , from whence this corolarie doth naturally issue , that the physicall action of taking away the life maketh not murther , nor homicide , and so the physical action of offending my neighbour is not murther : abraham may kill his son , he for whom the cities of refuge were ordained , and did kill his brother , yet not hating him , he was not , by gods law , judged a murtherer . and . it necessarily hence followeth , that an act which is physically an act of offending my brother , yea even to the taking away of his life is often morally and legally an act of lawfull self-defence : an offending of another necessitated from the sole invention of self-defence is no more but an act of innocent self defence : if david with his men had killed any of sauls men , in a set battel , david and his men onely intending self defence , the war ●n davids part was meere defensive , for physicall actions of killing , indifferent of themselves , yet imp●rated by a principle of naturall self-defence , and clothed with this formall end of self-defence , or according to the substance of the action , the act is of self-defence . if therefore one shall wound me deadly , and i know it is my death , after that , to kill the killer of my selfe , i being onely a private man , must be no act of self-defence , but of homicide , because it cannot be imperated by a sinlesse dictate of a naturall conscience , for this end of self-defence , after i know i am killed . any mean not used for preventing death , must be an act of revenge , not of self-defence , for it is physically unsu●able for the intended end of self-defence . and so for a servant buffeted , to buffet againe , is of the same nature : the second buffet not being a conducible meane to ward the first buffet , but a meane to procure heavier stroakes and possibly killing , it cannot be an act of self defence , for an act of self defence must be an act destinated ex natura rei , onely for defence , and if it be known to be an act of sole offending , without any known necessary relation of a mean to self-defence as the end , it cannot be properly an act of self-defence . assert . . when the matter is lighter , as in paying tribute , or suffering a buffet of a rough master , though unjustly , we are not to use any act of re-offending . for though i be not absolute lord of my owne goods , and so may not at my sole pleasure give tribute and expend monies to the hurting of my children , where i am not by gods law or mans law obliged to pay tribute ; and though i be not an absolute lord of my members , to expose face , and cheeks , and back to stripes and whips at my owne meere will , yet have we a comparative dominion given to us of god in matters of goods , and disposing of our members , ( i think i may except the case of mutilation , which is a little death ) for buffets , because christ no doubt to teach us the like , would rather give of his goods , and pay tribute , where it is not due , then that this scandall lay on the way of christ , that christ was no loyall subject to lawfull emperors and kings . and cor. . paul would rather not take stipend , though it was due to him , then hinder the course of the gospel . and the like is cor. . where the corinthians were rather to suffer losse in their goods , then to goe to law before infidel judges , and by the like to prevent greater inconveniences , and mutilation , and death ; the christian servant hath that dominion over his members , rather to suffer buff●ts , then to ward off buffets with violent resistance . but it is no consequent that innocent subjects should suffer death of tyrants , and servants be killed by masters , and yet that they shall not be allowed by the law of nature to defend themselves , by re-offending , when on●ly self-defence is intended , because we have not that dominion over life and death . and therefore as a man is his brothers murther●r , who , with froward cain , will not be his brothers keeper , and may preserve his brothers life , without losse of his owne life , when his brother is unjustly preserved ; so when he may preserve his owne life , and doth not that which natures law alloweth h●m to doe , rather to kill ere he be killed , he is guilty of self-murther ; because he is deficient in the duty of lawfull self-defence . but i grant to offend or kill is not of the nature of defensive warre , but accidentall ther●unto , and yet killing of cut-throats sent forth by the illegal commandement of the king may be intended , as a mean and a lawfull mean of self-defence . . of two ills of punishment , we have a comparative dominion over our selves , a man may cast his goods in the sea to redeeme his life . so for to redeeme peace , we may suffer buffets , but because death is the greatest ill of punishment , god hath not made it eligible to us , when lawfull self defence is at hand ; but in defending our own life against tyrannicall power , though we do it by offending and killing , we resist no ordinance of god , onely i judge killing of the king in self-defence not lawfull , because self-defence must be national , on just causes . let here the reader judge , barcley l. . c. . pag. . con . monar . if the king ( saith he ) shall vex the common-wealth or one part thereof , with great and intollerable cruelty ; what shall the people do ? they have ( saith he ) in that case a power to resist and defend themselves from injury , but onely to defend themselves , not to invade the prince , nor to resist the injury , or to recede from reverence due to the prince . i answer . let barclay or the prelate ( if he may carry barclayes books ) or any , difference these two , the people may resist a tyrant , but they may not resist the injuries inflicted by a tyrants officers & cut-throats . i cannot imagine how to conciliate these two : for to resist the cruelty of a king , is but to hold off the injurie by resistance . . if this nero waste the common-wealth unsufferably with his cruelty , and remaine a lawful king , to be honoured as a king , who may resist him , according to royalists way ? but from rom. . they resist the ordinance of god. . resisting is not a meere suffering , nor is it a morall resisting by alledging l●wes to be broken by him . we had never a question with royalists about such resisting . . nor is this resisting non-obedience to unjust commandements ; that resisting was never yet in question , by any , except the papists , who in good ●arnest , by consequent , say , it is better to obey men , then god. . it is then resisting by bodily violence ; but if the king have such an absolute power given him by god , as royalists fancie from rom. . , . sam. ▪ , . i know not how sujects have any power given them of god , to resist the power from god , and gods ordinance . and if this resisting extend not it selfe to defensive wars , how shall the people defend themselves from injuries and the greatest injuries imaginable , from an armie of cut-throats and idolaters in war comming to destroy religion , set up idolatry , and root out the name of gods people , and lay waste the mountaine of the lords house ? and if they may defend themselves by defensive wars , how can wars be without offending ? . the law of nature teacheth to repell violence with violence , when one man is oppressed , no lesse then when the common-wealth is oppressed . barclay should have given either scripture , or the law of nature for his warrant here . . let us suppose a king can be perjured , how are the estates of the kingdome , who are his subjects , by barclays way , not to challenge such a tyrant of his perjurie ? he did swear , he should be meek and clement , and he is now become a furious lyon , shall the flock of god be committed to the keeping of a furious lyon ? d. ferne , p. . sect . . pag. . addeth , personall defence is lawfull against sudden and illegall invasion , such as elisha practiced , even if it were against the prince to ward blowes , and to hold the princes hand , but not to returne blowes , but generall resistance by armes , cannot be without many unjust violences , and doth immediatelie strike at the order , which is the life of the common-wealth . answ. if it be naturall to one man to defend himself against the personall invasion of a prince , then is it naturall and warrantable to ten thousand , and to a whole kingdome ; and what reason to defraud a kingdome of the benefit of self-defence , more then one man ? neither grace nor policy destroyeth nature : and how shall ten or twenty thousand be defended against cannons and musquets that killeth afar off , except they keepe townes against the king , which d. ferne and others say had beene treason in david , if he had kept keilah against king saul , except they be armed to offend , with weapons of the like nature to kill rather then be killed , as the law of nature teacheth . . to hold the hands of the prince is no lesse resisting vi●lence , then to cut the lap of his garment , which royalists think unlawfull , and is an opposing of externall force to the kings person . . it is true , warres meerely defensive cannot be but they must be off●nsive , but they are offensive by accident , and intended for meere defence , and they cannot be without warres sinfully offensive , nor can any warres be in rerum naturâ now , ( i except the warres commanded by god , who onely must have beene sinfull in the manner of doing ) but some innocent must be killed ; but warres cannot for that be condemned . . neither are offensive warres against these who are no powers and no ordinances of god , such as are cut-throate irish , condemned prelates and papists now in armes , more destructive to the order established by god , then acts of lawfull war are , or the punishing of robbers ; and by all this protestants in scotland and england , should remaine in their houses unarmed , while the papists and irish come on them armed and cut their throats , and spoyle and plunder at will. nor can we think that resistance to a king in holding his hands can be naturall , if he be stronger , it is not a naturall meane of selfe-preservation : nature hath appoynted innocent and offending violence , against unjust violence , as a meanes of selfe-preservation . goliahs sword is no naturall meanes to hold sauls hands , for a sword hath no fingers ; and if saul , . suddainly , . without colour of law or reason , . inevitably should make personall invasion on david to kill him ; dr. ferne saith he may resist , but resisting is essentially a reaction of violence ; shew us scripture or reason for violent holding a kings hands in an unjust personall invasion , without any other reaction of offence : walter torrils killed king w. rufus , as he was shooting at a deere ; the earle of suffolk killed henrie the . at tilting ; there is no treasonable intention here , and so no homicide : defensive wars are offensive , ex eventu & effectu , not ex causa , or ex intentione . but it may be asked , if no passive subjection at all be commanded as due to superiours ? rom. . answ. none properly so called , that is , purely passive , onely we are for feare of the sword to doe our duety . . we are to suffer ill of punishment of tyrants , ex hypothesi , that they inflict that ill on us , some other way , and in some other notion then we are to suffer ill of equals , for we are to suffer of equals not for any paternall authority that they have over us , as certainly wee are to suffer ill inflicted by superiours . i demand of royalists , if tyrants inflicting evill of punishment upon subjects unjustly , be powers ordained of god. . if to resist a power in tyrannicall acts be to resist god. . since wee are not to yi●ld active obedience to all the commandements of superiours , whether they be good , or ill , by vertue of this place , rom. . how is it that we may not deny passive subjection to all the acts of violence exercised whether of injustice , whether in these acts of violence , wherein the prince in actu ex cito , and formally punisheth not in gods stead , or in these wherein he punish●th tyrannically in no formall or actuall subordination to god we owe passive subjection : i desire an answer to these . assert . . flying from the tyranny of abused authority , is a plaine resisting of rulers in their unlawfull oppression and perverting of judgement . all royalists grant it lawfull , and ground it upon the law of nature , that those that are persecuted by tyrannous princes may flee , and it is evident from christs commandment , if they persecute you in one city , flee to another , mat. . . and by mat. . . christ fled from the fury of the jewes , till his houre was come ; elias , vriah , ier. . . ioseph and mary fled ; the martyres did hide themselves in caves and dens of the earth , heb. . , . paul was let downe through a window in a basket at damascus ; this certainly is resistance : for looke what legall power god hath given to a tyrannous ruler , remaining a power ordained of god , to summon legally , and set before his tribunall the servants of god , that he may kill them and murther them unjustly , that same legall power he hath to murther them : for if it be a legall power to kill the innocent , and such a power as they are obliged in conscience to submit unto , they are obliged in conscience to submit to the legall power of citing ; for it is one and the same power : now if resistance to the one power be unlawfull , resistance to the other must be unlawfull also , and if the law of self-defence , or command of christ war●ant me to disobey a tyrannous power , commanding me to compei● to receive the sentence of death , that same law farre more shall warrant me to resist and deny passive subjection , in submitting to the un-unj●st sentence of death . . when a murtherer self-convicted sleeth from the just power of a judge lawfully citing him , he resisteth the just power ordained of god. rom. . ergo , by the same ●eason if we flee from a tyrannous power , we resist that tyrannous power , and so by royalists ground we resist the ordinance of god by flying . now to be disobedient to a just power summoning a ma●●factor , is to hinder that lawfull power , to be put forth in lawfull acts , for the judge cannot purge the land of blood , if the murtherer slee . . when the king of israel sendeth a captaine , and fifty ●ictors to f●tch elisha , these come instructed with legall power from the king , if i may lay fetters on their power by flight upon the ground of self-preservation , the same warrant shall allow me to oppose harmelesse violence , for my owne safety . . royalists hold it unlawfull to keepe a strong hold against the king , though the fort be not the kings house ; and though that david should not have offended , if he had kept keilah against saul , dr. ferne and royalists say , it had beene unlawfull resistance . what more resistance is made to royall power by wals interposed , then by seas and miles of earth interposed ? both are physicall resistance , and violent in their kinde . quest . xxxi . whether or no self-defence against any unjust violence offered to the life , be warranted by gods law , and the law of nature and nations ? selfe-preservation in all creatures in which is nature , is in the creatures sutable to their nature : the bull defendeth it selfe by its hornes , the eagle by her clawes and bill , it will not follow that a lambe will defend it selfe against a wolfe any other way , then by flying . so men , and christian men doe naturally defend themselves ; but the manner of self-defence in a rationall creature , is rationall , and not alwayes meerely naturall : therefore a politique communitie , being a combination of many natures , as neither grace , farre lesse can policy destroy nature , then must these many natures be allowed of god to use a naturall self-defence . if the king bring in an army of forraigners , then a politique community must defend it selfe in a rationall way ; why ? self-defence is naturall to man , and ●a●urall to a lamb , but not the same way ; a lamb or a dove naturally defend themselves against beasts of another kinde , onely by flight , not by re-action and re-offending : but it followeth not that a man defendeth himselfe from his enemy only by flight ; if a robber invade me , to take away my life and my purse , i may defend my s●lfe by re-action ; for reason and grace both may determine the way of self-preservation : hence royalists say , a private man against his prince , hath no way to defend himselfe , but by flight ; ergo , a community hath no other way to defend thems●lv●s , but by flight . . the antecedent is false . dr. ferne alloweth to a private man supplications , and denying of subsidies , and tribute to the prince , when he imployeth tribute to the destruction of the common-wealth ; which by the way , is a cleere resistance , and an active resistance made against the king , rom. . , . and against a commandement of god , except royalists grant tyrannous powers may be resisted . . the consequence is naught , for a private man may defend himselfe against unjust violence , but not any way he pleaseth ; the first way is by supplications and apologies , he may not presently use violence to the kings servants before he supplicate , nor may he use re-offending , if flight may save . david used all the three in order ; . he made his defence by words , by the mediation of ionathan ; when that prevailed not , he tooke himselfe to flight , as the next ; but because he knew flight was not safe every way , and nature taught him self-preservation , and reason and light of grace taught him the meanes , and the religious order of these meanes for self-preservation . therefore he addeth a third , he took goliahs sword , and gathered six hundred armed men , and after that made use of an hoast . now a sword and armour are not horsing and shipping for flight , but contrary to flight ; so re-offending , is policies last refuge . a godly magistrate taketh not away the life of a subject , if other means can compasse the end of the law ; and so he is compelled and necessitated to take away the life : so the private man , in his naturall self-defence , not to use re-action , or violent re-offending , in his self-defence against any man , farre lesse against the servants of a king , but in the exigence of the last and most inexorable necessity . and it is true that m. symmons saith , sect. . pag. . self-defence is not to be used , where it cannot be without sinne . it is certaine , necessity is but a hungry plea for sinne , luke . . but it is also true , re-offending comparatively , that i kill rather then i be killed , in the sinlesse court of natures spotlesse and harmelesse necessity , is lawfull and necessary , except i be guilty of self-murd●r , in the culpable omission of s●lf-defence . now a private man may flie , and that is his second necessity , and viol●nt re-offending is the third meane of self-preservation . but with leave , violent re-offending is necessary to a private man , when his second meane , to wit , flight , is not possible , and cannot attaine the end , as in the case of david : if flight doe not prevaile , goliahs sword and an host of armed men are lawfull : so to a church and a community of protestants , men , women , aged , sucking children , sick , and diseased , who are pressed either to be killed , or forsake religion and jesus christ , flight is not the second meane , nor a meane at all because . not possible , and therefore not a naturall meane of preservation : for . the aged , the sick , the sucking infants , and sound religion in the posteritie cannot flee , flight here is physically and by natures necessity unpossible , and therefore no lawfull mean. what is to nature physically unpossible , is no lawfull mean. . if christ have a promise that the ends of the earth , psal. . . and the isles shall be his possession , esa. . . i see not how naturall defence can put us to flee , even all protestants , and their seed , and the weak and sick , whom we are obliged to defend as our selves , both by the law of nature and grace . i read that seven wicked nations and idolatrous were cast out of their land to give place to the church of god , to dwell there , but shew me a warrant in natures law and in gods word that three kingdomes of protestants , their seed , aged , sick , sucking children , should flee out of england , scotland , ireland , and leave religion and the land to a king and to papists , prelates and bloody irish , and atheists : and therefore to a church and community having gods right and mans law to the land , violent re-offending is their second mean ( next to supplications and declarations , &c. ) and flight is not required of them , as of a private man. yea flight is not necessarily required of a private man , but where it is a possible mean of self-preservation , violent and unjust invasion of a private man , which is unavoidable may be obviated with violent re-offending . now the unjust invasion made on scotland in . for refusing the service-book , or rather the idolatry of the masse , therein intended , was unavoidable , it was unpossible for the protestants , their old and sick , their women and sucking children to flee over sea , or to have shipping betwixt the kings bringing an army on them at duns-law , and the prelates charging of the ministers to receive the masse-book ; althusius saith well , pol. c. . n. . though private men may flee ; but the estates if they flee , they do not their duty to commit a country , religion and all to a lion. l●t not any object , we may not devise a way to fulfill the prophecy , psal. . , . isa. . . it is true , if the way be our own sinfull way ; nor let any object , a colony went to new-england and fled the persecution . answer , true , but if fleeing be the onely mean after supplication , there was no more reason that one colony should go to new-england , then it is necessary & by a divine law obligatory , that the whole protestants in the three kingdomes according to royalists doctrine , are to leave th●ir native country , & religion to one man & to popish idolators & atheists willing to worship idols with them , and whethere then shall the gospel be , which we are obliged to defend with our lives ? . there is tutela vitae proxima , & remota . a meer and immediat defence of our life , and a remote or mediat defence ; when there is no actuall invasion made by a man seeking our life , we are not to use violent re-offending . david might have killed saul , when he was sleeping , and when he cut off the lap of his garment , but it was unlawfull for him to kill the lords anointed , because he is the lords annoited , as it is unlawfull to kill a man , because he is the image of god , gen. . except in case of necessity ; the magistrate in case of necessity may kill the malefector , thought his malefices do not put him in that case , that he hath not now the image of god ; now prudency and light of grace determineth , when we are to use violent re-offending for self-preservation , it is not left to our pleasure . in a remote posture of self-defence , we are not to use violet re-offending , david having saul in his hand was in a remote posture of defence , the unjust invasion then was not actuall , not inavoidable , not a necess●ry mean in human prudence for self-preservation , for king saul was then in a habituall , not in an actuall pursuit of the whole princes , elders and judges of israel , or of a whole community and church ; saul did but seek the life of one man , david , and that not for religion , or a nationall pretended offence , and therefore he could not in conscience put hands on the lords anoynted ; but if saul had actually invaded david for his life , david might in that case make use of goliahs sword , ( for he took not that weapon with him as a cypher to boast saul , it is no lesse unlawfull to thr●atten a king then to put hands on him ) and rather kill or be killed by sauls emissaries : because then he should have been in an immediate and nearest posture of actuall self-defence . now the case is farre otherwayes between the king , and the two parliaments of england , and scotland , for the king is not . sleeping in his emissari●s , for he hath armies in two kingdomes , and now in thre● kingdomes , by sea and land , night and day in actuall pursuit , not of one david , but of the estates , and a christian community in england and scotland , and that for religions , lawes and liberties , for the question is now betweene papist and protestant , between arbitr●ry or tyranicall government , and law-government , and therefore by both the lawes of the politique societies of both kingdomes , and by the law of god and nature , we are to use violent re-off●nding for s●lf-preservation , and put to this necessity when armies are in actuall pursuit of all the protestant churches of the suff●r ●awes , and religion to be undone . but saith the royalist , davids argument , god forbid that i stretch out my hand against the lords anno●nted , my master the king , concludeth universally , that the king in his most tyrannous acts , still remaining the lords anoynted , cannot be resisted . ans. . david speaketh of stretching out his ha●d against the person of king saul : no man in the three kingdomes , did so much as attempt to do violence to the kings person . but this argument . is inconsequent , for a king invading in his own royall person , the innocent subject , . suddainly . . without col●ur of law and reason . . unavoidably , may be personally resist●d , and that with opposing a violence bodily , yet in that invasion he remaineth the lords annoynted . . by this argument the life of a murtherer cannot be taken away by a judge , for he r●maineth one endued with gods image , and keepeth stil the nature of a man under all the murthers that he doth , but it followeth no wayes , that because god hath indowed his person with a sort of royalty , of a divine image , that his life cannot be taken ; and certainly , if to be a man endued with gods image , gen. . , . and to bee an ill doer worthy of evill punishment are different ; to be a king , and an ill doer may be distinguished . the grounds of self-defence are these ; a woman or a young man may violently oppose a king , if he force the one to adultery and incest , and the other to sodomy ; though court-flatterers should say , the king in regard of his absolutenesse is lord of life and death ; yet no man ever said , that the king is lord of chastity , faith , and oath that the wife hath made to her husband . . particular nature yeelds to the good of universall nature , for which cause heavie bodies ascend , aerie and light bodies descend ; if then a wilde bull or a goaring oxe , may not be let loose , in a great market-confluence of people ; and if any man turne so distracted , as he smite himselfe with stones and kill all that passe by him , or come at him ; in that case the man is to be bound , and his hands fettered , and all whom he invadeth may resist him , were they his owne sons , and may save their owne lives with weapons ; much more a king turning a nero : king saul vexed with an evill spirit from the lord , may be resisted ; and fa●re more if a king indued with use of reason , shall put violent hands on all his subjects , kill his son and heire ; yea , any violently invaded , by natures law , may defend themselves , and the violent restraining of such an one is but the hurting of one man , who cannot be virtually the common-wealth ; but his destroying of the community of men sent out in warres , as his bloody emissaries , to the dissolution of the common-wealth . . the cutting off of a contagious member , that by a gangrene , would corrupt the whole body , is well warranted by nature , because the safety of the whole is to be preferred to the safety of a part : nor is it much that royalists say the king being the head , destroy him , & the whole body the common-wealth is dissolved ; as cut off a mans head , & the life of the whole man is taken away ; because , . god cutteth off the spirits of tyrannous kings , and yet the common-wealth is not dissolved , no more then when a leopard or a wilde boare , running through children is killed , it can be the destruction of all the children in the land . . a king indefinitely is referred to the common-wealth as an adequat head to a monarchicall kingdome , and remove all kings and the politique body as monarchicall , in its frame , is not monarchicall , but it leaveth not off to be a politique body , seeing it hath other judges , but the naturall body without the head cannot live . . this or that tyrannous king , being a transient mortall thing , cannnot be referred to the immortall common-wealth , as it is adequat correlate . they say , the king never dieth , yet this king can dye ; an immortall politique body , such as the common-wealth , must have an immortall head , and that is a king as a king ; not this or that man , possibly a tyrant , who is for the time ( and eternall things abstract from time ) onely a king. . the reason of fortunius garcias a skilfull lawyer in spaine is consid●rable , coment . in l. ut vim vi ff . de justit . & jure . god hath impl●nted in every creature naturall inclinations , and motions to preserve it selfe , and we are to love our self for god , and have a love to preserve our selves rather then our neighbour , and natures law teacheth every man to love god best of all , and next our selves more then our neighbour ; for the law saith , thou shalt love thy neighbour as thy selfe ; then ( saith malderus com . in . q. . tom . . c. . concl . . ) the love of our selfe , is the measure of the love of our neighbour . but the rule and the measure is more perfect , simple , and more principall then the thing that is measured : it is true , i am to love the salvation of the church , it comming neerer to gods glory , more then my owne salvation , as the wishes of moses and paul do prove ; and i am to love the salvation of my brother , more then my owne temporall life ; but i am to love my owne temporall life , more then the life of any other , and therefore i am rather to kill , then to be killed , the exigence of necessity so requiring ; nature without sin aimeth this as a truth , in the case of losse of life ; proximus sum egomet mihi . ephes. . , . he that loveth his wife , loveth himselfe ; for no man ever yet hated his owne flesh , but nourisheth it , and cherisheth it , even as the lord the church . as then nature tyeth the dam to defend the young birds , and the lyon her whelps , and the husband the wife , and that by a comparative re-offending , rather then the wife or children should be killed ; yea , hee that is wanting to his brother , ( if a robber unjustly invade his brother ) and helpeth him not , is a murtherer of his brother so farre , gods spirituall law requiring both conservation of it in our person , and preservation in others . the forced damsell was commanded to cry for help , and not the magistrate onely , but the neerest private man or woman was to come , by an obligation of a divine law of the seventh commandement , to rescue the damsell with violence ; even as a man is to save his enemies oxe or his asse out of a pit : and if a private man may inflict bodily punishment of two degrees , to preserve the life and chastity of his neighbour , far rather then suffer his life and chastity to be taken away , then he may inflict violence of foure degrees even to killing , for his life , and much more for his owne life . so when a robber , with deadly weapons invadeth an innocent traveller to kill him , for his goods , upon the supposition that if the robber be not killed , the innocent shall be killed ; now the question is , which of the two , by gods morall law and revealed will in point of conscience , ought to be killed by his fellow ; for we speake not now of gods eternall decree of permitting evill , according to the which murtherers may crucifie the innocent lord of glory : by no morall law of god , should the u●just robber kill the innocent traveller , therefore in this exigence of providence , the traveller should rather kill the robber . if any say , by gods morall law not one should kill his fellow ; and it is a sin against the morall law in either to kill other ; i answer : if a third shall come in when the robber and the innocent are invading each other for his life , all acknowledge by the sixt commandement , the third may cut off the robbers arme to save the innocent ; but by what law of god he may cut off his arme , he may take his life also to save the other ; for it is murther to wound unjustly , and to dismember a man by private authority , as it is to take away his life : if therefore the third may take away the robbers member , then also his life , so hee doe it without malice or appetite of revenge , and if he may doe it out of this principle , thou shalt love thy neighbour as thy selfe ; because a man is obliged more to love his owne flesh , then his neighbours , ephes. . . and so more to defend himselfe , then to defend his neighbour , then may he oppose violence to the robber ; as two men drowning in a water , the one is not obliged by gods law , to expose himselfe to drowning to save his neighbour ; but by the contrary , hee is obliged rather to save himselfe , though it were with the losse of his neighbours life : as in war , if souldiers in a strait passage be pursued on their life , nature teacheth them to flee ; if one fall , his fellow in that exigence is not onely not obliged to lift him up , but he and the rest flying , though they trample on him and kill him , they are not guilty of murther , seeing they hated him not before . deut. . . . so chemnit . loc . com . de vindic . q. . alloweth private defence . . when the violence is suddaine , and the . violence manifestly inevitable . . when the magistrate is absent and cannot help . . when moderation is kept as lawyers require . . that it be done incontinent , if it be done after the injury , it is revenge , not defence . . not of desire of revenge . . with proportion of armor . if the violent invader invade not with deadly weapons , you must not invade him with deadly weapons , and certainly the law , exod. . of a mans defending his house is clear . . if he come in the night , it is presumed he is a robber . . if he be taken with a weapon breaking the house , he cometh to kill , a man may defend himself , wife , and children , but he is . but to wound him , and if he die of the wound , the defender is free , so the defender is not to intend his death , but to save himself . . it were a mighty defect in providence to man , if dogs by nature may defend themselves against wolves , bulls against lyons , doves , against haukes , if man in the absence of the lawfull magistrate , should not defend himself against unjust violence , but one man might raise armies of papists sick for blood to destroy innocent men . they object , when the king is present in his person , and his invaders , he is not absent , and so though you may rather kill a private man , then suffer your self to be killed , yet , because prudence determineth the means of self-defence , you are to expose your life to hazard for justice of your king , and therefore not to do violence to the life of your king , nor can the body in any self-defence , fight against the head , that must be the destruction of the whole . ans. though the king be present as an unjust invader in warres against his innocent subjects , he is absent as a king , and a father and defender , and present as an unjust grassator , and therefore the innocent may defend themselves , when the king neither can , nor will defend him . nature maketh a man ( saith the law . l. gener. c. de decur . l. . l. si alius . ● . bellissimè ubique gloss. in vers . ex magn . not . per. il●um . text . ff . quod vi aut clam . l. ait praetor . § . si debitorem nicum . ff . de hisque in fraud . credito . ) even a privat man his own judge , magistrate and defender , quando copiam judicis , qui sibi jus reddat , non habet . when he hath no judge , to give him justice and law . . the subjects are to give their lives , for the king , as the king ▪ because the safety of the king as king is the safety of the common-wealth . but the king as offering unjust violence to his innocent subjects is not king. zoannet . part . . defens . n. . transgrediens notoriè officium suum judex , agit velut privatus aliquis , non ut magistratus . ff . de injur . est bonus in simili in . l. qui fundum . § . si . tutor . ff . pro emptore . . if the politick body fight against this head in particular , not as head , but as an oppressor of the people . there is no fear of dissolution , if the body rise against all magistracy , as magistracy and lawes : dissolution of all must follow , parliaments and inferiour judges are heads . num. . . num. . . deut. . . iosh. . . mic. . . ver . . . king. . . chron. . . chro. . . no lesse then the king , and it is unlawfull to offer violence to them , though i shall rather thinke a private man is to suffer the king to kill him , rather then he kill the king ; because he is to preferre the life of a private man , to the life of a publique man. . by the law of nature a ruler is appointed to defend the innocent . now by nature an infant in the wombe d●fendeth it self first , before the parents can defend it , then when parents and magistrates are not , ( and violent invading magistrates are not in that magistrates ) nature hath commended every man to self-def●nce . . the law of nature excepteth no violence , whether inflicted by a magistrate , or any other unjust violence from a ruler is twice injustice . . he doth unjustly as a man. . as a member of the common-wealth . . he committeth a speciall kind of sin of injustice , against his office , but it is absurd to say we may lawfully defend our selves from smaller injuries , by the law of nature ; and not from the greater . if the pope ( saith fer. vasquez . illust . quest . l. . c. . n. , . ) command to take away benefices from the just owner , these who are to execute his commandement , are not to obey , but to write back that that mandat came not from his holinesse , but from the avarice of his officers ; but if the pope still continue and presse the same unjust mandat , the same should be written againe to him : and though there be none above the pope , yet there is naturall self-defence patent for all . defensio vitae nece aria est , & à jure naturali profluit : l. ut vim . ff . de just . & jure . nam quod quisque ob tutelam corporis sui fecerit , jure fecisse videatur . c. jus naturale . . distinc . l. . ff . de vi & vi armata . l. injuriarum . ff . de injuria . c. significasti . . de hom . l. scientiam . sect . qui non aliter ff . ad leg . aquil. c. si vero . de sent . excom . & l. sed etsi ff . ad leg . aquil. etiamsi sequatur homicidium . vasquez . l. . c. . n. . etiam occidere licet ob defensionem rerum . vim vi repellere omnia jura permittunt in c. signisicasti . garcias fortunius comment . in l. ut vim . ff . de instit . & jur . n. . defendere se est juris naturae & gentium . a jure civili fuit additum moderamen inculpatae tutelae . iac. novel . defens . n. . occidens principem vel alium tyrannidem exercentem , à poena homicidii excusatur . grotius de jure belli & pacit ▪ l. . c. . n. . si corpus impetatur vi presente , cum periculo vitae non aliter vitabili , tunc bellum est licitum etiam cum interfectione periculum inferentis , ratio , natura quemque sibi commendat . barcl . advers . monar . l. . c. . est jus cuilibet se tenendi adversus immanem sevitiam . but what ground ( saith the royalist ) is there to take arms against a king ? ielousies and suspitions are not enough . ans. the king sent first an armie to scotland , and blocked us up by sea , before we took armes . . papists were armed in england , they have professed themselves in their religion of trent to ●e so much the holyer , that they root out protestants . . the king declared we had broken loyalty to him , since the last parliament . . he d●clared both kingdoms rebels . . attempted in his emissaries to destroy the parliament . . and to bring in a forraigne enemie . and the law saith , an imminent danger , which is a sufficient warrant to take up armes , is not strokes , but either the terrour of armour , or threatning . glossator . in d. l. . c. vnde vi . ait non esse verbera expectanda , sed vel terrorem armorum sufficere , vel minas , & hoc esse imminens periculum . l. sed & si quemcunque in princ . ff . ad leg . aquil. l. . quod qui armati ff . de vi & vi armata is qui aggressorem . c. ad legem c. ad legem corneli . in most hainous sinnes , conatus , the endeavour and aime ( etiamsi effectus non sequatur , puniri debet ) is punishable . bartoln . in l. si quis non dicam rapere . the king hath aimed at the destruction of his subjects , through the power of wicked counsellors , and we are to consider not the intenton of the workes , but the nature and intention of the work ; papists are in armes , their religion , the conspiracy of trent , their conscience ( if they have any ) their malice against the covenant of scotland which abjureth their religion to the full , their ceremonies , their prelates lead , and necessitate them to root out the name of protestant , religion , yea and to stab a king who is a protestant . nor is our king remaining a protestant , and adhering to his oath made at his coronation in both kingdomes , lord of his own person , master of himself , nor able as king to be a king over protestant subjects , if the papists now in armes under his standard , shall prevail . the king hath been comp●lled to go against his own oath and the lawes which he did swear to maintaine : the pope sendeth to his popish armies both dispensations , bulls , mandats , incouragements : the king hath made a cessation with the bloody irish , and hath put arms in the hands of papists . now he being under the oath of god , tied to maintain the protestant religion , he hath a metaphysically subtle , pearcing faith of miracles , who beleeveth armed papists , and prelates shall defend protestants , their religion , and these who have abjured prelats as the lawful sons of the pope , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and as the law saith , quilibet in dubio praesumitur bonus . l. merito praesumi . l. non omnes § à barbaris de re milit . charity beleeveth not ill : so charity is not a foole to beleeve all things . so saith the law , semel malus , semper praesumitur malus , in eodem genere . c. semel malus de jure gentium in . once wicked is alwayes wicked in that kind . marius salamonius i. c. in l. ut vim atque injuriam ff . de just . & jure . we are not to wait on strokes , the terrour of armour , omnium consensu , by consent of all is sufficient . n. . if i see ( saith he ) the enemy take an arrow out of the quiver , before he bend the bow , it is lawfull to prevent him with a blow — cunctatio est periculosa . the kings comming with armed men , to demand the five members , into the house of commons , is very symbolicall , and warre was printed on that fact , he that runneth may reade . his comming to hull with an armie , saith not he had no errand there , but aske what it was in the clock . see novellus that learned venetian lawyer , in a treatise for defence , he maketh continuatam rixam , a continued upbraiding a sufficient ground of violent defence . he citeth doctores comniter . in l. ut vim . ff . de just . & jure . yea he saith , drunkennesse , defens . n. . error , n. . madnesse , n. , . ignorance , n. , . impudence , n. . necessity , n. . lasciviousnesse , . continuall reproaches , . the fervour of anger , . threatning , . feare of imminent danger , . iust grief doe excuse a man from homicide , and that in these he ought to be more mildly punished , quia obnubilatum & mancum est consilium , reason in these being lame and clogged . ambros. l. . offic . qui non repellit injuriam à socio , cum potest , tam est in vitio , quam ille quifacit . and as nature , so the law saith , when the losses are such as can never be repaired , as death , mutilation , l●sse of chastity , quoniam facta infecta fieri nequeunt , things of that kinde once done , can never be undone , we are to prevent the enemy , l. zonat. tract . defens . par . . l. in bello § . factae de capit . notat . gloss. in l. si quis provocatione . if the king send an irish rebell to cast me over a bridge , and drowne me in a water , i am not to do nothing , while the kings emissary first cast me over , and then in the next room i am to defend my self ; but nature and the law of self-defence warranteth me ( if i know certainly his ayme ) to horse him first over the bridge , and then consult how to defend my s●lfe at my own leasure . royalists object that david in his defence never invaded and persecuted saul ; yea , when he came upon saul and his men sleeping , hee would not kill any ; but the scottish and parliaments forces not onely defend , but invade , offend , kill and plunder ; and this is cleerely an offensive , not a defensive warre . answ. there is no defensive warre different in spece and nature from an offensive warre , if we speake physically , they differ onely in the event and intention of the heart , and it is most cleare that the affection and intention doth make one and the same action of taking away the life , either homicide , or no homicide : if a man out of hatred deliberat●ly take away his brothers life , he is a murtherer catenus , but if that same man had taken away that same brothers life , by th●●lying off o● an axe he●d of● the staffe , while he was hewing timber , he neither hating him before , nor intending to hurt his brother , he is no murtherer , by gods expresse law , deut. . . deut. . ioshua . . . the cause betweene the king and the two parliaments , and betweene saul and david , are so different in this , as it is much for us : royalists say , david might if he had seene offending to conduce for s●lfe-preservation , have invaded sauls men , and say they , the case was extraordinary , and bindeth not us to selfe-defence ; and thus they must say ; for offensive weapons , such as goliahs sword , and an hoast of armed men , cannot by any rationall men be assumed ( and david had the wisdome of god ) but to offend , if providence should so dispose ; and so what was lawfull to david , is lawfull to us in self-defence , he might offend lawfully , and so may we . . if saul and the philistims ayming ( as under an oath ) to set up dagon in the land of israel , should invade david , and the princes and elders of israel who made him king ; and if david with an hoast of armed men , he and the princes of israel , should come in that case upon saul and the philistims sleeping , if in that case david might not lawfully have cut oft the philistims , and as he defended in that case gods church , and true religion , if he might not then have lawfully killed ( i say ) the philistims , i remit to the conscience of the reader . now to us papists and prelates under the k●n●s banner , are philistims , introducing the idolatry of bread-worship and popery , as hatefull to god , as dagon-worship . . saul intended no arbitrary government , nor to make israel a conquered people , nor yet to cut off all that professed the true worship of god ; nor came saul against these princes , elders and people who made him king , only davids head would have made saul lay downe arms ; but prelates , and papists , and malignants under the king , int●nd to make the kings sole will a law , to destroy the court of parliament , which putteth lawes in execution against their idolatry ; and their ayme is that protestants be a conquered people , and their attempt hath been hitherto to blow up king and parliament , to cut off all protestants , and they are in armes in divers parts of the kingdome , against the princes of the land , who are no lesse judges and deputies of the lord , then the king himselfe ; and would kill , and do kill , plunder and spoyle us , if we kill not them . and the case is every way now betweene armies and armies , as betweene a single man unjustly invaded for his life , and an unjust invader : neither in a naturall action , such as is self-defence , is that of policy to be urged ; none can be judge in his owne cause , when oppression is manifest ; one may be both agent and patient , as the fire and water conflicting ; there is no need of a judge , a community casts not off nature ; when the judge is wanting , nature is judge , actor , accused and all . lastly , no man is lord of his owne members , of his body , m. l. liber homo ff . ad leg . aqui. nor lord of his owne life , but is to be accountable to god for it . quest . xxxii . whether or no the lawfulnesse of defensive warres hath its warrant in gods word , from the example of david , elisha , the eighty priests who resisted uzziah , & c ? david defended himselfe against king saul , . by taking goliahs sword with him , . by being captaine to six hundred men , yea , it is more then cleare , chron. . that there came to david a hoast like the hoast of god , v. . to help against saul , exceeding foure thousand , v. . now that this hoast came warrantably to help him against saul , i prove , . because it is said , ver . . now these are they that came to david to ziglag , while he kept himselfe close , because of saul the son of kish ; and they were amongst the mighty men , helpers of the warre : and then so many mighty captains are rec●o●ed out , v. . there came of the children of benjamin and iudah to the hold of david , v. . and there fell some of manasseh to david . . as he went to ziglag there fell to him of manasseh ; ken●h , and jozabad , jediel and michael , and jozabad , and elihu , and zilthai captaines of the thousands that were of manasseh . . and they helped david against the band ( of the rovers . ) . at that time day by day there came to david , untill it was a great hoast , like the hoast of god. now the same expression that is ver . . where it is said , they came to help david against saul , which ver . . is repeated , ver . . ver . , , , , . . that they warrantably came , is evident ; because , . the spirit of god commendeth them for their valor and skill in war , ver . . ver . . ver . . ver . . which the spirit of ●od doth not in unlawfull wars . . because amasai , v. . the spirit of the lord comming on him , saith , thine are we , david , and on thy side , thou son of jesse ; peace , peace unto thee , and peace to thy helpers , for thy god helpeth thee . the spirit of god inspireth no man to pray peace , to those who are in an unlawfull warre . . that they came to davids side onely to be sufferers , and to flee with david , and not to pursue and offend , is ridiculous . . it is said , ver . . they came to david to ziglag , while he kept himselfe close , because of saul the son of kish . and they were amongst the mighty men , helpers of the warre . it is a scorne to say , that their might , and their helping in warre , consisted in being meere patients with david , and such as fled from saul : for they had beene on sauls side before ; and to come with armour to flee , is a mocking of the word of god. . it is cleare , the scope of the spirit of god is to shew how god helped his innocent servant david against his persecuting prince and master king saul , in moving so many mighty men of warre to come in such multitudes , all in armes , to help him in warre . now to what end would the lord commend them , as fit for warre , men of might , fit to handle shield & buckler , whose faces are as the faces of lyons , as swift as the roes on the mountaines , ver . . and commend them as helpers of david , if it were unlawfull for david , and all those mighty men , to carry armes to pursue saul and his followers , and to doe nothing with their armour but flee ? judge if the spirit of god in reason could say , all these men came armed with bowes , ver . . and could handle both the right hand and the left in slinging stones , and shooting of arrowes , and that ver . . all these came to david , being mighty men of valour , and they came as captains over hundreds and thousands , & they put to slight all them of the valleyes , both toward the east , and toward the west , ver . , . and that david received them , and made them captains of the band , if they did not come in a posture of warre , and for hostile invasion , if need were ? for if they came on●ly to suffer and to flee , not to pursue , bowes , captaines , and captaines of bands made by david and davids helpers in the warre , came not to help david by ●lying , that was a hurt to david , not a help . it is true , m. symmons saith , sam. . . those that came out to david , strengthened him , but he strengthened not them ; and david might easily have revenged himselfe on the ziphites , who did good will to betray him to the hands of saul , if his conscience had served him . answ. . this would inferre that these armed men came to help david against his conscience , and that david was a patient in the businesse , the contrary is in the text , sam. . . david became a captaine over them : and chron. . . if ye come peaceably to help me , my heart shall be knit to you . ver . . then david received them , and made them captains of the band . . david might have revenged himselfe upon the ziphites : true , but that conscience hindred him , cannot be proved . to pursue an enemie is an act of a councell of warre ; and he saw it would create more enemies , not help his cause . . to david to kill saul sleeping , and the people who out of a mis-informed conscienc● came out , many of them to help their lawfull prince against a traitor ( as was supposed ) seeking to kill their king , and to usurp the throne , had not been wisdome nor justice , because to kill the enemie in a just self-defence , must be , when the enemie actually doth invade , and the life of the defendant cannot be otherwise saved . a sleeping enemie is not in the act of unjust pursuit of the innocent ; but if an armie of papists , philistims were in the fields sleeping , pursuing not one single david onely for a supposed personall wrong to the king , but lying in the fields and campe against the whole kingdome and religion , & labouring to introduce arbitrary government , popery , idolatry , and to destroy lawes and liberties , and parliaments , then david were obliged to kill these murtherers in their sleep . if any say , the case is all one in a naturall self-defence , what ever be the cause , and who ever be the enemy , because the self-defender is not to offend ▪ except the unjust invader be in actuall pursuit , now armies in their sleep are not in actuall pursuit . answ. wh●n one man with a multitude invadeth one man , that one man may pursue , as he seeth most conducible for self-defence . now the law saith , threatnings and terror of armour maketh imminent danger , and the case of pursuit in self-defence lawfull ; i● therefore an armie of irish rebels and spanyards were sleeping in their camp , and our king in a deep sleep in the midst of them , and these r●b●ls actually in the camp besieging the parliament , and the citie of london , most unjustly to take away parliament , laws , and liberties of religion , it should follow that generall essex ought not to kill the kings majesty in his sleep , for he is the lords anointed , but . will it follow that generall essex may not kill the irish rebels sleeping about the king ? and that he may not rescue the kings person out of the hands of the papists and rebels , ensnaring the king , and leading him on to popery , and to employ his authority to defend popery , and trample upon protestant parliaments , and lawes ? certainly from this example this cannot be concluded . for armies in actuall pursuit of a whole parliament , kingdome , lawes , and religion , ( though sleeping in the camp ) because in actuall pursuit , may be invaded , and killed , though sleeping . and david useth no argument from conscience , why hee might not kill sauls armie , ( i conceive he had not armes to doe that ) and should have created more enemies to himselfe , and hazard his owne life , and the life of all his men , if he had of purpose killed so many sleeping men ; yea the inexpedience of that , for a private wrong to kill gods mis-led people , should have made all israel enemies to david . but david useth an argument from conscience onely , to prove it was not lawfull for him to stretch forth his hand against the king ; and for my part , so long as he remaineth king , and is not dethroned by those who made him king at hebron , to put hands on his person , i judge utterly unlawfull : one man sleeping cannot be in actuall pursuit of another man ; so that the self-defender may lawfully kill him in his sleep ; but the case is farre otherwise in lawfull wars , the israelites might lawfully kill the philistims encamping about jerusalem to destroy it , and religion , and the church of god , though they were all sleeping ; even though we suppose king saul had brought them in by his authority , & though he were sleeping in the midst of the uncircumcised armies ; and it is evident , that an hoast of armed enemies , though sleeping , by the law of self-defence may be killed , lest they awake and kill us ; whereas one single man , and that a king , cannot be killed . . i think certainly , david had not done unwisely , but hazarded his owne life , and all his mens , if he , and ahimelech , and ab●shai should have killed an host of their enemies sleeping , that had been a work , as impossible to three , so hazard some to all his men . d. ferne , as arnisaeus did before him , saith , the example of david was extraordinary , because he was anointed and designed by god as successor to saul , and so he must use an extraordinary way of guarding himselfe . arnisaeus citeth alberic . gentilis , that david was now exempted from amongst the number of subjects . answ. there were not two kings in israel now , both david and saul . . david acknowledgeth his subjection in naming saul the lords anointed , & his master , lord & king ; and therefore david was yet a subject . . if david would have proved his title to the crowne by extraordinary wayes , he who killed goliah extraordinarily , might have killed saul by a miracle ; but david goeth a most ordinary way to work , for self-defence , and his comming to the kingdom was through persecution , want , eating shew-bread in case of necessity , defending himself with goliahs sword . . how was any thing extraordinary , and above a law , seeing david might have killed his enemie saul , and according to gods law he spared him ? and hee argueth from a morall duty , he is the lords annoynted , therefore i will not kill him ? was this extraoardinary above a law ? then according to gods law he might have killed him . royalists cannot say so , what ground to say one of davids acts in his deportment toward saul was extraordinary , and not all ? was it extraordinary that david fled ? no : or that david consulted the oracle of god , what to do when saul was coming against him ? . in an ordinary fact something ●ay be extraordinary , as the dead sleep from the lord upon saul , and his men . . sam. . and yet the fact according to its substance ordinary . . nor is this extraordinary , that a distressed man , being an excellent warriour as david was , may use the help of six hundred men , who by the law of charity are to help to deliver the innocent from death ; yea , all israel were obliged to defend him , who killed goliah . . royalists make davids act of not putting hands on the lords annointed an ordinary morall reason against resistance , but his putting on of armour , they will have extraordinary , and this 〈◊〉 ( i confesse ) a short way to an adversary to cull out something t●at is for his cause , and make it ordinary , and something that is against his cause , must be extraordinary . . these men by the law of nature were obliged to joyne in armes with david , ergo the non-helping of an oppressed man , must be gods ordinary law : a blasphemous tenet . . if david by an extraordinary spirit killed ●ot king saul , then the jesuits way of killing must be gods ordinary law. . david certainly intended to keep keilah against king saul , for the lord would not have answered david in an unlawfull fact , for that were all one , as if god should teach david how to play the traitor to his king ; for if god had answ●red , they will not deliver thee up , but they shall save thee from the hand of saul , as david beleeved he might say this , as well as its contradicent , then david behoved to keep the city , for certainly davids question pre-supposeth he was to keep the city . the example of elisha the prophet is considerable , kings . . but elisha sate in his house , and the elders with him : and the king sent a man before him ; but ●re the messengers came to him , he said to the elders , see now the sonn● of a murtherer , hath sent to take away mine head . here is unjust violence offered by king ioram to an innocent man. elisha keepeth the house violently against the kings messenger , as we did keep castles against king charles his unlawfull messengers . look ( saith he ) when the messenger commeth , shut the doore . . there is violence also commanded , and resistence to be made , hold him fast at the doore . in the hebrew it is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias montan. claudite ostium , & opprimetis eum in ostio : violently presse him at the doore : and so the chaldee paraphrase , ierom. ne sinatis eum introir● . the lxx . interpreters , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , illidite eum in ostio , presse him betwixt the doore and the wall . it is a word of bodily violence , according to vatablus , yea theodoret will have king ioram himselfe holden at the doore . and . it is no answer that d. ferne and other royalists give , that elisha made no personall resistance to the king himselfe , but onely to the kings cut-throat , sent to take away his head . yea they say , it is lawfull to resist the kings cut-throats . but the text is cleere , that the violent resistance is made to the king himselfe also , for he addeth , is not the sound of his masters feet behinde him ? and by this answer , it is lawfull to keep townes with iron gates and barres , and violently to oppose the kings cut-throats , comming to take away the heads of the parliaments of both kingdomes , and of protestants in the three kingdomes . some royalists are so impudent , as to say that there was no violence here , and that elisha was an extraordinary man , and that it is not lawfull for us to call a king the son of a murtherer , as the prophet elisha did : but ferne sect . . pag. . forge●ting himselfe , saith from hence , it is lawfull to resist the prince himselfe , thus farre , as toward his blowes , and hold his hands : but let ferne answer , if the violent binding of the princes hands , that he shall not be able to kill , be a greater violence done to his royall person , then davids cutting off the lap of sauls garment ; for certainly , the royall body of a prince is of more worth then his cloathes . now it was a sinne , i judge , that smote davids conscience , that he being a subject , and not in the act of naturall self-defence , did cut the garment of the lords annointed . let ferne see then how he will save his owne principles , for certainly hee yeeldeth the cause for me ; i judge that the person of the king , or any judge , who is the lords deputy , as is the king , is sacred , and that remaining in that honourable case , no subject can without guiltinesse before god , put hands in his person , the case of naturall self-defence being excepted : for because the royall dignity doth not advance a king above the common condition of men , and the throne maketh him not leave off to bee a man , and a man that can do wrong ; and therefore as one that doth manifest violence to the life of a man , though his subject , he may be resisted with ●od●ly 〈◊〉 in the case of u●j●st and violent invasion . it is a vaine thing to say , who shall be judge betweene the king and his subj●cts ? the ●ubject cannot judge the king , because none can be judge in his owne cause , and an inferiour or equall cannot judge a superiour or equall . but i answer , . this is the kings owne cause also , and he doth unjust violence as a man , and not as a king , and so he cannot be judge more then the subject . . every one that doth unjust violence as he is such , is inferiour to the innocent , and so ought to be judged by some . . there is no need of the formality of a judge in things evident to natures eye , such as are manifestly unjust violences : nature in acts naturall of self-defence , is judge , party , accuser , witnesse , and all ; for it is supposed the judge is absent , when the judge doth wrong . and for the plea of elisha's extraordinary spirit ; it is no thing extraordinary to the prophet to call the king the sonne of a murtherer , when hee complaineth to the elders for justice of his oppression , no more then it is for a plaintiffe to libell a true crime against a wicked person ; and if elisha's resistance came from an extraordinary spirit , then it is not naturall for an oppressed man to close the doore upon a murtherer , then the taking away of the innocent prophets head must be extraordinary , for this was but an ordinary and most naturall remedy against this oppression ; and though to name the king the sonne of a murtherer , be extraordinary , ( and i should grant it without any hurt to this cause ) it followeth no wayes that the self-defence was extraordinary . . . chron. . . foure score of priests , with azariah are commended as valiant men . lxx . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias montan. filii virtutis , men of courage and valour , for that they resisted vzziah the king , who would take on him to burne incense to the lord , against the law. m. symmons pag. . sect . . they withstood him not with swords and weapons , but onely by speaking , and one but spake . i answer ; it was a bodily resistance : for beside that , ierome turneth it , viri fortissimi , most valiant men ; and it is a speech in the scripture , taken for men valorous for warre ; as sam. . . sam. . . chron. . . and so doth the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 potent in valour . and the phrase , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sam. . . sam. . . sam. . . and therefore all the . not onely by words , but violently expelled the king out of the temple . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias mont. & ●●●eterunt contra a huzzi-iahu . the lxx . say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . they resisted the king , so dan. . . the armies of the south shall not stand . dan. . it is a word of violence . . the text saith ver . . and , they thrust him out . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ar. mont. & fecerunt eum festinare . hy●rony . festinatò expulerunt eum . the lxx . say , the priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so vatablus , they cast him out . and . it is said ver . . he was cut off from the house of the lord. doctor ferne saith sect . . pag. . they are valiant men who dare withstand a king in an evil way , by a home reproofe , and by withdrawing the holy things from him , especially since by the law the leper was to be put out of the congregation . ans. . he contradicteth the text , it was not a resistance by words , for the text saith they withstood him , and they thrust him out violently . . he yeeldeth the cause , for to withdraw the holy things of god , by corporall violence , and violently to pull the censer out of his hand , that he should not provoke gods wrath , by offering incense to the lord is resistance , and the like violence may , by this example , be used , when the king useth the sword and the militia to bring in an enemy to destroy the kingdom : it is no lesse in justice against the second table , that the king useth the sword to destroy the innocent , then to usurpe the censor against the first table . but doctor ferne yeeldeth that the censor may be pulled out of his hand , lest he provoke god to wrath . ergo , by the same very reason , à fortiore , the sword , the castles , the sea-ports , the militia may be violently pulled out of his hand , for if there was an expresse law that the leper should be put out of the congregation , and therefore the king also should be subject to his church-censor , then he subjecteth the king to a punishment to be inflicted by the subjects , upon the king , ergo the king is obnoxious to the coactive power of the law . . ergo , subjects may judge him and punish him . . ergo he is to be subject to all church-censors , no lesse then the people . . there is an expresse law that the leper should be put out of the congregation . what then ? flattering court divines say the king is above all these lawes , for there is an expresse law of god as expresse as that ceremoniall on touching lepers , and a more binding law , that the murtherer should die the death . will royalists put no exception upon a ceremoniall law of expelling the leper , and yet put an exception upon a divine morall law , concerning the punishing of murtherers given before the law on mount sinai . gen. . . they so declare that they accept the persons of men . . if a leper king could not actually sit upon the throne , but must be cut off from the house of the lord , because of an expresse law of god , these being inconsistent , that a king remaining amongst gods people , ruling and raigning , should keep company with the church of god , and yet be a leper who was to be cut off , by a divine law from the church , now i perswade my self that far lesse can he actually raigne in the full use of the power of the sword , if he use the sword to cut off thousands of innocent people , because murthering the innocent and fatherles , and royall governing in righteousnesse and godlinesse are more inconsistent , by gods law , being morally opposite , then remaining a governour of the people , and the disease of leprosie , are incompatible . . i think not much that barcley saith cont . monar . l. . c. . vzziah remained king , after he was removed from the congregation for leprosie . . because that toucheth the question of dethroning kings , this is an argument brought for violent resisting of kings , and that the people did resume all power from vzziah , and put it in the hand of iotham his son , who was over the kings house , judging the people of the land . ver . . and by this same reason the parliaments of both kingdomes may resume the power once given to the king , when he hath proved more unfit to governe morally , then vzziah was ceremonially , that he ought not to judge the people of the land in this case . . if the pri●sts did execute a ceremoniall law upon king vzziah , far more may the three estates of scotland , and the two houses of parliament of england execute the morall law of god on their king. if the people may covenant by oath to rescue the innocent and unjustly condemned , from the sentence of death notoriously known to be tyranous and cruel , then may the people resist the king in his unlawfull practises . but this the people did in the matter of ionathan . m. symmons saith pag. . and doctor ferne § . . . that with no violence , but by prayers and teares the people saved jonathan , as peter was rescued out of prison by the prayers of the church , king saul might easily be intreated to break a rash vow to save the life of his eldest son . ans. . i say not the common people did it , but the people including proceres regni , the princes of the land , and captaines of thousands . . the text hath not one word or syllable of either prayers , supplications or teares , but by the contrary . they bound themselves by an oath , contrary to the oath of saul . sam. . . and swear . ver . . god forbid , as the lord liveth , there shal not one hair of his head fall to the ground , so the people rescued ionathan . the church prayed not to god for peters deliverance with an oath , that they must have peter saved whether god will or no. . though we read of no violence used by the people , yet an oath upon so reasonable a ground . . without the kings consent . . contrary to a standing law , that they had agreed unto , ver . . . contradictory to the kings sentence and unjust oath . . spoken to the king in his face , all these prove that the people meaned , and that the oath ex conditione operis , tended to a violent resisting of the king in a manifestly unjust sentence . chrysostom . hom . . ad pop. antioch . accuseth saul as a murtherer in this sentence , and praiseth the people . so iunius , peter martyr , ( whom royalists impudently cite ) so cor. à lap . zanch. lyra , and hug. cardinalis say it was tyranny in saul , and laudable that the people resisted saul , and the same is asserted by iosephus l. . antiquit . c. . so althus . polyt . c. . n. . we see also chron. . . that libnah revolted from under iehoram , because he had forsaken the lord god of his fathers . it hath no ground in the text that royalists say , that the defection of lybnah is not justified in th●●ex● , but the cause is from the demerit of wicked iehoram , because he made defection from god , libnah made defection from him , as the ten tribes revolted from rehoboam for solomons idolatry , which before the lord procured this defection , yet the ten tribes make defection for oppression . i answer , where the literall meaning is simple and obvious , we are not to go from it . the text sheweth what cause moved libnah to revolt , it was a town of the levites , and we know they were longer sound in the truth then the ten tribes , . chron. . , . hos. . . lavater saith iehoram hath pressed them to idolatry , and therefore they revolted . zanch. cor. à lap. saith , this was the cause that moved them to revolt , and it is cleare ver . . he caused judah and the inhabitants of jerusalem to go a whoring from god , and no doubt tempted libnah to the like . yea the city of abel sam. . did well to resist ioab , davids generall , for he came to destroy a whole city for a traitors sake , for sheba , they resisted and defended themselves , the wise woman calleth the city a mother in israel , and the inheritance of the lord. ver . . and ioab professeth ver . . far be it from him to swallow up and destroy abel . the woman saith ver . . they said of old , they shall surely ask counsell at abel , and so they ended the matter , that is , the city of abel was a place of prophets and oracles of old where they asked responses of their doubts , and therefore peace should be first offered to the city before ioab should destroy it ; as the law saith , deut. . . from all which it is evident , that the city , in defending it self did nothing against peace , so they should deliver sheba the traitour to ioabs hand , which accordingly they did : and ioab pursued them not as traitors for keeping the city against the king , but professeth in that they did no wrong . quest . xxxiii . whether or no the place rom. . . prove that in no case it is lawfull to resist the king ? the speciall ground of royalists from rom. . against the lawfulnesse of defensive wars , is to make paul , rom. . speake onely of kings . hugo grotius de jure belli & pac . l. . c. . num . . barclay cont . monarch . l. . c. . saith , though ambrose expound the place rom. . de solis regibus , of kings onely , ( this is false of kings onely , he doth not , but of kings principally ) yea it followeth not that all magistrates , by this place , are freed from all lawes , because ( saith he ) there is no iudge above a king on earth , and therefore he cannot be punished ; but there is a iudge above all inferiour iudges , and therefore they must be subject to lawes . so d. ferne followeth him , sect . . pag. . and our poore prelate must be an accident to them , sacr. san. maj. cap. . pag. . for his learning cannot subsist per se. . assert . in a free monarchie ( such as scotland is known to be ) by the higher power rom. . is the king principally in respect of dignity understood ; but not solely and onely , as if inferiour judges were not higher powers . . i say in a free monarchie : for no man can say , that where there is not a king , but onely aristocracie , and government by states , as in holland , that there the people are obliged to obey the king ; and yet this text , i hope , can reach the consciences of all holland , that there every soul● must be subject to the higher powers , and yet not a subject in holland is to be subject to any king : for non entis nulla sunt accidentia . . i said the king in a free monarchie is here principally understood in regard of dignity , but not in regard of the essence of a magistrate , because the essence of a magistrate doth equally belong to all inferiour magistrates , as to the king , as is already proved , ( let the prelate answer if he can ) for though some judges be sent by the king , and have from him authority to judge , yet this doth no more prove that inferiour judges are unproperly judges , and onely such by analogie , & not essentially ; then it will prove a citizen is not essentially a citizen , nor a church-officer essentially a church-officer , nor a sonne not essentially a living creature , because the former have authority from the incorporation of citizens , and of church-officers , and the latter hath his life by generation from his father , as gods instrument . for though the citizen and the church-officers may be judged by their severall incorporations that made them , yet are they also essentially citizens and church-officers , as those who made them such . . assert . there is no reason to restrain the higher powers to monarchs onely , or yet principally , as if they onely were essentially powers ordained of god , . because he calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , higher powers . now this will include all higher powers , as piscator observeth on the place . and certainly rome had never two or three kings to which every soule should be subject , if paul had intended that they should have given obedience to one nero , as the onely essentiall judge he would have designed him by the nowne in the singular number . . all the reasons that the apostle bringeth to prove that subjection is due , agreeth to inferiour judges , as well as to emperours , for they are powers ordained of god , and they beare the sword , and we must obey them for conscience sake , and they are gods deputies , and their judgement is not the judgement of men , but of the lord , chron. . , . deut. . . numb . . , . tribute and wages be no lesse due to them , as ministers and servants , for their work , then to the king , &c. . the apostle could not omit obedience to the good civill lawes enacted by the senate , nor could he omit to command subjection to rulers , if the romanes should change the government , and abolish monarchie , and erect their ancient forme of government before they had kings . . this is canonicall scripture , and a cleare exposition of the first commandement , and so must reach the consciences of all christian republicks , where there is no monarchie . . parallel places of scripture prove this . paul , tim. . , . will have prayers made to god , for kings , and for all that are in authority , and the intrinsecall ●nd of all is , a godly , honest , and peaceable life . and pet. . . submit to every ordinance of man for the lords sake . tit. . . it is true , subjection to nero , of whom tertullian said , apol. . nihil nisi grande bonum à nerone damnatum , is commanded here , but to nero as such an one as he is obliged , de jure , to be , ( whether you speak of the office , in abstracto , or of the emperour , in concret● , in this notion , to me it is all one ) but that paul commandeth subjection to nero , and that principally and solely , as he was such a man , de facto , i shall then beleeve , when antichristian prelats turn pauls bishops , tim. . which is a miracle . . inferiour judges are not necessarily sent by the king , by any divine law , but chosen by the people , as the king is ; and de facto , is the practise of creating all magistrates of cities in both kingdomes . . augustin . expos . prop. . on epist. rom. irenaeus l. . c. . chrysostom . in psal. . and on the place , hieron . epist. . advers . vigilant , expound it of masters , magistrates ; so do calvin , beza , pareus , pis●ator , rollocu . marlorat . so do popish writers , aquinas , lyra , hugo cardinal . carthus . pirerius , toletus , cornel. à lapide , salmeron , estius , expound the place ; and therefore there is no argument , that royalists hence draw against resisting of the king by the parliaments ; but they do strongly conclude against the cavalliers unlawfull warres against the parliaments and estates of two kingdomes : here what p. p. saith to the contrary . . they are called eminent powers . ergo , kings only . answ. it followeth not , for these can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tim. . . but these are not kings , but in the text contradivided from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , kings , and they can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , principalities and powers . . the reason of the apostle proveth clearely , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cannot meane kings onely , for paul addeth of that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for there is no power but of god : it must be there is no supereminent royall power , but it is of god , and the powers royall onely ( so he must meane ) that are , are ordained of god. now this latter is manifestly false , for inferiour powers are of god ; the power of the roman senate , of a master , of a father , are of god. p. prelate . peter must expound paul , and pauls higher powers must be , pet. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . more reason that paul expound paul : now tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , all in authority are not kings . p. prelate . ( are of god ) or ( ordained of god ) cannot so properly be understood of subordinate powers , for that is not by immediate derivation from god , but immediately from the higher power the king , and mediately from god. answ. it is most false that king david is so immediatly a king from god , as that he is not also by the mediation of the peopl● , who made him king at hebron . . the inferiour magistrat●s are also immediate vicars and ministers of god as the king , for their throne and judgement is not the kings , but the lords , deut. . . chron. . . . though they were mediatly from man , it followeth not that they are not so properly from god , for wisdome prov. . saith as properly , ver . . by me princes rule , and nobles , even all the iudges of the earth , as ver . . by me kings reigne ; and promotion is as properly from god , and not from the east , and the west , psal. . , . though god promote ioseph by the thankfull munificence of pharaoh , and mordecai by ahasuerus , daniel by darius , as if he gave them power and honour immediately from heaven . prelat . learned interpreters expound it so . answ. it is an untruth , for none expound it onely and principally of kings . produce one interpreter for that conceit . prelat . paul wrote this when nero was monarch . answ. then must the text be expounded of nero only . . he wrote this when nero played the tyrant , and persecuted christians : ergo , we are not to disobey nero's now . . he wrote it when the senate of rome had power to declare nero an enemy , not a father ; as they did . p. prelat . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be referred to the antecedent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and this , there is no power , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but of god ; must undeniably inferre , there is no supreme power but of god ; and so soveraignty relates to god as his immediate author ; so sectaries reason , gal. . . not justified by works , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) but by faith onely . then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , must be a perfect exclusive , else their strong hold for iustification is overthrowne . answ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hath a neerer antecedent , which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is alone without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and this grammer is not so good as beza's , which hee rejected . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , will referre to god alone , as the onely cause , in genere causae primae . god alone giveth raine : but not for that immediatly , but by the mediation of vapours and clouds . god alone killeth and maketh alive , deut. . . that is , excluding all strange gods , but not immediatly ; for by his peoples fighting , he slew og king of bashan , and cast out seven nations , yet they used bow and sword , as it is in the booke of ioshua ; and therefore god killed not og immediately . god hath an infinite , eminent , transcendent way of working , so that in his kinde he onely worketh his alone : deus solus operatur solitudine primae causae , non solus solitudine omnis causae , god onely giveth learning and wisdome , yet not immediatly alwayes ; often he doth it by teaching , and industry . god onely maketh rich , yet the prelates make themselves rich also with the fat of the flock , and god onely maketh poore ; yet the p. prelates courts mediately also under god , ●ade many men poore . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is not such an exclusive particle when we ascribe it to god , as when we ascribe it to two created c●uses , workes , and faith ; and the protestants forme of arguing , gal. . to prove we are justified by faith , he calleth our strong hold : ergo. it is not his strong hold . in this point then hee must be a papist , and so he refuses to owne protestant strong holds , for justification by faith alone . d. ferne s●ct . . pag. . as many as have soules must be subject to the higher powers spoken of here ; but all inferiour iudges have soules . answ. if the word ( soules ) be thus pressed , none shall be understood by higher powers , but the king onely . . certainly , he that commandeth as he commandeth , must be excepted , except , because the king ha●h a soule , you must subject the king to himself , and to his owne commandements royall ; and so to penall lawes . . inferiour judges , as judges by this text , must either be subject to themselves as judges , and by the same reason , the king must be subject to himselfe , as he is a judge : or judges as men , or as erring men are to be subject ; which i would grant , but they are not subject as judges , no more then one as he commandeth , can also obey as he command●th . these are contradictory ; i am not put off that opinion since i was at schools , species subjicibilis qua subjicibilis non est praedicabilis . . ●f nero make fathers rulers over their mothers and children , and command them , by his publique sword of justice , to kill their own● children and mothers ; if a senate of such fathers disobey , and if with the sword they defend their own children and mothers , which some other do●gs as judges are to kill , in the name and commandement of nero : then they resisting neroes bastard-commandment , by ●his doct●ine resist the ordinance of god , and resist the minister of god. i have not a faith stretcht out so farre to the prelates court-divinity . yet ferne saith , there was never more cause to resist higher powers , for their wicked nero was emperour , when he now forbideth resistance rom. . under the paine of damnation . i desire to be informed , whether to resist the kings servants be to resist the king. doctor ferne p. . § . . p. . and par . . § . . p. . allow us in unavoidable assaults , where death is imminent , personall defence without offending , as lawfull , whether the king or his emissaries invade , without law or reason . well then , the resisting then of the kings cut-throats , though they have a personall command of the king to kill the innocent , yet if they want a legall , is no resisting of the king , not as king , and the servant hath no more then the master giveth , but the king in lawlesse commandements gave nothing royall to his cut-throates , and so nothing legall . quest . xxxiiii . whether royalists by cogent reasons do prove the unlawfulnesse of defensive warres ? what reasons have already been discussed , i touch not . obj. . arnisaeus de authorit princ●p . c. . num . . if we are to obey our parents , not if they be good , but simply whether they be good or ill ( so iust. saith of the king , quamvis legum contemptor , quamvis impius , tamen pater § . si vero in ff . vos . . ) then must we submit to wicked kings . ans. valeat totum , we are to submit to wicked kings , & wicked parents , because kings , and parents : but when it cometh to actuall submission , we are to submit to neither but in the lord ; the question is not touching subjection to a prince , let him be nero , but if in acts of tyranny we may not deny subjection : there be great odds betwixt wicked rulers , and rulers commanding or punishing unjustly . obj. . arnisaeus c. . n. . we may resist an inferior magistrate . ergo , we may resist the supreame , it followeth not , for an inferiour judge hath a majesty in fiction onely , not properly : treason is , or can onely be committed against the king , the obligation to inferiour judges is onely for the prince , the person of none is sacred and inviolable but the kings . ans. we obey parents , masters , kings , upon this formall ground , because they are gods deputies , and set over us , not by man , but by god : so that not onely are we to obey them because what they command is good and just ( such a sort of obedience an equall owes to the counsell of either equall or inferiour ) but also by vertue of the fift commandement , because of their place of dignity : now this majesty which is the formall reason of subjection is one and the same in spece and nature in king and constable , and onely different gradually in the king and in other judges , and it is denyed that there is any incommunicable sanctity in the kings person which is not in some degree in the inferiour judge , all proceedeth from this false ground , that the king and inferiour judges differ in nature , which is denied : and treason inferiour may be committed against an inferiour judge , and it is a fiction that the inferiour judge doth not resemble god , as the king doth , yea there is a sacred majesty in all inferiour judges , in the aged , in every superiour , wherefore they deserve honour ▪ feare and reverence . suppose there were no king on earth , as is cleare in scripture . exod. . . levit. . . esther . . psal. . . prov. . . math. . . heb. . . isa. . lam. . . mal. . . psal. . . and this honour is but united in a speciall manner in the king , because of his high place . obj. . a king elected upon conditions may be resisted . ans. he is as essentially a king , as a hereditary , yea as an absolute prince , and no lesse the lords annoynted then another prince , if then one , also another may be resisted . obj. . the oath of god bindeth the subjects . ergo , they must obey , not resist . ans. obedience and resistance are very consistent . . no doubt the people gave their oath to athaliah , but to her as the onely heir of the crown , they not knowing , that ioash the lawfull heir was liveing , so may conditionall oaths ( all of this kinde are conditionall ) in which there is interpretative and virtuall ignorance , be broken , as the peopl● swear loyalty to such a man conceived to be a father , he after that turneth tyrant , may they not resist his tyranny ? they may . also no doubt israel gave their oath of loyalty to iabin , ( for when nebuchadnezer subdued iudah he took an oath of loyalty of their king. ) yet many of zabulon , nepthali , and isachar , barack leading them , conspired against iabin . obj. . there is no law to take a kings life , if he turne a nero , we never read that subjects did it . ans. the treatise of unlimited prerogative saith , p. . we read not that a father killing his children , was killed by them , the fact being abhominable . . the law gen. . . levit. . . ●xcepteth none . see deut. . . the dearest that nature knoweth , are not excepted . obj. . vengeance pursued core , dathan and abiram who resisted moses . ans. from resisting of a lawfull magistrate , in a thing lawfull , it followeth not , it must be unlawfull to resist kings , in tyrannous acts . obj. . exod. . . thou shalt not revile the gods , nor curse the ruler of the people . exod. . . curse not the king , no not in thy thought , nor the rich in thy bed-chamber . ans. . the word elohim signifieth all judges , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nasi signifieth one lifted up above the people , saith rivetus in loc . whether a monarch , or many rulers . all cursing of any is unlawfull , even of a private man , rom. . . ergo we may not resist a private man by this : the other text readeth , contemne not the king. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in scientiâ tuâ . aria . mon. or in thy conscience or thought : and it may prove resisting any rich man to be unlawfull . nothing in word or deed tending to the dishonour of the king may be done , now to resist him in self-defence , being a commandment of god in the law of nature cannot fight with another commandment to honour the king , no more then the fift commandement can fight with the six●h , for all resistance is against the judge , as a man exce●ding the limits of his office , in that , wherein he is resisted , not as a judge . obj. . eccles. . . . where the word of a king is , there is power : and who may say to him , what dost thou ? ergo , the king cannot be resisted . ans. . tremel . saith well , that the scope is that a man go not from the kings lawfull command in passion and rebellion . vatab. if thou go from the king in disgrace , strive to be reconciled to him quickly . cajetan . vse not kings too familiarly , by comming too quickly to them , or going too hastily from them . plutarch , cum rege agendum ut cum rogo , neither too neere this fire , nor too farre off . those have smarted who have been too great in their favour , ahasuerus slew haman , alexander so served clitus , and tiberius sejanus , and nero seneca . but th● 〈◊〉 is cleare , rebellion is forbidden , not resistance , so the hebrew , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 stand not in an evil matter , or in a rebellion . and he dehorteth from rebellion against the king , by an argument taken from his power . . for he doth whatsoever pleaseth him . . where the word of a king is , there is power , and who may say unto him , what doest thou ? the meaning is in way of justice , he is armed with power that cannot be resisted , other wayes samuel said to king saul , sam. . . thou hast done foolishly . eliah said more to ahab then what hast thou done ? and the prophets were to rebuke sinne in kings , king. . . ier. . . chap. . . hos. . , . and though solomon here give them a power , he speaketh of kings as they are de facto ; but de jure they are under a law , deut. . . if the meaning be , as royalists dreame , he doth whatsoever hee will or desireth , as a prince , by his royall , that is , his legall will , by which he is lex animata , a breathing law ; we shall owne that as truth , and it is nothing against us . but if the meaning be , that de jure , as king , he doth whatsoever he will , by the absolute supremacie of royall will above all law and reason ; then ioram should by law as king , take elisha's head away , and elisha resisted god , in saying , what doth the king ? and he sinned in commanding to deal rougbly with the kings messenger , and hold him at the doore : then the foure●core valiant priests , who said to king vzziah , what dost thou ? resisted him , in burning incense , which he desired to doe , sinned ; then pharaoh , who said , ezech. . . the river nilus is mine , i have made it for my selfe : and the king of tyrus , ezek. . . i am god , i sit in the seat of god , should not be controlled by the prophets , and no man should say to them , what sayest thou ? did cyrus as a king , with a royall power from god , and jure regio , be angry at the river gyndes , because it drowned one of his horses , and punish it , by dividing it in . channels ? sen. l. . de ira , c. . and did xerxes , jure regio , by a royall power given of god , when hellespontus had cast downe his bridges , command that three hundred whips should be inflicted on that little sea , and that it should be cast in fetters ? and our royalists will have these mad fooles , doing these acts of blasphemous insolencie against heaven , to be honoured as kings , and to act those acts by a regall power . but heare , flatterers , a royall power is the good gift of god , a lawfull and just power . a king acting and speaking as a king , speaketh and acteth law and justice . a power to blaspheme is not a lawfull power ; they did and spake thes● things with a humane and a sinfull will , if therefore this be the royali●ts meaning , as kings , . they are absolute , and so the limited and elected king is no king. . the king as king is above gods law , put on him by god , deut. . . his will is the measure of good and ill . . it were unlawfull to say to the king of cyrus , what sayest thou ? thou art not god , according to this vaine sense of royalists . obj. . elihu saith , iob . . is it ( fit ) to say to a king , ( thou art ) wicked , and to princes , ( ye are ) ungodly ? ergo , you may not resist kings . ans. . this text no more proveth that kings should not be resisted , then it proveth that rich men , or liberall men , or other judges in●eriour , should not be resisted , for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth all that , and it signifieth liberall , isa. . . and ver . . the same word is . . deodat . and calvin say , the meaning is , learne from the respect that is due to earthly princes , the reverence due to the soveraign lord , mal. . . for it is not convenient to reproach earthly kings , and and to say to a prince , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beliel , a word of reproach , signifying extreme wickednesse . and you may not say to a man of place , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an extreamly wicked man , so are the words taken , as signifying most vile and wicked men , sam. . . sam. . . sam. . . psal. . , . psal. . . psal. . . prov. . . psa. . . and in infinite places . for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a word of extreme reproach , comming from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sine , non , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profuit , iud. . . a most naughtie and a lewd man , or from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jugum , a lawlesse man , who hath cast off all yokes of gods or mans law. so then the meaning is , it is unlawfull to reproach earthly princes and men of place , farre more is it unlawfull to reproach the judge of the whole earth with injustice . and what then ? we may not reproach the king , as shimei cursed king david , ergo , it is unlawfull to resist the king in any tyrannous act : i shall deny the consequence . nay , as pineda observeth , if the royalist presse the words literally , it shall not be lawfull for prophets to reprove kings of their sins . christ called herod a fox , elias ahab , one that troubled israel . obj. . act. . paul excuseth himselfe that he called ananias the high-priest a whited wall . answ. rivetus , exo. . learnedly discussing the place , thinketh paul , professing he knew him not to be the high-priest , speaketh ironically , that he could not acknowledge such a man for a judge . piscator answereth , he could not then cite scripture , it is written , exod. &c. ans. but they may well consist , in that act of smiting paul unjustly , he might be reproached , otherwise it is not lawfull to reproach him ; and surely it is not like that paul was ignorant that he was a judge . yea it is certain he knew him to be a judge . . he appeared before him as a judge , to answer for himselfe . . paul saith expresly he was a judge , ver . . sittest thou to judge me after the law ? &c. and therefore the place is for us , for even according to the mind of all , the fault was ( if there were any ) in calling him a whited wall : and he resisted him in judgement , when he said , commandest thou me to be smitten against the law ? . though royalists rather put a fault on the apostle paul now in the act of prophecying judgement against ananias , which after fell out , then upon their god the king ; yet the consequence amounteth but to this , we may not revile the high priest , ergo we may not resist the ki●g in his illegall commandments . it followeth not . yea it should prove , if a prelate come in open war to kill the innocent apostle paul , the apostle might fly or hold his hands , but might not re-offend : now the prelate is the high priests successor , and his base person so is as sacred as the person of the lords anointed , the king. hence the cavalliers had in one of their colours which was taken by the scots at the battle of marston , iul. . an. the crowne and the prelates mitre painted with these words , nolite tangere christos meos , as if the antichristian mitre were as sacred as the lawfull crowne of the king of brita●ne . obj. . ferne , sect . . . if the senate and people of rome , who a little before had the supreme government over the th●n emperors , that of subjects had made them lords , might not resist their emperours , much lesse can the peopl● of england have power of resistance , against the succession of this crowne , descending from the conqueror , who by force of armes , but in justice , conquered the kingdom . answ. . though the roman emperours were absolute ( of which i much doubt ) and th●ugh the senate had made them absolute , i deny that therefore they cannot be resisted . t●e unlawfull resistance condemned by paul rom. . is not upon the ground of absol●tenesse , which is in the court of god nothing , being never ordained of god , but upon reasons of conscience , b●cause the powers are of god , and ordained of god. but some may say , volenti non fit injuria , if a people totally resigne their power , and swear non-resistance to a conqueror , by compact , they cannot resist . i answer , neither doth this follow , because it is an unlawfull compact , and none is obliged to what is unlawfull . for . it is no more lawfull for me to resigne to another my power of naturall self-defence , then i can resigne my power to defend the innocent drawne to death , and the wives , children and posterity that god hath tyed me unto . . the people can no more resigne power of self-defence , which nature hath given them , then they can be guilty of self-murther , and be wanting in the lawfull defence of kingdome and religion . . though you make one their king with absolutenesse of power , yet when he use that transcendent power , not for the safety , but for the destruction of the state , it is knowne they could not resigne to another that power which neither god nor nature gave them , to wit , a power to destroy themselves . . i much doubt if the roman emperour was absolute , when paul wrote this . iustinian saith so , digest . l. . tit . . but he is partiall in this cause . bodine de repub . l. . c. . pag. . proveth that the roman emperours were but princes of the common-wealth , and that the soveraignty remained still in the senate and people . marius salamon . writeth sixe books , de principatu , on the contrary . how could they make their emperours absolute ? livie saith , the name of a king was contrary to a senate liberty . florus , nomen regis invidiosum , they instituted a yearly feast , february . called regifugium . cicero , as augustine observeth , regem romae post haec nec dii , nec homines esse patiantur . the emperours might doe something de facto , but lex regia was not before vespasians time . augustus took on him to be tribune of the people , from ten yeares to ten . suetonius and tacitus say , the succeeding kings encroached by degrees upon the peoples liberty . for speedier execution of law , the kings in time of warre were forced to doe many things without the senate , and after the reigne of emperours , though there were no plebescita , yet there were senatusconsulta , and one great one is , that the senate declard nero to be an enemie to the state. it is thought , iulius caesar in the warre against pompey , subdued the romans , and the senate , and they were subdued againe in the battaile of octavius , against cassius and brutus . but tacitus saith , that was de facto , not de jure , anal. l. . s. . rome ruere in servitium , consules , patres , eques . caligula intended to assume diadema , the ensigne of a king , but his friends disswaded him . . england is obliged to d. ferne , who maketh them a subdued nation . the contrary of which is known to the world . obj. m. simmons loyall subj . beliefe , sect . . pag. . god is not honoured by being resisted , no more is the king. answ. i deny the consequence . those who resist the kings personall will , and will not suffer him to ruine his crowne and posterity in following papists , against his oath at the coronation , do honour him and his throne and race as a king , though for the time they displease him . . vzz●ah was not dishonoured in that he was resisted . . nor doe we honour the king , when we flee from him and his law. yet that resistance is lawfull , according to the way of royalists ; and in truth also . object . . supreme power is not to be resisted by subordinate powers , because they are inferiour to the supreme . answ. the bloody irish rebels then being inferiour to the parliament , cannot resist the parliament . . inferiour judges as judges are immediately subordinate to god as the king , and must be guilty of blood before god , if they use not the sword against bloody cavalliers , and irish cut-throats , except you say , inferiour judges are not obliged to execute judgement , but at the kings commandment . object . as the irish rebels are armed with the kings power , they are superiour to the parliament . answ. so an armie of turks and spaniards , armed with the kings power , and comming against the two kingdomes , at the kings commandement , though they be but lictors in a lawlesse cause , are superiour to the highest courts of parliament in the two kingdomes . but the king and the law gave power to the parliament , first to resist rebels ; now he giveth power to rebels to resist the parliament : here must be contradictory wils , and contradictory powers in the king ; which of them is the kings will , and his power ? the former is legall and parliamentary ; then , because law is not contrary to law , the latter cannot be legall also , nor can it be from god ; and to resist it then is not to resist god. object . . if resistance bee restrained to legall commandements , what shall we say to these arguments , that paul forbiddeth resistance under these tyrannous governours , and that from the end of their government , which is for good , and which their subjects did in some sort enjoy under them ? answ. . this proveth nothing , but that we are to cooperate with these governours , though tyrannous , by subjecting to their laws , so farre , as they come up to this end , the morall good and peace of their government ; but paul no where commandeth absolute subjection to tyrannous governours in tyrannous act● ; which is still the question . object . . hee that hath the supreme trust next to god , should have the greatest security to his person and power ; but if resistance be lawfull , he hath a poore security . answ. he that hath the greatest trust , should have the greatest security to his person and power , in the ●●eping his power , and using it according to his trust , for its owne native end , for justice , peace , and godlinesse . god alloweth security to no man , nor that his angels shall guard them , but on●ly when they are in their wayes , and the service of god ; else , there is no peace to the wicked . . it is denyed that one man having the greatest trust should have the greatest security ; the church and people of god , for whose safety he hath the trust , as a meanes for the end , should have a greater security ; the city ought to have greater security then the watchers , the armie then the leaders ; the good shepherd giveth his life for his sheepe . . a power to doe ill , without resistance , is not security . object . . if god appoint ministers to preach , then the sheep cannot seeke safety elsewhere . ergo. answ. the wife is obliged to bed and board with her husband , but not if she feare he will kill her in the bed . the obedience of positive duties that subjects owe to princes , cannot loose them from natures law of self-preservation , nor from gods law , of defending religion against papists in armes ; nor are the sheep obliged to intrust themselves , but to a saving shepherd . object . . if self-defence , and that by taking up armes against the king , he an unlawfull duty , how is it that you have no practise , no precept , no promise for it in all the word of god ? . you have no practise ; ahab sold himselfe to do evill , he was an idolater , and killed the prophets ; and his queene a bloody idolatresse , stirred him up to great wickednesse : elias had as great power with the people as you have , yet hee never stirred up the people to take armes against the king. why did god at this time rather use an extraordinary meanes of saving his church ? arnisaeus de autho . princ. c. . but elias only fled . nebuchadnezer , ahab , manassah , julian were tyrants and idolaters , the people never raised an armie against them . b. williams of ossorie , p. . deut. . if brother , son , daughter , wife or friend intice thee to follow strange gods , kill them , not a word of the father : children are to love fathers , not to kill them . christ ( saith john p.p. ) in the cradle , taught by practise to flee from herod ; and all christs acts and sufferings are full of mysteries , and our instructions : hee might have had legions of angels to defend him , but would rather worke a miracle , in curing malchus eare , as use the sword against caesar . if sectaries give us a new creed , it will concerne them neere with expunging christs descent into hell , and the communion of saints , to raze out this , he suffered under pontius pilate — my resolution is ( for this sin of yours ) to dissolve in teares and prayers , and with my master say daylie and hourely , father forgive them , &c. christ thought it an uncouth spirit , to call for fire from heaven to burne the samaritans , because they refused him lodging . . the prophets cried out against idolatry , blasphemy , murther , adultery , &c. and all sins ; never against the sin of neglect , and murtherous omission to defend church and religion against a tyrannous king. . no promise is made to such a rebellious insurrection in gods word . answ. it is a gr●at non-cons●quence ; this duty is not practised by any examples in gods word . ergo. it is no duty . practice in scripture is a narrow rule of faith : shew a practice when a husband stoned his wife , because she inticed him to follow strange gods. yet it is commanded , deut. . . when a man lying with a beast is put to death : yet it is a law , exod. . . infinite more lawes are , the practise of which we finde not in scripture . . iehu and the elders of israel rooted out ahabs posterity for their idolatry ; and if iehu out of sincerity , and for the zeale of god , had done what god commanded , he should have beene rewarded : for say that it was extraordinary to iehu , that he should kill ahab , yet there was an expresse law for it , that he that stirreth up others to idolatry should die the death , deut. . . and there is no exception of king , or father in the law , and to except father or mother in gods matters , is expresly against the zeale of god , deut. . . and many grave divines think the people to be commended in making iehu king , and in killing king nabad , and smiting all the house of iereboam for his idolatry ; they did that which was a part of their ordinary duty , according to gods expresse law , deut. . , , , . though the facts of these men be extraordinary . . ahab and iezabel●ais●d ●ais●d not an armie of idolaters , malignants , such as are papists , prelates , and cavalliers , against the three estates , to destroy parliaments , lawes and religion , and the people conspired with ahab in the persecution and idolatry , to forsake the covenant throw dowwe the altars of god , and slay his prophets , so as in the estimation of elias , king. . , , . there was not one man , but they were malignant cavalliers , and hath any elias now power with the cavalliers , to exhort them to rise in armes against themselves , and to shew them it is their duty to make warre against the king and themselves , in the defence of religion ? when the prophets had much adoe to convince the people , that they sinned in joyning with the king , what place was there to shew them their sin , in not using their owne lawfull defence ? and in reason any may judge it unreasonable , for elias to exhort , of thousand thousands in israel ; poore seven thousand ( of which many no doubt were women , aged , weake , young ) to rise in armes against ahab and all israel , except god had given a positive and extraordinary commandement , and with all miraculous courage and strength in war against the whole land ; and god worketh not alwayes by miracles to save his church , and therefore the naturall mandate of self-preservation in that case doth no more oblige a few weake ones to lawfull resistance , then it obliged one martyre to rise against a persecuting nero and all his forces . arnisaeus should remember wee are not to tye our lord to miracles . . elias did not onely flee , but denounced wrath against the king , and cavalliers , who joyned with them in idolatry , and when god gave oportunity , he shewed himself , and stirred the people up to kill baals iesuits and seducing idolatours , when the idolatrous king refu●ed to do it , and eliah with his own hand took them not , but all israel being gathered together , king. . . the princes and judges did apprehend them , ver . . which is a warrant , when the king refuseth to draw the sword of justice against armed papists , that other judges are to do it . . for nebuchadnezzer , ieremiah from the lord , expresly forbad to fight against him , shew us the like for no defending our selves against bloody papists and irish cut-throats : for that example may as well prove ( if it be a binding law to us ) that our king should not raise his subjects , to fight against a spanish armado , and a forraigne pri●ce ; for before ever nebuchadnezzer subdued the kingdom of iudah ier. . . in the beginning of the raigne of iehoiakim , ver . , , . chap. . chap. . the king of iudah is from the lord commanded , not to draw a sword against the king of babylon ; i hope this will not tye us , and our king , not to fight against forraigne princes , or against the great turk , if they shall injustly invade us and our king , and this example is against the kings resisting of a forraigne prince unjustly invading him , as much , as against us , for nebuchadnezzar was a tyrannous invader , and the king of iudah the lords annoynted . . the people also conspired with manasseh , as with ahab , ier. . . of emp●rours persecuting christians we shall heare anon . . deut. . none are excepted , by a synecdoche , the dearest are expressed , sonne , daughter , brother , the friend that is as thine own soul. ergo , fathers also . and husbands are to love their lives . ephes. . . yet to execute judgement on them , without pitty , deut. . . . the father is to love the son , yet if the son prophecy falsely in the name of the lord , to kill him . zach. . . hence love , fear , reverence toward the king may be commanded , and defensive warres also . . christ fled from herod , and all his actions and sufferings are mysteries and instructions , saith the poor prelate . . christ kissed the man that to his knowledge came to betray him , christ fled not , but knowing where , and when his enemy should apprehend him , came willingly to the place . ergo , we should not flee . . his actions are so mysterious that iohn p. p. in imitation of christs fourty dayes fast , will fast from flesh in lent , and the prelate must walk on the sea , and work miracles , if all christs actions be our instructions . . he might with more then twelve l●gions of angels defend himself , but he would not , not because resistance was unlawfull , no shadow for that in the text , but because it was gods will , that he should drink the cup his father gave him , & because to take the sword without gods warrant , subjecteth the usurper of gods place to perish with the sword . peter had gods revealed wil , that christ behoved to suffer , math. . , . math. . , , . & gods positive command that christ should die for sinners , iohn . . may well restraine an act of lawfull s●lf-preservation , hic & nunc , and such an act as christ lawfully used , at another time , luk. . ▪ . ioh. . , . we give no new creed , but this apostate hath forsaken his old creed , & the religion of the church of scotland , in which he was baptised . . nor do we expu●ge out of the creed christs descension into hell , & the communion of saints , as the apostate saith , but the popish locall descension of christ , & the popish advancing of the churches power above the scriptures ▪ & the intercession & prayers to the saints , or of the saints for us , we deny , & this prelate , though he did swear the doctrine of the church of scotland , preached expresly all these & many other poynts of popery in the pulpits of edenburgh . . we beleeve that christ suffered under pontius pilat , but that pilat had any legal power to condemne christ , ( but onely a power by a permissive decree , act. . , . such as devils had by gods permission , luke . . . ) we utterly deny . . the prelat saith it is his resolution , for our sin of naturall selfe defence , to dissolve in tears , because his bishopricke ( i conceive ) by which he was wont to dissolve in cups , ( being drunk on the lords day , after he ( with other prelates ) had been at the lords supper , while the chamber wherein they were , was dissolved in vomitting , ) was taken from him . . the prophets cry against all sins , but never against the sin of non-resistance , and yet they had very tyrannous and idolatrous kings . . this is but a weak argument . . the prophets cry not out against all sins , they cry not out against men-stealers , and killers of father and mother in expresse tearmes , yet do they by consequence condemne all these sins , and so do they condemne non-resistance in wars , by consequence , when they cry out ier. . . the prophets prophesie falsly , and the priests beare rule by their meanes , and my people love to have it so . and when they complaine , ezek. . , , . that the prophets and priests violate the law , her princes are like wolves ravening the prey , to shed blood , and the people use oppression , and exercise robbery , and vexe the poore . and when they say , ier. . . not to the king onely , but also to his servants , and the people that enter in by the gates , . execute judgement and righteousnesse , and deliver the spoiled out of the hand of the oppressour . i pray you , who are the oppressors ? i answer , the murthering judges , esa. . . and esa. . . as for my people , children are their oppressors , and women rule over them : and ver . , . the ancients of the people grind the faces of the poore : and when they are not valiant for the truth upon the earth . and prov. . . the lo●d shal render to these men according to their works , which forbeare to help men that are drawn to death , and those that be ready to be slaine , if they shift the businesse , and say , behold , we know not , doth not he that pondereth the heart , consider it ? when therefore the lords prophets complaine that the people execute not judgement , relieve not the oppressed , help not and rescue not those that are drawn to death unjustly by the king , or his murthering judges , they expresly cry out against the sin of non-resistance . . the prophets cannot expresly and formally cry out against the judges for non-resisting the king , when they joyne as ●avening wolves with the king in these same acts of oppression , even as the judge cannot formally impannell ▪ men sent out to guard the travellers from an arch robber , if these men joyne with the robber , and rob the travellers , and become cut-throats as the arch robber is , he cannot accuse them for their omission in not guarding the innocent travellers , but for a more hainous crime , that not onely they omitted what was their duty , in that they did not rescue the oppressed out of the hands of the wicked , but because they did rob and murther , and so the lesser sinne is swallowed up in the greater . the under-judges are watchmen , and a guard to the church of god ; if the king turn a bosome robber , their part is , ier. . . to deliver the spoiled out of the hand of the oppressour , to watch against domestick and forraine enemies , and to defend the flock from wolves , ezek. . , , . ier. . . to let the oppressed goe free , and to break every yoak , esay . . to break the jawes of the wicked , and pluck the spoile out of his teeth , job . . now if these judges turne lyons , and ravening wolves , to prey upon the flock , and joyne with the king , as alwayes they did when the king was an oppressor , his princes made him glad with their lies , and joyned with him , and the people with both . ier. . . ier. . . ier. . . mic. . . ezek. . , , , , , , , . ier. . , , . it is no wonder if the prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly , and in that their negative murthers in not releeving the oppressed must also be cryed out against . . the whole land cannot formally be accused for non-resistance , when the whole land are oppressors , for then they should be accused for not resisting themselves . . the king ought to resist the inferiour judges in their oppression of the people , by the confession of royalists , then this argument cometh with the like force of strength on themselves , let them shew us practice , precept or promise in the word , where the king raised an armie for defence of religion , against princes and people who were subverting religion , and we shall make use of that same place of scripture , to prove that the estates and people who are above the king , ( as i have proved ) and made the king , may and ought to resist the king , with the like force of scripturall truth , in the like case . . royalists desire the like president of practice and precept for defensive warres : but i answer , let them shew us a practice where any king of israel or judah raised an armie of malignants , of phylistims , sydonians , ammonites , against the princes of israel and judah , conveened in an assemblie , to take course for bringing home the captived arke of god , and vindicating the lawes of the land , and raised an armie contrary to the knowledge of the elders , princes , and judges , to set up dagon , or tollerate the worship of the sydonian gods , and yet princes , elders , judges and the whole people were obliged , all to flee out of gods land , or then onely to weep and request that the king would not destroy souls and bodies of them and their innocent posterities , because they could not in conscience , imbrace the worship of dagon and the sydonian gods : when the royalist can parallel this with a precedent , we can answer , there was as smal apparency of precedency in scripture , ( except you flee to the law of nature ) that priests the subjects of king vzziah should put in execution a penall law against the lords annoynted , and that the inferiours , and subjects should resist the superiour , and that these priests with the princes of the land should remove the king from actuall government , all his dayes , and crown his son , at least make the father their prince and superiour ( as royalists say ) as good as a cypher ? is not this a punishment inflicted by inferiours upon a superiour , according to the way of royalists ? now it is clear a worshipping of bread and the masse commanded , and against law obtruded upon scotland , by influence of the counsell of known papists , is to us , and in it self as abominable as the worshiping of dagon or the sydonian gods , and when the kingdom of scotland did but conveen , supplicat , and protest against that obtruded idolatry , they were first declared rebels by the king , and then an army raised against them , by prelates and malignants , inspired with the spirit of anti-christ , to destroy the whole land , if they should not submit soul and conscience to that wicked service . quest . xxxv . whether or no the sufferings of the martyrs in the primitive church militate against the lawfulnesse of defensive wars ? royalists think they burden our cause much with hatred , when they bring the fathers and ancient martyrs against us . so the p. prelate extracted out of other authors , testimonies for this , and from i. armagh , in a sermon on rom. . pag. , . so the do. of aberdeene . the prelat proveth from clem. alexand. l. . c. . that the king is constituted by the lord. so ignatius . answ. . except he prove from these fathers that the king is from god onely and immediately , he proveth nothing . obj. . iren. l. . adv . haer . c. . proveth that god giveth kingdomes , and that the devill lied ▪ luk. . and we make the people to make kings , and so to be the children of the devill . answ. if we denyed god to dispose of kingdomes , this man might alledge the church of god in england and scotland , to be the sons of satan . but gods word , deut. . . and many other places make the people to make kings , and yet not devils . but to say that prelates should crowne kings , and with their foule fingers anoint him ; and that as the popes substitutes , is to make him that is the sonne of perdition , a donor of kingdoms , also to make a man with his bloodie sword to ascend to a throne , is to deny god to be the disposer of kingdoms , and prelats teach both these . obj. . tertul. apol. c. . inde est imperator , unde & homo , antequam imperator , inde potestas illi , unde & spiritus : god is no lesse the creator of soveraigntie , then of the soul of man. answ. god onely maketh kings , by his absolute soveraignty , as he onely maketh high and low , and so onely he maketh mayors , provosts , bailiffes , for there is no power but of him , rom. . ergo , provosts and bailiffes are not from men . the reader shall not be troubled with the rest of the testimonies of this poore plagiarie , for they prove what never man denyed , but prelats and royalists , to wit , that kings are not from gods approving and regulating will ; which they oppose , when they say , sole conquest is a just title to the crowne . but they deserve rather an answer which grotius , barclay , arnisaeus , and spalato alledge , as obj. . cyprian epist. . non est fas christianis , armis , ac vi tueri s● adversus impetum persecutorum , christians cannot by violence defend themselves against persecutors . answ. if these words be pressed literally , it were not lawfull to defend our selfe against murtherers ; but cyprian is expresly condemning in that place , the seditious tumults of people against the lawfull magistrate . obj. . the ancients say he was justly punished who did rend and teare the edict of dioclesian and maximinus , euseb. l. . hist. eccles . c. . answ. to rend an edict is no act of naturall self-defence , but a breach of a positive commandment of the emperors , and could not be lawfully done , especially by a private man. object . . cyprian epist. . incumbamus gemitibus assiduis & depr●cationibus crebris , haec enim sunt munimenta spiritualia & tela divina quae protegunt : and ruffinus , l. . c. . ambrosius adversus reginae ( iustinae arianae ) ●urorem non se manu defensabat aut telo , sed jejuniis continuatisque vigiliis sub altari positus . answ. it is true , cyprian reputed prayers his armour , but not his onely armour . though ambrose , de facto , used no other against iustina ; the places say nothing against the lawfulnesse of selfe-defence . ambrose speaketh of that armour and these meanes of d●fence , that are proper to pastors , and these are prayers and teares , not the sword ; because pastors carry the arke , that is their charge , not the sword , that is the magistrates place . object . . tertullian apolog. c. . saith expresly , that the christians might for strength and number have defended themselves against their persecutors , but thought it unlawfull . quando vel una nox pauculis faculis largitatem ultionis po et operari , si malum malo dispungi penes nos liceret , sed absit ut igni humano vindicetur divina secta , aut doleat pati , in quo probetur . si enim hostes extran●●s , non tantum vindices occultos agere vellemus , deesset nobis vis numerorum & copiarum ? answ. i will not goe about to say that tertullian thought it lawfull to raise armes against the emperour ; i ingeniously confesse tertullian was in that errour . but , . something of the man. . of the christians . of the man. tertullian after this turned a montanist . . pamelius saith of him , in vit . tertul. inter apocrypha numeratur — excommunicatus . . it was tertullians error in a fact , not in a question , that he believed christians were so numerous , as that they might have fought with the emperours . . m. pryn doth judiciously observe , . part . soveraigne power of parl. pag. , . he not onely thought it unlawfull to resist , but also to flee , and therefore wrote a booke de fuga , and therefore as some men are excessive in doing for christ , so also in suffering for christ ; hence i inferre , that tertullian is neither ours , nor theirs in this point ; and we can cite tertullian against them also , iam sumus ergo pares . yea fox in his monum . saith , christians ranne to the stakes to be burnt , when they were neither condemned , nor cited . . what if wee cite theodoret , fol. . de provid . who about that time say that evill men reigne , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through the cowardlinesse of the subjects ; as the prelate saith of tertullian , i turne it , if theodoret were now living , he would goe for a rebell . about that time christians sought help from constantine the great , against lycinius their emperour , and overthrew him in battaile . and the christians being oppressed by the king of persia their owne king , sent to theodosius to help them against him . . for the man ▪ tertullian in the place cited , saith , the christians were strangers under the emperour . externi sumus , and therefore they had no laws of their owne , but were under the civill laws of heathen , till constantines time ; and they had sworne to iulian as his souldiers , and therefore might have , and no doubt had , scruples of conscience to resist the emperour . . it is knowne iulian had huge numbers of heathen in his armie , and to resist had beene great danger . . wanting leaders and commanders , ( many prime men doubting of the lawfulnesse thereof ) though they had beene equall in number , yet number is not all in warre , skill in valorous commanders is required . . what if all christians were not of tertullians minde . . if i would go to humane testimonies , which i judge not satisfactory to the conscience , i might cite many ; the practice of france , of holland : the divines in luthers time , as sleidan . . c. . . resolved resistance to be lawfull . calvin . beza , pareus ; the german divines , bucanus , and an hoast might be produced . quest . xxxvi . whether the power of warre be onely in the king ? it is not hard to determine this question : the sword in a constitute common-wealth is given to the judge supreme , or subordinate , rom. . . he beareth not the sword in vaine , in the empire ; the use of armour is restricted to the emperour by a positive law ; so the law saith , armorum officia nisi jussu principis sunt interdi●●a , lib. de cod. de lege . . imperat valentinian . nulli , nobis inconsultis , usus armorum tribuatur , ad . jul. mai. l. . warre is a species , and a particular , the sword is a generall . assert . . the power of the sword by gods law is not proper & p●culiar to the king only , but given by god , to the inferiour judges . . because the inferiour judge is essentially a judge no lesse then the ●ing , as is proved , and therefore he must beare the sword , rom. . . not moses onely , but the congregation of israel had power of life and death , and so of the sword , numb . . . the manslayer shall not die , untill he stand before the congregation in judgement , ver . . then the congregation shall judge betweene the slayer and the avenger of blood , deut. . . the elders of the city shall take that man and chastise him . . the men of the citie shall stone her with stones , deu. . . deu. . , . v. , , , . deu. . . then shall his father and his mother bring him to the elders of his city . . and the men of the city shall stone him with stones . king. . . the elders and nobles that were inhabitants in his city stoned naboth . . inferiou● judges are condemned as murtherers , who have shed innocent blood , esay . . psal. . . . ier. . . ezek. . . ver . . hosea . . zephan . . , , . ergo , they must have the power of the sword , hence upon the same grounds . assert . . that the king onely hath the power of warre , and raising armies must be but a positive civill law. for , . by divine right , if the inferiour judges have the sword given to them of god , then have they also power of warre , and raising armies . . all power of warre that the king hath is cumulative , not privative , and not distructive , but given for the safety of the kingdome , as therefore the king cannot take from one particular man the power of the sword for naturall self-preservation , because it is the birth-right of life ; neither can the king take from a community and kingdome a power of rising in armes for their owne defence : if an armie of turks shall suddenly invade the land , and the kings consent expresse cannot be had ( for it is essentially involved in the office of the king as king , that all the power of the swo●d that he hath , be for their safety ) or if the king should as a man refuse his consent , and interdict and discharge the land to rise in armes , yet they have his royall consent , though they want his personall consent , in respect that his office obligeth him to command them to rise in armes . . because no king , no civill power can take away natures birth-right of self-defence from any man , or a community of men . . because if a king should sell his kingdome , and invite a bloody conquerour to come in with an armie of men to destroy his people , impose upon their conscience an idolatrous religion , they may lawfully rise against that armie , without the kings consent , for though royalists say , they need not come in asinine patience , and offer their throats to cut-throats but may flee , yet two things hindereth a flight . . they are obliged by vertue of the first commandement to re-man , and with their sword defend the cities of the lord , and the king. sam. . . chron. . . for if to defend our country and children , and the church of god from unjust invaders and cut-throats by the sword , be an act of charity , that god and the law of nature requireth of a people , as is evident , prov. . . and if the fift commandement oblige the land to defend their aged parents and young children from these invaders , and i● the sixt commandement lay on us the like bond , all the land are to act works of mercy and charity , though the king unjustly command the contrary ; except royalists say , that we are not to performe the duties of the second table commanded by god , if an earthly king forbid us ; and if we exercise not acts of mercy toward our brethren , when their life is in hazard , to save them , wee are murtherers , and so men may murther their neighbour , if the king command them so to doe ; this is like the court-faith . . the kin●s power of warres is for the safety of his people ; if he deny his conse●t to their raising of armes till they be destroyed , he playeth the tyrant , not the king , and the law of nature will necessi●ate them , either to defend themselves ( seeing slight of all in that case is harder then death ) else they must be guilty of self-murther . now the kings commandement of not rising in armes , at best is positive and against the nature of his office , and it ●loweth then from him as from a man , and so must be farre inferiour to the naturall commandement of god , which commandeth self-preservation , if wee would not be guilty of self-murther , and of obeying men , rather then god. so althusius polit. c. . n. . halicarnas . l. . antiq. rom. aristo . pol. l. . c. . . david tooke goliahs sword , and became a captaine , a captaine to an hoast of armed men in the battaile , and fought the battailes of the lord , sam. . . ( and this abigal by the spirit of prophecy , as i take it , saith , ver . , , . ) sam. . . chron. . . . . . . . . not onely without sauls consent , but against king saul as he was a man , but not against him as hee was king of israel . . if there be no king , or the king be minor , or an usurper , as athalia be on the throne , the kingdome may lawfully make war without the king , as iudges cap. . the children of israel , foure hundred thousand footemen that drew sword went out to warre against the children of benjamin . iudah had the power of the sword when iosiah was but eight yeares old , in the beginning of his reigne , king. . , . and before iehoash was crowned king , and while he was minor , king. . there were captaines of hundreds in armes raised by iehoiada and the people of iudah to defend the young king. it cannot be said , that this is more extraordinary , then that it is extraordinary for kings to die , and in the interregnum , warres , in an ordinary providence , may fall out in these kingdoms , where kings goe by election ; and for kings to fall to be minors , captives , tyrannous . and i shall be of that opinion that mr symmons , who holdeth , that royall birth is equivalent to divine unction , must also hold , that election is not equivalent to divine unction ; for both election and birth cannot be of the same validity , the one being naturall , the other a matter of free choise , which shall infer that kings by election are lesse properly , and analogically onely kings ; and so saul was not properly a king , for he was king by election ; but i conceive that rather kings by birth must be lesse properly kings , because the first king by gods institution , being the mould of all the rest , was by election . deut. . . . . . if the estates create the king , and make this man king , not this man , as is clear deut. . . and chron. . , , , . they give to him the power of the sword , and the power of war , and the militia , and i shall judge it strange and reasonlesse , that the power given to the king , by the parliament or estates of a free kingdom , ( such as scotland as acknowledged to be , by all ) should create , regulate , limit , abridge , yea and anull that power that created it self , hath god ordained a parliamentary power to create a royal power of the sword and war to be placed in the king , the parliaments creature , for the safety of parliament and kingdome , which yet is destructive of it selfe ? d. ferne saith that the king summoneth a parliament , and giveth them power to be a parliament , and to advise and counsell him ; and in the meane time scripture saith , deut. . , , . sam. ▪ , , , , , . sam. . , , , . that the parliament createth the king , heir's admirable reciprocation of creation in policie , and shall god make the mother to destroy the daughter ? the parliamentarie power that giveth crown , militia , sword and all to the king , must give power to the king to use sword and war for the destruction of the kingdome , and to annull all the power of parliaments , to make , unmake parliaments , and all parliamentary power ; what more absurd ? obj. . symmons loyall subj . pag. . these phrases , . sam. . . when kings goe forth to warre , and luk. . . what king going forth to warre ? speak to my conscience , that both offensive and defensive warre are in the kings hand . answ. it is not much to other men what is spoken to any mans conscience by phrase and customes ; for by this no states where there be no kings , but government by the best , or the people , as in holland , or in other nations , can have power of war , for what time of yeare shall kings goe to war who are not kings ? and because christ saith , a certaine housholder delivered talents to his servants , will this infer to any conscience , that none but a housholder may take usurie ? and when he saith , if the good man of the house knew at what houre the thiefe would come , he would watch ; shall it follow , the sonne or servant may not watch the house , but onely the good man ? obj. . ferne , pag. . the naturall bodie cannot move , but upon naturall principles ; and so neither can the politique bodie move in warre , but upon politique reasons from the prince , which must direct by law. answ. this may well be retorted , the politique head cannot then move , but upon politique reasons ; and so the king cannot move to wars , but by the law , and that is by consent of parliament , and no law can principle the head to destroy the members . . if an armie of cut-throats rise to destroy the kingdome , because the king is in lacking , in his place , to doe his duty , how can the other judges , the states and pa●liament , be accessorie to murther committed by them , in not raising armies to suppresse such robbers ? shall the inferiour judges be guilty of innocent blood , because the king will not doe his duty ? . the politique body ceaseth no more to renounce the principles of sinlesse nature , in self-defence , because it is a politique body , and subject to a king , then it can leave off to sleep , eat and drink ; and there is more need of politique principles to the one , then the other . . the parliaments and estates of both kingdoms move in these wars by the kings lawes , and are a formall politique body in themselves . obj. . the ground of the present wars against the king ( saith d. ferne , sect . . pag. . ) is false , to wit , that the parliament is coordinate with the king , but so the king shall not be supreme , the parliaments consent is required to an act of supremacie , but not to a denyall of that act . and there can no more ( saith arnisaeus de jure majestatis , c. . in quo consistat essen ▪ majest . c. . n. . and c. . an jur . majest . separ . &c. n. . ) be two equall and coordinate supreme powers , then there can be two supreme gods , and multitudo deorum est nullitas deorum , many gods infer no gods . ans. . if we consider the fountaine-power , the king is subordinate to the parliament , and not coordinate ; for the constituent is above that which is constituted . if we regard the derived and executive power in parliamentarie acts , they make but a totall and compleat soveraigne power , yet so as the soveraigne power of the parliament being habitually and underived , a prime and fountaine power , ( for i doe not here separate people and parliament ) is perfect without the king , for all parliamentarie acts , as is cleare , in that the parliament make kings . . make lawes , raise armies , when either the king is minor , captived , tyrannous , or dead , but royall power parliamentarie without the parliament is null , because it is essentially but a part of the parliament , and can work nothing separated from the parliament , no more then a hand cut off from the body , can write ; and so here we see two supremes coordinate : amongst infinite things there cannot be two , because it involveth a contradiction , that an infinite thing can be created , for then should it be finite ; but a royall power is essentially a derived and created power and supreme , secundum quid , onely in relation to single men , but not in relation to the communitie ; it is alwayes a creature of the communitie with leave of the royalist . . it is false , that to an act of parliamentarie supremacie the consent of the king is required , for it is repugnant that there can be any parliamentarie judiciall act without the parliament , but there may be without the king. . more false it is , that the king hath a negative voice in parliament , then he shall be sole judge ▪ and the parliament , the kings creator and constituent , shall be a cypher . obj. . arnesaeus de jur . maj. de potest . armorum , c. . n. . the people is mad and furious , therefore supreme majestie cannot be secured , and rebels suppressed , and publike peace kept , if the power of armour be not in the kings hand only . answ. to denude the people of armour , because they may abuse the prince , is to expose them to violence and oppression , unjustly ; for one king may easilier abuse armour , then all the people ; one man may more easily fail , then a community . . the safety of the people is far to be preferred before the safety of one man ▪ though he were two emperours , one in the east , another in the west , because the emperour is ordained of god , for the good and safety of the people , tim. . . . there can be no inferiour judges to bear the sword , as god requireth , rom. . deut. . , . chron. . , . and the king must be sole judge , if he onely have the sword , and all armour monopolized to himselfe . obj. . the causes of warre ( saith m. simmons , sect . . pag. . ) should not be made knowne to the subjects , who are to look more to the lawfull call to warre from the prince , then to the cause of the war. answ. the parliament and all the judges and nobles are subjects to royalists , if they should make war and shed blood upon blind obedience to the king , not inquiring either in causes of law , or fa●t , they must resigne their consciences to the king. . the king cannot make unlawfull warre to be lawfull by any authority royall , exc●pt he could raze out the sixt commandement : therefore subj●cts must look more to the causes of warre , then to the authority of the king ; and this were a faire way to make parliaments of both kingdomes set up popery by the sword , and root out the reformed religion upon the kings authority , as the lawfull call to warre , not looking to the causes of warre . quest . xxxvii . whether or no it be lawfull that the estates of scotland help their oppressed brethren the parliament and protestants in england against papists and prelates now in armes against them , and killing them , and ●ndevouring the establishment of poperie , though the king of scotland should inhibit them ? . marianus saith , one i● obliged to help his brother , non vinculo efficace , not with any efficacious band , because in these ( saith he ) non est actio aut poena , one may not have action of law against his brother , who refuseth to help him ; yet ( saith he ) as man he is obliged to man nexu civilis societatis , by the bond of humane society . others say , one nation may indirectly defend a neighbour nation against a common enemie , because it is a self-defence ; and it is presumed that a forraigne enemie having overcome the neighbour nation , shall invade that nation it selfe who denyeth help and succour to the neighbour nation , this is a self-opinion , and to me it looketh not like the spirit●a●l law of god. . some say it is lawfull , but not alwayes expedient , in which opinion there is this much truth , that if the neighbor nation have an evil cause , neque licet , neque expedit , it is neither lawfull , nor expedient . but what is lawful in the case of necessity so extreame , as is the losse of a brothers life or of a nation , must be expedient , because necessity of non-sinning maketh any lawfull thing expedient . as to help my brother in fire or water , requiring my present and speedy help though to the losse of my goods must be as expedient , as a negative commandement ( thou shalt not murther . ) . others think it lawfull in the case that my brother seek my help only , other wayes i have no calling thereunto : to which opinion , i cannot universally subscribe , it is holden both by reason , and the soundest divines , that to rebuke my brother of sinne is ( actus misericordiae , & charitatis , ) an act of mercy and charity to his soul , yet i hold i am obliged to rebuke him by gods law . levit. . . otherwise i hate him . thes. . . col. . . math. . nor can i think in reason , that my duty of love to my brother , doth not oblige me but upon dependency on his free consent , but as i am to help my neighbours oxe out of a ditch , though my neighbour know not , and so i have onely his implicit and virtuall consent , so is the case here . i go not farther in this case of conscience , if a neighbour nation be jealous of our help , and in an hostile way should oppose us in helping , ( which blessed be the lord , the honourable houses of the parliament of england hath not done , though malignant spirits tempted them to such a course , ) what in that case we should owe to the afflicted members of christs body , is a case may be determined easily . the fift and last opinion is of those who think if the king command papists and prelates to rise against the parliament and our dear brethren in england in warres , that we are obliged in conscience , and by our oath and covenant , to help our native prince against them , to which opinion with hands and feet i should accord , if our kings cause were just and lawfull , but from this it followeth that we must thus far judge of the cause , as concerneth our consciences in the matter of our necessary duty , leaving the judiciall cognizance to the honourable parliament of england . but because i cannot returne to all these opinions particularly , i see no reason but the civil law of a kingdom doth oblige any citizen to help an innocent man against a murthering robber , & that he may be judicially accused as a murtherer who faileth in his duty , & that solon said well , beatam remp . esse illam , in quâ quisque injuriam alterius suam estimet . it is a blessed society in which every man is to repute an injury done against a brother , as an injury done against himself . as the egyptians had a good law , by which , he was accused upon his head , who helped not one that suffered wrong ; and if he was not able to help , he was holden to accuse the injurer , if not , his punishment was whips , or three dayes hunger , it may be upon this ground it was that moses slew the egyptian . ambrose commendeth him for so doing . assert . we are obliged , by many bands , to expose our lives , goods , children , &c. in this cause of religion and of the unjust oppression of enemies , for the safety and defence of our deare brethren and true religion in england . . prov. . . if thou forbear to deliver them , that are drawn to death , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken as captives to be killed , and those that are ready to be slaine . . if thou say , behold we know it not , doth not he that pondereth the heart consider it ? and he that keepeth thy soul , doth he not know it ? and shall he not render to every man , according to his work ? master iermin on the pl●ce , is too narrow , who co●menting on the place , restricteth all to these two , that the priest should deliver , by interceding for the innoc●nt , and the king by pardoning only . but . to deliver is a word of violence , as sam. . . david by the sword rescued his wives , hos. . i will take away , and none shall rescue . sam. . . i rescued the lambs out of his mouth , out of the lyons mouth , which behov●d to be done with great violence . king. . . they have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 samaria out of my hand . so cornel. à lapid● , charitas suad●t , ut vi & armis eruamus injuste ductos ad mortem . am●ros . lib. . offic . c. . citeth this same text , and commendeth moses who killed the egyptian in defending a hebrew man. . it is an act of charity and so to be done , though the judge forbid it , when th● innocent is unjustly put to death . object . but in so doing private men may offer violence to the lawfull magistrate , when he unjustly putteth an innocent man to death , and rescue him out of the hands of the magistrate , and this were to bring in anarchy and confusion , for if it be an act of charity to deliver the innocent out of the hand of the magistrate , it is homicide to a private man not to do it , for our obedience to the law of nature tyeth us absolutely , though the magistrate forbid these acts , for it is known , that i must obey god rather then man. answ. the law of nature tyeth us to obedience in acts of charity , yet not to perf●rme these acts after any way and manner , in a meere naturall way , impetu naturae , but i am to performe acts of naturall charity in a rationall and prudent way , and in looking to gods law , else if my brother or father were justly condemned to die , i might violently deliver him out of the magistrates hand , but by the contrary , my hand should be first on him , without naturall compassion . as if my brother or my wife have been a blasphemer of god , deut. . , , . and therefore am i to do acts naturall , as a wise man observing ( as solomon saith eccles. . . ) both time and judgement . now it were no wisdom for one private man to hazard his own life , by attempting to rescue an innocent brother , because he hath not strength to do it , and the law of nature obligeth me not to acts of charity , when i in all reason , see them unpossible , but a multitude who had strength did well to rescue innocent ionathan out of the hands of the king , that he should not be put to death : yet one man was not tyed by the law of nature to rescue ionathan , if the king and prince had condemned him , though unjustly . . the hoast of men that helped david against king saul , sam. . . entered in a lawfull war , and chron. . . amasa by the spirit of the lord blesseth his helpers , peace , peace be unto thee , and peace be to thy helpers , for thy god helpeth the. ergo , peace must be to the parliament of england , and to their help●rs their brethren of scotland . . numb . . . . . . . . . iosh. . . . . the children of gad , and of reuben , and the half tribe of manasseh , though their inheritance fell to be in this side of iordan , yet they were to goe over the river armed to fight for their brethren , while they had also poss●ssion of the land , at the commandement of moses and joshua . . so saul and israel h●lped the men of iabesh gilead conjoyned in blood with them , against nahash the ammonite , and his unjust conditions in plucking out their right eyes , sam. . . iephtha iudg. . . justly rebuketh the men of ephraim because they would not help him and his people , against the ammonit●● . . if the communion of saints be any bound , that england and we have one lord , one faith , one baptisme , one head and saviour iesus christ , then are we obliged to help our bleeding sister church , against these same common enemies papists and prelates , but the former is undenyably true , for . we send help to the rotchel , if there had not been a secret betraying of our brethren , we send help to the recovery of the palatinate , and the aide of the confederat princes against babels strength and power , and that lawfully , but we did it at great leisure and coldly . q. elizabeth helped holland against the king of spain . and beside the union in religion . . we sayle in one ship together , being in one iland , under one king ; and now by the mercy of god , have sworne one covenant , and so must stand or fall together . . we are obliged by the union betwixt the kingdomes concluded to be by the convention of the estates of scotland , an. . at the desire of the generall assembly , . to joyne forces together at home , and enter in league with protestant princes , and estates abroad , to maintaine the protestant religion , against the bloody confederacy of trent ; and accordingly this league betweene the two crownes was subscribed at berwick , an. . and the same renewed , an. , . as also the confession of faith subscribed , when the spanish armado was on our coasts . . the law of god , commanding that we love our neighbour as our selfe , and therefore to defend one another against unjust violence . l. ut vim . ff . de just . & jur . obligeth us to the same , except we thinke god can be pleased with lipp●-love in word onely , which the spirit of god condemneth , ioh. . , . cap. . . and the summe of law and prophets , is that as we would not men should refuse to help us , when we are unjustly oppressed , so neither would we so serve our afflicted brethren . l. in facto ff . de cond . & demonstr . § si uxor . iustit . de nupt . . every man is a keeper of his brothers life , there is a voluntary homicide , when a man refuseth food or physick necessary for his owne life , and refuseth food to his dying brother ; and men are not borne for themselves . and when the king defendeth not subjects against their enemies , all fellow-subjects , by the law of nature , of nations , the civill , and cannon law , have a naturall priviledge to defend one another , and are mutuall magistrates to one another , when there be no other magistrates . if an army of turks or pagans would come upon britaine , if the king were dead , as he is civilly dead in this juncture of time , when he refuseth to helpe his subjects , one part of britaine would help another : as iehoshaphat king of iudah did right in helping ahab and israel , so the lord had approved of the warre . if the left hand be wounded , and the left eye put out , nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye , and so are they obliged to helpe one another . . as we are to beare one anothers burthens , and to help our enemies , to compassionate strangers ; so far more these , who make one body of christ with us . . meroz i● under a curse , who helpeth not the lord , one part of a church another . a woe lieth on them that are at ease in zion , and helpeth not afflicted ioseph , so farre as they are able . . the law of gratitude obligeth us to this : england sent an armie to free both our soules and bodies from the bondage of popery , and the fury of the french , upon which occasion a parliament at leith , anno . established peace and religion , and then after they helped us against a faction of papists , in our owne bosome ; for which we take gods name in a prayer , seeking grace never to forget that kindnesse . . when papists in armes , had undone england ( if god give them victory ) they should next fall on us , and it should not be in the kings power to resist them . when our enemies within two dayes journey are in armes , and have the person of our king , and his judgement , and so the breathing law of the two kingdomes under their power , we should but sleepe to be killed in our nest , if we did not arise and fight for king , church , countrey , and brethren . object . by these and the like grounds , when the kings royall person and life is in danger , he may use papists as subjects , not as papists in his owne naturall self-defence . answ. hell and the devill cannot say , that a thought was in any heart , against the kings person : he sleeped in scotland safe , and at westminster in his owne palace , when the estates of both kingdomes , would not so much as take the water-pot from his bed-side , and his speare ; and satan instilled this traiterous lye , first in prelates , then in papists . . the king professeth his maintenance of the true protestant religion , in his declarations , since he tooke armes ; but if saul had put armes in the hands of baals priests , and in an armie of sidonians , philistims , ammonites , professing their quarrell against israel was not to defend the king , but their dagon and false gods ; cleere it were , sauls armie should not stand in relation of helpers of the kings , but of advancers of their owne religion . now irish papists and english in armes , presse the king to cancell all lawes against popery , and make laws for the free liberty of masse , and the full power of papists , then the king must use papists as papists in these warres . quest . xxxviii . whether monarchy be the best of governments ? nothing more unwillingly doe i write then one word of this question . it is a darke way ; circumstances in falne nature may make things best to be , hic & nunc , evill : though to me it is probable , that monarchy in it selfe , . monarchy , de jure , that is , lawfull and limited monarchy is best ; even now in a kingdome , under the fall of sin , if other circumstances be considered . but observe i pray you , . that m. symmons , and this poore prelate , do so extoll monarchy , that there is not a government save monarchy onely , all other governments are deviations ; and therefore m. symmons saith , pag. . if i should affect another government then monarchy , i should neither feare god , nor the king , but associate my selfe with the seditious : and so the question of monarchy is , . which is the choisest government in it selfe ; or , which is the choisest government in policie , and in the condition of man falne in the state of sinne . . which is the best government , that is , the most profitable , or the most pleasant , or the most honest ? for wee know that there bee these three kinds of good things ; things usefull and profitable , bona , utilia ; things pleasant , jucunda ; things honest , honesta ; and the question may be of every one of the three . . the question may be , which of these governments be most agreeable to nature ? that is , either to nature in it selfe , as it agreeth , communiter , to all natures of elements , birds , beasts , angels , men , to lead them , as a governour doth , to their last end , or which government is most agreeable to men , to sinfull men , to sinfull men of this , or this nation ; for some nations are more ambitious , some more factious ; some are better ruled by one , some better ruled by many , some by most and by the people . . the question may be in regard of the facility or difficulty of loving , fearing , obeying and serving ; and so it may be thought easier to love , feare and obey one monarch then many rulers , in respect that our lord saith , it is difficult to serve two masters , and possibly more difficult to serve twenty or an hundred . . the question may be in regard of the power of commanding , or of the justice and equity of commanding ; hence from this last i shall set downe the first thesis . assert . . an absolute and unlimited monarchy is not onely not the best forme of government , but it is the worst , and this is against our petty prelat , and all royalists . my reasons be these , . because it is an unlawfull ordinance , and god never ordained it ; and i cannot ascribe the superlative degree to any thing , of which i deny the positive : absolute government in a sinfull and peccable man is a wicked government , and not a power from god , for god never gave a power to sin . plenitudo potestatis ad malum & injuriam non extenditur . soz●nus iunior cons. . in causa occurrenti , l. . ferdinand . loazes in suo cons. pro march. de velez . pag. . n. . and so that learned senator ferdin . vasquez . pag. . lib. . cap. . n. . . it was better for the state that epiminondas could not sleepe , then that he could sleepe , when the people was dancing , because , said he , i wake that you may have leave to sleepe and be secure ; for he was upon deepe cogitations , how to doe good to the common-wealth , when the people were upon their pleasures . because all kings since the fall of the father - king adam , are inclined to sin and injustice , and so had need to be guided by a law , even because they are kings , so they remaine men . omnipotency in one that can sin , is a cursed power . with reason all our divines say , the state of saving grace in the second adam , where there is non posse deficere , they cannot fall a way from god , is better then the state of the first adam , where there was posse non deficere , a power not to fall away ; and that our free-will is better in our countrey in heaven , where we cannot sin , then in the way to our countrey on earth , where we have a power to sin , and so gods people is in ● better case , hos. . , . where her power to overtake her lovers is closed up with an hedge of thornes that she cannot finde her paths ; then the condition of ephraim , of whom god saith , hos. . . ephraim is joyned to idols , let him alone . so cannot that be a good government when the supreme power is in a sinfull man , as inclinable to injustice by nature as any man , and more inclinable to injustice by the condition of his place then any : and yet by office he is one that can doe no injustice against his subjects ; he is a king , and so may destroy vriah , kill his subjects , but cannot sinne ; and this is to flattering royalists the best government in the world . as if an unchained lion were the best governour , because unchained , to all the beasts , sheepe and lambs and all others , which with his teeth and pawes he may reach , and that by vertue of an ordinance of god. . what is on man under no restraint , but made a god on earth , and so drunk with the graunder of a sinning-god , here under the moone and clouds ? who may heare good counsell , from men of his owne choosing , yet is under no restraint of law to follow it , being the supreme power absolute , high , mighty , and an impeccable god on earth : certainly this man may more easily erre , and break out in violent acts of injustice , then a number of rulers , grave , wise , under a law. one being a sinfull man , shall sooner sin and turne a nero ( when he may goe to hell , and leade thousands to hell with him gratis ) then a multitude of sinfull men , who have lesse power to doe against law : and a tyrannous killing of innocents , and a subversion of lawes , liberties and religion , by one who may by office , and without resistance of mortall men , doe all ill , is more dangerous and hurtfull , then division and fraction incident to aristocracy . . caesar is great , but law and reason is greater : by an absolute monarchy all things are ruled by will and pleasure above law ; then this government cannot be so good , as law and reason in a government by the best , or by many . . under absolute monarchy a free people is , actu primo , and in themselves inslaved , because though the monarch so absolute should kill all , hee cannot be controlled ; there is no more but flight , prayers and teares remaining , and what greater power hath a tyrant ? none at all , so may we say . an absolute monarch is , actu primo , a sleeping lion , and a tyrant is a waking and a devouring lion , and they differ in accidents onely . . this is the papists way , bellarmine de pontif. l. . c. . and sa●derus de visibili monarchia , l. . c. . turr●re in sum . de eccles. l. . c. . prove that the government of the church is by an absolut● monarch and pope , because that is the best government , which yet is in question . so royalists prove common-wealths must be best governed by absolute monarchs , because that is the best government , but the law saith , it is contrary to nature , even though people should paction to make a king absolute : conventio procuratoria ad dilapidandum & dissipandum juri naturali contraria nulla est , l. filius . de cond . iust. l. nepos . procul . . de verb. signif . l. . ubi . de jure regu● l. . d. tit . assert . . monarchy in its latitude as heaven and earth and all the hoast therein are citizens , is the best government absolutely , because gods immediate government must be best , but that other governments are good or best so farre as they come neere to this , must prove that there is a monarchy in angels , if there be a government , and a monarchy amongst fishes , beasts , birds , &c. and that , if adam had never sinned there should be one monarchy amongst all mankinde . i professe i have no eye to see what government could be in that state , but paternall , or maritall ; and by this reason there should be one catholique emperour over all the kings of the ●arth ; a position holden by some papists , and interpreters of the cannon law , which maketh all the princes of the earth to be usurpers , except these who acknowledge a catholique dominion of the whole earth in the emperour , to whom they submit themselves as vassals . if kings were gods and could not sin , and just as solomon in the beginning of his reigne , and as david , i could say monarchy so limited must be better then aristocracy , or democracy . . because it is farthest from injustice , neerest to peace and godlinesse ; m. l. . § . aparet . ff . de administrat . tutor . l. . § . novissime . ff . de orig. jur . aristot. pol. l. . c. . bodin . de rep. l. . c. . . because god ordained this government in his people . . by experience it is knowne to be lesse obnoxious to change , except that some think the venetian common-wealth best ; but with reverence , i see small difference betweene a king , and the duke of venice . assert . . every government hath some thing wherein it is best . . monarchy is honorable and glorious-like before men . aristocracie for counsell is surest . democracie for liberty , and possibly for riches and gaine ▪ best . monarchy obtaineth its end with more conveniency . . because the ship is easilier brought to land , when one sitteth at the helme , then when ten move the helme . . wee more easily feare , love , obey , and serve one , then many . . he can more easily execute the lawes . assert . . a limited and mixed monarchy , such as is in scotland and england , seeme to me the best government , when parliaments with the king , have the good of all the three . this government hath , . glory , order , unitie from a monarch , from the government of the most and wisest it hath safety of counsell , stability , strength ; from the influence of the commons ▪ it hath liberty , priviledges , promptitude of obedience . object . . there is more power , terrour , and love in one , then in many . answ. not more power , . terrour cometh from sin , and so to nature fallen in sin , in circumstances a monarchy is best . object . . it is more convenient to nature , that one should be lord then many . answ. to sinlesse nature , true , as in a father to many children . object . monarchies for invention of counsels , execution , concealing of secrets , is above any other government . answ. that is in some particulars , because sin hath brought darknesse on us ; so are we all dull of invention , slow in execution , and by reason of the falsnesse of men , silence is needlesse , but this is the accidentary state of nature , & otherways there is safety in a multitude of counsellers : one commanding all without following counsell trusteth in his own heart , and is a foole . object . . a monarch is above envy , because he hath no equall . answ. grant all ; in many things a monarchy is more excellent , but that is nothing to an absolute monarchy , for whom royalists contend . object . . in a multitude there be more fooles then wise men , and a multitude of vices , and little vertue is in many . answ. meere multitude cannot governe in either democracy or aristocracy , for then all should be rulers , and none ruled , but many eyes see more then one , by accident one may see more then hundreds , but accidents are not rules . object . . monarchy is most perfect , because most opposite to anarchy , and most agreeable to nature , as is evident in plants , birds , bees . answ. government of sinlesse nature void of reason , as in bi●ds , bees , is weak to conclude politique civil government amongst men in sin , and especially absolute government , a king-bee is not absolute , nor a king-eagle , if either destroy its fellowes , by nature all rise and d●stroy their king. . a king-bee doth not act by counsell borrowed from fellow bees as a king must do , and communication of counsels lesseneth absolutenesse of a man. . i see not how a monarchy is more opposite to anarchy and confusion , then other governments , a monarch as one , is more opposite to a multitude , as many ; but there is no lesse order in aristocracy then in monarchy : for a government essentially includeth order of commanding and subjection . now one is not , for absolutenesse , more contrary to anarchy then many , for that one now who can easily slip from a king to a tyrant , cannot have a negative voice in acts of justice , for then should he have a legall power to oppose justice , and so for his absolutenesse he should be most contrary to order of justice , and a monarch because absolute , should be a door-neighbour to disorder and confusion . object . but the parliament hath no power to deny their voices to things just , or to crosse the law of god , more then the king. answ. it is true , neither of them hath a negative voice against law and reason , but if the monarch by his exorbitant power may deny justice , he may by that same legall power do all injustice ; and so there is no absolutenesse in either . object . who should then punish and coerce the parliament in the case of exorbitance ? answ. posterior parliaments . object . posterior parliaments and people both may erre . answ. all is true , god must remedy that onely . quest . xxxix . whether or no any prerogative at all above the law be due to the king ? or if jura majestatis be any such prerogative royall ? i conceive kings are conceived to have a threefold supreme power . . strictly absolute , to do what they please , their will being simply a law ; this is tyranicall , some kings have it , de facto , ex consuetudine , but by a divine law none have it ; i doubt if any have it by a human positive law , except the great turk , and the king of spaine over his conqu●st without the borders of europe , and some few other conquerours . there is another . power limited to gods law , the due proper right of kings , deut. . . . . there is . a potestas intermedia , a middle power , not so vast as that which is absolute and tyrannicall , which yet is some way humane : this i take iurists call jus regium , lex regia , jura regalia regis , cicero jura majestatis , livius , jura imperii , and these royall priviledges are such common and high dignities , as no one particular magistrate can have , seeing they are common to all the kingdom , as that cesar only should coyne money in his own name . hence the penny ●●ven to christ , because it had cesars image and superscription . mat● ▪ . , . infer by way of argumentation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. give therefore tribute to cesar , as his due , so the magazine and armory for the safety of the kingdom is in the kings hand , the king hath the like of these priviledges , because he is the common ▪ supreame , publick officer and minister of god for the good of the whole kingdom , and amongst these royall priviledges , i reckon that power that is given to the king , when he is made king , to do many things without warrant of the letter of the law , without the expresse consent of his counsell , which he cannot alwayes carry about with him , as the law saith . the king shall not raise armes without consent of the parliament , but if an army of irish , or danes , or spanyards should suddenly land in scotland , he hath power without a formally conveened parliament , to command them all to rise in armes against these invade●s , and defend themselves , this power to inferiour magistrate hath as he is , but such a magistrate . and in many such exigences , when the necessity of justice or grace requireth an extemporall exposition of lawes , pro re natâ , for present necessary execution , some say onely the emperour , others all kings have these priviledges . i am of the minde of arnisaeus , that these priviledges are not rewards given to princes for their great paines . for the king is not obliged to governe the common-wealth , because he receiveth these royall priviledges as his reward , but because by office he is obliged to gov●rne the common-wealth , therefore these priviledges are given to him , and without them he could not so easily governe . but i am utterly against arnisaeus , who saith , these are not essentiall to a king , because ( saith he ) he createth marquesses , dukes , &c. and nobles , constituteth , magistrates , not because of his royall dignity , but by reason of his absolute power , for many princes have supreame power , and cannot make nobles , and therefore to him they are jura majestatis , non ●ura potestatis . but . the king , suppose a limited king , may ●nd ought to make nobles , for he may conferre honours as a reward of vertue ; none can say pharoah by his absolute authority , and not as a king advanced ioseph to be a noble ruler , we cannot say that , for there was merit and worth in him deserving that honour , and darius not by absolute authority , but on the ground of well-deserving ( the rule by which kings are obliged in justice to confer honours ) promoted daniel , to be the first president of all his kingdomes , because d●n . . . an excellent spirit was in him : and in justice the king could nobilitate none , rather then daniel , except he should fail against the rule of conferring honours . it is acknowledged by all , that honos est proemium virtutis , honour is founded upon vertue , and therefore darius did not this out of his absolute majesty , but as king. . all kings as kings , and by a divine law of god , and so by no absolutenesse of majesty , are to make men of wisdome , fearing god , hating covetousnesse , judges under them , deut. . . chro. . , . psal. . , , . . if we suppose a king to be limited as gods king is deut. . , , . yet is it his part to confer honours upon the worthiest . now if he have no absolutenesse of majesty , he cannot confer honours out of a principle that is none at all , unum quodque sicut est , ita operatur , and if the people confer honours , then must royalists grant that there is an absolute majesty in the people , why then may they not derive majesty to a king ? and why then do royalists talk to us of gods immediate creating of kings , without any interveening action of the people ? . by this absolutnesse of majesty , kings may play the tyrant as samuel sam. . , , , , , . foretelleth saul would do . but i cannot beleeve that kngs have the same very officiall absolute power , from whence they do both acts of grace , goodnesse and justice , such as are to expone laws extemporally in extraordinary cases , to confer honours upon good and excellent men of grace to pardon offenders upon good grounds , and also doe acts of extreme tyrannie : for out of the same fountaine doth not proceed both sweet water and bitter . then by this absolutenesse , kings cannot doe acts of goodnesse , justice and grace , and so they must doe good as kings , and they must doe acts of tyrannie , as men , not from absolutenesse of majesty . . inferiour magistrates , in whom there is no absolutenesse of majesty , according to royalists , way , may expound laws also extemporally , and doe acts of justice , without formalities of civill or municipall laws , so they keep the genuine intent of the law , as they may pardon one that goeth up to the wall of a city , and discovereth the approach of the enemie , when the watchmen are sleeping , though the law be , that any ascending to the wall of the citie shall die . also the inferiour judge may make judges and deputies under himselfe . . this distinction is neither grounded upon reason or lawes , nor on any word of god. not the former , as is proved before , for there is no absolute power in a king to do above , or against law ; all the officiall power that a king hath , is a royall power to do good ▪ for the safety and good of his subjects , and that according to law and reason , and there is no other power given to a king as a king , and for scripture arnisaeus , ibid. alledgeth sam. . the manner or law of the king. ver . . . and he saith , it cannot be the custome and manner of the king , but must be the law of absolute majesty . . because it was the manner of inferiour judges , as tyberius said of his judges , to flea the people , when they were commanded to shear them onely . . samuels sons who wrested judgment and perverted the law , had this manner and custome to oppresse the people , as did the sons of eli : and therefore without reason is it called the law of kings , jus regum , if it was the law of the judges , for if all this law be tyrannicall and but an abuse of kingly power , the same law may agree to all other magistrates , who by the same unjust power may abuse their power , but samuel ( as brentius observeth homi . . in sam. in princ . ) doth meane here a greater license then kings can challenge , if at any time they would make use of their plenitude of absolute power , and therefore , nomine juris , by the word [ law ] here he understandeth a power granted by law , jure , or right to the king , but pernitious to the people , which gregory calleth jus regium tyrannorum , the royall law of tyrants . — so seneca de clem . c. . hoc interest inter regem & tyrannum , species ipsa fortunae ac licentiae par est , nisi quod tyranni ex volutate saeviunt , reges non nisi ex causa & necessitate ? quid ergo ? non reges quoque accidere solent ? sed quoties fieri publica utilitas persuadet , tirannis saevitia cordi est . a tyran ( saith arnisaeus ) in this differeth from a king , qui ne ea quidem vult , quae sibi licent , that a king will not do these things which are lawfull ; a tyran doth quae libet , what he pleaseth to do . answ. arnisaeus bewrayeth his ignorance in the scriptures , for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a custome , and a wicked custome , as by many scriptures i have proved already , his reasons are poor . it is the manner of inferiour judges , as we see in the sons of eli , and samuel , to pervert judgment , as well as king saul did , but the king may more oppresse , and his tyranny hath more colour , and is more catholick then the oppression of inferiour judges , it is not samuels purpose thus to distinguish the judges of israel and the kings , in that the judges had no power granted them of god to oppresse , because the people might judge their judges and resist them , and there was power given of god to the king , so far to play the tyrant , that no man could resist him , or say , what dost thou ? the text will not beare any such difference , for it was as unlawfull to resist moses , ioshua , samuel , as royalists prove from the judgement of god that came upon core , dathan and abiram , as to resist king saul and king david , royalists doubt not to make moses a king. it was also no lesse sin to resist samuels sons , or to do violence to their persons , as judging for the lord , and sent by the supreme judge their father samuel , then it was sin to resist many inferiour judges that were lyons , and even wolves under the kings of israel and iudah , so they judged for the lord , and as sent by the supreme magistrate ; but the difference was in this , that judges were extraordinarily raised up of god out of any tribe , as he pleased , and were beleevers , heb. . . saved by faith , and so used not their power to oppresse the people , though inferiour judges , as the sons of eli and of samuel perverted judgment , and therefore in the time of the judges , god who gave them saviours and judges , was their king , but kings were tied to a certaine tribe , especially the line of david to the kingdom of iudah . . they were hereditary , judges not so . . they were made and chosen by the people , deut. . . . sam. . , , , . sam. . , , . as were the kings of the nations , and the first king ( though a king be the lawfull ordinance of god ) was sought from god in a sinfull imitation of the nations , sam. . , . and therefore were not of gods peculiar election , as the judges , and so they were wicked men , and many of them , yea all for the most part , did evil in the sight of the lord , and their law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their manner and custome was to oppresse the people , and so were their inferiour judges little tyrants , and lesser lyons , leopards , evening wolves . ezech. . . mic. . , , . esa. . , . and the kings and inferiour judges are onely distinguished , de facto , that the king was a more catholick oppressour , and the old lyon , and so had more art and power to catch the prey then the inferiour judges who were but whelps , and had lesse power , but all were oppressors ( some few excepted , and samuel speaketh of that which saul was to be , de facto , not de jure , and the most part of the kings after him ) and this tyranny is well called jus regis , the manner of the king , and not the manner of the jugdes , because it had not been the practice , custome and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the beleeving judges , before sauls reigne , and while god was his peoples king , sam. . . to oppresse . . we grant that all other inferiour judges after the people cast off gods government , and in imitation of the nations , would have a king , were also lesser tyrants , as the king was a greater tyrant , and that was a punishment of their rejecting god and samuel to be their king and judge . . how shall arnisaeus prove that this manner or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the king w●s potestas concessa , a power granted , i hope , granted of god ; and 〈…〉 abuse of kingly power , for then he and royalists must say , that all the acts of tyranny ascribed to king saul , sam. . , , , . by reason of which they did cry out , and complaine to god because of their oppression , was no abuse of power given to saul . ergo , it was an use and a lawfull use of power given of god to their king , for there is no medium or mids betwixt a lawfull power used in morall acts , and a lawfull power abused , and indeed arnisaeus so distinguisheth a king and a tyrant , that he maketh them all one in nature and spece . he saith , a tyrant doth quod licet , that which by law he may do , and a king doth not these things , quae licent , which by law he may do , but so to me it is clear , a tyrant acting as a tyrant , must act according to this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law of the king ▪ and that which is lawfull , and a king acting as a king and not doing these things that are lawfull , must sin against his office , and the power that god hath given to him , which were to commend and praise the tyrant , and to condemne and dispraise the king. . if this law of the king be a permissive law of god , which the king may out of his absolutenesse , put in execution to oppress● the people , such as the law of a bill of divorcement , as arnisaeus , barcklay , and other royalists say , then must god have given a law to every king to play the tyrant , because of the hardnesse of the kings heart , but we would gladly see some word of god for this . the law of a bill of divorcement is a meere positive law permitted in a particular exigent , when a husband out of levity of heart and affection cannot love his wife , therefore god by a law permitted him out of indulgence to put her away , that both he might have a seed ( the want whereof , because of the blessed seed , to be borne of woman , was a reproach in israel ) and though this was an affliction to some particular women , yet the intent of the law , and the soul thereof was a publique benefit to the common-wealth of israel , of which sort of lawes i judge the hard usage permitted by god to his people , in the master toward the servant , and the people of god toward the stranger of whom they might exact usury , not toward their brethren to be ; but that god should make a permissive law that ieroboam might presse all israel to sinne and worship the golden calves , and that a king by law may kill , as a bloody nero , all the people of god , by a divine permissive law , hath no warrant in gods word : judge reader , if royalists make god to confer a benefit on a land , when he giveth them a king , if by a law of god , such as the law for a bill of divorcement , the king may kill and devour as a lawfull absolute lion , six kingdoms of nations that professe christ and beleeve in his name . for if the king have a divine law to kill an innocent ionathan , so as it be unlawfull to resist him , he may by that same law turne bloodier then either nero , iulian , or any that ever sucked the paps of a liones , or of any of whom it may be said , quaeque dedit nutrix ubera , tigris erat . and he shall be given as a plague of god , ex conditione doni , to the people , and the people , inasmuch as they are gifted of god with a king , to feed them in a peaceable and godly life , must be made slaves ; now it wanteth reason that god will have a permissive law of murthering the church of christ , a law so contrary to the publique good and intrinsecall intention of a king , and to the immuta●le and eternall law of nature , that one man because of his power , may by gods permissive law murther millions of innocents : some may say , it is against the duty of love , that by nature and gods law the husband owes to the wife , ephes. . . that the husband should put away his wife ; for god hateth putting away , and yet god made a law , that a husband might give his wife a bill of divorce , and so put her away ; and by the same reason , god may make a law , though against nature , that a king should kill and murther , without all resistance . answ. the question is not if god may make permissive laws to oppresse the innocent ; i grant he may doe it , as he may command abraham to kill his son isaac ▪ and abraham by law is obliged to kill him , except god retract his commandement , and whether god retract it , or no , he may intend to kill his son , which is an act of love and obedience to god ; but this were more then a permissive law. . we have a cleere scripture for a permissive law of divorce , and it was not a law tending to the universall destruction of a whole kingdome , or many kingdomes , but onely to the grievance of some particular wives : but the law of divorce gave not power to all husbands to put away their wives , but onely to the husband , who could not command his affection to love his wife . but this law of the king , is a catholique law to all kings , ( for royalists will have all kings so absolute , as it is sin and disobedience to god to resist any ) that all kings have a divine law to kill all their subjects ; surely , then it were better for the church to want such nurse-fathers , as have absolute power to suck their blood : and for such a perpetuall permissive law continuing to the end of the world , there is no word of god. nor can we think that the hardnesse of one princes heart , can be a ground for god to make a law so destructive to his church and all mankinde : such a permissive law , being a positive law of god , must have a word of christ for it , else we are not to receive it . . arnisaeus cap. . distru . tyran . & princ . n. . thinketh a tyrant , in excercito , becomming a notorious tyrant , when there is no other remedy may be removed from government , sine magno scel●re , without great sin . but i aske how men can annull any divine law of god , though but a permissive law. for if gods permissive law warrant a tyrant to kill two innocent men , it is tyranny more or lesse , and the law distinguisheth not . . this permissive law is expressely contray to gods law , limiting all kings deut. . , , . how then are we to beleeve , that god would make an universall law contray to the law that he established before israel had a king ? . what brentius saith is much for us , for he calleth this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law a licence , and so to use it must be licentiousnesse . . arnisaeus desireth that kings may use sparingly the plenitude of their power , for publique good ; there must be ( saith he ) necessity to make it lawfull to use the plenitude of this power justly ; therefore ahab sinned , in that he unjustly possessed naboths vineyard , though he sinned specially in this , that he came to the possession by murther , and it was peculiar to the iewes , that they could not transfer their possessions from one tribe to another . but if it be so , then this power of absolutenesse is not given , by permissive law , by which god permitted putting away of wives , for the object of a permissive law is sinne , but this plenitude of power may be justly put forth in act ( saith he ) if the publique good may be regarded : i would know what publique good can legittimate tyranny and killing of the innocent , the intentions of men can make nothing intrinsecally evil to become good . and . how can that be a permissive law of god , and not his approveing law by which kings create inferiour judges ? for this is done by gods approving will. . it is evident that arnisaeus his minde is , that kings may take their subjects vineyards , and their goods , so they erre not in the manner , and way of the act , so be like , if there had not been a peculiar law that naboth should not sell his vineyard , and if the king had had any publique use for it , he might have taken naboths vineyard from him , but he specially sinned ( saith he ) in eo maxime culpatur , &c. that he took away the mans vineyard by murthering of him , therefore saith arnisaeus c. . de potest . maj . in bona privato . . that by the kings law sam. . there is given to the king , a dominion over the peoples sons , daughters , fields , vineyards , olive-yards , servants and flockes . so he citeth that that daniel putteth all places , the rocks of the mountaines , the birds of the heaven dan. . under the kings power . so all is the kings in dominion , and the subjects in use onely . but . this law of the king then can be no ground for the kings absolutenesse above law , and there can be no permissive law of god here , for that which assert●th the kings royall dominion over persons and things , that must be the law of gods approving , not his permiting evil , but this is such a law as arnisaeus saith . . the text speaketh of no law or lawful power , or of any absolutenesse of king saul ; but of his wicked custome , and his rapine and tyranny , he will take your sons , your daughters , your fields , and your vineyards from you . saul took not these through any power of dominion by law , but by meere tyranny . . i have before cleared that the subjects have a propriety , and an use also , else how could we be obliged by vertue of the fift commandement to pay tribute to the king , rom. . . for that which we pay , was as much the kings before we payed , as when we have paied it . . arnisaeus sai●h all are the kings in respect of the universall jurisdiction , that the king hath in governing and ordering all to the universall end , the good of the common-wealth , for as universall nature careth for the conservation of the spece and kind , so doth particular nature care for the conservation of individuals , so do men care for their private good , and the king is to refer every mans private goods , to the good of the publick , but the truth is , this taketh not away propriety of goods from private men , retaining onely the use to private men , and giving the dominion to the king , because this power that the king ●ath of mens goods , is not power of dominion , that the king hath over the goods of men , as if the king were dominus , lord and owner of the fields and monyes of the private subject , but it is a power to regulate the goods for a publique use , and supposeth the abuse of goods , when they are monopolized to , and for private ends . . the power that the king hath over my bread is not a power of dominion , so as he may eat my bread , as if it were his own bread , and he be lord of my bread as i was sometimes my self , before i abused it , but it is a dominion unproperly , and abusively so called , and is a meere fiduciary , and dispensatory power , because he is set over my bread not to eat it , nor over my houses to dwel in them , but onely with a ministeriall power as a publique , though a honourable servant and w●tchman app●inted by the community , as a mean for an end to regulate my bread , houses , moneys , fields for the good of the publique . dominion is defined a faculty to use a thing as you please , except you be hindered by force , or by law. ●ustin . tit . c. de legibus in l. digna vox . &c. so have i a dominion over my own garments , house , money , to use them for us●s not forbidden by the law of god , and man , but i may not lay my corne field wast that it shall neither bear grass● nor corne , the king may hinder that , because it is a hurt to the publique : but the king as lord and soveraigne hath no such dominion over naboths vi●eyard . h●w the king is lord of all goods , ratione jurisdictionis , & tuitionis s● . anton. de paudrill . in l. altius . n. . c. de servit . hottom . illust . quest . q. . ad fin . conc. . lod. molin . de just . & jur . dis . . soto . de justiti● & jur . l. . q. . art . . quest . xl. whether or no the people have any power over the king , either by his oath , covenant , or any other way ? aristotle saith , ethic. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a tyrant seeketh his owne , a king the good of the subjects , for he is no king who is not content , and excelleth in goodnesse . the former part of these words distinguish essentially the king by his office , from the tyrant . now every office r●qu●reth essentially a duty to be performed by him that is in office ; and where there is a duty required , there is some obligation ; if it be a politique duty , it is a politique obligation . now amongst politique duties betwixt equall and equall , superiour and inf●riour , that is not , de facto , required coaction for the performance ther●●f , but de jure , there is , for two neighbour kings and two neighbour nations , both being equall and independent , the one toward the other , the one owe a duty to the other , and if the ammonites do a wrong to david and israel , as they are equall de facto , the one cannot punish the other , though the ammonites do a disgrace to davids messengers , yet de jure , david and israel may compell them to politique duties of politique cons●ciation ; ( for betwixt independent kingdomes there must be some politique government , and some politique and civil lawes , for two or three making a society , cannot dwell together without some policy ) and david and israel as by the law of nature they may repell violence with violence , so if the lawes of neighbour-hood and nations be broken , the one may punish the other , though there be no relation of superiority and inferiority betwixt them . . where ever there is a covenant and oath betwixt equals , yea or superiours and inferiours , the one hath some coactive power over the other ; if the father give his bond to pay to his son ten thousand pounds , as his patrimony to him , though before the giving of the bond the father was not obliged , but onely by the law of nature to give a patrimony to his son , y●t now by a politique obligation of promise , covenant and writ he is obliged so to his son to pay ten thousand pounds , that by the law of nations and the civil law , the son hath now a coactive power by law to compell his father , though his superiour , to pay him no lesse then ten thousand pounds of patrimony . though therefore the king should stand simply superiour to his kingdom and estates ( which i shall never grant ) yet if the king come under covenant with his kingdom , as i have proved at length c. . he must , by that same , come under some coactive power to fulfill his covenant , for omne promissum ( saith the law ) cadit in debitum . what any doth promise falleth under debt , if the covenant be politique and civil , as is the covenant between king david and all israel , sam. . , , . and between king iehoash and the people , king. . , . then the king must come under a civil obligation to performe the covenant , and though their be none superiour to king , and the people on earth to compell them both to performe what they have promised , yet de jure , by the law of nations , each may compell the other to mutuall performance . this is evident , . by the law of nations , if one nation break covenant to another , though both be independent , yet hath the wronged nation a coactive power , de jure ( by accident , because they are weaker , they want stength to compell , yet they have right , and jus to compell them ) to force the other to keep covenant , or then to punish them , because nature teacheth to repel violence by violence , so it be done without desire of revenge and malice . . this is proved from the nature of a promise or covenant , for solomon saith , prov. . . my son , if thou be surety for thy friend , if thou hast stricken thy hand with a stranger , . thou art snared with the words of thy mouth , & art taken with the words of thy mouth . but whence is it that a man free is now snared as a beast in a gin or trap ? certainly solomon saith it is by a word and striking of hands , by a word of promise and covenant . now the creditor hath coactive power , though he be an equall or an inferiour to the man who is surety , even by law to force him to pay , and the judge is obliged to give his coactive power to the creditor , that he may force the surety to pay . hence it is cleare that a covenant maketh a free man under the coactive power of law to an equall and to weaker , and the stronger is by the law of fraternity to help the weaker , with his coactive power , to cause the superiour fulfill his covenant . if then the king ( giving , and not granting , he were superiour to his whole kingdome ) come under a covenant to them , to seek their good , not his owne , to defend true protestant religion , they have power to compell him to keep his covenant , and scotland ( if the king be stronger then england , and break his covenant to them . ) is obliged by gods law , prov. . . to adde their forces and coactive power to help their brethren of england . . the law shall warrant to loose the vassal from the lord , when the lord hath broken his covenant . hippolitus in l. si quis viduam col . . & dixit de quest . l. si quis major . . & . bartol . n. . the magdeburgens . in libel . de offic . magistrat . imperatores & reges esse primarios vasallos imperii , & regni , & proinde si feloniam contra imperium aut regnum committant , fewdo privari , proinde ut alios vasallos . arnisaeus q. . an princeps qui jurat subditis , &c. n. . saith , this occasioneth confusion and sedition . the egyptians ( saith he ) cast off ptolomeus , because he affected too much the name of a king of the romans his own friend , dion . l. . the states punished archidanius because he married a wife of a low stature , plutarch . in agos . in pris . the ancient burgundions thought it cause enough to expell their king , if matters went not well in the state , marcel . l. . the goths in spain gave no other cause of expelling their king , nisi quod sibi displiceret , because he displeased them . aimon . l. . c. . l. . c. . ans. all these are not to be excused in people , but neither every abuse of power in a king exautorateth a king , nor every abuse in people , can make null their power . arnisaeus maketh three kinds of oathes : the first is , when the king sweareth to defend true religion , and the pope , and he denyeth that this is an oath of fidelitie , or by paction or covenant made to th● pope or clergie , he saith it is onely on oath of protection , nor doth the king receive the crown from the pope or clergie . answ. . arnisaeus divideth oathes that are to be conjoyned , we read not that kings sweare to defend religion in one oath , and to administrate judgement and justice in another : for david made not two covenants , but onely one with all israel . . the king was not king while he did swear this oath , and therefore it must be a pactionall oath between him and the kingdom , and it is true the king receiveth not a crown from the church , yet david received a crowne from the church , for this end , to feed the lords people , and so conditionally . papir masse l. . chron. gal. saith , the king was not king before the oath . . that he did sweare to be a keeper not onely of the first , but also of the second table of the law. ego n. dei gratia , mox futuras rex francorum , in die ordinationis mea coram deo , & sanctis ejus polliceor , quod servabo privilegia canonica , justitiamque & jus unicuique praelato debitum , vosque defendam , deo juvante , quantum potero , quemadmodum rex ex officio in suo regno defendere debet , unumquemque episcopum ac ecclesiam , & administrabo populo justitiam & leges , uti jus postulat . and so is it ordained in the councel of tolet. . c. . quisquis deinceps regni sortitus fuerit apicem , non ante conscendat regiam sedem , quam inter reliquas conditiones sacramento policitus fuerit , quod non sinet in regno suo degere cum qui non sit catholicus . all these by scripture are oath●s of covenant , deut. . ver . , . sam. . , , , . kings . , . arnisaeus maketh a second oath of absolute kings , who sweare they shall raigne according to equitie and justice ; and he saith , there is no need of this oath , a promise is enough , for an oath encreaseth not the obligation . l. fin . de non num . pec . onelie it addeth the bound of religion , for there is no use of an oath , where there is no paction of law against him that sweareth , if he violate his oath . there followeth onelie the punishment of perjurie . and the word of a prince is as good as his oath , onelie he condescendeth to sweare to please the people , out of indulgence , not out of necessitie . and the king doth not therefore sweare because he is made king , but because he is made king he sweareth . and he is not king because he is crowned , but he is crowned because he is king. where the crowne goeth by succession , the king never dieth ; and he is king by nature before he be crowned . answ. . this oath is the very first oath spoken of before , included in the covenant that the king maketh with the people , sam. . , , . for absolute princes , by arnisaeus his grant , doth swear to do the duties of a king , as bodinus maketh the oath of france , de rep. l. . c. . iuro ego , per deum , ac promitt● me justè regnaturum ▪ judicium , equitatem , ac misericordiam facturum . and papir . mass. l. . chron. hath the same expresly in the particulars . and by this a king sweareth he shall not be absolute , and if he swear this oath , he bindeth himself not to governe by the law of the king , whereby he may play the tyrant as saul did , sam. . , , , , &c. as all royalists expound the place . . it is but a poor evasion to distinguish betwixt the kings promise and his oath , for the promise and covenant of any man , and so of the king doth no lesse bring him under a civil obligation and politique coaction , to keep his promise , then an oath , for he that becometh surety for his friend doth by no civil law , sweare he shall be good for the sonne , or performe in liew and place of the friend , what he is to performe , he doth onely covenant and promise , and in law and politique obligation he is taken and snared by that promise , no lesse then if he had sworne . reuben offereth to be caution to bring benjamin safe home to his old father , gen. . . & iudah also , gen. . . but they do not swear any oath , & it is true that an oath adeth nothing to a contract and promise , but onely it laies on a religious tie before god , yet so as consequently , if the contractor violate both promise and oath , he cometh under the guilt of perjury , which a law of men may punish . now that a covenant bringeth the king under a politique obligation , as well as an oath is already proved , and farther confirmed by gal. . . though it be a mans testament or covenant no man disanulleth and addeth thereunto ; no man even by mans law can anull a confirmed covenant , and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant ; and so must the king put himself under mens law , by a covenant at his coronation . yea and david is reputed by royallists , an absolute prince , yet he cometh under a covenant before he be made king. . it is but a weak reason to say , that an oath is needlesse , where no action of law can be against the king who sweareth , if it have any strength of reason . i retort it , a legall and solemne promise then is needlesse also , for there is no action of law against a king ( as royalists teach ) if he violate his promise . so then king david needlesly made a covenant with the people at his coronation ; for though david should turne as bloody an enemie to the church as nero or iulian , the people have no law-action against david ; and why then did ieremiah seek an oath of the king of iudah , that he would not kill him , nor deliver him into the hands of his enemies ? and why did david seek an oath of ionathan ? it is not like ieremiah and david could have law-action against a king and a kings son , if they should violate the oath of god. and farther , it is a begging of the question , to say that the states can have no action against the king , if he should violate his oath . hugo grotius putteth seven cases in which the people may have most reall action against the king to accuse and punish him . . they may punish the king to death , for matters capitall , if so it be agreed on betwixt the king and the people , as in lacedemonia . . he may be punished as a private man. . if the king make away a kingdome given to him by succession , his act is null , and he may be resisted , because the kingdome is a life-rent onely to him . yea saith barclay , he loseth the crown . . he loseth his kingdom , if with a hostile mind he seek the destruction of the kingdome . . if such a clause be put in , that if he commit felonie , or doe such oppressions , the subjects shall be loosed from the bonds of subjection ; then the king failing thus , turneth a private man. . if the king have the one halfe or part of the kingdome , and the people or senate the other halfe ; if the king prey upon that half which is not his owne , he may violently be resisted , for in so farre he hath not the empire . . if when the crowne was given , this be declared , that in some cases he may be resisted ; then some naturall liberty is free from the kings power , and reserved in the peoples hand . it is then reason that the king sweare an oath . . that the kings oath is but a ceremonie to please the people , and that because he is king , and king by birth ; therefore he sweareth , and is crowned , is in question , and denyed . no man is borne a king , as no man is borne a subject , and because the people maketh him king , therefore he is to swear . the councel of toledo saith , non antea conscendat regiam sedem quam iuret . an oath is a religious obligation , no arbitrary ceremony . . he may swear in his cabinet chamber , not covenanting with the people , as david and iehoash did . . so he maketh promises that he may be king , not because he is king , it were ridiculous , he should promise or swear to be a just king , because he is a just king , and by the same reason the estates swear the oath of loyalty to the new king , not that they may be loyall in all time coming , but because they are loyall subjects already , for if the one half of the covenant on the kings part be a ceremony of indulgence , not of necessity , by the same reason , the other half of the covenant must be a ceremony of indulgence also to the people . object . arnisaeus saith , a contract cannot be dissolved in law , but by consent of two parties contracting , because both are obliged . l. ab emptione . in pr. de pact . l. . de rescind . vend . l. . de solu . therefore if the subjects go from the covenant , that they have made to be loyall to the king , they ought to be punished . answ. a contract , the conditions whereof are violated , by neither side , cannot be dissolved , but by the joynt consent of both ; and in buying and selling , and in all contracts unviolated , the sole wil of neither side can violate the contract , of this speaketh the law . but i ask the royalist , if the contract betwixt the spies sent to view iericho and rahab the harlot , had not been null , and the spies free from any obligation , if rahab had neglected to keep within doors , when iericho was taken , though rahab and the spies had never consented expresly to break the covenant ? we h●ld that the law saith with us , that vassals lose their farme , if they pay not what is due : now what are kings but vassals to the state , who if they turne tyrants , fall from their right ? arnisaeus saith in the councell of toledo . c. . the subjects ask from the king , that kings would be meek and just , not upon the ground of a voluntarie contract and paction , but because god shall rejoice in king and people , by so doing . answ. these two do no more fight one with another , then that two marchants should keep faith one to another , both because god hath said he shall dwell in gods mountaine who sweareth and covenanteth , and standeth to his oath & covenant , though to his losse & hurt , psa. . and also , because they made their covenant and contract thus and thus . arnisaeus . . every prince is subject to god , but not as a vassal : for a master may commit felonie , and lose the proprietie of his farme ; can god do so ? the master cannot take the farme from the vassal without an expresse cause legally deduced , but cannot god take what he hath given , but by a law-processe ? a vassall can intitle to himself a farme against the masters will , as some jurists say , but can a prince intitle a kingdom to himself , against the god of heavens will ? though we grant the comparison , yet the subjects have no law over the kings , because the coercive power of the vassal is in the lord of the manner , the punishing of kings belongeth to god. answ. we compare not the lord of a mannor and the lord of heaven together , all these dissimilitudes we grant , but as the king is gods vassal , so is he a noble and princely vassal to the estates of a kingdom , because they make him . . they make him rather then another their noble servant . . they make him for themselves , and their own godly , quiet , and honest life . . they , in their first election , limit him to such a way , to governe by law , and give to him so much power for their good , no more , in these four acts they are above the prince , and so have a coercive power over him . arnisaeus n. . it is to make the princes fidelity doubtfull to put him to an oath . lawyers say there is no need of an oath , when a person is of approved fidelitie . answ. then we are not to seek an oath of an inferiou r magistrate , of a commander in wars , of a pastor , it is presumed these are of approved fidelity , and it maketh their integritie obnoxious to sland●rs , to put them to an oath . . david was of more approved fidelity then any king now adayes , and to put him to a covenant seemed to call his fidelity in question ; ionathan sought an oath of david to deal kindly with his seed , when he came to the throne , ieremiah sought an oath of the king of iudah , did they put any note of false-hood on them therefore ? arnisaeus . you cannot prove that ever any king gave an oath to their subjects in scriptures . answ. what more unbeseeming kings is it to swear to do their duty , then to promise covenant wayes to do the same ? and a covenant you cannot deny . . in a covenant for religious duties there was alwayes an oath . chro. . , , . hence the right of cutting a calf , and swearing in a covenant ier. . . . there is an oath that the people giveth to the king to obey him , eccles. . . and a covenant sam. . , , . mutuall between the king and people , i leave it to the juditious , if the people swear to the king obedience in a covenant mutuall , and he swear not to them . arnisaeus sheweth to us a third sort of oath that limited princes do swear , this oath in denmarke , suecia , polonia , hungaria , is sworne by the kings , who may do nothing without consent of the senat , and according to order of law , this is but the other two oathes specified , and a prince cannot contraveen his own contract , the law saith in that the prince is but as a private man , in l. digna vox c. de ll . rom. cons. . n. . and it is known that the emperour is constituted and created by the princes electors , subject to them , and by law may be dethroned by them . the b. of rochester saith from barclay , none can denude a king of his power , but he that gave him the power , or hath an expresse commandement so to do , from him that gave the power . but god onely and the people gave the king his power . ergo , god with the people having an expresse commandement from god , must denude the king of power . answ. . this shall prove that god onely by an immediat action , or some having an expresse commandement from him , can deprive a preacher for scandals , christ onely , or those who have an expresse commandement from him can excommunicate , god only or the magistrate with him can take away the life of man ; and numb . . , , . no inferiour magistrates , who also have their power from god immediatly , rom. . . if we speak of the immediation of the office , can devide inferiour judges of their power . god only by the husbandmans paines maketh a fruitfull vineyard , ergo , the husbandman cannot make his vineyard grow over with nettles and briars . . the argument must run thus , else the assumption shall be false . god onely by the action of the people , as his instrument , and by no other action make a lawfull king. god onely by the action of the people as his instrument can make a king , god onely by the action of the people as his instrument can dethrone a king , for as the people making a king , are in that doing what god doth before them , and what god doth by them in that very act , so the people unmaking a king , doth that which god doth before the people , both the one and the other according to gods rule obligeth , deut. . . . . . . . . the prelate , whose tribe seldom saith truth , addeth , as a fatherly power , by god and natures law , over a family , was in the father of a family , before the children could either transfer their power , or consent to the translation of that power to him , so a kingly power ( which succeedeth to a paternal or fatherly power ) to governe many families , ( yea & a kingdom ) was in that same father , in relation to many families , before these many families can transfer their power . the kingly power floweth immediately from god , & the people doth not transfer that power , but doth onely consent to the person of the king , or doth onely choose his person at some time . and though this power were principally given to the people , it is not so given to the people as if it were the peoples power , & not gods ▪ for it is gods power , neither is it any other waies given to the people , but as to a streame , a beam , and an instrument which may confer it to another . m. anton. de domini . l. . c. . n . . doth more subtilly illustrate the matter , if the king should confer honour on a subject , by the hand of a servant , who had not power or freedom to confer that honour , or not to confer it , but by necessity of the kings commandment must confer it , nothing should hinder us to say , that such a subject had his honour immediately from the king : so the earth is immediately illuminated by the sun , although light be received in the earth , but by the interveening mediation of many inferiour bodies and elements , because by no other thing , but by the sun only , is the light as an efficient cause in a nearest capacity to give light , so the royall power in whomsoever it be is immediatly from god onely , though it be applyed by men to this , or this person , because from god onely , and from no other the kingly power is formally and effectively that which it is , and worketh that which it worketh , and if you ask by what cause is the tree immediatly turned in fire , none sound in reason would say , it is made fire , not by the fire , but by him that laid the tree on the fire . iohn p. p. would have stollen this argument also , if he had been capable thereof . ans. . a fatherly power is in a father , not before he have a child , but indeed before his children by an act of their free-will consent that he be their father , yea & whether the children consent or no , from a physical act of generation he must be the father ; & let the father be the most wicked man & let him be made by no moral requisite , is he made a father , nor can heever leave off physically to be a father , he may leave off morally to do the duty of a father , & so be non pater officio , but he cannot but be pater naturae generantis vi . so there never is nor can be any need , that childrens fre consent interveen to make kish the father of saul because he is by nature a father , to make saul a king & a moral father by analogy and improperly , a father by ruling , governing , guiding , defending israel , by good laws , in peace and godlinesse , i hope there is some act of the peoples free-will required even by spalatoes way , the people must approve him to be king , yea they must king him , or constitute him king , say we , no such act is required of naturall sons to make a physicall father , and so here is a great halt in the comparison , and it is most false that there is a kingly power to governe many families in the same father , before these many families can transfer their power to make him king. put royallists to their logick , they have not found out a medium to make good , that there is a formall kingly power , whereby saul is king and father morally over all israel before israel chose him and made him , as kish was sauls father formally , and had a fatherly power to be his father , before saul had the use of free-will to consent , that he should be his father . royalists are here at a stand ; the man may have royall gifts before the people make him king , but this is not ( regia potestas ) a royall power , by which the man is formally king. many have more royal gifts then the man that beareth the crown , yet are never kings , nor is there formally , ( regia potestas ) kingly power in them . in this meaning petrarcha said , plures sunt reges quam regna . . he saith , the people doth not confer royall power , but onely consent to the person of the man , or choise of his person . this is non-sense , for the peoples choosing of david at hebron to be king , and their refusing of sauls seed to be king , what was it but an act of god , by the free suffrages of the people , conferring royall power on david , and making him king ? whereas in former times , david even anointed by samuel at bethleem , sam. . was onely a private man , the subject of king saul , and never tearmed by the spirit of god , a king ; nor was he king , till god , by the peoples consent , made him king at hebron ; for samuel neither honoured him as king , nor bowed to him as king , nor did the people say , god save king david , but after this david acknowledged saul as his master , and king. let royalists shew us any act of god making david king , save this act of the people making him formally king at hebron , and therefore the people as gods instrument transferred the power , and god by them in the same act transferred the power , and in the same they chose the person ; the royalists affirm these to be different actions ; affirmanti incumbit probatio . . this power is the peoples radically , naturally , as the bees ( as some think ) have a power naturall to choose a king-bee , so hath a communitie a power naturally , to defend and protect themselves ; and god hath revealed in deut. . , . the way of regulating the act of choosing governours and kings , which is a speciall mean of defending and protecting themselves ; and the people is as principally the subject and fountain of royall power , as a fountain is of water . i shall not contend , if you call a fountain gods instrument to give water , as all creatures are his instruments . . for spalato's comparison , he is far out , for the people choosing one of ten to be their king , have freewill to choose any , and are under a law , deut. . , . in the manner of their choosing , and thought , they erre and make a sinfull choice ; yet the man is king , and gods king , whom they make king ; but if the king command a servant to make a. b. a knight , if the servant make c. d. a knight , i shall not think c. d. is a valid knight at all ; and indeed , the honour is immediately here from the king , because the kings servant by no innate power maketh the knight , but nations by a radicall and naturall and innate power maketh this man a king , not this man : and i conceive , the man chosen by the people , oweth thanks , and gratefull service to the people , who rejected others , that they had power to choose , and made him king. . the light immediately and formally , is light from the sun , and so is the office of a king , immediately instituted of god , deut. . . whether the institution be naturall , or positive , it is no matter . . the man is not king , because of royall indowments , though we should say these were immediately from god , to which instruction and education may also conferre not a little ; but he is formally king , ratione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in regard of the formall essence of a king , not immediately from god , as the light is from the sun , but by the mediation of the free consent of the people , sam. . , , . nor is the people in making a king , as the man who onely casteth wood in the fire ; the wood is not made fire formally , but by the fire , not by the approach of fire to wood , or of wood to fire ; for the people do not apply the royaltie , which is immediately in , and from god to the person : explicate such an application ; for to me it is a fiction unconceiveable , because the people hath the royaltie radically in themselves , as in the fountain and cause , and conferreth it on the man who is made king ; yea , the people by making david king , confer the royall power on the king : this is so true , that royalists forgetting themselves , inculcate frequently in asserting their absolute monarch from vlpian , but misunderstood , that the people have resigned all their power , libertie , right of life , death , goods , chastitie , a potency of rapine , homicides , unjust wars , &c. upon a creature called an absolute prince , even , saith grotius , as a man may make himself a slave , by selling his liberty to a master . now if the people make away this power to the king , and this be nothing but the transcendent absolutenesse of a king : certainly , this power was in the people ; for how can they give to a king , that which they have not themselves ? as a man cannot make away his liberty , to a master , by becoming a slave to him , if his libertie were immediately in god , as royalists say , soveraigntie is immediately in god , and people can exercise no act about soveraignty , to make it over to one man , rather then to another . people onely have an after-approbation , that this man to whom god hath given it immediately , shall have it . furthermore , they say , people in making a king , may make such conditions , as in seven cases a king may be dethroned , at least resisted , saith hu. grotius . ergo , people may give more , or lesse , half or whole , limited or absolute royall power to the prince ; but if this power were immediately in god , and from god ; how could the people have the husbanding of it , at their need to expend it out in ounce weights , or pound weights , as they please ? and that the people may be taverners of it , to sell , or give it , is taught by grotius de jur . bel & pac . l. . c. . barclai . advers . monarch . l. . c. . arnisae . cap. . de majest . an princeps qui jurat subditis , &c. n. . n. se aventiun . anal. l. . chytreus , l. . l. . saxon sleid. lib. . in fi ; yet arnisaeus is not ashamed to cite arist. po . c. . l. . that he is not a true and absolute king , who ruleth by laws : the point black contrary of which aristotle saith . quest . xli . whether doth the p. prelate upon good grounds , ascribe to us the doctrine of jesuites in these questions of lawfull defensive wars ? the p. prelate without all ground , will have us all iesuites in this point ; but if we make good , that this truth was in scripture before a iesuite was in the earth , he falleth fron his cause . p. prelate . the begardi saith , there was no government , no law given to the just . it f●●reth me , this age fancieth to it self , some such thing , and have learned of core , dathan , &c. ans. this calumniator in the next words belieth himself , when he saith , we presuppose , that these with whom we are to enter in lists , do willingly grant , that government is not onely lawfull and just , but necessary both for church and common-wealth : then we fancie no such thing as he imputeth to us . p. prelate . some said , that the right of dominion is founded on grace ; whether the waldenses and hus , held any such tenet , i cannot now insist to prove , or disprove . gerson and others held , that there must be a new title and right to what men possesse : too many too confidently hold these , or the like . answ. . that dominion is founded upon grace , as its essentiall pillar ; so as wicked men be no magistrates , because they are in mortall sin , was falsly imputed to ancient protestants , the waldenses , wickcliff , and hus , by papists ; and this day by iesuites , suarez , bellarmine , becan . the p. prelate will leave them under this calumny , that he may offend papists and iesuites as little as he can , but he would lay it on us ; but if the p. prelate think , that dominion is not founded on grace , de jure , that rulers should have that spirit that god put on the seventy elders for their calling , and that they ought not to be men fearing god , and hating covetousnesse , as gerson and others did , he belieth the scripture . . it is no errour of gerson , that beleevers have a spirituall right to their civill possessions , but by scripture , cor. . . revel . . . p. prelate . the iesuites are ashamed of the errour of casuists , who hold that , directum imperium , the direct and primary power , supreme , civill , and ecclesiasticall , is in the pope ; and therefore , they give an indirect directive , and coercive power to him , over kings and states , in ordine ad spiritualia : so may he king and un-king princes at his pleasure . our presbyterians , if they run not fully this way , are very neer to it . answ. the windy man would seem versed in school-men , he should have named some casuists , who hold any like thing . . the presbyterians must be popes , because they subject kings to the gospel , and christs scepter in church censures , and think christian kings may be rebuked for blasphemy , blood-shed , &c. whereas prelates , in ordine ad diabolica , murther souls of kings . . prelates do king princes . an p. arch-prelate , when our king was crowned , put the crown on king charls head , the sword and scepter in his hand , anointed him in his hands , crown , shoulders , arms , with sacred oyl : the king must kisse the archbishop , and bishops ; is not this to king prince● , in ordine ad spiritualia : and these that kingeth may unking , and judge what relation the p. arch-bishop spotwood had , when he proffered to the king , the oath that the popish kings sweareth to maintain , the professed religion ( not one word of the true protestant religion ) and will carefully root out all hereticks , and enemies ( that is protestants as the expone it , ) to the true worship of god , that shall be convicted by the true church of god of the foresaid crimes . and when the prelates professed , they held not their prelacies of the king , but of the pope indeed : who are then nearest to the popes power , in ordine ad spiritualia ? . how will this black mouthed calumniator , make presbyterians to dethrone kings ? he hath written a pamphlet of the inconsistency of monarchie and presbyterian government , consisting of lies , invented calumnies of his church , in which he was baptized . but the truth is , all his arguments prove the inconsistencie of monarchs and parliaments , and transform any king in a most absolute tyrant ; for which treason he deserveth to suffer as a traytor . p. prelate . q. . c. . the puritan saith , that all power civill , is radically and originally seated in the communitie ; he here joyneth hands with the jesuite . answ. in six pages he repeateth the same things . . is this such an heresie , that a colonie casted into america by the tyranny of p. prelates , have power to choose their own governours ; all israel was hereticall in this , for david could not be their king , though designed and anointed by god , sam. . till the people , sam. . put forth in act , this power , and made david king in hebron . . let the prelate make a syllogisme , it is but ex utraque affirmante in secunda figura , logick like the bellies of the court , in which men of their own way is disgraced and cast out of grace and court , because in this controversie of the king with his two parlia●ents , they are like erasmus in gods matters , who said , lutherum nec accuso , nec defendo . . he is discourted who ever he be , who is in shape like a puritan , and not fire and sword against religion and his countrey , and oath and covenant with god , and so it is this . the iesuite teacheth , that power of government is in the communitie originally . the puritan teacheth , that power of government is in the communitie originally . ergo , the puritan is a iesuite . but so the puritan is a iesuite , because he and the iesuite teacheth , that there is one god , and three persons ; and if the prelate like this reasoning , we shall make himself and the prelates , and court-divines , iesuites upon surer grounds . jesuites teach , the pope is not the antichrist . . christ locally discended to hell , to free some out of that prison . . it was sin to separate from babylonish rome . . we are justified by works . . the merit of fasting is not to be condemned . . the masse is no idolatry . . the church is the judge of controversies . . all the arminian points are safer to be beleeved , then the contrary ; yea , and all the substantials of popery are true , and catholick doctrine to be preached and printed : the prelates and court-divines , and this prelate conspireth , in all these with the iesuites , as is learnedly and invincibly proved in the treatise , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the canterburian self-conviction : to which no man of the prelaticall and romish faction durst ever make answer for their hearts : and see then who are iesuites . . this doctrine was taught by lawyers , protestants , yeilded to by papists before any iesuite was whelped in rerum naturâ . never learned man wrote of policy , till of late ; but he held power of government , by the light of nature must be radically and originally , in a communitie : the p. prelate saith , iesuites are not the father of this opinion , cap. . pag. . how then can the liar say , that the puritan conspireth with the iesuite ? suarez the iesuite de primat . sum . pontifi . l. . c. . n. . non est novum , aut a cardinali bellarmino inventum . the iesuite tannerus will not have their family the mother of this opinion , tom. . disp . . de leg . q. . in . q. , . dubi . . n. . sine dubio communis omnium theologorum & iurisperitorum sententia , &c. the iesuite tolet , in rom. . taketh it for a ground , that the civill powers are from god , by the naturall mediation of men , and civill societies . . iesuites teach , that there is no lawfull christian society truely politick that hath a neer and formall power , to choose and ordain their own magistrates , but that which acknowledgeth subjection , and the due regulation of their creating of magistrates , to be due and proper to the pope of rome . we acknowledge no wayes the bishop of rome , for a lawfull bishop and pastor at all : but this popish prelate doth acknowledge him , for he hath these words , cap. . pag. . it is high presumption in the pope , to challenge to himself , the title or right of christs universall vicar on earth , by divine right . the pope , the bishop of rome , hath no more by divine right , ( what he may have by positive ecclesiasticall right , is not pertinent for us now to examine and discusse ) no higher priviledge ( except it be in extent ) then the meanest bishop of the world in his diocesse . and amongst all proofes , he passing by scriptures , which should prove , or improve a divine right , he will content himselfe with one proofe of cyprian , de unitat . eccles. and endeth with these words : would god , both sides , in this , and other controversies , would submit to the judgement of the holy fathers . hence the p. prelate , in his . article , ( the other two i shall touch anon ) maketh puritans grosser then jesuites , in dethroning kings ; because , if the king be deficient , the people may resume their power , and governe for him , and so dethrone the king. but bellarmine , l. . q. de laic . holdeth , the people cannot dethrone the king , but , in certis casibus , in some cases , that is , ( as suarez saith ) si rex sua potestate iu manifestam ( civitatis ceu regni ) perniciem abutatur . but i will demonstrate , that if papists hold that the pope may dethrone kings , this prelate is of their mind : for , . the words i cited , make good that he is for the popes supremacie ; ( now it is a joynt or lith of his supremacie , to king and un-king princes . ) . they make good that he is a papist : for , . it is presumption in the pope to challenge to himselfe , that he is christs vniversall vicar on earth by divine right . why saith he not , by no right at all , but only he is not christs vicar by divine right : for it is evident that papists make him christs vicar , only by ecclesiasticall right ; for they professe , succession of popes to this day , cannot be proved but by tradition , not by scripture . . the popes supremacie , by papists , is expresly reckoned amongst unwritten traditions , and so there is no necessitie that the right of it be proved from scripture . . the prelate expresly saith , he will not discusse the ecclesiasticall right that the pope hath to be christs vicar . and by that he clearely insinuateth , that he hath a right to be christs vicar , beside a scripturall and divine right : only , for offending papists , he will not discusse it . . he hath no higher priviledge ( saith he ) then other bishops , except in extent , by divine right . now other bishops , as officers in nature different from presbyters , ( for of such the p. prelate must speak in his own dialect ) have their office by divine right : and this the prelates words must include , else he saith non-sense to the matter in hand . and in extent the pope hath by divine right more then other bishops have . now what is the pope of rome his extent ? all knowes it is the whole catholike visible church on earth . if then all bishops be particular ambassadours in christs stead , cor. . . and so legates and deputies of christ ; he who by divine right is a bishop in extent over the whole world , is as like one that calleth himselfe the universall vicar of christ , as one egge is like another . . the doctrine taught by this prelate , so popish , & hints , yea are more then evidences of grosse poperie in this book , and his other pamphlet against presbyteries ; and his desire that the controversie concerning the popes supremacie , and others , were determined with submission to the judgement of the fathers : doe cry , that he is but a rotten papist . for why will he submit all other controversies to the judgement of the fathers ? why not to the prophets and apostles ? can fathers decide controversies better then the word of god ? a reason cannot be dreamed of , why the fathers should be iudges , and not the scriptures , except that scriptures are obscure . . their authoritie and light cannot determine and judge controversies , except in so far as they have authoritie from fathers and the church : and we know this to be proprium to modo , proper to jesuites and papists , to cry fathers , fathers , in all controversies , though the fathers be more for us , then for them , except two things ; . what fathers speake for us , are corrupted by them : . what were but errors in fathers , when children adde contumacie to error , becomes the heresies of the sonnes . and it is most false , that we joyne with jesuites . . we teach no more against tyrants , in exercitio , then grotius , barclay , winzetus , in the matter of deposing kings . and in this , royalists conspire with jesuites . . we deny that the pope may loose subjects from the oath of fidelitie , when a king turneth hereticall ; . that people at the popes commandement , are to dethrone kings , for heresie , so doe the prelates , and their fellowes the papists teach . so gregorie the . practised : so aquinas taught , q. . ar . . antonin . sum . par . . t. . c. . § . . thou hast put all things under the popes feet : oves , id est , christianos ; boves , iudaeos & hereticos ; pecora , paganos . so navar. l. . c. . pagans have no jurisdiction . iaco. symanca , de catho . instit. tit . . n. . catholica uxor heretico viro debitum reddere non tenetur . item . constat haereticum privatum esse omni dominio , naturali , civili , politico , naturali quod habet in filios , nam propter haeresin patris efficiuntur filii sui iuris , civili , quod habet in servos , ab eo enim servi liberantur , politico , quod rerum domini habent in subditos , ita bannes . q. . art . . gregor . de valent ▪ . dis . . q. . p. . lod . mol. to . . de just . & jur . tract . . dis . . v. . . papists hold that generatio clerici est corruptio subditi , church-men are not subjects under the kings law. it is a canonicall priviledge of the clergy , that they are not subject to the kings civill lawes . now this prelate and his fellowes made the king sweare , at his coronation , to maintaine all canonicall priviledges of the prelaticall clergy , the very oath and words sworne by all the popish kings . p. prelate . power is given by the multitude to the king immediatly , and by god mediately , not so much by collation , as by approbation , how the iesuite and puritane walke all along in equall pace . see bellarmine l. . de liac . c. . zuarez cont . sect . angl. l. . c. . answ. it is a calumnie , that we teach that the power of the king is from god mediatly , by meere approbation ; indeed a fellow of his , a papist writing against the kings supremacy , anthony capell cont. . c. . saith , saul was made king , and others also by gods permission , and deo invito & irato , god being angry , that is not our doctrine ; but with what reall efficiencie god hath made men , and communities , rationall and sociall men , with the same hath he made them by instinct of nature , by the mediation of reason , to create a king ; and bellarmine and suarez say , not god maketh kings by approbation only . p. prelate . the people may change monarchy into aristocracy or democracy , or aristocracy into monarchy ; for ought i know , they differ not in this neither . ans. the p. prelate knoweth not all things , the two iesuites , bellarmine and suarez are produced only , as if they were all iesuites ; and suarez saith , de prim . po . l. . n. . donationem absolutam semel valide factam revocari non posse , neque in totum , neque ex parce , maxime quando onerosa fuit . if the people once give their power to the king , they cannot resume it without cause , and laying downe the grounds of suarez and other iesuites , that our religion is heresie , they doe soundly collect this consequence , that no king can be lord of the consciences of their subjects , to compell them to an hereticall religion . we teach that the king of spaine hath no power over the consciences of protestant subjects , to force them to idolatry , and that their soules are not his subjects , but only their persons , and in the lord. . it is no great crime , that if a king degenerate in a tyranny , or if the royall line faile , that we thinke the people have liberty to change monarchy into aristocracy , aut contra . iesuites deny that the people can make this change without the popes consent . we judge neither the great bishop the pope , nor the little popes ought to have hand in making kings . p. prelate . they say the power is derived to the king from the people , cumulativè , or communicativé , non privativé , by way of communication , not by way of privation , so as the people denude not themselves of this soveraignty . as the king maketh a lieutenant in ireland , not to denude himselfe of his royall power , but to put him in trust for his service . if this be their mind , the king is in a poore case . the principal authority is in the deligate , and so the people is still iudge , and the king their deputy . ans. the p. prelate taketh on him to write he knoweth not what , this is not our opinion . the king is king , and hath the peoples power not as their deputy . . because the people is not principall iudge , and the king subordinate . the king in the executive power of lawes , is really a soveraigne above the people , a deputy is not so . . the people have irrevocably made over to the king , their power of governing , defending , and protecting themselves , i except the power of selfe preservation , which people can no more make away , it being sinlesse natures birth-right then the liberty of eating , drinking , sleeping ; and this the people cannot resume , except in case of the kings tyranny , there is no power by the king so irrevocably resigned to his servant or deputy , but he may use it himselfe . . a delegate is comptable for all he doth to those that put him in trust , whether he doe ill or well . the king in acts of iustice is not comptable to any , for if his acts be not lyable to high suspitions of tyranny , no man may say to him what dost thou ? onely in acts of unjustice , and those so tyrannous , that they be inconsistent with the habituall fiduciary repose and trust put on him , he is to render accounts to the parliament , which representeth the people . . a delegate in esse , in fieri , both that he may be a delegate , and that he may continue a delegate , whether he doe ill or well , dependeth on his pleasure who delegateth him ; but though a king depend in fieri , in regard of his call to the crowne , upon the suffrages of his people , yet that he may be continued king , he dependeth not on the people simply , but only in case of tyrannicall administration , and in this sense suarez and bellarmine spake with no more honesty , then we doe , but with more then prelates doe , for they professe any emissary of hell may stab a protestant king ▪ we know the prelates professe the contrary , but their judgement is the same with iesuites in all points ; and since they will have the pope christs vicar , by such a divine right as they themselves are bishops , and have the king under oath to maintaine the clergie , bishops , and all their canonicall priviledges , amongst which the bishops of rome his indirect power in ordine ad spiritualia , and to dethrone kings who turne heritickes , is one principall right . i see not how prelates are not as deepe in treason against kings as the pope himselfe , and therefore p. prelate , take the beame out of your owne eye . the p. prelate taketh unlearned paines , to prove that gerson , occam , iac. de almaine , parisian doctors maintained these same grounds a nent the peoples power over kings in the case of tyranny , and that before luther and calvine was in the world , and this is to give himselfe the lye , that luther , calvin , and we have not this doctrine from iesuites , and what is calvines mind , is evident , instit . l. . c. all that the estates may coerce , and reduce in order a tyrant , else they are deficient in their trust that god hath given them over the common-wealth and church ; and this is the doctrine for which royalists cry out against master knox of blessed memory , buchanan , iunius brutus , bouchier , rossaeus , althusius , and luther , in scripto ad pastorem , to . german . fol. . bringeth two examples for resistance ; the people resisted saul , when he was willing to kill ionathan his sonne , and ahikam and other princes rescued ieremiah out of the hands of the king of iudah : and gerardus citeth many divines , who second luther in this , as bugenliagius , iustus ionas , nicholas ambsderffius , george spalatinus , iustus menius , christopher hofmanus . it is knowne what is the mind of protestant divines , as beza , pareus , melancthon , bucanus , polanus chamer , all the divines of france , of germany , of holland . no wonder then prelates were upon the plot of betraying the city of rochel , and of the protestant church there , when they then will have the protestants of france , for their defensive warres to be rebels , and siders with iesuites , when in these warres iesuites sought their blood and ruine . the p. prelate having shewn his mind concerning the deposing of childericke by the pope ( of which i say nothing , but the pope was an antichristian usurper , and the poore man never fit to beare a crowne ) he goeth on to set downe an opinion of some mute authors , he might devise a thousand opinions that way , to make men beleeve he had been in a wood of learned mens secrets , and that never man saw the bottome of the controversie , while he , seeing the escapes of many pens ( as supercilious bubo praiseth ) was forced to appeare a star new risen in the firmament of pursevants , and reveale all dreames , and teach all the new-statists , the gamaliels , buchanan , iunius brutus , and a world who were all sleeping , while this lucifer the sonne of the night did appeare , this new way of lawes , divinity and casuists theologie . they hold ( saith p. p. ) soveraigne power is primarily and naturally in the multitude , from it derived to th● king , immediatly from god. the reason of which order is , because we cannot reape the fruites of government , unlesse by compact we submit to some possible and accidentall inconveniences . ans. . who speaketh so the p. prelate cannot name . that soveraigne power is primarily and naturally in the multitude . vertually ( it may be ) soveraignty is in the multitude , but primarily and naturally , as heat is in the fire , light in the sun ; i thinke the p. prelate dreamed it , no man said it but himselfe : for what attribute is naturally in a subject , i conceive may directly and naturally be predicated thereof . now the p. prelate hath taught us of a very naturall predication . ( our dreadful and soveraign lord the multitude commandeth this and this . ) . this is no more a reason for a monarchy , then for a democracy , for we can reape the fruites of no government , except we submit to it . . we must submit in monarchy ( saith he ) to some possible and accidentall inconveniences . here be soft words , but is subversion of religion , lawes , and liberties of church and state , introducing of popery , arminianisme , of idolatry , altar-worship , the masse proved by a learned treatise , the canterburian selfe conviction , printed the . edit . an . never answered , couched under the name of inconveniency ? the pardoning of the innocent blood of hundreds of thousand protestants in ireland , the killing of many thousands , nobles , barons , commons , by the hands of papists in armes ag●inst the law of the land , the making of england a field of blood , the obtruding of an idolatrous service-booke , with armies of men , by sea and land , to blocke up the kingdome of scotland , are all these inconveniences only ? . are they only possible and accidentall ? but make a monarch absolute , as the p. prelate doth , and tyranny is as necessary and as much intended by a sinfull man , inclined to make a god of himselfe , as it is naturall to men to sinne , when they are tempted , and to be drunken and giddy with honour and greatnesse ; witnesse the kings of israel and iudah , though de jure they were not absolute . is it accidentall to nero , iulian , to the ten hornes that grew out of the womans head , who sate upon the scarlet colloured beast , to make warre against the lambe , and his followers , especially the spirit of sathan being in them ? p. prelate , they inferre , . they cannot without violation of a divine ordinance , and breach of faith resume the authority , they have placed in the king. . it were high sin to rob authority of its essentials . . this ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and hath urgent reasons . ans. . these namelesse authors cannot inferre that an oath is broken , which is made conditionally ; all authority given by the people to the king is conditionall , that he use it for the safety of the people , if it be used for their distruction , they breake no faith to resume it , for they never made faith to give up their power to the king upon such tearmes , and so they cannot be said to resume what they never gave . . so the p. prelate maketh power to act all the former mischiefes , the essentialls of a king. balaam he is not worthy his wages , for prophecying thus , that the kings essentialls is a power of blood , and destructive to people , law , religion and liberties of church and state , for otherwise we teach not , that people may resume from the king authority and power of disarme papists , to roote out the bloody irish , and in justice serve them , as they have served us . . this ordinance of the people giving lawfull power to a king , for the governing of the people in peace and godlinesse , is gods good pleasure , and hath just reasons and causes . but that the people make over a power to one man , to act all the inconveniences above named , i mean the bloody and destructive inconveniences , hath nothing of god , or reason in it . p. prelate . the reasons of this opinion are . . if power soveraigne were not in one , he could not have strength enough to act all necessary parts and acts of government . . nor to prevent divisions which attend multitudes , or many indowed with equall power ; and the authors say , they must part with their native right entirely , for a greater good , and to prevent greater evills . . to resume any part of this power , of which the people have totally devested themselves , or to limit it , is to disable soveraignty from government , loose the sinewes of all society , &c. ans. . i know none for this opinion , but the p. prelate himselfe . the first reason may be made rhyme , but never reason : for though there be not absolute power to good and ill , there may be strength of limited power in abundance in the king , and sufficient for all acts of just government , and the adequate end of government , which is , salus populi , the safetie of the people . but the royalist will have strength to be a tyrant , and act all the tyrannicall and bloody inconveniences of which we spake , an essentiall part of the power of a king ; as if weaknesse were essentiall to strength ; and a king could not be powerfull as a king , to doe good , and save and protect , except he had power also as a tyrant to doe evill , and to destroy and waste his people , this power is weaknesse , and no part of the image of the greatnesse of the king of kings , whom a king representeth . . the second reason condemneth democracie and aristocracie , as unlawfull , and maketh monarchie the only physick to cure these ; as if there were no government an ordinance of god , save only absolute monarchie , which indeed is no ordinance of god at all , but contrary to the nature of a lawfull king , deut. . . . that people must part with their native right totally , to make an absolute monarch ; is , as if the whole members of the body would part with their whole nutritive power , to cause the milt to swell ; which would be the destruction of the body . . the people cannot divest themselves of power of defensive warres , more then they can part with nature , and put themselves in a condition inferior to a slave , who , if his master , who hath power to sell him , invade him unjustly , to take away his life , may oppose violence to unjust violence . and the other consequences are null . quest . xlii . whether all christian kings are dependent from christ , and may be called his vicegerents ? the p. prelate taketh on him to prove the truth of this : but the question is not pertinent : it belongeth to another head , to the kings power in church matters . i therefore only examine what he saith , and follow him . p. prelate . sectaries have found a quere of late , that kings are gods , not christs lieutenants on earth . romanists and puritans erect two soveraignes in every state ; the jesuite , in the pope ; the puritan , in the presbyterie . ans. we give a reason why god hath a lieutenant , as god ; because kings are gods , bearing the sword of vengeance against seditious and bloody prelates , and other ill-doers . but christ , god-man , the mediator and head of the body the church , hath neither pope nor king to be head under him . the sword is communicable to men ; but the headship of christ is communicable to no king , nor to any created shoulders . . the iesuite maketh the pope a king : and so this p. prelate maketh him , in extent , the bishop of bishops , and so king , as i have proved . but we place no soveraigntie in presbyteries , but a meere ministeriall power of servants , who doe not take on them to make lawes and religious ceremonies , as prelates doe , who indeed make themselves kings and law-givers in gods house . p. prelate . we speake of christ as head of the church . some think that christ was king by his resurrection , jure acquisito , by a new title , right of merit . i think he was a king from his conception . ans. you declare hereby , that the king is a ministeriall head of the church , under the head christ. all our divines disputing against the popes headship , say , no mortall man hath shoulders for so glorious a head . you give the king such shoulders . but why are not the kings , euen nero , iulian , nebuchadnezzar , belshazer , vicegerents of christ , as mediator , as priest , as redeemer , as prophet , as advocate , presenting our prayers to god his father ? what action , i pray you , have christian kings , by office , under christ , in dying , and rising from the dead for us , in sending down the holy ghost , preparing mansions for us ? now it is as proper and incommunicably reciprocall with the mediator , to be the only head of the body the church , col. . . as to be the only redeemer and advocate of his church . . that christ was king from his conception , as man borne of the virgin mary , ●uteth well with papists , who will have christ , as man , the visible head of the church ; that so as christ-man , is now in heaven , he may have a visible pope to be head in all ecclesiasticall matters . and that is the reason why this p. prelate maketh him head of the church by an ecclesiasticall right , as we heard : and so he followeth becanus the iesuite , in this , and others his fellowes . p. prelate . . proofe . if kings reigne by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per , in and through christ , as the wisdome of god , and the mediator : then are kings the vicegerents of christ , as mediator . but the former is said , prov. . , . as d. andrewes , of blessed memorie . ans. . denies the major : all beleevers living the life of god ingrafted in christ as branches in the tree , ioh. . . . should by the same reason be vicegerents of the mediator : so should the angels , to whom christ is a head , col. . . be his vicegerents ; and all the iudges and constables on earth , should be under-mediators , for they live and act in christ : yea , all the creatures , in the mediator , are made new , rev. . . rom. . , , . . d. andrewes name is a curse on the earth , his writings prove him to be a popish apostate . p. prelate . . christ is not only king of his church ; but in order to his church , king over the kings and kingdomes of the earth , ps. . . . . math. . . to him is given all power in heaven and earth ; ergo , all soveraigntie over kings . ans. . if all these be christs vicegerents , over whom he hath obtained power ; then , because the father hath given him power over all flesh , to give them life eternall , ioh. . . . then are all beleevers his vicegerents , yea and all the damned men and devils , and death and hell are his vicegerents : for christ , as mediator , hath all power given to him , as king of the church , and so power kingly over all his enemies , to reigne while he make them his footstoole , ps. . . . to break them with a rod of iron , ps. . . cor. . , , , . revel . . . . v. , , , , , . and by that same reason , the p. prelates . and . argument fall to the ground , he is heire of all things , ergo , all things are his vicegerents . what more vaine ? he is prince of the kings of the earth , and king of oggs , of kings , of his enemies ; ergo , sea and land are his vicegerents . p. prelate . kings are nurse-fathers of the church , ergo , they hold their crowns of christ : . divines say , that by men in sacred orders christ doth rule his church mediately , in those things which primely concerne salvation ; and that by kings their scepter and power , he doth protect his church , and what concerneth externall pompe , order and decencie . then , in this latter sense , kings are no lesse the immediate vicegerents of christ , than bishops , priests and deacons , in the former . ans. because kings hold their crownes of christ , as mediator and redeemer , it followeth by as good consequence , kings are submediators and under-priests , and redeemers , as vicegerents . christ , as king , hath no visible royall vicegerents under him . . men in holy orders sprinkled with one of the papists five blessed sacraments , such as antichristian prelates , unwashed priests to offer sacrifices , and popish deacons , are no more admitted by christ to enter into his sanctuary as governours , then the leaper into the campe of old , and the moabite and ammonite were to enter into the congregation of the lord , deut. . . therefore we have excommunicated this p. prelate , and such moabites out of the lords house . . what be the things that doe not primely concerne salvation , the p. prelate knoweth , to wit , images in the church , altar worship , antichristian ceremonies , which primely concerne damnation . . i understand not what the p. prelate meaneth , that the king preserveth externall government in order and decency , in scotland , in our parliament , . the prescribed surplice , and he commanded the service-booke , and the masse-worship . the prelate degradeth the king here , to make him onely keep , or preserve the prelates masse-clothes : they intended indeed to make the king but the popes servant , for all they say and do for him now . . if the king be vicegerent of christ in prescribing laws for the externall ordering of the worship , and all their decent symbolicall ceremonies : what more doth the pope , and the prelate in that kinde ? he may , with as good warrant preach and administrate the sacraments . p. prelate . kings have the sign of the crosse on their crowns . answ. ergo , baculus est in angulo . prelates have put a crosse in the kings heart , and crossed crown and throne to really . some knights , some ships , some cities and burroughes , do carry a crosse ; are they made christs vice-gerents of late ? by what antiquity doth the crosse signifie christ ? of old it was a badge of christians , no religious ceremony ; and is this all . the king is the vicegerent of christians . the prelates we know , adore the crosse with religious worship : so must they adore the crown . p. prelate . grant that the pope were the vicar of christ in spirituall things , it followeth not : ergo , kings crowns are subject to the pope ; for papists teach , that all power that was in christ , as man , as power to work miracles , to institute sacraments , was not transmitted to peter and his successors . answ. this is a base consequence , make the pope head of the church : the king , if he be a mixed person , that is , half a church-man , and christs vice-gerent ; both he and prelates must be members of the head . papists teach , that all in christ as man , cannot be transmitted to peter , but a ministeriall catholike headship ( say batcanus and his fellows ) was transmitted from christ as man , and visible head , to peter and the pope . p. prelate . i wish the pope , who claimeth so neer alliance with christ , would learn of him to be meek and humble in heart ; so should he finde rest to his own soul , to church and state. answ. the same was the wish of gerson , occam , the doctors of paris , the fathers of the concels of constance and basil ; yet all make him head of the church . . the excommunicate prelate is turned chaplain to preach to the pope : the soul-rest that protestants wish to the pope is , that the lord would destroy him by the spirit of his mouth , thes. . . but p. prelates , this wish is a reformation of accidents , with the safety of the subject , the pope , and is as good as a wish , that the devill remaining a devill , may finde rest for his soul , all we are to pray for ; as having place in the church , are supposed members of the church . the prelate would not pray so for the presbytery , by which he was ordained a pastour , tim. . . though he be now an apostate : it is gratitude to pray for his lucky father the pope . what ever the prelate wish , we pray for , and beleeve , that desolation shall be his soul-rest , and that the vengeance of the lord , and of his temple , shall fall upon him , and the prelates his sons . p. prelate . that which they purpose , by denying kings to be christs vice-gerents , is to set up a soveraignty ecclesiasticall in presbyteries , to constrain kings , repeal his laws , correct his satutes , reverse his judgements , to cite , convent , and censure kings ; and if there be not power to execute , what presbyteries decrees , they may call and command the help of the people , in whom is the underived majstie ; and promise , and swear , and covenant to defend their fancies , against all mortall men , with their goods , lands , fortunes , to admit no divisive motion ; and this soveraign association maketh every private man an armed magistrate . answ. you see the excommunicate apostats tusses against the presbytery of a reformed church , from which he had his baptism , faith , ministery . . we deny the king to be the head of the church . . we assert , that in the pastors , doctors , and elders of the church , there is a ministeriall power , as servants under christ , in his authority , and name , to rebuke and censure kings ; that there is revenge in the gospel against all disobedience , cor. . . and . . the rod of god , cor. . . the rod of christs lips , isai. . . the scepter and sword of christ , revel . . . and . . the keyes of his kingdom , to binde and loose , open and shut , matth. . , . and . . cor. . , , . thes. . , . tim. . . and . . and . . and that this power is committed to the officers of christs house , call them as you will. . for reversing of laws made for the establishing of popery , we think the church of christ did well to declare all these unjust grievous decrees ; and that woe is due to the iudges , even the queen , if they should not repent , as isai. . . and this p. must shew his teeth in this , against our reformation in scotland , which he once commended in pulpit , as a glorious work of gods right arm . and the assemble of glaskow , . declared , that bishops though established by acts of parliament , procured by prelates onely , commissioners , and agents , for the church , who betrayed their trust , were unlawfull , and did supplicate , that the ensuing parliament would annull these wicked acts. they think god priviledgeth neither king , nor others from church-censures : the p. prelates imprisoned , and silenced the ministers of christ , who preached against the publike sins , the blood , oppressions , unjustice , open swearing , and blasphemy of the holy name of god , the countenancing of idolaters , &c. in king and court. . they did never sought the help of the people , against the most unjust standing law of authority . . they never swear and covenant , to defend their own fancies , for the confession and covenant of the protestant religion , translated in latin to all the protestants in europe and america , being termed a fancie , is a clear evidence , that this p. prelate was justly excommunicated for popery . . this covenant was sworn by king james , and his house , by the whole land , by the prelates themselves . and to this fancy , this p. prelate by the law of our land was obliged to swear , when he received degrees in the universitie . . there is reason our covenant should provide against divisive motions . the prelates moved the king to command all the land to swear our covenant , in the prelaticall sense , against the intent thereof , and onely to devide , and so command . iudge what religion prelates are of , who will have the name of god prophaned by a whole nation , by swearing fancies . . of making private men magistrates , in defending themselves against cut-throats . enough already : let the p. prelate answer if he can . p. prelate . let no man imagine me to priviledge a king from the direction , and just power of the church , or that like uzzah he should intrude upon sacred actions , ex vi ordinis , in foro interno conscientiae , to preach or administrate sacraments , &c. answ. vzzah did not burn incense , ex vi ordinis , as if he had been a priest , but because he was a king , and gods anointed . prelates sit not in councell and parliament , ex vi ordinis , as temporall lords . the pope is no temporall monarch , ex vi ordinis ; yet all are intruders . so the p. p. will licence kings to administer sacraments , so they doe it not ex vi ordinis . p.p. men in sacred orders in things intrinsecally spirituall , have immediatly a directive and authoritative power , in order , to all whatsoever , although ministeriall only , as related to christ ; but that giveth them no coercive civill power over the prince , per se , or per accidens , directly or indirectly , that either the one way or the other , any or many in sacred order , pope , or presbytery , can cite and censure kings , associate , covenant or sweare to resist him , and force him to submit to the scepter of christ. this power over man god almighty useth not , much lesse hath he given it to man , ps. . his people are a willing people , suadenda non cogenda religio . ans. . pastors have a ministerial power ( saith he ) in spirituall things , but in order to christ , ergo in order to others it is not ministeriall , but lordly . so here a lordly power pastors have over kings , by the p. p. way . we teach it is ministeriall in relation to all , because ministers can make no lawes as kings can doe , but only as heralds , declare christs lawes . . none of us give any coercive civill power to the church , over either kings , or any other , it is ecclesiasticall ; a power to rebuke and censure was never civill . . a religious covenant to sweare to resist that is , to defend our selves is one thing , and a lawfull oath , as is cleare in those of israel , that did sweare asa's covenant , without the authority of their owne king , chron. . , , , . and to sweare to force the king to submit to christs scepter is another thing ; the presbytery never did sweare or covenant any such thing : nor doe we take sacrament upon it , to force the king. prelates have made the king sweare , and take his sacrament upon it , that he shall roote out puritanes , that is protestants , whereas he did sweare at his coronation to roote out heretickes ; that is , ( if prelates were not traiterous in administring the oath ) arminians and papists , such as this p. p. is knowne to be ; but i hold that the estates of scotland have power to punish the king , if he labour to subvert religion and lawes . . if this argument , that religion is to be perswaded , not forced , which ▪ p. p. useth , be good , it will make much against the king , for the king then can force no man to the externall profession , and use of the ordinances of god , and not only kings , but all the people should be willing . p. prelate . though the king may not preach , &c. yet the exercise of these things freely within his kingdome , what concerneth the decent and orderly doing of all , and the externall man , in the externall government of the church , in appointing things arbitrary ând indifferent , and what else is of this straine , are so due to the prerogative of the crowne as that the priests without highest rebellion , may not usurpe upon him a king in the state and church is a mixed person , not simply civill , but sacred too . they are not only professors of truth , that they have in the capacity of christians , but they are defenders of the faith as kings , they are not sonnes only , but nurse-fathers , they serve god , as augustine saith , as men , and as kings also . ans. if yee give the king power of the exercises of word and sacraments in his kingdome , this is deprivation of ministers in his kingdome ( for sure he cannot hinder them in another kingdome ) you may make him to give a ministeriall calling , if he may take it away . by what word of god can the king close the mouth of the man of god , whom christ hath commanded to speake in his name ? . if the king may externally governe the church , why may he not excommunicate , for this is one of the speciall acts of church government , especially seeing he is a mixed person , that is halfe a church-man , and if he may prescribe arbitrary teaching ceremonies , surplice to instruct men in the duties of holinesse required of pastors , i see not , but he may teach the word . . dr. ferne and other royalists deny arbitrary government to the king in the state , and with reason , because it is tyranny over the people , but prelates are not ashamed of commanding a thing arbitrary and indifferent in gods worship , shall not arbitrary government in the church be tyranny over the conscience ? but ( say they , ) church-men teacheth the king what is decent and orderly in gods worship , and he commandeth it . ans. solomon by no teaching of church-men deposed abiather , david by no teaching of church-men appointed the forme of the temple . . hath god given a prerog●tive royall to kings , whereby they may governe the church , and as kings they shall not know how to use it , but in so farre , as they are taught by church-men ? . certainely we shall once be informed by gods word , what is this prerogative , if according to it , all the externall worship of god may be ordered . lawyers and royalists teach , that it is an absolutenesse of power , to doe above , or against a law , as they say from sam. . v. . . and whereby the king may oppresse , and no man may say , what dost thou ? now , good p. prelate , if by a plenitude of tyranny the king prescribe what he will in the externall worship and government of gods house , who can rebuke the king , though he command all the antichristian ceremonies of rome , and of turkey , yea and the sacrificing of children to molech ? ( for absolutenesse royall will amount to shedding of innocent blood ) for if any oppose the king , or say , sir , what doe you ? he opposeth the prerogative royall , and that is highest rebellion , saith our p. prelate . . i see not how the king is a mixt person , because he is defender of the ●aith , as the pope named the king of england , henry the eighth : he defendeth it by his sword , as he is a nurse-father , not by the sword that commeth out of his mouth . . i would know how iulian , nebuchadnezzar , og , and sihon , were mixed persons , and did all in the externall government of the church ; and that by their office , as they were kings . . all the instances that augustine bringeth to prove that the king is a mixt person , proveth nothing but civill acts in kings ; as hezekiah cast down the high places , the king of nineve compelled to obey the prophet ionah ; darius cast daniels enemies to the lyons . p. prelate . if you make two soveraignes , and two independents , there is no more peace in the state , then in rebeckahs wombe , while jacob and esau strove for the prerogative . ans. . what need israel strive , when moses and aaron are two independents ? if aaron make a golden calfe , may not moses punish him ? if moses turne an achab , and sell himselfe to doe wickedly , ought not valiant priests and aarons both rebuke , censure , and resist ? . p. . the p.p. said , let no man imagine we priviledge the king from the direction and power of the church , so he be no intruding vzzah . i pray , p. p. what is this church power ? is it not supreme in its kinde of church power ? or is it subordinate to the king ? if it be supreme , see how p. p. maketh two supremes , and two soveraignes . if it be subordinate to the king , as he is a mixt person , the king is priviledged from this power , and he may intrude as vzzah ; and by his prerogative , as a mixed person , he may say masse , and offer a sacrifice , if there be no power above his prerogative to curbe him . if there be none , the p.p. his imagination is reall , the king is priviledged from all church power . let the p.p. see to it ; i see no inconvenience for reciprocations of subjections in two supremes ; and that they may mutually censure and judge one another . object . not in the same cause ; that is impossible . if the king say masse , shall the church judge and censure the king for intrusion ? and because the king is also soveraigne and supreme in his kinde , he may judge and punish the church for their act of judging and censuring the king ; it being an intrusion on his prerogative , that any should judge the highest judge . ans. the one is not subiect to the other , but in the case of male-administration : the innocent , as innocent , is subject to no higher punishing ; he may be subject to a higher , as accusing , citing , &c. now the royalist must give instance in the same cause , where the church faileth against the king and his civill law ; and the king in the same cause faileth against the church-canon ; and then it shall be easie to answer . p. prelate . religion is the bottome of all happinesse , if you make the king only to execute what a presbyterie commandeth , he is in a hard case , and you take from him the chiefest in government . ecclesiasticall power hath the soule in subjection ; the civill soveraigntie holdeth a dead dominion ever the body . then the pope and presbyterie shall be in better condition then the king. cic. in ver. omnes religione moventur : superstition is furious , and maddeth people , that they spare neither crown nor mitre . ans. cold and dry is the p. p. when he spendeth foure pages in declamation for the excellencie of religion ; the madnesse of superstition , nothing to the purpose . . the king hath a chiefe hand in church affaires , when he is a nurse-father , and beareth the royall sword to defend both the tables of the law , though he doe not spin and weave surplices , and other base masse-cloaths , to prelates , and such priests of baal : they dishonour his majestie , who bring his prerogative so low . . the king doth not execute with blind obedience , with us , what the pope commandeth , and the prelates ; but with light of knowledge what synods discernes : and he is no more made the servant of the church by this , then the king of iudah , and nebuchadnezzar are servants to ieremiah and daniel , because they are to obey the word of the lord in their mouth . let them shew a reason of this , why they are servants in executing gods will in discipline , and in punishing what the holy ghost by his apostles and elders decree , when any contemne the decree concerning the abstinence from blood , things strangled , &c. act. . rather then when they punish murther , idolatrie , blasphemie , which are condemned in the word preached by pastors of christ : and farther , this objection would have some more colour ( realitie it hath not ) if kings were only to execute what the church ministerially in christs name , commandeth to be done in synods : but kings may , and doe command synods to conveen , and doe their duty , and command many duties never synodically decreed ; as they are to cast out of their court apostate prelates , sleeping many yeares in the devils armes , and are to command trencher-divines , neglecting their flock , and lying at court , attending the falling of a dead bishop , as ravens doe an old dying horse ; to goe and attend the flock , and not the court , as this p. p. did . . a king hath greater outward glory , and may doe much more service to christ in respect of extension , and is excellenter then the pastor , who yet , in regard of intension , is busied about nobler things , to wit , the soule , the gospel , eternitie , than the king. . superstition maddeth men ; but it followeth not , that true religion may not set them on work to defend soule and body against tyrannie of the crown , and antichristian mitres . p. prelate . the kingdome had peace , and plentie in prelates time . ans. a belly-argument . we had plenty , when we sacrificed to the queen of heaven . . if the traveller contend to have his purse againe , shall the robber say , robberie was blessed with peace ? the rest , to the end , are lies , and answered already . only his invectives against ruling elders , falsly called lay-elders , are not to purpose . parliament-priests , and lay and court-pastors , are lay-prophets . . that presbyteries meddle with civill businesse , is a slander ; they meddle with publike scandals that offendeth in christs kingdome . but the prelate , by office , was more in two elements , in church and state , then any frogs even in the kings leaven●tubs ordinarily , . something he saith of popes usurping over kings ; but only of one of his fathers , a great uncleane spirit , gregorie the great : but if he had refuted him by gods word , he should have thrown stones at his own tribe ; for prelates , like him , doe , ex officio , trample upon the neck of kings . . his testimonies of one councell , and one father , for all antiquitie , proveth nothing . athanasius said , god hath given davids throne to kings : what , to be head of the church ? no , to be the minister of god , without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the church . and because kings reigne by christ , as the councell of arimin saith ; therefore it may follow , a baily is also head of the church . it is taken from prov. . and answered . . that presbyteries have usurped upon kings , more then popes , since hildebrand , is a lie : all stories are full of the usurpation of prelates , his own tribe ; the pope is but a swelled fat prelate ; and what he saith of popes , he saith of his own house . . the ministers of christ in scotland , had never a contest with king iames , but for his sinnes , and his conniving with papists , and his introducing bishops , the usher of the pope . quest . xliii . whether the king of scotland be an absolute prince , having prerogatives above parliament and laws ? the negative is asserted by the lawes of scotland , the kings oath of coronation , the confession of faith , &c. the negative part of this , i hold , in these assertions . assert . . the kings of scotland have not any prerogative distinct from supremacie above the lawes . . if the people must be governed by no lawes , but by the kings own lawes , that is , the lawes and statutes of the realme acted in parliament , under paine of disobedience ; then must the king governe by no other lawes , and so by no prerogative above law. but the former is an evident truth , by our acts of parliament ; ergo , so is the latter . the proposition is confirmed ; . because what ever law enjoyneth passive obedience no way but by lawes ; that must injoyne also the king actively to command no other way but by law : for to be governed by law , essentially includeth , to be governed by the supreme governour , only by law. . an act of regall governing , is an act of law , and essentially an act of law ; an act of absolute prerogative is no act of law , but an act above law , or of pleasure loosed from law ; and so they are opposed as acts of law , and non acts of law. if the subjects , by command of the king and parliament , cannot be governed but by law ; how can the king but be under his own , and the parliaments law , to governe only by law ? i prove the assumption from parl. . of k. iames the . act . ordaines , that all and sundry the kings lieges be governed under the kings laws and statutes of the realme allanerly , and under no particular lawes , or speciall priviledges , nor by any lawes of other countries or realmes . priviledges doe exclude lawes : absolute pleasure of the king , as a man , and the law of the king as king , are opposed by way of contradiction : and so in parl. . k. james . act. . and ratified parl. . k. iames . act. . . the king , at his coronation , . par. k. james . act. . sweareth to maintaine the true kirk of god , and religion now presently professed , in puritie ; and to rule the people according to the lawes and constitutions received in the realme ; causing justice and equitie to be ministred without partialitie . this did king charles sweare at his coronation , and ratified parl. . k. iam. . act. . hence he who by the oath of god is limited to governe by law , can have no prerogative above the law. if then the king change the religion , confession of faith , authorised by many parliaments , especially by parliament , . k. charles , an. . he goeth against his oath . the kings royall prerogative , or rather supremacie , enacted parl. . k. james . act. . and parl. . act. . and parl. . act. . k. iames , and parl. k. charles , act. . cannot , . be contrary to the oath that k. charles did sweare at his coronation , which bringeth down the prerogative , to governing according to the standing lawes of the realme . . it cannot be contrary to these former parliaments and acts , declaring that the lieges are to be governed by the lawes of the realme , and by no particular lawes and speciall priviledges : ( but absolute prerogative is a speciall priviledge above , or without law ) which acts stand unrepealed to this day : and these acts of parliaments stand ratified , an. . the parl. k. charles . . parl. . k. iames . in the first three acts thereof , the kings supremacie , and the power and authoritie of parliaments , are equally ratified , under the same paine : their jurisdictions , power and judgements in spirituall or temporall causes , not ratified by his majestie , and the three estates conveened in parliament , are discharged . but the absolute prerogative of the king above law , equity , and iustice , was never ratified in any parliament of scotland to this day . . parliam . . k. iames . act. . all former acts in favour of the true church and religion , being ratified , their power of making constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 order and decency ; the priviledges that god hath given to spirituall office-bearers , as well of doctrine and discipline , in matters of heresie , excommunication , collation , deprivation , and such like , warranted by the word of god , and also to assembles and presbyteries , are ratified . now in that parliament , in acts so contiguous , we are not to think , that the king and three estates , would make acts for establishing the churches power in all the former heads of government ; in which , royalists say , the soul of the kings absolute prerogative doth consist : and therefore it must be the true intent of our parliament , to give the king a supremacy and a prerogative royall ( which we also give ) but without any absolutenesse of boundlesse and transcendent power above law ; and not to obtrude a service-book , and all the superstitious rites of the church of rome , without gods word , upon us . . the former act of parliament ratifieth the true religion , according to the word of god , then could it never have been the intent of our parliament , to ratifie an absolute supremacy , according to which , a king might govern his people , as a tyrannous lion , contrary to deut. . , , . and 't is true : the . p. of king james . act. . and act. . upon personall qualifications , giveth a royall prerogative to king james over all causes , persons , and estates , within his majesties dominion ; whom they humbly acknowledge , to be soveraign monarch , absolute prince , judge , and governour over all estates , persons , and causes . these two acts , for my part i acknowledge , spoken rather in court-expressions , then in law-termes . . because personall vertues cannot advance a limited prince ( such as the kings of scotland , post hominum memoriam , ever were ) to be an absolute prince : personall graces make not david absolutely supreme judge over all persons and causes ; nor can king james , advanced to be king of england , be for that , made more king of scotland , and more supreme iudge , then he was , while he was onely king of scotland . a wicked prince is as essentially supreme iudge , as a godly king. . if this parliamentary figure of speech which is to be imputed to the times , exalted king james to be absolute in scotland , for his personall indowments , there was no ground to put the same on king charls . personall vertues are not alway hereditary , though to me the present king be the best . . there is not any absolutenesse above law in the act. . the parliament must be more absolute themselves . king james . had been divers yeers before this . parl. king of scotland ; then if they gave him by law an absolutenesse , which he had not before , then they were more absolute . these who can adde absolutenesse , must have it in themselves , nemo dat quod non habet , if it be said , king james had that before the act , the parliament legally declared it to be his power , which before the declaration , was his power . i answer , all he had before this declaration was , to govern the people according to law and conscience , and no more ; and if they declare no other prerogative royall to be due to him , there is an end , we grant all . but then this which they call prerogative royall is no more , then , a power to govern according to law , and so you adde nothing to king james , upon the ground of his personall vertues , onely you make an oration to his praise in the acts of parliament . . if this absolutenesse of prerogative , be given to the king , the subjects swearing obedience , swear , that he hath power from themselves , to destroy themselves : this is neither a lawfull oath , nor though they should swear it , doth it oblige them . . a supreme iudge , is a supreme father of all his children , and all their causes ; and to be a supreme father , cannot be contrary to a supreme iudge : but contrary it must be , if this supremacy make over to the prince , a power of devouring as a lyon , and that by a regall priviledge , and by office , whereas he should be a father to save ; or if a iudge kill an ill-doer , though that be an act destructive to one man , yet is it an act of a father to the common-wealth . an act of supreme and absolute royaltie is often an act of destruction to one particular man , and to the whole common-wealth . for example , when the king out of his absolute prerogative , pardoneth a murtherer , and he killeth another innocent man , and out of the same ground , the king pardoneth him again , and so till he kill twenty ( for by what reason the prerogative giveth one pardon , he may give twenty , there is a like reason above law for all . ) this act of absolute royaltie , is such an act of murther , as if a shepherd would keep a woolf in the fold with the sheep , he were guilty of the losse of these sheep . now an act of destroying , cannot be an act of judging , far lesse of a supreme iudge , but of a supreme murtherer ; . whereas he is called absolute prince , and supreme judge , in all causes , ecclesiasticall and civill . it is to be considered , . that the estates professe in these acts , not to give any new prerogative , but onely to continue the old power , and that onely with that amplitude , and freedom , which the king and his predecessors did enjoy and exerce of before : the extent whereof , is best known from the acts of parliament , histories of the time , and the oaths of the kings of scotland . . that he is called absolute prince , not in any relation of freedom , from law , or prerogative above law ; whereunto as unto the norma , regula , ac mensura potestatis suae , ac subjectionis meae , he is tyed by the fundamentall law , and his own oath , but in opposition to all forraign iurisdiction or principalitie above him , as is evident , by the oath of supremacie set down , for acknowledging of his power in the first act of parliament . k. iam. . . they are but the same expressions , giving onely the same power before acknowledged in the . act. parl. . k. iam. . and that onely over persons or estates , considered separatim , and over causes ; but neither at all over the laws , nor over the estates , taken conjunctim , and as convened in parliament , as is clear , both by the two immediately subsequent acts of that parliament . k. iam. . establishing the authority of parliaments , equally with the kings , and discharging all iurisdictions ( al●eit granted by the king ) without their warrant ; as also by the narrative depositive words , and certification of the act it self : otherwayes , the estates convened in parliament , might by vertue of that act , be summoned before , and censured by the kings majestie or his councell a iudicatory substitute be , subordinate to , and censurable by themselves , which were contrary to sense and reason . . the very termes of supreme iudge , and in all causes , according to the nature of correlates , presupposeth courts , and judiciall proceedings and laws , as the ground work and rule of all , not a freedom from them . . the sixth act of the twenty parliament , k. iac. . cleerly interpreteth what is meant by the kings iurisdiction in all spirituall and ecclesiastick causes : to wit , to be onely in the consistoriall causes of matrimony , testaments , bastardy , adulteries , abusively called spirituall causes , because handled in commissary courts , wherin the king appoints the commissary , his deputies , and makes the lords of the session his great consistory in all ecclesiasticall causes , with reservation of his supremacy and prerogative therein . . supreame iudge in all causes , cannot be taken quoad actus elicitos , as if the king were to judge between two sea-men , or two husband-men , or two trades-men , in that which is proper to their art ; or between two painters : certainly the king is not to iudge which of the two draweth the fairest picture , but which of the two wasteth most gold on his picture , and so doth interest most of the common-wealth . so the king cannot judge in all ecclesiasticall causes , that is , he cannot , quoad actos elicitos , prescribe this worship : for example , the masse , not the sacrament of the lords supper . therefore the king hath but actus imperatos , some royall politicall acts about the worship of god to command god to be worshipped according to his word , to punish the superstitions or neglectors of divine worship ; therefore cannot the king be sole iudge in matters that belong to the colledge of iudges by the lawes of scotland , the lords of session onely may judge these maters . k. iames , . parl. . act. . k. iames . par. . act . k. iames . par. . act. . k. i. . parl. . act. . k. i. . par. act. . k. i. . par. . act. . and that only according to law , without any remedy of appellation to king or the parliament , act , and . par. . k. i. . and the king is by act of parliament inhibited to send any private letter to stay the acts of iustice ; or if any such letter be procured , the iudges are not to acknowledge it , as the kings will , for they are to proceed unpartially according to iustice , and are to make the law , which is the king and parliaments publick revealed will , their rule , king i. . parl. . act. . k. ia. . part. . act. . and k. i. . par. . act. . most lawfull . nor may the lords suspend the course of iustice , or the sentence or execution of decrees upon the kings private letter . king i. . parl. . act . and k. iam. . par. . act . and so if the kings will or desire , as he is a man , be opposite to his law , and his will as king , it is not to be regarded . this is a strong argument , that the parliaments never made the king supreame iudge , quoad actus elicitos , in all causes , nay not if the king have a cause of his owne that concerneth lands of the crowne ; farre lesse can the king have a will of prerogative above the law by our lawes of scotland : and therefore , when in the eighth parliament king ia. . the kings royall power is established in the first act , the very next act immediatly subjoyned thereunto declareth the authority of the supreame court of parliament continued past all memory of man unto this day , and constitute of the free voices of the three estates of this ancient kingdome , which in the parliament . is called , the ancient and fundamentall policy of this kingdome ; and so fundamentall , as if it should be innovate , such confusion would ensue , as it could no more be a free monarchy , as is exprest in the parliaments printed commission , . by whom the same under god hath been upholden , rebellious and traiterous subjects punished , the good and faithfull preserved and maintained , and the lawes and acts of parliament ( by which all men are governed ) made and established , and appointeth the honour , authority , and dignity of the estates of parliament to stand in their owne integrity , according to the ancient and laudable custome by past , without alteration or diminution , and therefore dischargeth any to presume or take in hand , to impugne the dignity , and the authority of the said estates , or to seeke , or procure the innovation , or diminution of their power or authority under the paine of treason : and therefore in the next act , they discharge all iurisdictions , or judicatories ( albeit appointed by the kings majesty , as the high commission was , ) without their warrant and approbation ; and that as contrary to the fundamentall laws , above titled , . act. parl. . k. ia. . and act. . parl. . king ia. . whereby the lieges should only be ruled by the lawes or acts , past in the parliament of this kingdome . now what was the ancient dignity , authority , and power of the parliaments of scotland , which is to stand without diminution , that will be easily and best known from the subsequent passages , or historians , which can also be very easily verified , by the old registers , whensoever they should be produced ; in the meane time remember that in parliament and by act of parl. k. ia. . for observing the due order of parliament , promiseth , never to doe , or command any thing , which may directly or indirectly prejudge the libertie of free reasoning or voting of parliament . k. ia. . parl. . act. . and withall , to evidence the freedome of the parliament of scotland , from that absolute unlimited prerogative of the prince ; and their libertie to resist his breaking of covenant with them , or treaties with forraigne nations ; ye shall consider , . that the kings of scotland are obliged ▪ before they be inaugurate , to sweare and make their faithfull covenant to the true kirk of god , that they shall maintaine , defend , and set forward the true religion confessed and established within this realme ; even as they are obliged and astricted by the law of god , aswell in deuteronomie , as in the chap. of the . book of the kings ; and as they crave obedience of their subjects . so that the bond and contract shall be mutuall and reciprocall , in all time comming , between the prince and the people , according to the word of god ; as is fully exprest in the register of the convention of estates , iuly . . that important acts and sentences at home , ( whereof one is printed , act. parl. . k. ia. . ) and in treaties with forraigne princes , the estates of parliament did append their severall seales with the kings great seale , ( which to grotius , barclaius , and arnisaeus , is an undeniable argument of a limited prince , as well as the stile of our parliament , that the estates with the king , ordaine , ratifie , rescind , &c. ) as also they were obliged , in case of the kings breaking these treaties , to resist him therein , even by armes , and that without any breach of their allegiance , or of his prerogative ; as is yet extant in the records of our old treaties with england and france , &c. but to goe on , and leave some high mysteries unto a rejoynder . and to the end i may make good , that nothing is here taught , in this treatise , but the very doctrine of the church of scotland , i desire that the reader may take notice of the larger confession of the church of scotland , printed with the syntagme and body of the confessions , at geneva , anno mdcxii . and authorized by king iames the . and the three estates in parliament ; and printed in our acts of parliament , parl. . k. iames . an. . amongst good works of the second table , saith our confession , art . . are these : to honour father , mother , princes , rulers , and superiour powers : to love them , to support them , yea to obey their charge , ( not repugning to the commandement of god ) to save the lives of innocents , to represse tyrannie , to defend the oppressed , to keep our bodies cleane and holy , &c. the contrary whereof is , to disobey or resist any that god hath placed in authoritie , ( while they passe not over the bounds of their office ) to murther , or to consent thereunto , to beare hatred , or to let innocent blood be shed , if we may withstand it , &c. now the confession citeth in the margin , ephes. . . . and ezek. . , , , , &c. where it is evident , by the name of father and mother , all inferiour iudges as well as the king , and especially the princes , rulers , and lords of parliament are understood . . ezek. . the bloody city is to be judged , because they releeved not the oppressed out of the hand of bloody princes , v. . who every one of them were to their power to shed innocent blood . . to resist superiour powers , and so the estates of parliament , as the cavaliers of scotland doe , is resistance forbidden , romans . . the place is also cited in the confession . and the confession exponeth the place , romans . according to the interpretation of all sound expositers ; as is evident in these words , art. . and therefore we confesse and avouch , that such as resist the supreame power , doing that thing which appertaineth to his charge , doe resist gods ordinance , and therefore cannot be guiltlesse . and further we affirme , that whosoever denyeth unto them aide , their counsell and comfort , while as the princes and rulers vigilantly travell in execution of their office , that the same men deny their helpe , support and counsell to god , who by the presence of his lieutenant craves it of them . from which words we have cleare : . that to resist the king or parliament , is to resist them , while as they are doing the thing that appertaineth to their charge , and while they vigilantly travell in the execution of their office . but while king and parliament doe acts of tyranny against gods law , and all good lawes of men , they doe not the things that appertaine to their charge and the execution of their office ; ergo by our confession , to resist them in tyrannicall acts is , not to resist the ordinance of god. . to resist princes and rulers , and so inferiour iudges , and to deny them counsell and comfort , is to deny helpe , counsell , and comfort to god. let then cavaliers , and such as refuse to helpe the princes of the land against papists , prelates , and malignants know , that they resist gods ordinance , which rebellion they unjustly impute to us . . whereas it is added in our confession , that god by the presence of his lieutenant craveth support and counsell of the people . it is not so to be taken , as if then only we are to ayde and helpe inferiour iudges and parliaments , when the king personally requireth it , and not other waies . . because the king requireth helpe , when by his office he is obliged to require our helpe and counsell against papists and malignants , though as misled , he should command the contrary : so if the law require our helpe , the king requireth it ex officio . . this should expresly contradict our confession , if none were obliged to give helpe and counsell to the parliament and estates , except the king in his own person should require it , because art. . it is expresly said , that to save the lives of innocents , or represse tyranny , to defend the oppressed , — not to suffer innocent blood to be shed ; or workes pleasing to god , which he rewardeth . now we are not to thinke in reason , if the king shall be induced by wicked counsell , to doe tyrannicall workes , and to raise papists in armes against protestants , that god doth by him as by his lieutenant , require our helpe , comfort and counsell , in assisting the king in acts of tyranny , and in oppression , and in shedding innocent blood ; yea our confession tyeth us to deny helpe and comfort to the king in these wicked acts , and therefore our helpe must be in the things that pertaineth to his royall office , and duty only ; otherwise we are to represse all tyranny , art . to save the lives of innocents , to represse tyranny , to defend the oppressed , are by our confession good workes , well pleasing to god , and so is this a good worke , not to suffer innocent blood to be shed , if we may withstand it . hence it is cleare as the sunne , that our confession according to the word of god , to which king charles did sweare at his coronation , doth oblige and tye us in the presence of god , and his holy angels to rise in armes , to save the innocent , to represse tyranny , to defend the oppressed . when the king induced by ill counsell sent armies by sea and land , to kill and destroy the whole kingdome who should refuse such a service-booke , as they could not in conscience receive , except they would disobey god , renounce the confession of faith , which the king and they had sworne unto , and prove perfidious apostates to christ and his church , what could we doe , and that the same confession , considering our bonds to our deare brethren in england , layeth bonds on us , to this as a good worke also , not to suffer their innocent blood to be shed , but to defend them ; when they against all law of god , of men , to state , of nations , are destroyed and killed . for my part , i judge , it had been a guiltinesse of blood upon scotland , if we had not helped them , and risen in armes to defend our selves , and our innocent brethren against bloody cavaliers . adde to this what is in the . article of the same confession . we confesse — whosoever goeth about to take away , or to confound the whole state of civill polity , now long established ; we affirme the same men , not only to be enemies to mankind , but also wickedly to fight against gods will. but these who have taken armes against the estates of scotland , and the princes and rulers of the land , have laboured to take away parliaments , and the fundamentall lawes of this kingdome , ergo &c. the confession addeth , . we farther confesse and acknowledge , that such persons as are placed in authority , are to be loved , honoured , feared , and holden in most reverent estimation ; because that they are lieutenants of god , in whose sessions god himselfe doth sit and iudge : yea even the iudges and princes themselves , to whom by god is given the sword , to the praise and defence of good men , and to revenge and punish all open malefactors . ergo the parliament , and princes , and rulers of the land are gods lieutenants on earth , no lesse then the king by our confession of faith , and those who resist them , resist the ordinance of god. royalists say , they are but the deputies of the king , and when they doe contrary to his royall will , they may be resisted , yea and killed , for in so farre they are private men , though they are to be honoured as iudges , when they act according to the kings will whose deputies they are . but i answer : . it is a wonder that inferiour judges should be formally iudges , in so far as they act conforme to the will of a mortall king , and not in so far as they act conforme to the will of the king of kings , seeing the judgement they execute is the king of kings , and not the iudgement of a mortall king , chro. . . . royalists cannot indure the former distinction as it is applyed to the king , but they receive it with both hands , as it is applyed to inferiour iudges ; and yet certaine it is , that it is as ordinary for a king being a sinfull man , to act sometimes as the lieutenant of god , and sometimes as an erring and misinformed man , no lesse then the inferiour iudge acteth sometimes according to the kings will and law , and sometimes according to his owne private way ; and if we are to obey the inferiour iudge as the deputy of the king , what shall become of his person , when cavaliers may kill him at some edge-hill ? for so they mock this distinction , as applyed to the king in regard of his person , and of his royall office ; and for this point our confession citeth in the margin . rom. . . pet. . . psal. . . which places doe clearely prove : . that inferiour magistrates are : . gods ordinances . . gods on earth , psal. . . such as beare the lords sword . . that they are not only ( as the confession saith ) appointed for civill policie , but also for maintenance of true religion , and for suppressing of idolatrie and superstition . then it is evident , to resist inferior magistrates , is to resist god himselfe , and to labour to throw the sword out of gods hands . , our confession useth the same scriptures cited by junius brutus , to wit , ezek. . , , , , , , . and ier. . . where we are , no lesse then the iewes , commanded to execute judgement and righteousnesse , and deliver the spoyled out of the hands of the oppressour . for both the law of god , and the civill law saith , qui non impedit homicidium , quum potest , is homicidii reus est . i will cast in a word of other confessions , lest we seeme to be iesuites alone . the confession of helvetia saith , c. . de magistratu . — viduas , pupillos , afflictos asserat : every magistrate is to defend the widow , the orphan , and the oppressed . the french confession saith , art . . affirmamus ergo parendumesse legibus & statutis , solvenda tributa , subjectionis denique jugum voluntariè tolerandum , etiamsi infideles fuerint magistratus , dummodo dei summum imperium integrum & illibatum maneat . so cleare it is , that all active obedience , is due to all magistrates , and that that yoake of passive obedience is to be tolerated , but conditionally , with a dummodo , so as the magistrate violate not the supreme commandement of the king of kings . and we know accordingly , protestants of that church have taken defensive armes against their king. but our p. prelate can say , the confessions of scotland , helvetia , france , and all the reformed churches , are jesuiticall : when as it was the doctrine of the waldenses , protestants , and luther , calvin and others , while as there was no iesuite on earth . the . art. of the church of englands confession , is so far from erecting an absolute power in the king , that they expresly bring down the royall prerogative from the high seat and transcendent superlative power above the law ; and expone the prerogative to be nothing but meere law-power . we only ( say they ) ascribe that prerogative to the king , which the scripture doth ascribe to all godly princes , that is , that they cause all committed to their trust , whether ecclesiasticall or civill persons , doe their duty ; and punish with the civill sword , all disobedient offenders . in syntag . confess . and this they say in answer to some , who beleeved , the church of england made the king the head of the church . the prelates convocation must be iesuites to this p. p. also . so the . article of the belgick confession , saith of all magistrates , no lesse then of a king , ( we know , for tyrannie of soule and body , they justly revolted from their king. ) idcirco magistratus ipsos gladio armavit , ut malos quidem plectant paenis , probos vero tueantur . horum porro est , non modo de civili politia conservanda esse solicitos , verum etiam dare operam ut sacrum ministerium conservetur , omnis , idololatria & adulterinus dei cultus è medio tollatur , regnum antichristi diruatur , &c. then all magistrates , though inferiour , must doe their duty , that the law of god hath laid on them , though the king forbid them . but by the belgick confession , and the scripture , it is their duty to relieve the oppressed , to use the sword against murthering papists , and irish rebels , and destroying cavaliers . for , shall it be a good plea in the day of christ , to say , lord iesus , we would have used thy sword against bloody murtherers , if thy anoynted , the king , had not commanded us to obey a mortall king rather than the king of ages ; and to execute no judgement for the oppressed , because he judged them faithfull catholike subjects . let all oxford , and cavalier doctors in the three kingdomes , satisfie the consciences of men in this , that inferior iudges are to obey a divine law , with a proviso , that the king command them so to doe ; and otherwise they are to obey men rather then god. this is evidently holden forth in the argentine confession , exhibited by foure cities to the emperour charles the fifth , an. m.d.xxx. in the same very cause of innocent defence , that we are now in , in the three kingdomes of scotland , england , and ireland . the saxonick confession , exhibited to the councell of trent , an. m.d.li. art . , maketh the magistrates office essentially to consist in keeping of the two tables of gods law : and so what can follow hence , but in so far as he defendeth murtherers : or if he be a king , and shall with the sword , or armies , impede inferior magistrates ( for the confession speaketh of all ) to defend gods law , and true religion , against papists , murtherers , and bloody cavaliers ; and hinder them to execute the judgement of the lord against evill doers : he is not , in that , a magistrate ; and the denying of obedience active or passive to him , in that , is no resistance to the ordinance of god : but by the contrary , the king himselfe must resist the ordinance of god. the confession of bohemia is clear , art . . qui publico munere magistratuque funguntur , quemcunquegradū teneant , se non suum , sed dei opus agere sciant . hence all inferior , or the supreme magistrate , what ever be their place , they doe not their own work , nor the work of the king , but the work of god , in the use of the sword , ergo , they are to use the sword against bloody cavaliers , as doing gods worke : suppose the king should forbid them to doe gods worke . and it saith of all magistrates : sunt autem magistratuum partes ac munus , omnibus ex aequo jus dicere , in communem omnium usum , sine personarum acceptatione , pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis , hanc inter turbantibus poenas sumere , aliosque omnes ab eorum vi & injuria vindicare . now this confession was the faith of the barons and nobles of bohemia , who were magistrates , and exhibited to the emperor , an. . in the cause not unlike unto ours now : and the emperor was their soveraigne : yet they professe they are obliged in conscience to defend all under them from all violence and injuries , that the emperor , or any other could bring on them ; and that this is their office before god , which they are obliged to performe as a worke of god : and the christian magistrate is not to doe that worke , which is not his own , but gods , upon condition that the king shall not inhibite him . what if the king shall inhibite parliaments , princes and rulers , to relieve the oppressed , to defend the orphan , the widow , the stranger , from unjust violence ? shall they obey man rather than god ? to say no more of this : prelates , in scotland , did what they could to hinder his majestie to indict a parliament . . when it was indicted , to have its freedome destroyed by prelimitations . . when it was sitting , their care was to divide , impede , and anull the course of iustice. . all in the p. prelates booke tendeth to abolish parliaments , and to enervate their power . . there were many wayes used to break up parliaments in england ; and to command iudges not to judge at all , but to interrupt the course of iustice , is all one as to command unrighteous judgement , ier. . v. . . many wayes have been used by cavaliers , to cut off parliaments , and the present parliament in england . the paper found in william lauds studie , touching feares and hopes of the parliament of england , evidenceth that cavaliers hate the supreme seat of iustice , and would it were not in the world ; which is the highest rebellion and resistance made against superior powers . . he feareth , this parliament shall begin where the last left . ans. what ever ungrate courtier had hand in the death of king iames , deserved to come under tryall . . he feareth they sacrifice some man. ans. if parliaments have not power to cut off rebels , and corrupt iudges , the root of their being is undone . . if they be lawfull courts , none needeth feare them , but the guilty . . he feareth their consultations be long , and the supply must be present . ans. then cavaliers intend parliaments for subsidies to the king , to foment , and promote the warre against scotland , not for iustice. . he that feareth long and serious consultations , to rip up and launce the wounds of church and state , is affraid that the wounds be cured . . he feareth they deny subsidies , which are due by the law of god , nature , and nations , whereas parliaments have but their deliberation and consent for the manner of giving , otherwise this is to sell subsidies , not to give them . ans. tribute , and the standing revenues of the king , are due by the law of god and nations ; but subsidies are occasionall rents , given upon occasion of warre , or some extraordinary necessity ; and they are not given to the king as tribute , and standing revenues , which the king may bestow for his house , family , and royall honour , but they are given by the kingdome , rather to the kingdome , then to the king for the present warre , or some other necessity of the kingdome , and therefore are not due to the king as king , by any law of nature or nations , and so should not be given but by deliberation and judiciall sentence , of the states ; and they are not sold to the king , but given out by the kingdome , by statute of parliament , to be bestowed on the kingdome , and the king should sell no acts of justice for subsidies . . he dare not speake of the consequences , if the king grant bills of grace , and part with the flowers of the crowne . ans. he dare not say , the people shall vindicate their liberty by selling subsidies , to buy branches of the prerogative royall , and diminishing the kings fancied absolutenesse : so would prelates have the king absolute , that they may ride over the soules , purses , persons , estates , and religion of men upon the horse of pretended absolutenesse . . he feareth the parliament fall upon church businesse ; but . the church is too weake already , if it had more power , the king might have more , both obedience and service . . the houses can be no competent iudges in point of doctrine . . for the king , clergy , and convocation are iudges in all causes ecclesiasticall . ans. . this striketh at the root of all parliamentary power , . the p. p. giveth them but a poore deliberative power in subsidies , and that is , to make the kings will a law , in taking all the subjects goods from them , to foment warre against the subjects . . he taketh all jurisdiction from them ●ver persons , though they were as black traitors as breathe . . and spoileth them of all power in church matters , to make all iudges , yea and the king himselfe yield blind obedience to the pope and prelate , and their illuminated clergie . sure i am , p. maxwell imputeth this , but most unjustly , to presbyteries . what essentiall and fundamentall priviledges are left to parliaments ? david , and the parliament of israel are impertinent iudges in the matter of bringing home the ark of god. and for the churches weaknesse , that is , the weaknesse of the damned prelates , shall this be the kings weaknesse ? yes , the p.p. must make it true , no bishop , no king. . he feareth , factious spirits will take heart to themselves , if the king yield to them without any submission of theirs . ans. the princes and iudges of the land are a company of factious men , and so no parliament , no court , but at best some good advisers of a king to breake up the parliament , because they refuse subsidies , that he may be a lawlesse way extort subsidies . . he desireth the parliament may sit a short time , that they may not well understand one another . ans. he loveth short , or no justice from the parliament , he feareth they reforme gods house , and execute justice on men like himselfe . but i returne to the scotish parliament . assert . . the parliament is to regulate the power of the king. the heritable sheriffes complaine , that the king granteth commissions to others , in cases perteining to their office . whereupon , the estates , par. . k. iam. . act. . dischargeth all such commissions , as also appointeth that all murtherers be judged by the iustice generall only . and in severall acts the king is inhibited to grant pardons to malefactors . k. ia. . act. . p. . it is to be considered , that king iames in his basilicon doron , layeth down an unsound ground , that fergus the first father of kings of scotland , conquered this kingdom . the contrary whereof is asserted by fordome , major , boethius , buchannan , hollanshed ; who run all upon this principle , that the estates of the kingdome did , . choose a monarchie , and freely , and no other government . that they freely elected fergus to be their king. . king fergus frequently conveened the parliament , called , in●ulanorum duces , tribuum rectores , majorum consessus , conventus ordinum , conventus statuum , communitatum regni , phylarchi , primores , principes , patres , and as hollanshed saith , they made fergus king , therefore a parliament must be before the king ; yea and after the death of king fergus , philarchi coeunt concione advocatâ , the estates convened without any king , and made that fundamentall law regni electivi , that when the kings children were minores , any of the fergusian race might be chosen to reigne : and this indured to the daies of kennethus : and redotha , rex . . resigneth and maketh over the government into the hands of the parliament , and philarchi & tribuum gabernatores ordained therius the . king. buchanan , l. . rer. scot. calleth him reutha , and said he did this , populo egrè permittente , then the royall power recurred to the fountaine . therius the . a wicked man , filled the kingdome with roberies fearing that the parliament should punish him , fled to the britaines , and thereupon the parliament choose connanus to be prorex , and protector of the kingdome . finnanus r. . decreed ; ne quid reges , quod majoris esset momenti , nisi de publici consilii authoritate juberent , & ne domestico consilio remp . administrarent , regia publicaque negotia non sine patrum consultatione ductuque tractarentur , nec bellum pacem aut faedera reges per se patrum , tribuumve , rectorum injussu facerent , demerentue . then it is cleare , that parliaments were consortes imperii , and had authority with , and above the king. when a law is made that the kings should doe nothing , injussu rectorum tribuum , without commandement of the parliament , a cabinet counsell was not lawfull to the kings of scotland . so durstus rex xi . sweareth to the parliament , se nihil nisi de primorum consilio acturum . that he shall doe nothing but by counsell of the rulers and heads of the kingdome . the parliament rejecting the lawfull sonne of corbredus the , king , because he was young , created dardanus the sonne of metellanus king , which is a great argument of the power of the scottish parliament of old for elective , rather then hereditary kings . corbredus secundus , called galdus , the , king , at his coronation renouncing all negative voices , did sweare , so majorum consiliis acquieturum , that he should be ruled by the parliament ; and it is said , leges quasdam tollere non potuit , adversante multitudine . lactatus r. . is censured by a parliament , quod spreto majorum consilio , he appointed base men to publick offices . mogaldus r. . ad consilia seniorum omnia ex prisco more rev●cavit , did all by the parliament , as the ancient custome was . conarus . k. was cast in prison by the parliament , quod non expectato decreto patrum , quod summa orat potestatis , privatis consiliis administrasset , because he did the weightiest businesse that concerned the kingdome , by private advice , without the judiciall ordinance of parliament , that was of greatest authority . where is the negative voice of the king here ? ethodius . the sonne of ethodius the . the . king. ( the parliament passing by his son of the first bed , because he was a child , had created satrael his brother king before ) a simple ignorant man , yet for reverence to the race of fergus , kept the name of a king , but the estates appointed tutors to him , he was the . king. nathalocus the . k. corrupting the nobles with buds and faire promises , obtained the crowne . romachus , fethelmachus , and angusianus , or as buchanan calleth him aenneannus , contended for the crowne , the parliament convened to judge the matter , was dissolved by tumult , and rommachus chosen king , doing all , non adhibito , de more , consilio majorum , was censured by the parliament . fergus the . was created king by the states , de more . constantine . k. a most wicked man , was punished by the states . aidanus . k. by the counsell of sanctus columba , governed all in peace , by three parliaments every yeare . ferchardus . k. and ferchardus . the . king , were both censured by parliaments . eugenius . k. a wicked prince , was put to death by the parliament , omnibus in ejus exitium , consentientibus . eugenius . the . k. was judicially accused , and absolved by the states , of killing his wife spondan● . donaldus the . k. is censured by a parliament which convened pro salute reipublica , for the good of the land. so ethus the . k. ne unius culpâ , regnum periret . gregorius the . k. sweareth to maintaine kirk and state in their liberties ; the oath is ordained to be sworne by all kings at their coronation . the estates complaine of duffus . k. because contemning the counsell of the nobles , saerificulorum consiliis abduceretur , and that neither the nobility must depart the kingdome , or another king must be made . culenus the . king , was summoned before the estates , so before him constantine the . the . k. did by oath resigne the kingdome to the states , and entered in a monastery at saint andrewes . kenethus the . k. procured almost , per vim , saith buchanan , that the parliament should change the elective kings in hereditary ; observe the power of parliaments . after this grimus , and then macbethus , r. . is rebuked for governing by private counsell , in his time the king is ordained by the states , to sweare to maintaine the community of the kingdome . when maccolumbus the . king would have admitted a treaty to the hurt of the kingdome ; the nobles said , non jus esse regi , the king had no right to take any thing from the kingdome , nisi omnibus ordinibus consentientibus . in the time of alexander the . k. is ordained , acta regis oporteri confirmari decreto ordinum regni , quia ordinibus regni non consultis , aut adversantibus , nihil quod ad ●otius regnistatum attinet , regi agere liceret . so all our historians observe , by which it is cleare , that the parliament , not the king hath a negative voyce . the states answer to k. edwards legates concerning balzees conditions in his contest with bruce is , that these conditions were made a solo rege , by the king only , without the estates of the kingdome , and therefore they did not oblige the kingdome . in robert the bruce his raigne , the k. . the succession to the crowne is appointed by act of parliament , and twice changed ; and in the league with france , quod quando de successuro rege ambigeretur apud scot●s , ea controversia ab ordinum de creto decideretur . robert the ● . k. in a parliament at sc●●ne moved the states , to appoint the earle of carick his eldest sonne , of the second mariage to the crowne , passing his children of the first mariage ; and when he would have made a treatie , he was told , that he could not inducias facere nisi ex sententia conventus publici ; he could not make truces but with the consent of the estates of parliament . k. james the . could not doe any thing in his oath in england . the parliaments approbation of the battell at stirling against king iames the . is set downe in the printed acts , because he had not the consent of the states . to come to our first reformation , queene regent breaking her promise to the states , said , faith of promise should not be sought from princes ; the states answered , that they then were not obliged to obey , and suspended her government as inconsistent with the duty of princes , by the articles of pacification at leith , anno . iunii . no peace or warre can be without the states . in the parliament thereafter , anno . the nobility say frequently to the queene , regum scotorum limitatum esse imperium , nec unquam adunius libidinem , sed ad legum praescriptum & nobilitatis consensum regi solitum . so it is declared , parliament at stirling , . and parl. , concerning queene mary , i need not insist here . k. james the . anno . iul. . was crowned , the earle of morton and humne , jurarunt pro ●o , & ejus nomine , in leges , eum doctrinam & ritus religionis , quae tum docebantur , publicè quoad posset , servaturum , & contrarios oppugnaturum . buch. rer. scot. hist. l. . the three estates revoke all alienations made by the king without consent of the parliament . parliam . k. iames , . cap. . k. iames , , , . three parliaments of k. iames the . are holden without any mention of the king , as anno . anno . anno . and the . and . act of parl. . the estates ordaine the king to doe such and such things , to ride through the country for doing of iustice. and parl. . k. iames . act. . the estates ordained the king to mend his money . but shew any parliament where ever the king doth prescribe lawes to the states , or censure the states . in the . parl. of k. iames the . the confession of faith being ratified , in acts made by the three estates , that the kings must sweare at their coronation . in the presence of the eternall god , that they shall maintaine the true religion , right preaching , and administration of the sacraments now received and preached within this realme : and shall abolish and gain-stand all false religions contrary to the same : and shall rule the people committed to their charge , according to the will of god , laudable lawes and constitutions of the realme , &c. the . parl. of k. iames the . . approveth the acts , parl. . conceived only in name of the states , without the king and queen , who had deserted the same . so saith the act , . . . . . and so this parliament , wanting the king and queenes authoritie , is confirmed , parl. . act. . k. ia. . and parl. . act. . and parl. . act. . in which it is declared , that they have been common lawes from their first date : and all are ratified , parl. . and parl. . act. . and stand ratified to this day , by k. charles his parliament , an. . the act of the assemblie , . commendeth that parliament , . as the most lawfull and free parliament that ever was in the kingdome . yea , even parl. . king charles himselfe being present , an act was passed upon the occasion of the kings illegall imprisoning of the laird of langtoune , that the king hath no power to imprison any member of the parliament , without consent of the parliament : which act , to the great prejudice of the libertie of the subject , should not have been left unprinted : for , by what law the king may imprison one member of the parliament , by that same reason he may imprison two , and twenty , and a hundreth : and so may he clap up the whole free estates ; and where shall then the highest court of the kingdome be ? all polititians say , the king is a limited prince , not absolute ; where the king giveth out lawes , not in his own name , but in the name of himselfe , and the estates judicially conveened . pag. . of the old acts of parliament , members are summoned to treat and conclude . the duty of parliaments , and their power , according to the laws of scotland , may be seen in the historie of knox , now printed at london , an. . in the nobles proceeding with the queen , who killed her husband , and maried bodwell , and was arraigned in parliament , and by a great part condemned to death , by many , to perpetuall imprisonment . king charles received not crown , sword , and scepter , while first he did sweare the oath , that king iames his father did sweare . . he was not crowned , till one of every one of the three estates came and offered to him the crown . . with an expresse condition of his duty , before he be crowned . after , king charles said , i will by gods assistance bestow my life for your defence , wishing to live no longer , then that i may see this kingdome flourish in happinesse . thereafter the king shewing himselfe on a stage to the people , the p. archbishop said ; sir , i doe present unto you , king charles , the right descended inheritor , the crown , and dignitie of this realme ; appointed by the peeres of the kingdome : and , are ye not willing to have him for your king , and become subject to him ? the king turning himselfe on the stage , to be seen of the people , they declare their willingnesse , by crying , god save king charles ! let the king live ! quest . xliv . generall results of the former doctrine , in some few corollaries , or straying questions , fallen off the road-way : answered briefly . quest . . whether all governments be but broken governments , and deviations from monarchie ? ] answ. it is denyed ; there is no lesse somewhat of gods authoritie in government , by many , or some of the choisest of the people , than in monarchie : nor can we judge any ordinance of man unlawfull ▪ for we are to be subject to all , for the lords sake , pet. . . tit. . . tim. . , , . . though monarchie should seeme the rule of all other governments , in regard of resemblance of the supreme monarch of all : yet is it not the morall rule , from which , if other governments shall erre , they are to be judged sinfull deviations . quest. . whether is royaltie an immediate issue and spring of nature ? ] answ. no ; for man , fallen in sinne , knowing naturally he hath need of a law and a government , could have , by reason , devised governors , one or moe ; and the supervenient institution of god , comming upon this ordinance , doth more fully assure us , that god , for mans good , hath appointed governours : but if we consult with nature , many iudges and governors , to fallen nature , seeme nearer of blood , to nature , then one only : for two , because of mans weaknesse , are better then one . now nature seemeth , to me , not to teach , that one onely sinfull man should be the sole and onely ruler of a whole kingdome . god , in his word , ever joyned with the supreme ruler , many rulers , who , as touching the essence of a iudge , ( which is , to rule for god ) were all equally iudges : some reserved acts , or a longer cubite of power , in regard of extent , being due to the king. quest. . whether magistrates , as magistrates , be naturall ? ] answ. nature is considered , as whole and sinlesse , or as fallen and broken . in the former consideration , that either man should stand in need of any , to compell him with the sword to doe his duty , and not oppresse ; was no more naturall to man , than to stand in need of lictors and hangmen , or physitians for the body , which in this state was not in a capacitie of sicknesse or death : and so government by parents and husbands was only naturall , in the latter consideration . magistrates as magistrates , are two wayes considered ; . according to the knowledge of such an ordinance ; . according to the actuall erection of the practice of the office of magistrates . in the former notion , i humbly conceive , that by natures light , man , now fallen and broken , even under all the fractions of the powers and faculties of the soule , doth know , that promises of reward , feare of punishment , and the coactive power of the sword , as plato said , are naturall meanes to move us , and wings to promote obedience , and to doe our duty . and that government by magistrates is naturall : but , in the second relation , it is hard to determine , that kings , rather then other governours , are more naturall . quest. . whether nature hath determined , that there should be one supreme ruler a king , or many rulers in a free commnitie ? answ. it is denyed . quest. . whether every free commonwealth hath not in it a supremacie of majestie , which it may formally place in one , or many ? ] answ. it is affirmed . quest. . whether absolute and unlimited power of royaltie , be a ray and beame of divine majestie , immediately derived from god ? ] answ. not at all : such a creature is not in the world of gods creation : royalists , and flatterers of kings , are parents to this prodigious birth . there is no shadow of power , to doe ill , in god : an absolute power is , essentially , a power to do without or above law , and a power to doe ill , to destroy : and so it cannot come from god , as a morall power , by institution ; though it come from god by a flux of permissive providence : but so things unlawfull and sinfull come from god. quest. . whether the king may , in his actions , intend his owne prerogative and absolutenes ? ] answ. he can neither intend it as his nearest end , nor as his remote end . not the former : for if he fight , and destroy his people for a prerogative , he destroyeth his people , that he may have a power to destroy them , which must be meere tyranny , nor can it be his remote end ; for granting that his supposed absolute prerogative were lawfull , he is to referre all lawfull power , and all his actions to a more noble end , to wit , to the safetie and good of the people . quest. . doe not they that resist the parliaments power , resist the parliament ? and they that resist the kings power , resist the king ? god hath joyned king and power : who dare seperate them ? ] answ. if the parliament abuse their power , we may resist their abused power , and not their power parliamentarie . mr. bridges doth well distinguish , in his annot. on the [ loyall convert ] betwixt the kings power , and the kings will. . the resisters doe not separate king and power ; but the king himselfe doth separate his lawfull power from his will , if he worke and act tyrannie , out of this principle , will , passion , lust ; not out of the royall principle of kingly power : so far we may resist the one , and not the other . quest. . why , if god might work a miracle in the three childrens resistance active ; why doth he evidence omnipotencie in the passive obedience of these witnesses ? the kingdome of iudah was christs birthright , as man , and davids sonne : why did he not , by legions of men & angels , rather vindicate his own flesh and blood , than triumph by non-resistance , and the omnipotencie of glorie to shine in his meere suffering ? ] ans. who art thou that disputest with god ? he that killeth with the jaw-bone of an asse , thousands ; and he that destroyed the numberlesse midianites by only three hundred , should no more put the three children to an unlawfull fact in the one , if they had by three men killed nebuchadnezzar and all his subjects , than in the other . but nothing is said against us in a sophisme à non-causa pro causa ; except it be proved , god would neither deliver his three children , nor christ from death , and the iewes from bondage , by miraculous resistance , because resistance is unlawfull . what ? patient suffring is lawfull ; ergo resistance is unlawfull . it is a poor consequent , and a begging of the question , both must be lawfull to us . and so we hold , of ten lawfull meanes fit to compasse gods blessed end , he may choose one , and let goe nine : shall any inferre , ergo , these other nine meanes are unlawfull , because god chose a mean , d●fferent from those nin● , and refused them . so may i answer by retortion . the three hundred sinned in resisting midian , and defeating them : why ? because it should be more honour to god , if they had , by suffering patiently the sword of midian , glorified god in martyrdome . so christ and the apostles , who could have wrought miracles , might have wrought reformation by the sword , and destroyed kings and emperors , the opposers of the lambe : and they did reforme by suffering ; ergo , the sword is unlawfull in reformation . it followeth not . the meane christ used , is lawfull ; ergo , all other meanes that he used not , are unlawfull , it is vaine logick . quest. . whether is the coronation of a king any other thing but a ceremonie ? ] ans. in the coronation there is , and may be , the ceremonie of a shout and an acclamation , and the reaching of a scepter in his right hand who is made king ; and the like : but the coronation in concreto , according to the substance of the act , is no ceremonie , nor any accidentall ingredient in the constitution of a king ; . because israel should have performed a meere ceremoniall action on saul , when they made him king , which we cannot say : for as the peoples act of coronation is distinctive , so is it constitutive ; it distinguished saul from all israel , and did constitute him in a new relation , that he was changed from no king , to be a king. . the people cannot by a ceremonie make a king ; they must really put some honour on him , that was not on him before . now this ceremonie which royalists doe fancie coronation to be , is only symbolicall and declarative , not really dative , it placeth nothing in the king. quest. . whether may subjects limit the power that they gave not to the king , it being the immediate result ( without intervening of law , or any act of man ) issuing from god only ? ] ans. though we should give ( which in reason we cannot grant ) that royall power were a result of the immediate bounty of god , without any act of man ; yet it may be limited by men that it over-swell not its banks , though god immediatly make peter an apostle , without any act of men , yet paul by a sharpe rebuke , gal. . curbeth and limiteth his power , that he abuse it not to iudaizing ; royalists deny not , but they teach , that the . priests that restrained vzziah his power , from burning incense to the lord , gave no royall power to vzziah . doe not subjects by flight lay restraint upon a kings power , that he kill not the subjects without cause ? yet they teach , that subjects gave no power to the king ; certainly this is a proofe of the immense power of the king of kings , that none can fly from his pursuing hand , ps. . , , . amos . , , , . whereas men may fly from earthly kings . nebuchadnezzar , ( as royalists teach ) might justly conquer some kingdomes , for conquest is a just title to the crowne , ( say they ) now the conquerour then justly not only limiteth the royall power of the conquered king , but wholly removeth his royalty and unkingeth him , yet we know , the conquerour gave no royall power to the conquered king. ioshua and david tooke away royall power which they never gave , and therefore this is no good reason , the people gave not to the king royall power , ergo , they could not lawfully limit it , and take it away . . we cannot admit that god giveth royall power immediatly , without the intervention of any act of law , for it is an act of law , that deut. . the people chooseth such a king , not such a king , that the people by a legall covenant make saul , david , and joash kings , and that god exerciseth any politicall action of making a king , over such subjects , upon such a condition , is absurd , and inconceivable ; for how can god make saul and david kings of jsrael , upon this politicall and legall condition , that they rule in iustice and judgement , but there must intervene a politicall action , and so they are not made kings immediatly . if god feed moses , by bread , and manna , the lords act of feeding is mediate , by the mediation of second causes ; if he feed moses . dayes without eating any thing , the act of feeding is immediate . if god made david king , as he made him a prophet , i should thinke god immediatly made him king ; for god asked consent of no man , of no people , no not of david himselfe , before he infused on him the spirit of prophecy ; but he made him formally king , by the politicall and legall covenant betwixt him and the people . i shall not thinke that a covenant and oath of god is a ceremony , especially a law-covenant , or a politicall paction between david and the people , the contents whereof behoved to be de materia gravi & onerosa , concerning a great part of obedience to the fifth commandement of gods morall law , the duties morall concerning religion , and mercy , and justice , to be performed reciprocally , between king and people . oathes ( i hope ) are more then ceremonies . quest. . whether or no is not the common-wealth ever a pupill , never growing to age , as a minor under nonage doth come not to need a tutor , but the common-wealth being still in need of a tutor , a governour , or king , must alwaies be a tutor , and so the kingdome can never come to that condition , as to accuse the king , it alwaies being minor ? ] ans. . then can they never accuse inferiour iudges , for a kingdome is perpetually in such a nonage , as it cannot want them , when sometime it wanteth a king. . can the common-wealth under democracy and aristocracy being perpetually under nonage , ever then quarrell at these governments , and never seeke a king ? by this reason they cannot . . the king in all respects is not a tutor , every comparison in something beareth a leg ; for the common-wealth , in their owne persons doe choose a king. . complaine of a king. . resist an vzziah . . tye their elective prince to a law ; a pupill cannot choose his tutor , either his dying father , or the living law doth that service for him ; he cannot resist his tutor , he cannot tye his tutor to a law , nor limit him , when first he chooseth him . pupillo non licet postulare tutorem suspecti , quamdiu sub tutela est , & manet impubes . l. pietatis . in fin . c. de susp . tutor . l. impuberem . . & § . impuberes . iust. eod . quest. . whether or no are subjects more obnoxious to a king then clients to patrons , and servants to masters , because the patron cannot be the clients judge ? but some superiour magistrate must judge both , and the slave had no refuge against his master , but only flight . and the king doth conferre infinite greater benefits on the subjects , then the master doth on the slave , because he exposeth his life , pleasure , ease , credit , and all for the safety of his subjects ? ] ans. it s denyed ; for to draw the case to fathers , and lords in respect of children and vassals ; the reason why sons , clients , vassals can neither formally judge , nor judicially punish fathers , patrons , lords and masters , though never so tyrannous , is a morall impotency , or a politicall incongruity , because these relations of patron and client , fathers and children are supposed to be in a community , in which are rulers and iudges , above the father and sonne , the patron and the client ; but there is no physicall incongruity that the politique inferiour punish the superiour , if we suppone there were no iudges on the earth , and no relation , but patron and client ; and because , for the father to destroy the children , is a troubling of the harmony of nature , and the highest degree of violence , therefore one violence of selfe defence , and that most j●st , though contrary to nature , must be a remedy against another violence : but in a kingdome there is no politicall ruler above both king and people ; and therefore though nature have not formally appointed the politicall relation of a king , rather then many governours , and subjects , yet hath nature appointed a court and tribunall of necessity , in which the people may by innocent violence , represse the unjust violence of an injuring prince ; so as the people injured in the matter of selfe defence , may be their owne iudge . . i wonder that any should teach , that oppressed slaves had of old no refuge against the tyranny of masters , but only flight : for . the law expresly saith , that they might not only fly , but also change masters , which we all know was a great dammage to the master , to whom the servant was as good as mony in his purse . . i have demonstrated before by the law of nature , and out of divers learned iurists , that all inferiours may defend themselves by opposing violence against unjust violence ; to say nothing , that unanswerably i have proved , that the kingdome is superiour to the king. . it is true , qui plus dat , plus obligat , as the scripture saith , luke . he that giveth a greater benefit , layeth a foundation of a greater obligation . but . if benefit be compared with benefit , it is disputable ; if a king give a greater benefit then an earthly father , to whom under god the sonne is debtor for life and being , if we regard the compensation of eminency of honour and riches , that the people puteth upon the king ; but i utterly deny that a power to act tyrannous acts , is any benefit or obligation , that the people in reason can lay upon their prince , as a compensation or hire for his great paines , he taketh in his royall watch-tower : i iudge it no benefit , but a great hurt , dammage , and an ill of nature , both to king and people , that the people should give to their prince any power to destroy themselves , and therefore that people doth reverence and honour the prince most , who lay strongest chaines and iron fetters on him , that he cannot tyrannize . quest. . but are not subjects more subject to their prince ( seeing the subjection is naturall , as we see bees and cranes ) to obey him , then servants to their lord. c. in apib. . . . ex hiero. . ad rustic . monarch . plin. n. . for jurists teach , that servitude is beside or against nature . l. . de stat . homi . § . . just , & jur . pers . c. . § . & sicut nov. . quib . med . nat . eff . sui . ans. there is no question , in active subjection to princes and fathers commanding in the lord , we shall grant as high a measure as you desire . but the question is , if either active subjection to ill and unjust mandates , or passive subjection to penall inflictions of tyrannie and abused power , be naturall , or most naturall ? or if subjects doe renounce naturall subjection to their prince , when they oppose violence to unjust violence . this is to beg the question . and for the commonwealth of bees and cranes , and crown and scepter amongst them , give me leave to doubt of it . to be subject to kings , is a divine morall law of god ; but not properly naturall to be subject to coaction of the sword. government and subjection to parents , is naturall : but that a king is juris naturae strictim , i must crave leave to doubt . i hold him to be a divine morall ordinance , to which , in conscience , we are to submit in the lord. quest. . whether was king uzzah dethroned by the people ? ] ans. though we should say , he was not formally unkinged and dethroned ; yet if the royall power consist in an indivisible point , as some royalists say : and if vzzah was removed to a private house , and could not reigne , being a leper ; certainly , much royall power was taken from him . 't is true , arnisaeus saith , he neither could be compelled to resigne his power , nor was he compelled to resigne his royall authoritie ; but he willingly resigned actuall government , and remained king , as tutors and curators are put upon kings that are mad , stupid , and children , who yet governe all by the authoritie of lawfull kings . but that vzzah did not denude himselfe of the royall power voluntarily , is cleare . the reason , chro. . . why he dwelt in an house apart , and did not actually reigne ; is , because he was a leper ; for , he was cut off ( saith the text ) from the house of the lord ; and jotham his sonne was over the kings house , judging the people of the land. whereby it is cleare by the expresse law of god , he being a leper , and so not , by law , to enter into the congregation , he was cut off from the house of the lord : and he being a patient , is said to be cut off from the lords house . whether then vzzah turned necessitie to a vertue , i know not : it is evident that gods law removed the actuall exercise of his power . if we obteine this , which gods word doth give us , we have enough for our purpose , though vzzah kept the naked title of a king , as indeed he tooke but up roome in the catalogue of kings . now if , by law , he was cut off from actuall governing ; whether he was willing , or not willing to denude himselfe of reigning , it is all one . and to say , that furious men , ideots , stupid men , and children , who must doe all royall acts by curators and tutors , are kings jure , with correction , is petitio principii : for then hath god infused immediately from heaven , ( as royalists teach us ) a royall power to governe a kingdome , on those , who are as capable of royaltie , as blocks . i conceive that the lord , deut. . , , , . commandeth the people , to make no blocks kings : and that the lord hath not done that himselfe in a binding law to us , which we have no commandement from him to doe . i conceive that god made josiah and joash kings typicall , and in destination , for his promise sake to david , while they were children , as well as he made them kings ; but not actu completo ratione officii , to be a rule to us now , to make a childe of sixe yeares of age , a king by office . i conceive , children are to us , only kings in destination and appointment : and for idiots and fooles , i shall not believe , ( let royalists breake their faith upon so rocky and stony a point , at their pleasure ) that god hath made them governors of others , by royall office , who can scarce number their own fingers ; or that god tyeth a people to acknowledge stupid blocks for royall governours of a kingdome , who cannot governe themselves . but far be it from me to argue with bellarmine ; from vzziah his bodily leprosie , to inferre , that any prince spiritually leprous , and turned hereticall , is presently to be dethroned . nothing can dethrone a king , but such tyrannie as is inconsistent with his royall office . nor durst i inferre , that kings , now adayes , may be removed from actuall government , for one single transgression . it is true , priests , and the whole kingdome so serving king vzzah , ( their motives , i know , were divine ) proveth well that the subjects may punish the transgression of gods expresse law , in the king , in some cases , even to remove him from the throne : but as from gods commanding to stone the man that gathered sticks on the sabbath day , we cannot inferre , that sabbath-breakers are now to be punished with death ; yet we may well argue , sabbath-breakers may be punished , and sabbath-breakers are not unpunishable , and above all law ; so may we argue here : vzzah , though a king , was punished ; ergo , kings are punishable by subjects . quest. . whether or no , as the deniall of active obedience in things unlawfull , is not dishonourable to the king as king , he being obliged to command in the lord only , so the deniall of passive subjection to the king using unjust violence , be also no dishonouring of the king ? ] ans. as the king is under gods law both in commanding , or in exacting active obedience , so is he under the same regulating law of god , in punishing or demanding of us , passive subjection , and as he may not command what he will , but what the king of kings warranteth him to command , so may he not punish as he will , but by warrant also of the supreame iudge of all the earth ; and therefore it is not dishonourable to the majesty of the ruler , that we deny passive subjection to him , when he punisheth beside his warrant , more then its against his majesty and honour , that we deny active obedience , when he commandeth illegally ; else i see not how it is lawfull to fly from a tyrannous king , as elias , christ , and other of the witnesses of our lord have done ; and therefore what royalists say here is a great untruth , namely , tha● in things lawfull we must be subject actively , in things unlawfull , passively . for as we are in things lawfull to be subject actively , so there is no duty in point of conscience , laying on us to be subject passively , because i may lawfully fly , and so lawfully deny passive subjection to the kings will , punishing unjustly . quest. . whether may the prince make away any part of his dominions , as an iland , or a kingdome , for the safety of the whole kingdomes he hath : as if goods be like to sinke an over-burthened ship , the sea-men cast away a part of the goods in the sea , to save the lives of the whole passengers : and if three thousand passengers being in one ship , and the ship in a storme like to be loosed , it would seeme that a thousand may be cast over-board , to save the lives of the whole passengers ? ] ans. the kingdome being not the kings proper heritage , it would seeme he canno● make away any part of his kingdome to save the whole , without the expresse consent of that part , though they be made away to save the whole , in things of this kind , men are not as the commodities of merchants , nor is the case alike : as when one thousand of three thousand are to be cast into the sea to save all the rest , and that either by common consent , or by lots , or some other way ; for it is one thing , when destruction is evidently inevitable , as in the casting so many men into the sea to save the whole and many passengers , and when a king for peace , or for help from another king , maketh away part of his dominion . the lord is here to be waited on in his good providence , and events are to be committed to him ; but far lesse can it be imaginably lawfull for a king , to make away a part of his dominions , without their consent , that he may have help from a forraign prince to destroy the rest : this were to make merchandize of the lives of men . quest. . whether or no , the convening of the subjects without the kings will , be unlawfull ? ] answ. the convention of men of it self , is an indifferent thing , and taketh its specification from its causes , and manner of convening , though some convention of the subjects without the king , be forbidden ; yet ratio legis est anima legis , the reason and intent of the law , is the soul of the law. convention of the subjects in a tumultuary way , for a seditious end , to make war without warrant of law , is forbidden ; but not when religion , laws , liberties , invasion of forraign enemies , necessitateth the subjects to conveen , though the king and ordinary iudicatures , going a corrupt way to pervert iudgement , shall refuse to consent to their conventions : upon which ground , no convention of tables at edinburgh , or any other place , an. . . . can be judged there unlawfull ; for if these be unlawfull , because they are convention of the leagues , without expresse act of parliament , then the convention of the leagues to quench a house on fire , and the convention of a countrey , to pursue a wolf entered in the land , to destroy women and children , which are warranted by the law of nature , should be lawlesse , or against acts of parliament . quest. . whether the subjects be obliged to pay the debts of the king ? ] answ. these debts which the king contracteth as king , in throno regali , the people are to pay ; for the law of nature , and the divine law doth prove , that to every servant and minister , wages is due , rom. . , . compared with vers. . and cor. . , , , . tim. . . if the prince be taken in a war , for the defence of the people , it is just that he be redeemed by them : so the law saith , tit. f. & c. de negotiis gestis , & f. & c. manda . but when fer. vasquius illust . quest . l. . c. . n. . vicesimo tertio apparet , &c. — saith , if the prince was not doing the businesse of the publike , and did make war without advice , and consent of the people , then are they not to redeem him . now certain it is , when the king raiseth war , not onely against his oath , and saith , god do so to me and mine , if i intend any thing but peace , yet maketh war , and also raiseth war without consent of the parliament , and a parliament at that time convocated by his own royall writ , and not raised , and dissolved at all , but still sitting formally a parliament ; if he borrow money from his own subjects , and from forraign princes , to raise war against his subjects and parliament , then the people are not obliged to pay his debts , . because they are obliged to the king only as a king , and not as an enemy : but in so raising war , he cannot be considered as a king. . though , if the people agree with him , and still acknowledge him king ; it is unpossible , physicè , he can be their king , and they not pay his debts , yet they sin not , but may , ex decentia , non ex debito legali , pay his debts , yet are they not obliged by any law of god , or man to pay his debts ; but though it be true , by all law the king be obliged to pay his debt , ( except we say , that all the peoples goods , are the kings , a compendious way , i confesse , to pay all that any voluptuous h●liogabolus shall contract ) yet it may easily be proved , that what his subjects and forraign princes lent him to the raising of an unjust war , are not properly debts , but expences unjustly given out under the reduplication of formall enemies to the countrey , and so not payable by the subjects ; and this is evident by law , because one may give most unjustly moneys to his neighbour , under the notion of loan , which yet hath nothing of the essence of loan and debt , but is meer delapidation , and cannot properly be debt by gods law ; for the law regulateth a man in borrowing and lending , as in other politike actions : if i , out of desire of revenge , should lend moneys to a robber , to buy powder and fewel to burn an innocent citie , or to buy armour to kill innocent men , i deny that that is legally debt . i dispute not , whether a. b. borrowing money formally , that thereby he may buy a whore , shall be obliged to repay it to c. d. under the reduplication of debt ; or if the borrower be obliged to pay what the lender hath unjustly lent . i dare not pray to god , that all our kings debts may be payed ; i have scarce faith so to do . quest. . whether subsidies be due to the king as king ? ] answ. there is a twofold subsidie ; one debitum , of debt , another charitativum , by way of charitie : a subsidie of debt , is rather the kingdoms due for their necessitie , then the kings due , as a part of his rent ; we read of custome due to the king as king , and for conscience sake , rom. . , . never of a subsidie or taxation to the kings of israel and judah , at any convention of the states . augustus caesar his taxing of all the world , luk. . for the maintenance of wars , cannot be the proper rent of augustus , as emperour , but the rent of the romane empire : and it is but the fact of a man. charitative subsidies to the king , of indulgence ; because , through bad husbanding of the kings rents , he hath contracted debts : i judge no better than royall and princely begging . yet lawfull they are , as i owe charitie to my brother , so to my father , so to my politique father the king. see ferd. vasq. illust . quest . l. . c. . who desireth that superiors , under the name of charitie , hid not rapine : and citeth cleer , gravely saying , offic : l. . nulla generi humano & justitiae major pestis est , quam eorum , qui dum maximè fallunt , id agunt , ut boni viri esse videantur , &c. quest. . whether the seas , floods , road-wayes , castles , ports , publike magazine , militia , armour , forts and strengths be the kings ? ] ans. all these may be understood to be the kings , in divers notions . . they are the kings , quoad custodiam , & . publicam possessionem , as a pawn is the mans in whose hand the pawn is laid down . . they are the kings , quoad jurisdictionem cumulativam , non privativam ; the king is to direct , and royally to command , that the castles , forts , ports , strengths , armour , magazine , militia , be imployed for the safetie of the kingdome . all the wayes , bridges , the publike road-wayes , are the kings , in so far as he , as a publike and royall watchman , is to secure the subjects from robbers , and to cognosce of unknown murthers , by himselfe and the inferior iudges : yet may not the king imploy any of these against the kingdome . . they are the kings , as he is king , quoad officialem , & regalem , & publicam proprietatem : for he hath a royall and princely propriety to all these , as his own , in so far as he useth them according to law : and thus they are , . the kings also , quoad usum , in regard of officiall use . but they are the kingdomes , quoad fructum , in regard of the effect and fruit . . they are the kingdomes , finaliter , being destinated for the safetie and securitie of the kingdome . . they are the kingdomes , quoad proprietatem propriam , & legalem stricté sumptam ; according to the proper and legall proprietie ; and are not the kings proper heritage , as he is a man : . because he may not sell these forts , strengths , ports , magazine , bridges , &c. to a stranger , or a forraigne prince . . when the king is dead , and his heires and royall line interrupted , these all remaine proper to the kingdome ; yet so , as the state cannot , as they are men , make them away , or sell them , more then the king : for no publike persons , yea the multitude cannot make away the securitie , safetie , and that which necessarily conduceth to the securitie of the posteritie . the lord build his owne zion , and appoint salvation for walls and bulwarks . finis . errata . in the preface , p. . l. . for who is , r. which is . page . line . for he read they . ib. l. . for is r. it s . p. . l. . adde not . ib. l. . r. satan . p. . l. penult . for ant. r. for . p. . l. . for yet as , r. as yet . p. . l. . for rest , r. right . p. . l. . r. nature . p. . l. . for is , r. in . p. . l. . for him , r. her . p. . l. . for . r. . ib. l. . for . r. . l. . for . r. . for fol. , . r. , . p. . l. for far , r. for . p. . l. . for or , r. is a. p. . l. . for re-joyned , r. are joyned . p. l. . for nor , r. were p. . l. . for are , r. or . p. . l. . for dispute , r. dispence ▪ p. l. . for is , r. in . p. . l. . dele by . p. . l. r. in so far as it is . p. . l. . for it , r. it s . p. . l. . r. malderus . p. . l. . dele come . p. . l. . for them , r. then . p. l. . for traddit , r. tradidit . for fol. . r. . & sequent . p. . l. . for excito , r. exercito . p. . l. . for aimeth , r. owneth . p. . l. . for works , r. worker . p. l. . dele not . p. . l. . for first , r. fift . p. . l. penult . for first , r. fift . ib. l. ult . for re-man , r. remain . p. . l. . for needlesse , r. needfull . p. . l. . for accidere , r. occidere . p. . l. antepenult . for right , r. rite . p. . l. . for devide , r. denude . p. for●ive ●ive r. suae . p. . l. . for neither , r. either . notes, typically marginal, from the original text notes for div a -e sacr. san . epist. dedi● . sacr. san . reg . maj . c. . a refutation of the p. p. pamphlet , touching the inconsistency of the presbytery with monarchy . the pretended prelates lies and calumnies of the presbyteries of scotland . pag. . . . pag. . pag. . . , . pag. . pa. , , . . . pag. . pag. . pag. . pa. , . pag. . pag. . pag. . p. , , . pag. . pag. . pag. , , . his lies of the generall assemblies of scotland . notes for div a -e how government is from god. civill power in the root immediately from god. (a) aristot. polit . l. . c. . (b) sacro sanc . reg . majestas , c. . p. . (c) molina to . ● . de justit . 〈◊〉 . . (d) bodin . de rep . l. c. . (e) suarez to . . de legib . l. . c. . civill societie how naturall . (f) vasquez illust . quae t. l. . c. . num . , . power of government , and of government by magistrates disterent . (g) l. . in princ . f. de iust . & jur . & in princ . iust. cod. tit . c. jus nat . . disp . (h) dominium est jus quoddam . l. fin . ad med . c. de long . temp . prest . l. qui usum fert . civil subjection formally not natures law. our consent to laws not antecedently naturall . government by rulers a secondary law of na●ure . (a) ad tannerus , m. . tom . . disp . . de peccatis , q. . dub . . num . . (b) sotus . de justit . q. . ar . . (c) lod. molina , to . . de just . disp . . (d) victoria in relect . de potest . civil . q. . art . . family government and civil different . civill government , by consequent , naturall . rom. . (e) govarruvias , tr . . pract . quest . . n , , (f) soto loc . cit . (g) suarez de reg. lib. . c. . n. , . (h) barclaius con . monarchoma , l. . c. . the king from god , understood in a fourefold sen●e . (i) sacro , an . reg . maj . 〈◊〉 sacred and royall prerogati●● of christian kings c. . q. . p. , . (k) bellarm. de locis , l. . c. . not . . politica universe considerata est de jure divino , in particulari considerata est de jure gentium . royall power is of divine institution . (a) hieromy in ● . . comment . in ierem. (b) basilius epist. . (c) athanasius epist. ad solita . (d) optat. melevitanus . lib. (e) epiphanius l. . tom . . heres . . how and in what sence any forme of government is indifferent . how government is an ordinance of man , pet. . (f) rivetus in dee●t . mand. . pa. . (g) pisc. in loc (h) diodat . annot . (i) occumenius quod hominum dispositione consistit . & humanis suffragiis creatur . (k) dydimus . (l) cajetan , officium regimenis , quia humanis suffragiis creatur . (m) estius in loc . (n) betrandus tom . bib. (o) gloss. ordinar . (p) lyranus . (q) syriak . (r) lorin . in lo. (s) durandus lib. de orig ▪ juris how the king is from god , and how from the people . royall power three wayes in the people . how royall power is radidically in the people . the people make the king. the people create a king according to the scripture . (a) lavater com . in part . hodie quo que in liberis urbibus , & gentibus , magistratus secundum dei verbum , exod. . & deut. . cligendi sunt , non ex assectibus . (b) barclaius , l. . cont . monarchomach . . c. . making a king and choosing a king , not to be distinguished . david not a king , because anointed by samuel . by the peoples ▪ election one is made of no king a king. kings elected & made by the people , though the office in the ●bst●act be imme●i●tely of god. (a) bellarmine l. . c. . not . de laicis . sacro . sa. reg . ma. . . pag. . , , . the people have a reall action more then approbation in making a king. the same word that is ascribed to the people in making a king , sam. . . is given to god , king. . . kinging of a person ascribed to the people . kings in a speciall manner from god , but it followeth not , ergo , not from the people . ib. c . kings are from god , yet from the people also . the place , prov. . . proveth not but kings are made by the people . thom. . q. . art . . pag. . dr. fern , . ● . . the formes of government not from god by a naked act of providence , but by his approving will. cap. . pag soveraigntie not from the people by sole approbation . that kings in an eminent 〈◊〉 of divine providence , have their crownes from god , hindreth not but they have their crownes from the people also ▪ phrases ascribing the making of kings in a peculiar manner to god prove not that the free will of the people hath no hand in the making kings . prophesies of christ expounded by the p. prelate of prophane heathen kings . the p. prelate expoundeth prophesies of david , solomon and iesus christ as true of prophane heathen kings . sacro sancta maj. . . the p. p. maketh all the heathen kings to be anoynted with grace from heaven . (a) aug. in locum , u●xi manum fortem , servum obedient●m ideo in ●o posui adjutorium . (b) lyra. gratia est habitualis , quia stat pugil contra diabolum . (c) gloss. ordin . & (d) hugo cardinalis , oleo laetitia quo prae consortibus unctus fuit christus , ps. . (e) bellarm. ib. (f) lorinus . (g) theodatus . (h) ainsworth , annot . (i) sam. . , . luk. . . . io. . ● . (k) iunius annot . in loc . (l) mollerus com . ibid. 〈…〉 of the church and christ , by the p p. exp●unded of profane kings ▪ (a) chald. par . (b) diodat . an . (c) ainsworth . athanasius , eusebius , origen . augustine , dydimus . (d) ainsw . an . i● v. . the excellency of kings maketh them not of gods only constitution and designation . antonin . de dominis archiepis . de dom . l. . c. . n. , . seq . how soveraigntie is in the people , and how not . a community doth not surrender their right and libertie to their rulers , so much as their power active to do , and passive to suffer unjust violence . gods losing of the bond of kings , by the mediation of the peoples dispising him , proveth against p. p. that the lord taketh and giveth royall majesty mediately . the subordination of creatures naturall , not voluntary as is the subordination of people to kings and rulers . . arg. pag. . . the place gen. . . he that sheddeth mans blood , &c. (a) quint. curtius , l. . (b) aug. de civ . dei , l. . c. . (c) euseb. in exo . cronic . (d) hieron . in c. . hos. (e) euseb. l. . de prepar . evan. c. . (f) clemens recog . l. . (g) pirerius in gen. c. . v. , . disp . . n. . illud quoque mihi fit percredibile , nimrod fuisse eundem , atque enim quem alia appellant belum patre● ni●i . (i) euseb. prolog l. . chron. (k) paul orosius . l. . de ormesta mundi . (l) hieron . in traditio hebrei in gen. (m) tostat. abulensan gen. c. . . . (n) calvin com . (o) iosephus in c. . ge. (p) luth. cò . ib. (q) musculus . (q) calv. com . quanquam hoc loco non simpliter fertur lex politica , ut plectantur homicidae . (r) ainsw . com . (r) calv. in lect . (s) mortar . (t) pirerius in gen. ● . . v. , . n. . vatablus hath divers interpretations ; in homine , id est , in conspectu omnium & publicè , aut in homine , i.e. hominibus testificantibus , alii , in homine , i. e. propter hominem , quia occidit hominem , jussu magistratus . cajetan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem , in despight of man. (h) calvin com . in c. . gen. (s) mortar (t) pirerius in gen. ● . . v. , . n. . vatablus hath divers interpretations ; in homine , id est , in conspectu omnium & publicè , aut in homine , i. e. hominibus testificantibus , alii , in homine , i. e. propter hominem , quia occidit hominem , jussu magistratus . cajetan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem , in despight of man. (a) m. anto. de domini . arch. spalatens . l. . c. . n. . . 〈◊〉 petius h●bet a natura , non tam vim a●●ice rectivam aut gubernativ●m , quam inclinationem passive re gibilem ( ut ita loquar ) & gubernabilem , qua volens & libens sese submittit rectoribus &c. (b) almain . de potest . & la. q. . c. . . & q. . , . (c) navarrus (d) nem. don iud . not . . n. . in any community there are active and passive power to government . pag. , . spal●tensis , ibid . pag. . popular government is not that in which the whole people are governors . people by nature , are equally indifferent to all the three forms of government . 〈◊〉 . august . de lib. arb . l. . c. . ●i deprauatus populus rem privatam reipub. preserat . atque habeat venale suffragium corruptusque ab ii● qui honoros a●nant , regnum in sefactiosis cons●●leratisque committat ; non ne item rectê , si quis tunc extilerit vir bonus qui plurimum possit , adimat huic populo potestatem dandi honores , & in pavcorum bonorum , vel etiam unjus red regat arbitrium ? pag. . sacr . sanc . regum majest . the p. prelate holdeth the pope no● to be the antichrist , but that as papists say , the antichrist shal be one single man. the bad successe of kings chosen by the people proveth nothing , because kings chosen by god had bad successe , through their own wickednesse . the p. prelate condemneth king charles his ratifying in parliament , . an. . the proceedings of scotland in this present reformation . that any are supreme iudges , is an eminent act of speciall providence , which hindereth not but that the king is made by the people ▪ the people not patients ▪ in making a king , as is water in producing grace in baptisme . barclaius contr . monarch . l. . c. . p. . ut hostes publicos non solù ab universo populo , sed à singulis etiam ●mpeti o●edique jure optimo posse tota antiquitas ●ensuit . ●ow the people is the subject of soveraigntie . sac. reg. maj. the sacred an● royall prerogative of king c. . p. . stollen from barclaius . the power of parliaments . the parliament hath more power then the king. c. . pag. . c. . , , . iudges and kings differ . cap. . p. . barclaius contra monarchum . l. . c. . idem . l. c. ult pag. , . people may resume their power in some cases , not because they are infallible , but because they cannot so easily erre as one man. that the sanedrim punished not david , bathsheba , ioab , proveth nothing in law , as a fact or non fact is not law . (a) covarruvias , tom . . pract . ●uest .. c. . n. ▪ spalato de rep . eccles . l. . c. . n. . sa. sa . maj . the sacred and royall prerogative of kings c. . p. , , . (a) covarr . to pract . quest . c. . ● . government how both naturall , and also voluntary . there is a subordination of creatures naturall , and government must be naturall , and yet this or that forme i● voluntary . edward symmons , in his loyall subjects beleefe , sect . . p. . royaltie not transmittable from father to sonne . vpon what tearme a people chooseth a familie to reigne over them by succession . the throne by speciall promises of god , made to david and his seed , ps. . no ground to make birth in foro dei a iust title to the crowne . arg. m. symmons , loyall subjects beliefe , sect. . p. . title to a crown by conquest must be unlawfull if truth be gods just title to a crowne . royalists who hold conquests a iust title to the crowne , teach manifest treason against our soveraigne king charles and his heires . . arg. onely bona fortunae , not honour is transmittable from father to son . violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull king. naked birth is inferiour to the divine unction , which yet made no man a king , without the peoples election . symmons loyall subiects beleef . sect. . p. . birth a typical designment to the crown . if a kingdom were by birth , the king might sell it . symons , sect . . pag. . joan. episc● . roffens . de potest . papae . l. . c. . arnisaeu● de authorit . princip . c. . n. . the heir of a crown hath the crown as the patrimony of the kingdom , not of the king his father . the choice of a family to the crown , resolveth upon the free election of the people , as on the fountain-cause . . argum. sect. . p. . election of a family to the crown lawfull . speed , hist. pag. . a king by el●ction comm●th neerer to the first king th●● a k●ng by suc●●ssi●n . d. fern , part . sect . p. . if the people may limit the king , they may give him power a community have not power formally to punish themselves . barclay cont . monarcham . c. . p. . the elective king and the hereditary king better and worse , every one then another , in divers relations . sac. sanc . reg. maiest . c. . p. . letter p. . twofold right of conquest . sect. . p. . vniust conquest is no signification of gods approving will. arg. arg. meere violent domineering is contrary to the rules of governing . arg. violence hath nothing in it of a king. arg. arg. a king given to a people by a bloody conquest , must be a judgement , not a blessing , and so not per se a king. arg. strength , as prevailing strength , is not law or reason . fathers cannot dispose of the liberty of the posteritie not borne . a father as a father hath not power of life and death . hugo gootius de ●ute belli & pacis l. . c. . n. . arg. part . sect. . pag. . arnisaeus de authoritat . princip . c. . n. . the peoples and davids conquest of canaanites , amonites , and edomites , do not prove conquest to be a good title to a crown . davids conquest of the ammonites more rigorous then that it can legitimate crowns by conquest . sam. . . . . sorts of superioritie and inferioritie . power of life and death from a positive law not from the superioritie o● father & children . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a dominion antecedent and consequent . kings and subjects no naturall order . buchan . de ju● regni apud sco●tos . a man is bor● consequenter , i● a poltique re●lation . slavery not naturall . every man by nature free borne in regard of civill subjection . arg. arg. arg. arg. arg. arg. politque societie naturall in radice , free in modo rei . arg. sac. sanct . r●g . ma. c. . p. ● . p. prelate . politick government how naturall . p. prelate . sac. sanct . mai. p. ● . inslaving of children by the parents not naturall . the king under a naturall , but no civil obligation to the people , say royalists . if the condition without the which one of the parties would never have entered in covenant , be not performed , that person is loosed from the covenant . arnis . de anthorit . prin . c. n. , . the people & princes in their place are obliged to maintain religion and iustice , no lesse then the king. in so far as the king presseth a false religion on the people , catenus , in so far they are understood not to have a kingly power . the covenant between king and people giveth a coactive power to each other . the covenant bindeth the king , as king , not as he is a man only . the covenant tyeth the king to the people politically as well as to god naturally or religiously . arg. how the covenant is conditionall , and what breach dissolveth the covenant . one or two tyrannous acts deprive not a king of his royall right . the covenant between king and people conditionall . though there be no positive written covecant ( which yet we grant not ) yet there is a naturall , tacite , and implicite covenant betwixt the king and the people . if the king be made king absolutely , he is made such an one contrary to the word of god and nature of his office . the people are not given to the kings keeping so as they be his owne , as sheep or mony are given . the king could not buy or sell , borrow or contract debt if his covenant with men did not bind him . the covenant sworn by asa and all iudah , chron. . obligeth the king. barclay . alber. gentilis in disput . regal . l. . c. . l. ● . c. ● . . hug. grotius de jure belli , & poc . l. . c. , , . arnisaeus do authorit . princip . c. . n. . . . haenon . disp . . ioan. roffens . de potest . pape . l. . c. . adam suppose he had lived till now should not have bin king of the whole earth because a father . king a father metaphorically only . a fatherly power and a politike power are not one and the fame . d. ferne , par . . sect . . pag. . sacr. sanct . reg. maiest . c. . pag. . arnisaeus de potest . princip . c. . n. . . see aristotle saith the prolate , eth. . . pol. . c. homer . odys . . he might have said , see arnisaeus loc . tit . the king as king , hath no masterly domion over the people , but only fiduciarie . to be a king , is by office , and actu primo , to defend , save , feed , and not to hurt or inthral . a king not over men as reasonable men . prelate . sacr. sanct . maj . c. · p. . hugo grotius hath the same de jur . bel . & pacis , l. . c. . a compelled surrender of liberty tyeth not . a surrender of ignorance and mistake , is some way unvoluntary and obligeth not . the goods of the subjects not the kings . * quod jure gentium dicitur . f. de justitia & jure . l. ex h●e . quod partim jure civili . iusti . de rerum divisio . sect . singulorum . * l. item si verberatum . f. de rei vindicat . ias. plene m. l. barbarius . f. de offici . prator . all the goods of the people are the kings in a fourfold notion , but not in propriety . subjects are propriators of their own goods . argum. . argum. . argum. . the answer of hybreas to a extorting prince antonius . argum. . species enim furti est de ali●no largiri , & beneficit debito rem sihi acquirer● , l. si pignore , sect . de furt . argum. . argum. . argum. . argum. . the kings power fiduciarie . the king a tutor . difference between a father and a tutor . a free community no pupill or minor . the kings power not properly maritall or husbandly . the king a patron rather then a lord. the king an honourable servant . royall power only from god , and only from the people in divers respects . the king the servant of the people both objectively & subjectively . by one and the same act the lord of heaven , and the people make the king according to the physicall realitie of the act . the king head of the communitie only metaphorically the king but metaphorically only lord of the familie . the king not heire nor proprietor of the kingdome . the place , sam. , , . discussed . (a) grotius de ju . bel ▪ & pacis , l. . c. . n. . (b) barclaius contra monar chom . l. . p. . potestatem intelligit non cam quae competit e● praecepto , neque etiam quae ex permissu est , quatenus liberat à ●cecato , sed quatenus paenis legalibus eximit operantem . (c) barclaius contra monarcho . l. . p. , . the power & office of the king , badly di●●erenced by barclay . (d) barclaius , l. . c. . (e) arr. mon. haec erit ratio regis . (f) . interpret . vatabul . judica 〈◊〉 judicium & consuetudinem , ● . more 's & ib. his moribus & hac consuetudine utentur erga vos reges . g chald ▪ para. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . interp. . interp. (h) p. martyr . coment . sam. . verum jus regium describit in deut. apud samuelem autem usurpatum . (i) calvin . conc . sam. . (k) andr. rivetus in decal . c. . in● . mundat . p. . (l) junius annot . in sam. . . (m) diodatus annot . sam. . . (n) gloss● interlinearis . (o) lyra in locum . hic accipitur jus large sumptum quo● reputatur jus propter malum abusum . nam illa quae dicuntur hic de jure regis , magis contingunt p●r tyranidem . (p) tostatu● abulens . in reg. . q. . deq. . (q) cornelius a lapid . in locum . (r) cajetan . in locum . (s) hugo cardinal . in loc . (t) serrarius in locum . (u) thom. aquin . l. . de regni princip . c. . (x) mendoza , jus tyrannorum . (y) clemens alexand. pag. . (z) beda , l. expo . in samuel (a) petrus robuffus tract . d● incongrua . prert . p. . osiander , he setteth not down the office of the king , what he ought to be , but what man●ner of king they should have . pelican . that ruled by will , not by law . willet . such as decline to tyranny . borhaius , tyrants , not kings . (b) rabb . levi ben. gersom . in sam. . pezelius in exp . leg . mosai . l. . c. . tossan . in not . bibl. bosseus de rep. christ. potest . supra regem , c. . n. . bodin . de rep. l. . ● . brentius , homil . . in sam. . mos regis non de jure , sed de vulgatâ consuctudin● . doct. ferne , p. . sect . pag. . active and passive , obed. pag. . d. ferne. . p. sect. . pag. . learned authors teach that gods law , deut. . and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a manner of the king , sam. , are opposite one to another , so gerson in trinprinc . sac . adu . lat . par . . alp. . lit . l. cons. . buchan . de jure regni . apud scot. chasson . cat . glo . mundi cons. . n. . cons. . tholoss . l. . c. . rossen . de polus rep. c. . n. . magdeburg . in trac . de . off . ma. crying to god not the only remedy against a tyrant . ferne par . . pag. . resisting of tyrants , and patience not inconsistent . the law of the king not a permissive law as was the law of devorcement mal. . the law of the king written in a booke , sam. . not the law of tyranny . in what considerations the king is worthier then the people , and the people worthier then the king. a meane as a meane inferiour to the end . a king inferiour to the people . argum. ● . argum. . argum. . argum. . argum. . the church because the church of more worth then the king because king. argum. . argum. . people in the spece immortall , king not so . if sinne had never been , there should have been no need of kings . arg. . the king is to expend his life for the people , and so inferior ●o them . a meane is considered reduplicatively and formally as a meane , and materially , as the thing which is the mean : in this latter sense the mean may be of more worth then the end , but not so in the former sense . a meane may be considered as a meane only , and as more then a meane . the people may be without the king , but not the king without the people . . argum. the people worthier as the constituent cause then the king , who is the effect . argum. . argum. . vnpossible that people can limit royall power , but they must giv● royall power . argum. . argum. . except . . ioan. rossens . de potest . pap . l. . c. . though god immediately create kings without the people , yet can the people unmake kings . though god should immediately give a talent and gift for prophecying , as he gave to balaam , caiaphas and others , yet they may lose that talent by digging it in the earth , and be deprived by the church . except . . sacr. sanc . m●jes . c. . p. . arnisaus de authorit . princip . cap. . n. . the people putting a king above themselves , retaine the fountain-power , and so are superior to the king. ulpian l. . ad sc. tupil . populus omne suum imperium & potestatem confert in regem . bartolus ad l. hostes . f. de capt . & host . arnis . c. ● . n. . the king ; as king , a meane and inferior to the people . the king both as a man , and as a king inferior to the people . except . . sacr. sanct . maj . c. . p. . observe here , that the p. p. yieldeth there is a free covenant , by which the people resigne their power to the king : but whether royall power , or some other , he dare not assert , lest he destroy his own principles . to sweare non-selfe-preservation , and to sweare self-murther , all one . reply . sac. sanct . maj . c. . p. . stollen from barclaius , l. . c. . the people cannot make away their power to the king irrevocably the people may resume the power they gave to commissioners of parliament , when they abuse that power ▪ buchanan not understood by the p. p. tables lawfull when the secret counsell is corrupted , and parliaments are denyed . rep. barc . l. . con● . monar●bo . c. pag. . . rep. sacr. sanc . ma● ▪ c. . p. . stolen out of arnisaeus d● jure majest . cap. . n. . pag. . quod ●fficit tale , &c. holdeth when the agent maketh not away all its vertue by alienation . . rep. sacr. sanc . mai. pag. . propter quod unumquodque &c. not understood by the p. p. the king hath soveraignty by loane and in trust . soveraigntie how in the communitie , how not . power of life and death , how in the communitie . a communitie of it selfe , wanting rulers , is a politique body , and how . sacr. sanc . maj . c. . p. . the propagation of kings is by filiation , saith the p.p. a speech that hath neither sense nor reason . filiation is later then propagation : one must be propagated ere he be a sonne . kings and inferior iudges gods analogically . inferiour iudges no lesse gods immediate vicars then the king. the conscience of the inferiour iudge is immediately subordinate to god , not to the king either mediately , or immedia●ely . grotius de jure belli & 〈◊〉 l. . c. . nam ●●nis faculeas gubernandi in magistratibus , summae potestati ita subjicitur ut qui●quid con●ra voluntatem summi imperantis faciant , id dosectum sit ca facultate , ac proinde de pro actu privato ●abendum . grotius ibi . species intermedia , si genus respicias , est species , si speciem infra positam , est genus : ita magistratus illi , inferiorum quidem ratione habita sunt publicae , personae , at supper ores si considerentur , sunt privati . grot. . inferiour iudges truely iudges in relation to the king. the 〈◊〉 judge , how the deputy of the king. inferiour iudges powers ordained of god. rebuked for perverting judgement . they are the ministers of god. to resist them is to resist god. they are gods by this the parliament of both kingdomes ought to put to death cut-rhroat - ; cavaliers ●aising warre against the subject , though the king commands the contrary . sac. sanc. mai . c. . pag. . how the king judgeth by inferiour iudges . simmons loyall subjects beleif . sect. . pag. . the honour of an inferiour iudge commeth neither from east , nor from west , more then from the king. argu. . power of kings and of inferiour iudges dister gradually , not specifically . the specifick acts and formall object of kings and inferiour iudges are the same . the same obligation of cons●ienc● that lyeth on the king in all things , lyeth on the inferiour iudge . inferiores iudices sunt impropriè vicarii regis , quoad missionem externam ad officium , sed immediati dei vicarii , quoad officium in quod missi sunt . barcl . l. . contr . monarchom . p. , . arnisaeus de authorit . princ. c. . n. . marant . disp . . zoan . tract . . de desens . mynsing . obs . . cent . . symmons , sect . p. . the iudges of israel , and the kings after them , differed , but not essentially . sacr. sanct . maj . . . p. , . nature is as neare to aristocracy as to monarchy , for the wife cannot be under the husband , as a subject under a monarch , slie by the fift commandement hath a joynt headship with the husband . iudges inferiour depend on the king , in fieri when the constitution of the kingdome is such , but not in facto esse nor in their essence . arg. . inferiou● iudges , after the king is dead , as also the states of parliament remain iudges . arg. . god , not the absolute pr●nce , maketh the inferiour iudges . no heritable iudges according to gods word . inferiour iudges more necessary in a large kingdom then the k●ng , and so aristocracy in that more sutable to the naturall end of government then monarchy . principes sunt capitis tempora , rex ●ertex . elders of a land joyntly in parliament , must have as much , if not more , ( vi● uni●a sortior ) then when they are divided in severall tribes , cities , shires : but , divided , they are as essentially iudges , as the king. the whole must have more power in extension , then the part . jer. . . they had power against the kings will , to put ieremiah to death . ieremiah saith , doe whatsoever soemeth good to you , v. . the power of conveening parliaments , in the estates , without the king. ps. . , . why are thrones set for judgement for all the tribes , if only the king judge . tables in scotland lawfull . the inferiour iudges are not subject in their conscience to the king , in their acts of judgement , either , quoad ●●●cifi●ationem , to give unjust sentences at his will ; nor quo ad 〈◊〉 , to execute , or not execute judgement for the oppressed . vnjust judgeing , and no judging at all , are sinnes in the states . junius brut. q. . p. . vin . l. contr . tyran . the parliament iudges not advisers only . ieferiour iudges not the legats , or servants , or messengers of the king. publick government belongeth to the states , and elders as to the king. arg. . arg. . arg , . arg. . ferne par . . defence . sect. . pag. pag. the question is not , if the king be so absolute as he is freed from all morall restraint comming from gods law. sacr. sanc . maj. 〈◊〉 . p. . no resisting of the most turkish tyran by the royalists way . an absolute king more absolute then the great turke , by royalists way . no law at all , by royalists way , to impede a king from a super-inundation of overflowing tyranny . arg. against absolu●en●slo of kings . why the king ● breathing law ? three reasons . . argument against an absolute king : the people have no absolute power over themselves , and so cannot make over any such power to the king. arg. . against an absolute prince . power tyrannicall is not from god. barclaius 〈…〉 l. . pag. . that ●●●sion 〈…〉 mortall ●an may resist , ●s from god. argum. . against an absolute prince . a king as a king must be a plague , if god be the creator of an absolute prince . the goodnesse of an absolute prince in not putting forth his power in actuall destroying of the people , hindereth not the power to be actu primo , tyrannicall . argum. . against absolute princes . an absolute prince against justice , peace , reason , law , &c. argum. . against an absolute prince . it is against nature . arg. . against an absolute prince , contrary to the fift commandement . arg. . against an absolute prince . the king remaineth a brother when he is king , and may be rebuked , may not take his neighbours vineyard from him . a damsell forced by the king may violently resist . no sufficient meanes against all cruelties and unjust violences , i● an absolute prince be from god , all go● to confusion . barclaius cont . monarch . l. ● . pag. , . . argument 〈◊〉 an ab●●lu●e p●●nce . the 〈…〉 express● , upon which the p●●n●e receive●h the crown ●ight with all absolute power . prerogative taken two wayes . no prerogative royall in the scripture . jus personae , jus coronae . the question touching prerogative royall , vaine . prerogative royall of royalists , gods due . acts founded upon the sole ▪ pleasure of the agent , proper to god. a threefold dispensation . a dispensation , . of sole pleasure , . of ●ustice , . of grace . a twofold exponing of the law by grace . in re dubia possunt dispensare principes , quia nullus sensus presumitur , qui vincat principolem , l. ● . sect. initium ib. kings , as kings , cannot doe things of meere grace , because they must doe all ex debito officii , by necessitie of their office . rom. . . prov. . . kings , equivocally kings . the king may ●s well do acts of m●er cruelty , from his suppos●d prerogative , as acts of meer grace to one man , out of the same fountain . if prerogative may ov●r-leap law in one , why not in twenty ▪ no tyrant c●n do any the most cruell act , but under the notion of apprehended good . pretended prerogative royal of royalists tyranny polanus in daniel , c. . . rollocus , com . . ib. the sa●ches de matr . tom . . l. . dis . . n. . est arbitrii plenitudo , nulli ne●●●sitati subjecta , ruliiusque public● juri● regalis limita 〈◊〉 . baldus , l. . n. . c. de servit . & aqua . sueto●i . in caligu . cap. . memento tibi omnia , & in omne● licere . coelius rodigi , l. . lect. antiq . c. . vasquez , illust . quest . l. . c. . n. . a contradiction in ferne. treaties of monarchicall government . c. . pag. , . the king of persia not absolute . the o●th of iudah to the king of babylon tyed them not to renounce naturall selfe preservation . servants are not by pet. . , . interdited of selfe-defence . declar. at new market , mar. . . magna charc● against an absolute prince . how the king is lord of the parliamen● . monarch . governa . part . c. . pag. . sac. sanc . mai. c. . p. . princes are not to be invested with power to all tyranny , upon this pretence , that they cannot do good , except they have also absolute power to do evil . sac. maj. pag. . sacr. sanc . maj. c. . p. , . a power to shed innocent blood , is no part of a true prerogative . the king because of the publikenesse of his office inferiour to subjects and other iudges , in many priviledges . loyall subjects belief , sect. . p. . barcl . l. . c. . p. . humane laws as penall , take life from law makers : as reasonable , they have life from the eternall law of god. the king not greater then the law. no necessitie that an unjust will of a king be either done by us , or on us . the king hath no nomothetick power , his alone . symmons , loyall subject , sect. . pag. . prerogative royall , warranteth not the prince to destroy himselfe ; nor is the people to permit him to cooperat for destruction to themselves . the king inferiour to the people . parliaments supplicate not the king , ex debito ▪ sac. sanct . maj . ● . p. , subordination of the king to the parliament , and coordinatiō , both consistent . do. p. . sect. . pag. . temperament of all the three in a limited monarchy . barcl . ad verfus monarchomachous l. . pag. . a king as king how excellent a head of the people , how contrary to a tyrant . the king as an erring man no remedy against confusions , and oppressions of anarchy . a court of necessity , and a court of iustice. humane laws not so obscure as tyranny is legible . ferne , part . . sect . . pag. . it is ridiculous to say , a king cannot be so void of reason , as to destroy his people . part. . sect . . pag. . if there be a civill restraint from mans law , laid upon the king , it must be forceable . it s more requisite , the people , religion , and church , be secured , then one man. d. ferne , p. . sect . . pag. . to swear to an absolute prince , as absolute , is an oath eatenus , in so far , not obligatory . difference betwixt a tyrant in act , and a tyrant in habit . epist. . the tragicall end of many tyrannous princes . ●easons why ●he peoples ●●fetie , is the ●overaignes ●aw . 〈◊〉 good prince 〈◊〉 to postpone 〈◊〉 own safetie 〈◊〉 the safetie 〈◊〉 the people . sac. sane . ma● ▪ c. . . dr. ferne , conscience 〈◊〉 satisfied , sec. p. . the king in his governme●● is to seeke 〈◊〉 safetie of the people , not himselfe . ●●c . sanc . maj . 〈◊〉 . . 〈◊〉 armini . declar. remonstrant . in ●uod . dordra● . the royalists principles drive at this , to make none kings but only rank tyrants . v●●dix regum . pag. . sac. sanc . mai. . pag. , , . sacr. san . m●i . pag. . the subjects may gratifie the king for doing what he is obliged to doe by his office . sac. sacr . ma● . pag. . page . symmons hath the same very thing in his loyall subjec . ●nbelief . p. . page . the safetie of the people , far above the king page . a king may though we should deny all prerogative , breake through the letter of a law , for the safety of the whole land. the kings supposed prerogative , nothing , in comparison of the lives and blood of so many thousands as are killed in england and ireland . the power of the dictator no plea for a prerogative above law. pag. . sac. sa●● . maj . cap. . the law above the king in four considerations . the meaning of this [ the king is not subject to the law ] the law above the king in supremacy of constitution in what sense the king m●y do all things . plutarch in apoth●g . l. . the king under the fundamentall laws . whether the king be punishable , or be to he punished . two divers questions . magistratus ipse est judex & execùtor contra s●ipsum , in pr●pria causa , propter excellentiam sut officii , l. s● pater familias ▪ & l. & hoc tiberius caesar f. de here● . ●oc . just . the king above s●me lawes . the king ●bove lawes that con●erne subj●cts as subjects . some lawyers and schoole-men free the king from the law. reasons to prove that the king is under the law. th●t a king hath no superiour but god , a false ground to liberate the the king from the coaction of law. argum. . argum. . a tyrant in ●xercise , may be puni●●●d by th● 〈…〉 . but how this c●n 〈◊〉 w●th th● d●ctrine o● r●yal●●ts , i see not : to wit , once a father , alway a father , once a king , ever a king. none can punish a king , 〈◊〉 go● almighty , say they . arg. . the k●ng under the strict●st obligation of l●w. arg. . a king remaineth a man , and a sociall creature . 〈…〉 mai. 〈…〉 ● , ● . in what considerations the people is the subject of all politike power . sac. mai. p. , . c. . p. . stollen from arnisaeus de authorit . prin. c. . num , . pag. ▪ if david in his murthering vriah and his adultery sinned against none but god. arg. . the place psa. . against hee only have i sinned , discussed . against thee only , &c. cannot exclu●e men , as if david had sinned against no mortall men on earth , as royalists would teach . sac. sanct . maj . pag. . gods delivering his people by iudges , and by cyrus nothing ag●inst the power of a free people . that the people may swear a covenant for reformation , of religion , without the king , is proved . a twofold exposition of lawes . a rule to expone lawes . the king not the sole interpreter of the law. the kings conscience no rule of judging to the inferiour iudge . the king not the authentick peremtory and lordly interpreter of the law. argum. . argum. . the will of the king is not the sense of the law. the king is king according to the law , but not king of the law. argum. . arg. . there can be no written law , if the king only be the authentick expositor of the law. imperator 〈…〉 condere dicit . i. omnium , c. de testam . arg ▪ . arnisaus de authori . princ. c. . n. . the state of the question concerning resistance . arnisae . . n. . if kings be absolute by divine institution , then all covenants restraining them , must be unlawfull spoiling of kings , of that which god hath given them . resistance in some c●ses lawfull , according to d. fern. de author . princ. c. . n. . royalists hold it lawfull to resist an inferiour iudge . the exactors of unjust tribute , not easily to be resisted . arguments for the lawfulnesse of resisting unjust violence . argum. . argum. . argum. . argum. . arg. . arg. . the kings person as a man , in concret● and as a king and his office , in abstracto , are very different in this dispute . s●cr . sanc . reg. mai. c. . pag. . arnisae . de authoritat . princip . c. . n. n. pag. . every one that commandeth obedience active or passive unjustly , is ●●●enus , no higher power . arnisaeus . laertius , l. . in plato . the person or the man who is the magistrate , may lawfully be resisted , and the man as using the power lawfully , or the office can not be resisted . arg. . pag. . sac. sarc . mac . pag . pag. . . arnis●n de potest . prin . c. . . . pag. . sec. . pag. . royalists reasons th●t to resist the man or person is to resist the king , office or ordinance of god. grot. de iur . belli & pacis . l. . c. . n. . winzetus v●l●tat . ad●er . buchanan . barclay , adv . monarchom . l. . c. . we may kill a person as a man , and love him as a sonne , a father , a wife , according to gods word . how the person and office ●f the ruler are both the object of our subiection . the question of subjection toucheth the persons as abusing their power . de authorit . princ . c. . n. . loyall subiects beliefe . pag. . 〈…〉 pag. . pilates power to crucifie christ , was no law-power given by god to pilate as a iudge . patient bearing of ill , and resistance , are compatible in one and the same person . resistance not forbidden , pet. . . but patient suffering onely recommended . d. fern● , part . § . p. ● . suffering and non-resistance passive ▪ f●ll under 〈◊〉 law . christs non-resisting of pilate , no plea against resistance of unjust violence . many things not imitable by us in christs non-resistance . d. ferne , part . §. . p. . confes. remonstrant . suffering not commanded of god formally . we are compa●atively rather to suffer , 〈◊〉 to deny the truth , but we are not commanded formally to 〈◊〉 . patience in suffering is commanded , not suffering it self formally . re-offending in ended is contrary to patient ●ubj●ct●on . the physicall act of taking away of the life maketh not homicide . we have a greater dominion over our goods and members ( mutilation excepted ) then over our life . populo quidem hoc casu resislendi actuendi se ab inju●ia potestas competi●●●ed tuendis● tantum , non autem principem in ●adendi , & resis●endi in●u●iae illatae , n●n recedendi a debita reverent●● — non ●im 〈…〉 jus habet . defensive warres cannot be without offending d. ferne acknowledgeth violent resisting to be lawfull , but not defensive warres defensive wars are ●ff●nsive only by 〈◊〉 . there 〈◊〉 holding of an a 〈…〉 es hands , 〈◊〉 warding of stroakes , but by offensive wars conjoyned by accident with defensive wars . flying is resistance . self-defence naturall d. ferne alloweth the resistance of denying of tribute to a tyranous prince . apologies , supplication● , flight , taking of a●mes lawfull in self-defence . violent re-offending in self-def●nce the last 〈◊〉 〈…〉 a church or nation not 〈◊〉 mean of sel●●defence alway possible , and so not required of god. a self defence remote , and a self-defence neere-hand . when david had saul in his hand , he was in a c●se of actuall self-defence , saul being in a habituall unjust pursuit . 〈…〉 was in , when he came arm●e upon king saul sleeping . 〈◊〉 d. fe●ne . the law of universall and particular nature warranteth s●lf-defence . this or that king not the adequat head of the community . exod . rom . the love of our selfe the rule and measure of our love to our neighbour . we are to 〈◊〉 our brethrens salvation aobve our l●fe , not their life a●ove our owne . how many wayes a man may preferre the safety of his owne life to the safety of his brother . 〈…〉 common to man wi●h beast . takeing 〈◊〉 armes in the law is a sov●raigne ground o● a difensive postu●e . off●nsive and defe●sive wars differ in the event and intentions of men , but not physically . a whore may not sell her own body for hire . covar . . . par . . §. . de ●urti & rapi restituti §. . n. . the lawfulness of violent resistance of kings cleare from scripture proofes . symmons loyall subject . . . pag. . david● not ●nvading saul and his men , a case far contrary to the condition of england and scotland now . it is not lawfull to kill the king as jesuits teach . d. ferne his resolving of consc●ence . sect. ● . arnisaeus de authorit . princ . c. . n. . davids example not extraord●nary . elisha's fact proveth the lawful●esse of defensive wars . 〈◊〉 by no ex●●aordinary spirit resisted jo●am . loyall subjects beliefe . resist●nce made to king vzziah proveth the same . vat●b . deturba●unt eum ex illo l●●o , compulsusque ut egrede●etur . in not . festinanter egredi eum coegerunt , hoc est , extruserunt eum . sam. . the peoples resisting of saul in rescuing ●onathan unjustly condemned to die , saith , that th● esta●es of the two kingdomes may swear and covenant to rescue thousands of innocents from the unjust sword of ●●●throats of i●eland , & papists in england . chald. par. manifestum est quod jonathan peccavit perignorantiam . p. ma●t . saith with a doubt , si● ista seditiose fecerunt — nullo modo excusari possunt . yea he saith , they might suss●agiis , with their suffrages free him . jun. the people opposed a just oath to sauls hypocriticall oath . osiander and borhaius justifie the people . p. mar. com. in reg. c. . saith , lib●ah revolt●d , quia subditos nit●batur cogere ad idololatriam , quod ipsi libnenses pati noluerunt & merito : principibus ●nim parendum est , verum usque ad aras ▪ the king would compell them to idolatry , and they justly revolted . vatab. in no● . impulit judaeos ad idololatriam , alioqui ●am pronos ad cultum idololorum . the citie of abels revolting , a proof for the lawfulnesse of resistance . the place rom. . discuss●d . the king onely is not understood in the text. th● king is principally understood in the text , rom. . in regard of dignity , but not only in regard of ●ss●nce . onely nero cannot be understood , rom. . . vata● homines intelligit publica autho●itate p●●editus . the p. prelats poo●e reas●n ▪ ●estraining the text to kings , answered . prelat . 〈◊〉 sanct. ma● . c. . pag. . p. marty● . 〈…〉 potestatum g●n●ra — regna , aristocrat●●a , politi●a , tyrannica , oligar●hi●a — deus etiam illorum author . willet saith the same , and so beza , so tolet. haymo . reasons against the lawfulnesse of resistance made to unjust violence , answered . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he●●d . l. . de xe●xe . vulgar version and lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an apostate . luk. . . prelat . sac. sanc . maj . c. . n. . the objection that g●ds prophets never 〈◊〉 non-resistance as a murtherous omission , and that god● people in scripture never pract●s●d resista●c● , a●d god n●v●r c●mma●de● it , ●●lly ●nsw●red . nota. 〈…〉 . . 〈◊〉 ▪ . sheweth the reasons , why christ ●●ndemned 〈◊〉 , n●t because he thought felt de●e●ce unlawfull , 〈◊〉 . it had a kind of revenge in it . ●or so , ●ew could not repel such an army as ca●e to take christ. . he waited n●t on christs answer . . he could have defended himself ●noth●r way . . it was contrary to gods will reve●led to pet●● . the prophets cry against the sin of non-resistance , when they cry against the peoples not executeing judgement for the oppressed , and not relieving those that were crushed in the gate . there is no warrant in the word , by precept , or practice , that the king and cavalliers should rise , and oppose princes and states , in a hostile w●y , for their conscience . sacr. sance . . pag. , , . the doctors of aberdeene in their duplyes . t●●tull●an in an errour . the ancient chr●sti●ns did rise in armes against persecuting emperours . inferiour judges have the 〈◊〉 of the sword aswell as the king. the people tyed to acts of charity , and to defend themselves , the church , and their posterity against a forreigne army , though the king forbid . we must defend with the sw●rd ●he church of god , whether the king will or no , ●xcept it be said the king may c●mma●d murther , and discharge us 〈◊〉 the dut●es 〈◊〉 the second table . examples of lawfull warres without the ki●g . if the parliament make the king and give to him the sword , the king cannot make the parliament nor use the sword to their destruction . parliamentary power a fountaine power above the king. 〈…〉 . beliefe . cause● o● war make law●ull war , not the s●le pleasure 〈◊〉 the ki●g . 〈…〉 . n. . it is necessary and la●full for t●e states of scotland to help their brethren in england . cases ●n which we are to help our brethren according to divers opinions . we are to help our brethren , though they desire us not . solons testimony . 〈◊〉 of the ●g●ptians ●gainst those that helped not the oppressed . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 ad 〈◊〉 . 〈…〉 ad 〈◊〉 . acts of charity 〈◊〉 help●ng our bre●hren against u●just oppressions , of lig● us whether the king c●mma●d th●m or forbid 〈◊〉 . loyall sub●ect●●eliefe . sect . . ●ag . . sacr. sanct. reg. ma● . c. . ●ag . . . the question ●oncerning the ●xcellency of monarchy a●ove other ●●rmes , vari●us ●ccording to ●ivers conside●●tions . an absolute monarchy the baddest of governments epiminondas his watchfulnesse . a power to sin worse then a power of non-sinning . monarchy in it selfe considered is the best government . every forme in some construction , best . a mixed monarchy , best . tolossan . de rep. l. . c. . pa●●l cont . mona●ch . l. 〈…〉 . symm●ns l●yall subj . unb●liefe . § . pag . a threefold supreame power . what be jura regalia or ju●● majestatis . an●isaeus d● ju●i . mat . c. . n . pag. ● ▪ . kings con●●r honours , a● rewards of vertue as they p●nish ●ldoers , not because they are absolute , but according to law . the law of the king sam . . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a father consideration of the place sam. . . . difference of kings and judges . the law or manner of the king sam. . . no permissive law of god as was the law of a bill of divorcement . god cannot make a permissive law tending to the destruction of a whole national church and kingdome . what dominion the king hath over the goods of the subject . the peoples power over the king by reason of the coronation covenant . mutuall pun●shments may be , w●ere there be no mutuall relations of superiority and inferiority . a promise layeth a politique obligation on the promiser , and giveth law to him to whom the promise is made , to presse performance , or punish violation , when the promises are betwixt man and man. three kindes of oathes or covenants ●●de by kings as arnisaeus thinketh . the king not king while he first swear the oath . it is an evasion onely to distingu●sh between the kings promis●s and his oath . grotius de jur . bel . & pac . l. . c. . barclai . l. . c. . a king cannot swear to be a just king , because he is already king. bartol in l. . n. . de his qu● not . ●nfam . arnisae . cap. . an princeps qui tura● subditis , &c. io. ross. de potest . pa. lib. . c. . b. rochester . a difference betwixt a father and a king. a people may give royall power to the king by limitation and measure : but people can give no gift which is solely and immediately from god , by measure : they cannot measure god. sacr. san . reg . maj . c. . pag. , . an. . coronation of king charls in scotland . l. . desens . sid . orth. c. . n. , . the p. prelate is a papist . iesuites tenents concerning kings . tract . contra primatum regis angliae . calvin iust. l. . c. . sac. sanc . mai. c. . p. , . soveraigne power in the king , but not power of tyrannie . the king not the vicegerent of christ , as mediator . the king not the head of the church . the prelates reason proveth all creatures to be the vicegerents of christ , as mediator . reas. p. . the king no mix●● person , or half clergie man , in the externall government of the church , as the p. p. dreameth . parl. king charles , an . . the p. prelate prayeth for the pope . the power of presbyteries ministeriall . p. prelates deny kings to be subject to the gospel and discipline of christ ▪ pag. . the ministeriall power of page . the p. prelate maketh the king a church-man . the p. prelate giveth an arbitrary power of government , in christs-church to the king. prelates extend a lawlesse prerogative to the government of the church . two supremes under christ ; one in the church , another in the state , are not absurd . p. , , . the king no● the servant of the church . ruling elders not lay-men . the king of scotland not above laws and parliaments , proved from our acts of parliament . the king of scotland's oath at his coronation . how the king is supreme iudge in all causes . the estates of parliament do append their collaterall seales with the great seal , in treaties with forraigne princes . angl. conf. art . . civili●●er●c●nt ●●er●c●nt . w. laud and other prelates enemies to parliaments . the parliaments of scotland doe regulate , limit , and set bounds to the kings power . fergus the first king of scotland no conquerour , but a freely elected prince . a fundamentall law of elective kings in scotland . the parliaments of scotland chosed kings . ●he oath of ●aldus the . ●ing of scot●●nd . kings of scot●and censured ●nd punished ●y the parlia●ent . kings of scotland of old had no negative voyce . buchan res. scot. l. . coronation oath . parliament● of scotland by law are to decide who should raigne . how royaltie is the first and naturall government . many rulers over a great multitude , more naturall than one . to resist the will , is not to resist the power . pag. . it is no good consequence : christ and the apostles used not violent resistance to spread the gospel , ergo , such resistance is unlawfull . the coronation of the king , in concreto , is more then a ceremonie . men may limit the power that they gave not . arnisaeus de authorit . princi . c. . n. . subiects not more obnoxious to a king then clients , vassals , children . servi indignè ●abiti consugi●ndi ad statuas , & dominum ●●utandi copiam ●abent , l. . de ●is qui sunt sui . item , c. de lat . hered . toll . arnisaeus de authori . princi●um in popul . ● . . n. . subjects in active obedience must subject to a kings lawfull commandement : but in things unlawfull , they are not naturally subject , in passive subjection . whether king vzzah was dethroned . arnisaeus de jure pontif. rom. in regna & princ. c. . n. . bellarm. de paenit . l. . c. . deniall of passive obedience in things unjust not dishonourable to the king , more then deniall of active obedience in these same things . loyall convert , page . the king may not make away a part of his owne dominions . ferdinan . vasquius illustr . quest . l. . c. . n. . juri alieno quisquam nec in minima parte obesse potest . l. id quod nostru . f. de reg . jur . l. jur . natu . cod . titul . l. how subjects are obliged to pay the kings debts . subsidies the kingdoms due rather then the kings . in how many divers notions the seas , forts , castles , militia , road-wayes , are the kings : and how more properly they are the kingdomes . salmasius his buckler, or, a royal apology for king charles the martyr dedicated to charles the second, king of great brittain. bonde, cimelgus. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) salmasius his buckler, or, a royal apology for king charles the martyr dedicated to charles the second, king of great brittain. bonde, cimelgus. [ ], , [ ] p., [ ] leaves of plates : ill. printed for h.b. ..., london : . dedication signed: cimelgus bonde. errata: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - . divine right of kings. great britain -- kings and rulers. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion astraea , redeunt saturnia regna , progenies , caelo demittitur alto . bishops & the co●on pr●●ier booke ●ewarded : sectaries reiected : salmasius his buckler : or , a royal apology for king charles the martyr . dedicated to charles the second , king of great brittain . salus populi , salus regis . london , printed for h.b. and are to be sold in westminster-hall , and at the royal exchange , . the epistle to the reader . there have been so many wolves in sheeps-cloathing , and so many innocents , by the reviling tongues of their enemies , robbing them of their good names as well as of their good estates , made malignants , in this our worse than iron age , that i know not what epithite to give thee ; if thou art an honest man , rara avis in terris , i invoke thee to be my patron ; if thou art not , noli me tangere . but since st. austin , once perhaps as zealous a reprobate as thy self , was converted by looking on the bible by chance , i will not prohibit thee from eating of this fruit : though , i believe , to think that thy view of my book will work the like conversion on thee , is to have a better opinion of thee and the book , than both will deserve : for , though an angel should come from heaven , or a man arise from the dead , yet could he not perswade our hot-headed zealots , but that they did god good service , even when they rebell against his own ordinance , transgress his commandements , murther their father , the king , and pollute their once flourishing mother , the church . before this prodigious off-spring , like vipers , destroyed the mother by their birth ; the jews indeed murthered the lord of life , because they did not know him , and therefore thought it was pleasing to god. but wo be to them , who did not only with ham , see their fathers nakedness , and reproach him , but commit paricide , see his heart , naked , and call the multitude to laugh at it , — en quo discordia cives produxit miseros ? o the miserable effects of seditious men ! who shall now cure the kings evil ? or who shall cure the evil of the people ? o purblind city , how long will you enslave yourselves to ravenous woolves ? who by their often changing of their feigned governments , do but change the thief , and still your store-houses must be the magazine , to furnish them with plunder . you must never look to enjoy your lives , estates , or gods blessing , with the fruition of your wives , and children , before your lawfull king and soveraign charls the ii. unjustly banished by rebells , be restored to his crown and kingdom ; for what comfort can any honest or conscientious man take , in any thing , so long as he seeth his own native prince , like king david , driven from his own natural inheritance , by the unjust force of a multitude of traytors , both to god and their king ? who judas-like , acknowledging his master with a kiss , so they swore with their mouthes , that king charls the i. was their only lawfull king and soveraign , and had the supreme power over them all , and then delivered him to the sword-men , who came out with clubbs and staves against their soveraign , as against a thief : and as the jews did the lord our saviour , whom they did not acknowledge to be their king , otherwise they would not have done it ; these men murthered their dread soveraign , whom they all acknowledged and vowed to be their only king ; excelling the jewes only in wickednesse . therefore , since by the laws of the land , there can be no parliament without the king , what difference is there between a protector , and one of their parliaments , but only number ? for their protectors are but the head thieves , and their parliaments but a headless multitude of thieves : for so long as the royal progenie of charls the i. ( which god long preserve ) remain alive , all other our governours besides them , will be but rebells , traytors , and tyrants , let them call themselves a free state , or by what names they please , & continue until the worlds end . therfore rouze up citizens , and take courage ; how long will you be the common hackney , to be ridden by every one that will stride you ? how long shall your sanctuary be made a stable and den for thieves ? shall your streets blush with the blood of prophets , and with the blood of your cit●zens , and will not you change your colour ? where is the reverend doctor hewyt , that glory of your city ? that glory of all christians , that glory of the whole world ? whose fame shall out-live the sun , and his renown shine longer , and brighter than the moon , or the lesser stars ! caesar the usurper was wont to say , si violandum est jus , regnandi causa esse violandum , that if it is lawfull to forswear one self for any cause , the cause of gaining a kingdom is the most lawfull . but there are those amongst us , who have turned the supposition into a proposition , and confidently by their practice affirm , that it is lawfull to forswear one self for any thing , and most sacred to be forsworn , if by the perjury a kingdom may be gained . but i will not touch the soars which lye raw before every mans eyes , only this will i say , which every one knoweth to be true , that no kingdom in the world was so happy both for peace and plenty , law and religion , and all other good things , as our kingdom of england was , whilest due obedience was lawfully paid to our soveraign lord the king , but now the king being murthered and all goodness with him , no nation under the sun is more miserable , and so it will continue untill king charles the second be restored to his crown . the sword of gods word ought only to fight for religion ; the iron sword of rebels did never establish christian religion , nor ever will set up christs kingdom , especially if it be unsheathed against kings by their subjects . and to satisfie all objections whatsoever against my writing , i answer , si natura negat facit indignatio versum : it was not to shew my self to the world ( for as in tempests , so in our daies , he is best who is seen least abroad , ) but it was to shew and prefer the truth , which hath been laid asleep by the charmes of our sins : for to this end was i born , and for this cause came i into the world , that i should bear witnes to the truth , & every one that is of the truth will hear the voice of the truth ; when i saw the many revolutions & turnings of men , like weathercocks , being presented , almost every day , with new , strange , and various shapes and forms of government , it caused me more diligently to search after the true reason of our changings , which i found to be our sins , and the absence of our king , & also which was the best kind of government , which i found to be monarchy , and that all trayterous tyrants sine titulo , might most lawfully be killed by any privat hand ; but kings only by god. truth often getteth hatred , and it is the doom of serious books to be hooted at , by those who have nothing else to do but to scrible pamphlets : every one judging according to his capacity or affection . and as men , so books are pressed to war ad prelum tanquam ad praelium ; but nulla fides , pietasve viris qui castra sequuntur , there is as little credit as piety to be found in swordmen , and so their calumny will not prejudice me in any wise mans judgement . the good of my country , and the settlement of our distractions is the thing which i aim at , ( let momus carp while his teeth ake ) which settlement will never be untill right overcomes might , and every one be established in his own again ; for what man hath been secure and immutable since the great and wicked change ? sen. quem felicem cynthia vidit , vidit miserum abitura dies . he that shone like the sun in the morning , was clouded like night in the evening ; a protector one hour , and glad to be protected the next . god oftentimes curseth with the same sins which were committed against him . pharoah hardened his heart the first time for his pleasure , god hardened it the next for his destruction . we changed our government once to please our wicked wills : god hath changed it oftner to purge our impious sins . but jam satis terris nivis , atque dirae grandinis mifit pater , & ruben●e dextera sacras jaculatus arces , terruit urbem . terruit gentes . enough of hail and cruel snow , hath jove now showr'd on us below , enough with thundering steeples down , frightned the town . frightned the world. o thou god of order , now hold thy punishing hand , cement our differences , and unite the lines of our discord in the true centre . let charls the d. our augustus , and caesars successor , revenge the bloody murther of caesar . o most worthy augustus , our only lawfull soveraign , be thou a stay to our falling kingdom , patiens vocari caesaris ultor , do thou hasten to be caesars revenger , and then serus in coelum redeas , diuque laetus intersis populo quirini , neve te nostris vitiis iniquum , o●yor aura tollat , hic magnos , potius triumphos , hic ames dici pater , atque prin●eps , neu sinas medos equitare inultos , te duce caesar . return to heaven late we pray , and long with us the britains stay , nor let disdain of our offence , take thee from hence . love here victorious , triumphs rather , love here the name of prince , and father , nor let the rebels scot-free ride , thou being our guide . which is the continual prayer of your graces most humble , true , faithfull and obedient subject , and most dutifull servant , usque ad aras . cimelgus bonde . errata . the times are full of errors , parliaments themselves have erred , therefore pardon the errata of the printer . some letters , nay some words are left out , and wrong ones put in their room : what then ? our nobles , nay our king himself , hath been dis-throned , and wrong ones , the shrubs , their servants , have intruded , and usurped their places : the rump ruled the whole body , the feet got above the shoulders : and untill the head fully enjoyeth its preheminence , and prerogative over the inferiour members , expect no amendments either publick or private . but since our age hath more need of a bit than spurs , adde ( bit ) to the end of the . line , fo . . line . fo . . munera . l. . f. . of , instead of for . l. . fo . . read could such attempts . in the latin verses , read cujus , and fonte , in the two last lines . the contents of this book you may find fo . . , , , , , , , , , , , , , , , , . and since the last in execution , is the first in the intention : i must request the reader to begin with the last part of the book , and end with the first part in his reading : and if he meet with any * sharp and tart laguage , let him remember the persons whom it concerns , whose actions were more base than the most nipping and satyrical pen could rehearse . for what villany so great as for subjects to murther their gracious king ? oh heavens ! could the godly do this ? do this ? yes root up our laws and religion , destroy our church , and murder our prophets , with many thousands of their innocent brethren , and yet be accounted saints too : but from such saints good lord deliver us , who took away the kings and bishops lands , and then voted them papistical , and dangerous to the church and common-wealth . it was naboths vineyard which made him a blasphemour : and jack presbyter would never have made a covenant to extirpate episcopacy as contrary to the power of godliness , had not the bishops had land , and the presbyter much pride , and more of the form , than of the power of godliness in him . but multa cadunt inter calicē supremaque labra , the independents stept between home and him , got the honor of cutting off the kings head , and took to themselves the revenues of both king and bishop : so that now iohn could rellish a king , and the office of a bishop : i like his appetite well , but i pray god he do not spoyl the meat in the chewing it . but renowned general monk hath now cheared us with the hopes of a * free-parliament , which will put a period to our miseries , that is , they will bring in our exiled king , without whom , they will be but a gallimaufrey of confusion , increasing , not diminishing our distractions : for no parliament , without the king. and no doubt but our famous general holds the scripture canonical , and will never dissent from his father solomon , who thus teaeheth and commandeth all of us , my son fear thou the lord and the king , and meddle not with them that are given to change , for their calamity shall rise suddenly , and who knoweth the ruine of them both ? prov. . , . to the author of the royal buckler , or a lecture to traytors . to speak what ev'ry one desires , and in a strain that suits with ev'ry hearer , is no pain ; no trouble to profess the bloody creed of mahomet , among the turks ; no need to be afraid amidst ones friends ; but he that talks of virtue , before villanie ; who can be christian , among the crew of sectaries , and bid defiance to the jew ; he that i' th worst of times dares to be good ; ( like capel ) seals his ligeance with his blood ; can strive against th' impetuous wind , and wave , and all their joynt-conspiracies outbrave ; in spite of fortune resolutely stand to argue with a bloudy , treacherous land ; that man 's a man indeed ; can stoutly cry hosanna , when the throng sayes crucifie . sir , such are you , and such your lines , to whom or to your shrine , posterity shall come laden with laurels : and the little brood of them whose hands were in their prince's bloud ; shall justifie thy book ; and read therein their own misfortunes , and their father's sin : shall read the miracles of providence , and borrow matter for romances thence . thus ( sir ) your pen shall to your self create a monument , beyond the pageant state of breathless oliver ; or those poor * men , that rul'd and dy'd , and rul'd and stunk agen . rebellion for a little moment shines , but seldom with a brave applause declines : 't is only truth , and loyalty can give restoratives , to make a dead man live . t. f. repentance for the murther of charles the martyr . and the restauration of charles the ii. is the only balm to cure englands distractions . 't is true , our nostrils lost their breath ; what then ? ' cause we sinn'd once , shall 's ne're be good agen ? we murther'd charles , for which , infernal kings with worse than aegypt's plagues have scourg'd our sins . the martyrs goodnesse angels cann't rehearse ; the rebels baseness devils cann't expresse : who in their lower house have acted more than belzebub in hell , or th' earth before . and did not charles the son yet shine , i 'de say that , god of nature , and the world decay . but god is god , and satan's fraud we see . charles is our king , and rebels , rebels be . then since we ken a traytor from a saint , let 's be for god , our king , and * bel recant . hee 'l dry our eyes , and cure those wounds which we receiv'd i'●h ' dark , groping for liberty : for liberty , which kept us all in fetters , slaves to the rump , and to the rumps abetters : who freedom and religion up cry'd , when freedom and religion they destroy'd , who killed us with plaisters , and brought hell , for paradice : so eve by th' serpent fell . then if the death o' th' king caus'd all our woe , the life o' th' king had sav'd us , all men know : behold him , in his son , whose splendid light , shall heal the darknesse of his fathers night . 't is madnesse to use candles in the day : what need a parl'ament ? when charles le roy , stands at the door , and to us fain would bring , freedom and laws , instead of rape and sin. the glory of a king is to command , but subjects shame to sit , when he doth stand . god save the king. c. b. never forget reader , that the * presbyters in their almighty , scotified , nullified , solemn league and covenant , with their hands lifted up to the most high god do swear , that they will preserve and defend the kings majesty , his person and authority : and that they have no thoughts or intentions to diminish his majesties just power and greatnesse . yet they do also there swear , that they will extirpate episcopacy , although so to do , is contrary to the kings will , laws , command , safety , greatnesse and authority : as if his majesty had no just power , but what their faction vouchsafed and pleased to think fit . on the late miracvlovs revolvtions in england , &c. three kingdoms , like one ship , a long time lay black tempest-proof upon a troubled sea ; bandy'd from wave to wave , from rock , to sand , a prey to pyrats from a forein land : expos'd to all the injuries of fate , all the reproaches of a bedlam-state : the brave sayles torn , the main-mast cut in sunder , destruction from above , and ruine under . once the base rout of saylors , try'd to steer the giddy vessel , but thence could appear nothing but mad confusion : then came one , he sate at helm , and his dominion frightned the blustring billows for a while , and made their fury counterfeit a smile ; then for a time , the bottom seem'd to play i' th' wonted chanel , and the beaten way , yet floated still . the rabble snatch't again it's mannagement , but all ( alas ) in vain : no anchor fixt , no wished sh●ar appears , no haven after these distracted years . but when the lawfull pilot shall direct our wav'ring course ( and heav'n shall him protect ) the storms shall laugh , the windes rejoyce thereat , and then our ark shall find an ararat . t. f. the history of phaeton , being only a flourish , or praeludium , to the sulsequent more solid discourse ; wherein , implicitly , the temerarious appetite of subjects to their dread soveraigns crown , is refuted and condemned ; the gracious concessions , unparalleled goodness , and fatherly indulgence of our late king , to his over-bold subjects , manifested , and the sad effects of usurpation laid open , with the traytors epitaph . phoebus representing the king , and phaeton the hare-brained people . eloquar ? an sileam ? timor hoc , pudor impedit illud . shall i speak ? or hold my peace ? how shall we sing the lords song in a strange land ? and how shall i hold that which is not to be found ? when rash phaeton , being mounted on the soaring wings of arrogance and presumption , attempted the kingly government of his royal fathers chariot , fit for none , but such powerful , and well-instructed monarch as him●lf . for ovid. lib. . — non est tua tuta voluntas , magna petis phaeton , & quae non viribus istis munera conveniunt , nec tam puerilibus annis . sors tua mortalis , non est mortale quod optas : plus etiam quam quod superis contingere fas est , nescius affectas ; placeat sibi quisque licebit . non tamen ignifero quisquam consistere in axe , me valet excepto . vusti quoque rector olympi , qui fera terribili jaculatur fulmina dextra , non agit hos curros : et quid jove majus habetur ? thy wish is naught , what 's so desir'd by thee , can neither with thy strength , nor youth agree . too great intentions set thy thoughts on fire , thou , mortal , dost no mortal thing desire . through ignorance , affecting more than they dare undertake , who in olympus sway . though each himself approve , except me , none is able to supply my burning throne . not that dread thunderer , who rules above , can drive these wheels : and who more great than jove ? thou seekest after that which humane power neither can , nor ought for to atchieve . thou art ignorant of my power , and too much presuming on thine own ; i am no officer of trust , deputed by the common rout , but hold my jurisdiction from above . it is not for mortals to aspire , and foolishly to covet such sacred things . there i● none but i capable of this dignity . it is i that a● the anointed , and crowned king by caelestial decree , and therefore am not to be dethroned by terrestial innovation . at tu , funesti ne sim tibi muneris auctor . nate cave , dum resque sinit tua corrige vota . then , lest my bounty , which would save , should kill , beware , and whilest thou maist reform thy will. be wise my son in time , and lest thou prove a felo de se , banish from thy thoughts this desperate and fond appetite of thine , to take my princely reigns of government into thine unadvised hands . non honor est ; paenam phaeton pro munere poscis . it is not honour , but disgrace and thy utter ruin , which thou so greedily huntest after . scilicet ut nostro genitum te sanguine credas , pignora certa petis : do pignora certa timendo . et patrio pater esse metu probor : aspice vultus ecce meos : utinamque oculos in pectore posses inserere , & patrias intus deprendere curas : denique quicquid habet dives circumspiee mundus : deque tot , ac tantis caeli , terraeque , marisque posce bonis aliquid , nullam patiere repulsam : deprecor hoc unum , quod vero nomine paena est . a sign thou crav'st , that might confirm thee mine : i , by dehorting , give a certain sign : approv'd a father , by paternal fear : look on my looks , and read my sorrows there . o , would thou could'st descend into my brest and apprehend my vexed souls unrest : and lastly all the wealthy world behold , of all that heav'n enrich , which seas infold , or on the pregnant bosom'd earth remain , ask what thou wilt , and no repulse sustain : to this alone i give a forc'd consent , no honour , but a true-nam'd punishment . dost thou doubt my fatherly indulgence ? or that i will not own thee for my son ? remove that vain scruple from thy deceived minde , my noursing fear of thee is an infallable sign , and an inviolable assurance , that thou art my legitimate son , and i am proved to be thy father , by my fatherly care over thee . but if thy heart be so hard , and thou so void of belief , that thou wilt not believe me , unless thou see my heart , reach hither thy hand , and thrust it into my side , and make way for thy unbelieving eyes , to discover and see those fatherly cares which stick so close to my troubled heart . it is thy good which i only aim at , and thy welfare is the only mark at which i level the shafts of my counsel , and wholesome admonishment . — consiliis , non curribus utere nostris . dumque potes , & solidis etiam nunc sedibus astas , dumque male optatos nondum premis inscius axes , quae tutus spectes sine me dare lumina terris . — while thou mayst , refuse , and not my chariot , but my counsel use . let me the world with usual influence chear : and view that light which is unsafe to bear . make use of my advice , and not of my chariot , and that in time too whilest thou standest on sure ground , lest at length thou art driven to a non putabam , i had not thought , the sanctuary of fools , and so become an ideot by a too late confession , for post est occasio calva , an after game is never good . let not thy jealous heart surmise that these publick admonitions spring from any private ends , or self interest of mine . behold my kingdome , and make choice of what rarity or delight it affordeth . ask whatsoever thine eye fancyeth , or thy soul taketh pleasure in , and thou shalt suffer no denyal . the glorious structures , the fertile fields , the rich meadows , and the fat pastures , the fishes of the sea , and the fowls of the air , the fruits of the vineyards , and the immense woods , shall all call thee master , nay i will clip the wings of my prerogative , to feather thy nest withall : confiteor hoc solum tibi nate negarem , i profess son only the government of my chariot would i keep from thee , which i deny thee for no other reason , than because it will be thy destruction . if the horses thou drivest do not destroy thee ; yet every kingdome in the world will disapprove thy actions , and account thy attempt fatal to them ; therefore aswell for thy own safety , as the security and pleasure of all kingdoms , desist from thy indiscreet resolution , and let me still , whose only right it is , and therefore only can , rule my chariot . finge datos currus , quid ages ? poterisve rotatis obvius ire polis , ne te citus auferat axis ? forsitan & lucos illic , urbesque deorum concipias animo , delubraque ditia donis esse , per insidias iter est , formasque ferarum . nec tibi quadrupedes animosos ignibus illis , quos in pectore habent , quos ore , & naribus efflant , in promptu regere est , vix me patiuntur , ubiacres incaluere animi , cervixque repugnat habenis . my chariot had , can thy frail strength ascend the obvious poles , & with their force contend ? no groves , no cities fraught with gods expect : no marble fanes , with wealthy offerings deckt . through salvage shapes , & dangers lyes thy way . nor easy is't those fiery steeds to tame , who from their mouths and nostrills vomit flame . they heated hardly of my rule admit ; but head-strong struggle with the hated . suppose thy request granted thee , and thou got up into my chariot , what wouldst thou do ? dost thou think it will carry thee to heaven ? or , that thou shalt always reign secure there ? dost thou imagine it an easy thing to rule ? or , that the change of government will bring no danger ? let not thy purblind policy so abominably delude thee . labor est inhibere volantes , scarce i , even i who am their known and lawful soveraign , can hardly restrain the unbridled fierceness of the quadrupedes ; but when they perceive they have not their right and wonted driver , they will cast thee off and break thy neck with the down-fall . they are apt to rebel against me , but they will account rebellion and treason most just and lawfull against thee . — ergo tu sapientius opta . nulla fides regni . therefore wish more discreetly , for immortality is not to be found in a kingdome . this was the answer of monarchical phoebus , to the temerarious request of his phanatick son phaeton . — dictis tamen ille repugnat , propositumque premit , flagratque cupidine currus . in vain dehorted , he his promise claim'd , with glory of so great a charge inflam'd . but so much stupidity had captivated the senses of this prodigal son , that he rejected his fathers counsel , and flew from it , as if every word had been a two-edged sword , designed for his executioner . such is the misery of the reprobate and jealous souls , that if an angel should come from heaven , or a man arise from the dead , yet would not they be reclaimed from their wicked errors . these sweet waters of admonition were all spilt upon the ground , and could not quench the flagrant heat , of phaetons blind zeal , for the government of his fathers chariot . therefore when royal phoebus saw that his fatherly advice could take no impression , nor by any means prevail , but that his son was willfully bent upon his own ruin , & that he had caught him by a stratagem into such a straight , that he could not repel his madness by force , ne dubita dabitur ( stygias juravimus undas ) quodcunque que optares , he delivereth up his chariot unto him , and such was his tender care , and unparallelled goodness , that at that very time ( notwithstanding the contumacy of his rebellious son , who should have obeyed his father , in respect of his duty , aswell as for his own good ) did not all-seeing phoebus leave giving of him counsel . but that his son might prosper even in his disobedience , ( qualis amor patris , o how great is the love of parents ! ) he directed him what course he was best to take , and how he should perform his usurped authority . si potes his saltem monitis parere parentis : parce puer stimulis , & fortius utere loris . sponte sua properant . let not thy father still advise in vain , son , spare the whip , and strongly use the reign . they of their own accord will run too fast , t is hard to moderate a flying haste . this being done , he implores the gods that his sons faults might be forgiven ( for he knew that it was his ignorance that made him so audacious , and that at last , though too late , he would repent it ) royal phoebus likewise prayed , that fortune would be more charitable to his hare-brained son , than he was to himself . and so with this farewell ascended up into heaven . inter utrumque tene : fortunae caetera mando , quae juvet & melius quam tu tibi consulat opto , — in medio tutissimus ibis . between these drive , the rest i leave to fate : who better prove , than thou , to thy own state . a lofty course , will heaven with fire infest , a lowly , earth , the safer mean is best . mourning succeedeth rejoycing , many a sunshiny morning , proveth a wet day . the bee carryeth hony in her mouth , but a sting in her tail ; and those things which seem glorious at the first approach , do many times prove fatal in the end . horace . quid quisque vitet , nunquam homini satis cautum est , in horas . navita bosphorum paenus perhorrescit , neque ultra caeca timet aliunde fata . miles sagittas , & celerem fugam parthi : catenas parthus , & italum robur : sed improvisa lethi vis rapuit , rapietque gentes . no man knows truely what to shun . the punick seaman fears to run upon some shelf , but doth not dread another fate over his head . the souldier , shafts , and parthian sight . the parthian , chains , and roman might . but death had , and still will have , a thousand backwayes to the grave . no sooner had this unhappy lad obtained his pleasing wish , and took the princely reigns of his fathers chariot , into his youthfull hands , but that he was made sensible of his unadvised temerity . sed leve pondus erat , nec quod cognoscere possent solis equi , solitaque jugum gravitate carebat . quod simul ac sensere , ruunt , tutumque relinquunt quadrijugi spatium , nec quo prius ordine currunt : ipse pavet , nec qua commissas flectat habenas nec scit , quà sit iter , nec si sciat , imperet illis . but phoebus horses could not feel the fraight : the chariot wanted the accustom'd waight . which when they found , the beaten path they shun , and straggling out of all subjection run . he knows not how to turn , nor knows the way , or had he known , yet would not they obey . when the horses perceived that their royal master was gone , and that the government wanted that regal dignity and weighty majesty , which was wont to awe them , they did what , and run which way they pleased , all of them thinking that as they had more power , so they had as much right to be governours , as the raw statesman , who was newly mounted on the kingly chariot . which made young phaeton that he could not tell how to rule , neither could they tell how to obey . so that that which even now was the object of his desire , and greatest cause of his admiration , is now become the greatest cause of his misery . now his fathers instructions like the waters of tantalus seem sweet , but not to be tasted by his palate ; his preferment is now his greatest torment , and by how much the higher he is exalted , so much the greater is his punishment . vt vero terras despexit ab aethere summo infoelix phaeton penitus penitusque jacentes palluit , & subito genua intremuere timore , suntque oculis tenebrae per tantum lumen abortae , et jam mallet equos nunquam tetigisse paternos , jam cognosse genus , piget & valuisse rogando . jam meropis dici cupiens , ita fertur , ut acta praecipiti pinus boreâ , cui cuncta remisit frena suus rector , quam diis , votisque reliquit . but , when from top of all the arched skye unhappy phaeton the earth did eye , pale sudden fear un-nerves his quaking thighes ; and in so great a light , be-nights his eyes ; he wisht those steeds unknown ; unknown his birth ; his suites ungranted ; now he covets earth . now scorns not to be held of merops blood ; rapt as a ship upon the high-wrought flood , by salvage tempests chac'd , which in dispair the pilot leaveth to the gods and prayer . now he doth not only wish that he had never usurped his fathers government , but that he had never known his father . he now wisheth that the king had his own again , which he through foolishness had deprived him of . he wisheth that he had still been a subject to his royal fathers desires , & it repents him of his ill-got honour . for why ? he seeth the chariot , wanting its lawfull soveraign , tossed about , like a ship with tempests , and with the rough waves in the ocean , whose pilot hath left it , and there is no means but prayers to the gods to save it . the horses rage , every one ruling , and furiously drawing which way he pleaseth : and so through the multitude of lawless governours , the whole government is like to fall to the ground , and bring destruction to all . quidque agat ignarus stupet , & nec fraena remittit , nec retinere valet , nec nomina novit equorum . expatiuntur equi , nulloque inhibente per auras ignotae regionis eunt , quaque impetus egit , hac sine lege ruunt . through ignorance , he cannot hold the reigns , nor let them go , nor knows his horses names . who like the winds , or tempests , furiously , with uncontrouled error scour the skye , through unknown airy regions ; and tread the way which their disordered fury led . amazement struck him dumb , and what to do ●he is altogether ignorant . he wanteth the courage , years , and wisdome of his father , to curb the unbridled lust of the fiery steeds , and the chariot wanted its wonted ballance ; he cannot go back , neither knoweth he how to go forward . he is gone so far that he cannot resign up the government to the king , neither knoweth he how to keep it himself ; he now findeth that it is better to be a poor subject , than a rich usurper . the horses being lawless , run whither their violence doth whirry them , and he not being their rightfull owner , hath no law to guide them . ( o the deplorable condition of that government , where the true soveraign is an exul : ) not only phaeton , but the whole world had like to have been consumed by this disaster . dissilit omne solum : penetratque in tartara rimis lumen , & infernum terret cum conjuge regem : et mare contrahitur , siccaeque est campus arenae , quod modo pontus erat : quoque altum texerat aequor existunt montes , & sparsas cycladas augent . earth cracks , to hell the hated light descends , and frighted pluto , with his queen offends ; the ocean shrinks , and leaves a field of sand , where new discover'd rocks , and mountains stand . the earth groaned , and the news of this usurpation was carried down to hell ; which the devills had no sooner heard , but pluto himself , his wife , and all the rest tremble through fear . for pluto thought that those who had dethroned phoebus , might likewise be wicked enough to dethrone him , wrest the government of his kingdom out of his hands , and take it into their own . but this was not all , the sea was dryed up , and the fields were scorcht , the harvests were burnt , and the mountains perished with heat , the moon was amazed , and the clouds shone like comets . parva tamen queror , magnae pereunt cum maenib● urbes , cumque suis totas populis incendia gentes in cinerem vertunt . but this was nothing : cities with their towrs , realms with their people , funeral fire devours . all the kingdoms in the world did shake , and all the kings doubted of their regal title , they feared that themselves should be destroyed , and their crowns with their lives pulled to the ground . and doubtless had not divine providence stopped this wild-fire , more kingdoms than were , had been demolished . for this fire did intend to make kings and the common people all in one condition ; neither was the king to have any praerogative above his subjects , but all had like to have been consumed in one and the same sire . great cities with their walls , and whole nations with their people were turned into ashes . — circumspice utrinque , fumat uterque polus , quos si violaverit ignis atria vestra ruent . — behold , the poles above at either end do fume : and should they burn , thy habitation would to ruine turn . o almighty , this usurpation would have taken away thy power . for the kings which thou did'st set to rule over the people , had well nigh been all consumed . and thy anointed which thou hast prohibited any thing to touch , were by this unwieldy and unlawfull government almost destroyed . the flames begun to lick the heavens , and both poles did take fire , so that all things were hastening into their antient chaos . alma tamen tellus , ut erat circundata ponto , inter aquas pelagi , contractosque undique fontes , qui se condiderant in opacae viscera matris , sustulit omniferos collo tenus arida vultus , opposuitque manum fronti , magnoque tremore omnia concutiens paulum subsedit , & infra quam solet esse fuit : sacraque ita voce profatur . si plaoet hoc , meruique , quid o tua fulmina cessant summe deum ? liceat periturae viribus ignis ? igne perire tuo clademque autore levare . yet foodfull tellus with the ocean bound , amidst the seas , and fountains now unfound , ( self hid within the womb where they were bred ) neck-high advanceth her all-bearing head , ( her parched fore-head shadow'd with her hand ) and shaking , shook what ever on her stand , wherewith a little shrunk into her brest ; her sacred tongue her sorrows thus exprest . if such thy will , and i deserve the same , thou chief of gods , why sleeps thy vengefull flame ? be 't by thy fire , if i in fire must fry ? the author lessens the calamity . at length , our mother earth being a fellow sufferer in this hot persecution , lifteth up her parched head out of the waters , gathered together for her defence , and holding her hands as a fan before her face , thus powreth forth her dolefull grief , o god of gods ! if this be thy pleasure , and my deserts , why sleep thy thunderbolts ? if i must perish by fire , let thy fire be my executioner . and so credit my death ; thee , o jove , being the author . dixerat haec tellus , neque enim tolerare vaporem vlterius potuit , nec dicere plura suumque retulit os in se . this said , her voyce her parched tongue forsooke , no longer could she smothering vapours brooke , but down into herself with drew her head near to th' infernal caverns of the dead . when shee had done prayers , she shrunk in her venerable head , for heat would not permit her to use complements . which oration no sooner came to great jupiters ear , but he presently sends relief . at pater omnipotens superos testatus & ipsum qui dederat currus , consiliumque vocat , tenuit mora nulla vocatos . the almighty calleth a parliament , summons ●n both lords and commons to the counsel ; for ●lthough none can deny but that the omnipotent hath an absolute power , without the consent of ●he inferiour gods , his subjects , both to abrogate ●ld , and institute new laws ; yet such is his royal indulgence , that he will do neither without their consent ; yet search the catalogue of antiquity , and you will never finde a president that his lords or commons did ever dispute his authority , much less assume his power , and pluck the regal diadem from off their soveraigns head . it is his goodness which makes them capable of a consent , his statutes are binding without it . but to return , jupiter determins the death of phaeton , and dasheth him out of the chariot with a violent thunderbolt , and re-establisheth royal phoebus in his throne . intonat , & dextra libratum fulmen ab aure misit in aurigam , pariterque animaque rotisque exuit , & saevis compescuit ignibus ignes . et phaeton rutilos flamma populante capillos volvitur in praeceps . he thunders , and with hands that cannot erre hurls lightning at the audatious charioter , him strook he from his seat , breath from his brest , both at one blow , and flames with flames supprest . and soul-less phaeton with blazing hair , shot headlong through a long descent of air . now have you seen both the ascention of phaeto● into the chariot , and his descention out of it . m● prayers shall be , that i may never rise so high t● fall so low . but the greatest tyants in the world , have oftentimes the greatest pompe of the world at their funeral , to compleat their earthly happiness . therefore reader take his epitaph , and consider whether it is not better to live a faithfull subject , then dye a bold adventurous traytor . hic situs est phaeton , currus auriga paterni quem si non tenuit , magnis tamen excidit ausis . here lies phaeton , who though he could not guide , his fathers steeds , in high attempts he dyed . the entrance of the author , who complaining of the times ; wherein the good are ejected , and the wicked kill and take possession , sheweth that those who unjustly , against law , are driven out of their own country , are not banished ; but that those who are unjust , acting against right , and deserve banishment by law , are banisht , though they continue upon their native soil . with an antidote out of venerable petrack , for all , aswell kings as other men , who are illegally expelled from their country . thus ended phaeton , and consequently the history with him : from whose ruins i will take my exordium . and exemplo monstrante viam , imitating my mother earth in her persecution , shal● first lift up my head and hands , to the god o● gods , and begin with a short ejaculation , though in king davids words , yet the same in effect with hers : summe deum ! liceat periturae viribus ignis ? igne perire tuc , clademque autore levare . be 't by thy fire , if i in fire must fry ? the author lessens the calamity . let me fall into the hands of the lord ( for very great are his mercies ) but let me not fall into the hands of man. o happy david ! o happy prayer ! o happy success ! he prayed that if he must perish by the sword , that he might perish by the sword of the lord , viz. the pestilence , and doubtless the pestilence is a harmless dove , if compared to the raging violence of lawless man. for who can without horror think what cruel torments and hideous tortures , bloudy tyrants have invented for the punishment of poor innocents . i will not stain my paper with their names , being so well known and so ill practised . audax omnia perpeti gens humana ruit per vetitum nefas . nothing comes amiss to them . take a view of the preceding ages , and you shall finde some caines , some bad , in the best of times , no garden without some weeds , no roses without some thorns , and no field without some tares ; but take a glimpse of our age , and without the help of spectacles , you may see , our scarlet sins swiming upon the red sea of martyrs blood in every street . the whole field is grown over with briers and thistles , and all are become abominable , there is none that doth good , no not one . vir bonus & sapiens , ( qualem vix reperit unum , millibus e cunctis hominum consultus apollo . ) if diogenes had the sun to be his candle , and the eyes of the whole world to be his lanthern , he could not finde amongst us the man he lookt for , so many ages since . all such are become exuls , though not exleges . and since we meet with an exul in the way , let us salute him by his proper name ; and first describe what he is not , and then what , and who he is . ovidius . omne solum forti patria est , ut piscibus aequor , et volucri vacuo quicquid in orbe patet . though many good and prudent men , by the fierce tyranny of others are forced from their native soil , and hunted from place to place , like the panting hart , by the multitude of raging hounds , yet will they not own the name of exuls , but travellers : esteeming it the part of a pusillanimous spirit , not to make every part of the world their country , and account the whole world as one city . such was camillus , and marcellus , and many other antients , whom time and paper would fail me here to catalogue . but i need not rip up antiquity , for such examples , enough , and one too many doth our iron age afford . but as little birds , though hatched in as little nests , make all the earth their habitations , so wise and valiant men account the whole world , as their private dwelling . fools are banisht in their own country , wise men are in their own country though banisht , and by their travels obtain such learning , as if their banishment had been their vniversity : so much for what an exul is not . let cicero ( who best could ) tell you what and who he is , and least you should mistrust that i belye him . for , — fugiere pudor , verumque fidesque , in quorum suliere locum ; fraudesque dolique ; insidiaeque & vis & amor sceleratus habendi , — shame , truth , and faith depart , fraud enters ignorant in no bad art , force , treason , and the love of wicked gain is the motto of our times , the father cannot believe his son , nor the son his father , he is wisest that can forge the most beneficial lies , and lies are become the ammunition of our age . therefore hear him in his own dialect . omnes scelerati & impii , quos leges exilio affici volunt , exules sunt , etiamsi solum non mutant ; all wicked and impious persons , which deserve banishment by law , are exuls , though they continue upon their native country : sure i am they are exleges ; but since there are many in the world that are driven from their own native soil , whose virtue will not suffer them to esteem it a banishment ; but rather a tryal to exercize their fortitude : yet , confident i am , as an unfaigned lover , whose mistress hath abandoned him from her presence , whereby he contemneth her , because shee contemneth him , yet if once shee open her pleasant arms to receive him , forgetting all her former injuries , he presently imbraceth her ; and is capable of no greater joy : so they who are so exiled would willingly return if their hard-hearted country would once receive them , for , nescio qua natale solum dulcedine cunctos ducit , & immemores non sinit esse sui . home is home , though it be never so homely . therefore let all those who labour with this disease of banishment , apply themselves to reverend petrack , de exilio , where they may finde an antidote , let their malady be of what nature soever . and since the physitian is so learned , his physick so good , and the disease so obvious , behold the physitian and his patient arguing together ; assuming the names of dolor and ratio , and first the physitian . ratio . terra patris domus est nostri communis , & inqua sedibus a patriis exulat omnis homo . dolor . exilio pellor injusto r. quid tu igitur justo pelli malles exilio ? nempe quod ad injuriae cumulum ais , in diversum trahitur ; habes enim injusti exilii solatium comitem justitiam , quae injustos cives destituens , te sequuta tecum exulat . d. injusto exilio pulsus sum . r. an te rex expulit ? an tyrannus ? an populus ? an hostis ? an tu ipse ? nam si rex ; aut injustum exilium non erit , aut ipse non justus : at que ita nec rex quidem . si tyrannus , ab illo te pulsum gaude ; sub quo boni existant , fures imperant . si populus , moribus ille suis utitur ; bonos odit , & hic quoque multiceps tyrannus nunquam sui similem pepulisset . non te igitur patria , sed malorum caetibus arceri , neque in exilium , sed in partem bonorum civium cogi putes . at si hostis , agnosce injuriae levitatem ; non hostiliter saeviit , qui omnia cum possit , patriam abstulit , spem reliquit . sui tu ipse , mores populi peresus ; aut tyranni abitum elegisti , non modo te doleas , sed etiam gloriare , virtutem patriae praetulisse ; non tu flebilem , sed honestam , & prorsus invidiosam , bonis atque optabilem , non jam exilii , sed absentiae causam habes , sponte pythagoras samon liquit ; athaenas solon ; romam scipio . d. depellor & patria . r. pulsum te pessimi● , optimis insere , neque te patria , sed patriam te indignam rebus proba . sentiat illa , quid perdidit . tu nihil perdidisse sentias : mali cives tui odio , simulque praesentis odio ac suspitione careant : boni autem amore absentis ac desiderio teneantur , sequanturque oculis , atque animis abeuntem , illi se solos linqui doleant . d. mittor in exilium . r. immo in experimentum tui videris , quem te in exilio praebeas ; si succumbis , exul verus ; si consistis , exilio clarus , ut multi olim , qui invicti & fulgidi per asperitates incesserunt , ut sequentibus rectum iter ostenderent . sine tyrannos saevire , sine populum furere , sine hostes , ac fortunam fremere . pelli potes , capi , caedi , perimi , vinci autem , nisi manum extuleris , non potes , neque ornamentis tuis spoliari , cum quibus quocunque ieris , & civis , & patriae principum unus eris . sorrow . i am unjustly driven into banishment . reason . what hadst thou rather than be justly banished ? for as touching the heap of injuries whereof thou speakest , it is taken in the contrary part , and now thou hast justice to be thy companion , which shall be a comfort unto thee in thy unjust banishment , which forsaking thy unjust countrymen , hath chosen rather to follow thee into exile . sorrow . i am banished unjustly . reason . hath the king banished thee ? or a tyrant ? or the people ? or an enemy ? or thou thy self ? if the king , either thy banishment is not unjust ; or he himself is not just , and so by consequence no king. if a tyrant , rejoyce that thou ar● banished by him , under whom good men are exiled , and theeves are set in authority . if the people , they use their old manner , they hate the virtuous , among whom if this many-headed tyrant had found any like themselves , they would never have banished him : think not therefore that thou art expulsed thy country , but removed from the fellowship of wicked persons , and that thou art not driven into exile , but received into the country of good citizens . if an enemy , acknowledge the lightness of the injury , for he hath not dealt extreamly with thee : he that could take from a man all that he hath , and hath taken but his country , hath left him hope . but if thou thy self , the cause is , that falling into misliking of the people , or tyrant , thou hast chosen to depart , not only because thou wouldest not be sorry ; but also vaunt thy self for preferring the honour of thy country . so that now thou hast not a miserable , but an honest cause , not of exile , but of absence , hateful to the wicked , and grateful to the virtuous . pythagoras voluntarily forsook samos , and solon athens , and lycurgus lacedemon , and scipio rome . sorrow . i am driven from my country . reason . being driven away of the worst , insinuate thy self into the company of the best sort , and make it evident by good proofs , that thy country was unworthy of thee , and not thou of thy country . let it perceive what it hath lost , and know thou how that thou hast lost nothing : let the evil citizens want the wearisomness , and also the hatred and suspition of thy presence , and let the good persecute thine absence with love and desire , and with their eyes , and minds , follow after thy departure ; let them be sorry for that thou hast forsaken them . sorrow . i am sent into exile . reason . nay rather to try thy self . beware how thou behave thy self in thy exile ; if thou faint , then art thou a very banished wight , if thou stand stoutly , thy banishment will ennoble thee , as it hath done many other before thee , who passed invincibly & honourably through difficulties , to the end they might shew the right way to them that came after . let tyrants rage , let the people chafe , let thine enemies and fortune fret and fume : thou maist be driven away , taken , beaten , slain ; but thou canst not be overcome , unless thou yield up thine hands , nor yet be despoiled of thine ornaments ; by means whereof , whithersoever thou goest thou shalt be a citizen , and one of the princes of thy country . the certain incertainty of fortune , who crowns coblers , and beheads kings : advice to the prosperous , to beware insolency , and to take heed lest they fall . comfort to the miserable , to keep them from despair , with several remedies to cure the maladies of a troubled minde , being physick for both , fortunes good , or bad . having sheltered the banished , from the tempests of a forraign exile , let us arme him against the changeling fortune . constant only in inconstancy , according to mellifluous ovid. passi●us ambiguis fortuna volubilis errat et manet in nullo certa tenaxque loco : sed modo lecta manet , vultus modo sumit acerbos : et tantum constans in levitate sua est . she wandereth about the earth , making all men tenants at will of their possessions , and as a whirlwind bloweth up dust on heaps & then scattereth it about : so she puffeth riches to a man , & then puffeth both man & riches away together . quem dies vidit veniens superbum , hunc dies vidit fugiens jacentem . whom the rising sun saw as glorious as himself in the morning , the setting sun often seeth as low as himself in the evening ; therefore let not them glory in their prosperity , who raign in the palace of fortune , triumph over their enemies , and have success to crown their actions , whether they be just , or unjust . nempe dat & quodcunque libet , fortuna , rapitque irus , & est subito , qui modo craesus erat . fortune dealeth with men as a wheele with its spoaks , turneth those lowest which even now were highest ; she throweth down kings , and setteth up beggars , he who even now was but a servile cobler , is by and by metamorphosed , and translated , into his soveraign master — ex humili magna ad fastigia rerum extollit , quoties voluit fortuna jocari . it is her sport to promote fools , to lift the peasant from the plough to the throne , to set the frogg upon the washing block , and elevate him to the highest point of honour , that she may break his neck down again . tolluntur in altum ut lapsu graviore ruunt . they are lifted up for no other cause , but that their fall might be the greater ; therefore my advice is to all those ( if advice may have the honour to look upon them ) who have their hearts desire in all things , and want nothing of this world to make themselves compleatly happy , to remember in the midst of their prosperity king craesus ( if they will vouchsafe to let a king come into their thoughts ) who when he was esteemed the most happy of all mortals , both for riches and peace , was admonished by solon , neminem ante cineres beatum dicendum , quod quoad vivimus , periculum sit , ne instabilis hujus mundi foelicitas dolore aliquo contaminetur . that no man before death could be said to be happy , because whilest we live , it is a chance , but that the foelicity of this unstable world , will be blotted out with the black pen of misery ; which sentence of sclons , the calamity of croesus did afterwards declare most true ; for he being conquered by cyrus , and chained to the stake to be burned , remembring the wholesome saying of his friend solon , did cry out solon , solon , solon ; at which cyrus much wondering , asked him which of the gods or men he did invoke , and what was his meaning , cyrus being informed of the whole matter , and put in minde of humane vicissitudes , delivered craesus from the flame , and ever afterwards had him in great esteem , fearing lest the like calamity might fall upon himself ; so when sesostris king of egypt being drunk with good fortune , and lifted too high with his great successes against his enemies , caused four kings taken prisoners to draw his triumphal chariot ; wherein one of them looked back with smiles to the wheel of the chariot , and being demanded his reason for it , answered , that he smiled to see the spoak of the wheel , now at the top to be presently at the bottome , and again , that which is now at the bottome , to be by and by at the top . which when the king heard , considering the mutability of all earthly things , his haughty spirit was not a little mollfiied . these relations i thought good here to insert , that the mighty and dreadful men of the world , who have got the power of the sword into their own hands , taking cyrus for their example ( whose example will be no disgrace for them to follow , though he was a king , for he was likewise a valiant souldier ) might not exercise tyranny over their vanquished enemies , especially over their own fellow subjects . cain purchased little honour by the murder of his brother abel . though the heathens appeared as glorious as the sun at their triumphs after the conquest of a forraign enemy , yet mourning was their habit instead of triumph , after a victory obtained in a civil war : when two noble men were convicted for affecting and aspiring to the empire of titus vespasianus , he proceeded no farther against them , than to admonish them to desist , and give over ; saying , that soveraign power was the gift of destiny , and divine providence ; if they were petitioners for any thing else , he promised to give it unto them . for melius est servare unum quam occidere mille , it is better to save one , then to kill a thousand , is a saying worthy to be written in letters of gold , but more worthy to be put in practise . o blessed conqueror , that is thus qualifyed ! o blessed prisoner that hath such a victor ! having pruned the fortunate , let us now stoop to the miserable , whom fortune hath cast to the lowest stair of affliction , nemo desperet meliora lapsus prohibet clotho stare fortunam ; vicissitude o● fortune is sufficient argument , to keep the unfortunate from despair ; for though the highest spoak of the wheel be turned lowest , yet it doth not tarry there , but presently returneth to its former heighth , non semper imbres nubibus hispidos manant in agros . though it rain one day , the sun may shine again the next . no storm without a calm , nor no winter without a summer . post tempestatem tranquillitas ; the north-wind which bloweth cold , may quickly turn into a warmer corner . weeping may indure for a night , but joy cometh in the morning , psalm . vers . . but if the brevity of time , will not give ease unto thy malady , declare thy grief ; a disease well known is half cured . what art thou robbed of all that thou hast ? consider what thou broughtest into the world , and thou hast lost nothing , this thou hast got , the means to wean thee from things below , and if thou wilt to set thy mind on things above . art opprest with sickness ? the sickness of thy body may prove the welfare of thy soul , thou learnest to pitty others , and knowest that thy earthly cottage is not invincible . doth poverty knock at thy door ? let her in , shee will teach thee to be humble , keep thee from envy , and lock thee up secure ; it is better meekly to entertain her , then proudly to oppose her . art born a bondman ? there is no bondage like that to sin , cast of that and thou art free , it is better to be born a bondman , and dye free from sin , than to be born a freeman , and dye a bondslave to satan . is thy fare thine ? thou hast avoided two sins , gluttony , & incontinency . thou hast wydened the way to virtue , though streightened the passage to thy belly ; hunger nourisheth arts , and a full belly is the ensign of an empty head bonae mētis soror est paupertas . art thou poor and over-burdened with children ? children are riches , then how canst thou be poor , amongst so many jewels ? acknowledge thy blessing and give thanks , and he that feedeth the fishes of the sea , the fouls of the air , and apparelleth the flowers of the field , will both feed , and cloath thy children ; it was harder to raise them to thee , than to provide food for them . art thou rich and childness ? he that created thee , can create thee children . sarah had a son in her old age . in the mean time , make thy self the child of god , and thou art better than if thou hadst many children . hast thou lost thy mony ? thou hast exchanged fears , and cares , for quietness and carelesness , liberty is better then golden chains , thou hast but paid fortune that which she lent thee , for omnia tua tecum portas , thou canst not truly be called master of that , whereof fortune is mistress . art thou become a surety ? thou art near a shrewd turn , henceforth give away all that thou hast , rather than thy liberty ; in the mean time , let thy hand discharge that which thy mouth hath set on thy score ; it is no charity to pluck a thorn out of another mans foot , to put it in thine own . hath nature made thee deformed ? let the deformity of thy body , put thee in minde of the deformity of thy soul ; depart from sin , and adorn thy soul with virtues , as for thy body it is the work of gods hands . beauty is at best but a fadeing vanity , profitable to none , hurtful to many , and perhaps might have been thy destruction . pulchrius est pulchrum fieri quam nasci . si mihi difficilis formam natura negavit , jugenio formae damna rependo mea . hast thou lost thy time ? thou hast lost an invaluable pearl , which cannot be re-called , nor superseded by riches , or honor . but it is never too late to repent , lose time no more , and thou hast made amends . hast thou lost thy betrothed mistress ? he that loseth his wife is delivered of many cares , but he that loseth his spouse , is preserved : both of these are good , but the last is the best . therefore grieve not too much , lest thou lose thy self . hast thou buried thy wife ? thou hast buried her on earth , who first buried thee in the grave of sin , in paradise ; couldest thou be rid of sin , as thou art rid of her , thou hadst cause to rejoyce : and had shee not brought thee a saviour , thou hadst had cause to repent , that ever thou sawest her . hath infamy blasted thy name ? if it be deserved , lament not the infamy , but the cause of the infamy : but if it be undeserved , contemn the errours of men with a valiant courage , and comfort thy self with the testimony of a good conscience , it is better to be innocent and slandered , than nocent and applauded . hast thou many enemies ? if they profess it openly , thou art armed , if they keep it secretly , thou liest open to danger ; be thou a friend to justice , and god will be so much a friend to thee , as to deliver thee publickly from thy private enemy ; none are so pernitious enemies as flattering friends . hast thou lost an occasion to revenge ? thou hast let fall a snake out of thy hands , take heed thou take it not up again . o happy loss whereby thou hast saved thy soul ; vengeance belongeth unto god , forgiveness unto thee , if thou intendest to be forgiven . from this lost occasion , take occasion never to have such an occasion of revenge to lose . hath thy friend forsaken thee ? better he forsake thee , than thee him ; for then thou hadst been guilty of his fault . the loss of his friendship , perhaps may make thee seek after gods friendship , which if thou finde thou hast made a good exchange . do thy people hate thee their soveraign ? this beast is prompt to injury , and slow to duty . the commons love is light , and their hatred heavy . there is nothing more forcible than the multitude of fools ; whereas publique fury pricketh forth the rage of every private person , and the rage of every private person kindleth the publique frantickness , and one of them enforceth another : beware , there is nothing more dangerous than to fall into their hands , whose will standeth for law , and headlong outrage for discretion . art thou contemned ? inferiours contemn their superiours , thinking , by casting dirt upon them , they beautify themselves , and some men have no other way to patch up their own credits than by picking holes in the credit of others ; if it be justly , thou hast cause , i confess , to be sorry , notwithstanding thou must endure it ; but if unjustly , thou mayst laugh at it . for there is nothing more ridiculous , nor that hapneth more commonly , than for a wise man to be contemned of mad men . dost thou complain that promisses made unto thee , are late in performance ? words are cheaper than deeds ; hence learn punctually to perform thy promisses to others ; nothing more debaseth a gift than an hard graunt , and a slow performance ; bis dat qui cito dat . art thou subject to a tyrant ? thou fearest one , he fears many ; god suffereth him like pharaoh to scourge thee for thy instruction , but for his perdition , when he hath done he will burn the rod. iniqua nunquam regna perpetuo manent . hast thou an unruly proud scholar ? pride is an enemy to learning . whip out his arrogance , o● else for wit there will be no entrance ; if thou art not able to remove his pride from him , remove him from thee ; hale in thy sayles and go to shore . thou nourishest up a serpent , and tillest a venemous plant , yea thy utter enemy . dost thou suffer an hard father ? a hard father maketh a soft and gentle son , correction is thy profit , and chiding is thy gain ; remember that he is thy father , and thou art his son ; it is his duty to chastise thee , and thy duty to obey him ; he that spareth the rod spilleth the child . hast thou a rebellious son ? if thou wast the cause , thank thy self . if thou wast his pattern , consider what thy father suffered by thee . amend him if thou canst , if not , love him , because he is thy son ; if not for that cause , then for that he is a man ; if thou canst not love him , pitty him ; as severity belongeth to a father , even so doth compassion . hast thou a malapert wife ? thou hast an evil thing . chastise her , if chastisement will avail , but if it be in vain , arm thy self with patience , and endeavour to love her ; there is nothing more comfortable than to do that willingly , to which one is constrained , levius fit patientia quicquid corrigi est nefas . hath thy dying mother forsaken thee ? she hath not forsaken thee , but is gone before thee , thou hast yet another mother , who will not forsake thee , if thou wouldest , from the first thou canst , and unto the second shalt thou return , the first gave thee house roomth , the space of a few months , the other shall give thee lodging the space of many years ; the one of these gave thee thy body , the other shall take it away ; but as from the first , so from the second shalt thou arise . dost thou weep for the death of thy son ? if thou wouldest have wept at his death , thou shoulst also have wept at his birth , for then he began to dye , but now he hath done . thou knewest thou shouldest get a mortal son , and dost thou now repent it ? he stept before thee , happy wert thou if thou hadst stept before him . is thy friend dead ? bury him in thy remembrance , and so shall he live with thee for ever ; o happy friendship , which continued untill the end . hadst thou lost him by any other means , than by death , then hadst thou not lost a friend , but a false opinion of friendship . dost thou mourn because thou didst narrowly escape shipwrack ? rejoyce rather that thou didst escape , and hereafter , since thou art an earthly creature , learn to keep the earth , and rather to affect heaven , than the sea ; though thou dost suffer shipwrack both of thy body and goods in thy voyage to heaven , yet if thy sould do safely arrive , thou shalt have no cause to mourn . did thy harvest miss , and thy land lye barren one year ? let the barrenness of thy land , put thee in minde , of the barrenness of thy soul ; if thou sowest but one seed , and reapest not ten fold for it , thou mournest ; god soweth much and reapeth nothing , what shall he do ? it is the plenty of thy fins , which causeth the barrenness of thy land . dost thou dwell in a narrow little house ? great princes have been born in small cottages , thy heavenly soul dwelleth in a little house of clay ; think upon the narrowness of thy grave , and thy house will seem very large . art thou shut up in an unworthy prison ? death will set thee free , and we are all prisoners till then· better is an unworthy prison , than unworthy liberty , and happier is the innocent prisoner , than the corrupt judge , who put him there . dost thou fear thou shalt lose the victory ? thou art half conquered already ; fear is always an evil guest of the minde , but a much more worse companion in warr ; there is no greater incouragement to an army , than a fearful enemy . hast thou lost a tyranny ? o happy loss ! o happy people ! where tyrants are dismounted , and thrones lawfully established . prosperity enters when tyranny hath it's exit . it is a burden to the commonwealth , most grievous , to the tyrants dangerous , to no good man profitable , hurtful to many , odious unto all men , and comfortable only in it's brevity , for violenta nemo imperia continuit diu . have thy subjects betrayd thee ? not subjects but rebels . they have undone themselves by doing thee out of thy kingdom . they have betrayed thee , but cast away themselves ; pricked thee , but they are wounded , and in spoiling thee have slain themselves . for perchance thou hast lost thy kingdome or thy wealth , but they have lost their souls , their fame , the quietness of conscience , and the company of all good men . the sun shineth not upon a more wicked thing than is a traytor , whose filthyness is such , that they which need his craft , abhorre the craftesman , and others , which would be notorious in other sins , shunne the shame of this impiety . providence bestoweth her blessings with blinde hands ; prosperity doth not alwayes joyn hands with goodness , neither is adversity a true sign of illegality ; good kings may perish whilest wicked rebels flourish . david was forced by ungodly traytors , to flee from his country ; therefore our king may be a man after gods own heart , yet wrongfully driven from his own . having given the unfortunate , an antidote , let us apply this cordial , that goodness is not an unseparable incident to prosperity , success is no invincible argument that the cause is good . goodness and greatness are not alwayes companions . though foxes have holes , and birds of the air have nests , yet our saviour the king of kings had not where to lay his head . king david , though a man after gods own heart , was not without his troubles , but had many infoelicities . though the subtile foxes with their deceitful wiles , banish our king from his sacra patrimonia , his sacred patrimony , ( for so the possessions of kings are called ) and make him wander up and down like a pelican in the wilderness ; yet this is but like jobs afflictions , to make him the more glorious ; the top which is most scourged spinneth the better , and the blustering windes make the tree take the deeper root ; the camomile the more it is trodden on the better it groweth , and the palm depressed riseth the higher : so the afflictions of our soveraign shall extol his renown the higher , and like a ball thrown against the ground , shall rebound , and fly with more lofty majesty ; for why ? his goodness doth increase by his misery , and his royal virtue , like grass after a shower , shall florish more gloriously : god let daniel be thrown into the den , to encrease his honour , and chasteneth the children which he loveth , onely for their good . what though cross gales drive us from our intended haven ? and our hearts fail of all our desired injoyments , so that blinde fortune only striveth to make us miserable , in prohibiting us from all our pleasing wishes ? yet is this no argument , that we are sinfull , or that our desires are prophane . what though a man be born blinde , and so continue from his birth to his death ? yet neither may this man have sinned , nor his parents ; but that the ( john ) works of god might be made manifest . can any one have the impudence to say that the king is wicked , and that his cause is naught , because the multitude of reprobates prevail , and through the mightiness of their villanies subdue all that is good ? so may they argue that the jews were saints , when they murthered our saviour , and that the devil was an holy angel , when he spoiled job . no , god correcteth the pious , that he may preserve them , and permitteth the designs of the wicked to coach them to their own destructions . he letteth rebels dethrone their soveraign , and pull the earthly crown from off his head , that he may crown him in heaven with everlasting glory . the meanness of the case doth not diminish the lustre of the jewel , and christ was a king though in the manger . seneca in hyppolito . — res humanas ordine nullo fortuna regit , spargitque manu numera caeca , pejora fovens . fortune doth not alwayes signally attest the design of such a party , or the justnes of such an action to be righteous , by permitting it to prosper , and taper up into the world ; the sun shines upon the bad aswell as the good , and the rain makes their corn to grow oftentimes more plentiful than the righteous mens , which makes the wicked glory in their actions , and scorn all those as atheists , who will not canonize them for saints . honesta , quaedam scelera successus facit . if success doth but attend their enterprises , let them be never so impiously wicked , all the logick and rhetorick in the world cannot perswade them , but that they are most sacred and righteous ; such is their profound ignorance , and blind zeal , that if the devil put it into their hearts to murder their lawful king and soveraign , and likewise assist them to effect it , they think they do god good service , and punish all those with an egyptian slavery , who will not be of their opinion , although expresly against god his commandments , viz. fear god , honour the king , pet. . . they make god to be even altogether such a one as they are , in crying , that it is gods cause , even , when they commit the greatest sacriledge , persperum ac faelix scelus virtus vocatur , a mischief neatly effected , is one of their chiefest virtues . this indeed made king david to stagger , nay his steps had wellnigh slipt , when he saw the prosperity of the wicked , when he considered , that they were not in trouble as other men , nor plagued like other men , their eyes stand out with fatness , they have more than heart could wish . this made him cry out , verily , i have cleansed my heart in vain , and washed my hands in innocence ; but when he went into the sanctuary of god , then understood he their end ; for , surely thou didst set them in slipery places , thou castedst them down in destruction : how are they brought into desolation , as in a moment ? they are utterly consumed with terrors , as a dream when one awaketh : so o lord , when thou awakest , thou shalt despise their image , was his next vote . prov. . . they would none of my counsell , they despised all my reproof ; therefore shall they eat of the fruit of their own way , and be filled with their own devices , for the turning away of the simple shall slay them , and the prosperity of fools shall destroy them . thus you see that prosperity is sometimes a curse , and no blessing . to those beasts we intend to kill , we commonly allow the best pasture ; and surely those men are better acquainted with mahomets alchoran , than our saviours gospel , who will not be convinced , but that temporal happiness is the true index of divine favour . god scattereth his outward blessings upon the wicked aswell as on the good , because if virtue and religion should only appropriate riches , more men would become virtuous and religious for the love of mony and wealth , than out of any love they did bear either to virtue , or religion . maro . o fortuna potens , quam variabilis , tantum juris atrox quae tibi vindicas , evertisque bonos , erigis improbos ? nec servare potes muneribus fidem . fortua immeritos auget honoribus . fortuna innocuos cladibus afficit . justos illa viros pauperie gravat . indignos eadem divitiis beat . haec aufert juvenes , & retinet senes , injusto arbitrio tempora dividens quod dignis adimit , transit ad impios , nec discrimen habet rectaque judicat , inconstans , fragilis , perfida lubrica : nec quos deseruit perpetuo premit . therefore let not those despair whom blind fortune hath kicked into any mishap , nor measure the justness of their actions by the quantity of success ; though the voyce of the world censure it , for it is not the event which makes it good or bad . — careat successibus opto quisquis ab eventu facta notanda putat . the authors resolution , and reason to write , the wickedness of the times ; wherein men will have no king , unless they may be kings themselves , nor no bishops , only because they are not bishops . tyrants , and traytors , reign by force , kings by the love of the people . the definition of a commonwealths-man , with all his properties , and the deceitfulness of a parliament , be it long or short . englands degeneration , and the death of the laws and religion , with an incitation to solemnize the funeral . now it is time to resolve the quaere couchant in the prologue , eloquar an sileam ; timor hoc , pudor impedit illud ; whether i should speak or be silent . when i consider the perills of the times , wherein no man can speak his own conscience without offending those , who will give him blows for words , then timor hoc . but , jam tua res agitur paries cum proximus ardet , when i see my neighbour his house on fire , and my own next to it , when all men are asleep in sin , and none to awake them , then pudor impedit illud . for , non mihi si centum linguae sint oraque centum , omnia culparum percurrere nomina possum , if i had a thousand tongues , and so many mouths , i could not vilify our iron age according to its deserts ; me thinks , as if souls according to phythagoras his opinion , descented from one man to another , i see those ancient tyrants , or their black souls in worser images , acting their bloudy parts upon the stage of the world , and sounding out their hellish edicts . here is caius caesar caligula with his detestable motto in his mouth , oderint dum metuant , let them hate me so they fear me : he forced parents to be present at the execution of their own children , and after he had well drunk and eaten , took pleasure to cast his friends into the sea , from on high from a bridge , which he built . he wished that his people had but one neck , that he might chop them off at a blow , vox carnifice quam imperatore dignior ? a speech fitter for an hangman , than an emperour ; when a prisoner being fearfull of the cruel torments , with which the emperour would murder him , had taken poyson to prevent him , what sayes he , antidotum adversus caesarem ? is there any antidote against caesar ? how many poor innocents being condemned to dreadful deaths , by the tyrants of our age have poysened themselves , to prevent their undesetved punishments ? and when his grand-mother antonia seemed to give him some admonition ; memento , ait , omnia mihi in omnes licere . i would have you to know , saith he , that i can do any thing , a true character of a tyrant , for what will not hee do ? but doubtless the love of the people is the best guard for a king , magnum satellitium amor. and that which ones natural lawfull soveraign would most look after . for , ●num est regi inexpugnabile munimentum , amor civium . it is not fear , and force , nor troops of dragoons , and red-coats that are the surest holds for governours ; but the benevolence , hearts , and love of their subjects . caesar , dando , sublevando , ignoscendo gloriam adeptus est . rulers have no greater enemy , than the fear and envy of the people . for , quem metuunt oderunt : quem quisque odit periisse expedit . whom we fear , we hate , and whom we hate , we study and desire his death . but behold , aulus vitellius , bonus odor hostis , melior civis occisi . an enemy slain hath a very good smell , but a cittizen far better : o black abominable tragical and tyrannical speech ! and did not our age swarm with such horse-leaches , we should never suck the blood one of another , so as we do : but that you may hate the very name of tyrants , and abhor their actions ; hearken a little to flavius vespasianus and his councel , how impiously they consulted , and first vespasian , lucri bonus odor ex re qualibet , it is gain which makes the smell so good for a slain citizen or enemy ; no actions so hellish , if it produce profit , but that it is a virtue to attempt it , and the reason is , omnis in ferro salus , because all our hope and health is in the sword : for whilest we have that in our hands , what law or religion dares oppose us ? no disputant like the sword . exeat aula qui volet esse pius : virtus & summa potestas non coeunt : semper metuunt quem save pudebunt . let him depart from our courts and counsel , who is so simple that he must nee● be pious , godliness is a great hinderance to o● profession , and he is a coward who is ashamed to act wickedly , sibi bonus aliis malus , saith an other , he is a fool , who thinks that any one can lose so he gets ; let us be good to our selves , and all is well . there be some simple innocents , who cry , melius mori , quam sibi vivere , it is better to dye , than to live only for our selves : but if such be their doctrine , let them get for others , for us if they please , and starve themselves . let us carve for ourselves , proximus ipse mihi , charity begins at home , and he is an ass that carrieth a burden for another . others there be of the same stamp , and both alike simple , who say , dulce est pro patria mori , it is sweet to dye for ones country ; let such good natured fools tast of that sweetness , and dye for their country ; our lives are sweet , and not so to be fooled away ; it is sweet for our country to dye for us . but pestis reipublicae literae , saith another of the counsel ; we shall never carry on our affairs handsomely , so long as we have so many lawyers , and gospel men amongst us , the highest step to our promotion , will be to lay them on their backs , and i think the nearest way to dispel the cloud of black coats , will be to throw down their universites , and take their tithes and lands away from then ; as for the lawyers perhaps we may bribe them , but if not , i am sure , they will rather turn than burn ; to what we cannot perswade them with our tongues , we will compel them to with our swords . for law , learning and religion , are as so many plagues and poysons t● commonwealth . and qui nescit dissimulare nescit imperare , he that cannot dissemble shall be no commonwealths-man ; for to tell you the truth , dissimulation , cogging , and lying , is the foundation of our government ; and if the foundation be taken away , every one knows the superstructure cannot stand ; therefore to deal plainly with the world , let us cover our worst actions with the best pretences , and ravish the people with the pleasing and specious names of liberty and religion , when we intend the extirpation of both ; let us imitate tereus , who so neatly dissembled piety , that when he acted most against it , the people did saint him , — ipso sceleris molimine tereus creditur esse pius ; and doubtless he was no mean cowmonwealths-man . let us hold a fair correspondence with all religions , but be sure to lead the van in the most prevalent ; it matters not whether it be true or false , let them look to that , who intend to obtain eternal advantages of it , we look no further than to enjoy the temporal . a bird in the hand is worth two in the bush . it is the greatest obstacle to generous actions , not to personate that religion , which will serve ones purpose best , be it canonical or apocrypha ; and doubtless that religion , which brings the greatest profit and largest incomes , is the most sacred , and most consonant to scripture . but why should i blur my paper with the description of this deceitfull parliament , the theory whereof , is become practical almost in every city ? let us therefore lament at the funeral of our laws and religion , and throw one sprig of rosemary into the grave , where all our rights & libertyes are buried . that son giveth cause of suspition of his legitimation , who will not mourn at his mothers death : and surely he was never a true born son of the church , or law , that will not shed a tear when they are both fell to ruin . some ( though very few ) good eleazors amongst us , have lost their heads and lives , for our laws and religion ; and although i am not worthy to dye a martyr for them — — haud equidem tali me dignor honore , yet whilst i live it living tears shall fall from mine eyes , for them . for — q●is talia fan do mrmidonum , dolopumve , aut duri miles vlyssis , temperet a lacrymis ? who ? what puritan , independent , anabaptist , presbyterian , quaker , &c. or red-coat as bad , though not worse than any of them , can restrain his adamantine heart from grief , and his eyes from tears , when he considers the deplorable conditions , which they have brought upon our kingdom ? who ( as it now plainly appeareth ) had no other quarrel against king , than because they were not kings themselves ; nor no other reason against episcopacy , than because each of them was not a bishop . they could never yet produce any argument sufficient , unless the sword , to prove that king , or bishop was not jure divino . and now behold what the sword hath brought them unto . i remember cadmus sowed the teeth of a serpent , which sprung up armed men , who presently destroyed one the other ; i will not determine that the seed of these men came from a serpent , but sure i am they cannot deny themselves , but that they destroy each the other , like cadmus his men . they kick the government of our kingdom about , from one to the other , like a foot ball ; and it will be marvail , if some of them do not break their shins , a swell as their consciences , before the game is ended . they make the government proteus-like to turn into what shape they please , a true common-wealth indeed , being common to so many rivalls . and as the unruly quadrupedes whirried about the chariot , ( phoebus their lawfull soveraign being absent ) untill they had set the whole world on fire ; so it is to be doubted , that these headstrong bears , having cast away the rains of true obedience , will not leave to wurry us , untill they have brought us to utter ruine ? o england , england . hei mihi ! qualis erat ! quantum mutatus ab illo ! how is thy fame besmeared ! and thy honour laid in the dust ! once the envy of the whole world for the glory of thy laws , and religion , now become a by-word , and a laughing-stock to all nations . venit summa dies , & ineluctabile tempus . the sentence is already past , and the decree is gone forth , and nothing can avert the wrath of an angry deity . tantaene animis caelestibus irae ? can the almighty be so passionate ? we want a moses , and we want an aaron , to intercede and make an attonement for us , we want a jonah to preach repentance , and we want the hearts of nineveh to entertain it . we have done worse than to touch the lords annointed , and have killed his prophets , all the day long . we have not reverenced his sanctuary , but have made it a den of theeves , and stable for beasts , not altogether so bad as our selves . o god why hast thou cast us off for ever ? why doth thine anger smoak against the sheep of thy pasture ? o deliver not the soul of thy turtle dove unto the multitude of the wicked ; forget not the congregation of thy poor for ever . — fuimus tr●es , fuit ilium , & ingens gloria toucrorum . remember thy old mercy , and remember our former estate ; for though now , like people , like priest , the prophets lye , and the people would have it so ; yet like bethlehem , we have not heretofore been the least amongst the princes of the world. we have had those who have thought it , melius tondere qaam deglubere oves , better to trimm us , than to flea us , and melius servare unum quam occidere mille , better to preserve one than kill a thousand ; who have been tardus ad vindictam , ad benevolentiam velox , slow to do evill and revenge , but swift to do good and reconcile ; loving pax bello potior , peace better than war , and esteeming it pro patria mori pulchrum , honourable to dye for their country . which they have done , and all law , religion , justice , and equity with them : cum uno paricidio junxerunt juris divini , naturalis , juris gentium , omnium legum publicarum privatarumque eversionem , reipublicae perturbationem , libertatis populi oppressionem , senatus abolitionem , nobilitatis exterminationem , innocentium damnationem , peculatum , & aerarii publici direptionem , solennis conventionis infractionem , perfidiam , jurisjurandi violationem , statuum omnium confusionem , immo subversionem . tempora mutantur , & nos mutamur in illis . sal. therefore let no man be offended if i attend the funeral , and say something on the behalf of the deceased ; it is a christian duty , and none will account it superstition to give an encomium at burialls where it is due , unless those who account it superstition to deserve well themselves . de mortuis nil nisi bonum , we must say nothing but good of the dead . therefore behold the monument in these insuing political aphorisms . the monument of the laws , or regal and political aphorisms ; whereby the prerogative of the king , and the just liberties of the people are set forth , and authorized by the law of god , and the law of the land. kings are jure divino , by divine right , to be obeyed , and not by violent force of subjects to be resisted , although they act wickedly , prov. . . by me kings raign . dan. . . he removeth kings , and setteth up kings . prov. . . a divine sentence is in the lips of the king. prov. . . the kings heart is in the hand of the lord. job . . is it fit to say to a king thou art wicked ? and to princes , ye are ungodly ? prov. . . fear thou the lord and the king , and meddle not with them that are given to change . eccl. . . i counsel thee to keep the kings commandment . exod. . . thou shalt not speak evil of thy prince , nor detract the magistrate . pet. . . fear god , honour the king. prov. . . a king against whom there is no rising up . eccles . . . curse not the king , no not in thy thought . sam. . . the lord forbid that i should do this thing unto my master , the lords anointed , to stretch forth mine hand against him , seeing he is the anointed of the lord. from which premisses none unless those who deny the scripture , can deny these consequences . that the jura regalia of kings , are holden of heaven , and cannot for any cause escheat to their subjects . that active obedience is to be yielded to the king as supreme , in omnibus licitis , in all things lawfull . but if god for the punishment of a nation , should set up a tyrannical king , secundum voluntatem pravam non rationem rectam regentem , governing by his depraved will against reason , and commanding things contrary to the word of god , we must not by force of arms rebel against him ; but rather than so , ( if not prevailing by petition unto him , or escaping by flight from him ) patiently submit to the losse of our lives and estates , and in that case , arma nostra sunt preces nostrae , nec possimus , nec debemus aliter resistere , our prayers and tears should fight , and not our swords : for who can lift up his hands against the lords anointed , and be guiltless ? this in scripture we find practised by gods people to pharaoh : exo. . . and the same people , to nebuchadnezzar , a tyrant , were commanded to perform obedience , and to pray for him , though there was no wickednesse almost which he was not guilty of . his successor darius , daniel obeyed , and said , o king live for ever . dan. . . for now no private person hath with ehud , judg. . . extraordinary commandment from god to kill princes , nor no personal warrant from god , as all such persons had who attempted any thing against the life even of tyrants . nil sine prudenti fecit ratione vetustas . . the king hath his title to the crown , and to his kingly office and power , not by way of trust from the people , but by inherent bigthright , immediately from god , nature and the law , reg. ja. ca. . li. . calvins ca●e . . the law of royal government , is a law fundamental , pars jnst . fo . . . the kings prerogative , and the subjects liberty are determined , and bounded by the law. bracton , fo . . plowden , fo . , . . by law no subjects can call their king in question , to answer for his actions , be they good or bad . bracton , fo . , . si autem ab eo petatur ( cum breve non currat contra ipsum ) locus erit supplicationi , quod factum suum corrigat , & emendet , quod quidem si non fecerit , satis sufficit ei ad poenam , quòd dominum expectet ultorem . nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire . if any one hath cause of action against the king ( because there is no writ runneth against him ) his only remedy is by supplication and petition to the king , that he would vouchsafe to correct and amend that which he hath done , which if he refuse to do , only god is to revenge and punish him , which is punishment enough . no man ought to presume to dispute the kings actions , much lesse to rebel against him . . the king is the only supreme governour , hath no peer ● his land , and all other persons have their power from him . ed. . . bracton , li. . cap. . sunt eti●m sub rege liberi homines & servi ejus potestati subjecti , & omnis quidem sub eo , & ipse sub nullo , nisi tantum sub deo. parem autem non habit in regno suo , quia sic amitterit praeceptum , cum par in parem non habeat imperium . item nec multo fortius superiorem nec potentiorem habere debet , quia sic esset inferior sibi subjectis & inferiores pares esse non possunt potentioribus . ipse autem rex , non debet esse sub homine , sed sub deo & sub lege , quia lex facit regem . the king hath no superior but the almighty god. all his people are inferior to him , he inferior to none but god. . the king is caput reipublicae , the head of the commonwealth immediately under god. jnst . . . h. . . finch , . and therefore carrying gods stamp and mark among men , and being as one may say , a god upon earth , as god is a king in heaven , hath a shadow of the excellencies that are in god , in a similitudinary sort given him , ( bracton , fo . . cum sit dei vicarius , evidenter apparet ad similitudinem jesu christi , cujus vices gerit in terris ) that is to say . divine perfection . . infinitenesse . . majesty . . soveraignty and power . perpetuity . . justice . . truth . . omniscience . . divine perfection . in the king no imperfect thing can be thought . no laches , folly , negligence , infamy , stain or corruption of blood can be adjudged in him . . h. . . so that nullum tempus occurrit regi . . infiniteness . the king in a manner is every where , and present in all courts . and therefore it is that he cannot be non-sute , and that all acts of parliament that concern the king are general ; and the court must take notice without pleading them , for he is in all , and all have their part in him . fitz. n. b. . h. . h. . br : tit . non-sute . . . majesty . the king cannot take nor part from any thing , but by matter of record , and that is in respect of his majesty : unless it be a chattle or the like ; because , de minimis non curat , lex . . ed. . . e. . . h. . . . soveraignty and power . all the land is holden of the king. no action lyeth against him ; for who can command the king ? he may compel his subjects to go out of the realm to war. hath absolute power over all ; for by a clause of non-obstante , he may dispense with a statute law , and that if he recite the statute ; though the statute say , such dispensation shall be meerly void . e. . . . h. . . h. . . calvins case . bracton . rex habet potestatem & jurisdictionem super omnes qui in regno suo sunt , ea quae sunt jurisdictionis , & pacis ad nullum pertinent nisi ad regiam dignitatem , habet etiam coercionem , ut delinquentes puniat & coerceat . and therefore ought to have the militia . . perpetuity . the king hath a perpetual succession , and never dyeth ; for in law it is called the demise of the king , and there is no inter-regnum . a gift to the king goeth to his successors , though not named . for he is a corporation of himself , and hath two capacities , ( to wit ) a natural body , in which he may inherit to any of his ancestors , or purchase lands to him , and the heirs of his body , which he shall retain , although he be afterwards removed from his royal estate ; and a body politick , in which he may purchase to him and his heirs kings of england , or to him and his successors . yet both bodies make but one indivisible body . plowden . . . li. . . . justice . the king can do no wrong ; therefore cannot be a disseisor . he is all justice , veritas & justitia , saith bracton , circa solium ejus . they are the two supporters that do uphold his crown . he is medicus regni , pater patriae , sponsus regni qui per annulum , is espoused to his realm at his coronation ; he is gods lieutenant , and is not able to do an unjust thing . ed. . . ed. . . potentia injuriae est impotentia naturae . his ministers may offend , and therefore are to be punished if the laws are violated ; but not he . . truth . the king shall never be estopped , judgement finall in a writ of right shall not conclude him . e. . . e. . fitz. droit . . . omniscience . when the king licenceth expresly to aliente an abbot , &c. which is in mortmain , he needs not make any non obstante of the statutes of mortmain ; for it is apparent to be granted in mortmain , and the king is the head of the law , and therefore shall not be intended misconusant of the law. for , praesumitur rex habere omnia jura in scrinio pectoris sui . jnst . . and therefore ought to have a negative voice in parliament . for he is the fountain of justice from whence the law floweth . . the opinion of the two spencers , in ed. . who held that the oath of allegiance was more , by reason of the kings crown , ( that is his politick capacity ) than by reason of his person , is a most detestable , excreable , damnable and damned invention , rep. fo . . calvins case . . high treason can be committed against none , but the king , neither is any thing high treason , but what is declared so to be by the statute . ed. . c. . to leavy war against the king , to compass or imagine his death , or the death of his queen , or of his eldest son , to counterfeit his money , or his great seal , to imprison the king untill he agree to certain demands , to leavy war to alter religion , or the law , to remove counsellours by arms , or the king from his counsellours , be they evil or good , by arms , to seize the kings forts , ports , magazine of war , to depose the king , or to adhere to any state within or without the kingdome , but the kings majesty , is high treason . for which the offendor should have judgement . first , to be drawn to the gallows . . there to be hanged by the neck , and cut down alive . . his intralls to be taken out of his belly , and he being alive to be burnt before him . . that his head should be cut off . . that his body should be cut in four parts . and . that his head and his quarters should be put where the lord the king pleaseth . . treason doth ever produce fatal destruction to the offender , either in body or soul , sometimes in both , and he never attains to his desired end . par. jnst . pag. . peruse over all books , records and histories , and you shall finde a principle in law , a rule in reason , and a tryal in experience , that treason doth ever produce fatal and final destruction to the offender , and never attains to the desired end , ( two incidents inseparable thereunto ) and therefore let all men abandon it , as the poysonons bait of the devil , and follow the precept in holy scripture , serve god , honour the king , and have no company with the seditions . . that kings have been deposed by their subjects , is no argument or ground that we may depose ours , a facto ad jus non valet argumentum . because children have murdered their own fathers , is no warrant for us to murder ours . judas betrayed his soveraign , yet should not we follow his example , unless we strive for his reward . there was never king deposed but in tumultuous and mad times , and by might , not by right . . the king is principium , caput , & finis parliamenti , the begining , head , and end of a parliament . the body makes not the head , nor that which is posterior , that which is prior , kings were before parliaments . there were not in england any formed bodyes called the two houses of parliament , untill above . years after the norman conquest . . the king of england is armed with diverse counsels , one whereof is called commune consilium , the common counsel , and that is the court of parliament , and so it is legally called in writs and judicial proceedings , commune consilium regni angliae , consilium non est praeceptum , consiliarii non sunt praeceptores . it is not the office or duty of a counseller , to command and make precepts ; but only to advise . . the king is the fountain of justice , and the life of the law. the two houses frame the body , the king giveth the soul , for without him it is but a dead carcase . and — si componere magnis parva mihi fas est , if i may compare small things with great , as in a bond , though one find paper and another write it , yet if the obligor do not seal and deliver it , it is nugatory and no obligation : so if the king assent not to an act of the two houses , it is void and no statute , it is the royal scepter which gives it the force of a law. witnesse the whole academy of the law , & perspicua vera no● sunt probanda . it would be foolish to light the sun with candles . . originally the king did make new laws , and abrogate old , without the ass●nt of any known body , o● assembly of his subjects . but afterwards by his gracious goodnesse perceiving that his people could best know their own soars , and so consequently apply the most convenient remedy , he vouchsafed so much to restrain his power , that he would no make any law concerning them , without their assent . for at the first , populus nullis legibus tenebatu sed arbitria regum pro legibus erant . which truth i● so clear , that it shines almost in every history . the oldest and best stile of an act of parliament is , be it enacted by the kings majesty , with the assent of the lords , spiritual and temporal , and the commons &c. which proves where the virtual power is . . the commons have no authority but by the writ of summons . that writ gives them no power to make new lawes , but onely to do and consent to such things , which shall happen to be ordained by common counsel there in parliament , which are the words of the writ , and all their jurisdiction . at a conference the commons are alwayes uncovered , and stand bare , when the lords sit with their hats on ; which shews that they are not colleagues in judgement with the lords . every member of the house of commons takes the oath of allegiance and supremacy before his admission in the house , and should keep it too . . it is lex & consuetudo parliamenti ; the law and custome of a parliament , that no arms are to be borne in london or westminster , in the time of parliament , lest the proceedings in that high court , pro bono publico should thereby be hindred or disturbed . for it is more congruous for red-coats with their pikes , muskets , swords , and other ammunition to keep a den of theeves , than to keep the members of so honourable a court. jnst . . jnst . . . when an act of parliament is against common right or reason ( as that debtors should not pay their debts , &c. ) or repugnant or impossible to be performed , the common law shall controle it , and adjudge it to be voyd ; and such is an act for a perpetual parliament , or to kill the king , dier . . li. . . doctor bonhams case . . the premisses being rightly and duely considered , if any person be so impudent , insolent and arrogant , as to deny the king his negative voyce in parliament , they may aswell deny him his life , and take upon them to frame a new law and commonwealth to themselves . shall the commons have a negative voyce , who are most of them tradesmen , and not educated in the law , but in mechanick handy-crafts ? and shall not the king have this priviledge , who is assisted by the advice of the judges , his counsel at law , sollicitor , atturney , masters of chancery and counsel of state , consisting of some great prelates , and other great personages versed in state affairs ? . the parliament is actually dissolved by the demise of the king. for the individuum carolus rex , being gone from whence they derived their power , consequently their authority is gone likewise . for cessante statu primitivo c●ssat & derivativus . and derivativa potestas non potest esse major primitivo . the division of governments ; monarchy is the most natural and divine ; the king hath no equal in his kingdome ; soveraignty can not be divided be●ween the king and the people ; neither can the people , either jointly , or singlely have the supreme power where the government is monarchical . the tenets of our new statesmen , yet old knaves , confuted as damnable . parliaments have no power but from the king , neither did ever any parliament , unless our late rebels , ever claim any power but what came from the king , but all parliaments ever since they had their being , by the very statutes which the king made with their consent , have acknowledged the supreme power to be in the king , and have sworn it with sacred oaths ; so did that parli●m●nt which murthered their king : swear that the only supreme power and soveraignty was in the king , next to god , and that there was no power on earth above his ; which being true , i would fain know what power they had , not only to remove their king from his evil counsellers , ( which they did in removing him from themselves ) but also from the land of the living , quos deus , sed , &c. having dissolved the parliament , and set foot on the ground of the politician , let us travel a little further , and take a survey of the main triangle upon which the art of government consists , viz. . monarchy , aristocracy , . democracy , or popular estate , which degenerate into . tyranny , . oligarchy , . ochlocracy , or commonwealth . and first of monarchy , for a principalioribus seu dignioribus est inchoandum , the most excellent must have precedency . monarchy , which we may call a kingdome , is where the absolute soveraignty lyeth in the power of one only prince , ( for so much the word monarchy of it self importeth ) who ruleth either according to the rule of law and equity , or contrary . which form of government doth as far transcend and excel all others , as the glorious sun , doth the pale-f●ced moon , or the moon the lesser stars . it is the embleme of the almighty : for behold the blessed trinity , where there are three persons , but one god. there is an arch-angel ; the angels adore but one lord and soveraign . take a view of the heavenly orb , where you shall see the caelestial creatures , give place to the kingly sun , the moon ruleth queen regent amongst the stars ; behold the eagle the king of the birds of the air ; the lyon the king of the beasts , on the earth ; and the whale the king of fishes , in the sea ; fire hath the majestick preheminence above the other elements ; among granes , the wheat ; among drinks , the wine ; among spices , the baulm ; among metals , the gold . the devills themselves will not be so disorderly as not to have a king ; for satan is their prince and chiefest leader . the members of the natural body are subjects to the head their soveraign , and the same congruity and harmony is there in the politique body of monarchy . and such is the stately preheminence of this government , that the monarch can admit of no peer in his kingdome , no more than the sun can of an other sun in the firmament . si duo soles velint ess● , periculum ne incendio omnia perdantur . serinus . if two be equal in power in a commonwealth , it is aristocracy , or rather duarchy , and not monarchy . for one of them hath not soveraignty over the other ; for , par in parem non habet potestatem , & he only is a soveraign who commandeth all others , and can him●elf by none be commanded . then no less foolish than wicked and detestable is their opinion , who confess their government to be monarchical , yet would have duo summa imperia , and hold that the universe of the people are of equal , if not higher power than their monarch , and may call him in question for his actions , and prosecute him even unto death , if they please ; who make their dreadfull soveraign , a jack a l●nt , a minister of trust at the best , to be turned out of his office at their pleasure , when god and all the world knows , that by the law of god ( as i shewed before , and shall more fully shew hereafter ) the law of nations , the law of nature , and the law of england , both common and statute , they ought not to touch him , though in truth he were so wicked as they would have and pretend him to be ; no , they ought not so much as to think an evil thought of him . quod summum est vnum est . soveraignty is a thing indivisible , and cannot at one and the same time be divided between the king and his subjects ; if the soveraignty be in the people , then is the government either popular or aristocratical , and not monarchical . to mix the estate of a monarchy with democratical , or aristocratical estate , each having a share of the soveraignty , is altogether impossible . for if every one of the three estate , or but two of them hath power to make laws , who should be the subjects to obey them , or who could give the law ? being himself constramed to receive of them unto whom he himself gave it . then might the king make the acting of his people against him treason , and the people make the acting of their king against them treason , which would bring all to anarchical confusion . and although our age had produced such a monster as to take upon them a power to depose , and powr out the sacred blood of their lawfull soveraign ; yet is there no such power , in rerum natura , it is the off-pring of the devil , the cloak , sanctuary , and refuge of treason , rebellion , and tyranny , to blinde the people , taking advantage of their ignorance , and lead them hood-winckt , into everlasting destruction , unless the god of mercy prevent not . with this new upstart doctrine , have our apochryphal dogmatists in england , led the rascal rabble of the people about , like a dog in a string , buzzing in their ears that the monarchy of england is composed of three kinds of commonwealths , and that the parliament hath the form of an aristocracy ; the three estates of a democracy ; and the king to represent the state of a monarchy ; which is an opinion not only false , absurd , fond , foolish and impossible , but also worthy of the most severe punishment . for it is high treason to make the subject equal with the king , in authority , and power , or to joyn them as companions in the soveraignty . for the power of a soveraign prince , is nothing diminished by his parliament , but rather much more thereby manifested ; the majesty of a prince , consists in the obedience of his subjects , and where is the obedience of the subjects more manifested then in his parliament , where the lords and commons , the nobility and comminalty , and all his subjects from the highest cedar , to the lowest shrub , with bended knees , and bare heads , do cast down themselves at his feet , and do homage , and reverence unto his majesty , humbly offering unto him their requests , which he at his pleasure receiveth , or admiteth ? so that it plainly appeareth , that if the parliament be not extravagant , and leap over the bounds limited by the laws of god , and our realm of england , the majesty and authority of our soveraign is not decreased by the assembly of parliament , but rather augmented and increased . for the peers cannot assume . aristocracy , nor the commons democracy , without violation of their oaths , with which they are tyed in obedience to their soveraign , as well as with the laws . indeed our prince doth distribute places of command , magistracy , and preferments to all his subjects indifferently , and so the government is in a manner tempered with democracy . but yet notwithstanding the state doth continue a pure and simple monarchy , because all authority floweth and is derived from the king , and the soveraignty doth still continue in him , as the fountain from whence those streams of power run , and the parliament is so far from sharing in this soveraignty , that the whole current of our acts of parliament acknowledge the king to be the only soveraign , stiling him our soveraign lord the king. and the parliament , h. . saith , this your graces realm , recognizing no superior under god , but your grace , &c. and the parliament rich. . . affirmeth the crown of england , to have been so free at all times , that it hath been in no earthly subjection , but immediately to god , in all things touching the regality of the said crown , and to none other . and without doubt these parliaments , and many others had as much might , and right , though not so much knavery , as our anabaptists , and puritans and other sectaries have now , who pretend that the government originally proceedeth , and habitually resideth in the people , but is cumulatively , and communicatively derived from them , unto the king , and therefore the people , not denuding themselves of their first interest , but still retaining the same in the collective body , that is to say in themselves suppletive , if the king in their judgement be defective , in the administration , or neglect the performance of his duty , may question their king for his misgovernment , dethrone him if they see cause , and resuming the collated power into their own hands again , may transfer it to any other whom they please . these men would make themselves extraordinary wise , or else our ancestors extraordinary fools ; for surely if there had been such a power residing in the people , as these men blab of , it would have been preached up before these new-lights ever saw the light , some busie-head like themselves , would have awakened it , and not let it sleep so long . but it is impossible and a meer foppery to think that such a power should be ; for suppose that the people had at first elected their governour , and gave him soveraignty over them , could they with justice and equity dethrone him again ? surely no. for , sive electione , sive postulatione , vel successione , vel belli jure princeps fiat , principi tamen facto , divinitus potestas adest . let the king be made by election , lot , succession or conquest , yet being he is a king , he hath divine power . and therefore they have no power to take away that which god hath given . the conceit of a mixed monarchy , that the supreme power may be equally distributed into two or three sorts of governours , is meerly vain and frivolous , because the supreme power being but one , must be placed in one sort of governors , either only in monarchy , or only in aristocracy , or only in democracy ; our parliaments of england never until now claimed either aristocracy , or democracy ; therefore , as hitherto it hath been granted , so the government must of necessity still be monarchical : and the gracious concessions of our soveraign , not to make laws without a parliament , do not make the parliament sharer , or his equal in the soveraignty , because , as i shewed before , the parliament hath no power but what is derived from the king. his limitation of his prerogative , doth no way diminish his supremacy ; god himself who is most absolute , may notwithstanding limit himself and his power , as he doth when he promises and sweareth that he will not fail david , and that the unrepentant rebels should never enter into his rest ; so a man that yieldeth himself to be bound , hath his strength restrained , but not lessened ; neither is any of it transferred to them who bound him ; so our soveraign doth limit his power in some points of his administration , and yet this limitation neither transferreth any power of soveraignty unto the parliament , nor denyeth the monarchy to be absolute , nor admitteth of any resistance against him . monarchy is either lordly , or royal. adam proved to be the first king , and made by god in paradise , not by the people . all kings are made by god. the son hath more right , and it is more pleasing to god for him , to murther his father , the wife her husband , and the servant his master , than it is for the people to kill their king , though in truth he be wicked . the kings institution , and authority declared by divine and humane writers . the horrible labyrinth of sins which regicides plunge into , with their guilt . the most famous nations in the world have , and do live under monarchy , englands glory and love to kings in times past , and her apostacy in times present . pater familias were petite kings , and how little kingdoms , grew great kingdoms . the kings power is from god , not from the people ; neither did the people at first chuse kings , but they were born subjects by nature . monarchy is either lordly , or royal ; lordly is where the monarch by the law of arms , in a lawfull war becometh lord of the goods and persons of the conquered , governing them , as the master of a family doth his slaves , how he pleaseth ; and it is concluded by all that nimrod was the first lordly monarch . royal , is where the monarch maketh the law the rule of his actions , permitting his subjects to injoy their meum and tuum , aswell as himself ; the law being the arbitrator between them both . i am not ignorant of the infinite sorts of monarchies , which many men make by the different means of the obtaining the state ; but all of them may be comprised in these two ( unless tyrannical of which hereafter i shall speak ) be they haereditary by succession , by election , by gift , or by devise ; for the difference of monarchs , is not to be gathered by the means of the coming to the state , but by the means of governing . among the many prerogatives , which the state of monarchy may challenge above other governments , it hath none so glorious as it's author , and antiquity ; for he that denyeth that the almighty was the founder of monarchical soveraignty , may aswell deny that there is a god , being himself the monarch of all creatures ; therefore to this almighty monarch , will i lift up my head and hands , and humbly implore his sacred majesty , to guide my pen in the road of truth , whilest i travel to the head of this river , for i will dive into the depth of it , and make a scrutiny in the very foundation . — primaque ab origine mundi , ad mea perpetuum deducam tempora regem . the first caelestial king which made heaven and earth , and all things therein , was the almighty ; the first terrestial king which was made for heaven and of earth , and governour of all things therein , was adam ; if thou art so much a basileu-mastix , as to doubt this truth , behold his patent by which he was made lord and king over all , genes . . . be fruitful , and multiply , and replenish the earth , and subdue it , and have dominion over the fish of the sea , and over the foul of the air , and over every living thing that moveth upon the earth . this royal commission did the king of kings give to our father adam , which is so much the larger by reason of the word dominare , which is more than regere . which may serve to re●ell that absurd opinion , and worse than humane invention of those men , who impudently aswell as ignorantly , call kingship , humanum inventum , a humane ordinance , and say that kings were originally instituted by the suffrage of the people , and so may be deposed by the people , whereas it plainly appeareth , that there were no people when the first king was ordained ; and doubtless ( let the opposers of royal government spet what venome they will ) it is an undoubted truth & an irrefragable axiome , that children have asmuch right by the law of god , and nature , to depose their natural father , and chuse another , as the people have to depose their natural haereditary soveraign , and make choise of another ; for the king is the father of the people , the husband of the commonwealth , and the master of his subjects ; and suppose him to be evil , can you finde any warrant in scripture , that children should murder their father , the wife her husband , or the servant his master , because they were wicked ? surely not , no more can you finde any authority for subjects to murder their soveraign : but our age hath created such a power , or rather a monster , and cloathed it too with such piety , and religion , as if they did intend to binde it up with the bible , and make it canonical ; but without doubt they will be so far from making future ages to take it for gospel , as they will hardly have rethorick enough , to make them believe that ever such a wickedness could be committed . let us now look into humane writers , and see what their histories afford us , which we will make rise of , only as an illustration to what we have said , not as an authority , because there is no greater authority than scripture , although historia non est vilis authoritas , great is the authority of history . principio rerum , gentium , nationumque imperium penes reges erat , saith justin . li. . from the begining of things , that is , fr●m the begining of the world , the rule and government of the people , and of all nations , was in the hands of kings ; which learned cicero doth with no lesse truth confirm , saying , certum est omnes antiquas gentes regibus primum paruisse , which is the same in effect with iustin. that monarchy is most natural , and as it were instituted by the laws of nature , is a conclusion by the common consent of the best philosophers and historians ; let tacitus , and seneca speak for them all : vnum imperii corpus , unius animo regendum videtur , the whole commonwealth makes but one body , and it is most natural for one body , to be ruled by one soul. seneca , natura certe commenta est regem , quod ex aliis animali●us licet cognoscere , surely nature found out kings , which we may learn even of the brute beasts . and multitudes of antients preach monarchy to be divine . callimach . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : ex jove sunt reges , kings were instituted by their gods. plato in polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : rex , deus quispiam humanus est , the king is , as one may say , a god upon earth . liv. lib. xxvi . regnum , res inter deos hominesque pulcherrima . therefore let none so stupidly deny , that monarchy is not divinum institutum , a divine institution . if they do , blind homer will prove them blinder than himself , for , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : à jove educatos reges , saith he , the gods constituted and educated kings ; therefore let every one use his uttermost endeavour , and make these supplications with homer , to his lawfull soveraign , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — herus unicus , esto unicus & rex , be thou our only lord , and our only king. o most legal and dreadfull soveraign . — rege incolumi mens omnibus una , amisso rupêre fidem . let us all be of one mind , to establish our king , for he being unsafe , we are all unsafe and perjured . i know not of what constitution thou art , who perusest these lines , but be thou (a) a puritan , presbyterian , brownist , independent , anabaptist , fift monarchy-man , quaker , millenarie , arminian , socinian , antitrinitarian , theaurau john , antinomian , adamite , familist , jesuit , ranter or what thou wilt , learn this , though perhaps it agree not with thy constitution ; that kings are ordained by gods constitution , and by gods constitution , we are commanded and ought for to obey them , as out of holy writ i have already , and shall farther prove ; and as that man who maketh a question , whether there is a god or no ? ought to be answered with stripes , rather than verball instructions , so he that denyeth this truth , ought with the oratory of the sword , and not of the mouth , to be perswaded into his due obedience . for it is an uncontrolable maxim , that he doth not honour , and serve god as he should , who doth not honour and serve his king as he ought ; god will not own him to be his subject , who will not be a subject to his soveraign the lords anointed ; therefore since by the law of god ( for nothing is more frequently commanded in the scripture , and our kings are of like institution with those kings in scripture , and ought to have the same honour and obedience ) by the law of nature , by the law of nations , by the common , and statute law of england , we are commanded to honour our king : let no man be so much an enemy to god , to religion , to his country , to the church , to the law , and to his own soul , as to rebel against his legal soveraign ; for he that doth it , transgresseth against the ten commandements of the law , the new commandement of the gospel , he committeth the seaven deadly sins , the four crying sins , the three most detestable sins , to the soul of man , viz. prophaness , impudency , and sacrilege ; in a word , he committeth all sins , is the embleme of the devil , and unless he repent , he will have his lot with belzebub the great rebel and traytor against heaven . if punishment cannot compel them , me thinks the beauty of monarchy might allure men to love it . surely there is no generous spirit who doth not ; for the most renowned and famous nations in the world have lived under monarchical government , as the scythians , ethiopians , indians , assyrians , medes , egyptians , bactrians , armenians , macedonians , jews and romans , first and last , and at this day the french , spaniards , polonians , danes , muscovites , tartars , turks , abissines , moors , agiamesques , zagathinians , cathaians , yea and the salvage people lately discovered in the west-indies , as being guided thereto , by the rules of nature ; and rip up antiquity , and search histories both antient and modern , and thou shalt never finde our realm of england so much an enemy to virtue , as to hate royal government , until these latter and worst of dayes , wherein it is accounted a sin to be noble , and vertuous : nay so much did our nation love kings in former times , that we had seaven of them in england at one and the same time , viz. . the king of kent , . of the south-saxons , . of the west-saxons , . of the east-saxons , . of northumberland , . of mercia . . of the east-angels , which ruled and shined like the seaven stars , each absolutely reigning in his country , not under the subjection of other , until at length by the law of conquest , one became monarch over all , ruling like the sun , and acknowledging none on earth his superior , so much that it is amongst us a common adage , viz. the king holdeth of none but of god. but it seems god hath now granted away the seigniory to the house of commons , and the king must hold of them ; but from hence ariseth a point in law , whether they are absolutely and legally seized of the seigniory , without attornment of the tenant : in my simple opinion the seigniory doth not pass before attornment ; but i leave it as a quaere to the house of commons , who are best able to resolve it , because they have all the law in their own hands . non nostrum inter vos tantas componere lites . from what hath been said , it is apparent that adam was the first king on earth , and that kingdoms have been ever since adam haereditary ; for a family which was before commonwealth , is nothing else but a small kingdom , and a great kingdom is nothing else but a great family , for the pater familias were , petite kings , and had royal power , and potestatem vitae & necis , even over their own children , as abraham and others . but when the family increased , and the numerous off-pring of their first parent multiplied , built villages , towns , and cities , and so became a great people , so long as their first parent lived , their love and duty towards him , would not permit them unnaturally to strive with him , for the superiority ; but to acknowledge and obey him as their soveraign and lawfull king , from whence they had their being : and this is the reason that kings are called patres patriae , fathers of their country . sal. . inde enim origo regum regiique regiminis petenda est . haec cum primo homine & cum solo novo cepit , quoniam primum parentem numerosus ex eo descendens natorum , & qui ex ●is nati sunt populus , pro rege habuit , & observavit , ut primum sui generis auctorem . so much for monarchy , the best of all governments . no man can serve two masters , for either he will hate the one and love the other , or else he will hold to the one and despise the other ; ye cannot serve god and mammon , math. . . if any anti-royalist think himself wiser than our saviour , and that he can serve two masters , and love them both , let him hate monarchy , and set up his two headed master , and let experience the mistris of fools correct him , as it hath many already . but since our age is given to nothing but vain imaginations , there be some who do imagine , and will object that adam was no king , because he is not stiled so in scripture . i answer ( though this frivolous objection doth not deserve an answer ) that neither do you find adam stiled in scripture , my father , or thy father , yet adam was the father of all flesh ; si res apparet , cur de nomine certas ? he that hath the supreme power is a king ; but adam had the supreme power , ergo , adam was a king. rex cometh from regere to rule , and adam was sole lord , ruler , and king , and so continued untill he died . adam was created by god , the monarch of the world , before he had any subjects , and by right of nature it was due to adam to govern his posterity , even before his subjects were born : so that , though not in act , yet in habit adam was a king from his creation ; neither could eve , nor her children ever limit adams power . it was god that gave the power , therefore no mortals could ever diminish or increase it . for , quid jove majus habetur ? they must be above all that which is called godlinesse , who go about to put asunder , that which the almighty hath joyned together . this paternal power continued monarchical , to the floud , and after the floud , to the confusion of babel , at which time god scattered the people abroad from thence , upon the face of the whole earth , as you may read , gen. , & . yet they went out by colonies of whole families , over which the prime fathers had the soveraignty , and were kings , deriving their fatherly and regal power from noah , whose sons or grand-children they were all . and although i think there are but few kings in the world , who can prove their title to their crown hereditary , ever since noahs floud , or the confusion of babel , yet it is as true , that there is a regal right , continuing in the father-hood , even untill this day , and that the next heir to adam ought to have the supreme power , as it is true , that the father hath right , & ought to govern his children , or as that it is a rule , qui prior est tempore potior est jure ; he that is eldest , by law ought to rule : for god told cain the eldest brother , gen. . . that unto him should be the desire of his youngest brother , and that he should rule over him , which continueth a law until this present time : but though we know not which is the next heir to adam in any convention of the people , ( which is the fault of our ignorance , not of nature ) yet since god hath told us in his holy word , that he only disposeth of crowns , as he pleaseth ; therefore they can not go out of the right line , so long as he directeth and guideth them , though the right in the father-hood lye dormant . every king is a father , therefore every subject must be obedient to his fatherly power , otherwise he will break gods commandment , viz. honour thy father , &c. god only had right to give , and take away crowns , and thereby to adopt subjects into the allegiance of another fatherly power . therefore no less false than execrable is their opinion , who promulge that all men whereby nature born free from subjection , and that they had no governour , but by the peoples assent , and chusing , when it is most apparent , that god gave the supreme power to adam , and that all men since were born subjects by nature . our saviour was subject to his parents will , luke . . and doubtless those men are free from all goodness too , who profess themselves born free from subjection to their prince , or their ancestors before them . but suppose all men were born free by nature , and that the people originally by nature had power to chuse a king ? after what manner , or how is it possible for them to make their choice ? it must be by the joint consent of every reasonable creature , male and female , old and young , babes and antient men , sick and lame , all at one time nemine contradicente : for if natural freedom be granted to all , the major part of the whole people in the world , or the major part of the people of a kingdom , have no power to binde the lesser part to their consent , and agreement ; every one being as free by birth , and having as much power as any other : for the major part never bindeth , but where men at first either agree to be so bound , or where a higher power so commands : now there being no higher power than nature , but god himself , where neither nature nor god appoints the major part to binde , the consent of the major part is not binding to any , but only to themselves who consent ; those who are born afterwards ( according to the tenets of natural freedome ) are not bound by their consent , because by nature they are likewise born free . but if it should be true , ( as it is false ) that men are all free born by nature , yet have not they power jointly or severally , to alter the law of nature . now , by the law of nature no man hath power to take away his own life ; how then can the people or any single man give that power to another , which he hath not in himself ? if he killeth himself for any offence , he is a murtherer . therefore if any man claiming no other power but what he hath from the people , do take away the life of any man , though in a way of publique justice , he is a murtherer , and the man so killed , is a felo de se . because the man slain had no power to kill himself , and so consequently he which killed him had no power neither ; for , nemo potest plus juris in alium transferre quam ipse habet : no man can transfer to another , a greater right and power , than he himself hath . tyrants are either with a tittle or without a tittle ; their qualities . kings have their power immediatly from god , not from the people , proved in adam , and by gods own word in several texts of scripture , by the suffrages of the fathers and other writers , and by the lords prayer and doctrine . the several sorts and degrees of power instituted by god , and the commission , whereby god gave power to adam . the honour which god hath bestowed on kings , and his special care , and owning them . how kings are said to be instituted immediatly by god. the israelites did not sin in desiring a king ; and his power and praer●gative set forth by the prophet samuel ; saul was chosen for his virtues , and was not vitious at his inanguration . proved from adonijah , and solomon that god only maketh kings , not the people . the arrogance and presumption of the pragmatical people of england , in claiming power to make and unmake kings , condemned , who will have none kings but themselves . monarchy the best of governments . let us now set upon this monster , a tyrant who is either cum titulo , vel sine titulo , with a title , or without a title ; a tyrant cum titulo or exercitio , is he who being a legal soveraign , ruleth by his depraved will , and treading under foot the laws of god , and his realm , enslaveth his free born subjects , and useth their goods as his own . a tyrant sine titulo is he who usurpeth the soveraignty without the authority of the law , and subverteth all rights , and religion , making what laws he pleaseth , or else squareth his actions according to the rule of the known laws . for he that hath no title to the soveraignty , but usurpation , is a tyrant , though he live so piously and religiously , that to the world he seems a saint . here i could willingly cast anchor , and stop the progress of my pen , from sayling any further into this rough ocean of tyranny ; but when i see the sword and scripture so much at variance , the one fighting against the other , then am i forced to put this question , whether a lawful soveraign perverting the laws of god and man , and metamorphosed into an absolute tyrant , may by his subjects be called in question , and punished at their pleasure ? the sword saith he may , and proves it by experience . the scripture , though not with so much violence , yet with more reason , and religion , both saith and proves it that he may not , mulciber in trojam , pro troja stabat apollo . for the better decision of which question , it is first necessary to be known , whether the institution of kings be immediatly from god , or whether they be creatures made by the people , receiving their power from their subjects , and so to be dethroned when they vouchsafe to think convenient . for art thou only a stranger in england , and hast not known the things which are come to pass there in these dayes ? that there are new statesmen , who have found out a new discovery , and hold forth these sophisms for true doctrin , that royal authority is originally , and radically , in the people , from them by consent , derived to kings immediately , mediately only from god ; that the donation or collation of the power is from the community , the approbation only from god , and that soveraignty and power , in a king , is by conveyance from the people , by a trust devolved upon him , and that it is conditional , fiduciary and proportioned , according as it pleaseth the community to entrust more or lesse , and to be weighed out ounce by ounce , and that the king may be opposed , and resisted by violence , force , and arms , and the people resume their power ; which we deny , and shall prove by the law of god , of nations , of nature , of the common and statute law of england , that the royal power , and soveraignty of kings is primarily , formally , and immediatly from god , and that the people through pretence of liberty , privilege , law , religion , or what colour soever , ought not to oppose , imprison , resist , much lesse murther their king , though he be wicked , and subvert law and religion ; much lesse when he is pious , upholdeth and maintaineth both . first , i conceive that there is no man so impudently wicked as to deny that there is a god who created all things , heaven and earth , angels and men ; the power of angels , and the power of men ; there is one power of angels , and another of men , so there is a difference of powers amongst men , the power of a king , inferior to no power on earth but only gods , the power of the subjects inferior to the power of the king ; the power of a father over his children ; and the power of a husband over his wife ; and so every power limitted by god ; and as one star doth excel another in brightnesse , so one power doth excel another in dignity and glory . there is nothing more plain and evidently asserted in the scripture , than that kingly power is the most sacred , divine , and glorious of all powers , immediately from god , peculiarly owned by him , as a power wherin his nature and majesty is most manifested ; and as i have already shewed , hath a shadow of all divine excellencies . man was made , gen. . . and god said , let us make man in our image : but man had no power or dominion , untill god further said , and let them have dominion over ; so that it is from hence most clear , that man had no power or soveraignty , untill god gave it him , and the first man to whom god gave it , was adam a king , the sole monarch of the world . then let not our new sectaries fondly & wickedly conceit , that royal authority is originally , and radically from them , & that it is by their consent immediatly derived from them , to kings ; since the kingly power & office was before they were born , or had any power , from whence such authority could be derived . by me kings raign saith god , not only particular kings , as kings of the jews , &c. but all kings , prov. . . qui succedit in locum , succedit in jus . therefore whosoever claim unto themselves , that power which is universally and perpetually peculiar unto the god of all power , do blaspheme and rob god of his honour , and what lyes in them , do make god no god , and themselves the only almighty : but the people which challenge unto themselves , the original power of earthly dominion , do challenge unto themselves that power which is universally and perpetually peculiar to the god of all power ; therefore those people do blaspheme , and rob god of his honour , and what lyes in them do make god no god , and themselves the only almighty . there is no power but of god , the powers that be are ordained of god , rom. . , . wherefore ye must needs be subject , not only for wrath , but also for conscience sake . doubtless our superintendants did never learn their doctrine , from this text ; but they may aswell learn it from hence as from any other place in scripture , for i finde nothing in my bible contrary to this , but every text in scripture , doth harmoniously agree with this , and unanimously resolve , that kings are of god , they are gods ; children of the most high , his servants , ●ir publick ministers , his deputies , his vicegerenis , his lieutenants , their throne , their crown , their sword , their scepter , their judgements are gods , their power , person , and charge are of divine extract , and so their authority , and person are both sacred , and inviolable . god removeth kings and setteth up kings , daniel . . thou settetst a crown of pure gold on his head , psal . . . i gave thee a king in mine anger , and took him away in my wrath , hos . . . which proveth that god , not the people , did institute kings , and that god not the people should take them away . god hath spoken once , yea twice have i heard this , that power belongeth unto god , psal . . . by him were all things created that are in heaven , and that are in earth , visible and invisible , whether they be thrones , or dominions , or principalities , or powers , col. . . and now , o lord my god , thou hast made thy servant king , instead of david my father , kings . . i have provided me a king , saith god , sam. . . whole heaps of scipture might i gather to confirm that kings are solely , and immediatly dependent from god , and independent from all others , which truth the suffrages of the holy fathers , ( which are but as so many commentaries on the scripture , and therefore not so necessary here to be recited ) do affirm and maintain . but some may ask me , how kings in these dayes can be said to be immediatly from god , when somtimes they are elected kings by the people , sometimes they come to their crowns by conquest , and sometimes hereditarily by succession , and never by extraordinary manifestation and revelation from heaven , as did moses , saul , david . to this i briefly answer , that ( as divines hold ) a thing is immediatly from god several wayes . . when it is solely from god , and presupposeth nothing ordinary or humane , antecedent to the obtaining of it . so was moses made captain over israel , and so had joshua his authority . but soveraignty now to our kings is not so conveyed , but some humane act is alwayes intervening . . when the donation and collation of the power to such a person , is immediatly from god , though some act of man be antecedent , as mathias was an apostle immediatly from christ , though first the apostles put two a part , and cast lots , yet neither of these two acts jointly or severally , did virtually or formally , collate the apostolical power upon him . when an atturney maketh livery of seisin , according to his letter of atturny , the feoffee is in by the feoffor , and not by the atturny , though his act was interposed . is is not the feoffment of the atturney , but of the feoffor , and the feoffee his title is only from the feoffor , though he had not had it but by the means of the atturny . in the second sense , soveraignty is conferred on kings immediatly from god , though some created act , as election , succession , conquest , or any other ordinary act intervene ; for the interposed act containeth not in it power to confer soveraignty , but that power cometh formally and virtually from god , and so relateth to him as the proper donor , and immediate author ; as when a king giveth power to a favourite , to make a lord , or a baron , yet who is so stupid as to averr that the honour of a lord , or a baron , cometh immediatly from the favourite , and not from the king ? so when god puts into the hearts of the people to chuse a king , the soveraignty cometh from god , and not from the people , the people cannot produce so noble an effect as royalty , nemo potest transferre in alium quod non habet in se , no man can give that to another , which he hath not himself . the soveraign hath power over life and death ; no single man hath power to kill himself , nor the people jointly ; for if no man hath power over his own life , much less over his neighbours ; therefore soveraignty is not derived from the people . the people have potestatem designativam personae , but not potestatem collativam potestatis regiae , they have power to design , and depute the person , but not the power to joyn the royal authory to the person ; for that is immediatly from god. as the designation of the person to an holy function is from man or men , but the collation of the power is immediatly from god. i may have power to throw a man into the sea , but it is the water which drowneth him . there is a great difference between the applying of the person to the authority , and the applying of the authority to the person , the one may be the act of the people , the other can only be the act of the almighty , licet communicatio potestatis quandoque sit per consensum hominum , potestas tamen ipsa immediate est a deo , cujus est potestas , though the power be sometimes conferred by the consent of men , yet it is immediatly given from god , whose power it is , saith r●ffensis , de potestate papae . fol. . et communitas nihil sui confert regibus , nisi ad summam personam determinet , & potius personam applicat divinae potestati , quam divinam potestatem personae , the community hath no power to confer on kings , but only to depute the person , it may apply the person to the divine power , but cannot apply the divine power to the person , saith spalet . tom . . . constitue supra nos regem at judicet nos sicut & universae habent nationes , make us a king to rule over us ( not we over him ) that he may judge us ( not that we may judge him ) as all other nations have , cry the elders of israel . from whence it is apparent , that soveraignty cometh from the heavens , not from our earthly cottages , we are rather passive , than active , it is god which makes kings , we receive and should obey them . there is no society without government . we should destroy one the other unlesse we had a governour . thou o lord hast made and given a king to the little bees , who follow him as their leader , and honour him with a throne in the midst , and safest place amongst them ; the cranes do follow one as chief , and flocks and herds have their captain to lead them ; the fishes of the sea do follow one as king. therefore let not us men only be independent , and since thou hast told us that power belongs to thee , we will not rob thee of it ; obedience is that which we are only capable of ; soveraignty is a creature of thy making , not of ours , therefore make us a king to rule over us . the prophet samuel seeing their urgent resolution for a king , lest they should afterwards plead ignorance , told them the power of a king . vosque eritis ei servi , if you have a king , you must be his servants , he will take your sons , and appoint them for himself , for his chariots , he will take the tenth of your sheep , and of your seed , he will take your daughters to be confectionaries , ●e will take your fields , your vineyards , your olive-yards , even the best of them , and give them to his officers and servants , he will take your men-servants , and your maid-servants , and your goodliest young men , and your asses , and put them to his work , this is the power of a king ; and from whence is this power derived ? doubtless not from the people , for they are never so willing to part from what they have . but notwithstanding they persisted in their petition , and would have a king , saying , rex erit super nos , & erimus nos quoqu● sicut omnes gentes , & judicabit nos rex noster , nay , but there shall be a king over us , that we also may be like all the nations , and that our king may judge us , and go out before us , and fight our battels ; by which it is perspicuous , that all kings had the same power , as this king here described , by the prophet had . the israelites did not sin in desiring a king , neither did god give them a king purposely for their punishment in his wrath ; for as the best divines hold , when god saith hos . . . i gave them a king in mine anger , and took him away in my wrath , ( which proveth that god only giveth , and taketh away kings ) wicked jeroboam is meant , and not saul . for samuel prayed for saul , god commanded samuel to hearken to the voice of the people in all that they said , sam. . . and did chuse them a pious king , for cap. . . samuel said to all the people , see ye him whom the lord hath chosen , that there is none like him among all the people , and all the people shouted , and said god save the king. so that it is apparent that saul was chosen for his virtues , and was no tyrant at his inauguration . moses deut. . , . did prophesie of their king , thou shalt in any wise set him king over thee , whom the lord thy god shall chuse . where moses relateth what is decent , and meet for a clement and merciful king . but samuel describeth what a king may do , if he will use his summum jus , which is to do what he pleaseth ; therefore samuel setteth forth the greatest and largest power of kings , not to deter the people from desiring a kings , but to prepare their hearts to obey him ; for god commanded samuel to grant the people their request , according to the prophecie of moses , and therefore samuel would not be unwilling to perform gods command , neither was samuels displeasure for any other end ; but that the people might be pleased with the king whom they so earnestly desired , and knowing his power , and remembring their fervent sute for him , they might more willingly and chearfully obey him . for sauls wickednesse did spring from the corruption of his nature , after he was made king , and not through any default in god , for he was a man of excellent qualities when god chose him , and many pious and religious kings were given to the people afterwards , as david , &c. but be they good or bad the people must not resist them , because , as samuel sheweth , the manner of kings is to do what they will. principi summum rerum arbitrium dii dederunt , subditis obsequii gloria relicta est , to princes god hath given the highest power , to subjects only is left the glory of obedience , saith tacitus , which indeed is the greatest glory can be conferred on them , if they had but hearts to receive it : for what is more glorious in subjects than obedience to god and their king ? super imperatorem non est nisi solus deus qui fert imperatorem , the king hath no superior but only god , saith optatus bishop of milivis . generale pactum est societatis humanae obedire regibus , it is a natural , a general , a universal compact , covenant of humane society , to obey their kings , saith st. austin . li. . confess . cap. . but since optimus legum interpres praxis , practice is the best interpreter of the law , look into the scriptures and learn what our ancestors have done before us , i am confident you cannot find in all the scripture where god appointed any people to be the chusers of their kings , but rather to accept of them and submit themselves to them , whom the lord had chosen and placed over them , nusquam invenio regem aliquem judaeorum populi suffragiis creatum , quin si primus ille erat , qui designaretur a deo , vel a prophetae ex dei jussu , vel sorte , vel alia ratione , quam deus indicasset , i never find any jewish king made by the suffrages of the people , but whom god did first by some means appoint , saith piueda de rebus solo. li. . c. . neither did the children of israel chuse any unlesse abimelech , the bastard son of gedeon , and ( as some say ) jeroboam who made israel to sin , and of the evil successe of their reigns , the scripture will give you an account ; would not the people have established adonijah in king davids throne , crying out before him , kings . . god save the king adonijah ? but god whose property it is only to make kings , rejecteth adonijah , and maketh solomon to rule in his fathers stead , although adonijah his title was by birthright , aswell as by the consent of the people , for , kings . . saith he to bathsheba the mother of solomon , thou knowest that the kingdom was mine , and that all israel set their faces on me , that i should reign , howbeit the kingdom is turned about , and is become my brothers , for it was his from the lord. in this verse you may see the title of adonijah , and the title of solomon , to their fathers crown ; adonijah claimed it by birthright , and the power of the people , but solomon claimed it from the lord. it is no marvel that adonijah put in his title for the crown , for god hath appointed the right of primogeniture , by which the patriarchs and all the rest of the posterity of adam injoyed their royalty . the elder is to rule over the younger , by the law of nature ; suppose adonijah to be more wicked than solomon , yet doth not that take away his birthright ; for god saith to cain , though he was never so wicked an hypocrite , unto thee shall be the desire of thy brother , and thou shalt rule over him , though abel was never so godly and sincere a server of god ; which made jacob so earnest to purchase his brothers birthright , gen. . . and jacob said , sell me this day thy birthright . but adanijah his title was not only by birthright , but also the people would have made him king , and if those people had had as much power as the people of england pretend to have , adonijah would have wanted no other title than their power ; for the people of england are not afraid to say like gods , by us kings reign , we throw down kings & set them up again , there is no power but what comes from us , they provide themselves kings , they have spoken once , yea twice have i heard this , that power belongeth unto them , and that their kings are only derivatives from them , o monstrum , horrendum , ingens , cui lumen ademptum . did ever the world produce such blind prodigious monsters ? was ever god and christ robbed so much of their power , honour and majesty as by these vipers ? adonijah no sooner saw his brothers title , but he released his own , and quitted the crown , wo be to them who usurp the crown , and have no title of their own . the title of king solomon was from the lord , he only set the regal diadem on his head , the people stood by as ciphers , solus verus deus dat regna terrena bonis & malis , saith st. austin de civit. dei , li. . cap. . it is god alone who disposeth of crowns , he crowned adam a king in paradice before his fall , and before the rise of our m●so-monarchical statists , and therefore monarchy is no creature of the peoples , which makes them confess and believe ( the devils do the same ) that monarchy is the best of all governments , which perhaps is the reason that they would so fain have it to be a bird of their own hatching ; but me thinks their tenets prove the contrary , for if all supreme power were originally in the people , and derived from them to the king , then without doubt democracy were the best of all governments ; for that form of government which cometh nearest to its original is the best : but democracy cometh nearest to its original , therefore democracy is the best , for the nearer the fountain the purer the stream . but change the supposition into a true proposition , and then the conclusion will be found , as thus , all supreme power is originally derived from god , that government which cometh nearest to its original is the best : but monarchy cometh nearest to its original , therefore monarchy is of all governments the best . and that monarchy is the best form of all governments is the conclusion of all politicians . omnes vero palmam dant regno , all give the palm to monarchy , praestantiam autem monarchiae , non ex vetustate cum lipsio , nec ex naturae ductu , cum hieron . ad rastic . mona . probo , sed ex commoditatibus , quibus caeteras species antestat , i do not only prove monarchy to be the most excellent , because it is most antient , and most natural : but also because it is most profitable , saith henningus arnisaeus . as it is the most beautifull , so it is the most profitable government : therefore none but mad men will dart forth the weapons of their tongues and hands , against monarchy , or else those who would be commonwealths-men only for their own private ends , or else those men who will not have a kingdom , unless it be their own , and reges abominantur nisi ipsi sint , think kings abominable , unless they may be kings themselves . and these men think they may the easier attain to kingship by preaching this new doctrine with the iesuits , that the kings power is derived from the people , and so fool the ignorant multitude into an act of joyning with them to take the regal diadem from off their pious soveraigns head , & place it on their own fanatick coxcombs , and so become our good lords , & masters of all that we have ; for never was king illegally dethroned , but a hundred tyrants came in his room , regem quidem apparet eos sustulisse , sed nec minus manifestum est regnum sibi retinuisse , dum quod sub uno erat in plures diviserunt , & triginta ac septem socios tyrannidis adscivere qui imperium secum tenerent , gravique & intollerando servitio cives suos premerent , nam sub specie libertatis tyrannidem saevissimam velle eos exercere vel caecis clarum est , saith sal. but caveat emptor , let them take heed they do not purchase their vain glory at too dear a rate , their counterfeit dissembling may find a real hell , nec est diuturna poss●ssio , in quam gladio inducimur , this world will not last alwaies . let them assure themselves the people did never give nor ought for to take the power of their king , non tribuamus dandi regni potestatem nisi deo vero , let us not attribute the power of disposing of kingdoms to any but to the true god , saith st. austin , de civit. dei , li. . c. . nemo enim ante infelicissimam hanc nostram tempestatem , non fassus est , principem populo dominari , principi vero deum , for no man before these most unhappy times of ours , did ever deny but that the king ought to govern the people , and the king to be governed by none but god , saith barclay . had i not known that our regicides have voted the lords prayer , as well as kings useless , ( for uno absurdo dato mille sequuntur , over shooes , over boots ) i should have wondred with what face they could conclude their prayers to the almighty , saying , for thine is the kingdom , the power and the glory for ever , amen , yet claim the same power to themselves : for if theirs be the kingdom , the power and the glory , if they have power to make and unmake kings when they please , then what or where is gods power ? surely if their doctrine be true , then our saviours is false , and he did ill to teach us to pray , and command us to say , thine is the kingdom , the power and the glory for ever and ever ; but let god he true , and every man a lyar. our saviour is the truth and the light , and if these men had been inlightned by our saviours doctrin , the darkness of these errors would never have so damnably blinded them , who make god a parenth●sis , thinking themselves perfect and compleat without him , and profess that the king , ( whose ●oodness , like their wickedness is incomparable , ) is but a brat of their own begetting , and that they like god may take him away as occasion shall serve . these antimonians ( who pick out places of scripture only to destroy scripture ) that they may be canonical in all things , and do nothing without the bible , say , that the people make the king , and that they are so taught out of gods word , for , sam. . . all the people went to gilgal , and there they made saul king , before the lord in gilgal , which ( say they ) is an invincible proof , that the people made saul their king , and not god , and so consequently all kings are made by the people ; but if these men will tie themselves up so strictly to the letter of the scripture ( because it makes for their purpose as they suppose ) that they will not hearken to the true meaning , and interpretation , let their own weapons kill them , for , sam. . . samuel said unto all israel , behold , i have harkned unto your voice in all that ye said unto me , and have made a king over you . this verse saith that samuel made the king , which is the very next verse to theirs , which saith , that the people made the king , so that litterally , one of these verses must needs speak falsly , for if the people made the king , then samuel did not , but if samuel made the king , then the people did not ; so that this dilemma must needs confute our new doctors . but let scripture interpret scripture , and the interpretation will tell you that god only made the king . for though the people say , we will set a king over us , deuter. . . yet they must in any wise set him king over them whom the lord their god shall chuse . the lord must , who only can give their king soveraign power , he must make and give the king . the people have only power to receive and set him over them . sam. . . samuel took a vyal of oil , and poured it on his head : but the lord anointed him king , he is the lords anointed , not samuels : for why ? is it not because the lord hath anointed thee to be captain over his inheritance ? saith samuel . paul may plant , and apollo may water , but god only giveth the encrease ; god is master of the substance , and only giveth regal power , samuel , &c. and the people are but masters of the ceremony ; and the coronation of kings is only a declaration to the people that god hath given them a king ; outward vnctions , and solemnities used at coronations , are but only ceremonies , which confer no power to the king , for it was his from the lord. ki. . . the elders of judah and israel chose david to be their king , and anointed him over them , sam. . . but they did not give him power , or right unto his kingdom ; for saith god , sam. . . i will shew thee what thou shalt do , and thou shalt anoint unto me him whom i name unto thee . the people make the king , not by giving him soveraign power ; for that feather doth not grow in their wing ; but by receiving him , and approving that which god hath done . for the lord , the king of all the earth , ruleth in the kingdom of men , and giveth it to whomsoever he will. psal . . . dan. . . old horace , more a divine than most of these new sectaries , the incendiaries of all mischief , could teach them this truth . regum timendorum in proprios greges , reges in ipsos imperium êst jovis , clari gigantaeo triumpho cuncta supercilio moventis . fear'd kings command on their own ground ; the king commanding kings is jove : whose arm the gyants did confound , whose awfull brow doth all things move . which sentence , lest it should seem too light , and savour too much of poetical assentation ; let our antichristians ( for those who by their practise , though not which their mouths deny christs doctrine , deserve no better name , ) hearken unto the words of our saviour ( if they will vouchsafe to debase themselves so much ) and behold , what doctrine he preached to pilate , which is the more remarkable , because it was his last . john . . iesus answered , thou couldest have no power at all against me , except it were given thee from above . for , cujus jussu homines nascuntur , illius jussu reges constituuntur . he who made men , made kings . that kings have the supreme power over the people , is proved in adam , and testifyed by the law of god , the law of nations , the law of nature , the law of reason , the law of the realm , and by the oathes of all english men , aswel parliament men as other magistrates , ( though since broken ) by our saviour , by the apostles , by all the fathers of the church , and by all christian people , and religion . the glory of the martyrs , which have sacrificed their lives in this just cause , shall live for ever ; and the rebells shall go out with stink , like the snuffe of a candle . the majesty , and power of the king described , good subjects commended , and the punishment of traytors , with korah , dathan , and abiram , manifested . the sad effects , if the people should have the supreme power , and proved by reason that no government could stand , nor any man whatsoever live , if the people had power to question the king or other their governors . two supreme powers cannot stand together ; trayterous tyrants , alwayes pretend liberty and religion , with which they blinde the ignorant people : the oath of supremacy , by whom taken , and by whom broken , with all gods commandments with it . how the people of england deal with their king. having satisfied all , but those whose profit it is to believe the contrary , who have no other grounds for their belief than other mens grounds and estates , that kings receive their power from god , and not from the people , and are independent from all but the almighty . i shall now shew , . that they have the supreme power over the people , . that they are above the law , . that they are not to give account of their actions to the people , but only to god , and so conclude that there can be no just cause for the subjects , either to take up armes against their soveraign , to call him to the bar , to accuse him , to condemn him , or to kill or murther him . first , with the first , that the first king was made in paradice , your have already heard , and that there he received his dominion and power ; but from whom did he receive his power ? from god ; hath not god therefore greater power than the king● he hath ; from whence do the people derive their power ? from the king ; hath not the king therefore more power than the people ? he hath , constituens constituto potior , the constituent is better and higher in place and dignity than the constituted ; but the power of god constituted the power of kings , ergo , the power of god is greater than the power of kings , and quod efficit tale magis est tale ; that which maketh any such or such , is in it self much more such or such ; but the king giveth power to the people , ergo , the power of the king is higher than the power of the people ; the king is the only fountain from whence all the streams of authority flow , to the people , it is he that is the magazine , from whence they derive their power , and derivativa potestas non potest esse major primitiva , a derived power can not be greater than the primitive ; therefore those men who place soveraignty in the palace of the peoples breasts , must needs be more knaves , than fools , for so great ignorance cannot roust in their pates , who are so worldly wise ; but let them glosse the text with what false commentaries they please , make white black , and black , white , and muster up dark clouds of jugling riddles , to dazle the purblind sight of the rascal rable of the people , who think the gown makes the lawyer , that that must needs be law which the judge saith , esteem all things by their exterior apperances , and only know how to be ignorant ; whose deceived foolishnesse , is the chariot on which our men of war ride triumphant , from one degree of wickednesse to another ; yet notwithstanding legibus eversis rerum natura peribit , the law of nature shall perish , and the heavens and earth shall passe away , before lex terrae , the law of the land , shall deny this oracle , omnis sub rege & ipse sub nullo nisi tantum sub deo , all men are under the king , and the king is under none but god , this is that divine sentence — quod nec jovis ira nec ignes , nec poterit ferrum , necedax abolere vetustas , which neither angry jove , nor fiery vulcan , neither devouring age , nor the bloudy sword , a worse devourer than that , shall ever expunge out of our law-books , or explode out of the memory of every pious man. this is that which many worthies have written with their blouds , and sealed with their lives ; to this have many died martyrs , whose fame shall out-live the sun , and their memories be engraven upon the marble of everlasting monuments , whilest others their opposers , would be glad to have the stench of their ignominious names , buried in the grave of oblivion ; where leaving them , let us return to our king , for nullum tempus occurrit regi , it is alwaies seasonable to do allegiance to the king , whose power , like the ocean , is boundlesse , and his authority , like the wind , goeth where it listeth ; he only can proclaim war , and he only can conclude peace ; he only can call parliaments , and dissolve them when he pleaseth ; he appointeth what magistrates he pleaseth , and turneth out whom he pleaseth ; all laws , customs , privileges and franchises , are granted and confirmed to the people by him . he raiseth men that are dead , to life again , for those that are condemned to die by the judges , are dead in law , but the kings pardon reviveth them again . he hath the sole power of ordering and disposing all the castles , forts , strong holds , ports , havens , and all other parts of the militia . he is the breath of our nostrils , the life , head and authority of all that we do , supremam potestatem , & merum imperium apud nos habens , having the supreme power , and meer empire over our bodies , members , lives and estates ; he doth whatsoever he pleaseth ; to be short , he is our king , and where the word of a king is , there is power , and who may say unto him what dost thou ? eccle. . , . but so greedy is humane nature of dominion and covetous to rule , that we have some amongst us , who professe themselves to be born kings , they are kings by birth , nay greater than kings are here ; for par in parem non habet dominium , one king cannot command another king ; but these men use kings as children do birds in a string , give him what liberty and authority they please , clip his wings lest he should fly too high for them , put pins in his eyes to make sport with him , and clip off his head too , to make known their authority . but doubtless , these men were never bred in christs university . did they ever hear of him ? if they did , it is the worse for them ; for they , which know the will of god and do it not , will fare never the better for their knowledge . it is better to be an ignorant fool , than a cunning knave . reddite quae sunt caesaris caesari . render to caesar , that which is caesars , saith our saviour . quot verba , tot argumenta , his words should be to us commands ; his actions our instructions , and his obedience should be our pattern ; shall the lord of life submit himself unto the king ? and shall not we ? shall he give caesar his due ? and shall not we ? shall he suffer himself to be murthered by the king ? and shall we murder the king ? this is the popes doctrine , to take away the lives of princes ; and ●re not we his true disciples , when we put his words in practice ? his disciples did i say ? nay we scorn that , for every man now is a pope , and exerciseth the fame authority . but let us forsake the pope , and learn the obedience of true subjects , from the subjects of ioshua , chap. . , . and they answered joshua , saying , all that thou commandest us , we will do , and whithersoever thou sendest us , we will go ; whosoever he be that doth rebel against thy commandments , and will not hearken unto thy words , in all that thou commandest him , he shall be put to death , only be strong , and of a good courage . behold , here the kings soveraignty to command , the subjects duty to obey , and the punishment of a rebel is death ; if the king hath not the supreme power , how can he command ? if the subjects are not his inferours , why should they obey ? if the people have a power co-ordinate and equal with the king , then must there be duo summa imperia , two supreme powers , which the philosophers tell us cannot be , nam quod summum est unum est . soveraignty cannot be divided , diverse supreme powers are no more compatible in on state , than two sunns are in the firmament : — omnisque potestas impatiens consortis erit — non bene cum sociis regna , venusque manent . kings and lovers admit of no rivals , soveraignty being an individual , must be in one sort of governours , either in one man , as in monarchy , or else in one specifical kinde of men , as the optimates , as it is in aristocracy , or in the people , as in democracy , saith aristotle . necesse est aut unum esse penes quem summum sit imperium , aut paucos , aut multos : but the government of england is monarchy , and therefore the people have no supreme power , it would be a monstrous body if the inferior members were equal in power , or could command the head . but suppose there should be such an vtopia , as our novelists feign , where the prople might call their king in question for his actions , when they thought he offended , we should then have a new king , every new moon or oftner , and would any man be so mad as to be their king ? for my part , i think he had betrer be hanged ; for what beast is more salvage and uncertain , than the headlesse blind multitude ? virgil. scinditur incertum studia in contraria vulgus . discord is the only ensign of a multitude , and sooner will the stars gather into one body , than a multitude unite themselves into one mind , quot homines tot sententiae , and would not a man have a rare place of it , to be servant to all these beares ? the cynical puritan would hang him if he was not in all things so pure a saint as himself , and the independent would pende him if he did not solely depend on him as on god almighty ; the rigid presbyterian would bend his knotty brows at him , if he was not as obedient to him , as a water spaniel ; and the dreadfull anabaptist would hang both puritan , independent , presbyterian , and king and all , if they would not be baptized according to his sacred tenet , the quaker would make him quake ; and theaurau john would crack his crown , unlesse he did esteem them as the greatest part of christs kingdom . and can any wise man think that this kingdom thus divided can stand ? a man cannot serve two masters , saith our savior , but that he will love the one , and hate the other , and jove himself cannot please this many headed monster . therefore if the almighty god had not put the bridle of government into the peoples mouths , and the reigns into the hands of their superior , like the unruly horses of phaeton , or the masterlesse winds of eolus let loose , they would have torn the world asunder , and brought all things with themselves into confusion . tanta est discordia fratrum , so great is the discord , even of brethren . no king can be so well accomplished as to please all men , neither indeed is it a sign of an honest man to be so flexible , as to please every one , populo placere non potest cui placet virtus , the just love him , whom the wicked hate ; and the wicked love him , whom the just hate ; what king so pious , just , religious , and mild , as moses the meekest of all men ? and what greater treason was ever hatched and plotted against any man than him ? korah , dathan , and abiram , with two hundred and fifty princes of the congregation , lead the people to sedition , and then to rebellion , telling moses to his face , he took too much upon him , and had not god vindicated the sacred soveraignty which he had placed in moses , even moses himself had become a prey to the blood-thirsty , and rebellious appetite of these traytors ; for it came to passe , that the ground clave asunder that was under them , and the earth opened her mouth , and swallowed them up , and their houses , and all the men that appertained unto korah , and all their goods , they and all that appertained to them , went down alive into the pit , and the earth clozed upon them , and they perished from among the congregation ; and all israel that were round about them , fled at the cry of them , for they said , l●st the earth swallow us up also ; and there came out a fire from the lord , and consumed the two hundred and fifty men that offered incense , as you may read in numbers . a fearful example , one would think enough to deterre the hearts of all traytors from rebellion . this was the first rebellion we read of in the scripture , and how god approved of it , doth appear by the exemplary punishment . these traytors did but only murmur , and rebel with their tongues , yet see how god rewarded them ; then what punishment is reserved for them , who do not only murmur , and rebel with their reviling tongues , more sharp than a two edged sword , but also murder the lords anointed , and powr out his sacred bloud like water upon the ground ? doubtless they have just cause to fear , that although they flourish here like the green grass , yet at the day of judgement , hell it self will open it's mouth , and swallow them up both bodies and souls into everlasting fire , and damnation , where there shall be nothing but weeping , and wailing , and guashing of teeth . lento gradu ad vindictam sui divina procedit ira , & tarditatem supplicii gravitate compensat ; the longer the blow is a fetching , the heavier it will be when it falleth , divine vengeance cometh , though with a slow yet with a sure foot . though king david was a man after gods own heart , yet could he not please the people , for absolom his own son made a conspiracy against him , and forced him to flye for his life ; but mark the end of this traytor , though the earth did not open her mouth and swallow him up , yet the very trees took vengeance , and caught him up by the head , so that he hung between heaven and earth , as unworthy to go to heaven , or to live upon the earth . sam. . . then how dare these pulpit hunters blaspheme god , and prophane his word , and sanctuary , so much , as to preach that rebellion is obedience , nay a necessary duty commanded of god , and a great means to carry on the work of salvation , inciting the people to cry out for justice , accounting all things injustice , unless that they have their wicked ends ? so absolom did steal the hearts of the people who had controversies , telling them , that there was no man deputed of the king to hear them . sam. . . and absolom said moreover , o that i were made judge in the land , that every man which hath any sute , or cause , might come unto me , and i would do them justice . a true lecture of a traytor ; for you shall never find traytors without law and justice on their sides , to colour their actions ; the king hath not deputed a man ( say they ) to distribute justice . he is popishly given , and would bring into the kingdome the popish religion ; he infringeth your charters , breaketh the laws , and destroyeth your rights and liberties . but o that we were made judges in the land , how equally and impartially would we give justice to all men ? we would not take away your charters , nor encroach upon your liberties ; the preservation of the law and religion is the only cause , for which we take up arms ; but when with their charms and sorcery they have intoxicated the people , got the hilt of the sword into their own hands , and a power to do what they list , then down goeth both law and religion , and the king too , like jonas , must be thrown down from the stern of government , to appease the tempest of the multitude ; and then , and not untill then , like the head of a snail , or a tortoise out of it's shell , not seen before , doth appear their own cause , and indeed the only cause for which they took up arms , which is their own private interest , and the destruction of the whole kingdome , with their own bodies and souls hereafter . hor. suis & ipsa roma viribus ruit . and englands own sword , destroyeth poor england . but let traytors pretend what they will , yet this is a principle , whose original is the bible , confirmed by our saviour and the apostles , by all the fathers of the church , and by all christian people , by all reason and religion , that kings have the supreme power over their people , and consequently the people no power to resist them , either to save their laws , religion , or for what other pretence soever . for , rex si supra populum optimatesve agnoscat proprie non est rex , he cannot be a king , which hath not the supreme authority and soveraignty ; divisum imperium cum jove caesar habet , it is god and the king to whom soveraignty belongeth , the people are their vassals , and not sharers in so high a dignity . our saviour alone was both god and man , and it is a thing impossible , for the people to be both king and subject too , at one time . but why should i seek stars to light the noon day ? or press that with arguments to be true to them , who with their oaths have confirmed it for a truth , swearing , i william lenthal do utterly testify and declare in my conscience , that the kings highness is the only supreme governour of this realm , and all other his highness dominions and countries , aswell in all spiritual , or ecclesiastical things , or causes , as temporal : and that no forein prince , person , prelate , state or potentate , hath or ought to have any jurisdiction , power , superiority , pre-eminence or authority , ecclesiastical or sp●ritual , within this realm . and therefore i do utterly renounce , and forsake all forein jurisdiction , powers , superiorities , and authorities ; and do promise that from henceforth i shall bear faith , and true allegiance to the kings highnesse , his heirs and lawfull successors , and to my power shall assist , and defend all jurisdictions , privileges , pre-eminences and authorities , granted or belonging to the kings highnesse , his heirs and successors , or united and annexed to the imperial crown of the realm . so help me god , and by the contents of this book . what greater exemplification , confirmation or demonstration of the kings soveraignty , can there be than this sacred oath of supremacy ? for this is the thing which the lord hath commanded ; saith moses , num. . , . if a man vow a vow unto the lord , or swear an oath to binde his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . and is there any english-man so impudently wicked and prophane , as presumptuously to break gods commandement , break his own vows , and impiously turn perjured traytor ? vix ipse tantum vix adhuc credo malum : scarce i , even i , who have seen it with my own eyes , can yet hardly believe so great a villany can be perpetrated . haec facere jason potuit ? could the betrothed do this ? heu pietas ! heu prisca fides ! alas the antient piety ! alas the fidelity of old time ! debuit ferro obvium offerre pectus , i would have dyed first . — quid non mortalia pectora cogis auri sacra fames ? what doth not gold , more sacred to them than their oathes , compel mortals to atchieve ? vid. . eli. cap. . that the kings power is above the law , is demonstrated by reason , and proved by authority . in the beginning were no laws , but the kings will and pleasure . adams absolute power . the king can do no wrong . it is better and more profitable that one king , than many tyrants do what they lift with us . the king hath no judge but god. that place in learned bracton , which bradshaw and others used as an authority to kill the king , explained , and their damnable opinion and false commentary upon him confuted . the king is bound to observe gods law , yet absolute king. that god not the people instituteth kings , and that the house of commons which is but the tail of the parliament , nor any whole parliament , can have power over the king , or disinherit him . having made it evidently manifest , that the king hath the supreme power and soveraignty over the people , i will now ascend a step higher , and make it as manifest , that he hath the supreme power and soveraignty over the laws , as well , as over the people . quidvis facere , id est regem esse , saith salustius , to do what one will , is to be a king ; cui quod libet , licet , qui legibus solutus est , qui leges dat , non accipit , & proiude , qui omnes judicat , a nemine judicatur . to whom it is lawful to do what he lift , without punishment by the people . who is freed from the fetters of the law , who giveth laws , and receiveth laws from none , who judgeth all men , and himself is judged by none , and this is the true definition of a king , warranted in holy writ , by the example of all kings , by the prophets , by the apostles , by the holy writings of multitudes of men , by the fathers of the church , by the true orthodox clergy , by the law of nations , and of nature . in the beginning , saith iustin . populus nullis legibus tenebatur , sed arbitria regum pro legibus erant ; the people were kept under by no laws , but the will of their kings was the only law they had ; which i find verifyed in the first king which god made , adam , whose power was absolute , for in his commission he had from god , there is no limitation , gen. . . be fruitful and multiply , and replenish the earth , and subdue it . and have dominion over the fish of the sea , and over the fowl of the air , and over every living thing that moveth upon the earth . here is no command , that he shall not make a law without the consent of a parliament ; that he shall receive so much tribute of his subjects , and no more ; the king is not here prohibited to have a negative voyce , or tyed up with any law of his subjects ; he is to give laws , not to receive them ; what his will leadeth him to , that may he do , which is all included in this word , dominare , have dominion . but go a little further , and see his majesty upon his royal throne , where ( with reverence be it spoken ) you may behold the almighty doing more obedience to the king , than his vassals do in these our dayes , gen. . . and out of the ground the lord god formed every beast of the field , and every fowl of the air , and brought them unto adam , to see what he would call them ; and whatsoever adam called every living creature , that was the name thereof . the lord god formed every living thing , but adam must give them names ; the lord god brought them to him , but it was but to see what he would call them : for whatsoever adam was pleased to call every living creature , that was the name thereof . so that hitherto , there was no law , but the will of adam the king to govern every living creature , ad libitum regis sonuit sententia legis . what adam pleased to command , that was presently obeyed . but let us make a further progress and explicate the soveraignty of king adam ; for as yet there was not found an help meet for him , but the lord god caused a deep sleep to fall upon adam , and he took a● rib out of his side , whereof he made a woman , and brought her unto the man ; and adam said , this is now bone of my bones , and flesh of my flesh , she shall be called woman , because she was taken out of man. the lord god made the woman , but it was of one of adams bones , and adam must give her a name ; nay adam must make a law concerning her , for , therefore shall a man leave his father , and his mother , and shall cleave unto his wife , and they shall be one flesh ; which law continueth still , and shall do for ever ; for there shall be marrying , and giving in marriage until the end of the world ; therefore justine doth prove a true historian , when he saith , in the beginning , arbitria regum pro legibus erant , there was no law , but the kings will : for you may read of many kings before moses his time , as of nine in one chapter , gen. . , . but moses was the first that ever writ laws , or invented letters as we can finde ; then what laws could those nine kings use , and all the kings from adam , until moses , but their own wills ? and god gave moses the power of governing the people , before he gave the law , and moses administred justice to every one , according to his pleasure ; so did joshua , and saul , and all the kings after them ; and if the king governeth with the law , which is derived from him , which is most certainly true , then undoubtedly the king is above the law . for propter quod unumquodque tale , ipsum magis tale , that by which any thing is made such or such , is in it self much more such or such . but the king maketh the law ; ergo , the king is much more above the law. the laws are the reigns with which the king governeth and guideth the people ; how can the charioter rule his horses , if he hath not the free use , and power over the reigns ? and by what means can the king rule , and direct his people , if he hath not the supreme power over the laws ? with which he is to guide them , not they him . if the law be equal in power with the king , then why doth the king pardon those , whom the law condemneth , alter the old laws , and make new laws ? for par in parem non habet imperium , every boy can tell that a man hath no power to command his equal ; but suppose the laws should be equal or above the king , who should put these laws in execution ? the people cannot , because ( as i have already shewen ) they are inferior to the king , and contra rationem est contraque naturam , superiorem ab inferiore judicari , saith barclay , it is against reason and nature , that the superiour should be judged by the inferiour . therefore though nothing can be so true and plain , but that subtle sophisters , by sinister and false interpretations , and glosses , will make it obscure ; yet it is an inviolable truth , that the king is above the law , and therefore rex non potest facere injuriam , the king can do no wrong , for ubi non est lex , ibi non est transgressio , quo ad mundum , where there is no law there is no transgression , as to the world . quisquis summum obtinet imperium , sive is sit unus rex , sive pauci nobiles , vel ipse populus universus , supra omnes leges sunt , ratio haec est , quod nemo sibi feret legem , sed subditis suis , se legibus nemo adstringit , saith saravia , de imperand . autor . li. . c. . every governour , let the government be monarchie , aristocracie , or democracie , is above all the laws ; for no man can impose laws on himself , but on his subjects , and no man can bind himself to keep his own laws , because as barclay saith , quod neque suis legibus teneri possit , cum nemo sit seipso superior , nemo a seipso cogipossit , & leges a superiore tantum sciscantur , denturque inferioribus ; no man can be bound by the laws he makes himself , because no man is above himself ; neither can any man be compelled of himself ; and laws are only made by superiours , and given to inferiours . cujus est instituere ejus est abrogare , he which maketh any law may abrogate it when he pleaseth . it is not possible for any government to be without arbitrary power ; most men of a late edition allow it in aristocracy , and democracy , why then not in monarchy ? if it be tyranny for one man to govern according to his will ? why should it not be far greater tyranny for a multitude of men to govern , how they please , without being accountable , or restrained by law ? but though silent leges inter arma , yet rex est viva lex , as our books say , the king is a living law , indigna digna habenda sunt , rex quae facit , those things which are unlawfull for the subject , are lawfull for the king to do . imperatorem non esse subjectum legibus qui habet in potestate alias leges ferre , saith b. augustine . the king cannot be subject to the laws , because he hath power to make other laws . what then ? after he hath established a law , that his subjects shall quietly injoy their estates , may the king legally without offending god , take away their estates , and break that law ; because his will is a law ? i answer he may . but distinguenda sunt tempora & causae . the king hath a conscience aswell as another man , which must be ruled according to gods law and equity ; otherwise god to whom vengeance only belongeth , will judge him . it is lawful for the king ad supplendam reipub . necessitatem , & supportandam regiam majestatem , to supply the necessity of state , and to support his royal majesty , notwithstanding any former law , to take away the estates of his subjects , without their leave , and that legally too , because in that case his will makes a law. and therefore doth the common law of england allow him many prerogatives , which to explain would require a volume of it self , and are very copiously in our law books demonstrated . but the summe of them is , the king upon just cause may do what he please , both with his subjects , and their estates , and no body is to be judge , whether that cause be just or no , and take vengeance , but only god & his own conscience , if it be unjust , habet deum judicem conscientiae , & ultorem injustitiae , he hath god the judge of his conscience , and the revenger of his injustice . and satis sufficit ei ad paenam , quod dominum expectet ultorem , it is punishment enough for him to think that god will take vengeance on him , saith bracton ; doth bracton say so ? why there are some a amongst us , who make bracton the only instrument , and authority to kill kings . but to vindicate the law , and reverend bracton ; i will make bold to tell them ( for veritas audentes facit , truth makes a man bold ) that they belye bracton , and scandal the law , and their profession ; and that it may appear , it is not my opinion only , i will recite that warrant out of braston , li. . c. . fol. . which they build upon , and the answer to it of the lord bishop of osory , a man worthy of eternal renown , both for his law , learning , and religion ; for saith he , yet because this point is of such great concernment , and the chiefest argument they have out of bracton , is that he saith , rex habet superiorem , legem , curiam suam , comites , barones , quia comites dicuntur , quasi socii regis , & qui habet socium habet magistrum ; & ideo si rex fuerit sine fraeno , id est , sine lege , debent ei fraenum ponere , nisi ipsimet fuerunt cum rege sine fraeno , and all this makes just nothing in the world for them , if they had the honesty , or the learning to understand it right . for what is above the king ? the law , and the court of earls and barons ; but how are they above him ? as the preacher is above the king , when he preacheth unto him , or the physician when he gives him physick , or the pilot , when he sayleth by sea , that is quo ad rationem consulendi , non cogendi , they have superioritatem directivam , non coactivam . for so the teacher is above him that is taught , and the counseller above him that is counselled , that is , by way of advice , but not by way of command , and to shew you that this is bractons true meaning , i pray you consider his words ; comites dicuntur quasi socii , they are as fellows or peers , not simply , but quasi ; and if they were simply so , yet they are but socii , not superiours ; and what can socii do ? not command ; for par in parem non habet potestatem , that is praecipiendi ; otherwise you must confess , habet potestatem consulendi ; therefore bracton adds , qui habet socium habet magistrum , that is a teacher , not a commander ; and to make this yet more plain , he adds , si rex fuerit sine sraeno , id est sine lege , if the king be without a bridle , that is , saith he , ( lest you should mistake what he means by the bridle , and think he means force and arms ) the law , they ought to put this bridle unto him , that is to press him with this law , and still to shew him his duty , even as we do both to king and people , saying , this is the law , this should bridle you ; but here is not a word of commanding , much less of forcing the king ; not a word of superiority , nor yet simply of equality ; and therefore i must say , hoc argumentum nihil ad rhombum : and these do abuse every author . so much the bishop , and i think this answer will satisfy every reasonable man ; and i add further , that it would be very strange that bracton should say in this place that the king hath a superiour , when he denyes it in several other places of his book , and presseth it with arguments that he hath not , saying , omnis quidem sub eo , & ipse sub nullo nisi tantum sub deo , all are under the king , and the king under none but god. rex non habet superiorem nisi deum , the king hath no superiour but god , nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire , let no man presume to dispute against the kings actions , much less withstand his actions with force and arms , and rebel against him , fol. . ipse autem rex non debet esse sub homine , sed sub deo , the king is under none but god , exercere rex debet potestatem sicut dei vicarius in terra & minister , quia ea potestas solius dei est , the king ought to exercise power , as the vicar and minister of god , because he receiveth his power from god only . therefore they who would fain have bracton say that the law and the people are the kings superiours , would make him as uncertain as themselves , and do very much abuse that venerable author ; and no man can finde so much as scintilla legis , a spark of law in all the law books , that ever the people or law were above the king , so as to punish him ; and doubtless if there had been any such thing , the learned lawyers would have reported it to posterity ; and a non usu valet argumentum . but they all unanimously resolve and report the contrary . reader , i would not have thee imagine , as some men through malice , or ignorance , do most impudently assert , that when we say , the king is absolute and above the law , that thereby is intended , that the king is freed from , and hath power to act against gods laws , when he pleaseth . no , this is but their false glosse and interpretation , for , non est potentia nisi ad bonum , hability and power , is not but to good ; there is no power but what is from god , and therefore no mortal man can have a power to act against god ; to sin , and break gods commandements , is impotency , and weakness , no power ; for the angels which are established in glory , do far excel men in power , yet they cannot sin . the law of god is above the king , and he is bound to god to keep it ; yet neverthelesse he is an absolute king over men , because god hath given him the supreme power over them , and hath given no power to men to correct him , if he transgresse : but god only whose law only he can transgresse , can call the king to an account . hoc unum rex potest facere , quod non potest injuste agere , the king only is able , not to do unjustly , is a rule in commonlaw , and the reason is , because the people do not give laws to the king , but the king only giveth laws to the people , as all our statutes , and perpetual experience hath taught us . therefore how can the king offend against the laws of the people , or be obnoxious to them , when they never gave him any laws to keep , or transgresse ? and then how can the people punish him , who never offended their laws ? therefore the king must needs be absolute over the people , and only bound to god , not to the people , to keep those laws , which god , not the people gave him ; and as god is above the laws , and may alter them at his pleasure , which he gave and set over the king , so is the king , above , and may alter at his pleasure , those laws which at his pleasure he gave & set over the people ; still observing that he is free from all laws , quo ad coactionem , in respect of any coaction from the people , but not quo ad obligationem , in respect of obedience to god , by his obligation . therfore well might solomon counsel us to keep the kings commandement , saying , eccles . . . i counsel thee to keep the kings commandement , and that in regard of the oath of god. be not hasty to go out of his sight , stand not in an evil thing , for he doth whatsoever he pleaseth . where the word of a king is , there is power , and who may say unto him what d●st thou ? these words are the words of god , which king solomon did speak by infusion of the spirit ; in which you may see that the king doth what he pleaseth . and we are commanded not to stand in an evil thing , that is according to iunius and tremel : translation ; perturbatione & rebellione , quae tibi malum allatura esset , ageret tecum arbitratu suo , sive jure , sive injuria . we must not murmur , and rebel against the king , though he deal with us unjustly . he may be just , when we think he is unjust ; the kings heart is in the hands of god , the searcher of all hearts , as the rivers of water , not in the hands of the people ; therefore god , not the people , can turn it whether soever he will. prov. . . king david was , filius dei , non populi ; the son of god , not of the people , psalm . . it was god who made him higher than the kings of the earth , verse . not the people . he was neither chosen of the people , nor exalted of the people ; for i have exalted one chosen out of the people , saith god , verse . the exaltation was gods , and the choice not of , but out of the people ; for i have found david my servant , with my holy oil have i anointed him , saith god , verse : kings are the children of the most high , not of the people , psalm . " therefore who can say unto the " king , what dost thou ? if the people of england have power to depose and make kings , why are they usurpers , who by the power of the people destroy the lawfull king , as did richard the third , and by the consent of the people , established himself in the government ? they are kings , de facto , but not , de jure , as all our books agree ; for the people have not the soveraignty , but the king. surely the people of england thought so , when by act of parliament they ordained that none should be capable to sit in parliament , before they had sworn it , vide eliz. . eliz. . jac. . and i am sure that the breaking of the oath , can give the parliament no new authority . it is declared by the lords and commons in full parliament ( rot . par. e. . nu . . lex & consuetudo parliamenti . inst . . ) upon demand made of them on the behalf of the king , that they could not assent to any thing in parliament that tended to the disherison of the king , and his crown , whereunto they were sworn . and it is strange to think that the house of commons , which is but the tail of a parliament , should have that power , which both lords and commons had not . but since there can be no parliament without the king , inst . , . . . we may conclude , that these men being traytors , rebels and tyrants , will take upon them to do any thing . defensive war , against the king , is illegal , or the great question ( made by rebels , with honest men no question ) whether the people for any cause , though the king act most wickedly , may take up arms against their soveraign , or any other way by force or craft , call him in question for his actions ; resolved , and proved by the law of god , the law of nations , the law of nature , the laws of the realm , by the rules of all honesty , equity , conscience , religion , and piety ; by the example and doctrine of our saviour christ , all the prophets , apostles , fathers of the church , and all pious saints and holy martyrs , that the peopl● can have no cause either for religion , or laws , or what thing soever , to levy war against the king , much lesse to murther him , proved in adam . the manner of the government of the king , gods steward , and stewart , when he cometh described , the bishops , lords prayer , and common prayer book , must then be restored , with their excellencies now abused . he will lay down his life , before he will betray his trust , and give his account to any but god , as did our last great stewart , his father . the blessednesse of the people , when the king shall come and rule over them declared ; his majesty . the christians duty towards their king laid open , and warranted by the death and sufferings of christ , and multitudes o● christians . the madnesse of the people in casting o● the government of a gracious king , and submitting to a multitude of tyrants ; and the dreadfull events , if the tyrants do not restore the king to his own again . the murder of the late king charles , is proved to be most illegal ; and how the rebels use the liberty of the people , only as a cloak for their wickednesse , and their knavery discovered , in pretending the supreme power to be in the people , whereas they use it themselves , and so tyrannize over us . the laws of england described , and proved that our soveraign charles the . was unjustly killed , against the common law , statute law , and all other laws of england . we have already clearly proved , that kings are by divine institution , that they have their power from the heavens , and not from terrestrial men , and that their power is above the people and laws ; we are now come to see whether the people the kings subjects have power to destroy and put assunder , that which god hath thus created and joyned together . it is a sound conclusion , which naturally and of necessity floweth from the premisses , that they have not , and having shewed , . that god made the first king adam , in paradise . . that there he received his regal power from god , not from the people . and . that there he arbitrarily made laws , according to his will , where he had reigned a monarch for ever , as divines hold , had not he transgressed . let us now see what became of him after his transgression ; for king adam did transgress , and he must give an account of his stewardship . but to whom must he give his account ? to man he cannot , for the king hath no superiour on earth . therefore he must to god , who in the th . verse of gen. cap. . challengeth his praerogative ; and the lord god called unto adam , and said unto him , where art thou ? no sooner did adam hear god call , but he presently gave an account of himself , saying , verse the . i heard thy voyce in the garden , and i was afraid , because i was naked , and i hid my self . where note , that god taketh an account chiefly of the king for his subjects offences ; the king is gods steward , and god will reckon with him , god sent him from paradise , out of the garden of eden , to till the ground ; therefore that he may make a good account , he must parcere subjectis & debellare superbos , cherrish the flowers , and root up the weeds ; he must be a nursing father to his loyal subjects , but he must batter down the swelling pride of traytors . the true protestant religion must florish as the best flowet in his garden ; but the anabaptists , independents , presbyterians , papists , jesuits , and other wicked sectaries must be pulled up as weeds , lest they overspred , and choak the good flower ; they must be extirpated by the root whilest they are young , lest the● grow up and seed , and their seed be sowen up and down in the whole world. he must set the bishops again in their natural soyl , which is now grown over with these weeds , and rubbish , that , that stone which these new builders refused may become the head stone of the corner , and the bishops lands , which they did not refuse , must be given to the church again . the common prayer book , now rejected as fit for none , but the use of papists , he must bring in , and make those papists read it , who now reject it , as popery , for no other cause , but that there is no popery in it . he must turn the horses , and other unclean beasts out of his sanctuary , now made a stable , [ st. pauls , &c. ] and put in holy bishops , and reverend pastors in their room ; and since our saviour hath commanded it , he must make the lords prayer current amongst us ; that our ministers may leave off piping what they list , and pipe the true tune , which the lord of life , the best musician taught them that all gods people may dance ; for how can we dance when the instrument is out of order , and the wrong tune is piped ? good god! what a superstitious and papistical age do we live in ? when we account it superstition and popery to say the lords prayer , & the common prayer , the ordinary means of our salvation ? o blessed iesus ! hast not thou commanded us not to use vain repetitions ; but when we pray , to pray thus , our father , & c ? dost not thou know what we want better than our selves ? and hast thou not prescribed us a set form of prayer to ask it with ? and shall we cast thy prayer behind our backs , and presume to come before thee without it ? are we wiser than the lord of life , or is there any nearer way to heaven , than that which he hath taught us ? shall we present the lord with our own husks , and trample on the manna which he hath prepared for us ? is there any other spirit to teach us to pray , than the spirit of the lord , which taught us in his gospel ? when we petition to any of our superiours on earth , then we premeditate , and cull out filed and curious words , worthy of his personage : but when we should pray to the almighty , then any thing which lyeth uppermost is shot out at him , like water out of a squirt , and what pleaseth our foolish phantasies , that we pretend to be the spirit of the lord. o god arise , vindicate thy own cause ; let not the soul of thy turtle dove be given into the power of the wicked , for how is the mother reviled by her children ? and it grieveth thy servants to see her stones lye in the dust . but , rege venienti hostes fugierunt , it is gods steward , otherwise called stewart , with must remedy all this , he must turn our spears into pruning hooks , and our swords into plow-shares , and so consequently our sword-men into plow-men ; the love of his subjects must be the magazine of his artillery , and their loyally , and obedience , must be their chiefest good and honour . o fortunatos nimium sua s● bona norint , o happy multitude , if they did but know their summum bonum , their chiefest good ; which is loyalty and due obedience to their soveraign . for he will not break the charters of their corporations , nor invade their rights , and liberties . he will not distrain for excessive taxes , nor impose great burdens on his subjects . the law shall be to him as the apple of his eye , and the true protestant religion , as his dearest heart . learning shall florish , and the vniversities shall not be destroyed . he will not murder the prophets , nor massacre the citizens before their own doors . he will not contrive plots with his impes , and emissaries , to catch honest men with their estate . justice shall run down the streets like streams , and peace shall make the land flow with milk and honey . every man shall eat the fruits of his vineyard , under his own vines : and enjoy the presence of his family , with the absence of a souldier . he will not build up his throne with bloud , nor establish his royal state with lyes , and dissembling . flatterers will he abandon from his court , and those who keep other mens estates , will he banish from his realm . but suppose that he should eat of the forbidden fruit , do what was right in his own eyes , and evil in the lords , to whom shall this great steward give an account ? shall he give his account to the inferiour servants of his lord ? that would be an audacious and wicked attempt of them . a high prejudice to the lord , and a great dishonesty and disgrace to the steward in his office. for the lord would be extremely offended . the inferiour servants severely punished , for exacting an account which only belonged to their lord ; and the steward would be dismissed of his stewardship as dishonest , and unfaithful . therefore every just and pious steward will dye , before he will so much wrong his lord and master of his right , as to give an account of his stewardship to them , to whom it doth not belong : and although they are so unjust and dishonest to require it ; yet he will give them his a life , before he will be corrupted . for he is accountable to none but unto the lord , who will require it as his due ; for the lord called unto adam , and said unto him , where art thou ? and he said , i heard thy voyce in the garden , and i was afraid , because i was naked , and i hid my self . but what , is this all ? must the king give an account only of himself ? no , he must answer for his subjects too . of him to whom much is given , much shall be required . for adam said , the woman whom thou gavest to be with me , she gave me of the tree , and i did eat . where note , that the subject may cause the soveraign to sin , and the sin of the subjects often times pulleth down judgments on their soveraigns head , aswell as on their own , and the king must be their accomptant . eve first sinned , but adam must be first called in question . yet he was a king , and therefore none must call him in question but god , who only was his superiour . but when adam fell , did not his soveraignty fall with him ? no , adam was a king after his fall , and had his soveraignty confirmed to him by god for ever . for gen. . . and thy desire shall be to thy husband , and he shall rule over thee , so that adam did still retain his superiority . but was not this soveraignty personally fixed in adam , and so dyed with him ? no , god did declare it transmissible from adam , to the first born . for gen. . . god said to cain the first born , speaking of his younger brother abel , sub te erit appetitus ejus , & dominaberis ei , unto thee shall be his desire , and thou shalt rule over him . so that from adam it doth appear , . that kings are ordained by god , not by the people . . that god gave them their regal power . . that that power is above the laws . . that they have no superiours but god. and . that god only hath power to call them in question , and punish them if they offend . for — crimine ab uno disce omnes : from that one great offence which adam the king committed , and was not accountable , neither did he account with any , but with god , lea●n all , that the king cannot commit any offence so great , as to give his subjects just cause to call him in question , or to take up arms , and with force to resist him . which i shall prove with luculent authorities , and pregnant examples , both human and divine . i think it is received by all for a truth , that the king is pater patriae , the father of his country , maritus reip : the husband of the commonwealth , and dominus subditorum , the master of his subjects . i remember that roffensis de potestate papae , asketh this question , an potestas adami in filios ac nepotes , adeoque omnes ubique homines , ex consensu filiorum , ac nepotum dependet , an à solo deo ac natura profluit ? whether the power of adam over his children and nephews , and so over all the men in the world , doth depend on their consent , or whether it doth not flow from god and nature ? i have already made it clear , that his power doth not depend on their will and consent , but is instituted by god and nature . if so ? then i ask this question , whether the sons of adam have any power either from god or nature , violently to resist and oppose the king their father ? which question , i conceive , may be as truly resolved , that they have not . for first , there is nothing so fairly written , and so deeply impress'd in nature , as obedience : you may see it in every creature ; every brute beast will teach you the obedience due from children to their parents , and the soveraignty of the parents over their children . vipers indeed will destroy their parent ; but it is a monster in nature , and therefore not imitable by any , but those of a viperous brood . behold the natural love and obedience of the pious storks towards their parents , who feed their feeble and impotent parents , when they are old , as they fed them being young : and lest obedience should lose a reward , the ae●yptians so esteemed this bird , that they laid a great penalty on him that should kill it . you may read of many beasts and fowls , that with bloudie strokes will beat away and banish their young from them ; but so great is the natural love & allegeance of their young , that ( as if it had been high-treason for them so to doe ) they will not so much as resist their parents , but flie from them ; teaching every subject his true obedience towards his soveraign , and that in this case only when the soveraign would unjustly punish him , it is most honourable , and the greatest argument of a valiant man , to run away . would not it be a most hideous and detestable thing for a son to murder his own father ? nay , suppose the father should draw his sword at his son , would that be a just ground for him presently to run in upon his father and stab him ? surely i think every mans nature will teach him to speak better things than these , and to be so far from approving it ; that he will account nothing more horrible , and worthie of so much punishment , pater quamvis legum contemptor , quamvis impius sit , tamen pater est . patri vel matri nullo modo contradicere debemus , dicant , faciant , quae volunt , saith origenes , we ought to contradict our father or mother by no means , let them say or doe what they please ; for be they good or bad , they are our father and mother . but behold a greater than thy father is here , it is thy king : whose sword commandeth fear , whose crown importeth honour , whose scepter requireth obedience , whose throne exacteth reverence , whose person is sacred , his function divine , and his royal charge calleth for all our praiers . o quam te m●morem virgo ? namoue haud tibi vultus mortalis , nec vox hominem sonat , o dea certe ! o king , with what terms of honour shall i style thee ? is it lawfull to call thee a man ? the almighty hath said , that ye are gods , and i will not say that ye shall die like men . the radiant beams of your countenance declare you more than mortal ; for in the light of the kings countenance there is life , saith solomon , prov. . . neither is their voice like the voice of other men , for a divine sentence is in the lips of the king , and his mouth transgresseth not in judgement , prov. . . therfore i will conclude , that the king is a sacred deitie . a day in his courts , is better than a thousand , i had rather be a door-keeper in the house of the king , than be a protector , &c. and reign in the tents of wicked traytors . for the kings throne is established by righteousnesse and mercy , but traytors reign by their villanies , and raise themselves up by the bloud and downfall of their superiors . but god hath given his judgements to the king , and his righteousnesse unto the kings son , and he will judge the people with righteousness , and the poor with judgement . therefore kiss the son lest he be angry , and ye perish from the way , when his wrath is kindled but a little , blessed are all they that are trusty and faithfull unto him . i counsel thee to keep the kings commandment , and that in regard of the oath of god ; be not hasty to go out of his sight : stand not in an evil thing , for he doth whatsoever he pleaseth . rejoyce greatly , o daughter of zion , shout o daughter of jerusalem , behold thy king cometh unto thee , he is black , but comly , he is just , and will be a nursing father to the people , & his queen shall be a nursing mother , for god hath made him our king ; and our king cannot be made glad with our wickedness . but our lies and hypocrisie , grieve him to the heart . the king by judgement shall establish the land. it is abomination to kings to commit wickednesse , neither is it for kings to drink wine , mercy and truth preserve the king , and his throne is upholden by mercy . therefore thrice happy would the people be , if they did not rebel against the lords anointed , who is righteous and pious , for when the righteous are in authority , the people rejoyce , but when the wicked beareth rule , the people mourn . rebellion is as the sin of witchcraft , and stubornnesse is as iniqvity , and idolatry , and an evil man only seeketh rebellion . therefore a cruel m●ssenger shall be sent against him , for if ye rebel , ye shall be devoured . therefore rebel not against the lord , nor the king. but when he cometh , salute him , hail king ; but not of the jews , for you professe yourselves christians ; therefore learn of christ obedience to the king. but s●ppose you were jews , the jews abound with reverence to their king , and loath to be so wicked , as to murther their king. for when pilate said , behold your king , shall i crucify your king ? they answered , we have no king but caesar , accounting it a most barbarous and worse than jewish act , for any people to crucifie their king , though in a way of publique justice . therfore even of the jews let christians learn their duty to their king , and rejoyce at his coming , as the bribe doth , at the approach of the bridegroom . the husbandmen indeed , in the gospel , killed the servants , and when the son came to demand the fruits of his fathers vineyard , they conspired against him , and said , this is the heir , come let us kill him , and the inheritance shall be ours . but they were wicked , and their judgement and doom was , miserably to be destroyed , to have their vineyard taken from them , and to be let out to others who would yield better obedience , and render the fruits in their seasons : therefore let all men take heed , that they doe not perish in the gainsaying of core , and with those wicked idolaters , isa . . . curse their king and their god , and look upwards . whose reward is hell , where the devil shall curb them , and rule over them for ever , because they would not let their king whom god placed over them be , as in truth he was and is , their only lawfull soveraign . it is so well known to every one who knoweth any thing , how the heathens did honour their kings as gods , not onely when they were dead , but also whilst they were living , that it would not only be losse of inke and paper , but also expence of time , which is better , to relate the particulars . but ( pudet heu ) their obedience and allegiance may shame , aswell as be a pattern to the christians of our age , who wander so far from the path their lord and master went in . and if any one be desirous to know how god hath alwayes esteemed of kings , and with what reverence gods people have alwayes obeyed them , i refer him to the bible ; where ( i may with confidenee speak it ) there is no duty more commanded , and prest upon the people , than obedience , and no sin so much punished as treason and rebellion . and the chiefest end of their obedience to the king , is not only for god his glory , and the kings honour , but also for their own good , praise , and profit . for , for this cause did the apostle exhort the people , to pray for kings , and all that are in authority , that we may lead a quiet and peaceable life , for this is good and acceptable in the sight of god our saviour , tim. . . o melilaee , deus nobis haec otia fecit . virgil could tell that the welfare of the king brought tranquillity , and peace upon the land , and therefore he calleth him a god ; nay , he will therefore honour him as a god , namque erit ille mihi semper deus , saith he ; and i fear his allegiance and due obedience will rise in judgement , to condemn many who profess themselves christians , yet by their actions are worse than infidels , who judas like pretend loyalty to their soveraign , whilest they plot and contrive with a kisse to betray him ; but judas hanged himself , and if these men do not hang themselves , it is a great mercy beyond their deserts , if some body else do not do it for them , before they live out half their dayes . for in the fifth commandment , which as divines hold is most obliging , we are commanded to honour our father and mother ( by which words are meant kings , princes , and other magistrates , ) that our dayes may be long upon the land which the lord our god giveth us , which is the first commandment with promise , as st. paul observes , ephes . . . but this promise is not absolute , lt is upon this condition , that we honour and obey our soveraign , and if we do not perform our parts , god is not tyed to perform his . if we break his commandments , he may well break his promise , which was made only on that condition that we should obey , and if we had loved him we should have kept his commandments ; but whosoever breaketh one one of them , it were better for him that a milstone were hanged about his neck , and that he were drowned in the depth of the sea. therefore he who getteth a kingdom by the breach of gods commandements , hath no cause to bragg of his gettings ; for what will it profit a man to lose his own soul , and to gain the whole world ? let every one be subject unto the higher powers ; for there is no power but of god ; the powers that be are ordained of god ; whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist shall receive damnation , saith st. paul , rom. . . behold here , the duty of a subject , and the reward of a rebel . there is no power hut of god , saith the text ; therefore he that resisteth the king , resisteth the ordinance of god , for which he shall receive damnation . what then ? if an unjust king robb us of all we have , ravish our wives before our eyes , dash out our childrens brains against the wall , set up idolls , and command us to worship them ? may we not resist him ? nonne oportet deo magis obedire , quam hominibus ? ought we not to obey god rather than man ? i answer , that ye ought to obey god , rather than man ; yet may you not with violence resist your king. we must not do evil , that good might come thereon . god hath in many places commanded us to obey , and pray even for the worst of kings . yet you cannot finde so much as a spark of warranty , for any subject , either magistrate or private man , to rise against his soveraign , in the whole bible , or to call him to an account for any of his actions ; god hath reserved that to himself , as his own peculiar prerogative , magistratus de privatis , principes de magistratibus , deum de principibus judicare , saith m. aurelius , magistrates are to judge private men , kings are to judge magistrates , but none are to judge kings but god. the only means which subjects have to reform kingdoms , is that which the apostle prescribeth , tim. . . let prayers , saith he , and supplications be made for kings , and all that are in authority , that we may lead a godly life . prayers must be the only weapons of subjects against their kings ; let them look into their own breasts , and reform their own hearts , which many times are the only causes of a judgement on the nation ; let them amend their own lives , and with fervent supplications implore him , ( who hath the kings heart in his hand , and turneth it whithersoever he will ) to reform the king according to his desire . christiani hominis esse patienter ferre potius , quicquid injuriarum ac molestiarum infertur , quam ut adigi se sinat ad peccandum contra deum , it is the part of a christian , rather to suffer patiently what injury or persecution soever is laid upon him , than to offend god , saith stephanus szegedinus , interea tamen non esse illicitum , si quis vim injustam , vel avertere , vel fugere , vel aliquousque mitigare possit , modo id fiat rationibus haud illicitis ; quod si id fieri non potest , cavebit christianus , ne illatam vim contrariâ violentiâ retundere conetur , sed tolerabit potius omnia , nec de vindicando se cogitanit , sed vindictam j●sto judici permittet , saith the same author ; yet it is not unlawfull if a man can , to avert an unlawfull violence , to flie from it , or otherwise mitigate it , so he doth not doe it by unlawful means ; but if he cannot do it by lawful means , a christian will take heed , and not endeavour to repell an unjust violence offered , with an unjust force : no , he will rather suffer all things first ; neither will he so much as think of revenge , but will leave that to god , the just judge , to whom vengeance belongeth . o vocem verè christianam ! o speech most worthy of a christian . if herod be wroth , and send forth , and slay all the children that are in bethlehem , and in all the coas●s thereof , so that there be lamentation , and weeping , and great mourning , rachel weeping for her children and will not be comforted , because they are not ; yet will he flie into egypt with our saviour , and stay there until herod be dead , rather than he will rebell against his soveraign , resist gods ordinance , & so damn his own soul . if saul send messengers to bring him up to him in the bed that he may slay him , or pursue him with . chosen men of israel , yet will not he put forth his hand against his soveraign , for he is the lords anointed : nay if it be in his power , and he is counseled to kill him , yet with holy david he will cry out , the lord forbid that i should doe this thing unto my master , the lords anointed , to stretch forth my hand against him , seeing he is the anointed of the lord. his heart will smite him if he cut off his skirts , but he will suffer all things before he will cut off his kings head ; for who can do that and be guiltless ? if the king persecute him in this city , he will flie into another . hee hath learned of his master to be subject to his soveraign , not only for wrath , but also for conscience sake . he is good , and the rulers are not a terror to him . the evil and wicked will murder their soveraign , for fear his justice should reward them with death , according to their deserts ; but he will not like those filthy dreamers , speak evil of dignities , and despise dominion , his tears are his arms , and patience his revenger . — levius fit patientia , quicquid corrigi est nefas : though it be unlawfull for him to gather soldiers with force & arms to correct , and take his soveraign from his evil counsellors , yet patience shall both assist , and give him the victory . st. ambrose and he are alwaies in one time , saying , i have not learned to resist , but i can grieve , and weep , and sigh , and against the weapons of the soldiers , and the gothes , my tears and my prayers are my weapons : otherwise , neither ought i , neither can i resist . if the king saith , god do so , and more also to me , if the head of this follow shall stand on him this day , and likewise send a messenger to cut it off : yet , with elisha , he will only shut the door against him , and offer no other violence , though it lie in his power . if a multitude come out with swords and staves against him , lay hold on him , and lead him away to the rulers who condemn him , and deliver him to the wicked soldiers to be crucified ; yet in imitation of his lord and master , he will say nothing , rather than revile them ; though they spit upon him , he will meekly wipe it off ; if they crown him with thorns , hee will patiently suffer it ; if they give him vinegar mingled with gall to drink , hee will tast it ; if they crucifie him , he will voluntarily spread forth his humble hands to be nailed on the crosse , and will not resist the higher powers , for the lords sake . if they saw him in pieces , he will remember that esaias suffered the same punishment . if they cast him into a dungeon , so was jeremiah the prophet . solamen miseris socios habuisse doloris . there is nothing so comfortable as to have companions in misery . if he be cast in to lions , so was daniel . if he be thrown into a fiery furnace , so were the three children . if he be thrust through the temples , so was amos. if he be slain in the porch of the temple , so was zacharias . if he be cast into the sea , so was jonas . if he be killed with the sword , so was vrias the prophet . if his head be cut off , so was john baptists . if he be fastned to the crosse , with his head downwards , so was st. peter . if he be crucified , so was st. andrew . if he be murdered with the sword , so was st. james , the son of zebedaeus . if he be thrown into a tun of boiling oil , so was st. john the evangelist . if he be beaten to death with clubs , so was st. bartholomew . if he be slain with a dart , or javelin , so was st. thomas . if he be beheaded , so was st. matthew . if he be crucified , so was st. simon . if he be slain , so was st. jude . if he be put upon a pinacle of the temple , thrown down , and after his fall , having breath , be knockt on the head , with fullers clubs , and brained , so was st. james the son of alphaeus . if he be first stoned , and then beheaded , so was st. mathias . if his head be cut off , so was st. pauls . if he be burned to ashes , by furious idolaters , so was st. mark. there is no punishment so dreadfull to his body , that shall cause his soul to break gods ordinance , to lift up his hand against his king , and so bring damnation to his own soul . occidi licet , occidere non licet , it is honourable to be martyred an innocent subject , but it is infamy to live a victorious rebel . preces & lacrimae sunt arma ecclesiae , church-men must use no other weapons against their soveraign , than prayers and teares . he that useth the sword , shall perish by the sword , and he that fighteth against his king , sighteth against god. for they have not rejected thee , but they have rejected me . saith god , that i should not reign over them : sam. . . and if god doth not rule over them , then the devil , who goeth to and fro in the earth , and walketh up and down in it , will puff up the heart of every sectarie , with the pride of ruling , and ever the prevailing faction , will set up an idol to worship , untill satan doth make another faction stronger than that , and then down goeth the former idol , and the idolaters with it , and up starteth another , altogether as wicked and uncertain as the other . christ never taught it , neither did ever any of the prophets or apostles , by their doctrin or example , give the least liberty that could be , to any subjects to levy war against their soveraign : but have forbid it , as a most detestable wickednesse , both by their doctrine , precepts , perswasions , arguments , commands and examples ; most of them suffering themselves to be most cruelly tortured , and ignominiously murthered , before they would resist the higher powers ; nay , they have forbiden all evil words or thoughts against them , commanding and instructing the people to pray even for the worst of tyrants . what tyrant more savage and cruel than nebuchadnezzar ? yet with what earnest expressions did the prophet jeremiah exhort the people to obey him , threatning them with utter destruction for their rebellion ? what tyrant more bloudy than nero ? that monster to the world , and idolatrous persecutor ; yet st. paul bids the romans obey and serve him for conscience sake . saul commanded the amalekite to kill him , who when he had performed the kings command , brought word thereof to david , which when david heard , although saul was a wicked king , he said to the amalekite , wast not thou afraid to stretch forth thine hand to destroy the lords anointed ? and commanded him to be slain for his pains , and said , thy blood be upon thy head , for thy mouth hath testified against thee , saying , i have slain the lords anointed , sam. . innumerous are the precepts of loyal obedience , to which fot brevity sake , i refer you to the bible , which is an iliad of such examples . could not our saviour have had more than twelve legions of angles , to have repelled the fury of his persecutors ? but he was so far from resisting , that he bid peter , who had drawn his sword , put it into his place , and moreover told him , that they that use the sword , shall perish with the sword. could not david have cut off s●uls head , when he cut off the lap of his garment ? yet his heart did smite him , and he was not able to perpetrate so great a sin . how many glorious martyrs , both antient and modern , as those in queen maries daies , have been burnt alive , racked and torn in pieces , yet never would resist any of their persecutors ? how dare the men then of our age , blaspheme god , even in their pulpits ? teaching the people to rebell , and making god the author of all their villanies , telling the multitude , it is gods cause , even when they are acting the most damnable works of the devil . how justly may they expect the punishment of sodom and gomorrah , the plagues of egypt , and all the curses in hell to fall upon them and their posteritie for ever ? if they have any special command from god , or be immediately inspired of him to kill their king , then may they be justified , as in the cases of eglon , zimri , jehu , &c. who did nothing but what was just , when they killed the lords anointed , because they had gods will to be their commander , and no man can sin in performing gods will : for , sin is nothing but an obliquitie from gods will. but when they know that it is gods will , to honour and obey their soveraign , yet notwithstanding trample him in the dirt ; what judgement can they expect but that of their master lucifer , to be chained in everlasting hell fire ? qui disputat de potestate principis , utrum bene fecerit , est infamis , saith marginista . he which disputeth of the kings power , or whether he doth well or no , deserveth the most infamous punishment . for , tibi soli peccavi , against thee , thee only have i sinned and done this evil , o lord , saith holy david , when he committed adultery , and , psal . . . murther , as if he should have said , i am a king , and therefore cannot be brought to the bar of justice by men ; they can give me no laws to bind me , therefore i cannot offend them . sam. . . but against thee , thee only , o lord have i sinned , and done his evil , against thee , who didst raise me out of the dust , and liftedst me needy out of the dung-hill , and didst ●noint me king over israel , and deliveredst me out of the ●and of saul , and gavest me my masters house , and my masters wives into my bosome , and gavest me the house of israel & judah , & if that had been too little , thou wouldest moreover have given unto me such and such things . against thee , who hast made me judge over all , and loaded me with so many prerogatives above my brethren , have i sinned , and for the judge to offend makes the offence so much the more grievous . the people did not call david in question for his wicked acts , but only god. deus suam omnem in reges authoritatem contulit , caelum sibi retinuit , terram agendam , ferendamque pro libito tradidit , all the whole heavens are the lords , the earth hath he given to kings , to dispose of as they please . therefore saith solomon , prov. . . a king is he against whom there is no rising up . and therefore job might well ask that question , . . is it fit to say to a king , thou art wicked , and to princes , ye are ungodly ? for presumptuous are they , and self-willed , who are not afraid to speak evil of dignities , pet. . render to caesar , the things that are caesars , mark . . render therefore to all their dues , tribute to whom tribute is due , custome to whom custome , fear to whom fear , honour to whom honour . for rulers are not a terrour to good works , but to the evil ; wilt thou then not be afraid of the power ? do that which is good , and thou shalt have praise of the same : for he is the minister of god , to thee for good . but if thou do that which is evil , be afraid : for he beareth not the sword in vain ; for he is the minister of god , a revenger to execute wrath upon him that doth evil . wherefore ye must needs be subject , not only for wrath , but also for conscience sake ; for , for this cause pay you tribute also . for they are gods ministers , attending continually upon this very thing , rom. . submit your self to every ordinance of man for the lords sake , whether it be to the king as supreme , or unto governours , as unto them that are sent by him , for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing , you may put to silence the ignorance of foolish men , as free , and not using your liberty for a cloak of maliciousness , but as the servant of god. honour all men , love the brother-hood ; fear god , honour the king. we are commanded to obey the king , whether he be good or evil , propter deum , for the lords sake ; not only because it is the will of the king , but because it is the will of god , that we should do so , he hath commanded it , and therefore for his sake we must do it ; if we resist the king , we resist god , and he that resisteth god , shall receive damnation . for when we pretend that we are free born subjects , that the kings commands intrench upon our liberty , and that for the freedom of our liberties , we may rebel against him , this is to make liberty a cloak to cover our maliciousness , and wicked designs against the king , which is forbidden by the apostle ; for not to serve the king is bondage , and to rise up against him to preserve and keep our liberties , is to enslave our selves to the devil , and to make us his servants to perform all wicked actions ; for we must needs be subject to the kings precepts , not only for wrath , but also for conscience sake . et si plures sunt quos corrigit timor , tamen meliores sunt quos ducit amor ; although they be most whom fear makes obedient ; yet they are best who out of true love obey their soveraign . we must not obey the king only , that we may avoid giving of him offence , and so not incurr punishment ; but it is a duty laid upon our consciences so to do , and if we love god , we must love as faithful servants to be obedient unto the king , not as eye servants , who only do their duty when their master looketh over them ; but all our actions , either publick or private , must savour of obedience to him , for he is our master , and we are his servants , and the servant is not greater than his master , but ought alwayes to be diligent in his masters service . and although the king do recompense good with evil , and punish them who like faithful servants have not deserved it , yet they being good , even in their sufferings shall receive praise from the power , as did our saviour and the apostles , when they were most wickedly murthered . for do we not until this day praise and honour their martyrdom ? although the power which destroyed them , did not give them praise ; yet by their obedience , and patience in their unjust punishments , did they receive a crown of everlasting glory , and renown from god and men . who can sufficiently celebrate the fame of those worthy martyrs , who unjustly suffered for religion , under the government of queen mary ? have not they by their unjust punishments received greater rewards of praise , than if they had unjustly rebelled ? surely yea , for if they had rebelled , although it was to save their religion , their epitaphs would have been rebels and traytors , instead of pious and godly martyrs . the wicked only are afraid of the kings power and punishments , to whom he is a terrour ; but a conscience voyd of offence towards god and towards man , maketh the courage of the righteous like lyons , to contemn all earthly misery . — hic murus aheneus esto nil conscire sibi , nulla pallescere culpa , be this a wall of brass , to have within no black accuser , barbour no pale sin . non est fas christianis , armis , ac vi , tueri se adversus impetum persecutorum , saith cyprian , epist . . it is not lawfull for christians by violence to defend themselves against persecutors ; therefore surely they ought not to murther their king , and again cyprian , epist . . incumbamus gemitibus assiduis , & deprecationibus crebris , haec enim sunt munimenta spiritualia , & tela divina quae protegunt ; let us apply our selves to daily sighes , and continual prayers , for these are the spiritual bulwarks , and divine weapons , with which christians should only fight , these , not guns and swords , will only defend us . ambrosius adversus reginae ( justinae arianae ) furorem , non se manu defensabat , aut telo , sed jejuniis , continuatisque vigiliis sub altari positus , ruffinus li. . c. . ambrose did not defend himself against the fury of the queen , by the force of the hand , and of the sword , but by fastings , continual watchings and prayers ; and shall we offend our gracious soveraign , with clubbs and axes ? who by his sufferings shewed us the example of a true christian , whiles we like jews triumph in his murther , crying out , crucify him , crucify him . tertulian apolog. c. . saith expresly , that the christians might for strength and number have defended themselves against their persecutors , but thought it unlawful ; yet we , because by our wicked plots and devices , we have got a numberless company , of those who like our selves , will do any thing for gain , think it a sin , if we do not perform any wickedness , which our power will assist us to effect . [ sen. medea . ] tremenda caelo pariter , ac terris mala mens intus agitat , vulnera , & caedem , & vagum funus per artus . levia memoravi nimis ; haec virgo feci . homicides , paricides , mauslaughters , murthers , oppressions , deceits , extortions , briberies , and such like offences , we committed in our youthful years , when the gospel was first planted in england , but now we are become great proficients in christianity , we are now high , and mighty christians , not fit to be fed with milk , as babes and sucklings , but with the bloud of kings , regicides are our passe-times , and to murther the king , is holden to bee one of the chiefest principles , and proofs of a sound christian : whole nations gather together , and make a covenant , to murther their kings , which they hold to be as sacred , and as beneficial , as the old or new covenant in the bible ; but , quae scelere pacta est , scelere rumpetur fides , that covenant and trust which is made by wickedness , by wickedness may be broken , which doth most evidently appear in the transactions of the english and scotish rebels ; for they most wickedly swore , and made a covenant against the king , like those traitors of whom king david complained , psal . . . and after they had murthered the king , then they swore , and made covenants one partie against another , so that , like those wicked men in hosea . . by swearing , and lying , and killing , and stealing , and committing adultery , they break out , blood toucheth blood , because there is no truth , nor mercy , nor knowledge of god in the land ; verifying the proverb of king solomon , prov. . . who so diggeth a pit , shall fall therein ; and he that rolleth a stone , it will return upon him : for rebellion , by which they murthered the king , is returned upon them , and they now rebell one against the other : so that we may truly say , their own iniquities have taken the wicked themselves , prov. . . and they perish by the devices and imaginations of their own hearts ; fulfilling the scripture , prov. . . though hand joyn in hand , the wicked shall not be unpunished , but the seed of the righteous shall be delivered . for notwithstanding all the wicked plots , and inventions of the bloody rebels , yet is our king c. . the seed of our most righteous soveraign whom they destroyed , delivered out of their hands , as the bird out of the nets and snares of the fowler , or as the innocent hart , out of the mouthes of the bloudy hounds , whilest they rage and are madd one against the other . o the goodness and providence of the almighty god! where the word of a king is , there is power , and who may say unto him , what dost thou ? eccles . . , , . the fear of a king , is as the roaring of a lion , who so provoketh him to anger , sinneth against his own soul , prov. . . what sins then are we guilty of , who not only provoke our king to anger , but quench his anger with his own bloud ? st. peter teacheth us another lesson , which you cannot hear too often , pet. . , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , or unto governours , as unto them who are sent by him , for the punishment of evil doers , and for the praise of them that do well , for so is the will of god. honour all men , love the brotherhood , fear god , and honour the king. and to see the civil law , and the divine law go hand in hand , harmoniously agreeing , and consenting , to lead a loyal subject into due obedience , and allegiance to his soveraign , is no less delightful to the royalist , than envyed by the rebels , which barclay doth out of the best civil lawyers , sum up together , cap. . saying , principem ex certa scientia , supra jus , extra jus , & contra jus , omnia posse . et esse crimen sacrilegii instar , disputare de potestate principis . et principem esse legem animatam in terris . et principem solum posse condere statuta ; licet humanum sit , quod consilio procerum utatur . denique principem posse tollere leges positivas , quia illis non subjicitur , sed illae sibi . et deum principi leges subjecisse , & nullam legem ejus celsitudini imponi posse . et licet de jure aliquid non valeat , si tamen princeps de facto mandat servari , perinde est , ac si de jure valeret , quoad subditos . et solum principem soli deo habere de peccato reddere rationem , & soli caelo debere innocentiae rationem . et temerarium esse velle majestatem regiam , ullis terminis limitare . et principem re vera esse solutum legibus . the latine is so elegant , that i will not cloath it in english raggs . none but blind sodomites who grope for the wall at noon day , will not here see the door which openeth to obedience , and go in ; concluding , that the king is free from the laws , and cannot be limitted by any humane invention ; may do what he please , & if he be more a tyrant than phalaris , or nerone nerouior , degenerate from all humanity , and prove a wolf to his people ; yet by the law of god , by the law of nations , by the law of nature , by the law of the land , by the example of all saints , by the rule of honesty , and by all equitable considerations , it is not lawful for his subjects , nor any man , or any degree , or sort of men within his dominions , upon this pretence of tyranny , to rebel against their soveraign . for if any cause should be allowed to be just for the subjects to rebel , then that cause would alwayes be alleged by the rebels , though in truth they had no such cause at all ; for whom one man and his company did esteem a good , pious , and religious prince , another party would proclaim him wicked , tyrannical , and idolatrous ; and who shall be judge between them , but the sword ? and then excessit medicina modum , the remedy would be worse than the disease . for it is an undoubted truth , that subjects did never despose their prince , although he was a tyrant , but that a multitude of tyrants , far worse than they pretended their prince to be , did rise up in his room . by the cutting off the head of one snake , twenty snakes grow in the same place ; therefore it is not profitable aswell as not lawfull for subjects to resist their king. for hear what bodine saith , o how many tyrants should there be , if it should be lawfull for subjects to kill their soveraigns though tyrants ? how many good and innocent princes should as tyrants perish , by the conspiracy of their subjects against them ; he that should of his subjects exact subsidies , should be then ( as the vulgar people account him ) a tyrant . he that should rule and command contrary to the good liking of the people should be a tyrant . he that should keep strong guards and garrisons , for the safety of his person , should be tyrant . he that should put to death traytors and conspirators against his state , should be also counted a tyrant ; and indeed how should good princes be assured of their lives , if under the colour of tyranny they might be slain of their subjects by whom they ought to be defended ? then what madness is that nation intoxicated with , who throw down a pious , good , and religious prince , to promote a multitude of lawless tyrants , whose little finger is heavier than the whole loynes of their lawful native soveraign ? the king , as i said , is the husband of the commonwealth ; and the wife is not greater than her husband , because she had once power to chuse whom she would , and because the man could not have been her husband , without her consent . it is no argument that she hath power to turn away her husband , because she made him her husband . no , it is god who giveth the marital power ; he gave her the husband , and gave him power over her , so that she cannot t●rn him from her , though he prove never so wicked . so though the people chuse them a king , and are the cause , sine qua non , yet it is god who is the author of his royal power ; and the people can no more dethrone him , and elect another , than the wife can her husband . and it is as good an argument , to hold that the wife hath power to put away her husband , and chuse another , because she made him her husband ; as it is that the people may cast off their obedience to their soveraign , and set up another , because they made him their king. the cardinals make the pope , and the clerks the bishop ; but it would be a strange thing to them , if one should tell them , that therefore the cardinals and clerks might degrade them , when they pleased . suppose the souldiers should chuse them a general , would not the general think it strange logick , to argue , that therefore the soldiers might turn him out of his office when they pleased ? indeed , where the superior makes an inferior officer , he may deject him at his pleasure . as in a prineipality ( which is nothing else but an aristocracy or democracy ) where the people create a magistrate to rule so long as they please , they may turn him out at their will , because they alwaies tetain a power of constituting , and rejecting him when they think fit . so the king may turn out parliaments when he will , because they depend upon him , and their power is inferior to his . but when the woman hath taken a husband , when the commonwealth is married and subjected to a king , then the commonwealth hath no power , but all her power is ttansmitted to her husband the king. for , omnia quae sunt uxoris sunt ipsius viri , non habet uxor potestatem sui , sed vir , all that the wife hath is the husbands , and the wife hath not power over her self , but the husband . the people by their election , denude themselves of all their power , and transfer it to the king , so that he is the only fountain , from whence they draw every drop of power they have . as when valentinian was desired of his people to admit of a consort in his empire , he answered them , in eorum fuisse potestate priusquam eum ad imperium vocarent , id non facere , jam vero vocato imperatore eos non posse , nec ab eo impetrare quod nefas crederet illis concedere , that before they had elected him , it was in their power , either to elect him , or another , but now he being elected , they had no such power , neither ought they for to ask that , which he thought not fit to grant them . it is a prejudice to a royal mind , to be compelled to any thing , compulsion diminisheth the worth of a voluntary goodness . it is against the nature of royalty to be restrained , which makes kings say , licet legibus soluti sumus , attamen legibus vivimus , though no man hath power to compel us to live according to the laws , yet we will. for decet tantae majestati eas servare leges quibus ipse solutus esse videtur , it is the part of a royal prince , nay very decent and becoming so great majesty , voluntarily to observe those laws from which he is free . german . vates . — nihil ut verum fatear , magis esse decorum aut regale puto , quam legis jure solutum , sponte tamen legi sese supponere regem . but if our prince should not rule his life according to the laws , yet it is our duties so to do , and we are commanded to obey him , and acknowledge him our king , though he be never so wicked ; for we are his servants ; nay , his servants by birth , and therefore enjoyned by a command to serve him , pet. . . servants be subject to your masters , with all fear , not only to the good and gentle , but also to the froward . for this is thanks worthy , if a man for conscience toward god indure grief , suffering wrongfully . nullus nascitur liber ab imperio ; no man is born exempted from the subjection of government . our saviour himself , as man , was not free from this ; for he was subject to his father and mother , luke . . and also to the king , though he is the king of kings , and all earthly kings are only dependent upon god and christ , whose vicegerents they are . i admire with what impudence our terrae filii , these screeching oules , the men of our pale-face'd times , can blasphemously give the almighty the lye , and say , per nor reges regnant , by us kings reign , we give kings , and take them away , when god plainly telleth them and all the world , per me reges regnant , by me kings reign , i give kings and take them away ; and doubtless these quacksalvers have as great authority and warrant from the scripture to say , by us the sun ruleth the day , and the moon the night , and we gave the heavens and the earth their being , as they have to maintain this their detestable opinion , viz. that the kings power is radically in the people , and derived from them to him ; for nemo est dominus suae vitae , no man hath power over his own life , and therefore none can give that to another , which he hath not in himself ; god only hath power over life , and death , and he hath given this power to kings , as he hath evidently declared in his holy writ ; and i am sure , god who hath said that by him kings reign , is true , rom. . . and every man who saith the contrary is a lyar. then if god only instituted , and gave kings , god can only take them away ; for eodem modo quo quid constituitur , diss●lvitur , things are dissolved as they are contracted ; therefore every man should say with the french bishop , mentioned in greog . turon . hist . . lib. . si quis de nobis , o rex , justitiae tramites transcendere voluerit , a te corripi potest , si tu vero excesseris , quis te corripiet ? loquimur enim tibi , sed si volueris , audis , si autem nolueris , quis te damnabit , nisi qui se pronunciavit esse justitiam ? if any of us offend the king , thou mayest correct us , but if thou shalt exceed , who shall correct thee ? we may speak unto thee , and if thou wilt thou mayest hear us , but if thou wilt not , none can condemn thee , but he who is justice it self ; therefore every one should endeavour to be that true obedient described by st. bernard , verus obediens , non attendit quale sit quod praecipitur , hoc solo contentus , quia praecipitur , he that is truly obedient , regardeth not what is commanded , being content only with this , that it is commanded . we should be as diligent to obey , and preserve our king , as the apple our eye , and take asmuch delight in him , as we do in the light , for he is worth ten thousand of us ; therefore the israelites would not let david their king adventure himself in the war against his rebellious son , and their reason was , thou art worth ten thousand of us , so in the war against the philistines , they swear , thou shalt no more go out with us , because they esteemed him as the light of the kingdom , and say , sam. . . that thou quench not the light of israel ; if he should miscarry , they accounted themselves to be but in darkeness ; and if we were true israelites indeed , in whom there was no guile , we should have the same estimation of our dread soveraign , nulli pietate secundus , who is a second david . but suppose he was ( as he is not ) a tyrant , were it not better for us to serve one hard , yet honourable , master , than a hundred domineering , yet base ●red tyrants ? si pereo , manibus hominum periisse ju●abit , if we must be killed and made slaves of , let the king , who is our superiour do it , and not our servants , who have no greater pedigree , than an●ient servants , and no other cause of their promotion , than their wickedness , praestat timere unum ●uam multos , it is better to fear one than many , better one woolf than many , to put our lives in continual hazard . it is a maxime in law , that the king shall have the estates , and protection of their persons who are non compos mentis , ideots , &c. may not the king then justly and with good title , by this rule , challenge both our estates , and our persons ? surely he may , for if we were not worse than mad men and fools , we should never expel a gracious and merciful soveraign , and subject our selves to a company of the lord knows what , a monster without head or tayl , more wonderful than chimaera ; they would , and they would not , they themselves cannot tell what to make of themselves , neither can any man tell where to have them , like empty clouds and foggy mists they are blown about with every winde ; but it is to be feared that the devil will catch them at the long run , who now drink bloud like sponges , and only know how to be wicked , oppressing both law and religion . did the king demand ship-mony , ( as by the (a) law in extraordinary cases he might , ) and was he condemned , and vilifyed , as unjust , and a breaker of the peoples liberty ? what are they then , who against all law and equity take away all that we have , only to satisfy their own ambitions , atheistical appetites , and to maintain themselves in their most wicked , devillish , and incomparable villanies ? did the king demand five treacherous members of the parliament , whom the law would have condemned guilty of high treason ? and was he adjudged an enemy to parliaments , and an infringer of their freedoms ? what are they then to be adjudged , who do what they list , hang or draw , our members , and persons , and play with parliaments , as children do with rattles , or as butchers , their slaughtering axes , throw them away when they have done with them , and dismount , and thrust out that * what do you call it ? [ * quondam parl. ] which first gave them their being ? o viperous brood , who destroy that viper which ingendred them ! but since by the law of the land , mad men shall not be punished for committing of felony or murther , lest we ( being mad-men and fools as i have said before ) should murther our king , and think to excuse our selves , by pleading , non compos mentis , let me tell you , that though one that is not of his right mind , shall not be punished if he commit felony , murther , petite treason , &c. yet if he kill , or offer to kill the king , it is high treason , and he shall suffer punishment as other traytors ought to do ; let cook the oracle of the law , give the reason , li. . fo . . car le roy , est caput , & salus reipublicae , & a capite bona valetudo transit in omnes , & pur cest cause lour persons sont cy sacred , que nul doit a eux offer violence , mes il est , reus criminis laesae majestatis , & pereat unus , ne pereant omnes . for the king is the head , saith he , & health of the commonwealth , upon whom the safety of all doth depend ; and for this cause , the kings person is so sacred , that no man can offer violence to the king , but he is guilty of high treason , for which he shall die ; for it is better that one perish , than all . and since it lyeth in my way , this will i speak for the credit of the common laws of our realm , that though the law of god , the civil law , and all other laws , do as it were strive to excel each other , in maintaining and defending the prerogative of kings , yet doth not our common law ( which is founded on the law of god ) come behind any of them ; for i should want words to expresse , and paper to contain the many privileges , and just immunities , which the law giveth its soveraign the king ; and if the judges had been as just to execute the law , as dunn the hangman is , the head and feet had still injoyed their proper functions , and there would ( as there ought ) still have been a difference betwixt the servant , and the master , the subject , and the soveraign . but silent leges inter arma , our law-books , like broken vessels , are laid aside ; and our laws , like cobwebs , are not taken notice of , except it be to wipe & sweep them away ; that the corruption of one thing , is the perfection of another , is a rule in philosophy , and do not the sophistical philosophers of our times , prove and approve this rule by practice , who perfect themselves by the ruine of the laws ? the sword is their pruning-hook , by which they lop others , to make themselves grow the better ; they bait all their designs with liberty and rellgion , and so catch the people into hell , when they think to go to heaven . the principal end of government is the advancement of god● honour , but these men , make the safety of the people , the sole and only end of government , only that they might murther their king , the shepheard , make a prey of the sheep , his subjects , and so feed the cruel appetite of themselves , the woolves , with the destruction of the innocent . i need no other proof for this , than every mans experience . virgil. tantane vos generis tenuit fiducia vestri ? jam caelum terramque dei sine numine , venti miscere , & tantas audetis tollere moles ? (e) quos deus , at motos praestat componere fluctus , post sibi non simili poena commissa luetis , maturate fugam regique haec dicite vestro . o ye empty clouds , and raging winds of ambition , could attempts enter into your dunghill thoughts , as to assassinate your king , provoke heaven , and molest the earth ? durst you encounter the almighty , pitch battail , and sight against his deity ? are your commandments above his ? and can your statutes repeal his ? hath not he in his vpper-house constituted a king , and commanded you to honor , and obey him ? and can your mortal nothings in the lower-house ( next door to hell ) vote him useless ? can you put asunder , that which jehovah hath joyned together ? and take away not only the crown , but the life also of your dread soveraign ? can you do these things and look upwards ? [ aposiopesis . ] but god will , that he will. — ah rather repent of your villanies ; it is better for you ( i think , though not your deserts ) to go peaceably to heaven , than to be thrown headlong into hell ; for there you will be murthered with the devils , and you cannot murther any more kings ; death lyeth at your door , and after this life ended , you shall not be punished with the sermons of holy ministers , or with gods word , which is now odious unto you ▪ but with the scorpions of the devil , beelzebub and his angels shall execute tyranny over you , in the infernal pit , as you and your angels have done over the lords anointed , and his innocent subjects , in the open air before god , and man. therefore repent , for repentance is your nearest way to salvation , maturate fugam , regique haec dicite vestro , make haste , and go and tell your king these things , that you are sorrowful , and that it gnaweth and biteth your seared conscience , to think that you should be the authors of so great a wickedness , beg his gracious pardon , restore his sacred patrimony , which you have torne in pieces , and cast lots for ; his pardon , and peace with him , will do your souls more good than all his lands , or royalties . acknowledge his soveraignty as ye ought , and set the crown again upon his head , which you did injuriously pluck off , or else the time will come , that one drop of the many tears and waters , which you have caused to flow from the eyes of the royal party , their widdows , and orphans , shall be more desired of you to cool your tongues , than ever their estates and honours were . if a thief should set upon you , or any other subject to rob him , it is lawful for the honest man to draw his sword , and kill him if he can : how dare you then with violence set upon your king to rob him , not only of his goods , but also of his life , yet because he defended himself , and so some of the rebels slain , therefore you impeach him of high treason and murther ? o monstrous , did you ever hear of any law in the whole world , that ever the king could commit high treason ? be dumb , for you did not . the laws of england are divided into three parts , viz. . common law , which is the most antient law of the realm , . particular customes , . statutes or acts of parliament . there is no offence punishable by the laws of england , unless it be against one of these laws . he that doth not offend against the law , is no sinner , for where there is no law , there can be no transgression , i had not known sin , saith st. paul , but by the law , rom. . . then cannot the king be guilty of treason to the people , or of any other offence punishable , unless he offend against one of these three laws : and that he did not offend against any of them , nor was guilty of those offences laid to his charge , by any one , or all of those laws , is as clear as the sun , and a maxim with all honest men . for . the common law is nothing else but the general custome , and common usage of the realm . finch . . plowdens com. . therefore the king cannot be an offender , or guilty by the common law , nor the people have power to call him in question for any of his actions ; because it is so far from being the general custome , and common usage of england , for the king to be punished by the people , that before this first , and last , great , and monstrous , distractive and destructive , wicked and abominable murther , of the last most gracious and merciful king , such a thing was scarce ever heard of , or entred into the thoughts of any english man. therefore the rebels are cast by common law , and the chancery will never give relief against the common law. li. . . d. and st. so that take them which may you will , this dilemma will hang them . amen . . customary law , is where a particular custome grounded upon reason , differeth from the general usage , and common custome of the realm . now to prove , that the king is not an offender against this law , would be a thing altogether frivolous and ridiculous , it being known to every one that he cannot . . statute law , is a law positive made by the king , with the assent of the parliament : and there is no statute or act of parliament in england , which maketh any offence in the king high treason , or that giveth the people power to call the king to an account , accuse or condemn him . but there are many offences committed by the people , made high treason against the king by several acts of parliament : but that the king could commit treason against the people , is such a novelty , that heaven nor earth never heard of before perditious england hatcht it . but since our age is much given to fictions , let us for once feign with our false republicans , that by the antient fundamental laws of the realm , the king might commit treason against the people and be a traytor to the common-wealth , for which the people might lawfully question him ▪ yet since , ( leges posteriores , priores contrarias abrogant , the statute law may alter and abridge the common law , ) the king cannot now commit treason against the people , nor be a traytor to the commonwealth ; because by the statute made h. . . and several others , it is enacted by authority of parliament , ( who as the common people think may do any thing , vote heaven hell or , hell heaven ) that in no time to come any treason be judged otherwise , than it was ordained by the statute of e. . . in which statute i am sure there is no mention made of any treason , but only against the king , as any one may read at large which statute , being it was made by benedictum parliamentum , a blessed parliament , ( for so it was called co. inst . . . ) i commend it to the perusal of every english man , as the best lesson he can learn , by which he will see the error of the times , and what changes the wicked have wrought amongst us . therefore since several parliaments have made statutes , that the king can commit no treason , nor no treason be committed but against the king , ex ore tuo te judicabo , we may conclude from their own mouths , that by no law , but against all laws , they murthered their king , the meekest and justest of all men . for , whosoever committeth sin , transgresseth also the law , for sin is the trangression of the law , john . . then how could the king sin , when there was no law for him to transgress ? by the common law ( as i have already shewed ) he could not be an offender ; neither could he by any statutes ; for at that very time , when the parliament ( the peoples representatives ) charged the king with treason , they had made many statutes , that those things which they themselves acted against the king , should be high treason against the king ; but they had made no law , whereby the king might become a traytor against them . therefore the king could not offend against that law which was not . adam had not sinned in eating the forhidden fruit , had he not been first forbidden ; neither had st. paul known lust , except the law had said , thou shalt not sin , rom. . . and for the king to commit treason , when there is no law which maketh any offence in the king whatsoever treason , but all laws both common and statute , both divine and humane resolve the contrary , is such a chimaera , which passeth the understanding of every reasonable creature . but forsooth , our new upstart pragmatical lawyers ( as they call them ) such as cook was , witness his king charls his case , fol. . ( a cook , ( but rather a scullion ) i am sure of no affinity in judgement , nor comparable in learning , with our great master and oracle of the law sir edward cook ) do say and profess , that they have a law written in their hearts , whereby they are enabled and authorized to kill the king , if he offend ; but i wonder holy david had not this law written in his heart to kill wicked king saul , when it lay in his power so to do ? the question is easily answered , for god said , that david was a man after gods own heart , and therefore could not do so great a villany ; but i am sure , if the scripture be true , neither god nor man will say , that these men , are men , either after gods heart , or any honest mans heart ; and divide the kingdom , and you will finde a thousand for one , in whose hearts this law was never written ; therefore if it be written in some few mens hearts , yet since it is not written in the hearts of the major part , according to their own tenets , that law is not binding . you may read in sam. . . and cap. . . that it was in davids power , and he was admonished to kill his enemy wicked king saul , once in the cave , where he cut off the kings skirt indeed , but his heart smote him , as if he had committed crimen laesae majestatis , high treason against the king ; and then in the trench where saul lay sleeping , sam. . . so david and abishai came to the people by night , and behold , saul lay sleeping within the trench , and his spear stook in the ground at his bolster ; but abner and the people lay round about him . then said abishai to david , god hath delivered thine enemy into thine hand this day : now therefore let me smite him , i pray thee , with the spear even to the earth at once , and i will not smite him the second time ; and david said to abishai , destroy him not . for who can stretch forth his hand against the lords anointed , and be guiltless ? david said furthermore , as the lord liveth , the lord shall smite him , or his day shall come to dye , or he shall descend into battel and perish : the lord forbid that i should stretch forth mine hand against the lords anointed : but i pray thee take thou now the spear that is at his bolster , and the cruse of water , and let us go . here you may see how greivous a thing it is to lay hands upon the king , though he be wicked , and persecute you . for by holy davids own confession , no man can do it , without committing an high and wofull offence . therefore better it is for all men with king david to commit the punishment of their king to god , ( who most assuredly will punish the king , aswell as the beggar for his offences , ) and not violently oppose , or stretch forth their hands against him , for none can do that , and be guiltless . it is true the law of england in many particulars is lex non scripta , and when our law books are silent , we must repair to the law of nature , and reason ; but when a law is established by the law of god , declared by many statutes , and reported by multitudes of reverend judges in their reports , as it is , that the king can commit no offence so great , as to be punished by the people , then sit liber judex , we must judge according to the written law , though it do not agree with our own private reason ; if the king before the descent of the crown be attainted of treason , felony , or any other offence , yet by the descent of the crown , the attainder eo instante is void , as it fell out in the case of henry the seventh , h. . . jnst . . . then if the coronation of the king prohibiteth the punishment of those offences which he committed before he was king , only because he is king , and so not punishable by any earthly power , how can he commit any offence after his coronation , for which the people may call him in question ? it being a maxim in law , that the king can do no wrong , that is , no wrong for which the people may punish him ; and to say that the king is an officer of trust placed by the people , is a meer foppery , and against the express letter of a principle in law , viz. that the king is not capable of an office to use , but to grant , co. jnst . . . but why should i speak of law , to those who god and all the world knows act all things against law ? for is there any law which maketh it high treason in the king , if he commit such or such an offence ? or is there any law to enable the people to call their king to an account ? i appeal to the whole world , and even to the consciences of our wicked folarchical upstarts , whether they ever read any such law in the old or new testament , in the statutes or reports of the laws of our realm ? or whether they ever heard of any such law in any kingdom or nation under the sun ? no they did not , the devil brought it ( if any there be ) out of the infernal pit , whither it will bring them all , unless god most high prevent not ; can a posteriour law make that an offence , which was lawful at the commitment ? without doubt it cannot ; but these men with their practice most wickedly affirm it . king henry the . ● h and many burgesses and knights of the counties , being first attainted by act of parliament of high treason against richard the d. the question was in h. the ths . parliament , how this act of attainder should be reversed , and made void ; it was resolved by all the judges , that those knights and burgesses which were attainted , should not sit in the house , when the act of attainder was to ●e reversed ; but when that act was reversed , then they might come again and sit in parliament : but as for the king , it was unanimously agreed and resolved by all the said judges , that ipso facto , when he took upon him to be king , that he was a person able , and discharged of the attainder ; for ( said they ) the king hath power in himself to enable himself without a parliament : and an act for the reversal of the attainder , is not at all necessary . see h. . . com. . parliament . b. . and . in which case you may see the power of a king , of a king that was attainted of the greatest offence , viz. high treason . here likewise you may view the power of a parliament , of a parliament , who had asmuch right to dethrone their king , as ever the long parliament , or any other had . here likewise you may hear the voyce of the law , of the common law , not since repealed by any subsequent statute . but as it was then , so it ought to be now the resolution of all the judges in england , that the king hath power to take pardon , and ought not to crave pardon of the people for his offences . the crown once gained taketh away all defect , is the sentence of the law , and an adage amongst all honest lawyers ; if the people had the supreme power , why was not the attainder of the king ( in this precedent case ) reversed by act of parliament , as were the attainders of the other members ? if the king be but an officer of trust , deputed by the people , and receiveth his power from them , why was not the king ( in this case ) freed from his offence by the people ? what would they entrust a person attainted of so great an offence as high treason , with the highest place in the common-wealth , and yet not permit others guilty and attainted of the same offence , not so much as to fit , and act as members of the parliament , without they were first purged of their offence ? it doth not stand with reason , that the highest offender should exercise the highest office ; and doubtless if the people had had power , the parliament would have cleared king h. the th . from his crime , before he should have officiated his office of kingship . but that parliament well knew , that the feet were not higher than the head , and that the inferiour members could not impose laws on the king their soveraign ; they knew with bracton , that the king ( parem non habet in regno suo ) had not in his kingdom , any single man , or the people , his equal . therefore since it is the law of the land , magna charta , . that no m●n shall be judged but by his peers , and being the king hath no peer , or peers , in his dominions , they resolved not to judge their king , nor to commit so great a vanity , as to reverse the attainder : for can a king be attainted ? or can the people , who have no authority , but what they have from him , have authority to correct , and revise their king ? o foolish imagination ! horac caelo tonantem credidimus jovem regnare : praesens divus habebitur augustus ; adjectis britaunis imperio . jove governs heaven with his nod : king charles , he is the earthly god : great britain being his lawfull inheritance . our king augustus , high and mighty , solus princeps , qui est monarcha & imperator in regno suo , davis irish rep. fo . . our only prince , who is both monarch and emperor in his kingdom , hath only authority and the only right to govern the britains , who , though long since , have been accounted , rigidi & hospitibus feri , rigid , and cruel to strangers : yet , that they should ever so much degenerate , as to be rigid and cruel to their own natural king , and kill their natural soveraign , is such a wonder , and murther , that never entred into the thoughts of former ages , and will be a bugbear , and scar-crow to all succeeding generations : for by robbing their king of his crown and life , they have robbed the turk of his cruelty , judas of his treachery , and all the devils of their malicious wickedness : for the turks cruelty , judas his perfidious treachery , and the devils malicious villanies , do all conjoyn to make up , and center in an english rebel , one of those beasts , who like the enemies of king david , psal . . . have sworn together against their king , are mad upon him , and revile him all the day long : yet , that they may seem religious even when they commit sacrilege , they ( like the devil when he tempted our saviour , taking him up into an exceeding high mountain , and shewing him all the kingdoms in the world , and the glory of them , saying unto him , all these things will i give thee , if thou wilt fall down and worship me , mat. . . ) will promise fairly ; and , as if they were resolved diametrically to oppose st. peters doctrin , who commands them , pet. . . not to use liberty for a cloak of maliciousness , they use the liberty of the people ( as a wolf doth the lambs skin , to destroy poor lambs ) as the only cloak and cover for all their malicious , wicked , prodigious , and damnable actions . for , if you ask them , for what cause did they murder the king ? their answer is , for the liberty of the people : for what cause do they make themselves governours , and lords and masters over all that we have ? for the liberty of the people : for what cause do they subvert the laws , expell and throw down the orderly and holy clergie , and all religion with them ? for the liberty of the people : for what cause do they enslave the whole nation ? for the liberty of the people . nay , these men are so well furnished with godly pretences , and wicked intentions , that even whilst they cut the peoples throats , they make them believe they give them a blessing : and as the man , who swore that the coat of the true owner , was another mans , only because he might have the use of it himself ; so these men have the impudence to swear ( though not without perjury ) that the supreme power is in the people , only because they might throw down our royal government , with all goodnesse with it , and use that supreme power themselves , which they protest is in the people . o delusive mountebanks ! was there ever such a jugling deceit acted by any jugglers or quacksalvers in the world ? surely there was not . and did not every one , nay they themselves , very well know the truth of what i have said , i might easily make it clear and evident , even to the blind , with multitudes of examples . for who was it that murthered the king ? was it the people ? every man knoweth that it was neither the people nor the parliament , but a company of jesuitical treacherous rebels , and damnable usurpers , who flaming the people in the mouth with a tale , that the supreme power was in the people , made use of this power themselves , against the wills of the people , as an engine to perform and bring to passe all their wicked and horrible designs . but say they , we are the peoples representatives , chosen by the people , and so what we do , they do ; catch a knave without a knaves answer , and he will give you leave to hang him . i must confesse , if this were true , they might have somewhat the more colour ( though not the more honesty ) for what they do : but this is as false as themselves : for the people chose them to sit in parliament , and act according to the kings writ , as part of the kings parliament , according to the laws of the realm ; but since the parliament is destroyed ( for what parliament can there be , without a king and house of lords ? such a headlesse monster was never seen untill of late ) consequently their power which they derived from the people , is gone also . neither are the commons in parliament the representative body of the whole kingdom or people ; for they do not represent the king , who is the head , nor the lords , who are the nobler and higher part of the body of the realm ; the commons only represent the inferior and lower sort of the people : but if they did , as they do not , represent the whole body , yet did not the people ever give them any power , to cut off their kings head . for the lords voted it unlawful , all the honest commons forsook the house , and the people were all displeased ( except a few of their own hatching up ) and every one else murmured against it . the nobility mourned , the gentry were amazed , the common people wept , and men women and children did cry , the heavens cloathed themselves in black , and the sun hid his face . the lion king of beasts died at the ●ight of his royal blood , and the wild foules came wondering to see this execrable fact , on the scaffold , and if the thundering and lightening of the almighty be a true sign of gods angry deity , then even from this we may conclude , that these regicides took too much upon them , and very much provoked his wrath . for , — diespiter igni coruseo nubila dividens , plerumque per purum tonantes egit equos volucremque currum . the heavens roared with thunder , which made the earth shake , and the darts of fiery lightening threatened the ruines of both . and who can think upon this worse than gunpowder-treason plot ( for then was but intended , that which now is put in execution ) viz. the murther of our gracious king , and the subversion of all laws and religion with him , and not justly expect all the plagues of aegypt , and the punishment of sodom and gomorah , to fall upon him and the whole people ? for , hor. hoc fonte derivata clades in patriam populumque fluxit . from the death of the king , as from a fountain , did flow the slaughter of the nobility and people , with the ruine of the glory and freedom of the english nation . tantae molis erat perversam condere gentem , such , and so great villanies were perpetrated , to raise this generation of vipers . yet forsooth , they will tell you , that the supreme power and soveraignty , is in the people , and that they act under them . o grand delusion ! did the people turn out the long parliament ? did the people set up oliver protector ? did the people turn out dick his son ? did the people foist up again the rump of the long parliamene ? or did they hunt them out again ? did the people sanctifie the committee of safety over them ? or did they hunt in the rump again ? or have they made all the revolutions and choppings , and changings amongst us ? no , neither the people nor their representatives , but the devil & his representatives have been the cause of all our subversions . for as the people have not , so neither did the twentieth part of them , ever challenge , or claim the supreme power . but have alwaies acknowledged the soveraignty to be only in their king , and only soveraign , only under god. reader , take notice , that in many places of this book , by the word parliament , is meant those traytors , the house of commons , who have unjustly usurped the name of parliament : for by the known laws of the land , there can be no parliament without the king. therefore , let every one of the regicides repent , and pray to god , to open his eyes , and that the scales of blindnesse may fall from them , that he may see his duty , which is so evidently written in the scripture , and all other pious writers , which is , to fear god , and to honour his king , which is acceptable in the sight of the lord. and so i shut up my discourse , with these verses , which i would have the reader get without book for his edification . astra deo nil majus habent , nil caesare terrae , sic caesar terras , ut deus astra regit . imperium regis caesar , deus astra gubernat , caesar honore suo dignus , amore deus . dignus amore deus , dignus quoque caesar honore est , alter enim terras , alter & astra regit . cum deus in coelis , caesar reg●t omnia terris , censum caesaribus , solvile , vôta deo. a tyrant without a title , set out in all his colours ; and proved by the laws both of god , and man , by the sentence of all honest and wise men , by the vote of antiquity , and several examples , that it is most lawfull and glorious for any man , either publique or private , to fall upon tyrants , and kill them , without examination , according to the usual forms of judicature . where the consent of the people after vsurpation , makes an vsurpers title good , and where not . that the assent of the people , cannot ratify any government without him , so long as their king liveth , though banished , but all their acting is illegal . how tyrants pretend the safety of the people only for their own safe-guard ; and how they delude the people with specious names , for their magna latrocinia , their great villanies , and robberies . the devil was a rebel , so are they , and like satan they have their power only by permission ; with an incitement to all men , to execute them , for these are not the dignities we should obey . let us now take our swords in our hands , and arme our selves to incounter with this tyrant , sine titulo , a tyrant without a title ; that bird of prey , that beast of the game , orbis flagellum , that scourge of the world , that devourer of mankind , fulmen belli , that thunderbolt of war , that maule of the earth , poli●rcletes , that destroyer of cities , that hangman , that murtherer , that great robber , whose might is his only right , whose multitude of thieves makes him formidable , builds himself up with honest mens blood , feared by all men , and fears all men , an enemy to every honest man , and every honest man an enemy to him , a monster more hideous , than ever the poets could feign , and more noysome and destructive to humane kind than any beast the world ever bred , a devil in humane shape . if you do not yet conceive his nature , i will give you a further description of him . a tyrant without a title ( who indeed is most properly called a tyrant ) is he who levieth war against his king , killeth him , and takes the government upon himself , or who of his own authority against the will of the people , without election , or right of succession , neither by lot , by will , by gift , by just war , nor speciall calling of god , doth take upon him the soveraignty . take notice , reader , by he way , that the subject can have no just war against his king. a forein prince may have a just cause to levy war , and if he conquer , his title is good and just by the law of conquest . so if ones own natural prince be kept out of his country by the rebellion of his subjects , and he afterwards come with a forein army , nay with fire and sword ( as we say ) that is , putting all to the sword who resisted him , and burning up all that they have , yet if he subdue the traytors , he is no tyrant . but if any man without any right or title usurpeth the government and aspireth unto the soveraignty , though afterwards he squareth his life according to the rules of moral honesty , and liveth ( as one may say ) according to the lawes , yet notwithstanding he is a tyrant for all this . a thief when he hath taken a mans purse from him , will in company stand upon his terms of honesty , as much , if not more than an honester man. yet this after sanctity will not purge a tyrant from his former sin . he must restore home that which he wrongfully and unjustly keepeth , before he can be a true penitent , and nothing but true repentance can wash away the guilt of former sins . therefore equo ne credite teucri , trust him no further than you can see him , before he hath cast off the unlawfull robes of soveraignty , and put on the honest habit of a true subject , eor latet anguis in berba , let his outside be never so religious , he is a knave in his heart , his pretentions and his intentions are seldome of affinity . but may any private hand stick this wild boar ? may any publick or private man stab , or otherwise destroy this tyrant before he be tried according to the common course of the law ? grounding upon the law of god , the law of nations , the law of nature , and the common law of the realm , i give judgement against him , that as a stroyer of humane kind and society , every man may lay violent hands on him and execute him , for which according to the laws and writings of antient fathers , he deserveth perpetual honour , propounding to every one who should kill such a tyrant most ample rewards , viz. honourable titles of nobility and prowesse , arms , statues , crowns , and the goods of the tyrant , as to the true deliverer of his countrey . by the law of god , whosoeuer sheddeth mans blood , by man shall his blood be shed , gen. . . and what tyrant ever was there who did not shed mans blood ? nay by the law of god , that man who will do presumptuously and not hearken to the law , is to be cut off , that the evil may be put away from the land , deut. . . exod. . . all the civil lawyers do unanimously give judgement against him , and esteem that man as one , who doth god and his countrey good service , who shall rid the world of this viper . by the law of nature every man is obliged to preserve himself , and what better means can he use for his preservation , than to destroy this elf , this wolf amongst men . for who can say any thing is his own ? who can say his life , his goods or estate is secure , so long as a tyrant reigneth ? by the common law of the realm , if any one set upon me to rob or take anie thing away from me , i may lawfullie pistol him , stab him , or otherwise destroy him . and by the same reason and law ; for ubi eadem ratio , ibi idem jus , i may destroy a tyrant ; for the onely difference betwixt a common highway man , or burglar , and he is their strength and might , the one is a little thief , the other a great one . as when diomedes a pirate was taken and brought before alexander , saith he , ego quia uno navigi● latrocinior , a●cusor pirata , tu quia ingenti classe id agis , vocaris imperator : si solus & captivus esses , latro cris , st mihi ad nutum populi famulentur , vocarer imperator , i because i rob with one poor ship , am accused as a pirate , thou because thou robbest with a great navie , art called an emperor . if i had as great and strong a companie of robbers with me as thou hast , and thou wast alone , and a captive , as i am , then thou wouldest be the thief , and i the emperor . so may every common thief , high-way man , cutpurse , or burglar say to the tyrant when he is brought before him , for mutato nomine fahula de te narratur . when the tyrant murthereth any honest man and taketh away his estate , he pretends it is for the safety and good of the common-wealth , calling him traytor to the state. so it is for the safety of a thief to kill the man he intendeth to rob . but the tyrant he dazles mens eyes with new invented names ; for his magna latrocinia , his great thefts having nothing honest in them , but the very names . for when he exerciseth his robberies , and sendeth some of his messengers ( who are indeed no better than thieves ) to rob men , that he calleth excise . so when he setteth upon the whole nation , he compelleth them to make a purse for him , that he calleth taxes . and this kind of thievery is so much the more remarkable , because he maketh the owners like fools gather the monies for him themselves . nay such is the stupidity of these dromedaries , that if they have scarce monie enough to buy themselves bread , or to pay their landlord his just rents , yet they will trot about to gather monies for this tyrant ; their common enemie , before they will lift up a hand against him . they will let their churches drop down for want of repair , and law and religion and all fall to the ground , before they will let the tyrant misse of a farthing of his demands — tanta est insania mundi . so great is the madnesse of men . and the reason why the law alloweth every man to kill a tyrant , and take that vengeance which in other cases is reserved to god and the magistrate , is , because there is no other remedy , and gods lawes cannot be otherwise executed ; for the tyrant maketh himself above all law , possesseth himself of all forts , strong holds , garisons , and the magazine of all armour , so that by the greatnesse of his villanies he is secured from the power of the magistrates , and so consequently cannot be punished by the ordinarie court of justice . therefore extremis morbis , extrema remedia , extraordinarie diseases must be cured by extraordinarie means , receditur à placitis juris , potius quam injuriae , & delicta maneant impunita , we may go a little out of the common road of justice to punish those crimes who make by-paths their high waies , and cannot otherwise be met with . for lex semper dabitremedium , the law will alwaies give a remedie , and — immedicabile vulnus ense recidendum est , that ulcer or sore which cannot be cured by medicines , must be cut off with the sword , and it is a rule in law , that aliquid conceditur , ne injuria remaneret impunita , quod alias non concederetur , the law will dispense with some grounds of law , rather than crimes and wrongs should go unpunished it is a maxim , that no private man may kill another , exod. . . yet if a thief set upon a man in the high way , or come to rob his house , he or any other man may lawfully kill him , and deserve well of the common-wealth . so a tyrant who continually liveth upon the spoils of the people , and is continually robbing the common-wealth ; for he hath nothing but by robbery , though he pretend nothing but the good and safety of the common-wealth , may be killed by any man , and that man who executeth him deserveth perpetual renown , and ought to have his name written in the chronicles of everlasting memory , and consecrated to eternity . object . but it may be objected , ●hat a tyrant who usurpeth the government by force , and afterwards getteth the consent of the people , may not justly be killed by anie man , because this future approbation , and election of the people , is a true ratification of his power . sol. to which i answer , that notwitstanding the peoples consent he may lawfullie be slain ; for that which is done by duresse cannot be binding , and that cannot be thought to be the true consent of the people which they do by constraint . indeed if the soveraigntie continueth in the children and posteritie of the tyrant for the space of an hundred years or more , so that they have a title by prescription , which must be without the least ●nterruption or rebellion of the people , then ought not any man to slay them , because they have a title by prescription . as in the government of rome . julius caesar usurped the soveraigntie , aand wrested the power out of the senates hands , but was afterwards stabbed with twentie three wounds , and all men rejoiced and esteemed his murther a most worthie act . but when tiberius caesar came to the government , he reigned unquestioned without anie competition of the senate , and therefore no private man could justlie slay him . for our saviour did acknowledge allegiance due to him . but where a tyrant rebelleth against his lawfull soveraign , dethroneth , him banisheth him , and establisheth the supream power on himself , though the people all of them continuallie consent , and the tyrant and his posteritie reign for a thousand years , or more , yet may anie man lawfully slay him ; for the people cannot give away soveraignty from their lawfull king , and he may demand it when he pleaseth , and regain his own when god hath made him able ; for dormit aliquando jus , sed moritur nunquam . right sometimes sleepeth , but never dieth . out of the magazine of autorities which might be brought to confirm what i have spoken concerning this firebrand , a tyrant without a title , i shall onely select some flowers to lay upon his stinking corps , and so wind up my discourse with his winding sheet . bias being asked which was the most pernitious of all beasts , he answered , sylvestrium tyrannus , domesticorum adulator . of forest beasts a tyrant was the worst , but of domestick a flatterer , plut. antisthenes alwayes preferred hangmen before tyrants , and being asked the reason , he answered , a a car nifice quidem homines injusti interimuntur , à tyranno autem etiam insontes , a hang man onely hangeth the unjust and evil men , but a tyrant also hangeth the most just and most pious , ludovicus gall. rex , was wont to say , plehem & rusticos esse pascua tyrannorum , & militum : tyrannus autem & milites , pascua esse daemonorum , that the common people and countrie farmers , were the food of tyrants , and their souldiers ; but the tyrants and the souldiers were the food of devils , annal. franciae . democritus being asked of dionysius what kind of metal was the best , answered , that whereof the athenians made the statues of harmodiu● , and aristogiton , in honour of their killing pisistratus the tyrant . intimating by this answer , that all tyrants ought to be destroyed , and to those who killed them ought to be erected statues of brasse in honour of their noble attempt , after the manner of the athenians plut. euphron the lacedemonian having made himself a tyrant in the citie of cicyon , was shortly after murthered by the senators , as he sate in counsel with them , who defended themselves by this apologie . quod qui manifesti sceleris , proditionis , & tyrannidis rei sunt , non sententia aliqua damnandi videantur , sed ab omnibus hominibus jam ante damnati sunt , & quod nulla graecorum lex ostendi possit , quae proéitoribus , ●ut tyrannis securitatem praestet , that those which are guilty of treason and tyrannie , need not to be proceeded against in a legal way ; for that they are beforehand condemned in all mens judgements , neither was there any law amongst the grecians that gave security to traytors and tyrants , plut. insidiatori & latroni non potest afferri injusta nex , saith cicero pro milone , a traytor and a tyrant cannot be killed with an unlawfull death ; for every man may be both judge and executioner of them , and non se obstrinxit scelere , si quis tyrannum occidit quamvis familiarem . . offic. nulla nobis cum tyrannis societas est , sed summa potius distractio , neque est contra naturam spoliare eum , quem honestum est necare . it is the part of an honest man to kill a tyrant , although he be his familiar friend ; for no man should keep company with a tyrant , and it is most natural and honest for a man to kill him ; cicero likewise saith , phil. , quem discordiae , quem coedes civium , quem bellum civile delectat , eum ex numero hominum ejiciendum , ex finibus humanae naturae censeo exterminandum , whom discord , slaughter of the citizens , and civil war delighteth , i would have him cast out of the societie of men , and thrown down headlong into hell. and contra publicos hostes & majestatis reos omnis homomiles est , saith tertullian , against common enemies , and those that are traytors to their king , every one is an ebud with his dagger , and may most law fullie kill them . therefore though christ hath taught me to forgive my enemies , nay to love them , and not to speak evil of dignities , and for my part i hate not the person of any tyrant . pax ●um hominibus , bellum vitiis , but i hate his tyyrannie , i freely forgive them all the injuries they have done to me , or any of my friends , and for their good i have written this treatise ; but they are gods enemies , and god would be offended if we should let them sleep in their villanies . our laws and religion ought to be more dear to us than all things in the world ; for without them we should be worse than beasts ; and who more subverteth our laws and religion than tyrants ? vt imperium evertant libertatem preferunt , cum perverterunt , ipsam aggrediuntur , saies tacitus , that they may pervert the legal government they pretend liberty for the people , and when the government is down , they then invade that libertie themselves . auferre , trucidare , rapere , falsis nominibus imperium , atque ubi solitudinem faciunt , pacem appellent , to rob , to murther , to plunder , tyrants falsely call to govern , and to make desolation , they call to settle peace . these are they which god sayes , hosea . . ipsi regnaverunt , sed non ex me , they have reigned , but not , by me . they have made princes , and i knew it not . and have cast off the thing that is g●od . there is no power indeed , but of god , but the abuse of power is from the devil . these men do not rightly use , but abuse the power , and as satan is called the prince of the world , so these men are called governors of the realm , not because they are so by right , but by treacherie , rebellion , and treason , their power is by gods permission , not by his donation , therefore these are not the dignities and higher powers which the apostle commands us to be subject to ; for then we must be subject to the devil too ; for tyrants and devils have powers both alike lawfull , and both by treason and rebellion : no , we should resist and arm our selves against these enemies , it is disobedience to obey them , rebellion not to rebell against them , and treason not to plot treason against them : therefore let everie one be readie with his dagger like jodes , to stab this devourer of mankind . bad kings must be converted onelie with praiers and tears ; but tyrants must be subdued with clubs and swords ; for quis constituit te virum principem & judicem super nos , exod. . . who made them princes and judges over us ? the king we know and the kings son we know , but who are they ? they are not of gods making , but of beelzebubs their master , and their own making : therefore let everie good christian arm himself against these caterpillers , devotion and action must go together , let him not bribe his conscience with self interests , but take courage and fight the good fight , that so he may deliver himself , and his countrie from slaverie , and bring the tyrants to the rope , their best winding sheet . all other governments are but the corruption and and shreds , of monarchy , which is the most glorious and most profitable of all sorts of governments ; when , and how aristocracy and democracy begun rather by gods permission than institution . the proper character of a common-wealths man , or the definition of an english changeling , with his flexible , and mutable qualities . the absence of our king is the cause of the presence of our many sins and divisions if you remember , in my division of governments , i made mention of aristocracy and democracy , &c. which indeed had their first original from the corruption of monarchy , and are but shreds of monarchy , as all politicians hold : therefore i will not spend time and paper to abuse your patience with anie thing , but a description of them : for virg. verum haec tantum alias inter caput extulit urbes quantum lent a soleni inter viburna cupressi . monarchy doth as far excell all other sorts of government , in glory , profit , conveniencie for the people , and in all other good qualities , as the sun doth the moon , or the moon the twinckling stars , and is like the lofty cedar amongst the servile shrubs . hence it cometh , that even the republicans who hate a king because he is their soveraign master , are compelled to suffer and use petite monarchies ( as one may say ) under them : as one master over everie familie , one maior over everie city , one sheriff over everie countie , one rector over everie parish church , one pilot over every ship , one captain over everie troop , one admiral over the fleet , and manie other offices of trust and places wherein pluralitie of persons would prove most obnoxious : but monarchie is and alwaies hath been proved and approved the best and most absolute lie good . aristocracy is the government of a common-wealth by some select number of the better sort of the people , preferred for their wisdome and other vertues for the publick good . oligarchy is the swarving or distortion or aristocracy , or the government of a few rich , yet wicked men , whose private end is the chiefest end of their government ; tyrannizing over law , religion and the people . democracy or popular estate is the government of the multitude . where the people have the supream power , and soveraign autority . ochilocracy or a common-wealth is the corruption and deprivation of democracy , where the rascal rabble or viler sort of the people govern by reason of their multitude . these kinds of government were not heard of a long time after monarchy began , and the impulsive causes of them were contention and confusion , and were rather permitted than ordained by god , as the bill of divorce was by moses ; for non erat sic ab initio , there was no such government at the beginning ; for god did not create it , as he did monarchy when he made all things ; but the people being stragled up and down in the world , and so in processe of time became out of the knowledge of their lawfull king , rather than they would indure the miserable effects of anarchy ; for plebs fine rege ruit , there can be no family , no society , indeed no living without rulers , they , re●igned up their whole power and libertie to some few select men , or else to many , who made laws for them , and so tied up the hands of the unrulie and wicked , and defended the just from the violent tempests and storms of the unjust , to which before they lay open and naked : which god seeing that it was better for them to have such a government , than none at all , did allow of it , but it hath no comparison with monarc●y , becuase that was instituted by gods primarie ordinance , and the further men go from gods original institution they have the more corruption , nay , if compared to monarchy it is a curse ; for solomon saith , prov. . . for the transgressions of a land , many are the princes thereof , but by a man of understanding and knowledge the state thereof shall be prolonged . — summo dulcius unum stare loco , sociisque comes discordia regnis . how sweetlie doth the poet sing , when he saith , that it is most sweet for one to govern ; for a companie of governors have alwaies discord to be their companion . monarchia nihil habet durum praeter nomen , populare contra regimen nihil lene praeter nomen . monarchy hath nothing harsh but its name , but on the contrarie , a popular estate hath nothing delightfull or taking but its name . our times are so full a commentarie , and so plain an exposition of the evil events of a popular estate , that i will not , neither need i recite the opinions of the antients , wherewith they have contemned it , as the worst of governments , most subject to dissension and change , and most obnoxious to the people . and i think , no nation under the sun could ever produce a more notorious example than mutable england , where everie man as if he had served an apprentiship to novelty , forgeth new invenions everie day : he changeth his mind as often as children would change their cloaths , and fitteth his conscience to everie opportunitie and purpose . his heart ( though hollow ) will bend like a flexible osier , and incline to anie thing that is profitable , though never so wicked , his resolutions will break to pieces like ropes of sand , and like the moon are alwaies changing . he never standeth to anie thing so fast , but that he can slip away from it when he pleaseth . neither did he ever love any religion ' so well , but that he could love another as well at any time , and for a need entertain tw●ntie together , twentie did i say ? nay , 't is his fashion to change his religions everie day , if no every hour , and so , much religion makes him an irreligious changeling . but for brevities sake take his epitome , viz constant onely in inconstancy . and this man thu● qualified is one of the main pillars of the government of england ; for you must know too , that h● hath sometimes a great mind to be a governor , nay , he is so hot upon it , that sometimes he will do any thing rather than fail . if his own father stands between the throne and him , he will make him stand by , or else make him go into another world . he can pull off kings crowns , as often as he can pull off his own hat. he can break a great oath as easie as he can break a little ●hreed , and perjury with him is a cardinal vertue , if it do but add any thing to his design . and you will make it a miracle , if this man should not make a good common-wealths man , if not a good one , however one would think that he might keep his place long enough , being so well furnished with all these sweet , flexible and easie conditions , but no , he cannot , and the reason is , because there is a great litter of these whelps gathered together of the same kind with himself , and being so many , they often snarl one at another for the bone : so the government proteus like changeth it self into what shape they please , sometimes one of them is promoted to the government , just like a malefactor on a woodden horse , whom they pull down when they please , and them run open mouthed with a full cry after it again , * untill that at length one being nimbler footed , or quicker mouthed , catcheth it into his paws , by and by all of them like acteons dogs fall upon him , and although he crieth out actaeon ego sum , dominum cognoscite vestrum . i am he which use to hunt with you , and be your master huntsman , yet such is the furious madnesse of these animals , that they tear him in pieces , and hang the government on another , and so they tosse it about from one to the other , as children do a three half penny ball , thinking it is no sport , if the ball lie long still in one of their hands . regni sacra fames quid non morialia pectora cogis ? what doth not the thirst of ruling compell these mortals to do ? every one cuts his fellows throat if he thwarts him in the government ; they make the people swear to be faithfull to a single person one day , and to swear against a single person the next . it is high treason to speak against one kind of government one hour , and high treason or worse not to speak against it the next ; and what is the reason of these turnings , and twinings , and various alterations ? because in these dayes there is no king in england , and every man doth that which is right in his own eys , judg. . . velle suum cuique est , nec voto vivitur ●no . an advertisement to the enthusiasts , and crown-hunters of this over-ruling age , admonishing them , since their lives are so short , and so wicked , that they would not expect eternity in their ill-got-estate , and that from hell there will be no redemption , because the devil will not be deluded with bribes , cares and fears do accompany crowns lawfully gotten , but curses and damnation do attend them and their possessors , which have gotten them by the murther of their king , or by any other illegal means , as did our english rebels . qvis furor o populus , quae tanta licentia ferri ? discite justitiam moniti & non temnere divos . what madnesse o people , o people what licentious fury possesseth your earthly cottages ? can fish live in the air ? or can fowls live in the sea ? can you scale the heavens , and subdue the almighty ? hor. coelum ipsum petimus stultitia , neque per nostrum patimur scelus iracunda jovem ponere fulmina . the disposing of crowns belongeth to god , and not unto your frail quidlibets , when you go to wrest the crown from your soveraign , you go to fight against god : and through your foolishnesse pull down his wrath upon you . why preach you up your selves the maintainers of the law so much ? alas , thieves cannot live without a law ; for if they do not distribute their stolen goods equally , and according to justice ( as they term it ) divisions and quarrels will soon arise amongst them . but i hope this is not your case , if it is , * honest men will come by their goods : therefore being admonished do not despise your lawfull king and soveraign . si genus humanum , & mortalia temnitis arma , at sperate deos memores fandi atque nefandi , but if you do , and with your vaunting power , and raging violence over-rule all humane strength and ju●tice , yet remember , that the gods remember you , and when your villanies are past and rubbed out of your brittle memories ( for nothing is more pleasing than to forget ones evil actions ) yet then they are most fairly written in gods book , and shall never be blotted out untill your names are razed out of the book of life . what sweetnesse is there in crowns , which makes you so earnest to wear them ? it is your fond conceits to think they are delightfull , there is nothing in them which hath not plus fellis quam mellis , more gall than honie . deformis facies non est deformis amanti . it is only your love which makes them beautifull ; for crowns are not without cares and fears , crosses and losses ; and high seats are alwaies slipperi● . o vilis pannus , said one king , throwing down his royal diadem , were it but known how many miseries and molestations do attend thee , nemo foret qui te vellere tollet humo . no man would stoop to take thee up . antonius the philosopher , emperor of rome , was wont to say , that an empire was malorum oceanus , an ocean of miseries : and surely the time will come , that every one of you with him will say , felix si non imperassem , happie had i been , if i had never reigned : but suppose the crown to be your own , and you everie day to sit upon the throne of majestle , triumphing over all perils and dangers , fare deliciously every day , and with those wicked men which king david speaks of , have what your heart could wish or desire ? yet hor. pallida mors aequo pulsat pede pauperum tabernas regumque turres , death knocks as boldly at the rulers door , as at the cottage of the poor . when you think your selves most secure , then destruction may be nearest at hand , and when you feast your pampered bodies , crying seria cras , then may the sword which must be your executioner hang over your head , but by a hair . vitae summa brevis spem nos vetat inchoare longam . the shortnesse of our lives forbids us to expect eternitie here . where is alexander the great ? where is julius caesar the usurper ? or where is oliver the tyrant ? is he not gone out like the snuff of a candle , even loathsom to his own parasites ? juvenal . et cui non totus sufficit orbis sarchophago contentus erat , mors sola fatetur quantula sint hominum corpuscula . and him whom a whole world of villanies could not satisfie , was at length overcome with a little coffin , and contented with a span of ground , death onely making him stand to his principles . and although you like mistie fogs going against the sun which raised them , rebell against him from whom you have your being , making hoc volo , sic jube● , stat pro ratione voluntas , your will 's the onely reason of your laws , and your laws like traps , only to catch honest men , yet nemo malus felix , there is no wicked man happy . — facilis descensus averni , noctes atque dies patet atri janua ditis , sed revocare gradum , superasque evadere ad auras , h●c opus , ●ic labor est . it is easie for you , nay it is very pleasant to plunge your selves into hell , but if you should join all your heads together , nay unite all your hearts and forces into one intire body ( which it seems is a hard matter for you to do ) yet by all your strength and juggling tricks , ye cannot juggle your selves out again , nay , the devil himself cannot get you from thence , but there you shall burn like wisps , which have done scouring the better vessels , or like the rods which have chastised gods children . your rejoycing shall be turned into mourning , and your deceitfull prating into gnashing of teeth . o curas hominum ! o quantum est rebus ina●e ! how men are taken with their own shadows ? and narcissus-like grope after that which is not . what will it profit a man to enjoy the whole world to day , and lose his own soul to morrow ? david taxed them with foolerie , whose inward thought was that their houses should continue for ever , and their dwelling places to all generations , and call their lands after their own names . how much more then may they be taxed with foolery , who call other mens lands after their own names and think they shall enjoy them for ever ? this their way is their folly , yet their posterity approve their sayings , yet this night shall their souls be taken from them , they shall be laid in the grave , death shall ●eed on them , and the upright shall have dominion over them in the morning , and their beauty shall consume in the grave , from their dwelling ; though while they lived , they blessed themselves , yet when they die they shall carry nothing away , neither shall any thing but their villanies descend with them . the same voice which came to nebuchadnezzar whilest he was boasting of his great babel , shall come from heaven to these babylonians , saying , to you be it spoken , your kingdome is departed from you . and pompey-like you shall die , and have no mold to cover your carcases . nudut pascit aves , jacet en qui possidet orbem exiguae telluris inops . they who living made men run from them through fear , shall now make men run from them by reason of their stink . and i pray god that i may not have cause to say of this city of london , as once seneca said of a city which was burnt to ashes , vna dies interest inter magnam civitatem , & nullam , there is but one dayes difference betwixt a great city and no city ; for what citie in the world so full fraught with sinnes and villanies , as ours ? horace . eheu cicatricum , & sceleris pudet , fratrumque . quid nos dura refugimus aetas ? quid intactum nefasti linquimus ? unde manus juven●us metu deorum continuit ? quibus pepercitaris ? o utinam nova incude diffindas retusum in massagetas arabesque ferrum . we blush at scars receiv'd , sinne , brothers fall , vile age what mischief do we shun at all ? what youth his hands for fear of gods contains ? or who from sacred altars spoil refrains ? ah rather our dull sword new forge and whet against the arabian , and the massaget . how do our houses burn with lust ? and our chambers with pride and wantonnesse , whilest the streets blush with the blood of prophets ? to see the children murther their great , yet loving father , before his own door . o almighty god pardon our infamous paticides , and regicides , and cloze up those wounds which our sins have made so wide that none but thy right hand can cure them . — miserere laborum tantorum , miserere animi non digna ferentis . relieve the distresses of thy saints , and take pity upon those who are wrongfully persecuted ; turn rather than confound the hearts of all men , and open the casements of our ignorant ( yet zealous ) minds , that by the true light of the gospel we may walk in faithful obedience towards thee our god , and towards our lawful king and soveraign , whom thou , not men and satan have placed over us : and let all men learn that which a divine and honourable poet hath left us . the world 's a bubble , and the life of man lesse than a span , in his conception wretched , from the womb so to the tomb ; curst from the cradle , and brought up to years , with cares and fears : who then to frail mortality shall trust , bu● limnes the water , or but writes in dust . yet since with sorrow here we live opprest , what life is best ? courts are but onely superficial schools to dandle fools . the rural parts are turn'd into a den of savage men ; and where 's a city from all vice so free , but may be term'd the worst of all the three ? domestick cares afflict the husbands bed , or pain his head ; those that live single take it for a curse , or do things worse . some would have children , those that have them mone or wish them gone . what is it then to have , or have no wife , but single thraldome , or a double strife ? our own affections still at home to please , is a disease . to crosse the sea to any forein soil , perils and toil . wars with their noise affright us ; when they ceas● we are worse in peace . what then remains ? but that we still should cry not to be born , or being born to die . the king of englands soveraignty proved and approved by the common law , to be above both parliament and people ; inferiour to none on earth , but god almighty : and that neither the people of england , nor any other his subjects , either distributively , or collectively in one intire body , ought to call the king in question for his actions , though they be never so wicked . the sweet harmony and concordance of the law of god , and the law of the realm in maintaining the royal prerogative of our soveraign , manifested . the kings coronation is onely a ceremony , no part of his title . how the changeling statesmen of our times , ( who will not endure that the king should have soveraignty over them his vassals , ) make themselves absolute kings over the scripture , and law books , and make the law and the gospel speak in what sense their wicked wills and lusts vouchsafe . resistance of the power unlawfull . the subjects duty to their soveraign . their reward and remedy if they be punished wrongfully . reverend bracton cleared from mr. pryns false aspersions , mr. pryns character , his book entitled the sover●ign power of parliaments and kingdomes , arraigned , convicted and condemned , and his confident averment therein . that it was not saint pauls , nor the holy ghosts meaning to inhibit defensive wars of the subjects against their king , proved to be apocriphal , and that saint paul like an honest man ) spoke what he meant , when he said , let every soul be subject to the higher powers , though mr. pryn would have his words and his meaning two things . how mr. pryn worshipped the long parliament heretofore as a sacred deity , when it acted wickedly , and now despiseth it , as idolatry ; and an advertisement to him to write a book of retractations . to go about to prove , that the king of england , &c. hath the supreme power over the parliament and people , deserveth as much derision , as to go about to prove that the sun shineth at noon day , or that the heavens are above the earth , yet since there are those amongst us , who like the sodomites grope for light in the clearest day , and have the i●pudence to publish for truth , that which their conscience telleth them is false , i will give you a tast of our lord the kings soveraignty , which lieth dispersed and scattered about in our law books . jus c●ronae , the law of the crown is the principal part of the laws of this realm , co. lit. .b. . b . a e. cap. . register inter jura regia , &c. for since the common law of the land , is common usage , expressed in our books of law , and judicial records , co. lit. a. plowden . finch a. the government of this kingdome by a royal soveraign is become a fundamental law , being as antient as history it self , and used from the time whereof the memory of antiquity is not to the contrary . and since that the ligeance , faith & obedience of the subject is due unto the king by the law of nature , co. l. . fol. . as well before , as after the municipal and judicial laws were made , our law-books like faithfull subjects ( being the magazine of law ) from their alpha to omega could preach no other doctrine than allegeance , faith and due obedience to their soveraign the king , whom they all confesse and testifie to be the supreme lord and head of the common-wealth , immediately under god , above all persons , in all causes . finch in french , fol. . in english . co. lib. . . le roy est caput & salus reipublicae , & à capite bona valetudo tranfit in omnes , lib. . . the king is the fountain of justice , tranquillity and repose , plowden . therefore nil desperandum rege duce , & auspice rege , nothing can come amisse to us , the king being our guide and soveraign . reges sacro aleo uncti spiritualis jurisdictionis sunt capaces , kings being the lords anointed are nursing fathers to our church . the king of england est monarcha & imperator in regno suo , davis irish reports fol. . the almighty hath said , that they are gods , and our common laws of england being founded on the laws of god do likewise attribute to them a shadow of the divine excellencies , viz. vvingates maxim fol. . divine perfection . infinitenesse . majesty soveraignty . . perpetuity . justice . . truth . omniscienc of which i have already treated ; nay as god is a king in heaven , so the king is stiled , a god upon earth . finch . he is the head , father , physician , and husband of the common-wealth ; he is gods lieutenant , deputy , vicegerent , receiving his commission from god , not from the people . these are the titles which the common laws of england give to the king. a divine sentence is in the lips of the king , his mouth transgresseth not in judgement , prov. . . saith gods word , therefore the law receiveth it for a maxim , that the king can do no wrong , co. lit. f. . he is rex gratia dei non populi , king by the grace of god , not of the people , the most high ruleth in the kingdom of men , and giveth it to whomsoever he will , dan. . . therfore all the lands and tenements in england , in the hands of subjects , are holden mediately or immediately of the king , but the king is tenant to none but god , h. : . co. lit. . for , praedium domini regis est directum dominium , cujus nullus author est nisi deus , only god is the author and donor of the kings dominions . therefore the possessions of the king are called , sacra patrimonia & dominica coronae regis . the king is the lords anointed , sam. . . therefore the law giveth reverence to his person , and maketh him supreme in ecclesiastical causes . the villain of a lord in the presence of the king cannot be seized , because the presence of the king , is a protection to the villain for that time , ass . pla. . is it fit to say to a king , thou art wicked , and to princes , ye are ungodly ? job . . therefore no civil ( much lesse criminal ) action lyeth against the king , if he doth unjustly , the only remedie against the king is by petition and supplication , for who shall command the king ▪ stamford praer . fol. . bracton fol. . flera fol. . finch . the prerogative which the common-law giveth the king is so large , as sir henry finch saith , that you shall find that to be law almost in every case of the king , that is law in no case of the subject , finch fol. . and therefore sir john davis in his preface confidently averreth , that the common-law doth excel all other laws , in upholding a free monarchy , which is the most excellent form of government , exalting the prerogative royal , and being tender , and watchful to preserve it , and yet maintaining all the ingenuous liberty of the subject . nay so carefull is the law of the kings soveraignty , that in all cases from the highest to the lowest , it demonstrateth the kings supreme power and dignity . the law will not permit any subject to come so near the king , as to be jointenant with him , for if lands are given to the king and a subject , or if there be two jointenants , and the crown descend to one of them , the jointure is severed , and they are tenants in common ; for no subject is equal with the king , co. lit. . plowd . com. in seig. barkleys case . nay rather than the su●●ect shall be equal with the king in any thing , he shall lose all ; for the king being tenant in common of entier chattel personal , he shall have the whole , as if an obligation be made to two , or two possessed of an horse , and one is attainted , the king shall have the whole duty of the obligation and the horse , el. pl. . finch . . to instance all particular cases , is endlesse and impossible , all land is holden of the king immediately , or by means , himself not having any higher upon earth of whom to hold , ass . pl. . eli. pl. . for it would be against common right and reason , that the king should hold of any , or do service to any of his subjects , saith cook , lib. . . because he hath no superior but god almighty , cook lit. . escheats of all cities appertaineth unto the king , all mines of gold and silver , or wherein the gold and silver is of the greater value , appertain unto the king , e. . escheat . el. plo. . the king is anima legis , he governeth and defendeth the law , all writs and processe run in his name , and receive authority onely from him ; and all persons have their power from him , and by his writ , patent , or commission . the king hath the sole government of his subjects . the body politick and the natural body of the king make one body , and not diverse , and are inseparable and indivisible , plo. . . lib. . . rex tuetur legem , & lex tu●tur jus . we mu● be for god and the king , because by his laws we are protected , and it is a miserable case to be out of the kings protection , co. lit. . all jurisdictions and the punishment of all offenders against the laws , belongs to the king ; and treasons , felonies and other pleas of the crown , are propriae causae regis . for why ? the king is viva lex , a living law , who only hath power to give laws , and therefore he only ought to punish those who break them : not the parliament as it is called , viz. the two houses , or either of them singly , because they without the king can make no law , and therefore they are murtherers , because they have put to death many worthy innocents , having no other law , but their own wicked wills . and for my part , if any one should tell me that the law of england , is nothing but the will of the king , i could not disprove him ; for what are the great volumes of our statutes , but the monuments and repertory of the kings will ? what is the reason , that it is a law that the king cannot make new or alter old laws , but in parliament with the consent of his lords and commons ? because the king was pleased to will it so , for it was not so from the beginning . the king was long before parliaments , and therefore did most certainly make laws without them . what is an act of parliament , but the will of the king , nay what is magna charta , but a roy le veilt ? all our rights and liberties we enioy , are by the gracious concessions of our soveraign lord the king , who esteemeth our good , and freedom , his best praerogative and happinesse ; omnium domos , illius vigilia defendit , omnium otium , illius labor , omnium delitias , illius industria , omnium vacationem , illius occupatio : the king by his watch , and diligent care , doth defend , and keep every mans house in safety : his labour doth maintain and defend every mans rest and quiet , his diligence doth preserve and defend every private mans pleasure and delight , his businesse doth maintain and defend every mans leasure ; so that ( as manwood hath it ) even as the head of a natural body doth continually watch , and with a provident care still ook about for the safety , and preservation of every member of the same body : even so the king being the head of the body of the commonweal , doth not only continually carry a watchful eye for the preservation of peace , and quietnesse at home amongst his own subjects , but also to preserve , and keep them in peace and quietnesse from any forein invasion : therefore if the rebells since the murther of our gracious king charles the first , have taken the freeborn subjects of this nation , and imprisoned them like slaves without any just cause or due processe of law ; if they have violently driven us from our lands and livelyhoods , possessing themselves of them , and taken away our free customs and liberties ; if they have unjustly deprived us of the benefit of the law , banished us out of our country , and destroyed us with their high courts of injustice , without the verdict of our equalls , contrary to the law of the land ; if they have delayed justice and right , denyed it to all men , and granted it to no man , but to those who would buy it , blesse god for charles the first , and pray for the restauration of charles the second . praise god for their noble praedecessours , who have been our nursing fathers , and their queens our nursing mothers , who have willed and enacted magna charta , ca. . nullus liber homo capiatur , vel imprisonetur , aut dissisietur de libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut utlagagetur , aut exuletur , aut aliquo modo destruatur , nec super ibimus , nec super eum mittemus nisi per legale judicium parium suorum , vel per legem terrae , nulli vendemus , nulli negabimus , aut differemus justitiam , vel rectum . that no man should be arrested , imprisoned , disseised of his free-hold , of his liberties , or free customes , or out-lawed , b●nished , or otherwise destroyed , but by the verdict of his equals , and the law of the land , neither should law and justice be delayed , sold or denyed to any man , but the king in judgment of law , is present in all his courts of justice , repeating these words , we will sell , deny , nor delay justice and right to no man , inst . . . o magnificent , blessed , and golden oration ! it proceeded from the lips of kings , and we shall never hear such doctrine preached again in any of our courts of justice , untill our king be restored to his own , and sit judge amongst us . it was king charles the first who granted that the burthen of excise should not be laid on the shoulders of his subjects , but the rebels with their intollerable and monstrous excises , new found impositions , and other unspeakable grievances , have beggered the subjects , and undone the whole kingdome both in their estates and reputation ; to be short , whatsoever they voted unlawfull for the king to do , they have done that , and ten thousand times worse : so that though we want not bodies to feel the miseries , which they have brought upon us , yet we want tongues to expresse the wofulnesse of our condition , and the incomparable wickedness of these traytors . and what greater pretence have they had for their actions , than to say , that the king was not the supreme governour over his subjects ? a contradiction in it self ; but we will proceed further to manifest their error . sir thomas smith in his common-wealth of england , saith , cap. . by old and antient histories that i have read , i do not understand that our nation hath used any other general authority in this realm , neither aristocratical , nor democratical , out only the royal & kingly majesty , who held of god to himself , & by his sword , his people & crown , acknowledging no prince on earth his superiour , and so it is kept , & holden at this day ; which truth is sufficiently warranted in our law-books . the state of our kingdome ( saith sir edward cook li. . ep. ad lectorem ) is monarchical , & from the beginning by right of inheritance hath been successive , which is the most absolute and perfect form of government ; excluding interregnum , and with it infinite inconveniences , the maxim of the common law being regem angliae nunquam mori , that the king of england never dyeth ; then doubtlesse the rebels could not by law mortifie both the natural and politique capacity of the king. and in calvins case li. . the weightiest case that ever was argued in any court , than which case ( according to my lord cokes observation ) never any case was adjudged with greater concordance , and lesse variety of opinions , and that ( which never fell out in any doubtfull case ) no one opinion in all our books is against that judgment , in this case it was resolved amongst other things , fo. . &c. . that the people of england &c. were the subjects of the king , viz. their soveraign liege lord king james . . that ligeance , or obedience of the subject to the soveraign , is due by the law of nature . . that this law of nature is part of the laws of england . . that the law of nature was before any judicial or municipal law in the world . . that the law of nature is immutable , and cannot be changed . from which resolutions we may conclude , that the subjects of the king of england ( unlesse they like god almighty could alter the law of nature , ) they could not alter their obedience and subjection to their soveraign lord king charles . for if by the law of nature obedience from them was due to the natural body ( as i shall further prove ) of king charles ; and if the law of nature is immutable , ( as most certainly it is , bracton lib. ca. . d. & stu. ca. . & . ) then could not they have any cause whatsoever , ( as altering their religion , banishing , or killing of them ) a sufficient ground for them to take up arms against him , and put him to death . for by this they go about to change the law of nature , which is impossible for mortals to do : but say some , by the law of nature we may defend our selves , and therefore leavy war against the king for our own defence ; i answer , that by the law of nature we are bound to defend our selves , yet must we use no unlawfull means for our defence ; for the subjects to levy war against their soveraign , is forbidden both by the laws of god and nature . therefore vain and foolish is that excuse , as well as all others which the rebels make use of to defend their rebellion . ligeance is a true and faithfull obedience of the subject due to his soveraign , it is an obligation upon all subjects to take part with their liege lord against all men living , to aid and assist him with their bodies , and minds , with their advice and power ; not toft li up their arms against him , nor to support in any way those who oppose him . this ligeance and obedience is an incident inseparable to every . subject of england ; and in our law-books , and many acts of parliament , as in h. . cap. . h. . cap. , &c. the king is called the liege lord of his subjects , and the people his liege subjects . every subject of england taketh the oath of ligeance , which is only due unto the king , yet doth not the ligeance of the subject to the king begin at the taking of this oath at the leet ; for ( as it was resolved in calvins case ) so soon as the subject is born , he oweth by birth-right ligeance and obedience to his soveraign lord the king. because ligeance , faith and obedience of the subject to the soveraign , was by the law of nature written with the finger of god in the heart of man , before any municipal , or judicial laws were made : . for that moses was the first reporter or writer of law in the world , yet government and subjection was long before moses . . for that it had been in vain to have prescribed laws to any , but to such as ought obedience , faith and ligeance before , in respect whereof they were bound to obey and observe them , frustra enim feruntur leges , nisi subditis , & obedientibus . you may read likewise in calvins case , that the king of england hath his title to the crown by inherent birth-right , by descent from the blood royal , from god , nature , and the law , and therefore not by way of trust from the two houses of parliament , or from the people ; neither is his coronation any part of his title , but only an ornament , and solemniation of the royal descent ; for it was then resolved , that the title of king james was by dessent , and that by queen elizabeths death , the crown and kingdom of england descended to his majesty , and he was fully and absolutely thereby king , without any essential ceremony , or act to be done ex post facto . so in the first year of the same kings reign , before his majesties coronation , watson and clarke , seminary priests , and others , were of opinion , that his majesty was no compleat and absolute king before his coronation , but that coronation did adde perfection to the descent , and therefore ( observe saith my lord cook their damnable and damned consequent ) that they by strength and power might before his coronation take him and his royal issue into their possession , keep him prisoner in the tower , remove such counsellors , and great officers as pleased them , and constitute others in their places , &c. and that these , and others of like nature , could not be treason against his majesty , before he was crowned king. but it was clearly resolved by all the judges of england , that presently , by the descent , his majesty was compleatly and absolutely king , without any essential ceremony or act to be done ex post facto , and that coronation was but a royal ornament , and outward solemniation of the descent . and this evidently appeareth by infinite presidents and book cases , where such execrable opinions have been no sooner hatched , than destroyed ; and if the judges of our age had been so honest , as to have cropped in the bud such like opinions broached by the rebells , charls the first had still been our king , and we a flourishing and happy kingdom . although the king of england hath two capacities , the one by nature , the other by policy ; yet ligeance is due to the king in his natural capacity , and his natural and politick body make but one indivisible body , plo. . the oath of alligeance is made to the natural person of the king , so is the oath of supremacy , and all inditements of treason , when any do intend , or compasse mort● et destructionem domini regis , the death , and destruction of the lord our king ( which must needs be understood of his natural body , for his politick body is immortal , and not subject to death ) the inditement concludeth , contra ligeantiae suae debitum , ergo , the ligeance is due to the natural body , vid. fitt . justice of peace , . plo. com. . in the earl of leicesters case ; it is true , that the king in genere dyeth not ; but no question in individuo he dyeth , as for example charls the first dyed , yet the king is not dead , because charls the second ( whom god preserve ) is still alive . for by the laws of england , there can be no interregnum within the same , lib. . . and to affirm , ( as the traytors now do ) that the kings power is separable from his person , is high treason by the law of the land ; hear the oracle of the law tell you so , lib. . , in the reign ( saith he ) of edward the second , the spencers , the father , and the son , to cover the treason hatched in their hearts , invented this damnable and damned opinion ; that homage , and oath of ligeance , was more by reason of the kings crown , ( that is of his politick capacity ) than by reason of the person of the king , upon which opinion they inferred execrable , and detestable consequents . . if the king do not demean himself by reason in the right of his crown , his lieges are bound by oath to remove the king. . seeing that the king could not be reformed by sute of law , that ought to be done by aspertee , that is by force . . that his lieges be bound to govern , in aid of him , and in default of him . all which were condemned by two parliaments , one in the reign of e. . called exilium hugonis le spencer , and the other in anno e. . cap. . if the opinions of the spencers were so wicked , and detestable , what then are the actions of the rebells of our age ? who have put in practice , what was but intended by the spencers , and that they might reform the king according to their minds , cut off his head , because he was a headhigher than they . o monstrous reformers . did i not know that the euthusiasts of our times , do by their diabolical interpretations , subvert even the holy word of the almighty , making themselves absolute kings over the scripture , to do what they please with it , though they will not permit their king to have soveraignty over themselves his vassals ; and , like the raging torrent of the foaming flouds , which running down the lofty hills , demolisheth and carrieth away all opposites in its roaring streams ; or as the violent fury of a masterless , headstrong multitude , who hew down kings , as well as royal subjects , in their tempestuous fury : so these men set upon the bible , and stretch every text of scripture to their own meaning , although there is as great a distance between their meaning , and the scripture , as there was betwixt the glutton in hell , and lazarus , in abrahams bosom in heaven , else should i wonder , how they could seem to make the very letter of the law speak against the very letter , and like the philosophers stone , which turneth all things into gold , so the tongues of these men turn the sense of all the lawbooks into their golden meaning , and cite those books as authorities on their sides , which are so contrary , and opposite against them , as if they had been purposely prepared to encounter and confute them ; for where is the kings soveraignty more fully demonstrated , and evidenced , than in reverend bracton ? and what book so much abūsed as his ? for lib. . cap. . speaking of liberties , and who had power to give them , quis ? saith he , who hath power ? he answereth that the king hath . for , sciendum , quòd ipse dominus rex , qui ordinariam habet jurtsdictionem , et dignitatem , et potestatem super omnes qui in regno suo sunt , habet enim omnia jura in manu sua , quae ad coronam , et laicalem pertinent potestatem , & materialem gladium , qui pertinet ad regni gubernaculum , habet etiam justitiam , et judicium , quae sunt jurisdictiones , ut ex jurisdictione suae , sicut dei minister , & vicarius , tribuat unicuique quod suum fuerit . habet enim ea quae sunt pacis , ut populus sibi traditus in pace sileat , & quiescat , & ne quis alterum verberet , vulneret , vel male tractet , ne quis alienam rem , per vim & roberiam auferat , vel asportet , ne quis hominem mahemiet vel occidat . habet enim coercionem , ut delinquentes puniat , & coerceat . item habet in potestate sua leges , & constitutiones , assisas in regno suo provisas , et approbatas , et juratas , ipse in propria persona observet , et subditis suis faciat observari , nihil enim prodest jura condere , nisi sit qui jura tueatur . habet igitur rex hujusmodi jura five jurisdictiones in manu sua ; and again in the same chapter , ea quae jurisdictionis funt & pacis , & ea quae sunt justitiae , & paci annexae , ad nullum pertinent , nisi ad coronam , & dignitatem regiam , nec a corona separari poterunt cum faciant ipsam coronam . the sum of which in english is this , the king hath supreme power in all civil causes , the law floweth solely from him , he is super omnes , above all men in his kingdom , all jurisdictions are in him , the material sword of right belongs to him , and whatsoever conduces to peace , that the people committed to his charge may live peaceably and quietly . the power of holding assizes is derived from him , and of punishing delinquents , for it would be in vain to enact laws , if there was not some body enabled to protect us by defending them &c. and the same author saith lib. . ca. . potentia vero omnes sibi subitos praecellere , parem autem habere non debet , nec multo fortiùs superiorem , and a little after in the same chapter , exercere rex debet potestatem juris , sicùt dei vicarius in terra et minister , quia ea potestas solius dei est . the king doth excell all his subjects in power , he hath no equal , much lesse a superiour , because his power is from god only , he is gods vicar , therefore not the peoples . and again , li. . ca. . item in temporalibus sunt imperatores , reges , et principes , in hiis quae pertinent ad regnum , et sub eis duces , comites , barones , magnates sive vavasores , et milites , et etiam liberi et villani , et diversae potestates sub rege constitutae . and a little after , sunt etiam sub rege liberi homines , et servi ejus potestati subjecti . et omnis quidem sub eo , et ipse sub nullo , nisi tantum sub deo ; parem autem non habet in regno suo , quia sic amitteret praeceptum , cum par in partem non habeat imperium . item nec multo fortius superiorem , nec potentiorem habere debet , quia sic esset inferior sibi subjectis , et inferiores pares esse non possunt potentioribus , ipse autem rex non debet esse sub homine sed sub deo , et sub lege , quia lex facit regem . dukes , earls , baronets , knights , the worthies of the land , free-men and villains , all are under the king , and the king under none but god , he hath no peer in his realm , because then he would lose his command , for amongst equals there can be no empire , therefore much lesse hath he any superiour , or more powerfull than himself , because then he would be inferiour to his subjects , and inferiours , ( as the subjects are , ) cannot be equal with the more powerfull , ( as the king is . ) but the king ought not to be under man , but under god , and the law , because the law makes him king. but what if the king should swerve from the rules of the law , destroy his subjects and their estates without a cause , may the subjects take up arms against their soveraign , and compell him by force to do that which they cannot perswade him to by fair meams ? no , saith bracton , li. . ca. . si autem ab eo petatur ( cum breve non currat contra ipsum ) locus erit supplicationi , quòd factum suum corrigat , et emendet , quod quidem si non fecerit , satis sufficit ei ad paenam , quod dominum expectet ultorem . nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum-venire , no enditement of high treason &c. lieth against the king , our only remedy is to petition his sacred majesty , but if he will not hearken to our just and reasonrble requests , satis sufficit , nay his punishment is more than enough , for he must render an account one day to him who judgeth righteously , who will give us all a hearing , the beggar as well as the king. but let not men ( in the mean time ) presume to question the deeds of the king , much lesse rebel against him , and undoe by force , what the king shall do though not according to right . and that you may know that bracton fully meant that the subjects ought not to rise against the king though he acted unjustly , he repeats his mind in other places , li. . tract . . de defaltis , cap. . . where he puts the case , that if the king should do injury , and will not suffer the law , but his will to take place , quo casu cum dominus rex super hoc fuerit interpellatus , in eadem perstiterit voluntate , quod velit tenentem esse defensum injuria cum teneatur justitiam totis viribus defensare , ex tunc erit injuria ipsius domini regis , nec poterit ei necessitatem aliquis imponere , quòd i●la● corrigat , et emendet , nisi velit , cum superiorem non habeat nisi deum , et satis erit illi pro paena quòd deum expectat ultorem . if the king who is bound to administer justice to his utmost power , being petitioned , will not recall , and amend the wrong he did , he injures his subjects , but no body can force him to do right , because he hath the supreme power , he hath no superiour but god , and it is punishment enough for him , to expect that god to whom vengeance only belongeth , will take vengeance on him . to every point which i have cited out of bracton , doth fleta unanimously agree . what man then , so impudently wicked ? what hand so wilfully audacious ? what pen can there be so repugnant , and contradictory to all truth ? as to affirm and publish to the world , that bracton writeth , and is so to be understood , viz. that the people have the soverainty over the king , and may call him in question for his actions , & so punish him for his offences . o traytor to the king , and sycophant of bracton . mr. willian prynne of lincolns-inne is the man , who with his hand and pen ( i cannot say heart ) hath promulged this false doctrine to the world , in his book called the soveraign power of parliaments and kingdoms : wherein ( according to mr. sandersons expression , in his history of king charls the st . fo . . ) prynne pretends to overthrow all scripture proofs against killing kings and princes . for my part i bear not the least grudge or animosity to the mans person ; but his book is such a rapsody of nonsense , a bundle of rebellion , and treason , a pamplet so seditious , pernicious , sophistical , jesuitical , trayterous , and scurrulous , that i want mr. prynnes epithites , to give his own book , its deserved odium ; wherein ( as mr. fuller in his church history , lib. . fol. . well observeth ) he delighteth more to be numerous with many , than ponderous with select quotations , which maketh his books to swell with the losse of tentimes of the reader , sometimes of the printer , and his pen generally querulous , hath more of the plantiff than of the defendant therein . i mention mr. prynne , and his book here , only to put him in mind of the wrong which he hath done both to our soveraign the king , and the whole kingdom ; he being the greatest , ( if not the only champion , ) who rook upon him , to vindicate , and applaud , those treacherous , damnable , and rebellious proceedings , and unchristian , inhumane , and unnatural warr against the king , of that monster , called the long parliament , whom , now he laboureth as much to vilifye , as he did then to promote . o trayterous offspring , which killeth his mother only , because she will not give him , suck ! if he repent , why doth he not write a book of retractations ? if he looketh upon his book intituled , the lawfulnesse of the parliaments necessary defensive war , both in point of law and conscience , i am sure , he will have cause enough to repent of his writing , if he hath any law or conscience in him . and he hath no way better to redeem his credit , than by a publique confession . god may pardon him , and the king may pardon him , if he repenteth ; but without repentance , he must expect nothing but a traytors reward in this world ; i leave him to gods mercy in the world to come . but since it is the manner of worldlings to set the best side formost , the purest grain commonly lyeth in the mouth of the sack , and a fair apple many times hath a rotten coar ; therefore behold the specious title of mr. prynnes book , and the cunning sophistry , in his mental reservation , by which he hath deceived the common people , befooled himself , and undone the whole kingdom ; the title of his book is , the parliament and kingdom are the soveraign power . any man would think , that by the word , parliament , mr. prynne meant the king , the house of lords , and the house of commons , because by the law of the land , there can be no parliament without the king , neither can the two houses by law act any thing without him , and then if he means so , no man will deny , but that the parliament hath the soveraign power ; but alas he hath no such thoughts , he means ( as by the stuff of his book is manifest ) that the two houses , or the major part of them , have the soveraign power , and that they may enact any thing without the king , as well as with him : thus by lifting up the legs and feet too high , he hath given the head a fall , and battered the whole body into pieces , o unhappy member , who would have the heels execute the office of the brains , and maintain the warr of the inferiour members against the superiour , to be legal , and consciencious ! in his epistle dedicatory to the lords and commons , whom he calleth , eternally renowned senators , and most cordial philopaters ( he will not now tell you , they were eternal ) mr prynne termeth all contrary opinions to his ( though they be the opinions of bishops , and farr better lawers than himself ) to be but the vain , empty , brain-sick , lying fancies of a few illiterate , impolitick court chaplains , lawyers , sycophants , &c. how irreverently , and discourteously , he hath dealt with his gracious soveraign , lord , and master the king , let his book judge , where he can scarce speak of the king at any time , without taxing him with perjury , lying , popery and murther . he raileth against the treachery and disloyalty of popish parliaments , prelates , lords , and subjects to their soveraign , and so concludeth , that they have made greater innovations , and encroachments on the crown , and in an higher degree , than ever did the long parliament , which he hopes will for ever silence the clamorous tongues of all ill counsellers , courtiers , royalists , malignants , papists and cavalliers , against the proceedings of that parliament , ( see the . part of his book , fol. . ) as if the excessive abundance of other mens sinnes , would justifie the sinnes of the long parliament . and indeed , the most of his arguments are à facto ad jus , which ( especially in the kings case ) is no argument at all . the books of the royalists to maintain the kings just prerogatives , he calleth anti-parliamentary pamphlets , and the authors of them he calleth malignant , popish vipets , illiterate , ignorant , injudicious court doctors and lawyers , and anti-parliamental momusses : but is not mr. prynne the anti-parliamental momus and viper ? who setteth the body above the head , maintaineth that the two houses , or the major part , have the soveraign power , may act without the king , levy warre against him , and kill him too , by defending themselves ; which as he telleth you , he will justifie both in point of law and conscience . o unhappy law ! o the no conscience ! which teacheth men to kill kings , and the subjects to levy warre against their soveraign ; david , the lords anointed , cryed , the lord forbid that he should do this thing : but mr. prynne a presbyterian , cryeth , the lord forbid that it should not be done . oh , the difference between a holy david , and a rigid presbyterian ! he maketh the ignorance ( as he termeth it ) of other men , the greatest ground of his arguments ; he calleth all divines and lawyers , a company of seemingly scient , though really inscient , self-conceited , court doctors , priests and lawyers ; doctum genus indoctissimorum hominum , vix ad doroberniam usque docti ; who hold an opinion contrary to his , ( truely so named , by himself vid. epist . . part of soveraign power , &c. ) dangerous paradoxes , and upstart enthusiasmes . he endeavoureth to make us , all our ancestors , and all kingdomes fooles , himself the only omniscient . he revileth the king and all his royal party , by the names of murtherers , popish cut-throats , ignorant momusses , and an unnatural generation of popish and malignant vipers ; but , to his ever honoured , noble , kind friends , the right honourable lord , ferdinando fairfax , the right worshipfull sir william waller , and sir william bruerton , knights , commanders in chief of the parliaments forces , ( which is the superscription to his epistle of the d. part of the sovereign power , &c. ) these he calleth in the vocative case , deservedly renowned worthies . so that , as none but homer could expresse the praises due to homer , so none but mr. prynne can expresse the aspersions which mr. prynne hath cast upon his master , the king , and his betters , the loyal royalists ; for who can come after mr. prynne in railing , where he letteth his pen flye out ? you must take his own interpretations for true maxims , and his own meaning both of scripture and law-books , must go for current doctrine ; otherwise you spoil his whole building ; and that which he recites for him , will be most against him . nay , his averments must passe for undoubted axioms . but you will ask me then , how can mr. prynne be clear from the guilt of blasphemy ? who in his d. part of the soveraign power of parliaments , fol. . declareth himself in these words , viz. i dare confidently averre , it was never the thought , nor intention of paul , or of the holy ghost , to inhibit subjects by defensive armes to resist kings themselves , under pain of damnation . for my part i will not invectively censure mr. prynne , as guilty of blasphemy , nor scold at him as a subverter of scripture , parasite , &c. as he hath done at others who are contrary to him in opinion , but let me tell him , that if he had averred , that it was never the thought , nor intention of st. paul or the holy-ghost to inhibit subjects , by offensive arms , to resist kings themselves , under pain of damnation ; i should have as soon believed him , for saint paul saith , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god , the powers that be are ordained of god , whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist shall receive to themselves damnation . now if st. pauls thoughts and intention be not according to his words , then mr. prinns confident averrment , perhaps may be true ; but if st. paules thoughts and intention be according to his words ( as most certainly they are ) then mr. prinns averrment , is but a false allegation , and a belying of st. paul , and the holy-ghost ; for by saint paules doctrine , he which is not subject too , but resisteth the power , shall receive damnation ; but whosoever with defensive arms resisteth the king , is not subject to , but doth resist the power ; therehe which with defensive arms resisteth the king , shall receive damnation , the major no man can deny , the minor is inviolable , and the conclusion is perfect , and sound . there be those indeed who do confidently averr ( and have written a book too , ) that there were men before adam , but i could never see any scripture , but their own interpretations and meanings to warrant their averments . and untill mr. pryn can produce texts of scripture , to warrant , and maintain his confident averment , he must excuse me , if i still hold st. paules doctrine canonical , and his averment meer apocripha . for suppose the king subverteth both law and religion , yet doth not that take away his supreme power , he is still a king , and gods ordinance ; saul was a king , though an impious sinner , and there have been wicked kings as well as wicked subjects ; to do evil ( saith one , ) is no power , but impotency , therefore if the king command me to murther my self , my father , to destroy my country , or to do any other wicked act , i will not do it , but obey god , not him , because it is his corruption , not any power he hath , from whence his commandment proceedeth : and therefore i am not obliged to obey him , because i must be a subject to his power , not to his sins ; yet if he should run after me with a naked sword to kill me , my father , my mother , ruine my country , laws , and religion , yet would not i with defensive arms , lift up my hands against him , to resist , hurt , and destroy him , because he is still my king , and hath still that supreme power , which god placed in him , although he doth not then execute it , and therefore if i should with defensive arms lift up my hands to resist , hurt , and destroy him , i should with defensive arms lift up my hands to resist , hurt , and destroy the ordinance of god , and so receive damnation for my reward ; not to perform the kings command , is a resistance , although we suffer death ; therefore if it be the kings power and not his wicked will which commandeth me to do an evil thing , if i did not perform his evil commandment , i should resist his power and so be lyable to damnation , although i patiently and meekly suffered death . but doubtlesse the kings power cannot command me to do any evil , but it must proceed from his sinfull will , for god is not the author of any unrighteousnesse , and there is no power but what god is the author of ; therefore according to venerable bede , the apostle doth not say , non est cupiditas nisi a deo , est enim mala cupiditas quae non est a deo , nocendi autem voluntas potest esse a suo quoque animo pravo . that there is no concupiscence but what is of god , for there is an evil concupiscence , which is not from god , and the evil will of sinning proceedeth from our own depraved mindes ; therefore if the king command me to do an evil thing , i ought to obey god , not his wicked will , but rather than to lift up my hands against him , though in my defence , i ought cheerfully and meekly to suffer a thousand deaths , for by dying unjustly here , i shall live eternally in heaven ; and since the glory of a christian is the crosse , by suffering and dying a martyr , i shall obtain everlasting glory , and by my thus doing well , i shall get praise even of the power , which the kings wicked will made use of to destroy me ; but defence against the power of a king is offence , therefore if with defensive arms , i should fight against him , i should resist gods ordinance , and so receive damnation , for by gods ordinance the king hath the power over all , and his actions ought not to be questioned or resisted by any but the almighty . but for my part , i hold clearly , that when the king executeth tyranny , taketh away the lives , or estates of his subjects unjustly , that he doth it not only by reason of his wicked will ( according to the precedent distinction ) but by force , and virtue of his power , which god hath given him , and that this is the power , which st. paul commandeth us to be subject unto , which if we resist , we shall receive damnation , and that for several reasons . it is most certain that there is no power but of god , the powers that be are ordained of god , for by him were all things created , that are in heaven , and that are in earth visible and invisible , whether they be thrones , or dominions , or principalities , or powers , all things were created by him , and for him , col. . . ( which expressions in the abstract , do expresse existents in the concrete ) from whence it followeth , that bad kings have their power from god , and are gods ordinance , as well as good ; and it is manifest in scripture , that wicked kings are often sent for the punishment of a nation , as in hosea . . i gave them a king in my wrath , and took him away in mine anger ; and god commandeth us to pray for , and be subject , not only to the good , but also to the bad kings . i exhort you that prayers , and supplications , and thanksgiving be made for all men , for kings , and such as are in authority . tim. . . thus abraham prayed for king abimeleck , gen. . . and jacob blessed the king of aegypt , gen. . . yet the kings of those times were infidels , and most notoriously wicked ; no man is ignorant , that nebuchadnezzar who destroyed jerusalem , was a great spoyler and oppressor , yet the lord tells us by ezekiel , that he had given unto him the land of aegypt , for the good service he had done in laying it waste on his commandement . and daniel said unto him thus , dan. . . thou o king art a king of kings ; for the god of heaven hath given thee a kingdom , power , and strength , and glory , and wheresoever the children of men dwell , the beasts of the field , and the fowls of heaven , hath he given into thy hand , and hath made thee ruler over them all . again to belshazzar his son , dan. . . the most high god gave unto nebuchadnezzar thy father a kingdom , and majesty , and glory , and honour , and for the majesty that he gave him , all people , nations , and languages , trembled and feared before him ; and again , jer. . . i have made the earth saith the lord , the man and the beast that are upon the ground , by my great power , and by my outstretched arm , and have given it unto whom it seemed meet unto me ; and now have i given all these lands into the hands of nebuchadnezzar king of babylon my servant , and the beasts of the field have i given him also to serve him , and all nations shall serve him , and his son , and his sons son , untill the very time of his land come : and it shall come to passe , that the nation and kingdom which will not serve the same nebcchadnezzar king of babylon , and that will not put their neck under the yoke of the king of babylon , that nation will i punish , saith the lord , with the sword , and with famine , and with the pestilence ; wherefore serve the king of babylon , and live . and st. peter saith , servants ( all the kings subjects are his servants ) be subject to your masters ( the king is our soveraign lord and master ) with all fear , not only to the good , and gentle , but also to the froward ; for this is thanks worthy , if a man for conscience toward god , endure grief , suffering wrongfully . from which it is most evident , that we ought , and are commanded to be subject to evill kings , who are degenerated into tyrants . if then the power of evil kings commeth from god , if god commandeth us to pray for them , and to be subject to them , and if they are gods ordinance ( as most certainly they are ) it consequently followeth , that he which with defensive or offensive ( i can make no distinction , for ubi lex non distinguit , non est distinguenda , ) arms , resisteth an evil king , resisteth gods ordinance , and shall receive damnation ; what then , if the king command us to doe evill , must we doe it ? god forbid , nay god hath forbidden it , therefore we must obey god , not the king ; yet must we not unjustly resist him , but rather , resign up our lives and estates into his hands : for we must needs be subject to the king , not only for wrath , but also for conscience sake , saith s. paul. but our objecter saith , that if it be the meaning of the apostle , to inhibit the resistance of the kings unlawful commands , then , to flye , or to die , rather than obey , is likewise inhibited , because the not performance of the command , is a resistance . to which i answer , that i may confidently averre , that it was never the meaning of st. paul , nor the holy ghost , to inhibit this kind of resistance under the pain of eternal damnation : it being the doctrine and practise of our saviour , and all the apostles , when they were persecuted in one city , to fly into another , matth. . . and all of them willingly suffered death under wicked kings : but you shall never find that they resisted with defensive arms , but both with their lives , deaths and doctrine , set forth the contrary . but if this kind of resistance be inhibited by the apostle , you must understand , that the penalty is temporal , not eternal damnation . the word in the original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth judicium , and so it is used in several places in the new testament , as in matth. . . luke . , &c. for temporal damnation and judgment . so that we may conclude , that the intention of the apostle was , that whosoever resisteth the lawful commands of the king , shall receive damnation both from god and the king ; and he which doth not perform the unlawful commands of the king , shall receive temporal judgment , and damnation from the king , but salvation , and life everlasting from god : but whosoever useth unlawful resistance against the kings unlawful commands , as defensive arms , &c. must expect temporal judgment and damnation from the king , and eternal judgment and damnation from the almighty . but what , doth god give power to kings to take away mens lives and estates unjustly ? i answer that he doth ; the devil himself hath no power , but what god giveth him . it is the wisdome of the almighty , oftentimes to scourge his people for their sins , with the power which he giveth to wicked kings : the king is a minister of god ( saith st. paul ) a revenger , to execute wrath upon him that doth evil : and sometimes to try them , that he may make them the more happy and glorious ; god gave power to the devil to afflict job , who had not his like in the whole earth , a perfect , and an upright man , one that feared god , and eschewed evil , job . . . and what made job so famous , as his miseries ? had not job had sore boyles , we should never have heard of job's glory , and good fortunes ; and was it not the lord which authorized the devil to afflict him ? it was , for the devil had not power to touch him , until he had desired god to put forth his hand , and touch his bone , and his flesh ; which made holy job to cry , the lord hath given , and the lord hath taken , not the devil , for he was but the instrument : so god oftentimes by the power which he giveth to kings , afflicteth his dearest children , both in their bodies , and estates ; yet cannot unrighteousnesse be imputed unto god ; because he doth it for their good : but the wicked wills of kings , which use the power which god giveth them , so unjustly , are unrighteous , and shall by the almighty be punished , according to venerable bede , injustum enim non est ut improbis accipientibus nocendi potestatem bonorum patientia probetur , & malorum iniquitas puniatur . it is not unjust in god , that the patience of the good be proved , and the sins of the wicked punished , by the power which is given the wicked to offend ; for by the power given to the devil , job was tried , and appeared to be just ; st. peter was tempted , that he should not presume too much upon himself ; and judas was condemned , that he hanged himself . but it is unjust in the king to use it . wilt thou then not be afraid of the power ? ( saith the apostle ) do that which is good , and thou shalt have praise of the same . a good man will have praise of the power , let the king be good or evil : if the king be good , he will cherish the good , and reward their piety and goodnesse , with praise and dignity : but if the king be evil , yet shall the good receive praise from the power . it is the glory of a chrstian to suffer wrongfully , his unjust miseries are his best herauldry to ennoble him ; and every injury offered to him , is as a crown of gold set on his head ; he had rather be punished for a thousand faults wrongfully , than for one justly ; for what glory is it if when ye be buffeted for your faults , ye shall take it patiently ? but if when ye do well , and suffer for it , ye take it patiently , this is acceptable with god , peter . . non dicit ab illa , sed ●ex ea ( saith reverend bede ) quia etsi potestas humana non laudat , immo si etiam persequitur , si occidit gladio , ut paulum , si crucifigit , ut petrum , habebis ex illa laudem , dum ex eo quod illa malefacit in te , justum , et innoxium , tuae virtutis patientia coronam laudis meretur . all the apostles , and martyrs received a crown of glory by their sufferings under tyrants , and so will every good man. for they are the ministers of god to them for good , though they oppresse , nay kill the innocent , and righteous , they do not hurt them , but do them good ; as the best gold is purified in the fire , so the best christians are discerned from the drosse , by their afflictions . that mettle is never good which turneth again , and the good christian will suffer himself to be broken in a thousand pieces , before he will turn again with resistance , against his persecuting king ; for why ? he knoweth that though he suffer here on earth , yet god will glorifie him in heaven , though he be contemned by the king , yet he shall be exalted by god , and though he dye by the kings unlawfull command , yet his comfort is , that his dead body shall arise , by the eternal decree of the almighty , and so the good will always receive praise of the power . neither are the rulers a terrour to him , because he always aboundeth with good works . hor. integer vitae , scelerisque purus , non eget mauri jaculis , nequè arcu● nec venenatis gravida sagitis , fusce , pharetra . who lives upright , and pure of heart , oh fuscus ) neither needs the dart nor bow , nor quiver fraught with store of shafts envenom'd by the moor. innocence is the only buckler which protecteth a loyal subject from the terrour of his soveraign ; but traytors , who have rebelled against their king , & deserved death by the known laws of the land , these men must preach up mr. prynnes doctrine to cover their malice , hold the truth in unrighteousnesse , and when with offensive arms , contrary to all law and religion , and against their allegiance and oaths , they set upon the kings sacred majesty , and with an innumerous multitude of unhallowed rebels , they fight against , and strive to murther their dread soveraign in the open air ; they must have the impudence with mr. prynne , to excuse themselves , may think it a glorious apology , to averr confidently that it was never the meaning of st. paul , nor the holy ghost , to inhibit subjects to take up defensive arms against kings themselves ; and thus they invoke st. paul himself , and the holy ghost , to patronize their wicked treasons , and unparallel'd rebellions , and belch out blasphemy , to defend their injustice , and themselves from the justice of their injured soveraign . the apostles did not only teach us with their doctrine , that resistance of the power was unlawful ; but also suffered themselves to be wickedly massacred , and murthered , before they would resist an unjust power ; nay all the primitive christians ( which mr. prynne confesseth ) although they were many in number , and sufficiently able to defend themselves against their persecutors , by force , and arms , yet did refuse to do it , yielding themselves up to any tortures , punishments , & deaths , without the least resistance of the power , either in word , or deed ; nay our saviour himself , acknowledged that pilate had power given him from above to crucifie him ( as you may read in st. iohn . . ) then saith pilate unto him , speakest thou not unto me ? knowest thou not that i have power to crucifie thee , and have power to release thee ? jesus answered , thou couldest have no power at all against me , except it were given thee from above : therefore he which delivered me unto thee hath the greater sin . yet mr. prynne with his confident averrment ( for he cannot bring one word of scripture for what he saith ) goeth about to maintain the defensive warr ( as he calls it ) of the subjects against their soveraign lord the king , lawfull , both in point of law and conscience ; — tantumnè potest suadere malorum religio ? — could his religion do this ? his surely , and only his , for it is against the foundation of christian religion , and mr. prynne must publish a new gospel , or else rectifie the bible at the presbyterian oracle , before his king-killing books will be canonical . he bringeth his arguments from the time that never was , nor ever will be , for saith he ( d . p●rt of his soveraign power of parliaments , fo . , . ) kingdoms were before kings , ergo , the king hath no absolute negative voyce , &c. i alwayes thought that kings were before kingdoms , they being correlativa , and doubtlesse if fathers were before sons , and masters before servants , then mr. prynne speaks nonsense ; but for his apology , you must understand that he means , countryes and people were before kings ; but i think that is false too , for the first man adam was a king , and mr. prynne cannot shew any time , before england was governed by kings : and the word kingdom in the reports of our book cases , and in acts of parliaments also , is oftentimes taken for the king himself , as you may read in calvins case , lib. . . therefore , since by the laws of the land there can be no parliament without the king , & that the word kingdom is often used for the king himself ; who can deny the truth of the title of mr. prynnes book , which saith , that the parliament and kingdom are the soveraign power . but , latet anguis in herba ; open the leaves of his book , and you will see the mystery of iniquity clouted together . if the king ( saith mr. prynne ) dye without heir , then the people might make what lawes they should think fit ; ergo , the members at this day have power without the king to make lawes , and are the most absolute supreme power , and law-giver , not the king. if the sky fall , we may perhaps catch larks ; but it doth not therefore follow , that we may catch larks presently . mr. prynne knoweth , that it is a maxim in law , that the king never dyeth : but admit the king should dye without heir , and that then the people had power to make lawes ; yet grosse it were to conclude , that the members of the two houses might so do , because they are dissolved , and are extinct when the king dyeth . therefore with more reason ( as a royalist observes ) the king might argue thus ; all the lands in england are holden mediatly or immediately of the king , and if the owners dye without heir , by the lawes of the realm , their lands escheat to the crown , and so become at the kings disposal . but every man may dye without heir , ergo , all the lands in england , at this present , are the proper inheritance of the king. no lawyer can deny major or minor , yet the conclusion thereupon is absurd . the court of parliament ( saith mr. prynne ) hath power to avoid the kings charters , &c. made against law ; ergo it hath the soveraign power , and is above the king ; and why not , ergo , the court of chancery , or any other of the courts of law at westminster , have the soveraign power , and are above the king ; for they have power to nullifie and avoid the kings charters , &c. made against law ? but i am sick of mr. prynnes impertinence , and nonsense , if any one be desirous to drink more of it , i referre him to the ocean , his book : i will only give you a taste of the abuses which mr. prynne hath cast on venerable bracton , and how mr. prynne endeavoureth to make bracton speak mr. prynne's own sense , against bracton's own sense , expresse words , and meaning . and since mr. prynne can make the gospel , and holy ghost speak what he pleaseth , no wonder , if he hath the law-books at his beck . bracton saith ( as you have already heard ) that the king hath no peer in his kingdome , for so he should lose his empire , since peers ( or equals ) have no command over one another , much more then ought he not to have a superiour , or mightier ; for so he should be inferiour to those who are subject to him , and inferiours cannot be equal to superiours . now saith mr. prynne , ( according to the old jesuitical distinction ) the meaning of bracton is , that the king is above every one of his subjects , and hath no peer , nor superiour , if they be taken particularly and distributively , as single men : but if we take them collectively in parliament , as they are one body , and represent the whole kingdome ; then the subjects are above the king , and may , yea , ought to restrain and question his actions , his male-administrations , if their be just cause . by which meaning of bracton , ( as he calleth it , but in truth only his own ) mr. prynne would prove the parliament to have the soveraign power over the king and kingdome . truly i think , the very recital of what bracton hath written , and what mr. prynne writeth is bracton's meaning , is enough to convince , and make appear even to the blind , that mr. prynne is worse than a false commentator , and an absurd deceiver . but howsoever i will examine them , and let the world judge how they agree . the king hath no peer in his kingdome , saith bracton , but the parliament and people ( the kings subjects ) are in his kingdome , ergo , neither the parliament nor people , ( collectively , or distributively ) are the kings peer ( or equal . ) but why hath the king no peer in his kingdome ? because then he should lose his empire . so he should if the parliament was his peer ; and bracton did never intend that the king should lose his empire ; for he saith , the king ought by no meanes to have a superiour , or mightier , ( mr. prynne saith , he ought by all meanes to have the parliament his superiour and mightier ) but wherefore ought not the king to have a superiour ? because ( saith bracton ) so he should be inferiour to those who are subject to him : the parliament and people confess themselves to be the kings subjects , yet mr. prynn would have them to be the kings superiour , expressly against bractons words and meaning , and a meer nonsensical contradiction . and the reason why mr. prynne saith , bracton did only mean that any single man , was not the kings superiour , or equal , not the parliament , is , because bracton saith , rex non habet parem , nec superiorem in regno suo , seing parem , and superiorem ? in the singular number ; i pray what latine would mr. prynne have bracton speak , could he have expressed himself better : and too , mr. prynne pretendeth the parliament to be only the kings superiour , not superiours , therefore doth not the singular number fully answer mr. prynne in all points , but mr. prynne may hear bracton confute him in the plural number too , if he please , ( as i have already shewed ) saying , rex habet potestatem , et jurisdictionem super omnes qui in regno suo sunt , and again , potentia vero omnes fibi subditos praecellet . where is mr. prynns almighty parliament now ? bracton telleth him , if they be in the kings dominions , that the king hath power over and above them , and mr. prynne must find out some utopia for them , in the air , to inhabit , before he can prove either by law , or gospel , that the parliament is above , of hath soveraign power over the king , ipse autem rex non debet esse sub homine , sed sub deo , et sub lege , quia lex facit regem , saith bracton , but the king himself ought to be under the parliament , ( saith mr. prynne ) and why not under the women ? for if mr. prynne will say that the parliament is not comprehended in the word homine , so likewise may he say that neither are women : bracton saith that the king ought to be under none but god , and unless mr. prynne can make his parliament a god almighty , he can never make out that the king is under it . for according to bractons doctrine the king is under none but god , omnis quidem sub rege et ipse , sub nullo , nisi tantum sub deo. which is sufficient testimony that the king is under no mortal man , or men , yet he is sub lege , under the law , because the law maketh the king : ergo saith mr. prynne , the parliament maketh the king , and governeth him with the laws which the parliament first made . o grand imposture ! can any man but mr. prynne forge such a consequence ? rex solutus a legibus quò ad vim coactivam , subditus est legibus quo ad vim directivam propria voluntate , the king indeed is under the law because he will be ruled by the law , but if he will not , no man hath power to compel , or punish him , according to the opinion of thomas aquinas , the king is free from the coercive power of the law , but he may be subject to its directive power , yet according to his own will and inclination , that is , god can only compell and command him , but the law and his courts may direct and advise him . every honest man is bound to perform and fulfill his word , and the king is so much under and subject to the laws which he maketh , that he will perform and fulfill them , but if not , dominum expectet ultorem , which is the only punishment for kings ; and satis sufficit , that is enough too , according to reverend bracton : but that the parliament therfore maketh the king , and may question his actions ( according to mr. prynns sophistry ) is a meer non sequitur . the law indeed maketh the king , for he hath a legal title to his crown , he is made our king by the law of god , and the law of the kingdom , which cannot be without a king ; but that the law of the parliament , or that the law by the parliament , made the king , is such a chimaera , that is no where to be found , but in mr. prynnes unsetled brain : for the king of england was made a long time before parliaments were invented , or thought on . the king indeed first made parliaments , and gave them their being , who now have unmade their king , and took away his living . o ungrateful servants who rob their master ! o ungracious children who murther their father which begot them ! so much for mr. prynne , and his pestilent book , the prodigious offspring of a revengeful head , whom i would not have mentioned , but to vindicate the truth , for which i will both live and dye . one thing , reader , i recommend to thee , worthy of the observation of all christians , and as a just judgement of the almighty god , psal . . . who bringeth the counsel of the heathen to nought , and maketh the devices of the people of none effect , which is , that mr. prynne who was the only champion , to fight against the truth with his pen ( as the rebels did with their swords ) to maintain and applaud the long parliament , in their treason and rebellion against their soveraign , was afterwards ill intreated by his own stipendaries , and cast out of the pack as an unprofitable member ; he incouraged the souldiers to fight against the king , dedicated his volumes to their chief commanders , loaded them with high commendations , and incomparable praises , and made them believe , that they could do god no better service , than to go on vigorously in their rebellion . so that it may be truly said , that his paper pellets did more harm , than the roaring guns , or cutting swords ; he laboured night and day to glorifie and vindicate the parliament , in their wicked proceedings at home , and ( as his books will manifest ) he spared many hours from his natural rest , to promote the unnatural warrs abroad . yet now ( nec invideo ) he prosecuteth them with reproaches , as much as he did then with praises , himself being become hatefull to them all , verifying the proverb of solomon cap. . . he that saith unto the wicked thou art righteous , him shall the people curse , nations shall abhorre him . therefore i once more advise him , ( as a friend ) to write a book of retractations . the lord be merciful unto us , the men of our times would make one believe that there never was a king in the world : nay , they would seem to make the kings , so highly esteemed of by god , all the prophets and apostles in scripture , but meer white walls , the empty shadows of the people , and the bible , but a bundle of fables , as if god never took no more notice of a king , than of an ordinary porter . how judas , sirnamed the long parliament , betrayed and murthered charles the first , the best of all kings , and contrary to all law and religion , and the common interest of the people . banish charles the d . our only lawful king and governour . the mystery of their iniquity laid open , and that they are the greatest and most wicked tyrants , that ever dwelt upon the face of the earth ; and the child which is unborn , will rue the day of their untimely birth . of what persons a parliament consisteth . no parliament without the king. the original institution of parliaments , and that the house of commons ( which now make themselves kings over king and people ) were but as of yesterday , have no legal power , but what is derived from the king , and never were intrusted with any power from the people , much lesse with the soveraignty , which they now tyrannically usurpe . the kings soveraignty over parliament and people , copiously proved . king charles his title to the crown of england , to him only belongeth the militia , the power of chusing judges , privy counsellors , and other great officers , &c. he is head in ecclesiastical causes , and our sole legislator . our ancestors alwayes found and accounted monarchy , to be the best of governments , and most profitable for us , yet these or . tyrants , contrary to all antiquity , and common sense , and feeling , sit and vote monarchy dangerous and burthensome . that all persons put to death since the murther of charles the martyr , by the power of our new states-men , have been murthered , and their judges murtherers , and so it will continue , until they receive their power and authority from charles the d . and that we shall never enjoy peace or plenty , until our king be restored to his kingdoms , which a pack of tyrants and traytors ( not the people ) keep from him . how the law abhorreth to offer violence to the king , and how these rebels transgresse all laws both of god and man , to uphold themselves in their unparallel'd villanies . a history which commandeth the serious contemplation of our age , and worthy of the observation of all the people in the world , and of all future generations , not that they might imitate , but detest and loath these perfidious and rebellious transactions . perlege , deinde scies . having sufficiently prov'd out of our law books that by the common law of the realm , the king hath the soveraign power over parliament and people , and ought not to be questioned for his actions by any of his subjects , taken either distributively , or collectively in one intire body , because he hath no superiour on earth , but god almighty ; let us now take a brief view of the statutes and acts of parliament , which have from age to age confirmed what i have said , as an undoubted , inviolable , and indisputable truth . and since there are those amongst us , who talk much of a power in the parliament ( as they call the two houses ) which they pretend to be above , and superiour to the king ; let us examine what this high and mighty creature is , whence , and when , it had its original , what is its true , natural , and legal power , and of what persons it doth consist . the kings high court of parliament , consisteth of the kings majesty sitting there , as in his royal politick capacity : and of the three estates of the realm , viz. of the lords spiritual , arch-bishops , and bishops , being in number , who sit there by succession in respect of their counties , or baronies , parcell of their bishopricks , which they hold also in their politick capacity . . the lords temporal , dukes , marquesses , earls , viscounts , and barons , who sit there by reason of their dignities , which they hold by descent , or creation , being in number . and every one of these when the king vouchsafeth to hold a parliament , hath a writ of summons . the third estate is the commons , of the realm , which are divided into three parts , viz. into knights of shires , or counties ; citizens out of cities , and burgesses out of borroughs . all which the king commandeth his sheriffs to cause to come to his parliament , being respectively elected by the shires , or counties , cities and burroughs , and in number , . it is called parliament , because every member of the court , should sincerely and discreetly parler la ment , for the general good of the common-wealth . this court of parliament is the most high and absolute , the supremest and most antient in the realm , it maketh , enlargeth , diminisheth , abrogateth , repealeth and reviveth , laws , statutes , acts , and ordinances , concerning matters ecclesiastical , capital , criminal , common , civil , martial , maritine , &c. to be short , so transcendent is the power , and jurisdiction of the parliament , as it cannot be confined either for causes , or persons , within any bounds : of this court it is truly said , si antiquitatem , spectes est vetustissima , si dignitatem , est honoratissima , si jurisdictionem , est capacissima . yet notwithstanding this almighty power ( as i may say ) of the parliament , do but cut off the kings head , or any ways take away the king , and it is nothing : then a petty court of pypowders hath more power and jurisdiction than that . the king is the soul of the parliament , and without him it is but putre cadaver , a stinking carcasse , for as my lord coke observeth of this court , the king is caput , principium , et finis , and it is a baser and more odious part , then the rump of a parliament , which wanteth all these ; and as in a natural body , when all the sinews being joyned in the head , do joyn their forces together for the strengthening of the body , there is ultimum potentiae ; so in the politick body , when the king and the lords spititual , and temporal , knights , citizens , and burgesses , are all by the kings command assembled and joyned together , under the head , the king in consultation for the common good of the whole realm , there is ultimum sapientiae : but it was never known in any age , that the members without the head , had either power or wisdom ; and it would be prodigious , if our age should produce such a monster . no man can tell the contrary but that our realm of england hath been governed by kings ever since the creation of the world ; clear it is by all historians , that ever since we heard of any government in england , it hath been a royal state , and although our governours have been often changed , yet our government was never turned out of the regal road , & it is as easy to pull the sun out of the firmament , and make the stars to rule the day , as it is to abolish monarchy , and establish aristocracy , or democracy , in our kingdom ; for that which is bred in the bone , will never out of the flesh . as monarchy is the most divine , and most natural kind of government , so it is most natural to , and esteemed most divine by all true born english men ; for such is the courage , and so great is the loftiness of english spirits , that they disdain to be ruled by any , but by his sacred majesty , our soveraign lord the king : for as it was long before king william the conquerour , so did our government continue still without interruption a royal monarchy , until the chief priests , and the scribes , and the elders ( as they call them ) of the people , to wit , presbiterians , independents , anabaptists , jesuits , &c. assembled together , and consulted that they might take charles the first ( whose undeserved sufferings have made him immortal on earth , as well as in heaven ) by subtilty , and kill him ; but they said , let us not kill him suddenly and openly , lest there be an uproar among the people , night time is the only day for wickedness . the gunpowder treason was hatched in darknesse , and these godly villains thought that the best way to catch their prey , was to beat on the dark side of the hedge . they cut the throat of religion , when they seemed to lay a plaister ; and they murthered their soveraign , when they swore they intended nothing , but to make him a glorious king. then entred satan into judas , surnamed the house of commons , being one of the two houses of parliament ; and these judasses went their way , and communed with the chief priests , and captains , how they might betray him unto them : and they were glad , and covenanted to give them mony ; who then promised , and sought opportunity to betray him unto them in the absence of the multitude . and since the innocent birds are oftentimes easier catcht with silent and gentle snares , than roaring guns , at first these judasses thought to betray their master with kisses , courting his majesty with high-flying complements of obedience ; and that they might make him believe them to be , what indeed they were not , they made many oathes , protestations , vows and covenants , that they were his graces most dutyful subjects , and desired to live no longer , than to do his majesty service . but it seems they did but play the fox , speak fair , only to get their prey , for by these sophistical insinuations , they charmed his majesty , and wrested from him divers marks of his soveraignty ; they were intrusted with the navy , obteined a triennial parliament , were acquitted of ship-mony and other impositions , and at length made themselves perpetual , for his majesty passed an act , not to dissolve them without their consent . so that they now wanted nothing but his majesties life which to obtain , they procured by their wickedness , the earl of strafford's head to be cut off , and many other nobles which stood in their way ; which props being removed , they thought they might with more ease pull down the soveraignty of the king : & that these negroes might make themselves compleat devils , they got the head of the earl of strafford , & others cutoff , for committing treason against the king , whose head they afterwards intended to cut off , for committing treason against them . o incomparable villany ! what they made a capital offence in others , they esteemed more than a cardinal virtue in themselves . it was high treason in others , to think to do the king any harm , but it was a high piece of godlinesse in them to cut off his head . the earl of strafford must dye as a traitour , because they said he intended to levy warre against the kings will : but these saints raised armies to fight against his majesties own person , levied warre against the king and kingdome , murthered the king , and destroyed the whole realm ; yet forsooth they must be canonized as the only true servants of jesus christ , and all those who speak against them they kill and massacre , as if they had committed treason , and blasphemy against the almighty . nay , the great offence against the holy ghost , they esteem more pardonable , than the least against them . and as it now plainly appeareth to the world , all their oaths , vowes , and protestations of obedience to the king , and performing of their duty towards him , were but preparations for their great wickednesse of murthering the king. for as the gunner , when he laboureth to kill the innocent bird , walketh gently , and treadeth softly , holding down his gun , as if it was the least of his thoughts to shoot , when he mindeth nothing more ; or as the greedy huntsman stealeth upon the hare , or deer , looking another way , untill he is gotten close by , and then letteth out his bloudy hounds , to take and kill his prey : so these vipers , more wise than serpents , ( only to do mischief ) did steal upon the king , and undermined him , by cutting off his nobles , whom they knew would be true and trusty servants to him ; and then when they thought they had him within their reach , they let fly their doggs , the bloudy souldiers : for this judas ( the house of commons ) then having received a band of men , and officers , from the chief priests and pharisees , john. . . who first set them on work , came forth with a great multitude , with swords and staves , matth. . , . to take and kill their soveraign . now they that betrayed him , gave the souldiers a sign , saying , whomsoever we have sworn to be the only supreme governour in all causes , and over all persons , that same is he , hold him fast . in that same time said the king to the multitude , are ye come out as against a thief , with swords and staves , for to take me ? i sate daily with you in the parliament house , making many good lawes , and ye laid no hold on me . but all this was done , that their wickednesse might be fulfilled , john . . then the band , and the captain , and the officers of these jews , took the king , and led him away to their council , and contrary to all legal proceedings , and the due course of law , smote the shepherd , and so the sheep of the protestant flock were all scattered abroad ; bradshaw , indeed , ( that pontius pilate ) pressed the king very earnestly ; and by subtil and crafty inventions , thought to have wrought upon the king , to have submitted to their ( summa injuria ) their arbitrary high court of injustice , and pleaded : so that his example might have been urged as an irrefragable precedent , against the lives and liberties of the whole kingdome ; and that after ages might cite king charles his case , as an authority to kill kings . but the king foreseeing their delusive and abominable intentions , rather than he would betray the lives and liberty of his free born subjects , to the arbitrary lusts of these tyrants ; told them of the great wickednesse they were about , and shewed to his people , how these traitours endeavoured to inslave the whole realm ; and so patiently suffered himself to be murdered , dying a most true martyr , both for our lawes and religion ; but for plea , he said nothing . so bradshaw ( more wicked than pilate , for instead of washing his hands , he impudently bathed them in his masters innocent blood ) gave the sentence of their wicked wills against him , and delivered him over to the blood-thirsty , to be crucified , who spit upon him , threw tobacco pipes at him , mocked him , cryed out , away with him , away with him , crucifie him , crucifie him , cut off his head with their wicked engines , and then cast lots for his garments , and estate , giving each souldier a part ; but instead of writing over his head , this is charles the king of the jews , ( his true title , or rather the king of the devils ) they writ over his head , exit tyrannus regum ultimus , anno libertatis angliae restitutae primo , ( although in truth , the best of kings then went out , and the greatest tyranny under the heavens then entred into our england ) comming far short of the jews in all that is good , but exceeding them in all wickednesse , treachery , perfidiousness , and villany . now all this impious council sought false witnesse against the king , to put him to death , but found none ; therefore that they might do nothing without wickedness , but proceed in all their actions contrary almost to the very colour of justice , and make themselves the greatest , and most illegal tyrants that ever the world heard of , they made themselves both judges , jury , witness , party , and accuser , in their own quarrel against the king : for whereas by the laws of the land , our gracious king alwayes made the judges of the land , arbitrators between his subjects and himself in all cases , from the lowest offence , and trespass , to the highest offence , crimen laesae majestatis , high treason ; this amalekite the house of commons , made part of themselves the judges of the king , who had committed the greatest treason against the king , and by the laws of the land deserved rather to hang at tyburn , than sit in the chair of justice ; likewise they made the souldiers his judges , who professed themselves to be the kings inveterate enemies , by their remonstrances , and speeches , and that they desired nothing more than his blood and life , fought against him with their guns and swords . yet forsooth of this hotchpotch of traytors , was their high court of justice made up ; most of them being collonels of the army , and other souldiers who fought against him abroad , and others parliament men , who conspired his ruine at home . by the laws of the land , it is a just exception to any jury man , who is to try the basest or poorest felon , and a legal challenge for which he must be withdrawn , that he is a professed enemy , and prosecutor , who seeks his life , and therefore no lawful nor indifferent tryer of him for it ; yet these bloody butchers , who professed themselves to be the kings greatest enemies , and prosecutors , seeking after nothing so eagerly as the kings life , were both the judges and jury-men too , to try the king : perjured o. cromwell ( who then intended , and afterwards effected to have the supreme power over these three kingdoms , ) was one of the tryers , to judge whether the king , or himself with the rest of his brethren in iniquity deserved death , and whether the king and his royal progeny ought not to be distroyed , and oliver and his stinking stock take possession ; o unparraleld lump of impiousness ! aliquis non debet esse judex in propria causà , it is a maxim in law , that no man ought to be judge in his own cause ; yet these villains made themselves the only judge whether they committed treason against the king , or the king against them : nemo tenetur prodere seipsum , no man is bound to accuse himself , and it would have been a wonder indeed , if these rebels should have spoke the truth , and said that they had committed high treason against the king ; therefore for fear the law should punish them according to their deserts , they thought good to prevent that mischief , & punish the king as they pleased according to their lusts : and that they might make themselves the greatest tyrants , and the people the basest slaves in the world , they took upon them the governing power , which by law only belongeth to the king. . the legislative power , which likewise belongeth to the king with the concurrence of the upper and lower house . and . the judicative power , which belongeth to the judges , who are known expositors , and dispencers of law and justice in all causes brought before them ; so that these trayterous tyrants by their boundless and arbitrary wills , put us to death when they please , for what cause they please , and take away our estates when they see occasion ; and yet they have the impudence to tell us , and many the sottishness to believe , that the parliament having the supreme power , doth all these villanies by law ; o abominable ! how these tyrants mock the people with the name of a parliament ; the parliament consisteth of the king the head , and about of his subjects , and there were not above or of the parliament who caused the king to be murthered , and ruined his people , yet these schismaticks call themselves a parliament , and so having nothing good but their name , tyrannize over us . they may as well say that the parings of the nailes of the toes are the whole man and have the power of all the other members , as say that they are the parliament , or have any lawfull power , they being nothing but the dregs and lees of the inferiour house , from whom we must never expect any thing pleasing to any honest mans palate ; if the parliament had power to depose the king , yet what power can these few gaol-birds have , who are scarce the tenth part of the parliament , and no representatives of the people , but only of their own devilish ambitions ? by what authority do these ignes fatui abolish kingship , and the house of lords as dangedangerous and useless , which all our ancestors have found most profitable , and glorious for our kingdom ? these currs have several times been kicked out of the house , by the martial violence of the souldiers , their masters , whose journy-men they are , yet no sooner do they find the door open , but in they slip again , like dogs into the buttery , where they sit and eat the fat of the land , and the fruits of our labours , for which they now and then shite us an act of parliament , whereby they destroy our fundamental laws , and liberties , and invent new high treasons against them , ( such as our law-books nor statutes never told us of , ) by which they maintain themselves in their robbery , and the people in their slavery . as for the oath of supremary , vows , protestations , and covenants , which they made in the presence of god , with hands lift up to heaven for vengeance if they did not perform them , and all other oathes of homage , fealty , and allegiance , which the people took to be true and faithfull to the king , these they discharge themselves , and the people of , by an act of parliament , as if these caterpillers could discharge debts due to the almighty ; but to make god amends , they passed another act , that the people should swear to be true and faithfull unto them . to go about to number their villanies , deceits , treacheries , perjuries , and other their wicked actions , were to go about to number the sands of the sea , or the fraudulent devices of belzebub their master , they being the genus generalissimum of all treason , rebellion , murther , blasphemy , hypocrisie , lying , swearing and for-swearing , abounding in w●oredom , drunkenness , leachery , treachery , covetousnesse , pride ambition , and all other detestable vices . they are a pack of rotten , putrefied members , glued together in the stinking body of sin : and if i should give you a character of each simple wherewith this compound is contracted , it would fright you out of your wits ; for i speak really , i think they are the very quintessence of all the devils in hell. and although this beast cannot well agree , which horn or legge shall go foremost , they being somwhat troubled in dividing the spoil , and their usurped authorities , which is caused by their pride and covetousness , and although they differ in ceremonies , and ci●cumstances , yet they make it one of their fudamentals upon which themselves and all their proceedings are builded , to murther charles the second ▪ as they did charles the first , when they can lay their unhallowed claws upon him ; and although they hate , and bark , and snarle at one another like dogs , yet in the great work of their salvation , like pilate and herod , they all agree to be traytor , and rebels against their king. and so long as these mastives lord it over us , we must never expect peace , but alwayes live like dogs , fighting , and biting for what we have . we must ( with them ) account vice vertue , and vertue vice : we must hold their words more canonical than gods word , and say that is law , which they say is law , though it be neither law , truth , nor reason . unlawfull wars set them up , and we shall alwayes have wars , and rumours of wars amongst us , untill they are pulled down . to be short , we must resolve to forsake god , and serve the devil , if we intend to keep any thing safe , so long as this phalaris , the tail of the house of commons domineereth over us ; for the children of this world being in their generation wiser than the children of light , luke . . these worldlings are so wise and subtil to do mischief , that when they commit the most deadly sin , they make it passe to the world , as the best service done to god ; and when they themselves make plots to murther honest royalists , then they get some of their hirelings to discover it , and swear that the royalists invented the plot against them ; and presently ( forsooth ) they vote and command , that their three kingdomes give god thanks for their great deliverance ; ascribing that which was done by their own providence , to the providence of the almighty . nay , they have their lillies , and other lying astrologers , whom they consult with , before they commit any great wickednesse , and make them publish to the world , that the heavens ruled , and voted what these beagles please to perform . it is as natural for their judges to judge unjustly , if it be for the profit , or pleasure of their masters at westminster , as it is for them to live : for how many innocent gentlemen have they condemned to death , for doing their duty in defending the king from unjust violence ? which we are all bound to do by the law of god , nature , and of the realm . they have their balaam prophets and priests too , almost in every parish , and pulpit , which they make the organs to sound forth their own praises ; so that the ignorant country multitudes , who scarce know that there is a god , but that they heard their minister tell them so , thinking that he doth god the best service and credit , who hath the finest ribbond on his hat , or that weareth the best cloaths on his back at church : these momusses believe that the saints at westminster , are the only supreme power on earth ; and that no men in the world , ( for some of them think that the sea side is the end of the world ) are to be compared to them , either for wisdome , learning or honesty : and the only reason of their thoughts is , ipse dixit , their minister said so but last sunday . and this was the chiefest reason , wherefore the countrey peasants flocked in so fast , to the armies of those neroes at westminster , raised against the king ; who alwayes made the ignorance of the people , their greatest champion . and lest we should see the superiority of the king , above , and over the knaves , and other cards , they abolish , and prohibit card-playing , as a great sin in their commonwealth . why did they not give the superiority to the knaves ? how these godly villains stumble at strawes , and leap over blocks ! they prohibit innocent recreations on the sabbath day , purposely because they would have the people esteem them zealous in religion , and stricter observers of gods commandments , than the king. but in truth , they serv'd god , only to serve themselves ; in nomine domini , incipit omne malum ; acting all their wickednesse in the name of the lord. for when they have got a good name amongst the people , they think under that shadow , to act any wickednesse , and yet to the world seem saints ; murther their king too , and yet be accounted good christians ; nay , reformers of the christian religion . o religious impostors ! to these quacksalvers belongeth two speakers , alias dictos , lyars , viz. the private speaker lenthall , ( now called by the common souldiers , the father of their country : can you blame the little thieves , if they applaud the great thief ? ) and the publick speaker needham ; the one rough hammereth lyes , at the forge , the house of commons ; the other fashioneth them in his mercurius politicus . thus they fill our eares with as many lies , as their breasts be : yet forsooth none must dare not to believe what they publish by authority . now the presbyterian judasses , when they saw that the king was condemned , repented themselves , saying , we have sinned , in that we have betrayed innocent blood ; and were all of them ready to hang themselves . but it was not out of any love , or allegiance they did bear to the king , but because they could not have those ends upon the king , which they intended . they would have had the king buckled to their bent , and it grieved them to see the independents , &c. out-knave them : fo● the greatest part of the religion of these factions , consists in their animosities one against the other ; not only the presbyterians , but also the independents , anabaptists , &c. are both almost , and altogether such as the proud pharisees were . therefore their greatest care and study is , to domineer , and master it one over the other ; which makes the prevalent faction alwayes outragious , and that which sinketh , alwayes envious . so that the presbyterian being at this time undermost , he would fain insinuate himself into the favour of the honest royalist : and because he hath not force to be so much knave as he would be , therefore he is compelled to be honest against his will , and would have his injured king to rule over him again . but get thee behind me , dagon , what hast thou to do with peace ? didst thou not in thy youthfull age revile thy innocent king with thy mouth , and persecute him with thy bloudy hand , and wouldst thou now in thy old age serve him ? thy service is hypocrisie , and thy words but the vapours of a deceitfull head : let the presbyterians rigid actions , judge the rigid presbyterians . having related of what persons the parliament doth consist , viz. of the king above all , and the three estates , sharing no more with the king in the soveraignity , than the body doth with the head , and how king charles the first , was most traiterously murthered by those who have the impudence to call themselves a parliament , though in truth they are nothing else but a den of tyrannical traytors and rebels ; i will further proceed to explicate the soveraignity of the king , and the legal power of the three estates , with their first institution and creation . sapiens omnia agit cum consilio , saith solomon , a wise man doth nothing without counsel , pro. . . therefore the king of england ex mero motu et speciali gratia , out of his meer good-will and special favour , hath vouchsafed his subjects that honour as to make them his counsellours , not only concerning ardua regni , but also arcana imperii , even in his most privie affairs , wherefore as my lord cook observeth , the king is armed with diverse councills , one whereof is called commune concilium , and that is the court of parliament , and another is called magnum concilium , this is somtimes applyed to the upper house of parliament , and somtimes out of parliament time to the peers of the realm , lords of parliament , who are called magnum concilium regis , thirdly , ( as every man knoweth ) the king hath a privie council for matters of state , the fourth council of the king are his judg●s of the law , for law matters , as appeareth in our law-books . this word parliament was never used in england unti●l the time of william the conquerour , who first brought it in with him . for as king david called a parliament when he intended to build an house for the name of the lord , chro. . and assembled all the princes of israel , the princes of the tribes , and the captains of the companies that ministred unto the king by course , and the captains over the thousands , and captaines over the hundreds , and the stewards over all the substance and possession of the king , and of his sons , with the officers , and with the mighty men , and with all the valiant men unto jerusalem , and when they were assembled the king himself shewed the cause of calling that parliament , for then david the king stood up upon his feet , and said , hear me my brethren , and my people , as for me , i had in my heart to build and house of rest for the ark of the covenant of the lord , and for the footstool of our god , and had made ready for the building &c. whereupon all the people offered their gold and silver willingly towards the work , which made the people and david their king rejoice exceedingly with great joy , as you may there read : so the kings of england from the beginning , in all extraordinary cases , when they intended to make new laws , or abolish old , have always convoked an assembly of their subjects , what persons , and of what number they thought fit ; not because they could not do what they pleased without their subjects consent , but because their subjects best knowing what shooes would fit their own feet , might ( as they often did ) by petitions humbly supplicate his majesty , to grant what they shewed him was most convenient and necessary for them by their requests , which he refused or granted at his pleasure . which councils and conventions they called , witenage mote , conventus sapientium , michael smoth , michael gemote , &c. that is to say , the great court , or meeting of the king ; to which the king convened only the nobles and bishops : the rustick commons were not then admitted into the presence of the king. and doubtlesse they had then small hopes , and lesse thoughts , that they should ever take the regal diadem from off their soveraigns head , and become lords paramount , ruling both king and people , by no other law , than hoc volo , sic jubeo , stat pro ratione voluntas , by their own lusts , and unstable ( except to do mischief ) wills . but i have seen servants upon horses , and princes walking as servants upon the earth , saith solomon ; and pray who hath not seen as much as solomon of this ? for behold tinkers , taylors , spicket and fosset makers , and those who were servants even to the basest of the people , having murthered their soveraign lord the king , doe take possession of his sacred patrinomy , and now sit lords over all , ruling and domineering in his palace at westminster . feign that the people did intrust the king with his royal office , yet why should it escheat to these hypocrites ? why not to the people ? and if his office with the lands which he held jure coronae , yet by what law do they seise upon those lands , which he held in his natural capacity , and those lands which he purchased ? for if a man forfeit an office , he only forfeiteth those lands which belonged to the office. but if all his lands escheat , by what law do they detain and keep the queens dower from her ? by what law , did i say ? by that law whereby they subdue all things to themselves , to wit , their own wicked appetites , ambition , and covetousnesse , which is all the law they can shew for any of their actions , to which we must be slaves so long as they command over us . pro. . . for three things ( saith solomon ) the earth is disquieted , and for four , which it cannot bear : for a servant when he reigneth , and a fool when he is filled with meat : for and odious woman when she is married , and an hand-mai● that is heir to her mistresse : is not our englan● disquieted with all these ? oh who can bear it yet these tyrants rejoce at it , delight is not seemly for a fool , much lesse for a servant to have ru● over princes . pro. . . yet these slaves tryumph over their prince , and scoff at his miseries and as the jews in a deriding manner said of o● saviour , this is jesus king of the jews , so thes● jews scoffingly call their soveraign lord , the king of scots , yet keep his kingdom from him , jee●ing him out of his estate . o heavens ! as perpetually afterwards , so allwayes before the conquerour , the legislative power did continue in the king , tanquam in proprio subjecto , as in the true and proper subject of that power ; and the kings edicts , were the only positive laws of the realm ; and indeed who can be a king without this power ? for what difference is there between the king , and subject , but that the one gives the laws , the other receiveth them ? and most clear it is by all historians , that the common council of our antient kings , were composed only of prelates , and peers , the commons were not admitted to any communication in affairs of state. camden in his britannia telleth us , that in the times of the saxon kings , and in after ages , the common council of the land , was praesentia regis praelatorum , procerumque collectorum , the presence of the king with the prelates and peers ; ingulphus ( who dyed before ) saith , rex eldredus convocavit magnates , episcopos , proceres , & optimates ad tractandum de publicis negotiis regni . he did not call the commons . so edward the confessor , that great legisl●tor , made all his laws , without the consent of the commons . now when the norman conqueror , one of the praedecessors of charles the martyr came in , who had a triple title to this kingdome , to wit , by donation , conquest , and by the consent of the people : for ( as it is well known ) when edward the confessor lived in normandy , he gave this kingdom , after his decease , to william duke of normandy , as he was his kinsman , & near of bloud so that the conquerour was heir of the crown to the confessor by adoption . which title , if it was invalid , you must know he was a conquerour ; and no man will deny that conquest maketh a legal title , jure belli . but , suppose both those titles were ( as they were not invalid , yet by the law of nations , the consent of the people maketh an inviolable title , even to an usurper , in continuance of time , ( if they have no other lawfull king ; ) much more to a lawfull soveraign . and his people , our ancestors , ever since the conquest , for the space of about six hundred yeares , have all done allegiance to , and unanimously resolved , that the conquerour and his successors , were our only true kings , liege lords , and soveraigns , having the supreme power over us , and never did the people claim power to depose the king , until those monsters at westminster , under pretence of such a power , murthered charles the first , and against all law , justice and equity , and against th● wills of the people , make themselves masters of our lives , and fortunes , and of all that we have , taking them away when they please . it would make a man cry , and it would make a man laugh , to see what fools these fellowes make of us : royal government by kings , hath been used here , time out of mind , and approved by all our ancestors , to be the best of governments , and most natural , and profitable for us ; yet these few stinking members at westminster , made an act ( march . . contrary even to their own oaths and protestations ) to abolish the kingly government , as unnecessary ( i use their own words ) burthensome , and dangerous to the people : as if this small company , consisting of fifty , or sixty at the most , of the scum , and tail of the people , were wiser , and knew what was better for us , than all our ancestors , both noble and ignoble , in all ages . but what was their reason to abolish kingship ? to make each of themselves kings , nay tyrannical kings over us . so may the slave say , that the government of his lord over him , is unnecessary , burthensome and dangerous ; and therefore he will murther his lord , and make himself ma●ter : changeing the name , and execute the office worse . so may high-way men take away the true owners purse , and tell him it was unnecessary for him to keep it : or by the same law , may thieves murther , and rob the master of his house , and then vote the master burthensome , and dangerous to his family . yet notwithstanding , while these tyrants destroy our fundamental government , lawes , religion , freedoms and liberties , making of us absolute slaves & villains , only to satiate their lust and pleasure ; yet even then they stile themselves the keepers of the liberty of england , by authority of parliament . close , and trusty keepers of our liberty , indeed , for we can come at none of it , they keep it from us , not for us : so wolves may call themselves keepers of the lambs which they have caught ; or by the same law , may a cut-purse be called the keeper of the purse , and be said to have the same care of it : for they are heepers of our liberty , only to keep themselves . for by what authority was this individuam vagum , the keepers , erected ? by what authority ? why they will tell you by authority of parliament . cunning curres ! how they take the people with this word parliament ! when god knows , they themselves were all the parliament by whose authority the thing called keepers ( i know not what they be , for i never yet heard them named ) were invented . so may adulterers vote themselves keepers of chastity ; or so may i murther a man against his will , and then call my self keeper of his life , by his authority . for they destroyed the parliament , when they destroyed the king ; and there hath been no parliament since . vide h. . rot. parl. n. . . li. . coke inst . p. . and c. . f. . therefore they most falsly call themselves a parliament : neither are they the representatives of the people , ( as i shewed before ; ) but a company of ungracious tyrants , acting against the wills of the people . yet , forsooth , they tell us , that the people have the supreme power , and that they act for the people , being their representatives . just as if i should take away all that another man hath , against his will , and then tell him , that he hath the supreme power over his goods , and that i took them away by his authority and power ; or , as if i should take away his money , without his leave , and tell him , that i am his representative . so these foxes cozen the people with nonsensical cheats ; and in all things , are representatives of the devil , not of the people : for they all well know , and some of them have declared so , that if the people might chuse their representatives , those representatives would restore the king to his own again , which these most unjustly keep from him . we cannot serve god and mammon , both at one time , good and evil cannot stand both together . if the king come in and rule , these men must fall ; if we serve the king as we ought , we cannot serve these at all ; if god re-establisheth his anointed , lucifer must call down his children ; wickednesse must be abolished , when righteousnesse takes place ; therefore the gaolers of the liberty of england must down , when charles the second , our only lawfull soveraign , is restored to his crown , and kingdome . which they very well know , therefore they would fain keep as long as they can , their empire , which cost them their souls , and reputation . but let us return to our king. when the conquerour came in he got by right of conquest all the land of the realm into his own hands , the whole kingdom was his direct and proper inheritance in demeasn , so that no man can at this day make any greater title than from the conquest to any lands in england , for the king being owner and sole lord of the whole land and the people therein , did ( as he lawfully might ) dispose of the land , and people , according to his will and pleasure ; he gave out of his hands what lands he pleased , to what persons he pleased , and reserved what tenures and services he pleased . so that in the law of england we have not properly allodium , that is , any subjects land that is not holden . we all hold our lands mediately or immediately of the crown , neither have we any right to our lands any longer than we are faithfull , and loyal to the king , who first gave us them upon that condition ; for by the laws of the realm , if we take up arms against the king , imagine his death , or commit any other offence , which is high treason , we forfeit our estates to the king , so that they return from whence they were first derived ; the greatest and highest title or property which a subject hath to his lands , is quod talisseisitus fuit in dominico ; suo ut de feodo . now though this word feodum doth ( as littleton teacheth ) legally signify inheritance , and so feodum simplex , signifieth a lawfull or pure inheritance , yet it is apparently manifest , that feodum is a derived right , and doth import with it a trust to be performed , which trust broken forfeiteth the estate to the king , who only hath ( as camden observeth ) directum imperium , cujus nullus est author nisi deus . for all the lands within this realm , were originally derived from the crown , and therefore the king is soveraign lord , or lord paramount , either mediate or immediate , of all and every parcel of land within the realm , e. . . e. . . e , . . h. . . therefore though in other places he which findeth a piece of land , that no other possesseth , or hath title unto , & entreth into it , gaineth a property by his entry ; yet in england property to land cannot be gained any such way , for the subject can have no property , but what was first by the kings grant ; therefore those lands are still appropriated to the crown , which the king did not give away to his subjects ; as if land be left by the sea , this land belongeth to the king , and not to him that hath the lands next adjoyning , or to any other but the king. caelum caeli domino , terram autem dedit filiis hominum , all the whole heavens are the lords , the earth hath he given to the children of men , for which he only reserved their service , as an acknowledgement of his bounteous liberality : so the whole kingdom is the kings , but the land therein he hath given to his children the people , for which he only reserved their allegiance and service , as a remembrance , and recognition , of his royal bounty ; in which reservation , the king ( as my lord bacon writeth ) had four institutions , exceeding politick and suitable to the state of a conquerour . first , seeing his people to be part normans , and part saxons , the normans he brought with him , the saxons he found here , he bent himself to conjoyn them by mariages in amity , and for that purpose ordains , that if those of his nobles , knights , and gentlemen , to whom he gave great rewards of lands , should dye , leaving their heir within age , a male within , and a female within years , and unmaryed , then the king should have the bestowing of such heirs in mariage , in such a family , and to such persons as he should think meet , which interest of mariage , went still imployed , and doth at this day in every tenure called knights service . the second was , to the end that his people should be still conserved in warlik exercises , and able for his defence , when therefore he gave any good portion of lands that might make the party of abilities , or strength , he withall reserved this service , that that party and his heirs , having such lands , should keep a horse of service continually , and serve upon him himself , when the king went to warrs , or else having impediment to excuse his own person , should find another to serve in his place , which service , of horse , and man , is a part of that tenure called knights service at this day . but if the tenant himself be an infant , the king is to hold this land himself , untill he come to full age , finding him meat , drink , apparel , and other necessaries ; and finding a horse and a man with the overplus , to serve in the warrs , as the tenant himself should do if he were at full age. but if this inheritance descend upon a woman that cannot serve by her sex , then the king is not to have the lands , she being . years of age , because she is then able to have an husband that may do the service in person . the third institution , that upon every gift of land , the king reserved a vow , and an oath , to bind the party to his faith , and loyalty ; that vow was called homage ; the oath , of fealty ; homage is to be done kneeling , holding his hands between the knees of the lord , saying in the french tongue , i become your man of life and limb , and of earthly honour . fealty is to take an oath upon a book , that he will be a faithful tenant to the king , and do his service , and pay his rents according to his tenure . the fourth institution was , that for recognizance of the kings bounty , by every heir succeeding his ancestor in those knight service lands , the king should have pr●mer seisin of the lands , which is one years profit of the lands , and untill this be paid , the king is to have possession of the land , and then to restore it to the heir , which continueth at this day in use , and is the very cause of suing livery , and that as well where the heir hath been in ward , as otherwise . many other tenures with services did the conquerour institute , as grand serjeanty , petit serjeanty , tenure in burgage , soccage , escuage &c. which being holden of the king , are called tenures in capite , which is as much to say , as tenures de persona regis , because the head is the principal part of the body , and the king is the head of the body of the commonwealth ; which tenures brought many profits , and commodities to the crown ( which would be too tedious here to particularize ) and are a clear testimony of the kings soveraignty . for no man can alien those lands which he holdeth in capite , without the kings licence , if they doe , the king is to have a fine for the contempt , and may seise the land , and retain it untill the fine be paid . by example , and in imitation of the king ( for regis ad exemplum totus componitur orbis ) did the nobles , and gentry , of this nation ( to whom the king had given large portions of land ) grant out parcells of their land to their servants , and under-tenants , reserving such services ; and appointing such like tenures , as the king did to them , as homage , fealty , &c. whereof you may read plentifully in littletons tenures ; but their tenants in doing homage and fealty to them , did alwayes except the faith which they did owe unto the king ; as in their making homage appeareth , viz. i become your man from this day forward of life and limb , and of earthly worship , and unto you shall be true , and faithful , and bear you faith for the tenements i claim to hold of you ( saving the faith that i owe unto our soveraign lord the king ) though they swore to become the men of , and be true and faithfull to , their lords , yet not so , but that they still were the men of , and ever would be true and faithful to , the king their soveraign , who was lord over their lords , and over the whole realm , omnis homo debet fidem domino suo , de vita & membris suis , & terreno honore , & observatione consilii sui , per honestum , & utile , salva fide deo , & terrae principi , lib. rub. cap. . we can oblige our selves to no men so deeply , as to take away our allegiance and fidelity towards the king ; we must be for god and the king in all things , all our actings , and undertakings , should tend to their glory , which would prove our greatest good and comfort ; homagium ligeum is only due unto the king ; the law prohibiteth us to do homage to any , without making mention of this homage due unto the lord our king ; therefore we must not be opposite to , or armed against him , but both our lives and members must be ready for his defence , because he is soveraign lord over all . co. lit. . as the conquerour did make all his subjects feudaries to him , so likewise did he change our lawes and customes at his pleasure , and brought in his own country fashions , which is the common use of conquerours . he caused all lawes to be written in his language , and made what lawes he thought meet , quod principi placuerit , legis habet vigorem , whatsoever the king willed , was the only law ; his fiat , was as binding , as an act of parliament ; and what he voted , no man , no not the whole kingdome , had power to dispute . there was no question then made , but that the king ought to have the militia , neither did any one think of , much lesse , deny him a negative voice . the commons then thought it an high honour , to look upon the kings majesty a farre off ; to sit , and rule their families at home , was all the jurisdiction which they had , or claimed ; they had not power to condemn one of their servants to death , much lesse their soveraign lord the king , from whom they then , and we now , have our being . the king had not then made them so much as the lower house , nor ever did admit them to his counsel ; the lords , their masters , were only deemed wor●hy of this dignity ; for why ? tractent fabril●a fabri , let the shepheard keep his sheep , and the hogheard keep his hogs , and not meddle with the tuning of musical instruments . though the plow-man can drive , and guide his horses well , yet he would make an ill pilot to steer a ship ; the blacksmith may have skill to make a horse-shooe , but he would rather marre , than make a watch ; the commons may make good subjects , but experience teacheth us , they will rather destroy both king , and kingdome , than reform , or rectifie either . therefore the kings of england did never admit the commoners into their counsels , much lesse , intrust them with the legislative po●er . for it is a meridian truth , that as before , so from the conquest , until a great part of the reign of henry the third , ( in whose dayes ( as some hold ) the writ for election of knights was first framed ) the barons and prel●tes only made the parliament , or common council of the realm , whom the king convoked by his royal summons , when he pleased . neither did the council so convened , consist of any certain number , but of what number , and of what persons the king vouchsafed . nay clear it is , by the lawes made in the reign of edward the first , ( which was above two hundred yeares after the conquest ) that there was no certain persons , or formed body , whose consent was requisite to joyn with the king in making an act of parliament ; but when the king conceived it fit to make a law , he called such persons as he thought most proper to be consulted with . indeed , at the coronation of henry the first , all the people of england were called by the king , and laws were then made , but it was per commune concilium baronum . and that king and his successours , did not usually call the commons , but made laws with the advice of which of their subjects they pleased ; and as sir walter rawleigh and others write , the commons with their magna charta , had but bastard births , being begotten by usurpers , and fostered by rebellion , for king henry the first did but usurp the kingdom ; and therefore to secure himself the better against robert his eldest brother , he courted the commons , and granted them that great charter , with charta de foresta , which king john confirmed upon the same grounds , for he was also an usurper , arthur duke of brittain being the undoubted heir of the crown , so the house of commons and these great charters had their original from such that were kings de facto , not de jure . but it maters not which of the kings first instituted the house of commons , certain it is , that long after the conquerour , its name was not so much as heard of in england , but ( as it is apparent ) one of his successours did form them , and grant , not to make laws without their consent , and by a statute made h. . the writ of summons now used was formed , and by an other act made h. . direction is given who shall be chosen , that is to say , for knights of the shires , persons resiant in the county , and for cities and boroughs , citizens and burgesses dwelling there , and free-men of the same cities , and boroughs , and no other . so that now by the kings gracious concessions , each member of the house of commons ought to be respectively elected , out of the shires , or counties , cities , or boroughs , by the kings writ , ex debito justitiae . now would it not strike a man with admiration , and make his hair stand an end , to hear , that the house of commons should claim the legislative power , and protest to the world , that they were greater in authority and majesty than the king , who raised them from nothing ? surely 't is but a dream , which troubled the head a while , with strange chimaeras , and then vanish'd ; it is but a phantasm , which fanatick distempers raised in lunatick brains , and so perish'd ; after ages will account it but an ovids metamorphosis , or as a fable , told more , for mirth , and novelty , than for any truth or reality ; for why ? are the pots greater than the potter ? or doth he who ought for to obey , give laws to him whose right it is to command ? the king sayeth to the house of commons , come , and they come , and he sayeth to them go , and they go , whatsoever the king commands , that they cannot chuse by law but do ; nay the lords their masters , are but the kings servants , the king is the head , and they are but the servile members ; it is the property of the head , not of the members to command ; the inferiour members are all at the will and nod of the head , the feet run , the hands work , and the whole body moveth at the pleasure of the head , but without the head the whole body is but a dead trunck , and neither hands nor feet have power to move : so the members of the parliament without the king their head , have not power to sit , much less to act : there is no body without a head , nor no parliament without a king , they cannot move , nor convene together , without his royal summons , neither can they dissolve themselves , being convened , without his command , the king assembles , adjourns , prorogues and dissolves the parliament by law at his pleasure , and therfore it is called in our statutes and law-bookes , parliamentum regis , curia regis , et concilium regis , and the acts of parliament are called the kings laws ; and why not the kings laws ? doth not he make them ? the whole body and volumes of the statutes proclaim the king the sole legislator . what is magna charta but the kings will , and gift ? the very beginning of it will tell you 't is no more , viz. henry by the grace of god , &c. know ye that we of our meer and free will , have given these liberties : in the self same style runs charta de foresta . in the statute of escheates made at lincoln , edw. . are these words , at the parliament of our soveraign lord the king , by his council it was agreed , and also commanded by the king himself , that &c. the statute of marlebridg h. . runs thus . the king hath made these acts , ordinances , and statutes , which he willeth to be observtd of all his subjects high and low . . edwardi primi , the title of the statute is , these are the acts of king edward , and afterwards it followeth , the king hath ordained these acts , and the first chapter begins , the king forbiddeth and commandeth , that &c. . edw. it is said , our soveraign lord the king hath established the acts , commanding they be observed within this realm . and in the chap. the words are , the king of his special grace granteth , that &c. the statute of quo warranto , saith , our lord the king at his parliament , of his special grace , and for affection which he beareth to his prelats , earls , and barons , and others , hath granted , that they who have liberties by prescription shall enjoy them . . ed. . to the honour of god , and of holy church , and to the redresse of the oppression of the people , our soveraign lord the king &c. at the request of the commonalty of his realm by their petition made before him and his counsel in the parliament , by the assent of the prelats , earls , barons , and other great men assembled in the said parliament , hath granted for him and his heirs &c. but wherfore evidences to prove that which no man can deny ? the styles of the statutes and acts printed to the h. are either , the king willeth , the king commandeth , the king provideth , the king grants , the king ordains at his parliament , or the king ordaineth by the advice of his prelats , and barons , and at the humble petition of the commons &c. but in henry his time the style altered , and hath sithence continued thus : it is ordained by the kings majesty , and the lords spiritual , and temporal , and the commons in this present parliament assembled ; and why do the lords and commons ordain ? is it not only because the king doth ? it is so , they do , because the king doth , which only denotateth their assent , for the kings majesty giveth life to all , as the soul to the body ; for did ever the lords or commons make an act without the king ? never ; they cannot ; the lords advise , the commons consent , but the king makes the law , their bills are but inanimate scriblings , untill the king breaths into their nostrils the breath of life , and so that which was but mould before , becometh a law which ruleth living souls , and as sr. edward coke observeth , in antient times all acts of parliament were in form of petitions , which the king answered at his pleasure ; now if it be the duty of the parliament to petition , and in the power of the king to receive or reject their petitions at his will , judg you who hath the supreme power . neither doth the king only make the laws , but he executeth them too , for all executions ( which are the life of the law ) receive their force and vigour from the king. car la ley , le roy , et les briefes le roy sont les choses per que home est protect et ayde , saith our father littleton , sect. . there be three things whereby every subject is protected , rex , lex , & rescripta regis , the king commandeth , his commands are our laws , and those laws are executed only by the kings writs and precepts ; and although the king moses-like deputeth subaltern judges , to ease himself of some part of the burthen of administring justice , yet what they judge , are the kings judgments ; the law is the rule , but it is mute , the king judgeth by his judges , and they judging are the kings speaking law ; the judges are lex loquens the kings mouth , the commons are his eys , and the lords his ears , but the kings head is viva lex , the fountain of justice , to whom god hath given his judgments , and we have none but what the king gods vicar giveth to us ; and why not the kings judgments ? quod quisque facit per alterum facit per se , the kings patent makes the judges , the power of pardoning offences only belongeth to the king : he may grant conusance of all pleas at his pleasure within any county or precinct , to be holden there only , and remove the courts at westminster to what place he pleaseth , and adjourn the terms as he sees cause , this is book-law , . h. . . eli. dier . but i pray what law set up the new slaughter-house in england , viz. the high court of justice ? doubtlesse it was not the kings law , and if not his law , it was no law , for england never heard of any other but the kings laws . you have already heard that the king was before parliaments , that the king first instituted parliaments , not parliaments the king , that the house of commons is but as it were of yesterday , and that both houses are nothing else but what the king made them ; let us now see what the king did make them , & with what power this idol the house of commons is invested , & since they have nothing else to shew for what they are , than the kings writ , that being their basis , and only legal authority , take a view of the writ . the king to the vicount or sheriff greeting . whereas by the advice and assent of our counsell , for certain arduous and urgent affairs concerning us , the state , and defence of our kingdom of england , and the anglican church , we have ordained a certain parliament of ours to be held at our city , _____ the _____ day of _____ next ensuing , and there to have conference , and to treat with the prelats , great-men , and peers of our said kingdom ; we command , and strictly enjoyn you , that making proclamation at the next county court , after the receit of this our writ , to be holden the day and place aforesaid ▪ you cause two knights girt with swords , the most fit and discreet of the county aforesaid , and of every city of that county two citizens , of every borough two burgesses , of the discreeter , and most sufficient , to be freely and indifferently chosen by them , who shall be present at such proclamation , according to the tenor of the statute in that case made and provided , and the names of the said knights , cittizens , and burgesses , so chosen , to be inserted in certain indentures , to be then made between you and those that shall be present at such election , whether the parties so elected be present or absent , and shall mak● them to come at the said day , and place , so that the said knights for themselves , and for the county aforesaid , and the citizens , and the burgesses , for themselves , and the cominalty of the said cities , and burroughs , may have severally from them full and sufficient power , to do and to consent to those things , which then by the favour of god shall there happen to be ordained by the common counsel of our said kingdom concerning the businesse aforesaid ; so that the businesse may not by any means remain undone for want of such power , or by reason of the improvident election of the aforesaid knights , citizens , and burgesses ; but we will not in any case , that you or any other sheriff of our said kingdome shall be e●ected : and at the day and place aforesaid , the said election , being made in a full county court , you shall certifie without delay to us in our chancery under your seal , and the seals of them which shall be present at that election , sending back unto us the other part of the indenture aforesaid , affiled to these presents , together with the writ . witnesse our self at westminster . this writ is the foundation of the parliament , upon which the whole fabrick of their power and proceedings is grounded . it is that which setteth up a parliament man , and is the only commission which distinguisheth him from another man ; for without that , every man in the kingdom hath equal right and authority to sit and vote in parliament : now by law , no man ought to exceed his commission ; therefore if the lords or commons act beyond the bounds of their power limited in this writ , ( their only commission ) they are transgressors , and incur the punishment of malefactors . the writ telleth you , that both houses are but as it were the production of the privy council , for though the king ordaineth the parliament , yet it is , by the advice , and assent of his council : why then may not the kings privy council ( being prius tempore ) lay claim to the soveraignty , as well as his common council ? surely both have like right . the lords are only enabled by their call , t● conferr and treat , and that not without , but with the king. it is their counsel to advise , not their power to authorize , which the king requireth ; for why ? had not the king ordained a certain parliament to be , and there to ●ave conference , and to treat with them , they ●ad not come , to give him counsel ; and as they ●annot come but when the king commands them , ●o neither can they chuse but come when the king ●oth command , except the king excuse them . ●nd being come they are but ( as judge jenkins●ith ●ith ) consiliarii , non praeceptores , counsellors , ●or commanders , for to counsel , is not to com●and ; they are only to advise , not to controul , ●r compel the king. the parliament is ordained ●y the ●ing ( as appeareth by the writ ) only for ●ertain arduous , and urgent affairs , . touching ●he king. . the state of the kingdom . ● . the defence of the kingdom . . the ●tate of the church . and . the ●efence of the same church . though it ●e arduous , yet not urgent occasion , to destroy ●ingship . to condemn the king to death , and ●unishment , is not touching the king but a male●ctor . to kill the king , is to destroy the kingdom , ●ot to defend it , and his death , is the death of ●e church and religion . o how have the long ●arliament swarved from the true ends for ●hich parliaments were ordained ! indeed the lords ( not as the upper house of ●arliament , but as a distinct court of the kings ba●ns ) have power to reform erroneous judge●ents given in the kings bench ; but there is first petition of right made to the king , and his an●wer to it , viz. fiat justitia . the court of parliament is only the house of lords where the king sitteth , and they are his common-counsel , it belongs to them to receive all petitions , to advise his majesty with their counsel , and to consent to what laws the king shall make by their advice . not to speak of the qualities of the persons of the house of commons , being most of them ( to wit citizens and burgesses ) tradesmen , brought up in their shops , not in any university , or academy of law and learning , and as fit to govern and make laws , god wot , as cows are to dance ; the rest of them being knights of shires , chosen commonly rather for their mony than their wit , having greater wealth than head-pieces . i pass from their education to the authority which the king vouchsafed to bestow upon them , which is only what is contained in the writ , viz. facere & consentire , to do & consent , but to what ? not unto such things which they shall ordain , but unto such things which are ordained by the king and his common-counsell , they are but only ministerial servants , and by the writ it is clear that they are no part of the great counsel of the kingdom , they are but the grand inquest , and general inquisitors of the realm , to find out the grievances of the people , and petition to the king for redress , the burgesses , and citizens to present the defects in their trade , and the knights of the shires , the burthens and sores of their counties , they ought not , nor are not admitted into the house before they have sworn , that the kings majesty is the only and supreme governour over all persons in all causes . this oath did every member of the long parliament take , before they set foot into the house of charls the martyr , whom they afterwards murthered , and took possession themselves of all that he or his royal progeny , had or should have ; let the world judge how faithfully these keepers kept their oathes , and covenants . now forsooth none must come into the house but those who first swear , that the king ( who is ) is not , but that they ( who are not ) are the only supreme governours over all persons in all causes . and will these oaths be kept ? 't is perjury to keep them . thus they joyn hand in hand , and oath to oath , but it is but to do wickedness , for like king davids rebels , they make a covenant against their king , and would murther him , as they did his father , if they could catch him : but nulla pax malis , the wicked cannot hold together long , though they unite their forces into one intire body , yet it is but like samsons foxes , by the tailes , only to set the world on fire . when the commons have taken the oath of supremacy , and met together in a body collective , in the house , they have not so much power as a steward in his leet , or a sheriff in his tourn , for they cannot minister an oath , imprison any body but themselves , nor try any offence whatsoever , ( much less try their king , and assume the legislative power ; ) at a conference the commons are always uncovered , and stand when the lords sit , ( surely these are no marks of soveraignity ) they indeed chuse their speaker , but after their choice the king may refuse him at his pleasure , and make them chuse another , and lenthal himself ( as all other speakers do ) did , when he was presented to the king , disable himself as a person unworthy to speak before the king ; yet now he is styled the father of our country . ( how the world is turned up-side down ! ) these parliamentiers heretofore were wont to be arrested by any common person , and lyable to all sutes , and punishments , as other men , untill the king graciously passed an act for their indemnity , h. . ea . . so that they are nothing but what the king made them , nor have nothing but by his grant ; and all that the king did make them , appeareth by the writ , which is to do and consent to such things as the king with his common-counsell should ordain . then stay reader , and behold , stand still , with thy head and hands lift up to the heavens , and admire , with what impudence , and oppression , tyranny , and usurpation , the long parliamentiers are fraught with , who never had any other legal power than by the kings writ , and have lost that by the kings death ; yet tyrannize over three kingdoms , calling themselves the representatives of the whole kingdom , and that they were intrusted by the people , with the supreme and legislative power , which god and all the world knoweth is as false as the almighty is true . for first they do not represent the king the head , nor the peers who are the higher and nobler part of the kingdom , therefore they are not the representatives of the whole kingdom , neither were they ever entrusted by the people with the supreme and legislative power , nay , the people did never confer any power on them at all , for by their election the people did but design the person , all the power the commons have , proceeded from the king , which is contained in the writ , by which they were called . as free-holders worth forty shillings a year , and free-men of cities , and borroughs , would make very unfit electors of supreme magistrates , so never did they , they cannot make any election of their commons , untill the king commandeth , and giveth them power , they have no power so to do of their own , much less to authorize supreme legislators . the king giveth liberty to towns and cities , to make choice of burgesses , which had no such power before the kings grant , so that all the power which the commons have floweth from the king , not a drop of it from the people . therefore , if the commons exceed their commission , to wit , the power given them by the kings writ , it is illegal , and their actings void in law ; and since the power given them by the writ , is extinguished by the kings death , the long parliament is by law dissolved , and all the power which they take upon them since , is usurped , illegal , and tyrannical , and contrary to the lawes both of god and man. and to make their tyranny the greatest under the heavens , they protest to the world , that the representatives of the people , ought to have the legislative power ; yet they give lawes ( as they call them ) to scotland and ireland , not having so much as one member from both kingdomes , in their representative body ; nor the eighth part of the representatives chosen by the counties , cities , and burroughs in england . so that no tyrants since the creation of the world , did ever equallize these , either in cruelty or absurdity , wickednesse or foolishnesse : yet forsooth , in , they made an act , that it should be high treason , for any one to affirm the present government to be tyrannical , usurped or unlawfull ; or that these commons are not the supreme authority of the nation . so thieves may murther the father , and take away the inheritance from his children , and then make a law , that it shall be high treason for any one to call them thieves or usurpers , or to say , they had not the supreme authority . thus they defend tyranny with tyranny , and one sin with another . unumquodque conservatur , eodem modo quo fit . things impiously got , must be impiously kept . they got their authority by blood , and by blood it must be kept ; they juggled themselves by lyes into the supreme self-created authority , and we must lye , and say they are the supreme authority , only because they do , otherwise we shall be executed for high treason , against this infamous conventicle ; so that of necessity we must displease god , if we please them , and live no longer , than we sin , for they have made it a capital offence to speak truth . i must confesse , most men amongst us , are frighted with this scarr-crow , not only to lye , and affirm the long called parliament to be the legal supreme authority , but also with st. peter , forswear , and deny their persecuted lord and master the king , accounting no weather ill , so they be by their warm fire sides , and esteeming all men indiscreet , who publickly own their king , and therby incurr the displeasure of these domineering tyrants . but for my part , i had rather be a servant to god , and my king , than a master amongst the unrighteous ; i am a member of the body of the common-wealth , and therefore cannot see my head the king cut off , without crying , lord have mercy upon us . it is the duty of all his subjects both with pens and hands , to help their king out of the mire , into which these rebels have cast him ; not only the law of god , but the law of the land injoyneth us thereto : and i cannot see our laws and religion rooted up , without groans and sighs ; it is no time to be silent , when the fabrick wherein our whole treasure and happines consisteth , is set on fire : neither can silence , or innocence , protect one from the unjust violence of these wolves ; sleeping , or waking , we are alwayes their prey : some of us they murther for our estates , some for their pleasure , but all according to their wicked wills , not law . therefore god knows whether i may be the next who must come to their pot ; howsoever , i had rather be taken , doing god , my king , and my country service , than in a drowsie lethargy : i commit my soul and body , to the protection of the almighty , who dorh not let a sparrow fall to the ground without his divine providence , therefore will not let me fall into the power of their lust , without his permission . the king fell , and why should not i ? the lords will be done , who when he hath corrected his children , will burn the rod. they can destroy only my body : him only will i fear , who can destroy both body and soul. give cerberus a sop cryes some men , and speak fairly to the monster now in power : but it is but to go into hell ; therefore i will neither flatter , nor dissemble with them . not to speak of the modesty of the house of commons in former ages , scarce adventuring to doe what they might , for fear they should arrogate too much ; as in ed. . when their advice was required concerning the prosecution of a warr with france , they answered , that their humble desire of the king was , that he would be advised therein by the lords , being of more experience than themselves in such affairs . the like president of their modesty may you find in the r. . and in the e. . they disclaimed to have cognisance of such matters , as the guarding of the seas , and marches of the kingdom . we may conclude , that unlesse it be the property of the servant to command , and the master to obey , or of the souldiers to march before their captain , that the king hath the supreme power , and is the sole legislator , not the house of commons : for the king representeth god , the commons only the ignoble people . as for both houses joyntly together , they are no court at all ; therefore can have no thoughts of having the legislative power . and as the two houses have no power but what the king bestoweth on them , so neither have they any title of honour and dignity , but by the kings gift . for as all the lands in england , and all power and authority , is derived from the crown ; so by the laws of england , all the degrees of nobilitie , and honour , are derived from the king , the fountain of honour , and majesty it self , . inst . . what then ? have the two houses joyntly , or the house of commons singly , the soveraign power , because they have none but what the king giveth them ? have they the majesty , because they have no honour or dignity but by the kings gift ? surely this is all the reason : the king made the lords , not the lords the king : a peasant to day may be a lord to morrow , if the king pleaseth ; and is the pesant therefore the kings master ? surely no , it is the king who createth barons , and so maketh them capable to sit in the house of peers ; but they are made but peers , not kings ; nay they are but peers of the realm , not of the king : they are under , not above the king ; for sunt & alii potentes sub rege qui dicuntur barones , hoc est , robur belli , saith bracton l. . c. . though they are potentes , yet they are sub rege . as for the house of commons , they are so far from being our keepers , or the masters of our king and kingdom , that there is not a noble man amongst them ; they receive their being from the breath of the kings writ , and having their being in a collective body , they are but the lower house , whose name importeth subjection . but if the commons when they sit in the house have the soveraign power , where was it before their sessions ? and where is it when they are dissolved ? what doth it hang in the clouds , and drop on them when they sit , and dissolve like the snow with the vvinter , when the king dissolveth them ? soveraignty is permanent , and always continueth waking : the house of commons are , and they are not , according to the kings pleasure , he assembles and dissolves them at his will. and what ? doth the soveraign power sleep or die , during their interregnum ? one would think it belonged to the king , because he never dieth . o ridiculous commons ! i am weary of their absurdity in claiming the soveraignty . but as once it was demanded of an oraaor ; speaking very much in the commendation of hercules , quis vituperavit ? so it may be demanded of me , treating of the kings soveraignty , who hath brought arguments against it ? truly for my part , i never saw any reasonable argument against it ; many cavils , but no reasons . evasions are the best proofs used by the anti-royalists : and when they shift a question with forein matter , or a forein meaning , they think they have not only made a good answer , but also proved the point in question to be on their side : as when our books say , every man in the kingdom is under the king , but the king is under none but god , they answer , the meaning of the book is , that every single man in the kingdom is under the king , but not the whole people collectively , for they are above the king. just as if the book should say , every man in the world is under the heavens , but the heavens are under none but god : and they should answer to evade it , the meaning of the book is , that every single man is under the heavens , but not the whole body of the people ; for they are above the heavens . o miserable invention ! such absurdities are most of their arguments . therefore we may conclude , that since club-law set them above reason , it must be club-law which must pull them down . let the sword argue them out of the kings possessions , which they have gotten by rebellion , and it will be easie then to convince them , that rebellion against the king is unlawful . had the king had no revenues , he had still injoyed his crown . it is the profit which maketh king-killing honest ; and it is the sweetnesse of the bishops lands , which makes the office of a bishop so bitter , and odious , to our new states-men ; the law would have them ejected from their ill gotten fortune and estates ; therefore they persecute the law , as their utter enemy , and say , that they will have it no more coached in the city of london , but carted in the country amongst the swains ; but they must likewise send the city with it into the country , otherwise the body will dye when the soul departeth , and the city will perish , when the law and its retinue bid it farewell . as histories both forein and domestique , antient and modern , and the whole accademy of the common law , so it is apparent by many records , and judgements in parliament : and both the lords and commons , in divers acts of parliament , through many successions of ages , have declared that the king of england is monarcha & imperator in regno suo , a monarch and emperour in his realm , above all the people in his kingdom , and inferiour to none on earth , but only the almighty , holding his crown and royal dignity , immediately of god , and of none else . by the statute of h. . ca. . enacted in ireland , it is declared , that the kings of england are lawful kings and emperours of the said realm of england , and of this land of ireland . so by the act of r. . ca. . it is declared , that the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to god in all things touching the regality of the same crown , and to none other . and what is the house of commons , a god ? if they are but men , the crown is not subject to them , for the statute telleth you it is in no earthly subjection . but perhaps they are devils ; neither will that serve their turn , for as it appeareth by the act , the crown is immediately subject to god , and to none other . so by the statute of h. . cap. . it is declared , where by divers sundry old authentick histories , and chronicles , it is manifestly declared , and expressed , that this realm of england , is an empire , and so hath been accepted in the world , governed by one supreme head and king , having the dignity and royal estate of the imperial crown of the same , unto whom a body politick compact of all sorts , and degrees of people , divided in terms , and by names of spiritualty and temporalty , been bounden , and ought to bear next god , a natural and humble obedience , he being also institute and furnished by the goodnesse and sufferance of almighty god , with plenary , whole and entire power , pre-eminence , authority , prerogative , and jurisdiction , to render and yield justice , and final determination , to all manner of folk , and subjects within his realm , and in a● causes , matters , and debates whatsoever . behold here , and consider the judgement of the whole people , both lords and commons . who can contradict what they said ? none but the antipodes of our age , who contradict all truth , justice , law , and honesty . i heard it affirmed , that they were about to explode out of the new testament ▪ the th . chapter of the romans , and other texts in scripture , which commanded subjection to kings . truly i believe they did not want knavery , but only conveniency to effect it . if the bible had had but one head , off it had went as sure as the kings ▪ in the statute of eli. cap. . and in several other acts of parliamen● , the crown of england is called an imperial crown , and the parliament , the kings h●gh court : and that you may see , that the murtherers of charls the martyr , pretended to want water when they were in the sea , read the act of parliament ia. cap. . wherein the lords and commons made this joyfull recognition , viz. albeit , we your majesties loyal and faithfull subjects , of all estates , and degrees , with all possible and publick joy and acclamation , by open proclamations , within few hours after the decease of our late soveraign queen , we declared with one full voice of tongue and heart , your majesty to be our only lawfull and rightfull liege-lord and soveraign , yet as we cannot do it too often , or enough , so it cannot be more fit , than in this high court of parliament , where the whole kingdom in person , or by representatives is present , upon the knees of our hearts , to agnize our most constant faith , obedience , and loyalty , to your majesty , and your royal progeny , humbly beseeching it may be ( as a memorial to all posterity ) recorded in parliament , and enacted by the same , that we ( being bounden thereunto by the laws of god and man ) do recognize and acknowledg , that immediately upon the death of queen elizabeth , the imperial crown of this realm did by inherent birth-right , and lawfull and undoubted succession , descend , and come to your majesty , and that by lawfull right and descent , under one imperial crown , your majesty is of england , scotland , france , and ireland , the most potent and mighty king , and thereunto we most humbly , and faithfully submit , and oblige our selves , our heirs and posterities for ever , untill the last drop of our bloods be spent , and beseech your majesty to accept the same , as the first fruits of our loyalty , to your majesty and royal progeny , and posterity for ever ; which if your majesty will adorn with your royal assent ( without which it neither can be compleat and perfect , nor remain to all posterity , ) we shall adde this to the rest of your majesties inestimable benefits . but now tiber runs backwards , and the moon giveth light unto the sun , the servant ruleth the master , and the peasant is mightier and greater than the king : nay in stead of walking on our feet ( as our fore-fathers did , ) we walk upon our heads , and as for the old paths where is the good way , we will not walk therein . our ancestors have attested the kings soveraignity with their lives and sacred oaths , but we attest the contrary , so that if we of this age are not , our ancestors of all ages past were ignorant perjured fools . our fathers ( as you see in the fore-going statute ) did humbly submit , and oblige themselves , and us , their heirs , and posterity , to be constant and faithfull in subjection to the king , and his royal progeny : but we ( undutyfull to our parents , as well as rebellious to our king , ) oblige our selves , and bind our souls , with many sacred oaths , to expell him from his crown , rob him of his revenews , and extirpate his royal progeny , being constant , and faithfull to nothing but our own lusts and ambition . they would spend their bloods to maintain , and defend the king : but we spend both our bloods and estates , to offend and destroy him . they esteemed their act void and imperfect , without the royal assent ; but we esteem and vote the royal assent , void , imperfect , and uselesse . but wherefore do i say we ? lay the saddle on the right horse . it was neither lords , nor commons , parliament , nor people , who perpetrated all these villanies ; but it was fifty or sixty rotten tainted members of the lower house , small in number , but great in transgression . so may the tayl , nay a piece of the tayl , destroy the whole body , and reign sole lord paramount . oh what multitudes of impieties can the wicked accomplish in an instant . seneca . nullum ad nocendum tempus angustum est malis , in no longer space than betwixt the father and the son , did these horse-leaches subvert our fundamental government , destroy king and kingdom , parliament and people , and all our laws , and religion ; so that the question is not whether the parliament be above the king , but whether a little company of great traytors and usurpers , ( the dregs and lees of all tyranny , ) be above both king and parliament : for the parliament ( as you see by the joyfull recognition made to king james &c. ) enacted , and most humbly acknowledged the king to be above both parliament and people , and the crown to be hereditary to the king and his royal progeny ; but these men , and only these who by violence make themselves above both king and parliament , defending their persons from the justice of the law , with armed red-coats , and the greatness of their villanies , these are they who deny it , though the laws of the realm , and all histories , and all kingdoms teach them otherwise . god calleth himself a king in several places of the scripture , to note , and signifie his soveraignity , which surely he would not do , was the king the peoples vassal or under officer , as the bedlam franticks of our age feign . thou art my king o god , ( saith david ) command del●verance for jacob. the king and the power to command are individua , he is a clout , no king , which cannot command ; and who should be under his command ? what ? the people , taken particularly , and distributively , as single men , and not collectively as the whole kingdom , according to the fanatick opinion of our lunaticks ? why is he not then called king of single men ? if he be king of a kingdom , then all the people jointly or severally in his kingdom are under his command , and if under his command , then he only hath power to give them laws , be they in one collective body as in parliament , at the kings house , or simple bodies at their private dwellings . le roy fait les leix avec le consent du seigneurs , et communs : et non pas les seigneuns , et communs avec le consent du roy , is the voice of the common law , the king makes laws in parliament , with the consent of the lords and commons , and not the lords and commons with the consent of the king. virg. eneid . hoc priami gestamen erat , cum jura vocatis more daret populis — and eneid . — gaudet regno trojanus arestes , indicitque forum , & patribus dat jura vocatis . the lords and commons have power only to propound , and advise , it is only the kings le roy le veult , which makes the law , their propositions and advice signifie nothing , if the king saith le roy se avisera ; they have not power to grant him any subsidies , untill the king saith , le roy remercieses loyaulx et ainsi le veult . therefore much less the soveraignity . it would be strange , if the assembling of the subjects together should make them masters over the king , who gave them power to assemble , and hath power to turn them home again when he pleaseth . legum ac edictorum probatio , aut publicatio , quae in curia vel senatu fieri solet , non arguit imperii majestatem in senatu vel curia inesse , saith bodin . de rep. li. . ca. . the publishing , and approbation of laws and edicts , which is made ordinarily in the court of parliament , proves not the majesty of the state to be in the said court , or parliament ; it is the kings scepter which giveth force to the law , and we have no law , but what is his will. the king surely would never call his subjects , to bind him with laws against his will , much lesse to take his dominion from him , and make himself a vassal , and officer , to his two houses , or either of them , who were not capable themselves of any office without his gift and licence . the kings of england have called many parliaments , yet the government hath alwayes continued monarchical , and the king not under , but above the people , inferior only to god ; even forein polititians will tell you so . let famous bodin ( who tanketh our kings amongst the absolute monarchs ) speak for all , lib. . cap. . habere quidem ordines anglorum authoritatem quandam , jura vero majestatis & imperji summam , in unius principis arbitrio versari . the states ( saith ) he of england , have a kind of authority , but all the rights of soveraignty , and command in chief , are at the will and pleasure of the prince alone . learned cambden in his britannia , fo . . teacheth us , as touching the division of our common wealth , it consisteth of a king , or monarch , noblemen , or gentry , citizens , freeborn , whow we call yeomen , and artisans or handicrafts-men . the king whom our ancestors ( the english saxons ) called coning and gining ( in which name is implyed a signification both of power and skill ) and we name contractly king , hath soveraign power , and absolute command among us , neither holdeth he his empire in vassalage , nor receiveth his investure , or enstalling of another , ne yet acknowledgeth any superiour but god alone . now if reason , and the judgement of our ancestors , would satisfie our frenzy upstarts , what greater authority would they have ? but that they are troubled with so many visions , and false revelations of their own , i would commend to them a true vision , in the reign of edward the confessor , viz. one being very inquisitive , and musing what should become of the crown , and kingdom , after king edwards death ( the blood royal being almost extinguished ) he had a strange vision , and heard a voyce which forbade him to be inquisitive of such matters , resounding in his ears ; the kingdom of england belongeth to god himself , who will provide it a king at his pleasure . but now forsooth it belongeth to the people , and they will provide it a king at their pleasure : it is the people now which make the king ; if so , why ever had we any kingdoms ? why were they not called peopledoms ? the kings of england , with them of france , jerusalem , naples , and afterwards scotland , were antiently the only anointed kings of christendom . and as the kings in scripture ( as asia , jehoshaphat , hezechiah , &c. ) so the kings of england have alwayes had the supremacy in ecclesiastical causes : reges , sacro oleo uncti , sunt capaces spiritualis jurisdictionis . ed. . rex est persona mixta cum sacerdote , habet ecclesiasticam et spiritualem jurisdictionem , h. . . and although kings ought not to be ministers of the chutch , so as to dispense the word and sacraments , for no man taketh this honour unto himself , but he that is called of god , as was aaron , hebrews . . yet since they are called of god to be kings , as his vicegerents , they have power to look to , and have a care of the church , that the word be preached , and the sacraments administred , by fit persons , and in a right manner , else how should kings be nursing fathers to the church , had they not a fatherly power over it ? therefore many acts of parliament , in several kings reigns , and the whole current of law books , resolve and affirm the king to be head , and have supreme jurisdiction in ecclesiastical causes . in the first year of edward the sixth , a statute was made , that all authority and jurisdiction both spiritual and temporal , is derived from the king. so in the reign of edward the confessor , was this law , ca. . the king , who is the vicar of the highest king , is ordained to this end , that he should govern and rule the kingdom , and people of the land , and above all things the holy church , and that he defend the same from wrong doers , and destroy , and root out workers of mischief . but since reverend coke in the fifth part of his reports , de jure regis ecclesiastico , hath with luculent examples , and impregnable lawes , made it so clear , ( that no man can gainsay it ) that the king ought , and the kings of england ever since before the conquest , until the reign of queen elizabeth , ( at which time he writ ) have had the supreme power and jurisdiction , in all spiritual , and ecclesiastical causes , i referre you to his book , only reciting part of his conclusion , viz. thus hath it appeared , as well by the antient common lawes of this realm , by the resolutions and judgments of the judges , and sages of the lawes of england , in all succession of ages , as by authority of many acts of parliament , antient , and of later times , that the kingdome of england is an absolute monarchy , and that the king is the only supreme governour , as well over ecclesiastical persons , and in ecclesiastical causes , as temporal , within this realm . and in another places , fo . . he saith , and therefore by the antient lawes of this realm , this kingdome of england is an absolute empire , and monarchy , consisting of one head , which is the king ; and of a body politick , compact and compounded of many , and almost infinite several , and yet well agreeing members . all which the law divideth into two several parts , that is to say , the clergy , and the laity ; both of them next , and immediately under god , subject , and obedient to the head . also , the kingly head of this politick body , is instituted , and furnished with plenary , and intire power , prerogative , and jurisdiction , to render justice and right , to every part and member of this body , of what estate , degree , or calling soever , in all causes , ecclesiastical or temporal , otherwise he should not be a head of the whole body . now he that looketh upon these authorities , and yet saith , that the king is not above both parliament and people , nor hath soveraign power over them , will likewise look upon the sun in the heavens , and yet say , that it is not above , but below the earth ; and when he is in the midst of the sea , say , that there are no waters in the world . if then the king hath the supreme power over parliament and people , ( as most certainly he hath ) how then could the parliament or people , ( much lesse , sixty of them ) question , or judge their king ? for no man can deny , but that the greater power ought to correct , and judge the lesser , not the lesser , the greater . how could they , did i say ? why , vi & armis , by violence and injury , not by law . so may i go and murther the king of spain , or the king of france , and then tell them , that their people have the supreme power over them . the case is all one , only these rebels murthered their natural father , and king , to whom nature , and the lawes of god and man , had made them subjects ; but i should murther a forein king , whom i ought not to touch , he being the lords annointed . it is easie to prove the soveraignty of the kings of england , by their stiles , ( unlesse our anti-monarchical statists will say , they nick named themselves . ) their several stiles , since the conquest , you may see in the first part of my lord coke's institutes fo. . therefore i will not trouble you with a recital of them ; as for the styles before the conquest , take one for all , which you may find in the preface of co. li. . and in davis his irish reports fo. . in a charter made by edgar one of the saxon monarchs of england , before the danish kings . viz. altitonantis dei largiflua clementia , qui est rex regum , & dominus dominantium , ego edgarus anglorum basileus , omniumque rerum , insularum oceani quae britanniam circumjacent , cunctarumque nationum quae infra eam includuntu● , imperator et dominus , gratias ago ipsi deo omnipotenti regi meo , qui meum imperium sic ampliavit , & exaltavit , super regum patrum meorum , qui licet monarchiam totius angliae adepti sunt a tempore athelstani , qui primus regum anglorum omnes nationes quae britanniam incolunt sibi armis subegit , nullus tamen eorum ultra fines imperium suum dilatare agressus est , mihi tamen concessit propitia divinitas cum anglorum imperio , omnia regna insularum oceani cum suis ferocissimis regibus usque norvegiam , maximamque partem hiberniae cum sua nobilissima civitate de dublina , anglorum regno subjugare , quos etiam omnes meis imperiis colla subdare dei favente gratia coegi . by which you may observe the first conquest of ireland , and that the kings of england are emperours , and monarchs in their kingdom , constituted only by god , ( the king of kings and lord of lords , ) not by the people . and so did many other kings of england stile themselves , as for example : etheldredus totius albionis , dei providentia , imperator : and edredus magnae britanniae monarcha , &c. but that our preposterous commonwealths men might make themselves most ridiculous , as well as impious in all things , they would argue the king out of his militia , and have him to be their defender , yet they would take away his sword from him . o childish foppery ! what ? a warriour without arms ? a general without souldiers ? why not a● well , a speaker without a mouth ? such droller● was never heard of in the world , until the infatuation of these infandous republicans hatcht it ▪ nay , but there shall be a king over us ( cryed the israelites ) that we also might be like all the nations , and that our king may judge us and go out before us , and fight our battels , sam. . . an● what ? should he fight without the militia ? should the king be over the people , judge them , and go out before them to battel , yet ought the people t● have power to array , arm , and muster the souldier● at their pleasure ? ought they to appoint wha● officers and commanders they thought fit ? surely no : for he will ( saith samuel , verse . ) appoin● him captains over thousands , and captains ove● fifties . so sam. . . david gathered a● the people together , and went to rabbath , and fough● against it , and took it . but why do i cite david had not all the kings in the scripture , nay , hav● not all the kings in the world the chief powe● over their militia ? surely , nothing is more certain ; otherwise , what difference would there be between the king and subject ? militarem autem prudentiam , ante omnia necessariam , ego principi assero , adeo ut sine ea , vix princeps . quomodo enim aliter se tueatu● , sua , ac suos , saith justus lipsius . no militia , no king ; for how can he defend himself and kingdome without it ? the puppy dogs would master the lyon , were it not for his pawes ; the cowardly owles would conquer the eagle , if he had no talons ; and the king would be a laughing stock , both at home and abroad , were it not for the sword , which god ( not the people ) hath girded to his side . the king beareth not the sword in vain , saith st. paul , rom. . . but surely he would bear it in vain , had he not power of himself to draw it , or sheath it , but when the people pleased ; he would be but a poor revenger , to execute gods wrath , had the people , ( as our novists feign ) not he , the sole disposing of the militia . unges eum ducem , sam. . . thou shalt annoint him to be captain over my people . which shewes the kings right to the militia , being captain over his people . unum est regi inexpugnabile munimentum , amor civium . i must confesse , the citizens , and peoples love is the best fortresse , and bulwork for kings ; but charity growes cold , loyal love , and citizens , are not alwayes companions ; whole cities , nay whole countries , may prove perfidious to their king ; and whilst the king dischargeth the office of a loving father , his people may turn traytors , and rebell against his goodnesse . therefore it is good walking with a horse in ones hand , and ever safest for princes , even in the greatest peace , to have a well-disciplin'd militia in a readinesse ; for the affection of the people , like the wind , is never constant , in rege , qui recte regit , necessaria sunt duo haec , arma videlicet , & leges , quibus utrumque tempus , bellorum & pacis , recte possit gubernari : utrumque enim istorum alterius indiget auxilio , quo tam res militaris possit esse in tuto , quàm ipsae leges , usu armorum , & praesidio possint esse servatae . si autem arma defecerin● contra hostes rebelles & indomitos , sic erit regnum indefensum : si autem leges , sic exterminabitur justitia , nec erit qui justum faciat judicium , the law , and arms , are so necessary , and requisite in a king that without both , he can have neither ; for how could he execute , and maintain his lawes , withou● arms ? and how could he levy war , without lawes to direct , and guide his arms ? he could neither proclaim war , nor make leagues , or peace without them . the king is custos totius regni , and by law ought to defend , and save hi● realm . but surely he would b● but a poor keeper , if the peopl● had power to keep his weapon from him at their pleasure . custodes libertatis angliae , the keepers of our liberty , could not keep it from us , without the force of the militia : and how should the king maintain his realm in peace , and defend our lives , liberties and estates , from the forein , and domestick tyranny of traytors and rebels , had he not the sole power , and strength of arms ? the subjects of england are bound by their liegeance , to go with the king , &c. in his wars , as well within his realms , as without , as appeareth by the statute of ed. . cap. . and by a statute made h. . c. . the lords and commons assembled in parliament , declare it to be the duty , and allegiance of the subjects of england , not only to serve their prince , and soveraign lord , for the time being , in warres , but to enter , and abide in service , in battel . and that both in defence of the king and land , against every rebellion , power , and might reared against him . but wherefore should i make my self ridiculous , in attempting to prove that which no age hath denied ? it hath been the custome of all kingdoms , the practice of all times , and the common law of the realm of england , ever since it was a realm , that the power of the militia did alwayes belong unto the king ▪ nay it is proper to him quarto modo he hath an inherent , and inalienable right to it . which right hath been declared , and affirmed by many acts of parliament , in all succession of ages , which in a case so clear , need not to be recited . it belongs to the king only to make leagues with forein princes . h. . ca. and as it is resolved in our law books , if all the people of england should break the league made with a fo●e●n prince , without the kings consent , yet the league holds , and is not broken ; nay so farr are the people , or house of lords , or commons , from having the power of the militia , that ( as you may read the expresse words , inst . pa. . ) if any levy warr to expulse strangers , to deliver men out of prisons , to remove counsellors , or against any statute , or to any other end , pretending reformation of their own heads , without warrant , it is high treason ; for no subject can levy warr within the realm , without authority from the king , for to him it only belongeth . o then admire at the impiousnesse , and impudence of the long called parliament , who murthered their king for committing treason against them , whereas by the laws of the land , they were the only traytors against him . so may the offender punish the offended , for the offence which he himself committed , and so may the prisoner condemn , and execute the judge , for the crime whereof himself is only guilty . the only reason why they demanded the militia of the king , and said that it only belonged to them , was not , because the king ought not to have it , for they well knew , that by the law of all ages , it did only belong to him , and not to them ; but how then could they carry on , and accomplish , their wicked design of murthering him , if they still let his sword hang by his side ? therefore they first laid hold on that , and wrested the militia out of his hands , arguing that it did not belong to the king , but to them . so murtherers may say , that the sword of him whom they intend to murther , doth not belong to the owner , but to them , to the end , they may with the more ease and safeguard , perpetrate their wickedness . and that they might have a shadow to hide all their filthynesse ; they first got several counties to petition for the militia , which they afterwards took by violence , nay they themselves did first petition the king for it . so sturdy beggars first beg for an almes , and by and by knock their benefactor on the head , and make themselves masters of what they before entreated for : and indeed the most part of their villanies did commence with petitions , for in driving on their wicked designs , they alwayes got the rascal rable of the people , to heap in petitions , for what they themselves set them upon , as if these godly villains did nothing , but what they were driven to through commiseration of the people , when god knows , they did nothing , but what was for the satisfaction of their own wicked lusts , and ambition . for when the souldiers , and other baser sort of the people , cryed out for justice and privilege of the parliament ; even then was the injustice of these rebels most promoted , and the parliament did not then only lose its privileges , but its very life and being . thus barbers may cut off the head , when they pretend to trim the hair , and so may physicians destroy and kill the body , when they pretend to apply medicines . for , as now it appeareth even to the blind , their pious pretences , were but a colour , for their wicked intentions , to destroy both king and parliament , and root up all our laws and religion , when they seemed to act most to preserve them . now since the power of warr only belongeth unto the king , it must of necessity follow , that the king hath power to levy taxes , and impose subsidies on his people to maintain the warr , otherwise it would be in vain to think of waging warr : for all souldiers must have ( vectigalia ) food , apparel , and arms , and where should the king have this but in his own kingdom ? to be short , it is a duty laid upon the consciences of all subjects , to supply their king with all necessaries , both in time of warr , and peace ; and a thing commanded both by our saviour , and his apostles , render unto caesar , the things which are caesars . and rom. render therefore to all their due , tribute , to whom tribute is due , custom , to whom custom , fear , to whom fear , honour , to whom honour . but our antipodes subverting all scripture , render to no man their dues , and that they may act contrary to the very words and meaning of every text , they do not render tribute , custom , fear , and honour , to the king , to whom it is only due , but forsooth to themselves , to whom it is not due . so may the servant murther his master , and take all his revenues , and honour as due only to himself . he which argueth that the king hath not right to chuse his privy counsellors , great officers , and judges , &c. will likewise say , that the master hath not right to chuse his servants , it being the practice of all kingdoms , as well as of england , and due to him by the law of nature ; thou shalt provide out of the people able men , saith jethro to moses , when the . grand senators of israel , the great sanhedrim of the jews were to be chosen ; by which you see , the great officers , &c. are to be chosen out of , and not by the people , but by the king. so pharoah , not the people , made joseph ruler over all the land of aegypt , and nebuchadnezzar , and not his people , made daniel ruler over the whole province of babylon . and since our lawyers are so forward to take commissions , and be made judges by every power , which getteth uppermost , be it right or wrong , let me tell them , that it is an undoubted truth , that every person , who hath been since the murther of charls the martyr , or shall hereafter ( without the authority of charls the second ) be condemned and executed for any crime ( whether guilty or not guilty ) in the kings bench , or at the assizes , or elsewhere , is murthered , and all the judgments , acts and proceedings of those nominal judges , or commissioners are void , as things done coram non judice . so that it consequently followeth , that these lawless judges are principals in every murther , so committed . vengeance only belongeth unto god , deu. . . the king is the minister of god , a reuenger to execute wrath upon him that doth evil . therfore whosoever prosecuteth in the kings courts against the life of any man ( as in an appeal &c. ) or sueth for recompence for any wrong done unto him , he doth not take vengeance , but god , who executeth his wrath by his minister the king. but if any private man , or the whole people take upon them to make themselves their own carvers taking what recompence they think fit , either against the king or any of their fellow subjects , in this case they make themselves their own revengers , and rob god of his rights , for vengeance belongeth to him , not to them . therefore if any man , though in a way of publick justice , take upon him to condemn and execute any man , without authority and power from the king , he is a murtherer , and malicious revenger , upon whom the vengeance of god ( whom he endeavoureth to cheat and rob ) will fall . oh then admire , and bewail the infandous murthers , and murtherers of our age , wherein the good are destroyed for performing their duty towards god and their king , and the wicked flowrish , only because they are sinfull , for whosoever will not be a rebel , must not be a common-wealths-man amongst these new republicans . yet forsooth they have such a form of godlinesse amongst them , that whosoever doth not approve of their wickednesse , but speaketh of their actions according to their deserts , they call such men the ungodly , and flatter themselves , saying , the saints of all ages have been spoken evil of by the wicked , holy david , nay our saviour and his disciples were reviled by the reprobate , therfore no wonder if the malignant cavaleers do reproach , and vilifie our piousness , and brotherly love and charity one towards the other . so belzebub may call them impious , who do not account him the only good angell . how these men would be esteemed most religious , even when they commit sacrilege , and seem righteous even in the very act of wickednesse ; they murther many , and take away the estates of all royalists , yet if the royalists whom they have thus spoyled , tell them according to gods commandments , that they ought not to be swift to shed blood , nor covet their neighbours goods , these saints presently tell them , that they have not the spirit of godliness in them , but that they are the abusers of gods word , and his children , as if gods spirit gave them authority to act wickedly , and that none but they were the children of god , who had got their wealth by murther , rapine , and sacrilege : o monstrous ! if you call their ill gotten government , tyranny , or usurpation , they number you amongst those filthy dreamers , who speak evil of dignities , and will no● submit to lawfull authority . yet these antipodes could revile their soveraign the king , with multitudes of scurrilous pamplets , cut off his head and banish his royal progeny , taking away their lands , and the estates of thousands more , yet they would make one believe , that they never spoke evil of dignities , nor ever resisted lawfull authority . o pious rebels ! so far are our laws of england from allowing subjects to take up arms against the king , or to condemn & execute him , that it is high treason for any one , or all of his subjects , but to imagine the kings death , which the wisdom and religion of our realm hath from age to age so much hated and abhorred , that an offender therin , by the laws of the land , shall be hanged , and cut down alive , his bowels shall be cut off , and burned in his sight , his head shall be severed from his body , his quarters shall be divided asunder , and disposed at the kings pleasure , and made food for the birds of the air , or the beasts of the field , and his wife and children shall be thrust out of his house , and livings , his seed and blood shall be corrupted , his lands and goods shall be confiscated , and ( as by the statute of h. . . it is ordained of the traytor john cade ) hee shall be called a false traytor for ever . but the traytors against charls the martyr have prevented this punishment ( most due to them ) by the greatnesse of their villanies . yet though they are got out of the reach of justice , and trample our laws and king under their feet , let them remember that god is above earth , and will give them their reward , if not in this world , yet in the world to come . the aforesaid statute of ed. . ( as you may read in pulton de pace regis , & regni , fo . . ) doth confirm it to be high treason , for any person to compasse , or imagine the death of our soveraign lord the king , the queen , &c. by which words , it doth approve what a great regard , and reverend respect , the common law hath alwayes had to the person of the king , which it hath endeavoured religiously , and carefully to preserve , as a thing consecrated by almighty god , and by him ordained , to be the head , health , and wealth of the kingdom , and therefore it hath ingrafted a deep , and settled fear in the hearts of all sorts of subjects , to offer violence , or force unto it , under the pain of high treason : insomuch as if he that ●s non compos mentis , do kill , or attempt to kill the king , it shall be adjudged in him high treason , though if he do commit petit treason , homicide or larceny , it shall not be imputed unto him as felony , for that he knew not what he did , neither had he malice prepensed , not a felonious intent . and this law doth not only restrain all persons from laying violent hands upon the person of the king , but also by prevention , it doth inhibit them so much as to compasse , or imagine , or to devise , or think in their hearts , to cut off , by violent , or untimely death , the life of the king , queen , &c. for the only compassing , or imagination , without bringing it to effect , is high treason , because that compassing , and imagination doth proceed from false and traiterous hearts , and out of cruel , bloudy , and murdering minds . thus you see with what reverence our lawes do adore his sacred majesty our king , detesting nothing more , than the violence , or dammage offered to him : yet forsooth , the rebels affirm , they killed the king by the common law , and why by the common law ? what , because the commons made it ? surely that is all the reason , for there is no law under the heavens , which warranteth subjects to kill their king : but all lawes both humane , and divine command the contrary . many are the publick oaths , ( as you may read in mr. prynne's concordia discors ) protestations , leagues , covenants , which all english subjects , ( especially judges , justices , sheriffs , mayors , ministers , lawyers , graduates , members of the house of commons , and all publick officers whatsoever ) by the lawes , and statutes of the land , have formerly taken , to their lawful hereditary kings , their heirs , and successors , to bind their souls and consciences , to bear constant faith , allegiance , obedience , and dutiful subjection to them , and to defend their persons , crowns , and just royal prerogatives , with their lives , members , and fortunes , against all attempts , conspiracies , and innovations whatsoever . but since , all those sacred oaths have been trayterously violated , and broken by the rebels against charles the martyr . i will only present you with the effect of the oath of allegiance , which every one is to take when he is of the age of twelve years , and this oath was instituted in the time of king calvin's case , fo . . co. lit. fo . . . you shall swear that from this day forward , you shall be true and faithful to our soverain lord king charles , and his heirs , and truth and faith shall bear , of life and member , and terrene honour ; and you shall neither know , nor hear of any ill , or dammage intended unto him , that you shall not defend . so help you almighty god. the substance and effect of this oath ( as it is resolved , and proved in calvin's case ) is due to the king , by the law of nature , and is called ligeantia naturalis , being an incident inseparable to every subject ; for so soon as he is born , he oweth by birth-right ligeance and obedience to his soveraign , and therefore the king is called in his statutes our natural liege lord , and his people , natural liege subjects . but ligeantia legalis , is so called because the municipal laws of this realm have prescribed the order and form of it . none can deny but that obedience is due from the son to the father by the law of nature , yet may the municipal laws of the realm prescribe formality and order to it , not diminishing the substance . so likewise may they to the allegiance due by nature to the king. thus have you seen how the english trayterous rebells , contrary to all the laws of god , the law of nature , the law of nations , the laws of our realm , and against the foundation of christian religion , have by an unheard of example , most wickedly murthered , & as a common thief , and vile vassal of the people , condemned their gracious king , whose name from the very beginning of the world hath ever been esteemed amongst all nations great and holy ; whom the prophets and apostles , nay our saviour himself , and all the primitive christians , both with their lives , death , examples , and doctrine have taught , and commanded us to reverence and pray for , and to be subject to , not violently to resist him though he violently persecute us ; whom god himself in his old and new testament hath declared to be constituted by him , and reign by him , ( not by the people , ) and particularly whom our fore-fathers of this realm of england , have always accounted sacred , and ever found by experience kingly government to be most glorious , and profitable for them , yet these forty or fifty tyrannical rebels , contrary even to common sense , and feeling , upholding themselves by force , and arms , treason , and usurpation , do sit and vote kingship dangerous and burthensom to the good people of this common-wealth , when in the mean time , out merchants turn bankrupts , our tradesmen break , food groweth dear , trade dyeth , thousands of families are ready to starve , millions of men are ruined and undone , the whole realm groaneth under the burthen of excessive taxes , and wars , and rumors of wars , continually plague our kingdom , which hath lost its glory both abroad and at home , and become a meer laughing-stock to all nations , and all this misery ariseth from the tyranny of these rebels , who unjustly banish our lawfull haereditary king charls the second , and take possession of his three kingdoms , making themselves absolute tyrannical kings over us , and so i believe they intend to make their heirs : for ( being accustomed to lye ) they declare in their declarations , that the people shall be governed by their representatives in parliament , yet ( their actions contradicting their words , ) they will not suffer the people to chuse their representatives , or come into the house , but they tell us , that they will chuse men of fit qualities . so one thief chuseth another , similis simili gaudet , we may be sure never to have an honest man amongst them , if they have the chusing . so that we may conclude , that unlesse we arise , and destroy these self-seeki●g self-created tyrants , and restore our gracious king to his crown , both we , and our heirs , shall be slaves to the worlds end ; for no legal government can be established without the king. i have sufficiently proved , that it is unlawfull for subjects to rebel against evil kings : how much more then is it unlawfull to rebel against a pious , and mercifull soveraign , which addeth to the bulk of the sins of our english rebels ? for the whole world knoweth , that charls the martyr ( whom they so trayterously murthered , ) was the best of kings , and meekest of men : he was charls le bon , & charls le grand , good in his greatnesse , and great in his goodnesse . some have said , that a good king cannot be a good christian , but it is proved manifestly false in him , for to the admiration of the whole earth , he was the best of christians , and no less to be admired as a good king : so that his misfortune in his government did not proceed from his deficiency in the art of governing , but from the excesse of the rebels sins , who transcended all traytors since the creation of the world , in sin , and treachery , as far as hell is distant from the earth . wherefore we may most truly say , that he was murthered , only because he was good : for every kingdom divided against it self , is brought to desolation , if satan also be divided against himself , how shall his kingdom stand ? therfore if the king had been evil , these evil traytors would never have cast him out , but seeing he was a pious and religious king , ( and so an evil member to their evil common-wealth , ) they all united their hearts and hands to cut him off , and lay to his charge all the treasons , murthers , rapines , burnings , spoils , desolations , damage and mischief to this nation , which they themselves committed . so thieves and murtherers may spoil , burn , and make desolate all places , and massacre , and kill many noble , and trusty servants , to the end they might take their master and kill him , and then having taken him , lay all to his charge , and execute him as the only author of all those villanies which they themselves acted and occasioned . o heavens ! could the almighty suffer this ? why not ? the lord made all things for himself , yea even the wicked for the day of evil . pro. . . as for our rising sun charls the second , though hitherto obscured by the foggy mists of treason , and rebellion , in his own kingdoms ; yet do the rayes of his sacred majesty shine throughout the world beside , and his renown ecchoeth in every part of the earth , to the admiration of forein kingdoms , and to the envy & hatred of the rebels in his own . yet cannot their malice but marvel at the virtues , and patience of their king , whom they so much wrong : and it grieves them to see that royal progeny ( whose ruine they so greedily hunt after ) flourish with such glorious splendour amongst the kings , and princes of the earth , growing in favour both with god and man ; whilst they ( odious to all but themselves ) by their tyranny and rebellion , incurr the displeasure both of heaven and earth , and become a ridiculous rump , the object of the scorn and derision , both of old and young , rich and poor . and had not these infatuated rebels , brasen faces to deny what their own conscience telleth them is true , they would presently declare , that the only way to settle our distractions , and restore our nation to its pristin happinesse , and glory , were to call in the king , and re-establish him in his own , which they unjustly pocket from him : for so long as there is one of the race of the stewarts ( which god long preserve ) and any forein king , or people , remain alive , we must never look for peace , or plenty , but ( as publick thieves ) alwayes live in a posture of warr , and ever expect forein nations to come in , and swallow us up , who account it ( as indeed it is ) the greatest piece of justice under the sun , to revenge ( with our bloods , and utter destruction ) the bloody murther of charls the first , and the unnatural banishment of charls the second , our only lawful soveraign . therefore let all english spirits ( who have not washed their hands in the innocent blood of charls the martyr ) joyn their prayers to god , and their forces to one another , and lance this ulcer , and cut off this proud flesh , whose growth destroyeth our king , laws , and religion . behold the duke of york wi●l be your leader , whose very name striketh terror to the greatest men of warr , and our rebels tremble to think of his martial atchievements ; it is he who will be our champion , to hunt out these treacherous foxes , who rebel against his king and brother ; and then make our nation dreadful to the pope , and other forein invaders . therefore let us not dream like goats , whilst we have this lyon to be our captain , but follow him , and destroy these wolves , who make us their continual prey , keeping us in slavery , under a false pretence of liberty ; and let us obey our king , and father , charls the second , who will blesse us with the blessings of jacob , and weed out of our church , and state , those jesuits , and popish blasphemors , who now under the colour of a free state , are working , and contriving , the ruine both of our laws and religion . and then we shall prosper into a kingdom , ezekiel . . and once more be a glorious people , under so glorious a king : which god almighty speedily grant , for the glory of his holy name , and for the welfare and happinesse of all christian people . every one knoweth that in . after the long tempest of a horrid vvarr and rebellion , raised by the refractory and treacherous house of commons , under a pretence of removing evil counsellours from the king , ( but in truth only to promote their own private interests , and factious designs ) the currish army , who had for a long time hunted the distressed king , and his royal party , pretending to be set on only by their master rebels the commons , but it seems they had a game to play of their own , which on the sixth of december . they begun to shew ; and therefore when the trayterous commons had obtained what they could ask , or desire , of their soveraign , then their prisoner at the isle of wight , being such concessions , which never any king before him granted , nor subjects ever demanded , so that shame compelled them to vote them satisfactory , then the bloody souldiers thinking themselves lost , if the king and parliament should find a peace , went up to the house of commons , and by force kept out and imprisoned those who voted the kings concessions satisfactory , which the militant saints pleased to call purging of the house , ( so that body is purged which hath poyson left in it , and nutriment taken out of it by the purge ) yet this purge would not do , the lords must be turned out too , and only . or fifty packt members of the house of commons , who had sworn to be as very ( if not worse ) knaves than the wicked souldiers would have them to be , were only left in the house , who presently took upon them , what power their own lusts could desire , or the over-ruling sword help them to , murthered the king , and the chiefest of the royal party , and yet to colour their tyranny , ca●led themselves a parliament ; by which name blowing up , king , lords spiritual , and temporal , and all our lawes , and religion with them , they still domineer , and rule over us , yet not so , but that the army rule them , ( as the wind doth a weather-cock ) turning them which way , and how they please , sometimes up , and sometimes down , and no doubt but that shortly they will be cast down for altogether , for the wicked shall not last , but vanish as a shadow . blessed art thou o lord , when thy king is the son of nobles : eccles . . . but alas , servants have ruled over us , and there is none that doth deliver us out of their hands . lamen . . . the crown is fallen from our head : wo unto us that we have sinned . verse . for now they shall say , we have no king , because we feared not the lord ; what then should a king do unto us ? hosea . . englands confusion , or a true relation of the topsy turvy governments in mutable england , since the reign of charls the martyr . the tyranny of the rump further manifested . and that we shall never have any setled state , untill charls the second ( whose right it is ) injoy the crown . though frantick fortune in a merriment , hath set the heels above the head , and gave the scepter unto the shrubs , who being proud of their new got honour , have jarred one against the other , during the interregnum : yet charls the second shall put a period to this tragedy , and settle our vexed government , which hath changed oftner in twelve years , than all the governments in the whole world besides . oh the heavy judgment when subjects take upon them to correct their king ! as a distracted ship ( whose pilate the rage●ng violence of a tempestuous storm hath cast down headlong from the stern ) staggereth too and fro amongst the unquiet waves of the rough ocean , somtimes clashing against the proud surly rocks , and somtimes reeling up and down the smoother waters , now threatening present shipwrack , and destruction , by ●nd by promising ● seeming safety , and secure arrival , yet never setled fast , nor absolutely tending to the quiet and desired haven : so the vexed government of frantick england , ever since the furious madnesse of a few turbulent spirits beheaded our king and kingdom , threw down charls the martyr ( our only lawfull governour ) from the stern of government , and took it into their unskilfull and unlawfull hands , it hath been tossed up and down , somtimes falling amongst the lawless souldiers , as a lamb amongst wolves , or as a glass upon stones , ) and somtimes happening amongst tyrants , calling themselves a parliament , who are so much worse than the souldiers , by how much wickednesse covered with a colour of justice is worse , and more dangerous than naked villanies . yet in all our revolutions ( although many gaps have been laid open that way , ) hath not the government steered its course directly to charls the second , it s only proper right , and quiet haven ; to which until it come , we must never expect to have the ship of our common-wealth so secure , but that tempests and storms will still molest and trouble ( if not totally ruine ) it . though it stand so fast one day , that it seemeth impossible for humane strength to remove it , yet the next day it moultereth away to nothing . i vouch every mans experience to warrant this truth ; and were not our blind sodomites intoxicated with senselesse , as well as lawlesse counsels , they would never gape after preferment , nor hope for continuance in their imaginary commonwealth , where the greatest one hour is made least the next , and they themselves swallow up each the other , never having rest or peace , no not in their own house . and can this divided monster ( which is the cause of all our divisions ) cloze up our divisions , and settle our nation in peace and happinesse ? 't is madnesse to think it . so fire may quench fire , and the devil who was the first author of wickedness , put an end to all wickedness . examine the condition of the times , since the reign of charls the first , and you may see what times we shall have , until the reign of charls the second . tyranny and usurpation , beggery and slavery , warrs and murthers , subversion of our laws , and religions , changing the riders , but we must alwayes be the asses , hunger and famine , guns and swords , drums and trumpets , robberies and thieveries , fornication and adultery , brick without straw , taxes although no bread , these must be the voices which will alwayes sound in our ears , untill we cast off this old man of sin , viz. the long called parliament , and submit ( as we ought ) to charls the second our only lawfull king. vve may read of many kings who have been suddainly killed , by the rash violence of an indiscreet multitude , who in the heat of blood , do that which they repent of all their life after , ( mad fury being the only cause of their unjust actings ; ) but to commit sin with reason and piety , to kill their king with discretion , formally and solemnly , is such a premeditated murther , that the sun never saw , until these sons of perdition brought it to light ; for a long time before the fact , they machinated , and plotted , the kings death , and contrived how they might with the best colour and shew of justice effect it ; at length ( as if their votes were more authentique than all srcipture ) they passed ( amongst others ) this vote , die jovis , jan. . . viz. that the people , under god , were the original of all just power ; this was the foundation upon which the superstructure of all their murthers and villanies ( which they call just judgments ) were built ; which granted , it consequently followeth , that all the power which they then and now exercise over these three kingdoms , is unjust and tyrannical , because not derived from the people . there are no representatives amongst them for scotland nor ireland , nor the greatest part of england , neither did they ever receive any power at all from the people of either england , scotland , or ireland , and now all the people publiquely declare against them as the greatest usurpers and tyrants in the world ; yet contrary to all the peoples wills , they sit , and rule , and will admit of no member of the peoples chusing to come amongst them , unless they first qualifie and fit him for their own purpose ; therefore it plainly appeareth , that this vote , that the people had the supreme power under god , was but a meer juggle to gull the people , and to bring their wicked designs to passe . so that as a whip for the horse , or a bridle for the asse , have the people made ( of this quondam parliament , ) a rod for their fools-backs , pro. . . the king being murthered by these tyrants , and all our laws and religion totally subverted , ( a time wherin every one did what was right in his own eys , ) oliver cromwel ( who for his excellency in wickedness and villanies was made general of the long called parliaments unjust forces , ) the twentieth of april . entred the house , attended with some of the chief commanders of his army , and delivering his reasons to them in a speech , why he came to put a period to their siting , as judging it a thing much conducing to the publick wellfare of the nation , dissolved them . and why might not he turn out them by force , who by force had already turned out the king , lords , and all the commons , besides themselves ? surely if he had taken and hanged them all , it would have been a glorious act , pleasing to god , and the whole people , and a cordial to heal the miseries of our long-distressed nation . but his ambition was to make himself great , not to give relief and take away the tyranny , therfore he summoned a certain select number of his own creatures to appear at westminster on the fourth of july next , which he called a parliament , and none could deny but that they had the soveraign power , because cromwel said so , yet not so but that he made them resign up their power to him , and make him ( the lord protect us ) lord protector , not a king , because a king might do nothing but by law , but the protector did nothing but according to his will and pleasure ; yet in this were we happy , that in his reign , one tyrant lorded it over us , but in the long parliaments , many . it is worth the observation , that notwithstanding a parliament had newly abrogated the very name and being of a king , as dangerous and burthensom to the common-wealth , yet a parliament ( summoned by cromwel in july . to meet on the of september , ) petitioned and made many humble addresses to cromwel that he would take kingship upon him , and be anointed king , which old nolls mouth watered at , yet because some things did not fall out according to his expectation , he declined it , and refused to be what he eagerly ( though not openly ) persued . cromwel likewise created a house of lords , which was called the other house : but the high aspiring thoughts of this turbulent scorpion , were at length blown down , and extinguished by a high and mighty , wondrous and unparalleld wind , which out raunted old nol , and whirried his black soul down ad inferos . so that after this storm , we had a calm ; and as the sheep are at quiet ease , when the bloody woolf forsakes them , so the people did rejoice and solace their hearts , when this tyrant made his exit ; yet no sooner were we rid of this crafty knave , the father , but we were troubled with a simple fool , his son. richard his eldest son was proclamed ( by the new courtiers , and army-officers ) lord protector of england , scotland , and ireland , and so tumble down dick thought to have risen , and reigned in his fathers room ; but a fools bolt is soon shot , richard was quickly up , & quickly down : no sooner had he called a parliament , but the souldiers ( who feared that his parliament should be honest , and disband them , as the only instruments to execute all villanies ) went to the mushroom protector , and by dnresse , made him dissolve the parliament , and divest himself of all his power and authority . and in this respect , it is better to be a knave , than a fool ; for crafty noll kept the rude souldiers in due obedience ; but simple dick let them be his masters , whereas he might easily have made them , and the whole people , have been his servants to this day . when richard was dismounted , the souldiers could not well tell where to hang the government , to secure them in their rebellion , and roguery : at last they pitcht upon the old rotten rump ( viz. the fagg ▪ end of a worn-out , perjured parliament ) who had formerly dissolved themselves , ( witnesse the entry in their own journal book , april . . ) although they pretend to be interrupted by cromwells force ; so these knaves ( the worst of tyrants ) cemented together again , like a snakes tail , and for colour called themselves , the revivers of the good old cause , and were as busie , as if they had had another king , and . kingdoms to destroy . so these infamous wicked traytors returned to their wickedness , as a dog to his vomit , to the great grief and grievance of all sorts of people in the land , who groaned and murm●red , as if they were entering into a far worse than egyptian bondage and slavery under these task-masters . to say that the people ( not they ) had the soveraign power , was now high treason , although they themselves had voted so formerly , and to talk of a free parliament , the antient birthright of the people ( as they themselves likewise formerly affirmed ) was now made a greater offence than crimen lae sae majestatis . these custodes filled all the prisons in the kingdom , with those persons who desited a free parliament , and in that respect , they may be called the keepers of our liberty , as gaolers do thieves in chains , or as the cage doth birds in grates ; for they keep us so much from our free liberty , to do well , that they will not so much as give us leave to speak , or think well . but there is no peace with the wicked . when these tyrants had beaten down sir george booth , and other assertors of a free parliament , and made themselves as secure , as force and violence could make them , one lambert ( a chip of the old block ) newly made general of their forces , displaced the rump , and with his souldiers inhibited their usuped sitting ; which made the whole people not only rejoyce inwardly , but break out in open laughter for joy : but nullum commodum sine incommodo , there is no pleasure without a displeasure : no sooner did the rump leave riding of us , but up gets the committee of safety into the saddle , who made account that they were so absolutely our masters , as if we had all sworn allegiance to them . they rid furiously , but in a short time ( the breech being too heavy , for this new head ) they moltered away to nothing . though the rump had for a time hung down its tail betwixt its leggs , yet at length it begun to wagg it , and whilst the safety of the committee of safety was marched into the north under its father lamberts conduct , the currish rump stole into the house again by night , seven times a devil worse than before ; where now they ride triumphant , and without the peoples consent , or liking , make what laws they list , and assesse what taxes they please , send their mercenary souldiers ( who would fight for the devil , if he would give them mony ) into the city in the night time , and take the citizens mony away from them , pretending that the citizens provide it for charls stuart , but when the citizens prove the contrary , then they tell them they will secure it for them . so burglars and thieves take away mens purses from them , and then tell them they will secure them for them . these are the keepers of our liberty : these are they who stood so much for the privileges of parliament , and for the peoples free election of their representatives . now they account it a great breach of privilege of parliament , to petition to them for a free parliament , and imprison them that are for it . so robbers may account it dishonesty for those who are robbed , to ask for their own , and imprison them as disturbers of the commonwealth . although these tyrants have built themselves great houses , and filled their baggs and coffers with the estates of their masters , whom they murthered , and with the unparallel'd impositions which they have laid upon the people , yet do they still resolve to rob the spittle ; and have newly made an act for the assessement of six hundred thousand pounds . oh that the english should provide monies , to maintain their devourers ! though we have not bread to suffice our own hunger , yet must we find dainties , and moneys to fulfill their lusts ; though they take away our straw , yet we must still provide a greater tale of bricks : so that of all the tyrants in the world , which history , or men acquaint us with , these are the greatest . there was justice in phalaris his bull , but these men have only the colour of justice . other tyrants were but shadowes , these are the quintessence of all tyranny and perdition . i will not plunge my self into such a bottomlesse labyrinth , as to attempt to particularize all their villanies ; non opus est nostrum , i am not able ; nay the quickest pen of a ready writer , would come farre short of so great a task . the histories of after ages will resound with these turpia dictu , the people of our age have only time to feel , and indure the miseries of this tyranny , subsequent generations will have leisure to tell the story , et haec olim meminisse juvabit . methinks i already hear the post-nati , those who will be born thousands of years hence , relating one to the other , the marvellous tyranny which happened to our nation , after the reign of charles the martyr , and in what manner the king was murthered , and how charles the second was afterwards driven into an un-christian exile , and likewise rehearsing what persons they were which acted all these villanies ; & so end with a te deum laudamus , blessing god for the tranquillity peace and plenty ; which they enjoy under their gracious soveraign lord the king. the persian law commanded , that at the death of their kings , there should be a suspension of the lawes , a lawlesse liberty for the space of five dayes , that the subjects might know the necessity of government , and learn to prize it better , by being bereft of the benefit of it for a time . sure i am , a lawlesse liberty hath reigned amongst us ever since the murther of charles the first : therefore i hope , our present torments for want of a king , will sufficiently prohibit all future ages , to think of offering violence to their kings : and teach them to know , that a bad king , ( much mor● a good king , as was charles the martyr ) is an unvaluable blessing , if compared to the government of that many headed monster , the people , or their representatives in parliament . the peoples eyes were all fixed upon general monk , as their moses , to deliver them from this iron yoke of egyptian bondage ; but , omne malum nobis , ex aquilone venit . from the cold north , comes all ill forth . monk prov'd worse than pharaoh himself , and instead of relieving of our distressed jerusalem , ( which he might have done in the twinkling of an eye , without one drop of bloudshed , and thereby have gotten eternal renown and glory , as well amongst all nations , as in his own native country ) he heaped misery to misery , and executed such a grand piece of tyranny , that none in the world ( unlesse those harpies , his master rebels at westminster ) could invent . on thursday the ninth day of february , . in perpetuam rei memori●m , he drew up all his souldiers into the city , with their matches lighted , in a warlike posture , doubled his guards , and tore down all the gates , ●nd posts of the city ; neither did his intoxicated malice stay upon the gates , but leapt upon the aldermen , and other citizens , whom he present●y cast into prison , so that now he is become odious , and stinks in the nostrils of all the citizens and people : and whereas he was the common hopes of all men , he is now the common hatred of all men , as a traytor more detestable than oliver himself ; who , though he manacled the citizens hands , yet never took away the doores of their city , whereby all manner of beasts , ( as well the wolves at westminster , as other out-lying foxes , and birds of prey ) may come in , and destroy them when they please . so that now iniquity followeth iniquity , and the wicked joyn hand in hand , and oath to oath , to persevere in their rebellion . and although no sacred oaths , protestations , vowes or covenants , could keep them in lawful subjection to the king , they now think with unlawful oaths , to tye one the other fast to their usurped tyranny . so that the kings righteous cause , is now in a seemingly worse condition than before ; and he may complain with holy king david , that the rebels have cast their heads together with one consent , and are confederate against him . but why art thou cast down , o my soul , or why art thou disquieted within me ? cannot god who permitteth these rebels to reign , as easily cast them down ? knowest thou not this of old , since man was placed upon earth , that the triumphing of the wicked is short , and the joy of the hypocrite but for a moment ? though his excellency mount up to the heavens , and his head reach unto the clouds , yet he shall perish for ever , like his own dung : they which have seen him shall say , where is he ? he shall flee away as a dream , and shall not be found : yea he shall be chased away , as a vision of the night : the eye also which saw him , shall see him no more , neither shall his place any more behold him , because he hath oppressed , and hath forsaken the poor , because he hath violently taken away an house which he builded not . job . . englands redemption . or the peoples rejoicing , for their great deliverance from the tyranny of the long called parliament , and their growing hopes for the restauration of charls the second , whose absence hath been the cause of all our miseries , whose presence will be the cause of all our happinesse . the prosperity of rebels , and traytors is but momentary . as monarchy is the best of all governments , so the monarchy of england is the best of all monarchies : therfore god save king charls the second , and grant that the proud presbyterians do not strive to make themselves kings over him , as they did over his father , by straining from him antimonarchical concessions , and by covenanting to extirpate his bishops &c. that they might set up themselves , which was the primary cause of our late unnatural and inhumane wars . mr. prynne commended , episcopacy is the best form of church government . the votes of the clergy in parliament . the arrogance of the presbyterian faction , who stand upon their terms with princes , and make kings bend unto them as unto the pope . oh the inscrutable judgments of god! oh the wonderful mercy of the almighty ! oh ●he justice of our jehovah ! no sooner had i written these last words of the momentary prosperity of the wicked , out immediately the same hour , news was brought me , that general monck and the city were agreeed , and resolved to declare for a free parliament , and decline the rump , obstupui , stetteruntque comae , & vox faucibus haesit , i was strucken with amazement , joy made me tremble , and the goodnesse of the news would scarce permit me to believe it ; when i considered the crying sins of our nation , ( which deserved showers of vengeance , not such sprinklings of mercy , ) then all such conceipts seemed to me as vain , and empty delusions ; but when i considered the infinite mercy of the almighty , then why might not god spare our nineveh , and send joyfull tydings into our discorsolate city ? surely his mercies are greater than our great sins . therefore to resolve this doubt , i went up into the city , where instead of tears ( as formerly ) i had like to have been drowned with the streams of joy , and rejoycing ; the bell rung merrily , the streets were paved with mirth and every house resounded with joyful acclamations . i had do need then to ask whether the new● ( i heard in my chamber ) were true or no , both men , women , and children , old and young , rich and poor , all sung forth the destruction o● the long called parliament , the whole city was as it were on fire with bonfires for joy ; and now those who formerly threatned the firing of the city , were burnt at every door , for all the people cryed out , let us burn the rump , let us roast the rump : a suddain change ! history cannot tell us of its parallel . no lesse than thirty eight bonfires , were made between pleet-conduit , and temple-barre . to be short , there was scarce so much as one alley in the whole city , wherein there were not many bonfires ; so that , so great and general joyfulnesse , never entred into the walls of the city , since it was built , neither will again , untill charls the second be restored to his crown . the hopes whereof only caused the fervency of those joyes . the pulpits on the morrow ( being sunday ) and all the churches ecchoed forth praises and thanks to god , and private devotion was not wanting ; neither was this joy confined only within the walls of the city , but being a publique mischief was removed , a publique rejoycing overspread the whole kingdom , and all the people with one heart and voyce , shouted , clapped hands , and poured out joyful thanks for this great deliverance ; so the wearyed hare is delighted , and cheereth her self , when she hath shook off the bloody hounds , and so a flock of sheep are at rest , and ease , when the ravenous wolves have newly left them . oh therefore let our distracted england be a warnin-gpiece to all nations , that they never attempt to try and judge their king , for what cause soever ; and let all traytors and tyrants in the world learn by the example of our english rebels , that their prosperity and dominion ( though it seemeth never so perpetual ) is but momentary , and as the wind which no man seeth ; for who so much applauded , and look'd upon , as the long parliament , when they first took upon then to correct and question the king ? and who now so ridiculous , and scorned ? they were them admired by the people as the patrons , vindicators , redeemers , and keepers of their liberty ; nay i may most truly say , that the people did worship and adore them , more than they did god : but now ( although they were as wicked then , and did as much destroy our laws and liberties , as they do now ) they are become a by-word , the scorn and derision , both of men , women , and children , and hooted at by every one , as the greatest , and most shameful laughing-stock in the world. who then can think upon our late most graciour king charls the martyr , without tears in his eyes , and contrition in his heart ? who can remember his patient suffrings without amazement and mourning ? who can look upon his prophetical , and incomparable book , without admiration , and weeping rejoycings ? especially upon that text in the chapter of his book , viz. vulgar complyance with any illegal and extravagant wayes , like violent motions in nature , soon grows weary of it self , and ends in a refractory sullennesse : peoples rebounds , are oft in their faces , who first put them upon those violent strokes . this needs no commentary , for every one knoweth with what zeal the rabel of the people did at first stick to the trayterous house of commons in their grand rebellion , and how they are now weary of them , and with refractory sullennesse rise up against them , and are ready to fly in their faces , who first taught them to rebel , and fight against their king. nay the apprentices of london , whom formerly these rebels made instrumental , to carry on their wicked designs against the king , are now most vehement against them ; for why ? a noysome house is most obnoxious to the nearest neigbours , and the stinking house of commons , that sentina malorum , doth most annoy this neighbouring city . it is the nature of foxes to prey furthest from their holes : but these unnatural foxes , in sheeps clothing , make all their prey , both at home and abroad . all is fish which comes to their net . and that these rebels may still have freedom to persevere in their villanies , they cry up a free-state , as the best of all governments , yet ( mark the nature of the beast , ) a free-state ( say they ) is most beneficial for the people , yet not so free , but that they may , and will qualifie , and engage the persons chosen by the people , according to their free will and pleasure . so that the peoples representatives must represent these traytors , in all their wickednesse ; otherwise they shall be no free-statesmen : for they account that government most for the liberty of the people , wherein themselves may have liberty still to continue in their treason & rebellion : and that they call slavery , and oppression of the people , which would suppresse their wicked and infandous tyranny . all the reason which they can give against monarchy , is , because ( say they ) many of the people would lose their interests in their new purchased estates ; and we should be turned out of our possessions , and perhaps lose our lives too . ( a good argument indeed , if maintained by the logick of the sword . ) so thieves and murtherers may argue against the sessions , because then perhaps they should lose their stollen goods , and be hanged for their murthers and robberies . o abominable , that english men should degenerate into such impious impudence ! for this is the truth of their case , might they but still have the kings , and bishops lands , which they have gotten by their horrible treason and rebellion , and be sure to live secure from the punishment which the law of the land would inflict upon them , they would easily confesse ( if the devil have not made them contradictors of all manner of truth ) that monarchy is the best of all governments , especially for the english nation ; where ( as one may say ) it grew by nature , until these destroyers of the lawes of god , nature , and the realm , rooted it up ; and endeavoured to plant their fancied commonwealth in its room : which will grow there , when plums grow in the sky , or when rocks grow in the air , not before ; as you may see by the small root it hath taken , ever since the reign of charles the martyr . dig and delve they may , yet they will never set it in so fast , but that ( if the right heir do not , which god grant he soon may ) the wind and ambition of some one of their own sect and faction , will quickly blow it down : as did oliver the wicked , &c. as monarchy is the best sort of all govetnments , so the monarchy of england , is the best of all monarchies ; and hath in it , the perfection , and all that is good , either in aristocracy , democracy , or free-state . for every one knoweth , that charles the martyr , though a king , yet alwayes made himself a subject to his lawes ; accounting his prerogative safer , being locked up in the custody of the law , than in the absolutenesse of his own will. and what lawes of any nation in the world , did ever maintain the liberty and freedome of the people , more than the kings lawes of england ? i may most truly answer , none more , nor so much : for what greater freedome can the people wish for , than not to have any lawes imposed on them , than what they please and desire ? the kings of england never make any law , but what the people consent to ; the lords and commons have a negative voice , as well as the king. although the inferiour members receive all their authority from the head , yet cannot the head act without their consent and privity ; so neither ●oth the king impose any lawes on his subjects , without their concurrence and approbation . the house of lords resembleth aristocracy , and the house of commons democracy or a free state , yet the king ( like the sun which doth not diminish its own light by giving light to others ) continueth stil a royal monarch and without any solecism in state , i may truly say , that the house of lords did excel aristocracy , and the house of commons democracy , in preserving the peoples rights and wel-fare , because the necessity of their joyning votes each with the other , and both of them with the king , in making of a law , did inhibit either of them from having an unlimited arbitrary power , which either of them without the other would have , and so enslave the people , as the house of commons now do , according to their lusts , having destroyed their master the king , and the house of lords their moderators . whilest the king , lords , and commons , like the three graces joined hand in hand , in passing votes approved by this triple touchstone , then were our laws like gold seven times refined , which made our nation most glorious abroad , and to overflow with peace and plenty at home ; we were then feared , not derided , by all forein kings and princes ; religion , not faction then reigned in our hearts , and our industry was then to preserve , not to destroy gods sanctuary . but now since the hand hath said to the eye , i have no need of thee , and the feet to the head i have no need of you , the whole body of our kingdom hath groaned , and every member therof as with a consumption is wasted and grieved . the crown is fallen from our head , and we are become a reproach , and hissing amongst all nations . oh therfore ( to redeem our credit , and long lost happiness ) let us all unanimously agree to be loyal subjects to charls our king , and let all his loyal subjects pray for , and earnestly desire , his safe arrival into our england , that we may once more eat the manna of our old laws and religion , with the sweetnesse wherof we surfeited , in the reign of charls the martyr . then shall we beat our swords into plow-shares , and our spears into pruning hookes , faction shall not rise up against faction , neither shall we learn war any more , for if we be willing and obedient we shall eat the good of the land , isa . . hor. concines laetosque dies , & urbis publicum ludum , super impetrato fortis augusti reditu , forumque litibus orbum tum meae ( si quid loquor audiendum ) vocis accedet bona pars , & o sol pulcher , o laudande , canam , recepto cáesare falix . tuque dum procedis , io triumphe , non semel dicemus , io triumphe , civitas omnis dabimusque divis thura ben●s then shall we sing the publick plays , for his return , and holy days , for our prayers heard , and law 's restor'd , from rebels sword. then i ( if i may then be heard ) happy in my regained lord , will joyn ' i th' close , and o! ( i le say ) o sun-shine day ! the city leading , wee 'l all sing , io triumph ! and agin , io triumph ! at each turning , incense burning . thus when we have received our gracious soveraign , from his long unnatural banishment , what then can the lord do more for us , that he hath not done ? wherefore when he looketh that we should bring forth good grapes , let us take heed that we do not bring forth wild grapes , let us fear god and honour the king , and meddle not with them that are given to change , as god hath commanded us , for if we refuse and rebel , we shall be devoured with the sword , for the mouth of the lord hath spoken it , and so our last rebellion will be worse for us then the first . general monk hath amply repaired his honour which he lost by pulling down the city gates and perculisses , and in stead of proving a keeper to the trayterous keepers , he hath approved himself a glorious d●●ender of our liberties , for which trophies of honour shall be erected to his eternal renown ; neither will our king spare heaping of rewards , upon his so memorable merits , at his return to his own house , which the general hath swept for him , and turned out them who made it aden of thieves . on tuesday the . day of february , . ( a day which deserveth more solemnization , than gunpowder treason day ; for then we were delivered from those who only intended to destroy king and parliament , but now we are delivered from those , who actually did destroy both king and parliament , and so consequently the whole kingdome ) general monk ( our famous patron ) conducted the secluded members to the house of commons , where ( according to their former agreement with the general ) they voted themselves in a short time to be dissolved , and a free parliament to be elected . now i hope no man will presume to conceive the general so insipid , as to think there can be a free parliament , without the king , and house of lords . no , it is ridiculous to think so ; for a free parliament without the king , would be but like salt which hath lost his favour , thenceforth good for nothing , but to be cast out , and to be troden under foot of men . mat. . . it would be but a rump fatned , and grow bigger . for we are all sick of the kings evil , therefore nothing but the touch of his sacred majesties hands can cure us . and i may with confidence , and truth affirm , that every one of that infinite number of people , which so much rejoyced at the destruction of the rump , and at the voice of a free parliament , would mourn , and cry at their sitting , if they do not bring with them the good tidings of restoring their king , the hopes whereof only made them rejoyce . and indeed , they would have more cause to bewail a free parliaments sitting , without the king , than the sitting of the rump ; for this we may be sure of , that the king will come in either by fair means , or by soul ; if by soul , that is by war ; then the war will be greater with a free parliament , ( and so consequently more grievous to the people ) than with the rump ; because a free parliament will have greater force , and power to levy a war , than the rump , and so the combustible matter being more , the flame will be the higher . but it is atheism , to think that a free parliament will withstand the king : therefore i will not taint my paper with such detestable words . i let fall a blot of ink , upon mr. prynne's soverain power of parliaments and kingdomes , a book which i am sure deserves a greater blurre . but mr. prynne hath since repaired his credit , and got the applause of the people , by writing for the king , and against the rump , and other sectaries . therefore to give him his deserts , there is no man in the nation , hath so much merited as himself , in pulling down the many tyrannies over us , since the murther of charles the martyr . he hath been our champion , whose pen hath fought against the scriblings , and actings of the traytors and rebels ; for which i shall ever love and honour him , and without doubt , our gracious king will sufficiently reward him , if he continueth constant in his loyalty ; which god grant he may . and although the presbyterian held the head of charles the martyr to the block , by his hair , whilst the independent cut it off ; yet now i hope the many evils which we have sustained by that royal fall , ( for which he shewed the first play ) will teach the rigid presbyter moderation ; and make him confesse ( notwithstanding his violent covenant against that apostolical constitution of bishops , ) that episcopacy is the best form of church government , and the only way to extirpate and keep down those infinite number of s y'sects and factions , which have taken root , and budded , since episcopacy was rooted up and blasted . no bishop , no king , was the symbole of our solomon , king james , who i think was as wise , and as much a christian , as any of our lay-elders ; therefore in vain do the presbytery think of enjoying monarchy , unlesse they first resolve to lay aside all their schismatical tenets , and stick to episcopacy : for ( as the same king sayes ) a scottish presbitery , and monarchy , agree as god and the devil . our soveraign charls the martyr in his sacred writings , hath so clearly approved , and vindicated episcopacy from the false aspersions of the presbiterian faction , and also laid open the absurdities of presbitery so fully , that it would be arrogance in me to say any thing after him , and not only ignorance , but impudence , in any man to look upon his writings , and still remain a presbiterian . therefore o heavenly father asswage the pride , and open the eyes of these rigid zelots , that in seeing , they may see , and in hearing , they may hear , and understand ; and not professe themselves wiser than our saviour , that great bishop , and his apostles which were bishops , and appointed successive bishops , as you may read in the epistles of st ▪ paul to timothy and titus &c. and the government of bishops hath been the universal and constant practice of the church , so that ( as charls the martyr writeth ) ever since the first age , for years not one example can be produced of any setled church , wherein were many ministers and congregations , which had not some bishop above them , under whose jurisdiction and government they were . therefore let not the aspiring , currish presbiterian ( who would pull down a bishop in every diocesse , but set up a pope in every parish ) no longer spet venom against the reverend bishops ; and truly i think their grounds are so slender against episcopacy , that if the king would but make them bishops , they would then be as violent for episcopacy , as they are now against it : therefore rest content presbiter , for though not thy deserts , yet state policy , may in time make thee a bishop . the antipodes indeed , viz. the long called parliament , who acted all things contrary to all law and religion , voted that bishops should never more vote as peers in parliament ; but why ? was it not because the religious bishops should not withstand their irreligious and blasphemous proceedings , in murthering the king , destroying the church , and all our laws and religion with them ? surely no man can deny but that was the only reason . que enim est respublica ubi ecclesiastici primum non habeant locum in comitiis , & publicis de salute reipub : deliberationibus ? for which is that commonwealth , where the ecclesiastical persons had not the first place in all meetings , and publique consultations , about the welfare of the commonwealth ? surely none but the utopian commonwealth of these rebels ; for it is the practice of all nations , nay the rebels themselves , who voted it unlawful for bishops , and other grave prelates of the church , to meddle the least in civil affairs , could approve it in their new inspired prophets , whom they admitted to have the chiefest voyce in their meetings , and consultations , concerning warr or peace . pope john in his chair , never thought himself so bigg , as a cymical presbiter amongst his lay-elders , or as an independant in a committee of tryers , &c. neither did pope joan in her state , ever think so well of her self , as a sanctified presbiterians wife , drest up in her best attire . the lords prayer , and the common prayer , is held prophane by these saints because christ ( not they ) taught and commanded us when we pray , to pray thus , &c. and because the common prayer is for the most part texts of scripture , which learneth us to pray for kings and bishops , more than for their presbiterian faction ; the reverend bishops forsooth must have no voice in parliament , that taylers , tinkers , and coblers , might have a full cry in every pulpit ; the clergy must not meddle with civil affairs , but every tradesman , nay those who were scarce their crafts-master in their own trade , might handle spiritual matters as the best proficients ; but from such sacrilege , and blasphemy , good lord deliver us . let us therefore pray for the rising of the son in our lebanon , whose glorious rayes of his sacred majesty , will soon dispell these foggy vapours of misty factions . it was the presbyterians who first clouded ? our sun already set , and it is now in their power to drive away this long night of our afflictions , and usher in the ●oyes of our hearts , in the youthfull morning of the royal progeny , which god of heaven sanctifie them to doe , as i make no doubt but he will , for vox populi , vox dei , and the whole people cry to have it so . the presbyterians fought so ●ong for king & parliament , that they destroyed both , and by their solemn league and covenant to extirpate episcopacy , have fomented popery , and brought in sects , heresies , and schismes , which are ten times worse . therefore let the cryes of thy people come unto thee o god , and restore our gracious king charls the second to his haereditary crown : whose youth thou hast seasoned with the afflictions of king david , and clowded the morning of his , and our happinesse , with the misery of an unchristian exile , which hath made him the fitter for his throne , and thy mercy . restore our antient liturgy , and our lords spiritual and temporal , to their undoubted rights and privileges in parliament . restore the commons to their right wits , and learn them to know , that the hea● is above , not below the feet : so th● our king only , with the assent of th● lords and commons , may make , and giv● us laws , as it was in the beginning ; u● till which time i will pull down my sai● and keep close unto the haven , being su● to have nothing else but tempests , an● storms , and no clear setled weather untill then , either in church or common wealth , let our republicans boast of the● free state , or of what else they please for a bone out of joynt will never b● setled right , but in its proper place . finis . pastor vitae suae mediocritatem commendans , queritur cum coeli , caeterarumque rerum , cursus certo regantur consilio , non tamen res humanas , juste ac certe cedere , cum bonis male sit , malis bene . i lle ego qui fraenis animum vinclisque domand● latius imperito , quam si mihi paenus uterqu● serviat , & lydiam phrygiae libiamque remotis gadibus adjungam : paupere sub tecto contentus pane secundo , mollia securae traduco tempora vitae . non opus est nostrum , clangunt ubi classica , ad arma currere , & atroci spectacula ponere marti . non tentare levi ( vetitum scelus ) aequora ligno , quid vero vetitum nos culpae fertilis aetas fugimus ? anne parum dii percivilia bella flumina & arva pio procerum tinxisse cruore ? quin etiam caroli rubefecit tela nefanda dirus post genit is sangnis ? proh jura timenda ! cedit lex armis , discedit laurea terra . at quo cymba ? decet parvis te currere rivis , non inter scopulos tyrrhenum urgere minantes . ergo ubi nox ignes contraxit victa silentes , et sol regalis placidum caput extulit undis , armatus baculo , & saccum post terga ligatus , pabula nocturnis grege misso cana pru in is carpo , gravis medio , cum splendet phaebus olympo , gramina & aestivis resonant exusta cicadis . ad fluvios , aut alta greges ad stagna reduco , expletasque sequens ad frigus amabile cogo : qua sucra fagus , amant , & candida populus umbran● consociare comis , texuntque umbracula quercus . ut juvat argutis quae vellem ludere avenis ! cespite sub viridi nunc stratum carpere somnos , quos mihi furta gemens progne scelerata mariti suadet , & alterno modulamine turba volucrum . nunc & in arcanis agnam pani immolo lucis , carmina qui calamis fingens sacra fontis ad ora illice sub patula tendit gregis ubera lacte . tethios at gremio properat requiescere titan : hesperus atque monet ( certum pastoribus astrum ) ducere oves stabulis pastas numerumque referre , ne prato in viridi , segete aut quis capta virenti praeda fit agricolis : pecudes aut forte sequutam pastor ad insolitum vicinus ovile coegit . sic ô sic positae spatium breve transigo vitae : ●on sitis imperii nullo satiata cruore ●ccendit fauces , non regni caeca cupido . ●eu quid sancta fides ? pietas quid caelica prodest ? ●i pede calcantur justi florentque nefasti : ●egia , caelicolae , terrarum sceptra tenetis ? ●gnea constanti volvuntur sidera cursu : ●alest is solitum reparat latonia damnum ; ●ynthius atque vias superas agit aetheris alti , ●t nudent sylvam gelidae nunc frigora brumae , ●uae decorata comis nunc fundit montibus umbras . nunc fervore coquunt cererem fera colla leonis . deinde suas vires autumno temperat annus . ●rdine cur nullo mortalia pectora vivunt ? an fortuna regit manibus dans munera caecis ? ●ira libido bonos vincit , frans regnat in aula , tristis iniqua ( nefas ) (a) virtus fert premiarecti , ●mperat atque (b) lupus sub ovilla pelle britannis at (c) pius heu frustra , rigidos properavit ad indos . non aurum in sacris aut gemmas numina poscunt . heu quis primus , adhuc gemmus latuisse volentes , pondera & ( illecibras vitiorum ) protulit auri ? ante novae insidiae fuerant caedesque nefandae , non furor in regem civilis cuderat enses , incorrupta fides sacra comitata sorore sincero populum regi jungebat amore . bellica terribilis , siluerunt classica martis , nec cruor effusus crepitantia tinxerat arma . aequora non audax invisa subegerat argo quisque mydas parvo tantum sua littora norat . jam maria & tellus humana mente minora : saevior aetneis flammis amor ardet habendi . si pretium mortis , vel reges morte petuntur : talis honor regum ? proh jussa tremenda deorum ! vana ut nunc video , simplex ego justa putabam . caesar par caelo civûm scelere occidit atro , divus at augustus multorum caede piavit . quis divûm caroli dicetur principis ultor : ah venias tandem divorum dive precamur , nil sine te vires nos vanae possumus armis : sit fatis caroli tibi tradita cura secundi , serves in rigidos anglos te praeside iturum , fulmine & insontem patris ulciscare cruorem . at quo musae procax ? quo tendit rustica musa ? me decet arbustis humilem tractare myricam , non inter cedros petere astra corusca superbos . fulgor permultos generosae convocat aulae . hic leviore notis populi stupefactus honore , monstratus digito claras cupit ire per urbes . evehit ad superos pugilem labor isthmius illum . hic complere famen gazis cupit . indiae & auro , nec tamen europae pars omnis sufficit uni , messibus aut lybicis quicquid terit area fervens : crescit edendo fames sic nullus finis edendi . hic caudam populo , pellaci , vu lpe benignôr iactat , ut incautum trahat in sua retia piscem . ornatum hunc foliis visent capitolia festis , quòd retulit praedas contuso victor ab hoste . at mihi precunctis ridet pastoria vita : rara iovis patitur convallis tela tonantis , praepete sublimes tremuerunt fulmine montes . menstrua non epulis mensam vinoque tributa implent , non multo stipatur milite somnus . rustica securum praebet mihi casa soporem , non clamore virûm , tremulo aut clangore tubarum ruptum , nunc musco circumlita ripa tenaci . fraga cibos faciles dumetis vulsa ministrant poma & amaena famem relevant ( procul ense remoto ) solicito potant auro gemmaque potentes , me delectat aquas manibus captare fluentes . sic mea per tacitum fluit aetas , noxia nulli , insidias tantum novi struxisse volucri . sin populo ignotus , manes mihi notus adibo . sol agit a st curru fugienti tempus amicum , et polus invitat somnum rediuntibus astris . lector , frronte precor p'acida bullatas accipe nugas , quas tenui filo duxi , crassaque minerva , et mihi phoebus eris vires animosque ministrans : ut majora canam graviori carmine tandem . lingua velut gustu vario , sic gaudet habere in studiis mens nostra vices : mutabile quid non ? nec juvat assidue tractare volumina juris , sive tua o legis cooke gloria , lausque , paterque . sive tua o plowden , quamvis mihi magna v● dent● sed libet ad doctas animum convertere musas . dumque alii ●ugis transmittere tempora gaudent , atque diem baccho , vel pictis perdere chartis dexter apollo mihi ( ejus perculsus amore sacrafero ) aonia lymphas de fronte propinat . depiction of shepherd with sheep. the shepherd commending the meanness of his life complains , that since the heavens and all things else are governed by a certain rule of providence , yet that humane affairs go not on in so setled a course , because good men go backward , and vice only is rewarded . i am the man that curbing my desires , and checking passions , which my mind requires , command more largely and more freely sway , a scepter , than if carthage did obey , or i joyn'd lydia to the phrygian shore , and that to th' indies , hardly known before . under a little roof with house-hold bread , securely i a life contented lead , i care not to approach when trumpets sound , calling to arms , on rigid mars his ground . his playes to me are misery and wo. nor dare i on the rugged ocean go , in ships ; ( a thing forbid ) but ah! our times do run more fircely to forbidden crimes : i' st nothing think you , thus to stayn the flood , and fields , through civil war , with noble blood ? but you must adde the sacred blood of kings ? fatal to after ages : hoydagings ! of law , dread law ! which yielding now gives place , to arms , and vertue meets with foul disgrace . but whither now my boat ? you must contain your self in rivers , not run to the main , where threatening rooks with their obscured head swallow you up , when danger least you dread , when therfote night is vanish't , and the day appears , inlighten'd with the glorious ray of regal sol , arm'd with my sheep-herds crook , with bag and bottle hanging by , i look my sheep , and to the fields , whose green is lost under the texture of a morning frost , i drive them : when the sun advanc't more high , in his diurnal course through th' arched sky , makes grass-hoppers to sing , i th' parched grass . then to the rivers or deep lakes i pass , driving my flocks to water , which i lead panting through heat , thence to the loved shade . where the tall beech and thicker leaved oaks clashing their friendly arms with mutual stroaks make cooler coverts , under which lambs please to eat ; to sport , to play , and take their ease , how it delights now on my pipes to play ! anon my body on the grass to lay , seeking to take a nap , while in her song , pr●●ne bewailing her so grievous wrong in mournfull notes , and all the woody quīre , with warbling strayns , would perfect my desire . then , duskish when it grows , i quick arise , and give to pan a lamb in sacrifice , who taught me sacred rimes which while i sing , and lead my sheep unto the christal spring , their dugs grow full of milk ; but now the sun ready to set , the evening star is come , lo you , ( to shepherds so well known ) whose sight bids us to fold our flocks and count them right , lest some perchance strayd out into the plain , or broke into the fields repleat with grayn ; where being taken they become a prey , to the rude clown who makes them soon away or else perhaps they wandring to the sheep of some near neigbouring shepherd , where they keep among the rest , till now through custome bold , they 'r driven to some strange and unknown fold . thus , thus i spend my life , and in content retir'd from the world my days are spent : i thirst not after rule , nor do i swell with lusting after kingdoms , i can tell that such ambition's void of all that 's good stand out for nought , but gorge themselves with blood ah! who will faith or piety approve , if good men be condemned , and such as love mischief , and vices , be the only men set by and rais'd by fortune from the den of unknown stocks ? yee guardian angels of this once blest land have you still for our good the same command ? t is true the glistring stars and heavenly trayn do still in one continued course remayn the moon doth still encrease & wax & wane , the sun keeps on his yearly course whereby the winter frosts denude the tree's grown dry ; which being lately beautified with green , yielded a shade most pleasant to be seen , the summers heat ripens the corn , and then it 's heat by autumne is allay'd agen . but wretched man lives without rule or square , without proportion all his actions are ; is fortune regent that doth blinded go , and with unequal hands her gifts bestow ? powr acts by will , and will without restraint doth what ambition teacheth , and the saint is banish't from the court : oh horrid times ! when [a] vertue bears the punishment of crimes : and wolves pretending harmlesnesse bear sway . forcing the britains blindly to obey ; but pious ah in vain for gold they hast to th' indies : true religion is not plac't in wealth or fortune ( surely heaven denyes goodness to bad , though prosperous treacheries . ) who were the fi●st that brought their private wealth for publick treasure , & as 't were by stealth made that the lure to sin ? who first found gold ? and pearls ? not willing to be known from mould . before that time , no jealousies and fears , no dayly plots appear'd , no widows tears , were seen for staughter'd husbands , no mad rage of civil war corrupted had the age . no sword was sharpen'd yet against its king , but uncorrupted faith did duely bring the people to the prince with loving zeal ( blest omens of a happy commonweal ) the warlike trumpet was not yet , no blood , the wearer , or his arms had yet embrew'd the sea was rugged , free the shore , all were contented with a little store they did possess : the greatest of their boast was to have seen and known their proper coast : but now both sea and land are grown too smal to feed our base ambitious minds withal desire to have and get burns now more fierce then aetnae's flames , ( renown'd by virgils verse ) stands ought it 'h way ? death shall remove the stock we can bring kings themselves unto the block if such may be their fate ? o dearest god , how dreadfull are thy laws ! how sharp thy rod ! alas ! fool that i was ! i once had thought that just , which now i see is vain and nought . caesar though oft forewarn'd at last was slain by his own subjects , a rebellious trayn . but great augustus on the factious head of most , revenged caesar murthered . but ah! for martyr'd charls what man or state will vengeance seek before it be too late ? o come great god , we pray thee at the length , for without thee , vain is our help or strength . let charls the second in thy care be chief , guard him , and give to his affairs relief ; preserve him safe , and when he will demand his right from english rebels , guide his hand , make them to know that thou dost rule on high , strike them with lightning from the thundring sky . revenge his fathers guiltlesse death on them , while there remains or root , or branch , or stem . but whether now my muse , where wilt thou croud ? among the shrubs it fits me best to shroud : and not to climb the cedar proud and tall , lest while i seek to rise , i climb to fall , honor or hopes calls most men to the court , where one being wrought on by the great resort , is straightway struck , and shortly hopes to be seen in the city in full majestie . another with much labour , toyl , and pain , would fain climb high , but all his labour 's vain . this courts gemmes and gold , nor th'indians can , nor europe sate the hunger of this man , nor fertile lybi●s plentifullest store , but as he gets , so still he covers more . another to the people shews his tayl ; boasts his descent , that so he may prevayl , to draw the fish into his net : and there another for his valour doth appear , and in the publique place himself presents , spoyls of his foes , his new got ornaments . a rustick shepherds life doth laugh on me more sweet , than all the lives that be . i , in my meaner way , great things deride : for why , i know the vales have seldome try'd the force of thundring jove , when mountains high have trembled at his threatning majesty . the meat and drink purchas 't by me , is not bought with the treasure of much goods ill got , my sleep's unguarded , i fear not to dye , but in my little cot securely lye : not troubled with the noise of men , or drums , no trumpet there or horseman ever comes . oft when i rife , i sit a little while upon my fragrant bed of camomile ; the strawberries that in the thickets thrive , my faintest hunger serve away to drive : and pleasant apples ( as my grandsire first ) so do they serve to quench my greatest thirst : while great ones drink in gold , poison and blood , i drink clear water out of wholsome wood . thus do . i passe my time , harmlesse to all but birds , for whom i make some new pit-fall . thus stranger to the world , yet to my self known , shall i dye , and leave this worldly pelf . but , sol withdrawing , the approaching night and starres appearing , do to sleep invite . reader , accept these lines , which i have plainly writ though not adorn'd with curious art or wit and thou shalt be my patron , at whose beck my muse shall hoist her sailes , or give them check so may i chance hereafter to relate some things more solid , and of greater weight . and as our palat's pleas'd with various fare , so is our mind with studies choice and rare : all things have changes : ev'n the law it self may lye and gather cob-webs on the shelf , though they be thine ( grave cook ) who didst revise and mend the same , or plowden grave and wise : but i love various learning , and so do make it my study , and my pastime too : and thus while others play at cards , or drink away their time , i on apollo think , and pray his favour , that he will admit me from the muses fount to sip some wit. . yours in all officiousnesse and love most obliged finis . notes, typically marginal, from the original text notes for div a -e st. pauls . jo. . . notes for div a -e * — nam quis iniqui tam patiens orbis , tam ferreus ut teneat se ? * a good remedy , but a bad cure. notes for div a -e * the rump , &c. notes for div a -e * the rump . * qui curies simulant & bacchanalia vivunt . notes for div a -e o the venome of a perpetual parliament notes for div a -e chron. . . paradox . notes for div a -e res publica , signifyeth a whore . notes for div a -e quid prodest tibi nomen usurpare alie●um & vocari quod non es ? notes for div a -e (a) note reader that this chaos of religions , hath justed the true protestant religion out of doors , so have i seen a flower kill'd by the multitude of weeds , and a lamb destroyed by a number of woolves . notes for div a -e a bradshaw , when he tempted the king alias , at the kings tryal , but rather his temptation . notes for div a -e a he will first suffer himself to be murthered at his own door , as was charls the i. psa . . . psa . . . eccles . . . zecha . . . isa . . . rev. . . hos . . . prov. . . prov. . . prov . . prov. . . sam. . . prov. . . isa . . ● . josh . . . mark . . john . . mat. . . mat. . rom , . . jude . , , . pet. . , . hor. ode . ambrosius in orat. contra auxen . tom . kings . (a) witness , the resolution of all the judges in england , in the reign of charls the i. &c. for suppose that the parliament turn traytors and rebel against the king , as did the long parliament , is it not profitable for the people , and lawful for the king alone , to command money and assistance of his subjects , to subdue the rebels , and oppose a forein navy , who are coming to destroy , and swallow up both king and people ? surely none but a mad-man will deny , but that it is most lawful , just , and the only safety of the people , and their estates . indeed , as it is the best way for a thief to binde the honest man , he doth intend to robb , so it is the safest , and best way , for that parliament ( who do intend to murther the king , and take away all that he hath ) to binde the king as fast as they can , to take away his negative voice , and all his just praerogatives , to make all his legal power , whereby he might withstand their violence , illegal ; nay , it is their best way to tye the king up from his meat to , make him stand for a cypher , a meer nothing , that so they being the predominant figures , may chop off his head , or do what they list with him , as did the long parliament ; who from trespass to high treason against god and the king , have omitted no offence undone ; but their soundest doctrine , will prove but apochrypha , to all honest parliaments . i do confesse , that except it be in cases of necessity , the king can lay no tallage upon the people , without their consent in parliament ; and so not shipmoney , which in truth is condemned by the statutes of e. & e. . de tallagio non concedendo , dangelit , englishty , because the king hath restrained his power , by his statutes . but if the king could not tax the people with shipmony , and other impositions in extrao●dinary cases of necessity , aa when a forein enemy doth suddenly invade the land , being invited in by a prevalent faction , in a refractory parliament , who would ruine themselves and the whole kingdom , so that they might ruine their king , and fulfill their wicked wills , who will not grant shipmoney , or any thing else to the king , lest he should be provided to oppose them , and defend himself , and the people in safety : i say , that if in this and such like cases , the king may not lawfully lay tallages on the people , and command their assistance , i had rather be a slave , than a king , and should account my self the vassal of the people , not their king. but in truth , the king cannot denude himself of this power , nor by any statute or law , tye himself from it : for it is inseparable from the crown , et quod sceptro inhaeret non potest tolli , nisi sublato sceptro , and therefore cannot be taken from the king , unless the crown with it : which rule the long parliament have truly verifyed . for when they had taken away his chiefest praerogative , they could not forbear , but presently took off his crown from his head , and then his head from his shoulders . sic transit gloria mundi . (e) aposiopesis est . notes for div a -e * omnibus esse lupos licet in regione lupoporum . gal. . . if i build again the things which i destroyed , i make my self a transgressour . notes for div a -e * the strifes and divisions now amongst the rebels do further the kings restauration to his own , of which they robbed him . notes for div a -e vid. epist . part of soveraign power . inde illis potestas unde spiritus . tertul . apol. pa. . . co. lit. . . l. . . notes for div a -e inst . . inst . bodin de rep. l. c. . camden in britan. descript . mat. . . luke , , , . ovem in fronte , vulpem in corde gerentes . the nobles which were faithfull to the king , they called evil counsellers . witness their oath of supremacy . dangerous and useless only to their villany . witnesse all their actions . bodin li. . ca. . king charles his title had been good to the crown of england , though he had borrowed no part of this claim from the conquerour . see reverend heylin's life of king charles . co. lit. . who then ought to have the militia but the king ? co. lit. . co. lit. . mr. howels philanglus . ● inst . . summum jus summa injuria . decl. of the treaty ; p. . inst . . yet forsooth these the lowest , set up the highest court viz. the high court of justice . so servants may set up a high court , to try and condemn their mastets . asperius nihil est humili cum su●git in altum . inst . . eli. ca - . inst . . inst . . they are dead members who do not . davis irish rep. so . . jer. . . psal . . . . . . . . cambdens remains . see chro. , & , & , & , & . isa . . . teste anglia . bract. fo . . justin . institutes , fleta . davis irish reports , fo . . fitz. n. . . . calvins case , so . . e. . . e. . e. . . leges auredi . ca. . co. lib. . . see inst . pag. . and . the people declare for a free parliament , but these rebels only for themselves . read his incomparable heavenly book , which will make thee weep for our loss , but rejoice and admire at his piety . luk. . . see their charge against him . vulgarly called the secluded members . so he which playeth at knave out of doors , getteth the knave , to beat all the rest of the cards . notes for div a -e our soveraign charls must be no king , because pious , but oliver must be a king , because a rebel . oh the mystery of their iniqui●y● though the kings nobility might not , yet cromwels might be a house of peers . tristius haud illis monstrum , nec saevior ulla pestis , & ira deum sly●iis sese extulit undis . what pretty names these state thieys have for their robberies and tyranny . viz. the titular parliament . alas not for so good a use . i commend you to the history of independency . notes for div a -e th . of february . cressa ne careat pulchra dies aota . brave for thieves , if they might qualifie their judges . but i think they can scarce pick out men enough in england , to fill up the house , who will admit of their wicked qualifications . to be short ( saith comines ) in mine opinion , of all the seigneuries in the world , that i know , the realm of england is the countrey , where the commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in civil war , and alwayes the lot of misfortune falleth upon them that be the authors of the war. magnae discordia pereunt concordiavalent you may guesse with what a countenance the rump looked upon them . episcopacy was a bulwork against popery , and other factions , therfore the papists and the factions did batter down that , to make way for their sects , which they call liberty of conscience . notes for div a -e (a) rex . (b) o cromwel . (c) ironice . [a] the king. o. cromwel . &c. ironice . the case of the allegiance due to soveraign powers further consider'd, and defended with a more particular respect to the doctrine of non-resistance and passive-obedience : together with a seasonable perswasive to our new dissenters / by will. sherlock ... sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the allegiance due to soveraign powers further consider'd, and defended with a more particular respect to the doctrine of non-resistance and passive-obedience : together with a seasonable perswasive to our new dissenters / by will. sherlock ... sherlock, william, ?- . [ ], , [ ] p. printed for w. rogers, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. allegiance -- great britain. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the allegiance due to soveraign powers , further consider'd , and defended : with a more particular respect to the doctrine of non-resistance and passive-obedience . together , with a seasonable perswasive to our new dissenters . by will. sherlock , d. d. master of the temple . london , printed for w. rogers , . d r. sherlock's defence of his case of allegiance , &c. the case of the allegiance due to soveraign powers , defended , &c. there is nothing more evident , than that god set up a supreme and soveraign power in the jewish nation , as could not , and ought not to be resisted by the fundamental laws of their government ; not that the supreme and soveraign power is alwaies to be in a single person , but that where-ever it is , it is irresistible ; and that whenever this supreme power by the laws of the nation is invested in a single person , such a prince must not , upon any pretence whatsoever , be resisted . to prove this , i shall begin with examples out of the old testament . the first governour god set over the children of israel , when he brought them out of the land of egypt , was moses ; and i think i need not prove how sacred and irresistible his authority was . this is sufficiently evident in the rebellion of korah , dathan , and abiram , against moses and aaron , when god caused the earth to open her mouth and swallow them up , numb . . and least this should be thought an extraordinary cafe , moses and aaron being ●xtraordinary persons , immediately appointed by god , and governed by his immediate direction , the apostle st. jude alledges this example against those in his daies , who were turbulent and factious , who despised dominions , and spake evil of dignities , jud. v. . which he could not have done , had not this example extended to all ordinary as well as extraordinary cases ; had it not been a lasting testimony of god's displeasure against all those who oppose themselves against the soveraign powers . but moses was not alwaies to rule over them , and therefore god expresly provides for a succ●ssion of soveraign powers , to which they must all submit . the ordinary soveraign power of the jewish nation aft●r moses's death , was devolved either on the high priest , or those extraordinary persons , whom god was pleased to raise up , such as joshua , and the several judges , till in samuel's days it settled in their kings . for , as for the jewish sanhedrim , whose power is so much extolled by the jewish writers , who are all of a late date , many years since the destruction of jerusalem , and therefore no competent witnesses of what was done so many ages before ; it does not appear from any testimony of scripture , that there was any such court of judicature , till after their return from the babylonish captivity . but yet god took care to secure the peace and good government of the nation , by appointing such a power as should receive the last appeals , and whose sentence in all controversies should be final and uncontroulable ; as you may see in the th . of deut , , , , . ver . there were inferiour magistrates and judges appointed in their several tribes and cities , which moses did by the advice of jeth●o his father-in-law , and by the approbation of god , exod. . but as the supreme power was still reserved in the hands of moses , while he lived , so it is here secured to the high priest or judges after his death ; for , it is expresly appointed , that if those inferiour judges could not determine the controversie , they should come unto the priests and levites ; that is , the priests of the tribe of levi , ( who by the . ver . appears only to be the high priests ) ●nd to the judge that shall be in those days ; that is , if it shall be at such a time , when there is an extraordinary judge raised by god ( for there were not alwaies such judges in israel ; as is evide●t to any one who reads the book of judges ) and of them they should enquire , and they shall sh●w the sentence of judgment , and thou shalt do according to the sentence which they of that place ( which the lord shall chu●● ) shall shew thee ; and thou shalt observe to do according to all they shall inform thee . where the place which god shall chuse , signifies the place which he should appoint for the ark of the covenant , and for the l●vitic●l worship ; which was the place where the high priest , and the chief judge or ruler of israel , when there was any such person , had their ordinary residence ; which was first at shilo , and afterwards at jerusalem . the authority of the chief priests , or of the judge , when there was one , in those days , was as absolute authority as the most absolute monarch in the world can challenge , v. . that disobedience to their last & final determination , whatever the cause be , shall be punisht with death : and what place can there be for resistance in such a constitution of government as this ? it is said indeed , in v. . according to the sentence of the law , which they shall teach thee , and according to the judgment that they shall tell thee , thou shalt do . and hence some conclude , that they were not bound to abide by their sentence , nor were punishable if they did not , but only in such cases , when they gave sentence according to the law of god. but these men do not consider , that the matter in controversie is supposed to be doubtful , and such as could not be determined by the inferiour courts , and therefore is submitted to the decision of the supreme judge , and as he determined , so they must do , and no man , under the penalty of death , must presume to do otherwise : which takes away all liberty of judging from private persons , though this supreme judge might possibly mistake in his judgment , as all human judicatures are liable to mistakes ; but it seems god almighty thought it necessary , that there should be some final judgment , from whence there should be no appeal , notwithstanding the possibility of a ●istake in it . so that there was a supreme and soveraign , that is , unaccountable and irresistable power in the jewish nation appointed by god himself ; for indeed it is not possible that the publick peace and security of any nation should be preserved without it . and i think it is as plain , that when the jews would have a king , their kings were invested with this supreme and irresistible power ; for when they desired a king , they did not desire a meer nominal and titular king , but a king to judge them , and to go out before them , and fight their battels ; that is , a king who had the supreme and soveraign authority , sam. . , , . a king who should have all that power of government , excepting the peculiar acts of the priestly office , which either their high priest or their judges had before . and therefore , when samuel tells them what shall be the manner of their king , v. . though what he saies does necessarily suppose the translation of the soveraign and irresistible power to the person of their king , yet it does not suppose that the king had any new power given him , more than what was exercised formerly by their priests and judges . he does not deterr them from chusing a king , because a king should have greater power , and be more unaccountable and irresistible than their other rulers were ; for samuel himself had had as soveraign and irresistible a power as any ki●g , being the supreme judge in israel , whose sentence no man could disobey or contradict , but he incurred the penalty of death , according to the mosaical law. but the reason why he dissuades them from chusing a king , was because the external pomp and magnificence of kings was like to be very chargeable and oppressive to them . he will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots . and he will appoint him captains over thousands , and captains ov●r fif●ies , and will set them to ear his ground , and to reap his harvest . and thus in several particulars he acquaints them what burthens and exactions they will bring upon themselves by setting up a king , which they were then free from : and if any prince should be excessive in such exactions , yet they had no way to help themselves : they must not resist , nor rebel against him , nor expect , that what inconvenience they might find in kingly government , god would relieve and deliver them from it , when once they had chose a king : ye shall cry out in that day , because of your king which ye have chosen you , and the lord will not hear you in that day , v. . that is , god will not alter the government for you again , how much soever you may complain of it . this , i say , is a plain proof that there kings were invested with that soveraign power which must not be resisted , though they oppress their subjects to maintain their own state , and the grandeur and magnificence of their kingdom . but i cannot think that these words contain the original grant and charter of regal power , but only the translation of that power which was formerly in their high priests or judges , to kings . kings had no more power than their other governours had ; for there can be no power greater than that which is irresistible ; but th●s power in the hands of kings was likely to be more burthensome and oppressive to them , than it was in the hands of their priests and judges , by reason of their different way of living ; which is the only argument samuel uses to dissuade them from transferring the supreme and soveraign power to princes . and therefore i rather chuse to translate mishpat , as our translators do , by the manner of the king , than as other learn●d men do , by the right of the king , thereby understanding the original charter of kingly power : for it is not a regal power which samuel here blames , which is no other but the very same which he himself had , while he was supreme judge of israel ; but their pompous way of living , which would prove very oppressive and burthensome to them , and b● apt to make them complain , who had not been used to such exactions . let us now proceed to consider , how sacred and irresistible the persons and authority of kings were under the jewish government ; and there cannot be a plainer example of this , than in the case of david . he was himself anointed to be king after saul's death , but in the mean time was grievously persecuted by saul , pursued from one place to another , with a design to take away his life . how now does david behave himself in this extremity ? what course does he take to secure himself from saul ? why , he takes the only course that is left a subject ; he flies for it , and hides himself from saul in the mountains and caves of the wilderness ; and when he found he was discovered in one place , he removes to another : he kept spies upon saul , to observe his motions , not that he might meet him to give him battel , or to take him at an advantage , but that he might keep out of his way , and not fall unawares into his hands . well , but this wa● no thanks to david , because he could do no otherwise . he was too weak for saul , and not able to stand against him ; and therefore he had no other remedy but flight . but yet we must consider , that david was a man of war , he slew goliah , and fought the battels of israel with great success ; he was an admired and beloved captain , which made saul so jealous of him ; the eyes of israel were upon him for their next king , and how easily might he have raised a potent and formidable rebellion against saul ! but he was so far from this , that he invites no man to his assistance ; and when some came uninvited , he made no use of them in an offensive or defensive war against saul . nay , when god delivered saul two several times into david's hands , that he could as easily have killed him , as have cut off the skirts of his garment at engedi , sam. . or as have taken that spear away which stuck in the ground at his bolster , as he did in the hill of hachilah , sam. . yet he would neither touch saul himself , nor suffer any of the people that were with him to do it , though they were very importunate with him for liberty to kill saul ; nay , though they urged him with an argument from providence , that it was a plain evidence that it was the will of god that he should kill saul , because god had now delivered his enemy into his hands , according to the promise he had made to david ▪ sam. . . . ch . ver . . we know what use some men have made of this argument of providence , to justifie all the villanies they had a mind to act : but david , it seems , did not think that an opportunity of doing evil , gave him license and authority to do it . opportunity , we say , makes a thief , and it makes a rebel , and it makes a murderer . no man can do any wickedness , which he has no opportunity of doing ; and if the providence of god , which puts such opportunities into mens hands , justifies the wick●dness they commit , no man can be chargeable with any guilt whatever he does ; and certainly opportunity will as soon justifie any other sin as rebellion , and the murder of princes . we are to learn our duty from the law of god , not from his providence ; at least , this must be a settled principle , that the providence of god will never justifie any action which this law forbids . and therefore , notwithstanding this opportunity which god had put into his hands to destroy his enemy , and to take the crown for his reward , david considers his duty , remembers , that though saul were his enemy , and that very unjustly , yet he was the lord's anointed . the lord forbid , saies he , that i should do this unto my master , the lord 's anointed , to stretch forth my hand against him , seeing he is the lord 's anointed . nay , he was so far from taking away his life , that his heart smote him for cutting off the skirt of his garment . and we ought to observe the reason david gives , why he durst not hurt saul , because he was the lord's anointed ; which is the very reason the apostle gives in the . rom. . because the powers are ordained of god , and he that resisteth the power , resisteth the ordinance of god. for to be anointed of god , signifies no more , than that he was made king by god. thus josephus expounds beinganointed by god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who had the kingdom bestowed on him by god ; and in another place , one who was ordained by god : for it seems by this phrase , he looked upon the external ceremony of anointing , to be like imposition of hands , which in other cases consecrated persons to peculiar offices : for this external unction was only a visible sign of god's designation of them to such an office ; and when that was plain , they were as much god's anointed without this visible unction as with it . cyrus is called god's anointed , though he never was anointed by any prophet , but only designed for his kingdom by prophecy , . isa. . and we never read in scripture , that any kings had this external unction , who succeeded in the kingdom by right of inheritance , unless the title and succession were doubtful ; and yet they were the lord 's anointed too , that is , were placed in the throne by him . so that this is an eternal reason against resisting ▪ soveraign princes , that they are set up by god , and invested with his authority , and therefore their persons and authority are sacred . but yet there are some men , who from the example of david , think they can prove the lawfulness of a defensive , though not an offensive war. for david , when he fled from saul , made himself captain of four hundred men , sam. . . which number soon encreased to six hundred , sam. . . and still every day encreased by new additions , chron. . . now , why should he entertain these men , but to defend himself against the forces of saul ? that is , to make a defensive war whenever he was assaulted by him . . in answer to this , i obs●rve , that david invited none of these men after him , but they came voluntiers after a beloved captain and general ; which shews how formidable he could have made himself ▪ when such numbers resorted to him of their own accord . . when he had them , he never used them for any hostile acts against saul , or any of his forces ; he never stood his ground , when he heard saul was coming , but alwaies fled , and his men with him ; men who were never used to flee , and were very ready to have served him against saul himself , would he have permitted them . and , i suppose they will not call this a defensive war , to flie before an enemy , and to hide themselves in caves and mountains ; and yet this was the only defensive war which david made with all his men about him : nay , all that he would make , according to his professed principles , that it was not lawful to stretch out his hand against the lord 's anointed . and when these men are pursued , as david was , by an inraged and jealous prince , we will not charge them with rebellion , though they flie before him by thousands in company . . yet there was sufficient reason why david should entertain these men , who voluntarily resorted to him , though he never intended to use them against saul : for some of them served for spies , to observe saul's motions , that he might not be surprized by him , but have timely notice to make his escape . and the very presence of such a number of men about him , without any hostile act , preserved him from being seized on by some officious persons , who otherwise might have delivered him into saul's hands . and he being anointed by samuel to be king after saul's death , this was the first step to his kingdom , to have such a retinue of valiant men about him ; which made his advancement to the throne more easie , and discouraged any opposition which might otherwise been made against him ; as we see it proved in the event , and have reason to believe that it was thus ordered by god , for that very end . it is certain , that gad the prophet , and abiathar the priest , who was the only man who escaped the fury of saul , when he destroyed the priests of the lord , were in david's retinue ; and that david enterprized nothing , without first asking counsel of god : but he who had anointed him to be king , now draws forces after him , which after saul's death should facilitate his advancement to the kingdom . dly , it is objected further , that david intended to have stayed in keilah , and to have fortified it against saul , had not he been informed , that the men of the city would have saved themselves , by delivering him up to saul , sam. . now , to maintain any strong hold against a prince , is an act of war ; though it be but a defensive war. and i grant it is so , but deny that there is any appearance , that david ever intended any such thing . david and his men , by god's appointment and direction , had fought with the phil●●tins , and smote them with a great slaughter , and saved keilah from them ; and as it is probable , did intend to have stayed some time in keilah : but david had heard that saul intended to come against keilah , to destroy the city , and take him , and enquires of the lord about it , and receives an answer , that saul would come against the city . he enquires again , whethe● the men of keilah would deliver him up to saul , and was an●wered , that they would . and upon this , he and his men leave keilah , and betake themselves to the strong holds in the wilderness . but now , it is likely , that if david had had any design to have fortified keilah against saul , he would have been afraid of the men of the city : he had six hundred men with him in keilah , a victorious army , which had lately destroyed the philistines , who oppressed them ; and therefore could easily have kept the men of keilah too in awe , if he had pleased , and have put it out of their power to deliver him to saul . but all that david designed was , to have stayed there as long as he could , and , when saul had drawn nigh , to have removed to some other place : but when he understood the treacherous inclinations of the men of keilah , and being resolved against all acts of hostility , he hastened his remove , before saul drew near . so that these men must find some other example than that of david , to countenance their rebellion against their prince : for david never rebelled , never fought against saul ; but when he had a very potent army with him , he and his men alwaies fled , and ●●d themselves in the wilderness and places of difficult access . the sum is this : god , from the very beginning , set up such a supreme and soveraign power in the jewish nation , as could not , as ought not to be resisted . this power was at ●●rst in the hands of moses , and when korah and his company rebelled against him , god vindicated his authority by a miraculous destruction of those rebels ; for the earth opened her mouth and swallowed them up . afterwards , when they came into canaan , the ordinary exercise of his power was in the high priests and judges , whom god raised up , whose sentence and judgment was final , and must not be resisted , under penalty of death , when the children of israel desired a king , this soveraign and irresistible power was transferred to him , and settled in his person . saul was the first king who was chosen by god , and anointed by samuel ; but for his disobedience , was afterwards rejected by god , and david the son of jess● , was anointed king to succeed after saul's death : but in the mean time david was persecuted by saul , who sought after his life . and though he himself was anointed by god , and saul rejected by him , yet he durst not p●rsist nor oppose him , nor defend himself by force against the most unjust violence , but fled for his life , and hid himself in caves and mountains . nay , when saul was delivered into his hands by god , he durst not stretch out his hand against the lord 's anointed . let us now consider what christ and his apostles taught and practised about obedience to soveraign princes ; whereby we may learn how far christians are obliged by these laws of subjection and non-resistance . . i shall consider the doctrine of christ , while he lived on earth : and here are several things very fit to be obser●●d . first , we have no reason to suspect , that christ would alter the rights of soveraign power , and the measures of obedience and subjection , which were fixt and determin'd by god himself . this was no part of his commission , to change the external forms and polities of civil governments , which is an act of secular power and authority , and does not belong to a spiritual prince . he who would not undertake to decide a petty controversie , or to divide an inheritance between two contending brethren , . luk. , . can we think that he would attempt any thing of that vast consequence , as the changes and alterations of civil power , which would have unsettled the fundamental constitutions of all the governments of the world at that time ? our saviour tells us , that he came not to destroy the law and the prophets , but to fulfil it ; to fill it up , to compleat and perfect it ; mat. . . that is , to fulfill the anci●nt types and prophesies in his own person , to perfect an external and ceremonial by a real and evangelical righ●●ousness ; to perfect the moral laws with new instances and degrees of vertue ; but he abrogated no moral law , and therefore not the laws of obedience and subjection to princes , which has alwaies been reduced to the fifth commandment . nay , he abrogated no laws , but by perfecting and fulfilling them ; and therefore he could make no alteration in the doctrin of non-r●sistance , which is as perfect subjection as can or ought to be paid to soveraign princes . his kingdom was not of this world , as he told pilate : though he was a king , he neither was an enemy nor rival to caesar ; but had he absolved his disciples from their obedience to princes , had he made it in any case lawful to resist ( which was so expresly forbid the jews by god himself , and which is such a contradiction to the very nation of soveraign power ) he had been somewhat worse than a rival to all the princes of the earth ; for though he had set up no kingdom of his own , yet he had pulled down theirs . whereas he took great care that his religion should give no disturbance to the world , nor create any reasonable jealousies and suspicions to princes , who had been very excusable for their aversion to christianity , had he invaded the rights and royalties of their crowns . this makes it very improbable , that our saviour should make any alterations in civil powers , or abridge the rights of soveraignty ; which is so foreign to his design of coming into the world , and so incongruous to the person which he sustained ; and yet he could not alter the duties of subjects , but he must alter the rights of princes too ; he must take away the soveraign power of princes , at the same time that he makes it lawful for subjects in any case whatsoever to resist . we may safely then conclude , that our saviour has left the government of the world as he found it : he has indeed given such admirable laws , as will teach princes to govern , and subjects to obey better ; which is the most effectual way to secure the publick peace and happiness , to prevent the oppression of subjects , and rebellions against princes : but he has not interposed in new modelling the governments of the world , whic● is not of such consequence as some men imagine ▪ it is not the external form of government , but the fatherly care , and prudence , an● justice of governours , and the dutiful obedience of subjects , which can make any people happy . if princes and subjects be good christians , they may be happy ●nder most forms of government ; if they be not , they can be happy under none . had our saviour given subjects liberty to resist , to depose , to murder tyrannical princes , he had done them no kindness at all ; for , to give liberty to subjects to resist , is only to proclaim an universal license to factions and seditions , and civil wars ; and if any man can think this su●h a mighty blessing to the world , yet methinks it is not a blessing proper for the prince of peace to give : but he who instructs princ●s to rule as god's ministers and vicegerents , and to express a fatherly care and concernment for the happiness of their subjects , and that teaches subjects to reverence ▪ and obey their princes , as the image of god , and quietly submit and yield to his authority , and that enforces these laws , both on princes and subjects , in the name and authority of god , and from the consideration of the future judgment , when princes who abuse their power , shall give an account of it to their great master , when subjects who resist , shall receive to themselves damnation ; and those who patiently and quietly suffer for god's sake , shall have their injuries redrest , and their obedience rewarded ; i say , such a person as this takes a more effectual course to reform the abuses of the civil power , and to preserve good government in the world ▪ than all our wise politicians and state-menders , who think to reform the government of the world by some state-spells and charms , without reforming those who govern , and those who are governed . this our saviour has done , and this is the best thing that could be done , nay , this was all that he could do in this matter . he never usurpt any civil power and authority , and therefore could not new model the government of the world : he never offers any external force and compulsion to make men obey his laws , and therefore neither forces princes ▪ to rule well , nor subjects to obey ; but he has taken the same care of the government of the world , as he has done of all the other duties of piety and vertue ; that is , he has given very good laws , and has threatned those that break them with eternal punishments ; and as the laws and religion of our saviour prevail , so will the governments of the world mend , without altering the model and constitution of them . . but yet we have some positive evidence what our saviour taught about obedience to the higher powers ; i shall give you two instances of it , which are as plain and express as can be desired . first , the first is that answer our saviour gave to the pharisees and herodians , when they consulted together to intangle him in his talk , mat. . , &c. they come to him with great ceremony and address , as to an infallible oracle , to consult him in a very weighty case of conscience . they express a great esteem and assurance of his sincerity , and faithfulness , and courage , as well as of his unerring judgment , in declaring the will of god to them . master , we know that thou art true ▪ and teachest the way of god in truth , neither carest thou for any man , for thou regardest not the person of man : that is , thou wilt not conceal nor pervert the truth for fear nor favour : and then they propose an insnaring question to him ; tell us therefore , what thinkest thou ? is it lawful to give tribute to caesar , or not ? they thought it impossible that he should give any answer to this , which would not make him obnoxious , either to the roman governours , if he denied that the jews might lawfully pay tribute to caes●r , or ●o the pharisees and people if he affirmed that they might : for there was a very potent faction among th●m , who thought it unlawful for the jews to own the authority or usurpations of any foreign prince , or to pay tribute to him , as to their king ▪ they being expresly forbid by their law , to set a stranger over them for their king , who is not their brother , ( i. e. ) who is not a natural jew , deut. . . and it seems they could not distinguish between their own voluntary act in chusing a stranger for their king , ( which was indeed forbid by their law ) and their submitting to a foreign prince , when they were conquered by him . our saviour , who knew their wicked intention in all this , that they did not come with an honest design to b● instructed in their duty , but to seek an advantage against him , expresses some indignation at it ; why tempt ye me , ye hypocrites ? but yet , to return them an answer to that their question , he bids them shew him the tribute-money , that is , the money in which they used to pay tribute , and enquires whose image and superscription it had ; for coining of money was as certain a mark of soveraignty , as making laws , or the power of the sword. well , they acknowledg that the image and superscription on the tribute-money was caesar's ; upon which he replies , render therefore unto caesar the things that are caesar's , and unto god the things that are god's . the plain meaning of which answer is this , that since by the very impres●ion on their money , it is evident , that caesar is their soveraign lord , they must render to him all the rights of soveraignty , among which , tribute is one , as st. paul tells us , render therefore unto all their dues , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour , rom. . . whatever is due to soveraign princes , and does not interfere with their duty to god , that they must give to caesar , who at this time was their soveraign . in which answer there are several things observable . . that our saviour does not examine into caesar's right , nor ●ow he came by this soveraign power ; b●t as 〈◊〉 found him in possession of it , so he leaves him , and requires them to render to him all the rights of soveraignty . . that he does not particularly determine what the things of caesar are , that is , what his right is ▪ as a soveraign prince . hence some men conclude , that this text can prove nothing ; that we cannot learn from it , what our saviour's judgment was in this point ; that it is only a subtil answer , which those who ask the question could make nothing of ; which was a proper return to their ensnaring question . this i think is as great a reproach to our saviour , as they can well cast upon him , that he , who was the wisdom of god , the great pro●het and teacher of mankind , should return as sophistical and doubtful answers as the heathen oracles and that in a case , which required , and would admit a very plain answer . it is true , many times our saviour , when he discourst of what concern'd his own person , or the mysteries of his kingdom ▪ which were not fit at that time to be publisht in plain terms , used a mistical language ; as when he called his body the temple , or he taught them by parables , which were not obvious at the first hearing , but still what he said , had a certain and determined sense , and what was obscure and difficult , he explained privately to his apost●es , that in due time they might explain it to others ; but to assert , as these men must do , that christ gave them such an answer as signified nothing , and which he intended they should understand nothing by , shews that they are not so civil to our saviour as these pharis●es and herodians were , who at least owned in compliment , master we know that thou ar● true . and teachest the way of god in truth , neither carest thou for any man , for thou regard●st not the person of men. but certainly the pharisees did believe , that there was something in our saviours answer , for they marvelled , and left him , and went their way : and yet those who had wit enough to ask such ensnaring questions , could not be so dull as to be put off wi●h a sophistical answer , ( an art below the gravity of our saviour's pers●n and office ) but would have urged it a little f●r●her , had they not been sensible , that they were sufficiently answered , and had nothing to reply . for indeed can any thing be plainer than our saviour's answer ? they ask him whether it were lawful to pay tribute to caesar ? he does not indeed in express words say , that they should pay tribute to caesar , but he gives them such an answer , as withal convinc'd them of the reason and necessity of it . he asks whose image and superscription was on the tribute-money ; they tell him caesars ; from whence he infers , render therefore unto caesar the things that are caesar's . therefore ? wherefore ? because the tribute-money had caesars image on it ; therefore they must render to caesar the things that are caesars ; which certainly signifies that tribute was one of those things which belonged to caesar , and must be rendred to him , as appeared by having caesar's image : not as if every thing that had caesar's mark and stamp on it , did belong unto caesar , and must be given to him , ( as some men profanely enough , how wittily soever they imagine , burlesque and ridicule our saviour's answer ) for at this rate all the mony of the empire , which bore his image , was caesars ; but the money which was stampt with caesar's image , and was the current money of the nation , was a plain sign , as i observed before , that he was their soveraign , and paying tribute was a known right due to soveraign princes ; and therefore the very money which they used , with caesar's image on it , resolved that question , not only of the lawfulness , but the necessity of paying tribute : and this was so plain an answer , that the pharisees were ashamed of their question , and went away without making any reply ; for they no more dared to deny that caesar was their king , than they thought he dared either to own or deny the lawfulness of paying tribute to caesar. and this was all the subtilty of our saviour's answer but then , our saviour not confining his answer meerly to the case of paying tribute , but answering in general , that we must render to caesar the things that are caesar's , extends this to all the rights of soveraign princes , and so becomes a standing rule in all cases , to give to caesar what is caesar's due . and when our saviour commands us to render to caesar the things which are caesar's , w●thout telling us what caesar's things are , this is so f●r from making his answer doubtful and ambiguous , and of no use in this present controversie , that it suggests to us three plain and natural consequences , which are sufficient to end this whole dispute . . that our saviour did not intend to mak●●ny alteration in the rights of sove●aignty , but what rights he found soveraign princes possest of , he leaves them in the quiet possession of ; for had he intended to make any change in this matter , he would not have given such a general rule , to render to caesar the things which are caesar 's , without specifying what these things are . . and therefore he leaves them to the known laws of the empire , to determine what is caesar's right . whatever is essential to the nation of soveraign power , whatever the laws an● customs of nations determine to be caesar's right , that they must render to him ; for he would make no alteration in this matter . so that subjection to princes , and non-resistance , is as plainly determined by our saviour in this law , as paying of tribute ; for subjection and non-resistance is as essential a right of soveraign power , and as inseparable from the notion of it , as any thing can be . so it is acknowledged by the laws and customs of nations ; and so it is determined by the apostle st. paul ; as i shall shew hereafter . . i observe farther , that when our saviour enjoins our duty to our prince , with our duty to our god , render to caesar the things which are caesar 's , and to god , the things which are god's . he excepts nothing from caesar's rights , which by the laws of nations is due to soveraign princes , but what is a violation of , and an encroachment on god's right and soveraignty ; that is , we must pay all that obedience and subjection to princes , which is consistent with our duty to god. this is the only limit our saviour sets to our duty to princes . if they should command us to renounce our religion , and worship false gods ; if they sho●ld challenge divine honours to themselves , as some of the roman emperors did ; this we must not do , because it is to renounce obedience and subjection to god , who has a more soveraign power , and a greater right in us than our prince : but all active and passive obedience , which is consistent with a good conscience towards god , and required of us by the laws of our country , and the essential rights of soveraignty , is what we owe to our prince , and what by our saviour's command we must render to him . this , i hope , is sufficient for the explication of our saviour's answer to the pharisees and herodians ; which evidently contains the doctrin of obedience and subjection to princes , enforced on us by the authority of our saviour himself . having seen what the doctrin of our saviour was , let us now consider his practice : and we need not doubt , but our saviour lived as he preacht . he taught his disciples by his example , as well as by his laws . his life was the best comment upon his sermons ; was a visible lecture of universal righteousness and goodness ; and it is impossible to conceive a more perfect and absolute example of subjection and non-resistance , than our saviour has set us . when our saviour appeared in the world , the jews were very weary of the roman yoke , and in earnest expectat●on of their messias , who , as they thought , would restore the kingdom again unto ifrael ; and this expectation of their messias , whom they mistook for a temporal prince , made them very apt to joyn with any one , who pretended to be the messias , and to rebel ag●inst the roman government . su●h most likely were th●●d●s and judas of galilee , of whom we have mention , ast. . , . an● it is not impossible , but the egyptian , who led men into the wilde●n●ss , act. . either pretended to be the messias , or some fore-runner of him : to be sure , such were those false christs , and false p●ophets , of whom our saviour warns his disciples , mat. . . then if any man shall s●y unto you , lo , here is christ , or there ; be●ieve him not . this being the temper of the jewish nation at that time , so extreamly inclined to s●ditions and rebellion against the roman powers , how easie had it been for our saviour , had he pleased ; to have made himself very potent and formidable ? how easie cou●d he have gained even the scribes and pharisees to his party , ( whose great quarrel was at his meanness and poverty ) would he once have declared himself a temporal prince , and invaded the throne ? but he was so far from this , that when he perceived the people had an intention to take him by force ; and make him a king , he withdrew himself privately from them , and departed into a mountain himself alone , john ▪ . . and yet i presume there might have been as many plau●●ble preten●es to have justi●ied a rebellion then , as ever there were in any nation since . he had at that time fed five thousand men besides women and children , with five barly loaves , and two small fishes : and what a formidable enemy would he have been , who could victual an army by miracles , and could , when he pleased , conquer by the same miraculous power also ? this the people , whom he had miraculously fed , were very sensible of , and did hence conclude , that he was the prophet that should come into the world , and that it was time to take him , and set him upon the throne : but though our saviour was indeed the messias , yet he was not such a messias , as they expected ; he was not a temporal prince , and therefore would not countenance their rebellion against caesar , though it were to make himself a king. it is sufficiently known , that christ submitted to the most unjust sentence , to the most ignominious and painful death , rather than resist the higher powers , though he could so easily have called for legions of angels to his rescue ; but he went as a lamb to the slaughter , and as the sheep before the shearer is dumb , so he opened not his mouth : when he was reviled , he reviled not again : when he suffered , he threatned not , but committed himself to him who judgeth righteously . he rebuked peter when he drew his sword in his defence , and tells pilate the reason why he was so easily apprehended , and used at their pleasure , without any resistance and opposition , though he had been formerly attended with such crowds of his disciples ; because he was no temporal prince , and therefore did not require his disciples to fight for him , as other temporal princes used to do . iesus answered , my kingdom is not of this world : if my kingdom were of this world , then would my servants fight , that i should not be delivered to the jews ; but now is my kingdom not from hence , joh. . . which plainly shews , that our saviour's subjection was not matter of force and constraint , because he wanted power to resist ; but it was matter of choice , that which was most agreeable to the nature of his kingdom , which was not to be propagated by carnal weapons , but by suffering and death . and when our saviour has set us such an example as this , it is wonderful to me , that any , who call themselves his disciples , can think it lawful to rebel against their prince , and defend themselves from the most unjust violence , by a more unjust resistance . but there are few men , who are contented to follow christ to the cross ; they do not like that part of his example , and are willing to perswade themselves , that they are not bound to imitate it . and there are two things which i find urged by some men to this purpose , which must be briefly considered . . that it is no wonder , that christ suffered patiently and quietly , without resisting the most unjust violence , because he came into the world to die , and to make his soul an offering for sin. and how could so innocent a person die , but by the hands of vnjust and tyrannical powers ? and it was inconsistent with his design of dying for sin , to resist and oppose . this is the account our saviour himself gives of his patient suffering . when st. peter drew his sword in his defence , he tells him , thinkest thou that i cannot now pray to my father , and he sha●l pres●ntly give me more than twelve legions of angels ? but how then sh●ll the scriptures be fulfilled , that thus it must be ? mat. . , . and the cup which my father has given me , shall i not drink it ? john . . having thus concluded what the doctrin and example of o●r saviour was , about subjection to the higher powers , let us now consider the doctrin and example of h●s apostle st. paul ; not as if the authority and example of our saviour were not sufficient , of it self , to make a law , but stood in need of the confirmation and additional authority of his own apostles ; but we might justly suspect our selves mistaken in the meaning of our saviour's words , or in the intention and design of his sufferings , had none of his apostles , who were immediately instructed by him●elf , and acquainted with the most secret mysteries of this kingdom , ever preacht any such doctrine as this , of subjection to princes . and therefore to give you the more abundant assurance of this , i shall plainly shew you , that the apostles taught the same doctrin , and imitated the example of their master . st. paul has as fully declared himself in this matter , as it is possible any man can do by words , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god : the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . this is a very express testimony against resistance , and therefore i shall consider it at large ; for there have been various arts used to pervert every word of it and to make this text speak quite contrary to the design and intention of the apostle in it : and therefore i shall divide the words into three ge●eral parts . . the doctrine the apostle instructs them in : le● every soul be subject to the higher powers . . the reason why he proves and forces this doctrin : for there is no power but of god ; the powers that be , are ordained of god. whoso●v●r therefore resisteth the power , resisteth the ordinance of god. . the punishment of such resistance : and they that resist , shall receive to themselves damnation . . i shall begin with the doctrin , that every soul must be subject to the higher powers . and here are three things to be explained : . who are contained under this general expression of every soul. . who are meant by the higher powers . . what is meant by being subject . . who are contained under this general expression of ●v●ry soul , which by an ordinary hebraism , signifies every man ; for m●n is a compounded creature of body and soul , and either part of him is very often in scripture put for the whole . some●imes flesh , and sometimes soul signifies the man ; and when eve●y soul is opposed to the higher powers , it must sig●ifie all men , of what rank or condition soever they be , who are not invested with this higher power . popes and bishops , and bishops and priests , as well spiritual as secular persons ; the whole body of the people , as well as every single individual : for , when every soul is commanded to be subject , without any exception or limitation , this must reach them in all capacities and conditions . the design of the apostle , as you shall hear more presently , was to forbid all resistance of soveraign princes ; and had he known of any men , who might lawfully r●sist , he ought not to have exprest it in such general terms , as to forbid all without exception . had st. paul known the prerogative of st. peter , and his successors the bishops of rome , would he have written to the c●ristians of rome , to be subje●t to their emperors , without making any provision for the greater authority of their bishops ? the reason he assigns why every soul must be subject to the higher powers , is , becaus● all powers are of god ; so that whosoever is bound to be subject to god , must be subject to their prince , who is in god's stead . and this , i think , will reach the pope of rome , as well as any private christian ; unless he will pretend to have more authority on earth than god himself has ; for the prince has god's authority , and therefore cannot be resisted , but by a greater authority than god's . and , by the same reason , if the whole body of the people be subject to god , they must be subject to their prince too , because he acts by god's au●hority and commission . were a soveraign prince the peoples creature , that might be a good maxim : rex major singulis , sed minor universis ; that the king is greater than any particular subject , but less than all together : but if he be god's minister , he is upon that account as much greater than all , as god is . and that the whole body of the people , all together , as well as one by one , are equally concerned in this command , of being subject to the higher powers , is evident , from this consideration : that nothing less than this will secure the peace and tranquility of human societies : the resistance of single persons is more dangerous to themselves than to the prince , but a powerful combination of rebels is formidable to the most puissant monarchs . the greater number of subjects rebel against their prince , the more too they distress his government , and threaten his crown and dignity , and his person and authority be sacred , the greater the violence is which is offered to him , the greater is his crime . had the apostle exhorted the romans after this manner : let no private and single man be so foolish , as to rebel against his prince , who will be too strong for him ; but if you can raise sufficient forces to oppose against him ; if you can all consent to depose or murder him , this is very innocent ▪ and justifiable , nay , an heroical atchievement , which becomes a free born people : how would this secure the peace and quiet of the world ? how would this have agreed with what follows , that princes are advanced by god , and that to resist our prince , is to resist the ordinance of god , and that such men shall be severely punisht for it , in this world or the next ? for , can the apostle be thought absolutely to condemn resistance , if he makes it only unlawful to resist , wh●n we want power to conquer ? which yet is all that can be made of it , if by every soul , the apostle means only particular men , not the united force and power of the subjects . nor can there be any reason assigned , why the apostle should lay so strict a command on particul●r christians , to be subject to the higher powers , which does not equally concern whole na●ions ; for if it can ever be lawful for a whole nation to resist a prince , it may , in the same circumstances , be equally lawful f●r a particular man to do it . if a nation may conspire against a prin●e , who invades their rights , their liberties ; or their religion , why may not any man , by the same reason , resist a prince , when his rights and liberties are invaded ? it is not so safe and prudent indeed , for a private man to resist ▪ as for great and powerful numbers ; but this makes resistance only a matter of discretion , not of conscience : if it be lawful for th● whole body of a nation to resist in such cases , it must be equally lawful for a particular man to do it ; but he does it at his own peril , when he has only his one single force to oppose aga●nst his pri●ce . so that our apostle must forbid resistance in all or none ; for , single persons do not use to resist or rebel , or there is no grea● danger to the publick if they do ; but the authority of princes , and the security of publick government , is only endangered by a combination of reb●ls , when the whole nation , or any considerable part for numbers , power , and in●erest , take arms against their prince . if resistance of our prince be a sin , it is not the less , but the grea●er sin , the greater , and the more formidable , the resistance is ; and it would very much unbecome the gravity and sacredness of an apostolical precept , to enjoin sub●ection to private christians , who dare not , who cannot resist alone , but to leave a powerful combination of rebels at liberty to resist : so that every soul , must signifie all subjests , whether single or united : for , whatever is unlawful for every single person , considered as a subject , is unlawful for them all together ; for the whole nation is as much a subject to the higher powers , as any single man. thus i am sure it is in our government , where lords and commons assembled in parliament own themselves the subjects of the king , and have by publick laws disclaimed all power of raising any war , either offensive or defensive against the king. having heard what st. paul's doctrine was , let us now consider what st. peter taught about this matter : he had as much reason to learn this lesson as any of the apostles , our saviour having severally rebuked him for drawing his sword against the lawful powers , as you have already heard . and indeed his rash and intemperate zeal in this action cost him very dear ; for we have reason to believe , that this was the chief thing , that tempted him to deny his master . he was afraid to own himself to be his disciple , or that he had been in the garden with him ; because he was conscious to himself , that by drawing his sword , and smiting the servant of the high-priest , he had incurred the penalty of the law , and had he been discovered , could expect nothing less , but to be severely punish'd for it , it may be to have lost his life for his resistance . and indeed , this has very often been the fate of those men , who have been transported with a boistrous and intemperate zeal to draw their swords for their master and his religion , against the lawful powers , that they commonly deny their master , and despise his religion , before they put their swords up again . but st. peter having , by our saviour's reproof , and his own dear-bought experience , learnt the evil of resistance , neve● drew his sword more , and took great care to instruct christians , not to do so ; pet. . , , , . submit your selves to every ordinance of man , for the lord's sake , whether it be to the king , as supreme ; or unto governours , as to them that are sent by him , for the punishment of evil-doers , and for the praise of them that do well . for so is the will of god , that with well-doing ye may put to sil●nce the ignorance of foolish men . as free , and not using your liberty as a cloak of maliciousness , but as the s●rvants of god. this is the very same doctrin which st. paul taught the romans : let every soul be subj●ct to the higher powers ; for the same word is used in the original , and therefore to submit , and to be subject , is the same thing , which , as st. paul tells us , signifies non-resistance ; only st. paul speaks of not resisting the higher powers ; that is , emperors and soveraign princes , herein including all those who act by their authority ; s. peter , to prevent all cavils and exceptions , distinctly mentions both , that we must submit to all humane power and authority , not only to the king as supreme , that is , in st. paul's phrase , to the higher powers , to all soveraign princes , who are invested with the supreme authority ; but also to those who are sent by him , who receive their authority and commission from the soveraign prince . st. paul tells us at large , that all power is of god , and that the power is the minister of god ; and he that resisteth the power , resisteth the ordin●nce of god ; and therefore we must needs be subjest , not only for wrath , ( that is , for fear of being punisht by men ) but also for conscience sake , out of reverence to god , and fear of his judgment . this st. peter comprises in one word , which includes it all ▪ submit your self to every ordinance of man , for the lord's sake : for , how is god concerned in our obedience to princes , if they be not his ministers , who are appointed and advanced by him , and act by his authority , and if it be not his will and command that we should obey them ? and therefore he adds , for this is the will of god , that with well-doing , ( that is by obedience and subjection to princes ) ye may put to silence the ignorance of foolish men ; that is , that you may put to silence those foolish men , who ignorantly accuse you , as fond of changes , and troublesome and dangerous to government . but then , st. peter observing , that christian liberty was made a pretence for seditions and treasons , he cautions them against that also ; as free , but not using your liberty for a cloak of maliciousness ; that is , to cover and excuse such wickedness as rebellion against princes , but as the servants of god : you must remember whatever freedom christ has purchased for you , he has not delivered you from obedience and subjection to god ; you are his servants still , and therefore must be subject to those , who receive their power and authority from god , as all soveraign princes do . this is as plain , one would think , as words can make it ; but nothing can be so plain , but that men , who are unwilling to understand , and who set their wits on work to avoid the force and evidence of it , may be able to find something to say , to deceive themselves , and those who are willing to be deceived : and therefore it will be necessary to consider what false colours some men have put upon these words , to elude and baffle the plain scope and design of the apostle in them . as , first , they observe , that st. peter calls kings and subordinate governours an ordinance of man , or a human creature , and from hence they conclude , that kings are only the peoples creatures ; they are made by the people , and receive their power from them , and therefore are accountable to them if they ●●use their power . in answer to this , we may consider , . that this interpretation of st. peter's words , is a direct contradiction to st. paul , who expresly asserts , that there is no power but of god , the powers that be , are ord●ined of god ; but , according to this exposition of hu●an creature , or the ordin●nce of man , there is no power of god , but all pow●r is derived from the people . kings and princes may be chosen by men , as it is in elective kingdoms , and as it was at that time in the roman empire , but they receive their power from god : and thus st. paul ▪ and st. peter may be reconciled . but to affirm , that st. peter calls kings an ordinance of man , because they receive their ower and authority from men , is an irreconcilable contradiction to st. paul , who affirms , that they ●eceive their power from god ; that they are god's , and not the peoples ministers . now , though st. peter and st. paul did once differ upon a matter of prudence , it would be of ill consequence to religion , to make them differ in so material a doctrine as this is ; and yet there is no way to reconcile them , but by expounding st. peter's words , so as to agree with st. paul's ; for st. paul's words can never be reconciled with that sence which these men give of st. peter's ; and that is a good argument to me , that is not the true interpretation of st. pe●er ; for i verily believe , that these two great apostles did not differ in this point . . st. peter exhorts them to submit to every ordinance of man ; for the lord's sake ; which plainly signifies , that whatever hand men may have in modelling civil governments , yet it is the ordinance of god , and princes receive their power from him . for it is no act of disobedience to god , to resist our prince , nor of obedience to god to submit to him , if he does not derive his power from god , and act by his authority and commission ; especially in such cases , when he opposes the government of god , and the interest of rel●gion , and oppresses not only god's creatures , but his most faithful and obedient people , who are his peculiar care and charge : in such cases as these , if princes do not receive their power from god , they are oppo●●te and rival-powers , and we can no more submit to them for god's sake , than we can submit to a reb●l , for the sake of — that is , out of duty and loyalty to our natural prince . and therefore , when the apostle exhorts them , for god's sake , to submit to their king , he plainly supposes what st. paul did particularly express , that kings receive their p●wer from god , and therefore are god's ministers , even when they abuse their power ; and he that resists , resists the ordinance and authority of god. . but suppose we should grant , that when st. peter calls kings the ordinance of man , he means , that they receive their power and authority from men ; yet i cannot see what good this will do them ; for he plainly disowns their consequence , that therefore princes are accountable to the people , as to their superiors , and may be resisted , deposed , and brought to condign punishment , if they abuse this power ; as will appear from these two observations . . tha● he gives the king the title of supreme , who is above them all , and is invested with the supreme and soveraign power . now , the supreme power , in the very notion of it , is i●resistible and unaccountable ; for otherwise it is not supreme ▪ but subject to some superiour jurisdiction ; which , it is ev●dently known , the roman emperors , of whom the apostle here speaks , were not . and , . that he requires subjection to this human ord●nance ; which , as appears from st. paul , signifies non-resistance : so that tho' we should grant , that the king derives his power from the people , yet , it seems , god confirms and establishes the crown on his head , and will not suffer people to take it off again , when the● please . a seasonable admonition to our new dissenters . let us have a care of our zeal , that we may not mistake an earthly fire , which burns and consumes , for that divine and harmless flame , which is kindled at god's altar . a true zeal for religion is nothing more , nor less , than such a hearty love for it , as makes us very diligent in the practice of it our selves , and very industrious to promote the knowledg and practice of religion in the world , by all lawful and prudent means . a true christian zeal will not suffer us to transgress the strict bounds of our duty to god , or of our duty to men , especially to kings and princes , whatever flattering prospect of advantage it may give . to lye , to forswear our selves , to hate and revile each other ; to reproach and libel governours in church and state ; to stir up or countenance , with the least thought , any seditious practices against the king or government , is not a zeal for god , nor for religion ; for , this wisdom is not from above , but is earthly , sensual , and devilish ; for where strife and contention is , there is c●nfusion , and every evil work . let us be wary how we begin to entertain , or to whisper our discontents ; how we begin to listen to suspicions of our prince , or of his government , and to hear with pleasure any scandalous stories or reflections on either . god , of his infinite mercy , preserve our king and queen , and these kingdoms , our liberties , laws , and religion , from the wicked conspiracies of all our enemies . which is the last thing i shall recommend to you , to praise god for his preservation of our king hitherto , and earnestly beg , that the same providence would still watch over him for the time to come . let us bless god , and let us honour our king , and receive him with joy and thanksgiving , as a new gift and present from the hands of god. when we are heartily thankful for the mercies we have already received , this will ma●e our prayers more effectual for the continuance of them . o lord ▪ save the king and queen , who putteth their trust in thee ; send them help ●rom thy holy place , and evermore mightily defend them : let their enemies have no advantage against them , nor the wicked approach to hurt them . which god of his infinite mercy grant , through our lord jesus christ , to whom , with the father , &c. finis . the armies vindication ... in reply to mr. william sedgwick / published for the kingdomes satisfaction by eleutherius philodemius. philodemius, eleutherius. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the armies vindication ... in reply to mr. william sedgwick / published for the kingdomes satisfaction by eleutherius philodemius. philodemius, eleutherius. [ ], p. printed for peter cole ..., [london] : . place of publication from wing. reproduction of original in huntington library. eng sedgwick, william, or - ? -- second view of the army remonstrance. divine right of kings. great britain -- history -- civil war, - . a r (wing a ). civilwar no the armies vindication, wherein these five things are proved: first, that there is a supream and soveraign power alwayes residing in the peo philodemius, eleutherius c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the armies vindication , wherein these five things are proved : first , that there is a supream and soveraign power alwayes residing in the people , over and above kings . secondly , that all kings have been , and still are , subject to , and under law . thirdly , that the people have power , not only to convent , but to censure , depose and punish their kings for their tyranny and misgovernment . fourthly , that no nation is so strictly tied to any one form of civill government or law , but it is lawfull for the people to alter the same to another form or kind upon occasion . fiftly , amongst all formes of civill government , aristocratical or popular is best and safest for the people . besides , here is shewed , that to claim any crown by an hereditary or successive title , is upon a false and unjust ground . in reply to mr. william sedgwick . published for the kingdomes satisfaction by elevtherivs philodemivs . cor. . . but if thou mayest be made free , use it rather . printed for peter cole , at the signe of the printing presse , in cornhill , neer the royal exchange . anno . to his excellency , thomas lord fairfax , lord general of the parliaments forces , and the general councel of war . my lord and gentlemen , having spent some time in looking over the histories of nations , our own records , and statutes , with severall other works of statists , politians lawyers , i found that saying truly verified of solomon ▪ in much wisdome is much grief , and he that increaseth knowledge increaseth sorrow ; and what he afterward concludes of all his own works and labour , i observed to be most true in them , touching polities and civil government , behold all was vanity and vexation of spirit , and there was no profit under the sun . for indeed men have acted and written either in reference to princes , to humor and please their lusts and will , or like the unwise builder ( the blind leading the blind ) have built upon the sand , upon unsound bottomes and false principles . and therefore as christ in the controversie betweene him and the pharisees touching divorce , sends them back to the originall and first institution of marriage , and to the fathers of the first age of the world , as being the first and best pattern ; and paul to reform the abuses in the lords supper , cals them corinthians to the first institution . so there is no better way to have a common-wealth setled in peace and righteousnesse , then to look back at the beginning , when men walked by the exact and even rules of equity , justice , conscience , and kept the clear and plain principles of reason and nature : this is the land-measure and standard whereby the faulty measures coming after are to be corrected and amended . how this light first came to be less'ned , and then by degrees afterwards upon the matter quite extinguished in some kingdomes , and darknesse to break in , as soveraignities , monarchies , kings prerogatives , arbitrary power , regal immunities , crownes hereditary and successive , &c. ( all bloody and black characters of tyrants and conquest ) it is easie to be seen , and i shall shortly ( by the good hand of god assisting me ) give you and the whole nation good satisfaction . in the mean time i have thought good to publish this small treatise , and howsoever i question not , but your present work and way is clear to you , yet to the nation generally it may serve in some good stead , as to satisfie the weaker , confirm the stronger , informe the ignorant , and leave the wilfull and obstinate without excuse . for the man with whom i deal , i have nothing here to say , neither indeed would i have sayd any thing to his work , considering what for a man he is , but that i perceived it was in the mouth of some , much cried up , people it seemes , that are not able to put a distinction between wind and words , nor know any difference between rayling and reason . and now my lord and gentlemen , upon you at the present is the eye of the nation : you are as a city set upon a hil , all kingdoms about us , are looking on you , and great things are hoped for , and exspected from you , and this i must needs tell you , the cause of christ lies much now upon your actings , if you doe the worke of the lord negligently , unfaithfully , fearfully , oh my bowels doe yearn , and i tremble to think what dishonor will come to gods great name , what scandal and proach to the glorious gospel , what sadnes and sorrow too the soules of the righteous , and what tryumph and joy there will be in the tents of wicked men . but i hope better things of you , though i thus speak , i need not tell you how much you have seen of god , and how his powerfull presence hath gone all along with you to this present time , neither need i tell you by what a strong arm and a strange providence you have beene brought up to this work . but if you should now ask of me ( as the young man did of christ ) what lack we yet ? i would say , constancy and faithfulnesse to the end will crown , not only this , but all your former actions . methinks i could say more to you , then mordecai did to hester , who knowes whether thou art come to the kingdom for such a time as this ? we know , ( and blessed be god for it ) the lord hath made you his israels saviours , and by you hath wrought deliverance for his people , he hath put much glory already upon you , now therfore stand fast , quit your selves like men , you have the prayers of the saints with you and for you ; and for the enemies their defence is departed from them ; and the lord is with you , fear them not . but seeing the treatise is short , i shall not make too large a forespeech : i well remember your expression in the remonstrance , calling upon every man to contribute what help he can ; and truly there is all the reason in the world for it , that every one now should lay himself out to further so honorable and good a work . and for my part according to the small portion i have received i shall not be wanting in your vindication , but for the things by you proposed , and your prosecuting of them ; to wit , that the king may be brought to his tryal , the enemies of our peace punished , hurtfull laws nullified the peoples grievances and oppressions removed , freedom and liberty of conscience ( without danger to the state ) granted , & a better form of government setled , as i shall undertake the just defence thereof , so i shall shortly make it more manifest to the whole nation , that there is nothing in all things desired of you , nor prosecuted by you , but what is according to justice , reason , nature conscience , and what the lord himself doth allow and call for : in the mean time my prayer shall be for the blessing of god to be upon your labor , and his powerfull protection over your persons : sirs i am your honors devoted servant , e. p. to the reader . friendly reader , howsoever the proverb be true , he shall finde worke enough , that hath to do with the multitude , and t is a hard thing to please all ; neverthelesse i have undertaken this worke , in hope to satisfie all such , who are not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} absurd and unreasonable , but knowing men , moderate and impartiall . and confident i am , didst thou know how free i am , and disingaged in respect of any private interest , thou wouldst consider the more seriously what is here written , and reap the more profit by it . for my name , had i intended to have made it known , i could have set it down , and so have told it thee my self , but thou mayest perceive my meaning is to conceale it , and therefore thou needst not to enquire further ; onely thus much for thy satisfaction , i have purposely forborn it , that in reading thou mayest not have thy mind taken up with any thing but about the matter . i make account i shall save mr. sedgwick the labour , and all other royallists of replying , because i have in part don that my self namely collected all such objections as i conceive carry any shew of contradiction to the particulars here asserted , and shall very shortly set them forth with a full refutation . reader , the main businesse is liberty . liber captivus avi fere similis est , semel fugiendi si data est occasio , satis est : nunquam post illum possis prendere a thing desired of all living creatures , and therefore much unbeseeming man to strive for bondage . me thinks when j consider how the world hath been befool'd by kings , j could even weep and laugh , to see what tame asses men have been , to be ridden and beaten by them . but the lord is now risen up and doing his great work , throwing down and breaking to pieces the proud powers of the earth both civil and eclesiastical . it is good therefore thou consider where thou art , and what the place of thy standing is , he that hides himself under straw or chaffe will have small relief thereby when fire shall be put thereto and consume it . all powers and places in opposition to christ are but as dry stubble , which the lord is now about to destroy with the brightnesse of his comming . but i shall not hold thee up with any longer discourse , onely one thing i shall acquaint thee with , there are some faults escaped which i have observed since it was printed , and in some places greater then j wish they were , the which j could not help beeing out of town when it was don , and the badnesse of my hand may in part excuse the printer . and so j bid farewell till thou doe hear again from me . the armies vindication , in answer to mr. sedgwicks calumniation . what moves mr. sedgwick to shew himself such a bitter and cruell enemy to the army , and at this time to heat the furnace of his tongue seven times more then it was wont to be heat , may in part be gathered from the scripture set down in the title page : timot. . but they shall proceed no further , &c. but more clearly a little after , where he speaks of his sermon at windsor , overturn , overturn , overturn : mentioning withall mr. saltmarsh his message , depart from the tents of these unrighteous men : and mr pinnels admonition . the thing is thus , he hath deeply engaged himself concerning the armies ruin , and the safe return of the king and his posterity to their glory and greatnesse : and having with much confidence and boldnesse a long time thus affirmed , he begins now to fear , lest this should be added to his doomsday-prophesie , and so whilst he is lifting up himself , and intruding into those things which he hath not seen , his folly be made manifest to all men : to use his own words . hence he growes angry , and flyes in the face of the army , cals them dogs and devils , that their wayes are beastly , cruell , absurd , monstrous : men led by a dark and foule spirit , enemies to the spirit and to the crosse of christ , and much more to this purpose ; as if they would at his calumniations and slanders fall down before him , and give all up to him ; that so it might not come to passe , which he foresees already is at the door , and shortly will be in all mens mouths , sedgwick , the false prophet : god hath not spoken to him in these things , but he hath prophesied a lie in his name . oh that mr. sedgwick could take notice of the visible and senceable reproof of god upon him , that blindnesse hath happened to him in part , and professing himself to be wise becomes a fool , if the thoughts of the snare which he is fallen into , lay upon his heart , he would give glory to god , and with iob humbly say , behold i am vile , what shall i answer th●e ? i will lay my hand upon my mouth . once have i spoken , but i will not answer ; yea , twice but i will speak no further . iob. , , . the epistle dedicatory is as the rest of the pamphlet , invective and slanderous : thus he begins , you drive furiously over the necks of king and parliament , laws covenants , loyalty , priviledges , and no humane thing can stand before you . here solomons words are verified , eccles. . . the beginning of the words of his mouth as foolishnesse , and the end of his talke is mischievous madnesse . you found not any thing in the remonstrance looking this way , but expressions often to the contrary , and were you as charitably minded towards his excellency , and the generall councel of war , as you are to the malignant party , you had ground sufficient to judge otherwise : but howsoever god will ere long clear their innocency , and bring forth their righteousnesse as the light , and their judgement as the noon day , when by his gracious hand assisting them , our lawes , liberties , and priviledges shall be recovered , the which by king and parliament have been trodden under foot . but he tels them , the lord is here upbraiding your unbelief : and after pag. . the holy god will no longer suffer you to wear the name of saints and godly , but will discover you to be white sepulchres , and cause your rottennesse to come forth . but how may we know that the lord hath called mr. will sedgwick to this work , and that it is the spirit of christ speaking in him , and he the man appointed to poure contempt upon the army , and to trample upon them as morter : must we take it as granted , because he sayes it : what if the army should say in the words of nehemiah , and lo i perceived that god had not sent him , but that he pronounced this prophesie against me , for tobiah and sanballat had hired him . therefore was he hired that i should be afrayd , and doe so , and sin , and that they might have matter for an evill report , that they might reproach me . my god think thou upon tobiah and sanballat according to these their works , and on the prophetesse noadiah and the rest of the prophets that would have put me in fear . neh . , , . is there no ground for them to think , that the malignant spirit drives on his old designe here in mr. sedgwick , namely , to have the army disbanded : this hath been a long time sought after , and severall wayes attempted to effect it : but it seemes seeing all other meanes failes him , he now studies to make the army flye by a false prophesie , as if our worthy nehemiah and the rest , would give over the building through a needlesse and foolish fear . and indeed they have all the reason in the world to think that god hath not sent him : for the statutes of the lord are perfect , right , pure , clean , true , and righteous altogether : out of the mouth of the most high proceedeth not evill and good . where we find ( as in his writing is abundance ) contradiction , falshood , flattery , the wicked justified , the righteous condemned , evill called good , and good evil , darknesse put for light , and light for darknesse , bitter for sweet , and sweet for bitter , gosple truths and ordinances are scorned and derided , &c. there we may groundedly conclude , that such a one was never thereto called of god . but it seemes here to be mr. sedgwicks case , as it once happined to antonius , when he angled some dived under water , & put fish upon his hook , which he cast up and thought he had taken them . if i should lay his fish together in a heap , a man would soon perceive by the kind who put them upon the hook . for instance , look here good reader , out of what water is this fish taken , and what fish is it ? speaking to his excellency and the generall covncel of war , he tels them , it pleases me to pour contempt upon you , to be shod with scorn and indignation , and so trample upon princes as morter : if this be not the spirit of antichrist , then was it never in any man . but let us see how pope-like he sets his foot upon the neck of princes : destruction your practice , t is your work , t is your end , you cannot see beyond it , your faith understanding , god ( may i use your own words pag. . you lie grosly ) is sunk into your bellyes , and your rule your strength , your confidence is only in sensuall and brutish things , you act against god , and god against you , your soules loath him , and his soul loaths you . and of the whole army he saith , never were men caught in such a snare of the devil as you are : you are true to nothing , neither god nor man : your wayes are beastly , cruel , absurd , monstrous : you continue in armes against command of god and men , you are a company of deceivers and mountebancks , that talke of curing , saving , delivering , but all wast , spoyl and destroy the people . you are gone from all principles of goodnesse , from the lord to the world : you are become through blindnesse and ignorance enemies to the spirit , you love not the life of christ , you know not the mind of god , neither have any communion with god : amongst you is the greatest enmity and malignity to the spirit of god , and the greatest pride , hypocrisie , self confidence , and spirituall wickednesse : you are manifestly guilty of the present oppression upon the poor people , and the intollerable burden of free-quarter , and unreasonable taxes , you exspect the king should turn , not to god , but to your form of religion and government , and cannot count any thing a change , but yeelding to your way , which if he should , he should be seven times more the childe of the devil . you are tugging and pulling down the kingdom in pieces to satisfie your self with dominion : you hope for nothing , but for deceit , falshood and treacherie : you speak evill , but cannot speak good : you never spake any good of the king or any other but in scorn . here is some of the fish which mr. sedgwick hath cast up : we need not to describe them , they shew themselves what they are , and the black lake out which they are taken . but is this mr: sedgwicks voice , oh poor man , truly i pitty thee ; and howsoever no rabshekeh , ishmaelite , or shimei , could hardly have uttered greater slander and more falshood , yet considering the temptation thou lyest under , and what a depth of delusion god hath suffered thee to fall into , thou art rather to be pittied then punished . michael the archangel durst not bring against the devil a rayling accusation ; but you durst raile at the people of god , and charge them with notorious untruths , but take heed , lest the strength of that prayer reach you . " let the lying lips be put to silence which speaks grievous things proudly and " contemptuously against the righteous . psal. . . because i am willing that the army should take notice what mr. sedgwick writes , as well for them , as against them : thus he charitably expresseth himself at first : your eternall state is sure , t is your present wandrings that are here condemned . here is some comfort for you souldiers : but will he stand to this ? not all , for presently with the same mouth ( not minding what he had said ) he puts them all out of heaven , and out of all hope of salvation , and shuts them up in the bottomlesse pit ; and this with as much confidence and certainty , as if god had revealed to him what their future state should be : le ts hear the sentence against the army . the lord ( saith he ) appoints you a portion with hypocrites and unbeleevers , where shall be weeping & knashing of teeth . again , pag. . if you adhere to that you have proposed , you forsake your own interest , and espouse the devil , the god of this world , the destroyer , and will perish with him . what their eternall salvation sure , and yet may perish with the devil ? this is no true light , the spirit of god witnesseth otherwise . but again , pag. . you are cursing , dividing , and so are in the kingdome of darknesse , and of the devil : and often , you are no saints . pag. . . and in pag. . he passeth a finall doom , where he saith ; " you are reserved to be punisht from the presence of " the lord , this is your second death . as this vain and rash judging of his , shewes by what spirit he is led , so it is not worth the answering ; only it bewrayes great weaknesse and darknesse in him , and that he is not himselfe : for who but mr. sedgwick , or a man under such distempers , would write so vehemently as he hath don , against the army ( of which more in its place ) for rash judging of others , wheras i dare clearly affirm , there is hardly a precedent of any one man that fell so fouly and grosly in this very thing as he himself hath done . turpe est doctori cum culpa redarguat ipsi . for his perverting of the scripture phil . . . scandalously applying it to the army , i mind it a thing in him neither new nor strange : for the rest of his works shew what a proper gift he hath to wrest and abuse the sacred word of god ▪ yet not to passe over the place altogether silent , there seemes to be something here which is close and hid : wherefore is phil. . . quoted , and commented upon ? it is to make the army contemptible and odious : paul saith many are enemies to the crosse of christ , &c. ergo , the army . it was a cunning devise of nero when he hurled the christians to dogs , seeing the mastives would not touch them , to clad them in beares skin , to kindle the fury of the dogs that they might take them to be beasts and not men . i will not say it is a studied plot of mr. sedgwick , but outwardly he doth nero like : he sees there are no swords drawn against the army , gods former power and presence with them ( howsoever he often jeeres at it ) hath by this time convinced the enemie , so that he hath no minde unto any new ingagement : but what doth he now ? seeing the mastives will not touch them , he will clad them in beares skins , make them vile and odious , say , they are rebels , traitors , theeves , murderers , even the vilest and worst of men ; and thus he will kindle the fury of the dogs , that is , have the army to be taken not for men , but beasts , and so they shall doe god good service , whosoever destroyes them . but this will not do it , nor help to bring about your prophesie . thou shalt hide them in the secret of thy presence from the pride of man , thou shalt keep them secretly in a pavilion from the strife of tongues . psa. . . let us hear what followes . t is not only men that suffer from your violence , but the lord : you are gon so far in dissolving the foundations of government that you reach to the lord . these miserable broken powers are now the lord . a man that wants distinction , thrusts all things confusedly together . but to answer , first , is the punishing of bad governours a dissolving the foundations of government ? doth a phisitian destroy the body by removing of corrupt and filthy humors from it ? secondly , howsoever there is no power but of god , yet may people change the kind of powers , nullifie some lawes and ordinances , and take others up ; and not come neer the bowels of the lord , neither act any thing that is unlawfull . it is an unquestionable truth , that monarchy , democratie , and aristocratie , are the powers of god , each in is self a lawfull form of goverment : and it is as unquestionable , that so the case may be , as the use of one may be laid aside , and another set up , and god much seen and honoured in the change . in saying , these broken powers are now the lord : not the lords power : we understand your phrase , and your godding of all things , but it is a matter out of our way , and therefore i will not turn to it . howsoever mr. sedgwick in speaking against the army , his teeth are speares , and arrowes , and his tongue a sharp sword , yet for the king and his party , th words of his mouth are smoother then butter , and softer then oyle : oh , he is carefull to deal gently with the young man , and no marvail , he sees much beauty in absolom . the king and parliament ( saith he ) cry unto god in their distresse : and quotes isa. . . to be the words of their prayer , and presuming that he knowes the mind of god , peremptory concludes , that the lord ownes them , and will hear " their cry and deliver them . here reader thou art given to understand , that by the parliament he meanes such members as are now in the hand of iustice for raysing a new war , and other treacherous plots tending to the ruin of the whole kingdome : the owning of the king and them , is as much to say , that god will countenance and justify all their falshood , unfaithfulnesse , murders , or what else it be that the army hath to object and prove against them . but mr. sedgwicks prophesies are not yet received amongst us above scripture . we beleeve in our hearts , and confesse with our mouths , thou art of purer eyes then to behold evil , and canst not look on iniquity . thou art not a god that hath pleasure in wickednesse , neither shall evil dwel with thee . vain glorious fooles shall not stand in thy sight , thou hatest all workers of iniquity : thou wilt bring to perdition them that speak a lye : the man of bloods and of deceits iehovah doth abhor . what you lay to the armies charge pag. . i know no man to whome the words more truly may be applyed then to your self . in this work you manifestly shew , that you have deeply revolted , and that after you had escaped the pollutions of the world , you are again entangled therein and overcome : and with the dog returned to your own vomit : you have been exalted to heaven , and are brought down to hel . doth it not bewray a man greatly fallen from god , and what he had is taken from him , even his wisdome , largenesse , goodnesse : having been formerly zealously earnest against sin , and a professed enemy to all unrighteousnesse of men , should afterward undertake to defend the grossest and vilest wickednesse , plead for it , yea , rail at such , and reproach them as do appear against the same , that it may have a just and condign punishment . i hope the lord by this meanes will open their eyes , whom you have bewitched , giving out that your self is some great one , the great power of god . truly unlesse there be a strong delusion {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the strength of delusion , or strongest impressions of error fastened upon their mindes : if there be not ( i say ) an infatuation and besottednesse upon them , joyned with such a pertinacy and stiffenesse , that howsoever mr. sedgwicks doctrines are palpable errors , and such as may be felt , yet they will adhere to him , there is enough in this ( we will not mention his other good works ) to let them see , what he cals light , is darknesse it self , and speakes against the mind of god , as clear as the sunne that shines at noon day : for that bold assertion god will deliver them , the time shortly will shew it , but howsoever for you to be found an untrue speaker , it is a thing now so common and usuall with you , as it is not admired at , such is the hand of god now against you . having ended with the epistle dedicatory , we come now to the book , which hardly admits of any division , or laying out into parts , because the whole contains little else but bitter invectives and grievous accusations against the army ; and howsoever there is scarce a leaf but some charges or other against the army are in it , yet all is one thing often repeated . the matter of charge in one word is apostacy , that his excellency and the general councel of war in their present acting are deeply revolted , with this he begins pag . but let us see the ground work upon which he builds , the reason wherefore he chargeth them with backssl●ding ; it is because the army remonstrance cals for justice and judgment , to have the land purged of innocent blood , and that there may be such a peace setled on earth amongst men , as may be to the glory of god on high : at these proposals he takes exception , blots much paper with foule aspersions against the army for framing them , seeks with great swelling words to affright them , and to hinder them from prosecuting so just and necessary a work . i confesse if the army were turned royalists , so basely revolted as he acknowledgeth himself to be pag. . and were cast back into such blindnesse , as to make " the " king glad with their wickednesse , and the princes with their lies , as he doth , ( to his shame be it spoken ) they had no need ( following such a cursed principle ) to carry forth the worke of the lord any farther : but they dare not shew themselves such broken reedes , wandring starres , light and unconstant , neither frame their tongues to such flattery , might they gain the whole world . besides it appeares by his writing , that outwardly he can be any thing , and every thing , apply himself every way , and so cares not what oppressions be laid upon mens persons , state , consciences , nothing can reach him : but others truly fearing god , abhor such crooked wayes , and know that by the law of god , nature , and nations , they are bound to seek freedome in a just and fair way for their bodies and souls : and therfore the apostacy fals on himself , and he is become like one of the foxes , in the prophet , who hath seen a vain vision , a lying divination , saying , the lord saith , albeit he hath not spoken : with lies making sad the hearts of the righteous , whom the lord hath not made sad ; and strengthened the hands of the wicked , that he should not return from his wicked way , promising him life . but mark , mr. sedgwick , what the lord speaketh concerning such prophets . my hand shall be upon the prophets that see vanity & divine lies , they shall not be in the assembly of my people , neither shal they be written in the writing of the house of israel , neither shall they enter into the land of israel . in pag. . having laid some disgrace upon the remonstrance , he proceedeth to shew them the evil , and folly of their principles , and with such plainnesse as the wise and soberer sort of them shall be convinced , the rest condemned in themselves ; and to satisfie the readers expectation , he takes in hand , the first part of their preamble ( as he cals it ) which is the armies tender regard to the freedome and liberty of parliament : his answer to it is this , that they deal deceitfully with the world , conceale their own principle , which is , that the powers of the world are to be broken , the parliament is one of the powers of the world , and that they are called to break it in pleces , and upon this ground they know they act . cocks feeding on garlick overcome others ; but how ? with ranknesse of breath not strength , if a man should here fly , it must be for the smell , not the matter : for first , it is untrue that they hold such a principle , neither do they act upon , the ground he mentioneth . secondly , their former practise is a cleer proof to justify what they say , for had they not been tender this way , they might have prevented a great deal of their own sufferings , and not been so long under severall grievances . thirdly , at this time there lay a necessity upon them to move , for otherwise they had not been faithfull to god for the power put into their hands , neither had answered the trust of the people , who continually besought them in all parts of the land to prevent their slavery and bondage which was ready to break in , and so all their former expences of blood and goods , vainly spent and wasted . fourthly , it is so far from their thoughtt to break the power of parliament , or to think they are called thereto , as their greatest studie and endeavour is , how the parliaments power may be best improved for the common good of the people , and every ones interest . whereas in the remonstrance it is declared , that things are brought to the utmost crisis of danger , and also shewed how , and by whom : his answer is , t is true but you make an ill use of it . for the rest , he tels us his dream of two in the kingdom , the one our life , and a wicked one , which is wrath . as there is nothing in it , so there needs no answer , onely because i guesse what he would have said , a word thus : the more we depend upon a wise phisitian , the more will we observe his directions , and be the carefuller to use what he prescribeth : so every godly man the more his trust and dependance is upon god , the more he will serve gods providence in the use of meanes , and not only the ordinary , but as the remonstrance well notes it , upon publike necessity or extremity goe further , yet so , as good cautions be duly observed . this point is excellently set forth in the remonstrance , pag. . . . and mr. sedgwick was so wise as seeing the strength thereof , to let it alone . next , he chargeth the arme , with wofull feares , and why ? because they say the publick affaires cals upon every man to contribute what help he can . it doth not not alwayes argue fear to call for help in danger , neither is all fear simply unlawfull . but his answer indeed is wofull . vain is the help of man : it is to offer help to a wicked world , cease ye foolish men , &c. we have not onely precepts for the lawfulnesse to call for others help , but the saints in all ages have practised it before us : for howsoever mans help is vain rested in , yet god gives in power to the creature , whereby succour and deliverance is obtained ▪ again the worse the world is , the more need there is of help , that enormities and abuses may redressed , and righteousnesse , truth , and peace restored . but mr. sedgwicke councell is if a man see his house a fire , not to move or seek to quench it , but leave it alone till it be burnt down to the ground : because they say in the remonstrance , and seeing no effectuall help from else where to appear , he takes them sharply up , your curse is not to see when good comes , we see salvation is nigh , god a present help , &c. and afterward ( but somewhat closely ) we have the salvation and help told us , what it is , to wit the treaty . first , that which he cals good we know to be evil : it was as the forbidden fruit , pleasant to the eye of some , and a thing to be desired , but death went along with it : for the treaty , we know the bottome of it , and its rise , in what shop is was forged , the dependences upon it , the drift and scope thereof , namely to bring about a malignant plot , to destroy the usefull power of parliament , the right and priviledges of the subject , to exempt the grand incendiaties from punishment , to suppresse the free exercise of true religion and power of godlinesse , and to subject mens consciences to humane ordinances . for the good therefore of the treaty it s only extended to him , and such royallists as should enslave themselves to the will and lust of princes , as for consciencious of men , it was to deprive them of peace , comfort , and safety . secondly , whereas he saith , you are blind and cannot see the lord an effectuall saviour . this is not so , for they doe see god to goe all along with them , and in every undertaking have large experience of his power and presence . lastly , for the curse you may take it home , it is yours not theirs , for were you not blind , you would see god , where he appeares , and powerfully shewes himself in his administrations , and not publish such vain and ridiculous visions concerning the king , as gives occasion to some of laughter , to others of teares , and to all , of pit●ying and bewayling your folly and blindnesse : but i spare you . it followes in the remonstrance , in conscience and duty to god and men , we hold our selves obliged , &c. in answer to this he saith many words , the summe in short is this , that they are not upon a sure foundation , nor dare they come to a strict examination of their own ground : kn●w not which of these two to take , for their principal god or man , with severall other reproaches . the beast bonosus not being able to defend himself with his horn , poysoneth the dogs with his dung . nothing have we yet met withall in his writing , but either unsavory meat , or swelling words , and large accusations without proof . i answer , first , they are upon a sound foundation , and for the ground of their undertaking this work , they did examine it , and find it to have a sound bottome : not hurried blindly upon weak passions of fear , jealousie , necessity , &c. but grounded on a clear call from god and men . have ye not read what david did when he was an hungred , and they that were with him ? if david and his followers in necessity , and to save their lives , did that which was not according to the letter of the law . exod. . . . levit. . . & . . yet according to the intent of the law : for the ceremoniall rites were to give place to moral precepts . without all doubt , then in greater necessity and extremity , as when it is not only to save mens lives , liberties , priviledges , but religion and the true worship of god : if men act not in some things according to the letter of humane law , yet the intent of the law is observed , which is the safety and good of the people . if a man have maliciously set his house on fire , i may lawfully break in and quench it , if i can ; if not cast it down : duty and conscience puts me upon it ( yea , though i have no leave or permission ) if my self and others otherwise should suffer . . as we are to do good to them that hate us , love our enemies &c. so also to endeavour that justice and judgment may be executed on evil doers , and so doing we are not the lesse godly and spiritual men . . what some of the army have told him it comes not here into consideration : neverthelesse , if nothing were told him but what he relates , there is nothing in it to the matter he brings it for . . it is his mistake to think that it is to decline the perfect way of christ to go the waies of the heathen : for so far as the gentiles were righteous , just , sober , faithful , we may and ought to walk the same way with them . . though we must live under law , submit to governours and be subject to them , neverthelesse we know that all governours likewise are under the same law , and some lawes of men are prejudicial and hurtful to the people , and therefore when god by providence , puts in a fair opportunity for the suppressing of evil magistrates , and redresse of bad laws , the mercie should be improved with thankfulnesse . . for the example of phinehas , you did well only to name it and let it passe : for indeed 't is beyond your measure to take off the strength of it . this we learn from it . . zeal of justice in the cause of god , is a means to procure gods mercy to man . . the lord justifieth and rewards men , for the zeal of his glory , though in the carying on of the work there be some breach of rule or order : phinehas was but a priest's son , no ordinary magistrate , nor proceeded he with the malefactors judicially , neverthelsse ( carried forth by the mighty power and presence of god ) thrust them through suddenly , and because this might seem blame-worthy in the eyes of men , and might procure much il will , considering the persons whom he killed , the man being a prince in israel , and the other a princes daughter of median : therefore god himself gives witnesse , saying phinehas hath turned my wrath away from the children of israel , while he was zealous for my sake among them , that i consumed not the children of israel in my jealousie . in the last place , reader thou art to take notice how mr sedgwick hath not yet forgotten his mother romish tongue ; i pray thee ask of him where he learn'd to say saint paul , what ! mr. sedgwick to speak in the speach of ashdod , not the names of baalim yet out of his mouth ; i verily thought the power of god in the new covenant had taught him to say ishi , no more baali ; we will therefore only leave out the word saint , and paul's words may wel be applied to him , you walk as a man , are you not carnal ? speaking in the remonstrance , how that rule of , salus populi suprema lex , is of all others most apt to be abused : he puts it off with a few bad words , calling them , a company of deceivers , and mountebanks , adding god is only the salvation of the people , the which thing howsoever true , yet impertinatly brought in : unless he means that men should neither eat , drink , labour , &c. because the lord is their salvation . next he finds fault with them for two or three pages , telling them , you are triming your way to seek love ; his answer to these . or . pages is , abusing the words of solomon pro. . , . to vent out a great deal of wrath and rage against the army , you are gone from all solid principles of goodness : fly from one secret place to another to hide your selves from shame : you eat up king , parliament and people to satisfie your carnal love of safety ; while you think to make your selves more vendible , you make your selves more abominable : this is all , and what thinkest reader , hath he not reached home to these otht other pages ? a thing look'd upon under water , howbeit streight , smooth and fair , yet standing so it , seems crooked , rough , and deformed : so when a man looks upon another through the water of ill-wil and prejudice , his wisdom shall be taken for folly , zeal for madness , sincerity for hypocrisie , justice in him called cruelty , in a word , whatsoever he saies or does , spider-like it is turn'd to poison . now follows no more addresses to the king , and how the parliament turn'd to the course of a personal treaty . concerning this , first he saith , you do in favour to your selves , abuse the parliament , and in most things accuse others of those things that you your selves are guilty of : it is a full charge ; but where is his proof for this ? how doth he make it good ? here he useth the common practice of false accusers , but i shall leave that to some other pen : and why not the falshood as wel ? . whereas in the remonstrance the instability of the parliament is shewed , and the evil practices of the king's partie : here he saith , they are too harsh and without any molifying oyl , &c. first , 't is cleer to every man that hath sence , that mr. sedgwick is not sometimes at home to take an account of his own soul ; he taxes the army as over harsh & too large in opening the faults of others , whereas , he ( pitiful man ) hath written six or seven sheets and all for the most part are accusations against the army , and the grossest and vilest that can be , aggravated to the highest . . that the parliament for their sins are scattered and broken : this in part is true , to wit , such members as turned aside to their crooked waies ; the lord hath led them forth with the workers of iniquity : but peace shall be upon the rest . . that the whol kingdom is full of discontent against them . i beleeve t is so , and more discontented will they be when they shall more cleerly understand , their particular treasons , and bloody designs , in joyning with malignants , & their under-hand plottings to raise up farraign and domestick forces to destroy the army and the wel-affected through the kingdom . . that the king's partie are strugling to get from under their intollerable afflictions , but cannot . no marvail , seeing they grow worse and worse , and like mastives are the fiercer for their chain : and you mr. sedgwick seek to increase their miserie , by your daubing with untempered morter , prophesying peace and safty to them , and that their deliverance is at hand , ( and you know who did so ezek. . ) by which means they are hardened , and so fatted for destruction . . to that which you say of the army , that they are not like the good samaritan , but are as flesh flies , or the man possessed with devils , seek the lands ruin to the furthest . as the lord hath hitherto spoken for them , cleered their innocencie in spight of hell , and maugre all the powers of darkness ; so he will in this present work be a witness for them , and make it manifest to the world ( by setling a wel-grounded peace ) what they have desired , fought for , and sought after , and what hard things they have suffered for the good of the nation : the righteous shall see it and rejoyce , and all iniquity shall stop her mouth . we have next , his story , and 't is a wofull one . first he saith , once our king and parliament , or people , lived quietly and lovingly together , imbraced in the arms of divine goodness , prospered together as husband and wife . when was this once ? it is so known an untruth what he speaks , as i need not say any thing to it , onely wish him hereafter to pray with david , set a watch ( o lord ) before my mouth , keep the door of my lips . i could multiply instances of the continual dissentions and differences between king and parliament , from the beginning of his reign down al along to this present parliament : and for the people , such as were most sincere and pious lived not quietly and lovingly together with him , but suffered extremly under him , even to the spoiling of their goods , imprisonment , banishment , and some losse of life : and this only for the truth sake . . in calling the king husband , and the parliament wife : as the former was false , so this is foolish . and ly is that true , that the army have alwaies lusted after the royal bed : what ? alwaies , how are they then deeply revolted and turn'd back to the world ? in pag. . you say , they have been led up into the high things of god , and did all things in the spirit of god . but i shall not presse it further . . i perceive you are a stranger to the ground-work of the treaty , 't is too wonderful for you , and therefore have stated the thing amisse ; it was to advance the king's party , stop the course of justice against capital offenders , that such as had notoriosly cheated the kingdome might not be questioned , the people brought again into their former bondage , such as would not , nor could in conscience submit to their church-government and other forms might be suppressed , and under the name of sectaries banished the kingdom . lastly you say , there is a blessing in this treaty , destroy it not : & tell us how the lord will come in as a thief in the night , and steal away the evil . i answer , you may see the lord is already come in , not in the night , but at noon-day , and hath discovered the deceitfulness of it , the snare is broken and we are escaped , and blessed be the lord who hath not given us as a prey to their teeth . mr. sedgwick is now come to examin their reasons given in against the treaty , and here he finds sundry faults ; first , because they would make their own and the puplick interest to be one . answ. . howsoever such as have engaged for the publick , are in some things to be considered apart , and so their particular safety to be provided for : yet doth it not follow that they have therefore no interest in the publick , or what is offered to us by them is not the publick , but their own particular interest ? . i do not well know what he means by generally the people of the land ; if he intends the king's party , all papists and other malignants , i confess they go not with the remonstrance , but desire rather to see all things in the condition they were in before these wars began : but for others ( and this is properly the publick interest ) they are one with the army , holding fast to their first principles , namely , to be free from all arbitrary and tyranical power , whether in king or parliament , to enjoy all their rights , priviledges , and liberties , to have all hurtful laws and customs removed , not to have their consciences lorded over by any ; to have justice done impartially upon offenders , and such a government to be established as most tends to a publick peace and safety : and therefore whereas he saith , these devised things you propose , the people know them not , affect them less than they know them : unless by people he mean royallists , delinquents , malignants , and other treacherous plotters and their adherents , it is not true : for the publick doe desire them , call for them , and have a long time contributed their estates and engaged their persons in hope that these things would at last be procured . his second exception is , because the remonstrance propounds , that all power should be in the hands of the parliament , and that to be certain and in the hands of a subordinate officer to call &c. there is a great deal here left out , which makes the matter more full and cleer , but i let it passe , let us consider his reasons against this : it is to throw down a king and lords , and to set up the people . ans. . the exorbitances and abuses of kings and lords may be taken off , and yet their persons remain , and as much power left them as is their due . . the rights and liberties of the people are above the places of princes : for kings ( if duly chosen ) were set by the people for the better enjoying of their rights &c. and therefore there is still in the people a standing power to alter their former choise , and course of chusing if they se another way to be better for them . . if by setting up of the people , he mean the exercising of that power which god hath given them , in changing one kind of government and setting another more safe and profitable for them , it is well proposed : as he that helps a man ( being unjustly thrust out of his possessions ) to set him into his own again , is no way blame-worthy . . he saith , should you not rather propose , that all power , dominion and reign should be given to the lord ? i must ingeniously professe here is a riddle , and i understand it not : but good sir , in your next , tell us what power or dominion is taken from the lord , in seeking to have good laws established , righteous judgment executed , enormities removed , righteousness and peace practised amongst men . we have nothing more in his answer , but much harsh and bitter language . it is said of lewes the eleventh , he had a conceit , that every thing did stink about him , all the odoriferous perfumes and fragrant savours they could get could not ease him , but still he smell'd a filthy stinch . it much grieves me , that mr. sedgwick hath so ill an opinion of the army , that how precious and sweet soever their proposals are , yet all to his thinking is dung and trash . a third exception is , and a fault which he finds in them , that they all along carry the interest of the publick in opposition to the king's . here he makes a tedious and long discourse , and multiplieth words without knowledge : first he saith , the publick hath its interest in the king , and the king his interest in the publick . there is so much said in the remonstrance , from page . to . that if he had duly weighed and considered the same , he would not have written as he doth . it is not the army as sword-men that have cut the knot in pieces and divided them , but indeed ( as it is there abundantly proved ) the king's il courses , it is of himself that the union is dissolved , and he wholly lost his interest in the publick : for further satisfaction herein , i refer the reader to the book ; and mr. prin's charge against the king : and the several remonstrances and declarations of parliament to the same purpose . . to omit his godding again of the creature , he tels us , how god is the god of kings more than of common men , assuming their titles : kingliness agrees with all christians : it is a bastardly religion that is inconsistant with the majestie and greatness of the most absolute monarch . ans. . take notice reader that in all this , there is not one word which relates to the matter in hand . . as the lord honoreth good kings , so he is terrible to wicked ones , cuts them off and powres out cuntempt upon them . . howsoever we grant that true religion is not inconsistant with monarchie , yet we know , and experienee shews it , that there is no kind of civil government more averse and opposite to the kingdom of christ and lesse helpful to it than monarchie . for the rest , which is the gathering all into one god and man into one person , god and the king into one person : to mention it , is conviction enough . a fourth fault which he finds with them is , in putting all the enmity against godliness and the power of it on the king's part , and charging it upon him as his interest , and assuming all religion and godliness to themselves . here first of all , he makes a large discourse in praise of himself , and speaks much in his own behalf as the like i never observed in a man truly fearing god : it is personal and therefore i passe it over : yet so , as i wish him hereafter to remember that counsel of solomon , let another man praise thee , and not thine own mouth , a stranger and not thine own lips . it was their custom at the olimpick games , that the winner should not put the garland on himself , but some other was to do it for him . now to the answer , which is very large , but summarily thus : a justifying of the wicked , and condemning the righteous . touching the army he saith , their wayes are dark and slippery , crying up the lord the lord , when they do the works of the devil , they have not the power of godliness : and for the king's party , they do not oppose them for purity , and are in their principles more righteous than they , and many of their persons more sober , patient , loving , gentle , yea , more knowing in the things of god than they . he further tels them they are led to the destroying of others , as righteous as themselves , and are kept off from the sight of their own iniquity : next he mentioneth rom. . , . and matt. . . and hereupon sharply reproves them for accusing of others , and whilest he is speaking it , accuseth them to go besides all law and right , to set up will and power , that they shed the true innocent blood of christ , spoil the temple of god , harden their hearts to pride , malice , and wicked insulting over their brethren , and much more to this purpose : then speaking of the king , he saith , they persecute him whom the lord hath smitten , and he is the apple of gods eye , and that god hath declared ( and so much they know ) rich mercie to the king and his partie in his book called the leaves of the tree of life . thus reader i have in brief given thee a true accompt of all that he hath written from page . to page the . i shall here only in short take some few observations and so go on . . what a bold challenge that is , page . where he chalengeth the whol earth to accuse him of any injustice to god or man : now can there be greater injustice , than to charge gods people with manifest falshood and untruth : thine own mouth condemneth thee , and not i , yea , thine own lips testifie against thee . i hope i may without exception or offence use his own words , page . you may reade your description excellently pen'd long ago , tim. . speaking lyes in hypocrisie . . is it not also great injustice to god ( if not to prefer , yet ) to equalize satans working in wicked men , with the spirits working upon the souls of the saints . . what sober , considerate , or wise man , as he is reproving another for rash judging and uncharitableness , would at the same time shew himself so uncharitable and rash in the very same thing , as there is scarce a president or example before of the like . . is this mr. sedgwick's justice upon the armies remonstrance ; when there is a true report made of the king's grievous crimes and miscarriages with his partie , not having any thing at all to gainsay the truth of the relation , to vilifie and reproach the reporters ? . in sending us to his book , we take good notic of it , and what he there saith of the rich mercy to the king and his party : and from it do observe , how extremly he is carried away with vain fancies , and publishing idle dreams to the world : the spirit speaketh expresly clearly and with fulness of certainty , which evidently demonstrates that in these things he speaks not by the spirit of god , seeing his words fall to the ground . in page . he begins to take into consideration some grounds laid down in the remonstrance why the king is not to be received again to peace , nor restored to his office and dignity , and promiseth to let them see how much their injustice is against god and themselves in that which they profess for justice . . saith he , you insist upon this pag. . god hath given him so cleerly into your hands to do justice , and afterward god hath given a double judgment against him &c. and pag. . god makes hast to judgment and hath appeared at a severe avendger . to this his answer is , the king is the greatest sufferer in the kingdom ; hath god judged him ? and why wil you not submit to his judgement ? will ye take it out of gods hand ? when did god chasten or judge men , then give him to men to chasten again ? or when did gods people fall upon punishing after god hath done it ? is god weary or remisse , that you would have men take it into their hands ? ans. it is a bad consequence because a man hath bin a great sufferer , therefore , no more should be inflicted : god punished phaeraoh many wayes and greatly too , yet he hardening his heart had afterward , heavier sorer and deeper plagues . . men in the execution of justice upon offenders , take not judgment out of gods hand , but rather indeed are gods hand in the work . . when god gave in a witness against acan , that he had troubled israel , howsoever that was a divine punishment upon him , yet did the people afterwards stone him to death , and so the lord turned from the fierceness of his anger . . what weariness or remisness in executing judgement do men impute to god , who having by his providence cast into their hands a principal offender , if they according to his desert proceed to justice against him . the truth is , in his answer there is not one word that comes directly home to the matter for which he brings it . secondly ( he saith ) you argue page . no remorse appearing proportionable to the offence : if that could be seen , you would regard it with a proportionable tenderness towards him . again you say , there is no change of heart , no repentance , no free nor full yeelding to all the parts of a publick and religious interest . this he refutes thus , herein you destroy and deny that free mercy of god upon which you have lived a long while , manifest that your profession of the gospel was indeed but in letter , not in power : god loves first before we can , but you must receive good before you can give , you know not the heart , nor can you judge of the kings principles , they are too high for you , if he should turn to you he should be but seven times more the child of the devil . howsoever mr. sedgwick for his own turn , takes some broken pieces of the remonstrance and toucheth not the strength of the matter , yet so much he takes out as he cannot answer . but to the point , . it is agreeable to gospel truth , and walking in the power thereof , for saints upon just occasion to lay open the unrighteousness of men , and to endeavour that punishment ▪ may be inflicted , whether it be in an eclesiastical or civil way . . observe the loosness of his arguing , god loves first . what 's the inference ? therefore offenders , as murderers , thieves &c. ought not to be punished . . if i see and tast the fruit i can easily discern what the tree is , without digging to the root . he tells us page . the speech sheweth what is within , and cites matth. . , . hence we may undoubtedly conclude , that men apparently and visibly wicked , are corrupt and unfound within . . what the king's principles are , which are so mysterious and deep we search not after them , his known principles are known to be dangerous and destructive to the nation , & he holds them without change or amendment . . is mr. sedgwick in good earnest and speaks as he thinks ; that the king should be seven times more the child of the devil if he should turn to the army ? what! in a condition better than they ? yea , seven times better : surely then they are very bad . in pag. . he saith , he understands not the utmost of the religion they walk in . this seems to make the accusation the more probable , but many others lesse prejudiced against the army , and better principled in religion , know 't is false , and that they are as holy and pure in conversation as he himself , howbeit , with lesse noise , sound not a trumpet before them as the hypocrits do . thirdly , he brings in the remonstrance arguing against the accomodation , because there is no equal ballance of affairs , page . your meaning is ( saith he ) as you often express , the king's forces are wholly subdued . here he is short , noble enemies require no more but to get their enemies into their power , then they shew mercy ; for this he brings elisha's example , king. . . and add how the lord never brings us down , but that he might restore us and lift us up again . ans. . it is sometimes so far from commendation , to spare an enemy gotten into our hands , as that not to do justice upon him , exeedingly displeaseth god . to omit many instances , 't is memorable in ahab's case , what sad tydings the prophet brought him for letting benhadad to escape , thus saith the lord , because thou hast let go out of thy hand a man whom i appointed to utter destruction : therefore thy life shall go for his life , and thy people for his people : king , . . so saul , his sparing of agag when he was in his hands , was one cause that the lord did rend the kingdom of israel from him . again , what hath been more frequently practised by noble enemies than severity and justice upon such as they have gotten into their power ? who of all the kings of canaan taken in war by joshua , were not afterwards by his appointment put to death ? so samuel did agag : and jehu ahaziah king of judah . . touching elisha's example in sparing the syrians , it teacheth us thus much , that in our own cause we must render good for evil , and if our enemy hunger , feed him : and from his words to the king of israel we may gather , that men used not to kill such as in the field were taken captives , and stood not out in hostility : but there is nothing from the place to be collected , that justice may not be executed upon some offenders for special and notorious crimes , whether subdued in war or taken any other way . fourthly . the often caused war to maintain his interest against the publick interest this constantly and unweariedly ; so the remonstrance . at this mr. sedgwick grows angry , and fals into passion : you lye grosly saith he : but wherein ? these things which you propound were never thought of in the begining of the quarrel . the parliament alwaies professed never to alter the government , to protect the king's person &c. afterwards we have something said in scorn of their present form of government , with his fiction and dream touching the king . ans. . touching the time when some things are to be proposed , it is the necessary occasion which must alwaies be considered : in civil affairs we see what at one time may be born , others afterwards upon just and good ground may abolish and take away ; or otherwise we should deny men the use of their sense and reason . secondly , we know it is no parliament principle that their votes and agreement should be taken as the lawes of the medes and persians which altereth not : their constant practise is to alter and change as they see reason for it , and therefore it is the weakest reasoning that can be , to argue the parliament voted so and so , therefore it must stand : for instance , the prelates with their courts , cannons , service-book , and other dependances are abolished , and that by vote of parliament , now put case they should be ( which god forbid ) again re-established , aske of a royallist if there might not be enough said to justify the parliament in this latter act . thirdly , for the odium and disgrace which he puts upon their present form of government , calling it a headlesse monster , a hoddy-doddy , an all-breach , able to affright solid and serious men to their armes , and if he should fight against any thing , he should fight against it , and pag. . brats of their own brain . jn reading this , it makes me thinke how nichomachus in plutarch very fitly answered an ideot , that could see no beauty in the famous helena painted by zeuxis , take my eyes said nichomacus and you shall thinke her to be a goddesse . j will not here speak how treasonable his words are , as moving strongly to rebellion , and to raise a new war , and to cause commotions again in the land : but j see t is true , in the multitude of words there wanteth not sin , and he that refraineth his lips is wise . fourthly , he should have cleared the king of the things laid to his charge , as to have been the author and contriver of a most unjust war , and is consequently guilty of all the innocent blood rapine , spoyl , and mischief to the kingdome , as in the remonstrance , pag. . adde the losse of rochel in france , by his lending ships to the french king ; and the isle of ree and cales voyage , and the ground and reason of the quarrel . how he endevoured to stir up factions and differences between the honest party in england and scotland , that he might take advantage by such division : his open declaring in parliament , that he owes no account of his actions to none , but to god alone . what hath beene reported about his fathers death , and marquis hambleton , his designe in bringing up the northern army , and his large offers to the scots army to be brought up to london to awe the parliament , his usuall breaking of his promises , protestations , oathes , as in many particulars might be named , his sending over the jewels of the crown to be pawned by the queen for powder and ammunition , to fight against the parliament , and the priviledges , rights , and liberties of the subject . how he made widdows in one morning as mr. henderson told him . and concerning ireland , how clear it is by many severall passages , and by the examination of mar-carte , and macquire , &c. that the pretence of men for the king of spaines service a year or two before the rebellion in jreland was but a colour to keep some in armes for a foundation of that rebellion : how the jrish rebels call themselves , the kings and queens army , the first clause in the oath injoyned by the supream catholick councell at kelkenny in jreland , was to maintain his royall prerogative against the puritants in the parliament of england . jn one of his letters taken at nazeby he commanded the earle of ormond to give particular thanks to mustarre and planket the two arch-rebels in jreland : so divers of the jrish rebels had private passes from the king for the heading of the rebels there . j iet passe loans , shipmony , monopolies , knighthood , inlarging of forrests , inclosing of commons , ingrossing of gunpowder , his unparrell uxoriousnesse and affections to the queen , and compliance with the pope , &c. now all these things mr. sedgwick should first have answered , before he should have affirmed , jf there be any , reason for a prince to take up armes against his subject : he hath , and why so ? because there attempt is to destroy the king , and overthrow the very foundations of government , and a little before , the life of the king and his posterity is aymed at . answ . the premises granted to put him by , is a thing lawful and necessary ( of which more hereafter . ) and this may be done without destroying the very foundations of government , unlesse by foundations he means some particular form or kind of government , but that is not proper to say , for the foundations of government , is indeed that absolute entire and independant power residing alwayes in the people , and this foundation cannot be destroyed , j meane the right and habit of it : though the use and exercise may be wrung'd from them : so that to change and alter in respect of the forme or kinde of governments by vertue of the said power it is in the peoples liberty whensoever they see just cause and reason for it . fiftly , for the rest , which is , first reproaching the army , as to be their designe only to attain their end , malice , ambition , and revenge . and secondly , that the king shall put all into gods hand , and shall receive it again in the life and glory of god . this is capable of no other answer but reproof and pitty . to follow mr. sedgwick in his own order , next he comes to answer pag . . &c. which is the second part of the question , and a second reason against accommodation : the safety of an agreement , here he takes some words out of the remonstrance , that the king hath forfeited all his power into your hands ; that the people are free to make the best advantages , and pag. . having him and his party captivated , and in their power . reader , i professe unto thee in the word of truth , here i have read over some leaves , and have done my best to see what is in his answer , but for severall pages together , as , , , , &c. i finde nothing therein , for i esteeme not his calumniations , rash-judging , self-prayse as any thing ; and for this be thou thy self a witnesse . saith he , we have all this while to justify our selves in this war , said , that our war was but defensive , and if it prove otherwise , we must repent of it . answ . it is not alwayes a fault to change from a defensive to an offensive way and course . a man being set upon by a highway-robber , or pirate at sea , may at first resolve only his owne safety , and yet afterward seek to wound and kill the enemy , and justly too ▪ to apply this , when the war first began betweene the king and parliament it was unknown to us , what murders , massacres , and spoyles , he would commit , in and upon the land , and people . again his former perfidiousnesse , treacheries , and destroying plots , were not then so publickly and clearly understood as since ; and therefore no marvail there is a change from defensive to offensive , seeing he hath given the cause , and so no argument of lightnesse , hypocrisie , self-ends , in persons thus changed . secondly , he is large in giving out what was in their mindes when they began the war , that the king and his party were wicked men , not fit for the places and power they had , they were saints , and no body fit to rule but they : glad when the parliment tooke armes , thinke themselves the onely true lords , and except the king would become one of their saints , &c. answ . it was a reason which elias layd down , why he was willing to die , i am no better then my fathers ; for men eminent in grace , gifts , office , &c. to have things laid to their charge , which they never knew it , hath been practised in all ages , mr. sedgwick is not the first , that hath bent his tongue like a bow against the godly this way . tiberius on a time hearing certaine persons speaking unreverently of augustus , acquainted him therwith , to whom augustus answered , let it not trouble you tiberius that any man speaketh ill of us , it is sufficient that no man is able to hurt us : gods presence with and protection for the army is such , as bad tongues cannot hurt them , neither darken their splendor and beauty in the eyes of honest and godly people . . next he blames them in saying , this miserable inconvenience of a treaty , this insnaring treaty , and because they call it a preposterous and self-deserting way . pag. . and hence he takes occasion to tel them that they have defiled their cause , count all their owne because they have fought for it , they are no saints , yet he scornes that cause that is subject to ruin and destruction . answ. . what is said in the remonstrance touching this last personall treaty , is true enough , for who but malignants and papists were the first contrivers and abetters thereof . the lord goring in his former intercepted letters could tell us so much , that if the king could cudgel the parliament into a treaty the king had brought his designe to perfection : and t is reported of the king himself that he should say , if such a thing could be brought about , then it should not be in the power of men or devils to hinder him from bringing all his designes to his own hearts desire . secondly , for men to act for publick rights , and to hinder wicked designes is no base and accursed way , but an approved path , walked in by the saints in all former ages . thirdly , it is not faith but fancie , when god gives in meanes and wayes of preservation and safety , not to observe the providence in the carefull use of them . fourthly , he chargeth them to be of a base and poor spirit , and unbecomming christian souldiers , to speak of persons ingaged , the party adhering , and to think the king will be revenged on them , for their eminent activity against him . it is ( saith he ) a principle very destructive to continue the disturbance of a nation , to save our lives : afterward he shewes what he would doe himself in such a case . answ. . it is easily observed what is the main drift and scope of his whole dicourse in many pages here together , namely a direct crossing and contradiction of christs counsel , be ye wise as serpents and harmelesse as doves : but according to his principle , a man cannot be a sheep , unlesse he runne himselfe into the lyons mouth : nor a dove , without falling purposely into the snare . because the army , to the doves innocency joyn the serpents prudence , that is , seek to avoyd danger so far as lawfully they may , hence he cryes out , feare a snare , and the pit have taken hold of you . i laugh at your destruction , and mock when your fear comes , you are no saints , you live not in god , &c. as if a provident care of safety , stood not with the fear of god . demosthenis upbraiding the athenians with improvidence and incircumspection , presented to them an innocent fool , who being struck on the one cheek , laid his hand on the place where he received the blow , and being smitten on the other did the like , never using either of his hands to defend himself from further blowes . such ideots and blocks mr. sedgwick would perswade men to be , take blows and stand still , and never seek to avoid the stroke , though god have put means into their hands , and may lawfully escape the danger . but secondly , it is a great mistake of mr. sedgwick , to think that continuance of the army is destructive to the kingdom , and that their disbanding would be for the peoples peace , good welfare , he harps often upon this string , whereas there is nothing more cleer than the contrary . thirdly , for the rest of the answer , 't is only what he hath , and what he can do , propounded in four heads : and i passe it over , if any man can make use of it much good may it do him . from pag. . to . we have a tyresome discourse of two things , the armies badness , and his goodness : their fear , his faith . . whereas it is in the remonstrance , we might chalenge all story for one instance in the like case : howsoever he grants a good use of story , yet in them it is a dull thing &c. ans. . i never observed this principle before , because men profess the kingdom of christ , and have a light of truth and justice , that therefore they should be uncapable of the use of former story : doth religion take off from a christian , because a christian ? what is proper to every man , as a man moral , civil , natural ? . if there be a good use of story as he grants , then might they at this time well challenge it reasoning the greater to the lesse , as thus : if all nations keeping their interest , and proceeding according to equity and justice , have upon fewer and lesser crimes refused personal treaties with their kings , and called them to an accompt and done justice upon them according to their facts : there is all the reason in the world , that the like be done to this king whose exorbitances and enormities are beyond most parrellel instances : enquire ( saith bildad ) of the former age , and prepare thy self to the search of the fathers ; for we are but of yesterday . sundry histories and authors might be produced to manifest that emperours and kings not only have been restrained for their tyranny and misgovernment , yea , for not committing the evil which this king hath done : take for instance ( his name sake ) charles the ninth king of france four or five several conclusions of peace were solemnly made and ratified between the king and the protestants , but no sooner made and proclaimed , but presently violated of the king and the popish party , by massacres and and new treacherous plots to extirpate the protestant party ; so that every accommodation proved but a seminary of a new and more bloody war almost to the utter ruin of france . in the year . when a publick peace was made , and all differences to outward appearences , buried in eternal oblivion , the king contrary to his faith and oath caused the admiral of france ( the protestants cheefe piller ) as he departed from the counsel to dinner , to he shot with a harquebuze , which carried away the forefinger of his right hand and wounded him in the left arm . the king to colour his treachery , swears with an excreation to the king of navarre and others who complained of this outrage , to take such exemplary justice on the offenders , as the admiral and his friends should have cause to rest satisfied , command them to be pursued , appoints three of the parliament to make information against them , protests after this again and again , to be exeedingly sorry , that this act touching his honor , that he will be revenged for it , so as the memory of it should remain for ever , writes to governors of the provinces , chief towns , and magistrates , that he would take such order as the authors of so wicked an act should be known and punished . and to his ambassadors to forreign princes , that they should make it known to all the world , that this outrage did displease him . and for the admiral's safety he commands the captains of his guard to give him as many of his guard as he pleased ; to suffer no papists to enter his lodging ; and adviseth all the gentlemen protestants then in paris to lodge about the admirals lodging . but all this court holy-water was only to keep every bird within his own nest , and a pitfal to entrap the chief of the protestants : for the same day after dinner , the king and queen mother , the duke of guize , and others , take counsel to murder the admiral , and all the chief protestants , the night ensuing , not only in paris , but thorow out all france , whilest they were sleeping in their beds . which most tyranical barbarous tradgedy was accordingly acted , the admiral slain in his lodging , and his head cut off , carried to the king and queen mother , who causing it to be embalm'd , sent it to the pope and cardinal of lorrain for an assurance of the death of their most capital enemy : all the protestants , noblemen and gentlemen , lodging in the admirals quarters undergo the like butchery , the streets of paris are strewed with carkeises , the pavements , market-places , and river dyed with protestant blood , about ten thousand of them being thus treacherously massacred in their beds , at such a season when they thought themselves most safe , and that on the lords own sacred day , a very unsutabe time for such a bloody prophane , infernal sacrifice . no sooner was this matchlesse treachery of this king against his own natural subjects executed , but he avowes and justifies that which he but the day before so solemnly and openly disclaimed , as a means to cut off al commotions for time to come : of which we shall say more in its proper place . . he brings forth their main evil surmisings ( as he cals them ) as how apt princes are to break such accommodations , and how easie it is for them . page . his answer hereunto is , that they are pursued with fear and wrath on every side . answ . the simple beleeveth every word , but the prudent man looketh well to hi● going . do they in the remonstrance manifest a jealousie and fear ? what have they now done ? is there not a cause ? for who knows not that it hath been the continual practice , of all such kings when they have quieted the people by an hypocritical and feigned yeilding to their proposals , and gotten themselves into the throne again , to pick quarels , make breaches and commit greater outrage and insolencies , than ever they did before , without regard of faith or oath . hear what mr. prinne saith to this thing in his soveraign power of parliaments . part . page . it hath been ( saith he ) the constant practice of most of our kings ( as john , henry the . edward and richard the . with others , who after war and differences with their parliaments , lords and commons , upon accommodations made between them , assoon as ever they got possession of their castles ships ammunition seized by their subjects , break all vowes , oathes , covenants made unto them , oppressing them more than ever , enlarging their own prerogatives and diminshing the subjects liberties , ( yea taking away many of their lives against law , oathes , promises pardons ) on purpose to enthrale them , which still occasioned new commotions . and a little after brings in this observation , well then might the royal prophet give us this divine caution , oh put not your trust in princes : surely men of high degree are already laid in the ballance , they are altogether lighter than vanity , both in their oath and promises . again , this same mr. prinne in the appendix pag , . commends it as a maxime held by the nobles of alphonso king of castile , a cruel and treacherous prince , that a tyrant being offended will at some time revenge himself , and therefore they must not trust him upon any reconciliation . thirdly , for the rest , 't is only his prophesie touching the restitution of the king to his antient rights . how his suffering hath made him a royalist that never cared for him , ( mark it reader who taught him that ) the poor suffering oppressed king and his partie shall have his compassion , and for the army they are upon foolish wayes , hope for nothing but deceit and falshood and treachery : fear compasseth them about on every side like cain : safety flyes from them , god looked upon them every way with sadness and wrath : and much more of this language . but i have metwithit so often as i am now quite tyred out : i am glad that his excellency and the councel of warre can so patiently bear it , t is a great adition to their goodness and largenes of spirit . the eagle being provoked by the night-crow with her clamorous noise and screeching to fight yet will not stir up to battle , howsoever the crow be too weak for her . and ti is attributed to a horse as his praise and acting argueth great courage and mettle to him , when dogs bark at him and run after him , he will not turn against them but runs forward as if he neither saw them nor heard them , although he can easily trample them under his feet· for the other particular which is a large praising of himselfe , i shall say very little to it , seeing it relates not to the publicke cause for which i have ingaged : neither is it materiall to set down his words , for howsoever they are a heape , and a huge one too . ( see page , , , . ) yet in short it all amounts to this much : he dwels in that mountaine where there is no hurtfull thing , feares no surprizes being in a state not apprehensive of danger , sees no evil , knowes no evil , he lives where there is no more curse , death , nor sorrow , &c. he can binde kings , yea , the devil , and cast him into the bottomlesse pit , dissolve all his works , and secure him within his own bounds , that he shall no longer destroy the earth . christ saith , if i bear witnesse of my selfe my witnesse is not true . but leaving that question whither he speaks the truth : this is a truth without question , that in this boasting practise , he walkes contrary to all sober , meeke , humble , and self-denying christians both past and present . if this doe not argue a man to be a boaster , proud , heady , high-minded , then i know not what doth : we judge the emptinesse of the vessel by the lowdnesse of the sound , brasse tinckleth more then gold , and a bladder is soon blown up , but when it is most swoln there is nothing in it , but a little ayre . the tree alpina brings forth the fairest blossomes of all trees , but the bee suspects it to be venemous , because it is so glorious , and therefore neither tasteth it , nor commeth neer it . if self praysing may be admitted as a ground or reason to suspect a person so doing not to be sound , mr. sedgwick surely more then any man i know , gives cause of such a suspition , in making himself so glorious with his own mouth . two things i shall here commend to the readers observation . . in page . speaking of the army , he saith , your condition is well-expressed , esay . . , . which say , stand by thy self , come not neere me , for i am holier then thou : and often he taxeth them for counting themselves saints , righteous , holy , &c. and judging the king and his party otherwise : whereas in the mean time , in or . pages together , he hath little else but calling the army , dogs and devils , and himself a saint ; they in satan , darknesse , hel ; he in god , light , heaven ; they all fear , himself all faith ; they deceivers , hypocrites , lyars , but he righteous , sincere , true ; speake out reader , hast thou ever seen more palpable grosnesse ? . jn pag. . he expresseth himself thus : if you find any world in me , you shall doe me right to afflict it , break it , let it suffer , &c. t is the best thing j find in all his book , and it gives me the more encouragement to speak to him of his error and fayling , and the greater hope i have of his amendment : now if the tree may be known by the fruit , and the speech shewes what he is within , as a stincking breath argues rotten lungs , and filthy inwards , then without doubt this followes , to wit , that there is a great deale of world in you , many sinfull lusts , and vile affections , which need afflicting and breaking : look upon these words , they are your owne , page . and specially applyed to his excellency and the generall counsell of war , you are cast out and gone out , and live out the blessed and glorous presence of god , and so are dogs rated by god into a filthy kennel of base things , and are as fearful as dogs . i do not set this down as if in other places there were not the like words , but to lay it before you ( as a glasse ) that you may see there is world in you , and what an unruly tongue you have to powre out evil things . if any man seem religious , and bridleth not his tongue , but deceiveth his own heart , that mans religion is vain . likewise your boasting and glorying , it is a thing altogether unbeseeming a child of god : the saints have scorn'd and loathed it , 't is no song of zion ; paradise excludes it , in the new jerusalem are no self-praisers , but all praysers of god : 't is the spirit of antichrist to say , i am , & none else besides me : the dialect and tongue of a pharisie and hypocrite , to say , i am not as other men . but specially i must tell you of a world and wickedness in you , ( i say not a word of wickedness ) which is your idle fancies and dreams , lord , what a deal of froth and foolery is there forth in the world under the name of william sedgwick : and that late non-sense , the spiritual madman , shews how more & more satan beguiles you and carries you on with stronger delusions . now the good god for his christs sake heal your errour and restore you to sobriety , truth , and the spirit of meekness . having ended with his answer to the armies exceptions against the treaty : next he leads it unto two objections mentioned in the remonstrance . their former declaring for the king and compliance with him , and here he repeates some of their words , . partly necessitating us for the present prevention of that mischief to the publick they were running into in that kind as we apprehended . . that moderation was but hypocritical . . we aim'd not at the strengthening our selves to the ruin of any person , but to prevent &c. and afterwards you repeat and say , 't was error , unbelief and carnal counsels . to let passe how he saies , there 's no kind of men can be such compleat and neat knaves as a jesuit , a pharisie , an old well-studied-professor of religion : and also his bold speech , that he knows their waies and hearts . his answer contains a threatning , to shame them for iniquity of holy things , and to shew the abomination of their reformation . . he saith , " it was not their sin to carry out principles of " goodness and tenderness to all . i answer , it was jehoshaphat's failing , and the lord blames him for it , saying , should'st thou help the ungodly ? which shews that aid and assistance yeelded to some may be unwarrantable as the case stands . . for his saying , in your turning , now you turn not to god . the answer is , if god justifie , who can condemn ? his heaping up reproachful words proves nothing , only argues an il govern'd tongue . . is the fight of sin and godly sorrow for it , a miserable and dark principle and a very wicked practice ? we know better : the apostle saith , if we say we have no sin , we deceive our selves , and the truth is not in us . and therefore in the remonstrance , they speak as saints and true christians , when they say , wee find matter of acknowledgement before the lord concerning our error , frailty , unbeleef . for indeed , the dayes of faith , are as the dayes of the year , some fair sometimes foule , one while a sunshine summer , another while a long and tedious winter : a christian soul between faith and fear , is like a piece of iron between two loadstones the one drawing one way the other drawing another way . gal. . . as a valiant man may startle at the sudden discharge of a peece of ordnance behinde his back , who otherwise having time to collect and summon his spirits would not fear to stand at the mouth of a charged cannon in a good cause : thus it is with the godly and so it seems to be the armies case , a sudden gust or storme comming unawares startled them : but since the lord having drawn up their spirits , filled what was empty , and laid in promises on their hearts of his presence and protection : now they fear not what man can do , but in the strength of god are resolved to break through all difficulties , go forward in spight of all opposition , hold their own , and stand fast in the work , making this use and advantage of their former slip , to look the better to their steps and walkings , and seek in their actings gods glory the more . the second thing is , the covenant , which oblieges to the preservation of the kings person and authority . here ( as his manner is ) he takes out of the remonstrance some pieces and broken sentences , as that clause page . in the preseruation of true religion and liberty of the kingdom : so page . if it have an evil sense it cals for repentance : 't was betwixt man and man . page . and after ( saith he ) you would exclude god from being any thing but a witness . before i come to his answer , i shal propound some few things to the readers consideration : . a covenant though lawfully made , yet if afterwards it cannot be performed without sin , in such case it binds not , neither may it be kept : for it is a truth without dispute , we may not do evil that good may come thereof . . that covenant is not binding where the condition or thing is not performed upon which the promise or tye was made . for instance , the people oblieging themselves , to preserve the person of the king and his authority , intended withall their own safety , liberties , rights : upon this ground , i say , they covenanted , namely , the publick safety : seeing therefore the publick good is inconsistant with the preservation of his person and authority , that covenant binds not , for when something is promised for such a cause , and afterward is found not to be , that promise is void . so amesius . . if men either implicitely or knowingly bind themselves to breake any law of god or rule of justice , in such a case the ingagement holds not ; specially in that particular , and so farre as that clause extendeth . to apply it , if men oblige themselves to preserve the kings person and authority , &c. and god in the mean time cals for justice , their obligation must give place to his commandment . but it will be objected how joshua and the elders of the jews , kept covenant with the gibeonites , joshua . howsoever devoted to destruction . i answer , that covenant was lawfull : see deut. . . josh. . , . judg. . . . sam. . , . , . deut. . . by all which places it appeareth that they onely of the canaanites were devoted to destruction , who did not seek for peace ; for if they would sue for it upon these conditions , to wit , abjure their idolatry , embrace the true religion of the jews , and submit themselves , their land , good , and all they had to their dominion it was to be granted them . fourthly , it is no binding oath when either there wants power and right in the administrator , or the persons taking it are not capable of the thing put upon them : and here to speake my minde freely , i have not yet seen a cleer ground either for the one or other touching that covenant . fifthly , take notise when persons enter into covenant about things , out of their power and right , such covenants are neither lawfull nor to be kept . i would willingly know what was meant by the preservation of the kings person and authority ; whether notwithstanding all the tyranny and oppression he should commit , it was yet intended to preserve him from justice , and to keep him in his place of government ; if so , then it was an unlawfull covenant , protestation , oath , because they had no right or power to doe such a thing : it being a thing against the law of god , nature , and nations , and so went beyond their bounds . but if in taking it , it was intended , by preserving the person of the king , his authority , &c. so far as it should be agreeable to justice , law , conscience , it was tolerable , and no otherwise . these things premised , the lesse will serve in reply to his answer . . to that he saith , god put the preservation of the kings life and authority into the covenant on purpose to save him after all his sufferings . answ . . this is onely his saying , and we may deny it with as much reason , truth and authority . . if god save him not ( he means a temporall salvation , or else speaks impertinently ) then he put him not into the covenant for such a purpose ; for gods counsel and purpose shall stand . but . charity thinks no evil ; it is the rule of love when speeches or actions are doubtfull in themselves , and in their report ; and may be taken either well or ill , alwayes to interpret them in the best part . the preservation of the kings person is in the covenant , but how ? if we will judge charitably ( seeing nothing is explained ) it is thus , the covenanters intended the glory of god in the kings preservation , that is , oblieged themselves so far as it be lawfull and honorable . secondly , that oaths and covenants should be the main pillars of humane societies , we grant , but there is one thing which you still want , and that makes you to erre , namely distinctions : doe you mean all covenants and oaths , i desire to think better of you ; and that your meaning is onely just ones ; but howsoever hereafter learn to make distinction , and it will prevent much stumbling in you . . that these are the last and perillous times spoken of tim. . we will take it so ; and doe observe your greek {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} accusers , you speak also of applying that text ; you need not goe farre to make application : for certaine , if your pamphlet were divided into ten parts nine of the ten would be found vile slanders , and false accusations . it may be the lord will smite you , and make your heart tender for it . mr. sedgwick by this time is neer come to the proposals , that the person of the king may be brought ▪ to justice : but before he takes of that , he tels us , this is a strange remedy against civill wars , to lay aside treating . answ . . we may well desire to have that laid aside , which we assuredly know was devised and carried on to the prejudice and hurt of the publick , and so a remedy worse then the disease . . you mistake your self to say , treating is laid aside , for t is neither so nor so : unlesse you will say , that a sick man layes aside the meanes and remedy of health , when he refuseth bloody and murderous mountebancks and quacksalvers , and make choise of honest able and faithfull phisitians . secondly , speaking to the army , you say of the king , pag. . jf he were in power you would shrinke out of the kingdom . answ . . jn this you shew much lightnesse and contradiction , say and unsay , and indeed know not what you say : sometimes in your propheticall fooleries you cry up the king , that when he comes again to be in power , he shall be meek , mercifull , full of divine goodnesse , and in particular doe assure the soldiers that he will forget the wrong they have done him ; and here you threaten them , if he were in power they would shrinke out of the kingdome . but . j verily beleeve ( howsoever like caiaphas , probably he knew not what he said , yet ) in this he speaks the very truth , that is , if he were in power , honest men would shrinke out of the kingdome . for as a lyon at liberty , after some restraint , is more fierce , cruel , bloody then he was before ; so he , following the steps of former tyrants , would exercise more cruelty outrage and oppression then ever he did before he was hunted , taken , and shut up . that is a remarkeable passage in the seventh book of the remembrances of monluc one of the marshals of france , and a profest papist , speaking of the massacre at paris , the king , ( saith he ) never forgot the chase that the admiral gave him from meaux to paris , swifter then ordinary , kings sooner forget a good piece of service then any offence . afterwards he saith , j wonder how a man so wise as the admirall in worldly matters , could trust the king , but he paid well for it , for it cost him his life and many more . this witnesse is true , and this thing well to be thought of by his excellency , lieut. gen. cromwell , and such men : for confident j am , were this king againe in his power , notwithstanding all his promises , protestations , oathes , he would not forget how they chased him in such a place , made him run for it at such a time ; and they should be served just as the admiral of france was , if he could not be revenged on them some other way . george bucanan ( king james his own tutor ) records a memorable story to shew the falshood and dissimulation of princes in their treaties with the people . durstus the eleventh king of scotland , giving himself to all deboistnesse , first ▪ banished his fathers friends from him , as the troublesome reprehenders of his pleasures , and sending for the most vicious young men to be his companions , gave himself to luxury and venery ; he prostituted his wife ( daughter to the king of britain ) to his companions , and banished her . at last the nobles conspiring against him , he awaking as it were out of sleep , considering that he should find no place of safety , neither at home nor abroad , being equally hated of strangers and subjects , thought best to counterfeit repentance of his former life , for so he might retain his crown , and afflict punishments on his enemies . wherefore recalling his wife from exile , he first of all endeavored to reconcile himself to the brittains : then calling the chiefest of his subjects to him , he ratified with a most solemn oath the oblivion of his former courses , he committed every most wicked person to prison , as if he reserved them for punishment , and religiously promised , that he would do nothing hereafter , but by the advice of his nobles . when by these things he had given assurance of his sincere mind , he celebrated the agreement with pastimes , banquets , and other signes of publick gladnesse : and now all mens minds being taken up with joy , he called most of the nobility to a supper ; where , when he had shut them up ( improvident and unarmed ) in one room , sending in his assasnates , he slew them every one . but what follwed , this inhumane action so incensed and exasperated the rest with new flames of wrath and revenge , as ( ad muisum portentum tollendum , eonjurantibus ) all agreeing together to take away this detested monster ; gathered a great army and slew him in battle with his wicked confederates . the like falshood and dissimulation he sets down of james the third king of scotland , upon promise of reformation , the nobles dismissed him , but he immediatly falsified his oath , & thought upon nothing but revenge , blood , and slaughter : whereupon , knowing him to be so false and perfideous , they would yeild to no terms of peace , but slew him in battle as a common enemy . i shall close this point with bodins observation , if a tyrant ( saith he ) he but shaken and not quite overthrown , he will commit horrible murders of the best citizens , to satisfie and settle his tyrrany : for a tyrant that hath esaped the hands of such as had conspired against him , he becomes mad and furious like a wild beast , that sees his own blood . lib. . . he makes much ado , about offering to god the blood of men as a sacrifice to appease his displeasure &c. this he calls an unparrelled wickedness . ans. as god maketh inquisition for blood , so the standing law is , he that sheddeth mans blood by man shall his blood be shed . 't is who so , whether kings , lords and commons , the commandement takes all in indiffinitly without respect of persons : ye shal take no satisfaction for the life of a murderer which is guilty of death , but he shall surely be put to death , numb .. . . thine eye shall not pity him , but thou shalt put away the guilt of innocent blood from israel , that it may go well with thee , deut. . . signifying that the rooting out of sinners turneth away gods wrath from a people : according to solomon , to do justice and judgement is more acceptable to the lord than sacrifice , prov. . . thus solomon took away the innocent blood which joab shed from him and the house of his father . thus the fierce wrath and anger of the lord was turned away from israel when they took the heads of the people and hanged them up before the lord against the sun , numb. . . thus when seven of the sons of saul were hanged up in gibeath of saul , after that the lord was entreated for the land . sam. . . . thus we see what gods will is to appease wrath , and what the people of god have formerly done , and therein pleased the lord . to say therefore as he doth , 't is such u sacrifice as was never yet by the darkest heathens invented . it shews his ignorance , not only in humane history , but his great contradiction and opposition to sacred truth , and his seeking to have the land remain defiled and full of blood and other pollutions , that god may yet plague us yet seven times more : besides , there is nothing here propounded and desired by the army , but what the parliament hath resolved long since in the declaration of august . . in these positive words : the lords and commons assembled in parliament , do declare , that all such persons as shall upon any pretence whatsoever , assist his majestie in this warre with horse , arms , plate , or money are traytors to his majestie , the parliament , and kingdom , and shall be brought to condigne punishment for so great an offence . and this they have since seconded in sundry other declarations and impeachments . fourthly . for that most notorious falshood of his ( because his excellency and the councel of war crave that justice may be done ) to say , it is the foule and black design of a few unbeleeving people . i let it passe , the lord i know will rebuke him for it , for as in this , so in all the rest he manifests himself to be one of that number , who have said with our tongue , we will prevail , our lips are our own , who is lord over us ? but for the persons upon whom you have laid so grievous an aspersion , this is their comfort and rejoycing in the lord , that as god knowes their hearts so he knowes the sincerity and singlenesse of them , that they look at his glory in seeking after the publick good . as the clouds can neither lessen the light of the sun , nor let the course thereof , because at the last they are scattered by the heat of the sun which shineth out most comfortable : so the innocency of their persons and justnesse of their cause , shal disperse and drive away all black clouds of calumniations , and the mouth of him that speaketh lies shall be stopt . now we come to the great work propounded in the remonstrance , that that capitall and grand author of our troubles , the person of the king may be brought to justice , for the treason , blood , and mischief , he is there guilty of . here i find mr. sedgwick in his answer to say very little to it . but . that no law takes hold of the king. . the crown is his birth-right and inheritance : for the rest it is either a justification of the king , as to be better then they : or bitter reproaches . because this is a high subject , and a businesse a foote , i shall therefore speak the more largely to it , not de facto but de jure : for the treason , blood , &c. laid to the king : i shall leave that charge to others more concerned in it , only i shall shew what justly and lawfully may be done in such a case . and for the readers clearer information and better understanding of the point , i shall here assert . things . first , that there is a supream and soveraigne power alwayes residing in the people above kings . secondly , that all kings , in all places , and at all times , have been , and still are subject to , and under law . thirdly , that the people have the power , not onely to call their kings to an account , but to censure and remove them for their tyranny and misgovernment . fourthly , that no nation is so tied to any form of civill government , but that it is lawfull for the people to alter it into another form or kind upon occasion . fifthly , that amongst all the formes of civil government , aristocraticall or popular is best and safest for the people . for the first , that every magistrate , ( be he emperor or king ) is inferior to the whole kingdome and people , it may plainly be demonstrated . . because he is not only their servant , but creature too , being originally created by , and for them : now as every creator is of greater power and authority then its creature , and every cause greater then its effect , so the authority and power of the people , which creates the prince and his princely power , and enlargeth , limits , or restrains it , as there is cause , must needs be greater then the prince or royal power . and though principallities , ( as generally considered ) be of god , yet the constitution of princes and their severall degrees of power are meerly from men : hence it is that peter speaking of kings and their supremacy , cals them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} every creature or ordinance of man . pet. . . because originally instituted , limitted , and continued , by , and for the use and service of the people , whose creatures ( as we said ) ministers and servants they are , and ought to be , and from them receive their whole jurisdiction , power , and authority . besides howbeit principallities as generally considered , be indeed of god , yet the constitution of all princes and their severall degrees of power are meerly from men : and this cannot with any shew of reason be denied . for if the regall authority of princes were meerly from the law of god and nature , it should be the same , and like it self in all kingdomes ; but t is not the same and like it self in all kingdomes , but as every people please and make a free choise of : neverthelesse every form and kinde of government is equally lawfull , and good in it self ( whether monarchy , aristocratie or democratie ) as all , on all sides doe acknowledge . ly . it is a thing neither probable nor credible , that any free people , when they voluntarily incorporated themselves into kingdomes , of their own accord set up an elective king over them , that there was such stupidity and madnesse in them , as absolutely to resigne up their soveraign and popular power , authority & right to kings and their heires for ever , & to give them an entire , full , and incontroulable supremacie over them , and so to make the creature inferior to the creator , the derivative greater then the primative , the servants more potent then themselves , and thus of free men to make themselves slaves , and for their more safety to be more enslaved . but the contrary appears by the peoples constant practise in all ages , as we shall manifest hereafter . but admit ( which with sence cannot be imagined ) that such a thing had been so , yet the fathers could not take in their posterity with them : neither oblige them any way in point of equity and conscience , to confirm and observe what they foolishly had done : but their children afterwards might lawfully ; yea , and ought to stand fast in the liberty which the law of god , nature and nations had made them free , and not be entangled in the slavish yoke and bondage of their fore-fathers . hence amesius in his cases of conscience , lib . cap. . qu. . resolves , that all fatherly power is in procuring the good of children , and shewes in the next cha. that liberty in naturall estimation is next to life it self , and of many preferr'd before it . . common reason , law , and experience manifests that the whole or greatest part in all publick or naturall bodies is of greater excellency , power , and jurisdiction then any one particuler member . thus in all corporations the court of aldermen and common-councel is of greater power then the major alone , though the chief officer : so the whole bench then the lord chief justice ; and the whole councel then the president . and it is aristotles expresse determination , polit. lib. . cap. . & lib. . cap. . & lib. . cap. . what forme of government soever it be ; whatsoever seemes good to the major part of the people , that is more excellent , and to be preferred before any part or member thereof ; and that it is unfit the part should be before the whole : and he gives for it his reason thus , the people know what is profitable , necessary , and good for them , better then their kings , who are their publick ministers : and thus concluding , itaque majorum rerum potestas jure populo tribuitur . therefore power of the greater things is by right the peoples . . this may also appear by the histories and records of all kingdoms in the world , where tyrants forc't not in by conquest and held not possession afterwards by force . in the romane state both under their kings and emperors , the chief power in all things of highest concernment , was alwayes in the senate and people ; and so much bodin grants , that the people hadt he chief soveraign power of enacting and confirming lawes , the senates decrees being of no validity , unlesse the people ratified them , and if any of their kings , consuls , emperors , or generals did things without their consent ( as making war , concluding peace , &c. ) it did not bind but was meerly voyd , unlesse the senate and people together in a great assembly ratified the same by a publick law . but to let passe forreign examples , our ancestors in this kingdome , ( which shewes what power was invested in the whole body of the people ) have not only constrained our kings by threats yea , force of armes to summon and continue parliament ▪ but likewise compelled them to give their royal assents to magna charta , charta de foresta , confirmatio chartarum , articuli super chart as , with sundry other publick statutes of right and justice for common good , and the subjects safety ; and to ratify them with their hands , seales , oathes , proclamations , against their will and liking , which forced assents have been afterward justified , and held good in law , to bind these kings and their followers to the due observation thereof ; for where the lawes are convenient , necessary , or essentiall for the kingdomes welfare , the subjects just liberty , and safety , and such as the king by duty and oath is bound to assent to , there if they compel the king to give his assent in case of denyal the assent is binding , and shall not be voyd by duresse , because the king doth no more then he is obliged by oath law and duty to condiscend unto , and the people ( whose power is above him ) may justly require . . and now in answer to mr. sedgwick affirming the crown to be the kings birth-right , a thing which i utterly deny , and have clear reasons against it . for . howsoever here in england the crown hath gon often by discent , yet never was it granted absolute successive , and heretary but arbitrary and elective . hence many of our kings have come to the crown without any hereditary title by the peoples free election , and afterward obeyed as lawful kings . thus anno. . after edgars disease not ethelred the heir to the former king but edward crowned . so edmund heir to king ethelred refused , and canutus a stranger elected , and crowned . so edmund and alfred both heirs , set a side , and harald and hardiknute elected and crowned kings . i might also shew how upon the death of king harald it was enacted by the english nobility that none of the danish blood should any more reign after them . so after william the first , not robert the elder brother but rufus the younger brother chosen : so after the desease of richard the first , john earl of morton was crowned and arthur the right heir refused . the like might be manifested of other nations how their kings did not reign heretarily and by succession from father to sonne , but those were chosen kings amongst them which were held worthy , which election was made by the people , and revokable by them at any time : and whensoever the crown went now and then by succession , it was by usurpation rather than right . from humane histories we might come to the holy scriptures , and shew that the original creation and constitution of the isralites kingdoms proceeded only from the authority and power of the people , and that solely by divine permission rather than institution , as is apparant by deut. . , . and howsoever the lord did somtimes immediatly nominate the persons of those that should reign over them , as saul , david , jehu , jeroboam &c. yet the people did constantly confirme and make them kings , and gave them their royal authority , none being made kings by divine appointment , but such as they willingly accepted , approved , and confirmed to be kings ; gods previous designation being but a preparative to their voluntary and free election . moreover , it is very cleer that the kings of judah and israel were subordinate in power to the people , and not only counselled but usually over-rul'd by them , in al matters of publick concernment ; for though they asked a king , yet they reserved sufficient authority to themselves , to restrain him , and to order and dispose of the publick affairs as they thought good . but these things we have reserved to a larger treatise . . howsoever , bodin contrary to aristotle , tacitus , lipsius , toloso , machavel , kirchnerus and the greatest polititions prefers succession before election of kings and instanceth several nations to be heretary ; yet this i say , quo jure ? from the beginning it was not so , for every heretary crown , is through custom not of right , howsoever people have let it passe , and admitted them in such a way , yet this hath been still in the people a free act , and it was in their liberty and power to have chosen any other . . whereas some kings require an oath of their subjects , that their heirs and successors shall enjoy the crown after them , and the grounds of taking this oath , is , upon an opinion that the crown goes by succession from father to child ( so that in their understanding they give not any thing away from themselves , but only acknowledg what they conceive the person already is ) now this oath being given , and taken upon a false ground cannot bind in point of conscience , because if they knew it was not the others right they would not swear , neither meant they in the least to pass away any thing of their own right , for they thought it was the others properly before . and here by the way , observe how vain and groundlesse that common question ( pro and con ) is amongst polititians , statists , civilians , and some divines , whether succession or election be the better , as if truly and rightly there were some such thing as succession , whereas it is neither so nor so . i confesse after a kings desease , the people may elect and crown the son and his sons son , but that any such thing can be claimed or chalenged as a birth-right , it is altogether untrue , there is no kingdom in the world where the crown descends from the father to the son by any true and proper succession : the most that can be is not simple succession , but a succession limitable and conditional , that is a promise on the peoples part ( for some considerable causes ) that the son shall be crowned after the fathers death if he be fit to govern , and they see it is for their good . but that any people should absolutely bind themselves to have the son reign over them after the fathers death should he be a fool , a knave , a madman , a tyrant , either such a thing was never meant , or if it were ever so , such people therein shewed themselves either to be fools , knaves , madmen , or children , as doing a thing against all reason , all right , the manifest law of god , and very light of nature . and this we further add , that whatsoever covenants or contracts have been between former kings and our ancestors about succession , and what acts of parliament , laws , statutes they have made about it , they are no way binding to us , neither are we thereto related or concern'd in the same . if two men make a contract together , that the son of the one shall marry the others daughter , if these children be under age , they have liberty and power ( especially their fathers being dead ) to do as they think good being come to age , neither doth that pre-contract binde them , but they are still free , and may dispose of themselves as they see good , that is , they have liberty and power to marry any other if they see it more convenient and necessary . so i confidently affirm , whatsoerer crown contract hath been made by our forefathers in our non-age , pitch where you will touching this succession , we have our liberty to take or refuse and are in point of conscience no more bound to crown the heir of william the conquerer , henry the eight , james the sixt of scotland , or this king charles than any other man : but if we will ( to be like other nations ) still have a king , such then is our liberty and freedome now , that we may ( yea and ought ) to elect and crown such a one whom we shall find to be best qualified and fittest for us . now we come to the next general head , that kings are , and ought to be bound by lawes , and are not to be exempted from them . i shall not at this time shew the flattery and vanity of some sycophants and parasites , who affirm , that people may not prescribe any law to their prince : that kings are above law : now touching that senselesse distinction of bodin and others , who hold that the supream magistrate , howsoever bound to the laws of god , of nature , and nations , yet are free from all civil laws prescribed by themselves : nor that court destinction between law directive , and coactive , what kings should doe ; and what kings may do : this i say with pareus , superior magistratus est subjectus legibus divinis & suae republicae : the supream magistrate is subject to gods laws , and to the lawes of his own common-wealth . comment : in rom. c. . dub . . yea , more strictly obliged to observe his own lawes than subjects , and departing from the law becomes a tyrant : and therefore the whole kingdom which is above the king , may not only bind him by laws , but question him , and punish him for the breach of them : and this is a most certain truth ( howsoever by some slavish pens opposed ) that all kings are so far bound to the laws and customs of their kingdoms , that if they violate and alter them at their pleasure , they may truly be called tyrants according to aristotle , and herein absolve their people from their aleagence which they have made unto them . take for instance , the united netherland provences , who for this very cause did declare philip king of spain to have fallen and cut himselfe off from the seignorie of the netherlands , and caused a new form of an oath to be drawn in manner of an abjuration of the king of spain , every one swearing duty and obedience unto the estates by the publick officers and magistrates of every town and province , the which thing was , and still is by all protestants and reformed churches justified and approved lawful . i could here set down many such examples of other nations , who by their lawes required their kings to be subject to their lawes aswell as any other , yea all nations ( except where tyrants have reigned ) have alwaies had some lawe to restrain their kings from excesses and abusive courses . besides all good emperours and kings in all ages have professed and practised the same . trajan acknowledged that the prince was not above law : and giving the sword to any praetor or cōmander , he would say , hoc gladio contra me utitur , si in rempublicam peccavero . the like said theodosius , and valentinian , emperours : digna est vox majestate regnantis in legibus alligatum se principem profiteri . lib. . cap. d. leg. prin . so antiochus the third , king of asia , is , commended that he writ to all the cities of his kingdom , if there should be any thing in his letters which should seem contrary to the laws they should not obey them . these men knew it is god only that may do in heaven and in earth what he pleaseth , as for man ( whether emperour or king ) he is under law and therefore must do nothing but what is lawfull , just , and right . and for more authentick proofe we could produce the kings of israel and judah who had no arbitrary power to do what they pleased nor exempted from laws , but inferiour too and obliged by them as well as subjects : this is evident by sundry impregnable texts , deut. . , . josh. . . . sam. . . to . and . , . &c. ezek. . . the jewish doctors from these words i will visit their transgression with the rod of men , and with the stripes of the children of men . sam. . write that it was a custom in israel , if their kings transgressed against the law of the king , they were to be scourged for it . but the question is not so much , whether kings are under law ( for this now begins now to be generally granted ) but the question is , if kings do break law , what 's their punishment , and who shal do it . the answer to this belongs properly to the next point yet something i shall say to it in this place . for my part i have not yet seen in any mans writing , new or old ( though never so great a kings-man ) any cleer and convincing reason , that seeing kings are subject to laws , both the law of god and of men , wherfore they should have any immunity or be priviledged from punishment appointed by law to such and such offences more than other men . plainly thus , if king or prince be a murderer , a traytor , a pirate , an adulterer , perjured &c. why the punishment due to other murderers , traytors &c. and for the like crimes inflicted upon them should not be executed upon the other , king , or prince , what the custom hath been , or what partial laws foolish & ignorant men have made , i count as nothing let reason , justice , & divine precepts be considered . hence let us take light and information . first , as for the law of god , it goes generally and takes all in , quisquis , siquis quicunque : whosoever , if any man , what mansoever , if a murderer , an adulterer &c. let him die the death : kings and princes are not here exempted . and secondly , in the point of justice , 't is without any dispute . for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is justice of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to part , or divide in two . hence {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} judge , ( as it were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) because he cuts a thing in two equal parts . so in the definition , justice is perpetua constansque voluntas jussuam unicuique tribuens . and for distributive justice which according to logicians is , either rewarding or punishing this later judicatory justice is , qua paenis debitas aequalitur unicuique distribuit , which distributeth due punishment equally to every one . again , if the offender because he is great , ( as a king or prince ) should therefore be spared , it were directly to depart from justice both in propriety of speech & true definition {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is a right judgment not respecting the person , to wit for his greatnesse , power , place , wealth &c. thirdly , for reasons i have this to say , wherefore kings should be punished according to law if not more yet as much as other men . because by their ill example they do more hurt than other men . . their sins do more provoke god and draw down divine wrath upon a nation and therfore there is the greater reason that the land should be purged of such pollutions . . the taking of this course would be very much for the publick good and safety : for if princes knew they should be punished as other men for their crimes according to law , they would be as careful as other men to observe and keep the same . oderunt peccare mali formidine paenae . . the practise of this would be a very helpfull means to save their souls ; for whence comes it to pass , that they care not what they doe , but because whatsoever they doe , they know no man will punish them for it . . if this course were taken , there would not be such horrid and execrable wayes used to get crowns , as poysning and murdering of fathers , brethren , &c. but conscience then , and a desire to do good , would be the chiefest motives leading men therunto . . in constitution of a prince , whatsoever is confirmed upon a man in respect of office and authority , it doth not any way make a change upon his person , neither puts him at any distance touching subjection to the law more then he was before ; this relates only to a qualification , that is , the people judging him to be fit , he is invested with a power and right to administer justice ; but for his personall estate that remaines the same as formerly , neither is he by this exempted from law either directive or coactive , more then when a man is made a judge , justice of peace , or the like . in this case , civil magistrates , and church officers are alike ; what office or function soever a man hath in the church of god , he is still under the power of the church , and for his person , the church-censure can reach him still as it did before . for the institution of pastors , teachers , or elders , doth not in the least exempt or priviledge such eclesiasticall officers , from the highest censure of the church more then any other member , if there be just cause to proceed against them . and there is something to this purpose in the popish cannon law , how in case of heresie the pope ceaseth ipso facto to be pope , looseth his spirituall jurisdiction and authority , and deserveth justly to be really deposed . can. si . papa . carer . azorius antonine . part : shewing that the office of a pope adds nothing to the person of the man , for howsoever he is above the rest for his place , yet he is still subject to the law , and under censure ; yea , to be deprived of jurisdiction and papacie , in case he prove an heretick . for conclusion then , this i positively affirm , and will stand to it , where kings are under law , and receive their crownes from the people upon protestation and oath to keep the laws , and where the supream soveraign power of a nation is invested in the senate and people , there kings for their tyranny and misgovernment may be convented , judged , and punished : neither are they more exempted from the highest civill punishment then eclesiasticall officers are from the highest church-censure , their persons are still in the same consideration as other mens persons are , and therefore for their transgressions ( as other men ) may be judged and punished . now to come to the third particular , which is , that the people have power not only to convent , but to censure , depose , and punish their kings for their tyranny and misgovernment . for the confirmation of this , i shall desire the reader to take notise : . what reasons there are for it . . what law . . what scripture proof . . what prefidents and examples both of other nations , and kingdomes , as likewise of our own . . and lastly , what the judgment is of learned men touching this thing . reas. . it is an undoubted rule of divinity and policie , that it is more expedient that one man die ( though a prince or king ) then the whole nation should perish . john . . & . . if the right eye , or right hand offend , it must be pluckt out and cut off : as in the naturall body if a member be so corrupt and putrified , that unlesse it be taken away the whole body is in danger to perish , in such a case for prevention and health sake , every one wil allow the cutting it off : so in the politick body , when the safety of the whole lies in the removing of one or more unfound and bad members , it must be don , and it is necessary it should be so : for it is a maxime in philosophy , that totum non subjicitur parti , sed pars toti ; so again , totum non regitur motu partis , sed pars totius , to which that is agreeable in the poet : — immedicabile vulnus en se recidendum est , ne pars sincera trahetur . reas. . kings being the people officers , ministers , creatures ( as we said ) it must needs follow that they are responsable to their masters and makers , and being found unfaithfull stewards , they have power to displace them of their trust and office . if the keeping of a city or castle be committed to a man , and he betrayes the same to the enemy , or dismantles the wals and fortifications , to expose it unto danger , is it questionable in such a case , whether the state putting him into that trust , may not call him to an account , and punish him justly for it ? reas. . when two men contract and covenant together upon certain conditions and termes , if one party break the agreement , the other is set free , and no further bound to him either in point of law or conscience . when kings break their coronation oaths and promises , keep not the conditions and termes upon which they were elected and crowned , but become tyrants , the bond and knot between subjects and them is essentially broken , neither is there any tribute , duty , custome , or alleagance , &c. from the people any further due unto them . i know no faster bond or knot between any two parties , then man and wife ; the relation between kings and subjects i am sure is not neerer , neverthelesse all grant adulterium etiam vinculum ipsum matrimonii solvit , adultery in either person breaks even that very bond and knot of marriage : why therefore a subject breaking his covenant with the king , in being a traitor , should be punished for it , and the king breaking his covenant with the people in proving a tyrant or traitor to the people should not be punished likewise : i am sure there is no man living able to give a just reason for it . reas. . if men by law may be punished ; yea , and great punishment is inflicted upon them , who are onely as instruments used by princes , to accomplish their wicked designes and meerely act to please them ; surely it is against justice , reason , and all conscience , that the first mover and grand author should escape unpunished ; gods example teacheth otherwise , who in all ages hath punished the author of sinne more severely and extreamly then the instrument ; we see many times the adulterous mother punished for her whoredome , yet the bastard spared , but that the bastard should suffer and the mother escape it is an example unheard of . reas. . howsoever men may remit the wrong or injury , as it it in reference to themselves and their own interest , neverthelesse as the transgression respecteth gods law , and so far as god cals for judgment and punishment , it is not in their power to spare or pardon , though they may doe with their own what they will , yet what is the lords they may not alter , mitigate , qualifie , &c. but they ought to proceed according to the directions and rules which he hath prescribed to them , i say , without addition , or dimunition , strictly , punctually and precisely . i shall end this point with the words of bodin : i am of opinion ( saith he ) that no soveraign prince , neither yet any man alive can pardon the punishment due unto the offence which is by the law of god death , no more then he can dispense with the law of god , whereunto he is himself subject : and if it be so , that the magistrate deserve capitall punishment , which despenseth with the law of his king , how shall it be lawfull for a soveraign prince to dispense with his subjects from the law of god ? and further , if the prince himself cannot give away the least civil interest of his subjects , or pardon the wrong don to another man , how can he pardon the wrong don unto almighty god , or murder wilfully committed , which by the law is death , for all the pardon he can give . vide lib. . de reip. cap. . secondly , as for lawyers law , it is just like mr. william prin , it speaks every thing , and any thing , and nothing : thus their law and he , are like the dutch mans hose , you may wear them how you will , put them up or down , for they are made to serve both wayes : but for that whirligig and busie body i do but mention him by the way , for there is an independant piece comming forth to shew his lightnesse , contradiction , extreme pride and malice . what punishment by law is due unto a traytor , it is so obvious and well known , as to cite statutes for it , would be , but as a vain repetition : now the law cleerly resolves . hen. . c. that . if the king become an open enemy to the kingdom and subjects , to wast or ruin them , or shall seek to betray them to a forraign nation he becomes a traytor to the realm , and hereupon doth forfeit his very title to the crown . bracton saith the king , is the highest justiticiar in the kingdom : licet in justitia recipienda minimo de regno suo comparitur , but as low as any in receiving justice . lib. . cap. . fol. . &c. this indeed is law , for what is law ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) according to the strict etimologie a proper signification , but an equal distributing to every one his own , whether it be reward or punishment ; and therefore whensoever any thing hath been enacted to priviledge kings and princes from personal punishment , in case they transgressed against god and men , and should prove tyrants , traytors , murderers , pirates , witches and what not , i do avouch , it was no law , to speak truly and properly , it was not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} as contrary to the law of god , and nature as light is to darknesse ; and these were right antinomians , as opposing and denying law to establish their own wicked and lawlesse decree : law , is ratio naturalis , natural reason , but it is no principle in nature , to punish the lesser , theft , murder , treason , tyranny &c. and spare the greater theeves , murderers , &c. to execute the bastard and quit the mother as we said before . again , 't is without dispute , when princes prove tyrants , their deposition is justificable by law . now to know a tyrant king james describes him thus : a king governing in a setled kingdom ceaseth to he a king and degenerates into a tyrant so soon as hee leaves to rule by his own laws . if this be true , ( as it is most true : ) then it is the highest degree of tyranny , condemned and abhorred by god and all good men , when the king begins to invade his subjects persons , rights , liberties &c. to set up an arbitrary power imposeth unlawful taxes , raises forces , plunders wasteth and spoils his kingdom , imprisons , kills , and banisheth his most faithful & best people in an hostile and wrathful manner , whom he ought to protect and rule in peace : and whether this king have not thus done , even our enemies themselves being judges ? there is one thing remarkable in the aforesaid speech , where he saies , he ceaseth to be a king . hence i gather , that a king degenerating into a tyrant , hath no benefit , nor any thing to help himself in point of law , by any statute containing an immunity or exemption of the kings person from punishment , as death it self : for whatsoever is provided in such a case it is only in reference to a king , but when he ceaseth to be a king , he loseth the benefit of all such acts of parliament , neither is there any statute broken if he personally suffer for his crimes . thirdly , for scripture proof or presidents , zuinglius positively affirms , that the israelites might not only resist but also depose their kings for wickednes & idolatrie , yea , that al the people were justly punished by the lord because they removed not their wicked kings out of their places , and brings sundry instances for it . explinat . aut. . that god did punish the people for their kings enormities , t is evident by jer. . , , , . king. . , . & chap. . . & . . and the history of the kings and chronicles in sundry other places clearly shew so much : the which thing surely god in justice would not have done , had not the people power to hinder , censure and depose them for their sins . it is said of amaziah king of judah , king. . . that they made a conspiracie against him in jerusalem and he fled to lachish , but they sent after him to lachish and slew him there : not privatly but openly , as acted by publick authority for his great impiety , as having broken his oath and covenant ; whereupon we reade not of any complaint , inquisition proceeding or punishment inflicted on those that slew him after his death , either by the people or his children as there was upon those that slew king ammnon , but being slaine , they ( to wit the persons who had put him to death ) brought him on horses , and he was buried in jerusalem , and all the people of judah made ahaziah king in his stead . which plainly shews that what was formerly done by the greater part of the states at jerusalem was afterwards confirmed by common consent , and executed by command of those which might lawfully do it . fourthly , for examples , all histories are full , nothing more frequent than to reade , how people having the supream power would judiciously convent , censure , depose , yea and judge their kings to death for their evil and wicked courses . thus amongst the romans , the senate and people together proceeded against nero , julianus , vitellius , maximinius , heliogabulus &c. i speak not of traquin the proud expelled the kingdome by the people . so other emperours likewise , being found unfit & unable to govern the kingdom , have been deposed and others elected and crowned in their stead : as cbilderiek , charles the third , justinus the second , wenceslaus , all put off : and pepin , arnolph , fiberius , and rupert count palatine of rhine chosen and set in the empire . the cumaen state usually arraigned and punished their kings juditially if they saw cause . thus the french by authority of a publick councel & through the prudent care of the officers of the realm , deposed childerick the first , sigebert , theodorick , and childerick the third : so gyl , for his grievous taxes and other miscarriages they chased into soysons : theoduricus because he vexed and oppressed the people , was by the authority of the state deprived of all dignity . touching the kings of spain , we shall finde in histories and good authors , that frequently for their tyrranny and misgovernment they were deposed by their subjects : as theo-discle the tenth , vttiza , and other gotish kings , as infamous monsters were chased from their thrones . so don pedro the first , ordogno , alphonso the great astronomer , kings of castile for their cruelties , murders , and treacheries , all rejected and deprived of their realms . ramir of leon and garcia king of gallieia both deposed for their vitious and base doings . in hungaria , peter the second , and solomon the first ( to omit some others ) for their great insolencies , and injustice were both deposed , the first afterwards banished , and the other kept in prison till he died . so the bohemians deposed and banished boleslaus , rufus , berzinogius , sobeislaus , vladislaus : and twise imprisoned wenceslaus for his drunkennesse , neglegence , and cruelty . in poland the people have deposed imprisoned or expelled out of the kingdom many of their kings for their oppressions , and injustice , as ( amongst others ) miesco their second king , boleslaus his son , myoslaus , henrie &c. neither have the swedish kings been used otherwise , but for their cruelty , treachery , and tyranny have been thrust out of their thrones and realm by the people , as halsten , aminander , burgerius , magnus , henry , christierne the first and second , and others elected and crowned in their stead . so in denmark , humbus , ericus , christierne , father and son , censured and deposed by the state for their licenciousnesse and misgovernment : not to mention canutus , magnus , suano , put to death by the people . i passe over canades king of persia , dionysius the younger king of sicile , timocrates of cyrene : andronicus emperour of constantinople by the people rejected upon just cause . for scotland , if george bucanan and others of their own historians write truth as there hath seldom ever bin good king thereof so very few of them ( begin with this mans father and so go up ) that ever died an natural death . but touching the point in hand : how frequently the parliaments and nobles there have questioned their kings , imprisoned , deposed , yea judicially censured them , for their tyrannies , oppressions , whoredoms , murders , falshood and evil adminstration ; you may see at large in the aforesaid bucanan : some i have taken out of him : as durstus and his sons , so dardan , luctack , conarus , ramack , fereuhard , euginius , constantine , ethus , donald , lugrac , megal , edward , baliol , james the third : all these have been sentenced & rejected . i mention not such ( though he doth many ) whom the common people for their intollerable basenes murdered and put to death . to which i might adde , this mans grandmother , whom they imprisoned and caused to abjure and resign her interest in the crown and kingdom to her infant son ; and at last was solemnly arraigned and condemned to death by the parliament of england and beheaded at fatheringham castle , all which proceedings against her , as her deposition , imprisonment , ahd execution hath hitherto been justified as lawful . to come now to our own nation , many examples we have upon record in our chronicles concerning the matter in hand : i shall at this time but only touch things in a brief way : king vortigen after six years raign for his negligence and evil government was deposed from his crown by his subjects , and his son vortimer chosen and crowned in his stead . speed chron. pag. . . . sigehert king of the sumptuous using exactions and cruelties upon his subjects was put by his place and kenwolfe made king in his steed . speed hist. pag. . so ofred king of northumberland for his ill government was expelled by his subjects and deprived of all kingly authority . speed pag. . . ethelred ( the son of mollo ) so far offended his subjects that they tooke up armes against him and slew him at cobre . beornerd king of mercia , because governed the people , not by just laws , but by tyranny , was expelled the kingdom and offa chosen and crowned . mat. westm. pa. . the like was edwins case king of mercia and northumberland , for his misgovernment , tyranny and oppression , and following vaine , base , and wicked councellors was removed from all kingly dignity , in whose place edgar was elected king . i might have mentioned archigallo one of our ancient brittish kings in times of gentilisme , for some misorders was deposed by the people , when he had reigned almost five yeers , and his brother elidurus chosen in his room . so emerian another old british king deprived of all kingly honor and dignity , and yowally promoted to the crown . fabian par . . chap. . p. . . & chap. . p. . since the conquest ( as they call it ) king john disavowed by his lords and commons , for wasting , burning , and spoyling the kingdome like an enemy , electing lewes of france for their king ▪ speed p. . edward the second for his misgovernment put down , and edward his son elected and crowned . walsing. hist. p. . again anno . king richard the second for sundry misdemeanors objected against him in articles in parliament and breach of his coronation oath , was judicially deposed , and henry the fourth elected and crowned in his stead . so in anno . king henry the sixth queen margaret and edward their son by parliament dishinherited of their right to the crown and edward the fourth made king . here i shall end this point with a few proposals to the reader . . thou mayest observe when a king proves a tyrant it is the peoples own fault , if they relieve not themselves , and recover their ancient rights and liberties . . note , what mischiefs and miseries , this monarchy and king-craft brings with it , for it is no small disturbance and trouble to a nation to be forced to take up armes against a tyrant , and bring him to punishment . . ( and mark it wel ) according to the fact , so tyrants have been punished more or lesse : that saying in former times hath been held for a maxime , fiat justitia , mundum●●at . . here also thou mayst observe , how false to their trust , & prejudicial to the kingdom , the late treaty was , for what men , unlesse ignorant in state matters , dul of action , slavishly minded , fearful & unbelievers , or such as have cozened and cheated the countrey , and so made account by a generall act of indempnity to escape punishment ( hanging i should have said ) would ever have moved in such a way , as being free from a tyrant ( with great expense , and much pretious blood ) would seek to set him up again , and so by degree to be in greater slavery then before . lastly , for the opinion of learned men whether papists , lutherans or calvinists they do unanimously hold that kings for their tyranny and misgovernment may be censured and deposed by the people , because i have proposed to my self to be briefe , i shall onely mention a person or two . there is a book entituled de rege & regis institutione written by one joannes mariana a jesuite , wherein i find his words thus , a tyrannicall king continuing incorrigible after publick admonitions of the whole state , if there be no hopes of amendment , may not only be deposed , but put to death and murdered by the whole state , or any particular persons by their appointment ; yea , without it , if he be declared a publick enemy by the whole state , and in case the whole state cannot publickly assemble by reason of such a princes known notorious tyranny , then in such a case it is lawfull for any private man to murder him to free the countrey and kingdom from destruction . lib. . c. . howsoever i shall not stand to justify all that he sayes , yet his book was dedicated to philip the third king of spain , and published by his speciall priviledge afterward reprined at mentz in germany , cum privilegio sacrae caesariae majestatis , & permissa superiorem . danaeus allows , not only subjects actual resistance , but deprivation of kings , where princes set themselves to subvert religion , laws , liberties . polit. chryst . lib. . cap. . so zuinglius , when princes shall deal perfideously and contrary to the rules of christ , they may be deposed by the consent & suffrages of the whol , or at least the greatest part of the people , god helping them therein . explin . art. . and howsoever calvin pleads as much as a man can for tyrants and wicked magistrates , yet thus he saith , i alwaies speak of private men , for if there be any popular magistrates constituted in the behalf of the people to restrain the lusts of kings , ( such as heretofore were the ephori who were opposed to the lacedaemonian kings , or tribunes of the people against the roman senate , or the demarchi against the athenian senate , the which power peradventure as things are now , the free estates in all kingdoms enjoy when they assemble . ) i am so far from inhibiting them to withstand , the raging licenciousness of kings , according to their duty , that if they connive and wink at kings outragiously encroaching upon , and insulting over the poor communality , i shall affirm that their dissimulation is not without wicked breach of faith , because they deceitfully betray the liberty of the people , of whom they know themselves to be appointed protectors by the ordinance of god . instit. lib. . c. . sect. . fourthly , that no nation is so strictly tied to any form of government or law , but it is lawfull for the people to alter the same into any other form or kind upon occasion . we prove , and for the first thus . . because all formes of government were ordained for the peoples welfare , protection peace , &c. and therefore in case any one becomes incompatible or inconsistent with the publick safety , it may be changed without injustice , and grounded upon that first and chief law of all common-wealths , salus populi suprema lex esto , the safety of the people let that be the last law ; grounded also upon that saying of christ , mark . . the sabbath was made for man , and not man for the sabbath . whence i reason , look as man was before the sabbath , and the day made as serving to the preservation and safety of him , and so his life to be preserved by omitting the observation of the sabbath . so man being before the goverment , and government ordained for his safety , there is no form of government , but he may omit the use of it , if it be for his peace , profit and welfare . . it is a received principle of nature and reason , eodem modo quid constituitur , dissolvitur , in what manner a thing is constituted , it may be dissolved : again , omnia quae jure contrahuntur contrario jure pereunt . the apostle peter ( as we have already noted ) cals kings and their supreamacy , a humane creature or ordinance of man , because the same took its original and rise from men , and therfore that form of government is changable and revocable as the people ( whose creature the form is ) shall see reason and cause for it . as the potter hath power over his pots , and the gold-smith may alter and change his vessels and cups from one form to another : so here . . howsoever all government in general be of god , yet the kinds of it are left arbitrary to mens institution and free election : here i say people have liberty , to take or leave , as to lay aside one form and establish another , when they see it is more to the preservation of humane society , and the advancement of gods glory . thus aristotle and all politicians hold , all forms of government are changeable . lambertus danaeus polit. christ . l. . c. . pag. . speakes thus , when the lawes of a kingdom or common-wealth are not observed , but manifestly and obstinately violated by that magistrate , to whom and whose family the supream government is granted under certain conditions , i say , that kingdom or government so granted and conferred on conditions , may by all godly and christian people with a safe conscience be taken from him , and another form of government erected by a publick edict of the states gathered together ; if the safety of the common-wealth shall so require ▪ so he . . this is manifest by the diverse alterations of the monarchy in this kingdom , which hath been sometime divided into seven , sometimes into five , otherwhile into three or two kingdoms ; and at last all reduced into one . so by the great changes and alterations which have been made in forreign realms : as sometimes monarchy quite abolished and changed into aristocraticall or popular estate . thus the switzers and grisons departed from the romane empire , and became . common-wealths , every one holding their estate ( divided from other ) in soveraignty . the venetian common-wealth was at the beginning a monarchy , afterward changed into a popular estate , and now by little and little changed into aristocratital , yet so tacitly , in such a quiet sort that the change can hardly be perceived . so the thessalians , and people of sicile threw of monarchy , and had a popular state . the samians , corcyraeans , rhodians , cnidians , and almost all the common-wealths of greece after the victory of lysander were from monarchy changed into aristocraties . so again some nations have changed aristocraticall into popular government ; as the sabeans , sabirites , trezenians , amphilolits , chalcidians , thurians , chions , the argives , the people of delphos , tarentum , many more which i omit . and from popular some have changed into aristocratie , as the venetians , syracusians , lacedemonians , thebans , heracleans , cumaeans , megarenses , the luques , rhaguses , genes , and other . sometimes also the frame of aristocratical government hath been altered into monarchy , and it is well to be noted , what bodin notes as to be the cause and reason of such a change , namely , conquest and tyranny : and sets down many examples for it . lib. . de rep : c. . the jewes indeed desired such a thing , but how extreamly they offended god therein , the sacred history shews , who for asking a king gave them a king in his wrath . and thus much for the first particular . now we come to the other , viz. that such lawes and ancient customes as people find to be hurtfull , unprofitable or inconvenient , they may remove . for . many things which were convenient and necessary in former times , and therefore established in after ages are found unuseful , because there is not the same reason and cause for them as then there was . . there is no man of such parts and gifts , or so qualified , as to foresee in all things , what will be safest and best for the generations after him ; and therefore as many things must be left to every age , so the people in every age must look to their own safety and preservation , as to have such laws in use , as are for the present publick good , and what is otherwise to take off the force and stop the execution of them . . seeing the will of man ( and that often ) without reason , is the ground of law , according to his saying : sic volo , sic jubeo , stat pro ratione voluntas . it is therefore the more necessary to consider what the laws are , and how they are grounded ; for we know , mans will is full of darknesse , deceit , self-end , and what pleaseth one , is to another hurtfull and unprofitable . . what skilfull and prudent phisitians will not change their way and course of physick , if they see the same proves dangerous and destructive to their patients , and follow some other & better rules of art . statesmen are the peoples physitians , and therefore they ought to lay aside al such old laws & customs as are unprofitable and unusefull , and ordain wholesome and good ones in the room thereof . . we see that men change in condition , and one age is not like another : our ancestors some generations past , were so and so , but their posterity now are otherwise in condition , and therefore great care should be taken , that we have such laws , as are best and fittest for the time ; and to say the truth , herein consisteth much true policy : men chuse not a garment by the largenes , neither of the fineness of the cloath , but by the fitnesse , and how well it will serve the person that must wear it : i do take notice what a number there are , now ( taylor-like ) in london and thereabout , making garments for the nation and to clothe the people with new lawes ; now howsoever i professe not my selfe to be one of that trade , yet i wish wel to the work and humbly desire , that they do not so much mind largness & fineness , as to have things fit and to come well home to the nation , in a good accommodation , and a general satisfaction . . howsoever it cannot be denied , but we have many good laws amongst us , neverthelesse , such is our burden and misery , that they are like good mettel in a pot or vessel , so covered over with drosse and scum as the beauty and brightnesse of them shines not forth : now here is state wisdome which discovers a man to be vers'd in politicks , who studieth and labours how to remove the drosse , rather than promiscuously and without any destinction or difference to throw al away , as the scum so the precious and pure silver also . whoso breaketh a hedge , a serpent shall bite him . i know it is an ancient maxime of some polititians , that we must not change any thing in the laws of a common-wealth which hath long maintained it self in a good estate whatsoever apparent profit may be therby pretended . again , legum mutatio omnium erat peri culosa . but i have formerly proved it lawful , yea necessary to alter and chang the laws of a kingdom . yet so , as i shall desire all such as are specially concerned in this great work , to observe these cautions or rules . . that it be done with mature deliberation , good fore-thoughts , not hand over head , as to thrust in mens sudden and present conceits . men in their sleep , imagine they eat , drink , walk &c. and question not but it is all real and true : but being awake they perceive it was only a dream . it is not enough that a man is confident , and perswades himself it is so , but it is needful to enquire whether it be sleeping or waking , examine well how it is bottomed and grounded . my antigonist ( i dare say ) thinks he prophesieth right things , whereas poor man , he only dreams , and when the lord shall awake him of this sleep he will see and confesse so much . . whatsoever law or custom shall be taken away , yet it must not be , till after due examination , and finding upon proof sufficient cause and reason for it . otherwise it may happen , as it did to alexander , killing parmenio in hast , afterwards he repented and found the misse of him . . it must be minded , that the publick interest be especially provided for , and not to profit a few to the preiudice of many . . it is a principal maxime in sate-policy , when any law or custom is to be abrogated , to consider how far it is hurtful and in what regard and what sense or liking the people have thereof , and so to proceed either speedily , or to come thereunto by little and little without forcing of any thing . phisitians observe , that violent medicines in some cases raises up the humors and disperseth them so through the whol body , as the party becomes more distempered , and made the more uncapeable of health , and so the lesse hope of recovery : nevertheles , in some other cases , quick and strong phisick doth wel and safe . gal. de simp. . me . facult. c. . . this also must be looked to , what shall be next and come into the place , when such and such things shall be taken away : a man may pull down both sides of a house , who hath not the skill and art to lay one stone orderly and as it should be to build a new and better . i do ingeniously professe there are many things yet in church and common-wealth which i wish were taken away , and to me they do appear faulty : but ( hic labor , hoc opus ) if they were removed , what should come in their room ? that needs some consideration , both what , and how ? in the peoples agreement , i observe they are much for pulling downe , and it is soon said there needs , not many heads or hands for such work : now i could heartily wish , that these men or some other , would satisfie the land , if every particular by the parliament should be granted , how we might have their rooms and places fil'd again . it is an easie thing to tell where the sore is , and to shew it , but to make a salve to heal it is more difficult . . i do find in sundry histories , when the laws and customs of a nation hath been changed , howsoever the thing was good in it self , and some men had therein what they desired , yet afterwards great troubles and miseries have ensued , because the greater part saw no ground or cause of such changes , neither apprehended the benefit and usefulnesse thereof . and therefore it is the judgment of the wisest polititians , whensoever a state intends to alter the form of government or laws , to let the people see beforehand , upon what ground and just cause they will do it , and what conveniency , safety , and profit the publick shall have thereby . this will not only so take with the people , as to make them willing and desirous of the thing , but to contribute to the work what they are able that it may be well e●ected . now to the last point , what form of government is best . this is a great question among polititians , largely debated , and diverse men are diversly minded ; for my own ●udgement herein it is this , monarchie is the worst . and my reasons for it are these : . because a great part of the land is unnecessarily deteined , and kept away from the publick use and profit of the people , to maintain an unuseful creature . what a number of courts , pallaces , mannours , parks , forrests besides other rents , revenues , customs &c. there goes to maintain this king-ship , 't is hardly credible ; and how it is imployed it 's worth the noting . now what more absurd and inconsiderate than for a people to be at such unreasonable expence and charge to keep one of whom they have no need or use at all , but can do much better without him . we read how the prince of crange gave money to one bellazar gerard ( who named himself frances guyon ) to buy him provision , and therewith he bought pistols , powder , and shot and killed the prince . and what else do kings many times with the great treasury allowed them by their subjects , but procure ammunition & raise up forces to murder and destroy them . the children also of kings , are no small burden and unnecessary charge to a nation , considering their excessive riot , and expences . we speak not of doweries and other portions : and what serve they for , or what profit have the people by them ? the truth is , there is little or no good expected , if they prove not a curse and plague to the kingdom , we think it is well and take it as a great mercy : would it not therefore be better , what is needlesly wasted on them to be converted to some pious and charitable uses . . look upon monarchie and compare them with other forms of government , and this you shall certainly find , that whensoever corruptions and abuses break forth in a state they are not so easily , suddenly , and thorowly suppressed in the former as in the latter : and no marvail : for . as they have their original and rise usually from the court , so the king will labour what he can to uphold and defend the same . hence it comes to passe ( as many sad examples in this land shew ) that enormities , have so long continued and grown to such a height as the people have been forced to make war against the prince , and with the losse of much blood and other charges to reform the same which otherwise would never have been don . but where there is a free state you have no such inconvenience ; neither indeed are such abuses and corruptions ever seen , but if they did appear the matter would not be so difficult to suppresse them there . . put case the king hath no hand in these abuses ( which would be a strange thing ) yet are they not easily reformed , because what he heares and sees it is by other mens ears : whereas in the other government , magistrates are abroad to see and hear what is amisse with their own eyes and ears . . if things be compared together , this we shall find in a monarchy , the officers and ministers of state are usually ( as the king ) corrupt men , abusers oppressors of the people , and little or no help is to be had of relief and satisfaction . but in the other government , places are not open for such men , or should they once appear to be such , the people know a way soon to right themselves . besides where the people chuse their own magistrats they must needs be the best : for princes do not use to put men into office so much for the publick good , as how to carry forth their own private interest . . this misery and mischief ordinarily goes along with monarchies a slaughtering and murdering of the people by some devilish plot or other , pressing them forth to so me unnecessary war , to satisfie their lust and pride , or imposing intollerable taxes upon them , having some treacherous designe in hand : but in a free state there 's no fear of such things neither indeed can they happen . . if one form of government may be held better then another for religion and the gospels sake : then our position is certainly true , that monarchy is the worst , for by experience in all ages , under the kings of the earth the truth hath had least favour , and greatest opposition , and most have suffered death for the witnesse of jesus christ ; and therefore these powers of the world shall be first broken in pieces and consumed by the stone cut out of the mountain without hands , when the god of heaven shall set up a kingdom which shall never be destroyed . moreover it is remarkable , what frequent changes and alterations of religion there are , where kings do reign , as from papists to protestants , from protestants back to papists , from them again to protestants ; as it was in henry the eight , edward the sixth , queen mary , and queen elizabeths days : but in the other the course of religion hath no interruption by the disease of magistrates , though they change , yet religion alters not . . where the government is a free state , there men are encouraged to the study of wisdom , truth , justice , &c. because not titles there , but good parts make men capable of honor , authority , and place ; neither is there a door open for them to come in by bribery and flattery , but chosen by their fitnesse , gifts , and abilities . in monarchies much preferment goes by succession , the kings cosins though fools or knaves by birth challenge great authority . . according to the proverb new kings new laws : hear what bodin speaks ( i mention him the oftner because he is a great kingsman ) we commonly ( saith he ) in the changing of princes , new designs , new laws , new officers , new friends , new enemies , new habits , and a new form of living : for most commonly princes take delight to change and alter all things , that they may be spoken of , the which doth many times cause great inconveniences not only to the subjects in particular but also to the whole body of the state . de rep. lib. . c. . but no such prejudice or peril is incident to the other form of government , whatsoever things are publickly altered , it is maturely don , and upon good ground , and for the general profit and welfare of the people . . this form of government for which i stand , must needs be the best , being the mediocrity or mean between the two extreams , monarchy and anarchy ; that one should rule alone , is against that common maxime , plus vident oculi quam oculus , two eyes see more then one ; or that none should govern or al : t is so absurd and sencelesse as no man pleads for it , onely a malignant scandal raysed up against some honest men . . if men would not be blind they might cleerly behold a senceable and visible hand of god against this throning of kings ( specially taking in one after another by succession ) is saul also àmong the prophets , but who is their father ? what greater shame and dishonor can a nation lie under , then to take the son of a known and apparent adultresse , and make him their king ? what this mans wife is , and what his own mother was , and his fathers mother , to go no higher , it is fit it should be considered of , no marvail god hath punished us by such a race , where no zeal of god nor justice of law hath beene shewed against such open whordoms from one generation to another , only talkt and laught at whereas by the law of god open adulterers should be severely punished . . it is worthy of remembrance , what marks of soveraignty some do reckon up , as being the rights and prerogatives proper to monarchs , i have not the time to name them now , onely from them this followes undeniably , that monarchy is tyranny , i will not adde tollerable to it ; for granting unto kings such soveraignties , there is nothing left the people but meer slavery , and therefore people should be lesse senceable then beasts , if they would remain in bondage under monarchy , being able to free themselves in a just and honorable way , and to set up such a form of government , whereby they might enjoy more liberty , a thing not only good in it self , but naturally desired by all men , and deemed by the wisest more pretious then gold or pearls , according to tityrus in virgil : libertas , quae sera tamen respexit inertem , candidor post quam tondendi barba cadebat , respexit amen , & longo post tempore venit . but here i wonder how men giving such soveraignty to kings , should prefer monarchy before all other forms of government it is as plain contradiction , grosse ignorance , and base flatery as a thing can be . . i desire also the reader to take notice , that for the reasons which are brought in favour of monarchy , they may be thus answered . . whatsoever is said for the usefulnesse of it , not only may be the very same be said of the other , but much more and better , as tending to the publick good and profit . . touching their similitudes taken from god , the body a family , bees , cranes , &c. there is nothing can be more gathered from them , as applyed to the matter in hand , but that the commonwealth should be carefully looked unto . . for the antiquity of monarchies , i grant them to be of a long standing ( though later then the other ) josephus makes cain to be the author , but it is generally held that nemrod was the first man , and by other tyrants after him held up with great violence , rapine , and bloodshed . and whereas it hath enlarged it self far and neer , and lasted long ; this i mind to be a judgment of god layd upon the nations of the earth , to scourge them for their impieties , and great wickednesse against the king of kings . . touching the things objected against the form of government , which i plead for , they are either taken upon misunderstanding , or very frivolous , and not worth the answering : neverthelesse we shall shortly speak somthing thereto . but for the present this shall suffice . onely let me acquaint thee reader , before i break off , which is , that all such as prefer monarchy before the other kind of government , do it with distinction , for though they hold the former in the nature of the thing to be more excellent then the later ; yet in this they all agree , that as certain conditions may be , in respect of times , places , and persons , the government here defended is more necessary and usefull . now what reason and cause there is , for us to change monarchy into a free state , in reference to this present time , the place , our persons , and condition , i leave the same to the two great counsels of the land to consider of . imprimatur g. m. the loyall convert quarles, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing q ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing q estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the loyall convert quarles, francis, - . [ ], p. printed by henry hall, oxford : . a plea for political and religious submission to the king as ruler by divine right. attributed to francis quarles by wing. reproduction of original in huntington library. eng divine right of kings. a r (wing q ). civilwar no the loyall convert quarles, francis d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the loyall convert viro . improbus haec tam culta novalia miles habebit ? barbarus has segetes ? hom. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oxford , printed by henry hall . . to the honest-hearted reader . reader , ihere protest before the searcher of all hearts , that i have no end , either of faction , or relation in this ensuing treatise . i am no papist , no sectarie , but a true lover of reformation & peace : my pen declines all bitternesse of spirit ; all deceitfulnesse of heart ; and i may safely , in this particular , with saint pavl , say , i speake the truth in christ and lye not , my conscience bearing me witnesse in the holy ghost , that i neither walke nor write in craftinesse , nor handle the holy scriptures deceitfully : therefore if thy cause be iesus christ , in the name of iesus christ , i adjure thee to lay aside all wilfull ignorance , all prejudice , all private respects and interests , and all uncharitable censures : deale faithfully with thy soul , and suffer wholesome admonitions : search the severall scriptures herein contained , and where they open a gate , climbe not thou over a stile , consult with reason herein exerciz'd , and where it finds a mouth , find thou an eare : and let truth prosper , though thou perish ; and let god be glorified , although in thy confusion . the loyall convert . the kingdome of england , that hath for many ages continued the happiest nation on the habitable earth , enjoying the highest blessings that heaven can give , or earth receive ; the fruition of the gospell , which setled a firme peace ; which peace occasion'd a full plentie , under the gracious government of wise and famous princes , over a thriving and well-contented people , insomuch that shee became the earths paradise , and the worlds wonder , is now the nurcerie of all sects ; her peace is violated , her plentie wasting , her government distempered , her people discontented , and unnaturally embroyl'd in her owne blood , not knowing the way , nor affecting the meanes of peace ; insomuch , that shee is now become the by-word of the earth , and the scorne of nations . the cause and ground of these our nationall combustions , are these our nationall transgressions , which unnaturally sprung from the neglect of that truth we once had , and from the abuse of that peace we now want : which , taking occasion of some differences betwixt his majestie and his two houses of parliament , hath divided our kingdome within it selfe , which had so divided it selfe from that god , who blest it with so firme a truth , so setled a peace , and so sweet an unitie . at that sinne brought this division , so this division ( sharpned with mutuall jealousies ) brought in the sword . when the lyon r●●res who trembles not ? and when judgement 〈◊〉 , who is not troubled ? among the rest , i ( who brought some faggors to this combustion ) stood astonisht , and amazed ; to whom the mischiefe was farre more manifest then the remedy : at last , i laid my hand upon my heart , and concluded , it was the hand of god : where being plundered in my understanding , i began to make a scrutinie , where the first breach was made , that let in all these miseries . i found the whole kingdome now contructed into a parliament , which consisted of three estates ; a king , a house of peeres , and a house of commons ; by the wisdome and unitie whereof , all things conducible to the weale-publique were to be advised upon , presented , and established . i found this unitie dis-joynted , and growne to variance even to blood : the king and his adherents on the one party ; and his two houses and their adherents on the other . the presence of this division , was the true protestant religion , which both protested to maintaine ; the libertie of the subject , which both protested to preserve ; the priviledges of parliament , which both promise to protect : yet neverthelesse , the first never more profaned ; the second never more interrupted ; the third never more violated . standing amazed at this riddle , i turned , mine eyes upon his majesty ; and there i viewed the lords annointed , sworne to maintaine the established lawes of this kingdome : i turned mine eyes upon the two houses ; and in them i beheld the interest of my countrey sworne to obey his majestie as their supreme governour . i heard a romanstranoe cryed from the two houses i read it ; i approved it ; i inclined unto it : a declaration from his majesty ; i read it ; i applauded it ; i adhered to the justnesse of it : the parliaments answer : i turned to the parliament : his majesties reply ; i returned to his majestie . thus tost and turned as a weatherc●●k to my own weaknesse , i resolved it impossible to serve two masters . i fled to reason ; reason could not satisfie me : i fled to policies policie could not resolve me : at length , finding no councellour , but that which first i should have sought ; i hyed me to the book of god as the great oracle , and ushering my inquest with prayor & humiliation , i opened the sacred leaves , which ( not by chance ) presented to my first eye the of the proverbs , v. . the fear of a king is as the roaring of a lyon , & who so provoketh him to anger , sinneth against his own soule . now i began to search , and found as many places to that purpose , as would swell this sheet into a volume ; so that in a very short space , i was so furnished with such strict precopts , backt with such strong examples , that my judgement was enlightned , and my wavering conscience so throughly convinced , that by the grace of that power which directed me , neither feare , nor any by-respects shall ever hereafter remove me , unlesse some cleaner light direct me . but , above all the rest , a precept and an example out of the old testament ( strongly confirmed by a precept and an example out of the new ) setled my opinion and established my resolution . the first precept out of the old , jeremy , . v. . where it pleased god to owne nebuchadnezzar his servant , ( although a a known pagan , a profest idolater , and a fierce porsecuter of all gods children ) concerning whom he saith , v. . they that serve not the king of babylon , and that will not put their necks under his yoak , i will punish them with the sword , pamine , and the pestilence , till i have consumed them . v. . therefore hearken not to your diviners and prophets , that say unto you , you shall not serve the king of babylon , for they prophosio a lye unto you , v. . but the nations that shall serve the king of babylon , and bring their necks under his yoak , those will i let remain in their own land , ( saith the lord ) and they shall till it , and dwell therein . can there be a stricter precept ? or could there be a more impious prince ? and yet this precept , and yet this prince must be obeyed nay , sub paena too ; upon the paine of gods high wrath , fully exprest in famine , sword and pestilence , not onely upon the people , but upon the priests also , that shall perswade them unto disobedience . the second precept is enjoyned us out of the new testament , rom. . . let every soule be subject to the higher powers , for there is no power but of god ; the powers that be , are ordained of god : whosoever therefore r●sisteth the power , resisteth the ordinance of god , & they that resist shall receive to themselves damnation . this power , ( this king ) to whom s. paul commandeth this subjection , was nero , the bloody persecutor of all that honoured the blessed name of jesus christ . gods command should be a sufficient argument , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is enough : but when he adds a reason too , he answers all objections : but when he threatens a punishment ( no lesse then damnation ) upon the resistance thereof , he hath used all means to perswade a necessitie of obedience . let every soule be subject . ) not equall , much lesse superiour . and what is taking up of armes , but an implyed supposition of at least equalitie ? what are the hopes of conquest but an ambition of superioritie ? what is condemning , judging , or deposing , but supremacie ? for it is against the nature of an inferiour to condemne , judge , or depose a superiour . and , lest the rebellious should confine his obedience to a good prince , the next words reply . for there is no power but of god . power in it selfe is neither good nor evill , but as it is in subjecto , the person ; if an evill king an evill power , if a good king , a good power : god sends the one in mercy ; and we must be subject ; the other in judgement , and we must be subject : in things lawfull , actively ; in things unlawfull , passively : if a good king , he must have our praise and our plyance ; if an evill king , he must have our prayers , and our patience . he that resisteth the power ( whether good or evill , for all power is of god ) resists an ordinance of god ( ordinances of men are not resisted without ruine ) and whosoever resisteth , shall receive , but what ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , damnation to themselves . now compare this place with th●t . cor. . . he that shall eat this bread , & drink this cup of the lord unworthily , eateth and drinketh , what ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , damnation to himself . if then there be proportion betwixt the sin and the punishment , you may hereby gather the heynousnesse of disobedience , the punishment whereof is the very same with his that is guilty of the body & blood of our lord ; to the one for not discerning the lords body , to the other for not discerning the lords annoynted . the lords annoynted ? and who is he ? none but the regenerate : christ is not christ to any , to whom jesus is not jesus . gods word answers your silly objection , not i : was not saul gods annoynted ? was not cyrus gods annoynted , and many more whom god acknowledges so & yet wicked kings ? cyrus is mine annointed yet he hath not known me . the first example for our obedience the old testament proposeth to our imitation , dan. . . nebuchadnezzar the king of babylon sets up a golden image , shadrach , meshach , and abednego , were commanded to fall down & worship it . the king a knowne pagan commands grosse idolatry , did these men conspire ? or ( being rulers of the province of babel ) did they invite the jewes into a rebellion ? did these to strengthen their own faction , blast their soveraignes name with tyranny and faganisme ? did they endeavour by scandals and impious aspersions to render him odious to his people ? did they encourage their provinces to take up arms for the defence of their liberties or religion ? did they seize upon or stop his revenues ? or annihilate his power ? did they estrange themselves from his presence ? murther his messengers . or would they have slighted his gracious offers ? no , being called by their prince , they came ; & being commanded to give actuall obedience to his unlawfull commands , observe the modestie of their first answer ; we are not carefull to answer thee in this matter ; and being urged , ma●ke their pious resolution in the second : be it knowne , o king , we will not serve thy gods , nor worship the golden image which thou hast set up . the king threatens the fornace , they yeeld their bodies to the fornane & say , god whom we serve wil deliver us out of thy hands , and not , he will deliver thee into our hands . they expect deliverance rather in their passive obedience , then in their actuall resistance . but they were few in number , and their forces not considerable . admit that , which all histories deny . was not god as able to subdue him with so few , as to deliver them from so many ? had their weaknesse lesse reason ( for the cause of gods apparent dishonour ) to expect a miraculous assistance in those daies of frequent miracles , then we after so long a cessation of miacles ? gods glory will not be vindicated by unlawfull means , or unwarrantable proceedings . i , but we take up armes , not against the king , but against his evill counsellours . adherents ye meane . a rare distinction ! and , tell me ; whose power have his adherents ? the kings : by which appeares , ye take up armes against the kings power ; he that resisteth the power ( it is not said the prince ) shall receive damation . againe , where the word of a king is , there is power . god joyned the king and his power , and who dare separate them ? they that take up armes against the parliaments power ( you say ) take up armes against the parliament ; doe not they then that take up armes against the kings power , by the same reason , take up armes against the king ? now , look back upon your intricate distinction , and blush . but , if the king betray the trust reposed in him by his subjects , they may suspend their obedience and resist him . kings are gods vicegerents , & cannot be compelled to give an accompt to any , but to god . against thee , against thee only have i sinned : that is to thee , to thee only must i give an accompt . though i have sinned against ●riah , by my act ; and against my people , by my example , yet against thee have i only sinned . you cannot deprive , or limit them in what you never gave them . god gave them , their power , and who are thou that darest resist it ? by me kings raigne . but , his crown was set upon his head by his subjects upon such and such conditions . why was the penaltie , upon the faile , not expressed them ? coronation is but a humane ceremonie . and was he not proclaimed before he was crowned ? proclaimed ? but what ? a king ? and did not you at the same instant by relative consequence , proclaime your selves subjects ? and shall subjects condition with their king , or will kings bind themselves to their subjects , upon the sorfeiture of their power , after they have received their regall authoritie ? but the king hath , by writ , given his power to his parliament , and therefore what they doe , they doe by vertue of his power . the king , by his writ , gives not away his power , but communicates it . by the vertue of which writ , they are called ad tractandum & consulendum de arduis regni , to treat and advise concerning the difficulties of the kingdome : here is all the power the writ gives them , and where they exceed , they usurp the kings power , being both against the law of god , and the constitutions of the kingdome . well , but in case of necessitie , when religion and libertie lye at the stake , the constitutions of the kingdome ( for the preservation of the kingdome ) may suffer a dispensation . admit that : but what necessitie may dispense with the violation of the law of god ? the deviation where from is evil , and thou shalt doe no evill that good may come thereon . but , we take not armes against the king , but only to bring delinquents to condigne punishment . and , who are they ? even those that take up armes for the king ; which an unrepealed statute , . hen. . acquits . but , admit statutes may be broken , and you seeke to punish them ; who gave you the power so to doe ? the law : and what law denyes the king power to pardon delinquents ? god that hath put power into the hand of majestie , hath likewise planted mercie in the heart of soveraigntie : and , will ye take away both his birth-right and his blessing also ? take heed , you doe not slight that , which one day may prove your sanctuarie . but , the king , being a m●●r monarch , is bound to his owne lawes . there be two sorts of lawes , directive and coercive : as to the first , he is onely bound to make his accompt to god ; so to the second , he is onely lyable to the hand of god : who shall say unto him , what dost thou ? but kings now adayes have not so absolute a power , as the kings mentioned in the scripture . who limited it ? god or man ? man could not limit the power he never gave : if god , shew me where ; till then , this objection is frivolous . but , when kings and their assistance make an offensive , and a destructive warre against their parliament , may they not then take up defensive armes ? it is no offensive warre for a king to endeavour the recoverie of his surrepted right ; however , are not the members of a parliament subjects to their soveraigne ? if not , who are they ? if subjects , ought they not to be subject ? gods people , the jewes , that were to be destroyed by the kings command , neither did not durst make a defensive warre against his abused power , untill they first obtained the kings consent . but admit it lawfull , ( though neither granted nor warranted ) that subjects may upon such tearmes make a defensive warre ; does it not quite crosse the nature of a defensive warre , to assayle , pursue , and dis-possesse ? when you shot five peeces of ordnance , before one was returned at edge-hill , was that defensive ? when you besieged redding , which you after slighted , was that defensive ? when you affronted basing-house , was that defensive ? the warrantable weapons against an angry king , are exhortation , disswasion , wise reprenfe ( by such as are nearest to him ) petition , prayer , and flight . all other weapons will at last wound them that use them . the second example was left us out of the new testament , by him that is the true president of all holy obedience , our blessed saviour ; whose humilitie and sufferance was set before us as a copie for all generations to practise by . the temporall kingdome of the jewes , successively usurpt by those two heathen princes , augustus & tiberius , two contemporaries , was his natural birth-right , descended from his type , and auncestor king david . had not he as great an interest in that crown , as we have in this common-wealth ? was not he as tender-eyed towards his own naturall people , as we to one another ? was not the truth as deare to him , ( who was the verie truth ) and the way to it as direct to him ( that was the only way ) as to us ? was not he the great reformer ? had the sword been a necessary stickler in reformation , how happened it that he mistook his weapon so ? in stead of a trumpet , he lifted up his voice . were plots , policies , propositions , prophanations , plunderings , militatie proparations , his way to reformation ? were they not his owne words , he that taketh up the sword , shall perish by the sword ? nor was it want of strength , that he reformed not in a martiall way : could not he command more then twelve legions of angels ? or had he pleased to use the arme of flesh ; could not he that raysed the dead , rayse a considerable army ? sure , s. john the baptist would have ventured his head upon a fairer quarrell , and s. peter drawn his sword to a bloodier end ; no question , but s. paul , the twelve apostles and disciples would have proved as tough colonels as your associated essex priests did captaines ; and doubtlesse s. peter , who converted in one day , would have raysed a strong army in six . our blessed saviour well knew , that caesar came not thither without divine permission ; in respect whereof , he became obedient to the very shadow of a king ; and whom he actively resisted not , he passively obeyed . i , but there was a necessity of his obedience , & subjection , to make him capable of a shamefull death . no , his obedience , as well as death , was voluntarie ; which makes you guiltie of a shamefull argument . but , he was a single person ; we a representative body : what is unexpedient in the one , is lawfull in the other . worse and worse ! if our blessed saviour be not representative , tell me where of art thou a member ? woe be to that body politick , which endeavours not to be conformed according to the head mysticall . he preacht peace ; your martiall ministers ( by what authoritie they best know ) proclaime warre : he , obedience ; they , sedition : he , truth ; they , lyes : he , order ; they , confusion : he , blessednesse to the peace-makers ; they , courage to the persecutors : he , blessednesse to the persecuted ; they brand them with malignitie that call them blessed . god was not heard in the whirlewind , but in the still voice . but , his thoughts are not as our thoughts , neither are our wayes like his wayes . but , whence proceeds all this ? even from a viperous generation ( which hath long nested in this unhappie island ) and those encreased multitudes of simple soules , seduced by their sceming sanctitie , who taking advantage of our late too great abuse of ceremonies , are turn'd desperate enemies to all order and discipline , being out of charity with the very lords prayer , because it comes within the popish liturgie . how many of these have lately chalenged the name of sanctified vessels , for containing the poyson of unnaturall sedition ? how many of these have usurpt the stile of well-affected , for dis-affecting peace ? how many of these have counterfeited the honour of good patriots , for largely contributing towards the ruines of their country ? how many does this army consist of ? how for their sakes is blasphemy connived at ! sacriledge permitted ! how , for their encouragement , are lyes and brasse-brow'd impudencies invented , nay publisht ( nay published in their very pulpits ) and tolerated ( if not commanded ) even by them , who ( pe●chance , were this quarrell ended ) would throw the first stone at them ! how many of our learned , religious , and orthodox divines ( who by their able tongues , and pens , have defended and maintained the true ancient and catholique faith and vindicated the reformed religion from the aspersions of her potent adversaries ) are now plundred in their goods , sequestred in their livings , imprison'd in their persons , ( if not forced in their consciences ) whilest their wives and poore children begging their bread , are left to the mercy of these , 〈◊〉 mercifull times ; even for the encouragement of them , whose pedantick learning durst never shew her ridiculous face before an easie school-man , whose livelyhoods they unworthily usurp , not dispensing the bread of life but the darnell of giddy-headed fancie and sedition , abhorring the way to peace , and maligning those that ensue it . i , but we desire peace , so we may have truth too . what meane ye by having truth ? the preservation of the old truth , or the institution of a new ? if ye feare the alteration of the old , ( having your soveraigns oath , which you dare not beleeve ) what other assurance can you have ? the blood you shed , is certaine ; the change you feare , is uncertaine : it is no wisedome to apply a desperate remedy to a suspected disease . if the enjoyment of peace depends upon a full assurance of truth , our discords may beare an everlasting date : god hath threatned to remove his candlestick and our wickednesse justly feares it ; and so long as we feare it , shall we abjure peace , the blessed meanes to prevent it ? he that seekes to settle truth by the sword , distracts it . or , is it a truth ye want ? if so , is it of doctrine , or of discipline ? if of doctrine , actum est de nostra religione , farewell our religion . or , is it of discipline ? discipline is but a ceremony . and did the lord of the sabbath dispence with a morall law , for the preservation of an oxes life , or an asses ? and shall we , to alter some few indifferent ceremonies ( allowed by the parliaments of three pious and wise princes , and the practise of many holy martyrs , who sealed the true protestant religion with their blood ) cry down peace , and shed the blood of many thousand christians ? our seduced protestants will have no set forms of prayer but what proceed immediatly from their owne fancies . this is their truth . our semi-separatists wil heare our sermons ( if they like the teacher ) but no divine service . this is their truth . our separatists will not communicate in our churches , nor joyne in our congregations . that is their truth . our anabaptists will not baptize till yeares of discretion , and re-baptize . that is their truth . our antinomians will have no repentance . this is their truth . our independents will have an universall paritie ; this their truth . good god , when shall we have peace , if not till all these truths meet ! but , christ sayes , i come not to bring peace , but the sword : therefore , for the propagation of peace , it is lawfull to use the sword . so , he is tearmed a stumbling block , and does that warrant us to stumble ? so , he sayes , all you shall be offended because of me ; and does this patronize our offences ? the law is good and just : because then we had not knowne sinne but by the law , is it therefore lawfull for us to sinne ? god forbid . our saviour brings the sword among us , as wholesome meat brings sicknesse to a weakely sick stomack , or physick to a body abounding with humours ; not intentionally , but occasionally . thus , by your erroneous and weake mistakes , you make the prince of peace the patron of your unnaturall warre ; and the god of truth , the president of your unexamined errors . but , almightie god , the champion of his owne truth , and maintainer of his own cause , hath ( to mere then common admiration ) appeared in this great enterprize . he that delivered israels handfull from the hand of pharoahs host , hath shewed himselfe in the ( almost incredible ) proceedings of this heaven-displeasing warre ; the brief relation whereof may move those hearts , that are not seated , or stone , to melt into a thankfull acknowledgement of his power , and remaine as monuments of his mercy , that children ( yet unborne ) may say hereafter , god was here : viz. the two houses of parliament made first a generall seizure of all the armes , ammunition , castles , forts , magazines , and ships , ( being the whole visible strength of this unhappie kingdome ) to whom ( having now setled the militia , both by sea and land , in their own hands ) tides of proposition-gold came in upon the publique faith ; money ( like blood from the liver , conveighed through all the veines ) issued to make a large supply , and where it stopt a while , mountains of massie plate , from the vast goblet to the slender thimble , this faith removed into their safe possession : and when the great milch-cow began to slake , they prest her nipples , and by hard streyning renew'd the stream . as physicians evacuate the body , sometimes by vomit , sometimes by purge , sometimes by phlebotomie , sometimes by sweating , sometimes fluxing , sometimes diuretically , yet purge but the same peccant humour ; so did they , first by proposition , then by way of contribution , now by way of loan , then by way of subsidie ( no lesse then at one time ) here by way of assessement , there by way of twentieth part , then by way of excise , one while by way of sequestration , then by way of plunder , but still the issue , mony : and to work the better upon the affections of the multitude , all this for the behoof of king and parliament , for the pretended defence of ( god knowes what ) religion ; insomuch , that men came in like swarmes to the next tree , or rather like treacherous decoys , with their innocent multitude , into the net , and horses without number . thus were they supplyed with all necessaries which the arme of flesh could provide for the waging of an unconquerable war , whereon the money alreadie expended , makes no lesse figures then . millions ster. besides the revenues of the king queen , prince , duke of yorke , and the whole estates of all such as take up armes against them , besides free quarter , and souldiers yet unpayd . his majestie on the other side , driven away with a few attendants , not having among them so many swords and pistols as these had cannons , wanting both money , horses and ammution , onely what he received from the pietie of some beleeving subjects , ( whose eares were pamphlet-proofe against all defamations , and scandals cast upon sacred maiestie ) finding slender provision in his own dominions ; and that stopt or seized , which came from forreigne parts . no shipping , but what he purchast with the precious and extreame hazard of his few ( but valiant ) subjects : no armes , but what he gained by the couragious venture of his owne neglected life , the subject of our cortinuall prayers . yet , hath god covered his head in the day of battaile , and blest him with such successe , that he is ( by the divine providence ) become a great master of the field , and almost able to maintaine fight with his owne ships at sea . the god of heaven blesse him , and prosper him , and make his dayes as the dayes of heaven , that being here the faiths defender , he may still be defended by the object of that faith . nor is the providentiall hand of god more visible in prospering him then in punishing his enemies , whose ruines may remaine as sea-markes to us , and pyramids of gods power , whereof a touch . sir john hotham , then governour of hull , who first defyed and dared his soveraigne to his face , what is become of him ? how stands he a marke betwixt two dangers , having nothing left him but guile enough to make him capable of a desperate fortune ? master hampden , that first waged law & then war against his own naturall prince hath not he ( since these unhappy troubles began ) bin first punished with the losse of children , nay visited to the third generation , to the weakning ( if not ●●ining ) of his family , & then with the losse of his own life , in the same place where he first tooke up armes against his gracious soveraigne ? was it not remarkable that the lord brook who so often excepted against that clause in the lyturgie , ( from sudden death good lord deliver us ) was slaine so suddenly ? who was so severe an enemy against peace should perish in the same warre , ●e so encouraged ? who , so bitterly inveighed against episcopall government , should be so shot dead out of a cathedrall church ? who labouring to put out the left eye of establisht government , his left eye , and life were both put out together ? how is duke ham●l●on ( scarce warme in his new honour ) taken in his owne ●●re , having entangled his lord and master in so many inconveniences ? how is holland , whose livelyhood was created by his soveraigns favours , branded with a double treachery , and like a shittlecock fallen at the first returne , and scarce able to raise himselfe by a sorry declaration ? is not bristoll fines ( who at his councell of war condemned and executed innocent blood ) himselfe condemned , ( pleading innocence ) at a councell of war , from the mouth of his owne generall , though finding ( perchance ) more mercy then he either deserved , or shewed ? but that blood that cryed to him for mercy , will crie to heaven for vongeance . and are not many more ripe for the same judgement , whose notorious crimes have branded them for their respective punishments ? how many of those blood-preaching ministers have died expectorating blood , whilst others at this time labouring under the same disease , can find no art to promise a recoverie ? all whom i leave to possible repentance , and passe over . cromwell , that profest desacer of churches ( witnesse peterborough , and lincolne , &c. ) and rifler of the monuments of the dead , whose prphane troopers ( if fame has not forgot to speak a truth ) watered their horses at the font , and fed them at the holy table , that cromwell . sandes , whose sacrilegious troopers committed such barbarous insolencies , with his ( at least ) connivence , in the church of canterbury , and used such inhumane tortures on the tender brests of women , to force confession of their hidden goods , the golden subjects of their robberie . what can the first expect , and what reward the other hath found , i neither prophesie nor judge . if these and such as they , doe fight for the beformed religion , god deliver every good man both from them , and it : cursed be their wrath , for it is fierce ; and their anger , for it is cruell . these ( and of such many ) are they , that whilst they pretend a reformation , need first to be reformed . nor doe i , in tasking this army of such impious barbarismes , excuse or rather not condemn the other ; whereof no question , too great a number are as equally prophane ; whilst all together make up one body of wickednesse , to bring a ruine on this miserable kingdome ; for whose impieties his majestie hath so often suffered . i but his majesties army ( besides those looser sorts of people ) consills of numerous papists , the utter enemies of true religion . to whom the king hath sworn his protection , from those he may require assistance . but , unto all his people as well papists as protestants , he hath sworne his protection ; therefore from all his subjects , as well papists as protestants he may require assistance . neither does he call in papists as papists , to maintaine religion ( as himselfe hath often manifested ) but as subjects to subdue , or at least qualifie sedition . the ayd of the subject , is either in his person or in his purse ; both are requirable to the service of a soveraigne . put case his majestie should use the assistance of none but protestants ; tell me , would ye not be apt to cavill that he is favourable to the papists ; neither willing to endanger their persons , nor endamage their purses ; or , at least , that they are reserv'd for a last blow ? or , in case papists should largely under-write to your propositions , send in horses , armes , or other provisions , would you not accept it , and for its sake their persons too ? are you so strict in your preparations , as to catechize every souldier ? or , to examine first every officers religion ? or , having the proffer of a good popish , or debaucht commander , tell me , should he be denyed his commission ? remember sir arthur ashton , whom his majesty entertains by your example . these things indifferently considered , it will manifestly appeare , that the honest-minded vulgar aremeerly seduced , under the colour of piety , to be so impious , as by paysoning every action of their lawfull prince , to foster their implicite rebellion . but , in case , your side should prosper , and prevaile , what then ? would then our misertes be at an end ? reason tells us , no , god keeps us from the experience : think you , that government ( whether new , or reformed ) which is set up by the sword , must not be maintained by the sword ? and how can peace and plentie be consistent with perpetuall garrisons , which must be maintained with a perpetuall charge ; besides the continuall excursions , and conniv'd-at injuries committed by souldiers , judge you ? or , put the case , this necessary consequence could be avoided , think you the ambition of some new states-men accustomed to such arbitrary , and necessitated power , on the one side , and the remaining loyaltie of his majesties dis-inherited subjects watching all opportunities to right their injur'd soveraigne , and themselves , on the other side , would not raise perpetuall tempests in this kingdome ? or , if such an ( almost ) unpreventable evill should not ensue , think you , such swarmes of sectaries sweat for nothing ? are their purses so apt to bleed to no end ? will not their costs , and paines expect , at least , a congratulatory connivence in the freedome of their consciences ? or , will their swords , now in the strong possession of so great a multitude , know the way into their quiet scabbards , without the expected liberty of their religions ? and , can that liberty produce any thing but an establisht disorder ? and is not disorder the mother of anarchie ? and that , of ruine ? open then your eyes , closed with crasse , and wilfull blindnes and consider , and prevent that , which your continued disobedience will unavoidably repent too late . but , the truth is , they are all papists , by your brand , that comply not in this action with you : admit it were so ; are not papists as tolerable for his majesty , as anabaptists , brownists , separatists , atheists , antinomians , turks , and indeed all religions and factions , nay papists too , for his subjects ? these of his majesties side come freely , out of their allegeance , as subjects : yours , are preach'd in , comming out of obstinacie , as rebells : they , at their owne charges proportionable to their abilities ; these like iudas , selling their soveraignes blood for ill payd wages : yet , both sides pretend a quarrell for the true protestant religion . good god! what a monstrous religion is this , that seeks protection from the implacable opposition of her two champions ! his majesty protests to maintaine it : the two houses protest to maintaine it : o , for an oedipus to reade this riddle ! his majesty addes one clause more , wherein if the other party would agree , the worke would be at an end , which is : according to the establisht constitutions , by oath taken by him at his coronation ; and there the two houses leave him contending for a yet undetermined alteration . and , for my part , i dare not conceive such evill of the lords anointed , and my gracious soveraigne , as to feare him perjur'd . hatn not his majesty , in the presence of that god , by whom he reignes , imprecated the curse of heaven on him and his royall posterity , ( sub sigillo sacrament . too ) if he , to his utmost , maintaine not the true protestant religion exercised in that blessed queenes dayes , and propagated by the blood of so many glorious martyrs ( at which time god blest this island in so high a measure ) if he preserve not the just priviledges of parliament , and the liberty of the subject ? nay , more , did not his majesty so promise the severe execution of the statute against all recusants , that if he failed , he desired not the ayde of his good subjects ? what interiour person would not think his reputation wronged , not to take up considence upon such terrible termes ? what notorious evill hath his majesty perpetrated to quench the sparkles of a common charity ? consider , o , consider ; he acts his part before the king of kings , whose eye is more especially upon him ; he acts his part before his fellow princes , to whom he hath declared this his imprecation ; he acts his part before his subjects , whose stricter hand weighs his pious words with too unequall balances . were he the acknowledger of no god , yet the princes of the earth , ( if guilty of such a perjurie ) would abhorre him . or , were all the princes of the earth , blind , deafe , or partiall , would not he think his crown a burthen to be worne upon his perjured brow before his own abused people ? or , ( having renounced his subjects ayde , upon his fayle ) could he expect that loyalty , which now he wants upon a meere suspition ? but : he is a prince , whom god hath crowned with graces above his fellowes ; a prince , whom , for his piety , few ages could parallel . what vices of the times have branded his repute ? his youth , high diet , strength of body , and soveraigne power might have enclin'd , and warpt him to luxurious vanitie , as well as other monarchs , whose effeminacles have enerv'd the strength of their declining kingdoms ; how many would have held it a preferment to be attorny to his royall lust , or secretary to his li●some sinne ? yet , he remaines a president of unblemisht chastity . he might have pleasd and pamperd up his wanton palate with the choice of curious wives , to lighten cares which wait upon the regall diademe ; yet , he continues the patterne of a chaste sobriety : he might have magnifyed his mercie , and sold his justice , to reward a service , in pardoning offences ( committed by those of neare relation ) yet he abides the example of inexorable justice . these and many other eminent graces , and illustrious vertues can claime no birth from flesh and blood ; especially , in those , whose pupillages are strangers to correction ; nor is it safe divinity , to acknowledge such high gifts , from any hand , but heaven . which , being so , my conscience , and religion tells me , that almighty god , ( who is all perfection ) will not leave a work so forward . so imperfect ; but , will , from day to day , still adde and adde to his transcendent vertues , till he appeare the glory of the world ; and , after many yeares be crowned in the world of glorie . martial . llb. . ep. . rerum prima salus , & una caesar . post-script to the reader . now thou hast heard the harmony of scriptures , without corruption ; and the language of reason , without sophistry . thou hast not only heard divine precepts , but those precepts backt with holy examples : neither those out of the old testament alone , but likewise out of the new . being now no matter lest for thy exceptions , prevaricate no longer with thy own soule : and , in the feare of god , i now adjure thee once againe , as thou wilt answer before the tribunall at the dreadfull and terrible day ; that thou faithfully examine , and ponder the plaine texts which thou hast read , and yeelding due obedience to them , stop thine eares against all sinister expositions ; and remember , that historicall scripture will admit no allegoricall interpretations . if any thing , in this treatise , shall deserve thy answer , doe it punctually , briefly , plainly , and with meeknes ; if , by direct scripture , thou canst ( without wresting ) refute my error , thou shalt reforme , and save thy brother ; if not , recant thine , and hold it no dishonor to take that shame to thy self , which brings glory to thy god . pet. . . be alwayes ready to give an answer to every one that asketh you a reason , with meeknes and feare . finis . notes, typically marginal, from the original text notes for div a e- pre. . pre. . ob. ans. sam , . . example . dan. . . dan. . . dan. . . ob. ans. ob. ans. eccl. . ob. ans. psal. . . prov. ● , . ob. ans. ob. ans. ob. ans. ob. ans. ob. ans. ob. ans ob. ars. hester . example . pet. . mat. . ob. ans. ob. ans. ob. ans. ob. mar. . . ans. co. . . mat. . . rom. . . ob. ans. the obligation resulting from the oath of supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king, his heirs and successors. in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation; and of divers judgments of parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. pett, peter, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the obligation resulting from the oath of supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king, his heirs and successors. in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation; and of divers judgments of parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. pett, peter, sir, - . [ ], , [ ], [i.e. ]- , [ ] p. printed for thomas dring at the harrow at chancery-lane end in fleetstreet, william crook at the green dragon without temple-bar, and william rogers at the sun over against st. dunstan's church in fleet-street, london : . dedication signed: p.p. 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the obligation resulting from the oath of supremacy , to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king , his heirs and successors . in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned ; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation ; and of divers judgments of parliaments declaring their approbation of the exercise of such power , and particularly in what concerns the punishment of disability , or incapacity . princes are supreme over persons , not over things . this is the supreme power of princes which we teach , that they be gods ministers in their own dominions , bearing the sword , and freely to permit and publickly to defend that which god commandeth in faith and good manners , &c. princes may command the bodies of all their subjects in time both of war and peace , &c. out of all question where princes may by god's law command , all men must obey them , &c. the prince may discharge the servant , but no man can discharge the subject . the word of god teacheth you to obey princes ; the words of men cannot loose you . bishop bilson of the supremacy . london , printed for thomas dring at the harrow at chancery-lane end in fleetstreet , william crook at the green dragon without temple-bar , and william rogers at the sun over against st. dunstan's church in fleet-street , . to the right honorable john earl of melfort , viscount of forth , lord drummond of rickartone , &c. his majesty's principal secretary of state for the kingdom of scotland , and one of his majesty's most honorable privy council in both kingdoms of england and scotland , &c. my lord , as the historian hath told us of ireland , that long ago while the arts and sciences were generally banish'd from the christian world they were enthroned in ireland , and that men were sent thither from other parts of christendom to be improved in learning ; so i have elsewhere observ'd that in some late conjunctures ( and particularly during the turbid interval of the exclusion ) men might well be sent to scotland to learn loyalty . and i having taken occasion in the first part of this discourse to shew my self a just honourer of that country , and ( as i may say ) somewhat like a benefactor to it by sending thither the notices of some pass'd great transactions that might possibly there give more light and life to the moral offices of natural allegiance or obedience , did hold my self obliged in common justice to address this part of my work to your lordship . for as your station here qualifies you beyond other subjects to receive what tribute is offer'd to your country , so your handing it thither will necessarily make it there the more acceptable . and when i consider with what an incomparable tenderness for the monarchy and its rights so many of the statutes of scotland since the year . have been adorn'd , i am apt to think that any matter of presidents or records by me recover'd out of the sea of time where they lay so long useless and neglected , and now happening to be serviceable to those moral offices before-mention'd , would by the so many in that kingdom devoted to consummate obedience and loyalty , be more valued then if i could have imported into that realm another such treasure as that which lay so long buried in the ocean near the bahama islands , and that whoever contributed to your loyal country any substantial notions that might enrich it in the discharge of the duties of the born and sworn allegiance , would be esteem'd there as some way sharing in the honour of arauna , in giving like a king to a king. long may your great master live happy in the enjoyment of the faithful services of so vigilant a minister as your lordship , who by the universality of your knowledge accompany'd with universal charity for all mankind , have appear'd to be born , as i may say , for the time of his most glorious reign , the time chosen by heaven for mercies triumph on earth . nothing vulgar was to be expected from a person of your lordship's extraordinary intellectual and moral endowments , and in whom the loyalty and other virtues of your many noble ancestors have ( as it were ) lived extraduce . and the world would be unjust to you if it acknowledged not its great expectation answer'd by your greater performances , and particularly by your having been so eminently ministerial in the easing both the cares of your prince , and of all his subjects too by the figure you have made in promoting the ease of his people's consciences , and in further ennobling and endearing the name of drummond by your lordship's prosecuting that by the bravery of action , which the historian of that your name did by words , when he transmitted to posterity the most christian and statesman-like speech of liberty of conscience , i know extant , and as spoke by a roman-catholick councellor in scotland to king iames the fifth . i most humbly kiss your lordship's hands , and am , my lord , your lordships most obedient servant , p. p. the obligation resulting from the oath of supremacy . to assist and defend the pre-eminence or prerogative of the dispensative power , belonging to the king , his heirs , and successors , &c. part i : a. in this kingdom of england , so naturally of old addicted to religion and vehemence in it , as to give a bishop of rome cause to complain , he had more trouble given him by applications from england about it , then from all the world beside ; and afterward to make geneva wonder at the sabbatarians here exceeding the iewish strictness ; and to cause barclay in his eupho●…mio to say of the english , nec quicqúam in numinis cultu modicum possunt , and that our several sects thought unos se coelestium rerum participes , exortes coeteros omnes esse : did you ever observe , hear or read of the style of tenderness of conscience so much used as in the year . and sometime afterward ? b. i have not . from the date of king charles the first 's declaration to all his loving subjects about that time , wherein he speaks of his care for exemption of tender consciences , till the date of king charles the second's declaration from breda , wherein the liberty of tender consciences is provided for , the clause of easing tender consciences ran through the messages , addresses , and answers that passed between king and parliament almost as much as the clause of proponentibus legatis did run through the councel of trent . a. but were not their consciences extremely erroneous who thought themselves bound then to advance religion by war ? b. a●… , and by a civil war ( as you might have added ) against a prince of the tenderest conscience imaginable : for that character he had from an arch-bishop in his speech in the parliament of who said , our sovereign is , i will not say above other princes , but above all christian men that ever i knew or heard of , a man of most upright , dainty , and scrupulous conscience , and afraid to look upon some actions , which other princes abroad do usually swallow ? and he might have added , a prince the real tenderness of who●…e conscience had so often favour'd the nominal tenderness of others , who instead of being tender-hearted christians , were stiff-necked iews ; and who might justly apprehend that it was only duritia cordis , instead of tenderness of conscience he dispens'd with , and as when god dispens'd with the iews in polygamy . for since tenderness of conscience doth necessarily render a man abstemious from things lawful , and to be of a gentle submissive temper not only to his equals , but inferiors , and to be merciful even to brute creatures , and not only averse from suing any one about penal lawes , but ready to remit somewhat of his right rather then to go to law with a stranger , and much less with ones father ; the pater patrioe seeing any men outraging the lawes , and the quiet of the whole realm by that wilde brutish thing call'd war , ( for ferinum quiddam bellum est ) might well judge them utterly devoid of all tenderness of conscience . i shall therefore frankly tell you , that no doubt but their consciences were extremely erroneous , or rather sea●…ed . our great writer of conscience , bishop sanderson in his sermon on rom. . . discussing the causes from which mens doubtfulness of mind may spring , and saying that sometimes it proceeds from tenderness of conscience , which yet is indeed a very blessed and a gracious thing , doth very well add , but yet ( as tender things may sooner miscarry ) very obnoxious through satan's diligence and subtlety to be wrought upon to dangerous inconveniences . and if we consider that a civil war cannot be lawful on both sides , however a foreign one may , we may well account that any deluded melancholy people who were tempted to raise a civil war out of a blind zeal for religion , and to assault the thirteenth of the romans out of the apocalypse , had hard spleens instead of tender consciences , and that they have soft heads instead of tender hearts , who try to make religion a gainer by war. but indeed the project of planting religion and propagating the church by war , that is described to be status humanoe societatis dissolutoe , and that so presently opens to all mens view the horrid scene of contempta religio , rapta profana , sacra profanata , is so vain , that the old proverbial impiety of such who did castra sequi how victorious soever , hath naturally help'd to make conquering nations embrace the very religion of the conquered ; a thing exemplify'd in the conquests of the danes and sa●…ns in england , of the gothes in italy and france , and spain , and of the moors in spain , and in the turks having overcome the saracens , embracing the saracens religion . and the vanity of reforming the world by war , that profound and conscientious statesman cardinal d'ossat in his third book , th letter and to villeroy , a. . hath well taught us , and where he mentions how he urged to the pope the reasonableness of harry the th's , so religiously observing the great edict of pacification , and that the many wars made again and again by hereticks , serv'd for nothing but in many places to abolish the catholick religion , and in a manner all ecclesiastical discipline , iustice , and order , and to introduce atheism with the sequel of all sorts of sacrileges , parricides , rapes , treasons and cruelties , and other sorts of wickedness , &c. and afterward that on the making war , all the malecontents , all people indebted and ne●…ssitous , all debauchees , and vagabonds , all thieves and other criminals , whose lives were become forfeited to the law , of what religion or opinion soever they were , were wont to joyn with the hugonots , and did more harm to the church , and religion , and good manners in one day of war , then they could in a hundred days of peace . thus ●…e who ●…its in the heavens had them here in derision , while they in effect thus presumed to transprose scripture , and to say glory to god in the highest , and on earth war , and ill will towards men ; and while according to that saying in arch-bishop l●…d's famous star-chamber-speech , viz. no nation hath ever appear'd more jealous of religion then the people of england have ever been , they were under such transports of misguided zeal , as to adore that their jealousie , and to offer sacrifices to it with as much contempt of heaven and cruelty to mankind , as ever were offer'd to the image of iealousie referr'd to by ezekiel ; and to which the tenderest of their relations were not thought too costly victims : and to which their truly tender-conscienced king , who like moses with tenderness carried them in his bosome as a nursing-father beareth the sucking child , and who sometimes out of tenderness to several of his complaining children sacrificed the rigour of his penal lawes , and to whom they should have been subject for that tender thing conscience sake , was himself at last sacrificed . how did that pious prince sometimes in relation to his heterodox protestant subjects imitate the father of the prodigal , who when his son was yet afar off , ran to meet him , fell on his neck and kiss'd him , a thing acknowledg'd by an eminent learned divine , mr. iohn ley in his book call'd defensive doubts , hopes and reasons , printed in the year . and where in p. . urging the bishops to procure the revocation of a late canon of the church , and having said wherein if they appear and prevail , they need not fear any disparagement to their prudence by withdrawing that they have decreed , since the wisest statesmen and greatest governors have used many times to comply so far with popular dispositions , as to vary their own acts with relation to their liking , as the pilot doth his soils to comply with the wind , he addeth , and you cannot have a more authentic example both to induce you to this , and to defend you in it from all imputations , then that of our sacred sovereign , who rather then he would give any colour of complaint for aggrievances to his people , was pleas'd to dispense with the five articles of perth's assembly , and to discharge all persons from urging the practice thereof upon any either laick or ecclesiastical person whatsoever , and to free all his subjects from all censures and pains whether ecclesiastical or secular , for not urging , practising , and obeying any of them , tho they were es●…ablish'd both by a general assembly , and by act of parliament . king charles his large declaration of the ●…umults in scotland , p . & p. . and for his own acts ( for these articles of perth were propounded and ratify'd in the reign of his royal father ) he imposed the service book , the book of canons , and high commission upon his subjects in scotland , and upon their humble supplication , was content graciously to grant a discharge from them : passing his princely promise that he would neither then nor afterwards press the practice of them , nor any thing of that nature , but in such a fair and legal way , as should satisfie all his loving subjects . the duplys of the divines of aberdene , p. . and p. , . whereupon mr. ley thus goes on , viz. wherein wise men who judge of consultations and acts by their probable effects , and not unexpected events , cannot but highly commend his majesty's mildness and clemency : which we doubt not would condescend to your requests for a removal of this great aggrievance if you would please to interpose your mediations to so acceptable a purpose , and upon our humble sute , which in all submissive manner we tender to your lordship ( and by you to the rest of your reverend order ) we hope you will do so , since we have it upon his word ( his royal majesty's word , which neither in duty nor discretion we may distrust ) that the prelates were their greatest friends ( i. e. of his scottish subjects ) their councels were always councels of peace , and their solicitations vehement and earnest for granting those unexpected favours which we were pleas'd to bestow upon our people . the king 's large declaration , p. thus then the royal dispensation with the five articles of perth was at the intercession of the bishops , tho' they knew the same establish'd by act of parliament , graciously afforded to his scotish subjects . those articles of perth related to various religionary matters , viz the introducing of private baptism , communicating of the sick , episcopal confirmation , kneeling at the communion , and the observing such ancient festivals as belong'd immediately to christ : and of which doctor heylin in his history of the presbyterians having spoken saith , that the king 's indulging the scots in dispensing with the penal laws about them , was an invitation to the irish papists to endeavour by armed force to compass the king's dispensation . but how tenderly the consciences of the roman catholics in ireland were in the reign of the royal martyr then protected under the wing of the dispensative power , contrary to what the dr. observ'd , any one may see who will consult my lord primate bramhal's replication to the bishop of chalcedon , where he saith , that the earl of strafford lord lieutenant of ireland did commit much to my hands the political regiment of that church for the space of eight years . in all that time let him name but one roman catholic that suffer'd either death or imprisonment , or so much as a pecuniary mulct of twelve pence for his religion upon any penal statute , if he can , as i am sure he cannot , &c. and such was the acquiescence of the populace , and of the three estates in the penal lawes there against the roman catholics being thus dead or asleep , that in the printed articles of impeachment against the then lord chancellor of ireland , and that lord primate th●…n bishop of derry , and others of his majesty's publick ministers of state exhibited by the commons to the lords in the year . there is not a syllable of complaint against those lawes being so dispens'd with by connivence . nor yet in the printed schedule of grievances of that kingdom voted in the house of lords there to be transmitted to the committee of the same house , then attending in england to pursue redresses for the same , is there any representation of such indulgence being any gravamen , nor yet of the great figure the irish papists then made in the government , the majority of the parliament , and of the iudges and lawyers then being such . and pursuant to that prince's indulgence offer'd to the tender consciences of his subjects in the year . he was graciously pleas'd in the treaty at uxbridg●… to order his commissioners who were such renown'd confessors of the church of england , to make the first royal offer there that freedom be left to all persons of what opinion soever in matters of ceremony , and that all the penalties of laws and customs be suspended . and the truth is , since the christian religion did in its first settlement so rationally provide for its propagation in the world , and its bespeaking the favour of princes by its enjoyning subjection and obedience to their lawes , not only for wrath , but conscience sake ; and since that principle of humane lawes binding the conscience ( which was so often and so publickly avow'd by that prince and arch-bishop laud , and bishop sanderson and the divines of the church of england in general ) is the surest guard to princes thrones and their tribunals ; and that therefore 't is the interest of the prince and people . to be more watchful in preserving that principle then all the iewels of the crown , or walls of the kingdom : that prince did therefore necessarily take care to preserve and to perpetuate in some of his tender-conscienced subjects , a continued tenderness for his lawes by his lawful dispensative power ( as particularly in the case of his scottish subjects ) in taking off the obligation of obedience , and of conforming themselves to the establish'd lawes ; for such dispensation intrinsecally notes the taking off such obligation from the persons dispens'd with . and it is indeed a solecism for any one to ask indulgence from a prince who owns the law of the land , binding him in conscience ; if he doth not think such prince perswaded that his power of granting it is a part of that law . he was not ignorant of his father's aversion against the penal lawes in general , and on which account my lord bacon celebrating him , saith , as for penal lawes which lie as snares upon the subjects , and which were as a nemo scit to king henry . it yields a revenue which will scarce pay for the parchment of the king's records at westminster . and religionary penal lawes requiring the greatest tenderness , as he found when he came to the government , that the two most famous puritan divines , mr. hildersham and mr. dod , men of great probity and learning , had often been in his father's time pursuant to the act for uniformity disabled from preaching , and been re-inabled to it by particular indulgence ( and as likewise fuller tells us in his church history , that bishop williams when he was lord keeper of the great seal of england , procured a licence from king iames under the great seal for mr. cotton the famous independent to preach notwithstanding his non-conformity ) so he in the same manner that his royal father did , held the reins of the law loose in his hands as to those two other non-conformists beforemention'd . the history of mr. hildersham's life , mentions that he was silenced in iune , a ▪ , and restored again in ianuary , a. . again he was deprived and silenced , april a. . for refusal of subscription and conformity , and after some time again restored : and was again silenced in november , a. . by the king 's particular command ; and on april . a. . he was judicially admonished by the high commission , that saving the catechizing of his own family only , he should not afterward preach , catechize , or use any of the offices or function of a minister publickly or privately 〈◊〉 he should be lawfully restored and releas'd of his said suspension . but shortly after the beginning of the reign of the royal martyr , he was again restored ; and was afterward again silenced , and so continued till august . a. . and then he was again restored . and mr. dod's life represents his case as parallel with this before-mention'd . he was in king iames his time suspended and restored , and again by the king 's particular command disabled from preaching , and was by king charles the first re-ennabled or restored . thus as fortis fortem amat , one tender conscienced man too loves another such ; and the executive power of the law in re-ennabling after temporary disability , was tenderly administred by these our princes to these conscientious men , with respect to their real capacity of favour to be shew'd them . a. you have here given me a taste en passant of part of the dispensative power , as exercised in the three realms during some conjunctures in the reign of king charles the first , and for which i thank you , and particularly for what you told me of the act of parliament dispens'd with in scotland , of which i never heard before ; and am apt to suppose a thing of that nature was never done before in that realm . b. i can assure you , to those who know the publick transactions of that kingdom , the thing will not in the least seem new . i can tell you that on the th of november , a. . king iames the th of scotland made an act of state in favour of three roman-catholick earls , huntly , arroll and angus , by which act he allow'd them several priviledges , contrary to acts of parliament made against roman-catholicks . and his majesty in his act of state expresly dispenseth with those acts of parliament : and which dispensation tho queen elizabeth importuned him to revoke ( and for that purpose sent the lord zouch as her embassador to him ) he still adhered to the act of state he had made , and continued his dispensation . a. have you this matter of fact out of any of the records in england or scotland ? b. i have it out of the original papers under the hand of queen elizabeth and her great minister burghly , and the original instructions of the lord zouch when sent by her to expostulate with the king about it , that were lately in my custody , and by me sent to our gracious sovereign : and i shall some other time give you a more particular account of that dispensation . a. but ( i beseech you ) did not the protestant divines of the church of scotland then cry out of the unlawfulness or inexpedience of that dispensation ? b. i have read it in a learned book of dr. maxwell a scotch-man , printed a. . ( and who was then bishop of killally in ireland , and had formerly been bishop of rosse ) that mr. robert bruce one of the ministers of edenburgh , and who had a great sway in the church of scotland , was pleas'd with the king 's extending his favour to angus and arroll , but out of a factious complyance with the earl of arguile , was displeas'd at its being shewn to huntly . but that loyal bishop there acquiesceth in the reason of state , that inclined the king to pardon the three earls , and his thereby hindering the growth of faction in scotland , and providing for his more easie and secure access to the throne of england on the death of queen elizabeth . and so you may easily guess what sort of men in scotland look'd with an evil eye on that act of the royal goodness , and who did not . the bishop there had applauded the great depth of the king's wisdom , and his transcendent goodness in the pardoning the three earls , and mention'd that there was nothing of religion in the case of bruce's aversion against the pardon of huntly , for that angus and arroll were as bigot papists , if not more then huntly . i can likewise direct you to my lord primate bramhal's celebrated book call'd a fair warning to take heed of the scotish discipline , where in chap. . thus entituled , viz. that it robs the magistrate of his dispensative power ; he saith by way of instance , when the popish earls of angus , huntly , and arroll , were excommunicated by the church , and forfeited for treasonable practices against the king , it is admirable to read with what wisdom , charity , and sweetness his majesty did seek from time to time to reclaim them from their errors , &c. and on the other side to see with what bitterness and radicated malice they were prosecuted by the presbyteries and their commissioners , &c. sometimes threatning that they were resolv'd to pursue them to the uttermost , tho it should be with the loss of all their lives in one day , &c. sometimes pressing to have their estates confiscated , &c. he refers there in his margin to ass. edinb . . but any one who shall consult d'ossat's letters , and there in the second book carefully read over the th letter that was writ to villeroy in the year , and three years after the date of king iames his act of state , and observe what that great sagacious cardinal there refers to concerning the circumstances of those three earls , and how all the prudence that could be shewn by man , was but little enough for the conduct of that king in that conjuncture , in order to his removing what impediments either from rome or spain , or his native country might obstruct his succession to the crown of england ; will not wonder at his having dispens'd and continued his dispensation as aforesaid . a. i have not yet ask'd you whether the divines of the church of england , did not lift up their voices like a trumpet against the dispensative power thus exercised by their prince , as you have mention'd ? b. they discharged their duties in preaching occasionally against all growing errors : but they wanted none to mind them of the saying , impium esse qui regi dixerit , inique agis . the pious and learned author of certain considerations tending to peace , &c. mentions how the bishop of st. davids in king iames's reign , a. . did in a set speech in convocation shew , that ministers were not in the late archbishop's time disabled from their ministry on the account of non-conformity to the ceremonies by law enjoyn'd ; and concluded his speech with the motion of petitioning the king , that if the removal of some of the ceremonies enjoyn'd could not be obtain'd , nor yet a coleration for them of more stay'd and temperate carriage , yet at least there might be procured a mitigation of the penalty , &c. and as the suspension or disabling of hildersham and dod from their ministerial functions , so the restoring of them to the same without all such things done by them as the strictness of the lawes required , was in both those princes reigns executed by the bishops . nor do i remember to have read of any divine of the church of england to have in the least look'd with an evil eye on the goodness of the dispensative power in the reign of king charles the first being extended to particular persons ; but the hated sibthorpe , who in his sermon of apostolick obedience ( as he call'd it ) doth speak of mens being bound to observe the lawes of the land where they live , except they will suffer as busie bodies , or except they will have that inconvenience granted , that the general lawes or government of a nation must be dispens's withal , according to the particular conceit and apprehension of every private person : whereout what coleration of heresy , what connivence at errors , what danger of schisms in the church and factions in the state , must necessarily follow , &c. and having mentioned the liberty of a few erroneous consciences bringing the bondage of many regulated commands , he saith , we must prefer the general before the particular , and not let every one be loose to their list and affection , but all must be kept within the lists of their duty and subjection . and i but just now told you of that prince's avowing ▪ that the bishops advised him to the tenderness he shewed in dispensing with his lawes , to gratifie the pretended tenderness of the consciences of some of his scotish subjects in that conjunct●… ▪ ●…eand by which dispensing one would have thought they might have been sufficiently antidoted against the strong delusions of entring into war for religion . oh that such thoughts had been then impress'd on their minds , as are contain'd in the general demands of the ministers and professors of aberdene , p. . as i find them cited in the book of mr. ley before-mention'd , viz. there be other means more effectual for holding out of popery ( and so of any unlawful innovation ) in which we ought to confide more then in all the vowes and promises of men , yea , also more then in all the united forces of all the subjects of this land , to wit , diligent preaching and teaching of the word , frequent prayer to god , humbling of our selves before him ; and amendment of our lives and conversations , and arming our selves against our adversaries by diligent searching of the scriptures , whereby we may encrease in the knowledge of the truth , and in ability to defend it against the enemies of it . oh that the demagogues of those times had caus'd such words then to have been writ in our churches , or i might rather wish that those heads of parties had had themselves then hearts of flesh , and that such tender words had been like a law written there . but the urgentia imperii fata were upon us ; and that delicate use of conscience that is in . cor. . . call'd examen vel probatio nostrum ipsorum , and whereby it resembled the best property of a beam in scales , namely its tenderness , and turning with the least part of a grain , was among the great actors in that rebellion quite laid aside , and all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the weightier matters of the law did not stir their consciences : and the great obligation of their oaths of allegiance and supremacy signify'd no more then the dust of the balance . tho they pretended to so nice a tenderness about any thing that look'd like an oath in familiar discourse and was not one , as at the saying in faith , or in troth , and so would seem to come under solomon's character of him that feareth an oath , ( but as to which words of in faith , or by my faith , our judicious sanderson de iuramento makes them amount to no more then a meer asseveration , or at the most an obtestation ; and saith , that the genuine interpretation of the words , by my faith , whether in an assertory or promissory matter is this , i speak from my heart , i pawn my faith to you that the thing is so ) . yet they at the same time would ridicule or seize on any one who had told them of what they were sworn to in the oath of allegiance , and of the recognition they made there , as the words of that oath are , heartily , willingly and truly upon the true faith of a christian. a. there was a solemn league and covenant afterward took by those who had so apparently outraged the oath of allegiance , and it was taken generally by all the layety and clergy of the parliaments party ; and was there not a general tenderness of conscience express'd then in the observance of that covenant ? b. in the course of my observation of men and things , some things have more particularly occurred to me to shew you that the great takers and imposers of that covenant did as plainly and without any seeming remorfe outrage their oath in that covenant , as they did their oaths of allegiance and supremacy . for after they had first sworn to endeavour to preserve the reformed religion in the church of scotland in doctrine , worship , discipline , and government , and then sworn to endeavour to reform religion in these kingdoms of england and ireland in all points , according to the examples of the best reformed churches ; and so were bound to reform us according to the pattern of scotland , ( for that church must necessarily pass for the best reform'd church , that stands in need of no resormation , being to be preserv'd by them in the state it was ) the parliament instead of setling in england the presbyterian government which then in scotland , had within its verge four judicatories , and all pretended to be founded on divine right . . a parochial session . . a presbyterian consistory . . a provincial synod . . a general assembly , as they were bound to , did in effect settle erastianism ( a tenet , or hypothesis of church-government that the scotch and english presbyterian divines avowed as great an hatred of as of popery it self ; erastianism giving the supreme power in ecclesiasticals to the civil magistrate ) and in their printed votes and orders reproved the presbyterian divines for challenging an arbitrary power , and which they would not grant , nor set up ten thousand iudicatories within the kingdom , as the parliaments words were : referring to the scots parechial session , where a competent number of lay-elders ( whom they call presbyteri non docentes ) and deacons proportionable to the precinct and extent of the parish are conjoyn'd , and which associate body thus compacted is the spiritual parochial sanhedrim . but this very first point of that church-government , the parliament hinder'd presbytery from gaining here , and opposed its moving in that lowest sphere of the parochial session of setling so many thousand ecclesiastical courts of pye-powder in england , and whereby it could never hope to climb up to the primum mobile of a general assembly , which in reality was the sphere the parliament it self moved in . mr. prynne who was one of the greatest champions for that covenant , was yet an eminent profess'd erastian , and mr. coleman a member of the assembly of divines , another of those champions for the covenant , was likewise a declared erastian , and a great favourite of the parliaments , and whose frequent sermons before them for erastianism were printed by their order ; and which sermons of his , ▪ and likewise his books writ for it were with great heat impugned in print by mr. gillespy a divine of scotland , and one of the commissioners in england for that kingdom : and who in a printed sermon of his preach'd before the house of lords , doth call erastus the great adversary ; and in one of his pamphlets against mr. coleman , call'd nihil respondes , mentions how the presbyterians and independents were both equally interessed against the erastian principles . and as to the greatness of the number of the covenanters out of parliament that rejected the iure-divinity of the scots ruling elders , mr. coleman gives us his judgment in p. . of his reply to nihil respondes , viz. that / of the assembly , and / of the kingdom denyed a ruling elder to be an instituted officer jure divino . but heylin having told us in his history of presbytery , that presbytery did never setle its lay-eldership in any one parish in england : we may easily thence suppose the national violation of that national covenant , without any apparent regret of conscience on that account . how all the independent clergy and layety who had took the covenant did in a manner simul & semel most notoriously violate it , in setting up the model of their church-government is not unknown . but indeed , as the very sagacious author of the book call'd , the main points of church-government , &c. printed in london , a. . hath observ'd , the known sense of the scotish nation which framed the covenant , and for whose satisfaction the covenant was here taken , doth include independency under the name of schism , or at least under those words contrary to sound doctrine ; and our independent divines could not but know this to be their sense of it , and yet we know of none that did protest against it , or explain themselves otherwise at the first taking of the covenant , if they have done it since . and i might further tell you , that after the engagement was set up of being true and faithful to the common-wealth of england as it is now establish'd without a king or house of lords ; tho several of the presbyterian divines out of a sense of their oaths and allegiance , and their covenant were so loyal as to refuse it , i have not heard of any of those independent ones who did . but such was the inundation of practical atheism in the kingdom that our civil wars had caus'd , that when the engagement was set up , almost the whole body of the lawyers in england took it rather then they would lose their practice . these men knew the meaning of the acts of parliament containing the oaths of allegiance and supremacy , and yet were abandon'd by a disloyal sophistical principle of the want of power in a lawful sovereign to protect them , absolving them from their obedience , to cancel their oaths in the court of conscience . and in a word further to shew you how the tender regard of publick promises was here grown one of pancirol's lost things , i shall tell you , that tho in the parliament of richard cromwell , none was allowed to sit but he who had first took a recognition of engaging to be true and faithful to the lord protector , &c. and not to propose or give any consent to alter the government as 't is setled in one single person and a parliament , yet the republicans in that parliament were not in the least diverted by that recognition from endeavouring there to alter the government , and it was there avowed by them , that a promise or oath took without doors , did not bind within . and at last to bring up the rear of mens perjury , after all the oaths legal and illegal had been so much confounded , when the late king's restauration was almost in sight on the then general monk with his army coming to london , a new oath of abjuration of the royal line was at that time set on foot in councel , and which some there would have had imposed on the general himself . a. good god! what a concatenation of perjuries was our land so long enslaved with ? you have referr'd to the solemn league and covenant for extirpating popery and superstition , and while a general assembly , and parliaments were planting here the doctrine of the council of lateran , namely the absolving subjects from their oaths of allegiance . b. and while they were planting a discipline , that archbishop whitgift in his reply to t. c. p. . . and bishop hall in his book of episcopacy , part . p. . and bishop downham in his defence of his sermon , l. . c. . p. . and archbishop bramhal in his fair warning to take heed of the scotish discipline almost throughout , do charge with popery ; and where the last archbishop doth represent the covenant with the terms of baal , baal berith and baalims , and saith , it were worth the enquiring whether the marks of anti-christ do not agree as eminently to the assembly general of scotland , as either to the pope or to the turk . this we see plainly that they spring out of the ruines of the civil magistrate : they sit upon the temple of god , and they advance themselves above those whom the scripture calls gods. a. that archbishop's saying , it were worth the enquiring thus concerning that general assembly as then used , is the only thing wherein i differ from him , for i think there is no doubt in the case . b. to this you may add the thoughts of their being associated against superstition , while they were planting the grossest superstition that any age hath known , if we may take our measures of superstition from that definition of it in the reformatio legum ecclesiasticarum , viz. superstitio cultus est ad deum relatus , immenso quodam proficiscens humano studio , vel animi certâ propensione quam vulgò bonam intentionem vocant , &c. let any one consider , how after the beginning of the parliament of forty , they had obtain'd in the very act that took away the ship-money , that all the particulars prayed or desired in the petition of right should be enacted ; one whereof was , that no oath should be imposed on the subjects that was not establish'd by act of parliament , and how in despite of that law , they without any such act , out of a blind zeal for religion , imposed this dreadful oath on the people : let any one but read over the covenant with a narrative , and the speeches of mr. nye and mr. hendersham at the time of the solemn reading , swearing and subscribing of the covenant by the house of commons , and assembly of divines in st. margaret's church ▪ and observe in mr. nye's speech , his saying , that association is of divine offspring , and his resembling of this covenant to the covenant of grace , and the matter of it there represented by him as worthy to be sworn by all the kingdoms of the world , as a giving up of all those kingdoms to christ ; and where it followeth , yea , we find this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet on two of gods kingdoms , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to do this day , and so swearing , rev. . &c. and consider how he there makes this oath to be the most effectual means for the ruining popery and prelacy , and leaves it to be consider'd , whether , seeing the preservation of popery hath been by leagues and covenants , god may not make a league and covenant to be its destruction , after he had before-mention'd the associations of the religious orders and fraternities , and the combination by the la sainte ligue for the muniting of popery , as incentives to this league ; and how he doth again go to the magazine of the apocalypse for some weapons for this covenant , and hath other artillery for it from the iewish state , citing the words of the prophet , let us joyn our selves to the lord in a perpetual covenant that shall not be forgotten , & how according to the ratio nominis of superstition , viz. of mens over-importunate prayers that their children might out-live them , he concludes with a devout prayer , that this covenant may out-live their childrens children ; and let any one behold in mr. henderson's speech the like flame of enthusiastick zeal ( or of the superstition quam vulgo bonam intentionem vocant ) against superstition and idolatry in worship , &c. and concluding it with his belief , that the weight of that covenant would cast the balance in our english wars ; i say let any one consider all this , and tell me if ever he saw a more pompous scene of superstition , and more magnificent procession bestow'd on it , and contrived as bishop sanderson's words are in his lecture , de bonâ intentione ( and having his eye on that covenant ) viz. obtentu gloriae dei , reformandae religionis , propagandi evangelii , extirpandae superstitionis , exaltandi regni domini nostri iesu christi ; and if ever he saw what the bishop in that lecture calls the iesuites theology , viz. omnia metiri ex commodo sanctae matris ecclesiae , more strongly asserted then in the contexture and imposition of that covenant . but those two divines lived to recover their allegiance , and a due sense of their oaths for it , and to see that foetus of their brain , that at its solemn christning they wish'd immortality to , renounced publickly as a spurious birth ; and to the scandal of that age , a race of other oaths in england as infamously born , intercept its inheritance . nay , let me tell you , that in the nation of scotland ▪ loyalty hath been a growing plant of renown since the year . and the idol of their former covenanted presbytery been by the loyal nobility and gentry and populace there generally abhorr'd . and tho sir george wharton in his gesta britannorum relates it as a strange thing that on the st of august , a. . the parliament of scotland pass●…d an act for a national synod , the first that ever was in that kingdom under the government of bishops ; yet i can tell you of an act of parliament that pass'd there afterward , that declared the right of the crown to dispense in the external government of the church . i shall entertain you with it out of the scotch statutes , viz. in the first session of the second parliament of king charles the second , there pass'd an act asserting his majesty ▪ s supremacy over all persons , and in all causes ecclesiastical . edenburgh , november th . the estates of parliament having seriously considered , how necessary it is , for the good and peace of the church and state , that his majesty's power and authority , in relation to matters and persons ecclesiastical , be more clearly asserted by an act of parliament ; have therefore thought fit it be enacted , asserted and declared , like as his majesty , with advice and consent of his estates of parliament , doth hereby enact , assert and declare , that his majesty hath the supreme authority and supremacy over all persons , and in all causes ecclesiastical within this his kingdom ; and that by virtue thereof , the ordering and disposal of the external government and policy of the church doth properly belong to his majesty and his successors , as an inherent right to the crown : and that his majesty and his successors may setle , enact and emit such constitutions , acts and orders , concerning the administration of the external government of the church , and the persons employed in the same , and concerning all ecclesiastical meetings and matters to be proposed and determined therein , as they in their royal wisdom shall think fit . which acts , orders and constitutions , being recorded in the books of councel and duly published , are to be observed and obeyed by all his majesty's subjects , any law , act , or custom to the contrary notwithstanding . like as his majesty , with advice and consent aforesaid , doth rescind and annul all laws , acts and clauses thereof , and all customs and constitutions , civil or ecclesiastick , which are contrary to , or inconsistent with , his majesty's supremacy , as it is hereby asserted , and declares the same void and null in all time coming . a. you told me before how the king dispens'd with the five articles of perth , setled by act of parliament ; but this act yields so great a territory to the dispensative power , that my thoughts cannot suddenly travel through it . it acknowledgeth in the crown a more sublime power then of dispensing with presbyterians or independents , or of suspending the penal laws against them , namely of abolishing episcopacy , and of making presbytery or independency the national church-government . car tel est notre plaisir now for the external form of church-government , is allow'd to make the pattern in the mount. and 〈◊〉 accordingly as mr. baxter in his book call'd a search for the schismaticks , represents archbishop bramhal's new way of asserting the church of england in his book against him , . to abhor popery . . that we all come under a foreign spiritual iurisdiction , obeying the pope as the western patriarch , and also as the principium unitatis to the universal church ; governing by the canons , &c. may not the king by this act make the external government of the church of scotland patriarchal , and the pope patriarch ? b. the act needs no comment : and if you will tell me that the scots shew'd themselves erastians or latitudinarians when they made it , i shall acquaint you that that archbishop in his schism guarded , p. . asserts , that a sovereign prince hath power within his own dominions for the publick good to change any thing in the external regiment of the church , which is not of div●…ne institution , and that he had in p. . of that book , allow'd the pope his principium unitatis , and his preheminence among patriarchs , as s. peter had among the apostles ; and that in p. . of his iust vindication of the church of england , he takes notice that by the statute of carlisle , made in the days of edward the first , it was declared , that the holy church of england was founded in the estate of prelacy by the kings and peers thereof . but now further to entertain your thoughts with the great scene of the new heaven and the new earth in that kingdom , and of men there walking at liberty , as the words in the psalms are ( or at large , as 't is in the ma●…gin , and as in the latin , indesinenterque ambulabo in ipsa latitudine quia mandata tua quaero ) whose measures were before staked down to the narrow tedder of presbytery , and whose souls were once enslaved to a blind zeal for that church-government ( as what they then fancy'd to be the putting the scepter into christ's hand , and the only efficacious means to keep out popery ) i shall tell you that they have now put the scepter into their prince's hand to rule the church with what external government he will , who were form●…rly so ready to enslave both kingdoms , by designing to put the royal scepter of scotland into the french king's hands , and to bring a popish french army into scotland to enforce the setlement of presbytery . a. one would hardly think it possible that they should then design any such thing . b. as the civil law rangeth things that wound mens piety ▪ reputation , or good manners , among impossibles ; so one would think those of the scots then designing a thing of that nature , to be an impossibility . and any one would thus think it impossible , who consider'd that the crown of england , a. . sent forces into scotland , whereby the french were driven out of that kingdom , and that thereupon in the publick printed prayer prefixt to the scots psalm-book , it is said , viz. and seeing that when we by our own power were altogether unable to have freed our selves from the tyranny of strangers , thou of thine especial goodness didst move the hearts of our neighbors ( of whom we had deserv'd no such favour ) to take upon them the common burden with us , and for our deliverance not only to spend the lives of many , but also to hazard the estate and tranquillity of their realm ; grant unto us , o lord , that with such reverence we may remember thy benefits receiv'd that after this , in our default we never enter into hostility against the realm and nation of england . suffer us never , o lord , to fall to that ingratitude and detestable unthankfulness , that we shall seek the destruction and death of those whom thou hast made instruments to deliver us from the tyranny of merciless strangers , &c. but he who shall read k●…ng charles the first 's declaration concerning his proceedings with his subjects of scotland since the pacification in the camp near berwick , printed a. . will find this fact too true : and the letter there likewise printed , which was under the hands of the leading men of the presbyterian faction in scotland writ to the french king , and wherein his assistance is implored . a. but by that act about the supremacy in scotland , a. . that you read to me , i see that the old leaven of presbytery is there sufficiently purged out , and that the very mass of blood in mens principles relating to the regal power is universally sweeten'd . b. you have great reason to judge so ; and if you had read the scotch statutes since the year , you would find the body of that nation having the temperamentum ad pondus for loyalty . and your having mention'd the old leaven there purged away , minds me of minding you that that nation having so nobly discharged its moral offices in that case , ought to be absolv'd in the thoughts of all the loyal from the fact of its former deflection from loyalty : and that the great measures of christian charity ought to extend beyond that judgment of seneca , that poenitens est fere innocens , and even as far as s. paul's generous discharge of the corinthians on their having purged out that ferment , viz. for behold what carefulness it wrought in you , what clearing of your selves , yea , what indignation , yea , what fear , yea , what vehement desire , yea , what zeal , &c. in all things ye have approved your selves to be clear in this matter . look on their acts of parliament in the time of k. charles the second , by one of which it is declared , that his majesty his heirs and successors , by uirtue of the royal power which they hold from god almighty over this kingdom , shall have the sole choice and appointment of officers of state , and councellors and iudges ; and by another , that the estates of parliament considering that the kings of this realm deriving their power from god almighty do succeed lineally thereunto . and i can direct you to another , that contains in it so strange a resignation to the king's measures , as may make you again wonder at the possibility of such a temper , and not to be equall'd by any thing i have read of ▪ but that pang of zeal wherewith so many once at cambridge were affected for edward the senior , when they swore to will what he willed ; i mean that act of parliament in scotland an. . concerning the league and covenant , and discharging the renewing thereof without his majesties warrant and approbation . the act concludes with an inhibition , that none presume to renew that covenant or any other league or covenant without his majesties special warrant so to do . thus then that covenant tho by them so much nauseated , they shew'd themselves ready again to swallow , if his majesty for any such reasons of state , as they could not foresee , should enjoyn them so to do . a. you do indeed make me wonder at this great example of the tenderness and extent of loyal obedience in scotland . b. i can tell you of another act of parliament , viz. the th act of the second session of the second parliament of k. charles the d edenburgh . august the act against conventicles , where their very zeal against them is a wall of fire to guard the dispensative power . the act runns thus , forasmuch as the assembling and convocating his majesties subjects without his majesties warrant and authority is a most dangerous and unlawful practice , prohibited and discharged by several laws and acts of parliament under high and great pains , &c. for the suppressing and preventing of which for the time to come , his majesty with advice and consent of his estates of parliament , hath thought sit to statute and enact , &c. that no outed ministers who are not licensed by the councel , persons not authorized or tolerated by the bishop of the diocess , presume to preach , expound scripture , or pray in any meeting , &c. and that none be present at any meeting without the family to which they belong , where any not licensed , authorized nor tolerated , as said is , shall preach , expound scripture , or pray , &c. a. the act for uniformity here car. . doth justice to the prerogative of the crown in dispensing , by taking care that the penalties in it shall not extend to the foreigners or aliens of the forriegn reform'd churches allow'd or to be allow'd by the king's majesty , his heirs and successors in england , and which were granted to them with non-obstante's to all acts of parliament . b. and the act o car. . entitled , seditious conventicles prevented and suppressed , passing in the parliament of england in the same year that the act against conventicles did in scotland , and concluding with a proviso , that nothing therein contained , shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs , but that his majesty and his heirs and successors may from time to time , &c. exercise and enjoy all power and authority in ecclesiastical affairs , &c. any thing in this act notwithstanding , shewed such a concordant sympathy between the two realms in tenderness for the prerogative of dispensing with the penal laws ecclesiastical , as is between the strings of two distant lutes , on the touching the string but of one of them . but i must tell you , that tho by this proviso the benefit of the dispensative power hath been sufficiently secured to the churches of forreigners here , and the king 's ecclesiastical supremacy justify'd in its power of indulging the conventicles of all sorts of recusants , yet as in the scotch act the crown 's dispensing with conventicles hath been more express then in the english act , so hath the administration of prerogative in that kind been more tenderly and signally exercised in scotland , then i have observ'd it to be in england . for i find in a look call'd a compendious history of the m●…st remarkable passages of the last years , &c. printed an. . that in p. . the author referring to the month of iuly , . saith , that upon a rebellion in that kingdom being nipt in the bud , his majesty was pleas'd to publish a proclamation , commanding the iudges and all magistrates to apprehend and punish all such as frequented any field-conventicles , &c. according to the prescript of the law , as also to prosecute with all legal rigour the execrable murtherers of the late arch-bishop of st. andrews : declaring withal that his majesty being desirous to reclaim all such as had been mis-lead through ignorance or blind zeal , had according to the power reserved to his majesty by the th act in the d session of the d parliament , suspended the execution of all laws and acts against such as frequent house-conventicles on the south-side of the river tay , excepting the town of edenburgh , and two miles round the same , &c. and the truth is , it must likewise be to the honour of that nation acknowledged that in the worst of times , they after their covenant did not contract any such guilt of perjury by a superfetation of enterfering oaths , as great numbers of our land did : and that they were exemplary to england in loyalty , and in propping up the hereditary monarchy , while so many here in the plott-conjuncture were infatuated with the project of the exclusion , as to give me occasion by a fresher instance , and but of yesterdays occurrence to invite you to behold a spectacle of the divine iustice in abandoning such men here to the guilt of superstition who used unjust means to extirpate it . such among us who had not took notice of that english and scotch sainte ligue , and its being so generally exploded , and who in the late ferment about popery would have fortify'd an exclusion with an association ; and again set up association as of divine-off-spring , you see how being wild with excessive fears and iealousies of the growth of popery , they were guilty of the superstition of founding dominion in grace . a. considering how men here have laughed at the obligation of their lawful oaths , and that for unlawful oaths a land mourns , methinks 't is an adventurous thing for a prince to take possession of his inheritance of the empire of such a land so encumbred with the guilt of swearing and forswearing . o when may we see that antient general tenderness in point of oaths here , that flourished among us in the days of our first reformation : nay even in some times of our roman catholick ancestors ! b. i believe never , till after all the living here being resolved to dust , and a new race of mankind enriching themselves and their country by the culture of the earth and manufactures , men shall be above temptations from necessity , to take god's name in vain ; and when the very use of oaths assertory or promissory , will be dispens'd with by nature . i am sure the spectacle of mangled and slaughter'd bodies covering a field immediately after a battle hath not more horror in it , then the sight of the consciences mai'md and wounded by the inobservance of publick oaths hath been since the aera of . and as our chronicles mention , that they who were born in england the year after the great mortality an. . wanted some of their cheek teeth , i may say that generally they who have been born here the years after . wherein the plague of perjury by the outraging those oaths of allegiance and supremacy was so epidemical , have seem'd able only to swallow those oaths , but not to ●…hew upon them in serious and considerate thoughts : no not at the very frequent times of their taking them . and still tho in speculative points in england consulitur de religione ; yet conclamatum est as to a general tender regard to the religion of those oaths . there was ( i think ) a want of tenderness in some as to their sworn assisting and defending all the priviledges and preheminences belonging to the crown , during the late ferment about my lord danby's pardon : and i may more sadly reflect on the same mens want of recollecting their oath obliging them to the king his heirs and successors at the time of the ferment about the exclusion . a. i think that many who by repentance have been cured of the epidemical plague of perjury that reged here in . and of such a plague , and another of fears and iealousies since , have yet sustain'd more damage thereby , then they who were born the year after did in wanting some of their cheek teeth ; and that their case is like that of those who were recover'd of the great plague at athens that thucydides hath described , and who tells us , that after their recovery , their souls had lost the faculty of memory , and were dozed with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 about what themselves had done , or what had passed in the world during the horror of that very plague , or before or since . but after all this said , i am to ask you if you will make all those perjured who having took the oaths of allegiance and supremacy , promoted the exclusion ? b. by no means . i have more humanity and christian charity then to do so . i shall here observe to you that divines in their measures of mens sinful actions do often make use of the distinction of materialiter and formaliter . thus for example , ames in his cases of conscience l. . c. . si quis falsum dicit , putans esse verum , mentitur tantum materialiter . si quis verum dicit , putans esse falsum , mentitur formaliter . and he having before in l. c. viz of heresy , made pertinacy a requisite to a man's being formally an heretick , and said that pertinax est qui non est paratus captivare intellectum & rationem suam omnem sacrae scripturae , adds , haereticus igitur potest esse quis materialiter , dum assensum praebet erro●…i pernicioso , vel ex simplici facilitate out temeritate haereticis or dendi qui sub honestâ aliquâ specie fallunt , vel ex ignorantiâ qui ●…ormaliter non est haereticus : cum pertinacia & obstinatio animi deest , atque adeo pro simpliciter haeretic●… non est babendus . concordant with these measures of ames , have i observ'd those of some ingenuous roman-catholick writers , who have declared that they will not pronounce all protestants to be hereticks formaliter . and it is therefore no wonder that such their judgment of charity hath been retaliated by some of the most renowned divines of the church of england , viz. the lord primate bramhal , bishop taylor , dr. hammond and others , who have deny'd to pronounce the worshipping the host to be formal idolatry ; that is to say , to be not so at all in reality , since we know that according to the trite rule , forma dat esse . and thus that primate in his schism guarded saith very well for that purpose , p. . every one who is involved materially in a schism is not a formal schismatick , more then she that marries after long expectation , believing and having reason to believe that h●…r former husband was dead is a formal adulteress , or then he who is drawn to give divine worship to a creature by some misapprehension , yet addressing his devotions to the true god , is a formal idolater . and having there cited s. austin of heresy , he who did not run into his error out of his own over-weening presumption ▪ nor defends it pertinaciously , but receiv'd it from his seduced parents , and is careful to search out the truth , and ready to be corrected if he find it cut , he is not to be reputed among hereticks ; he saith , it is much more true of schism , that he who is involv'd in schism through the error of his parents or predecessors , who carefully seeketh after truth , and is prepared in his mind to embrace it whensoever he finds it , he is not to be reputed a schismatick . i know azorius de iuramento gives his judgment well in thesi , that when a law is changed to which a man is bound by oath , tho he is thereby materially discharged , yet formally he is bound in respect of his will : for if ever he actually assents to the alteration , he is really perjured . and so leaving it to such who were men of great knowledge and consideration , and had took the oaths , and were ready to promo'e a new law for altering the hereditary monarchy ; to think of the danger they incurred of the formal guilt of that crime , i have more charity then to conclude all the rash , and the incogitant , and the weak , and the seduced by the fantastick interpretation of the oath , to have been perjured . but as about the year . thomas archbishop of canterbury was at a council held at northampton accused by the king of perjury , and condemned as guilty of it , because he had not observ'd those english customs that he was sworn to ( as i find francisc. long. de concil . p. . col. . cited for it ) so if you have taken the oath of supremacy , and sworn to defend all the privileges and preheminences granted or belonging to the king , his heirs and successors , and united to the imperial crown of this realm , and are of opinion that one of the privileges of those heirs and successors is to succéed to that crown as it comes to their turn according to proximity of blood , and by their inherent birth-right , and as the hereditary succession ju●…e coronae is setled by the common law of england , i shall tell you that the pious and profound●…ly learned divine dr. hicks , who hath study'd this point as much as any man , hath in his writings told you that having taken this oath , you could not honestly consent to a bill of exclusion , which would have deprived the next heir ( and in him virtually the whole royal family ) of the chief privilege and preheminence that belong'd to him by the common law of this realm , &c. your curiosity ( i believe ) hath led you to read over his learned iovian , and to observe what he there saith in his preface , that some men did pervert the meaning of the word heirs in the oaths of allegiance and supremacy , from its common and usual acceptation to another more special , on purpose to elude the force and obligation which otherwise they must have had on the consciences of the excluders themselves . but it is not only the authority of this single great divine that i can lay before your thoughts for the rendring the attempt of the exclusion contrary to our oath : but i can direct you to the censure of the three estates of a loyal nation , and of his late maj●…sty in the case . for the oaths in scotland , binding the takers both to the king and his heirs and successors as ours do here , i can tell you that in the third parliament of king charles the second , aug. . . you will find the act in these words , viz. the estates of parliament considering that the kings of this realm deriving their royal power from god almighty alone , do succeed lineally thereto , according to the known degrees of proximity in blood , which cannot be interrupted , suspended , or diverted by any act or statute whatsoever , and that none can attempt to alter or divert the said succession without involving the subjects of this kingdom in perjury and rebellion , &c. i know that during the late turbid interval of the nation , some loyal men of the church of england were so much misguided , as to think that because de facto parliaments have heretofore directed and limited the succession of the crown in other manner , then in course it would otherwise have gone ( as the words in the printed exclusion-bill were ) they might therefore of right do so again ; notwithstanding they knew that after the parliament of king iames to prevent the right of succession from fluctuating any more , had justly recognized and declared , that the imperial crown of this realm , and rights belonging to the same , did by inherent birth-right and lawful and undoubted succession descend and come to him , as being lineally , justly and lawfully next and sole heir of the blood royal of this realm , it did afterward by a new oath of obedience or allegiance , oblige mens consciences both to the crown and the hereditary lineal succession , and notwithstanding they knew that that parliament had took care of continuing the obligation of the oath of supremacy for the bearing faith and true allegiance to the king , his heirs and lawful successors , and to assist and defend all privileges , and preheminences and authorities granted or belonging to the king , his heirs and successors , &c. but i doubt not but the consciences of the considerate loyal , now expostulating with them in the cool of the day , whether they did then well in being angry with the imposers sense of their oaths , and in not penetrating into the obligations thereby incurred ; and particularly in not weighing whether such who had taken those oaths , and yet by projects and expedients would have banish'd the heir even after he should come to be actual successor from the effects of their sworn allegiance , and of their sworn assistance and defence of all privileges and preheminences and authorities granted , or belonging , &c. had not visibly out-ran their oaths , they will recollect the late dreadful want of tenderness for the observance of the same . it will be hard for many men on a serious self-examination to reflect otherwise on themselves , after that sir w. i. himself ( as the printed speeches in the oxford-parliament have it ) call'd an expedient of that kind iesuite's powder , and mentioned that on the heirs coming to the title of king , the learned lawyers say , that by . h. . all incapacity is taken away by the possession of the crown , and after that another learned lawyer had there said , i owe the duke obedience if he be king : but if he be king and have no power to govern , he is the king and no king : and had before said , that an act of parliament against common sense is void . to make a man king , and not suffer him to exercise kingly power , is a contradiction . and i am sure 't is a contradiction to nothing more then our oaths . i desire not by referring to the breach of those oaths to touch the tenderness of any man's sore place , or to reproach him as to what he hath done for the time past ; but to promote the tenderness of his conscience : and that his conscience may not reproach him for the time to come , for not assisting and defending all privileges and preheminences belonging to the crown . when i consider the noble and vigorous loyalty that your self and others who were mistaken in the point of the exclusion , have since shewn in the service of his gracious majesty , and the great care that you and they in the post where you were ▪ took in the settlement of his revenue , and of avoiding the character of those of israel , who brought their newly anointed king no presents ; and your read●…ness at his call to venture your life for the support of his crown : and do observe in you and them a fix'd preparation of mind for the defence of every privilege , that is made to appear to you as belonging to the crown , and that your loyalty like a bone well sett is the firmer for having been broken , i account that the si non e●…rasset , fecerat ille minùs , may be apply'd to you , and that after his majesty's pardon and the series of your heroical actions of loyalty in his service , you ought by all equal judges , according to the instance i mention'd before , to be absolv'd , as who in all things have approved your selves to be clear in this matter . and i believe you being one of the church of england , the adherents to which do now as generally call themselves the loyal , as the independents did once vocife●…ate themselves to be the saints , and the principles of which church do enjoyn remorse and penitence , and rending of the heart , and as much tenderness to any who have disrobed the crown of any of its rights and privileges , as was in david when his heart smote him because he had cut off the skirt of saul ' s garment , and whose divines do not only preach the doctrine of non-resistance , but whose oaths bind to it , and that of supremacy binding to a positive assistance of all privileges , &c. your ●…nlighten'd conscience will be your constant remembrancer against any relapse . a. i thank you for thus gently leading me by the hand to such a height of noble thoughts relating to that oath , as from whence i am able to look back with grief on my past aberrations through inadvertence , from what my oath obliged me to in relation to the support of the hereditary monarchy ( and concerning which obligation , the casuistical discussion you sent me did sufficiently illuminate me ) and to take a prospect into my duty that lies before me to assist and defend to my power all iurisdictions , privileges , &c. granted or belonging to the king's highness , &c. or united and annex'd to the imperial crown of this realm . i am sensible that as some vain swearers in common discourse , will upon their being occasionally reproved for it , be apt to swear that they did not swear , and that as there are fools that say in their souls that there is no god , and that there is no soul ; so there is a sort of careless men who having taken this great promissory oath , will yet by their actions deny their having sworn to assist and defend some of those privileges , and likewise be apt to say in their hearts they have not invoked god as witness and revenger in the case of that oath , and that they are not absolutely bound by it , or but only by their reserved sense ; or as if a man representing his country , he were only to take a kind of formal oath in animam domini , and not to venture his own soul. but for my part , i account it as vile to be perjured in a solemn promissory oath as in a judicial assertory one ; and shall hereafter think my self as much bound to use all exactness and tenderness in the recollection o●… my thoughts after a promissory oath , as every man of honour doth before an assertory oath when he is a witness in a court of law. and i think that it is only the multitudo peccantium about solemn promissroy oaths , as for example , about the promised assistance and defence of the privileges of the crown in the oath of supremacy , that diminisheth the shame and ●…gnominy of mens being either through corrupt affections or incogitancy ( and the crassa negligentia which the law makes to be dolus malus ) vacillant or contradictory in the series of their actings promised , or through lachesse or subdolcus pretences withholding their performance of part of what they obliged themselves to do ; and that keeps the populace from a nauseous looking on them as falsarii , and as much as on witnesses produced in courts , who in the things asserted by their testimony are for want of precaution of thought , varii & vacillantes and contradictory to themselves , and minglers of falshood with truth , and who conceal part of the whole truth they were to depose . b. there is another thing that makes the moral offices required in an oath promissory call for some kind of consideration , that an oath assertory doth not : for we are not to depose o●… matter of law , but only of fact : but in the promissory parts of the oaths of supremacy and allegiance our thoughts are obliged to have regard to matters of right and law. we are to our power to assist and defend all privileges and preheminences granted or belonging to the king , &c. and which are united to the imperial crown of this realm . a. but by this means , while you would have men keep up the ease of their consciences by such assistance and defence , will not they be put to it to make their lives uneasy , by buying law-books , and being students of the crown-law , and of the extent of the regal rights ; a thing never intended by the makers of the laws for those oaths , and whereby such who are to assist and defend and rights of the crown by action in land or sea-service would be hinder'd therein by speculation ? b. no man need amuse himself about any such matter . nor are our princes , who by their coronation oaths oblige themselves to defend all our rightful laws and customs , bound thereby to study the report-books of the law concerning the rights and properties of their subjects , and whereby the time of princes would be taken up from defending them . and i shall tell you , that tho all men are morally bound to frame the best conceptions , and make the truest representations of the divine nature they can , and which by the measures of the scripture ●…s comprehended under our duty of glorifying god ; yet not to study the controversies between the remonstrants and contra-remonstrants about the absoluteness of the divine decrees , and dominion , or whether god according to his absolute dominion can torment an innocent creature . and thus tho we are bound to honour god's vice gerents , and to assist and defend their rights , privileges , and preheminences we are not to consume our whole lives in the investigation of truth in the moot-points about the same . but as to this thing , that great casuist of the age , bishop sanderson , may help to set us right in his third lecture of oaths , sect. ▪ where putting the case when subjects are required to take an oath for preservation and defence of laws and liberties , privileges , prerogatives and preheminences of some superior power , as of a king , a common-wealth , or lord paramount , such as are among us , the oaths of h●…mage , of royal supremacy , &c. he saith , no man denies these oaths to be lawful or obligatory : but in respect of the frequent incertainty of the laws whereunto they relate , it may very well be do●…bted how far they oblige . doubtless the subject to his power is obliged to defend all rights which appear either by law or custom legitimate , whether defined by the written law , or in force through long use of time , or prescription , that is , so far as they are known , or may morally be known . but he is not equally obliged to the observation of all those which are controverted or doubtful , especially since powerful men are accustomed to stretch their tedders , and leap over the land-marks of their neighbours , not contenting themselves within the bounds of their own right . nevertheless a subject ought always to be prepared in mind so soon as the justness of those things which are doubtful shall appear , to a knowledge and defend them . it may be hence rationally deduced that such who are call'd to the helm of state , or are members of parliament , if any matters relating to any iurisdictions , privileges , and authorities granted or belonging to the crown shall come in question before them , are by virtue of the oath of supremacy bound to endeavour to know whether those jurisdictions , privileges , and authorities are granted , or do belong to the crown , that is , so far as they are known or may morally be known before they refuse to defend and assist them : and much more before they shall do any act of offending or resisting the same , and before they shall entertain any hard thoughts of their prince for claiming this or that privilege . and where the right of any iurisdictions , privileges granted or belonging to the crown is not controverted or doubtful , that oath binds them immediately to assist and defend the same , and not so much as to move any thing against them , except in some such case as i shall presently mention . a. did ever any parliament presume to destroy , or offend or usurp upon any privilege , or preheminence , or authority , of which the right , as belonging to the crown , was not controverted ? b. yes , the long parliament of did so . the power of the militia was acknowledg'd by the parliaments petition at windsor to be a flower of the crown . and therefore the royal martyr's dying breath might ( one would think ) be thunder to their consciences , when in his speech on the scaffold , he said , i never intended to intrench upon their privileges . they began upon me . it is the militia they began upon . they confess'd that the militia was mine ; but they thought fit to have it from me . no doubt such men intended to entrench on the king's privileges and preheminences , and they intended to violate their oath of supremacy . a. did they offend any other uncontroverted rights of the crown ? b. many more then i have now time to name ; but cannot forget the fatal consequences of their outraging one of those uncontroverted rights which was at the king's pleasure to prorogue or dissolve parliaments , by putting such incessant hardships on that pious king to engage him to pass the act that that parliament should continue till both the houses did consent to the dissolution of it ; and of which mr. hobbs in his behemoth , saith , that it amounted to a total extinction of the king 's right , in case that such a grant were valid , which i think it is not , unless the sovereignty it self be in plain terms renounced , which it was not . and he having said , that the king signed that bill the same day he signed the warrant for the execution of the earl of strafford , and having rais'd the question , whether the king could not have saved him by a pardon , and said , that he would have done it if that could have preserv'd him against the tumults rais'd and countenanced by the parliament it self , doth mind me of the horror of those days , when they who were sworn to assist and defend the king's privilege and preheminence in pardoning any one , tho he knew him justly condemned to dye , did endeavour by tumults to oppose his pardoning one whom he thought not to have deserv'd death . that royal privilege was in like manner by that parliament trampled on in the case of the pardon of archbishop laud. a. i shall here by the way ask you if you did not once tell me that the most profound observers of the affairs in ireland ; had agreed in it as their firm judgment , that the irish rebellion had never happen'd if the parliament of here had not meddled in the case of the earl of strafford , and occasion'd his removal from being chief governour of ireland . b. i shall by the way answer you , that i did tell you so , and that they judged that the character of that earl's great wisdom and courage , and activity , and of universality in his correspondencies , had gain'd such an ascendant over the genius of the irish , that if he had continued lord lieutenant of that kingdom in his former power , they would not have ventured to rebel . a. you have instanced in uncontroverted privileges of the crown that that parliament did offend and resist , by their putting such incessant hardships on their king , as your words are ; and it was folly as well as breach of their oath for them thus to strike at the pardoning power of the crown that is the privilege both of king and people . yet let me ask you whether you account that he who in any case shall endeavour that by the legislative power any uncontroverted iurisdiction , privilege , preheminence , or authority granted or belonging to the crown may be alter'd or restrain'd in its exercise , breaks his oath ? did that parliament do so who made the famous act for barring the known privilege of nullum tempus occurrit regi , i mean , that glorious act of o of king iames the first , c. . of which the title is , conceald lands shall not be recover'd , unless it may be proved that the king had title to them within years ; i. e. years before the th of february in the st year of king iames the first , which was the day of the beginning of that parliament , and on which statute my lord coke hath an excellent comment in instit. . c. . against concealors ( turbidum genus hominum ) and all pretences of concealments whatsoever ; and on occasion of which act it is yet acknowledg'd in the book call'd , the court and character of king james , written by sir a. w. and printed a. . that that king loved good laws , and had many made in his time , and in his l●…st parliament , for the good of his subjects , and suppress'd promoters and progging fellows , gave way to the nullum tempus , &c. to be confined to sixty years , which was more beneficial to the subjects in respect of their quiets , then all that parliaments had given him during his whole reign ? or did the late kings loyal long parliament do so in their obtaining the act for the habeas corpus , and others that might be named ? b. having premised it to you that those words in the oath of assisting and defending all iurisdictions , all privileges , &c. are operative words , and of strict interpretation , and whereby we stake our eternities to assist the king 's temporal rights , and invoke god so to help or assist us as we shall assist all those privileges , and that the prince and the church being look'd on as minors , the breach of an oath to defend the privileges of the king must appear to common sense as odious as if any guardian of a minor did break an oath to defend his person and interest , or did take part with any to destroy the minor's rights ; i shall yet be so fair as to tell you that i do not so account it : provided that he who shall do so shall have a moral certainty that the prince being sensible that the alteration or restraint of such privilege will be very beneficial to the subjects both in the present and future times , and necessary to the enabling them the better to support the crown , hath signified his desire of the same , and doth so desire it : or if he knoweth not his princes so desiring it , believes that the cogency of the reasons he hath humbly to offer for such alteration being made , is such as may incline others to supplicate the prince to consent to it , and the prince so to do . yet in this latter case , if afterward the sovereign notifies his desire of the continuance of such known privilege , i am then by my oath to assist and defend the same , and am not to the cogency of my reasons to add that of importunity . for there is a par or proportion between importunity and force ; whence we see that according to the king 's ecclesiastical laws , in case of a former will , a latter gain'd by importunoe preces in the time of the testator's sickness , is often adjudged void . and as i am not by importunity when my princes affairs are in a sickly state , or that the die of war hath ran against him abroad ▪ to press and tire him then into a parting with his known privileges , so neither with a salvo to my oath , which binds me to assist and defend them , can i if i find his judgment or mind sickly , lay temptations before him to buy him as it were out of a privilege that is just and adviseable for him to keep ▪ i am neither to starve nor pamper my prince out of such a privilege . nay more , if my prince did by any error part with any such privilege , as not knowing the same to be inherent in the crown ( as in the case of an answer of the royal martyr drawn by one of his ministers not deeply vers'd in the law , to some of the parliaments propositions , by which answer he is acknowledg'd to be one of the three estates ) i , who know that the privilege and preheminence inherent in his crown is to be above them all , and have in the oath of supremacy sworn that the king is the only supream governour , and so none co-ordinate , or equal to him , i am to take no advantage of that error , but am still to assist and defend such his preheminence . and if ever a prince did by fear part with such privilege or preheminence , there being a par between fear and force , according to that law of the proetor in the digests , quod vi aut metu factum est ratum non habebo ( and in which law , as baldus saith , the proetor was inspired by the spirit of god ) i am not only not to take any advantage of such act of the prince done by fear or force , or to upbraid him therewith , but am still to assist and defend such privilege so derelinquish'd by him , and am to account the same belonging to him as the word is in my promissory oath , and to account him still in law possess'd of the same , according to the rule of possessio etiam animo retinetur : and which is justly apply'd in the case of any one who in a storm at sea throws his goods over-board to lighten the ship. his late majesty therefore did but right to himself , when in his declaration of the th of october , . concerning ecclesiastical affairs , he took notice how some had caused to be printed and publish'd in england a declaration before printed in his name when he was in scotland , ( i. e. referring to the declaration printed at edenburgh , . ) and saith thus of it , viz●… of which we shall say no more , then that the circumstances by which we were enforced to sign that declaration , are enough known to the world : and that the worthiest and greatest part of that nation did even then detest and abhor the ill usage of us in that particular when the same tyranny was exercised there by the power of a few ill men , which at that time had spread it self over this kingdom , and therefore we had no reason to expect that we should at this season when we are doing all we can to wipe cut the memor ▪ of all that hath been done amiss by other men , and we thank god have wiped it out of our own remembrance , have been our self assaulted with those rep oaches , which we will likewise forget . and it was goodness worthy the great soul of a king to forget the outrages of such who did strip their political father of his power , and then reproach him with his nakedness . i may here likewise tell you ( and not mal a propos ) how much the patience and long-suffering of the same prince was exercised in a late conjuncture that so much eclipsed his prerogative in the case of the earl of danby's pardon , and when the commons did set up against it somewhat in his father's answer to the propositions before mention'd , that nothing but the tempest of the age in the parliament of could have occasion'd , viz. since therefore the power legally placed in both houses of parliament is more then sufficient to restrain the power of tyranny , &c. but because a parliament so perpetuated as that was , did prove more then sufficient to restrain pretended tyranny , and real just government , will a considerate man say any such thing now , when the breath of prerogative can dissolve them in a moment , and in that moment all their thoughts perish , and all the high-flying thoughts that would soare above imperial power be found dead in the nest ? and i may here tell you , that in the answer of some nonconformists to dr. stillingfleet's sermon ( an answer printed in london in the year . during the ferment about the plot , and wherein they desire indulgence ) i think their attacquing the service on the gun-powder treason plot , in thanking god for preserving the king and the three estates of the realm assembled , by saying , that the late king made no scruple in his answer to the propositions to reckon himself one of the three estates , was a thing that on recollection they will judge ought not to have been done . but i am here further to tell you , that though it may be consistent with our oath in some such case as was mention'd , to endeavour the altering by the legislative power some uncontroverted privileges of the crown , and in such a way as i have mention'd , i likewise wish you in your thoughts to make a distinction of those privileges or preheminences belonging to the crown , that are absolutely essential to its preservation , and to that of the whole realm , and which are by god and the law put as a depositum into the hands of kings , and the removing of one of which would have the effect of taking a stone out of an arched building , and such as no sovereign princes can be without ; and such as our princes have in their flourishing reigns to the great content and happiness of their people always exercised , and rights ( as the late earl of shaftsbury said of that of the flagg ) that our princes cannot part with : and privileges that are not such : and two of which former sort of privileges , and which are parts of the fundamental laws of the kingdom , i account we are expresly in the promissory clause of that oath sworn to defend , and assist , namely of the lineal succession to the crown , and of the king's prerogative ; and of which prerogative we have this description in blount's law-dictionary , that the prerogative of the king is generally that power , preheminence , or privilege which the king hath over and above other persons , and above the ordinary course of the law , in the right of his crown : and then adds , potest rex ei , lege suae dignitatis , condonare si velit , etiam mortem promeritam . ll. edw. confess . cap. . and then saith , that spelman calls it the l●…x regiae dignitatis . the author of the law-dictionary had there his eye on the law of edward the confessor , where under the title of misericordia regis & pardonatio , it is declared , that si quispiam forisfactus ( which the margin interprets rei capitalis reus ) poposcerit regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum perdendorum , potest rex ei , lege suae dignitatis , condonare si velit , etiam mortem promeritam ; ipse tamen malefactor rectum faciat in ●…quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda , si vero fidejussores defecerint exula bitur à patria . and i remember there is a famous act relating to the old privileges and prerogatives of the crown and to their resumption by the crown , viz. the act of . h. . c. . call'd , the recontinuing of certain liberties taken from the crown ; and it begins with saying , that whereas divers of the most ancient prerogatives and authorities of iustice appertaining to the imperial crown of this realm have been severed and taken from the same by sundry gifts of the king 's most noble progenitors , to the great diminution and detriment of the royal estate of the same , and to the hinderance and great delay of iustice ; and thereupon saith , for reformation whereof be it enacted by authority of this present parliament that no person or persons , &c. shall have any power or authority to pardon or remit any treasons , murders , man-slaughters , or any kinds of felonies , nor any accessaries to any treasons , murders , &c. or any out-laries , for any such offences aforesaid , committed , perpetrated , done , or hereafter to be committed , done , or divulged by or against any person in any part of this realm , &c. but that the king's highness , his heirs , and successors , shall have the whole and sole power and authority thereof , united and knit to the imperial crown of this realm ; as of good right and equity it appertaineth , &c. and then orders all writs in a county palatine to be made in the king's name , &c. that statute doth give you a prospect of great variety and use in order to the settlement of your thoughts about some things in your oath . you there see the natural recourse of the royal rivers of prerogative to the ocean from whence they came ; and when you there find that the crown could communicate to subjects the exercise of the prerogative of pardoning murder , however restrain'd by act of parliament , and all the dreadful disabilities incurr'd by out-laries for felony and treason , you are not to wonder at any ones telling you , that the king himself hath the privilege of pardoning a disability incurr'd by law for heterodoxy in religion : and especially when you shall see the whole and sole power of pardoning the same united and knit to the imperial crown of this realm , as of good right and equitt appertaineth . and according to those words in your oath about your defending all the rights and privileges united and annex●…d to the imperial crown of this realm , you are to defend that great royal power of pardoning , and which our ancestors in harry the th's time thought so essential to publick justice . and therefore you will still do well to remember that your sworn defence and assistance of all the privileges and preheminences of the crown doth more particularly bind you in the case of these fundamental ones to put no hardship on our princes , nor yet to use any softness of allurements to tempt them to renounce them . the countryman , who being by his physician prescribed some grains of laudanum , and desiring a greater quantity of the apothecary , and saying , shall i have no more for my money ? and whereby he would have been poyson'd , was not less sagacious then such senators who by subsidies would engage any prince to part with so much of his prerogative as would destroy the body politick . alas ; as for several uncontroverted rights of the crown of an inferiour nature , as our princes have been ready enough in all ages to part with them for the good of their people , and their own promoted thereby , and have had grateful returns from their parliaments by subsidies on such an account , so none need fear but that in all future times succeeding monarchs will that way be as indulgent as the former ones were ; and that as solomon saith , the king himself is served by the field , and the plough having here variously supported the throne , and particularly by the robust infantry it hath yielded to serve the crown in arms ; the keeping up of the spirits of our yeomen ( and likewise of those who plough'd the sea ) by the liberty our laws allow'd them , and the crowns being no gravamen to the body of the people , and only to the royal heads that wore it , was and will be always necessary in order to the keeping up the being of the nation . there is therefore scope and encouragement enough in england for a man who is a candidate for a patriot's place , to carry it by being a consessor of unmercenary loyalty , and arriving at honour , or the consentiens laus bonorum by being a loyal patriot : and there is as good popular air for any one to feed on who will assert the just liberties and privileges of the english subjects as any greece or rome afforded : and there was no need for any one to move for a statue for the hero who promoted that old act against old concealments in king iames the first 's time , or the late one for the habeas corpus ; for such an one must find his monument in the hearts of all the subjects of england . nor was there ever prince more cordially and passionately concern'd for the liberties of the people of england then the royal martyr : and who fell reverâ as their martyr according to his words on the scaffold , and where he said , if i would have given way to an arbitrary power , to have all laws changed according to the power of the sword , i needed not to have come here . his style could not there recede from that of his printed declarations , and in one of which , for example that in . he thus mentions his hopes , viz. that god will yet make us a great and a glorious king over a free and a happy people . a. if you had not thus coupled the loyal man and the patriot together in your discourse , i should have ask'd you whether you would have men throw up the many good laws that the parliament of obtain'd for the ease of the people by partly importuning the king ? b. i assure you , i shall never give you or any one else cause to think that i have not a high value for some of those laws : and do now shew you my value of them , by telling you that i do not look on them as the off-spring of any factious importunity , but as the just and natural issue of the goodness of our prince : and you will find they were so , if you consult the declaration i last cited , and where his never to be forgotten words are , viz. that as we have not refused to pass any bill presented to us by our parliament for redress of those grievances mentioned in the remonstrance so we have not had a greater motive for the passing those laws then our own resolution ( grounded upon our observation , and understanding the state of our kingdom ) to have freed our subjects for the future from those pressures which were grievous to them if those laws had not been propounded . which therefore we shall as inviolably maintain , as we look to have our own rights preserved &c. , , and in his declaration of august . . he saith , would men enjoy the laws they were born to , the liberty and property which makes the subjection of this nation famous and honourable , with all neighbouring kingdoms ? we have done our part to make a wall of brass for the perpetual defence of them , while these ill men usurp a power to undermine that wall , and to shake foundations which cannot be pulled down , but to the confusion of law , liberty , property , and the very life and being of our subjects . a. you have named then two fundamental privileges or rights of the crown , which by the oath of supremacy we are bound always to assist and defend . and i am to tell you frankly and without going to hide my transgression , as did adam ; that though i have often and in several capacities took that oath , yet on the very day i last took it , and while the very echo of those words , so help me god , was audible in the air of my mind , and before the ink was quite dry that recorded my oath , i without considering that as 't is the privilege of our prince that his heirs by the right of the crown should succeed him , so it is the great privilege of those heirs to succeed ; i was yet so far from assisting and defending that privilege , that i immediately endeavoured to subvert the same , and tho my prince's mind was notify'd to me for my not so doing . nay , further to make you my confessor , i was so far gone in a lethargick carelessness of my oath , that when i saw the excluding the title of the lawful successor was not likely to pass into a law , i was tempted to endeavour by expedients , as if i had took an oath and no oath , to make him a king and no king. and god having given me space to repent of my past incogitancy in relation to that oath , it being now brought before me in the course of providence to assist and defend another of the preheminences which my prince tells me is granted and belonging to the crown , and which you have mention'd as his prerogative above the ordinary course of the law , in the right of his crown , and that he first made use of an emergent necessity , i will through the divine assistance use all the means i can both of serious sedate and unprejudicate consideration , and of the consilium peritorum , and discourse and communication with others whom in meekness and lowliness of mind . i am obliged to esteem better then my self , to fix my own iudgment of discretion in this matter : and will not deny to assist and defend this preheminence of my prince in particular without being morally certain that it is not granted or belongs not to him , and will take the best care i can to effect that by any that by any lachesse or omission of the great duty of consideration , i may give no man occasion again to exercise his charity in not pronouncing me to be formally perjured ; and that after my prince hath pardon'd me my attempted excluding him from the throne , i may not endeavour the disabling him from any one of his rights while he is on it ( for so the style of the exclusion ▪ bill ran , and it might have been as well call'd the disabling bill , according to the words there , shall be excluded and disabled , and is hereby excluded and disabled , &c. from all titles , rights , prerogatives , &c. ) and rights that i have sworn to defend . the lord chief justice vaughan , ( who was a man of the first-rate talents , if you consider both his natural and acquired parts ) doth yet in thomas and sorrell's case in his reports call the king's power of dispensing , dark learning , and saith it seem'd so to him , tho after so many arguments in the case . and as that great man found it dark , so i think he left it such in some measure , however yet so many daring sciolists ( and who never look'd on a law-book in their lives ) will pretend to o●…niscience in the matter , and perhaps out of a vain jealousie of the king's omnipotence being thereby asserted . but i know your thoughts have travail'd far in this dark learning , and wherein you confess'd to me once , that you had receiv'd some illumination from that iudge's argument , and as likewise you had from a manuscript report of that case of thomas and sorrell , containing an account of the things urged by the other iudges , and by the councel concern'd in that case , and which are not mention'd in sir i. vaughan's report of it , and where he relates little but his own argument . he was a fair reasoner and frank discourser on all occasions , and not byassed by any mercenary humour : and according to that candour you have often commended in him , and which i have likewise experimented in your self , let me now again make use of it in your imparting to me your thoughts in order to the directing and setling of mine as to the observance of my oath in this particular . and tho i know we live in a crooked and perverse generation , wherein so many are at the same time decrying both summum jus and persecution , and too all relaxation of the laws ; and their spirits lie like that haven , acts . . toward the southwest and northwest , two opposite points , ( and one would scarce think it possible that mens spirits could be so extremely winding and crooked , and thus opposite to themselves ) and while too they are crying out that any lawful dispensing with the laws establish'd , is contradictio in adjecto : yet that lord chief iustice's report hath shew'd me the legality of the dispensative power in many particulars , so far as to excite in me a desire to know more of it , and to move me to pity the ignorance of my countrymen , who thus cry out of contradictio in adjecto , and not knowing what a dispensation in law means , will fall under that censure of the monk , viz. corrigis magnific●…t & nescis quid significat , and of that adage in erasmus , stultior choraebo , who not being able to reckon in numbers beyond five , would yet undertake to compute the numbers of the waves in the sea , oras i may say in the words of s. paul , desiring to be teachers of the law , understanding neither what they say , nor whereof they affirm : yet i assure you the vogue of the mobile will no more influence my thoughts about the motion of the laws by dispensation , then it would about the motion of the earth , and who would take it very ill if they should be told it moves as fast as a bullet out of a canon , because they do not perceive it . a late great philosopher of our country hath told us , that every day it appeareth more and more that years and days are determin'd by motions of the earth ; and another hath from the diurnal and annual motion of the earth endeavour'd to salve the flows and motions of some seas , illustrating the same by waterin a bowl arising or falling to either side , according to the motions of the vessel : but perhaps should a prince in his writings inculcate the philosophy of the earths motion , the populace would have fears and iealousies of the instability of the foundations of their houses and towns , and of the shaking of their property , and as they have by dispensations , and they would be apt to quote scripture against such motion : nay , tho they should be told that such motion would ennoble the earth by exalting it into heaven ; and too as dispensations may be said to do by conducting those to heaven who believe humane laws obliging the conscience , and yet shall not observe some of them . but as when ever you have heretofore discours'd to me of copernicus and galilaeus , and their hypotheses , you always found me an attentive hearer , you will be sure now much more to find me so while you are speaking of any of my prince's privileges that i am sworn to defend ; for i am now concern'd not to salve phaenomena , but to save my soul by keeping my oath . and in the temper i am in , now my whole soul is overflowed with the sense of my having so lately through incogitancy violated that part of my oath that so plainly obliged me to assist and defend the hereditary monarchy , i shall be as chearfully attentive to you while you acquaint me with any obligations resulting from my oath , as i would be to any one who told me how much i owed another , and at the same time enabled me to pay it . b. i shall be most ready when we meet next ( which i suppose will be very shortly ) to afford you lumen de lumine , in any of the few things i know about this dark learning . in the mean time i shall observe to you on the occasion of your mentioning the lord chief iustice vaughan's report of thomas and sorrell's case , that as it hath through the divine benignity been the frequent method of providence to send into the world unheard of maladies and remedies in the same conjuncture of time , and so likewise to make pestiferous haeresiarchs and learned confessors of the truth contemporary , and further when heaven had made many of the inquisitive curious to thirst after the knowledge of truth in the works of nature , then to bless the world with the discourses and writings of galilaeus , tycho-brahe , my lord bacon , gassend●…s and des cartes , and dr. harvey , who open'd such great springs of real learning as refresh'd that noble thirst ; so it seems before the date of his late majesty's declaration of indulgence in the th year of his reign , and of the act about the test in the th year of it , and both which were likely to produce among the learned so many inquiries into the legality of the dispensative power inherent in the crown ( and even among the unlearned an epidemical disease of talking about the same ) it came to pass in the course of providence , that by as learned iudges as ever sate on the english bench , and as learned councel as ever appear'd at its bar , the learning about the dispensative power was ventilated and discuss'd in a series of several years in the case of thomas and sorrell . for the cause began in the king's bench . car. . and was there argued by some of the great councel of the kingdom , and there again argued on both sides by other councel in michaelmas-term , in the th year of his reign . and in hilary-term in . and . car. . this cause for the weight and difficulty of it was adjourn'd out of the king's-bench into the exchequer chamber , and there argued by others of the greatest councel of the kingdom ; and many law-books quoted . and the case was afterward argued by all the iudges of england at six several days in easter , trinity , michaelmas and hilary terms , viz. by two iudges each day , and the iudges differ'd in several points , and even about the definition or meaning of dispensation . for so that learned chief iustice tells you , and saith , that some of his brothers defined it to be liberatio à poenâ , and others to be provida relaxatio juris , which ( saith he ) is defining an ignotum per ignotius , and liberare à poenâ is the effect of a pardon , not of a dispensation , &c. thus ( as i may say ) there was a circumvallation by the learning which concern'd dispensing , that encompass'd some time preceding that declaration of indulgence in the th year of his reign , and some time following both it and the act of the test. i shall some other time perhaps entertain you with the learned manuscript report of the whole case : but shall now tell you that during that series of years , there was no angry motion in the sea of the populace occasion'd by any thing said in any of the arguments that propp'd up the dispensative power ; no , not by that mention'd in keeble's reports about thomas and sorrell's case to have been said in the exchequer chamber by ellis the king's serjeant ( and whose opinion was as currant for sterling-law as any man 's of the long robe . ) viz. that the king may suspend an act of parliament till next session . and now since it hath thus appear'd out of that chief iustice his report , that at least a sixth part of the sworn iudges of the realm ( as he thought ) were unacquainted with the meaning of dispensing , i think it may pass for a miracle if any great number of the mobile did understand it . but without their troubling their heads with law-books , if they would but mind their english bibles , and there consult the th of s. mathew , they would soon forbear calling the lawful dispensing with the laws establish'd a contradiction . our learned ames on the priests in the temple prophaning the sabbath and being blameless , observes very well in his cases of conscience , . . c. . that praecepta deiex suâ naturâ nunquam ita concurrent , at necesse sit alterum eorum propriè violare per peccatum . quum enim praeceptum aliquod minus negligendum est , ut majus observetur , minus illud cessat pro illo tempore obligare ( that is to say , is dispens'd with ) ita ut qui ex tali occasione illud negligunt , sint planè inculpabiles , id est non peccent . matth. . , . and as to that in the chapter of david's entring into the house of god and eating the shew-bread , which was not lawful for him to eat , &c. the lord bishop of london in his second letter to his clergy , printed a. . in the paragraph about the half communion , occasionally thus observes with great judgment , that a positive command of god cannot be disobey'd without guilt , unless on some one or more of these grounds , either , . that god dispenses with it as he did with circumcision in the wilderness . or , . that some evil greater then the consequence of the non-performance of it will certainly follow : as when david ate the shew-bread and they that were with him : which depends on that rule of our saviour , which tho apply'd to the sabbath , yet extends to all other positive commands , that man was not made for them , but they for man : or lastly , in case of incapacity , as the children of israels not going up to ierusalem in the time of captivity . and there are other words in a foregoing chapter of s. matthew that are still applicable to the pharisaical ignorance of such as reproach dispensing as unlawful , go and learn what that means , i will have mercy and not sacrifice . but according to the example of our blessed lord in having compassion on the multitude , i think you have taken a just occasion for the pitying so many of your countrymen who in the present conjuncture presume to exercise themselves in great matters , or in things too high for them relating to law and state , and who without enquiring about the modus of dispensing with the laws establish'd , wherein lawyers differ , cry down the thing it self wholly and absolutely as a contradiction to the lex terrae , and in which not being so all lawyers agree . my lord primate bramhal in his book of a fair warning to take heed of the scottish discipline , shewing in chap. . ( that i have before referred to ) that it robs the king of his dispensative power , doth wish any one averse to that power no greater censure then that the penal laws might be duly executed on him till he recant his error . and how penal a thing by the laws of nations , it is to alienate the hearts of people from the prince's government , all the great writers of those laws , and of the iura majestatis have enough shewn . moreover how criminal , a thing of that nature is in the court of conscience , our two great writers of it , ames and sanderson have enough taught us . the moral offices of subjects toward their princes are well set forth in ames his cases of conscience , . . c. . and where he saith . debent ex singulari reverentiâ cavere , ne temerarium judicium ferant de ipsorum administrationes exod. . . eccles. . . pet. . . jud. . fundamentum hujus cautionis est , . candor ille qui cum erga omnes debet adhiberi , tum singulariter erga superiores . . difficultas explorandi fontes & causas negotiorum publicorum . . moderatio illa quâ leves infirmitates & offensiones tolerare debemus , & communi tranquillitati condonare . and bishop sanderson in his th sermon , ad aulam , shewing the inconvenience of rashly judging things to be unlawful , observes how thereby mens affections are ali●…nated from one another : and saith he , our own deceitful hearts must needs tell us , how hardly we think of those men who do those things , we think unlawful : as for example , if we think dressing of meat and using any recreations to be profanatious of the lord's-day , we must needs judg those men who do so use them , to be prophaners of the lord's-day ; and he further observes , that governours thereby come to be robbed of a great deal of that honour that is due to them from their people , both in their affections and subjection : and saith , if we have in our thoughts prejudged any of the things commanded by the magistrate to be unlawful , our hearts will be sowred toward our governours , and men will directly , or indirectly and obliquely speak evil of them , &c. mr. hobb's writing of the passions , observes well , that the passion whose violence or continuance maketh madness , is either great vain glory , which is commonly called pride and self-conceit , or great dejection of mind , and that excessive opinion of a man 's own self for divine inspiration , for wisdom , learning , form and the like becomes distraction and giddiness : the same joyn'd with envy , rage , vehement opinion of the truth of any thing contradicted by others , rage , &c. and if the excesses be madness , there is no doubt but the passions themselves when they tend to evil are degrees of the same . and therefore when we see so many mechanical persons , as to the point of dispensation in general , not allowing their own rule of cuilibet in suâ arte credendum , so many men and women , and such whom the law terms infants , so rude in the knowledge of the law , and yet so transported with pride and self-conceit , and such an excessive opinion of themselves for wisdom and knowledge , and for being inspired with new light in this dark learning , none need wish them greater punishment then such their distemper ; adding thereunto the pharisaical humour they have been so much abandon'd to , namely , of their own dispensing with moral and eternal duties , and such as i have referr'd to in ames and sanderson , and things in their own nature indispensable , and which are the weightier matters of the law , while they cry out of the dispensing with positive rites and institutions as illegal . a. there is another punishment too that i think we may well agree to leave them to , and that is what grotius cite , out of plato , viz. poena errantis est doceri , but we must submit that to time ; and when god pleaseth , the heart of the rash shall understand knowledge . and in the mean while , to the noyse of such people who wilfully shut their eyes , we will stop our ears . you may well suppose me , who have read that report of sir i. vaughan , lawyer enough to assert and defend according to my oath the regal privilege of the dispensative power in general : but as to the modus of it , and whether according to the lex terrae the crown can dispense with incapacity incurred by act of parliament , i am yet to learn : and am so solicitous to find out the truth therein , that i shall be glad if at our next meeting you will take the shortest way to my satisfaction therein , tho it may perhaps occasion your for a while striking out of the road of the former discourse we were in . b. you know we had made some entrance into the consideration of the promissory part of the oath , and of the dispensative power , as promised to be assisted and defended , and as a privilege inherent in the crown . but since you will have me take the shortest way i can out of the words in your oath , to satisfy you about the dispensing with such incapacity as you have mentioned , i must in compliance with your desire refer you to the assertory part of the oath , when we meet again . to the right honorable the lord marquess of powys , one of the lords of his majesty's most honorable privy-council . my lord , i having in p. , , . of the following second part occasionally dilated on the common place or notion of heaven having so often made so much use of the weight of one man in the balance of government , i esteem'd my dedicating this part of my work to your lordship but common iustice to your character , who have been the happy instrument of god and the king in making so many englishmen happy . my lord , it is but natural when the just are in authority , for the people to rejoice ( as solomon tells us ) and for them likewise to anticipate the honours of the prince's affording to a person heroically just , by wishing them . and this is most properly applicable to your lordship ; and that in your case may be said what pliny in his panegyric mentions of nerva's adopting trajan , that it was impossible it should have pleas'd all when it was done , except it had pleas'd all before it was done . my lord , it was nature that prompted them to presage with pleasure the profit that would come to them from the accessions of honour to you , and whereby they knew that the height of your power would be naturally productive of blessings to them as the height of hills and mountains is of springs for the benefit of the lower earth , and of those who inhabit it , and which are found wanting in countrys where there are no hills . and the ancient placing of the statues of magistrates by fountains , may be supposed to have been an indication of the peoples valuing them as the causers of what did console and refresh them . my lord , when i consider how much your lordship and other just persons of the roman-catholick communion have in the performance of the moral offices of natural obedience to your prince obliged so many of his subjects by your being helpful to them against oppressions in their estates and consciences , i hope i shall not appear too sanguine in my conjecture of any ferment soon naturally ceasing about the exercise of the dispensative power being a gravamen to property . my lord , i shall in the former of the two remaining parts of this my work ( and which are both ready for the press ) entertain your lordship with such a farther assertion of those offices of that obedience call'd natural , as i believe will give no offence to any zealot , or patriot , and as i have hitherto took care to give none to either : for tho i think it not deniable that our princes may by their laws limit the exercise of that allegiance or obedience , with respect to circumstances , yet as no humane laws can legitimate the entire withdrawing of any part of the obedience enjoin'd by the divine law natural or positive , so how our lex ●…rrae hath not limited the exercise of the regal power from the dispensing with disability , as in the case now so much agitated , i have shewn , and shall further . but i conceive it here necessary for me to acquaint your lordship that i have been often put to it as speaking cum vulgo & grosso modo , and for brevity's sake to use the aforesaid expression of dispensing with disability , and with disability incurr'd by act of parliament , that is , with what is generally enacted to be incurr'd , and seems to be alike incurr'd by all persons who perform not what the act enjoins ; and which dispensing with disability is frequently used in popular discourse for the pardoning it , and for the liberatio à poenâ , and as the lord chief iustice vaughan's report by me so much cited mentions dispensing to have been defined by some of the iudges . but to a judgment so vastly comprehensive and profoundly penetrating as your lordships , the dispensing with disability must easily appear to be properly meant of the preventing it , and the dispensing with what might cause it ( according to the style of queen elizabeth's letters patents ) or effect the actual incurring of what will reverâ be incurr'd by the persons not exempted by dispensation from the doing what the law enjoins : and which will be made to appear obvious to every man's understanding in one of the following parts , and wherein i shall have occasion to speak less cum vulgo and more closely and accurately of the nature of dispensing , and of its effects in either forum , then yet i have had . and now having named that great queen , i shall not doubt but since the members of the church of england do now under our most puissant and most just monarch find themselves as secure in the profession of the religion by law establish'd as they did in her great and glorious reign , it will upon recollection of thought appear as natural to them to hold themselves obliged to shew the same tenderness for every branch of prerogative , and particularly for that of the dispensative power , that was then so remarkable in parliament , and throughout the realm . my lord , your lordship 's most obedient servant , p. p. part ii. b. i again bid you welcome , and am ready to go on where we last left off , and do not in the least doubt of your welcoming any thing i can say to you that may import you to know in order to your sworn assistance and defence of every privilege belonging to the crown . and i shall frankly tell you , that you and other protestants who in a late conjuncture did shew a more then ordinary zeal against popery or papal usurpations , ought to consider that you have thereby put your selves under an especial obligation of tenderness ●…for all the rights of your prince , and of hating all popular usurpations or diminutions thereof , with an exemplary and most perfect hatred , and of thereby avoiding the being judged hypocrites and factious . a. i do herein most fully agree with you : and that the late zeal of the same persons against papal usurpations , and for popular ones was a scandal to the age. i remember you once observ'd to me , how tender the protestants in the times of queen elizabeth and king iames the first , were of every right and privilege of the crown with the most perfect tenderness , while the attaques from the court of rome against those princes had made the highest ferment in the minds of the populace . but i think there never was any conjuncture of time here , when so many of the declaimers against popery , and so many of the fautors of plot-witnesses were so much at the same time for a plot and no plot , and for a king and no king ; that is to say , did so much make a stalking-horse of popery , whereby to strike at prerogative . b. but you know that the talk of plots and popery was before apply'd to that use . you know archbishop laud in his star-chamber speech ▪ a . mentions it p. . as the scope of the libellers of the faction to kindle a jealousy in mens minds , that there were some great plots in hand to change the religion established , and to bring in ( i know not what ) romish superstition . and the history of those times sheweth you how the men that cry'd up plots then did decry prerogative . and in the conjuncture of . the famous protestation of may the th that year , begins with out-cries of designs of popish priests and iesuits and other papists and their plots and conspiracies , and the preface of the covenant runs on in the style of ●…loody plots and conspiracies : but you likewise know the dismal state of prerogative in those times then occasion'd by raising of those false alarms of plots . and i may account it as a beneficial providence to the age , that shortly after our last plot-epoche , m r. hobbs his history of the civil-wars coming first out in print through the license of the press ( and having been reserved to the detecting then the artifices of the demagogues that produced the usurpations between the years . and . ) the book notwithstanding all the prejudice against the author ( whether just or unjust ) being writ with so much strength and beauty of wit , as to make it fly like lightning round the kingdom in so many impressions , did then prove to many ingenious and thinking men an effectual antidote against the poysons of those old artifices then again scatter'din the press , being so destructive to loyalty as heretofore . sir iohn davis in his report of the case of praemunire hil. . iacobi doth but right to the loyalty of roman catholicks and to the genius of the people of england when he saith there , that the commons of england may be an example to all other subjects in the world , in this , that they have ever been tender and sensible of the wrongs and dishonours offer'd to their kings , and have ever contended to upheld and maintain their honour and soveraignty . and their faith and loyalty hath been generally such ( tho every age hath brought forth some particular m●…nsters of disloyal●…y ) as no pretence of zeal of religion could ever withdraw the greater part of the subjects of submit themselves to a foreign yoke ; no , not when popery was in its height and exaltation . it is therefore no marvel that toward the latter end of the reign of the late king , the very mobile who had been so zealous against papal usurpations , and so fiery in charging all papists with disloyalty , did upon their discovery of the artifices of republican deluders to put an inglorious domestic yoke on the monarchy , then think themselves obliged by the universality of their loyal addresses to shew the more extraordinary zeal against any popular usurpations . and so i account it but natural to you who are made è meliore luto , to be ready to shew your most consummate zeal for every privilege of the crown . a. it is not possible for any man to wish me more sensible of my obligation in this point then i really am : and the rather for that i find so many mens loyalty to be but a kind of loud noisy nothing , or a metaphysical universale , however they may ●…ansie it to be a real being : but what i know cannot exist a part from the particular rights and privileges belonging to the crown being assisted and defended , and from a serious endeavour to understand the truth about their belonging to it . and my solicitousness to find out which in the shortest way possible and particularly as to the privilege of discharging incapacity or disability incurr'd by act of parliament , ( as i told you at our last meeting ) engaged me to divert you out of the course of your method , and whereupon you told me you would refer my thoughts to the assertory part of the oath . b. well : what ever damps i may see on english mens loyalty , or degeneracy from its nature by the arts of faction a while perverting them not to assist and defend this or that privilege of the crown , i shall never despair of their coming again to themselves : and that tho as in a vessel of water and oyl , while any one is shaking it , the water may over-top the oyl , so likewise in their minds while shaken and stirred by demagogues the oyl of the lord 's anointed is not there uppermost ; yet that through its own nature , and through the english good nature and their natural addiction to religion , it will in time naturally appear to be so . and now to go on without further prefacing on either side , what if i should tell you that it imports you to consider , that in in the assertory part of the oath of supremacy , you have declared and asserted that authority , as due to the king that was challenged and used by king henry the th and edward the th , that is , that the king under god , hath the soveraignty and rule over all manner of persons born within these his realms of what estate either ecclesiastical or temporal so ever , so as no other foreign power , shall or ought to have any superiority over them ? a. i would then tell you , that you have mentioned some things to be in this oath , that i remember not to be there . b. i grant that i mention'd to you somethings that are not express'd in the oath , and in the form of it as it is administred , and was enacted eliz. c. . and by which act the refusers of such oath are punish'd with disability to bear office. but in the same year in which that act pass'd , queen elizabeth in an admonition annext to her injunctions , thought fit to exercise her royal authority of the interpretation or declaration of the sense of that oath enjoyn'd by act of parliament ; and in that admonition you will find those words that you remember not in the oath you took : as likewise her acquittal of all persons from all manner of penalties , and consequently of disability , who took the oath according to the sense of it publish'd in her interpretation . and if you consult the act , you will see that the disabilities inflicted in the act on the refusers of the oath are various . and thus then you see , that as soon as you have done taking the oath , you are immediately call'd on by your conscience to defend the privilege and preeminence of your prince , viz. of interpreting his laws , and of discharging the disabilities thereby inflicted . a. i now remember that i have read that admonition of the queens ; but i account proclamations , injunctions , and admonitions of princes to be but temporary laws , and that therefore this interpretation of the queen's and her discharging of disabilities expired with her reign . b. to obviate such thought , i shall tell you that in the act of the th of queen elizabeth , c. . and by which the refusal of the oath of supremacy is punish'd more severely then by the before-mention'd disability , viz. by proemunire for the first refusal , and by making it treason for some persons to refuse it a second time ( but penalties that none ever doubted but the crown might by its pardon discharge ) there is a proviso that the oath ( viz. of supremacy ) expressed in the said act made in the said first year , shall be takeu and expounded in such form as is set forth in an admonition annexd to the queens majesties injunctions publish'd in the first year of her reign , that is to say to confess and acknowledge in her majesty , her heirs and successors , none other authority then was challenged , and lately used by the noble king henry the eighth , and king edward the sixth , as in the said admonition may more plainly appear . and this too lets you see that the parliament by thus referring to the queen's admonition did approve of her power therein exercised , and of her having acquitted her subjects from the punishment of disability . a. i must then , i see , fairly grant you that by that parliament's having thus perpetuated the interpretation of the oath of supremacy contain'd in queen elizabeth ' s admonition , i am bound in conscience to take it in that sense , and am perjured if i do not so keep that oath ; and must likewise grant that you have shewn how auspicious that oath by the queens interpreting the same , and the parliament about five years after approving that interpretation , was to the assertion of such her power ; and that if any taker of the oath should gain-say such power , you have prepared such a confutation in the case as was used to the old philosopher who disputed against motion , and whom his adversary confuted by removing him from his place . but as you are a fair arguer , i am to take leave to tell you , that that parliament , tho they approved the queen's admonition in general , did not particularly shew their approbation of the queen's power of dispensing with the penalties that she exercised in that admonition . b. they did sufficiently shew their approbation of the whole ; and therefore you need not question their approving of its parts . but because you seem to lay some stress on that parliament's not expresly approving in terminis the queen 's power of discharging the penalties ( and one of which by the act of o elizabethoe was disability ) i shall tell you that whereas queen elizabeth had thought it expedient for the supporting of the consecration of the bishops of the church of england to dispense with whatever might cause disability , according to her supream authority , by her letters patents , the very same parliament at their next session did o elizabethoe , c. . in terminis terminantibus declare their approbations of the queens dispensing with disability by those letters patents : for it having been in that statute mention'd , that for the avoiding of all ambiguities and questions that might be objected against the lawful confirmations , investings and consecrations of the said archbishops and bishops , her highness in her letters patents under the great seal of england , &c. hath used and put in her said letters patents divers other general words and sentences , whereby her highness by her supreme power and authority hath dispens'd with all causes or doubts of any imperfection or disability that can or may in any wise be objected against the same , &c. it follows , that all acts and things heretofore had , made or done by any person about any consecration , confirmation or investing of any person elected to the office or dignity of any archbishop or bishop , &c. by uirtue of the queens majesty's letters patents or commission , &c. be and shall be by authority of this present parliament declared , judged and deemed at and from every of the several times of the doing thereof good and perfect to all respects and purposes : any matter or thing that can or may be objected to the contrary thereof in any wise notwithstanding . sir e. cook in the th part of his iustitutes . c. . viz. of ecclesiastical courts , takes notice how our adversaries had made objections against our archbishops and bishops consecrated about the beginning of the reign of queen eliz. and consequently against the bishops ever since : that they were never consecrated according to law , because they had not three bishops at least at their consecration , and never a bishop at all , as was pretended , because they being bishops in the reign of edward the th were deprived in the reign of queen mary , and were not ( as was pretended ) restored before their presence at the consecration . these pretences being but cavils are answer'd by the statute of o eliz. c. . and provision made by authority of that parliament , for the establishing of archbishops and bishops , both in proesenti and in futuro in their bishopricks . but mason in his d book c. th . de ministerio anglicano , in his answering the objection , hath recourse to the queens patents referr'd to by the statute of o eliz. and having mention'd the queen's dispensing by her supreme authority cum quavis causâ aut suspicione c●…jusvis defectus , aut inabilitatis quoe quovis modo contra eorum consecrationem obtendi poterat , he saith , verba in diplomate regio sic se habent , supplentes nihilominus suprema authoritate nostra regia ex mero motu & certa scientia nostris , si quid in hiis quae juxta mandatum nostrum per vos fient , aut in vobis aut vestrum aliquo , conditione , statu , aut facultate vestris ad praemissa perficienda desit , aut deerit , eorum quae per statuta hujus regni , aut per leges ecclesiasticas in hac parte requiruntur , aut necessaria sunt , temporis ratione aut rerum necessitate sic postulante : and then adds , unde serenissima regina ut omnem calumniandi ansam proecidere , ipsique invidioeos obstruere posset , &c. dispensare dignata est , siquid forte lynceis oculis invidia , alicujus statuti vel canonis violati proetextu possit obtendere . and then having brought in his popish opponents objection , hem quid audio ? vos p●…ntificis maximi dispensationes dente canino soletis arrodere , & jam nihil pudet in actis parliamentariis laicali magistratui , reginoe , foeminoe dispensandi facultatem transcribere ? dispensandi inquam cum quavis causâ aut suspicione ullius defectus aut inabilitatis , quoe incidere poterant , idque in sacris ordinibus , he makes this reply , viz. papa aliquando dispensat nimium papaliter , sed non perinde elizabetha . suas tantum leges relaxavit : cum transgressionibus contra leges suas dispensavit . quod deus fixit nunquam refigere , aut rescindere est molita . and there afterward to the objection ; si dicatur reginam sufficientem dispensandi cum illis potestatem habuisse , proferatur aliquod illius potestatis fundamentum , ●…i non ex scripturâ sacrâ , saltem ex conciliis aut patribus , aut uno aliquo approbato exemplo , in toto mille & quingentorum annorum curricu●…o , the reply is , nonne principis est legum suarum r●…gorem res ubi postulat emollire ? non magno opinor opus est m●…limine ad hoc probandum : and as to what was objected against a prince's dispensing with an ecclesiastical canon , he saith , canonum ( quatenus sunt leges principis ecclesiasticoe ) summum jus , rigorem , & duritiem moderari spectat ad officium principis . and then he judiciously confutes sanders his reproaching our bishops in his book of schism , with the term of parliamentarii episcopi , and he referrs to the words in the statute of o eliz. that i have mention'd to you , and saith of them , omnino liquido ostendunt comitia parliamentaria non consecrasse , ordinasse , vel constituisse episcopos aut ministros , sed jam secundum leges ecclesioe legitime consecra●…os , & ritè ordinatos , ac constitutos , pro talibus habendos esse declarasse , &c. and so i doubt not but you mind the words in that act relating to the queen's letters patents , viz. shall be by authority of the parliament ( not made good , for they were so before , but ) declared , judged and deem'd good . a. i apprehend you . b. but to return to the consideration of what you are on the whole matter obliged to by virtue of the oath of supremacy in the case now before you : and herein i find that by virtue of the queens interpretation of that oath , and the parliaments approbation thereof , that when in the assertory part of the oath you do utterly testify and declare in your conscience that the king's highness is the only supreme governor of this realm as well in all spiritual or ecclesiastical things or causes as temporal , you have as in the presence of god solemnly given your cordial assent to , and made your most religious acknowledgment that the sole supreme government or soveraignty and rule under god over all manner of persons born within these realms , is in the king ; and you are obliged to judge that tho the oath speaks of all spiritual or ecclesiastical things or causes , and the interpretation of all manner of persons of what estate either ecclesiastical or temporal soever they be , yet there is no inconsistence between the oath and the interpretation , for that as a learned man in his comment on that oath hath well observ'd , there is no opposition between these two , persons and causes ; the principal object of a law is a person , and a person with respect to his actions , a person morally consider'd ; and he there quotes suarez de legibus , l. . c. . saying , ad leges per se requiritur potestas in personam , secundario in res alias : and for that the assertory clause in the oath declaring the king the only supreme governor of this realm , doth necessarily imply his being the only supreme governor of all persons in it . a. but perhaps you did not take notice that probably one reason why queen elizabeth was willing that her interpretation that related to the assertory part of the oath , i mean as to her power over all the persons of her subjects , and which was publish'd in the admonition after her injunctions , should in the aforesaid act in the th year of her reign be approved in parliament , might be to satisfie the scrupulousness of some mens tender consciences , and who might thereby think that according to the rule of ejus est interpretari cujus est condere , that the oath of supremacy enjoyn'd by parliament o elizabethoe could not receive an interpretation but from the queen in parliament , and that that consideration might therefore be supposed to be the cause of the queens interpreting , being approved or declared good by the parliament in the fifth year of her reign . b. i shall tell you that as to the sufficiency of the queen's power to interpret the oath by her sole authority , it appears not that the proviso in the statute of eliz. did in the least arise from any such scruple , and so de non apparentibus , &c. and here without troubling you with the notions of the royal assent creating the soul of the law , and by the words of le roy le veult ▪ after the body of it hath been prepared by the three estates and that the three estates have nothing to do to interpret a law that is once made , and accordingly as sir c. hatton , formerly lord chancellor of england , in his treatise of acts of parliament and their exposition , tells us , that the assembly of parliament being ended , functi sunt officio , and speaking particularly of those of the lower house , saith their authority is return'd to the electors so clearly , that if they were all together assembled again for interpretation by a voluntary meeting , eorum non esset interpretari , &c. i shall once for all observe to you , that our monarchs when in the exercise of the prerogative inherent in them , and inseparable from them , relating to matters of peace and war , the coining of money , or the dispensing in matters civil or ecclesiastical , they condescend to have the same in particular ●…ases approved or strength●…n'd by parliament , are no more deprived of their sole supremacy therein , then the body of the sun is devested of its heat and light by diffusing the same through the air. but i have before observ'd to you , that the apparent cause in the proviso of o elizabethoe , whereby the queens interpretation is enacted , is the better to transmit the obligatoriness of the interpretation in point of conscience beyond her life , and to the reigns of her heirs and successors , and to bind us who live now to acknowledge such power due to our present king over the persons of all his subjects , as was in her interpretation challenged to be due to harry the eighth and edward the sixth . i shall not trouble you with my judgment about moot-points of law relating to the regal power of interpreting acts of parliament , and particularly such wherein oaths are founded . my lord coke , inst. . c. . tells us , that an oath cannot be ministred to any , unless the same be allow'd by the common law , or by some act of parliament : neither can any oath allow'd by the common-law , or by act of parliament , be alter'd but by act of parliament : and saith in the margin , so resolv'd , an. . el. in the case of the under-sheriff . and then saith the oath of the king 's privy councel , the iustices , the sheriffs , &c. was thought fit to be alter'd and enlarged , but that was done by authority of parliament . for further proof whereof see the statutes here quoted ( i. e. those referr'd to in his margin ) and it shall evidently appear that no old oath can be alter'd or new oath rais'd without an act of parliament . i have only here referr'd you to matters of fact in the reign of queen elizabeth , a reign that the royal martyr in p. . of his declaration to all his loving subjects of aug. . . refers to with so much honour by saying , we declared our resolution , &c. and desired that whatsoever mistaking had grown in the government either of church or state might be removed , and all things reduced to the order of the time ( the memory whereof is justly precious to this nation ) of queen elizabeth , &c. and do leave it to you to consider how great the power of interpretation of laws is in it self ; a power almost infinitely greater then the discharging either the obligations of some penal laws or their penalties pro hic & nu c , and as to some particular persons , as any one will grant who hath seen the extent of the power of interpreting in the canon law , where the glossa ad cap. statuimus . distinct. . gives us this interpretation of statuimus : statuimus ( i. e. ) abrogamus . and i can for this purpose t●…ll you , that bartol●…s in his tractatus testimoniorum speaking of the imperial power concedendi veniam oetatis , saith carolus quar●…us sanctissimus & nebilissimus imperator inter 〈◊〉 mult●… concessit , ut ego meique descendentes quos legibús d●…los esse contigerit , per un versum imperium oetatis ven●…am concedere vale●…mus , servatā formā quoe legibus reperitur ins●…rta ; and whereby you see that a power of dispensing with incapaci●…y , was by the prince given as an inheritance . but none can imagine that the power of interpreting laws can be so conferr'd : so that therefore according to the rule of law , non debet cui plus licet , quōd minus est non licere , you ne●…d not w●…nder at the prince's dispensing with incapacity in particular cases , whom you have seen interpreting laws . and you may consider that if the queen did contrary to the measures of law referr'd to in my lord coke , by her sole supream ecclesiastical authority , seem to alter the interpretation of a stature oath for the better , what she did found afterward its approbation in parliament : and in fine ; i leave it to you to consider how much the power of dispensing with any law may be thought coincident with interpreting , since as i shall some other time shew you at large that the dispensing with laws , is in effect the equitable interpreting that in such and such cases and circumstances they were not intended , and ought not to bind , but ought to be relax'd . and now i must take the occasion offer'd me to give you a prospect of the queens dispensative power , both of the interpretation of this oath , and of the acquittal from disabilities that is not bounded by the statutes of o or o elizabethoe beforemention'd , and wherein she again stood on the single basis of her own supreme authority ecclesiastical , without having recourse then to a parliaments approbation . mr. ney in his learned observations on the oath of s●…premacy ▪ having spoke of the queens interpretation of the oath in her admonition , and of the parliamentary proviso o eliz. doth thus go on , there is something of explication further ( meaning of the oath ) in the arti●…les of religion concluded in the year , and then recites the th article as followeth , viz. the queens majesty hath the chief power in this realm of england , and other her dominions , unto whom the chief government of 〈◊〉 estates of this realm , whether they be ecclesiastical or civil in all causes doth appertain , and is not nor ought to be subject to any foreign iurisdiction . where we attribute to her majesty the chief government , by which title we understand the minds of some slanderous folks to be offended , we give not to our princes the ministring either of gods word , or of the sacraments , the which thing the injunctions also lately set forth by elizabeth our queen do most plainly testify , but that only prerogative which we see to have been given always to all godly princes in holy scriptures by god himself , that is , that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal , and restrain with the civil sword the stubborn and evil doers . the bishop of rome hath no jurisdiction in the realm of england . the laws of the realm may punish christian men with death , for h●…inous and grievous offences . it is lawful for christian men at the commandment of the magistrate to wear weapons , and serve in the wars . now after the oath of supremacy had been enjoyn'd in the first year of her reign , and the admonition annexed to her injunctions was then likewise publish'd , viz. a. d. . and after the parliament had by proviso 〈◊〉 the interpretation of the oath , ( which parliament began the th of ianuary in the th year of her reign , and from which day all things d●…ne in that session are to bear date ) the articles of religion agreed on by the archbishops and bishops of both provinces , and the whole clergy in the convocation holden at london in the th year of her reign , and a. d. . were by the archbishops and bishops of both provinces subscribed the th of ianuary in that year , and by the clergy of the lower house of convocation on the th of february following , and to all which the queen gave her royal assent . and in the articles there was by the queens royal prerogative an additional interpretation probably at the instance of the clergy given to the interpretation , in the admonition ▪ and in the parliaments proviso : and the which additional interpretation had in it no respect to , nor mention of what , being in several places of the former one , might amuse the clergy with some fears and iealousies , namely the duty , allegiance and bond that were acknowledged due to harry the th and edward the th , and the authority that was challenged and lately used by those princes ; however yet that latter clause is qualify'd in the admonition . but for the th article before-mentioned allowing the measures of the royal supremacy from the prerogatives given by god in scripture to holy princes , whereby our clergy might seem to have brought the prerogative into its own proper element , and theirs too ( the knowledge of the scriptures being their profession ) our clergy no doubt were always thankful to the crowns dispensative power , and so exercised out of parliament : and whereby they were secured from penal disabilities either by suspension or deprivation for not taking the oath in the sense of the admonition . thus as things in their proper place are at rest , the queens dispensative power and the consciences of the clergy by this interpretation of the oath were so much at rest , that about eight or nine years afterward the same articles that had been by the archbishops and bishops and clergy of both provinces agreed on in the year . were by the said archbishops , bishops and clergy again agreed upon , and again ratify'd by the queen in the year . the th year of her reign , and when care was taken by the government that that interpretation being incorporated in the body of the articles should be deem'd good in parliament by the statute of o eliz. c. . as the other interpretation in the admonition had been by the proviso in the act of the th of that queen , and probably for the same reason : and as her dispensing with disability expresly in the th year of her reign was . in the act of the th of eliz. reference was made to those articles as agreed on by the archbishops and clergy and set forth by the queens authority anno . and the act is entituled , reformation of disorders in the ministers of the church , and in which it was enacted , that all such as were to be ordained or permitted to preach or to be instituted into any benefice with cure of souls , should publickly subscribe to the said articles ; which shews ( if you mind it ) that tho the parliament did well allow and approve of the said articles , yet the said book oweth neither conf●…rmation , nor authority to the act of parliament . and that act concerning only clergy-men , tho the interpretation in the th article is left to oblige the clergy , yet that in the admonition might concern you to stick to , if nothing had since happen'd whereby the dispensative power inherent in the crown , may have given your conscience the benefit of the interpretation thus afforded to the clergy . but therefore i shall here tell you , that the canons of king iames the ●…st . anno ▪ being confirmed for him and his heirs and successors are binding now , however it hath been objected as the unhappiness of queen elizabeths canon●… , viz. a. . a. . a. . wanting those formal words of heirs and successors , to expire with her . and as those words are in king iames's canons so are the words of enjoyning their being observ'd , fu●…fill'd and kept not only by the clergy , but by all other persons within this realm as far as lawfully , being members of the church it may concern them : and tho in the first canon there entituled , the king's supremacy over the church of england in causes ecclesiastical to be maintain'd , 't is order'd , that all ecclesiastical persons shall keep and observe , and as much as in them lyeth , all and singular laws and statutes made for the restoring to the crown of this kingdom , its ancient iurisdiction over the state eccl●…siastical , yet in the next canon entitled , impugners of the king's supremacy censur●…d , the measures of the king 's ecclesiastical authority being taken from the godly kings among the iews according to the th of the articles , was an extending to the layety the ben fit of the interpretation obtain'd by the clergy , the which was in effect a judgment of the convocations , that the pursuance of that interpretation of the king 's ecclesiastical power , and the avoiding of the punishment of disability by the use of that power , was not aga●…st the law of the land : but the th canon , viz. impugners of the arti●…les of religion establish'd in the church of england censured , and in which the establishment of the articles is solely referr'd to them , as agreed on in convocation in the year . without any notice of the parliament of the th of eliz. having done any thing about them , doth more clearly secure to you the benefit of the interpretation the clergy had . a. you have mention'd so many things to me relating to the interpretation of the oath of supremacy which i never knew before , that may seem to perplex the conscience of any one who would take it , and to expose it to such a kind of ordeale-purgation per ferrum candens , that may make the passage through it dangerous to ones conscience . b. look you to that who have taken the oath , and do you consider how far you are by the interpretations that i have referr'd you to , obliged to take your measures in the matter that lies now before you , as to your assisting and defending the prerogative of the dispensative power : and i likewise recommend it to you to observe how much to the satisfaction and ease of the minds of the generality his majesty's lay-subjects , he by connivence hath dispens'd with their not troubling themselves to study the duty , bond , or allegian●…e that was acknowledged to be due to henry the th , or edward the th , or the prerogative given by god to godly princes in the scripture , or the christian emperors in the primitive times : for however our divines are by the articles and the canons of king iames , and king charles the first particularly obliged to study these points , and that the knowledge of the same may oblige men of learning and leisure among the layety to conduct their consciences thereby in their observance of this oath , yet his majesty 's not reviving among all his subjects by any proclamation or ecclesiastical injunction or otherwise , the notices of these forgotten things , cannot but be acceptable to the generality of them as a dispensation by connivence . and therefore in complaisance with , and gratitude to him , they are by the law of nature bound to give him what is plainly his due , according to the plain oath tender'd to and taken by them , and to take care that they do not exercise an illegal power of dispensing by way of interpretation of that oath to the subversion of the sense of the assertory and promissory parts of it ; both which are the supporters of the royal dispensative power . but reserving for some other time my thoughts relating to the dispensative power exercised by the godly princes in holy scripture , and by the christian emperors , i shall desire you now to look on your oath in the plain natural sense of it , and as much as if no authoritative one had ever been given of it . consider , that when you declare the king is the only supreme governor of this realm , or governor of all persons in it , no humane laws can bind our consciences by any disability penal incurr'd from serving him . when kings say there is a necessity for our service , st. paul hath said , we must needs be subject to them ; and which as grotius hath well observ'd , implies obedience to their commands as well as submission to their coercion . as dr. donne in his pseudo-martyr observ'd well concerning the oath of allegiance , all the substance of the oath is virtually contain'd in the first proposition , that king james is lawful king of all these dominions , the rest are but declarations and branches naturally and necessarily proceeding from that root , the same as to the point we are upon may be verify'd of the oath of supremacy , the king's highness is the only supream governor of this realm ( not shall be by virtue of this act ) is so notwithstanding any thing that hath been done , or is a doing , and whereby any former princes supposed de facto consenting to tye up his hands from governing all his subjects , and ranging them in their stations in his service , is out of the case of your oath , who have sworn thus , that king iames the second is the only supreme governor , &c. since therefore you have in your oath acknowledged that the king is the only supream governor , and that according to the th article of the church of england , he hath the rule of all estates and degrees committed to his charge by god , whether they be ecclesiastical or civil , i will ask you , if any humane law can disable any persons from being govern'd by him , more then it can children from honouring their parents . according to those words in malachi , if then i be a father , where is my honour ? and if i be a master , where is my fear , &c. may it not be said to every subject , while the king is your king , while he is your only supreme governor , and while he is your political father , will you not be govern'd by him ? or in effect , will you govern him by thinking to oblige him not to employ this or the other subject , and in effect endeavour both to dishonour and disable him who is the head of the community ( as it were ) by loss of member ? will you dishonour him who bears the sword by imposing on him your belief that such a member of the body politick is a gangrened one , and necessary to be cut off from serving the state , when he tells you he knoweth the contrary ? or will you dishonour his religion by saying that papists are disabled by their religion from being sound members of the state , when he knoweth they are not so disabled by it , and accordingly as sir william temple hath in his excellent observations on the low countries made it appear , that the papists there are a sound part of the state ? remember that the words only supreme , as apply'd to your king in the assertory part of your oath are not otiosa epitheta . you will find that our great casuist , bishop sanderson in his seventh lecture of the obligation of conscience lays so much stress on those words in your oath only supreme governour , as to judge him periur'd who having taken the oath , shall assert the figment ( as he calls it ) of co-ordinate power . quid enim periurium dici mereatur , si hoc non sit manifestissimum periurium , quem solum esse supremum in suo regno moderatorem , conceptis verbis juraveris , ei parem etiam in suo regno potestatem constituere & agnoscere . if you did but often enough consider your prince , as asserted in your oath , to be governor of the realm , you would find in your thoughts no difficulty of allowing him the power of commanding all persons in it without exception to serve him . bishop bilson in his book of supremacy , p. . saith , though bishops may be call'd governors in respect of the soul , yet only princes are governors of realms . pastors have flocks , and bishops have diocesses ; realms and dominions none have but princes , &c. and so the style of governor of this realm belongs only to the prince , and not to the priest , and imports a publick and princely regiment . and here i shall take occasion to tell you , that as the common law , subjecting the inhabitants of this realm to the government of bishops hath not kept our princes from exempting particular persons and bodies corporate from their iurisdiction , but could not exempt them from being subject to their prince , and from obeying him , that much less could any statute law do it . it is upon the weight of reason that lyes in this assertory part of the oath that so many writers of the common law have founded their assertion of the king's power o●… commanding the service of all his subjects , as essential to the keeping up the monarchy , ( or the rule of all estates committed to him by god , that i lately spoke of ) and inseparable from it , no●… alienable by any humane laws . it is the supreme power of our princes as governors of the realm , that hath always entitled them to press men for the service of the crown by land or sea , and to recall both soldiers and mariners from the service of foreign princes upon emergent occasions to serve their natural liege lord. and the book writ by a learned common lawyer against the exclusion , call'd , a letter from a gentleman of quality in the country , &c. and printed a. . and so deservedly extoll'd by the iudicious loyal , tells you in p. . and . that if it should be enacted by parliament that no man should honour the king , or love his parents or children , &c. such an act would be ipso facto void , because contrary to the express divine command , &c. the statute of h. . c. . and several other statutes enact , that no man shall be sheriff of any county above one year , and that any patent of the king to any person for a longer term , tho with an express clause of non-obstante shall be void and of none effect , and the patentee perpetually disabled to bear the office. and yet notwithstanding it is resolv'd by all the iudges of england , that these acts of parliament are void : and that the king may by non-obstante constitute a sheriff for years , life , or inheritance . and what is the reason which the iudges give of this resolution ? why , because , say they , in express words , this act of parliament cannot bar the king of the service of his subject , which the immutable law of nature doth give to him . for obedience and ligeance of the subject , ( add they ) is due to the soveraign by the law of nature . see hen. . . v. calvin's case , . a. in coke's th rep. we know that by the statute of o. h. . c. . 't is ordain'd , that every sheriff of england shall abide in proper person within his bailywick , for the time that he shall be such officer . but this act hath never been construed to hinder the king as supreme governor and ruler of all persons in the realm from commanding any sheriffs to serve him elsewhere during their shrievalties : nor on such case to oblige the sheriffs in conscience to observe the statute by such personal residence . baker in the reign of king charles the first tells us of an information a. . in the star-chamber against mr. long , for that he being high sheriff of the county of wilts , had the charge and custody thereof committed to him , and had taken his oath according to the law to abide within his bailys-wick all the time of his sheriff-wick , and his trust and employment requiring his personal attendance therein , did contrary thereto suffer himself to be chosen a citizen for the city of bath to serve in the last parliament , and did attend at westminster in parliament without his maiesties licence , he being sheriff at that time : and that for the foremention'd offences and breach of his oath , and neglect of his trust , and contempt of his majesty , the decree was , that he should be committed to the tower during his majesties pleasure , and pay a fine of marks to the king. hereby you see that his majesties licence or dispensing with that statute had indemnify'd him from it in the court of law ; and that the potestas superioris being necessarily imply'd in a promissory oath , the king as supreme governour of all persons in his realms , commanding or allowing such officers service to the publick elsewhere , had secured him in either forum . the known custom of the speaker of the house of commons disabling himself when presented to the king , but of entring on his charge on the king's approbation and pleasure signify'd ( according to that saying of cu●… me posse negem quod tu posse putes ) may pass for some representation to our thoughts of disability to serve the publick , then evaporating when the king as governor of the realm doth give the subject a call so to do . you may find this practice of the speaker's disabling himself set down in coke . inst. c. . and i shall here by the way take notice that he there likewise mentions it that one of the principal ends of calling of parliaments is for the redress of the mischiefs and grievances that dayly happen . and he had there before said , now forasmuch as divers laws and statutes have been enacted and provided for these ends aforesaid , and that divers mischiefs in particular , and divers grievances in general concerning the honour and safety of the king , the state and defence of the kingdom , and of the church of england might be prevented , an excellent law was made anno . e. . which being applied to the said writs of parliament doth in few and effectual words set down the true subject of a parliament in these words , for the maintenance of the said articles and statutes , and redress of divers mischiefs and grievances which daily happen , a parliament shall be holden every year , as another time was ordain'd by a statute . before the conquest parliaments were to be holden twice every year , &c. but accordingly as my lord coke there takes notice of the style of the statute of . e. . viz. to the honour of god , and of holy church and quietness of the people , and according to the style of the statute of . e. . because our sovereign lord the king edw. . which soverainly desireth the maintenance of the peace and safeguard of his people , &c. hath ordain'd , &c. for the quietness and peace of his people , &c. and suitably to the style of the statute of o e. . . to the honour of god , &c. the king for peace and quietness of his people as well great as small , doth grant and establish the things under-written , &c. and to that of . e. . and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , and according to that style in the register , nos oppressiones , duritias , damna excessus , & praedicta gravamina volentes relinquere impunita , volentesque salvationi & quieti populi nostri in hac parte prospicere ut tenemut , &c. and according to the trust committed to princes by god to endeavour that their subjects may under them lead quiet and peaceable lives in all godliness and honesty ( and which is the great fundamental reason of the moral obligation of princes to relax the summum jus of their laws by sometimes dispensing therein ) since we may easily imagine by our thinking of a late conjuncture , how possible it was that the peace and quietness of the people might be disturb'd by the annual calling of parliaments , according to the tenour of those laws ; our princes as supreme governors of the realm , did often dispense with their observance . the author of the book call'd the long parliament dissolv'd , printed in the year . refers to the laws of o e. . c. . and . e. . c. . . e. . n o. . . e. . n o. — . r. . n o. . as positively appointing the meeting of a parliament once within a year . and the people ( saith he ) have silently waited and born the omission of our princes in not so calling parliaments : and he further mentions how queen elizabeth prorogued a parliament for three days more then a year : and he presumes to complain of his late majesty's proroguing his long parliament to above a years time as illegal , and he argues for that parliaments being disabled from sitting and acting afterward as a parliament , by reason of such prorogation as contrary to the aforesaid laws , and which , he saith , were declared to be in force when the triennial act was made in . caroli mi. and so likewise in the statute for repealing that triennial act in . car. o. in these words , and because by the ancient laws and statutes of this realm made in the reign of king edward the third , parliaments are to be held very often , &c. and how the iudgment of the house of lords was assertive of the legality of that parliaments not being disabled from sitting after such his late majesty's prorogation , is fresh in memory . but to return from whence i digress'd , i may here take notice to you how our princes as supreme governors of the realm , and as having the rule of all persons committed to them by god ( and to whom they stand accountable for the same ) have held themselves obliged further to dispense with disability incurr'd by acts of parliament upon a religionary account , and which they have done to the general satisfaction of their subjects of all religions . a : what do you here intend to refer to ? b. i do here intend to refer to the statute of o iacobi c. . by one clause in which act convict recusants are disabled from practising physick , or bearing any office or charge military , and by which clause every person offending , is to forfeit for every such offence l. and the one moyety thereof to be to the king , and the other moyety to him that will sue for the same , &c. but notwithstanding the zeal of that prince against popery , he out of a tender regard to the bodies and healths of his people , and the ennabling many learned roman-catholick physicians to preserve them , did by connivence sufficient●…y dispense with that law ; insomuch that it may be said , that that severe disabling law came on the stage , but as cato into the theatre , only to go off again . and i have elsewhere mention'd it , that a book afterward printed in his reign , call'd the foot out of the snare , sets down the names of about twenty five famous roman-catholick physicians then practising in london , and the places of their abodes , and whom yet ( i believe ) no informer ever molested . and notwithstanding the disability incurr'd by that act of parliament , i account that an eminent roman-catholick physician not long since dead , was not by any among our various sects of protestants in the plot-times , envy'd the liberty of being in our metropolis the greatest practicioner of that noble science . by the same clause roman-catholick lawyers are likewise disabled from practice , and under the same penalty ; but who likewise enjoy'd the same dispensation by connivence with those of the other profession , accordingly as mr. nye in his book , call'd beams of former light observes , p. . viz. the law , physick , merchandize , &c. may be practised by a turk , or iew , or papist here among us , &c. how severe the laws in being are against roman-catholicks of the other great profession , namely of theology , and of the clerical or●…er officiating here , you know . but you likewise know my opinion i discours'd to you of in the conjuncture of the plot , and panick fears ; namely , that by virtue of the contents of the assertory part of the oath we are upon , even our protestant kings as supreme governors of the realm both in matters ecclesiastical and civil , and as having the rule of all persons committed to them by god , were morally bound to see our roman-catholick countreymen , while living among us here , provided with a competent priesthood , as physicians for their souls , and to administer the sacraments to them . a. yes , i remember you discourse of that matter then , and how you mention'd it ; that if any turks or iews , or any heterodox religionaries desired to live here without a priesthood , the prince as guardian of both tables , was obliged by his coercive power to make them put their own principles in practice by their having a competent priesthood , and which all the sects of the mahumetan , paga●… , iewish and christian religion own it as their principle to have : and that as religion was necessary to the state to make men good subjects and ready to serve their prince , and just dealers , a priesthood was necessary to religion . b. you are not therefore to wonder at the dispensation by connivence so many roman-catholick priests enjoy'd here in the reig●…s of former princes . and i shall some other time tell you how our laws that disable papists from bearing arms , were in the time of the rebellion after a. . necessarily dispens'd with by the royal martyr as supreme governor of the realm ; and that none of the church of england did look with an evil eye in the least on such disability , being then dispens'd with by prerogative . a. i suppose you may have heard it objected that by the statute of . c. . which has lately employ'd your thoughts , the prerogative of the king is not touch'd ; for that the king may grant the offices to any of his subjects , and that the act is only a direction to the subject to qualifie himself accordingly for the king's service , and that if he be uncapable to serve the king , 't is through his own default , and he is punishable for the same , as happen'd in the case of one who was made sheriff and neglected to take the oaths : and that there was an opinion given in the case that no subject could put himself out of a capacity to serve the king , but for so doing he is punishable . b. but the more you think of this matter , you will find the unreasonableness of the objection recurring upon your thoughts with greater force . for it is not in mens power to qualifie themselves to serve the king by believing what doctrinal propositions they will : and tho you have heard of a faith that will remove mountains , yet you may consider that 't is as easie to remove them as your faith it self about matters of reveal'd truth , and that considering the circumstances some mens minds are involv'd in , they can no more alter their beliefs about transubstantiation , then they can transubstantiate themselves into other creatures ; and are under a moral incapacity of preventing another incurred by law. and therefore as it would be injustice in a judge to punish a man for the errors of the mind that he knoweth not to be voluntary , and for a man 's not putting himself into a capacity to serve the king , by the professing of the truth in problematical points , when the king of kings hath by the not sufficient promulgating of such truth to his understanding , render'd him innocent in his disbelief thereof , and so long morally uncapable to profess it ; so by one man's after another appearing thus unable to qualifie himself to serve the king , he may be totally unserved . i have often heard you complain of the narrow idea's of the king's supremacy in some of the non-conformists : but if you will read the protestation of the king's supremacy made by the n●…n-conforming ministers and printed a ▪ d. . you will find that they have there given in sufficient caution for t●…eir principles , not allowing any of the king's subjects being disabled from serving him . for they having said in § . . we hold and maintain the same authority and suprem●…cy in all causes and over all persons civil and ecclesiastical granted by statute to queen elizabeth , and expressed and declared in the book of advertisements and injunctions , and in mr. bilson against the iesuites , to be due in full and ample manner without any limitation or qualification to the king ▪ and his heirs and successors for ever , they add in § . . we are so far from judging the said sup●…emacy to be unlawful , that we are pers●… aded that the king should sin highly against god , if he should not assume the same to himself , and that the churches within his dominions should sin damnably , if they should deny to yield the same to him ; yea , tho the statutes of the kingdom should de●…y it to him . and they tell you in sect. . that the height of the king 's royal dignity consists in his supremacy . it is thus likewise a kind of familiar or vulgar error among protestants to think that in the ●…ncient times this fundamental assertory part of your oath t●…at the king is the only supreme governor of this r●…alm , was not allow'd . long before the rescript of the university of oxford to henry the th , a. . mention'd that he was next under god their happy and supreme moderator and governor , and on which being brought into the parliament house , an act passed whereby the king was declared supreme head and governor of the church , and long before it was declared by the parliament . r. . c. . that the crown ●…t england hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to god in all things touching the regality of the same crown , and to none other and long before bracton's writing in the reign of h. . omnis quidem sub rege , & ipse sub nullo sed tantum sub deo ; and ipse autem rex non debet esse sub homine , sed sub deo. &c. you will find ( if you look into coke's th instit. c. . ) that in the law before the conquest , the style runs , rex autem quia uicarius ▪ summ●… regis est , ad hoc est constitutus , ut regnum ter●…enum & populum domini & super omnia sanctam veneretu●… ecclesiam ejus & regat , &c. and where he tells you of the style of king edwin in his charters , viz. of ang●…orum rex , & totius britannicae tel●…uris gube●…nator & rector . and he there refers likewise to several grants made by ab●…ots and priors to king e. . wherein they style him by these very words supremus dominus noster . but that he might perimere litem , as to the point of the ancientness of the king's supremacy , he there referreth to the judgment of parliament declared in the statute of o. h. . c. . viz. that by divers authentick histories and chronicles , it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the world govern●…d by one supreme head and king , &c. unto whom a body-politick , compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty been bounden and owen to beat next unto god , a natural and humble obedience , &c. and here i am led to tell you , that as it is on this foundation of the king 's being the supreme governor and ruler of all sorts and degrees of men thus anciently acknowledged by our roman catholick forefathers , that the regal power of dispensing with the laws that were penal by incapacity , and particularly in order to the crown 's being enabled to command the obedience and service of all estates and degrees of men , was built , so it is on the same that the usurpations of the papal dispensative power of that kind were opposed . i shall before we part give you instances hereof . a. i thank you , but shall here tell you , that the expression you used just now about the king being disabled by his subjects being so , hath overcast my thoughts with some kind of horror . b. i cannot help it ; but if you will have me speak with the frankness of a philosopher , concerning the nature of things , the disabling of the subjects must have that effect in nature , and of the disabling of their country too . and i think too you gave me a hint for some such thought at our last meeting . if you do but consider the services done to monarchs by that abject nation of the iews ( and who by tacitus were call'd the vilissima pars servientium ) and how in our saviour's time they were serviceable to the roman empire in the collection of the customs , and how much they have been since and still are useful to the grand signior , and to many christian princes by gathering in their imposts , you will easily imagine the loss that would redound to princes by religionary heterodoxy disabling any to serve them . it is but natural to men of the most inquisitive and penetrating thoughts to differ from many points of theology receiv'd by princes and their people : and since such heterodoxy doth difficult their access to preferment , it is but natural to them by their working thoughts and industry to arrive at the excelling the duller orthodox in whatever course of life they take , and by that means to try to push on their way into their prince's favour , and consequently to have very sharp regrets against any methods that would incapacitate them for it . and as if this civil death were to men of great thoughts the terrible of terribles , and what as hindring them from serving their prince and country were like burying them alive , i shall shew you how a man of great abilities , and who had made a great figure in the church and state , resented it in the conjuncture of a. . i mean archbishop williams , who in his famous speech in parliament that year against the bill that afterward passed into a law to disable persons in holy orders from exercising any temporal jurisdiction , doth thereupon represent it , that under a cain ' s mark an eternal kind of disability or incapacity is laid on them from enjoying hereafter any of those rights , favours , or charters of former princes , and which is the heaviest point of all without killing of abel , or any crime laid to their charge , more then that in the beginning of the bill 't is said roundly , and in the style of lacedaemon , that they ought not to intermeddle , &c. and what his thoughts were of the injustice of such incapacity put on the clergy , and of the odiousness of that punishment of incapacity , appears by what he afterward saith , viz. i come to the th part of this bill , which is the manner of the inhibition every way heavy in the penalty , heavier a great deal in the incapacity . in the weighing the penalty , will you consider the small wyers ; that is , poor causes that are to induce the same ; and then the heavy load that hangs upon these wyers ? it is thus . if a natural subject of england , interessed in the magna charta and petition of right , as well as any other ; yet being a person in holy orders shall happen unfortunately to vote in parliament , to obey his prince by way of councel , or by way of a commissioner be required thereunto , then is he presently to lose and forfeit for his first offence all his means and livelyhood , &c. this peradventure may move others most , but it doth not me . it is not the penalty , but the incapacity , a●…d as the philosophers would call it , the natural impotency imposed by this bill on men in holy orders to serve the king , or the state in this kind , be they otherwise never so able , or never so willing , or never so vertuous , which makes me draw a kind of timanthe ' s veil over this point , and leave it without any amplification at all to your lordships wise and inward thoughts and considerations . but if with so much thunder of passion as well as lightning of reason that learned speech from the bishops bench did so much resent the punishing the clergy with disability to execute secular offices , and to have the honour of serving their prince and country therein , and for the imposing of which disability that known place of scripture , tim. . . no man that wars , entangles himself with the affairs of this life , was alledged in the house as thus disabling them by the law divine ( and as to which the bishop in his speech gives a learned answer ) we may well imagine how lay-men of good births and educations , and whose diligence employ'd in courts and cities , and camps abroad , may have qualify'd them here to stand before kings , must necessarily aggravate in their thoughts the dishonour of incapacity to serve their prince in secular employments . a. was that speech of the archbishop ever printed ? b. you will find it in the apology for the bishops to sit and vote in parliament , printed in london a. . and he hath in that speech some other expressions which corroborate that obvious natural notion of the king and kingdom being disabled by disabling of clergy-men from secular employments . for having reflected on the bill for disabling them from sitting in the star-chamber and at the council-table , sitting in commissions of the peace , and other comm●…ssions of secular affairs , he afterward saith , but , my noble lords , this is the case ; our king hath by the statute restored to him the headship of the church of england . and by the word of god he is custos utriusque tabulae . and will your lordships allow this ecclesiastical head no ecclesiastical senses ? no ecclesiastical persons to be censulted with at all ? no not in any circumstances of time and place ? if cramner had been thus dealt with in the minority of our young j●…sias king edward the th . what had become of that great work of our reformation in this flourishing church of england ? a. the truth is , it being a kind of a rule that all men of parts who have been liberally educated , and even those excelling in mechanical professions , do naturally desire to serve the king , and standing before kings having been annext in scripture as a reward to diligence in ones calling ; a mark of disability put on lay-men to serve their prince , cannot but tempt them to passion on that account more then it ought to have troubled the bishop when he call'd it a cai●…'s mark , in regard you have mention'd it , that clergy-men to some did seem by the law-divine disabled from secular employments . b. according to the opinion of iudge vaughan in his reports , who in hill and good 's case there makes a lawful canon to be the law of the kingdom as well as an act of parliament , and whatever is the law , is as much the law as any thing else that is so , for what is law , doth not suscipere magis aut minus , they were by the canon law disabled from intermedling in secular affairs : and according to his description of malum prohibitum in thomas & sorre●…'s case p. . you may say they were by the statute so disabled from intermedling . for he there saith malum prohibitum is that which is prohibited per le statute . per le statute is not intended only an act of parliament , but any obliging law or constitution , as appears by the case : for it is said the king may dispense with a bastard to take holy orders , or with ▪ a clerk to have two benefices with cure , which were mala prohibita by the canon-law , and by the council of lateran , not by act of parliament . the lateran council his lordship there means , is that held under alexander the d a. , and which council hath it in these words , viz. neque servi neque spurii sunt ordinandi : and , uni plura ecclesiastica beneficia non sunt committenda . and therefore the bishop in that speech saith , that this doctrine of debarring persons in holy orders from secular employments , is the doctrine of the popish church , and first brought into this kingdom by the pop●…s of rome and lanfrank , anselm , stephen langthon , and othobone and with an intent to withdraw the clergy from t●…eir receiving obligations from either king or lords , and make them wholly dependants on the popacy . but bishop iewel tells us in his apology p. . that veteres canones apostolorum illum episcopum , qui simul & civilem magistratum , & ecclesiasticam functionem obire velit , jubent ab officio summoveri . a. yet notwithstanding their being disabled by the antient canons , and the nemo militans , &c. tim. . as often alledged against them by the canons and canonists , i think they were frequently employ'd by our princes in the greatest offices of the state. b. they were so , and the disability of a whole third estate as to bearing secular offices did not stand in the way of prerogative . i have read it in fuller's church-history that in the year . the lords and commons in parliament did find themselves aggrieved that the clergy-men engrossed all secular offices , and thereupon presented the ensuing petition to the king according to this effect , insisting only in the substance thereof , viz. and because that in this present parliament it was declared to our lord the king , by all the earls , barons and commons of england , that the government of the kingd●…m hath been performed a long time , by the men of holy church , which are not justifyable in all cases , whereby great mischiefs and damages have happen'd in times past , and more may happen in time to come , in disheriting of the crown and great prejudice of the kingdom , &c. that it will please our said lord the king that the lay-men of the said kingdom which are sufficient and able of estates , may be chosen for these , and that no other person be hereafter made chancellor , treasurer , clark of the privy-seal , barons of the exchequer , chamberlain of the exchequer , comptroller , and all other great officers and governors of the said kingdom , and that these things be now in such manner establish'd in form aforesaid that by no way it may be defeated , or any thing done to the contrary in any time to come , saving to our lord the king the election , and removing of such officers , but that always they be lay-men , such as is abovesaid . to this petition the king return'd that he would ordain upon this point , as it should best seem to him by the advice of his good council . in fine , you see that tho the clergy-men were thus disabled by the general customs and usage of the realm , and by lawful canons and provincial constitutions , accounted by that iudge beforemention'd to be tanta-mount to acts of parliament : yet you ●…ee our kings did frequently dispense with these customs , lawful canons and constitutions . and tho the office of bishops renders them guardians of the canons , yet you see how tender they have been of the regal power of dispensing therein . and as that saying of wicliffe , however censured in the council of constance , may perhaps with a little help be reduced to orthodoxy , viz. that ●…ne should be excommunicated by any prelate , unless he know him excommunicated by god , so with parity of reason it may be said , that none should be totally disabled by any prince from serving him , unless he knew him really disabled by god ; and especially when he knew the contrary , and that the services of the great men of the clergy had so often been successfully employ'd at the helm of state : and when for the honour of clergy-mens councel some of the most profound pieces of state-policy our english story hath in it are to be attributed to clergy-mens officiating in their princes councels , and as for example , when by the figure that bishop morton made at the helm , he did make up the dismal breach , and united the two houses of york and lancaster in the happy marriage between henry the th and the lady elizabeth , a●… when bishop fox who was lord privy seal , did by his advice lay the foundation of a more happy union between the kingdoms of england and scotland , by the eldest daughter of hen●…y marrying iames of scotland , and the younger matching into france , that so on their ever coming to inherit , scotland might be annex'd to the imperial crown of england , and england not be annex'd as a province to france , and for the consequences of which advice , both englishmen , and english and french protestants have so much cause to say , we praise thee , o god , &c. and i am here minded of what fuller tells us on a. . h. . viz. it was moved in parliament that no weishman , bishop or other , shall be iustice , chamberlain , chancellor , treasurer , sheriff , constable of a a castle , or keeper of records , or lieutenant in the said office in any part of wales , or of councel to any english lord , notwithstanding any patent made to the contrary , cum clausulâ non obstante licet wallicus natus : and that it was answered , that the king willeth it , except the bishops : and for them and others which he hath found good loyal lieges toward him , out said lord the king will be advised by the advice of his councel . ex rot. parliamentariis in turri lond. in hoc anno : which citation fuller professeth to be taken out of the authentick records in the tower. there passed an act of parliament in the th year of henry the th , by which it is enacted , that no welshman shall be iustice , chamberlain . sheriff , coroner , nor other officer in any part of wales , notwithstanding any patent to the contrary with the clause of non-obstante : and yet without question ( saith my lord coke , th rep. ) the king might dispense with this statute : but you see how on the parliaments resenting the dispensations the act had met with , and particularly in bishops having contrary to the tenor of the act served the crown in secular employments , the king particularly adhered to the exercise of his dispensative power in their case . it was upon the ground of this assertion , viz. of the crown 's being entitled to command the services of all subjects , that some papists were employ'd by queen elizabeth in affairs of the state , notwithstanding any disability incurr'd by not taking the oath of supremacy . and viscount montacute , tho a roman catholick , was ( as cambden tells you ) sent by her as her embassadour to the king of spain , and employ'd too about the business of the scots , and to do right to the protestant religion . sir edward carne , likewise a roman catholick , was sent by her as her embassador to the pope . and as to the sense of many of that queen's most renowned ministers of state about the deprivation of the nonconformist divines disabled eo nomine from their ministry , being penal to the people , the author of certain considerations tending to promote peace and good will among protestants , hath mention'd it , that eight of that queens privy councellors writ a letter in their favour to the bishops of canterbury and london , in the close whereof 't is said , viz. now therefore we for the discharge of our duties , being by our vocation under her majesty bound to be careful that the universal realm may be well govern'd according to the honor and glory of god , and to the discharge of her majesty being the principal governor of all her subiects under almighty god , do most earnestly desire your lordships to take some charitable considerations of these causes that the people of this realm may not be deprived of their pastors being diligent , learned and zealous , tho in some points ceremonial they may seem doubtful only of conscience , and not of wilfulness , &c. tour lordships loving friends william burghly , george shrewsbury , a. ●…rwick , r. leic●…ster , c. howard , j. crofts , chr. hatton , fra. walsingham . and what sense the house of commons had in the beginning of the reign of king iames the first , of the disabling of several of the nonconformist divines being a gravamen to the realm , appears by the petition of that house to the king , anno . as i find it in mr. nye's beams of former light , p. . viz. whereas divers painful and learned pastors that have long time travell'd in the work of the ministry with good fruit and blessing of their labour have been removed from ecclesiastical livings , being their free-hold , and from all means of maintenance , to the great grief of sundry your majesty's well-affected subjects , we therefore humbly beseech your majesty would be graciously pleas'd that such deprived and silenced ministers living quietly and peaceably , may be restored , &c. but , in short , if you consider that the great cause that excited the loyal zeal express'd in the statute of the first of queen elizabeth ( and whereby so many statutes of harry the th against the papal ●…pations were revived ) was that the king and kingdom might not be disabled by clergy-mens not being subjects to the crown through papal exemptions , and that the crown might cum effectu be restored to its government over them , i. e. of the whole realm , and that our monarchs should by means of such exemption be no more disabled from being governors only in their realm , and not of it ( and as when the right of two persons claiming to be princes of tuscany was before the pope's arbitrage ▪ he determin'd that one of them should be a prince in tuscany and the other o●… it , ) you will find that this supreme power over all persons , as inherent in the king , is the very lapis angularis on which your abjuration of foreign iurisdiction , and on which the whole promissory part of your oath are built . for when you have first declared in your oath that the king is the only supreme governor of this realm , as well in all spiritual or ecclesiastical things or causes , as temporal , and then what followeth upon that , viz. that no foreign prince , person , prelate , state , or potentate , hath or ought to have any iurisdiction , power , superiority , preheminence or authority ecclesiastical , or spiritual within this realm , you say , and therefore i do ●…tterly renounce and forsake a●…l foreign iurisdictions , &c. and do promise that from henceforth i shall bear faith and true allegiance to the king's highness , &c. and to my power shall assist and defend all iurisdictions , &c. granted or belonging to the king's highness , &c. or united and annex'd to the imperial crown of this realm ▪ thus then the reason why you abjure foreign jurisdiction ( for you abiure when you swear to quit and forsake , as mr. nye in his observations on that oath tells us ) and why you promise to assist and defend all iurisdictions granted or belonging to the king whose subject you are ) is resolved into the kings being the only supreme governor of this realm , as well in all spiritual or ecclesiastical things or causes as temporal . i am here further to tell you that when by your oath you have renounced the pope's dispensative power ; you have asserted , and have obliged your self to defend the jurisdiction of the king 's dispensative power in the room of it : and the defence of which was the great design and drift of the entire statute of o. eliz. and of your oath therein , and no collateral thing . a. i have been and am pleas'd with that prospect you have given me into the region of the dispensative power used by the crown in the interpretation of my oath , a region that was before to me like the terra australis & borealis incognita : but ( to deal frankly with you ) i am yet to seek out the meaning of this notion last ●…rted by you , that the drift and design of the statute of o. elizabethae , and the oath was to prop up the king 's dispensative power . i doubt not but you are perfectly sensible that he who speaks to that tender thing call'd conscience , and about an oath , ought to be tender of any point he urgeth to it , and not to wyre-draw any thing by forced consequences that is to be offered to it as obligatory . b. i assure you i go by those very measures in giving you my judgment of the design and drift of that statute as i have done , and that he must put the statute on the wrack that will make it speak any other meaning . consider what the prefatory part , as the key of it mentions , viz. that divers good laws and statutes that were made in henry the eighth's time as well for the utter extinguishment and putting away of all usurped and foreign power , &c. as also for the restoring and uniting to the imperial crown of this realm , the ancient iurisdictions , &c. to the same of right belonging , by reason whereof we your most humble and obedient subjects from the th year of the reign of your said dear father were continually kept in good order , and were disburden'd of divers great and intolerable charges and exactions before that time unlawfully taken and exacted by such foreign power and authority as before that was usurped , until such time as all the said good laws and statutes by one act of parliament made in the first and second years of the reigns of the late king philip and queen mary , &c. were repeai'●… : by reason whereof they then further mention how they were then brought under an usurped foreign authority to their intolerable charges , and they thereupon desire the repealing of that act. here we are given to see by their dating the aera of their being well govern'd and disburthen'd of divers great intolerable charges and exactions taken and exacted by foreign power , from the th of henry the th , and had their eye on the statute of the th of henry the th , c. . entituled , no imposition shall be paid to the bishop of rome , which sets forth how the subjects of this realm were impoverish'd by intolerable exactions of great sums of money taken out of this realm by the bishop of rome as well in pensions , censes , suits for provisions and expeditions of bulls , &c. and also for dispensations , licences , faculties , grants , relaxations , writs call'd perinde valere , rehabilitations , abolitions , and other infinite sorts of bulls , breves and instruments of sundry natures , &c. wherein the bishop of rome hath been not only to be blamed for his usurpation in the premisses , but also for his abusing and beguiling your subjects , pretending and persuading them that he hath power to dispense with all humane laws , uses and customs of all realms in all causes which be call'd spiritual , which matter hath been usurped and practised by him and his predecessors by many years , in great de●…gation of your imperial crown and authority royal , contrary to right and conscience . for where this your graces realm recognizing no superior under god , but only your grace , hath been and is free from subjection to any mans laws , but only to such as have been devised , made and obtained within this realm for the wealth of the same , or to such other as by sufferance of your grace and your progenitors , the people of this your realm have taken at their free liberty by their own consent to be used among them , and have bound themselves by long use and custom to the observance of the same , not as to the observance of the laws of any foreign prince , potentate or prelate , but as to the customes and ancient laws of this realm , originally establish d laws of the same by the same sufferance , consents , and custom , and none otherwise ; it standeth therefore with natural equity and good reason , that in all and every such laws humane made within this realm , or induced into this realm by the said sufferance , consents and custom , your royal majesty and your lords spiritual and temporal and commons , &c. have full power and authority not only to dispense but also to authorize some elect person or persons to dispense with those and all other humane laws of this your realm , and with every one of them , as the quality of the persons and matter shall require . and the act afterward mentions the impoverishment of the people of this realm by the imposts for papal dispensations , and refers twice to the charges of the taxa camerae , calling them expresly in one place , impositions taken to the use of the pope and his chambers ; and in another , the old tax . and at the removal of these intolerable charges , as they are call'd in that of the statute of o eliz. or intolerable exactions , as they are call'd in the th of henry the th ; that of the first of elizabeth ( as i said ) had an eye in the revival of this of henry the th ; and the consideration of which statute will be of importance to us as to that part of our promissory oath that refers to our defending the iurisdictions , &c. united and annex'd to the imperial crown of this realm ; that statute of henry the th having in its prefatory part express'd the pope's dispensing here to be in derogation of the king 's imperial crown and authority royal , and there afterwards mentions how the imperial crown of this realm suffer'd by those papal exactions . and the preface of the statute of o eliz. refers in general to divers good statutes made in henry the th's time , for the restoring and uniting ▪ to the imperial crown of this realm the iurisdictions , authorities to the same of right belonging ▪ and which ushers in the reference to the statute of the th of henry the th : and then in the following clause 't is said , that for the repressing of the usurped foreign power , and the restoring the rights , iurisdictions and preheminences belonging to the imperial crown of this realm , &c. thus then you see that i have fairly shew'd you out of this statute of queen elizabeth , where your oath is situated , that the restoration of the ancient jurisdiction of the crown in dispensing , was restored to the imperial crown of this realm , the which the pope had formerly usurped on in matters both ecclesiastical and civil , and which you are obliged to defend against any papal or popular usurpations whatsoever . i was enforced for your clearer understanding of this statute to conduct you to the th of henry the th , and where you find several expressions that make it the right of the imperial crown of this realm to dispense with the disability or incapacity incurr'd by law. you have there the word rehabilitation , and what is called there the writ of perinde valere , which blount tells you in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a dispensation granted to a clerk , who being defective in his title to a benefice , or other ecclefiastical function is de facto admitted to it . and it takes appellation from the words , which make the faculty as effectual to the party dispens'd with , as if he had been actually capable of the thing for which he is dispens'd with at the time of his admission . a. . h. the th , it is call'd a writ . you have in your oath acknowledg'd the crown of this realm to be a crown imperial , and if you had not by the comparing the two statutes together , found that the power of rehabilitation of persons disabled was restored and united to the crown , as what was anciently due to it , and used by it ; yet on the consideration of the crown here being call'd imperial , and of its being a res judicata among all that write of the power of such crowns that a dispensation with persons in this kind , is allow'd them as one of the jura majestatis , you ought by virtue of your oath to be very careful how you deny this mark of soveraignty to the imperial crown of this realm which you see wants none of the other . i think i have now let you see that i have here put no forced or wyre-drawn consequences on you , and would hate to do any thing of that nature in common discourse , and about a common or trivial matter , and much more in the concern of an oath . you know i have often prais'd that letter in d'ossal where he reflects on some men thus , viz. le sont gens d'esprit , de scavoir & de labeur , qui ●…ont forgè , mais de fort ma●…vaise foy , ne faīsans conscience , & n' ayans honte de traitter un cas de conscience , & si important a la religion catholique & a toute la chrestiente , en chichaneurs & sophistes . but further yet to let you see that in minding you in point of conscience , and by virtue of this your oath ; duly to prop up the regal power of dispensing with incapacity , i put no wyre-drawn consequences upon you , and do with the simplicity that becomes a christian speak to you ex animo , i shall again give you the iudgment of parliament in the case , and to that end shall first direct you to the statute of o. h. . c. . that begins , in most humble wise shew and declare to your highness your most faithful , humble and obedient subjects , that where your most royal majesty is and hath always justly been by the word of god , supreme head in the earth of the church of england , and hath full power and authority to correct , punish , and repress all manner of heresies , errors , uices , &c. and to exercise all other manner of iurisdictions commonly call'd ecclesiastical iurisdiction , nevertheless the bishop of rome and his adherents minding utterly as much as in him lay to abolish , obscure , and delete such power given by god to the princes of the earth , whereby they might gather , and get to themselves the government and rule of the world , have in their councils and synods provincial made divers ordinances and constitutions that no lay or married man should or might exercise any iurisdiction ecclesiastical , nor should be any iudge or register in any court commonly call'd ecclesiastical court , &c. as by the said councils and constitutions provincial appeareth , which standing and remaining in their effect not abolish'd by your grace's laws , did sound to appear to make greatly for the said usurp'd power of the bishop of rome , and to be directly repugnant to your majesty as supreme head of the church , and prerogative royal , your grace being a lay-man , and albeit the said decrees , ordinances and constitutions by a statute made in the th year of your reign be utterly abolish'd , &c. but forasmuch as your majesty is the only and undoubted supreme head of the church of england , and also of ireland , to whom by holy scripture all authority and power is wholly given to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever . and to all such persons as your maiesty shall appoint thereuned , that in consideration thereof , as well for the instruction of ignorant persons , &c. and setting forth of your prerogative royal and supremacy : it may therefore please your highness , that it may be ordain'd and enacted , that all and singular persons as well lay as those that be now married or hereafter shall be married , &c. which shall be made , ordain'd , constituted and deputed to be any chancellor , uicar general , &c. scribe or register by your majesty , or any of your heirs and successors , or by any archbishop , bishop , &c. may lawfully execute and execute all manner of iurisdiction commonly call'd ecclesiastical , &c. here you see the enacting clause founded on the previous solemn acknowledgment of the king's supremacy , and on his having the power given him , not by parliaments or people , but by scripture , to appoint such to be ecclesiastical judges who were by custom and by the laws of councils and provincial synods formerly equivalent to acts of parliament , incapacitated so to be . and from whence it is consequently apparent that no positive humane laws whatsoever inflictive of penal incapacity could against the right inherent in him by the positive law of god , oblige him not to dispense with the others by his supreme power when he found it necessary so to do . for 't is on all hands confessedly true , that parliaments can no more then the bishop of rome delete such power as is given by god to the princes of the earth . a. but because a parliament declared that such a supreme power is given by the scripture to princes , you know it doth not follow that it is so . and moreover you know that was a popish parliament that so declared it . b. but i likewise know that as 't is in my lord chief iustice vaughan ' s reports in hill and good ' s case , that if a marriage be declared by act of parliament to be against gods law , we must admit it to be so , for by a law , that is , an act of parliament it is so declared ; so that act of parliament having declared it , that by holy scripture all authority and power is wholly given to the king , and to all such persons as he shall appoint to hear and determine , &c. tho such persons were by a lawful canon incapacitated so to do ( a canon that that iudge in the words immediately following the other makes to be the law of the kingdom as well as an act of parliament ) we must admit such power and authority inherent in the king's supremacy by the word of god , thus to supersede incapacity . and whether the incapacitating canons were lawful ones or no , it is not tanti to enquire , since as we know a power inherent in kings by the word of god , cannot be either by lawful canon or act of parliament taken away : and much more ought such power to be construed and admitted as inherent in him by the scripture , while the act of parliament continues in being . but i shall yet bring the acknowledgment of your prince's supremacy in this point as thus founded on scripture , clos●…r to your conscience by letting you see that you have not only the judgment of a popish parliament in the case , but of that very statute of queen elizabeth that enjoyns your oath of supremacy ; for it revives that statute o●… harry the th and all and every branches and articles in it , as you will find it in your statute-book . a. you have mention'd one thing in that statute of harry the th that doth a little startle me : and that is that he and the three estates apply'd there the design of keeping up those canons of councils and provincial constitutions that incapacitated laymen , as level'd at the exclusion of the king himself , not only from his prerogative , but from being in a capacity to exercise ecclesiastical jurisdiction as supreme head of the church , as i find by those remarkable words , your grace being a lay-man . b. you do well to take notice of that , and are therefore not to wonder at it if you should hear your prince who was a dissenter to the church of england , and others concern'd for him , to have apprehensions of what prejudice might be meant him by some subtle projectors of laws , to incapacitate all papists and presbyterians from acting in any office in church or state , however many loyal persons might be far from intending such prejudice thereby : his grace being a papist , or presbyterian . a. i must confess that if the kings power of commanding the services of all his subjects be inherent in him by the word of god , and as such declared by parliament , any mens endeavours to take away that power , may well be imputed to great incogitancy . b. you say right : and i was hence induced to wonder , that after the act and acknowledgment of his majesty's prerogative in the choice of his officers of state-councellors and iudges had thus passed in the first parliament of scotland in the late king's reign , viz. the estates of parliament considering the great obligations that lie upon them from the law of god , the law of nations , the municipal laws of the land , and their oathes of allegiance to maintain and defend the soveraign power and authority of the king's majesty , and the sad consequences that do accompany an encrochment upon or diminution thereof , do therefore from their sense of humble duty declare , that it is an inherent privilege of the crown , and an undoubted part of the royal prerogative of the kings of this kingdom to have the sole choice and appointment of the officers of states and privy councellors , and nomination of the lords of session as in former times , and that the king 's sacred majesty , and his heirs and successors , are by virtue of that royal power which they hold from god almighty over this kingdom , to have the full exercise of that right , &c. any men could by a following act of parliament there be incapacitated to serve their prince in those stations . i shall here tell you , that the incapacitating a few papists or quakers presbyterians or anabaptists to serve their prince may to some seem materia l●…vis , and that the king and his realm cannot suffer much by the disabling a small party of men from publick employments . but it is otherwise . and let any one who hath observ'd but two or three of the late great transactions of the age here , as for instance , the late king's restoration , the throwing out of the exclusion-bill , the turning of the current of faction in our metropolis , and consider how much in each depended on the talents of one man , he will not wonder at him who shall affirm that the incapacitating of but one man may be very fatal to the common-weal . i suppose you cannot have forgot the verse you repeated to me out of the famed poem of absolon and achitophel , viz. so much the weight of one brave man can do . and providence made use of his weight for the publick good by the figure he made in his prince's councils notwithstanding the address of the commons to have him thence removed : as likewise of the weight of another of those noble persons heroical loyalty in the administration of the government , notwithstanding an address from the commons to his prince to remove him from it . i doubt not but you have read it in cromerus his history of poland l. th . that the king of poland being dead , the kingdom was offer'd to lescus a nephew of casimire's , on condition he would banish govoritius : and that lescus refused the crown rather then he would banish so faithful a councellor . and you cannot be ignorant of the weight of one man in the nicene councel , i mean pophnutiu●… , who by citing those words of the author of the epistle to the hebrews , marriage is honourable in all , &c. turn'd the stream of the whole councel when they were going to give a decree against the marriage of priests . you know of how much weight one man would have proved in that place in scripture , ezek. . . and i sought for a man among them that should make up the hedg and stand in the gap , &c. and that the wise man hath told us , that it was by the wisdom of one poor man , that a city was deliver'd . you cannot but have observ'd , that almost all the great and noble inventions in nature , owe their births to a single person ; and that particularly one poor man by his wisdom discover'd the american world. i need not mind you of the introduction of laws by one man in several of the old graecian polities ; and of the great ocean of the civil-law yet encompassing the world , having so narrow a spring-head , as the head of a single person 's introducing the laws at athens . you have read of the unus homo nobis cuncta●…do , &c. and of the tantum potuit unius viri fortuna & virtus . you know how queen elizabeth express'd her value of the weight of one man , i mean our great navigator sir francis drake , by her refusing to commissionate competent judges to try him for putting to death dourishius in america , and after an appeal brought about it by the next of kinn to him : and how afterward king iames the first shew'd his value of the talents and usefulness of sir walter raleigh , by employing him in his service , with power of the life and death of others , whilst he lay under the highest disability , by being attainted of high-treason . it would be somewhat like pedantry to digress too far into such a common place ; and wherein almost infinite instances will be tumultuarily crowding into any mans thoughts . but i shall here further tell you , that from the notion of ludit in humanis , &c. and of him who sitteth in the heavens having some disablers in derisien who imagined a vain thing , and from heavens often choosing to make that stone that the builders rejected and disabled , the head of the corner : and from the severe threatning in st. matthew against him who shall offend one of these little ones who believe in christ , and from the caution there of despising not one of these little ones , you may occasionally call to mind your moral offices of honouring all men , and of adoring the divine providence , when it makes such persons its instruments in the preserving of nations , who by any systemes of politics or laws were disabled from being such . a. i thank you for the occasion you have given me to meditate about this , and do think that man having the style of vain apply'd to him in iob. c. . v. . vain man would be wise , tho man be born like a wild asses colt , and there made a politic-would-be , and not only resembled to a brute , but made to be born like one , and of brutes like to the ass , and of asses to the wild one , and even of such to the wild asses colt , and being thus under an incurable complication of natural incapacities , ought to be very careful how he goes about , by any artificial incapacities , to afflict or reproach any of his race that are born to too many , and much more to limit the wisdom of providence in the choice of its instruments , and to take the work of the cicuration of the untamed world out of god's hand . and here i shall afford you some amends for the pleasant historical hints i just now had from you , by observing to you in short what partly makes for your purpose ; that tho as palaeotus in his learned t●…actate de nothis spuriisque filiis hath mention'd , such were tam mosaicâ quam pontificiâ ac civili lege omnino detestabiles , and as infamous disabled particularly by the canon law from ecclesiastical dignities , yet to shew how these out-casts of the law were by heaven rendered instrumental in the government of the world , he there saith , notantque hi qui historias ab origine mundi sunt exorsi , artes ownes & scientias ab hujvsmodi sobole , à filiis scilicet lamech fuisse inventas , & ab eis subtiliora omnia & utiliora excogitata : and he concludes his book by instancing in the names of many europaean kings and princes and roman emperors , and particularly of constantine the great , and likewise of popes of rome , who were of the base-born class of mankind . both god almighty and our princes , can make vessels of honour of what clay they please , and place them where they will. b. you find it declared in the statute of the th . of h. . c. . that it appertaineth to the king's prerogative royal to give such honour , reputation and placing to his councellors , and other his subjects , as shall be seeming to his most excellent wisdom ; and so when king iames gave sir walter raleigh tho dead in law , and labouring under the highest disability beforemention'd , the power and honour of commanding the lives of others , he did but what appertain'd to his prerogative . and thus when king harry the th by his prerogative , like the sun both raising and gilding a poor vapour , made cromwel who was the son of a black-smith lord privy-seal , and likewise enabled him , tho a lay-man , to to be his vice-gerent for ecclesiastical causes , and however incapacitated by some positive humane laws to make that figure , he did but uti iure suo . and i shall tell you as to the subject of the weight of one man , or the consequences of disabling one man , that we were upon ; if you consider how much the excesses of the papal usurpations , and the over-ballance of the monastic revenue in the nation , were removed by the parts and endowments of cromwel the vice-gerent in matters ecclesiastical , you may easily imagine that if the measures of the canon-law and canonists and the long receiv'd customs or any humane law had then prevail'd for the disabling of cromwel cum effectu from bearing office or intermedling in ecclesiastical jurisdiction as the kings vice-gerent , what a church of england we should have at this time enjoy'd . you may well imagine how much the disabling of lay-men from intermedling in ecclesiastical iurisdiction had passed for a general custom here , when bishop downham in the defence of his consecration sermon p. . saith that as for lay-chancellors or commissaries , the bishops in the times of s. austin and s. ambrose had none : and that not so much as the steward of a church might be a lay-man : and when the puritan writers did still upbraid our discipline on the account of the incapacity of lay-men to be bishops chancellors , as adjudged by the ancient canons ; and with the canon of indecorum est laicum esse vicarium episcopi , &c. and by which canon the bishop who made a lay-man his vicar , was declared to be contemptor canonum . but it was the regal power of dispensing with the canons and customs that disabled lay-men from intermedling in ecclesiastical jurisdiction , that laid the foundation of the reformation in harry the th's time , as it was the same power of dispensing with the canons and customs that disabled clergy-men from intermedling in saecular employments , that perfected the superstructure of it in the reign of edward the th that young iosias , as was before mention'd . fuller tells us in his church-history that harry the th's making a lay-man his vicar-general was the greatest instance of his ecclesiastical power that ever was given . and my lord herbert in his harry the th doth seem to reflect on cromwel's not being thought capable of that office : for his words on his being made the king's vicegerent are , it was thought strange by the people , because there was no example of any kings of israel the lawfully in their own persons enjoying the mixt power of the temporal and spiritual , or of the pope's , having deputed ecclesiastical power to a lay-man . but as to his saying that there was no example of the pope's deputing ecclesiastical power to lay-men , i shall observe that his lordship had not consider'd that according to the glosse in c. bene quidem distin. . laicus potest excommunicare ex papae delegatione : and that tho a bishop cannot by the canon-law delegate his power to a lay-man , for that a bishop is not above the ius commune positivum of the pope , yet the canonists hold that the pope by the plenitude of his power may dispense with his own laws , and by so doing delegate the power of excommunicating to abbesses , altho jure communi , as not having the power of the keys , they are disabled from so doing : and that pope urban the second , constituted a lay-man , roger earl of sicily and his heirs , his legates a latere in that kingdom by way of inheritance for ever : and that our henry the second writing to the pope to recall be●…ket's legatine power , and to confer it on the archbishop of york , the pope refused so to do , but offer'd the legatine power to the king himself , and sent letters to the king for that purpose : but which the king in scorn threw away . the legatine powers are de jure communi , as the canonists tell us , very great ; and allow the legates to visit or cause to be visited by such as they shall think fit , all churches , monasteries , colleges , universities , hospitals , and do authorize them to make new statutes and orders , and not only to receive appeals from ordinary judges and delegates , but to judge and decide all ecclesiastical , civil and criminal causes , and that summarily and sine formâ & figurâ iudicii ; to make prisoners of bishops , and send them in custody to the pope , to bestow benefices that were vacant , to unite churches , to interpret the mandates of the pope : and if the pope hath entrusted any thing to be done by them , yet to entrust the doing thereof to others , to execute all their jurisdiction in places exempt as well as not exempt , and to dispense in all cases wherein they are not prohibited , and to exercise the iurisdiction of granting indulgences , and to dispense with pluralists , and with the incapacity of sons immediately succeeding their fathers in church-livings , and to give absolution to the excommunicate in many cases reserv'd to the apostolick see , and likewise in many causes inflictive of excommunication ipso jure , and in many cases to restore such as are deposed and degraded , and to rehabilitate them even by restoring them to fame . all these branches of authority , with many others not named here , were it seems offer'd by the pope to our king : but which he holding as vicegerent to the king of kings , and by his word , might well refuse their tenure from the servus servorum , and by his bulls . all our roman-catholick princes having made an inroad on the papal incapacitating canons by way of dispensation , when they made their lay-judges super-intendents over their bishops , and who were by lay-men required to absolve such who were disabled by excommunication , and to receive their bounds and measures in ecclesiastical proceedings by writs of prohibition , and consultation , and attachment issued out by lay-men ; the exercise of the regal power in ecclesiasticks distributed and dispers'd among so many lay hands , did not seem so powerful nor invidious as when the united beams of ecclesiastical vice-gerence met in the ministry of one lay person , and dazled the eyes of the whole kingdom , and when ( according to the power that was o. h. . declared by the parliament to be given to the king by holy scripture ) he made cromwel his vice-gerent for the ecclesiastical jurisdiction . but as that statute intimating that the councils and constitutions provincial that ordain'd , that no lay-man should exercise or occupy any iurisdiction ecclesiastical , did stand and remain in their effect not abolish'd by his grace's laws , and did sound to appear to make greatly for the usurped power of the bishop of rome , and to he directly repugnant to his majesty as supreme head of the church , and pretogative royal , his grace being a lay-man , altho such decrees , ordinances , and constitutions were by the statute made in the th year of his reign , intended to be utterly abolish'd , frustrate , &c. but yet that the contrary thereunto , being not used by archbishops , bishops , &c. i. e. that they had not all that while or since that statute of the th of his reign committed the exercise of ecclesiastical jurisdiction to lay-men ; did or might give occasion to some evil-dispos'd persons to think and little regard the proceedings and censures ecclesiastical made by his highnesse and his uice-gerent , officials , commissaries , iudges , and uisitors being also lay and married men to be of little or none effect , whereby the people gathereth heart and presumption to do evil , and not to have such reverence to your most godly injunctions and proceedings , as becometh them ▪ &c. so i leave it to you to consider how the disabling of any subjects by reason of religionary heterodoxy to serve their prince , did or might give occasion to some evil-disposed persons to attempt the disabling of their prince on the same account , as i b●…fore hinted it to you : and as the popular incogitancy of the power given by god extending to all such persons as should be employ●…d under the king , producing the irreverence of their surmises of the incapacity of the officials and visitors employ'd by the vicegerent ( and consequently of the incapacity of the vicegerent himself ) did naturally terminate in their gathering heart and presumption to do evil , and to surmise the king 's being disabled to exercise all manner of ecclesiastical jurisdiction : and to do that which was directly repugnant to his majesty as supreme head of the church , and to his prerogative royal , his grace being a lay-man , how you ought still to preserve a tenderness in your thoughts for that prerogative royal given him by god's word of commanding the services of all his subjects by what laws or constitutions soever de facto incapacitated . and by the gradual proceedings i have now mention'd , you ought with horror to think of the incapacitating any one subject to serve his prince , as of the first step from a precipice . a. you have provided variety of entertainment for my consideration , and have my thanks for it . but suppose i should be so curious and inquisitive as to ask where in god's word that power is given to princes to employ such persons as they shall think fit in their service , according to the purport of that statute ? b. you may likewise suppose that you would then find my genius so inquisitive as to ask you where you have been at church of late years . for you could then go to no church in england , scotland , or ireland without hearing st. paul's omnis anima spoken of , let every soul be subject to the higher powers , whether he be apostle , or evangelist , prophet , priest , clergy or layety , whether he be of the people diffusive or representative , and the like . and as the well-drawn effigies of a man seems to look on every one in the room , so hath the picture of the regal power drawn by the divines of the church of england , appear'd to cast its eye on every one , and been made as it were vocal , and saying to every one , for he is the minister of god to thee for good . and the good old book call'd god and the king that you have read over and over , hath told you , that the bond of the king's subjects obedience to his majesty is inviolable , and cannot be dissolv'd . and indeed the thing being so plain by the law of nature , which being written in man's heart is the very same ( so far forth as it is yet undefaced ) with the law of god reveal'd in the word , it is not tanti to raise moot-points about this , relating to scripture . i doubt not but you remember it in my lord herbert's harry the th , that there being a rebellion of many of the commonalty , a. . and the rebels sending the king their grievances , and one whereof was , that his grace had ill councellors , and of mean birth ( among which cromwel was not forgotten ) and the king sending an answer penn'd by himself as to their grievances , he did therein upbraid them for medling in the choice of his counsellors , and command their acquiescence therein on the grounds of nature and of his being their natural liege-lord . a. well sir : let it for the present pass as a datum or concessum , as you will have it , that the obedience of subjects , in serving their prince is founded on the grounds both of nature and scripture . and i shall moreover allow it to you , that if you had an enthusiast to deal with , and such who as you said do outrage the th of the romans out of the apocalypse , you might out of brightman's revelation of the apocalypse , shew him out of that part of holy scripture sufficient authority for the king 's particularly making cromwel his vicegerent . for he there on the th chapter , and the th , and following verses , saith , this angel is thomas cromwel who lived in the days of harry the th , that most mighty king , and was a man of great renown and place in our kingdoms , being the earl of essex , and lord keeper of the privy seal , who came out of the temple , and being a sincere favourer of pure religion . he had a sickle in his hand , being made the king's deputy in all ecclesiastical matters : and it was a sharp one , as with which he sets stoutly and deliberately to his work , and yet he had no crown or diadem to grace his head withal , being a minister rather to put another man's power in ure , then any that wrought by his own power and authority . and he on verse the th makes the other angel to be a martyr : viz. tho. cranmer , and refers the meaning of the words , he cryed with a great voice to him that had the sickle , to cranmer , because ( saith he ) in the days of harry the th , he inflamed the mind of tho. cromwel , by his words , with a desire to make a vintage . b. i thank you for diverting me with that passage of brightman : but i can refer you to another writer of our church , whose authority will go further with us then brightman's , and who hath recorded it , that the great figure that cromwel made both in the church and state , and his and cranmer's acting together in concert , and by joynt councels both in church and at the helm of state , was so highly fortunate to the reformation . you may find this observed by archbishop parker in his de antiquitate ecclesi●… britannicoe , p. . where he saith , namque profligato papa , & susceptâ ecclesioe anglicanoe defensione , curâ & tutelâ , rex excelsi●…ing ●…ii , & multarum rerum usu peritum , thomam cromwellum vicarium suum in spiritualibus generalem designavit . hic cum thoma cranmero archiepiscopo tanquam in puppi sedit . clavumque ecclesioe anglicanoe tenuit , proramque à papali littore avertit , & in christianum portum reduxit . a. was , vicar-general to the king in spirituals , cromwel's style for his office , as the archbishop there termed it . b. i am apt to think it was not . i never saw any copy of his patent or commission for it . the acts of parliament in h. the ●…h's time style him , the king's vicegerent , &c. and the statute of o. h. . beforemention'd that speaks of bishops vicars-general useth only the style of vicegerent for cromwel's office. and i have observ'd in his injunctions to the clergy , that he styles himself lord privy seal , uice-gerent to king henry the th , for all his iurisdiction ecclesiastical within this realm , &c. but the word vicar being perhaps by the envy of the monks put on him and his office in common discourse ( the word vicar in the proper signification of it , signifying a servant to a servant , according to that in martial , esse sat est servum , jam nolo vicarius esse ) the archbishop speaking cum vulgo might then call him the king 's vicar-general , and so others since . i should before have mention'd what he saith , p. . speaking of cromwel , inter hunc & cranmerum summam necessitudinem evangelium conciliavit , ut dum ille experientiâ , hic doctrinâ c●…nctos ante●…elleret , tum utrique regi intimi & chari essent . ex horum consilio , & impiis atque odiosis papoe & wolsoei cardinalis actis summum supplicium , & exitium romanoe curioe divinitùs paratum est . a. you have enough minded me of the king 's dispensing with the disabiity incurr'd by the canons both in the c se of cromwel a lay-man intermedling in ecclesiastical matters , and of c●…anmer a clergyman intermedling in secular , proving so necessary to the reformation , and accordingly as queen elizabeth's dispensing with disability proved so to the establishment of the present hierarchy of the church of england . and i shall most seriously consider what the act of the th of h. the th , hath in such plain and liquid terms declared of the power given to the king by scripture , and to all such persons as he shall appoint , to exercise ecclesiastical iurisdiction , however incapacitated so to do by lawful canons and constitutions , and which were by that eminent iustitiary you mention'd held equivalent to acts of parliament : and shall grant that i●… never so many acts of parliament had attempted to deprive the king of a power inherent in him by scripture , such attempt would be nugatory , and the fremuerunt gentes against it , would be but the peoples imagining a vain thing . and i shall consider it how far by clear and necessary consequences , and no wire-drawn ones , it follows from what is declared by this act of parliament , as to the king 's being authorized by scripture to choose some sorts of officers to serve the crown in church and state , that he is so authorized to choose others ; in like manner as you mention'd it to me declared by the scotch act of parliament , that the king by virtue of the royal power he holds from god all-mighty is to have the sole choice and appointment of the officers of the state , &c. but ( i pray ) do not many other acts of parliament in harry the ths time , whereby the royal prerogative is so much advanced , and particularly that of the th of harry the th , that sets up the dispensative power , seem to make it depend on statute-law ? and may it not seem to be more than a flaw in the diamond of prerogative , and a great depretiating of it in cutting it out ( as it were ) into four , by making its establishment depend on the king and three estates ? b. i shall therefore here once for all tell you , that the occasion of so many mens mistake in thinking so many of those acts of parliament in harry the th's time prejudicial to prerogative , as seeming to found it on statute-law , is their not considering that such statutes were but declaratory of old laws , and not introductive of new ones . my lord primate bramhal in his schism guarded , p. . saith , i profess clearly i do not see what advantage henry the th could make of his own laws , which he might not have made of the ancient laws , except only a gawdy title of head of the english church which survived him not long , and the tenths and first-fruits of the clergy , &c. but you may as fully take notice how harry the th throughout his great declarative laws so often declares in effect his regal power to be given him by god. my lord coke in his caudry's case , instanceth in the famous statute of o h. . c. . and calls it declaratory of the ancient law , and you see how it is declared there , that the king is by the goodness of god furnish'd with prerogative , &c. and the statute of o h. . begins as i shew'd you with the three estates , declaring , that the king's majesty is and hath always justly been supreme head in the earth of the church of england by the word of god. you know too how the style runs in another of his acts of parliament , viz. the bishop of rome and see apostolick , contrary to the great and inviolable grants of iurisdictions by god immediately to emperors , kings , and princes , &c. and thus tho there are various statutes in his reign , and particularly that of the th year of his reign , c. . by which it was enacted , that the king's highness shall have power and authority to nominate and assign at his pleasure two and thirty persons , whereof sixteen to be of the clergy , and sixteen of the temporalty of the upper and nether house of the parliament to view , search , and examine the canous , constitutions and ordinances provincial , and that such of them as the king's highness and the said two and thirty or the major part of them shall deém and adjudge worthy to be continued , kept and obey'd , shall bē from henceforth kept obey'd and executed within this realm , so that the kings most royal assent under his great seal be first had to the same , &c. and tho according to the ancient usage of the realm as well as to those canons lay-men were not only incapacitated to make ecclesiastical constitutions and canons , but kings , bishops , or noblemen who believed that the decrees of the bishops of rome may be violated or shall suffer them so to be , are in the canon law anathematized , yet as this enacting clause was made on the clergy's petition to the king ( as the preamble of the act mentions ) that those constitutions and canons may be committed to the examination and iudgment of his highness , and of two and thirty persons of the king's subjects , whereof sixteen were to be of the upper and nether house of the parliament , of the temporalty ; and all the said two and thirty persons to be chosen and appointed by the king's majesty , &c. and be empower'd to do what i mention'd out of the enacting clause ( and whereby the king alone was in effect both according to the clergy's petition , and the enacting clause vested with the jus vitoe & necis of the canons ) so in a memorable epistle of harry the th . printed before the reformatio legum ecclesiasticarum , and intended as a draught for a publication or promulgation of the king 's new ecclesiastical laws , after the draught of them had been by those clergymen and laymen prepared for his royal consideration , and been by him establish'd , he there declares his power of so doing to be pursuant to his supreme headship of the church of england recogniz'd , quemadmodum divini atque humani juris tatio postulat , and mentions , the power granted to him and his ancestors ipso jure divino , as recognized , and applies to himself the words sapientioe , cap. . audite reges & intelligite quoniam data est a domino potestas vobis , &c. and founding his power of making ecclesiastical laws on that jus divinum , he saith , en vobis authoritate nostra editas leges damus , &c. and here i shall tell you that as my lord coke in cawdry's case calls the act of the th of h. . beforemention'd , an act declaratory of the ancient law ; so he likewise doth the act of the th of his reign , c. . that so much props up the dispensative power . and i assure you that they look but at a few things in general , and in that statute in particular , who think that the dispensative power inherent in the king lost any ground thereby : and he who takes the statute altogether , will find that that power if it seem'd in any words to go back from it self , was but by such retreat to leap the further forward . for if you will take a glancing view of the intent of that statute to that end , you will see that instead of that law making it self to be the fountain of the dispensative power , it makes the dispensative power to be the very fountain of a great part of the common law it self : for its style gives you the figure of our laws , as either devised , made and obtain'd within this realm for the wealth of the same , or such as by sufferance of your grace and your progenitors ( which is a dispensation by way of permission or connivence ) the people of this your realm have taken at their free liberty by their own consent to be used among them , and have bound themselves by long use and custom to the observance of the same , &c. and the king in his legislative capacity having with the consent of the three estates superseded the pope's dispensative power that had so long usurp'd on the king's laws , and having provided that the money that should be paid as fees for dispensations should be rais'd and moderated by their consent , obtain'd from them a clause in the act containing so great a deference to the dispensative power of the crown , as that after the act had authorized the archbishop of canterbury and his successors to grant such dispensations , licences and faculties as were accustomed to be had from the see of rome , and not grant any others till the king , his heirs and successors , or their councel were first advertised thereof , and determined whether they should pass : it provided that if it were thought and determin'd by the king , his heirs and successors , or their councel , that dispensations , faculties , licences , or other writings in any such case unwont shall pass , that then the said archbishop or his commissary having licence of his majesty , his heirs and successors for the same shall dispense with them accordingly : and in case of his refusing to dispense , that any other two bishops , the king , his heirs and successors should nominate , should be appointed to dispense in such cases . and this act with all the clauses in it , you find reviv'd by the st . of elizabeth , c. . the pope's rehabilitations did customarily extend to lay-men as well as clergy-men , and that particularly in case of heterodoxy in religion , then call'd heresy , which both by ancient usage and acts of parliament loaded men with various incapacities . and his relaxing the incapacities that relate to clergy-men , any one may see by the taxa cameroe and the fees thereby payable , viz. in the age of those who were to take orders and were defective in some of their members , and in the case of clergy-mens incapacity incurr'd by irregularity . but after this act of the . of h. the th , had shew'd the world the authority the king had to rehabilitate and dispense here in his own country both as to matters customarily dispens'd with at rome , and such as were not so , and how small the fees were for the same , the bringing rehabilitations , and perinde valere's from rome to england , was like carrying coals to new-castle . a. i was not satisfy'd with your extending the king's power of dispensing here as far as the pope's reach'd , and it seems you extend it further . i hope you intend not to bring in here the tax of the apostolical chancery , and which mr. crashaw translating into english in the year . call'd it , the rates of the pope's custom-house , and wherein are contain'd indulgences for sins past , present and to come , and such a kind of pardoning power as in the historical narration of the first fourteen years of king james , appear'd to that king so scandalous in the case of the draught of the earl of somerset's pardon , and in which sir robert cotton having been desired by the earl to find out the largest pardon that former presidents could shew , brought him one that was made by the pope to cardinal wolsey , and by a fac simile after which , the draught of the earls ran for pardoning all manner of felonies and treasons committed and to be committed . b. premising to you that the christian offices do more call on you to mind what sins you dispense with in your self , then what the pope dispenseth with in others , and that this present pope hath spoil'd the trade of raillery about indulgences by spoiling the trade of them , and damning so great a number of them , and that in his vast supplies of money toward the taking of buda , the souls in purgatory contributed nothing , and that sir paul ricaut in the life of this pope , having done right to his vertue , in mentioning his having suppress'd an office of the virgin mary , and a multitude of indulgences , hath further judiciously observ'd , that wisemen at the councel of trent finding that the doctrine of indulgences was not solid , did but slightly touch it ; and tho yet it was the chief matter for which that councel was assembled , nothing was determin'd therein , but only that indulgences be used with such moderation as was approved by the ancient custom of the church , that is , not at all ; i say premising all this , i shall mind you that i have said enough already to let you see that it is only the ancient dispensative iurisdiction of the crown that i direct you to prop up , and more particularly with respect to the case before you . while we are considering the obligation of an oath , it were pity that the thoughts of either of us should be embarras'd with moot-points ; and so without troubling you with a reference to more , f. . where all the power of the pope is not given to the king by the th of h. the th , but is extinct , hallywel ' s case ; or to the quite contrary in more . armiger's case , i shall most consult the ease of your thoughts by directing them to what interpretation my lord coke in cawdrys case gives as to the words of the statute of o eliz. and where he saith , that that act doth not annex any iurisdiction to the crown but what was of right or ought to be by the ancient laws of this realm , parcel of the king's iurisdiction , &c. and which lawfully had been or might be exercised within the realm . the end of which iurisdiction , and of all the proceedings thereupon , that all things might be done in causes ecclesiastical to the pleasure of almighty god , encrease of vertue , and the conservation of the peace and unity of the realm , as by divers places of the act appears . and therefore by this act no pretended iurisdiction exercised within this realm being ungodly , or repugnant to the ancient law of the crown , was or could be restored to the crown according to the ancient right and law of the same . and here i may tell you , that as the pope did often dispense with incapacity incurr'd by his positive laws , and that even in the use of the power of the keys , as by his delegating the power of excommunication to lay-men , and to abbesses as aforesaid ; so our kings d d anciently by their letters patents and charters , grant power to those who were no bishops , ordinaries , or ecclesiastical iudges or officers to inflict ecclesiastical censures of the greater excommunication on offenders , and that for causes not merely spiritual or ecclesiastical with power to certify them into chancery , and thereupon to obtain writs de excommunicato capiendo , as mr. prynne tells us in his animadversions on the fourth part of the institutes , and there cites the president of edward the third , thus empow'ring the chancellor of the university of oxford , tho a lay-man so to do , and so to punish breakers of the peace , offenders against the statutes , privileges and customs of the university , and all forestallers , and regraters , and sellers of corrupt meat and wine , and to excommunicate such who refused to cleanse the streets from filth , and to pave them before their doors , and this ( he saith ) was confirm'd by sundry succeeding statutes of our princes . in what particulars it is by this statute of the . of h. the th . warranted that the king , his heirs and successors may dispense with persons and in causes that the papacy was never accustomed to dispense in , i shall not trouble you or my self to enquire : but shall tell you , that mr. nye in his book call'd two acts of parliament , and wherein are contain'd his observations on the oath of supremacy , doth in p. . cite this statute of . h. . c. . and thereupon say , the king's majesty may dispense with any of those canons or ecclesiastical laws , ( meaning the king 's ecclesiastical laws ) indulge the omission of what is enjoyn'd by them : make void the crime and remove the penalty incurred by breach of them : yea , and give faculty to do and practice otherwise , any synodal establishment , or long usage to the contrary notwithstanding , in what offends not the holy scripture and laws of god. and therefore when our soveraign in the course of his ecclesiastical supremacy , doth only dispense with incapacity , we are sure he goes not to the height of the dispensative power justify'd in him by that statute : nothing having been more customary to the papacy then rehabilitation . it was upon the revival of this statute of harry the th , by that first of queen eliz. c. . that she , according to the papal custom of dispensing with the commutation of penance , did in her articles in the synod began at london , a. d. . establish one de moderandâ solennis poenitentioe commutatione , whereby she orders , that such commutation shall be but seldom and for weighty causes , and when it shall appear to the bishop that that way is the safer to reform the guilty person , and that the commutation-money be employ'd to pious uses . and then follows the title . de moderandis quibusdam indulgentus pro celebratione matrimonii absque trinundinâ denunciatione quam bannos vocant matrimoniales , where you will find she makes faculties and indulgences all one . and as i have shew'd you how she thought it necessary for the safety of her subjects consciences to exercise her dispensative power of interpreting , and of relaxing disabilities occasion'd by the very first statute of her reign , and how soon she put the dispensative power of those kinds in practice , which by that statute were restored and united to her imperial crown , so i may observe to you that shortly after the making of the second statute in her reign , viz. that for uniformity of prayer and administration of sacraments , which punisheth with premunire , sequestration , and deprivation , and excommunication ( which while it is depending is so variously inclusive of disability ) the not using the book of common-prayer as publish'd in english ; she by her letters patents dated the th of april in the second year of her reign , and a. . alloweth the use of latine prayers to the colleges of both universities , and to eaton and winchester colleges , with a particular non-obstante to that statute : a copy of which letters patents may be seen in bishop sparrow's collection of articles , &c. and i have before acquainted you in general , how in her letters patents for the consecrating new bishops , she expresly dispens'd with incapacity . but what may perhaps seem to you as a new indication of her being the better able to dispense with it , is an instance i shall give you of her making incapacity by her supreme ecclesiastical power . the instance of her thus making incapacity , is a thing that mr. nye in his beams of former light reflects on as strange : for he there in p. . referring to queen elizabeth's injunctions , a. . injunct . . viz. it is thought very necessary that no manner of priest or deacon shall hereafter take to his wife any manner of woman without the advice and allowance first had by the bishop of the diocese , and two iustices of the peace next to the place of her abode , &c. and if any shall do otherwise , they shall not be permitted to preach the word , or give sacraments , nor be capable of any ecclesiastical benefice ; saith then , doth this seem strange now ? it seem'd very necessary in the judgment of our governors then ? a. i must acknowledge that you have spoke that which is very much for my satisfaction concerning the dispensative power and the oath thus supporting one another . but i wonder that i have not in any of our celebrated writers of the church of england read that the contents of the assertory and promissory parts of this oath , and our abjuring foreign iurisdictions , powers , superiorities and authorities in the oath , i. e. those of the papacy , were intended in order to the statuminating our prince's dispensative power pursuant to the statutes of . h. th , and o eliz. beforemention'd . b. i can easily direct you to such a writer of our church who hath done the thing to the universal satisfaction of the inquisitive as to this point , and that is the lord primate bramhal in his book of schism guarded . he saith there , in p. , and . as our grievances , so our reformation was only of the abuses of the roman court. their bestowing of prelacies and dignities in england to the prejudice of the right patrons ; their convocating synods in england without the king's leave ; their prohibiting english prelates to make their old feudal oaths to the king , and obliging them to take new oaths of fidelity to the pope ; their imposing and receiving tenths and first fruits , and other arbitrary pensions upon the english clergy ; and lastly , their usurping a legislative iudiciary and dispensative power in the exterior court by political coaction these are all the branches of papal power which we have rejected . this reformation is all the separation that we have made in point of discipline . and for doctrine we have no difference with them about the old essentials of christian religion : and their new essentials which they have patch'd to the creed are but their erroneous , or at the best , probable opinions ; no articles of faith. ; thus then according to these measures , you see how much the hinge of the reformation turns on the usurpation of the papacy in dispensing : for in all these particulars enumerated , the pope dispens'd with the king's laws . and he had before in p. . said , this primacy neither the ancients nor we deny to st. peter , of order , of place , of preheminence . if this first movership would serve his turn , the controversie were at an end for our parts . but this primacy is over-lean ; the court of rome have no gusto to it . they thirst after a visible monarchy on earth , an absolute ecclesiastical soveraignty ; a power to make canons , to abolish canons , to dispense with canons : to impose pensions , to dispose of dignities , to decide controversies by a single authority . this was that which made the breach ; not the innocent primacy of st. peter . and afterward in p. . he saith , but i must contract my discourse to those dispensations that are intended in the laws of henry the th , that is the power to dispense with english laws in the exterior court : let him bind or loose inwardly whom he will : whether his key erre or not , we are not concern'd . secondly , as he is a prince in his own territories , he that hath power to bind , hath power to loose . he that hath power to make laws hath power to dispense with his own laws . laws are made of common events . those benign circumstances that happen rarely , are left to the dispensative grace of the prince . thirdly , as he is a bishop , whatever dispensative power the ancient ecclesiastical canons , or edicts of christian emperors give to the bishop of rome within those territories that were subject to his iurisdiction by humane right , we do not envy him : so he suffer us to enjoy our ancient privileges and immunities freed from his encroachments and usurpations . the chief ground of the ancient ecclesiastical canon was , let the old customs prevail . a possession or prescription of eleven hundred years is a good ward both in law and conscience against an human right , and much more against a new pretence of divine right . for eleven hundred years our kings and bishops enjoy'd the sole dispensative power with all english laws , civil and ecclesiastical . in all which time he is not able to give one instance of a papal dispensation in england , nor any shadow of it when the church was formed . where the bishops of rome had no legislative power , no iudiciary power in the exteriour court , by necessary consequence they could have no dispensative power . he then in p. . mentions the said statute of . h. th . and having referr'd to the proviso , there to shew , that its intent was not to vary from the church of christ in any other things declared by the holy scripture , and the word of god necessary to salvation , he saith then followeth the scope of our reformation ; only to make an ordinance by policies necessary and convenient to repress vice , and for good conservation of the realm in peace , unity and tranquillity from ravine , and spoil , ensuing much the ancient customs of this realm in that behalf : not minding to seek for any relief , succours , or remedies for any worldly things , and humane laws in any cause of necessity , but within this realm at the hands of your highness , your heirs and successors kings of this realm , which have and ought to have an imperial power and authority in the same , and not obliged in worldly causes to any other superior . thus then you see this prelates sense of how much the taking away the pope's dispensative power here , and restoring that power to the crown , was the soul of the reformation , and tota in toto of it . and this act you see revived by the first of elizabeth without garbling it in the least ; and the dispensative power thereby restored to her , her heirs and successors , and a declaration , that no subjects of the realm need for any worldly things and humane laws in any cause of necessity seek for any relief , but within this realm at the hands of our soveraign , as aforesaid . and i shall tell you that the bishop in the next page refers to the statute of the first of eliz. and saith on his view of both statutes , whatsoever power our laws did devest the pope of , they invested the king with it . and of this , the power of rehabilitating any of his lay or clerical subjects is a part , as was beforesaid . a. you have cited somewhat out of this great champion for the king's supremacy , and for the church of england , and reputed to be the most clear vindicator of it from schism our church hath had , which hath created more anxiety in my mind about the assertory part of the oath then any thing hath done . for the words in the oath are , i do utterly testify and declare , &c that no foreign prelate or person hath or ought to have any iurisdiction , power ecclesiastical or spiritual within this realm , and you have brought in the primate granting that the pope hath power here to bind or loose inwardly , and asserting that he hath here a spiritual power . b. you judge right of the bishop's opinion , and which is indeed express'd throughout his whole book . he tells us in p. . that st. cyprian made all the bishopricks in the world to be but one masse , whereof every bishop had an entire part : and he saith in p. , and . that neither king harry the th , nor any of our legislators did ever endeavour to deprive the bishop of rome of the power of the keys , or any part thereof ; either the key of order , or the key of iurisdiction : i mean iurisdiction purely spiritual which hath place only in the inner court of conscience , and over such persons as submit willingly : and in the clearing of which point he refers to the proviso aforesaid in the statute of the th of harry the th , and the th canon of the church of england , as rendring the power by both given to the king to be purely political . but in p. . he refers by way of objection to two statutes of harry the th , the one an act for extinguishing the authority of the bishop of rome , the other an act for establishing the succession , wherein there is an oath , that the bishop of rome ought not to have any iurisdiction or authority in this realm ; then faith it is declared in the th article of our church , that the bishop of rome hath no iurisdiction in the kingdom of england : and in the oath ordain'd by queen elizabeth , that no foreign preiate hath or ought to have any iurisdiction or authority ecclesiastical or spiritual within this realm : and he then by way of answer to which , says that those two ▪ statutes were long ago repeal'd by queen mary , and never afterward restored , &c. and that altho it were supposed that our ancestors ●…ad over-reach'd themselves and the truth in some expressions , yet that concerns not us ▪ at all , so long as we keep our selves exactly to the line and level of apostolical tradition : and saith , that our ancestors meant the very same thing that we do . our only difference is in the use of the words , spiritual authority or iurisdiction , which we understand of iurisdiction purely spiritual which extends ●…o further then the court of conscience . but by spiritual authority or iurisdiction , they did understand ecclesiostical iurisdiction in the exterior court , which in truth is partly spiritual , partly political . and he in p. . takes notice of the apostles dispensative power , cor. . . to whom i forgave any thing for your sakes , forgave i in the person of christ : but all this is only in the interior court of conscience . but the primate having in p. . discours'd of the act ▪ of o eliz. c. . saith , here is no new power created in the crown , but only an ancient iurisdiction restored ; here is no foreign power abolish'd , but only that which is repugnant to the ancient laws of england , and the prerogative royal. in a word , here is no power ascribed to our kings , but merely political and coactive to see that all their subjects do their duties in their several places . coactive power is one of the keys of the kingdom of this world ; it is none of the keys of the kingdom of heaven . this might have been express'd in words less subject to exc●…ption . a. the primate hath shewn an eminent candour of mind in these passages of his you have cited : and if our ancestors had but over-reach'd themselves , and the truth in some expressions , and in any part of a statute but that which forms an oath , it had not much concern'd us , and as long as they had kept exactly to the line and level of plain truth in all the words of the oath : but oaths being stricti juris , and being to be taken in truth and in righteousness , and in the common sense of the words , may i not here to the assertory clause of no foreign prelate or person hath or ought to have any iurisdiction , &c. apply those other words of the primate , this might have been express'd in words less subject to exception ? but according to what he cited out of st. cyprian , it may be said instead of no foreign prelate hath or ought to have any iurisdiction , &c. that every foreign prelate hath it , and not only the bishop of rome as claiming a succession under st. peter , but thousands of other bishops in christendom ; who as the primate saith there , p. . do not at all derive their holy orders from s. peter , or any other roman bishop , either mediately , or immediately ( especially in asia and africa ) but from the other apostles . and suitably to what the primate observ'd out of s. cyprian , by which we see that as there is but one universal church , so there is but episcopatus unus in that church and that undivided , i find it observ'd in sir geffery palmer's reports in the case of evans & kiffin . vers . ascuith . trin. . car. b. r. whitelock . evesque ad powers . le primer est ordinations : and that comes to him by his consecration , and not before . by that he can take the resignation of a church . he can give orders and consecrate churches : and it belongs not to him as he is a bishop of one place or other , mais il est universel sur tout le monde . and therefore the archbishop of spalato when he was here could give orders . the chief iustice agreed with him herein . the second is potestas jurisdictionis which is not universal , but tied to certain places , as to take an oath , to excommunicate and punish offences , and this power he hath by confirmation . the third is administratio rei familiaris , the government of his revenue , and this is gain'd by confirmation . by this you see that the bishop of rome , as every other foreign bishop , may have some spiritual power here , viz. what the reporter mention'd as the first . and therefore i could wish that the th of our articles to which the primate refers for the interpretations of this clause in the oath , had in those words there the bishop of rome hath no iurisdiction in this realm , express'd such a distinction of his iurisdiction as the bishop hath done : and otherwise that common and trite rule of non est distinguendum ubi lex non distinguit , being here applicable , you know what is to be thought of an ambiguous oath ; and that as the sagacious author of the history of the council of trent hath told us , p. , as one particular makes false the contradictory universal , so one ambiguous particular , makes the universal to be ambiguous . moreover tho you will suppose that he might lawfully take the oath in his sense of the pope's jurisdiction , yet all his great learning and reason could not qualifie him to be an authentical interpreter of the oath to me . in some parts of the oath that were obvious to doubt , you have already given me satisfaction , and particularly in making me by vertue of the canons of king iames a participant with the clergy in his authentical interpretation of the th article . and since as suarez in his learned book , de legibus , . c. de interpretatione humanarum legum , saith that there may be an interpretation of law which hath the authority of law , and that qui in eadem potestate succedit , semper potest praedecessotum leges interpretari , i shall account king iames his interpretation as good as queen elizabeth's : and that if he had there declared his mind about the pope's spiritual power in foro interno , being not renounced by this clause in the oath , i should then be content with it . but 't is otherwise : for he there confirms it in effect as 't is in the article . now you know how much simplicity becomes an oath , and how requisite it is that it should be conceiv'd in plain and liquid terms , and taken in the imposer's sense and without mental reservations , and that you should swear therein to no dogmatical assertion ; and as to which mr. nye saith well in his observations on that oath , to swear positively to any dogmatical assertion is not required . it would be a taking the name of god in vain : for if it be a certain and undoubted truth in it self and to others , as are principles of reason and articles of faith , an oath is vain , for it ends no strife . if doubtful and a question whether true or not , tho such an oath puts it out of question that i believe so , yet not that it is a truth . my belief , tho never so much evidenced and confirm'd , doth not make a doubtful matter in it self more credible ; nor is one man's believing an assertion just ground for another man to believe the same . such an oath therefore is in vain , and not a fit medium to end such a controversy . now how far your declaring in your oath that no foreign prela●…e hath nor ought to have any iurisdiction spiritual within this realm , and the interpretation of it pursuant to the th article delivering the plain words , the bishop of rome hath no iurisdiction , &c. may bring you within the verge of swearing what is dogmatical , i leave you to judge : but shall take the liberty to tell you , that when i see some of our laws , and particularly this about our oath girdled with so many interpretations like new tender-sided ships , i shall be apt to take little pleasure in embarquing my conscience in such an oath , and am apt to call to mind the censure which mr. milton's character of the long parliament of . fulminates against his countrymen , and by which he so much disables our understandings as to political government ; and saith , that the sun which we want , ripens wits as well as fruits , and as wine and oyl are imported to us from abroad , so must ripe understanding , &c. b. but however , tho our wine and oyl are imported to us from abroad , our dispensations are not , and we have no occasion to send gold to rome for lead : and i assure you , he who shall consider that the english virtuosi were the last that did receive the yokes of the old imperial and later papal power of rome , and the first that threw them off , will tho we are crasso sub aëre nati , have no cause to vilifie our understandings , but rather to envy their triumphs over infallibility so call'd . and perhaps when i shall have told you of another passage of the bishop , p. . in his schism guarded , you will think the eyes of our ancestors understandings did look out sharp when the two statutes of the th of h. . and o eliz. were made ; and there he saith , suppose any of our reformers have run into any excesses or extremes , either in their expressions , or perhaps in their actions ( it is a difficult thing in great changes to observe a just mean ) it may be out of humane frailty , as lycurgus out of hatred to drunkenness cut down all the vines about sparta , or it may be out of policy , as men use to bend a crooked rod as much the contrary way , or as expert masters of musick do sometimes draw up their scholars a note too high , to bring them to a just tone , what is that to us as long as we practice the mean and maintain the mean , and guide our selves by the certain line and level of apostolical and primitive tradition ? there is no doubt but in the framing of the statute of o eliz. and the oath therein , regard was had to the oath in the th of h. . c. . viz. i having now the veil of darkness of the usurped power , authority and iurisdiction of the see and bishops of rome clearly taken away from mine eyes , do utterly testify and declare in my conscience , that neither the see nor the bishop of rome , nor any foreign potentate hath nor ought to have any iurisdiction , power or authority within this realm , neither by god's law , nor any other just law or means , &c. and that i shall never consent nor agree that the aforesaid see or bishop of rome , or their successors , shall exercise or have any manner of authority , iurisdiction or power within this realm , &c. and this oath remain'd the same all the rest of his reign , and all edward the th's time : and as to which queen elizabeth changed the expression of supreme head : and both harry the th , and she having their eyes on the effect of papal excommunications , and concern'd to have the nullity of them believed by their subjects , might seem according to the primate's expression to bend the crooked rod of the papal iurisdiction overmuch the contrary way in their oaths , that so it might come to that just straitness referr'd to according to the primate's measures of it . but after all i shall tell you , that i think no political respects can justifie the putting doubtful expressions into an oath , or the taking of one with mental reservations of a sense different from the common one of the words , and i do therefore joyn issue with you in the point , that the clause in the oath , that no foreign prelate hath or ought to have any iurisdiction , &c. being the very same in the th article , ( and in the interpretation of which article , king iames his canons have , as you said , made you a sharer with the clergy ) you and all others who take the oath may be thankful for the benefit of that king , having further exercised the dispensative power of his interpreting the whole intent of that oath : and that interpretation of it which hath made the coast of the oath clear to you in this point , you will find agreeing to what he hath in our language publish'd to the world , and dedicated to eternity . for he having in his premonition to all christian monarchs mention'd how he caus'd the house of commons to reform a clause they had put into the oath of allegiance derogatory to the pope's spiritual power , viz. that the pope had no power to excommunicate him , and that he was ready to consent that the bishop of rome should have the first seat , and be patriarch of the west , and be primus episcopus inter omnes episcopos & princeps episcoporum , so it be no otherwise but as peter was , princeps apostolorum , takes occasion in his apology for the oath of allegiance to let the world know his royal judgment of the intent of the oath of supremact ; and there in confutation of the pope's breves , and bellarmine's letter , he saith in p. . that the rendring christian kings within their own dominions , governors of their church as well as of the rest of their people , in being custodes utriusque tabulae , not by making new articles of faith , &c. but by commanding obedience to be given to the word of god , by reforming religion according to his prescribed will , by assisting the spiritual power with the temporal sword , by reforming corruptions , by procuring due obedience to the church , by judging and cutting off all frivolous questions and schisms as constantine did , and finally by making decorum to be observ'd in every thing , and establishing orders to be observ'd in all indifferent things for that purpose , is the only intent of the oath of supremacy : and whereby as he effectually confuted the cardinal , whose letter charged the oath of supremacy as tending to this end , that the authority of the head of the church in england may be transferr'd from the successor of st. peter to the successor of king henry the th , and to oppose the primacy of the apostolick see ; so at the end of his book he shews that his design of publishing the same , was to satisfie all his good and natural subjects , and likewise strangers , about the things therein contain'd ; and whereby the king's mind was publickly notify'd that in the right done to the crown by the oath of suprema●…y as well as of allegiance , there was no wrong intended to st. peter , or his successors . a. i hope you have now put a period to the history of the dispensative power of the crown , that was exercised in-the interpreting of any parts of the oath of supremacy , or the th article thereto relating . you have named to me so many interpretations of the oath , that according to the wisdom of our state , and the lex & consuetudo parliamenti making a bill to be thrice read in each house of parliament , and then receiving the royal assent to be thought like gold seven times purify'd , may shew the interpretation of the law to be so too . but tho i will account any good law to be more precious then gold , yet if like gold it be too far extended by ductile interpretation , it may be drawn to such a thinness as to lose all its weight and estimation , and retain only a poor tincture and colour that will signifie little or nothing . and as pliny in his panegyrick on trajan said , that by reason of the multitudes of sutes upon penal laws in rome , there was danger till trajan's time , ne civitas fundata legibus , legibus everteretur ; so a law whose obligatoriness is founded on interpretations may be endanger'd by the multitudes of them to be destroy'd , and may like the papal laws of new rome by the infinite interpretations of casuists in the forum internum ( which is their tribunal ) be brought to signifie nothing in either forum , and to be only an engine to make perplexities . you have given me here such a genealogy of interpretations , that according to the common story of arise daughter , &c. one may say , arise interpretation , and go to thy interpretation , &c. i shall therefore be glad now you have been so largely communicative of your thoughts to me about the assertory part of the oath , you will deal as frankly with me in acquainting me with what may in the promissory part of the oath be of importance for me to know in order to the better discharge of my duty in the case before me . b. i shall therein be most ready to serve you when we meet next : for the entire consideration of what according to the assertory part of the oath you are obliged to do , will i see , be as great a load as both our patiences will at this time bear ; and therefore according to the saying of must is for the king ; i am to tell you , that let our kings make never so many interpretations one after another of this your oath , you must ( finding them all consistent with one another ) consider them all with all due regar●… 〈◊〉 thank god and them when their consciences being inclined to a tenderness for the doubting of yours , they interpose their dispensative power of that kind . and hereupon i shall tell you that in the year . king charles the first did cause the articles to be reprinted , and with a declaration before the same made by him as supreme governor of the church within his dominions , that those articles contain the true doctrine of the church of england , and that if any difference should arise about the external policy concerning injunctions , canons or other constitutions whatsoever belonging to the church of england , the clergy in their convocation , is to order and settle them , &c. he approving their said ordinances , &c. that the bishops and clergy shall have licence under the broad seal to deliberate of , and do all such things as being made plain by them and assented to him , shall concern the setled continuance of the doctrine and discipline of the church of england , &c. and then having respect to the article wherein the arminians and antiarminians were concern'd , 't is order'd , that no man hereafter shall either print or preach to draw the article aside any way , &c. but the first canon that was afterward ( viz. a. . ) made , was that concerning the regal power , which begins with taking notice that sundry laws , ordinances , and constitutions had been formerly made for the acknowledgment and profession of the most lawful and independent authority of our dread sovereign lord the king over the state ecclesiastical and civil , and then enjoyns them to be all carefully observ'd by all persons whom they concern upon the penalties in the said laws and constitutions express'd , and then decrees , that the clergy shall read the following explanation of the regal power : and where the words , a supreme power is given to this most excellent order ( i. e. of kings ) by god himself in the scriptures , which is , that kings should rule and command in their several dominions all persons of what rank or estate soever , whether ecclesiastical or civil , and that they should restrain and punish with the temporal sword all stubborn and wicked doers , shew they had then the th of the articles in their eye : and some other words , viz. for any person or persons to set up , maintain or avow respectively under any pretence whatsoever , any independent coactive power , either papal , or popular , &c. is to undermine their great royal office , shew they had an eye on that th article , and on your oath , and where they did speak out that sense of the clause , the bishop of rome hath no iurisdiction , &c. and of the words in the oath , that no foreign prelate hath or ought to have any iurisdiction , &c. that is , that the bishop of rome had here no independent coactive iurisdiction , the sense in which all considerate persons who were members of the church of rome in harry the th's time , and of the church of england in edward the th's time , took the old oath of supremacy , and the members of the church of england in queen elizabeth's time and ever since took the new one . as for non-conformists , who think the government of bishops unlawful , this clause , that no foreign bishop hath or ought to have any iurisdiction in the forum internum wanted no relief in their case from the dispensative power of interpretation . nor did those of the church of england who convers'd with the statute-book want the crown 's interpretation of this clause in the oath ; for the scope of the statute of the th of h. the th , that enjoyn'd the old oath of supremacy ( and from whence this clause in the new one had its rise ) was not to break the measures of st. cyprian about the unity of episcopal power , but in effect to repress the usurp'd independent coactive power of the bishop of rome , and which several of the following words in that oath sufficiently evince , and which did bind the swearer to defend and maintain all other acts and statutes made or to be made within this realm for the extirpation and extinguishment of the ururped and pretended authority , power and iurisdiction of the see and bishop of rome , &c. and queen elizabeth finding the oath thus , at her coming to the throne , she like a wise reformer , would not make any breach in the world wider then necessity required ; and probably supposing that mens allegiance having been used to the yoke of several words in that oath that related to the renouncing and farsaking of foreign iurisdiction , would draw more quietly in the same , and that according to the rule of quod necessario subintelligitur non deest , there being no solutio continui imagin'd by any to be design'd in the unity of the episcopal power , when the clause of utterly testifying and declaring , that neither the see nor bishop of rome hath nor ought to have any iurisdiction , power or authority within this realm , &c. was inserted in the old oath , it ought to be judged that nothing derogatory to the order of bishops could be intended in the clause of the new oath by her introduced . and according to the rule of analogum perse positum , &c. jurisdiction being to be taken for coactive jurisdiction , the clause relating to any foreign prelates having here no iurisdiction hath been still meant of none coactive . mr. rogers therefore writing on the articles , hath thus fairly commented on that clause in the th , the pope hath no iurisdiction , &c. his iurisdiction hath been and is justly renounced and banish'd out of england by many kings and parliaments , as by king edward st , d , and th : by king richard the d , harry the th , th , th , and by queen elizabeth , and by our most noble king james . but that the church of england intended no war against the unity of episcopacy by the canons of . ( which yet have the words of popery's being a gross kind of superstition , and of the mass being idolatry , and do ininflict a temporary disability , namely that of excommunication on popish recusants ) may appear by the tenderness there used to the church of rome in sparing to impute the superstition of popery to that whole church by name . and the th canon , having mention'd the convocation's being desirous to declare their sincerity and constancy in the profession of the doctrine and discipline establish'd in the church of england ( i. e. the doctrine of the articles ) and to secure all men against any suspicion of revolt to popery , or any other superstition , and enjoyn'd a new oath against all innovation of doctrine or discipline to be taken by the clergy ( the assertory part whereof hath in it an approbation of the doctrine and discipline or government established in the church of england , as containing all things necessary for salvation , and the promissory part , a promise not to endeavour to bring in any popish doctrine contrary to that which is so establish'd , &c. and not to give consent ever to subject it to the usurpations and superstitions of the see of rome ) mr. bagshaw in his argument in parliament concerning those canons , took occasion to criticise on the not subjecting out church to the usurpation and superstitions of the see of rome , and to call it a negative pregnant ; that is to say ( as his words are ) you may not subject the church of england to the see of rome , but to the church of rome you may . now there is as much difference between the see of rome and the church of rome , as betwixt treason and trespass , and this appears plainly by the statute of . eliz. c. . where it is said , that to be reconciled to the see of rome is treason : but to be reconciled to the church of rome is not treason ; for then every papist would be a traytor , being a member of the church , and therefore reconciled to it . now the see of rome is nothing else but the papacy or supremacy of the pope , whereby by virtue of the canon , unam sanctam , made by pope boniface the th , he challengeth a superiority of iurisdiction and correction over all kings and princes upon earth : and those persons which take the juramentum fidei contain'd in the end of the council of trent , which acknowledgeth this supremacy , are said to be reconciled to this see. the church of rome is nothing else but a number of men within the pope's dominions and elsewhere professing the religion of poperty : and that the clergy had an ill meaning in leaving this clause in the oath thus loose , i have some reason to imagine when i find it in their late books , that they say the church of rome is a true church , and salvation is to be had in it . and if it were tanti after having said so much , to say yet any thing more to prop up the safety of your taking the oath of supremacy with the clause whose sense hath been propp'd up by so many acts of the dispensative power of interpreting , i could tell you that in sir iohn winter's observations on the oath of supremacy , printed a. . he having there consider'd queen elizabeths interpretation in the admonition , and the confirmation of that admonition by her majesty in parliament by the proviso in the statute of o eliz. c. . and the whole drift of the statute o eliz. by which the oath was enacted , and what bishop carleton and the primate bramhal writ of the ancient jurisdiction restored to the crown by that statute , and that on the whole matter the design of the oath was not to invest her with the exercise of the spiritual jurisdiction left by christ to his apostles and their successors , but to leave that entire to them , saith at the end of his book , that it is not the true meaning of the oath explain'd in manner as abovesaid , which makes many of the roman-catholicks refuse to take it , &c. and then makes the explanations not being known to all , and their intricacy , and the constant tendring of the oath for so many years without the aforesaid explanation , likely to give just cause of scandal , and thereupon he wishes that that oath , and the other of allegiance which are required of them under so great penalties , may be clear'd of those doubtful expressions in them which cause their scruples , &c. whereby they may to the entire satisfaction of his majesty and the nation , fully testifie the allegiance and fidelity of faithful subjects and true patriots , and no longer remain as they generally now do distrusted , &c. but there was another book that year publish'd by a roman catholick , of which the title was a seasonable discourse shewing how that the oaths of allegiance and supremacy ( as our laws interpret them ) contain nothing which any good christian ought to boggle at , and where the saying of tertullian is quoted , bonae res neminem scandalizant , ni●… malam mentem , &c. and where having taken notice of the queen's admonition , and the proviso of the statute of o eliz. and the th article , and the iudgments of the bishops , bramhal and carleton , as sir iohn winter had done ( and for the same purpose ) giveth his judgment that the taking of those oaths gives no scandal : and he in p. . averrs , that sir john winter told him many years ago that he had the iudgment of sorbouists , secular priests , and iesuites , that he might take the oath of supremacy , declaring the sense which the law allows . and i shall here by the way take notice that as to the oath of allegiance , f. cressy saith in his epistle apologetical , p. . that few roman catholicks ( if any at all ) would refuse that oath if that unlucky word heretical were blotted out , &c. or if they might change heretical into , contrary to the word of god , which ( he saith ) he verily believes was the sense intended by king james . but now after all this said , i shall tell you that according to what is observ'd by the generality of writers , o●… princes easing their subjects by their dispensative power of interpreting their laws , viz. that they take occasion then to intermix with such interpretation somewhat else that may advance their power ; there were fears and iealousies that some of these foremention'd interpretations , tho lessening the spiritual power of the crown might enlarge its temporal , and particularly such as in the queen's admonition mention'd the duty , allegiance and bond acknowledg'd to be due to harry the eighth , and edward the sixth : and ( as i partly before hinted ) such as in the proviso in the act of the th of the queen , that ratifying the admonition hath in it the additional words of acknowledging in her majesty , her heirs and successors the authority that was challenged and lately used by harry the eighth , and edward the sixth , and such as in the th article explain'd the queen's power by that given by god himself to all godly princes in scripture ( and where notwithstanding the word godly being put in there to gild the pill of the absolute power of the iewish kings , and to make it be the more easily swallow'd , the real meaning was the power given to all the iewish kings : for the right of their power depended not on their godliness ) and such as in the canons of king iames ipso facto excommunicate all that do not give the king the same authority in causes ecclesiastical , not only that the godly kings had among the iews , but what the christian emperors had in the primitive church . and there too notwithstanding the word christian might be for the like reason put in as that of godly was , and to cause the owning of that absolute imperial power , which pursuant to the lex regia was used by the christian emperors as well as their heathen predecessors in punishing heterodoxy ad libitum , the meaning of the canon was not to devest heathen emperors of their right of judging about matters of religion , and as to which grotius in his letter to the states embassador , having said , neither would paul have appeal'd to nero , had he judged that no right of iudging in a case of religion belong'd to him , addeth , wherefore as trajan civilly honest , nero wicked are equal in the right of government , so pious constantine and impious nero , are equal in the right of judging , in aptitude and skill unequal . the canons therefore of forty , enjoyning the explanation or interpretation of the regal power there inserted to be one sunday in every quarter of the year read by the clergy to their flocks , did well provide for the cautioning them as against the setting up any independent coactive power either papal or popular , so against fears and iealousies relating to their properties in their goods and estates : and by that explanation they shew that christ came not to undermine or disturb , but to confirm the civil government of pagan princes , and that in the first times of christ's church , christians were ready to submit their very lives to the very laws and commands of those princes . a. but doth that explanation of the regal power assert any thing in defence of the dispensative part of it ? b. you see how without wyre-drawing any consequences , the very first paragraph of the explanation doth both strengthen the foundation of the assertory part of your oath , we have been so long discussing , and strike out new lights in the fabrick of the oath . you see it tells you downright , that a supreme power is given to the order of kings by god himself in the scriptures , which is that kings should rule and command in their several dominions , all persons of what rank or estate soever , &c. and the explanation doth effectually enough provide by the second paragraph that kings should take care that none in their dominions but the stubborn and evil doers may be restrain'd with the temporal sword : for it saith , the care of god's ▪ church is so committed to kings in the scripture , that they are commended when the church keeps the right way , and taxed when it runs amiss : and therefore her government belongs in chief to kings . for otherwise one man would be commended for another's care , and taxed but for another's negligence , which is not god's way . and this is an argument taken ab absurdo , and the strongest that can be used in law , and not to be set aside but by the alledging something as more absurd against it ; and amounts to this , that it is absurd that kings who are commended , when those who are not stubborn nor evil doers are not under any restraint by the temporal sword ( for the church runs not the right way , when that sword is a terror to any but evil doers ) and tax'd on the contrary being done , should not be judged to be authorized to exempt those from all restraint thereby . and when the people are not liable to blame for kings erring in their judgment about the persons to be so exempted from restraint , nor to be commended or rewarded for their not erring therein ; can any thing be more absurd , then for the independent coactive power of kings it self to be restrain'd to the punishing such as they shall judge innocent ? but the two tenderest things in the world are sovereign power and conscience , and both of them were made with a godly iealousie and tenderness to support one another ; and that tender-conscienced prince who confirm'd this canon , did in it variously dispensare in lege , as i may properly say with allusion to suarez de legibus , where in stead of using the common expression of dispensing with laws he so frequently mentions that of dispensing in them , and thereby doth seem to take off somewhat of the harshness of questions about popes or princes dispensing with laws . for when sovereigns do dispensare in lege , they really distribute their sovereign power throughout the body of their respective laws for their preservation , and as the heart doth dispense or distribute blood in and throughout the body-natural , and the brain animal spirits throughout the genus nervosum all the body over . and here the king having a tender regard to the firm and infirm consciences of his people respectively , and to their various capacities of understanding , and he being as zealous for all their keeping their oaths of supremacy and allegiance , as any prince could be for their taking them , doth in the beginning of the canon , let such as you know ( who have been brought up to study , and who have a tenacious memory , and could remember more interpretations of the oath then i have recounted to you if they had been given by our princes ) that whereas sundry laws , ordinances and constitutions have been formerly made for the acknowledgment and profession of the most lawful and independent authority of our dread sovereign lord the king 's most excellent majesty over the state ecclesiastical and civil , &c he doth enjoyn them all to be carefully observ'd by all such persons whom they concern upon the penalties in the said laws express . here then the acts of parliament before-mention'd , and the oaths , and articles , and canons , and authentick interpretations appear to look you in the face , and the articles particularly do so to the clergy as having subscribed them . but that pious prince as their sovereign pastor , being desirous that his clergy should gently allure the layety with line upon line , and precept upon precept to keep their faith to god , and loyalty to himself , rather then by interpretation upon interpretation of their oaths , would not in this canon have them frighted with the sight of the oaths themselves , and which are there not named : and all archbishops , bishops , and inferior priests are moreover by the canon required to preach , teach , and exhort their people to obey , honour , and serve their king , and that they presume not to speak of his majesty's power any other way then in this canon is exoress'd ; but which canon gives them a very fair licence to speak to their people of and for the king's power of disabling and of rehabilitating his subjects . for it disables the publick ab●…ttors of any position contrary to the explications of the regal power therein , by excommunicating them till they repent , and for the first offence suspends them two years from the profits of their benefices , and for the second deprives them of all their spiritual promotions : and it was in the canon before said , that if any parson , uicar , curate or preacher , shall neglect his duty in publishing the said explications , &c. he shall be suspended by his ordinary , till such time as upon his penitence he shall give sufficient assurance or evidence of his amendment , and in case he be of any exempt iurisdiction , he shall be censureable by his majesty's commissioners for causes ecclesiastical . and the canon makes any offenders against it in the universities , as being exempt jurisdictions , there censureable , or before his majesty's commissioners for ecclesiastical causes ; and so you have the canon likewise by securing the rights of exempt jurisdictions asserting the dispensative power . but if you will take mr. bagshaw's word in his first argument in parliament concerning the canons , he there tells you that that very canon of the convocation containing the explanation of the regal power , did necessarily imply their declared sense of the laws being dispens'd with : for saith he , in making determinations concerning royal power , they have done against law , and have medled with things of which they have no conusance : for the exposition of them belongs to the iudges of the land , and they have no more right to expound them , then the iudges have to expound texts of scripture . and we know that our laws have been so careful of preserving the judges right of interpreting them , that they allow not the bishops and their officials power to interpret any acts of parliament , tho made about matters of their jurisdiction , and matters merely spiritual : as appears out of hobart . . spenloe's case , and coke . inst. where he saith , that an act of parliament made about things merely spiritual shall be construed by the common law 〈◊〉 judges . but how far the disabling by the power of his majesty's commissioners for ecclesiastical causes such who explain'd not the regal power according to that canon might appear as an instance of the prerogative of disabling and of occasional re-ennabling ; mr. bagshaw's second argument in effect exposeth it to consideration , by mentioning that the last letters patents of the high commission were mich. . car. in which are contain'd all things , wherein the commissioners were to meddle , and that therefore the punishing of any there on the account of this new canon made not a year ago , could not be pursuant to those letters patents . his first argument likewise wherein he gives his iudgment , that by law that convocation was dissolv'd by the dissolution of the parliament , may let us see how far they in making any canon depended on the dispensative power of prerogative . but any one who hates faction will find that that author did needlesly inflame the minds of that parliament of forty against those canons and particularly with the foremention'd exception against the first on the account of the explanation of the regal power having not been made by the iudges , and where the exception doth through the sides of the convocation strike at the honour of that king by whom those canons were confirm'd . his majesty in his memorable speech at the prorogation of the parliament on the th of october . occasionally said , i command and all you that are here , to take notice of what i granted you in your petition ( i. e. the petition of right ) but especially you my lords the iudges , for to you only under me belongs the interpretation of the laws : for none of the houses of parliament joynt or separate , have any power either to make or declare a law without my consent . nor will any one wonder at the tenderness of any crown'd heads in preserving their right , as to the interpretation of their laws , who hath consider'd that the usage of the ancient romans in making their civil law to be among the things sacred and ceremonies of their gods preserv'd in the collegium pontificum , and appropriating the interpretation of it to their pontifices , did induce augustus to be inaugurated pontifex maximus , and likewise all the roman emperors from augustus to gratian to assume that title : and that the christian emperors , tho as one saith , à fucris romanorum & hoc pontificis nomine abhorrebant , in suis tamen elogiis & nummis passim se pontifices maximos dici passi sunt , quod ad hodiernum diem r●…dera . romana inspicientibus satis consta●… nor yet will any one find cause to reflect on the memory of that our prince for want of consulting his iudges in the interpretation of his laws in general : nor even of this his ecclesiastical law in particular about the explanation of the regal power . for heylin in his history of archbishop laud , saith , that so tender was his majesty , that before he gave his consent that the canons of . should be tender'd to the clergy , to be subscribed , ●…e caus'd them to be publickly read in councel , and before the iudges there , and by all whom they were approved , &c. and if mr. bagshaw had consider'd what himself had said of the iudges having no right to expound texts of scripture , and how the convocation in that canon did introduce the supreme power given to kings by god himself in the scripture , and explain'd by regal power , kings ruling and commanding in their several dominions all persons of what rank , or estate soever , and that they should restrain and punish with the temporal sword all stubborn and evil doers ; and likewise what was before mention'd in the second paragraph of the explanation , viz. of the care of god's church committed to kings in the scripture , he would have found the interpretation of the regal supremacy as built on the scriptures by that ca●… ( and approved too by the judges of the land ) to have not been exorbitant . the words in the th of the romans , of the higher powers being the ordinance of god , and of bearing not the sword in vain , and of being the minister of god , and a revenger to execute wrath on him that doth evil , and of rendring therefore to all their dues , fear to whom fear , honour to whom honour ; and the words in s. peter of submitting our selves to every ordinance of man for the lord's sake , whether it be to the king as supreme , or unto governors , as unto them that are sent by him for the punishment of evil doers , and for the praise of them that do well , and other passages in scripture , and particularly in the old testament , were in the eye of the convocation in their so explaining the regal power , and you may if you please have them now in your eye , while you are considering the case before you , and see how far you are bound to submit to all governors who shall be employ'd by the king in the executive power of his laws against evil doers , and for the praise of them that do well ; and how you are not to disparage such governors who are so sent for such praise . but it is not to be wonder'd at that the iudges approved of the contents of that explanation of the regal supremacy , and particularly of the power of punishing evil doers as inherent in the crown , since the same hath been declared so by so many acts of parliament , and of which i shall name one to you that i have not yet referr'd to , viz. that of o mariae , c. . sess. . of the second parliament , of which the title is , the regal power is in the queens majesty as fully as it hath been in any her progenitors , and where 't is said that for as much as the imperial crown of this realm with all dignities , honours , prerogatives , iurisdictions and preheminences thereunto annex'd , united and belonging , by the divine providence of almighty god is most lawfully and rightfully descended and come to the queen's highness that now is , &c. and invested in her royal person according to the laws of this realm , and by force and virtue of the same all regal power , dignity , honour , authority , preheminence doth appertain and of right ought to appertain and belong unto her highness as to the sovereign supreme governor and queen of this realm and the dominions thereof in as full large and ample manner as it hath done heretofore to any other her most noble progenitors kings of this realm , ( the ample manner of harry the th's power is not therein excepted ) nevertheless the most ancient statutes of this realm being made by kings then reigning , do not only attribute and refer all prerogative , preheminence , power and iurisdiction royal unto the name of king , but also do give , assign and appoint the correction and punishment of all offenders against the regality and dignity of the crown , and the laws of this realm unto the king , &c. and considering that a popish parliament of queen mary's did give this their august declarative sense of the executive power , of punishing all offenders against the regality and dignity of the crown ( which is the great offence taken at popery ) and the laws of the realm , as belonging to or inherent in our kings by virtue of their being supreme governors of the realm , and that this supreme power was committed to her and her progenitors by the divine providence of almighty god , shall your acknowledgments of such supreme power of your prince be narrower then any of papists ? you know how wary and careful our english princes have always been that their subjects might see them hold the reins of the executive power of the law in their hands , and that none but the stubborn and evil doers need fear the being over-run by it . and while i happen to think of the memorable expression of a loyal lord in a speech in a late parliament of the unreasonableness of any ones suffering merely by the word proditoriè being put into the charge of a thing that was not in its self evil , and as if it were said that such an one did traiterously pass over the thames in a boat : i likewise think of the reasonableness of our laws in providing for the common safety by the prince being allow'd to hold the sail of the executive power in his own hands , and which otherwise if ty'd fast about the boat might cause it upon any sudden gust of wind to be overset . you know therefore how king iames the first in his apology for the oath of allegiance , in answer to the pope's first breve , thought himself obliged in justice for the maintenance of that executive power of the crown to say as to the pope's expressing his sorrow for that persecution which the catholicks sustain for the faiths sake , wherein beside the main untruth whereby i am so injuriously used ( as if he had thought it a personal injury to himself that any one in his realm should be persecuted for religion ) i must ever avow and maintain as the truth is , according to mine own knowledge , that the late queen of famous memory never punish'd any papist for religion . he doth not say , her laws , and ministers , but she never punish'd , &c. he well knew that if papists had been punish'd for their religion in her reign by iudges , and iuries , and sheriffs , that it was she had punish'd them . and accordingly he in his premonition to christian monarchs doth more regio , and with a style of majesty relating to his executive power , thus tell them , viz. and yet so far hath both my heart and government been from any bitterness , as almost never one of those sharp additions to former laws hath ever yet been put in execution . well , sir , in fine i leave it to you to consider on the whole matter how far the contents of that canon , and particularly what is declared therein about the care of god's church being so committed to kings in the scripture , that they are commended when the church keeps the right way , and blamed when it runs amiss , and therefore her government belongs in chief to kings , &c. do shew that kings not only may , but ought out of a regard to their own souls to provide that where the safety of their subjects souls is concern'd , their dispensative power by the interpretation of their laws , and the relaxation of their rigour in particular cases may be exerted . i doubt not but you have observ'd many more cases wherein the royal martyr to prevent imminent peril of soul was put to it to exert such his power . a. i remember not to have read of more . b. no ? if you had read the articles printed in the edition that i have done , with his declaration prefix'd thereunto , you would find that there being a high ferment about the arminian controversie in the church of england , and the arminian and anti-arminian divines ( who both had subscribed the articles ) appropriating the sense of them to both their perswasions , and too many drawing then the sense of them too much aside , and all of them professing themselves bound in conscience by the laws that required their subscription to the articles , and that their subscription to them , was to be taken in the imposers sense , and that as to the article of the king 's being supreme governor of the church of england , it being supposed ( as the words in the declaration are ) some differences might arise concerning the external polity , injunctions , canons , or other constitutions thereto belonging ; his majesty by his declaration again ratifying the articles , and particularly publishing that he was supreme governor of the church of england , did notify his pleasure , that as to any such differences arising as aforesaid , the clergy in their convocation should order and settle them , he approving their ordinances , &c. and to the end they might not trouble themselves or the church by putting their own interpretations on the articles , he requires their taking the articles in the literal and grammatical sense , and notifies that literal sense as restrain'd to the way of the general expressions in the articles , and such as the divines of the several perswasions took as making for them : so that now by his majesty 's thus interpreting that sense , they might warrantably continue so to do . and according to what hath been said of manna , that it was that to every man's taste wherewith it was pleas'd most , mens sense of the articles might be so too , by means of the declared complaisance of his majesty therewith . a. one would then the less wonder at the complaisance of the clergy with that king's power of dispensing in his laws by interpreting or declaring . b. i could tell you of another passage in his reign that will shew you how our bishops made use of that power as their sheat anchor to preserve the hierarchy in the storms it met with : and how then the bishops issuing out the processes of their ecclesiastical courts in their own names , was by the artifice of the faction improved as an occasion of making a very great ferment in church and state , and such a one as nothing but the royal power of interpretation , or of declaring the law , could settle . and therefore archbishop laud in his epistle to the king before his famous star-chamber speech , did in the name of the church of england then think himself obliged to apply to the king in a most pathetical and solemn manner to exert that great power in that conjuncture : viz. i do humbly in the churches name desire of your majesty , that it may be resolv'd by all the reverend iudges of england , and then publish'd by your majesty , that our keeping courts and issuing process in our own names , and the like exceptions formerly taken and now renew'd , are not against the laws of the realm ( as 't is most certain they are not ) that so the church governors may go on cheerfully in their duty , and the peoples minds be quieted by this assurance , that neither the law , nor their liberty as subjects is infringed thereby . the many pamphleteers of the faction who attacqued the hierarchy , ●…eproached them with the non-observance of humane laws , and charged their proceedings with illegality , because by the statute of o e. . c. . that required processes ecclesiastical to be in the king's name , it was declar'd , that the bishops sending out their process in their own names was contrary to the form and order of the summons and process of the common-law used in this realm . and therefore as heylin tells us in the life of archbishop laud , p. . in a. . the king accordingly issued out his proclamation declaring , that the bishops holding their courts , and issuing process in their own names were not against the laws of the realm , and the iudges resolutions were therein notify'd to that purpose . and upon all motions afterward for prohibitions to the ecclesiastical court upon the pretence of their processes not issuing out in the king's name according to that statute of e. the th , the currant law hath still been in westminster-hall for keeping up the sense of his majesty declared in his proclamation as to that point . according to the manner then of praising the bridge we go over ; the church of england having in queen elizabeth's time been preserv'd by the regal power of interpreting express'd in her admonition , and by the like power in the time of king charles the first , and the salus animae having been at stake as to the oath in her time , and as to the avowed principle of the church of england about humane laws binding the conscience in his time ; the use of that dispensative power being like a bridge that kept them from falling into the pit of perdition , deserv'd their praise . that eminent divine mr. iohn ley in his learn'd book call'd defensive doubts and reasons for refusal of the oath imposed by the sixth canon of the late synod , ( i. e. that in the year . ) saith there , p. . and , &c. there are some of our brethren , who ( in good will to themselves and us ) have undertaken to expound the oath so as that they and we without scruple may take it . and we take kindly their good intention , and in good will to them again request them to consider , that a private interpretation of a publick act can give no satisfaction unless it be either expresly or virtually allow'd by the highest authority that doth impose it : and then it is made publick , &c. but the authority of interpretation of any doubt in such a publick act , belongs properly not to private but publick persons , &c. for private men tho learn'd , if they take upon them the interpretation of publick dictates , may be more like to light on mutual contradictions of each other , then on the true and proper construction of the text they interpret . so did vega and soto , soto and catherinus , who wrote against each other contrary comments on the council of trent . in which respect it was a wise advice given to the pope by the bishop of bestice , viz. to appoint a congregation for the expounding of the councel : and well follow'd by him when he forbade all sorts of persons , clerks or laicks ( being private men ) to make any commentaries , glosses , annotations , or any interpretation whatsoever on the decrees of that councel . dr. burgesse indeed made an interpretation of his own subscription , but there had been no validity in it ( as we conceive ) unless it had been allow'd by the superior powers . and so it was : for ( as he saith ) . it was accepted by king james : and the archbishop of canterbury affirm'd it to be the true sense and meaning of the church of england . he refers there to dr. burgesse in his answer to a much applauded pamphlet , praefat. p. . a. your mentioning that of dr. burgesse his interpretation of his subscription minds me of what i have read at the end of his book call'd no sacrilege nor sin to alienate or purchase cathedral lands , viz. in his postscript to dr. pearson , and his no necessity of reformation of the publick doctrine of the church of england , printed a. . where he saith , as touching the regal supremacy , we own and will assert it as far as you do or dare . only we had reason to take notice of the improper expression in the th article that the queen's majesty hath the supreme power . for if the declaration father'd on the late king , and prefix'd to the articles , had so much power with his printer , that he durst not alter the word queen into king even in the year , and those articles must be read verbatim without alteration or explanation , then we say again there is a necessity of reforming that article in the expression of it : and not to talk at random what was indeed the meaning , unless we may have leave when we read it ( regiâ declaratione non-obstante ) to declare the sense which the declaration alloweth us not to do . but the truth is , that exception of the doctor to the articles may well pass for a scruple , or rather a cavil : and at this rate we should be put to it to say , o king interpret for ever . b. you say right . dr. pierson in that judicious book of his , call'd no necessity of reforming the doctrine of the church of england , well observes that the th article hath express reference to the queen's injunctions set forth in the year . and those injunctions take particular care , that no other duty , allegiance , or bond should be required to the queen , then was acknowledged to be due to the most noble kings of famous memory , king henry the th her majesty's father , or king edward the th , her majesty's brother . the words of the article declare that the doctrine contained in it , concerneth all the kings as kings . the title in general is of the civil magistrates , and the words run thus . , where we attribute to the queen's majesty the chief government we give not to our princes , &c. shewing that what they gave to ▪ her , they gave to all the kings of england . which will appear more plainly out of the first latine copy printed in the time of queen eliz. in the year . read and approved by the queen , the words where●…f are these , cum regiae majestati summam gubernationem tribuimus , quibus titulis intelligimus animos quorundam calumniatorum offendi , non damus regibus nostris aut verbi dei aut sacramentorum administrationem , &c. being therefore the article expresly mentioneth and concerneth the kings of england , as they are the kings of england , the mention of the queen's majesty in the article can make the doctrine no more doubtful then it doth our allegiance in that oath which was made o eliz. where the heirs and successors of the queen are to appoint who shall accept the oath , the words of which are that the queen's highness is the only supreme governor of this realm . but i hope the heirs and successors of queen elizabeth did never appoint that oath to be taken in the name of the queen's highness , but in their own . it may be supposed that some such like cavilling or scrupling humour possess'd the fancies of some in the beginning of the reign of king iames the first : and that some occasion was thereby given to that prince in those his canons , expresly therein maintaining the articles , and the subscription thereunto , and particularly in the th canon there to enjoyn a subscription to three articles in such manner and sort as is there appointed , and of which the first is , that the king's majesty under god is the only supreme governor of this realm , and of all other his highness dominions , &c. and that no foreign prince , person , prelate , haue or ought to have any iurisdiction , power , superiority , preheminence , or authority ecclesiastical or spiritual , &c. and in which the words have or ought to have , might possibly be inserted out of a royal complaisance with the desires of some scruplers in whose behalf the famous dr. rainolds moved the king at the hampton-court conference that to the position in the th article , viz. the bishop of rome hath no iurisdiction in this realm of england , might be added nor ought to have : but which motion the king then rejected as a thing superfluous , and saying , habemus quod jure habemus . you may find an account of this two●…old subscription in coke . inst. c. . and where he saith , subscription required by the clergy is twofold : one by force both of an act of parliament confirming and establishing the articles of religion agreed upon at a convocation of the church of england , and ratify'd by queen eliz. ( . eliz. c. . ) another by canens made at a convocation of the church of england , and ratify'd by king james . a. i had thought you told me that the articles owed no confirmation nor authority to that act of the th of eliz. b. i did tell you so : and do think that when my lord coke used the word confirming , he spake cum vulgo , or as the word is taken minus propriè and as it is taken in declarative acts of parliament sometime to mean declared , and as i and others may in discourse sometimes use the word . but ( speaking properly ) to confirm being firmum facere , i. e. what was not so before , you are not to think that the parliament in o eliz. did so . they enacted what was by the queen before authorized , and as the words there are about the articles , viz. put forth by the queen's authority . and you may too for this purpose consult the style of the act o eliz. c. . entituled , an act for retaining the queen's subjects in their due obedience , and where 't is made treason for any to withdraw any subjects from their natural obedience to her majesty , or to withdraw them for that intent from the religion now by her highness authority establish●…d within her dominions . thus too as to the queen's disabling several of the roman-catholick bishops and deans by her ecclesiastical commissioners in the beginning of her reign , pursuant to the act of o eliz. c. . for restoring to the crown the ancient iurisdiction ; the act of parliament o eliz. c. . entituled , every deprivation of any bishop or dean made in the beginning of the queen's reign shall be good : and archbishops , bishops and deans made by the queen shall be adjudged lawful ; begins with acknowledging that the former were justly deprived , and it is therefore declared and enacted by authority of this parliament , that all and every deprivation , &c. and all and every sentence of deprivation , &c. had , pronounced and given , &c. shall be adjudged , deem'd , and taken good and sufficient in law , &c. and as to the latter , viz. that all such archbishops , bishops and deans as were ordain'd or made by the authority or licence of the queen's majesty , &c. shall be taken and adjudged to be lawful , &c. th●…y confirmed not what the queen did in disabling the former , and enabling the latter , but only declared and enacted the validity of what the queen had done . and here you have again the judgment of parliament for approving the queen's power of enabling and disabling . and here too ( by the way ) i am to tell you , that you have another judgment of parliament suitable to that in o eliz. and for the adjudging and taking to be lawful the making and ordaining of the archbishops and bishops by the authority or licence of the queen's majesty , &c. any ambiguity or question in that behalf heretofore made to the contrary notwithstanding , and which question before made in the case , i have before shew'd to be disability . a. but i suppose you have read of that two-fold subscription my lord coke speaks of , represented as a gravamen by some . b. i have so : and the last book i read that so represents it is , the answer to dr. stillingfleet ' s sermon by some non-conformists , &c. printed a. . and where in p. . they thus express their desires , viz. that all new devised oaths , subscriptions and declarations , together with the canonical oath , and the subscription in the canons be suspended for the time to come . if that be too much , we shall consent our selves with a modester motion , that whatsoever these declarations be that are required to be made , subscribed , or sworn , they may be imposed only as to the matter and end , leaving the takers but free to the use of their own expressions . and this expedient we gather from the lord coke , who hath providently ( as it were ) against such a season laid in this observation , the form of the subscription set down in the canons ratify'd by king iames , was not express'd in the act of the th of eliz. . inst. c. . and consequently if the clergy enjoy'd this freedom till then , in reference to the particulars therein contain'd , what binders why they might not have the same restored in reference also to others ? it was the second article enjoyn'd by that canon to be subscribed , viz. that the book of common-prayer , &c. containeth in it nothing contrary to the word of god , and that it may lawfully be used , &c. at which they took so much offence , and to which the act of parliament required not their subscription . a. i perceive then my lord coke doth not reflect on the form of subscription , as enjoyn'd by the th canon of king iames , and by his regal authority out of parliament as illegal , notwithstanding what had been enacted in the th of queen elizabeth . b. he doth not . and he there further faith , by the statute of . eliz. the delinquent is disabled and deprived ipso facto : but the delinquent against the canon of king james is to be proceeded withall by the censures of the church . and i heard wray chief iustice in the king's bench , pasch. . el. report , that where one smith subscribed to the said articles of religion with this addition , so far forth as the same were agreeable to the word o●… god , that it was resolv'd by him and a●…l the iudges of england , that this subscription was not according to the statute of . eliz. because this statute required an absolute subscription , &c. besides this subscription when any clerk is admitted and instituted to any benefice , he is sworn to canonical obedience to his di●…cesan . but as to his saying that the delinquent against this canon is to be proceeded withall by the censures of the church ; i shall observe that the beginning of the canon doth incapacitate any to be receiv'd into the ministry who doth not subscribe the three articles in it , and that the canon doth afterward put some temporary disabilities on bishops who shall ordain , admit or license any one , except he first have subscribed in manner and form there appointed : and it is the universities if offending that the canon leaves to the danger of the law and his majesty's censure . here then you see king iames the first did out of parliament add a new subscription to what was required by the act of parliament , and did likewise out of parliament make incapacity to be the punishment of refusing such new subscription . and i need not tell you that that power so exercised by that prince out of parliament hath been approved not only by all the bishops of the church of england , as putting the form of subscription required by that canon in execution ever since and to this day in lieu of the form required by the th of eliz. but ( as i may say ) virtually and tacitly by all our kings and parliaments ever since , who have acquiesced in the same . but what if i should tell you that the authority of the king in thus making that canon about subscription , hath been since expresly approved in parliament ? a. i should be most ready to hear it . b. you may therefore please to consult the act for uniformity o car. . and in the latter end of it you will see that in a proviso referring to the articles as agreed on by the archbishops , &c. a. . and particularly to the th therein about the book of consecration of archbishops , &c. set forth in the time of edward the th , as containing all things necessary to such consecration and ordering , &c. it is enacted , &c. that all subscriptions hereafter to be had or made to the said articles by any deacon , priest , &c. or other person whatsoever , who by this act or any other law now in force is required to subscribe unto the said articles shall be construed and taken to extend and shall be applyed ( for and touching the said th article ) to the book containing the form and manner of making , ordaining , and consecrating of bishops , priests , &c. in this act mentioned in such sort and manner as the same did heretofore extend to the book set forth in the time of king edward the th mention'd in the said th article , any thing in the said article , or in any statute , act , or canon heretofore had or made to the contrary hereof in any wise notwithstanding . it is clear that the parliament had then their eye on the act of . eliz. and on that canon of king iames , and which you may take as referr'd to by the words , or any other law now in force ( for so they then knew it to be , and as it still is , tho with the interpretation extended by the act to it ) and afterward by the word canon . but one may guess that by the authority of some of the lords the bishops there was before the making of this canon of king iames , and after the act of . eliz. in her reign , some subscription under disabling penalties required of ministers beyond what that statute required , by what the author of certain considerations tending to promote peace mentions , in p. . viz. that in the th year of the reign of queen elizabeth , the house of commons presented to the lords spiritual and temporal a petition containing divers particulars , for the redress whereof they desire , that no oath or subscription might be tender'd to any at their entrance into the ministry , but such as is expresly prescribed by the statutes of the realm , except the oath against corrupt entring , that they may not be troubled for the omission of some rites , or portions prescribed in the book of common prayer : that such as had been suspended for no other offence , but only for not subscribing might be restored . a. it seems those bishops then did as your expression was , dispensare in lege , and were ( as i may say ) non-conformists to it , by going beyond it . for they were obliged sapere ad regulam ; and all conformity is respectu regulae , and he who doth over-shoot , or who over-does what is enjoyn'd , is a non-conformist . b. you here put me in mind how some of our bishops and clergy have been thus non-conformists in over-shooting their mark , at the same time that they have with undistinguishing severity executed the rigour of the laws against all who did shoot short . the royal martyr in his declaration to all his loving subjects , publish'd with the advice of his privy councel , a. . refers to some ceremonies in our church which have been used without any legal warrant or injunction , and which already are , or speedily may be abolish'd . a. but i a little wonder that a house of commons should petition for the dispensing with some legal rites , and required both by injunctions and canons , and by acts of parliament . b. i do not wonder at it at all . for conjunctures having happen'd when some non-conformists having been tender of the peace of the government , you need not wonder at any tenderness in it for them . for as in the conjuncture of the resteration of king charles the second , very many of the presbyterians and of other sects then shewing their loyalty ( the author i lately cited taking notice thus of the declaration , a. . viz. in which his majesty saith our present consideration and work is to gratifie the private cosciences of those who are grieved with some ceremonies , by indulging to and dispensing with the omitting of those ceremonies . a member of the house of commons in an epistle to his majesty useth these words , viz. which indulgent declaration so ravished the hearts of all your loving subjects , that your whole house of commons , their representatives then assembled in parliament , immediately after the publication , october th . , repair'd in a body to white-hall , and there by their speaker's oration in the banquetting-house , express'd their extraordinary great ioy , and presented their general thanks to your majesty for this your majesty's most gracious declaration and dispensation with their consciences in matters not being of the substance or essence of religion , which gave abundant satisfaction to all peaceable sob rminded men , and such as are truly religious , in which return of their thanks they were all unanimous , nemine contradicente , then ordering a bill in pursuance of your majesty's declaration : note , that this was that house of commons , which together with the house of lords brought his majesty to the throne ) so long before , namely in the first year of king charles the first , and a. . both houses presented a petition to the king , wherein they desire that his majesty would please to advise the bishops by fatherly entreaty and tender us●…ge to reduce to the peaceable and orderly service of the church such able ministers as have been formerly silenced , &c. and which is in effect , all one , such able ministers as have been formerly disabled . a. i am highly pleas'd with your further bringing any thing to me like iudgment of parliament that may strengthen the regal power of interpreting , or of dispensing with disability . we have discours'd of the subject a pretty while together at this meeting , and i must acknowledge you have entertain'd me with an account of many statutes that have propp'd up the regal power of dispensing with disability : and that too ( tho you observ'd it not to me ) not only in their preambles , but in their enacting parts , the which i account more momentous . nor can i forbear observing it to you , that in the late printed books of some who asserted this dispensative power , nothing like iudgment of parliament hath been cited in the case for it , but that out of rot. parl. . h. . . . out of rolle tit. prerogative le roy , fol. . viz. the commons prayed that the statutes for voiding of aliens out of the kingdom might be executed , to which the ki●…g agreed saving his prerogative , that he might dispense with such as he pleas'd . and upon this the commons answer'd , that their intention was no other , nor ever should be , by the help of god. but this was only the judgment of a house of commons ; and that is short of the authority of a house of lords concurring with them , tho but in a petitionary manner , that the regal dispensative power might be exerted : and which latter is far short of the authority of an act of parliament . and among the many parliamentary recognitions of the dispensative power you have mention●…d to me , that which you told me at our first meeting of the act of uniformity o car. . leaving aliens or foreigners of the reform'd churches that were then allow'd or tolerated by the king's majesty , or that should be allow'd by him , his heirs and successors , to be secured under the wing of prerogative from all the penalties in that act , was a greater president of a parliament's deference to the dispensative power . but here it falls in my way to ask you if the parliament in that act , interpreting and expounding the sulscription to the th article ( as you before mention'd ) did not shew some want of tenderness to the regal power of interpreting ? b. not in the least . the king thought fit in his legislative capacity , and with the concurrence of the three estates to issue forth such interpretation , to the end it might be perpetuated . but you will find that they were so tender of that branch of prerogative , namely of the regal power of interpreting out of parliament , that having referr'd to the king's declaration of the th of october , . ( i. e. that concerning ecclesiastical affairs we spoke of before ) and mention'd that according to that he had granted his commission to several bishops and other divines to review the book of common prayer , and to prepare such alterations and additions as they thought fit to offer , and that afterwards the convocations of both the provinces of canterbury and york , being by his majesty called , &c. his majesty hath been pleas'd to authorize the presidents of the said convocation , and other the bishops and clergy of the same to review the book of common prayer , and the book of the form and manner of the making and consecrating of bishops , priests , &c. and that they should make such additions and alterations in the said books as to them should seem meet , and should present the same to his majesty for his further allowance or confirmation , and then setting forth that the same was accordingly done , and that some alterations were inserted into those books by the convocations , and by them presented to his majesty , and all which his majesty having consider'd hath fully approved , it then follows , that his majesty hath recommended to this present parliament that the books of common prayer , &c. with the alterations and additions which have been so made and presented to his majesty by the said convocations , be the book which shall be appointed to be used , &c. in all parish churches and chapels , &c. and it is upon the foundation of what his majesty did as before-mention'd , that the following enacting clauses with their sanctions and penalties are built . and you may if you will take notice of a proviso toward the end of the act , being very tender of not hurting what king iames by his prerogative did in uniting the prebendship to the professor of law in oxon for the time being , and whereby that king dispens'd with the incapacity of lay-men , as to the enjoyment of such prebendship : but the act and the proviso takes care to perpetuate the king's professor's enjoying the same , and leaves the prerogative at liberty to dispense with such disability in the case . in short , you see how tender that parliament was of prerogative , and tho they thought it not fit to give such loud applauses to his late majesty's declaration of october the th , a. . before-mention'd , wherein so much of the dispensative power was exerted , yet you find they refer to it with respect . a. i have almost forgot the particulars of the dispensative power therein exerted . b. i shall tell you that the king having there mention'd ( and what the act takes notice of ) his saying that he would appoint some divines to review the common prayer book , and to make such alterations as shall be thought most necessary , &c. it then saith , out will and pleasure is , that none be punish'd or troubled for not using it until it be review'd , and effectually reform'd . he there speaks several times of dispensing with ceremonies , that were by law establish'd . it is there likewise said , because some men otherwise pious and learned say , they cannot conform unto the subscription required by the canon , nor take the oath of canonical obedience , we are content , and it is out will and pleasure ( so they take the oaths of allegiance and supremacy ) that they shall receive ordination , institution and induction , and shall be permitted to exercise their function , and to enjoy the profits of their livings without the said subscription or oath of canonical obedience , &c. a. i see here is king iames the first 's incapacitating canon dispens'd with , and indeed suspended . b. the declaration goeth on with taking care that none be iudged to forfeit his presentation , or benefice , or be deprived of it upon the statute of the th of elizabeth , c. . so he read and declare his assent to all the articles of religion , which only contain the confession of the true christian faith , and the doctrine of the sacraments comprised in the book of articles in the said statute mentioned . and this declaration had before express'd his majesty's mindfulness of his declaration from bredagh , and his saying , we publish'd in our declaration from bredagh , a liberty to tender consciences , and that no man should be disquieted or call'd in question for differences of opinion in matters of religion , which do not disturb the peace of the kingdom , and that we shall be ready to consent to such an act of parliament as upon mature deliberation shall be offer'd us for the full granting that indulgence . here was a liberty of conscience granted and publish'd , and heterodoxy about the very articles of religion tolerated , and a throwing off of penal laws , and for which declaration i should have told you , that baker's history , p. . mentions , that the house of lords order'd thanks to be given to the messenger who brought that gracious declaration . a. and yet you say the declaration october . thus dispensing with disability incurr'd by the canon , and the th of eliz ▪ and by queen elizabeth's act of uniformity , was both approved and applauded by the former parliament . i have not heard of the like in the kind of it . b. no doubt but the author there referr'd to the declaration of octob. . a. . for which the house of commons so express'd their thanks : however by the supposed carelessness of the printer , the publication is said to be october th . . for the words by him cited as said by his majesty , viz. our present consideration and work is to gratify , &c. are in that declaration , p. . and . but if it were not for cloying you with other like instances , i could tell you of the like in the beginning of the reign of king iames the first . a. i pray speak not of cloying . my patience may be soon surfeited with two or three such things as some call presidents . but this thing call'd iudgment of parliament carries with it so much weight as well as veneration , that you can no way more oblige me then by going on to entertain me with instances of that kind . b. why , then i can tell you if you will at any time turn to your collection of proclamations in the time of king iames the first , you will find that in his proclamation of march the th , the first year of his reign , he intimates that with the consent of the bishops present in the hampton-court conference he thought meet that some small things might rather be explain'd then changed in the book of common prayer , and for that end gave forth his commission under the great seal of england , according to the form which the laws of this realm in like case prescribed to be used to make the said explanation , and to cause the whole book of common prayer with the same explanation to be newly printed , which being done and establish'd , anew after so serious a deliberation , &c. we have thought it necessary to make known by proclamation our authorizing of the same , and to require and enjoyn all men , as well ecclesiastical as temporal to conform themselves to it , as the only publick form of serving god , establish'd and allow'd to be in this realm . and the rather for that all the learned men who were there present , as well of the bishops as others , promised their conformity in the practice of it , only making sute to us that some few might be born with for a time . wherefore we require all archbishops , bishops , and all other publick ministers , as well ecclesiastical as civil , to do their duties in causing the same to be obey'd , and in punishing the offenders according to the laws of the realm heretofore establish'd for the authorizing the said book of common prayer . you see there that all the bishops and the great parade of the literati present at that famous conference , did implore the king for the exercise of his dispensative power for a while to some few . but what is more considerable is , that the king here doth make a general relaxation of the bond of queen elizabeth's act of uniformity in some things ; and instead of inserting an express clause of discharging from the penalties of that act , all that use the common prayer book with the king's alterations or explanations , as queen elizabeth's admonition did in relation to those who took the oath of supremacy in the sense of her interpretation , ( a thing indeed not necessary for either of them to have done when they had loosen'd the bond of the observance of the law ) he enjoyns the uniform usage of the book of common prayer , as by him interpreted or explain'd ( the title of the proclamation being a proclamation for the authorizing an uniformity of the book of common prayer to be used throughout the realm ) under the disabling punishments of queen elizabeth's act of uniformity ; the bishops all this while being ministerial to the king in his power of thus interpreting , and explaining an act of parliament , and the loosening of its obligation both as to themselves and others . i am to tell you , that in that proclamation of march the fifth , the king refers to a proclamation he had before publish'd on the th of october then last past , wherein he gave the puritan divines an intimation of the conference he intended to have : and in which he reflects on the heat of their spirits as tending rather to combustion then reformation , which ( saith he ) if there be cause to make , is more in our hearts then theirs , &c. and afterwards saith , we are not ignorant that time may have brought in some . corruptions , which may deserve a review and amendment , which if by the assembly intended by us , we shall find to be so indeed , we will therein procéed according to the laws and customs of this realm by advice of our councel , or in our high court of parliament , or by convocation of our clergy , as we shall find reason to lead us : not doubting but that in such an orderly proceeding , we shall have the prelates & others of our clergy no less willing and far more able to afford us their duty and service , then any other whose zeal doth go so fast before their discretion . and the proclamation in march following shew'd you how the king's reason lead him in his proceeding in the affair according to the laws and customs of this realm , and how loyally his bishops and clergy acquiesced therein . a. i remember i have read both these proclamations : and i doubt not but that hampton-court conference made a great ferment in the body of the people , tho none in the orthodox clergy . but i should be glad to know whether it made any fermentation in the body of the people representative , and what was the result of it ? did the parliament acquiesce in what the king had done as aforesaid ? for if so ; they had done as queen elizabeth's parliament in publickly approving what she by her own ecclesiastical supremacy did in discharging the disabling penalties in her first act of parliament , and in relaxing by her interpretation , the vinculum for its observance in that sense that many had before put on it . b. king iames his parliament did in effect , the very self-same thing . and i shall give you the account of it out of his proclamation of the th of iuly , a. . in the second year of his reign : for there having spoke of that conference and of his having publish'd by proclamation what was the issue of it , and his hoping that when the same should be made known all reasonable men would have rested satisfy'd with that which had been done , and not have moved further trouble of speech of matters whereof so solemn and advised deliberation had been made , his majesty's following words are , notwithstanding at the late assembly of our parliament , there wanted not many who renew'd with no little earnestness the questions before determin'd , and many more as well about the book of common prayer , as other matters of church government , and importuned us for our assent to many alterations therein : but yet with such success , as when they heard both our own speeches made to them at sundry times , shewing the reasons of our former proceedings in those matters , and likewise had had conference with some bishops , and other lords of the upper house about the same , they desisted from further prosecution thereof , finding that of all things that might any way tend to the furtherance of religion and of establishment of a ministry fit for the same , we had before with the advice of our councel , had such consideration as the present state of things would bear , and taken order how the same should be prosecuted by such means as might be used without any publick disturbance or innovation . and in how vigorous a state the dispensative power as to the nonconformists afterward continued in the reign of that prince appears by what i have before cited of an application made to him by the house of commons for the exercise of the same to the non-conformists , in the th year of his reign . moreover how by tacit dispensation he dispens'd with the disabilities that roman catholick physicians and lawyers had incurr'd by his acts of parliament , i have told you . but what if i should now tell you how afterwards he did take care as it were unâ liturâ , to delete the execution of ●…ll the penal laws , disabling ones , and others , against the roman catholicks ; and that as to what he did therein , the most zealous protestants among his bishops , and the lords temporal and others of his privy council , did concur with him in so doing ? a. i think you would tell me of that which was very strange . b. as in the happy future state of england it was with an intent to detect the degeneracy and vanity of the politick and protestant-would-be's of the age who pretended to advance religion by excluding the next heir , in p. . shewn that one of the general and publick articles sent by king james the first to his embassador in spain , in order to the match with the infanta was , that the children of this marriage shall no way be compell'd or constrain'd in point of conscience or religion , wherefore there is no doubt that their title shall be prejudiced in case it should please god that they turn'd catholicks , and that it was afterward sent as an additional article offer'd from england , that the king of great britain and prince of wales should bind themselves by oath for the observance of the articles , and that the privy council should sign the same under their hands , and that accordingly the articles were sign'd by archbishop abbot , john bishop of lincoln , keeper of the great seal , lionel earl of middlesex , lord high treasurer of england , henry viscount mandevile , lord president of the council , edward earl of worcester , lord privy seal , lewis duke of richmond and lennox lord high steward of the houshold , james marquess of hamilton , james earl of carlisle , lancelot bishop of winchester , oliver viscount grandison , arthur baron chichester of belfast , lord treasurer of ireland , sir thomas edmonds knight , treasurer of the houshold , sir john suckling , comptroller of the houshold , sir george calvert , and sir edward conway , principal secretaries of state , sir richard weston , chancellor of the exchequer , sir julius caesar , mr. of the rolls ; and for the truth of which facts , reference is there made to mr. prynne's introduction to the archbishop of canterbury's trial , p. : so you may there read it in p. . that some private articles were agreed on , and probably were sworn to by the same persons that the other general ones were : and of which private ones , the first was in short , that none of the penal laws against roman catholicks should at any time hereafter be put in execution . but you may thus see it at large : viz. that particular laws made against roman catholicks , under which other subjects of our realms are not comprehended , and to whose observation all generally are not obliged , as likewise general laws , under which all are equally comprised ; if so be they are such as are repugnant to the romish religion , shall not at any time hereafter by any means or chance whatsoever directly or indirectly , be commanded to be put in execution against the said roman-catholicks . and we will cause that our councel shall take the same oath , as far as it pertains to them , and belongs to the execution which by the hands of them and their ministers is to be exercised . the d was , that no other laws shall hereafter be made anew against the said roman catholicks ; but that there shall be a perpetual toleration of the roman catholick religion within private houses throughout all our realms and dominions , which we will have to be understood , as well of our kingdom of scotland and ireland , as in england , &c. and the th was , that we will interpose our authority , and will do as much as in us shall lie , that the parliament shall approve , confirm and ratifie all and singular articles in favour of the roman-catholicks , capitulated between the most renowned kings , by reason of this marriage ; and that the said parliament shall revoke and abrogate the particular laws made against the said roman-catholicks , &c. and the conclusion there is , viz. that we will interpose our authority , and will do as much as in us shall lie , that the parliament shall approve , confirm and ratifie all and singular articles in favour of the roman-catholicks , capitulated between the most renowned kings , by reason of this marriage ; and that the said parliament shall revoke and abrogate the particular laws made against the said roman-catholicks , to whose observance also : the rest of our subjects and vassals are not obliged ; as likewise the general laws under which all are equally comprehended , to wit , ●…s to the roman-catholicks , if they be such as is aforesaid , which are repugnant to the roman-catholick religion : and that hereafter we will not consent , that the said parliament should ever at any time enact or write any other new laws against roman-catholicks . we accounting all and singular the preceding articles , ratified and accepted , out of certain knowledge , as far as they concern us , our heirs or successors , approve , ratifie , applaud , and promise , bon●… fide , and in the word of a king by these presents inviolably , firmly , well and faithfully to keep , observe , and fulfill the same , and to cause them to be kept , observed and fulfilled without any exception or contradiction , and do confirm the same by oath upon the holy evangelists , notwithstanding any opinions , sentences or laws whatsoever to the contrary : in the presence of the most illustrious don john de mendoza , marquess of inojosa , and don charles coloma . extraordinary ambassadors of the catholick king , of george calvert knight , one of our chief secretaries , of edward conway knight another of our chief secretaries , of francis cottington baronet , of the privy councel to our son the prince , of francis de corondelet , apostolical ( or the pope's ) prothonotary , and arch-deacon of cambray . dated at our palace at westminster , the day of july , . in the english style . jacobus , rex . a compared and true copy . george calvert , chief secretary . the form of the oath which the lords of the councel took to the former articles is this which followeth , ( found among the lord cottington's papers . ) formula juramenti à consiliariis praestandi . ego n. iuro me debitè plenéque observaturum , quantum ad me spectat , omnes & singulos articulos , qui in tractatu matrimonii , inter serenissimum carolum , walliae principem , & serenissimam dominam do●…nam mariam hispaniarum i●…fantem , continentur . iuro etiam , quod neque per me , nec per ministrum aliquem inferiorem mihi inservientem , legem ullam contra quemcunque catholicum romanum conscriptum executioni mandabo , aut mandari faciam , poenamve ullam ab earum aliqua irrogatam exigam . sed in omnibus quae ad me pertinent , ordines à majestate sua ex ea parte constitutos fideliter observabo . thus far mr. prynne ; who verifies the facts above-mention'd , not only from my lord cottington's papers , but from the mercure francois , tom. . a. . p. , , . and on which author he in p. . bestows the character of one of the truest historians of this latter age : and whom mr. prynne had before in p. . cited for the truth of the general articles referring to tom . p. . and . and i shall here observe to you , that what mr. prynne hath set down as aforesaid , to be the form of the oath took by the lords of the councel to the former articles , doth appear to be referr'd by him to both sorts of articles , viz. both the general and the private ones . for tho toward the end of the general articles it appear'd only that the king and prince were to be sworn that all the privy councellors should sign those articles under their hands , and that the king subscribed those articles , and was sworn to them in the presence of those bishops and other privy councellors before named ; yet the first of the private articles agreeing that the councel should take the oath as far as pertain'd to them , and belong'd to the execution which by the hands of them and their ministers is to be exercised , that the penal laws should not be executed against roman-catholicks , i account it appears according to mr. prynne that the privy councellors were sworn to both articles together : and that by the words of iuro etiam , &c. the private articles were referr'd to ; and the which will appear the more manifest , if you consider that the general articles had not one word therein for the tolerating of more papists then those of the infanta's family , and such who particularly belong'd to her . nor was there any thing more as to the privy councellors agreed to in the general articles , then their signing them . and both the general and private articles bearing the same date , it may be the rather supposed that pursuant to the first private article , containing the king's covenant for the privy councel's being sworn to them , that the bishops and the other privy councellors might then be sworn to them , as well as their having then particularly signed or subscribed the general articles appears : for so mr. prynne's words are , p. . the king and the embassadors went to the councel-chamber , where all the lords of the councel seal'd and subscribed the general articles of the marriage , &c. a. but i account you are not ignorant how much it hath been observ'd that mr. prynne , who was so voluminous a writer , did too much take his quotations on trust ; and that therefore what he had as out of the mercure francois might not be rightly cited . b. admitting that mr. prynne being so infinite in his quotations might often erre that way , i shall tell you , that i engaging a learned man of the university of oxford to consult mr. prynne's quotations out of the mercure ( of which the tomes are in the bodleian library ) he return'd me word , that they exactly agreed with the author in the places cited by mr. prynne . a. but one would scarce think that archbishop abbot should swear to these private articles ; for there went about a letter of his in that conjuncture , by the warm name of his remonstrance to his majesty against the match , and the toleration of the roman-catholicks . b. i grant that there did : and mr. prynne in p. . and . sets down the letter ; and he calls it a remonstrance : and the archbishop is there brought in , saying thus , viz. this toleration which you endeavour to s●…t up by your proclamation , cannot be done without an act of parliament , &c. but heylin in his history of the presbyterians , represents this as a sham-letter , and put upon the archbishop : and saith , that the archbishop could not be so ill a statesman ( having been long a privy councellor ) as not to know that he who sits at helm , must steer his course according to wind and weather , and that there was a great difference between such personal indulgences as the king had granted in the case to his popish subjects , and any such publick exercise of their superstitions as the word toleration doth import . and so he giveth judgment , that abbot was only the reputed author of this bastard letter , and not the natural parent of it . in the various editions of this letter , i have observ'd no date to it : and it is in that book of mr. prynne before his mention of the general or private articles , and before the match was resolv'd on by the king. and if notwithstanding that letter , the archbishop was afterward sworn to the articles , his altering his judgment on grounds of reason , was both commendable , and exemplary : and worthy of that mutual confidence between the king and him and the other bishops in the councel , and his privy councel in general ; and which was such , that in a lawful matter the king could stipulate for their obedience in the first private article as was before mention'd . a. your having shew'd me out of the copy of the publick instruments found by mr. prynne among my lord cottington's papers what concerns the toleration , hath given me much satisfaction in the truth of that fact. for otherwise what a late book writ for the king 's right in dispensing with the penal laws directed me to in rushworth of the declaration touching the pardons , suspensions , and dispensations of the roman-catholicks , sign'd by the lord conway and others , aug. the th . a. . would have left the matter to me full of doubt and mystery . but i see by those copies of articles found among the papers of my lord cottington , the toleration of papists had been reverâ about a fortnight before the date of that paper sworn to by all the privy councellors of king iames. and tho king charles the first did fall as a martyr for the protestant religion , and was a confessor of it in spain , as archbishop laud sets forth in his star-chamber speech , and as likewise the earl of bristol shews in his learned and loyal apology , printed , a. . ( which if you have not read , is highly worth your most serious perusal ; and where having spoke of the papal dispensation for the marriage on the articles formerly agreed on in point of religion , and of the civil letters that passed between that king , then prince , and the pope , he said that those letters were publish'd and translated into several languages ( referring there , i suppose , to the mercure francois ) which tho he could not say corruptly , yet strained as much as might be to his disadvantage , and that it is probable that the like letters of compliance m●… have been procured in the treaty of the match with france , wherein the pope's dispensation was likewise held necessary ) yet i shall tell you , that mr. prynne in p. , . after he had mention'd the oath taken by the privy councellors , saith , his majesty call'd an assembly of divines to consult with , what he ought to do for the discharge of his consc●…ence in this regard , and their resolution was first that the prince of wales should promise on ●…is oath to perform the conditions , and that the king his father should do the like : secondly , that the promises of marriage should be presently made , &c. but that the consummation of the marriage should not at all be executed till the month of may in the following year . to the end that they might experiment●…lly see if the aforesaid conditions required by his holiness should be faithfully accomplish'd , &c. as to the first , the prince of wales took an oath to his majesty to observe the foresaid conditions , and sign'd them with his hand , and he likewise swore and sign'd this by way of over-plus , to permit at all times , that any should freely propose to him the arguments of the catholick-religion without giving any impediment , and that he would never directly nor indirectly permit any to speak to the infanta against the same . but i shall here en passant observe to you out of the general articles , namely that in the th article ( notwithstanding my lord coke's opinion before-mention'd , that a new oath cannot be introduced nor an old one alter'd but by act of parliament ) there is a new oath of fealty agreed to by the king to be tender'd both to foreigners and subjects of england who were to serve the infanta , and care taken that no clause or word therein shall contradict the roman religion , or consciences of the roman-catholicks : and that by the th article for the security that every thing that was agreed to , should be fulfill'd , the king and prince were to be bound by oath , that all the privy councellors should sign the agreement , and i need not tell you that their being sworn to the private articles was a new oath . a. was nothing of the king's mind about the suspending all the penal laws , both the disabling ones and others against the papists , notify'd to his privy councel before the year ? b. mr. prynne there in p. . saith , that for the hastening the pope's dispensation for the match , king james ( as the french mercure , tom. . records it , and as he had credibly been inform'd of from others ) assembling his privy councel together , febr. . . made a long oration to them ( which he recites at large ) the sum whereof was this , that the roman-catholicks in england had sustain'd great and intolerable surcharges imposed on their goods , bodies , consciences during queen elizabeth's reign , of which they hoped to be relieved in his , &c. that now he had maturely consider'd the penury and calamities of the roman-catholicks who were in the number of his faithful subjects , and was resolv'd to relieve them , and therefore did from thenceforth take all his roman-catholick subjects into his protection , permitting them the liberty and entire exercise of their religion , &c. without any inquisition , process , or molestation from that day forward ; and likewise will and ordain , that they shall be restored to all their estates , lands , fees and seignories , and re-establish'd in them : commanding all his magistrates , iustices , and other officers whatsoever in this behalf to hold their hands , and for what cause soever it be , not to attempt hereafter to grieve or molest the said catholicks , neither in publick nor private in the liberty of the exercise of their religion , upon pain of being reputed guilty of high treason , and disturbers of the kingdoms peace and repose : this being his will and definitive sentence . a. but still i cannot forbear wondring about what considerations made our divines , and our great champions of the church of england-protestancy in the state as well as church , afterward thus inclinable to act their parts about toleration , as mr. prynne hath mention'd . b. they had cause enough to apprehend that the hierarchy of england could not be supported without the monarchy , and that by reason of the various growth of the potency of foreign princes and states , and of intestine factions , the monarchy could not be then sufficiently secure without a foreign alliance by inter-marriage ; and that where such alliance was to be with the famili●…s of roman-catholick princes , there could be no expectation of the pope's relaxing his laws by dispensing , without our princes doing something of that kind as to theirs . i might here observe to you , that we are told in the regal apology ( that the oxford ▪ antiquities mention'd to have been writ by dr. bate ) that a particular toleration had a former president even in queen elizabeth in those articles of marriage which were consented to with the duke of anjou : and if it were true that an universal toleration was agreed on by king james , it was intuitu majoris boni . the palatinate was to be restored again , and the protestants of germany to be re-enstated in their possessions on that condition . but to punish being a kind of punishment , and it being irreligious to punish men for religion , and the highest tide of anger being naturally succeeded by the lowest ebbe of it , and the thoughts of rigorous severity in princes toward their subjects being like such in the head toward the members of the same body , and king iames having found that the general abhorrence of the gun-powder-treason had blown up the credit of those fiery doctrines that produced it , and he being then within prospect of his end and being unwilling that the sun of his life should go down in his wrath , and finding , as appears by his long proclamation of four sheets of paper , declaring his . pleasure concerning the dissolving of the parliament , a. ●… . that they were not the papists who made his later breath so uneasie to him , and he being of opinion that the reason of the severe laws was much abated , it may abate of our wonder that in that conjuncture he put a period to their execution . mr. prynne for this purpose in p. . of that book prints a letter of the lord keeper williams to the i●…dges in the year following , to acquaint them that his majesty having resolv'd ( out of deep reasons of state , and in expectation of like correspondence from foreign princes to the professors of our religion ) to grant some grace and conveniency to the imprison'd papists of this kingdom ; had commanded him to pass some writs under the broad seal for that purpose , and that he had accordingly done so ; and tells them , that 't is his majesty's pleasure that they shall make no niceness or difficulty to extend that his princely favour to all papists imprison'd for any church recusancy whatsoever , or refusing the oath of supremacy , or hearing of mass , or any other point of recusancy which doth touch or concern religion only , and not matters of state , which shall appear to you to be totally civil and political . a. you lately ment●…on'd to me that the earl of bristol hinted it that there was afterward somewhat of compliance with the pope in the match with france of that nature , as was in the spanish . w●…at account doth mr. prynne give of that ? b. he tells you there , p. . that the french ma●…ch was soon concluded in the life of king james , the articles concerning religion being the same almost verbatim with those formerly agreed on in the spanish treaty . and he there refers to rot. tractationis & ratificationis matrimon●… inter dom. carolum regem & dom. henret . mariam sororem regis franc. o cat. in the rolls : and then in p. . saith , besides these general articles of the match , these particular ones were concluded and agreed on in favour of the roman-catholicks , the same in substance with those of spain , and where he saith the second is to this effect , that the english catholicks should be no more searched after ( or molested ) for their religion . but mr. prynne there particularly sets down only three short articles , and those comprised in about six lines : and the words [ or mol●…ted ] in the second article are printed in a different character from the others , as if he thereby intended them as his own explication of the word searched . a. you just now mention'd king iames his having in the year . order'd all the popish recusants who were in prison on the account of their religion to be set at liberty : and you told me how he tacitly dispens'd with the disability that popish physicians and lawyers had incurr'd by act of parliament . was that all the favour he shew'd roman-catholicks ? b. no : he allow'd them to make a very considerable figure in the government , as you may find if you consult the iournals of parliament , as referr'd to by mr. prynne , p. . & seq . of that book : for he there mentions , that in the year . the commons sent a petition to the lords , desiring their concurrence with them in presenting it to his majesty , for removing popish recusants , and those whose wives were papists , from offices of trust , which by law they were disabled to execute , which the lords took into their consideration , and which mr. prynne saith , was enter'd in their iournal in this manner , die jovis viz. vicessimo die maii . the lord archbishop of canterbury reported , that at the meeting this day with the commons , they presented an humble petition to the king , desiring this house to joyn therein with them . the which petition was read in haec verba , &c. in short , the commons in their petition take notice of the growth of the number of popish recusants in this kingdom , and of their insolency in all the parts thereof , and that many of them , contrary to the laws , were g●…t into offices and places of government and authority under the king : and the prayer of the petition is , that the lords and gentlemen there undernamed , may be removed from all his majesty's commissions of great charge and trust , commissions of lieutenancy , oyer and terminer , and of the peace , and from all other offices and places of trust. and they in their first sched●…le there name lords and knights . and in their second they name many persons of quality who were in places of charge and trust in their several counties , and had marry'd popish wives , and whose children and servants were bred up to popery . a. doth any act of parliament disable a man from bearing office because his wife is a papist , or because his children or servants are bred up to be papists ? b. yes , the act of the third of king iames the first , cap. . doth it , as you will see if you consult it ; for 't is there enacted , that no popish recusant convict , nor any having a wife being a popish recusant convict , shall at any time after this session of parliament , or any popish recusant hereafter to be convict , or having a wife which hereafter shall be a recusant convict , at any time after his or her conviction , shall exercise any publick office or charge in the common-wealth , but shall be utterly disabled to exercise the same by himself or his deputy , except such husband himself and his children which shall be above the age of nine years abiding with him , and his servants in houshold shall once every month in the least , repair to some church usual for divine service , and there hear divine service , and the said husband , and such his children and servants as are of meet age receive the sacrament of the lord's supper , and do bring up his said children in true religion . a. now have you set me a longing to know what the house of lords did in the case of that petition about removing those disabled persons from serving the king in those great stations . and since the judgment of parliament was always had in such great veneration , i think if the result of the desire of the house of commons was that the lords had joyn'd with them in the petition , and had urged that the king could not dispense with that act of parliament and pardon disability , it may make a notable president in the case we have been discussing . b. you will find that the commons urged nothing to the prejudice of prerogative in the prayer of their petition . their style there was , we humbly beseech your majesty graciously to vouchsafe that the said lords and gentlemen here under-named for this important reason , and for the greater safety of your majesty and of your realm , may be removed from all your majesty's commissions of great charge and trust , commissions of lieutenancy , &c. and the important reason did refer to the great countenance hereby given to popery , the great grief and offence to all his best affected and true loving subjects by putting the power of arms into such mens hands as by former acts of his majesty's councel are adjudged persons justly to be suspected , &c. but to let you see what the house of lords did hereupon , mr. prynne tells you , p. . that this petition being read , the house did defer the debate thereof at this time , for that the day was far spent . and answer was given to the commons ( who attended for the same in the painted chamber ) that the lords will send them an answer of this petition , hereafter when they are resolv'd thereof . whereupon mr. prynne concludes his account of this transaction thus , whether any of these were displaced upon this petition , i find not in any memorials ; it being certain some of them were not , but continued still in these offices of trust. a. how have you here disappointed my curiosity in making that ferment then in the government about the disability of the papists being dispens'd with , thus silently to go off through the house of lords forbearing to joyn with the house of commons in their petition ! b. i shall here afford your curiosity a recompence by observing it to you with allusion to some of the words of the royal martyr in his answer to the propositions , that the ancient , equal , happy , well poysed , and never enough commended constitution of the government of this kingdom having made this nation so famous and happy to a great degree of envy , &c. and the lords being trusted with a iudicatory power are an excellent screen and bank between the prince and the people , to assist each against any encroachment of the other , &c. that the wisdom of that house in acting as it hath done , in many conjunctures hath put an end to many ferments accidentally occasion'd by others mistakes about prerogative , and whereby that august assembly did sometimes cunctando restituere rem , and by its forbearing out of tender●…ess for prerogative to give judgment about it , hath often to the satisfaction both of the prince and people , left the regal rights in their ancient quiet estate . i shall for this purpose observe to you , that i once reading to the late earl of anglesy when he was lord privy seal , what i had in a manuscript of mine set down , as the fact of what had passed between the late king and the house of commons concerning his declaration of indulgence on march the th , . and the penal laws being thereby suspended ( and the suspension of which the commons then urged could not be but by act of parliament , and whereupon they apply'd to the king for the vacating that declaration ) his lordship did dictate to me in order to my compleating the state of that fact , and which i writ from his mouth , as followeth , viz. but it is to be observ'd upon this whole transaction between the king and the house of commons , that the lords had no hand in the address to the king about this great point ; altho it be uncontroverted that the lords are the only iudicatory that can determine any controverted point without an act of parliament , and either the king or the commons might in a particular case have had this point brought by appeal to the lords , if they had pleas'd , and consequently might have effected the judicial decision of the same . a. in your state of that part of the fact that concern'd the commons , did they address against the dispensing with acts of parliament ▪ b. no , but only against the suspending them , which are things of a different nature . the same house of commons by having iuly the th , . resolved , that his majesty be humbly desired to issue forth his proclamation for the punctual and effectual execution and observance of the act of navigation without any dispensation whatsoever , whereby the act may be in the least violated , and to recal such dispensations as are already granted , &c. did virtually shew a deference to his majesty's right of dispensing . nay , let me tell you , that the very many acts of parliaments which expresly provide against the crown 's dispensing by non-obstante in some particular cases , may all be cited as presidents or iudgments of parliaments for the propping up the dispensative power , and of parliaments having admitted that power in our kings , the exercise of which they provide against and desire to take away in such particular cases . but by referring to the fact of the entercourse between the late king and the house of commons about the suspending the penal laws , i have took occasion to point out to you the wisdom of the government in then passing that affair over without a judicial decision . and i can give you an instance of the prudential measures formerly observ'd by persons who made a great figure in the administration of the ecclesiastical government of the church of england , and who at the consecration of bishop manwaring when on the usual process at consecrations to call all persons to appear to shew cause why the elect should not be confirm'd , some then appear'd & objected against him , that upon his being impeached o car. . by the commons , the lords had given iudgment against him to disable him from all preferment in the church ; forbore to consider the merits of the exception , and throwing them off by a pretence of their being defective in some formalities of law , went on in the confirmation . and which is more , i can tell you that long afterward , viz. a. . the lords highly resenting both the pardon and bishoprick he had obtain'd , and calling to mind the sentence they had pronounced against him , did on the th of april that year , refer the consideration thereof to their grand committee for privileges , it being also moved , that what can be alledged on the lord bishop of st. david ' s part , either by pardon , licence or otherwise , may be produced and seen at the sitting of the lords committees for their full and clear understanding , and better expedition in the business : and on the st of april that year , order'd , that on the following monday , the records be brought into the house , that the house might determine the cause , and on the th of april following , order'd the cause to be heard the next day , and upon which day some such fatal sentence being expected against the bishop , as , and his bishoprick let another man take , by reason of his having been judicially disabled ; his majesty commanded that bishop not to sit in parliament , nor send any proxy thither : and the serment of the debate went off without any iudgment given by the lords that might touch prerogative in the point . and if in the year . when the air of mens fancies was so much infected with the pestilence of faction , so much tenderness was shewn to prerogative ( and that too in the case of a criminal whom the commons had for so many years made the great object of their anger , as one whom they look'd on as a proditor or betrayer of his country , and betrayer of their properties ) the loyal may well say quid non speremus , as to any future ferment that can rise in parliament , being allay'd without prejudice to the crown . the iournals of parliament in the beginning of the reign of king charles the first do tell us of the great ferment about the pardon of bishop montague , whom the commons had impeach'd before the lords , and who after the parliament was prorogued to the th year of the reign of that prince , had obtain'd his pardon in the time of the prorogation , and that such pardon was by the commons question'd , and that such questioning soon evaporated . but according to that great saying of sir harry martin in his speech at a conference between both houses ( as you will find it in r●…shworth ) after he had mention'd the inconvenience of nice debates about the original , latitude and bounds of sovereign power , viz. i have ever been of opinion that it is then best with sovereign power when it is had in tacit veneration , and not when it is prophaned by publick hearings and examinations , you will find that it hath been the usual practice of our great loyal patriots , in many critical conjunctures of time to prevent the popular criticising on controverted points of prerogative , and to provide for the ease both of prince and people by giving no other rule in the cause then the putting it off in longissimum diem . a. i suppose that excellent political remark of sir harry martin's was so made by him in the conjuncture of the petition of right . i have read of the great ferment the petition of right made in the beginning of the reign of the royal martyr : and i shall be glad to know if the dispensing with the penal laws , and particularly such as are inclusive of disability made any part of the fermentation . b. no doubt if the dispensative power of the crown as to any penal religionary ●…aws , had then appear'd any considerable gravamen to any of the three estates , they would then have cry'd out of it : but which they did not . yet i shall tell you that they had a fair occas●…on then given them to do it if they had thought it tanti . for in the first year of his reign there was a ferment in parliament about the penal laws against the papists , and particularly the disabling ones , but which soon went off ( as i may say ) by insensible perspiration . it s●…ems that mr. prynne in p. . and . saith both houses that year having presented a petition to that prince wherein they took notice that his majesty had in his princely wisdom taken order that none of his natural born subjects not professing the true religion and by law establish'd , shall be admitted into the service of his royal co●…sort , and having further desired that his majesty would be pleas'd to remove from all places of authority all such persons , as are either popish recusants , or according to direction of former acts of state to be justly suspected , and that his majesty said he would give order for it , yet that that parliament being unhappily dissolv'd in discontent , his majesty thought not fit to shew such severity to recusants as he intended . and in p. . mr. prynne had mentioned that sir iohn winter , mr. walter mountague , sir maurice drummond , and other papists , were admitted in her majesty's service . but by what appears from mr. prynne in p. . in the following parliament in the second year of that king , the house of commons took divers examinations concerning recusants that were in office , and at last agreed on a petition against recusants in office , and to present their names therewith to the king to the end they might be removed : and he then saith , that martis . iunii . car. regis . the petition against recusants in authority was engrossed , read and allow'd to be presented to his majesty , and this to be done by the privy-councel of the house , and sir john f●…llerton , which was done accordingly : but with what real success , i can give no exact account . but that the disabling and other laws against the papists had been dispens'd with by the royal martyr as well as his father , any one will conclude who reads what there followeth , viz. in this parliament these ensuing articles against popish recusants were consulted of in the house of commons , with an intent to draw them into an act ; and of which the th is , no recusant to bear office of iustice of peace or otherwise , or any man whose wife shall be a recusant , or practice law , common , or civil , or physick , nor have command in war , &c. and i should first have told you that the third was , a new oath with more additions to be taken concerning the supremacy . a. good god! a new oath with more additions about the supremacy ! b. you may suppose it would have been seemingly a new oath by that parliament's approving all the authentick regal interpretations of the old one , as queen elizabeth's interpretation was approved by her parliament . but you may here observe , that tho the disabling and other penal laws were by this pious prince tacitly and often dispens'd with , and the time of the doing of it caus'd some temporary ferments to arise in the minds of his subjects in parliament , yet their animosities have soon tacitly evaporated , and the regal power of dispensing then came to no question . the puritan dissenters and scruplers of ceremonies , knew they wanted the benefit of that power as well as the papists : and the exercise of that power was in the petition of both houses before mention'd implored as to the disabled or silenced ministers . and therefore you will not wonder at it when i tell you that during all the great patriotly efforts that were made for the removing all grievances by the petition of right , there was no offence taken at the right of the dispensative power . a. i thank you for that observation . b. the thought is too obvious to deserve thanks : and i assure you it is a kind of proverbial saying in the canon law , that dispensationum modus nulli sapientum displicuit . but even in the conjuncture of the petition of right , to shew you that the dispensative power did not in the least contribute to the ferment , i shall let you see out of rushworth how mr. glanvile ( who made so great a figure of a patriot then in parliament ) did with the greatest popular applause appear as an assertor of that power , and when in his speech in a full committee of both houses ( may . a. . ) he inter alia said , there is a trust inseparably reposed in the persons of the kings of england ; but that trust is regulated by law : for example , when statutes are made to prohibit things not mala in se , but only mala quia prohibita , under certain forfeitures and penalties to accrue to the king and to the informers that shall sue for the breach of them , the commons must and ever will acknowledge a regal and soveraign prerogative in the king touching such statutes , that it is in his majesty's absolute and undoubted power to grant dispensations to particular persons , with the clauses of non-obstante to do as they might have done before those statutes , wherein his majesty conferring grace and favour upon some , doth not do wrong to others . but there is a difference between those statutes and the laws and statutes whereon the petition is grounded . by those statutes the subject hath no interest in the penalties which are all the fruit such statutes can produce , until by sute or information he become entituled to the particular forfeitures ; whereas the laws and statutes mention'd in our petition are of another nature . there shall your lordships find us to rely upon the good old statute called magna charta , which declareth and confirmeth the ancient common laws of the liberties of england : and there he speaks afterward of other statute laws not inflicting penalties upon offenders in malis prohibitis , but laws declarative or positive , conferring or confirming ipso facto an inherent right and interest of liberty and freedom in the subjects of this realm , as their birth-rights and inheritances descendable to their heirs and posterities , the statutes incorporate into the body of the common law ; over which ( with reverence be it spoken ) there is no trust reposed in the king 's soveraign power or prerogative royal to enable him to dispense with them , or to take from his subjects the birthright which they have in their liberties , by virtue of the common law. so then according to the sense of this loyal patriot , if the king shall by his prerogative dispense with the disabilities or premunires or other penalties incurr'd by popish recusants pursuant to any statutes ; as for example , those of queen elizabeth or king iames , and even that of o iac. c. . whereby convicted recusants are disabled from military offices , and offices in the navy , and in the law , and f●…m the practice of physick , and any publick office and charge in the commonwealth , or the test-act o car. . no question is to be made of the king 's absolute and undoubted power of dispensing with particular persons in such a case . and during the ferment about the laws and statutes whereon the petition of right was founded ( and which were of another nature , as mr. glanvile's words are ) you will not forget that there was a tenderness for prerogative avow'd by both houses , while you remember those words of the royal martyr in his speech at the prorogation of the parliament the th of october , a. . viz. that the profession of both houses at the time of hammering the p●…tition of right was no way to entrench upon his prer●…gative ; and their saying that they had neither intention no●… power to hurt it , &c. you may too call to mind that as during the f●…rment that the suspending the penal laws by his late majesty's declaration of indulgence ▪ his power of dispensing in them came not in question , so the heat about his preregative to suspend them was soon over . the opinion of that loyal patriot and learned and upright iustitiary sir william ellis deliver'd in his argument about thomas and sorrells case i told you of namely that the king may suspend an act of parliament till next session ( which was a fl●…ght beyond what was moved for or adjudged in the late case of g●…dden and hales ) did never meet with any angry reflection ( that i have heard of ) from any person either of the people diffusive or representative , tho yet that argument of his containing such opinion was both after the votes of the house of commons about the illegality of the suspending of penal laws in matters eccle●…iastical otherwise then by act of parliament , and after the act for the test. and how near the prerogative of dispensing as allow'd by my lord chief justice vaughan in his argument in thomas and sorrell's case , ( and who argued after sir w. ellis ) came up to suspending , you may see there by what he saith , p. ▪ where the king can dispense with particular persons , he is not confined to number or place , but may lice●…s , as many , and in such places as he thinks fit . but further to shew you to how quiet and temperate a state that ferment of the prince's suspending all the religionary penal laws without an act of parliament was grown , i shall let you see that several years after the late king's declaration of indulgence and the act for the test , the late earl of s●…aftsbury appear'd in print as owning the legality of the king's prer●…gative in that kind , and without his lordship's being in the least censured for it by any of that num●…rous party he was then the head of . and here i am to tell you , that in a book call'd a letter from a person of quality to his friend in the country , printed in the year . the earl of shaftsbury is by mr. marvell the supposed author of the book , introduced as owning that the power of the king's supremacy ( meaning in matters ecclesiastical ) was of another nature then that he had in civils , and had been exercised without exception in this very case ( i. e. as in the declaration of indulgence ) by his father , grandfather , and queen elizabeth , under the great seal to foreign protestants become subjects of england , &c. a. did the earl of shaftsbury then in the year . own the prerogative of suspending penal laws in matters ecclesiastical when the king had long before quitted it , and when his lordship was embarqued with those men to whom nothing could once seem more unpopular then the owning of any such prerogative ? b. i refer you to the book it self , and where you will see that that great statesman did then assert the extent of prerogative in that point , with as much strength of wit and reason , as if he had been then fitting at the helm of state : and where he further shews the necessity of a standing supreme executive power to mitigate or wholy to suspend the execution of any penal laws , &c. but i shall best entertain you with his lordship 's own words as so great a narrator as mr. marvell relates them , and who ( as he saith ) telling his lordship that the declaration of indulgence assumed a power to repeal and suspend all our laws , his lordship ●…eplyed , that he wonder'd at his objection , there being not one of these in the case . for the king assumed no power of repealing laws , or suspending them contrary to the will of his parliament , or people ; and not to argue with me at that time the power of the king's supremacy , which was of another nature then that he had in civils , and had been exercised without exception in this very case by his father , grandfather , and queen elizabeth , under the great seal to foreign protestants become subjects of england , nor to instance in the suspending the execution of the two acts of navigation , and trade during both this and the last dutch war , in the same words and upon the same necessity , and as yet without clamour that ever we heard . but to pass by all that , this is certain , a government could not be supposed whether monarchical , or other of any sort , without a standing supreme executive power fully enabled to mitigate , or wholt to suspend the execution of any penal law in the intervals of the legislative power : which when assembled there was no doubt , but wherever there lies a negative in passing of a law , there the address or sense known of either of them to the contrary ( as for instance of either of our two houses of parliament in england ) ought to determine that indulgence , and restore the law to its full execution . for without this the laws were to no purpose made , if the prince could annul them at pleasure , and so on the other hand without a power always in being of dispensing on occasion , was to suppose a constitution extremely imperfect , and impracticable , and to cure those with a legislative power always in being , is when consider'd no other then a perfect tyranny . a. i find that his lordship doth not in the least distinguish between the right of prerogative in suspending the disabling or incapacitating penal laws , and others . and he by giving the power of suspending all the penal laws to the prince during the intervals of parliament , and till an address should be thence made to the prince to revoke such suspension , hath given his prince this power in effect during life . for 't is obvious to consider by how many accidents a suspension of penal laws revocable on an address from the parliament , may happen to be not so revoked . b. you say right . the king may thus according to his lordship's opinion suspend all penal disabilities as well as other penalties incurr'd by acts of parliament , and particularly by the test-act of o car. . and hereby to the great figure he made in the framing of that act , any who are displeas'd with the act , may apply the una eademque manus , &c. a. but i suppose his lordship there has nothing that may favour the repealing of the test , or any of the penal laws against the papists . b. none would expect from him anything to be moved for the repealing of the test ; however he allow'd prerogative to suspend it . but at that time that all people of narrow souls and ignoble thoughts were with so much clamour hunting down all roman-catholicks without distinction , and when the most devout among them by being ( as it were ) ad bestias damnati and devoured by informers , appear'd as a spectacle of delight to many inhumane protestants , his lordship's humanity was so great as to incline him in p. . there to give them somewhat like a quietus from all pecuniary laws . and the truth is when i consider how little wool the fleecing of roman catholicks and quakers or any heterodox religionaries at home or abroad hath brought to the exchequer of any prince or state , and only to informers , and that the consciences of peaceable men have been burden'd by men of no conscience , and by the turba gravis paci who are indeed burthens of the earth , i tremble to think what occasion may have been taken by male-contents to say in their hearts as to any such prince or state , according to those words of the psalmist , thou sellest thy people for nought , and dost not encrease thy wealth by their price , or and takest no money for them . i shall at some other time of our meeting give you some account cut of the records of the exchequer of the inconsiderable sums of money , that have for several years been brought to it by the severe prosecutions of roman-catholicks and quakers . but there is another thing very well worth your reading in that book , and which is the more proper for our consideration as suiting some great points we have been discoursing that concern our oath , and that is this ; h●…s ●…ate majesty's ministers in that year . having brought in a bill in parliament for a test extending to protestants ( and which as the book saith , was call'd by one of his majesty's ministers , a moderate security to the church and crown ) you will there in p. . see it mentioned how as to the assertory parts of the oath in that test , it was worthy the consideration of the bishops whether assertory oaths which were properly appointed to give testimony of a matter of fact w●…ereof a man is capable to be fully assured by the evidence of his senses be lawfully to be made use of to confirm or invalidate doc●…inal propositions , and whether that legislative power which imposeth such an oath , doth not necessarily assume to it seif an infallibility ? and as for promissory oaths , it was desired that those learned prelates would consider the opinion of grotius de jure belli & pacis , l. . c. . who seems to make it plain that those kind of oaths are forbidden by our saviour christ , matth. . , . and whether it would not become the fathers of the church when they have well wei●…h'd that and other places of the new testament , to be more tender in multiplying oaths then hitherto the great men of the church have been ? it is there toward the end of the page mentioned how some of the lords d●…sired that it might be clearly known whether it were meant all for an oath , or some of it a declaration , and some an oath ? if the latter , then it was desired it might be distinctly parted , and that the declaratory part should be subscribed by it self and not sworn . there was no small pains taken by the lord keeper and the bishops to prove that it was brought in ; the two first parts were only a declaration , and not an oath : and tho it was reply'd , that to declare upon ones oath , or to abhor upon ones oath , is the same thing with , i do swear , yet there was some difficulty to obtain the dividing of them , and that the declaratory part should be only subscribed , and the re●…t sworn to . a. but have you mention'd these things , as if you would incline me to concur in opinion with that lord as to the king's power of suspending the penalties incurr'd by acts of parliament , and to agree with the measures of some other lords then about oaths assertory and promissory , as referr'd to ? b. if i were of the same opinion about the king's power in that matter , as that lord and sir william ellis were , i would however forbear troubling you with it at this time while we are considering the obligation of our oath of supremacy in order to our assistance and defence of the preheminence of the dispensative power . and therefore i shall not in the least endeavour to incline you now to imbibe the perswasion of any nice controverted point of law or theology , and wherein there seems probab lis causa litigandi . and if when we are parted , you on your recollection of our discourse at this or our first meeting , should have the least trouble by calling to mind any thing i have occasionally mention'd that is matter of controversie , you may with all my heart put it off with a temporary transeat from your thoughts . but one of my aims in referring to that opinion of his lordship was , that knowing you to be much concern'd for the ease and quiet of your prince and country , i might console you with an instance of a great ferment about the regal power , suddenly going off : and as that book too shew'd you that another did in the government that was occasion'd by the new test-bill then introduced . and i must tell you that another of my aims in my pointing you to his lordship's observation of the suspensions of the penal statutes in the late reigns , was occasionally to direct you to a tenderness for the regal rights in general , and for the undoubted right of the dispensative power in particular . the same thing likewise hath been my aim in the several presidents i have given you of the ecclesiastical power by queen elizabeth ▪ king iames , and king charles the first exercised in suspending penal laws . the expression of tenderness for the rights of our princes hath been much used by the loyal patriot'y writers in the late reigns : and here i shall à propos apply it , as the resuscitatio , part. . p. . mentions it as used by my lord bacon in a speech in the house of commons in the reign of king iames the first , to the question now before us in the reign of king iames the second . his lordships words are , since therefore we have a prince of so excellent wisdom and moderation , of whose authority we ought to be tender as he is likewise of our liberty , let us enter into a true and indifferent consideration how far forth the case in question may touch his authority , and how far forth our liberty . and to speak clearly , in my opinion , it concerns his authority much , and our liberty nothing at all . that expression concerning tenderness for the regal rights was very acceptable to the house of commons , when his late majesty in his letter to them from bredagh , april . , thus made use of it , viz. we have not the least doubt but you will be as tender in and jealous of any thing that may infringe our honour and authority , as of your own liberty and property , which is best preserv'd by preserving the other . remember therefore that your tenderness for property is best preserv'd by your tenderness for the regal authority : and if you would have your thoughts adorn'd by a constant idea of true english loyalty like a noble picture retain'd there , let me direct you to a saying , which like an original drawn by a great master , may be fit for you to copy after , viz. that saying of the lord keeper coventry in a speech in the house of lords , viz. some would have the king's prerogative rather tall then great ; others è contra . but none can be truly loyal , but he that is a good patriot , and none can be a good patriot , but he that is truly loyal . nor need it be further insinuated to you , that without your keeping up a tenderness for the regal rights , you cannot maintain your tenderness for oaths . and here i must take occasion to tell you that one of my aims in entertaining you with the queries relating to oaths out of that book , was to lay before your thoughts a tenderness as to oaths in general , both in keeping the lawful ones you have taken , and in not imposing unlawful , doubtful , unnecessary , or inexpedient ones on others ; and on such as our prince considering the several constitutions of their minds both as to firmness and infirmness , hath thought fit to exempt from taking such strong physick . moreover if you will think that another of my aims was to mind you that the same queries might have been as ingeniously and ingenuously put in the year . before the passing of the test-act , as they were in debating the test-bill in the year , i shall allow you so to do . you may too ( if you will ) here occasionally consider how soon god in the course of his providence doth sometimes turn the tables , and make such who were lately so active in imposing on others oaths that seem'd doubtful and oppressive to them , to be in danger of suffering by the like impositions . mr. burrough's a pious independent divine ( who lived in the late times ) referring in his irenicum to the impositions and persecution design'd by the presbyterians against those of his perswasion , saith there , but the tables may turn one day , wherein the sufferers shall have the greatest ease , and the inflicters the sorest burthen . but god forbid that their brethren should lay it upon them , tho it were put into their power to do it . and you may take notice that the book we before spoke of , owns the activity of the roman-catholick lords then in hindering that test's being brought on protestants : the consideration whereof may ( i think ) justly incline all , who account it their happiness to have been freed from that design'd oath , not to grudge at the favour that hath been extended by the di●…pensative power to particular roman-catholicks excused from taking other oaths : or at any just favour if ever happening to be afforded them by the authentick interpretation of what in the statute-oaths seems doubtful to them . so tender was the government in the time of edward the th , about the not making the consciences of the people uneasie by oaths , that you will find it in the reformation of the ecclesiastical laws begun in harry the th's reign , and carry'd on in his , that the magna nomina who were employ'd to make a new body of laws , did in compassion to the consciences of those who took the usual promissory oaths for the observance of the statutes of universities , collegiate churches , and such like societies and corporations , order this clause to be added to the oaths , viz. haec omnibus partibus servabo , ●…uibus cum sacrâ scripturâ , cum legibus civilibus , & ecclesiasticis hujus regni consentient , & quantum vires meae patientur . the school-men ( saith one ) would be thought most tender and most curious in the point of oaths . they mince them out so fine , that a whol●… million of oaths may stand ( as some speak of angels ) on the point of a sharp need●…e . i have therefore not wonder'd at it when i have seen men standing on this sharp point of oaths , so often inconsistent with themselves . notwithstanding what i told you out of my lord coke , that an oath cannot be ministred to any unless the same be allow'd by the common law , or by some act of parliament ▪ neither can any oath allow'd by the common law or by act of parliament , be alter'd , but by act of parliament ; yet as you know that the house of commons in the th year of queen elizabeth desiring that no oath or subscription might be tendred to any at their entrance into the ministry , but such as is expresly prescribed by the statutes of this realm , except the oath against corrupt entring , did thereby however approve of the tendring of that oath , so my lord coke likewise , inst. . c. . viz. of simony seems to approve of that oath , in saying that simony is the more odious , because it is accompany'd with perjury , for the presentee , &c. is sworn to commit no simony , referring there to lynwood , and had before in that chapter referr'd to canon . iacobi . the oath against simony . you may too remember what i so lately told you of my lord coke's having with some approbation , or fair respect mention'd the clergy's oath of canonical obedience . and i can tell you that i lately looking on the charter of the corporation of shipwrights , granted by king iames the first in the tenth year of his reign , observed therein that thomas lord ellesmere lord chancellor of england , sir thomas flemming lord chief justice of england , sir edward coke lord chief justice of the common pleas , did pursuant to the statute in the th year of henry the th allow and approve under their ha ds and seals divers articles , acts , and ordinances for the better order , rule , and government of the art or mystery of shipwrights exhibited to them by the corporation , and did moreover o●…in the form of three new oaths to be taken by the officers and freemen of that corporation , and did disable the refusers of such oath to be members of the corporation . but i may here occasionally by the way tell you what you will find in croke d. sir edward coke sheriff of buckingham's case , viz. that upon several exceptions there mention'd as by him taken to the oath tender'd to him as sheriff , on the account of several additions alledged by him to be in the oath that were not in the ancient oath in the register , and afterward confirm'd and appointed by the statute of edw. the third ; and all the iudges being consulted as to the allowance of the same , tho they allow'd of his first exception namely as to his suppressing all errors and heresies commonly call'd lollaries , and being assistant to commissaries and ordinaries in church-matters , &c. and that that clause was fit to be omitted out of the oath , because it is appointed by statutes that are repeal'd , and was intended against the religion now establish'd , yet as to his second addition complain'd of , the greater part of the iudges were of opinion that an oath in this point may be well enjoyn'd by the king and order of state without parliament , and that it may well be imposed on the sheriff to take , being for the publick benefit and execution of the laws . and as to his fourth addition complain'd of , namely , that he should cause the statute of winton and the statutes against rogues and vagabonds to be put in execution , whereunto he excepted , because the statute of winton was alter'd , and the statutes against rogues and vagabonds are appointed to be executed by the iustices of the peace , and not by the sheriff : to this the judges said , that this fourth addition rests on the former reason , that this oath being appointed and continued divers years by direction of the state , altho without the express authority of any statute law , yet may he well be continued for the publick benefit in repressing such persons , &c. a. what a terrible thing was it that that clause about suppressing lollaries , &c. should continue in the oath so long after the reformation : and that sir edward coke should be the first protestant sheriff we have heard of whose conscience was so delicate as to refuse to swallow that poisonous clause ? b. you may too as justly say what a terrible thing is it that so many protestants who have formerly by the frequent swallowing the poison of contradictory oaths , habituated themselves to the quiet concocting of all oaths ( as the king of pontus brought himself at last to digest all poisons ) will yet be so ready to endeavour to compel the consciences of others to swallow such oaths that they believe or suspect to be poisonous ; a thing that hath probably tended to make so many among us to nauseate the use of all oaths as unlawful . a. whom do you mean by those ? b. the quakers . and here i shall freely tell you that providence having permitted so numerous a sect as that of the quakers among us to bear their testimony against the lawfulness of oaths in general , i shall be well content if the event of the bending the crooked stick the contrary way ( as my lord primate's expression was ) may be an universal tenderness as to oaths , as i just now described it ; and the want of which hath ( as i shew'd you at our last meeting ) been so scandalous to our country , and brought an opprobrium both on protestancy and christianity it self . alexander ab alexandro , l. . tells us , that there was no use of oaths among the phrygians . and tho grotius saith in his de jure belli & pacis , that jure gentium testi injurato non creditur , yet it was by polybius observ'd that in the better and simpler ages of the world oaths were seldom used in iudicatures . the athenians would not suffer xenocrates a person of known probity to take his oath at the altar , as a thing below his reputation . gellius , l. . c. . saith , verba proetoris ex edicto perpetuo de flamine di●…li & de sacerdote vestoe adscripsi . sacerdotem vestalem , & plaminem dial●…m in omni meâ jurisdictione jurare non cogam . and livy hath it , that among the romans the flamen dialis was not in any case allow'd to swear , least at any time he should forswear , which in him was held as the most hainous thing . i have too somewhere read plutarch cited for justifying to this purpose the reasonableness of their not swearing ; for that an oath was a kind of torture to a free man : and that it was absurd not to credit their words : and for that an oath draws after it an imprecation or curse in case they should be forsworn , which seems to be a detestable omination toward the priests of god. iosephus relates it , that the essenes word was as sure as an oath . so great likewise was the reputation of the christians in the ancient times for truth in matters asserted or promised by them , that the saying of christianus sum did frequently pass currant for the cautio iuratoria . and i shall always with reverence think of bellarmine's tutissimum , and of s. austin's nullum iuramentum tutum . a late ingenious writer apply'd to the clergy's obtaining canons for their not marrying , the observation that they always knew what was good for themselves ; but i shall think it more applicable to what i read of in the book of mr. ley beforementioned , p. . that as s. basil was very zealous in behalf of bishops that they might not be put to swear in respect of the peril of an oath , so he prevail'd so far as to free them from that peril : and that the council of challons , can. . was thus favorable to presbyters : and that the triburiensian council favour'd them with this constitution , that a presbyter should not be compell'd to swear , but instead of an oath , he should be question'd upon his holy consecration in verbo sacerdotis : because ( as the reason is there rendred ) our lord forbad his disciples to swear . and i shall tell you , that if you will allow lawyers to know what is good for themselves , you will find them of all sorts of men to have the greatest aversion against being witnesses . the iesuites too , who are by all reputed wise in their generation , are by dr. donne in his pseudo-martyr , p. . referred to as having so extraordinary an aversion against oaths , that he cites the spongia pro iesuit , p. . for their out-doing the essenes in hyperbolical detestations of oaths . i account it for the honour of the age that any one doth fall under the character of bipedum nequissimus who being sued by a quaker at common-law for a just debt , would obstruct such debt by an injunction out of chancery , till the quaker hath there answer'd a shamming bill upon his oath . and as by the clemency of his majesty's government , quakers there making answer upon their oath to captious bills hath been to the general satisfaction of the compassionate just ( as it were ) tacitly dispens'd with , and as likewise their promissory oaths of allegiance have been , i doubt not but his express or tacit dispensing with other loyal and conscientious particular persons doubting of the lawfulness or expedience of some promissory oaths , will be as generally grateful . i wish there were no greater superstition in the world then the quakers so much restraining to their epitomes of speech in commerce the interpretation of those words in s. matthew , but let your communication be yea , yea , nay , nay , &c. which were pursuant to the proverbial saying among the jews , iustorum etiam est etiam , & non est non . and as king athelstan's charter to his tenants the inhabitants of rippon i have elsewhere mention'd , viz. quod homines sui riponienses sint credendi per suum ya & per su●…m nay , in omnibus qu●…lis & curiis , &c. hath been by none that i have heard of look'd on with an evil eye , so neither by me should the like dispensation granted by our prince to any others he repined at . a. your having ( as it were ) diverted me by the thought of that superstition of the quakers , brings to my mind the pleasant entertainment you once gave me by lending me a book writ long ago , call'd a brief treatise of oaths exacted by ordinaries and ecclesiastical iudges to answer generally to all such articles or interrogarories as pleaseth them to propound : and of their forced and constrained oaths ex officio , wherein is proved that the same are unlawful . and i remember much of the matter in that author being dull , i came to somewhat at last recited by him , that had in it some sales , or what i may call some drops of spirit of vitriol , and which were but necessary to give a grateful acidity to his apozeme , when he toward the end of that book of oaths , in p. . and . thus brings in a rationale of the ceremonious manner of giving an oath , and of the manufacture of it as some men do fidem facere by it , viz. for in this matter of an oath they have devised according to their toying fantasie a certain foolish figurative ceremony in the ministring thereof . for the deponent for sooth must lay his three middle fingers stretch'd outright upon the book in signification of the holy trinity and catholick faith , and his thumb and little finger he must put downward under the book , in token of damnation both of body and soul , if he say not the truth . the thumb belike as the greater , representing the heavy mass of the body : and the little finger the light and incorpo●…eal substance of the soul. how superstitious also they were concerning this ceremony of the book ( little regarding the true use and end of an oath ) as appears by the allegorical exposition curiously set forth by one of their personate and counterfeit prelates , who saith that the circumstances in the act of an oath are very great and weighty , inasmuch as he that sweareth by a book doth three things : first as tho he should say , let that which is written in the book never do me good , neither the new nor the old law if i lye in this mine oath . secondly , he puts his hand on the book , as tho he should say , nor the good work which i have done profit me ought before the face of christ , except i say the truth which is founded in christ. thirdly , he kisseth the book , as tho he should say , let never the prayers and petitions which by my mouth i have utter'd , avail me any thing to my soul's health , if i say not truly in this mine oath . yet you must take this as meant only by this reverend father where lay men , or the baser sort of the clergy take an oath . for that blessed bonner not long since hath taught us this trick of his law , that a bishop may swear ( such is his privilege ) inspectis evangeliis & non tactis ; bare sight of the book without touch or kiss , will well enough serve his lordship's turn . b. well sir , throwing out of our thoughts the minutioe of all formal trifling ▪ let us not at the same time try to make men laugh and weep by imposing oaths on them . and let the consideration of this , namely that the noble morals enjoyn'd by the christian doctrine have not prevailed all this while to secure christians against one another without the garranty of oaths , or by the christianus sum not being still judged oequi-ponderous with an oath , impress a solemn grief on our minds . and considering that both the verbum regium , and the verbum sacerdotis have been so much allow'd equal to oaths , and that all christians ought to value themselves on being a royal priesthood , and on their great chief having made them kings and priests to god and his father , let us bemoan the present state of christianity and christians , having ( as it were ) decreed it that they cannot take one anothers words . and let the thought likewise of the insufficiency of the security of oaths themselves to keep up governments , work in us such a serious mortification and profound sense of the degeneracy of mankind , and such an inclination to place our chief confidence in somewhat above the words , or oaths of men , as becomes us . but i shall give you an instance of this at home too pregnant with horror . our thoughts have had a long melancholy walk in the peristyllium of the many interpretations that supported our great oath of supremacy , and as to which oath it being probable that a vulgar error having prevailed among many of the faction for some time before the year . namely that the oath of supremacy was intended to bind only in opposition to popery , occasion was thereby given to the fathers of our church to procure the last authentick interpretation of the assertory part of the oath in the canons of . and cautioning us there in the first canon against any independent coactive power whether papal or popular . but after our view of the orderly and necessary placing of all these polish'd and strong pillars of interpretation erected between the time of primo elizabethoe and the year , and after providence so ordering it at last , that the consciences of the loyal who were then reserv'd as lyons to guard the throne , had then a clear oath to guard their loyalty , and after their having then cause to say tantoe molis erat to render the oath both acceptable to conscience and adequate to its first reasonable intention , the land was punish'd with a dreadful rebellion , and the sacred obligations of the oath and all its interpretations could no more quench the raging flames of the civil war then the sprinkling of a little holy water could save a town on fire . you may therefore here again more particularly take it into your thoughts , that there is somewhat beside or beyond oaths necessary to incline heaven to preserve states and kingdoms and ecclesiastical polities therein , namely the trusting in god , and offering to him what the . psalm calls the sacrifices of god ; and without which the thought of the tantoe molis and the endeavour'd piling interpretation upon interpretation , or oath upon oath as high as heaven , and thereby designing to keep men together embody'd and united in the external profession of any state-religion , will prove as insignificant as did the old politicks i shall refer you to in the sacred story , and when the whole earth was of one language , and of one speech , and the vogue was , let us build a city and tower whose top may reach to heaven , and let us make us a name , least we be scatter'd abroad on the face of the whole earth . but heaven confounded their language , and their city was call'd babel , and their feared dissipation was their punishment . they were so diffident of the divine promise whose garranty they had , that they were resolv'd by their own hands to provide against all dangers of a future deluge , and having built their tower with brick , they thought 't would defend them from the power of fire , concerning which they had heard the tradition that a general destruction of the world should proceed from the fury of that element ; and they vainly endeavour'd to secure themselves against the anger of heaven rather by a lofty pile , then by lowly minds . a. that wretched vulgar error you referr'd to , did shew that the line of confusion was stretch'd forth on men's understandings as well as on the realm in that conjuncture : and i have observ'd that that vulgar error did last to the very time of the ferment about the exclusion , and long before which time as well as then some have talk'd and writ at this rate , viz. that the oath of supremacy was expresly made ( as the title of it shews ) to shut out the usurpation of foreign powers and potentates , and was not meant to provide against any popular usurpations or diminutions of the king 's supreme authority . b. o god! but to speak or write at that rate to conscience , is chicanerie . and i have elsewhere mention'd what one whom i cannot too often mention to be as fair a dealer with conscience as any the age hath had , told us in his sixth lecture of oaths , about the oath of supremacy binding in this case . you know i mean bishop sanderson , who there shews , that tho popes usurpations or arrogating to themselves the supreme iurisdiction in spiritualibus throughout this kingdom , was the cause of the oath of supremacy , yet the oath is obligatory according to the express words in the utmost latitude : the reason is , that the intention of a law is general to provide against all future inconveniences of the like kind , or nature . moreover the words in queen elizabeth's admonition referring to the persons call'd to ecclesiastical ministry in the church , as the doubters , and the tenour of all the subsequent interpretations as speaking them principally occasion'd by the doubters in the church of england , do further shew the vanity of that objection . and if you will more particularly think of the queen 's authentick interpretation of that oath and approved in parliament , you will find the oath of supremacy to be an oath of allegiance , and that it may be so-likewise properly termed . for in the beginning of the admonition you will thus find it , viz. the queen's majesty being inform'd that in certain places of this realm , sundry of her native subjects being call'd to ministry in the church , be by sinister perswasion and perverse construction , induced to find some scruple in the form of an oath , which by an act of the last parliament is prescribed to be required of divers persons for the recognition of their allegiance to her majesty , &c. a. as one may perceive by what the queen's interpretation in the admonition refers to , that there was a great ferment in the kingdom about the sense of the oath , so suitably to what you mention'd of the prudence of our ancestors that caus'd various ferments to go off so insensibly , the next parliament in approving her interpretation without troubling themselves to question the authentickness of it , doth corroborate your observation of the excellence of the english understandings . b. it doth so . the fermentation in the minds of the people you speak of had been epidemical . and tho one might fancy by the proem of the admonition that the interpretation as well as the dispensing with disability had an eye but on an inconsiderable number of people there referr'd to in the foremention'd words of sundry of her majesty's native subjects in certain places of this realm , &c. yet any one who knoweth the history of those times will find the interpretation and dispensation ( as i may say ) calculated for the meridian of all england , and the interpretation having an eye on all christendom . there was then in the morning of that queen's reign , and of the restoration of the reform'd religion , such a thick mist of causeless fears and iealousies that had generally o'erspread the minds of protestants and papists shortly after the birth of the statute of o eliz. c. o. that nothing but the supremacy both of power and reason that shone in her authentick interpretation of that statute could disperse , and that too not suddenly . for as mr. nye in his book of two acts of parliament , or observations on that oath , tells us , it is mention'd in the admonition that the queen 's ecclesiastical power is the same that was challenged and used , by henry the th , &c. which is supposed by some to be the same that was in the pope , the person only and not the power changed : so that our princes are but secular popes . this objection was strengthen'd by the subtlety of gardiner abroad : and at home by a sermon preach'd at paul's cross in the year . by dr. bancroft , who calls q. eliz. a petty pope , and tells us her ecclesiastical authority is the same which the pope's was formerly : and in the margin opposite to what he had said of the subtlety of gardiner , strengthening the objection abroad , hath these words , viz. whom calvin terms imposterille . and mr. nye afterward goes on to shew how the th article did remove the objection sufficiently . the author of the true grounds of ecclesiastical regiment , printed in london , a. . doth in p. . mention some mens objecting it against the ecclesiastical supremacy of our monarchs , that it may descend to infants under age , as it did to king edward the th , or to women as to queen mary and queen elizabeth , and that whatsoever we may allow to men , such as henry the th ; yet it seems unreasonable to allow it women and children . the papists think this objection of great moment , and therefore bellarmine in great disdain casts it out , that in england they had a certain woman for their bishop ; meaning queen elizabeth : and she knowing what an odium that word would draw on her both among papists and many protestants also , consults her bishops about it , and by their advice sets forth a declaration , certifying the world thereby , that she claim'd no other headship in the church , but such as might exclude all dependency on foreign headships , and secure her from all danger of being deposed , &c. the bishops in this did as warily provide for their own claim as the queen 's . and the roman-catholick author of the advocate for conscience liberty , discoursing of the oath of supremacy in p. . & seq . saith , that luther , calvin , knox , gilby disliked it : and mentions that a iurisdiction purely spiritual was communicated to h. the th by his supremacy , and assumed by him , and that he wanted his spiritual by-title of supremacy to justifie his divorce , a●…d his taking the church revenue into his hands : and that the protectorship in e the th's time by virtue of the oath of supremacy continued to make new church-laws , institutions , &c. and that queen elizabeth reassumed this iurisdiction , having a greater necessity for it then her brother , because her marriage was declared null by the pope . so then the state of protestancy abroad and at home call'd on the queen to distribute or dispense her supreme power in her law by her interpretation making a change not of it , but in the body of it : and which had it been changed by a repeal in parliament for another , would have seem'd to blemish her figure of semper eadem , and have reflected on the understandings and consciences of those who had before took the oath . there was then in that conjuncture an universal outcry of conscience that sin lies at the door , a thing worse then hannibal ad portas ; a burthen that hath caus'd all the groans of the creation that ever happen'd . and where there is periculum animae there is always periculum in morâ , and which the queen 's authentick interpretation did remove , and which was approved by the next parliament : and no noise made or complaining heard in our streets about any seeming alteration made in the law or oath it self , by the prerogative of interpretation or acquittal from the disabling punishments then exercised . and it is but congruous to humane nature and common policy in men when they see any thing not ill in it self done that hath eminently conduced to make the world easie , not to embarass such thing with litigious scruples about the fieri non debuit , nor to adventure to trouble the world again when it is inclined to and resolv'd upon its rest . some thoughts of this nature probably inclined my lord coke to shew the complaisance he did , not only to king iames his incapacitating canon about the double subscription , but as to the oath against simony & that of canonical obedience , and which inclined judge croke to be pleas'd with the canons of . tho containing the oath with an et caetera , and which made the iudges so apt to over-rule some of sir e. coke's exceptions to the sheriffs oath , as i have mention'd . you may indeed find that some among the puritans in some conjunctures in queen elizabeth's time , did presume to reproach the government of the church with her having dispens'd with the disability of some persons incurr'd by act of parliament . the author of the famous book publish'd in her reign , call'd , an abstract of certain acts of parliament , hath in the conclusion these two factious queries , viz. whether a mere lay-man , no doctor of the civil law , may be a bishop's chancellor , and so may excommunicate ? whether a mere lay-man no doctor of the civil law , may be a bishop's register , contrary to an act of parliament ? the author intendeth there to referr to the statute of o. h. . c. . and as he had before expresly done in p. . & seq . and of which statute we have so much discours'd ; and he in p. . instanceth in many lay-men who were not doctors of the civil law , and yet then exercised ecclesiastical iurisdiction . he had too in p. . took notice that as that statute establish'd and confirm'd to the king and his successors , and so unto our most gracious soveraign the queen's majesty that now is , lawful preheminence , power , superiority and lordship over all persons within her dominions of what state or condition soever , touching punishments for any heresies , errors , vices , schisms , abuses , idolatries , hypocrisies and superstitions springing or growing by means of any her disobedient and disloyal subjects ; so hath her majesty by her injunctions publish'd , that her highness did never pretend any title or challenge any authority to punish any of her subjects for any of the said offences by censure ecclesiastical in right belonging to her royal person ; but that her highness meaning and intent is and always hath been to commit the execution thereof always to the ecclesiastical state of her time : and he then sets down her interpretation in the admonition . but had that author consider'd how it was declared by that statute , that by holy scripture all authority and power is given to his majesty , and all such persons as his majesty shall appoint to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever ; and that this statute was revived by the st of eliz. he would not have wonder'd at the queen's allowing that statute to be dispens'd with as it was . nor would any one therefore wonder at the royal martyr in the th and th canons of a. . condescending to humour the complaints of the puritans by an equal interpretation of that statute of o h. . and by dispensing with it as he did ; and that so far as to the disabling lay-chancellors to proceed in such censures as they were enabled by that statute to do . mr. bagshaw in his first argument in parliament concerning the canons thus reflects on the clergy for those two canons , viz. concerning the th and th canons touching the freeing and discharging of chancellors and officials from executing any excommunication in their own person , or any censure against the clergy , because they are lay-men ; i say , that in doing and enacting this they have done quite contrary to an act of parliament still in force , in taking from them this power of exercising the censures of the church which that statute gives them : which i did look when some civilians now in the house should have maintain'd . and altho it were to be wish'd that only clergymen should have this power of excommunication , and other censures of the church ; yet seeing an act of parliament hath given this power to lay-men , it is high presumption to make canons against it . but he well knew that after the stamp of the royal authority put on these canons as well as before , lay-men in the court of delegates did excommunicate , and as they did in the high commission . and you may observe it , that in the commission granted primo elizabethae to her commissioners pursuant to the statute of that year , there were but two clergy-men ( and those bishops ) and lay-men . my lord ▪ coke , inst. . c. . writing of the high commission in causes ecclesiastical , saith , there is no question but the commissioners for such causes as are committed to them by force of this act , may , if the commissioners be competent , proceed to deprivation of the popish clergy which was the main object of the act , or to punish them by ecclesiastical censures , &c. and without question if the commissioners be competent , that is , if they be spiritual men , they may proceed to sentence of excommunication , which may right well be certify'd as well as excommunication before commissioners delegates : both of these authorities being under the great seal , &c. and excommunication certify'd ly commissioners del gates hath been allowed as it appeareth in . eliz. dyer . . and in many cases acts of parliament have adjudged men excommunicate ipso facto . but if they be meer lay-men , the fault is not in the statute or in the law , but in the nomination : and upon certificate made of the excommunication according to law , a significavit , or cap. excom . shall be awarded out of the chancery , for the taking and imprisoning the bodies of such excommunicate persons . but had his lordship ( as i said in the case of the other author ) consider'd how by the statute of . h. . it was declared that by holy scripture all authority and power is given to his majesty , and to all such persons as he shall appoint to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever , he would not ( i believe ) have thought lay-men incompetent or incapable persons so to have acted in the high commission , or delegacy , or have said there was any fault in the nomination of lay-men . and yet you see my lord coke shews you how the government then acquiesced in such nomination ; and assisted the execution of the sentences given by such as he thought incompetent . nor are we therefore to wonder at what mr. bagshaw mentions of the civilians in the house of commons not objecting that the king had done contrary to an act of parliament in taking from bishops , chancellors and officials the power of exercising church censures given them by the act : and which by the power declared in that act to be given him by holy scriptures , he might have either continued to them , or abridged or taken away the exercise thereof from them , if he had pleas'd . and considering that the lex scandali doth equally oblige kings as well as subjects in point of conscience , it is not to be wonder'd that that tender-conscienced king did in that conjuncture think himself obliged so equitably to make his interpretation of that statute as in complaisance with some of his subjects who had took offence at lay-chancellors power of excommunicating , to disable them to it . i told you before how that pious prince did in complaisance with the fathers of our church think himself obliged to exercise his regal power of interpreting or declaring , and when in a. . he issued out his proclamation declaring that the bishops holding their courts and issuing process in their own names were not against the laws of the realm , and that the iudges resolutions were notify'd therein to that purpose , and that the ferment about that point was setled , and the bishops issuing out their processes , was setled too ; the which proclamation too you will find mr. bagshaw mentions in his second argument , where p. . he tells you of the bishop's having procured a proclamation , a. . declaring the opinions of the iudges , that the statute of o edw. . c. . is repeal'd and of no force at this day , and that bishops may keep courts in their own names . and i shall now tell you , that as in the year . the bishops were in so full and peaceable possession of their privilege of issuing out of their processes in their own names , by means of what his majesty had declared pursuant to the resolutions unanimously given by all the iudges and the barons of the exchequer ( and of which sir e. coke saith , inst. . that they are for matters of law of highest authority next to the court of parliament ) so by iudgment of parliament the settlement of that controversie by virtue of his majesty's declarative power so exercised , was afterward approved . a. that is a thing i would gladly hear of ; for one would think that the exercise of the regal power of declaring or interpreting what relates to an act of parliament might occasionally heighten a ferment in stead of abating it . b. you will find little or no cause if you consult our ancient english story ( and there see how the mutual confidence between king and people hath in several ages supported the government ) to fancy that declaratory proclamations relating to acts of parliament did make any ferment . the interpretation of the statutes hath in all causes between party and party , and wherein meum and tuum and property are concern'd , been by ancient usage under our kings still left to the iudges : and the proclamations of our princes on great emergent occasions in the state declaring or interpreting their laws pursuant to the supreme power committed to them by god for the good of their people , hath still been observ'd to tend both to the good of the people and the laws too . if you will look on all the declaratory proclamations in the reigns of queen elizabeth and king iames , of which you have a collection , you will ( i believe ) find none but what were acceptable among all their loyal subjects . but as to this declaratory proclamation of king charles the first before-mention'd , you will find it ( as i told you ) approved in parliament . and if you will please to consult in your statute-book the act of o car. . c. . of which the title is explanation of a clause contain'd in an act of parliament made in the th year of the late king charles , entituled an act for repeal of a branch of a statute o elizabethae , concerning commissioners for causes ecclesiastical , you will there find that this act of the late king 's loyal long parliament , viz. o car. . hath in it three proviso's . the first is concerning the high commission-court : the second proviso is concerning the taking away the oath ex officio . and the third proviso is , to limit and confine the power of ecclesiastical judges in all their proceedings to what was and by law might be used before the year , which plainly includes , allows and approves king charles the first 's proclamation in the year . in the time of a former disloyal long parliament , the regal power of interpreting or declaring was by them represented as a gravamen , and while yet they usurp'd that power themselves . if you will look on the declaration of the lords and commons , in husband's collections , p. . you will there find they say , it is high time for the whole kingdom now to understand that his majesty's authority is more in his courts without his person then in his person without his courts , when the power of declaring law shall be deny'd to the whole court of parliament in particular causes before them , ( for we have claim'd it , we have exercised it no otherwise to be obligatory as a judicial declaration of the law ) and shall be attributed to his majesty to do it in general by his proclamation without relation to a particular case , and making his interpretation of the law to be a rule in all cases , as in divers late proclamations he hath done . and if you will look on his majesty's answer to the declaration of b●…th houses of parliament of july . . you will find there very many profound observations and presidents , and authorities of law , and wherein he several times refers to the happy times of that good queen elizabeth , as well as to ancient times , and he thence taking his measures , saith in p. . the king caus'd proclamations to be made ; for in such cases proclamations declaratory were not conceiv'd in those times to be illegal ▪ &c. and you may easily imagine this power of authentick interpretation very well consistent with the just power of the house of lords in declaring the law in a particular case : of which i occasionally mention'd to you the late earl of anglesy's opinion . but how not only the lords , but the house of commons did often during the late rebellion encroach on the regal power of declaring , and by ordinances without and against the king's consent , i shall some other time shew you at large . a. can you readily now at this time give any instance of the house of commons th●…n doing any thing of that nature ? b. yes : and i can refer ●…ou for the fact of it to the declaration of king charles the first , of august . . to all his l●…ving subjects ; and who there mention●… ▪ that after several in imations of treasons , plots , and conspiracies 〈◊〉 the papists , of great provisions of arms by them , and training men under-ground , and many other false reports created , spread and countenanced by themselves upon some general apprehensions of designs against them , a protestation is made in the house of commons for union and consent among themselves to perform those duties which ( if they had meant no more then they had express'd ) had been sufficiently provided for by the oaths they had already taken , and which their former duties obliged them to . hereupon a protestation is framed , and being put into such words as no honest man could believe himself obliged by it to any unlawful action , was voluntarily taken by all the members of the house of commons , and presently recommended to the house of lords , where it receiv'd the same countenance : that is was look'd upon as containing nothing in it self unlawful , tho some members of that house refused to take it as being voluntary , and not imposed by any lawful authority . then 't is recommended to the city of london , and over all the kingdom by order from the house of commons ( a strange and unheard of usurpation ) to be taken by all persons . but within very few days , upon conference among themselves , and among those clergymen who daily sollicite their unlawful and unwarrantable designs with the people , they find they were by this protestation so far from having drawn people into their combination , that in truth all men conceiv'd that they were even engaged by it against their main design , by promising to defend the true reform'd protestant religion express'd in the doctrine of the church of england : and thereupon some persons of that faction prevail'd , that after the members of the houses had taken it , a declaration was set forth by the house of commons , that by those words the doctrine of the church of england , was intended only so far as it was opposite to popery , and popish innovations , and that the words were not to be extended to the maintenance of the discipline and government , &c. and so under this explication and declaration publish'd only by the house of commons , and never assented to by the house of peers , this protestation was directed to be generally taken throughout england . and to that purpose a bill is drawn , passed the house of commons , and sent up to the house of lords , who at the second reading finding many particulars in it unfit to be so severely imposed upon the subjects absolutely rejected . you see here again an instance of the prudence of the great consiliarii na●…i , his majesty's great councel , in not aiding the faction against prerogative in that point . for tho on the account of his majesty's tacit dispensation by way of connivence presumed in that conjuncture , many of the loyal of the church of england did take that protestation and concur in the recommendation ( his majesty not having prohibited the taking of it , as he did a●…terward by a proclamation forbid the taking of the covenant ) ●…et when it was visible that such an interpretation so encroaching on the church of england , and on prerogative , was design'd without and against his majesty's approbation to be imposed on the people ; it is not to be wonder'd that the lords ( as things then were ) rejected a bill of that nature . but it follows then in his majesty's declaration , yet of this we took no notice , but pressed still the disbanding of the armies , &c. so that the ferment about the protestation , and the trouble it gave the kingdom by the super-induced interpretation , were in a short time over . a. you having from the occasion given you by queen elizabeth's power of interpreting , and by her dispensing with disability in all who took the oath of supremacy according to the sense notify'd in the admonition , referr'd my thoughts often to the regal power of interpreting , and having in the beginning of our discourse this meeting , left it to me t●… consider how much the power of dispensing with any law may be thought ●…o-incident with interpreting , and promised me that you would some other time shew me at large that the dispensing with laws is in effect the equitable interpreting that in such and such cases and circumstances they were not intended and ought not to bind , but ought to be relax'd , i shall be glad if before we part , you would do it . b. i had rather do it at our next meeting . and if in the mean time you please to entertain your self with bishop taylor 's ductor dubitantium , you will there find much learnedly writ of this subject . and he there in l. . c. . particularly tells us , that the interpretation of laws made by iudges , is matter of fidelity , and nothing of empire and power : and it is a good probable warranty of conscience , ●…ut no final determination in case any doubt happen to oppose it . no man is to ask favour of the iudge , but of the prince he may . and he had before said , that when the power that made the law doth interpret it , the interpretation is authentical and ●…bligeth conscience as much as the law , and can release the bond of conscience as far forth as the interpretation extends , as if the law were abrogated , and that whether it be by declaring the meaning of the law , or by abating the rigour , or by dispensing in the case , or enlarging the favour , or restraining the severity , it is all one as to the event of the obligation of conscience . a. but it seems then that he makes the declaring or interpreting the meaning of a law , and dispensing to be different things . b. he had an excellent metaphysical head : and his method of writing in that chapter , of the several ways of the changing of humane laws , was partly after the example of suarez in his book de legibus , and who was a voluminous writer of metaphysicks , and writing of any subject could not recedere ab arte suâ in that learning that is so infinitely prolifick of artificial distinctions without natural differences . i mention'd the bishop's but partly writing after the way of suarez ; for he was far from crumbling the weightier points of the law into the minutiae of metaphysicks as the other did ; and he in his excellent preface doth very passionately complain of moral theology , having been made an art of the schools , and that what god had made plain , men have intricated ; and for that purpose saith , there is a rule among the lawyers , which very much relates to the conscience of those men who are engaged in suits and sentences of law in all countrys which are ruled by the civil law , in quolibet actu requiritur citatio : of this rule porcius brings an hundred and sixteen ampliations , and an hundred and twenty four limitations , &c. and thus suarez in his th book de legibus , ( and the title of which book is , the interpretation , cessation and change of humane laws ) hath there twenty seven chapters concerning the same : and where his first chapter is , of the way of rightly interpreting an humane law : his d , of the extension in them by interpretation of them : and his d , of the extension to a case not comprehended : his th , doubts of the extension of laws : his th , of the restriction by interpretation : his th , of the ceasing of the obligation of a law in particular contrary to its words : his th , of the excusing of a law by equity : his th , of the use of equity without recourse to the prince : his th , of the ceasing of a law upon its cause ceasing : his th , of dispensation in an humane law : his th , of the effects of dispensation : his th , of the material cause of dispensation : his th , of the form of dispensation ; and so on in the others with much metaphysical subtlety . but the bishop in his before-mention'd third book and th chapter , viz. of the interpretation , diminution and abrogation of humane laws , brings in but seven ways of the changing of humane laws , so that the obligation of conscience is also changed ; whereof his first is by equity . his second is by interpretation . his third , by a contrary , or a ceasing reason . and his fourth by dispensation , &c. and of which latter he saith , if we use the word improperly , dispensation can signifie a declaration made by the superior that the subject in certain cases is not obliged , that the law-giver did not intend it , &c. but when dispensation signifies properly , it means an act of mere grace and favour proceeding from an extrinsick cause ; that is , not the nature of the thing , or the merit of the cause , but either the merit of the person , or some degrees of reasonableness in the thing , which not being of it self enough to procure the favour of the law , is of it self enough to make a man capable of the favour of the prince , &c. but as here in this nice distinction , he is enforced to make him who doth dispensare to do that which the canonists make the ratio nominis of it , namely diversa pensare , and in the scales of equity to weigh and interpret the degrees of the reasonableness of the thing , so in his handling of the prince's power of interpreting , he makes equity co-incident with it , and refers to the law in the code , viz. inter aequitatem jusque interpositam interpretationem nobis solis & oportet & licet inspicere : and his instances of that power of interpretation are referr'd to the favours shew'd by it to persons , and particularly to solomon's absolving abiathar from the sentence of death , because he had formerly done worthily to the interests of his father david . and then saith , now this power tho it may be done by interpretation , yet when it is administred by the prince , it is most commonly by way of pardon , absolute power and prerogative . when a law determines that under such an age a person shall be uncapable of being the general of an army , the supreme power can declare the meaning of the law to be , unless a great excellency of courage and maturity of iudgment supply the want of years : in which very case , scipio africanus said wisely , when he desir'd to be employ'd in the punick war , se sat annorum habiturum si populus romanus voluerit . thus tiberius put nero into the senate at fifteen years of age , and so did augustus the like to tiberius and his brother : and the people declar'd or dispens'd with the law in pompey ' s case , and allow'd him a triumph before he had been consul or praetor . and he had before said , when the law-giver interprets his law , he doth not take off the obligation of his law , ( i. e. meaning the obligation of his law in general ) but declares that in such a case it was not intended to oblige . tacitus tells of a roman knight , who having sworn to his wife that he would never be divorced from her , was by tiberius dispens'd with , when he had taken her in the unchaste embraces of his son-in-law . the emperor then declared , that the knight had only obliged himself not to be divorced , unless a great cause should intervene . and thus suarez himself in his said th chapter , de dispensatione in lege humanâ makes dispensation apply'd to signifie an act quo quis ab obligatione legis eximitur , and saith , quia unus modus esse potest per interpretationem , ideo potuit etiam in eâ significatione usurpari : tamen in hac etiam significatione sumpta , non quamcunque interpretationem legis , sed illam solam quae in casu dubio , & per potestatem superioris datur ad liberandum subditum ab obligatione legis significat : quia haec tantum est actus administrationis & potestatis adeo commissae . et illa tantum tollit aliquo modo onus legis , quod sine tali potestate auferri non posset : and so ( saith he ) 't is agreed on by all that dispensation is an act of iurisdiction : but 't is drawn into the law to signifie the taking away the vinculum of the law in particular cases , and so we generally use it . a. but metaphysicks apart . i shall not trouble my self about what is what , but what is my duty by virtue of my oath . and i observe , that what you cited out of the bishop , viz. that when the power that made the law doth interpret , the interpretation is authentical , &c. may render him no favourer of an interpretation not made in parliament by the legislative power . b. i shall sometime at our meeting again observe to you what the bishop hath there asserted , l. . c. . that kings have a legislative power in the affairs of religion and the church , and where he saith , that the least part of this power is to permit the free exercise of it , and to remove all impediments , and to give it advantages of free assemblies , and competent maintenance , and publick encouragements , &c. and shall then shew you what power circa sacra the church of england with great prudence and justice allow'd our princes in the introducing the reformation , ( and which its constitutions and canons have since owned ) and from the allowance of which power , our great church-men then knew there could be vestigia nulla retrorsum in the case of a prince of any other religion coming to the crown . but i shall at present tell you that as to what i have mention'd to you out of suarez and that bishop , altho you need neither now nor at any time to charge your memory with the subtlety of distinctions , and of the propriè and minus propriè when you are in eager pursuit of the substance of things ; you will find in both those authors what is very substantial about the doctrine of dispensing : and what i have cited of their rendring dispensing and interpreting thus co-incident is à propos , and may mind you of princes being both empow'red and obliged in justice in their administration of the executive power of their laws to declare or interpret their religionary penal laws as dispensable in relation to particular times and persons . and you may therefore here call to mind that passage in the council of trent , viz. that on fryar adrian ' s vociferating there about the pope's dispensing being an arbitrary favour , verdune the famous french divine took him down with saying , that it is a fond perswasion that dispensing is a mere favour : for it is as good distribute iustice as what is most so . and the priest sins if he giveth it not ; for it is nothing else but a right interpretation of law. you may very well suppose that thoughts arising from those words in the ordination of bishops , viz. that you have your authority not to destroy , but to save : not to hurt , but to help , &c. to be so merciful , as not to be remiss : so to administer discipline , as not to forget mercy , &c. have formerly inclined our bishops in the reigns of king iames and king charles the first to think themselves obliged to interpret and declare the laws about church discipline as dispensable , and to dispense with them in the cases of mr. hildersham and mr. dod , as i told you at our last meeting . and can you here see an act of parliament that thus s●…tleth the ordination of bishops , and which act not only allows but requires them thus to interpretari & dispensare in lege , or in an act of parliament ; and fancy it possible for the king ( when as the act of o h. . tells you that archbishops , bishops , archdeacons and other ecclesiastical persons have no manner of iurisdiction ecclesiastical , but by , under , and from his royal majesty ) not to be empow'red to exercise such jurisdiction ? and i may here add , that when it is declared in the statute of o eliz. c. . that the queen's majesty may orda●… such further ceremonies and rites as may be most for the advancement of god's glory , &c. will any one wonder at the crowns relaxing the penal laws about rites and ceremonies in the case of particular persons ; and as edward the th ( as is known ) did in the case of bishop hooper ? and if you have a mind to see an act of parliament , that not only approves the prince's remitting of his penal laws , but what applauds some excess in so doing , i can for that purpose direct you to the act of o edw. . c. . in the beginning of which 't is said , nothing being more godly , more sure , more to be wish'd and desired between a prince the supreme head and ruler , and the subjects , whose governor and head he is , then on the prince's part , great clemency and indulgency , and rather too much indulgency and remission of his royal power and just punishment , then exact severity and iustice to be shew'd , &c. but as when we were near the end of our former conference , you rightly observ'd that many perverse people would be crying out that any lawful dispensing with the laws establish'd , was contradictio in adjecto , so i shall now observe to you that any who to the diminishing from a prince's character of being just , presume to insinuate it that a prince's valuing himself on that character , and yet shewing mercy to some in releasing them from the bonds and penalties of some of his laws , is a contradiction , do appear to me great objects of compassion in so erring . and for this i shall refer you to the happy future state of england , where in p. . 't is said that he who separates mercy from iustice , is unjust to the very name of iustice , and robbeth it of the better half of its signification , leaving its teeth and claws , and taking away its heart and bowels . jarchas the indian , and chief of the brachmans in philostratus is brought in finding fault with apollonius tyaneus and others of the greeks , for that they confined and apply'd the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to those only who do no wrong to one another , and telling them that they were in an error , for saith he among the chiefest offices of iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 together with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ought to be reckon'd up . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 just and kind men are convertible terms in aristophanes , and joyn'd both together in plutarch : and aristotle saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , moderation or clemency is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : a piece of justice better then all justice . and you will find mr. gregory there cited for relating it in his opus●… . that the mahumetans have another lord's prayer , call'd by them the prayer of jesus the son of mary , and that endeth thus , and let not such a one bear rule over me that will have no mercy on me , for thy mercies sake , o thou most merciful . a. i say amen to that petition ; and do at the same time pay my thanks to heaven for that one doth bear rule over me , in whose great genius iustice and mercy do appear to the world as the same thing : and whose iustice when ever any one shall come to paint in story , he will not need to do it in the way of a half-face to hide any defect of mercy : and wherein if any prince be deficient , his historian will be put to do it in the way i mention'd ; and as pliny tells us , appelles drawing the face of a king who had but one eye , and intending to conceal that defect , was put upon the painting him turning his visage a little away , and so shewing but the one side of his face : and from whence pliny makes the invention of that way of painting to have come . but as i have now represented iustice and mercy to you to be the same thing , so at some other meeting i shall shew you that dispensation and mercy are the same : and in the mean while i shall tell you that there was a time namely throughout the reign of queen elizabeth , and in part of the reign of king iames the first , when the learning about dispensations was not in england , dark learning , but generally understood , and that not only by the writers of the church of england , but by the puritan writers : and i shall shew you when this learning went to sleep , and which i account not to have been again awaken'd till in the conjuncture of thomas and sorrel's case . but when i come to entertain you with the learned notions about it out of some of our church of england - writers , i believe you will not in the least startle at the thoughts of your prince's dispensing with disability . one of those writers writ of the subject before suarez , and whose book i suppose that our excellent bishop taylor happen'd not to have read , because i met with no references to it in his ductor dubitantium , and where probably there had been many , had the bishop read it . the book speaks the author to have been profoundly knowing in the civil and canon law , and not unacquainted with the lex terrae , and one who ( i think ) made a great figure in the administration of the discipline of the church of england , and whose great talents might probably cause our great church-men then to engage him for their champion against some of the puritan writers , who look'd with an evil eye on the regal dispensing with disability or incapacity in many of our clergy-men . and as when of old some of the english-understandings were employ'd in the writing of school-divinity , they penetrated as far into the subtleties of it as those of any nation , so i may tell you that ( in my poor opinion ) that author hath writ of the learning of dispensations both with all the subtlety and solidity requisite , and more substantially then suarez . i shall lay the book before you at our next meeting , but shall now tell you , that as to some points we have been discoursing , he observes that there is a dispensation call'd of iustice , as it were , an interpretation or declaration of the true meaning of the law juxta aequum & bonum : and he cites the canon law to prove that dispensation is a due , for that the precept of mercy is common to all . and i may tell you here , that if you will look on your durand's speculum in his first volume , where he writes so copiously of dispensing , his style is , dispensatio sive misericordia . a. you have taken care enough to make my entertainment in this meeting end with an appetite for another ; and the rather for that nothing is more pleasant to me then to find an historical account of the progress of any controverted point of any learning that hath made a ferment in church or state. and tho as the course of providence hath made the knowledge of this learning to be the opus diei , and so the ignorance of some , and malice of others hath made it look'd on as angry work , and as frightful as a comet , and as odious as if it were to bring us under a torrid zone ▪ yet ( i think ) your having surrounded the nature of dispensation , with such mild and gentle rays as to represent it to be of the nature of the sol justitiae with healing in its wings , must needs engage the knowing to bid it welcom with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and make all their animosities and ferments about it to be soon over . b. truly i do not suppose that any knowing man can have an aversion against it , and that this learning non habet inimicum nisi ignorantem . and that you may continue in your judgment of any ferment about the dispensative power being soon over , i can refer you to another iudgment of parliament , wherein a great tenderness for this branch of prerogative is shewn , namely in the statute of octavo elizabethae , c. . and to which that excellent and learned person , and great ornament of the law , sir robert atkins ( as you will find it in keble , vol. . ) referring in his argument in chomas and sortell's case saith , . eliz. cap. . takes notice of licence to dispense with such laws as were pro bono publico ; yet doth not forbid it , but rather compounds the matter . it hath been the luck of dispensation to meet with an ill name from some of our famous writers , who tell us that there were no such things as dispensation or non-obstante heard of till they came from rome here in the year of our lord . and that afterward kings learn'd from popes to dispense with their laws , whereas before they caus'd their laws to be observ'd like those of the medes and persians ; as the irish reports tell you in the case of commendams , and whereupon mr. prynne on the fourth part of the institutes , c. . treating largely of non-obstantes calls them papal engines . and our old monkish writers have been quoted for bestowing the terms of legum vulnera , infames nuncii , and repagalum , &c. on dispensations and non-obstantes . but i shall at our meeting again shew you that the practice of dispensing may easily be traced to the imperial laws : and this you may soon find , if you will look on dr. donne's pseudo-martyr that you have by you , and where you may guess at the age of dispensations , by his referring you in p. . to the divinae indulgentiae , in the digests , and his telling you out of the code that theodosius and valentinian making a law with a non-obstante did praeclude all dispensations which the emperors themselves might grant , in these words , si coeleste proferatur oraculum , aut divina pragmatica sanctio . and if you will look on gothofred's notes on the l. iubemus . c. de sacrosanctis ecclefiis & de rebus & privilegiis earum , cited by the doctor there , you will thus find it in those notes : caeleste oraculum quid est ? principis dispensatio . there is another thing i have not had time now to discourse with you about , and that is of the nature of laws in terrorem , as i intended , and which suitably to the wisdom of a father in menacing a child with cutting off his head if he doth this or that thing , are by the pater patriae and the estates of the realm sometimes lawfully made to intimidate men grown childish and vain , by sanctions of punishments not intended to be executed according to the general tenour of such laws . but as what may make for my purpose of shewing you how worthy it is of the majesty of princes to incorporate mercy with iustice in dispensing with many particular persons , and even to the freeing them from the terror of those laws in some angry conjunctures when others were to be affrighted with them , i shall refer you to king iames his proclamation of iune the th , in the year . and where having mentioned the religion of the roman-catholicks , he saith , we de●…ïre still to make it appear in the whole course of of our government , that we are far from accounting all those subjects dis●…oyal that are that way affected , and that we do distinguish of such as be carry'd only with blind zeal , and such as sin out of presumption , &c. and therefore as after times must give us tryal of all mens behaviour , so must all men expect that their own deserts must be the only measure of their fortunes at our hands either one way or other : and having before spoke of the gun-powder treason , and the doctrines of some priests that might encourage it , and said that thereby there is sufficient cause to justifie the proceedings of us and our said parliament in the making and execution of these last and all other former statutes tending to the same end , it followeth , nevertheless seeing the soveraign care appertains to us who have the soveraign power of iustice in our hand , and the supreme dispensation of clemency and moderation of the severity of our laws is likewise as proper to us to use , whensoever we shall find it reasonable , the same deserving to be no less allow'd in us ( being in our dominions god's lieutenant ) then it is prais'd in him among whose highest titles it is that his mercy is above all his works , &c. the king in the beginning of his proclamation having profess'd his zeal for the religion of the church of england by law establish'd , and his constant resolution for the maintenance and defence thereof , said , of which our purpose and determination , beside all other our former proceedings ( since our entry into this kingdom ) we have given a new and certain demonstration by such two acts as have been passed in this session of our parliament , both tending to prevent the dangers and diminish the number of those who adhering to the profession of the church of rome , are blindly led ( together with the superstition of their religion ) both into some points of doctrine which cannot consist with the loyalty of subjects toward their prince , and oft-times into direct actions of conspiracies and conjurations against the state wherein they live , as hath most notoriously appear'd by the late most horrible and almost incredible conjuration , &c. the two acts there referr'd to are those that you will find in your statute-book , anno tertio jacobi regis , cap. . an act for the discovering and repressing popish recusants ( and in which the oath of allegiance is contain'd ) and cap. . an act to prevent and avoid dangers by popish recusants , and whereby popish recusants convict are disabled from bearing office. but here you see how that wise prince so soon after so horrid a real plot did by distinguishing in his proclamation between the principles of some roman-catholicks and others as to loyalty , and alluring the loyal by the avow'd dispensative power of his mercy , and hiding them under the wings of his mercy from the terror of his laws and affording to all his subjects who should afterward behave themselves well , a tabula post naufragium as to the expectance of making up their fortunes , think himself obliged then to cause his moderation to be known to all men . and you may hence take occasion when you think of the many acts in terrorem in the statute-book , and where there is no proportion between the crime and the punishment , and in some that seem inflictive of punishments in the case where men cannot be to any but the searcher of hearts known to be criminal at all ( as for example in their owning some problematick points of the christian religion ) to consider that most probably the wisdom of the government would not have pass'd them but on the suppo●…ition of the regal power of dispensing therein , expresly or tacitly . you see how the laws commonly call'd sang●…inary , have been tacitly suspended : and i may tell you , that tho i desire to live no longer then i shall be a maintainet of the internal communion due from all christians to all christians as a part of that holiness without which no man shall see god ; yet i should soon withdraw from the external communion of the church of england , if it own'd the justness of such laws otherwise then as in terrorem●… and if it owned the lawfulness of putting men to death for the profession of any religionary principles , their liberty to prosess which was purchased for them by the blood of their redeemer . but i need not say more now about cautioning you or any one against the taking offence at any of our laws , laws , through want of considering which of them were designedly made for terror . i might here likewise as to many acts about trade that swell the statute-book apply the consideration of the regal power of dispensing therein having encouraged our ancestors to perpetuate them as laws . a. the truth is you now put me in mind how i having long ago spent much time in considering the trade and traffick of our country , and of other parts of christendom , and finding that shortly after his late majesty's restoration , one of his ministers had in a publick speech intimated it to the parliament , that his majesty had setled a councel of trade , consisting of some of the lords of his privy councel , and of some gentlemen of quality and experience , and of some principal merchants of the principal companies , i had the curiosity to look over their iournals and their advices , and reports to the king , and there i found somewhat of the same notion with yours in one of their reports to his majesty . for there in one of their papers of advice addressed to the king , taking notice that what they conceived fit to be done for the advancement of the trade of the realm , was prohibited by divers ancient statutes , they make them imply that the thing might be done by the king's licence or dispensing , and whereupon they thus go on : and therefore finding this dispensation to be your majesty's prerogative preserv'd entire to the crown through so many of your royal progenitors , we have not thought fit to touch further upon this matter , as being humbly confident that your majesty's subjects shall upon all occasions be indulged the like , if not more ready relief and accommodation for their trade from your majesty's royal grace and bounty : only because the observation was obvious , that perhaps all former parliaments purposely left this door open to the people by the grace of the king to be reliev'd with those dispensations , as foreseeing how difficult , if not impossible , or how inconvenient at least it might be altogether to restrain what those statutes prohibited , we could not omit the same in this place , &c. b. and you have put me in mind how a very loyal and judicious gentleman of that councel of trade , ( and whom i look on to be as deeply study'd in the business of trade and traffick as any one of the age ) was pleas'd once to give me his opinion in discourse , that a vast number of our statutes made for the advancement of trade did really depress it ; and he then told me , that the making of one new law against the giving alms to beggars in the high-way , would enrich the nation almost more then all our old statutes . a. i have many times been apt to think so . and considering how great a part of mankind every where the credulous are , and that the beggars are a necessary tax upon the credulous ; as we must imagine that a great loss happens to the well-meaning people in the nation through the profusion of their charity to pa●…pers in the high ways or streets , so again considering the vast numbers ▪ of such pa●…pers , and how valuable their industry would be to the publick , if necessity the mother of industry through their not being relieved in the high-ways or streets made them advantageous to the kingdom instead of being nuisances to it , one may easily guess that an act of parliament of that nature would awaken trade and manufacture to a much higher proportion than our many sleeping statutes can do . b. why , then ; i must tell you what i told him , namely , that there is such a statute in being , and long ago made , and that the execution of this statute hath been in the populous suburbs of our metropolis ( the places where peggars do so much swarm ) often awaken'd within these late years by the middlesex-iustices causing printed papers to be sent to the church-wardens and overseers of the poor in the respective parishes , and with this clause therein inserted , viz. and for the discouragement of all idle vagabonds and vagrants , &c. all persons are hereby desired and required to forbear to relieve any beggars at their doors , or in any other kind about the streets , on pain of suffering the respective penalties by law provided against all such offenders . a. i never before heard of this penal law. b. you may find it referr'd to , and likewise what may shew you how it hath been tacitly dispensed with , in my lord hatton's treatise of acts of parliament and the exposition thereof , c. . of interpretation of statutes by equity : and where he saith , the statute of e. . ordaineth , that no ma●… upon pain of imprisonment should give alms to a valtant beggar . yet if one meet with such a one in so cold weather and so light apparel , that if he have no clothes given him he shall die before he comes to any town , if a man giveth him apparel , he offends not the law. for there is an inward dispensation by the bond of christian charity and compassion . but since humane laws bind the conscience , we cannot without the prince's tacit consent rationally to be presumed , thus give our selves the latitude of an internal dispensation , or relaxation from the band of that his law : so that therefore when ever you gratifie your own indulgent disposition in relieving one in the streets , or in itinere whom you look on as one of god's poor , you are at the same time to be sensible of the regal dispensative power relieving your conscience , and legitimating that your intended charity by tacit dispensation . a. you have often referr'd my thoughts to consider the nature of the prince's tacit dispensing . do you account it to have any great spreading influence on mens consciences here in keeping them both innocent and quiet ? b. when we meet some other time , i shall shew you the universal influence of this kind it hath among all orders and degrees of our prince's subjects : and i shall then give you a full view of it . a. but will you then tell me of disability being thus tacitly dispens'd with , and with a salvo to conscience as to the obligation of humane laws ? b. yes ; in many cases . i have told you of one already when the roman-catholick physicians were disabled by an act of parliament in the reign of king iames the first from practising , and when the regal tacit dispensation proved an effectual antidote to their consciences against mortal sin in the case . but because you seem to be somewhat impatient to know another case wherein the tacit dispensation with disability did thus operate , i shall give you a home-case , by desiring you to recollect how old you were when you were first chosen a parliament man , and then to read mr. prynne's book publish'd a. . and call'd minors no senators , or a brief discourse proving infants under years to be uncapable in point of law , &c. of being elected or admitted members of the high court of parliament , &c. he refers there to coke's institutes for rendring none eligible to be a knight , citizen or burgess , who is under the age of years : and in p. . he faith , the common law of england is so exact and curious in the election of all officers of an inferior nature , as coroners , verderers , keepers of seals for recognisances , or statutes merchant , constables , bailiffs , mayors , clerks and others , who are eligible by writs , charters or prescription , that it expresly requires every one of them to be idoneum hominem qui melius sciat & possit officium illud intendere , and therefore ( saith he ) much less ought a minor to be chosen a knight , citizen , or burgess , &c. and if he is unable to be an attorney or proxy to assent for another in any court of iustice , much more then in a parliament , the supremest court. and in p. . to the objection that some infants under years have been permitted to sit in former parliaments , he answers , that no●…e ever sate in former parliaments but only by connivence , and whose elections were never question'd , and that some whose elections were question'd , were ejected . and now as bishop sanderson in his th lecture , viz. de legum humanarum causâ efficiente , speaking of laws ceasing to oblige by contrary custom , makes that contrary custom to be nihil aliud quam conjuncta populi consensio eam legem ut inutilem observare negligentis , & consensio principis observationem ejus non exigentis ; and in his th lecture doth very judiciously distinguish the prince's consent about relaxing subjects from the obligation of a law into that which is express'd , and that which may rationally be presumed , it was by this latter consent of your prince so exuberantly indulgent in his nature , that you were brought off from sin in the forum internum , when you were both senator and minor , and when you help'd on the making of laws to disalle others , and who have since made it a question whether the king could expresly or tacitly dispense with the incapacity that by means of your vote , and perhaps of other minors , passed to be enacted as a punishment . but to speak frankly , you will oblige me now we are so near parting , to tell me of any one learned man in the profession of the laws of any part of christendom , and particularly of our own municipal ones , who hath ex professo and argumentatively writ of the prince's prerogative of dispensing with a penal disability in particular cases , and deny'd it . a. i did not as to our lex terrae account it tanti to set up the judgment of any one particular man when you have entertain'd me with iudgment of parliament in the case . but i am sure you cannot but know how that great man in that great case we have referr'd to , i mean my lord chief justice vaughan in thomas and sorrel's case , seems to be of opinion that the king cannot dispense in the case of incapacity : he saith , the reason why the king cannot dispense in the cases of buying offices and simoniacal presentations is because the persons were made incapable to hold them : and a person incapable is as a dead person , and no person at all as to that wherein he is incapable , &c. b. tho that great man hath not therein as in other passages in his argument , discuss'd the point argumentatively , i shall yet pay so much respect to his opinion , as to give decent burial to his dead man. but you see that after he had said , the reason why the king cannot dispense , &c. is because the persons were made incapable to hold them , he only gives it as a reason of their being uncapable , and of the king 's not being able to dispense in their case , viz. that they are dead men , that a person uncapable is as a dead person , and whereby he giveth us a magisterial gratis dictum , or a petitio principii instead of what might deserve the name of a reason , or what might prove that the king could not dispense in the case of one politically dead , or one dead in law. i have formerly told you of the saying used by magerus , and other civil law-writers , that mors civilis naturali non aequiparatur nisi in casibus in jure expressis . and there are cases enow express'd there , that shew how the prince who is according to the style of seneca , viz. animus reipublicae , illa corpus suum , and ille spiritus vitalis quem haec tot millia trahunt , and who in the scripture phrase is the breath of our nostrils , can according to the law of the land as i told you in the case of sir walter raleigh , animate a person dead in law. and none need question why king iames the second cannot thus raise the dead as queen elizabeth did , and king iames the first , or our following princes , and i may say as well as any who went before him . infames dicuntur civiliter mortui is a common saying , but you see that fas est cuivis principi maculosas notas vitiatae opinionis abstergere is as common . thus too magerus tells us , that banniti pro mortuis reputantur , and we know that the excommunicate may in some respect by reason of their temporary disability be termed so too . and if you will look on the book call'd reformatio legum ecclesiasticarum , under the title de excommunicatione , you will there in the chapter of the denunciation of the excommunicate , find the minister enjoin'd to tell the people that they must all abstain from the excommunicate person , tanquam à putri & projecto membro , &c. that an excommunicate person is to be thrown out of the church as a dead carcass : but you will there find in the formula reconciliationis excommunicatorum with what tenderness it is said reum hunc charissimum fratrem membrum assumamus & agnoscamus communis in christo nostri corporis : & intimus ut noster affectus in hoc corporis nostri recuperato membro testatior sit , &c. and that the pastor in the absolution of that returning prodigal who was dead and is alive again , must in the administration of the king 's ecclesiastical laws , say tibi rursus pristinum in ecclesiâ tuâ locum , & plenum jus restitue . thus too at the end of the canons , a. . you will find the same style of tenderness in vogue in queen elizabeth's time that was in edward the th's , as likewise of the powerfulness in raising the dead . you see there a form of the sentence of excommunication , viz. fratres quoniam quicunque profitemur nomen christi sumus omnes membrum ejusdem corporis , & par est ut unum membrum alterius membri sensu & dolore afficiatur , &c. and it being afterward mention'd , that the person having been accused of such a crime , and having been contumaciously absent , it followeth , the bishop in god's name and by his authority hath excommunicated such a one from the society of christ's church , & tanquam membrum emortuum amputasse à christi corpore , &c. that you may shun his company : tamen ut christiana charitas nos monet , let us pray for him to god who is a merciful god , and who can lapsos etiam à morte revocare . and you may take notice of what is said in croke d , and coke th report , trollop's case about the king's pardon raising the excommunicate from this civil death , and that a man need not be absolved by the church if the king pardons . and thus hobart , serle's case , p. . shews you that after the discharge of a clerk convict , he shall never be question'd in the ecclesiastical court for deprivation . you may likewise see it in coke inst. . chapter of pardons , the king may pardon one convict of heresie , or of any other offence punishable by the ecclesiastical law. you may too in that chapter observe his tenderness for prerogative , where having mention'd that by the th of r. . it is provided that no charter of pardon for murther , &c. shall be allow'd &c. if they be not specify'd in the same charter , and that before that statute by the pardon of all felonies , treason was pardon'd , and so was murder ; and at this day by the pardon of all felonies , the death of a man is not pardon'd ; he thus goeth on , these are excellent laws for direction , and for the peace of the realm . but it hath been conceiv'd ( which we will not question ) that the king may dispense with these laws by a non-obstante , be it general or special ( albeit we find not any such clauses of non-obstante but of late times ) these statutes are excellent instructions for a religious and prudent king to follow , but he doth not make them obligatory to him . my lord coke then saith , this is to be added that the intention of the said act , . r. . was not that the king should grant a pardon of murther by express name in the charter , but because the whole parliament conceiv'd that he would never pardon murther by special name for the causes aforesaid , therefore was that provision made which was grounded on the law of god , quicunque effuderit humanum sanguinem , fundetur sanguis illius , &c. nec aliter expiari potest , nisi per ejus sanguinem qui alterius sanguinem effuderit . his margin there cites genes . . . numb . . . a. but ( by the way ) do you think then that sovereign princes offend the law of god in pardoning murther ? b. i do observe that many presume to censure kings for so doing , and are superstitiously misguided by thinking that those two places of scripture referr'd to by my lord coke do necessarily make it a sin in princes to pardon murther . but i shall when we meet again shew you the mistake of such therein ; and shall shew you that david at that time when the law of god , and the lex terrae was the same thing , ( and who had sworn and would . perform it , that he would keep god's righteous iudgments ) was not to be censured to have sinned either in the reprieve of ioab who had murthered amasa , and abner , and in delaying the execution of the law , and leaving it to solomon his son , or in the pardon of absolon , who had slain his brother ammon : and that when the law faith in numb . . the murtherer shall surely be put to death , our best commentators ( and out of the rabbins ) say , that this is spoken to the iudges before whom such causes regularly came , and under the supreme power and by authority thereof judged those causes ; and that tho the iudges who were subordinate to the supreme power were to take no satisfaction for the life of a murtherer , but were by that law to condemn him , yet that it followeth not that the supreme power who made them iudges , might not in some cases reprieve and pardon some whom they had condemned . a. i shall be glad to hear you discourse of this , and the rather for that 't is so customary to many when they find the prince exercising this prerogative of pardoning , to be apt too much to busy their heads with those two places in the old testament , to their neglect of others there ▪ viz. exod. . . prov. . . eccles. . . and of acts . . in the new , and likewise there of rom. . . . . st. peter . . and from whence they might collect their moral offices of not doing , or speaking , or thinking dishonourably of the lord 's annointed , and of paying honour and obedience to his sovereign power , and that for conscience sake . but in the mean time give me leave à propos to ask you if ever you heard of any one of the iudges of the realm in the reign of our former princes , that gave his judgment for the allowance of the king's pardon of disability ? shew me but that , and i shall not be affrighted with my lord ch. justice vaughan's simoniacal dead man. b. i shall tell you of a case that was well enough known to him , and which you may find in croke d , p. . sir iohn bennet , v. dr. easedale : where you may see that sir iohn bennet being fined l. for bribery ▪ by the star-chamber , and censured to be imprison'd , and made uncapable of any office of iudicature : and that he having a pardon from the king reciting the bribery and offences mention'd in the decree , and all penalties and punishments by reason thereof , and all disabilities and incapacities , and all things concerning the said sentence except the fine of l. and the court of star-chamber having the advice of all the iudges relating to the decree and pardon , it was resolv'd by them all , that this pardon hath taken away all force of the sentence in the star-chamber , except for the fine of l. and all disabilities are discharged thereby . that lord chief iustice knew that ( as it was set down in that chapter of pardons , inst. . ) the king's pardon extends to all suits in the star-chamber : and he knew of what was mention'd , inst. . chap. . of the high court of parliament , viz. of a pardon to the lord latimer of a iudgment in parliament : and he knew that by his own and other iustices of assize going into their own countrys in the execution of their offices by vertue of the king 's non-obstante to the statutes of . r. . c. . . h. . c. . himself and as many as went iudges of assize so into their own countrys , gave judgment by so doing for the prerogative of dispensing with such acts of parliament : and he likewise knew that ( as it is well express'd in the●… answer of king charles the first to the declaration of both houses of parliament concerning the commission ▪ of array , a. . ) an act of parliament in any ▪ matter tho mistaken , being assented to by the king and his two houses , is equally binding ( as having equal authority ) with an act introductive of a new law , and that therefore acts of parliament having so particularly declared the justness of the prerogative's dispensing with disability , no magna nomina of any particular sages of the law in otherwise opining , can expect any deference . and if you will consider what my lord coke in that chapter of pardons hath mention'd of the operation of prerogative over the dead in law , and consider the president he refers to , viz. pasch. . e. . tit . cor. . coram rege , quidam indictatus de felonia , & inde culp . dicit quod rex eum conduxit , & inde producit chartam , quod rex eum conduxit in vasc. in exercitu , & dicta charta allocata fuit per curiam ; and there see his opinion grounded on it , that if a man be indicted of felony , and found guilty , and being in prison , the king may under the great seal , reciting the offence , &c. retain him to serve in his wars on this side or beyond the seas : this charter he may plead , and the court ought to allow it ▪ i believe you will be of opinion that any one who will desire any more presidents for the commanding the services of dead men ought to be sent for one to the rehearsal , viz. that of arise you dead men , and get ye about your business . a. well sir : as for this objected dead-man , requiescat in pace . i have done with him : and since from some things you have said , i gather that the dispensing with disability by roman emperors and popes of rome , did never by any ferment disturb their governments ; and moreover , since no men of sense here have ever troubled themselves or the government with any vexatious question about the king's power in discharging a man from a praemunire , but not from a penal disability incurr'd , whereas by a praemunire ( as my lord coke shews us , inst. . c. . ) men are put out of the protection of the king , and disabled to have any action or remedy by the king's law or the kings writs , and exposed to many other dreadful punishments : i do now begin to wonder whence it is that the mistake in some mens minds hath come about a penal disability being so unremoveable . and thus i think too one might wonder how such as will allow the king's pardon to discharge one from an excommunicatio minor or major , do look on disability as such an anathematizing thing as is not to be touch'd or that cannot be quell'd by prerogative . can you guess whence it is that men have imbibed this mistaken fancy ? b. i shall frankly tell you what i think hath occasion'd it . it is most natural to all men in arguing to take the shortest course they can to bring their adversaries to what is reputed by all to be an absurdity ; and there being some disabilities that the law-books mention wherein property is concern'd , and wherein it appears as an absurd thing in any one who should say that they could be dispens'd with , and as for example , what the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tells us of disability , where a man is not of whole memory , which disables him so that his heir shall take advantage of his disability after his death : and where he passeth any estate out of him it may be after his death disanull'd by his heir , and which cannot be disanull'd by himself during his life . for it is a maxim of law , that a man of full age shall never be receiv'd to disable his own person : and for which he cites sir e. coke . and he had before spoke of disability by the persons own act , which is , if i bind my self that upon surrender of a lease , i will grant a new estate to the lessee , and afterward i grant over my reversion , in this case tho i afterward repurchase the reversion , yet i have forfeited my obligation because i was once disabled to perform it , coke lib. . f. . thus likewise it appearing to be against reason that men should be made iudges who are under natural incapacities to exercise jurisdiction , ( and such as vantius in his book de nullitatibus instancing in , as , surdus , mutus , perpetuò furiosus , impubes , saith , that quoniam defectus & incapacitas istorum à naturâ ipsâ provenit , ideo à quoquam etiam supremo principe suppleri non poterit ( quia etiam imperatori tollere non licet quae juris naturalis sunt ) an asserting of the power of prerogative in dispensing with such incapacity would be absurd ; and it would shew somewhat of laesa principia and of natural defects and incapacities in one who did rear suppositions of a prince's intending to employ such uncapables : and however nothing appearing to the first thought more ridiculous then a dispensing with incapacity of this kind , many may be so apt to think that incapacities enacted by penal positive laws , ( and by such laws perhaps as were made in terrorem ) cannot be dispensed with . but in fine , when we meet hereafter , i shall give occasion to both our thoughts for a higher flight , then they had in that poor low question , can the king dispense with penal disability ? and i shall shew you that where the king can as to any particular man relax the bond of his law , let the most penetrating wisdom of men or angels be employ'd in the settlement and invention of the most terrible penalties to guard the law , the person so dispens'd with is ipso facto and ipso jure freed from them all . he by being exempted from the obligation of that law is as innocent and free from any sin by the transgression of it , as the child unborn . the dispensation hath intercepted all the penalties ; hath absolv'd him à culpâ , and therefore à paena , and if you punish him , you punish an innocent person . a. you will then make a happy riddance of the vexata quaestio of disability , if you have not done it already . b. but now sir ▪ by wat of recollection as to what hath poss'd between us , either at this conference or the other ; if any thing occurs to your thoughts , by me either obscurely spoken ( and which you would wish better illustrated ) or what may seem in the least to reflect on our laws , or on the religion of the church of england by law establish'd , i do most earnestly conjure you now to name it to me . it is possible that for a month or two's time , we may not meet again , and therefore i shall be glad that our parting now may be without any offence given or taken , as to any of these matters premised , and in order to which , that while what hath passed between us is fresh in both our memories , any misunderstanding therein may be prevented . and i yet further give you the liberty in case any thing of the nature aforesaid , or of what nature soever shall occur to your thoughts after we are parted which we have discoursed of , and which you would wish better consider'd , that you would when we meet again freely impart it to me , and when if you can shew me that i in any thing have erred , i shall shew you my readiness not to persevere therein , and so we shall be both gainers , you will gain the vict●…ry and i the truth . a. i am sure i cannot oblige you more then by making use of the freedom you have offered me , as i should find occasion so to do : and for which at present i find but little . i was during our discourse of the interpretation ; of the oath of supremacy afraid that you would have le●…t some great words in it that relate to no foreign prince or ●… relate having any iurisdiction here ecclesiastical or spiritual , &c. under some clouds of doubtfulness , and thereby have seem'd to derogate from the honour of the oath , till i found that you both asserted the honour of the oath and of the government too by shewing it from the sentiments of my lord primate bramhal , and otherwise that coactive iurisdiction was thereby only meant . b. i must caution you with a nota bene to keep in your mind what i have both positively and argumentatively told you in obviating your scruples about the oath , and of the regal power of interpreting making the coast of the oath so clear to you , and how i have supported the honour of the english consciences of all considerate persons of the church of rome in harry the th's time , and of the church of england in edward the th's , by shewing you that their sense of the bishop of rome's having here no iurisdiction , was of no independent coactive iurisdiction , when they took the old oath of supremacy , and likewise of those of the church of england , who in queen elizabeth's time and ever since took the new one . and i need not tell you again that at the time of the making of the statute of o of h. . and of the revival of it by queen eliz. ( and wherein it was declared that archbishops , bishops , &c. have no manner of iurisdiction ecclesiastical but by , under and from his royal majesty ) both harry the th , and that queen , and the judicious in the clergy of each knew that as to their potestas ordinis which by virtue of their function they have to preach , and give the sacrament , and give orders , &c. it was derived from christ to the apostles and their successors , and that so likewise was the potestas iurisdictionis in foro interno , and that therefore none needed to suppose that either by harry the th's oath or queen elizabeth's , in the words of no foreign prelates having here any iurisdiction , &c. any power the pope could justly claim as a successor to the apostles was impeach●…d . and no doubt but harry the th being by that statute declared to be but a lay-man , no men of sense construed that statute to give him the exercise of any iurisdiction , or power of the keys in foro interno , as a successor of the apostles . the old distinction of bracton , l. . c. . that king's cannot excommunicate ministerialiter ( because they are lay-men ) but may do it authoritativè by appointing others to do it , gave satisfaction in harry the th's time , and might had it been thought of in queen elizabeth's reign have sav'd the labour of the interpretation in the admonition in removing the ferment that the oath occasion'd among protestant scruplers . but tho the preamble of the admonition referrs to some protestant clergy-men as the scruplers , yet the following words , viz. that her majesty would that all her loving subjects should understand that nothing was ▪ is ▪ or shall be meant or intended by the same oath , &c. shew her pious design of complaisance as to the consciences of her catholick as well as protestant subjects , and whose freedom from imposition of ambiguous or otherwise unlawful oaths she knew was purchased for both of them alike by the blood of christ. and you know i referr'd you to , sir iohn winter's observations on the oath of supremacy , as representing the oath by the help of queen elizabeth's interpretation in the admonition , and of the enacting of that interpretation in parliament , and of the interpretation in the th article , as lawful to be taken , tho possibly inexpedient on the account of scandal , and likewise to another roman-catholick writer , who on the account of those interpretations , thought it might both lawfully and without scandal be taken . and you and others who think that oath of importance for the securing the peace of the government , may thank the prerogative of regal interpretation for supplying the lamp of it with the oil that hath made it last so long , and which otherwise would soon have gone out in a snuff , as i shew'd you by the offence that was taken at it at home and abroad when it was first set up , and which now may perhaps help to illuminate the english world in the measures of loyalty so long as the sun and moon endure : that is , if you suppose that the use of oaths would endure so long . but , dii meliora . and it here coming into my mind that you in your somewhat airy way of discoursing of the oath , resembled it to a tender-sided ship girdled with so many interpretations , i shall take occasion further to impress it on your thoughts , that it is still the same oath , tho partaking of all those interpretations , and as we say of eadem navis toties refecta : and the several interpretations are not by you to be resembled to girdlings , but to its main inward beams and timbers that are become parts o●… it . moreover you know that a girdled ship by reason of the incompactness of its adventitious parts with the other , cannot last the fourth part of the time that another will. but you see how long this oath hath continued , and riding triumphantly in the sea of time , hath too carried out all its guns in stormy weather , and made the usurp'd power of the court of rome strike sail to our princes . yet i shall here take occasion from my having just now minded you of the interpretations of the oath inclining sir iohn winter and the other roman-catholick to judge of it as they did , to tell you that i have often wish'd that in the times of the three last reigns the power of interpretation had further exerted it self in the further clearing of any thing in that oath and in the oath of allegiance at which offence was by so many taken , however by the oaths not given : and that such interpretations had been approved in parliament , and particularly that the interpretation of the word heretical in the oath of allegiance , as being meant of contrary to the word of god , had brought all our roman-catholick brethren to the taking of that oath , as i told you that f. cressy thought it would have done , and who said that he believed that that was the sense intended by king iames in the word heretical . and i shall be glad if those interpretations relating to the oath of supremacy which succeeded those that sir iohn winter and the other roman-catholick took notice of , may in the event conduce to render it more acceptable to others of them : and the rather for that it is apparent that all the interpretations are consistent with the oath , and with one another , as from what i have spoken you may collect. but by so many other pious and learned roman-catholicks appearing not to be of the opinion that the interpretations of the oath mention'd by those two writers , may legitimate the taking of it , i have long wish'd to the oath all the additional clearness that law could give it , and that they would wish given who were required to take it . and as one doctor 's opinion for the justness of a litigants cause hath on his being cast in it , been allow'd to save him from being as a calumnious and rash litigator condemned in expences , thus so great a master in our israel and vindicator of our church from schism , as archbishop bramhal having given his opinion about the oath ( as i told you ) namely as to what related to the king's power in spirituals , and to no foreign prelate having any spiritual iurisdiction here , viz. this might have been express'd in words less liable to exception , i shall censure no man as a ca●…umniator of the oath who shall wish that any lawful interpretation may make those words less liable to exception . sir iohn winter ( as i told you ) having mention'd the explanations not being known to all , and their intricacy and the constant tendring of the oath for ●…o many years without the aforesaid explanation as likely to give just cause of scandal , &c. i must tell you i like not his words of the giving just cause of scandal ; but what i have shew'd you of many passages about the explanations which were not observ'd by him , and particularly of the th article affording only to the clergy a more favourable interpretation ( and which was enacted as to them in o eliz ▪ ) and of the canons of king iames first extending the benefit of that interpretation to the layety , and of the canons of king charles the first further explaining the th article , may justly incline you to wish that the sense of the oath did primâ facie appear as liquid to all as it now doth to us two . and i shall here take occasion for the propping up the interpretation relating to the oath made by those two princes in their canons , to tell you that as you accounted king iames his interpretation as good as queen elizabeth's , so you may account that in the canons of king charles the first , as good as that in those of king iames ; for that tho it is said by some that the canons of king charles the first were damned by the act of o car. . c. . yet the truth is , that that act leaves them in statu quo , and the last proviso in it doth only express those canons not being confirm'd by it . nor ( in my judgment ) did they need any confirmation from it : for that ( according to my lord chief justice vaughan's opinion that i have cited to you ) a lawful canon is the law of the kingdom as well as an act of parliament : and the consideration of this may shew you , that as queen elizabeth's interpretation in the admonition was perpetuated by the ensuing parliamentary approbation thereof , so the interpretations of those princes in those their canons confirm'd for them , their heirs and successors , are now binding to you ; and i pray god to incline you to keep this your solemn oath according to these interpretations of it . a. i thank you for this your serious and christian wish , and do give you my hearty thanks for what you have discours'd to me of the many interpretations relating to the oath , and the rendring them so consistent with it , and by means whereof i am sensible that the oath hath become more then res unius oetatis , and that without them it would not have been so much : and by which both the credit of the oath , and the quiet of the consciences of the takers of it have been preserv'd . and i am glad that the task of enumerating them all hath happen'd thus to fall into your hands , and that therein you have not ( as they say of young conjurers raising spirits that they cannot lay ) occasion'd any doubts in me about the oath but what you have fairly ●… and fully satisfy'd . and indeed you have laid some doubts that the two roman-catholick writers raising them , happen'd not to lay . throwing therefore by , any thoughts and expressions of mine of that nature which you censured as airy ( and as to which i submit to your reproof ) i shall prepare my mind with a decent temper both of delight and pious dread to contemplate my oath as now set before me , and as containing in it that clearness , and that majesty that may excite both those passions in me , and the real view of which i may some way compare to that in vision , ezekiel's terrible crystal . b. long may you live in this temper . i remember i have somewhere read it , that the oath by which the cardinals are bound to the maintenance of the church-privileges is drawn in such clear and powerful words , that baronius calls it terribile iuramentum , and saith , that the only remembring of it inflicts a horror upon his mind , and a trembling upon 〈◊〉 body . and i doubt not but when i shall at our next meeting discourse with you about our obligation from the promissory part of the oath that relates to the assistance and defence of the regal rights and privileges , you will think that every taker of it , ought to have some such sense of his remembring it , as baronius had about his terrible oath . a. but to go on according to the freedom you gave me , i remember you told me that you would not trouble me with any notions or moot points about the power of interpreting acts of parliament , and about which you cited sir christopher hatton's book of acts of parliament and their exposition : but i remember you have sparsim variously spoke of it , and you mention'd to me what king charles the first told both houses shortly after the granting the petition of right , that to the iudges only under him the interpretation of the laws belong'd , and that none of the houses of parliament , joint or separate either could make or declare a law without his consent . i suppose you intend here to lodge no snake in the grass of this regal power of interpretation , whereby we may be interpreted out of our magna charta and the petition of right , and out of our religion , or property . b. your supposal doth but right to my intentions . i have referr'd you only to facts , and leave you to make a due use of them , and shall when we meet again shew you further why i have thus referr'd you to these facts of the regal interpretation : and in the mean time you may take notice , that as to what i have mentioned as a notion out of the lord chancellor hatton , ( of which the intent and substance was , that if all the parliament were voluntarily assembled again and not by writ , eorum non esset interpretari dubium statutum , as the words are in the table of his book , chap. ▪ and with which the chapter agrees ) i told you i would not trouble you with it , and you may give it its transeat as a kind of curious impossible case . nor need you amuse your self about any consequences by me meant in what i told you of king charles the first , telling the three estates as they were feasting themselves with the noble concessions of the petition of right . i know nothing asserted by my lord coke in inst. ▪ chap. . of the high and honourable court of parliament , but wherein i own my agreeing with him , and particularly as to what he speaks of iudicature . and i doubt not but every one accounts that what he said inst. . c. . was very orthodox , viz. note , proclamations are of great force , which are grounded upon the laws of the realm . nor considering the exuberance of that great thing call'd bona fides that is to be expected from princes , need any man fear that there will be an exposition of abrogamus for statuimus in any of the declaratory proclamations that ours shall make . but because you have named magna charta , and the petition of right , i shall take occasion to cite to you a very popular authority to shew you that any proclamations our english monarchs shall make for the dispensing with penal religionary laws , will be but declaratory of magna charta , and of the petition of right . you know we have often spoke of the arguments in the parliament of . made by mr. bagshaw , who was pars magna of the faction then regnant , and by which those arguments of his were much celebrated . you may find some account of his character in heylin's history of archbishop laud , who mentions his being chosen reader for the lent vacation by the middle-temple in the year . and he in his first argument , viz. concerning the canons , p. . saith , liberty of religion and conscience are ( as i take it ) within the words of magna charta granted to me as mine inheritance , cap. . nullus liber homo imprisonetur ●…ut disseisetur de libertatibus vel liberis consuetudinibus suis. and liberty of conscience is the g●…test liberty . it is by a necessary consequence and deduction within the words imprisonetur . for put the case that the clergy make canons to which i never assented , and i break these canons , whereupon i am excommunicated , and upon a significavit by the bishop , my body is taken and imprison'd by a writ de excommunicato capiendo , now shall i lie in prison all the days of my life , and shall never be deliver'd by a cautione admittenda , unless i will come in and parere mandatis ecclesiae , which are point blank against my conscience . and he had before said , a comparatis : by an argument à minori ad majus ; if property of goods cannot be taken from me without my assent in parliament , which is the fundamental law of the land , and so declared in the petition of right , why then property and liberty of conscience which is much greater , as much as bona animi are above bona fortunae , cannot be taken from me without my assent . this it seems pass'd as currant coin for iudgment of parliament in behalf of liberty of conscience , in the conjuncture of , the year in which his book was printed : and if it were so then allowable , you may well think that a prince's owning the religion that flourish'd here in the time of magna charta ( and which inspired the virtue that produced magna charta ) and indulging some others of the same religion to profess it without punishment , is not likely to occasion any durable ferment . and what i have here referr'd to concerning the petition of right , minds me of the great effort of pious zeal in our famous bishop hall , and his laudably making use of the popularity he had among the protestants in sending a letter to the house of commons , april the th , . during the great ferment about that petition , and in which he gives so much fatherly and prudent advice to the great agonists for property , that they should consider when they were at the end of their race , and then to sit down and rest . he hath in it these tender expressions , gentlemen , for god's sake be wise in your well-meant zeal , and our liberties and proprieties are sufficiently declared to be sure and legal , &c. let us not in suspicion of evils that may be cast our selves into present confusion . if you love your selves and your country , remit something of your own terms . and since the substance is yielded by your noble patriots , stand not too rigorously upon points of circumstance . pear not to trust a good king , who after the strict laws made , must be trusted with the execution , &c. relent or farewel welfare . you may hence easily imagine how passionately that good bishop would have been concerned if he had then seen among the patriots any unquenchable heats about the not trusting the king with the executive power of penal laws , and laws in terrorem , and such laws as mr. glanvil in the ' month after the date of the bishop's letter , said in a full committee of both houses , that the commons must and ever will acknowledge that it is in his majesty's absolute and undoubted power to grant dispensations in , as i told you . in god's name , often think of that great patriotly saying of tully so often with just applause cited by sir e. coke , major haereditas venit unicuique nostrum à jure & legibus quam à parentibus : and you may account him a prophane person who despiseth his birth-right given him by the law. and pity any one who speaking of his property , doth not know this to be the meaning of it , namely that it is the highest right he hath or can have to any thing , and which is no way depending upon another man's court●…e . and consider , that as you have a property in your chattels and hereditaments , so you have in your religion . think often with honour of our ancestors , who by so many acts of parliament , and lawful canons and constitutions since the refo●…mation , provided for the securing your property in your religion ; and remember how binding the very declarative laws about it are . cast your eye with pleasure about the realm , and see if you can find any one who fears that any one will ever move in parliament for leave to bring in any bill to take away the least part of your property in your religion . but then consider how savage a thing it is in any to take excessive delight in the execution of penal laws . ferus est qui fruitur paenâ : and remember too that your prince hath a property in the executive part of the law , and in distributive justice and in shewing mercy . and when you hear any one telling you of a snake in the grass of the prince's dispensing with penal laws , and that therefore there may be danger of your prince's dispensing in laws that are leneficial ; you may tell him of the notorious non-sequitur , and that you have a property in not being punish'd , and in having the benefit of the rule as to favourable statutes , being made more so by interpretation : favores sunt ●…mpliandi , and on the contrary as to penal ones that odiosa restringi convenit . and so to any such impertinent objecter you may say that the voice or sound of his snake , and the goose are all one . but consider that since you have so much cause to depend on the glorious and consummate justice inherent in the nature of our great monarch for his defending you in the security of all the declaratory acts of parliament that maintain your very property in your religion ; both iustice and common ingenuity call upon you to own his power of dispensing ( and even with disability ) for which i have shewn you so many clear and incontestable declarative iudgments of parliament , and shall direct you to more when we meet again . and let me tell you that you ought to have the greater tenderness for this prerogative of our prince ; for that in his administration of it , he hath in some points shewn a greater tenderness to his laws and people then our princes since the reformation have done . you may remember i shew'd you how queen elizabeth and king iames did by their authority out of parliament make things penal by disability that were not so by any law in being , and therefore you may the less wonder when you see your prince dispensing with it , and thereby preventing the punishment of it , and sometimes and in some cases pardoning it . a. i shall carefully take notice of all these matters wherein you have caution'd me : but am here occasionally on the account of some things you said about the interpretation and the acquittal from penalties in the queen's admonition being perpetuated by their being declared good in parliament , to ask you if you do not account that dispensations or such interpretations of the prince by his own single authority , may be made to continue good in following reigns ? b. i do not in the least doubt but they may ; and i shall hereafter evince the thing to you : but shall at present out of a manuscript report i have of the great case of thomas and sorrell , tell you that by one of the great councel who argued in it , it was asserted with great learning , that the non-obstante in that case remain'd good after the king's death . that tho acts the king doth in his natural capacity determine by his death , as making of iudges , &c. ( for those referr to his natural will ) yet things done in his royal capacity as king , do not determine by his death : as a license to alien in mortm●…in ▪ in one king's time serves in anothers ; and the reason is when the subject is once exempt out of the restraint of the act he is ever exempt , unless the exemption be limited , coke . inst. . . if the lessor licence his lessee that is restrain'd , by condition not to alien , tho the lessor die , the licence shall serve the lessee to alien , and is not determin'd by the lessor's death . and in this point he cited trin. . jac. c. b. rot. . wright versùs radcliffe , and trin. . jac. norris v. mason . c. b. as cases adjudged in this point . and i shall then shew you how the same thing was then by others asserted : but you may now for this purpose remember how the instances i have given you of queen elizabeth's parliaments approving and declaring to be good , what she did of this kind , and the instances of what others of our princes did by their own authority and out of parliament being valid , and being afterward approved in parliament , have supported the extent of the regal authority of this kind , as to point of time . but because according to the rule of unumquodque dissolvitur eo modo quo colligatur , many indulgences , and injunctions and dispensations being revocable by kings themselves and by their successors , and because declaratory acts of parliament cannot be repeal'd but by other acts , common prudence doth suggest it to all to endeavour the perpetuating to themselves by the legislative power what they account beneficial . and if you will , you may use the term of having it confirm'd by that power ; that is , if you will allow it to have been firm before , you may call it confirm'd by the prince , and the three estates afterward enacting it , and making its firmness perpetual . and this is the thing i aim'd at in what you might take for a criticism when i said , that the articles owed no confirmation nor authority to the act of the th of eliz. a. i know the reason of your cautious speaking here about a tender point . you accounting even every declaratory judgment of parliament for our religion to be a treasure , and having often said that you would allow some roman-catholicks to mock on in calling our religion a parliamentary religion , did ( i judge ) design to do honour to our religion as well as to our prince's , in shewing that it was here orderly establish'd by god's vicegerents , before it was by the deputies of the people , or the magnates regni . b. you guess right at my meaning in this way to salve phaenomena . and if you will look on a book printed in oxford , a. . entituled parliaments power in laws for religion , or an answer to that old and groundless calumny of the papists nick-naming the religion of the church of england by the name of a parliamentary religion , &c. you will find the fact in this point clearly deduced through the course of our laws and constitutions in a long series temporum from the reign of harry the th downward , and for the honour of our kings and of the church and the reformation ; and the measures i have taken in our discourse have been suitable to those of the judicious and learned author of that book . a. well sir : we have had a great deal of frank discourse , and i will now take the freedom to put one question more to you . you have entertain'd me with the several interpretations of our oath , and have shew'd me how the obligatoriness of them all hath been perpetuated : and you have likewise ▪ salved the phaenomena in the iustice of the government as to the laws in terrorem . but you know the story of one who being lord of a place did leave a pit long open too near the high-way , and who at night erected lights about it to prevent its being mischievous : and he afterward , hearing that sometimes poor blind men who were travellers fell into it and that at other times by various accidents the lights were not helpful to other passengers , as being took away , or going out too soon ; and he therefore at last very fairly removed both his nuisance and lights together . and now may it hot be wish'd that the prince and the three estates would remove the laws about our oaths and the interpretations too , and so likewise all the laws in terrorem , ( among which i suppose you reckon the test-acts ) at which so many have taken offence ? b. you may easily guess that till we have both of us at another meeting discours'd of the obligation resulting from the promissory part of the oath , i will not engage your thoughts in any matter of controverfie that may in the least perplex them . but as soon as we have fully discours'd that , i shall frankly give you my thoughts at large relating to the question about repealing of the test-acts in a parliamentary manner : but do at present wholly forbear to mention what i think thereof . and i have before told you my judgment of the likelihood of the continuance of our great oath as a great luminary that may perhaps enlighten our english world in the measures of loyalty to the end of time ; and as i have told you the oath giveth no offence to the considerate , so i will hope none will be taken at it . but i must here tell you , that i have a greater veneration for the oath , because i look on the serious consideration of the assertory part of it as likely to be very instrumental in allaying the ferment we have been speaking of . a. god grant it may be so . b. you remember what i hinted to you about the clause whereby you testify'd and declared that the king is the only supreme governor of this realm as well in all spiritual or ecclesiastical things or causes as temporal , ( and from whence it follow'd by way of natural consequence , that no foreign prince , &c. hath any iurisdiction within this realm ) being the corner-stone on which the great and therefore , i mean , your forsaking foreign iurisdiction was built . and i assure you that the same first declaration doth bind you to the like and therefore to renounce the belief of any power on earth being able to dissolve your king 's right of commanding your obedience , and your obligation to obey him . and indeed if i had produced to you no iudgment of parliament for the purpose i have done but that which is contain'd in the assertory part of the oath , ( and which is unanimously interpreted by divines and lawyers , as expressive of the king 's right jure naturae to command the obedience of all his subjects ) it might have sufficiently satisfy'd you therein : and if at our next meeting you will have me dilate more on what our lawyers have said about the point of the debt of our natural allegiance , i shall do it . a. our great lawyers judgments in that point being known may be variously useful , and directive to the many illiterate and presumptuous reflecters on the exercise of prerogative ; and especially if so learned and so popular a lawyer as sir edward coke shall be by you further cited in such a case . and so what you shall acquaint me with as from any such one of them shall be kindly welcome . b. what you have now said brings it into my mind how that great popular man sir edward coke was cited for this purpose by that great popular man sir william iones in his learned argument in thomas & dorcel's case , and where he did so much right to the dispensative power . a. what ? did sir william iones maintain the king's power of dispensing with acts of parliament ? b. yes , and ( i believe ) was never censured for so doing by any one . a. i pray tell me what was said by him in his argument . b. then according to the very learned and judicious and candid manuscript report i have of the case , thus it was , among the three points made , the first being if the non-obstante in the patent of king james was good against the statute of edw. . jones agreed that the king may by non-obstante dispense with a thing prohibited by statute if the thing were lawful before the statute were made . and he afterward said , that a dispensation to one and his heirs was never good but only in that of a sheriff . . h. . . grant of a shrievalty in fee non-obstante the statute . but coke . r. . calvin's case ; the reason of that is because the king hath interest to have the service of all his subjects by the law of nature . and the truth is , that on this noble and great consideration it is that our divines who have treated of the oath of supremacy have fix'd the reasonableness and intent of that oath , and of the king 's having a right to command the obedience of all his subjects , upon the basis of the law of nature , as well as on the divine law positive . and thus too the style of the acts of parliament about the oath of allegiance runs , and which acts you may consult if you want any more iudgments of parliament about the indissolubility of the king 's right to command the obedience of the subject , and of the subjects duty to obey , before we meet again . the reasonableness of the words in that oath contain'd in the statute of tio . iacobi , viz. of declaring that the pope hath no power to discharge any of his majesty's subjects of their obedience , appears from its being call'd in that statute their natural obedience . and the putting in practice the perswading or withdrawing any of the king's subjects from their natural obedience to his majesty , or to reconcile them to the pope or see of rome is there made treason . we will speak more of other statutes of this nature at our next meeting . and in the mean time let me observe to you how as in the conjuncture of the exclusion so many were infatuated as for fear of popery to come , to run upon the very court of rome-popery at present , namely that of dominium fundatur in gratiâ , so likewise many mens fear of the belief of perhaps some religionary tenets of popery gaining ground for the future , hath hunted them upon the popery of thinking that subjects can in part , or in whole be discharged from their natural obedience to their prince . a. i thank you sir , for suggesting that to me : for the truth is the tenet of thinking it lawful so to discharge subjects from such their natural obedience , is the very odiosa materia charged by so many on the councel of lateran . b. you say right . but however let me occasionally advise you not to charge the odious matter in that councel on the communion of the church of rome . for i shall tell you that the great writers of our church did after the real plot of the gun-powder-treason pursue such noble methods of christian charity , as with an intent of improving the principles of loyalty and allegiance among all our roman-catholick countrymen , to endeavour to prove with all their learning that the decrees of that councel obliged no papist in point of conscience . king iames in his works calls it but a pretended councel , and dr. donne in his pseudo-martyr endeavours to prove it no councel . moreover bishop bilson in his learned works for maintaining the oath of supremacy , saith that nothing was concluded in the councel of lateran . i have here on the table his book call'd , the difference between christian subjection , and un-christian rebellion , printed a. , in which his learned and iudicious assertions and explications of the regal supremacy , and of our moral offices to defend the same are comprised : and there in part . p. . you will find what he saith of the lateran councel . a. i have not the book , and shall be glad i may borrow it from you , that thereby i may have the better prospect of the measures of our divines in their sense of the assertory part of the oath of supremacy , as making the rights of our kings to command the services of all their subjects , to be indissoluble . b. i pray take it along with you . and i am the rather desirous you should do it , because in this crooked and perverse generation many who strain their consciences by the inobservance of the oath , may be so vain as to fancy that others strain the oath who endeavour ( as i have done ) to build the right of our kings to command the services of their subjects , on its so firm foundation . he was trusted by the government to write on the subject of the oath , and so his authority is of the more weight : and i shall here at parting read to you what he saith in part . p. . where he so well insinuates it , that the prince can freely permit , safely defend , generally restrain , and externally punish within the realm : but in p. . having spoke of the true supremacy of princes , he saith , this is the supremacy which we attribute to princes , that all men within their territories should obey their laws , or abide their pleasures , and that no man on earth hath authority to take their swords from them by iudicial sentence , or martial violence . and he there had before said in his margin , the sword of princes is supreme , in that it is not subject to the pope ; and must be obey'd of all in things that are good . what he saith likewise in p. . there is worth your reading , where he makes the word supreme to be a plain and manifest deduction out of the th of the romans , let every soul be subject to the superior powers . if all men must be subject to them , ergo they are superior to all : and superior to all is supreme . he then thus goeth on in his dialogue-way , phil ▪ s. paul maketh them superiors over all persons , but not over all things . theop. that distinction is ours , ( meaning protestants ) not yours : we did ever interpret supreme for superior to all men within their dominions . phil. and so we grant them to be but not in all things . for in temporal things they are superior to all men , in spiritual they are not . theop. that restraint comes too late : the holy ghost charging you to be subject to them simply without addition . it passeth your reach to limit in what things you will , and in what things you will not be subject . and he there saith , out of all question where princes may by god's law command , all men must obey them not only for fear of wrath , but for conscience sake . to this purpose too he asserts the supremacy in the following page : all men are bound to be subject to the sword in all things , be they temporal or spiritual , not only by suffering , but also by obeying : but with this caution , that in things that are good and agreeable to the law of god , the sword must be obey'd , in things that are otherwise , it must be endured . at the same rate you will find him writing in his third part , p. . the word of god bindeth you to obey princes , the words of men cannot loose you . but if you will there take notice of the fire of his zeal breaking into a flame at the thoughts of the displacing of princes from their thrones , and of the discharging of the people from the oath and obedience toward princes , he saith that they who will go to that , turn religion into rebellion , patience into violence , words into weapons , preaching into fighting , fidelity into perjury , subjection into sedition , and instead of the servants of god , which they might be by enduring , they become the soldiers of satan by resisting the powers which god hath ordain'd . a. i thank god i am a member of the church of england that may value it self not only on its doctrine of non-resistance , but on its doctrine of positive assistance and defence of all iurisdictions , privileges , pre-eminences and authorities granted or belonging to the king , &c. or united and annex'd to the imperial crown of this realm . b. and how from this great promissory part of our oath , our obligation to assist and defend the iurisdiction , privilege , pre-eminence and authority of the dispensative power in particular , granted or belonging to the king , and united and annex'd to the imperial crown of this realm doth arise , we will at our next meeting consider , and when i will likewise shew you that the prerogative royal is a part of the lex terrae . the end of the second part . notes, typically marginal, from the original text notes for div a -e . ex rot. parl. in turr . l●…nd . in . ed. tertii . iustifiables in the french originals . quaere , whether not able todo justice , or not to be juststify'd in their employment as improper for it . christvs dei, or, a theologicall discourse wherein is proved that regall or monarchicall power is not of humane but of divine right and that god is the sole efficient cause thereof and not the people : also, that every monarch is above the whole common-wealth and is not onely major singislis, but major vniversis : written in answer to a late printed pamphlet intituled observations upon some of his majesties late answers and expresses. jones, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing j ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) christvs dei, or, a theologicall discourse wherein is proved that regall or monarchicall power is not of humane but of divine right and that god is the sole efficient cause thereof and not the people : also, that every monarch is above the whole common-wealth and is not onely major singislis, but major vniversis : written in answer to a late printed pamphlet intituled observations upon some of his majesties late answers and expresses. jones, john, d. . morton, thomas, - supposed author. [ ], p. printed by h. hall ..., oxford : . attributed to john jones. cf. dnb. attributed also to thomas morton, bp. of durham. cf. nuc pre- . reproduction of original in bodleian library. eng parker, henry, - . -- observations upon some of his majesties late answers and expresses. divine right of kings. theology, doctrinal. a r (wing j ). civilwar no christus dei, or, a theologicall discourse wherein is proved, that regall or monarchicall power is not of humane, but of divine right, and t jones, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion christus dei , or , a theologicall discourse , wherein is proved , that regall or monarchicall power is not of humane , but of divine right , and that god is the sole efficient cause thereof , and not the people . also , that every monarch is above the whole common-wealth , and is not onely major singulis , but major universis . written in answer to a late printed pamphlet intituled , observations upon some of his majesties late answers and expresses . pet. . . subjecti estote omni humanae creaturae propter dominum , sive regi quasi praecellenti . submit your selves to every ordinance of man , for the lord's sake , whether it be to the king as supreme . oxford , printed by h. hall . an. dom. m. dc . xlii . christus dei , or , a theologicall discourse , wherein is proved , that regall power is not of humane , but of divine right , and that god onely is the efficient cause thereof , and not the people . preface . there is a booke come forth of late , barely intituled , observations upon some of his majesties late answers and expresses , without any name of the author or place where it was printed . wherein the observer ( soe i must call him not knowing him by any other name ) aimes cheifly and directly to prove ; that the hereditary , regall , and monarchicall power of our now present dread soveraigne king charles , is inferiour and subject to the power of the now present parliament . which to evince he undertakes to lay downe the originall foundation of all regall power whatsoever , according to the efficient and finall causes thereof . and having made the finall cause to be the safety of the people , together with their civill or politicall happinesse ; he also makes the efficient cause to be , not god , but onely the people , and the instrumentall cause of conveying and deriving this regall power to be , not any divine law , nor nothing else ( amongst christians ) but the meere humane pactions and agreements of the politique body of the people . and then arguing by a rule in nature ; that quicquid efficit tale est magts tale , he issueth out this just inference ( as he calleth it ) that though the king be singulis major , yet he is universis minor , and therefore inferiour and subject in power to the parliament . having perused this discourse , and finding it to be most injurious to regall power or monarchie , contrary to the true principles of state and divinitie , or orthodox christian doctrine : i thought i might doe my king and country good service , to confute these desperate and more then dangerous positions , by declaring and proving the true originall foundation , according to the finall and efficient causes of regall or monarchicall power : which ( with gods good helpe ) i hope to do perspicuously in the few ensuing paragraphes . §. of the primary finall cause ; as also of the efficient cause of all civill societies or republiques . because whatsoever is done , is done for some end or purpose , without which it should not have beene done , nor had a being : therefore it is the constant doctrine of all philosophers , that the end is the cheif and principall of all causes : and therefore , for methods sake i will begin with it . now to find out the primarie end of all civill societies or commonwealthes , we , that are christians , must reflect attentively upon those words of the holy ghost . prov. : . universa propter semetipsum operatus est dominus . by which we are ascertaind , that god almighty created not only all other creatures , but all mankind also , as for their primarie end , for himselfe , and his owne praise and glorie . and as for man in particular , god created him to his owne image and likenesse , endowing him with an understanding and a will , that he might know how to honour and love his creator , and by such love and honour might finally become happy in the fruition of his eternall , unspeakable and inestimable glory in heaven : for means whereto , first god dictated certaine divine precepts and principles unto man , and imprinted them with his very creation upon his naturall reason ( for which cause they are called divine naturall lawes written in every mans heart , saith saint paul rom. . . ) that every man might be equally capable to know them , and equally obliged to obey them . secondly god infused into him faith , hope , and charity , and other supernaturall virtues , all tending to this conducement , that man following them as his guides , might , through his obedience to god , attaine to his owne salvation . thirdly to bind man more strongly to his subjection , and to make it appeare more illustriously unto him , that therein principally consisted his welfare , as the very end and center , for and to which he was created , he gave him an expresse divine law , not to eate of the tree in the midst of paradise upon paine of death . fourthly , by revelation he instructed him in many particular sacred formes and rites of exterior divine worship , as sacrifice and others ; for though we read not anywhere in holy writ , that adam offered sacrifice , no more then wee do of isaac ; yet wee read there that cain and abell did , and that abraham and iacob did . but it cannot be imagined that cain and abell were the first inventors of this most , religious and divine worship , ( noe more then that isaac did neglect it ) but that by paternall tradition and example they received it from adam . all which duely considered ; it will appeare evidently , that the primary end for which all men are created , is to serve , honour , love , obey , & worship god . from whence it followes ; that this being mans highest and principallest concern , it ought also to be his highest and principallest care to attend to it . but most certaine it is , that men , living divided and scattered over the face of the world without the instruction and assistance one of another , cannot possibly performe this for every particular mans behoofe , as is requisite . and therfore from this finall cause arose primarily a necessity amongst men to unite and combine themselves into civill societies and common-wealths . this end could not be prefixed by men ; but men were created for this end by god . and therfore this is the primary , spirituall , supernaturall , and divine finall cause of all republiques , to which every other end must be but secondary , subordinate , and subservient . and from hence it followeth further , that since on the one side no naturall agent can by it's naturall power compasse the attaining of a supernaturall end ; and on the other side civill societies ought not to be instituted in vaine : we mustneeds conclude , that the primary efficient cause of all common-wealths is only god . §. . of the secondary finall cause , and also the onely efficient cause of all civill societies and republiques . every creature in the world strives to preserve its owne kind . wee see what paines and care beasts and birds take to reare their younglings . trees and plants beare fruites and seeds to produce the like when they are perished . yea , the inanimate creatures ( according to their predominant element and mixture ) strive every one to obtaine and enioy their center . and all this not only for their owne particular , but also for the harmonious accommodation and preservation of the vniverse , the great and most excellent worke of nature , wherin shee doth nothing in vaine . but in vaine had man been , if he also had not been provided of necessary meanes towards the preservation of his kind . for which cause god said it was not good for man to be alone : and therfore gave him a woman to be his helper , that so by meanes of generation he might propagate his ofspring to the worlds end . this preservation then of mankind is the maine naturall and secondary end of man . and to this end god gave him his blessing to increase and multiply from whence ariseth , that of necessity there must be at least private families . but man and woman finding ( by woefull experience ) most true what god said to adam and eve ; that hee should eate his bread in the sweat of his browes , that shee should bring forth her children in paine , found also presently , that every private family is not sufficient of it selfe to maintaine this worke of preservation , without the helpe of one another . for first , to say nothing of womens deliveries in child-birth , which cannot possibly alwaies and every where be performed requisitely by themselves and their families , without the helpe of some other , or others : and yet even upon this the preservation of mankind holds a most necessary and principall dependance . i will only speake of mans part , who with the sweat of his browes , with extreame toile and labour must provide food and cloathing , and all other necessary supports and sustentations for his family . but to doe this , he must of necessity ( i speake not of barbarous inhumane people ) have some certaine place of aboad ; and in this he must have some peculiar right , some propriety of possession , by virtue wherof he may reape the fruites of the earth , and maintaine his cattel . and how shall every private family be able to doe this with securitie ? will not every one strive for the best possession ? will not the shepheards of abraham and lot , and of isaac and gerara fall to contention for water & pastures , and such like other necessary elbow roome ? and in these uncivill and unsociable quarrels , must not all private families be made like to the fishes of the sea . hab. , . . where the stronger must devoure the weaker . secondly god endowed man in his creation with an understanding and a will . this understanding is of that infinite capacitie , that it hath for it's adaequate object omne ens as it is verum . and man therefore is in perpetuall and restlesse search of knowledge , to perfect his understanding by experience and learning . the will also hath for her adaequate object omne ens as it is bonum ? and man therefore is in perpetuall pursuite of reciprocall love to perfect his will by friendship and justice . over and above these god gave to man the facultie of speech , to be the reciprocall conveyance of learning and friendship . so as for this verie reason arisiotle said excellently well , that man is by nature a sociable creature , for neither learning , nor friendship , nor justice ( in which consists essentially mans civill or politicall happinesse ) nor safety or securitie ( which is the only preservative of mans verie being ) can possibly be acquired and maintained in the division of men in their private families . and therefore for this verie end it was naturally necessary for men to unite and associate themselves into civill societies and communities , that soe they might preserve their kind . from the learning , experience and industrie of the understanding proceed all arts , tillage , manufactures , trade and traffique , which bring in gaine , and that brings plentie from the freindship and justice of the will proceed peace and securitie : in which secure peace and plenty consisteth perfect salus populi . now since this cannot be had in divided private families , and without this there can be no preservation of mankind , it followes , that civill societies or commonwealthes are naturally necessary . whose naturall finall cause is truely and only ( in the manner as i have explicated ) salus populi . now furthermore , seeing that a commonwealth is not the designe of art and invention of particular men , nor of any positive law of theirs , but proceeds from the common necessity of all mankind , intimated unto them by the law of nature , of which god is the sole cause and author ; it followeth , that the officient cause of all republiques is onely god . §. of the finall and efficient cause of civill power in a common wealth . as for the finall cause there is little or no difficultie ; for seing that the finall cause of every thing must needs be that , which that thing necessarily referres unto , as to it's end for which it is done or hath it's being : it is manifest , that since civill societies have for their naturall and secondary finall cause salus populi ; the power also which must not be ad destructionem , but ad adisicationem , to maintaine those civill societies , can have no other finall cause , but that whereunto they direct and are directed , which is salus populi . the materiall cause in which this power originall , resides and inheres ; as the forme to make up a compleat body of a common-wealth , is the people . and so the observer saith verie well in this kind of cause ; power is originally inhaerent in the people , most certaine then it is ; that even at the very first uniting themselves into a civill societie , there is an inhaerent power in the people to governe themselves , and by such government to preserve themselves in safetie . for this is the onely necessary naturall end for which they met ( as i have shewen before ) that they might be able and powerfull to secure themselves , and preserve their kind . but this meeting would have beene in vaine , and this preservation wholly made frustrate , if there were not this power inhaerent in them . if in the naturall body of man there were not an interiour directive governing power to guide every particular member in the operative use of it's function , and to contrive those operations to the mutuall good of one another , and the conservation of the whole man ; that body could not possibly but suddainly perish . for if the teeth will not chew , nor the throat swallow , nor the hands reach , nor the feete stirr , nor the eyes look out , when nature requires her necessary food , she and they & all must sterve . so in a politicall body ; if all members should doe but what they list , and should not be compelled by some absolute power to contribute their strengthes and endeavours to the preservation of one another , and the whole communitie , it would be but regnum in se divisum , that of necessity must fall to desolation , as the holy ghost confirmes also elsewhere , saying , proverb . . . ubi non est gubernator dissipabitur populus . the maine difficulty is : who is the efficient cause of this power . wherein , not to be tedious to my reader , but to yeild him the satisfaction of his expectation in a breife and resolute answere , i present unto him this decretorie assertion . this power is not a humane but a divine right ; and god only is the immediate efficient cause thereof . this i prove by five arguments . arg. . there is a rule in nature ( to use the observers owne words ) quod dat esse dat consequentia ad esse . but the esse of a republique cannot have a simpliciter esse without the esse of this power . therefore he that is the efficient cause of the republique , is also the efficient cause of this power . but ( as i have prov'd before § . . n. . ) god is the sole efficient cause of all republiques , therfore he is also the sole efficient cause of this power . arg. . the primarie finall cause of civill societies ( as i haue prov'd § . . ) is divine worship ; which man could not prefix to himselfe as his end , but he was created by god for and to that end , and only god prefixed that end to man . therefore this is a divine end which cannot be atcheived without a divine power ( as i have alsoe proved in the same . § . n. . ) only god then is the immediate efficient cause of this power . and from thence it proceeds , that kings , acknowledging themselves to have received this divine power principally for this primary end , their oathes at their coronation are ( as the observer very grutchingly granteth ) more precise in the care of canonicall priviledges , and of bishops and clergie-men , then of the commonalty ▪ and not from the reason which he gives . viz. because they were penned by popish bishops . for whether the bishops were popish or protestant , surely they are not to be blamed ex hoc capite , but most highly to be reverenced , that according to their profession & dutie they put kings in mind , in the first place , of divine worship , and their owne and their peoples eternall salvation depending thereupon . and i cannot understand why the observer should give that reason , but only to seduce the vulgar into a base and profane misconceiving and vilifying of the royall power of kings , and their sacred oathes . for , popish , without all doubt in his dictionary signifieth superstitious at least , if not idolatrous . but , if it be superstition for a man to be more precise in the care of divine worship , and his soules everlasting salvation , then of any other his remporall end or affaire ( see § . . n. . ) in vayne then have all christians hitherto beleeved that they were in a true religion . let the observer consider what censure he deserves for thus finding fault with kings oathes , and whether hee gives not just cause of suspicion , that he is rather an athiest then a christian . it is well known to all christians , that quaerite primùm regnum dei & justitiam ejus is no invention of popish bishops , but our blessed saviours owne doctrine and rule , not only to bishops , but to all kings and people whatsoever , as the ! principall , to which as an accessorium followes , & haecomnia adjicientur vobis : mat. . . arg. . when private families first joyned themselves into a common body of societie , before any condictum , paction , or agreement amongst themselves , to enact positive lawes for their government , there was an inherent power in them to enact : such lawes . for who can make a law without a power ? but this power , not being the effect , but the most necessary cause of all humane pactions or positive lawes , cannot have it's origen from man , but only from god . ergo god is the sole efficient cause of this power . arg. . when men first associated themselves into a commonwealth , they were all of equall right and power , so that none ( i speake of severall families still as before ) could challenge superioritie the one over the other . for , this divine naturall power , viz. se defendere , et vim vi repellere , was inherent in every one of them , and obliging them . the power then which accrewed to the aggregation of the whole societie , was not made but brought , as being no other then what was in all and every particular member of that society before . but that is a divine power and the immediate effect of god . ergo . and indeed in the due managing or excercising of this divine naturall law of se defendendo , and vim vi repellendo consists totallie the security and salus populi , and the power of the commonwealth to maintaine it . arg. . god almighty is so solely the legislator and author of his owne lawes , without the concurrence or consent of any other counsell , ( quis enim consiliarius ejus fuit , aut quis prior dedit ei ? rom. . . ) that they have their establishment onely in and by his owne will . so that noe power whatsoever of his creatures , can by any contraition against him , invalid or annull those laws . but non occides is a divine naturall law and precept expressed in the decalogue . therefore no pactions or agreements of men can give this power of putting a man to death , no more then cain could kill abel . but on , the other side it is manifest , that republiques have a lawfull power of putting men to death , without which they could not preserve their owne safety . therfore they have it from god . and how soone god gave this power to men i know not , nor cannot find , untill after the floud ; when genes . . . we read this expresse positive divine law and precept given to the civill magistrate . quicunque effuderit humanum sanguinem , fundetur sanguis illius . §. . of the efficient cause of regall power . the finall cause of regall power must of necessity be the same that is of the commonwealth , because the king is the administrator of the power of the commonwealth , to the same end no doubt , for which it was first ordained : of which having spoken largely before , i have no need to say any thing here . the maine question is , who is the efficient cause of regall or monarchicall power ? which the observer boldly averres to be , not god , but the people . and upon this false ground hee vents all those swarmes of false inferences throughout his whole discourse . but before i lay downe the true resolution of this question , i must desire my reader to marke with good heed the great difference that is betweene the power it selfe of a commonwealth , and the authority to administer that power : for the people may be the efficient cause of this second , though not of the first . as for example , the aldermen of london may elect , nominate , and constitute such or such a man to be their lord major to administer the power that belongs to the corporation of that city : and herein they may be the efficient cause of his authority to administer the power of the city , but not of his power ; because that is the guift of the king by his charter , of which his majesty therefore is the onely efficient cause , and not the aldermen , nor all the people of that corporation whatsoever ? i have proved all along in the precedent § . that the civill power of a commonwealth , is not a humane , but divine power , of which , not the people , but god onely is the efficient cause . it is true indeed , that it is in the voluntary election of the people to authorize one , or few , or more with the administration of this power . and as long as this authority is still elective in the people , they may by consent of the major part alter their forme of gubernation into democraticall oligarchicall , aristocraticall , or monarchicall , as they please . and herein the observer saith truly , that god is no more the authour of regall , then of aristocraticall power : for whether this power be in many , or in one , it is still the same divine power of the common-wealth , though diversly administred , of which god onely is the efficient cause . but when the people have once resigned up all their authority into the hands of one , and his heires for ever , so that now it is not any longer elective in them , but hereditary in him : then not onely the power , but the authority also to administer that power is solely inherent in him and his heires , unalterably and irrevocably for ever . this then is my first assertion . the efficient cause of regall or monarchicall power , is not the people , but onely god . i speake in this assertion , not of conditionall princes , but only of absolute kings , and monarchs . my first proofe then is . when the people create a king , they elect his person , and authorize him with the administration of that absolute power which is inherent in the whole commonwealth to governe it selfe : otherwise hee is no absolute king , of whom onely i speake , and so doth the observer also . but this power ( as i have proved ) is not an humane , but a divine power , of which god onely is the efficient cause . therefore god onely , and not the people is the efficient cause of regall power . my second proofe , god saith expresly , prov. . . per me reges régnant , &c. then their dominion or power by which they reigne is immediately from god . christ saith to pilate , ioh. , . non haberes potestatem , &c. nisi tibi datum esset desuper . then this power is not from below from men ; but from above , from god . saint paul saith , rom. . . omnu anima potestatibus sublimioribus subdita sit : non est enim potestas nisi à deo. and , qui resistit potestati , dei ordinationi resistit . and , non sine causa gladium portat . for what cause ? dei enim minister est , vindex in iram &c. then regall power is divine power and the ordinance of god , wherein the king is not the peoples , but gods minister , as being invested and annointed interiorly in his person by him with a divine power ; of which the exterior unction is a sacred , ceremonious , commonefactive and solemne testimonie . and for this cause , cyrus though a heathen king is called by god himselfe . isay. . . christus mens , gods owne annointed . the holy king josaphat saith to those whom he had constituted judge . . paralip . . . non hominis exercetis judicium sed domini . then it is not a humane power , but a divine power by which the king doth judge & rule his people . from hence i inferie two corollaries . the first . that there is a twofold trust in the king . the one of his power . the other of the administration of his power . the first is gods trust unto him to exercise his divine judgments . the second is the peoples , to administer it propter salutem populi . but if he swerve herein , seeing that the power is divine & residing and inhering only in him , and not in the people , he is not liable to the people , but only to god . the second corollarie . as god is the sole efficient cause of regall power ; so the instrumentall cause which conveies this power , is the divine naturall law obliging men to unite themselves into civill societies . for god gives a power to men to governe themselves by obliging them to unite themselves . and consequently the election of the people ( with all the observers pactions & agreements ) is but causa sine qua non , by way of approximation , that this divine power may reside in those few , or more , or one rather then in any other . as in my former example . ● . . the efficient cause of the lord majors power is only the king . the instrumentall cause by which this power is derived unto him , is the charter of the citie , granted to them at pleasure , more strictly , or more largely by the king . and the aldermens election of this or that particular man , is but the approximation , that the kings power may reside in him to governe the cittie , rather then in any other . my second assertion . every absolute king ( invested and annointed with a divine power by god himself to exercise his judgements , through the election of the people to be sole administrator thereof ) is in power super totam rempublicam , superiour absolutely over the whole commonwealth . and therefore is not only major singulis , but major universis , and super omnes simul . this assertion is evident out of the former . for , the power that was inherent in the whole commonwealth to exercise gods judgements and to governe and preserve it selfe , was a divine power , not only super singulos , but super omnes simul , and therefore major universis . but this power is now totally and absolutly inherent in the king only . ergo he is super totam rempublicam : and major vniversis , in confirmation of this argument , i argue thus . either the whole power of the commonwealth is in one , or no . if no : then he is no absolute king or monarch , contrary to our supposition . but if he be a monarch i aske againe ; if there be a power in the commonwealth , which is not in him , is it subordinate to his power , or no ? if it be subordinate , then his power is above that power , and so super totam rempublicam , and major vniversis . if it be not , then there are simul & semel two supreame civill powers in a commonwealth , two supreame contrary masters at once to be obeyed , one and the same individuall kingdome and gubernation , and yet divided against it selfe , which are most absurd and impossible . from hence it is evident that his majesty sayed most truly and most learnedly , that the administration of the whole power of the commonwealth being committed in trust absolutely and irrevocably to him and his heires for ever , it is impossible that a power above that trust should be committed to others . this the observer in effect plainly confesseth . but relapsing into his wonted paroxismes of strong malice against regal power , he labours ( by his most false erroneous principal rex est minor vniversis ) and tires himself in vaine to answer it . and because the strength of all his long tedious and farraginous discourse depends wholly upon these two false grounds , viz. that the people is the efficient cause of regal power . and that rex est minor vniversis ; and i have manifestly confuted them both , i presume i have also sufficiently confuted all the rest : and therefore conclude in those sacred words . data est a domino potestas regibus , & virtus ab altissimo . power is given to kings of the lord , and soveraignty from the highest . sapient . . . finis . an appeal to all the true members of the church of england, in behalf of the king's ecclesiastical supremacy ... by william wake ... wake, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an appeal to all the true members of the church of england, in behalf of the king's ecclesiastical supremacy ... by william wake ... wake, william, - . [ ], xxv, [ ], , [ ] p. printed for richard sare ..., london : . errata: p. . advertisements: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion an appeal to all the true members of the church of england , in behalf of the king 's ecclesiastical supremacy ; as by law establish'd ; by our convocations approved ; and by our most eminent bishops , and clergy-men , stated , and defended ; against both the popish , and fanatical , opposers of it . by william wake , d. d. and chaplain in ordinary to his majesty . london : printed for richard sare at grays-inn-gate in holborn , mdcxcviii . to the most reverend father in god thomas , by divine providence , lord archbishop of canterbury , primate of all england , and metropolitan . my lord ; this appeal which addresses it self to others for their judgment , sues , with all humility , to your grace for your protection ; and that such , as , i conceive , is neither unfit for me to ask , nor for your grace to afford . you will here see what that true agreement is between the priesthood and the empire , which our laws have establish'd ; our convocations approv'd of ; and our greatest clergy-men hitherto defended ; without the censure of any , but the profess'd enemies of our church and constitution . but now a new sort of disciplinarians are risen up from within our selves , who seem to comply with the government of the church , much upon the same account that others do with that of the state ; not out of conscience to their duty , or any love they have for it ; but because it is the establish'd church , and they cannot keep their preferments without it . they hate our constitution , and revile all such as stand up in good earnest for it : but , for all that , they resolve to hold fast to it ; and go on still to subscribe , and rail . in opposition either to the errors or designs of these men , the present appeal bespeaks your grace's protection , not so much for its self , as for the articles and canons of our church ; and for those excellent worthies who , in their several successions , have appear'd in defence of the king's supremacy over the state ecclesiastical , as by law declared , and establish'd . that you will vouchsafe still to continue to own a cause , in which not only the church of england , but the church catholick , ever since the civil powers have become christian , is concern'd together with her : the authority we plead for in behalf of our kings , being no other than what the most famous bishops and councils of the church have given to their empeperors ; and who , by consequence , must all be involved in the same censure with our parliaments and convocations . and they who now revile the one , would as freely condemn the other , but that they are sensible that many who are well content with the reproach of king henry viii . and his clergy , would not endure to hear the like charges made against constantine and theodosius ; and those bishops and councils which all christians , in all ages , have been wont to pay so great a regard to . this , my lord , is the cause which i here bring before your grace : in the defence whereof i have once already been engaged , and shall , with god's assistance , again appear ; when those who now talk with such confidence against my former allegations , shall give me occasion to shew how just they were , and how little , in reality , there is to be excepted against them . in the mean time , i was willing , for the better discovery of these new-reformers ; by this short , preliminany treatise , to draw aside the curtain , and let the world see whose off-spring they are , and from whom they derive both their principles , and their animosities , against us. i cannot but hope , that by this i shall awaken all the sincere members of our church to beware of them ; and not give countenance to such attempts , as under a shew of bettering our constitution , do in reality tend to the utter subversion of it . to your grace i submit both the design and the performance ; and with all possible duty and respect remain , my lord , your grace's most humble and obedient servant , william wake . the preface . when i entred upon the defence of the kings supremacy , in answer to the letter to a convocation man , i was not so little acquainted with the tempers and designs , of a certain party among us , as not to know that my undertaking would be likely to displease those , who think any the least authority that is given to his present maiesty , to be an encroachment either upon their civil or ecclesiastical rights . nor was i unsensible what might possibly be reply'd to the arguments which i brought in proof of it : the knowledge i had of what the papists were wont to return to the like allegations of our writers against them , having , in some measure , inform'd me what , upon this occasion , might probably be said in answer to me. but to find my self charged , as if in defending the authority of the prince , i had betray'd the rights of the church , and appear'd in such a cause as neither became my function , nor had any of our clergy ever before concern'd themselves withall ; this , i confess , was a perfect surprise to me , and abundantly convinces me that some mens resentments are as much beyond modesty , as they are without reason . it cannot be unknown to any , who is not an utter stranger to the history of our reformation , upon what principles it was undertaken , and at last happily setled among us . how the prince's authority was both the means by which it was carry'd on , and the ground on which we justify'd our selves in the doing of it . and , indeed , at the first , none but the papists , ( that is to say those who had engrossed this power into their own hands , and could neither endure to part with it , nor to submit to the use which they saw we intended to make of it ; ) complain'd of what we did , in restoring the prince to his antient , and undoubted right ; or pretended to enter any process against us , upon the account of it . it is true , some time after , another party , ( how opposite soever to the papists in other matters , yet in this too nearly approaching to them ) began to set up themselves ; and to claim the same power in behalf of their kirk , that the romanists had pretended to in right of their pope and church . but against both these our bishops and clergy continued firm and costant ; and were , by all impartial judges , allow'd to be as much superiour to them both in their arguments , as they were in the justice of the cause which they maintained . thus stood this controversy till our own times : insomuch that i hardly know any author , professing himself a member of the church of england , who has either cast any aspersion upon our first reformers , for restoring the crown to its antient jurisdiction ; or pretended that the divine rights of the church , were in any wise violated , or infringed by it . but it seems the case is very much altered now : and it is , of a suddain , become an encroachment , not to be endured by our new-church-patriots , for the king to pretend to lay any restraint upon their assemblies ; and an enterprise unbecoming a minister of the gospel , tho' by more than one obligation engaged so to do , to appear in defence of the royal supremacy . it is indeed very strange to consider after what manner a certain writer has of late deliver'd his sense as to both these ; and such as will hardly be credited , except i repeat it in his own words . 't was natural ( says he ) to expect the insurrection of infidels and hereticks , against the proposals and power of a convocation . — but who would have dreamed that any clergy man — of the church , should lift up his heel against her. — when the great luminaries of the church shall sign the theta upon her rights , liberties and authorities , divine and humane ; and this voluntarily , and without any bribe offer'd , or menace denounced , the concession is taken for sincere , and for that cause , just. king henry the viii of famous memory , notwithstanding all his claims at common-law , and his interest in his parliament , thro' power , and the rewards by abby and church-lands , could not have made himself so absolute in eccesiasticals . had he not procured before the submission of the clergy . nor could he have compassed that , but by the terrour of a praemunire under which they had fallen , and upon which he was resolved to follow his blow , and so to bend , or break them . and yet this act of a popish , vnreform'd , and will nigh outlaw'd convocation , extorted for fear of ruin , and thro' ignorance , and non-suspicion of the acts consequent upon it , prejudges more against our liberties , than all secular constitutions could possibly have done without it . and must we now consecrate all these procedures , the results of which we feel in the total ruin of ecclesiastical discipline , and christian piety , by our voluntary pleas , and acclamations : and to gratifie the civil powers to an arbitrary vtmost , violate the most important truths of principles and histories ; treat the synods of the church with spite and contumely ; and recommend the greatest slavery of her to the appetite of civil powers . this is a severe charge , and a man had need have a very good cause , or a very impregnable face , who treats kings and parliaments , convocations and clergymen after such a rate . for , when all is done , it cannot be denied but that what that convocation did , and that king and parliament enacted , was , after two intermediate reigns , again repeated in the first of queen elizabeth ; is at this day approv'd of by the canons of king james the first ; and allow'd of in the nine and thirty articles of religion ; to which this author himself has more than once subscribed . and methinks the consideration of that , if nothing else , might have induced him to have been more temperate in his charge against me ; who have defended no other authority in the prince , than what both he , and i , and every other clergy-man of the church of england , have solemnly declared our assent to , and are obliged to our power to maintain . but our author does not intend to leave this point so easily ; his zeal carries him yet farther in opposition to the king's supremacy . to say nothing of his fresh invectives against that king , and that convocation , which first began to assert the royal authority , against the invasions which had so notoriously been made upon it : pag. . he affirms the authority of the church in the convention , freedom , and acts of synods , to be of divine right . this he again insists upon , pag. . and in the next page calls them divine privileges , given by god , and granted to priests , for the conduct and conservation of the church . and in the same page , speaking of the prince's breaking in upon these supposed rights , he says ; not only the romish church , but all other sectaries , and the scotch kirk illustriously scorn to admit any servitude , notwithstanding not only national protection , but promotion : being sensible that a liberty of religion , government , and church-discipline , is more valuable than all worldly wealth , or interest ; and without which they cannot apprehend any protection to religion , or the societies that profess it . from which last words i suppose i shall not injure his sense if i infer ; that then , according to his notion , the church of england is really at present in a persecuted state , and has been so ever since the reformation : and cannot be look'd upon so much as a protected church , till this act of the submission of the clergy shall be repealed . a strange reflection certainly ! and very unbecoming those manifold blessings our church has enjoy'd under its reformed princes ; and does at this time enjoy under her glorious preserver : whose greatest crime i am afraid it is , in some mens opinion , that he has delivered us from that slavery into which we were running , tho' such as our new disciplinarians seem to think the only way to a canonical liberty . i must transcribe a great part of his book , should i here repeat all that this author has said , in the most spiteful manner that he knew how to express it , against all that plead for , or speak well of , this part of the king's supremacy . see how he harangues his brethren of the clergy upon this occasion , p. . we , we only , says he , are the poor , tame , dis-spirited , drowsie body ; that are in love with our own fetters : and this is the only scandalous part of our passive obedience to be not only silent , but content , with an oc — n of our p — rs , which are not forfeited , nor forfeitable to any worldly powers whatsoever . ; it might perhaps be here no improper question , to ask , what this gentleman means by so warm an application to the whole body of the clergy ? whether he would have them take heart upon the matter , and having so redoubted a champion to lead them on , like true missionaries , see what they can do to raise up a croisade against these wicked magistrates , who so unwarrantably usurp upon the churches neither , forfeited nor forfeitable , powers ? at least thus far , 't is plain , he has gone towards it , that as he has before shewn the church to be out of the protection of the prince , so he will by and by declare the prince to be out of the bosom of the church ; and by both , authentically qualified for a holy war to be made upon him. for thus he goes on ; p. . can a claim of an oppressive supremacy be deem'd a glorious jewel in a christian crown , which if exercised , must of necessity forfeit the king's salvation ? and is it not a dangerous complaisance in priests , to fan such an ambition , as must end in the ruin of the church , the priesthood , and the soul of the prince , which the liberties , and powers hierarchical , were design'd to convert , direct , and preserve ? but still it may be doubted how far he accounts the king's supremacy to be oppressive ? that the whole act of the submission of the clergy to king henry the viiith falls under this censure , we have already seen . in short , all that he thinks fit to be allow'd to the christian prince , is this : that the church be obliged to acquaint him with her desires , reasons , places , seasons , and necessaries of convening : to petition his leave and favour ; his inspection , assistance , and succour to the piety of her designs : to secure him of her fidelity to all his proper honours and interests : that they will keep within ecclesiastical concerns ; and do all things openly , to the glory of god , and the good of souls , in the vnity , order , and purity of the church , preserved by the rules of catholick , and canonical communion ; and this under the guard and watch of temporal powers . well , but what if the prince shall not approve of the reasons that are offered to him , for their assembling ; nor think either the time convenient , or the place proper ; and shall thereupon refuse them the leave they petition for ? what if he shall think their designs not to be so pious as they pretend , but rather to have a great allay of humane passion and prejudice in them ? what if he shall differ with them in his notion of what is his proper honour and interest ? may he in such a case forbid them to meet ? may he assign them some other time or place ? or command them not to meddle with such causes , or persons , as he shall judge his honour , or interest , to be concern'd in ? what if what they call ecclesiastical concerns should chance to have an influence upon civil affairs ? and that instead of preserving , they shall act so as to divide the vnity of the church ? may he , by the temporal power which is still left to him , put a stop to their proceedings ; or annul their acts ; or receive and appeal from their sentences ? on the contrary , he flatly tells us , that all the power of calling ; moderating at , and dissolving synods ; of confirming their acts , or suspending their sentences ; is negative of those liberties and authorities of the church , which she once claim'd as of divine right ; and of which he before affirm'd , that they were neither forfeited , nor forfeitable . and here then we have a plain account of the judgment of this author in the case before us. i was willing , the rather , to put it together in this place , that so by comparing it with what is said in the following collection , the reader may be the better enabled to judge , who has acted more sincerely upon the church of england's principles ; i , in asserting the king's supremacy , as by law establish'd ; or he , in his violent , and impetuous opposing of it . or , if this shall not be thought enough to convince those , who have been dissatisfied with my undertaking , how close i have kept to our churches doctrine ; let me then , for a final proof , desire this author , in his next attempt , to satisfie the world in these ( ) points . st . let him shew wherein i have ascribed any more , or greater power , to the prince , than our laws have given him ; and our convocations , and clergy , have either expresly , or by a plain consequence , approved of , and declared to be his right ? dly . let him tell us , wherein the opinion , here advanced by him , differs from that of our missionary papists and jesuits , who have written against the supremacy ; and against whom our divines have so learnedly maintain'd the king's prerogative ? dly . let him inform us , whether any writers of the church of england , since the passing of this convocation act , have ever made any such exceptions , as he has here done , against it ; and charged it as destructive of the divine rights and powers of the church : and who those writers are ? and in what books they have done it ? this being done , if it shall appear that in any thing i have run into an undue extreme , and , by that means , derogated from the churches authority ; i shall then be ready to comply with the advice he has given me , and not only humble my self before god for the wrongs i have done the church , but publickly make a reparation of them . but if , upon the enquiry , it shall appear , that i have affirm'd nothing but what the law establishes ; our convocations have agreed to ; and our most eminent clergy men have constantly defended ; i must then be excused if i look upon my self to have done no more than in duty i was bound to do ; and , by opposing whereof , i take this gentleman not only to have acted contrary to the laws of the land , and the articles and canons of the church ; but to have actually incurr'd an excommunication for such his offence . having said thus much with respect to the subject of my late treatise , i shall add but little more concerning the design which is here laid for the answering of it . as this author has order'd the matter , it is become absolutely necessary for him to go on with it . for having charged me with violating the most important truths of principles and histories ; having told the world that i have treated the synods of the church with spite and contumely ; and recommended the greatest slavery of her to the appetite of the civil powers ; ( and every part of which charge does , i conceive , accuse me of no small crime ) the weight of this accusation must fall very heavy either upon him or me ; and i look upon my self as concern'd to tell him , that i do expect he should make it good , or honestly own that he cannot do it . only for his own sake as well as mine , and which is yet more , for the satisfaction of those who shall think fit to interest themselves in this controversy ; some few things there are which i would here recommend to him ; and they are such , as , in my apprehension , ought not to be thought at all unreasonable by him. and st . since this debate , however managed , must be likely to run out into a considerable length , i would desire him not to increase the necessary bulk of it , by alledging passages out of the antient fathers , to prove that which neither of us make any doubt of . thus p. . he produces the authority of athanasius to prove that the nicene fathers were not constrain'd , by any force that was laid upon them , to condemn arius , but did it freely , and of their own accord . now this i allow to be very true ; but cannot help thinking it to be , in our present case , very little to the purpose . and p. . he cites a much larger proof out of gregory nazianzen , the appositeness of which to our debate i cannot yet imagine ; unless it be that he thinks all greek to be equally pertinent to most readers ; in which he is certainly in the right . dly . i would intreat him not to insist upon any testimonies of antiquity , which have been already alledged again and again , by harding and stapleton ; by saunders and dorman , and the rest of our popish fugitives , in their treatises against the oath of supremacy , and as often answer'd by our writers ; unless he shall think fit , at the same time , to take notice of their replys to them , and shew that they do not destroy the force of his allegations . to what purpose , for example , does he bring the sayings of athanasius against the synod of tyre ; of osius against constantius ; of st. ambrose against valentinian the younger ; to us who know what has long since been return'd to them by our learned ⸪ jewel and ‖ bilson ; * whitgift and † andrews ; and the rest of our writers upon this subject . this may pass with those , who are ignorant of these matters , for a shew of reading ; and they may , for a while , look with wonder on the vnknown character ; and applaud the learning of the text , and margin . but when the common place shall be lay'd open , and they shall begin to discover out of whose magazine these authorities are transcribed ; and shall be convinced how often they have already been both alledged and answered ; the most charitable reader will be apt to shake his head , and think the worse both of the cause , and the defenders of it . and this i desire with relation to other mens writings : as for my own book , dly , i would request him , when he cites my words , but especially when he does it with a design of reflecting upon them , that he would take them as they lie ; and not leave out , or insert , any that may have an influence upon the sense of what he quotes . of the former of these i take my self to have some reason to complain , in his references of p. . and . of his book . but of the latter yet more , p. . where he says , that i give the prince power to suspend not only the sentences of synods , but their canons too ; and of which i do assure the reader he will not find the least mention in the passages to which he is referr'd . but thly , and to go yet farther ; would his design , or prejudices , give him leave , i could wish he would take care to distinguish a little better between what i relate as matter of history , and what i deliver as my own sense . it being easie to imagine that in a work of such a nature as that is which he has undertaken to examine , many things may be recited from others , which a man is not bound himself to approve of . had he used this precaution , he would not have told his reader , as he does , p. . that i charge the synod of ariminum with the sin of disobedience , for dissolving themselves without the emperours leave : whereas , in truth , i only give a sincere account of the matter of fact , and shew ( from my author ) what those fathers did , and what resentments the emperour had of it ? what reasons those holy bishops had for returning to their churches , after a tedious absence , tho' not licensed by constantius so to do , it cannot be thought we at this distance should be so well able to judge , as they , at that time were . and if they were satisfied , that they had reason so to do ; far be it from me to condemn them for preferring their duty to their flocks , before the satisfaction of a violent , and heretical prince . let me to this add , thly , as not very different from what i have now mentioned , such other mistakes , as either want of care , or the heat of contention , has sometimes led him into ; and by reason of which , he charges me with several things which i am by no means concern'd to admit of . thus , for example ; it is not less than four several times that he speaks of my definition of a synod : and in one place censures me for the vn-accuracy of it , p. . and indeed a very loose definition of a synod it is , tho' fit enough to keep company with that which himself gives of it , in the same place . but then it is a great mistake , to say that i had any thoughts of defining a synod in the place to which he refers . on the contrary i acknowledge the very meeting , of which i there speak , not to be what we properly mean by a synod . only i shew both from the persons of which it consisted , and from the business which it met about ; that if the prince has authority over such an assembly as that was , there is no reason why he should not have an equal authority over synods ; which both consist of the same kind of persons , and meet about the like affairs . but thly , and to have done : there is yet one thing more which i cannot but think to be worthy his regard , and it is this ; that before he draws up any more charges of absurdities and contradictions against me , he would take some tollerable care to examine matters thoroughly ; and to advise with some clearer heads ; and not charge that upon my words , which is really the misfortune of his own vnderstanding . what a strange confusion , for example , is it , p. . because i prove from the matters of fact in the first ages after the empire became christian ; and from what was orderly and regularly done in those times too , the princes supremacy ; to fancy that i had overthrown my own foundation , by saying that in the dreggs of popery , and when princes had lost their antient and just authority , many things were done by the clergy in their synods very irregularly ; and their bare doing of which is by no means sufficient to prove that they had a right to do it . again , p. . because i cite eusebius for an expression of constantine's , that he was bishop in things without the church ; what strange logick is it from thence to conclude that princes have nothing to do in the affairs of synods ? whereas it is notorious that those , above any thing , were the very matters of which he spake . so , p. . i quote socrates for saying , that the greatest synods were called by the emperors : ergo , says he , 't is plain that the lesser ones were not ? again , p. . i affirm that in peaceable times , and under princes who take care of the church , synods ought not to meet but by the command or allowance of the civil magistrate . to this , he conceives it is a contradiction to say , as yet i do , that in cases of extreme necessity , when princes shall so far abuse their power , as to render it absolutely needful for the clergy , by some extraordinary methods , to provide for the churches welfare ; that necessity will warrant their taking of them . — and again ; because i assert that in quiet times , and under a pious , christian prince , the prince is to judge , when it is proper for synods to meet : to this he fancys it to be a contradiction to allow , that when the danger is apparent , and the necessities of the church will not bear the farther delay of them , if the prince does refuse to let them meet , they must rather venture his displeasure , and do it of themselves , than be wanting , in such circumstances , to the churches safety and preservation . these are some of those absurdities which this ingenious writer has been pleased to lay to my charge . many more there are of the like kind ; and by which whether he has more exposed my weakness , or his own , i am very well content to leave it to any impartial reader to judge . it is one of the ill effects that commonly attend controversial writings , that it is very difficult to manage them either with that temper and ingenuity that becomes scholars , or with that charity that good christians ought to do . and 't is this has given me almost as great a disgust at them , as ever gregory nazianzen profess'd himself to have against synods , and that almost upon the same account . pride and ill-nature commonly domineer in them ; and sometimes it so falls out that an opponent must be freely dealt with , or a good cause must suffer in the opinion of a great many , who conclude that a man therefore only spares his adversary , because he could not get an advantage against him . how far i have fallen under this censure , in the management of the present controversy , i must submit it to others to judge ; but do hope i have not so far transgress'd , as this late author charges me to have done . as for the logick , law , and history , of the person i had to deal with , what it really is , i pretend not to say ; what it appear'd to me to be , my book has shewn : and if i have any where fail'd in my allegations against him , this gentleman , no doubt , will take care to call me to account for it . but honesty is a tender point ; and i do not remember i have any where touch'd upon it . 't is true i have shewn , what was indeed too plain to be deny'd , that whosoever he were that wrote that pamphlet , he could be no friend to our present establishment . and this i am sure was to my purpose to observe , how little so ever it was to his , to have it so plainly discover'd . however , if in any thing i have been mistaken in my judgment either of his affections , of his abilities , i am heartily sorry for it ; and shall be ready to submit to whatsoever pennance his most vpright , logical , historical second , shall , from his better skill in antiquity , and the laws of our church , think fit to lay upon me for it . the contents . introduction , § . . the design of the following treatise , viz. to shew what has been the sense of the church of england , ever since the reformation , as to the authority of christian princes over the ecclesiastical synods of their realms , § . . the substance of the h. . c. . to this purpose , § . . of its repeal by q. mary , and revival by q. elizabeth , § . . that the authority , therein given to the king , is no other than what did always , of right , belong to the crown , § . . that it was to secure this authority , the oath of supremacy was framed , § . . — the present obligation of which is enquired into ; ibid. that the same authority is agreed to in the th article , § . . — the sense of which is shewn , ib. and the nature of that subscription we make to those articles consider'd , § . . and is yet more fully enjoin'd by the canons of . § . . — which ipso facto excommunicate all those who impugn this supremacy , § . . ii. this supremacy confirm'd from the sense of our divines and others , ever since the reformation , § . . of the times of k. h. . — k. edw. . — and q. mary . § . . queen elizabeth . the judgment , of her self , and her parliament , § . . of all her first bishops , § . . of archbishop whitgift , § . . archbishop bancroft , § . . bishop jewel , § . . bishop bilson , § . . dr. 〈◊〉 , § . . mr. hooker § . . king james . of the revival of the dispute , concerning the supremacy , under this king , § . . the judgment of the king himself , ib. and — of b. andrews , § . . against the papists . of the controversy which the king had on this subject , with the scotch ministers , § . . vpon this occasion b. andrews judgment more fully declared , § . . which was also the sense of the rest of the clergy at that time , § . . particularly of our learned mason , § . . king charles i. the judgment of these times , more particularly shewn , § . . from the sense of the king himself , § . of his bishops , especially a. b. laud , § . . and of the whole convocation , , § . . the judgment of a. b. bramhall , § . . bishop davenant , § . . and dr. heylin , § . . king charles ii. the state of the parliament and convocation , in consider'd : how far this shews the same sense to have continued of the supremacy , that had all along obtain'd before ? § . . this farther shewn from the opinion of ; bishop taylor , § . . b. s. parker , § . . dr. falkner , § . . dr. barrow , § . . iii. vpon this foundation , an appeal is here made , to all the true members of our church , against those who now oppose this authority , § . . and it is farther shewn , that i have not been mistaken in point of law , § . . that the cause was not unbecoming a clergy man to appear in , § . . that the time was not improper for the handling of it , § . . that it is not probable , the church will suffer by what i have done ; but may , by their fury , who oppose me in this point , § . . the close , § . . an appeal to all the true members of the church of england , &c. after an age and half 's dispute with those of the church of rome , in defence of the king's supremacy , and of the laws that have been made for the establishment of it ; it cannot but seem a little strange to us , to be now call'd upon to begin the controversy again , with some among our selves , who would be thought the best , if not the only true members , of the church of england . but that which seems yet more amazing is , that tho' our laws subsist in the same state which they have been in ever since the reformation ; our articles and canons made in pursuance of those laws continue firm , and unrepealed : tho' the books that have been written by our bishops , and clergy , in defence of both , are not only not censured , but are read , approved , and received on all hands , as delivering the undoubted sense of our church and convocations , as well as of our princes and parliaments , with relation to this matter ; it should now , nevertheless , be thought a crime to assert the supremacy of the christian magistrate ; and a scandal for a clergy-man , more especially , to appear in behalf of that cause , by defending whereof so much honour has been gain'd , by the greatest writers of that order , heretofore . had we now to do with the same adversaries that those learned men were engaged with ; were the persons who , in our days , set up against the rights of the prince , either open romanists on the one hand , or avowed members of the kirk and consistory on the other ; we should the less wonder either at the principles which they advance , or the zeal with which they appear in favour of them . but to be summon'd by members of our own communion to defend the doctrine of our own canons and articles ; to be rail'd at as little better than apostates from the church catholick , for pretending to vindicate the constitution of the church of england , as by law establish'd ; this is a novelty which we know not what to make of , a prodigy becoming a time , and place , of wonders . to lay open the design of this new-attempt , and which may otherwise , in time , improve into another schism , and produce us a third church of england , composed only of such persons as will disclaim all authority of the civil-magistrate , from having any thing to do in matters of religion ; it may possibly be of some use to represent to such , as have not yet lay'd aside all regard to her , the plain sense of our reformed church , in the points under debate ; and shew them from whom i received the doctrine which i have asserted , in vindication of the kings supremacy . and having done this , i cannot but hope that some of them will consider ; what is the true design of those who are so forward to pull down , what our wise and pious ancestors , took so much care to build : and whether the methods we are now running so blindly into , must not end either in downright popery , or fanaticism , at the last . when the foundation was first laid for a regular reformation of religion among us ; one of the first things which those , who carry'd on that great work , saw it needful to do , was , to restore the crown to that authority , which the prevalence of the papal power had so notoriously deprived it of . in order hereunto , the convocation having agreed to submit themselves to the king , an act of parliament was framed upon that submission , in which , among others , these four things were establish'd . st . that the convocation should from thenceforth be assembled only by the kings writ . dly . that it should make no canons , or constitutions , but by virtue of the kings licence , first given them , so to do . dly . that having agreed on any canons or constitutions , they should yet neither publish nor execute them , without the kings confirmation of them : nor , thly ; by his authority , execute any , but with these limitations ; that they be neither against the kings prerogative ; nor against any common , or statute law ; nor , finally , in any other respect , contrary to the customs of the realm . this act being thus pass'd , continued in force all the time of king henry the viii . and his son king edward the vi. queen mary succeeding , and rescinding whatsoever her father , or brother had done , in prejudice of the romish church , abolish'd , among others , this act also . but her reign ending within a few years after ; one of the first things done , by her sister queen elizabeth , was to revive such laws , made by those two kings , as were thought necessary for the reformation of the church ; and so this statute was brought again in force . the title of the act by which this statute was revived , and the other authorities therein express'd were again annex'd to the crown , is this ; an act restoring to the crown the antient jurisdiction over the estate ecclesiastical and spiritual , &c. and that taken from the words of the act its self ; wherein the design of this statute is declared to be , for the restoring of the rights , jurisdictions , and preheminencies , appertaining to the imperial crown of this realm : and in another place ; to the imperial crown of this realm , of right belonging and appertaining . and from which it is , i suppose , obvious to conclude , that in the opinion of that parliament , such an authority over our convocations , as is before shewn to have been establis'd by the h. viii . c. . and was hereby again vested in the crown ; was not either by that , or this , statute , first given to our kings , but only restored to them , as a part of their royal jurisdiction over the state ecclesiastical ; and which did always , of right belong , and appertain to them . the rights of the crown being thus once more , by law , restored to it ; to secure them the better against any new encroachments for the time to come , it seem'd good to this parliament ( after the example of those of king henry the viii . ) that an oath should be framed , in recognition of the supremacy here declared to belong to our royal sovereigns ; and be enjoyn'd to be taken by all officers and ministers ecclesiastical and temporal ; as in the act may more fully be seen . in this oath , we solemnly testify and declare in our conscience , that the king's highness is the only supreme governour of this realm , and of all other his highness dominions and countries , as well in all spiritual , or ecclesiastical things , or causes , as temporal . — and we do promise , that , to our power , we will assist and defend all jurisdictions , priviledges , preheminences , and authorities , granted , or belonging , to the kings and queens of this kingdom ; or united , and annex'd , to the imperial crown of this realm . now this oath being design'd , as both the subject of it shews , and * the words of the act it self , expressly declare , to be for the better observation and maintenance of that statute ; it must follow , that the supremacy which we there testify in our conscience to belong to our princes , must be interpreted by what that act has united and annex'd to the crown ; and so comprehend all that authority of the king over his convocation , which in the th . h. viii was expressly restored to our princes ; and which being again , by the repeal of that act , recovered from them , was by this present statute , once more , re-setled in the crown , as it had been before . how those , who now appear so zealous in opposition to this authority , and have probably more than once , solemnly taken this oath , will acquit themselves either before god , or the world , of a manifest violation of it , by their present behaviour , is past my skill to comprehend : unless , because some part of that oath is now laid aside , they should chance to think , that therefore the whole obligation of it is ceased , even to those who have taken it in its former integrity . but indeed should we allow that there were some weight in this ; yet since the laws made in defence of the kings supremacy , are still the same they ever were ; our recognition of it must be look'd upon to be the same too : and in renouncing all forreign jurisdiction in causes ecclesiastical , which we still do ; we must be accounted as effectually to acknowledge the kings supremacy , according to the legal notion of it , as when we the most fully declared our assent to it ; tho' it should be granted , that we do not now so expressly oblige our selves to the defence of it , as we were heretofore wont to do . and this i say with particular respect to the present state of this oath ; for otherwise , as to what concerns us of the clergy , it cannot be doubted but that our obligation , as to the substance of it , is still the same it ever was : the declaratory part of this oath being what we in terms subscribe to , in the first article , of the th canon ; and the promissory , no other than what is tied upon us in the st canon , by an authority which our adversaries , i conceive . will not presume to except against . but not to insist upon the present obligation of this oath ; thus much , at least , must be confess'd , ( and that is enough for my purpose ) that all those who heretofore took the oath of supremacy , as it was first drawn up in the statute of queen elizabeth , did thereby , without question , both declare their approbation of the kings supremacy , as by that act establish'd , and promise to their power , to assist and defend it . but now this all our clergy , and almost all others who were admitted to any employ , whether civil or ecclesiastical did do : and therefore it must be allow'd that till within these last ten years , the authority by me ascribed to the king , was not only agreeable to the sense of the laity , but to that of the clergy too ; since every clergy man in the realm , till then , did upon his oath , both declare his approbation of it , and engage himself , to his power , to defend it . and how that authority which was so universally received and acknowledged by us , for so long a time , should now become so detestable in it self , and so destructive of the rights and liberties of the church , i would desire these gentlemen , if they can , to inform me. it was about four years after the session of this parliament , and the passing of this act , that the nine and thirty articles of religion were agreed upon in convocation , and publish'd by the queen's authority . of these the th relates to the civil magistrate ; and is drawn up so exactly according to the words , as well as sense , of the oath of supremacy , that we cannot doubt but that the convocation had a particular respect thereunto , in the framing of it . the queen's majesty hath the * chief power in this realm of england , and other her dominions ; unto whom the * chief government of all estates of this realm , whether they be ecclesiastical , or civil , in all causes , doth appertain . so this article determines : and what we are to undestand by supreme power , and supreme government , of all estates , and in all causes , our laws tell us ; and from which we may be sure , neither the queen , nor the convocation , had any intention to depart . but the article goes on . where we attribute to the queen's majesty the chief government , by which title we understand the minds of some dangerous folks to be offended ; we give not our princes the ministring either of god's word , or of the sacraments ; the which thing the injunctions also , set forth by elizabeth our queen do most plainly testifie : but that only prerogative , which we see to have been given , always , to all godly princes , in holy scripture , by god himself ; that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal . — and if you would know what ruling of the ecclesiastical estate is hereby intended , the injunctions to which the article referrs us will fully clear it ; where having first denied , as the article also does , that by the words of the oath of supremacy before-mention'd , the kings or queens of this realm , possessors of the crown , may challenge authority and power of ministry of divine service in the church ; they declare , that her majesty neither doth , nor ever will challenge any authority than what was challenged , and lately used , by the noble kings of famous memory , king henry the viii . and king edward the vi. which is , and was of antient time due to the imperial crown of this realm ; that is , under god , to have the sovereignty and rule over all manner of persons born within these her realms , dominions and countries , of what estate , either ecclesiastical or temporal , soever they be . these are the words of the queens injunction , and agreeably whereunto , it is manifest , the convocation design'd to frame this part of their article , as they took the oath of supremacy for their pattern in the foregoing . and in consequence whereof , as well as in conformity to the laws of the realm , then establish'd , we must conclude , that this power of calling and directing the convocation being one main part of that jurisdiction which was declared by act of parliament to belong to the crown , and was accordingly restored and annex'd to it thereby ; and having , as such , been challenged and used both by king henry the viii . and king edward the vi. is also a part of that supremacy which the convocation here intended to attribute to the queen ; as we are sure the queen must have understood it to have been hereby ascribed to her . and of this i shall give a more particular proof when i come to consider the notions which this queen , and her clergy , had of her authority as to this matter . in the mean time i cannot but desire this late writer , and all others , of the same judgment with him , who have in like manner subscribed these articles , seriously to bethink themselves with what conscience they did it ; if they had in good earnest so ill an opinion , as they now pretend , of that power which those articles , most certainly , allow of , and profess to be due to the civil magistrate . that the author of the late treatise , not so much againt my book , as against our laws , and government , must have * several times subscribed these articles , the character of a minister , which he takes to himself , sufficiently assures us. no man can be ordained a deacon , or priest , without doing of it : nor being in orders , can be admitted to any cure of souls , or to any other ecclesiastical administration whatsoever , but he must again repeat it . the method taken for performing of this subscription is full , and positive . for first , the substance of what we are to subscribe to , is drawn up into three articles ; whereof the first , and third , are these . . that the king's majesty , under god , is the only supreme governor of this realm , and of all other his highness's dominions and countries , as well in all spiritual or ecclesiastical things , or causes , as temporal , &c. — which being the very words of the oath of supremacy , must be taken in the same sense , that i have before shewn , that oath was to be understood in . — and , . that we allow the book of articles of religion — and acknowledge all and every the articles therein contain'd — to be agreeable to the word of god. and then , to these articles we subscribe in these very words ; i , s. h. do willingly , and ex animo , subscribe to these three articles above mentioned , and to all things contained in them . he therefore who does this , either must subscribe to them against his conscience ; or he must , thereby , be concluded to profess this belief ; that the authority given to the king by our laws , and approved of in these articles , is agreeable to the word of god. the danger of impugning any of these articles , is great , and unavoidable . to affirm them , in any part , to be superstitious , or erroneous ( whether he who does it be found out or no ) is by the canons of our church , excommunication ipso facto . and if the offender be discover'd , and fortunes to be a clergy-man , he is by the statute law of the realm to be convented before his bishop for it ; and if he does not presently revoke his error , is , in the first instance , to be deprived of all his ecclesiastical promotions ; and , in the second , loses them without more ado . this is the law both of the church , and of the state , in the present case : and with what conscience any clergy-man , beneficed in such a church , can excuse himself for flying with so much virulence in the face both of these laws , and of these canons ; i shall leave it to any one , who has any conscience himself , though never so much prejudiced against the king's supremacy , to consider . to the articles of religion , set forth by queen elizabeth , let us add the next authentick evidence of our church's sense , in this particular , the canons and constitutions , made by the convocation in the first year of king james i. of these the very first is design'd to assert the supreme authority of the king's majesty over the church of england . in order whereunto it ordains , that all persons ecclesiastical , shall faithfully keep and observe , and , as much as in them lieth , shall cause to be observed , and kept of others , all , and singular laws and statutes , made for restoring to the crown of this kingdom , the antient jurisdiction over the state ecclesiastical . which last words being the very title of the act of the first of queen elizabeth , we must conclude the meaning of the canon to be this ; that they shall faithfully observe the laws referred to in that statute , and do what in them lies , to cause all others to observe the same . seeing then that act of the h. . c. . is one of those which is there expresly revived , it will follow , that it expresly comes within the words of this canon ; and that the powers therein annexed to the crown over the convocation , are hereby approv'd and allow'd of , as part of that antient jurisdiction which always , of right , belong'd to our kings over the estate ecclesiastical . but the next canon is more express , and will come more fully up to our present purpose . it s design is to restrain the impugners of the king's supremacy over the church of england : and thus it runs , in our english version of it . whosoever shall hereafter affirm that the king's majesty hath not the same authority , in causes ecclesiastical , that the godly kings had amongst the jews , and christian emperors in the primitive church ; or impeach any part of the regal supremacy in the said causes , restored to the crown , and by the laws of this realm therein established , let him be excommunicated ipso facto , and not restored but only by the archbishop , after his repentance , and publick revocation of those his wicked errors . it is plain by comparing of these two canons together , that the design of the convocation was , in the first , to declare , and assert the king's supremacy , and to oblige the clergy to a strict , and diligent observance of it : by the second , to restrain all sorts of persons , from denying , or otherwise endeavouring to hurt , or extenuate , the legal notion of it . and two things there are which will deserve to be taken notice of in this second canon ; first , what that supremacy is which our convocation was so careful to assert , and defend ? and secondly , what it is to impugn this supremacy , within the meaning of this canon ? first , as for the former of these , the supremacy here meant ; two rules there are delivered by this canon , whereby we may come to a right understanding of it . first , it is that authority over the estate ecclesiastical , which by the statutes of king henry the eighth , and king edward the sixth , was restored , and by the act of queen elizabeth confirm'd , as of right belonging , to the imperial crown of this realm . and , secondly : it is such a power , in matters of religion , as the godly kings had amongst the jews , and christian emperors in the primitive church . and from which , by the way , it may be observed , what good reason i had to enquire into the authority of the christian emperors in these cases ; and to argue from thence in behalf of that power which our church ascribes to our own princes , on the like occasions ; how much soever some men may slight such proofs , as being sensible that they are not to be answer'd . secondly , to impugn this supremacy , within the meaning of this canon ; is either , first , to deny altogether , this authority ; and affirm , that the king either has not , or ought not to have , any such power : or it is , secondly , by any other means to impeach ( or , as the latin canon has it more plainly ) to extenuate , or hurt this supremacy : which , i conceive , is then done when men write and argue against it ; when they censure the laws for establishing of it ; and damn the prince , so long as he shall continue to exercise it , according to those laws . but these are not the only canons which justify what i have written in defence of the king's supremacy , and condemn those who appear against it . the twelfth is yet more express to my particular case , and will shew what the sense of our church is , concerning those who abet the , now so much magnified , opinion , on the other side . whosoever shall affirm that it is lawful [ cuivis ministrorum aut laicorum ordini , vel eorum alterutris simul congregatis ; ] for any sort , [ rank , or degree ] of ministers , or laics , or for either of them gathered together ; to make canons , decrees , or constitutions concerning ecclesiastical things , without the king's authority ; and shall submit themselves to be ruled and govern'd by them , let them be excommunicated ipso facto ; and not be restored until they repent , and publickly revoke those their wicked and anabaptistical errors . for if , in the opinion of our church , it be necessary for the clergy to have authority from the king to meet on such occasions ; if to say that any persons , of what order soever they be , may without his licence make any canons , decrees or constitutions ecclesiastical ; nay or but even submit themselves to be govern'd by such as shall be so made , be a wicked , anabaptistical , errour ; and for which a man deserves to be cast out of the communion of our church ; then it must without all question be allow'd , that according to the doctrine establish'd among us , the clergy can neither meet nor act , but with the king's permission : nor ought we to account those constitutions of any authority , which any persons shall make without his leave ; or , as such submit to them ; how much soever they may please to cry up their divine powers , and vnalienable rights , to justify their irregular , and anabaptistical proceedings . the sentence of both these last canons is , that they who offend against them are to be , ipso facto excommunicated : and concerning which i shall only observe thus much ; first , that in such a case there is no need of any admonition , as where the judge is to give sentence ; but every one is to take notice of the law at his peril , and see that he be not overtaken by it . and , secondly ; that there is no need of any sentence to be pronounced , which the canon it self has pass'd ; and which is by that means already promulged upon every one , as soon as he comes within the obligation of it . in other cases , a man may do things worthy of censure , and yet behave himself so warily in them , as to escape the punishment of the church , for want of a legal evidence to convict him . but , excommunicatio canonis , ligat etiam occulta delicta : where the canon gives sentence , there is no escaping ; but the conscience of every man becomes obliged by it , as soon as ever he is sensible that he has done that which was forbidden under the pain of such an excommunication . to these canons relating to the kings supremacy , i might add those which speak of the authority of our synods , and there again expressly provide for the princes rights . thus can. . the church affirms the assembling of synods , to be by the kings authority . in the th , she acknowledges the necessity of his licence , both for the making and ratifying of her decrees , in causes ecclesiastical . and can. . censures such as shall , upon this account , undervalue the acts of our synods , in these words : whosoever shall affirm that their proceedings in making of canons and constitutions , in causes ecclesiastical , by the kings authority , as aforesaid , ought to be despised and contemned ; the same being ratified and enjoyn'd , by the said regal power , supremacy and authority ; let them be excommunicated , and not restored untill they repent , and publickly revoke that their wicked errour . but in a case so plain i shall not need to insist on any more proofs ; and therefore shall content my self to observe , that the title given by publick authority to these canons , is this : constitutions or canons ecclesiastical ; by the bishop of london , president of the synod for the province of canterbury , and the rest of the bishops and clergy of the same province , by the kings authority , treated and concluded upon : in their synod , &c. — afterwards , by the same royal majesty , approved , ratified and confirm'd and by the authority of the same , under the great seal of england , promulged , to be diligently ; observed thro' both provinces , as well of canterbury , as york . this is the true title given to these canons : and was fit to be thus particularly taken notice of , because in our english book of canons , which is of most common use , this inscription ( as well as many of the canons themselves ) is very imperfectly rendred , and may be apt to lead men into some mistakes concerning these , as well as other matters . it were easie to make several observations , to our present purpose , upon the several parts of this truly accurate , and legal , title : but i shall chuse rather to express the process of this convocation , in the words of an author , who may perhaps be less liable to exception ; and whose account of it is this : that the clergy being met in their convocation , according to the tenour and effect of his majesties writ , his majesty was pleased , by vertue of his prerogative royal , and supreme authority in causes ecclesiastical , to give and grant unto them , by his letters patents , dated april . and june . full , free , and lawful liberty , licence , power and authority , to convene , treat , debate , consider , consult and agree upon such canons , orders , ordinances , and constitutions , as they should think necessary , fit , and convenient , for the honour and service of alimighty god , the good and quiet of the church , and the better government thereof from time to time &c. — which being agreed on by the clergy , and by them presented to the king , humbly requiring him to give his royal assent unto them , according to the statute made in the of king henry viii . and by his majesties prerogative and supreme authority , in ecclesiastical causes , to ratifie and confirm the same ; his majesty was graciously pleased to confirm and ratifie them by his letters patents — straightly commanding , and requiring , all his loving subjects , diligently to observe , execute and keep the same , &c. — and here i shall put an end to my first kind of proofs , in defence of that authority which i have ascribed to our kings , over the convocations of the clergy of the church , and realm , of england . i proceed in the next place more fully to confirm this authority to be agreeable to the doctrine of our church ; from the testimony 's of our most learned divines , who have written upon this subject , from the beginning of the reformation , to our own times . ii. it has been the endeavour of some of late who would be thought still to retain a good affection to the reform'd religion , nevertheless to cast the worst aspersions they are able , upon those who were the chief instruments of god's providence in the reformation of it . what their design in this their procedure is , or how , upon the principles now set on foot , to justifie what was heretofore done among us as to this matter ; or indeed , without a miracle , ever to have had any thing at all done in it , i cannot tell . it being certain that such a convocation , as they now seem alone to allow of as canonical , would never have departed from the way that they were in ; or have endured any proposals tending to such a change , as was otherwise happily made among us. but however since such is their prejudice , both against the opinions , and actions , of our first reformers , i will so far comply with their unreasonable humours , as to pass lightly over those times of church servitude , as well as church reformation ; and come to such authorities , as , i suppose , they will not have the confidence to except against . to pass by then the opinion of the convocation , which , about years after the submission made to king henry the viii . set out the first doctrinal treatise that led the way to the discovery , and renuntiation , of the popish errors . what shall we say to the publick declaration made by king henry himself against the council of mantua ; and in which he cannot be supposed to have spoken any thing but what , he thought , carry'd its own evidence along with it ? ‖ in times past , says he , all councils were appointed by the authority , consent and commandment , of the emperours , kings and princes . why now taketh the bishop of rome this upon him ? wherefore we think it best that every prince call a council provincial , and every prince to redress his own realm . and this he spake not of his own head , but with the advice of his bishops and clergy ; of the former of which , all but two , subscribed to the instrument which was presented to him upon this occasion . and when notwithstanding this , he was again sollicited by the emperour , and some other princes , the year after , either himself to come , or to send his ambassadors to it ; he again renew'd his former protestation , and made again the same exceptions against it . nor in this did he do any more , than some even of his popish bishops had before approved ; and that on such occasions , wherein it cannot be pretended that any force was laid upon them . i shall in proof of this , alledge only the letter of tonstal and stokesly to cardinal poole ; in which the authority of the christian prince , over the convocations of his clergy , is fully asserted ; and proved from the like instances of the antient kings and emperours , that i have made use of to the same purpose . and tho' queen mary in her zeal to the papal interest , repealed whatever acts had been pass'd by her father and brother against it , and this of the submission of the clergy among the rest ; yet she did not therefore give up the power over her synods ; but still continued it , according to the substance of that statute : as is evident from her calling and dissolving , not only the first convocation of her reign , but of that which was held two years after ; and to assemble which cardinal pool himself had her licence ; as he also had to make such canons , as should be thought needful , in it . qveen elizabeth . but i will not tarry any longer in these times , but pass forward to that of the next reign ; in which the reformation was both more regularly carry'd on , and at last brought to the state in which it continues at this day . queen mary having , as i observed , abolish'd whatever laws had been made in the two preceding reigns in derogation to the papal vsurpations ; the first thing done by queen elizabeth was , to set the crown again upon its antient foundation ; and to restore it to that jurisdiction over the estate ecclesiastical , which of right belong'd to it . this was the work of the very first act that pass'd in her reign ; and by vertue whereof the statute made th henry the viii . c. . to ratifie the submission of the clergy , was brought again in force . i have before observed what care was taken by this parliament to secure these rights of the crown , by an oath then establish'd , under the title of the oath of supremacy . i must now add , that the more to oblige the clergy to a due observance of them , the queen her self , this same year , set out her injunctions ; and in the very first place took care , of her supremacy in them . for thus the injunctions begin : that all deans , archdeacons , parsons , vicars , and all other ecclesiastical persons , shall faithfully keep and observe ; and , as far as in them may lie , shall cause to be observed and kept of other , all and singular laws and statutes made for the restoring of the crown , the antient jurisdiction over the state ecclesiastical . and that this power over the convocation was one branch of it , the revival of the law of king henry the viii . relating to it , which was made the same year , and in that very act whose title the injunction transcribes , is a proof not to be gain-said . it is evident then that this queen , as well as her parliament , looked upon this power to be not only no vsurpation upon the churches priviledges , but to be a part of that jurisdiction which had always of right belong'd to the crown ; and was vsurp'd from it in the times of popery . and so , in the next place , did her bishops too . for however being not yet assembled in convocation , they could not so authoritatively settle the articles of religion as shortly after they did ; yet being met together , they agreed upon certain articles to be sent to their clergy , and by them publish'd to the people , in the mean time , till a convocation should be call'd , to consider farther of this matter . in the th of these their articles they treat of the power of the civil magistrate : and therein require their clergy to acknowledge the queens majesties prerogative , and superiority of government , of all estates , as well ecclesiastical as temperal , — to be agreeable to god's word ; and of right to appertain to her highness , in such sort as in the late act of parliament is express'd ; and sithence by her majesties injunctions , declared and expounded . it would be needless to observe that the act of parliament here referr'd to is that of the same year , made for the restoring the crown to its jurisdiction over the estate ecclesiastical ; and by which the so often mention'd act of king henry the viii . was expresly revived . as for the queen's injunctions , i have already shewn that where they treat of this matter the most favourably , they nevertheless assert the same power to the queen that king henry the viii . and king edward the vi. challenged , and used : and what that was , in the particular under debate , is not doubted of , or deny'd by those , who the most oppose us in the present vindication of it . so that here then we have in our first entry upon this reign ; the queen , the parliament , and the bishops , all approving of , and confirming this authority . and so they continued , all her time , to do : there being hardly any controversy either more largely debated , or more accurately handled , than this of the royal supremacy ; against which our adversaries , on both sides , appear'd with all their skill , and were as effectually answer'd , by the greatest , and most learned , of our church . among these , as there was no one higher in dignity , so neither was there any more eminent both for his abilities , and good affections to the church of england , than arch-bishop whitgift : and whose controversy with the puritans , is one of the most learned , and judicious works , of those days . in this , the xx th tract , is wholly spent in the defence of the princes right in ecclesiastical matters : wherein having charged his adversaries with holding the popish opinions , and even using their very arguments ; he tells them , pag. , . that the continual practice of the christian churches , ( in the time of christian magistrates ) before the vsurpation of the bishop of rome , was , to give christian princes supreme authority in making ecclesiastical orders , and laws ; yea , and which is more , in deciding of matters of religion , even in the chief and principle points . this he proves by several instances ; and then concludes in these very words , whereby it appeareth , that the chief authority in — councils , was given to the emperour , and that he was esteem'd as the chief judge . in his next division he shews , that the learned and antient fathers , have committed the matters of controversy to emperours . and then adds , the practice therefore of the authority of princes in ecclesiastical matters , even in determining and judging controversies in religion , you might have learnt by these examples in ambrose time . against this t. c. then objected , as some others ( from their pattern ) do now , the disability of princes to decree of what pertains to the church . the archbishop replies : that the deb●ting , and deciding of matters in religion by bishops , doth not derogate from the prince's authority . no godly princes , having godly bishops , and ministers of the church , will alter , or change , determine , or appoint , any thing in matters of religion , without their advice and counsel . but how if there be dissention among them ? shall not the prince determine the controversie , as constantinus , theodosius , and other godly emperours did ? in short ; to t. c. 's endeavour to clear the puritans from running in with the papists in this particular , the archbishop thus replies . concerning the determination of matters in religion , i know not wherein you differ from them . for tho' the prince mislikes your determination , yet can he not himself conclude any thing ; only he may compel you to go to it again , and take better rold : but if it shall please you to go forward in your determination , or if you cannot agree among your selves , i see not what authority you have given the civil magistrate to determine the matter ; but for ought i can espy , if you and your seniors be disposed to be peevish , either must the prince have no religion , or such as you shall appoint unto him. for potestatem facti you have given him , that is , you make him your executioner ; but potestatem juris you do as fully remove from him as the papists do : for he hath not , as you say , any authority to make orders , or laws , in ecclesiastical matters . thus this great assertor both of the prince's , and of the church's power . to him let me add , his successor , both in the see of canterbury , and in this controversy , archbishop bancroft : who , in his survey of the pretended holy discipline , thus marks out those parts of it , which he look'd upon to be prejudicial to the regal authority . no civil magistrate hath pre-eminence ( by ordinary authority ) to determine church causes . no chief magistrate , in councils , or assemblies for church matters , can either be chief moderator , over-ruler , judge , or determiner . no civil magistrate hath such authority , that without his consent it should not be lawful for ecclesiastical persons , to make any church-order , or ceremony . the judgment of church matters pertaineth to god : the principality , or direction of the judgment of them , is , by god's ordinance , pertaining to the ministers of the church . as they meddle not with the making of civil laws , and laws for the commonwealth , so the civil magistrate hath not to ordain ceremonies pertaining to the church . these he calls puritane-popish assertions ; and says , that they do much derogate from the lawful authority of christian princes . there is but this only difference betwixt them , and the rankest jesuits in europe ; that what the one sort ascribe to the pope and his shavelings ; the others challenge to themselves , and their aldermen . for the better clearing of which , he compares their principles together : and thus he sets down the puritane hypothesis , from their own stating of it . the prince may call a council of the ministry , and appoint both the time , and hours , for the same — he may be assistant there , and have his voice , but he may not be either moderator , determiner , or judge . neither may the orders , or decrees there made , be said to have been done by the prince's authority . — they are to defend councils , being assembled . if any one behave themselves there tumultuously , or otherwise disorderly , the prince may punish him . lastly , he not only may , but ought to , confirm the decrees of such councils , and see them executed , and punish the contemners of them . thus far mr. cartwright : and in the next page , the archbishop shews that the papists say the very same things ; and of both he affirms in his following chapter , that hereby they exclude christian princes from their lawful authority in causes ecclesiastical . having thus seen what these masters of the consistory allow to christian princes in ecclesiastical matters , it might not perhaps be improper for me to ask of our new disciplinarians , wherein they differ from them in the point before us . but , indeed , it is clear , that if there be any difference at all between them , it consists in this , that those men , as bad as they were , yet really allow'd more authority to the civil magistrate over their church assemblies , than our modern disputers are willing to afford him over our convocations . and then i shall leave it to any one to judge , what those great prelates would have said of these , who wrote so severely , as we have seen , against those . from these archbishops of the see of canterbury , let us descend to two of their suffragan bishops ; and engaged against another party , tho' still in defence of the same authority ; viz. jewell , bishop of salisbury , and bilson bishop of winchester . as for the former of these , our learn'd jewell , he thus declares to us the right of the prince , in the defence of his apology , against harding . page . the christian emperors in the old time appointed the councils of bishops . — continually for the space of tears , the emperor alone appointed the ecclesiastical assemblies , and call'd the councils of the bishops together . as for right of place , and voice in council , it pertaineth no less to the prince , than to the pope . — the emperor theodosius , as saith socrates , did not only sit among the bishops , but also order'd the whole arguing of the cause ; and tare in pieces the hereticks books , and allow'd for good the judgment of the catholicks . but ye say , they sate as assessors only , not as judges : that is to say , they sate by the bishops , and held their peace , and told the clock , and said nothing . the lay prince hath had authority in council , not only to consent , and agree unto others , but also to define and determine ; and that in cases of religion ; as by many evident examples it may appear . in all cases , as well ecclesiastical , as temporal , the emperor was judge over all. whatsoever the council had determined , without the emperors consent , it had no force . — theodosius , at the desire of the bishops , confirm'd the council of ephesus . so high an erastian was this good old bishop ; and so freely has he sacrificed all the rights of the church to the will of the prince . nor has bishop bilson come at all behind him : the second part of whose book , entituled , the true difference between christian subjection , and vnchristian rebellion . o. oxford , . is but one continued discourse in defence of the supremacy , and of which it shall suffice to point out some brief heads on this occasion . . that the emperors heretofore call'd councils : this he proves ; pag. , , , , &c. . that they appointed the time , and place of them ; p. , . nay , and even the persons that should come to them ; p. . and have voices in them ; p. . . that they directed what should be handled in them ; p. . managed their debates ; p. . and forbad them to call in question the faith , that had by former synods been establish'd ; p. , . . that they judged of their proceedings ; p. . and that in matters of doctrine ; p. . by the common rule of all christians , the word of god ; p. , , . . that they confirm'd the councils decrees ; see p. . and this not at all adventures ; but chose such of their canons as they approv'd , and passed them into laws ; p. . . that as to their sentences ; they received appeals from councils ; p. , , . suspended ; p. . and if they thought them too severe , released the rigour of their censures , and determinations ; p. . these are some of the points which this learned man not only allows of , but defends from the examples of the jewish princes , and christian emperors . and i will be bold to say , either his treatise is altogether false and scandalous ; contrary to the rights of the church , and the sense of the antient fathers ; or my discourse , after all that has been said against it , must be confessed to be true and orthodox , and agreeable to the doctrine of the church of england . but because bishops may be look'd upon as suspicious men , let us see what those of an inferior order , have written in this case : and for these i will take but one of a kind ; dean nowell , for the dignitaries ; and the venerable mr. hooker , for the rest of the lower house . as for mr. hooker , the latter of these , he was much too young to have had any part in that convocation , in which our articles of religion were settled . but dr. nowell , was not only one of the most considerable members of the lower house at that time , by his own dignity ; but chosen , by the clergy , for their prolocutor , and so had the chief management of all that was done in it . it was but three years after this , that mr. dorman , one of our fugitive english papists , attacking the queen's supremacy , as by law establish'd , and then newly approv'd of by the convocation ; this learned dean thought himself concern'd to undertake the defence of it . and indeed he has so well discharged his part in it , that , i believe , it will be very hard for our modern transcribers of their arguments and authorities , to alledge any thing , upon this occasion , that will not be found to have been fully answer'd , before-hand , in that book . his treatise is expresly referr'd to , and approved of by archbishop whitgift , in his discourse upon this subject ; and so may be look'd upon to deliver the sense of that great archbishop , as well as the dean's . nor can it be reasonably doubted by any , but that it does deliver the sense of the whole convocation , and clergy of the church of england , in this particular . let us see then , how he states the point , between us , and his adversary , as to this matter ; and , by what kind of proofs he undertakes to vindicate the one , against the other . the matter in debate , he thus accurately determines ; for. . we expresly divide the offices of christian and godly princes , from the offices of bishops , and other ministers of the church under them , as distinct , and divers offices . and we do teach , that the offices of preaching of god's word ; of the pronouncing of publick prayer in the church of christ ; the power of the keys , or of binding and loosing , and of ministring the holy sacraments , are , by the word of god , appointed to be the peculiar offices of bishops , and of other ecclesiastical ministers . — and we teach , and preach , even in presence of princes ; that neither princes , nor any other persons , saving only bishops , and other ecclesiastical ministers under them , may intermeddle with the said offices , and ministries ecclesiastical , so peculiarly , and only appertaining to the said bishops , and other ministers of the church . — p. . when we do speak of causes ecclesiastical , wherein christian princes are the chief governors ; we mean not that princes should execute these peculiar offices of priests , as is also in the queen's majesty's injunctions — notified to all the subjects of the realm , that will be disposed to understand the truth , without cavillation . but now touching the authority of princes , to oversee that the bishops , and clergy , do these their offices — diligently , and truly , according to the rule of god's word ; to command them to do their duty ; to admonish them , being therein slack ; to reprehend them offending ; depose , or deprive them , being incorrigible ; — this we say is the office of a chief governor over the the said persons ecclesiastical , which doth appertain to christian princes , every one in their own dominions . further ; besides the office of preaching , and ministring the sacraments — there are many other orders , matters , and causes ecclesiastical , touching ceremonies , and the outward regiment of the church , ( which may be term'd the ecclesiastical policy ) — page . there is also the authority to receive appellations , and finally to determine controversies arising amongst persons ecclesiastical : to summon and call bishops , and other ecclesiastical persons , as men exercised in the study of the scriptures , to synods , convocations , and councils in necessary cases ; — to order , govern , and protect , the said bishops , and clergy , being so call'd together ; and to approve , and authorize things for the outward order ecclesiastical , and policy , determined in such synods . these be those causes ecclesiastical that we do speak of , which do not pertain to bishops and priests only . in these cases , and causes , ecclesiastical , the authority of a christian prince is not only not excluded from intermedling , with the bishops and clergy , but the prince's authority is chief therein : which authority the christian prince exercising , doth not intermeddle with any office , belonging to bishops and priests only ( as the adversaries of the truth do falsly bear men in hand ) but with their own offices , by the examples , and practice , of all antient godly princes , as well in the old law , as in christian religion , proved of right to them to appertain — and to our prince also , by the antient laws and statutes of the realm , ( as to the learned in the said laws is not unknown ) of right appertaining . this is the account which he gives of the doctrin of the church of england , concerning the authority of christian princes in matters of religion . the proofs he alledges are full , and conclusive : from the examples of constantine , p. , to . theodosius , p. , to . the council of chalcedons , p. , to . the third council of constantinople , p. , to . justinian the emperor , p. , &c. to omit many other particulars , in the vindication of which i am not so immediately concern'd . and i will be bold to say , there is nothing by me advanced in this argument , which has not been both more highly carried , and more particularly explain'd , in behalf of the prince , by this great champion of our church , in his accurate , and solid treatise upon the same subject . such was the opinion of dean nowell ; nor does mr. hooker come at all behind him . the antient imperial law , says he , forbiddeth such assemblies as the emperor's authority did not cause to be made . before emperors became christians , the church had never any general synod ; their greatest meetings consisting of bishops , and others the gravest in each province . as for the civil governor's authority , it suffered them only as things not regarded , or not accounted of , at such times as it did suffer them . so that what right a christian king hath , as touching assemblies of that kind , we are not able to judge till we come to later times , when religion had won the hearts of the higher powers . constantine was not only the first that ever did call any general council together , but even the first that devised the calling of them , for consultation about the business of god. after he had once given the example , his successors , a long time , follow'd the same . touching that supremacy of power , which our kings have in the case of making laws , it resteth principally in the strength of a negative voice , which not to give them , were to deny them that without which they were kings only by a meer title , and not in exercise of dominion . if it be demanded by what right , from constantine downwards , the christian emperors did so far intermeddle in the church's affairs ; either we must herein condemn them , as being over-presumptuously bold ; or else judge that by a law which is termed regia , that is to say , royal , the people having derived unto their emperors their whole power for making laws , what matter soever they did concern ; as imperial dignity endow'd them with competent authority and power , to make laws for religion ; so they were thought by christianity to vse their power , being christians , unto the benefit of the church of christ. was there any christian bishop in the world which did then judge this repugnant unto that dutiful subjection which christians owe to the pastors of their souls ? wherefore of them which in this point attribute most to the clergy , i would demand , what evidence there is whereby it may clearly be shew'd , that in antient kingdoms christian , any canon , devised by the clergy alone in their synods , whether provincial , national , or general , hath , by meer force of their agreement , taken place as a law ; making all men constrainable to be obedient thereunto , without any other approbation from the king , before , or afterwards , required in that behalf . and this shall suffice for the reign of this great , and wise queen . i shall make no apology for taking these last quotations out of that part of mr. hooker's works , which are not of equal authority with the books publish'd by himself in his life time : there being so much of mr. hooker's stile , and reason in them , as makes me undoubtedly conclude , that , as they are , they proceeded from him. and those who are supposed to have interpolated these books , were never charged with turning things to the advantage of sovereign authority . so that if any changes , or omissions , should have happened in this place , it must have been to the disadvantage , not to the interest , of the cause before us. but i shall be content to take his opinion as it still is left to us ; and is sufficiently contrary to that wild notion of chruch power , which is now again set on foot , tho' by another sort of men , in pretence at least , among us . king james i. we have before seen how the oath of supremacy , fram'd in the beginning of the reign of queen elizabeth , set the pens of those of that age , on work , in discussing the authority of the christian prince , in causes , and over persons , ecclesiastical . it was not very long after the coming of king james into england , before another oath , again revived the same controversy ; and set the most learned men of the church of rome , upon a fresh opposition of the royal authority . among those who , on our side , appeared in defence of it , as no one began sooner , so is there none that ought to be rather taken notice of by us , than the king himself ; who with good learning , as well as with a stile becoming a prince , solemnly asserted his own royal rights , and jurisdiction . and , first , in his apology for the oath of allegeance , we have his opinion plainly deliver'd , in several points relating to our present disquisition . answerably to the fathers , spake the councils in their decrees : as the council of arles , submitting the whole council to the emperour in these words : these things we have decreed to be presented to our lord the emperour ; beseeching his clemency , that if we have done less than we ought , it may be supplied by his wisdom ; if any thing otherwise than reason requireth , it may be corrected by his judgment ; if any thing be found fault with by us , with reason , it may be perfected , by his aid , with gods favourable assistance . but why should i speak of charles the great , to whom not one council , but six several councils , frankford , arles , tours , chalons , mentz and rhemes , did wholly submit themselves : and not rather speak of all the general councils , that of nice , constantinople , ephesus , calcedon , and the four others commonly so reputed , which did submit themselves to the emperours wisdom and piety in all things ? insomuch as that of ephesus repeated it four several times , that they were summon'd by the emperour 's oracle , beck , charge , and command ; and betook themselves to his godliness , beseeching him that the decrees made against nestorius , and his followers , might , by his power , have their full force and validitie . and in his defence of the right of kings , he thus confirms the same principles . it is willingly granted that emperours never challenged , never arrogated , to be sovereign judges in controversies of doctrine and faith. nevertheless it is clearer than the suns light at high noon , that for moderation at synods , for determinations and orders establish'd in councils ; and for the discipline of the church , they have made a good , and full use of their imperial authority . the first council held at constantinople , bears this title , or inscription ; the dedication of the holy synod to the most religious emperour theodsius the great , to whose will and pleasure , they have submitted these canons , by them address'd , and establish'd in council : and there also they beseech the emperour to confirm and approve , the said canons . the like hath been done by the council of trullo , by whom the canons of the fifth and sixth councils , were put forth and publish'd . this was not done because emperours took upon them to be infallible judges of doctrine , but only that emperours might see and judge whether bishops ( who feel the prick of ambition , as other men do ) did propound nothing in their convocations and consultations , but most of all in their determinations , to undermine the emperours authority ; to disturb the tranquility of the common-wealth ; and to cross the determinations of precedent councils . now to take the cognizance of such matters out of the kings hand , or power , what is it but even to transform the king into a standing image : — yea , to bring him down to this basest condition , to become only an executioner , and ( which i scorn to speak ) the unhappy hangman of the clergies will ? the king having thus asserted the authority of christian princes , in this particular ; was soon assaulted by those of the other party . cardinal bellarmine , at that time accounted one of the most learned controvertists of the church of rome , first , under the name of tortus , fell with great bitterness upon him . to him his majesty scoring to reply , bishop andrews , took the cause upon himself ; and with great spirit , and judgment , replied to him . so that here then , in these two , we may expect to see what is to be said , on either side , upon this subject . as for the cardinals opinion , i am not concern'd to take any notice of it : but that which the bishop asserts , and with great force of reason , and evidence of antiquity , defends , is to this effect : that kings have power both to call synods , and to confirm them ; and to do all other things which the emperours heretofore diligently did do ; and which the bishops of those times willingly acknowledged of right to belong to them . and st . that to christian princes belongs the sole right of calling synods , he proves from the history of the general councils that were assembled under them , p. . and from the examples of those which were afterwards held under charles the emperour ; p. . dly . that having assembled them they have a right of inspecting and examining ; of approving or rejecting their acts ; he likewise shews p. , . you know , says the bishop , how constantine wrote to the synod of tyre : all you , as many as made up the synod of tyre , hasten without delay to come to us , and shew us truly how sincerely and rightly ye have judged : p. . he adds , dly . that they may come to , and make a part of the synod : this he proves , p. . and then , p. . thus sums up the royal authority : put this , says he , together : the king assembles the synod ; the synod presumes to do nothing without his knowledge . the king commits the whole affair to their power : they , by vertue of his princely command , proceed to do what was needful to be done . i might easily confirm this same opinion both of the king and bishop , with the concurrent authority of burhil , tooker , and some others , who , were afterwards , engaged in the same controversy . but i must not enlarge upon this subject , having so much more yet to observe both of this king , and this bishop , upon another occasion , as to the points under debate . the king being dissatisfied with the proceedings of the presbyterian ministers in scotland , for holding a generally assembly at aberdeen , contrary to his command ; sent for a certain number of the most eminent of them to come up to him , to london , and satisfy him in some things , in which he thought he had just reason of complaint against them . to these ministers , after other things transacted with them ; he deliver'd three quaeres relating to his authority in ecclesiastical matters , and demanded their several answers to them . the second of these questions , and from which we may sufficiently conclude what opinion his majesty had of his own royal supremacy , was this : whether they acknowledge his majesty , by the authority of his prerogative royal , as a christian king , to have lawful and full power , to convocate , prorogate , and cause desert , upon just and necessare causes known to him , the assemblies of the kirk , within his majesties dominions ? how they trifled with his majesty in their answer to these questions , as well as in all the other affairs about which they had been sent for , is neither material to my purpose to shew , and may at large be seen in the histories here referr'd to by me . that which i have further to observe is , that during the course of this transaction , the king caused four of his english bishops , on certain days appointed to them , to preach before him at hampton-court , and commanded the scotch ministers to be present at their sermons . the third of these turns fell upon our learned andrews , at that time bishop of chichester ; whose subject , assign'd him by the king , was , to prove the power of princes , in convocating synods and councils . in order whereunto he first laid down these two points : . that when the prince calls , the clergy are to meet : and . that they are not to meet , of themselves , unless he call them . the proof of these points he thus pursues : st . from the law of god , p. . . confirm'd by the law of nature , and nations , p. . and dly . from matter of fact : before christ ; from moses , to the macchabee's , in the jewish church . p. , . after christ ; from constantine , till a thousand years after christ ; ( ) by general councils ; ( ) by national , and provincial councils , assembled . ( ) under emperours , and ( ) kings , by the space of many hundred years , p. . this is the substance of his sermon ; and from which i shall proceed to extract some part of what he says , in the prosecution of most of the heads , before laid down . st . in speaking of the law of nations he has this remark : the law of nations in this point might easily appear , if time would suffer , both in their general order for convocations so to be called , and in their general opposing all conventicles called otherwise . verily the heathen laws made all such assemblies vnlawful , which the highest authority did not cause to meet ; yea , tho' they were — sub praetextu religionis , say the roman laws . neither did the christian emperours think fit to abate any thing of that right ; nay they took more straight order . dly . concluding his account of the jewish state , he has these words : thus from moses to the maccabees , we see in whose hands this power was . and what should i say more ? there was in all god 's people no one religious king , but this power he practised : and there was of all god 's prophets no one , that ever interposed any prohibition against it . what shall we say then ? were all these wrong ? shall we condemn them all ? — yet to this we are come now , that either we must condemn them all , the one after another ; the kings as usurpers for taking on them to use more power than ever orderly they received ; the prophets for soothers of them in that their unjust claim ; or else confess that they did no more than they might , and exceeded not therein the bounds of their calling . and indeed that we must confess , for that is the truth . dly . in treating of general councils , he thus speaks of that of nice . at nice there were together bishops , the lights of the whole world , the chiefest and choicest men for holiness , learning , vertue , and valour , that the christian religion ever had , before or since . — did any of them refuse to come being called by him , ( constantine ) as not called aright ? or coming , was there any one of them that did protest against it ; or pleaded the churches interest to meet of themselves ? — verily the council of nice , ( which is , and ever hath been so much admired by all christians ) cannot be excused before god or men , if they thus conspired ( all ) to betray the churches right ; and suffered it , contrary to all equity , to be carried away ; leaving a dangerous precedent therein , for all councils , ever after , to the worlds end. — there is no man of reason but will think it reasonable , if this were the churches own peculiar , if appropriate unto it , ( and so known to them to be ) there ought to have been plain dealing now , at the very first council of all , that if constantine would embrace religion , he must forbear to meddle with their assemblies . thly . but it may be general councils have a fashion by themselves : those congregations may be called thus ; but national or provincial , such as ours , how ? even so too , and no otherwise — yea , i add this , which is a point to be consider'd , that even then when the emperours were profess'd arians , even then did the bishops acknowledge their power to call councils ; come to them being called , sued to them that they might be called ; — and sometimes they sped — and sometimes not . and yet when they sped not they held themselves quiet , and never presumed to draw together , of their own heads . but it may be this was some imperial power , and that the emperours had , in this point , more jurisdiction than kings ? not that neither : for about years after christ , when the empire fell in pieces , and these western parts came into the hands of kings , those kings had , held , and enjoy'd , and practised the same power . if it be excepted that there are of these ( provincial and national ) councils , which carry in their acts no mention how they were called ; for them we are to understand , that after the decrees of the first nicene council were by constantine's edict confirm'd , wherein , as likewise in the council of chalcedon , it was order'd , that each province should yearly hold their synods twice — we are to conceive the emperour's authority was in all afterwards ; habitually at least . — thly . but what say you to the years , before constantine ? how went assemblies then ? — truly even as the jews did before in egypt . they were then a church under persecution , till moses was raised up by god , a lawful magistrate over them . — no magistrate did assemble them in egypt : and , good reason , they had none then to do it . true it is therefore , that before constantine's time they met together as they durst ; and took such order as they could . — but when constantine came in moses place , it was lawful for him to do as moses did . and so he did : and they never said to him — look how we have done hitherto , we will do so even still ; meet no otherwise now , than in former times we have , by our own agreement ; — no , but they went to him , as to moses , for their meetings ; at his hands they sought them ; without his leave , or liking , they would not attempt them : yea ( i dare say ) they blessed god from their hearts that they had lived to see the day , that they might now assemble by the sound of the trumphet . to conclude this point then ; these two times , or estates of the church , are not to be confounded : there is a plain difference between them , and a diverse respect to be had of each . if the succession of magistrates be interrupted , in such case , of necessity , the church , of her self , maketh supply , because then god's order ceaseth . but god granting a constantine to them again , god's former , positive order , returneth , and the case is to proceed , and go on , as before . — in a word , none can seek to have the congregation so called ( as before constantine ) but they must secretly , and by implication , confess , they are a persecuted church , as that then was ; without a moses , without a constantine . thly . hitherto we have seen the opinion of this learned prelate in the case before us ; let us now see what application he made of what he had offer'd on this subject . you may please to remember , says he , there was not long since a clergy in place that was wholly ad oppositum , and would never have yeilded to reform ought . nothing they would do ; and ( in eye of the law ) without them nothing could be done . they had encroached the power of assembling into their own hands . how then ? how shall we do for an assembly ? then — the prince had this power , and to him , of right , it belonged . this was then god divinity : and what writer is there extant , of those times , but it may be turn'd to in him ? and was it good divinity then , and is it now no longer so ? was the king but licensed , for a while to hold this power till another clergy were in , and must he then be deprived of it again ? was it then usurped from princes ; and are , now , princes usurpers of it themselves ? — nay i trust we will be better advised , and not thus go against our selves , and let truth be no longer truth , than it will serve our turns . i shall conclude all i have to draw out of this discourse , with the same words , that the learned preacher concludes his sermon ; it remaineth that as god , by his law , hath taken this order , and his people , in former ages , have kept this order , that we do so too : that we say , as god saith , — this power pertaineth unto moses : and that neither with core we say we will not come ; nor with demetrius run together of our selves , and think to carry it away with crying great is diana . but as we see the power is of god , so truly to acknowledge it , and dutifully to yeild to it : that so they , whose it is , may quietly hold it , and laudably use it , to his glory that gave it , and to their good , for whom it was given . it will not , i hope , be thought much of , that i have so long insisted upon the judgment of this great prelate , in the present case . no man there was in that time , or perhaps in any other age of the church , that was either fitter to deliver the sense of our clergy , or better qualified to maintain it . i might add that this discourse , being preached first , and then publish'd , by the express command of the king , carries with it somewhat more than a private authority and when it shall be consider'd how little a while it was , before this , that that convocation met , which took such care both to explain its sense of the royal supremacy , and to give the utmost cononical enforcement , that could be given to it ; we may well conclude this to have been the vniversal judgment of our church divines in that reign ; as we are sure it was of those , of the reign foregoing . i have already alledged the authorities of those two eminent archbishops , whitgift , and bancroft : to these i have added those of bilson , and hooker ; and i thought it but reasonable to give them a place in the same period in which their books were publish'd . but yet i must observe , that the most of these , not only continued to the present time ; but attain'd to their highest promotions under this government the synod of , was held under the presidence of bancroft , then bishop of london : bishop bilson , was a member of it ; and , no doubt , concurr'd heartily to the passing of those canons , which relate to the king's supremacy in it . i shall therefore , here , add only the judgment of one learned man more ( who must never be mentioned but with a particular respect by us ; ) mr. mason ; and that out of a work which he wrote expresly in vindication of the reformed church , and ministry of england . champanaeus , his adversary , had thus far allow'd of the authority of the christian prince in matters of religion ; that he might make laws in defence of the true religion ( which he was to learn from the clergy ) and might , nay was bound , to see them put in execution . but that princes should have a power of judging , or defining , in ecclesiastical matters , as the proper judges , and hearers of them , this , he says , is a paradox never heard of in the christian world , before the time of henry viii . to this mr. mason replies , that it is indeed the business of pastors to explain the doubtful things of the law : but that it belongs to the prince to promulge the truth , when known , and to command his subjects to obey it . — that he must judge whether the priests do go according to the law of god. — and to that end , must search the scriptures ; pray to god ; advise with learned men ; and not be led away with the fair titles , or characters of any , nor have so much regard to the number of votes , as to truth . upon this foundation he proceeds , at large , to assert these following points . . that it is the prince 's business to call councils , and to appoint the time , and place of their assembling — . that he has the power to propose to the bishops and clergy , what shall be treated on in their synod . . to prescribe the rule , and measure of judging . . to restrain them from calling in question the faith already orthodoxly setled , in former synods . . to rescind the pernicious decrees of councils , and to confirm and ratify , such as are pious , and wholesom , by his authority . [ lib. iii. c. iv . p. . ] to which points , thus put together by himself , let me add from the other parts of his discourse ; . the power to preside in synods , and to govern their acts. . to appoint judges in ecclesiastical matters , and over ecclesiastical persons . . to judge between the bishops , if they shall happen to differ , even in matters of faith. and , lastly , to suspend the acts of councils , tho' in relation to points of doctrine , so that during such suspension , they shall not take effect . this is that authority which this renowned defender of our ministry and reformation , look'd upon as due , of right , to the christian prince . of what esteem this work in those days was , may be gather'd not only from the great care , and accuracy with which it was composed ; but from that concern which the archbishop of canterbury shew'd for the publication of it . twice it was solemnly dedicated to king james : and being first publish'd in our own language , it was thought considerable enough to carry both the doctrine , and defence , of our church to those abroad , in a latin translation . and i have never yet heard that any of its adversaries could charge it with any false representation of our church's sense , how little soever they pretended to be satisfied with his vindication of it . king charles i. but i shall not tarry any longer in this reign ; but proceed to pursue the history of the supremacy , in the sense of our most eminent bishops , and divines , during the unfortunate reign of that excellent prince , and true friend of our church , king charles the first . and here , one would have thought , that the account i took care , on purpose , to give , with a more than ordinary particularity , of the convocation of , might have sufficiently convinced all unprejudic'd persons , what the judgment of those times was , in the present case . but since it is insinuated by some , who cannot deny but that that prince did , in fact , both claim , and exercise , all that power over the convocation , for which i am pleading ; as if all this were done meerly in compliance with the iniquity of our laws , and not as what either the king , or his archbishop , in their own consciences , approved of ; i will proceed to clear this matter , a little farther ; and shew , that we have all the reason in the world to believe , that in the management of that convocation , they , both of them , acted not more agreeably to the laws of the realm , than to the real sense of their own judgment . it was but about twelve years before the meeting of that synod , that upon the breaking out of some disturbances , upon the account of the arminian tenets , the king was induced to publish anew the articles of religion , and to prefix his royal declaration to them , suitable to that occasion . the words of this declaration are these : being , by god's ordinance , according to our just title , defender of the faith , and supreme governor of the church within these our dominions ; we hold it most agreeable to this our kingly office , and our own religious zeal , to conserve , and maintain the church , committed to our charge , in unity of true religion , and in the bond of peace ; and not to suffer unnecessary disputations , altercations , or questions , to be raised , which may nourish faction both in the church and commonweal . we have therefore , upon mature deliberation , and with the advice of so many of our bishops , as might conveniently be called together , thought fit to make this declaration following : that the articles of the church of england ( which have been allow'd , and authorised heretofore , and which our clergy , generally , have subscribed unto ) do contain the true doctrine of the church of england , agreeable to god's word : which we do , therefore , ratify , and confirm , requiring all our loving subjects to continue in the vniform profession thereof , and prohibiting the least difference from the said articles ; which , to that end , we command to be new-printed , and this our declaration to be publish'd therewith . such is the beginning of this declaration ; and in which we may already observe , several notable instances of that supremacy we are enquiring into . for , st . it is plain this king thought himself authoriz'd , as supreme governour of the church within his dominions , to take care of the vnity of it ; and to put an end to those disputes , which some had raised , to the manifest endangering of it . dly . upon his own mature deliberation , and with the advice of such of his bishops as he thought fit to call to his assistance ; he judges anew of the doctrine of the church , contain'd in the xxxix articles , and confirm'd by so many synods of the clergy , as had met , since the first establishment of them . and , dly , upon that judgment , he again ratifies and confirms them ; and requires all his subjects to continue in the vniform profession of them . but we will go on with the declaration , which the king farther makes : that we are supreme governor of the church of england ; and that if any difference arise about the external policy , concerning the injunctions , canons , or other constitutions , whatsoever , thereto belonging ; the clergy , in their convocation , is to order and settle them , having first obtain'd leave under our broad seal so to do ; and we approving their said ordinances and constitutions ; provided that none be made contrary to the laws and customs of the land. this is the next paragraph ; and it gives us a clear account of the ecclesiastical constitution of the synods of this realm . to them it belongs to deliberate of what concerns the policy of the church ; and to make canons , &c. for the ordering of it . but before they can do this , they must have the king's leave , not only to sit ; but to go about any such work , being sate : and having done it , the king is to have the last review ; he is to confirm , or reject , what they do ; and even that too within the bounds that the laws have set both to him and them. but we will go yet farther . in the next place then the king thus declares ; that out of our princely care , that the church-men may do the work which is proper unto them , the bishops , and clergy , from time to time , in convocation , upon their humble desire , shall have licence under our broad seal , to deliberate of , and to do all such things , as being made plain by them , and assented unto by us , shall concern the setled continuance of the doctrine , and discipline , of the church of england now established , from which we will not endure any varying , or departing , in the least degree . and here we have not only our former reflections , again confirm'd , but with an addition of some farther instances of the prince's authority in these cases . the clergy in convocation , are humbly to move the king for his licence , to do , what they shall judge to be necessary , for the better establishment of either the doctrine , or discipline , of the church of england . to this the king is pleased to promise them , at all times , a favourable answer : that they shall have leave to do , what they desire , and he shall judge needful , to be done by them . but still he declares it shall be with this restraint , that what they desire to do , be consistent with the doctrine and discipline of the church , already establish'd : for from that , the king resolved that the clergy , even in convocation assembled , should not be at liberty to vary , or depart in the least degree . all which being supposed , yet still they are only to deliberate , and make plain to the king , what they think to be of use , even within these restrictions . but the king is to allow , or not allow of it ; and upon his rejecting , or ratifying their resolutions , the whole authority , and even subsistence of them is to depend . such was the opinion which this prince had of his own royal authority over the convocations of his bishops and clergy . wherein the power here claim'd by him , comes short of what our laws have assign'd the king , and i , in my late treatise on this argument , have contended for ; it will , i believe , be very difficult to shew . i shall only add , that this declaration was made by him , with the advice of so many of the bishops , as might conveniently be called together . who those bishops were , with whom the king consulted upon this occasion , we are not told . but that archbishop laud was one of them , we have all the reason in the world to believe . he was , at that time , a privy-counsellor ; dean of the chappel ; and one of the commissioners for the administring of the archbishoprick , upon the sequestration of archbishop abbot ; and especially advised with by the king , in all matters of importance , relating to the affairs of the church . and upon all which accounts we may venture almost confidently to say , that this declaration was , without controversy , publish'd by his advice , above any others ; and speaks his sense , in these matters , no less than the king 's . it is indeed a thing justly to be wonder'd at , after what i have formerly publish'd , that any one who pretends to have any veneration for the memory of that great prelate , should be able to make any doubt of his judgment in this particular . the integrity which he shew'd in all his actions , sufficiently assures us , that what he swore to , in the oath of supremacy ; subscribed in the articles of religion ; approved of in the canons of the church ; advised in this last declaration ; and acted under at the head of the convocation , anno , was undoubtedly agreeable to the inward sense of his own mind . and i would desire those who , upon such slender grounds , now insinuate the contrary , to consider , what a mean spirit they must take a person of his high character to have been acted by ; who can suppose , that in a matter of such vast concernment to the church , and upon which the divine rights , and authority of it , in their opinion , so much depend ; he should nevertheless , against his own conscience , run in with the iniquity of the times , and thereby give so dangerous a countenance , to those enslaving principles , to which he submitted . however , since such is the rashness of some men , that they care not what injury they do the greatest personages , so they may but seem thereby to justify their own errors ; i will now give such an evidence , not only of that archbishop's , but with his of all the other bishops , and the whole convocations sense , in this case , as will , i think , admit of no exception . in the canons of ; ( and whose authority , tho' i pretend not to assert , yet i conceive i may , without offence , produce them as a private evidence of the judgment of those who compos'd them ; ) the very first is concerning the regal power . in this they not only approve of the acts made for the acknowledgment of the king's authority over the state ecclesiastical ; but enjoin them all to be carefully observed , by all persons whom they may concern . they add : that a supreme power is given , by god himself , to kings , to rule and command all persons , of what rank soever , whether ecclesiastical , or civil . the care of god's church , say they , is so committed to kings in scripture , that they are commended when the church keeps the right way , and taxed when it runs amiss : and therefore her government belongs , in chief , unto kings . for otherwise , one man would be commended for anothers care , and taxed for anothers negligence , which is not god's way . the power to call , and dissolve , councils , both national , and provincial , is the true right of * all christian kings , within their own realms and territories . and when , in the first times of christ's church , prelates used this power , 't was therefore only , ‖ because in those days they had no christian kings . and again , in the viiith canon , they oblige all preachers positively , and plainly , to preach , and instruct the people , in their publick sermons , twice in the year , at least ; — that they ought willingly to submit themselves , unto the authority , and government of the church , as it is now establish'd under the king's majesty . it is therefore as plain , as any thing can well be ; that this convocation undoubtedly approved of all the laws ( even this of the submission of the clergy : ) made for the security of the king's authority over the state ecclesiastical ; that they look'd upon the government of the church to belong , in chief , unto kings : that they accounted the power of calling and dissolving synods , to be the true right of all christian princes ; and that the bishops have only then a power to do this , when the church is in a state of persecution , and the necessities of it enforce them thereunto . and , by consequence , that they themselves not only met and acted under the powers , * i have formerly shewn , because they were forced so to do , but approved of the vse which the king made of them ; and were satisfied , that in meeting , and acting , according thereunto , they behaved themselves so as became christian bishops , and clergy-men to do , under the favour and authority of a christian king. i shall observe only this one thing farther , to prevent any new cavils in this particular ; that we are assured by him , who best knew it , archbishop laud himself ; that these canons were pass'd with the greatest freedom , and vnanimity , that ever any canons were : so that upon that account also , we may the more undoubtedly look upon them , as delivering the real sense of the church of england in those days . to the judgment of this archbishop , and the convocation held by him , let me subjoin that of an eminent bishop in our neighbour country , the learned bramhall , afterwards archbishop of ardmagh , and primate of all ireland . in his survey of the scotch discipline , among other exceptions which he takes at it , we have these , to our purpose , particularly insisted upon by him : that they affirm , st , that ecclesiastical persons have the sole power of convening , and convocating synods . dly , that no persons , magistrates , or others , have power to vote in their synods , but only ecclesiastical . dly , that synods have the judgment of true and false religion , of doctrine , heresy , &c. that they have legis-lative power , to make rules and constitutions , for keeping good order in the kirk , — and all this without any reclamation , or appellation , to any judge , civil or ecclesiastical . thly , that they have these privileges not from the magistrate , or people , or particular laws of the country , — but immediately from god , &c. lastly ; that they have all this power , not only without the magistrate , but against him ; that is , tho' he dissents , &c. so different a notion had this great writer of these powers of the kirk , for which our late author so highly applauds them ; and sets up their discipline above our own , slavish constitution . but the archbishop proceeds ; and against these vsurpations of the kirk , lays down , chap. ii . these orthodox , church of england principles . that all princes and states , invested with sovereign power , do justly challenge to themselves the right of convocating national synods of their own subjects ; and of ratifying their constitutions . — and that he is a magistate of straw , that will suffer the church to convene , whensoever , or wheresoever , they list : — to convocate before them whomsoever they please : — to change the ecclesiastical policy of a common-wealth ; to alter the doctrine and religion establish'd ; and all this of their own heads , by a pretended power given them from heaven . synods ought to be called by the supreme magistrate , if he be a christian — and either by himself , or by such as he shall please to chuse for that purpose , he ought to preside over them — this power the emperors of old did challenge over general councils : christian monarchs , in the blindness of popery , over national synods : the kings of england over their great councils of old , and their convocations of latter times . but , say they , we give the magistrate a political power to convocate synods ; to preside in synods ; to ratify the acts of synods ; to reform the church — here are good words , but they signify nothing . for , in plain english , what is this political power to call synods , &c. — it is a duty which the magistrate owes to the kirk , when they think necessary to have a synod convocated , to strengthen their summons by a civil sanction ; to secure them in coming to the synod , and returning from the synod : — to compel obstinate persons , by civil laws and punishments , to submit to their censures and decrees . what gets the magistrate by all this ? — for they declare expresly , that neither all the power , nor any part of the power , which synods have to deliberate of , or to define ecclesiastical things , doth flow from the magistrate . — but can the magistrate call the synod to account for any thing they do ? can he remedy the errors of a synod , either in doctrine , or discipline ? no : — this is one main branch of popery , and a gross encroachment upon the right of the magistrate . and accordingly we find him charging the papists with it , in his writings against them . he maintains , that all ecclesiastical coercive jurisdiction , did originally flow from the civil magistrate . he bids them weigh all the parts of ecclesiastical discipline , and consider what one there is which christian emperours of old did not either exercise by themselves , or by their delegates ; or did not regulate by their laws , or both. and then , particularly instances in the points of , calling councils ; presiding in councils ; dissolving of councils , and confirming councils . and pag. . he insists upon it as one just ground of our separation from the court of rome ; that they endeavour'd to rob the king of the fairest flowers of his crown ; namely of his right to convocate synods , and to confirm synods within his own dominions ; of his legis-lative , and judiciary power , in ecclesiastical causes , &c. to the opinion of this learned prelate , were conformable the sentiments , of all the other bishops , and clergy of these kingdoms , as to these matters . christian emperours , says bishop davenant , heretofore called councils . — as in civil causes , princes advise with their learned in the law , so in theological matters , they ought to consult with their divines . — yet are they not so tied up to the opinions of their clergy , but that if they go contrary to the law of god , princes are obliged by their duty , as kings , to set forth the true religion to their subjects , tho' the clergy should never so much , or so generally , oppose them in it . and in another of his books , he proves the last judgment , in matters of religion , to belong to princes , by this argument . he to whom the holy bishops remit their decrees to be examined ; from whom they desire the confirmation of them ; whom alone they acknowledge to have the power to prescribe to the people the true religion , by a judiciary , coactive power ; him they constitute supreme judge in the business of religion . but all this is ascribed to pious emperours and kings ; as both from councils and fathers , may evidently be made appear . i add , that the clergy cannot , by vertue of their function , compel the king to receive for the true religion , whatsoever they shall resolve , by their votes , so to be : — but they must direct him by god's word , and always leave it to him to confirm that by his authority , which shall to him , upon examination of their reasons , appear to be agreeable to god's word . kings sin when they throw off all care of religion ; and leave it to their bishops alone : confirming by their authority , and defending with their sword , whatsoever faith , they shall think fit to prescribe . it is true indeed , that as other christians , so princes themselves are to be directed in matters of religion , by the fathers of the church : but they are to be directed by the light of god's word ; and not to be drawn at the pleasure of bishops , to the defence of any errour whatsoever . the church of england did not innovate , says dr. heylin , in setling the supremacy in the royal crown . — the like authority was exercised , and enjoy'd by the christian emperours , not only in their calling councils , and many times assistiug at them , or presiding in them ; by themselves , or their deputies , or commissioners ; but also in confirming the acts thereof . the like he shews to have been done by our own kings heretofore ; and then concludes thus ; so that when the supremacy was recognized by the clergy , in their convocation , to king henry the viii . it was only the restoring of him to his proper , and original ▪ power . if you conceive that by ascribing to the king the supreme authority , taking him for their supreme head , and by the act of submission which ensued upon it , the clergy did unwittingly ensnare themselves , and draw a vassallage on those of the times succeeding , inconsistent with their native rights , and contrary to the usage of the primitive church , i hope it will be no hard matter to remove that scruple . — its true , the clergy of this realm can neither meet in convocation , nor conclude any thing therein ; nor put in execution any thing which they have concluded , but as they are enabled by the king's authority . but then it is as true , that this is neither inconsistent with their native rights , nor contrary to the usage of the primitive times . — i grant , indeed , that when the church was under the command of the heathen emperours , the clergy did assemble in their national , and provincial synods , of their own authority . which councils being summon'd by the metropolitans , and subscribed by the clergy , were of sufficient power to bind all good christians , who lived within the verge of their authority . but it was otherwise when the church came under the protection of christian princes . as for the vassallage , which the clergy are supposed to have drawn upon themselves , by this submission ; i see no fear , or danger of it . — that which is most insisted on for the proof hereof , is the delegating of this power by king henry the viii . to sir thomas cromwell , — by the name of his vicar general in ecclesiastical matters ; who by that name presided in the convocation , anno . and this is look'd upon both by saunders , and some protestant doctors , not only as a great debasing of the english clergy , but as a kind of monstrosity in nature . but certainly these men forget — that in the council of chalcedon , the emperour appointed certain noble-men to sit as judges , whose names occur in the first action of that council . the like we find exemplified in the ephesine council ; in which , by the appointment of theodosius and valentinian , the roman emperours , candidianus , a count imperial , sat as judge , or president . it is not possible to imagine any thing more express to our present concern , than what this learned , and zealous defender of our church has here advanced . if any one should be so uncharitable as to imagine , that this great man had any byass of private interest upon him , when he wrote this ; he may please to know , that this book was set forth by him in the time of oliver cromwel , when our church was in its worst estate ; and there seemed but little hopes remaining of its ever recovering its self to a new establishment . but indeed this was his real judgment ; and the general sense of our clergy in those days . nor had our greatest church-men then learnt either to think otherwise of the princes right ; or to run down the learning , and piety , of those holy men , by whose courage and conduct the reformation was carry'd on ; and many of whom sealed the sincerity of their opinions , with their own blood. king charles ii. i have now but one period more to pass over , and that a very short one too ; wherein i am to enquire , how this doctrine continued to be received after the restauration of king charles the ii. and upon that last reveiw , that was then made of our constitution . that , at that time , both the king , and his parliament , were not only well affected to the interests of our church , but ready to concur with whatever the convocation could reasonably have proposed to them , for the better settlement of it , is not to be doubted . but what then did they do , as to this matter ? was this enslaving act , made by our ‖ saint henry the viii . and continued by all his ⸪ oppressing successors of the reform'd religion ; repealed by this zealous , church-parliament ? or , because that cannot be pretended ; did that reverend synod , which altered so many other things , ever once touch upon this , and were stop'd in it ? neither can that be affirm'd . was there , in that large body , any one , ( but one ) generous , freeborn spirit , who being scandalized at the restraints under which the divine rights of the church had so long lain , moved the convocation to protest against the king's supremacy , if they could not yet be so happy as totally to shake it off ? neither does any thing of this occurr , in the diary , which i have seen , of that convocations proceedings . now that which makes me the rather to remark this , is , that both that parliament , and that convocation , had this very business of the king's supremacy , and the churches power , under their consideration : and an act was made for the better execution of the one , but still so as not to prejudice the other . here therefore was a just opportunity given to the convocation to have declared its self ; and for the parliament to have provided for the liberties of the church . they were actually repealing one branch of that very statute , of the first of eliz. c. . and two lines more had done the business . but alas ! they were both negligent in this particular : or rather , ( for that is the truth , ) they neither of them thought the church was at all oppress'd , by this just jurisdiction of the prince over it . but we know acts of parliament are obstinate things , and will no longer bend , as they were wont to do , to the ecclesiastical canon . did the synod therefore , at least , make bold with its own constitutions ; and rescind those base , and flattering canons , which stampt upon this act the churches approbation ; and , by so doing , sign'd the theta upon her rights , liberties , and authorities ? on the contrary , they continue still in force ; and have ( as far as one of king henry's convocations has power to do it ; ) ipso facto excommunicated some among us , who , while they make a noise in the world , as if they only were the true sons of the church of england , are really cut off from all communion with her. in a word ; when upon the review of the liturgie , several other alterations were made in the forms of ordaining of bishops , priests , and deacons ; did they slip aside the oath of supremacy , that bond of iniquity , contriv'd by the atheists , and erastians , of the parliament in the first of q. elizabeth , on purpose to run down the rights of the clergy ; and set up an oppressive supremacy over them ? but , they still stand as they did before ; and may move some to consider , who have been ordain'd by these forms , how to reconcile the solemn recognition of that oath , in behalf of the king's authority , with what they have since written , with so much bitterness , against it . but tho' the convocation therefore did nothing to recover the church out of that slavish estate , into which former convocations , and parliaments , had brought her ; it may be some others of the clergy , at least , in their writings on this subject , may have remonstrated against it . that any have done so , till this present controversy began , is what i never heard : this i know , that several have asserted , and , which is more , defended too , the supremacy , on its present legal bottom , beyond the possibility of a reasonable reply . among these i know not whom more properly to mention , in the very first place , than our pious , and learned bishop taylour . it was but a very little while before the restauration of king charles , that he published his excellent book of cases of conscience ; and which has never , i conceive , fallen under any censure , tho' often re-printed , since . in these having first , in general , shewn , that the prince has authority in matters of religion ; and asserted it so highly , as to say , that without it , he is but the shadow of a king , and the servant of his priests : he proceeds , more particularly , to lay down this , as his next rule of conscience ; that kings have a legislative power , in the affairs of religion , and the church . which having also shewn ; his next conclusion to our purpose is this ; § . . the supreme civil power , hath a power of external judgment , in causes of faith : that is , as he explains himself , a power to determine what doctrines are to be taught to the people , and what not . and to prevent mistake , he thus declares himself , more particularly , as to this matter . § . . i do not intend by this , that whatsoever article is by princes allow'd , is therefore to be accounted a part of true religion : for that is more than we can justify of a definition made by a synod of bishops . but that they are to take care that true doctrine be establish'd ; that they that are bound to do so , must be supposed competent judges what is true doctrine ; else they guide their subjects , and some body else rules them : and then who is the prince ? the prince then is to judge what is true doctrine ; yet this he must do , by the assistance , and ministries of ecclesiastical persons . — kings are the supreme judges of law : — yet in cases where there is doubt , the supreme civil power speaks by them whose profession it is to vnderstand the laws . and so it is in religion : the king is to study the law of god ; not that he should wholly depend , in religion , upon the sentences of others ; but be able , of himself , to judge . — but the prince's office of providing for religion , and his manner of doing it , in cases of difficulty , are rarely well discoursed by theodosius the younger , in a letter of his to st. cyrill : the doctrine of godliness shall be discuss'd in the sacred council ; and it shall prevail , or pass into a law , so far as shall be judged agreeable to truth and reason . where the emperor gives the examination of it to the bishops , to whose office , and calling , it does belong : but the judgment of it , and the sanction , are the right of the emperor ; who would see the decrees should be establish'd , if they were true and reasonable . ib. § . . this i observe in opposition to those bold pretences of the court of rome , and of the presbytery ; that esteem princes bound to execute their decrees , and account them but great ministers , and servants , of their sentences — and a little lower he saith ; if he ( the prince ) be not bound to confirm all , then , i suppose , he may chuse which he will , and which he will not . — § . . he shews that princes are not bound to govern their churches , by the consent , and advice of their bishops ; but only that it is reasonable they should . for ( says he ) bishops and priests , are the most knowing in spiritual affairs ; and therefore most fit to be councellors to the prince in them . in his fifth rule , § . . he affirms , that kings have power of making laws . — and therefore , as secular princes did use to indict , or permit the indiction of synods of bishops ; so when they saw cause , they confirm'd the sentences of bishops , and pass'd them into laws . before princes were christian , the church was govern'd by their spiritual guides ; who had authority from god , in all that was necessary , and of great convenience , next to necessity : and in other things they had it from the people . for the ( better ) providing for these , god raised up princes to the church . — and then ecclesiastical laws were advised by bishops , and commanded by kings . they were but rules , and canons , in the hands of the spiritual order ; but made laws by the secular power . — these canons , before the princes were christian , were no laws farther than the people did consent ; but now even the wicked must obey . this was the judgment of that great bishop , as to the princes supremacy in matters ecclesiastical . and this judgment he delivered in his full years ; in one of his last works , and that purposely design'd to guide the consciences of such as should make use of it . i shall from him descend but to one more , whom i fitly place the last of his order ; and to whose judgment , tho' i pay no more than it deserves , yet i cannot but think it may have some weight with those , whom i am now concern'd especially to convince . in his discourse of ecclesiastical polity , chap. . he affirms , the affairs of religion to be subject to the supreme civil power , and to no other . p. . that as , in the first ages of the world , the kingly power , and priestly function , were alway vested in the same persons ; — so when they were separated , in the jewish state , the supremacy was annexed to the civil power , and so continued until , and after , our saviour's death : ibid. this he more largely delivers , p. . tho' in the jewish commonwealth , the priestly office was — separated by a divine , positive command , from the kingly power ; yet the power , and jurisdiction of the priest remain'd still subject to the sovereign prince : their king always exercising a supremacy over all persons , and in all causes ecclesiastical . the power wherewith christ invested the governors of his church , in the apostolical age , was purely spiritual : they had no authority to inflict temporal punishments , or to force men to submit to their canons , laws , and paenalties . they only declared the laws of god , and denounced the threatnings annexed to them. but when christianity was become the imperial religion , then began its government to re-settle where nature had placed it ; and the ecclesiastical jurisdiction was annex'd to the civil power . — so that tho' the exercise of the ministerial function , still continued in the persons that were thereunto originally commissioned by our saviour ; the exercise of its authority , and jurisdiction , was restored to the imperial diadem . constantine was no sooner settled in his imperial throne , but he took the settlement of all ecclesiastical matters into his own cognizance . he called synods and councils , in order to the peace and government of the church : he ratified their canons into laws , &c. in the exercise of which jurisdiction , he was carefully follow'd by all his successors . nay he doubts not to affirm , that had it not been for the care of christian princes , christianity had , in all humane probability , been utterly destroy'd by its own tumults and seditions . he adds , that this supremacy of the civil power , in religious matters , is expresly asserted by our church ; which is not content barely to affirm it , but denounces the sentence of excommunication against all that deny it . thus stood this author ' s judgment in this case , about the year : it is true , that being engaged against another sort of adversaries , and which led him to somewhat different reflections ; we find him a little gone off from this hypothesis ; in the year . yet even there he is much more for the supremacy , than those we have now to do with . he affirms indeed , p. . that from the precedent of the apostles , in the first council of jerusalem , the governours of the church , in all ages , enjoy'd a power of making canons and constitutions , for discipline , and good order . but withal he adds , that by the example of the primitive church , our bishops submitted the exercise thereof to the king 's sovereign authority , as we see in that famous act called , the submission of the clergy . whereby ( says he , p. . ) they do not pass away their power of making ecclesiastical canons ; but only give security to the government , that , under that pretence , they would not attempt any thing tending to the disturbance of the kingdom , or injurious to the prerogative of the crown . which , in truth , is such a submission , as all the clergy in the world ought , in duty , to make to their sovereign , at least in gratitude , for his protection ; and that without any abatement , or diminution of their own authority ; viz. the standing laws of christianity being secured , to submit all other matters to his sovereign will and pleasure . and p. . he approves king james reply to cardinal perron , where he lets him know , that tho' christian kings and emperors , never arrogated to themselves a power of being sovereign judges in matters and controversies of faith ; yet for moderation of synods ; for determinations , and orders , establish'd in councils ; and for the discipline of the church ; they have made a full , and good vse of their imperial authority . such was the last sense , if i mistake not , of this writer ; and that when he was in his highest exaltation of the churches authority . and all the difference i can find between his own last , and first opinion , is but this ; that what he before gave the christian prince as his own due , he now grants him by the concession of the clergy ; yet so , as to declare the clergy bound to yeild it to him , and to affirm the churches rights to be in no wise injured , or impeach'd by it . but i shall not insist any longer on this authority ; but pass on to consider the judgment of an author , or two , of a lower rank ; but whose learning , and steddiness , will much more recommend them to all sober , and indifferent persons . of these the first i shall mention , shall be our excellent dr. falkner ; who in his discourse of christian loyalty , fully examines , and determines the case before us. concerning the christian doctrine , and profession , ( says he ) tho' no authority has any right to oppose any part of the christian truth ; yet princes may , and ought to , take care of the true profession thereof in their dominions ; and to suppress such dangerous errours , as are manifestly contrary thereunto . — but in cases of difficulty , for the deciding , or ending of controversies , about matters of faith ; the disquisition , and resolution of the spiritual guides , ought to take place , and be embraced . — in such cases , the catholick christian emperours , did , by their authority , establish the decisions of the oecumenical councils . but in matters of truth which are plain , and manifest from the holy scriptures themselves , or the declarations of approved councils agreeing therewith ; the saecular governour , so far as is necessary , may proceed upon the evidence thereof to his own understanding . in establishing rules and constitutions for order , decency , and peace , it belongeth to the ecclesiastical officers to consult , advise , and take care thereof . — but yet this with such dependance upon the royal power , as king charles has declared — [ that is ; that they first obtain the kings leave to do it ; and execute nothing but with his approbation . see above § . . ] in such an extraordinary case , as that in the primitive times was , when the civil power will not own the church ; the ecclesiastical governours , by their own authority , may establish necessary rules of order , as was then done . but since the external sanction of such things , doth flow from the general nature of power and authority ; wheresoever the temporal power will take that care of the church , which it ought , it hath a right to give its establishment to such constitutions ; and the ecclesiastical officers , as subjects , are bound to apply themselves thereto , for the obtaining of it . the calling of councils , so far as is needful for the preservation of the peace and order of the church , may be perform'd , as the former , by ecclesiastical officers , where the civil disowneth the church . but this being no particular exercise of the power of the keys , but only of a general authority , doth peculiarly belong to the prince , or supreme governour , if he will make use thereof . — the antient right , and exercise of the authority of kings , in summoning provincial , or national councils , is sufficiently observed , and asserted , by p. de marca . but indeed he himself in his th chapter , abundantly demonstrates both that , and all the rest that is contended for , in the present dispute . and the heads of which are such as these : that the antient emperours had power to call councils : p. , , , , , : to be present at them : p. , . and by themselves , or their deputies , to preside in them : p. , , . to direct them what they should consult about : p. , , . to appoint the time , and place , of their meeting : p. , . to keep the bishops from leaving the council , till all should be finish'd for which it was called : p. . to confirm what they do aright : p. , , , , , . to rescind what they do amiss : p. . to suspend their acts from taking effect , till they should give way to it : p. . these are the instances which may be observed , in that chapter , of the jurisdiction and authority , which the antient emperours exercised over their synods heretofore : and by which we are to expound , as our church has taught us , the supremacy of our own princes in the like cases . i shall conclude what i have to observe from this learned writer , with a remark , which i wish some men would be perswaded a little more seriously to consider : p. . some things which , at first sight , may seem an abatement of the authority of the church , is rather such a way of regulating the exercise of its power , as , under religious princes , is for the churches advantage . of this nature i conceive that constitution [ of the h. viii . ] that no new canons shall be enacted , promulged , or executed , without the royal assent , and licence , to enact , promulge , and execute the same . for hereby the cergy give such security to the king , against all jealousies of renew'd ecclesiastical usurpations , that thereupon the church may , under the kings favour , and with the assurance of greater safety and protection , practise upon its establish'd constitutions ; which are so good , that we have great reason to bless god for them . and hereupon it may also be hoped , that what shall be farther needful , may be super-added , by the royal licence ; and become more effectual to its end , by the confirmation of that authority . there is yet one author more , who must not be pass'd by ; our learned , and accurate dr. barrow : and a better than whom i could not have desired , to close up this collection withall . in his treatise of the vnity of the church ; ( a discourse which would some men more diligently read , and more judiciously consider , they would not talk so loosely as they do , on that subject : ) he gives us this account of the state of the church , in the times immediately after christ. each church did , seperately , order its own affairs ; without recourse to others , except for charitable advice , or relief , in cases of extraordinary difficulty , or urgent need. each church was endow'd with a perfect liberty , and a full authority , without dependence , or subordination to others ; to govern its own members ; to manage its own affiairs ; to decide controversies and causes incident among themselves ; without allowing appeals , or rendring accounts , to others . it is true that the bishops of several adjacent churches , did use to meet upon emergencies , — to consult , and conclude upon expedients , for attaining such ends ( as they met for . ) this probably they did at first in a free way , without rule , according to occasion , as prudence suggested : but afterwards by confederation , and consent , these conventions were formed into method , and regulated by certain orders , establish'd by consent ; whence did arise an ecclesiastical unity of government , within certain precincts . hence every bishop , or pastor was conceived to have a double relation , or capacity ; one towards his own flock , another towards the whole flock . of councils , he thus delivers his opinion . general councils , are extraordinary , arbitrary , prudential means , of restoring truth , peace , order , discipline . — during a long time the church wanted them ; afterwards had them but rarely ; and since the breach between the oriental , and western churches , for many centuries , there hath been none . the first general councils , ( indeed all ) were congregated by emperours ; — their congregation dependeth on the permission , and pleasure , of secular powers ; and , in all equity , should do so . and in his most elaborate treatise of the popes supremacy : the most just and pious emperours , who did bear greatest love to the clergy , — did call them without scruple : it was deem'd their right to do it ; none did remonstrate against their practise . the same he shews of national and provincial councils , p. , &c. to these they summon'd the bishops in a peremptory manner , and directed both the time , and place of their meeting . the popes petition'd them to call [ councils ] and sometimes they prevailed , and sometimes they did not . this power , upon many just accounts , peculiarly doth belong to princes . it suiteth to the dignity of their state ; it appertaineth to their duty ; they are most able to discharge it . — they alone can , well , cause the expences needful for holding synods , to be exacted and defray'd : they alone can protect them ; can maintain order , and peace , in them ; can procure observance to their determinations . they alone have a sword to restrain , resty and refractory persons : — to oblige them to convene ; to conferr peaceably , to agree , to observe what is setled . it inseperably doth belong to sovereigns , in the general assemblies of their states , to preside and moderate affairs ; proposing what they judge fit to be consulted , or debated ; stopping what seemeth unfit to be moved ; keeping proceedings within order and rule ; and steering them to a good issue : checking disorders and irregularities , which the distemper , or indiscretion , of any persons , may create in deliberations or disputes . — this therefore he shews the emperours to have done , in all the first synods . the word presidency hath an ambiguity : — it may be taken for a priviledge of praecedence , or for authority to govern things . this latter kind of presidency , was disposed of by the emperour , as he saw reason . the power of enacting , and dispensing with , ecclesiastical laws , touching exteriour discipline , did of old belong to the emperour : and it was reasonable that it should . by many laws , and instances it appeareth , that appellations have been made to the emperours in the greatest causes . — so the donatists did appeal to constantine : athanasius , and the aegyptian bishops , to the same ; priscillianus to maximus : idacius to gratian. — iii. and here i shall put an end to these collections . it would have been a very easie matter to have added many more ‖ authors , than i have here alledged , and to have much enlarged upon those which i have produced . but what is already done may suffice ; till those who now advance the contrary opinion , shall be able , at least , to make some tolerable proof , that they do not forsake the received doctrine of our church , in opposing an authority , ⸪ by law , confessedly , establish'd : and , i think , no less confirm'd by our articles , and canons , too . it remains now , that i take the liberty freely to appeal to every sincere member of our communion , to judge in this case , between me , and those , who so warmly oppose me , and so highly charge me , upon this occasion : and to consider , what i have done , with relation to the rights , and liberties , of the church of england , for which i ought to humble my selfe before god , and to make a satisfaction to her. is it that i have asserted the king's authority , over the ecclesiastical synods of this church , and realm ? but so the laws speak , as well as i : and to these , both the articles , and canons of the church , require me to conform . nay , they do more ; they require me not only to conform my self , but to do , what in me lies , to move all others to the observance of them . and if for this i must be censured ; these laws , and canons , must run the same fate with me. and i shall always account it an honour , to suffer , for asserting the laws of the realm ; and for maintaining the doctrine , and constitutions of the church of england . or is it that i have gone beyond the bounds of the law , and given a greater , and more general authority , to the christian prince , than either the submission of the clergy , or the act of king henry the viiith founded thereupon , have declared to belong to him ? this , for ought i know , i may have done , and yet not be guilty of any fault neither , in the doing of it . i have before said , and do here again repeat it , with the same assurance i at first delivered it ; that i do not found the right of our kings to this jurisdiction , either upon that , or upon any other act , that has been made in pursuance of it . i fix it upon the right of ‖ sovereignty in general ; and upon that antient jurisdiction , in causes ecclesiastical , which the very statute of queen elizabeth speaks of ; and allows to have been always , of right , belonging to the imperial crown of this realm . to this our * laws themselves agree : they speak still of restoring to the crown its antient rights ; and our † lawyers have accordingly constantly affirm'd , that these acts ; and particularly that which we are here especially concern'd in , the eliz. c. . was not introductory of a new law , but declaratory of the old. and therefore , before i can justly be condemn'd upon this account , my proofs must be answer'd ; and it must be shewn , that what i ascribe to the king , is not a parcel of that jurisdiction , which was once enjoy'd by the kings , and princes , of this realm ; and did always , of right , belong to them . and that , i believe , it will be no easie matter to do . st . i affirm that it is the right of every christian king , to call his clergy together in convocation ; and that without his call , they cannot regularly assemble , to any such purpose , of themselves . but so our law expresly declares ; that the convocation shall evermore be called by the king 's writ : and it is notorious to every one , who has any knowledge in these matters , how dangerous it would be for the clergy to presume to come together without it . dly . i assert that the very persons who meet in our convocations , are determined , and empower'd , by the king 's writ ; and that none have a right to assemble , but such as he calls by it . let the writs of summons be examined , and let it there be seen whether the case be not so , as i pretend it to be . let this author tell me , if he can , why such and such dignitaries are required , personally , to come to the convocation ; others to send such a certain number of delegates to represent them ; but that the writ of summons so directs , so authorizes them to do ? and tho' i do not suppose it to be now in the king's power to alter this form , yet the sovereign legislative authority , may , without controversy , do it ; and appoint any other method of framing the lower house of convocation , that should appear to them to be more proper and expedient . dly . i declare , that by our law , the convocation can deliberate on no canons , or constitutions , without first obtaining the king's licence so to do . it is the express resolution of the act of submission : and our convocations do accordingly , notoriously , govern their proceedings by it . thly , i add , that heretofore , the christian emperors prescribed to their synods , the very method they should observe , in handling the matters which lay before them . this indeed i affirm ; and , i think , i have proved it too . and , if to this end , our king should think fit , either himself to come ; or to appoint any other to preside in his stead , and direct the debates of our synods , as he should command them to do ; i do not see that he would therein do any more , than what some of the best christian princes have done before him . thly , i pretend , that to the civil magistrate it belongs to confirm , or annihilate , such of the acts of their synods as they think fit . our laws agree to it ; our kings claim it ; our convocations submit to , and approve , of it . and let those who scruple this , consider , how low they sink the authority of a prince ; if they leave him not the power , which every ordinary person claims , of judging for himself ; but would oblige him , at a venture , to confirm whatsoever the lords of the consistory shall please to define . thly . that the prince may alter their constitutions , i no otherwise affirm , than as i say it is in his power to make laws in matters ecclesiastical : and that for the doing of this , he may advise with his clergy , and follow their counsel , so far as he approves of it . thus charles the emperor made up his capitular : and thus any other sovereign prince , may take the canons of the church , and form them in such wise into an ecclesiastical law , as he thinks will be most for the honour of god , and the good of his people . thly . in cases of appeals , i shew what power the antient emperors both claim'd , and exercised : and i modestly vindicate to our own sovereign the same authority , which the fathers of the church , without all scruple , allow'd to their princes . and except it be in such cases where the king is a party , and the appeal therefore is to stop at the vpper house of convocation ; i see no reason why this authority should not be reserved to the king , and i conceive the law of our realm does allow of it . thly . as for the dissolving of the convocation , that is so evidently a part of the royal jurisdiction , and has been so fully adjudged to belong to the king ; that i do not see what exceptions can be taken at it . however the constant practice of our convocations , in this matter , is on my side : and i have herein ascribed no authority to the prince , but what our clergy , for above these hundred and fifty years last past , have constantly submitted to ; and , by that submission alone , have sufficiently vested in him. but if i am not mistaken in point of law , what is it that deserves so tragical an outcry , as this late author has made against me ? is it , that being a clergy-man my self , i appear'd in defence of the king's authority over the clergy ; and which , in some mens notion , is the same thing as to say , against the rights of the church ? so indeed the convocation seem'd to think , in the case of dr. standish , heretofore ; and so some seem to account it now . but , god be thanked , the reformed church of england , never yet thought it any offence in her clergy to stand up for the just rights of the prince ; nor have i any apprehension that i shall ever be condemn'd , upon this account , by any true members of her communion . and for others , give me leave to ask , only ; am i the first , of our order , that have appear'd on this occasion ? or do i stand alone in this cause ? but what then shall we say of all those learned bishops , and clergy-men , whose books i have here quoted to the same purpose ? nay rather , what shall we say of those whole convocations , who compiled our articles , and canons ? and have obliged us thereby , not only occasionally to defend the kings supremacy ; but to the best of our wit , learning , and knowledge , publickly to declare , and confirm it to our congregations , four times every year . if this be that for which i ought to be censured ; i am afraid so great a part of our order will go along with me , as may make it even scandalous to stay behind : and be number'd among that little , noisy , turbulent party , that now set themselves up as judges over us. but if both the law be on my side ; and it be no improper enterprize for a clergy-man to appear in ; what shall we say , more ? was the time improper ? did i take an unseasonable opportunity of asserting this authority ? nay but this they should have consider'd , who by appearing so eagerly against the princes power over the convocation , made it absolutely necessary for some or other of our church , to do her right ; and let the world know , that she never commission'd any of her members , to broach any such principles , on her behalf . that she is content to act under the royal supremacy ; and is sensible that it is her duty so to do . that if some hot men , ( for ought she knows her enemies , ) will under pretence of asserting such a power to her , as she has always disclaim'd , endeavour to raise any jealousies in the mind of her defender against her ; it is what she cannot help : and she hopes , she shall not be the worse accounted of , for such attempts , as she neither approves of , nor knows how to prevent . and now , there is but one thing more , that can , i think , be objected against my undertaking : and i shall lay it down in the words in which it is charged upon me . for what if the publick from such a work ( inscribed to the metropolitan ) should be tempted to proceed to further resolves against the powers hierarchicall ? this i confess would be such a use of it , as i should be heartily sorry for ; tho' even , in such a case , i cannot tell whether i should ever the more deserve to be censured for what i had done . there can nothing be either so well design'd , or so carefully perform'd , of which an ill use may not be made . and if that should be sufficient to cry down any undertaking , i do not see how we shall be able to satisfie our consciences , in anything we have to do . but , in reason , i am sure the church might have expected to suffer much more by the letter to the convocation man , than by the answer which i made to it . when church-men set up their divine rights , in opposition to the laws of their country ; and upon visionary notions , endeavour to lead men into discontents against their governours ; it is natural , not to say necesiary , for princes to look to themselves , and consider how to stop those attempts at the beginning , which , experience has shewn them , may otherwise , in time , grow too strong for them. it was the intollerable insolence , and vsurpations , of the roman church , that made her first fear'd , then hated ; and , at last , crush'd the hierarchic in many places , to peices . and whatever party shall think fit to pursue the same methods , ought , in all reason , to expect the same treatment . if clergy-men will enjoy the protection of princes , it is but reasonable that they should be content to acknowledge their authority . to contend for more power , than either christ has left us ; or our calling requires , or the bishops , and councils , under the first christian emperours , pretended to , or desired ; is neither prudent , nor justifyable : it is to render the church suspected by the state ; and to set those powers in opposition to , which ought mutually to help , and support , one-another . i have before shewn what opinion a very learned man , upon this ground , had of the act of submission , now so much railed at , in these days . he look'd upon it as a law of great benefit to the church , even for this reason alone , that it freed the civil powers from entertaining any more fears , and jealousies , of the clergy . this was a remark founded upon good reason , as well as upon the experience of those former miscarriages , which the clergy had run into , for want of such a restraint . and i cannot but every day more and more acknowledge the goodness of god towards our church , in that very thing , for which some men so tragically lament the oppression , and slavery , of it : being fully perswaded that nothing , at this day , preserves us from ruin , and desolation ; but that we have not power , of our selves , to do the church a mischief ; and the prince , who sees but too much of our tempers , is too gracious to us , and has too great a concern for the churches good , to suffer us to do it . these are the advantages which i look upon the church to derive to her self from this act. it prevents all jealousies , which either the odd principles , the violent tempers , or the wicked designs , of some men , might justly raise in the minds of our governours against us : and frees them from all . temptation , as well as from all need , of laying any farther restraints upon us. it encourages the civil powers to be willing to allow us both liberty to come together , and leave to deliberate , of what may be profitable to the church ; when ever they shall judge it to be , in any wise , needful , or but proper so to do . and , in the mean while , it hinders us from throwing all into confusion , in such times of faction , and discontent ▪ of heats and animosities , as we are at present in ; to the certain scandal , and division , of the church ; it may be , to a new confusion of all things in the state too . and thus have i deliver'd the real sense of my own conscience , in the matter before me . i have shewn what my principles , as to the kings supremacy , are ; and from whom i have learnt them . that the laws , the articles , and canons of our church , are my instructors : and all these , as explain'd to me , by the greatest , and most eminent of our profession , both for character , and ability , that our church has produced ever since the reformation . all that i desire , in return , is , that those who now appear so vehemently against me , in this point , would as freely declare their sense ; and as plainly shew from whom they have received it . if they can make as fair a plea to our church's patronage , as i have here done , i must then ingenuously own , i have been greatly mistaken . if they cannot , i shall then leave them under this character ; that whatever they may pretend , they must , in reality , be either of the conclave , or of the consistory ; and manage this cause , for the pope , or for the kirk . whether of these parties they will fly unto , to me it is indifferent . this i am sure of , that if they are resolved to hold to our church , in defiance of her doctrine ; they must , at least , be confessed to be in a very low degree of communion with her : she having solemnly , by her canons , excluded them from her sacraments ; and left them no regular method of returning to the participation of them , but by the archbishop's , absolution ; and that upon sincere repentance for what they have done , and after a publick revocation of their present wicked errors . finis . errata . page vii . margin , for can. read . p. . f. . can. r. : p. . l. . f. attain'd to , r. enjoy'd . the literal errors the reader will please to correct . in my other book of the authority of christian princes : p. . blot out line . , , . in which i find my self to have been mistaken . books printed for r. sare , at grays-inn-gate . the authority of christian princes over their ecclesiastical synods asserted ; with particular respect to their convocations of the clergy of the realm , and church of england . occasioned by a late pamphlet , intituled , a letter to a convocation-man , &c. o price s. a practical discourse concerning swearing o. price s. d. also several sermons upon particular occasions . all by w. wake , d. d. notes, typically marginal, from the original text notes for div a -e municip . eccles . pref. ib. preface . municip . eccles . pref. pag. . ib. pag. . pag. . th . can. first can. ibid. p. . comp. p. . pag. , . pag. . pag. . by the , , and . can. preface . p. . ⸪ def. of the apolog. p. . . &c. ‖ bilson . p. . . . . . * whitgift . fol. † tort. torti . . . pag. . . . . see euseb. vit. const. l. . p. . comp. p. . pag. . pag. . notes for div a -e §. . § . § . the act of h. viii c. . . h. viii . c. . § . & ph. & m. c. . eliz. c. . § . eliz. c. . ib sect. . & . which i observe in answer to the peevish cavils of a late author against me on this account : municip . eccles. p. . . see below . §. . § the oath of supremacy . . h. viii . c. . and . h. viii . c. . * eliz c. , sect. . which all persons in h. orders , are , at their ordination , obliged to do . see of w. & m. c. . . eliz. c. . — from the st of eliz to the st of w. and m. above years . §. . the nine and thirty articles . * in the latin article it is supreme . §. . see p. . municip . eccles. pag. . * especially if graduated in the university too . see can. . ibid. can. v. eliz. c. . §. . of the canons of king james the first . comp. munic . eccles. pag. . municip . eccles . chap. x. p. . pag. , , . § . excommunication ipso facto . cap. . ext. de appellat . heylin ref justified . p. . . § . the testimony of our clergy in defence of this supremacy . municip . eccles . pag. . ib. p. . . § . of k. h. . & q. mary . institution of a christian man : anno. . see the convocations address to the king ; subscribed by both houses . ‖ regis ▪ senatus , populique angliae sententia de concilio &c. witebergae , anno . a. . ib. b. . bishop burnet . hist. ref. vol. . app. p. . . regis angl. epistola de synod . vincentina . vitebergae anno. . munucip . eccles . pref. fox m●rt . vol. . fox ibid. vol. p. . . strype . hist. of a. b. cranmer . p. . § . the parliament . the queen sparrow's collect . p. . . eliz. c. . § . all the bishops together . bishop burnet hist of the reform . vol. append . p. . . eliz. c. . sparrows collect . pag. . see municip . eccles. p. . § . a. b. whitgift . defence of the answer to the admonition , &c. ib. p. . whose authority the municip . eccles. also , brings against it ; p. , . ib. pag. . see municip . eccles. p. . very foolishlyly , as well as disrespectful , as to this matter . pag. . §. . archbishop bancroft . see the survey , &c. chap. xxii , xxiii . page . page . p. . municip . eccle . p. , . §. . bishop jewell . jewell def. of the apolog. p. . ibid. p. . pag. . ibid. p. . pag. . ibid. p. . pag. . ibid. p. . §. . municip . eccles . pref. and pag. . bishop bilson . pag. , to . — ibid. p. , . §. . dean nowell . dean nowell's reproof of mr. dorman's book , entituled , a proof , &c. o. lond. . part second . against t. c. before : §. . comp. pag , , , . §. . mr. hooker . eccles. polit. p. . pag . page . §. . king james . the king 's works , p. . ib p. . § . bp. andrews . tort. torti . p. . comp. municip . eccles. p. . . see also . p. . §. . see spotswood , lib. vii . p. . calderwood hist. p. . ⸪ let the author of the municip . eccles. answer this question better , if he can . §. . sermons . pag. . pag. . comp. municip . eccles. p. . . pag. . comp. municip . eccles. p. , , &c. pag . comp. municip . eccles p. , , &c. pag. . pag. . comp. municip . eccles. p. . ib. p. . ib. p. . ib p. . comp. municip eccles. p. . comp. municip . eccles. chapt. vi . & vii . ib. p. . ib. p. . see municip . eccles. p. . ib. p. . § . anno . §. . mr. mason . de ministerio anglic. lib. . c. . pag. . page . ibid. p. . pag. , , — . . comp. munic . eccles. pag. , . ibid. , . ib. p. , . — . — . — . §. . municip . eccles . p. . §. . king charles i. book of articles , printed anno . rolles rep. hill. . jac. in cam. scacc. colt vers . glover . p. , &c. §. . archbishop laud. municip . eccles . pag. . §. . sparrow's collect . p. . * therefore not of ours only ; nor by the stat. of h. . municip eccles. ‖ therefore not by a divine , unalienable right which they had so to do . * from the writs and commission of king ch. . hist. of a b. laud , p. , , , , . §. . archbishop bramhall . see his w●rks , page . municip . eccles . p. . page . p. , . comp. municip . eccles. p. , . see his works tom. . pag. . comp p. . ib. § . bishop davenant . determin . qu. xix . p. . de doub . controv . par . i. p. . ib. p. . ib. p. . § . dr. heylin . historic & misc. tracts fol. lond. . pag. . comp. municip . eccles. pref. & . p. , , , &c. ib. numb . vi . see the same tract : p. , , , , ▪ , &c. more to the same effect . § . ‖ municip . eccles . p. . ⸪ ib. p. ▪ . &c. ib. p. . car. . cap. xii . an act for explanation of the car. . c. xi . entituled , an act for repeal of a branch of a statute eliz. c. i. concerning commissioners for causes ecclesiastical . ibid. pref. and p. . ibid. pref. p. , . ibid. p. . § ▪ . bp. taylour . book iii. ch . . rule . ib. §. , , . ib. rule . §. . bp parker . ibid. p. . ib. p. . ib. p. . ib. p. , . ib. p. . ib. p. . the case of the church of england stated . § . dr. falkner . christian loyalty . p. . ib. pag. . ib. pag . can. . comp. munic . eccles. pref. § . dr. barrow . see his works , st vol. p. . ib. comp. p. . . if the author of the municip . eccles. thinks this account , of the original of synods , clearer than mine , he may take it , as an explanation of my meaning ; and which i see no cause yet to retract . municip . chap. . ib. p. . ib , p. . ib. p . comp. p. . ib p. . ib. p. , . ib. ib. p. . comp. . ib. p. . ib. p. . . ib. p. , . ib. p. . ib p . § . ‖ horn against fecknam : bridges against sanders : burhill and tooker mention'd §. . sarravia : sutcliffe : whitaker : abbot bp. of salisbury : reynolds against hart : morton bp. of durham against bellarmine : carleton bp. of chichester : dr. ferne. &c. ⸪ municip . eccles. p. , . . municip . eccles . p. . can. . ‖ see mr. hooker's judgment , §. bishop andrews , § . convoc . of , §. . a. b. bramhall , sect. , &c. * eliz. c. . sect. . † coke v. rep. cawdries case — id. . inst. p. , . more 's rep. p. . . crook rep. p. . heylin . ref. just. p. , . — see the queen's injunctions ; above sect. . canons of k. james , §. . inst. pag. . §. . municip . eccles . pref. . can. § . §. . municip . eccles pref. p. . comp. p. . see above §. . §. . master geree's case of conscience sifted wherein is enquired, vvhether the king (considering his oath at coronation to protect the clergy and their priviledges) can with a safe conscience consent to the abrogation of episcopacy. by edward boughen. d.d. mr. gerees case of conscience sifted. boughen, edward, ?- ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) master geree's case of conscience sifted wherein is enquired, vvhether the king (considering his oath at coronation to protect the clergy and their priviledges) can with a safe conscience consent to the abrogation of episcopacy. by edward boughen. d.d. mr. gerees case of conscience sifted. boughen, edward, ?- ? [ ], , - , [ ] p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng geree, john, ?- . -- case of conscience resolved -- controversial literature -- early works to . church of england -- government -- early works to . solemn league and covenant ( ). -- early works to . episcopacy -- early works to . divine right of kings -- early works to . church polity -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion master geree's case of conscience sifted . wherein is enquired , vvhether the king ( considering his oath at coronation to protect the clergy and their priviledges ) can with a safe conscience consent to the abrogation of episcopacy . aug . de trin. l. . c. . contra rationem nemo sobrius , contra scripturas nemo christianus , contra ecclesiam nemo pacificus senserit . cypr. ep. dominus noster , cujus praecepta metuere , & observare debemus , episcopi honorem , & ecclesiae suae rationem disposuit . dr. corn . burges . fire of the sanctuary . p. . men now count it an high piece of zeal to direct their directors ; and like clock-makers to take the church all in pieces at their pleasure . by edward boughen , d. d. london . printed in the yeare , . to the most excellent and pious prince , charles , king of england , scotland , france , and ireland , defender of the faith , and guardian of the church . sir , it may seem strange to some ; but , my hope is not to your majesty , that i make this dedication , at this time , to your sacred person . the matter of this treatise is in your behalf ; it justifies your solemn oath at coronation , the just necessitie of this oath ; as also your crown and dignity , and the goodliest floure in that crown , supremacy . to whose hands then should i chiefly present it , but to yours ? the times affright me not from my faith , and duty . i remember well , that during the ecclipse of heaven and the king of heaven , there was one , that durst acknowledge our saviours kingdom ; and in the full assurance of his title , preferr'd his petition to him as a king. and shall i be ashamed to do the like ? i know , you are my onely soveraign here on earth . i know , you represent my saviour in his kingly office ▪ though your crown be wreathed with thorns . with all humility therefore i present this acknowledgement of my most loyall affections , which are due to your sacred majestie , from your poore , but most faithfull subject , edward boughen . to the intelligent reader . i was intreated by a very good friend to take mr. gerees case of conscience into consideration , and to bestow some pains in disclosing the weaknesse and foulnesse of his arguing . truly i was willing to undeceive my seduced countreymen , and yee ded to his request . the treatise i finde to be small , but dangerous . it aims at the ruine both of church and kingdom . it perswades the king , that his oath as coronation is a wicked oath , and that he ought to break it . and then wo be to his soul , and the kingdoms safety . yea he affirms it to be a vinculum iniquitatis , the bond of iniquitie . thus he hath knit up out most gracious soveraign , with all his religious predecessors , in the bundle of iniquity no sooner read i this , but b my heart was hot within me ; and while i was musing upon this , and the like blasphemies ▪ the fi●e was kindled within me , and at the last i spake with my tongue . c why should this shimei blaspheme my lord the king ? and d slander the footsteps of those anointed of the lord , that have so long slept in peace ? e because he hath done this wickednesse , the lord shall return it upon his owne pa●e and king charles shall eblessed ; and his throne shall be established before the lord for ever . consult i pray you , with dr. cornelius burges a feirce assembly man , and of great authority among them ; and he will tell you , that f god is tender not onely of the safety , but also of the honour of his anointed . in so much , that g he hath made a law to all , not to revile the gods , nor curse the ruler of the people . which law ( saith he ) not onely proh●biteth imprecations , and seditious railings which are an hellish impiety , though it be but in word onely , ●e the prince never so impious ) but even all rude , bitter , and unseemly speeches . and mr. nathaniel ward in his sermon upon ezech. . . preached before the commons , june . . affirmes h that besides the male administrations of government by magistrates themselves , there is no readier way to prosti●ute it , then to suffer vile men to blaspheme and spit in the face of authority . all this master geree hath done most undeservedly . if then i shall cleare the kings oath from these foule imputations , i shall prove mr. geree to be involved i in the bond of iniquity . and he that is so , k his heart is not right in the sight of god , l he is in the very gall of bitternesse just in simon magus case . i shall therefore take up s. peters words , and advise him , to m repent of this his wickednesse , & to pray god , if perhaps the thought of his heart may be forgiven him . if you conceiv●● i have ventered upon some questions , not so fit to be handled ▪ & without my profession , i beseech you take notice , that this minister hath led me into these undesired , and unpleasant pathes . he that undertakes to answer a book , is bound to confute all , but what he approves . silence in such passages , speaks consent . good reader , let true reason , scripture , and authority guide thee , and then thou shalt be sure to judge impartially . take notice , that j g. stands for mr. john gerees case of conscience . i d. for jus divinum regiminis ecclesiastici . sir robert cotton ; for his treatise , that the soveraignes person is required in the great councels , or assemblies of the state. his majesties oath published by himself in an answer to the lords and commons in parliament . . may. . sir , will you grant and keep , and by your oath confirm to the people of england , the laws and customs to them granted by the kings of england , you lawfull and religious predecessors ; and namely the laws , and customs , and franchises granted to the clergie by the glorious king s. edward , your predecessor , according to the laws of god , the true profession of the gospel established in this kingdom , and agreeable to the prerogative of the kings thereof , and the ancient customs of this realme ? rex . i grant and promise to keep them . episcopus . sir , will you keep peace and godly agreement entirely ( according to your power ) both to god and the holy church , the clergie and the people ? rex . i will keep it . episcopus . sir , will you ( to your power ) cause law , justice , and discretion in mercie , and truth to be executed in all your judgments ? rex . i will ▪ episcopus . will you grant to hold and keep the laws and rightfull customs , which the commonaltie of this your kingdom have , and will you defend and uphold them , to the honour of god , so much as in you lieth ? rex . i grant and promise so to do . then one of the bishops reads this admonition to the king , before the people , with a loud voice . our lord and king , we beseech you to pardon & grant , and to preserve unto us , and to the churches committed to our charge , all canonicall priviledges , and due law and justice : and that you would protect and defend us , as every good king ought to be a protector and defender of the bishops and churches under his government . rex . with a willing and devout heart i promise and grant my part , and that i will preserve and maintain to you and the churches committed to your charge ▪ all canonicall priviledges ▪ and due law and justice : and that i will be your protector and defender , to my power , by the assistance of god , as every good king in his kingdome by right ought to protect and defend the bishops and churches under his government . then the king ariseth , and is led to the communion table where he makes a solemne oath , in sight of all the ●●op●e , to observe the premises , and laying his hand on the booke saith , the oath . the things , that i have before promised , i shall perform and keep , so p 〈…〉 me god , and the contents of this book . the contents . chap. i. vvhether the king may lawfully consent to the abrogation of episcopacy . . chap. ii. whether the kings oath taken at his coronation , be an unlawfull oath . . chap. iii. whether prelacy in the church of england were an usurpation . . chap. iv. whether the king may consent to the abrogation of episcopacy , if so that calling be lawfull . . chap. v. whether ye have not bound your selves by your solemne league and covenant to maintaine episcopacy . . chap. vi. whether the king , without impeachment to his oath at coronation , may consent to the abrogation of episcopacy . chap. vii . whether the king may desert episcopacy without perjury . . chap. viii . whether the kings oath to the clergie be injurious to his other subjects , and inconsistent with his oath to the people . . chap. ix . how far forth , and wherein the clergie is subject to a parliament , and to what parliament . chap. x. whether it be lawfull for the king to abrogate the rights of the clergie . . chap. xi . whether the clergie and laity be two distinct bodies , or one body politicke . that church-men in all ages had some singular priviledges allowed them . . chap. xii . whether to sit and vote in parliament be incongruous to the calling of bishops . . chap. xiii . certaine light and scandalous speeches concerning prince & preist , tenderly touched . . chap. xiv . whether the lands of the church may be forfeited by the misdemeanour of the clergie . . chap. xv. whether it be lawfull to take away the bishops lands , and to confer them upon the presbytery . . chap. xvi . how far forth the king ought to protect the church & bishops . chap. xvii . whether there be two supremacies in this kingdome . mr. gerees case of conscience sifted . chap. i. whether the king may lawfully consent to the abrogation of episcopacy . . i find a case of conscience proposed by mr. geree , and this it is ; a whether the king ( considering his o that coronation , to protect the clergie and their priviledges ) can salvâ conscientiâ consent to the abrogation of episcopacy ? but why ( i pray you ) is the question proposed here , when you have determined it before ? for doth not your title page speak thus ? in this case of conscience it is cleared , that the king may , without impeachment to his oath , touching the clergie at coronation , consent to the abrogation of episcopacy . thus you have full magisterially determined , before the question be so much as proposed . is this the fashion , first to resolve , and then to argue the case ? this may be the course of hereticks ; it is otherwise with good catholicks . but you are resolved to maintain , that a christian may swear and forswear , without the least prejudice to his soul . . and your practice is accordingly ; witnesse the oaths of allegiance and supremacy ; which you with your great masters have taken more then once . and those of your perswasion have taken up arms against their soveraign lord , without impeachment to their oath of allegiance ; and maintain that b the parliament is subordinate to no power under heaven , without any breach of the oath of supremacie . and your self , like a good preacher of gods word , have taken the oath of canonicall obedience to the bishop ; and yet endeavour the abrogation of episcopacy , and the extirpation of that order , from whence you had your orders , and without which you could have had no orders . . me thinks , the smectymnuans should not endure this proposition , since with them a bishop and a presbyter are one and the same . thus , while you endeavour to ruinate episcopacy , you subvert the presbytery , according to their tenets . i wonder much , how your case hath passed so long unsifted , and uncensured by the divine masters of your learned assembly . . but i shall take it for your best advantage , as it is distinguished , or ( as we say ) a distinct order from presbytery . i shall also take into consideration , the severall motives , which you produce for the abrogation of episcopacy . . whereof your first is this ; that c there is no hope of the kings or kingdoms safetie , without an union between our king and parliament . i must confesse with anguish of spirit , as matters have been handled , the king and kingdom are driven into a great streight ; and an vnion between our king and your parliament hath been prayed for , and sought for by all commendable , or tolerable means . the hope left us is onely in our god and saviour , whose custome it is to d scatter the proud in the imagination of their hearts ; to pull down the mighty from their throne , and to exalt the humble and meek . thus can he e shew strength with his arm , and do great things for us . and this , i hope , in his due time he will do , and reduce this kingdom from irreligion and sacriledge ; and not cast off the innocent with the prophane blasphemers . oh , that we might begge that blessing from heaven , to see a parliament rightly regulated , religiously minded , and with-out any by ends of their own : f men of courage , fearing god , men dealing truly , hating covetousnesse . such , as will not be g led by a multitude to do evil , or to subvert the truth . i am certain , we should then have an union , a blessed vnion between king and parliament . . but by you it seems , that h there is now no probable or possible means of reconciliation left , in mans judgement , unlesse the king yeeld to the extirpation of episcopacy . you should have added , unlesse he lay down his lands , royalties , and just prerogatives at his subjects feet : unlesse he abandon the wife of his bosome , and become a stranger to the children of his loins : unlesse he sacrifice his friends to the malice of his foes , and the ruine of whole families to their avarice : unlesse he cast off the service of god , that most excellent form of common prayer , and give up the houses and lands of god , and all that is accounted holy , to satiate their sacrilegious appetite . . but , in sober sadnesse , do you beleeve that the abrogation of episcopacy is that , they yawn at ? you are mistaken , good brother , the episcopall houses and lands , as also what ever belongs to deans and chapters , to archdeacons and prebendaries , are the things they hunger and thirst after ; they will wipe your mouthes of all such morsels : as their ordinances for the sale of such lands have fully manifested . . and wheras you seem to be much troubled for his majesty , lest i he should condescend renitente conscientia , against conscience , to gratifie you in this kind , and to bring sin upon himself . which you perceive , and in a manner confesse , he must do , if he do , as you would have him : for you say , it would be sinfull to himself . thus you endeavour to perswade our soveraign into sin , upon pretence to sin : how you can salve it , we shall see hereafter . in the mean space i must tell you , that you trouble your self for the king , blessed be god , without cause ; for we cannot perceive , that he is inclinable to gratifie you in this kinde . neither doth every reluctance of conscience make a grant sinfull ; but onely when my conscience checks me upon just grounds . it is not the renitence , or strugling , of conscience , but the pulling down of gods ordinance , episcopacy , that makes the sin ; though , i confesse , the sin is the greater , if it be done upon deliberation against conscience ; let the pretence be , what you please . if this indeed should prove to be the kings case , which god forbid , then must it necessarily follow , that k it would be sinfull to him ; and so he should forfeit inward to procure outward peace ; and be represented to times in the glasse of conscience , to adventure the heavenly , to retain an earthly crown . nothing more certain . wo then be to him , or them , who ever they be , that plot , how they may endanger the kings earthly crown , that so they may deprive him of his heavenly inheritance . he hath been tried as gold in the furnace ; he hath been enforced thorow fire and water ; but for all this , with gods blessing he shall arrive in the haven of happinesse . . but there is an l oath , that stands in the way , which was taken at the kings coronation . this hath been prest by some learned pens , with that probabilitie , that ( by your own confession ) may stumble a right intelligent reader . but you are none of that number , you stumble not , but smoothly passe over such rubs ; and though m they have not hitherto received any satisfactory answer , yet now we shall have it in print n . by your pains the obj●ctions shall be cleared , which while they stand unanswe●ed , cast an ill reflection upon the king , in condescending to abrogate episcopacy . i beseech you , do you dream ? who told you , that his majestie had condescended to this impious and antichristian demand ? no , no , blessed be god , he hath done christ , and his church , and himself that honour , in the refusall of this proposition , that his memory shall be glorious in our histories , and his name high in the book of life . but for certain , they will cast an ill , a foule , an infamous ref●●ction upon those , who ever they be , that shall presse him to this unchristian act . this you , and your masters of the assembly can never avert with all your dutch devices , and geneva fallacies . i say it now , it shall be explained hereafter . . but why am i so forward , when o the kings oath may be taken off two wayes ; either by clearing the unlawfulnesse of it ; or else by manifesting , that p though episcopacy be lawfull , yet notwithstanding that his oath , the king may consent to the abrogation of episcopacy . both these your wayes shall be severally taken into consideration ; and first for the unlawfulnesse thereof . chap. ii. whether the kings oath taken at his coronation , be an unlawfull oath . . you say , and say truly , that a the oath , which is vinculum iniquitatis , the bond of iniquitie , is void the first day . and your reason is firme ; for qui jurat in iniquu● , obligatur in contrarium , he that swears to do that , which is unjust , is bound to performe the contrary . your argument hitherto is good ; and upon these very grounds we will joyne issue . but how will you proove , that his majestie hath sworne to uphold that , which is unjust or impious ? this shall be done by manifesting that b the king hath sworne to maintaine that , which is contrary to christs institution . and what is that ? episcopacy , say you . your resolution is high and peremptory , as if you were settled upon infall blegrounds ; which upon just try all will dissolve into sand . and yet with you i readily acknowledge , that c if prelacie in the church be an usurpation contra●y to christs institution ; then to maintain it , is to sin , and all bonds to sin are frustrate . . i hope you use no tricks ; but fairely without any fallacie , according to the question proposed , by prelacie you mean episcopacy , properly and strictly so called . otherwise there are foure termes in your syllogisme . now if this proposition be firme , upon the same grounds it will follow , you cannot deny it , that if supremacie in the parliament be an usurpation contrary to christs institution ; then to maintain it , is to sin . but supremacie in the parliament is an usurpation contrary to christs institution ; ergo to maintaine it , is to sin . that supremacie in the parliament is contrary to christs institution , is evident by st. peter , who placeth supremacie in the king ; in these words , d submit your selves to every ordinance of man for the lords sake , whether it be unto the king as supreme , or unto governours , that are sent by him , by the king. and every rationall man cannot but discerne , that there can be but one , not two supremes , in the same kingdome , e as you would have it . but of this more fully in the last chapter . secondly , it followes , if ordination by presbyters be an usurpation contrary to christs institution , then to maintain it , is to sin . but o●dination by presbyters is an usurpation contrary to christs institution . to maintain it therefore is to sin . the minor with gods blessing , shall suddenly be made good against the presbyterian jus divinum . thirdly , if episcopacy in the church be no vsurpation , but christs institution , then to endeavour the extirpation thereof , is sin . but episcopacy in the church is no usurpation ; but christs institution . therefore to endeavour the extirpation thereof , is sin . . that f you , your assembly , and parliament , have made and taken an oath to extirpate episcopacy , is too notorious to be denyed . but if i shall prove , that episcopacy is not contrary to christs institution , then shall i cleare the kings oath from sin . secondly , if i shall demonstrate , that episcopacy is the institution of christ , then is your covenant g vinculum iniquitatis , the very bond iniquitie ; and you are bound in conscience publickly and penitently to retract it . that the same order cannot be christs institution , and contrary to christs institution , is so apparent a truth , that a meer idiot may discern it . but the order of bishops is christs institution : and yet ye have sworne to up with it root and branch . much like to those in the prophet , h let us destroy the tree , with the fruit thereof . and yet the root of episcopacy is our b. saviour ; who is called i the bishop of our soules ; from him it takes his rise ; from him it receives life , it springs up , and is watered with the dew of his heavenly blessing . . we know , that he , from whom a familie springs , is called the root of that familie . that * our saviour is the root of episcopacy , that from him it received being and life , is evident in the apostles strictly so called , who had their orders immediately from christ , as is evident s. mat : . s. luk : . s. i● : . . &c. to them he gave power to ordain apostles , in gratis accepistis , gratis date . s. mat. . . so s. k ambrose , so s. l jerome , so m gennadius patriarch of constantinople , with seventy and three bishops more in a full synod . our saviours words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which the greekes understands thus , a gift ye have received , give ye this gift . this commission he renewed unto them after his resurrection , in these words , n as my father sent me , so send i you . so s. o hilarie , so p s. cyril , and other with them , upon the strength of this commission christs apostles ordeined some other to be apostles , conferring upon them the same honour and power which they themselves had received from christ . this is evident in s iames bishop of hierusalem , in epaphroditus , bishop of philippi , and in apollos bishop of corinth . these are called apostles in scripture ; s. iames , gal. . . epaphroditus , phil. . . apollos , cor. . . and these are confessed to be apostoli ab ipsis , ap stolis ordinati , apostles o●dained by the apostles ; even by q s. jerome , r calvin , and your mighty champion ſ walo melsalinus . . apostles they were at that time called , but afterwards that title , upon just occasion was taken from them , and the name of b●shop was setled upon them , and their successors in office. so theodoret. t the same persons were sometimes called both presbiters and bishops , but those who are now named bishops , were then called apostles . but in processe of time the title of apostle was reserved to those , who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apostles properly and t●uly so called . and the name of bishop became appropriated to those , who were lately called apostles . hence is it , that timothy and titus are called bishops and apostles : bishops in the postscripts of those epistles , which were written to them by s. paul ; but apostles by k ignatius , l theodoret , and m many other . . bishops they were at that time called , when episcopacy was distinguished from the presbyteriall order ; but n apostles they were named , when a bishop and a presbyter were one and the same . these were o apost●es not onely by name , but in office and power ; and p governed churches and their presbyter-bishops by the same right , and with the same authority , that the cheife and prime apostles swaied them with . and as they governed , so they , and they onely ordained pres●yters . . from hence we argue thus . they , that have the same name and office with the true apostles , are of the same order with the true apostles . bu● bishop timothy , and bishop titus , and bishop epaphroditus have the same name and office with the true apostles . they are therefore of the same order with the true apostles . q the major is smectymnuus his proposition , and not to be doubted of . the minor , or second proposition shall be justified by salmasius ; who in severall passages acknowledgeth this name , and office , and power in epaphroditus bishop of philippi . take this for all ; r epaphroditus pau●o dicitur apostolus philippensium ; quia ad philippenses eum miser at ad ecclesiam eorum confirmandam , & constituendos in eâ presbyteros & episcopos ▪ that the name of apostle was usually given to timothy and titus , i have already manifested . that the apost●licall power was in each of them , is evident by those epistles , which s. paul wrote unto them : and more briefly in these words to titus ſ for this cause left i thee in creete , that thou shouldest set in order , o● redresse , what is wanting , or a misse , and ordain presbyters in every city as i have appointed thee . herein is both jurisdiction and ordination allowed him ; and the maine power of the apostolicall order consists in jurisdiction and ordination . herein the bishops , and onely bishops , succeed them . . since then the apostleship and episcopacy , are one & the same office , he that is the root and author of the one , is the root and author of the other . but christ is the root and author of the apostleship ; he is therefore the root and author of episcopacy . in covenanting then to take away episcopacy root and branch , you have done no lesse then covenanted to take away jesus christ , t who gave the ap●stles , and u ordeined them in the church . indeed ye have taken the ready way to root him out o● our hearts & soules . for ye have absolutely stripped the church of the three creeds , the ten commandments , and the lords prayer , with the epistles and gospels ; wherein was daily mention made of our b. god. and saviour , as also of his power , pleasure , and mercy . and what i pray you , is become of the lords supper , x which we are commanded to administer and receive , in remembrance of our b. saviour ? and y unlesse we eat his flesh , and drink his blood , in that holy sacrament , we have no life abiding in us . many parishes in this kingdom have been utterly deprived of this heavenly supper , even since their lawfull parsons or vicars have been imprisoned , or sequestred by your instigation . so farewell ro●t and branch , and fruit , as much as in you lieth . and now , i hope , the kings oath is cleerly discharged of sin ; and your covenant sufficiently proved to be the bond of iniquity . . but how comes it to passe , that if root and branch must up , yet by your ordinance some branches of that root may be preserved ? for it is resolved , that z ordination performed by a bishop , being a presbyter , j●yned with other presbyters , is for substance va●id , and not to be disclaimed●y any , that have received it . and most probable it is , that you are a branch , or sucker , of that root . for a presbyters so ordained , shall he admitted to a charge , without any new ordination . is not this a flat contradiction ? some branches lopped off , and some spared ; is this according to your solemne league and covenant ? indeed had they taken all branches away , which spring from that root , there had hardly been a man of any learning left . and is not that clerke , who hath been ordeined by a bishop , a wise man , to sware to root himselfe up , if not here , yet out of the land of the living . for he that is not a member of the church militant , can never be a saint in the church triumphant . chap. iii. whether prelacy in the church of england were an usurpation . . the question proposed is , of episcopacy ; the oath is for the maintenance of episcopacy ; and your endeavour is for the abrogation of episcopacy . according to your sense therefore by prelacy i understand episcopacy , which you have vowed and covenanted to extirpate . whether upon just grounds , or no , shall be now enquired . for the office is either good or bad , lawfull or unlawfull , necessary or indifferent . if in it self bad , and utterly unlawfull , god forbid , but we should joyne in the extirpation of it . if indifferent , it is in the breast of authority , to allow , or disallow it . but if simply lawfull , and good , and necessary , for the being and continuation of a church , then it is not in the just power of man to discard it , or cast it off . and yet you resolve , that b the kings oath to uphold episcopacy is sin . if sin , then it necessarily followes , that episcopacy in it self is naught , and utterly unlawfull . thus in the first place you condemne all the kings and queens of this kingdome , that have taken this oath . secondly , you condemne those many saints of god , that have discharged this office of episcopacy . thirdly , you condemne all those fathers , and councels , which justify a necessity of bishops . and last of all you condemn the whole church of christ , which from her infancie hath been governed by bishops . is not this to c blaspheme the footsteps of the lords anointed ? is not this to question the actions of those saints d to whom the faith was first delivered ? is not this to vilifie the spouse of christ , and christ himselfe ▪ who hath suffered the church to erre so foully from the beginning . . but how shall it be proved , that episcopacy is so bad , that it is a sin to defend it ? an universall proposition must have an universall proofe . exparticulari nonest syllogizari . a particular makes no proofe , but for that particular , whereof it treats . i● i manifest , that monarchy , or arist●cracy hath been a●used in such a state or nation , by such or such a prince , or peeres , do i therefore justifie , that it is a sin to defend moarchy , or aristocracy ; o● if i shall make it appeare , that some parliament men have abused that trust , which is committed to them , is therefore a parliament naught ? this follows not ; but hereby i manifest , that they who at that time sat at the helme in that place , did abuse that , which in it self is good . is the apostleship naught , because judas abused himself and that ? is episcopacy bad , because gregory vii ▪ of rome , george of cappadocia , or paulus samosatenus abused their place and function ? far be it from me to argue , or conclude in this manner . i have learned to distinguish between the office and the officer : the office may be simply good , and the officer extremely bad . this then is no argument against episcopacy , though perchance you may prove , that episcopacy hath been ill managed . . but view we your own words , which are the minor of your conditionall syllogisme ; which are these . e and truly as prelacy stood with us in england ingr●ssing all ruledome in the church into the hands of a few l. bishops , i think it may be cleered to be an usurpation . and truly i think not . so you and i are of two severall opinions . but truly your thinking shall be cleered ●y this one argument . f that power , that dispoiles any of christs officers , of any priviledge , or duty indulged or injoined them by the word of god , that power is an usurpation against the word . but this prelacy did , as it stood in england ergo , english prelacie was an usurpation against the word of god. . how properly you speake , and how strongly you argue , let the intelligent judge : that you , and others may be sensible of the strength of your argument , under favour of parliament , i shall invert it thus . that power that despoiles any of christs officers of any priviledge or duty indulged or injoined them by the word of god , that power is an usurpation against the word . but this the parliament doth , as it stands now in england ergo , the english parliament is an usurpation against the word of g●d . i hope you know your own argument ; though it alter a terme , it alters not the forme . g the major , you say , is cleer of it self , it needs no proofe , as you conceive . the difficultie is in the minor ; and that i make good thus , out of your own words . h presbyters are by christs warrant , in scripture indued with power to rule in their own congregations , as well as preach . but the parliament hath banished many hundreds of us from our own congregations , and barred us from preaching therein . ergo , the parliament hath despoiled many of christs officers of their priviledges and duties indulged , and injoyned them by the word of god. you cannot deny us to be christs officers , since we are presbyters . that we are presbyters , is acknowledged by your great masters ; i who grant all those to be presbyters , who have been ordained by a bishop j●yned with other presbyters . and so , i am sure , we are . . let a review be taken of the soliditie of your former argument ; and then we shall finde you offend in limine , in that major , which is so clear of it self . for do not you say thus ? that power , that despoils any of christs ●fficers of any priviledge , or duty indulged or injoyned them by the word of god , that power is an usurpation against the word . had you said , that power , that wrongfully , or causelesly despoils any of christs officers , &c. you had said something . you have not , it seems , learned to distinguish between justly and unjustly ; but we must . and yet k this proposition is clear of it self , if we take your word . but gods word and yours , are two . gods word saies , l non est potestas nisi à deo , there is no power but of god ; but you say , that there is a power , which is an usurpation against the word of god. but how can that be usurpata , which is data ; both usurped , and given ? that it is given by god , m our saviour testifies , s. joh. . . indeed this power may be abused ; and the abuse of this power is an usurpation . the office is from god , the abuse from our selves . but you cannot , or will not distinguish between the office and the abuse . if all ●ffi●es must be discarded , because the officers have done a misse , what office will remain in this kingdom ? i fear , not one . . we read , that n pas●ur the high priest set jeremie the prophet in the stocks for preaching the truth , o which the lord had commanded him to preach . and yet who dares say that the high priesthood in the old law was an usurpation ? we know , that p the office of a king is gods own ordinance ; and yet we dare not say , that the power of jehoi●kim king of juda was an usurpation against gods word , when q he slew vrijah the prophet . but we may safely and truly justifie , that he abused his power . and so did king zedekiah , when r he imprisoned jeremiah for prophesying , what the lord had injoyned him to denounce . both regall and priestly power are the gift of god ; they cannot therefore but be good . but the abuse of this power to other ends then god gave it , is the viciousnesse of man , and therefore bad . ſ solomon made just use of this power , when he despoiled abiathar the high priest not onely of his priviledges , but also of his office , and of all that belonged to his office . the reason is , because t abiathar for his treason deserved this and an heavier doom . and i presume , it was no usurpation in st. paul , when u he delivered hymeneus unto satan , that he might learn not to blaspheme : nor yet when he x anathematized and accursed those preachers , that taught otherwise , then they had received . if then our bishops have made use of this power in silencing or depriving hereticall , schismaticall , or seditious preachers , y they have done no more then they ought to do . this therefore is no usurpation , but a just use of that power , which with their orders was conferr'd upon them for this end and purpose . . i have done with your major ; now to your minor. z but this prelacy did ▪ as it stood in england . what did it ? why it a despoiled christs ●fficers ( the good presbyters that preached up the scottish discipline and doctrine ) of their priviledges indulged , and duty inj●yned them by the word of god. if they deserved this censure , it was no despoiling , but a just deprivation . if they deserved it not , let it be proved . i am sure , courts and committees have been long enough open , to receive large informations , and easie proofs against them . and i am as sure , that our saviour never indulged any such priviledge to his apostles , or any other of his ●fficers , as to vent heresie , schisme , or sedition . if any bish●p be faultie , i plead not for him . i justifie episcopacy , not the bishop . judas was bad , cut his episcopacy good ; judas offended , but not his office . judas was cut off , not his episcopacy ; b the office is continued , and a good man must be put into it . so st. peter . and c let another take his bishopprick . so the spirit of prophecie . prelacy therefore is not in fault ; but the prelate . and it is as false a speech to say ▪ prelacy despoils any , as to say , judicature wrongs any . since we know , that judicature is blamelesse , when the judge is criminous . and as improper a speech it is to say , that a man is despoiled of his duty : i may be forbidden my duty , but not spoiled of it : because i am bound to discharge it , though forbidden , if unlawfully forbidden . . but what are these priviledges , and duties , whereof they are said to be despoiled ? the particulars are these ; d power to rule , and to preach in their own congregations ; and this power they are indued with ●y christs warrant . power to rule , and by christs warrant , sound high , and raise attention . and this they have as well , as much , as power to preach ; if we may beleeve you . as if they had ruledome ( as you call it ) from christ himself . if this be doubted of , you give us scripture for it , and that in foure severall texts . the first is this , e if any cannot rule his own house , how shall he take care for the church ? here is care to be taken for the church , but no rule given to a presbyter in the church , unlesse you allow him as much power to rule in his parish , as he hath in his own house . to which assertion no man , i conceive , will subscribe . it is required indeed , f if any lay-man desire to be a presbyter-bishop , that before he be ordained , he be known to be such a one , g that could rule his own house well . but what is this to prove , that by christs warrant in scripture a presbyter is indued with power to rule in his eongregation ? alas , h this government , as your learned brethren confesse , is but domesticall in private families ; not ecclesiasticall in the publick congregation . in like manner i deacons must be such , as rule their houses and children well . and yet ye allow them no ruledome in the church , but set lay-ruling elders to over-top them . no warrant here for this presbyteriall ruling power ; what may come hereafter , shall be examined . . the next proof is from the same epistle ; the words are these ; k i charge thee before god , and the lord jesus christ , and the elect angels , that thov observe these things without preferring one before another , and do nothing partially . this is something , were it to the purpose . here is a large authoritie given to timothy in this chapter ; and a charge in this verse , that he be carefull to discharge his office with integritie . but what is this to the point in question ? alas , you are clean mistaken in your mark . it rests upon you to prove , that this power in scripture is given to a presbyter-bishop ; whereas it is here given to an apostle-bishop ; who is clean of another , an higher order . if i should justifie , that a sergeant at law hath power to hear and determine suits in westminster-hall , because the justices of the kings bench , and common ple●● have such a commission , you would think , i were beside the cushion ; and so are you . . in the third place , you produce a text of the same apostle to the hebrews ; where-in he commands his brethren , to l obey those , that have the over-sight of them , and to submit themselves un●o them . no question , but they ought to do so . but who are these praepositi , these rulers , here mentioned ? are they presbyters onely ? presbyters are not mentioned here ; and it is impossible to prove , that presbyters onely are intended here ; unlesse they be the onely church-governors . it is rather to be beleeved , that all church-governors , or else the chief governors , were here intended . that he speaks of presbyters , i deny not ; but that he speaks of presbyters onely , i utterly deny . when you can prove , that onely presbyters m watch for the souls of the people , and that they onely must give an account for those souls , then shall i readily acknowledge , that the apostle speaks only of presbyters in this place . . if the kings majestie should command his souldiers to obey their commanders , could any man imagine , that he spake of the lieutenants and captains onely ? no wise man can have this imagination : but this must reach , to majors , and collonels , and all other in authority . thus , when the lord commands his people , to obey those governors , that watch for their souls , he means not onely deacons and presbyters , but bishops also . for as in an army there are captains over souldiers , and commanders over captains ; so in the church , which is n aci●s ordinata , a well-ordered army , there are o praepositi populo ▪ & praepositi presbyteris , spirituall governors of the people , and some set over both people and presb●ters . such were the apost●●s in scripture , and such their p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their copartners in labour , and successors in office ; whom we now call bishops . such were timothy and titus , q who had not onely the power of ordination , but of jurisdiction also : that is , they had authoritie , not onely to set in order , what was amisse in the church , and r to reform the laitie ; but to . convent , . silence , and . excommunicate the clergie , even deacons and presbyters , if they deserved it . . for convention , in the first place observe , that ſ s. paul acknowledgeth in bishop timothy power to receive an accusation against a presbyter , or elder ; and upon proofe to rebuke him . which could not be done without conventing him . ly . that the power to silence preaching presbyters was in bishop timothy , these words manifest , t thou maiest command some that they teach no other doctrine . and as for bishop titus u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it be hoves him to stop the mouths of the disobedient and deceitfull , as also to x stay foolish questions and contentions . and if this will not serve , then must they proceed to higher censures even to excommunication . for doth not s. paul command timothy , to y withdraw himself from those , that teach unwholsome doctrine ? and what this means let beza speake ; z gravissime damnatos extra ecclesiam ejicit , he casts for●h these as condemned men out of the church . for as s. cyprian speaks , a they that are not in communion with the bishop , are out of the church . timothy then being bishop of that church , and withdrawing his communion from them , they were no longer members of the church . this power , we see , was in the apostle bishops ; but no man can shew that ever it was in the presbyter bishops , par enim in parem non habet potestatem ; it is a sure rule , that no man hath power over his equall , while his equall . . the last place is reserved for the first in scripture , which you have kept for your reserve to help at a dead lift ; and this it is . b we beseech you , brethren , that ye know them , which labour among you , and are over you in the lord , and admonish you : a great friend of the presbytery tels us that c this is the same with that , which the apostle speaks in another epistle that those presbyters are worthy of double honour , who labour in the word and doctrine . so then , in his judgement , this rule , you so much boast of is , but your labouring in the word and doctrine . and surely he hath two able men , that back him very well , viz. the●d●ret and ca●vin . theodoret tels us , that when s. pau saith , qu●praesunt , th●se th●t are over you in the lord , it is all one ▪ as if he ha● said , they that ●ff●● up prayers and supplica●ions for y●u . and ca●vin thu● , e qu docendo rite & fideliter gu●ernant , who by teaching orderly and faithfully govern the people . and el●ewhere f he expounds this kind of g●verning by boris & salutaribus consiliis popu●o praeire , by guiding the pe●ple with good and wholesome counsell . the preifis rule then consists in prayer for gods people , in admonishing , inst●ucting , and advising them ; as also in conveying to them those heavenly blessings by the sacraments ; which in an ordinary way they could not otherwi●e obtain . this is all the rule , that i can find belonging to presbyters . and this was ever allowed you in your own congregations , while ye behaved your selves as the ministers , of christ in all meeknesse and sobriety , dividing the word of god aright ; and while ye kept within the ru●e of faith . . thus your ruledome ( my fellow presbyters ) is come to no great matter by these texts . shew me one place of scripture , that allowes presbyters to excommunicate , or absolve , of their own authority ; and i shall be of your mind , and justifie , that ye have susteined much wrong ; if ye have been suspended from officiating , or silenced , ye may thank your unbridled tongues , which have been so lavish in venting unsound and seditious doctrine . the bishop in these cases hath but discharged that dutie , which is required of him by gods word . ▪ tim. . . . . tim. . . tit. . . tit. . . and it is no more , then the presbytery chalengeth to it selfe in those places , where it hath gained autho●i●y . . g that ye were excluded from all society in rule ▪ is that , which troubles you . society pretends equ●litie , and rule is that which ye affect . so ye may be made bishops , or b●shops fellowes , equall with them in rule and authority , all sh●ll be well , but till then we must expect no p●ace , if ye can hinder it . h●d your leading church-men be●n made bish●ps or deanes , the k●ngs oath had been most just , and unalterable ; yea unquestion●ble . some mens mouths have been stopt so heretof●re ; the more the pitie : and ye have gaped after such morsels . what the benefit hath been , is sufficiently discerned , and ambitious male-contents shall no more , i hope , be tempted in this manner to continue among us , when they are neither with us , nor of us . but , i pray you , what society in rule , can you chalenge with the bishops , when by scripture ye are made subject to them ? we know your pride ; ye would faine be hail-fellows with your governours both ecclesiasticall and civill . faine would ye have the raines in your own hands , with phaeton , though it were with the same issue . but how shall they learn to govern , that know not how to obey ? all baristers are not qualified to be judges . . but there is another thing , which troubles you marvelously , that you deem to be h much more prejudiciall to the dignity and liberty of the ministery ; namely to be subjected to a lay chancelour . and yet how many lay chancelours have you subjected us to ? i to the whole parliament ; that 's plaine ; and yet not so much as one presbyter among them : and to every committee-man both in citie and countrie , whose busie apparators are all persons disaffected to the doctrine and discipline of the church of england . and all this is for the dignity and liberty of the ministery , according to your new magna charta . thus much to manifest , that ye are deeply plunged in those crimes , which you boldly charge upon others . but this is no new , no strange thing . for this hath been generally observed ; when your great masters blemish our most gracious soveraigne with any foule or illegall surmise , they usually act it themselves . dominisimiles , such masters , and such chaplaines . k par autem erat , ut vel quod accusant , non facerent , vel quod facerent , non accusarent . but it were meet , that either they should not do , what they blame ; or not blame , what they do . . and now , i beseech you which is most prejudicall , to be subject to one lay chancelour in a diocese , or to those great lay courts of lords and commons and others at westminster ? to so many lay committees in the city ; to so many in every countie ? without whom ye are not able to subsist , nor to abide in your congregations , if these men take but the least offence against you . and how can the gentrie and comminaltie of this kingdome take it well , that you complain so much of one lay chancelour in a diocese , and yet enthrall them to so many lay elders , parochiall , classicall , provinciall , and nationall . say not , that there be preaching elders joyned with them , least it be returned upon you , that the lay chancelour is but the bishops officer in such cases of judicature , as belong to his profession ; and to the bishop he is accountable . but you can endure no loy judges over you , on any hand . and whereas l you charge the lay chancelorship with usu●pation contrary to gods direction , i am certain , ye have made use of it against gods direction . for how many of you have been instituted into benefices by lay chancelours ? qu● jure , comes not now to be scanned . thus ye can abuse them , and yet use them . but i shall turn you over to the doct●rs of the commons ; them it concerns , they are well able to argue the case with you , and to wash off these aspersions . . your first argument is , i hope , sufficiently confuted in the eye of indifferent and judicious men . i shall not therefore any longer insist upon it , but observe , at how low a rate you value authority . nor bishop , nor king , nor your idolized parliament shall be a power , but an usurpation against god and his word , if they deny you any priviledge indulged , or debarre you any dutie , which ye suppose to be injoyned you by the word . if they sequester you from the pulpit , or from ruling in your congregations , farewell my great lords and masters at westminster . and when they have sold the bishops and chapters lands , they shall no longer be a parliament , but an vsurpation ; because they have m despoiled you of those lands , which ye lay claim to , and which they ought to have disposed of , to supply you and your predicant brethren with such maintenance , as your selves hold sufficient . chap. iv. whether the king may consent to the abrogation of epi●copacy , if so that calling be la●full . . saving your argument , in the first place this is certain , ●f episcopacy be lawfull , then the kings oath at coronation was not as you would have it vinculum iniquitatis , a bond of iniquitie . and hereupon it follows , quod non obligatur in contrarium , that he is not bound to break this oath . take this by the way . you must then seek some other way , to cleere it to us , that it is lawfull for his majestie to wave this oath . but your own conscience seemes to check you for your former resolution ; you therefore confesse , that n this way of invalidating the kings is most satisfactory but to some . . surely if to some it be satisfactory , those some are such , that are either very weak , or wilfully blinded with avarice ; o whose gaine is godlinesse . but the end will prove , th●t p godlinesse is pr●fitable to all things . q that is ( as the geneva note hath it ) he that hath faith and a good conscience , is promised to have all things necess●ry for this life , and to injoy life everlasting . this would be seriously layed to heart . . but though your former argument seem satisfactory to some r yet to some it will not hold ; namely to those that are not c●nvinced of the unlawfulnesse of episcopacy . what ? so satisfactory and yet not hold ? alas , alas , what creatures have you to deale with ? pitie it is , that you have to deale with learned and rationall men , and not with ignoramus and his dull man. what shall now become of your case of conscience ? why ? z it will cast the resolution of this doubt upon another question . from one question to an other . and what 's that ? the lawfulnesse of episcopacy . this is a large field , that you are not acquainted with . and yet to satisfie the conscience of your reader , you have already concluded , that a episc●pacy is an usurpation against the word of g●d ; and therefore sinfull and unlawfull . how ? conclude first , that episcopacy is unlawfull , and then b grant it to be lawfull . but this is granted onely for argument sake . that is , because your argument is so loose , that it proves just nothing again●● episcopacy . for a firme demonstration admits of no contradiction , it leaves no doubt behind . . well , be it lawfull , c yet not withstanding that his o●th , th● king without impea●hment may in this circumstance consent to the ab●●g●tion of episcopacy . what mean you by circumstance ? is the kings o●●h , or episcopacy , or the abr●ga●i●n of episcopacy but a circumstance ? a circumstance is that , which is not substantiall , or essentiall to the point in question ; but comes in upon the by ; at most , for illustration . the question is , d whether the king , notwithstanding his oath , may consent with a safe conscience , to the abrogation of episcopacy ? all these then i take to be essentiall to the question ; unlesse a safe conscience be with you and with your brethren but a circumstance . and yet it is such an ingredient , that a man may neither swear , nor consent to , nor act , but what he may undertake with a safe conscience . e for if our heart ( if our conscience ) condemn us , god is greater then our heart , and knoweth all things ; his majesty , i make no question , hath sadly thought on this . . that he may abrogate that which is lawfull , you say , and we deny not , since god hath given kings a power nt onely over things indifferent , but even in such things , as are lawfull , and honest , and in their kind necessary for the preservation of a common-wealth . this is evident in jonadab the sonne of rechab , f who commanded his posterity , that they should neither drink wine , nor build house , nor sow seed , nor plant vineyard , nor have any . and yet as lawfull , and necessary , as these things were , g they obeyed their fathers voice . h god approves of their obedience , and crowns it with a blessing . and what a father is in his own familie , that is a king , at least , within his own dominions . . but here the case is different , for the question is concerning christs own ordinance and institution ; which the king hath sworne to maintaine . this then being lawfull , and legally sworne , the oath may not in any wise be dispenced with . nay , if we say , that the king , or any authoritie upon earth , may alter , or abolish any one ordinance of our saviour , we contradict our selves , and complie with the papists . what reason bring we against the halfe communion , but christs own institution , who commanded it to be deliver'd and received in both kinds . and i calvin deservedly reproves bishop cardiner for attributing this power to a king : now if episcopacy be our saviours institution , then may no humane power root it up ; least they that do it , be rooted out of the land of the living . but that this very order , which we now call episcopacy , is christs own institution , is already proved cap. . . . . besides , if this be the onely order , to which christ hath given power to ordaine presbyters and deacons , who shall confer these orders , when bishops are taken away , and utterly extinguished ? say not , that in case of necessity presbyters may ordaine , when you maliciously make the necessity . god provides for such necessities , as are inforced upon us , or happen casually and inevitably ; not for those , whereinto we wittingly and wilfully plunge our selves ; delve up the root , & god will hardly work a miracle to provide sap for the branches , or body of the tree . k sine nostro officio est plebi certa pernicies . it is s. austins . without our , without the episcopall office there is certaine ruine to the people . s. austine was a bishop , when he resolved thus , and wrote it to a bishop . l that i may speake plainly ; god and the times require it : no bishop , no preist ; no preist , no lords supper ; no lords supper , no salvation , according to the ordinary way prescribed by our blessed saviour . . this shall be made good , first according to your protestation ; secondly , according to your solemn league and covenant . in your m protestation , ye have vowed in the presence of almighty god , to maintain and defend the true reformed protestant religion expressed in the doctrine of the church of england . this doctrine is punctually and carefully delivered in the articles . according to which articles i proceed thus . the ordinary way to heaven is by the word and sacraments . no man may preach , or administer the sacraments , but he that is lawfully called and sent . none are lawfully called and sent , but they onely , who are called and sent by those , that have authority . but bishops , and onely bishops have authority to send in this kind . and therefore no bishop , no ordinary way to heaven . the first proposition is not doubted of by protestant or papist ; it is therefore taken for granted . the second proposition is in terminis let down art : . it is not lawfull for any man to take upon him the office of publicke preaching or ministring the sacraments in the congregation , before he be lawfully called and sent , to execute the same . the third is likewise expressed in the same article . those we ought to judge lawfully called and sent , which be chosen and called to this work by men , who have publick , authority given unto them in the congregation to call and send ministers into the lords vineyard . and who are these men , that have this authority ? bishops , onely bishops ; so the article . the book of consecration of arch-bishops and bishops , and ordering of preists and deacons , doth containe all things necessary to such consecration and ordering and whosoever are consecrated or ordered according to the rites of that book , ●●e decreed to be rightly , orderly , and lawfully consecrated and ordered . but therein the bishop onely hath authority to ordain . and in the preface to the book of ordination it is resolved that i is requisite that no man shall execute any of these orders , except he be called , tried , examined and admitted , according to the forme following in that book . . thus we cannot but see , that according to the expresse doctrine of this church of england without a bishop no sacraments , and consequently no salvation . for though god can save without meanes , yet he hath tied us to the meanes ; and the meanes must be used , if we desire to be saved n this book was composed and set forth in the time of k edward the sixt , by those holy men , who afterwards were blessed martyrs , and at the same time confirmed by full consent and authority of parliament . o after this in the time of queen elizabeth it was again confirmed , and alwaies ratified with the articles ; and p the clergie injoyned to subscribe to this booke , in and with those articles , that so they might be known to be in communion with the church of england . thus far with the protestation . chap. v. whether ye have not bornd your selves by your solemne league and covenant , to maintain episcopacy . . now i descend to your solemne league and covenant , wherein ye have publickly vowed to endeavour the reformation of religion according to the word of god , and the example of the best reformed churches . i shall therefore prove first by the word of god , and secondly by the best reformed churches , that ye have solemnly bound your selves to maintain episcopacy , if so ye are resolved to keep this branch of your covenant . . first , we know , that q there is no other name under heaven , whereby we may be saved , but onely the name of our lord jesus christ . secondly , we are agreed , that r faith comes by hearing , and hearing by the word of god. thirdly , our saviour saith flatly , ſ except ye eat the flesh of the son of man ; and drink his blood , ye have no life in you . we cannot therefore but acknowledge , that without the word and sacraments , there 's no salvation . since then all those , that are in orders , exercise t the ministration of the word and sacraments , not in their own name , but in christs , and do minister by his commission and authority ; we are therefore to enquire , who have this commission given them in and by the word of christ . for s. paul wonders , u how any man can preach , in publick , except he be sent . the commission for preaching was immediately given by our b. saviour , both to the twelve apostles , and to the seventy disciples . to the twelve , st. luk . . st. matth. . . to the seventy , st. luk. . . . the commission to consecrate and administer the lords supper , is given to the twelve apostles , st. luk. . . cor. . . x st. paul , and y st. matthias also were immediately admitted to the apostleship by christ himself . these , and onely these , who are here mention'd , were immediately ordained by our b. saviour . . but our saviour having commanded and provided , that z all nations should be taught , and baptized ; and having a instituted , and in his holy gospel commanded us to continue a perpetuall memory of his precious death , untill his coming again ; that this might be done , he gave his apostles this large commission , b as my father hath sent me , even so send i you . and how was that ? even to preach , to baptize , to consecrate , and administer the lords supper ; to binde sinners , and loose the penitent ; and to ordain other apostles and presbyters , which might continue these blessings to his people in all ages . as also else-where in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a gift ye have received , give this gift . the greeks take not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 adverbially , but substantively : and i beleeve , in the east they understand their own , the greek tongue better , then we do in the west . and as they were commanded , they did . d s. paul and s. barnabas were apostles ; and them we find ordaining presbyters in every church , where they come . act. . . e s. paul himself ordains timothy to be the apostle , or bishop of ephesus . he gives the power of ordination to titus . tit. . . and acknowledgeth it to be in timothy . tim. . . these were the apostles , or bishops properly so called , of their severall churches . these had the power of ordination , but not the seventy , not those of the inferior order , not meer presbyters . . besides , doth not st. paul justifie , that f none may preach , except they be sent ? talk not of an inward calling , or extraordinary sending . neither of these will serve the turn , without the outward , without the ordinary ordination . st. pauls words are full to this purpose . g no man taketh this honour [ of priesthood ] to himself , but he that is called of god , as aaron was . the extraordinary calling , which some pretend to , is abolished , in that , no man takes this honour to himself . how then must he attain the priesthood ? the apostle tels you , he must be called of god , as aaron was . and how was that ? non immediatè a deo , sed mediante hominis ministerio ; he was not called or ordained immediately by god , but by the interceding ministery of man. the apostle therefore doth not say , he , that is called of god , as moses was ; but , he , that is called of god , as aaron was . but we know , that though h moses were immediately ordained by god , yet i aaron was not , he was ordained by moses . and yet both k moses and aaron are among his priests ; for moses discharged the priests office , before aaron was ordained . exod. . . &c. exod. . . . . . &c. exod. . . . . i have done with your first way , having , according to your covenant , proved by scripture , that none may confer orders in the church of christ , but onely apostles , or bishops , as we take them in a strict and ecclesiasticall sense : that is , onely such , as are of the same order with the apostles , and may fitly be called apostle-bishops . . we are now cast upon the example of the best reformed churches , which may raise some dust . for when we descend to comparisons , we cannot but displease those , who are left out of the superlative . yet this i dare say , that those churches are best reformed , which come neerest to the primitive church in doctrine and government . for to reform is not to innovate , but in primaevam & veram formam reducere , to settle it in the ancient and true state . for l thus saith the lord ; stand in the wayes , and behold , and ask for the old way , which is the good way , and walk therein , and ye shall find rest for your souls . this rule therefore is given by zanchius , m exempla veteris ecclesiae nobis debent esse instar praecepti ; and your learned ministers of london second him , assuring us , that n the examples of the ancient church bind us as firmly , as any precept . and reason good , since o the custome of the ancient church is optima legis interpres , the best interpreter of the law of christ . the ancient church then ought to be a pattern to all reformers . . well , what kinde of government was there in the primitive church ? peter moulin testifies , that p either in the apostles times , or suddenly after , bishops had praeheminence over presbyters , in the severall cities , wherein they were setled . this government is very ancient ; and in the church of christ every thing the more ancient it is , the truer and better it is . zanchius justifies it . q in ecclesia dei , quo quid antiquius , eo etiam est verius , ideoque & melius . and lest i may seem to wrest that famous learned mans words to another sense , then he intended them , i shall give you his resolution at large concerning this point in question , whether bishops , or no bishops : and this it is . r hoc unum addo , me coram deo in mea conscientia , non alio habere loco quàm schismaticorum , illos omnes , qui in parte reformationis ecclesiarum ponunt nullos habere episcopos , qui authoritatis gradu supra veros compresbyteros emineant , ubi liquido , possint haberi . praeterea cum d. calvino , nullo non anathemate dignos censeo , quotquot illi hierarchiae , quae se domino jesu christo snbmittit , subjici nolunt . these are his words in latine ; and to your comfort you shall have them in english : like them as you please . this one thing i adde ( saith learned zanchius ) that in my conscience before god , i esteeme all those no better then schismaticks , who make it a part of reformation to have no bishops in the church ( where they may readily be had ) which maybe above their true fellow-presbyters in degree of authoritie . yea , with mr. calvin , i hold them worthy of the most grievous curse , who will not submit to that sacred prelacy , which is subject to christ . he was far from a rooter . . neither is zanchius alone , he hath that moderate and judicious melancthon to second him ; who is so right and home for episcopacy , that he comes with his ſ ego reddo , i , for my part , restore the whole jurisdiction and dignitie to bishops . and t he wisheth with all , that he and the rest of his friends might redeem peace , though it were upon harder terms . yea , he affirms , that u he sees not , quo ore , with what face they can take from bishops their ecclesiasticall government . and then he adds : x that i may speak my mind vtinam , utinam possem , non quidem dominationem confirmare , sed administrationem episcoporum restituere : i would to god , i would to god , it were in my power , not to confirm the dominion , but to restore the administration of bishops . for i see , i see ( saith he ) what a ●inde of church we are like to have , when the ecclesiasticall policie shall be dissolved . video postea multo intolerabiliorem futuram tyrannidem , quam antea unquam fuit i see , we are hereafter like to have a far more intolerable tyranny , then ever we have known heretofore note that ; and consider , whether experience hath not made us sensible , that his words were but a prophecie of these times . and after this he expostulates the same businesse with camerarius , and questions , y quo jure , by what law it might be free for them , to subvert the ecclesiasticall policie ; if so the bishops would yeeld unto them , what is meet ? the question being thus proposed , his resolution follows ; z et ut liceat , certè non expedit ; but suppose it lawfull yet is it not expedient . luther himself was ever of this opinion ; whom some , i perceive , love meerly for this ; because by his means they had shaked off their bishops , and thereby gained libertatem minimè utilem ad posteritatem , such a litertie , as will be little for the good of posteritie . this he spake , and we feel . a for what kinde of state shall the church be in , in after ages , if all ancient customes and manners be utterly abolished , and no certain governors established ? god knows , and we imagine . . hitherto you have seen , how zanchius for himselfe and calvin ; and melanthon with luther , did endeavour , even in the shell , to crush that new model , b which ye boast to be of divine right , and yet confesse , that c it is not much above fourscore yeers standing ; and that but d in some churches . for , the truth is , ye can give us no president for the presbyteriall government in any one orthodoxe church , for yeers after our saviours ascension . all this while the wisedom of god , it seemes was breeding this truth , and stayed for you , and such as you are , to be her midwives . her pangs were long and doubtful , but now juno lucina hath done her part , and the strip●ing reckons fourescore yeers , and that but in cantons , in some odde corners of the world . truth it is , he was creeping in here about seventy yeers since ; but banished he was as dangerous to the crowne . but now he is returned in a fresh suite , and hath got the hand both of king and bishops ; yea he hath put the peeres shroadly to it ; even those , that complyed with him . . it may be , for all this , you will replie , that these are but the opinions of a few particular men . what say you to that memorable convention at auspurg , where met all , or most of the learned , that endeavoured the reformation ? these were , at least , the whole reformation representative ; and melancton gives them that very title in his apologie . wherein he tels us , that e all the reformation did often professe in their meetings at auspurg , that they desired exceedingly , to f preserve that ecclesiasticall policie , which was settled by the cannons of the church : as also to continue those very degrees in the church , which were agreed upon by humane authority . these pious men desired not the subversion , but the reformation both of church and church-men . yea , g by protestation they cleer themselves to all porsterity , that it was neither their intent , nor fault , to overthow the order , or authority of bishops . melancthon therefore , in behalf of all his brethren , acknowledgeth , that h bishops have both potestatem ordinis , & potestatem jurisdictionis , power of order , and power of juridiction . and i beleeve , that these men had seriously considred of their protestation . . but what is this , that he calls power of order ? surely a power to do that , which presbyters could not do ; that is , a power at least , to ordain ministers . for i herein by calvins confession , was the difference between a presbyter and a bishop properly so called , in the opinion of the ancients , that a bishop hath power to ordain , but not a presbyter . indeed the resolution of the ancient church is this , k presbyterorum ordo non est potens generare patres ; the whole order of presbyters is not able to beget fathers , that is , presbyters for the church ; but bishops are able : the order therefore of bishops and presbyters is not one and the same . hence it follows , that there is a necessity of continuing bishops in the church , if so we desire presbyters ; since without a bishop no presbyter ; and without a presbyter ( at least ) no lords supper . besides , your grand champion walo messalinus acknowledgeth , that l from the time that those orders and degrees were distinguished , and that a bishop became greater then a presbyter , ordination could not be common to them both . but those orders and degrees were from the beginning distinguished by our saviour , though not by these specificall titles observe , i beseech you . in the first place m he names the twelve , those of the higher order , apostles ; and after this , those of the lower order , the seventy , are called diciples , as i conceive , . luk : . . or else in the four evangelists they are distinguished from his other diciples by number onely , and not by title . in the other writings of the new testament they are distinguished into apostles and presbyteres , or bishops . n the apostles are of two sorts ; either such as were immediately ordained by christ , or such as were ordained by those apostles . the former are called the apostles of christ ; or o the holy apostles ; and sometimes p the chief apostles . the other are styled q apostoli vestri , and r apostoli ecclesiarum , your apostles , and the apostles of the churches ; because they had set cities , and a certaine people committed to their charge . the twelve were ordained by our saviour , while in the flesh he was conversant here on earth . but s. matthias , and s. paul , after his ascension were ſ called to be apostles by jesus christ and god the father . these did ordain , but not the seventy , not presbyters , or such as in scripture text are called bishops . s. paul and s. barnahas were apostles ; those we finde ordaining presbyters , act : . . and s. paul professeth , that he ordained timothy , tim. . . . let us now descend to those apostles , who were ordained by christs apostles . such were s. iames , appollos , epaphroditus , timothy , and titus . none of these were immediately ordained by christ ; and yet they are called apostles . the three former plainly in scripture , as is heretofore evidenced ; t the latter by your good friend salmasius . that timothy & titus did ordain , is too plain to be denyed ; and u for epaphroditus we have an acknowledgement likewise from salmasius . . these offices were necessarily to be continued in the church ; for x christ gave them for the gathering together of the saints , for the work of the ministery , and for the edifying of the body of christ y till we all grow up unto a perfect man : which is now but in fieri , in polishing , not perfected , neither will it be , till the second comming of our lord and saviour jesus christ . for z the church is the body of christ , which will have her imperfections and blemishes , till she be made fully compleat in the kingdom of glory . our saviour therefore saith , a behold i am with you alwaies , even unto the end of the world : which could not be spoken of their persons , but of their office , b as is confessed by the london ministers : since their persons were shortly to leave this world ; but their office is to continue , till heaven and earth passe away . when therefore c s. paul had lively described the true government of the church , and instructed timothy the bishop of ephesus d how he ought to behave himself in the church , he charged him in the sight of god , and before jesus christ , that he keep these commands without spot , and unrebukeable , untill the appearing of our lord jesus christ . but this he could not do in his own person , which was shortly to depart ; calvin therefore readily acknowledgeth , that f these things were written not so much for timothy s as for other mens directions , that were to come after him ; since g herein ( as beza observes ) many particulars belong to the daily office of a pastor . these things then must be daily and duely done , as occasion requires : but diverse of these ought , and might be done by timothy onely , and by such as were of his ranke ; but by no other ; needs therefore must this order be continued for the edifying and perfecting of the body of christ . this office then being quotid●a●um munus an office of daily use , must of necessitie be continued in the church . . but what office was this , that timothy and titus did beare in the church ? let salmasius speake . h they at that time were mamed apostles , & revera erant episcopi jvre eodem et ordine , quo hodie habentur , qui ecclesiam regunt , & presbyteris praesunt , and indeed were bishops in the same right , and of the same order , whereof at this day those are accounted , who govern the church , and rule presbyters . but this very office was none of those , which were extraordinary , and to continue for a season onely , no , no , in beza's judgement it is quotidianum munus , an office of daily use ; of necessity therefore it must be perpetull in the church . and yet the duties of that office were such , i quibus sustinendis non alius quilibet ( e vulgo pastorum ) par fuisset , as none of the vulgar pastors , no ordinary presbyters , were meet to undertake . and what are these ? k even to redresse , what is amisse , and to ordain presbyters . these are matters of moment , and require more then ordinary discretion . l for this cause s. paul left titus at creete ; and for this very end m he sent epaphroditus to philippi , though at that time there were in that citie many bishops . phil. . . if then there needed no ordination , but every man without orders might have discharged presbyteriall duties ; or if the presbyter-bishops of that citie might have set that church in order , and therein ordaine presbyters , why did s. paul send epaphroditus to philippi , to do those things , which might either have been left undone , or at least have been done as well without him . surely s. paul imposeth not needlesse businesses upon any . . bishops there were ( you will say ) before in that church ; if then it belong to the episcopall order to ordain , and reforme in the church , what is amisse , why was epaphroditus sent thither ? take notice ( i beseech you ) that those bishops were but presbyters , or presbyter . bishops ; n which order never had the power either of ordination or jurisdiction . s. paul therefore sends unto them , epaphroditus an apostle-bishop , who could performe both . this you see acknowledged by your most able and subtill advocate . . well , let it be , what it will , lawfull or unlawfull , t is all one , in this exigent or distresse that his majestie is put to , o notwithstanding that his oath the king ( say you ) without impeachment , may in this circumstance , consent to the abrogation of episcopacy . his majesties oath now falls in question ; and i shall be willing fairely and calmely to consider , wherein , and how far forth a christian king is bound to keepe , or breake his oath . chap. vi. whether the king , without impeachment to his oath at coronation , may consent to the abrogation of episcopacy . . this question hath two branches . the first , whether a christian king be bound to keep his oath . the second , whether he may notwithstanding his oath , consent to the abrogation of episcopacy . his majesties coronation deserves also to be looked upon ; since an oath deliberately and solemnly taken , deserves the more seriously to be thought on ; and will draw from god the heavier doome , if despised , or slighted . . by your own confession it is evident , that p an oath against christs institution is vin●u um iniquitatis , an impious oath , and ought not to be observed ; but to be cut off with shame and sorrow ; since q all bonds to sin is frustrate confesse we must , that an oath against god revealed will or honour , is a bond to sin ; and therefore no sooner made then void , and to be abhorred such is your covenant against episcopacy . and had the king either through misunderstanding , ill advice or fear taken that irreligious covenant , he had been obliged , by your confession , to have made it frustrate ; since it is a bond to sin , because it is against christs word and instituition , as is manifested c. . & . . but r an oath taken in truth , and righteousnesse , and judgement , because it is of such things , as may justly and lawfully be performed , yea because god approves & ratifies this oath , is vinculum aequitatis & necessitatis , such a bond as equity and conscience bind us necessarily to performe , to the utmost of our power . but such is his majesties oath at coronation concerning the church , the spouse of christ . . no unrighteousnesse can ye shew in it , the lawfulnesse of episcopacy , as also their just right to govern presbyters , is sufficiently justified c. . no untruth ; for our soveraigne hath sworn to maintaine an ordinance of truth , of christ himself . and sub paenâ judicij , upon paine of judgment he is bound to make good this his oath , so justly taken , least he fall into the hands of god , and so into eternall judgement . ſ for justice requires , that every man , much more a christian , and a king , keep his oath made upon such grounds , t though it be with hazard both of crown , and life , and all that may be indangered upon earth . . consider , i beseech you , how u in an oath we call god to record ; and we make him not onely our witnesse , but our suretie , that we will , with his blessing , performe , what we have vowed , or sworne in his name . and not onely so , but we call upon him to be our judge , and the revenger of our perfidiousnesse , if so we wittingly depart from this oath . with what face then can we fall back , and wilfully incurre perjury ? is not this as philo judaeus hath it , to x make god a shelter for our wickednesse , and to cast our sin upon him ? that so to the infamie of christian religion , we may ●oder up a faire repute before men . is not this to cast aside not onely a fore-head , but all conscience , and the fear of god ? oh , ( saith s. austin ) y what blindnesse can equall this , to hunt after a little vaine glory by deceiveing man , while in thy heart thou sleightest god the searcher of all secrets ? as if his error , who thinks thee good , were comparable with thine , who seekest to please man with a show of good , whilest thou displealest god with that , which is truly naught . . but this is no new thing to you , that have dispenced so long , so often , so variously with so many oaths of supremacie , allegeance , and canonicall obedience : that have done so many strange acts , contrarie to your faith , and subscription . take heed in time , lest not onely your oaths , but your own hand-writing arise in judgement against you , for casting off the book of ordination ; for renouncing the booke of common-prayer ; for disclaiming the articles of the church of england , with those three creeds , the glory and hope of all good christians . thus you , and your brethren , are become apostata's and renegadoes to all religion and piety ; gracelesse , faithlesse , perjured men . god of his mercy give you a sence of these sins , that so you may in time repent , and make some satisfaction to the church of christ , by an open confession , and by a full detestation of those presumptuous and crying sins . . this oath his majestie took solemnly before god , in the house of god , in the presence of the nobility , and clergie , and a multitude of his leige people . and shall not all these oblige him so much the more to be tender of this oath ? zanchius tels us , that z it is a more grievous sin to offend against a publick solemne oath , then against one made in private . what may we then think of an oath taken with such high solemnity ? . this oath was voluntarily , freely taken , without compulsion , or perswasion ; so no excuse that way . indeed it was taken a in truth , in judgement , and in righteousnesse . in truth , his sacred majesty resolving truly to keep it : in judgement , judiciously , upon mature deliberation ; and in righteousnesse ; intending that every branch of this oath should be justly and righteously observed in all his courts of justice . how then can he infringe this oath ? . he made this promiss●ry oath to a great body of this his kingdome , the whole clergie of this land ; and those not the meanest of his subjects . and not onely so , but to holy church his mother , and to god the father of us all . how can he then disclaime this oath ? which so obligeth his conscience before god. that b ●ad he bound himself by such a tye to high-way robbers , or to his professed ●nemies , he had been bound by the law both of nations and christianity , strictly to haue observed it without fraud or coven . talke not of a dispensation . nor life , nor death , nor principalities , nor powers , whether civill or spirituall , can possibly discharge him of this oath ; no more then they can me of my oath of allegiance . and yet it is a point of your religion to perswade to perjurie ; as if it would ease your consciences , to have millions concurre with you in the same perfidiousnesse and end . . is perjurie a sin , or no sin ? if it be a sin , and an heinous sin , c how then can i commit this great wickednesse , and sin against god ? is it no sin ? if you be of that mind , speake out , shew your self in your true colours . what religion are you of , i know not well ; little use hath your conscience made of religion in this case . your eye is wholly upon the parliament , and the present necessity , those members have wrought our good king and this whole nation . necessity hath so far prevailed with you , as rather to be forsworne , then to forgo your present maintenance . but our most gracious soveraigne , whom god ever blesse , hath wholly fixed his heart upon god , and his word , wherein we are charged d , not to sweare falsely by the name of the lord ; no , e nor to forsweare our selves , but to performe our oaths unto the lord. marke ; though the oath be made to the servant , it must be performed unto the lord ; because the caution is given to the servant in the lords behalfe ; yea upon the lords credit ; for by his name , and upon his book we sweare to do it . and if we do it not , f the lord will not hold us guiltlesse . minus dicitur , plus intelligitur ; by this one word much may be understood ; for g the lord will come against us in judgement , and call us to an account for our oaths . h oaths therefore must be avoided , lest we fall into condemnation . for perjurie is a foule , a dangerous , a damnable sin . i odious it is to god , because , k it defiles his most holy name . l for this very sinne the land mournes ; i beseech god , it become not disolate . sure i am , m a curse will enter into his house , that sweareth falsely ; it will settle there , till it have consumed the timber and stones thereof . or as the wise man hath it , n his house shall be full of calamities , and the plague shall never depart from it . let zedekiah be our evidence . o he took the oath of allegiance to nebuchadnezzar ; but slighted it , and rebelled against that his soveraign lord , who had so highly honoured him , and trusted him with a kingdom . but what became of him ? p the caldees came , besieged jerusalem , conquer'd it , took zedekiah prisoner , and slew his sons before his eyes . this done , they put out his eyes , and in fetters carried him captive to babylon . here was an end of the kings of that land , descended from the tribe of judah . are not here the timber and stones of his house , his strong men , and the sons of his loins utterly consumed ? . think not to excuse your selves or any other , by some later covenant ; this will not serve the turn . was the first sworn in truth , and judgement , and righteousnesse ? or was it not ? doth it truly and justly agree with the word of god ; at least , not contradict it ? if so , thou art bound in justice to observe it , lest judgement fall upon thee . for this is a true rule , if zanchius mis-guide us not , q posteriores promissiones , etiam juramento firmatae , nihil de prioribus detrahere , aut imminuere possunt : later aths cannot possibly make the former of no , or lesse validitie . why then do you perswade the king to break his oath ? he that enticeth a man to perjurie , under pretence of pietie and religion , r what doth he else but affirm , that some perjuries are lawfull . which is as much to say , as some sins are lawfull . which is naught else , but to conclude , that some things are just , which are unjust . i appeal to men of understanding , whether this proposition savours of pietie , or discretion . think not then to ensnare prudent and conscientious men , with such frivolous and senslesse pretences ; which favour strongly of absurditie , if not of atheisme . chap. viii . whether the king may desert episcopacy without perjury . . give me leave to passe over a few pages , and to take that into consideration , which follows next in reason , though not according to your method . we are now fallen upon a strange question , too high to be proposed by any subject . but you have enforced me to make that a question , which is harsh to loyall ears , lest i may seem to avoid your subtill and sawcie cavils , as unanswerable . for do not you say ▪ that your second ant●gonist plainly ●ffi●ms , that the king cannot desert episcopacy without flat perjury ? his words are far more mannerly : but i am bound to trace your steps ; and shall , with gods assistance , manifest , that his majestie without violation to his oath , and to religion , may not desert episcopacy , and leave it naked to the subtill fox , or the mercilesse swine . . first , according to your own confession , his sacred majestie hath sworn to almighty god , in his holy place , before a solemn assembly , to t protect the bishops , and their priviledges to his power , as every good king in his kingdom in right ought to protect and defend the bishops , and churches under their government . . good kings protect bishops ; and good they are in doing so ; there is no evill then in protecting bishops . . they ought to do it : it is therefore their duty ; and to fail of this their duty , when they may choose , is sin . . in right they ought to do it : they do wrong therefore , if they do it not . this right is grounded upon scripture ; for god saith , u erunt reges nutritii tui , kings shall be nursing fathers , and queens shall be nursing mothers to the church . who then dares say , they ought not , or shall not ? . besides , what is done in right is injurious to no man ; since jus and injuria , right and wrong cannot consist in the same action , under the same consideration . and yet no right is done , but it is displeasing to the adverse partie . god did right in protecting moses and aaron , against korah , and his confederates . he did right in destroying those factious and rebellious persons ; and yet x this was displeasing to all the congregation of the children of israel . and shall god or the king forbear to do right , because the multitude murmure at it ? this be far from the lord and his vicegerent . a judge is sworn to do right . if then he do not right to the utmost of his understanding , he is perjured . and the more eminent a man is in place , the greater the sin . you know , to whom it was said , y because by this deed thou hast given great occasion to the enemies of the lord to blaspheme , the childe that is born unto thee , shall surely dye . and of jer●boam it was said , z go , tell him , thus saith th● lord god of israel ; for as much as i ex●●ted the fr●m ●m●●g the people , and made thee prince over my people israel : and yet th●● hast done evill above all that were before thee , and hast cas● me behind thy 〈…〉 ▪ therefore behold , i will bring evill upon the house of jeroboam ▪ &c. . secondly , the king hath sworn to be the protect●r and defender of the churches under his government : and this , you will confesse , the king ought to do . but the king doth not protect the church , unlesse he protect the bishops ; since without bishops the church must needs crumble away , and come to nothing . the bishop is the ministeriall spouse of the church : how then can the church be protected , if her husband be taken from her , or stripped of his means ? just as our wives are maintained with the fift part . fed with an ordinance , with words ; but where 's the fift part ? which of our wives have had that justly payed them ? . the bishop is , under christ , the father of the church . destroy the father , and how shall the children be provided for ? nay who shall beget children of the church , when she is void of an husband ? and the bishop is the onely husband of the church ; a take ●way the bishop , and the church is a widow ; if you will beleeve the councell of chalcedon . b i have heretofore manifested , that none but a bishop can ordain either priest or deacon . and zanchius determines , that c the church may not want ministers , who are to administer these externall things , the word and sacraments . remove the ministers that have this power derived unto them from christ , and the sacraments must fail , and consequently the church . for what d is the church , but a congregation of christians , wherein the pure word of god is preached , and the sacraments duly administred , according to christs ordinance . but , according to christs ordinance , none may administer the word and sacraments but bishops , priests , and deacons . take these away , and what becomes of the sacraments ? take away baptisme , and according to gods ordinary and revealed way , we cannot become christians , e we cannot be born anew of water , and of the holy ghost . and when we are become christians , take away that food of life , the lords supper , and we must needs famish : for f unlesse we eat the flesh of the son of man , and drink his blood ( in that blessed sacrament ) we have no life in us . hence is that of calvin : g the light and heat of the sun , meat and drink are not so necessary for the cherishing and sustaining this present life , as the apostolicall and p●storall office is for the preservation of the church on earth . if then it be proved , that bishops properly and strictly so called , be of the same office and order with the apostles , then have we calvins acknowledgement , that the church cannot subsist without bishops . . indeed it cannot , if we beleeve s. cyprian ; for he saith , that h we ought to know episcopum in ecclesia esse , & ecclesiam in episcopo ; that the bishop is in the church , and the church in the bishop : it stands and fals with him . what then becomes of that church , where there is no bishop ? i si qui cum episcopo non sint , in ecclesia non esse . we must also know ( saith that blessed martyr ) that they , which are not with the bishop , are out of the church . thus the bishop is in the church causaliter , causally ; but the church in the bishop virtually . the fountain is in the brook causally ; and the brook in the fountain virtually ; because from the fountain the rives derives his being , from thence it is derived and fed . damne up the fountain , or divert his course , and what becomes of the river ? thus is it between the bishop and the church . hence i infer , that the matter of the oath is lawfull : i conclude therefore , with the author of the review , that k his majestie is bound in religion and conscience to protect the bishops with their churches , and priviledges . unlesse it be so , that you can bring him a new christ , who will ordain another way to heaven . . but , say you , ▪ it is a ground laid down by this author , that no oath is obligatory beyond the intention of it . that is , according to the common , plain , and literall meaning thereof , otherwise we know no intention of an oath . we must therefore look back to the intention of the first framers thereof , as also to the good and securitie of those , to whom , and for whose sake , it is tak●n . n. that m the intention of this oath , and the framers thereof , is against a tyramous invasion on the rights of the clergie ; as also to protect them against violence , no question at all is to be made ; and you do well to acknowledge it . so far then the king is to protect them to the utmost of his power . and hitherto , by the assistance of god , he hath done it : and my trus● is in jesus christ , that he will strengthen our good king to live and dye in this pious and princely resolution . . this oath is to the clergie ; the king then must have an eye upon them , and their intention , who so humbly begge his protection , and to whom he makes this oath . n expectationem enim eorum , quibus juratur , quisquis decipit , non potest esse non perjurus : for he that deceives their expectation , to whom he swears , cannot but be perjured . this s. austin proves at large in the preceding epistle ; wherein o he wonders , that any man should be of such an opinion , as to conceive , that a man might incur certain perjurie , to avoid uncertain danger , losse or death . it is a rule therfore in the canon law , p quacunque arte verborum quis juret , deus tamen , qui conscientiae testis est , ita hoc accipit , sicut ille , cui juratur , intelligit . what art soever a man use in the words of his oath , god who is witnesse of the conscience , takes the oath in that very sense , wherein the party takes it , to whom we swear . otherwise we shall not onely deceive others , but we shall cheat our selves into equivocation , wherewith of late we have so justly charged the jesuites ; and for which the fathers most deservedly heretofore condemned q the helcheseites , r valentinians , ſ priscillianites , and t the followers of origen . truly , i am much afraid , we are fallen into such times , as roger hoveden complains of under k. steven ; u wherein it was accounted a noble act to lye , and forswear ; and a manly deed to betray their lords and masters . . and is not this , which is wrought against the clergie , a tyrannous invasion ? what law is there to countenance , what of late yeares hath been done against us ? where is the orderly alteration , you speak of ? hath not all been done by tumults , and insurrections ? have not divers of the peers been assaulted , and many of the commons vilified , and terrified by a seditious faction , that so they might bring them to their own bend ? how many have been inforced to flye with all secrecy from westminster , because they would not passe their vo●es against law and conscience ? was it orderly to frame petitions at westminster , against the bishops and orthodox clergie , and then to gleane hands in the countrey from factious spirits , to your own petitions ? was this an orderly alteration , without any pretence of law , to deprive us of our freeholds , to plunder our houses , to imprison our persons ; and to thrust into our benefices men with unwashed hands , felt-makers , blacksmiths , taylors , and i know not whom ? and yet all this hath been done by our great masters in israel . . by your own confession , the king hath taken an oath to protect the clergie and their rights against violence , and a tyrannous invasion . but how shall he protect us , that is not able to secure himself ? this , it seems , was his dutie , and with gods assistance in his power , when his sacred majestie took the oath . his duty still it is , though he be robbed of his power . and when god shall restore him to his power , he is bound to discharge this dutie . for you confesse , that x his majestie is ingaged to his power to protect the bishops and their priviledges . and if he breake this solemne oath , in his own person , with what conscience can he punish perjurie in others ? . an orderly alteration , or legall waies of change , who condemnes ? but we justly complaine , that no such alteration hath been endeavoured . for that is not orderly , which is illegall : neither can that be imagined rationall , which is wrought by violence , or forced upon a king. he is to be ruled by the word of god , and right reason , y which is the life of the law ; not to be over-awed , or over-swayed by a faction . . that z it is rationall for a king to undertake , to protect the clergie against violence , you acknowledge ; and it is no more then all the kings ministers are bound in conscience to performe , the king hath done it , blessed be god , to the utmost of his power . whether the kings officers , and those he hath put in trust , have done their dutie , wi 〈…〉 be answered for at an higher barre . in right reason the oath should have no other sense . th●● sense then it hath ; and we desire that sense may be made good by parliament , and we restored to our free-holds , according to reason , and law ; and satisfaction made us for our losses , ●nd illegall imprisonment , ●ill an orderly and legall change be made . chap. viii . whether the kings oath taken to the clergie , be injurious to his other subjects , and inconsistent with his oath to the people . . you object , and we confesse , that a this oath to the clergie , must not be intended in a sense , inconsistent with the kings oath to the people ? how ? inconsistent with the kings oath to the people ? what ? all blind but mr. iohn geree , and his confederacy ? king and subject , preist , and people , composers , approvers , takers , all dimme-sighted ? how came you to spie this foule mistake ? surely this is one of your new lights ; for both these oaths as you please to call them , have happily stood , and may long stand together . there was a time , when the devill had found a device , to set god and caesar at odds : but our saviour set them to rights ; b give ( saith he ) unto caesar what belongs to caesar , and to god , what belongs unto god. that difference being reconciled , that arch enemie of man , hath found out a late device , to raise a quarell between clergie and people , as if the liberties of the one could not consist with the rights of the other . but we have learned of our blessed master to set these also at one , and beseech his majestie , to give unto the people what belongs to the people , and to the clergie , what belongs to the clergie . we desire nothing , that is theirs ; and we are certaine , that no good man will repine , at what is iustly gods , or ours . . it is gods command to c give every man his due . and if any law be made contrary to this , it is no law. the reason is , because d all power i● from god , and under god. e that law then , that god hath made , man may neither abrogate , nor alter ; it is onely in the lords breast to do it . indeed what is settled by man , may be changed , or abolished by man. but man must be carefull , that the law be just . f lex enim non obligat subditos , in foro conscientiae , nisi s●t justa : no law binds a subject in case of conscience , unlesse it be just . indeed it bind● them not to performance , but to submission . though they be not bound to performe , what is injoyned ; yet must they submit , to what shall be inflicted ; since resistance is damnable . ro. . . . since then it is onely the just law that binds us to obedience , it will not be a misse to set down , what laws are just , and what not . g that a law be just ( saith thomas ) three ingredients are requisite : first , power in the law-maker ; ly . the end , that it be for the common good ; and ly . the forme ; namely , that all burthens and taxes be equally , evenly layed upon the subjects ; not more upon one then upon another , but proportionably upon every man according to his estate . laws so qualified , are just , because impartiall . . from hence we may safely conclude , that h those laws are unjust , where , in the first place , the imposer wants authoritie . ly . when burdens are imposed , that are not for the common good , but for private interest , gaine , or glory . ly . when taxes , or subsidies , though for the publick good , be unequally layed . or , in the last place , when laws contradict gods written word : for i all laws ought to be so framed , vt illis , quos tangunt , prosint , & nemini praesertim notabile afferant n●cumentum : that they may be commodious for those , whom they concerne , and yet not be evidently injurious to others . from these or the like grounds , i find it resolved by the sages of this kingdom , that k the king may grant priviledges to any corporation , so they be not prejudiciall to some other of his subjects . . but wherein is the kings oath to the clergie , inconsistent with his oath to the people ? because his majestie hath first ( say you ) taken an oath for the protection of the people in their laws and liberties . their laws ? the peoples laws ? who made them makers ▪ or masters of the laws ? do the people use to make laws in a monarchie ? behold , all are law-makers . who then shall obey ? none but the clergie ▪ thus the clergie must obey the people ; and if obey , then please . for whom we obey , them we must please . and yet there is much danger in pleasing the people : for l if i should please men , ( that is , the common people ) i were not the servant of christ . the plain truth is , the laws are the kings laws , so we call them , and so they are ; and his subjects must observe them . otherwise m he beareth not the sword in vaine . the liberties indeed are the peoples , granted and confirmed unto them by the soveraignes of this realme . but wherein n will the latter oath be a present breach of the former and so unlawfull ? one would think , here were some great wrong offered to the people , as if some immunities , or means were taken from them , and transferred upon the clergie by this oath . but when all comes to all , it is no more then this , that o one of the priviledges of the people is , that the peers and commons in parliament , have power , with the consent of the king , to alter what ever in any particular estate is inconvenient to the whole . i had thought , that this priviledge , you speake of , had not been a priviledge of the people , but of the parliament , that is , of the peers and commons , representees of the people met in a lawfull and free parliament with the kings consent . not of the representees of the people alone . but you would faine incense the people a new against us , under a pretence , that all is for their good , and for the maintenance of their priviledges ; because they are represented by the house of commons . whereas the truth is , you endeavour to devolve al upon that house , for the erection of p●ssbytery ; that so both church and state may be democraticall , both settled under a popular government . . let us take a view of this passage , and see what truth is in it . one of the priviledges of the people is , say you , that the peers and commons in parliament have power to alter what-ever is inconvenient . how the lords will take this , i know not , though of late they have been so passive . can they endure , that their power should be onely derivative , and that from the people ? your words are plain ; one of the priviledges of the people is , that the peers have power . as if the lords had no power in parliament , but what issued from the peoples priviledges . why then are they called peers ; when they are not so much as peers to the people , but their substitutes , if not servants ? surely you lay the lords very lowe . and if it be one of the peoples priviledges that the lords have power ; then is it also one of their priviledges , that the lords have no power , that the people may take it from them , when they please . cuius est instituere , ejus est & destituere ; they that can give power , can also take it away , if they see good . this of late hath been usually vaunted against the house of commons ; and you say as much to the house of peers . whereas the peoples priviledges are but severall grants of the kings of this land , proceeding meerly from their grace and favour . alas , the people hath not so much as a vote in the election of peers ; neither have they liberty to choose members for the house of commons ; no , not so much as to meet , for any such purpose , untill they be summoned by the kings writ . so the peoples priviledges depends upon the kings summons ; no such priviledge till then . . and whereas you say , that the peers and commons have power to alter , what-ever is inconvenient ; you are much mistaken . when by the kings summons they are met in parliament , they have power to treat and consult upon alterations , as also to present them to his majestie , and to petition for such alterations , where they see just cause . but they have no power to alter : that is in the king ; or else , why do they petition him so to this day , to make such changes good , as they contrive ? hoc est testimonium regiae potestatis , vbique obstinentis principatum . this a full testimonie of the kings power in all causes , and over all persons , that the lords & commons assembled in parliament are faine to petition for his royall consent and confirmation , before they can induce an alteration . the truth is , the power of making laws is in him , that gives life to the law , that enacts it to be a law : not in them , that advise it , or petition for it . p where the word of a king is , there is power ; it is his word , le roy le v●lt , that makes it a law ; then t is a law , and not before . no power makes it a law but his . for q he doth , whatsoever pleaseth him . when it pleaseth him ; not when it pleaseth them : many times therefore he rejects bills agreed by both houses , with his roy ne veult , the king will not have them to be lawes . the reason is given by that renowned justice jenkins ; because r the law makes the king the onely judge of the bills proposed . ſ i counsell thee therefore to keep the kings commandment ( or , to take heed to the mouth of the king ) and that in regard of the oath of god. t that is ( saith the geneva note ) that thou obey the king , and keep the oath , that thou hast made for the same cause . this is agreeable to scripture . and the wisest of this kingdome not long since acknowledged , that u without the royall consent , a law can neither be complete nor perfect , nor remaine to posterity . a law it is not , it binds not , till the king speak the word . yea the kingdom of scotland hath declared , that the power of making laws is as essentiall to kings , as to govern by law , and sway the scepter . declar. of the kingdome of scotland . p. . . but if this be the peoples priviledge , that the peers and commons in parliament have power with the consent of the king to alter , what is inconvenient : whose priviledge is it , i pray you , for the lords and commons , without the kings consent , to make alterations , and abrogations with root and branch ? this is no priviledge of the people , nor yet of the houses ; x because ( as justice jenkins observes ) it is against their oaths to alter the government for religion . for ( saith he ) every of them hath sworne in this parliament , that his majestie is the onely supreme governour in all causes ecclesiasticall , and over all persons . but what inconvenience , i pray you , ariseth to the people from the rights and priviledges of the clergy ? not tithes . no , say you , y that justifie them to be due to your precious presbyters , by divine right . not the bishops revenues . by no meanes ; z they must not come into any mans hands but yours ; who are the parochiall pastors ; these must be your maintenance . a to seize them to private or civill interest , is detestable sacriledge , cried out upon all the world over , and to be deplored of all good men . so you with your master beza . indeed to take them away from those , that are intrusted with them , would prove marvelous inconvenient to the people . . how many inconveniences will arise to the people of this kingdome , by stripping the clergie of their immunities , and lands , cannot suddenly be discovered . some of them i shal lay down , and leave the rest to be displayed by those , that are cleared fighted . first the curse , that is likely to fall upon this whole nation by sacriledge . for a nationall sin must have a nationall punishment . b admensuram delicti erit & plagarum modus ; according to the fault , and the measure thereof , the number of the stripes shall be . let it be considered , how from severall counties multitudes came in with petitions , for the exrirpation of episcopacy . by whose instigation the petitioners best know . think not to avoid the scourge , because multitudes conspired in the sin : c we must not follow a multitude to do evill . hope not to lye hid in a throng ; d be sure , thy sin will find thee out , as e it did achan among the thousands of israel . his nobility could not excuse him . remember that this was for sacriledge ; for f he stole two hundred shekels of silver , & a wedge of gold , g which were consecrated unto the lord. this is a dreadfull sinne , h it will lye at thy doore ; it will be a stone of offence to thee , at thy going forth , and thy coming in . . i know there are men of severall mindes met at westminster . some are wholly bent upon church lands , and are resolved to swallow them up , come what will come . others are content to covenant , vote , or do any thing to save their own stakes ; for to what purpose were it for them to withstand ? alas , they are but an handfull ; they may wrong themselves , but no good can they do to church , or king. but we forget the lords rule ; i thou shalt not speak in a cause , to decline after many , to wrest judgement . . some young gentlemen there are , that must plead ignorance in their votes , as being not acquainted with the state of the question ; much lesse with the mysterie of iniquitie , which worketh powerfully in the sons of disobedience . but they must know , that there be sins of ignorance ; for these there must be an attonement made by the preist , and without this , for ought i read , no forgivenesse . levit. . yea , saith the lord , k if a soule sin , and commit any of these things , which are forbidden to be done by the commandments of the lord , though he wist it not , yet is be guiltie . and he shall beare his iniquitie , for l he hath certainly trespassed against the lord. but to bring it home a little neerer to these times , that are so violent for sacriledge , let all achans broode give eare to the words of the lord , m if any person transgresse , and sin through ignorance , by taking away things consecrated to the lord , he shall restore that , wherein he hath offended , in taking away of the holy thing , and shall put the fift part more thereto , and give it unto the preist . then n shall the preist make an attonement for him , not before ; then shall the sin be forgiven him , not before . here then remaines no excuse for any , that have the least hand in sacriledge , without restitution . but why do we o abhor idols , and commit sacriledge ? why rob we god , as if he were an idol , not sensible of these wrongs , nor able to revenge them ? . next , when the church is stripped of her means , what kinde of clergie shall we have ? p jeroboams priests ; the lowest , and meanest , of the people . for as now , so then , q the priests and levites followed their true liege lord. for that arch-rebell and his sons had cast them off from executing the priests office . this being done , r who would , might consecrate himself , and be one of the priests of the high places . like king , like priest ; each had alike right to their places . a lively character of our times . these are called the devils priests , chron. . . men that wanted either the knowledge , or the fear of god , or both . and surely this is the ready way to fi●● our priests places with men void of learning , not ſ apt to teach , not t able by sound doctrine either to exhort , or to convince the gainsayers . now s. peter tells us , that u the unlearned and unstable ( ungrounded men ) wrest the scriptures to their own destruction . what then shall become of the people ? x if the blinde lead the blinde , both shall fall into the ditch . this will bring us to that passe , which bishop latymer speaks of , y we shall have nothing but a little english divinitie ; which will bring the realm into very barbarousnesse , and utter decay of learning . it is not that , i wis ( saith that good bishop ) that will keep out the supremacy of the bishop of rome . and this will be a strange dishonour to this nation , which hath alwayes abounded with learned men . . hospitalitie will come to nothing ; your rents will be racked ; and your sons barred from one fair and most commendable course to preferment . for with us no one familie , or set persons are tyed to be priests , as was the tribe of levi. the qualification of the person , and not his pedegree , is with us inquired into . what understanding man then will freely dedicate his son to the ministerie , and be at an extraordinarie charge to breed him up to divinitie , when his reward shall be certain poverty ? and what scholer of worth will desire orders , when he knows , that by these he shall be exposed to contempt and beggary ? though we love the priesthood , when we are miserable in it ; yet no man affects the priesthood , that he may be miserable . i know many , since our coat is grown so contemptible , who intended divinitie , that have diverted their studie to physick ; knowing that this nation is carefull of their bodies , though carelesse of their souls . . is it not enough by this extirpation to barre your selves from heaven , unlesse ye sink your posteritie into the same damnation ? is it not enough to murder priests , unlesse ye slay the priestood also ? certainly ye run the readie way to do it . if ye will not beleeve bishop latymer , because a priest ; yet trust sir edward coke , because a lawyer and a states-man . this great learned man assures us , that z it is a more grievous and dangerous persecution to destroy the priesthood , then the priests . for by robbing the church , and spoyling spirituall persons of their revenues , in short time insues great ignorance of true religion , and of the service of god ; and thereby great decay of christian profession . for none will apply themselves , or their sons , or any other they have in charge , to the study of divinitie , when after long and painfull studie they shall have nothing whereupon to live . will not our church then come to a sweet passe ? and yet to this passe we are almost brought . . all the inconvenience , that mr. geree presseth , is this , that a we are not subject to the parliament , to be whipped and stripped as they please . if we be not subject to them , i am sure they have made us so . but how far forth , and wherein we are subject to the parliament , and what parliament , shall speedily be taken into consideration . chap. . . you speak much of b a former and a latter oath ; the former to the people , the latter to the clergy . as if his majestie took two severall oaths , at two severall times . whereas in truth it is but one oath , c as you acknowledge p. . taken at the same time , and , as it were in a breath . indeed there are severall priviledges proposed to the king , which he first promiseth , and afterwards swears to maintain . as for the promise , it is first made in grosse to the people of england ; & afterwards to the severall states of this realm ; but first to the clergie by name . in generall to the people of england , the king promiseth to keep the laws and customs to them granted by his lawful and religious predecessors . under this word people are comprehended the nobilitie , clergie , and commons of this kingdom . afterwards distinguishing them into severall ranks , he begins with the clergie , promising that he will keep to them the laws , customes , and franchizes granted to them by the glorious king s. edward his predecess●● . secondly , he promiseth to keep peace and godly agreement entirely , to his power , both to god , the holy church , the clergie , and the people . here also , you see , his promise to the church , and clergie , goes before that to the people . in the third branch his majestie promiseth to his power to cause law , justice ▪ and discretion in mercy and truth to be executed in all his judgements , to all before named . next he grants to h●ld and keep to the comminalty of this his kingdom , the laws , and rightfull customes , which they have to the honour of god [ mark that ] so much as in him lyeth . the commonalty , you see , are not mentioned , till we come to the fourth clause . and last of all , lest the bishops , though implied in church and clergie , should seem to be omitted , and an evasion left to some malignant spirits , to work their ruine , and yet seem to continue a clergie ; the king promiseth to the bishops in particular , that he will preserve and maintain to them all canonicall priviledges , and due law and justice ; and that he will be their protector and defender . how then can he desert them , or leave them out of his protection ? . these promises made , the king ariseth , is led to the communion table , where laying his hand upon the holy evangelists , he makes this solemne oath in the sight of all the people : the things , that i have promised , i shall perform and keep ; so help m● god , and the contents of this book . though then the promises be severall , the oath is but one : and so no former , no latter oath ; not two , but one oath . d the kings oath to the people is not first taken ; but you are wholly mistaken . . if any man desire to know , who the people and commonalty of this kingdom are , let him look into magna charta ; where he shall find them marshalled into severall estates , corporations , and conditions . there you shall also see the severall laws ▪ customes , and franchizes , which the king and his religious predecessors have from time to time promised , and sworn ▪ to keep and maintain . that great charter begins with the church ; e inprimis concessimus deo : first , we have granted to god , and by this our present charter have confirmed , f in behalf of our selves and our heirs for ever , that the church of england be free , and that she have her rights entire , and her liberties unmaimed . now sir edw : coke , that oracle of the law , tels us , that g this charter for the most part is but declaratory of the ancient common laws of england : to the observation wherof the king was bound and sworn . and not onely the king , but h the nobles and great officers were to be sworn to the observation of magna charta : i which is confirmed by thirtie and two acts of parliament . . the liberties of this church , as i have gleaned them from magna charta , and sir edw : coke are these . first , that k the possessions and goods of ecclesiasticall persons be freed from all unjust exactions and oppressions . secondly , that l no ecclesiasticall person be amerced ( or fined ) according to the value of his ecclesiasticall benefice , but according to his lay tenement , and according to the quantitie of his ●ffence . thirdly , that m the king will neither sell , nor to farm set , nor take any thing from the demeans of the church in the vacancie . fourthly , that n all ecclesiasticall persons shall enjoy all their lawfull jurisdictions , and other rights wholly without any diminution or subtraction whatsoever . fiftly , o a bishop is regularly the kings immediate officer to the kings court of justice in causes ecclesiasticall . sixtly , p it is a maxime of the common law , that where the right is spirituall , and the remedy therefore onely by the ecclesiasticall law , the conusans thereof doth appertain to the ecclesiasticall court. seventhly , q sir edw : coke tels us from bracton , that r no other but the king can demand ( or command ) the bishop to make inquisition . eightly , ſ every archbishoprick and bishoprick in england are holden of the king per baroniam ( by baronry ) . and in this right they that were called by writ to the parliament , were lords of parliament . t and every one of these , when any parliament is to be holden , ought ex debito justitiae ( by due of justice ) to have a writ of summons . and this is as much as any temporall lord can chalenge . the conclusion of all is this , that u neither the king , nor his heirs ( or successors ) will ever endeavour to infringe or weaken these liberties . and if this shall be done by any other , nihil valeat , & pro nullo habeatur , let it be of no force , and passe for nothing . hence x it is provided by act of parliament , that if any judgement be given contrary to any of the points of the great charter , by the justices , or by any other of the kings ministers whatsoever , it shall be undone , and holden for nought . let all true hearted englishmen observe this , that are lovers of their countreys liberties . . we have seen , what the king hath granted & sworn , as also in what order ; and that the oath is but one . and yet mr. geree goes forward , as if it were certain without question , that this to the clergie , were a severall oath from that to the people . confidently therefore he presseth it , that y the king cannot afterwards ingage himself . whereas he ingaged himself alike to his people at the same instant , that he would preserve the priviledges both of clergie and commonaltie , because both his people . now , why his majestie should be bound to maintain the priviledges of that one estate , rather then of the other ▪ i cannot conceive . especially when i consider , that z the priviledges of the clergie are granted to god ; without whose blessing nor privilege , nor people can be preserved . the king then herein non c●●sit jure suo , hath not yeelded up the clergie or his right to any other ; neither can he with a safe conscience do so . but since a magna charta hath been so often confirmed , even by . severall acts of parliament , the parliament , in that sense you take it , hath parted with that right it had , by these severall grants and confirmations : and we ought in justice to enjoy our priviledges , and they to maintain them ▪ unlesse they mean to affront and subvert so many acts of parliament , and that main charter and honour of this kingdom . as if they onely had the judgement of infa 〈…〉 ibilitie ; which scotland denies . declarat . of the kingdom of scotland , p. . chap. ix . how far forth , and wherein the clergie is subject to a parliament , and to what parliament . . the net is prepared , the snare layed , danger is at hand , and yet we must not forsake , or betray the truth in time of need . the noose layed by our church adversary , is this : b the clergie and their priviledges are subject to the parliament , or they are not . to this we must say , yea , or nay ; and the man thinks he hath us sure enough . but the man is mistaken , one mesh is not well made up ; and i must tell him that we are subject to the parliament , and we are not . subject we are to the parliament , consisting of head and members ; but not to the members without the head , not to the members alone ; since we are subject to the members meerly for the heads sake ; and in those things onely , wherein he subjects us to them . set apart the head , and we are fellow members , fellow subjects . for iowe no temporall subjection to any or many subjects , but onely for the kings sake . though the parliament be a great , a representative , an honourable body , yet it is but a body : and that body , with every member thereof , owe obedience and service to the head ; not one to another . i say nothing , if i prove it not by scripture . c submit your selves to every ordinance of man for the lords sake ; whether it be to the king as supreme ; or unto governors , as unto those that are sent by him , by the king. as if he should say , submit your selves to the king , for the lords sake ; and to other governors for the king● sake . for king● have their commission from god ; but all state governors from the king : and iowe them no subjection beyond their commission . if then it shall please the king to give the members of parliament power over us , we must submit either by doing , or suffering . either by doing , what they shall command , or by suffering , what shall be inflicted on us . . subjection is not due to them , as they are great , or rich men ; but as they are the kings ministers . this is evident , because d all commissions breath and expire with the king e upon death of the king follows necessarily the dissolution of parliament . none of us , that are meer subjects , have at such a time power one over another , but onely by advice ; none of us authority , but onely as this or that man hath gained esteem by his wisedome and integritie . onely the preisthood never dyes , because christ ever lives , from whom the preist hath his commission . but all other subordinate powers expect a new commission from the succeeding prince . this experience taught us upon the death of queen elizabeth . . though this be truth , yet no truth can charge us , that f we claime exemption from secular power . you see , we acknowledge our selves subject to the king , as also to those ministers , that he sets over us . but as these may not exceed their commissions given by the king ; neither may the king exceed his commission granted him by god. the kings commission is like the preists , g ad aedificationem , non ad destructionem , for upholding the church and service of god ; not for the ruining of either . and the king may not grant a larger commission to his ministers , then himselfe hath received from the king of heaven ▪ his commission is , to be h a nursing father to the church , not a step-father ; to i preserve to her all her rights and dues , to see , that she be provided with necessaries , and to protect her against her profaine and sacrilegious enemies . surely if our soveraigne hath intrusted the parliament with any power over the church and church-men , it is but with some part of that , wherewith god hath enriched him , and no other . . well , k if we be under parliamentary power , it cannot rationally be conceived , to be the meaning of the king so to subject us to the parliament , as to forget , or renounce his hath , by destroying the priviledges of the clergie ( which he hath swo●ne to preserve ) against ( or in dishonour to ) that power to which they are legally subject ▪ how far we are legally subject to this parliament , i know ; and how far we are ▪ or may be under parliamentary power , i have alreadie declared . the power we are legally subject to , is his royall majestie ; and it is not , it cannot be , the meaning of the kings oath , to preserve our priviledges against his own power ▪ or to exempt us from his iurisdiction . let the world judge , whether your , or our priviledges and principles be distructive of legall power . we are bound by canon l faithfully to keepe and observe , ( and as much as in us lieth ) to cause to be observed and kept of others , all and singular laws and statutes made for restoring to the crown of this kingdome , the ancient jurisdiction over the state ecclesiasticall , m against all usvrped and forraign power . marke that ; it is not onely against forraign , but it is against usurped , and all usurped power ▪ shew me , if you can , one such loyall canon or resolution from any presbyteriall assembly . n this jurisdiction ecclesiasticall is by the lawes and statutes restored to the imperiall crown of this realme , and not upon the parliament ; because it is by gods word settled upon the crowne . . o this authority in causes ecclesiasticall was in the godly kings amongst the jews , & christian emperors in the primitive church ; and hath been exercised by the kings of this realme , according to an act of parliament in that behalfe , an. . henr. . c. . according to this statute were the bishops and the rest of the clergie assembled b● king edward vi. and queene elizabeth for composing the articles of religion , which were allowed to be holden and executed within this realme , by the assent and consent of those princes ; and confirmed by the subscription of the arch-bishops & bishops of the upper house , and of the whole clergie in the neather house in their convocation . as is to be seen in the r●tification of those articles . agreeable to the same statute , the arch-bishops , bishops and other of the clergie were summoned & called by k. iames to treat of canons and constitutions ecclesiasticall ; which were by them agreed upon an. dom. . and were by the same king of blessed memorie ratified and confirmed by his letters patents . and i am certaine , that we have subscribed and sworne , p that the kings majestie under god is the onely supreme governor of this realme , and of all other his highnes dominions and countries , as well in all spirituall , or ecclesiasticall things or causes , as temporall . . the substance of your touchie argument is , i hope , satisfied in the eye of every moderate and discreet man. the rest ▪ that follows is but a rhetoricall flourish , or reiteration of what passed before , as if q the kings oath to the clergie could not be consistent with the priviledges of the nation , formerly by him sworn to . as if , without peradventure , there were a former and a latter oath , which i have proved to be most false . and as if we of the clergie were none of the nation . or as if we were bastards , and not legitimate ; slaves , and not free-born subjects . and yet , blessed be god , diverse of our orthodox clergie are as well descended , as any that speake against them , is this , my good brother , to r reverence the preists , and count them holy ? is this the way to invite men of worth , to incorporate themselves into your presbyteriall hierarchie ? surely we are a part of this nation , to whom this promissory oath was made . our rights consisted comfortably many yeers with the priviledges of the people , to the honour of this nation , and to the astonishment of others . with what face then can you say , that the kings oath to the clergie cannot be consistent with the priviledges of the nation ? whereas it is evident , that in three or foure yeers this nation is so weary of the presbyteriall encrochments , that they can no longer possibly endure them . . but by your words it seems , ſ when and while the clergy were a distinct corporation from the laitie , the oath had this sense , viz. that the kings oath to the clergie was consistent with the priviledges of the nation ▪ that must be the sense , if i know what sense is . but the clergie were and are a distinct corporation . in ceasing to be popish , we are not ceased to be preists : neither is that necessary and just exemption , or distinction yet abolisht . if it be , why are you so zealous , to distinguish us and our privileges , from the people and their priviledges ? whereas if we be all one without distinction , our priviledges must needs be the very same ; and so no inconsistencie at all . but of this more fully chap. . . a popish exemption it was for the clergie to be free from the kings commands . but this is abolished , and we readily submit to every ordinance of man ; and wish , that you , and your assembly brethren would learn the same christian obedience . a popish exemption it is for the bishops and their churches to know no governor but the pope . that also is disclaimed , and at the kings coronation it is publickly acknowledged , that the bishops and their churches are under the kings government . the antichristian usurpation is condemned , and true christian subjection justified . the king is the ●nely supreme o vern●r , to him we owe obedience , and to others for him , and under him . and though all antichristian usurpation were abolish●d upon the death of queen mary , yet in all the acts since that time to this present parliament the lords spirituall are distinguished from the lords temporall , the clergy from the laity , and the convoc●tion from the parliament . yea even in these times of confusion , the clergie are doomed by your great masters , to be unfit for lay ▪ or civill imploiment ▪ if there be no such men , then was that sentence sencelesse : & while we are of the same corporation with them , we are as capable of any office of state , as the rest of our fellow-subjects , even to be members of both houses . but this distinction is still on foot ; the kings oath therefore to us is still binding ; especially since our immunities may as well subsist with the priviledges of the commons , as the priviledges of bristoll with the franchizes of london . . indeed you may well twit us with the change of our condition ; for we have just cause with bishop latymer to complain , that z there is a plain intent to make the clergie slavery : which was far from the intention of this oath , till your faction prevailed in the change . but what inconvenience will follow , if we confesse , that the intention of the oath was changed , with the change of our condition ? not that , which you aime at . for therein , and so far forth onely is the intention of the oath changed , as our condition is changed . but wherein is our condition changed ? a church we are still ; bishops and preists we are still ; onely our condition is thus far changed ▪ before we were subject to antichristian usurpation , but now we are altogether for christian allegiance . before our bishops and preists were subject to the pope ; but we submit wholly to the king. and i hope , we shall not fare the worse for that . the kings oath is , to protect the church , as it is , not as it was ; not as she was popish and superstitious , but as she is catholick and apostolike . then she was subject to the pope , and free from the king , but now she is subject to the king , and free from the pope . but you would faine enforce us to our old vomit ; for we cannot but discern , that a far more intollerable tyranny is drawing on , by how much the more dangerous it is to be subject to a multitude , then to one ; to a multitude at home , then to one abroad : both of them being equally destructive to the liberty of the church , and alike contrary to the word of god. . besides , the change of our condition is either for the better or the worse . if for the worse , this is to maintain popery . he that saith our condition is changed for the worse , justifies , that it is better for us to be subject to the pope , then to the king. if for the better , then must the intention of the oath be changed for the better . for are not these your words , that the change of the clergies condition must needs change the intention of the oath ? without question the intention of the oath was to protect all his subjects in their severall places , dignities , add degrees ; and not to suffer them to oppresse or devoure one another , to see justice done for them and upon them , according to the laws established ; and not to yeeld to any law , that may be distructive to the rights or liberties of any of his subjects . . the intention of the oath is , to maintain the ancient , legall , and just rights of the church ; and to preserve unto the bishops due law and justice . we desire no more , and no man may with reason deny this , to be the intention of the oath . the the words are plaine : sir , will you grant , and keep , and by your oath confirme the laws , customs , and franchizes granted to the clergie by the glorious king s. edward ▪ your predecessor , &c. and again ; our lord and king , we beseech you to pardon and grant , and preserve unto us , and to the churches committed to your charge , all canonicall priviledges , and due law and justice . all this the king hath sworne to performe ; and hath acknowledged , that by right he ought to do it . and would you have him to be forsworne , and to neglect that , which by right he ought to make good ? surely you would make an excellent ghostly father for the man of sin . . neither is this the peculiar opinion of us church-men onely ; that great oracle of the law resolves , that a the king is bound to maintain and defend the rights and inheritance of the church . and he gives two reasons for it ; first , because the church is alwaies in her minoritie , it is under age : seconly , she is in wardship to our lord the king. and then he addes , b nec est juri consonum , quod infra aetatem existentes , per negligentiam custodum svorum exhaeredationem patiantur , seu ab actione repellantur : neither is it consonant to the law ( nor yet to conscience ) , that those who are under age , should either be spoiled of their inheritance , or barred from action at law , through the negligence of their guardians . especially kings being by divine ordinance made guardians and nursing fathers to the church . es . . . . you see , we have divine and humane law for what we say , we claime no c priviledges long since by act of parliament abolisht . we desire not his majestie to contradict , but to ratifie bis oath , and to maintain those laws he found in force . but as for you , all your endeavour is to perswade the laity , that our weale is their woe , and that the upholding of the clergie in their due and ancient state , would be certain ruine to the commons . as if our priviledges were like d pharaohs lean kine , ready to devoure the fat of the laity : as if our aime were to reduce antichristian usurpation , & to subvert the ancient laws . whereas every man may readily discern , that these are but pretences . the true end aimed at in these invectives and incentives , is that the caninus appetitus the wilde ravenous stomachs of m. geree and his fellow presbyterians may be satisfied . but at seven yeers end they will be as lank and hungrie as pharaohs famished kine . it was so with king henry viii : and it will be so with all , that tread in his steps . . e it s apparent then to make the intention of that oath to be false and fallacious , and under pretence , that it may not be against legall alteration , so to wrest it , that it may be to the ruine of a great body of his subjects , and those not the worst ; that it shall be against all law and conscience , ( for f that law , which is unjust is no law ) : that it shall be to the subversion of the true religion and service of god , to the distraction of his people , and to the eternall dishonor of himself and the whole kingdome , makes his oath in your sense utterly unlawfull . and if unlawfull , then is it not obligatory either in foro conscienciae , or in foro justitiae , either before god , or any good man ; unlesse it be to do the contrary . but if this oath in the true and literall sense be not against legall alteration , but against unjust oppression , sacriledge , and profanenesse , manifest it is , that it is both lawfull and obligatory ; and the king may not , without violation of his oath , and certain danger of the pure and undefiled religion , passe a bill for the abolition of episcopacy , what ever his houses of parliament think , or petition , or presse never so violently . . but your opinion is , that the king may passe a bill , for the abolition of episcopacy . and what i thinke , or what the king thinks ; it is no matter if his houses of parliament think it convenient , he may do it . it is wonder , you had not said , he must do it . indeed you say that , which is equivalent ; for are not these your words ; g he cannot now deny consent ( to their abolition ) without sin ? and if the king without sin cannot deny it , then must he assent unto it . thus by your words it seemes , he is at their disposing , not they at his . indeed , if a man may beleeve you , the power is in the houses , and not in the king. for do not you say , that h the peers and commons in parliament have power , with the consent of the king , to alter whatsoever , &c. and againe ; i there 's no question of power in the parliament to over-rule it . the power , it seemes , is in them , consent onely in the king. and here , the king may passe a bill , when his houses think it convenient . well , he may , and he may choose ; he may consent , or dissent . k cujus enim est consentire , ejus est & dissentire . and so long we are well enough . for the kings negative in parliament is a full testimony of his supreme power . hence is it , that the houses petition for his consent , which they need not do , if the power were in the houses . besides , his houses , the kings houses , you call them ; and so they are . this also manifests , that they are at his disposing , and not he at theirs . they must therfore wait his pleasure , til he thinks it convenient . his consent they may petition for , enforce they ought not , since they are his subjects ; enforce it they cannot , since l he hath power over his own will. and whatever you suppose , it is in his power to consent , or dissent , when he sees it convenient ; and consequently to keep , or not to keep his oath . his affirmative makes it a law ; his negative denys it to be a law. for m the king is the onely judge , whether the bills agreed upon , and presented , be for the publick good , or no : and to take away the kings negative voice , is contrary to your covenant ; it diminisheth the kings just power and greatnesse ; and cuts off all regall power . witnesse the declaration of the kingdome of scotland . p. . chap. x. whether it be lawfull for the king , to abrogate the rights of the clergie . . the question proposed is concerning episcopacy ; but now you are fallen to the rights of the clergie . as if this were a sound and unanswerable argument , it is lawfull for the king to abrogate the rights of the clergy : ergo , it is lawfull for him to abrogate episcopacy . it is for all the world , as if one should say , it is lawfull for the king to take away the rights of lawyers ; ergo , he may also take away judicature . yet all men would say , that this were flat tyrannie ; since without judicature no man can compasse , or enjoy his own with peace . . but i shall return your argument so upon you , as shall concern you more neerly . it is lawfull for the king to abrogate the rights of the clergie : it is therefore lawfull for him to abrogate presbytery . how like you this ? is it not your own argument , changing terme episcopacy into presbytery . ye have strooke out the former & set up the latter in the place of episcopacy . and your scholers , by the same argument , may live to root up thut too , if any lands be annexed to this great diana of geneva . thus you have made a rod to scourge your selves with . . but you will say , that though it be legall for the king , to take away the rights , yet he may not destroy the order . and why so ? because the rights are granted by man , but the order was settled by god : and what god hath ordained , is not lawfull for man to abrogate . i must return you the same answer , since t is sufficiently justified . c. . . that the order of episcopacy is the immediate institution of our b. saviour , and ministeriall root , from whence all orders spring . though then this be n the usuall way of cleering this your assertion , and you o conceive it to be a sound resolution , yet learned men see , that you have said just nothing , unlesse you confesse , that the order of presbyter may likewise be ex●i●pated by royall authority . . but return we to the rights of the clergie , and take notice upon what grounds you suppose it lawfull for the king to abrogate those rights , which he hath vowed so solemnly to maintain . p the king ( say you ) is sworne to maintaine the laws of the land in force at his coronation . yet it is not unlawfull for him after to abrogate any of them , upon the motion , or with the consent of his parliament . i am glad that you acknowledge it to be the kings prerogative , to maintaine the laws of the land ; and that it is not unlawfull for him , to abrogate any of them with the consent of his parliament . if he be bound by oath , either he hath power to maintain these laws , or not . if he hath not power , it is a senselesse oath . if he hath power , where is it ? what is become of it ? hath he resigned it ? we know the contrary . hath he forfeited it ? to whom ? to his subjects ? he can no more forfeit his regall power to his subjects , then a father the right of fatherhood to his children . he is no more a king upon condition , then a father is a father upon condition . his power he hath not from the people , but from god. q per me reges regnant , by me kings reign , saith god. and , i hope , god speaks no untruth . his substitute the king is , for r he sits on gods ( not on the peoples ) throne ; and ſ king he is for the lord , in his stead . . if you object misdemeanours , or bearing armes against his parliament ; your self say , that t he is sworne to maintain the laws of the land. the laws , liberties , and properties were all at stake , they were trampled upon by his faithlesse , but potent subjects . this enforced him to take up u that sword , which he ought not to beare in vaine , but to x execute wrath as the minister of god , upon them that do evill ; upon such , as plunder his good subjects , and turn them out of house and home . for y the king is made by god the supreme governor , for the punishment of evill doers , as also for the praise of those , that do well . but suppose the king were a tyrant , as bad as bad may be , yet z we ought from our hearts to give him all due honour ; so beza ; and not to rob him of his just power . if he sin a it is against god onely ; and to him onely he must account ; not to his subjects . . well , bound he is by oath , b to maintain the laws , while they are laws . as yet then the rights of the church are safe , and the king is bound to maintain them . but how long are these laws in force ? c till they are abrogated by just power in a regular way . they are your own words , and we subscribe them . but the just power is in his majestie , by your own confession , both d to maintain , and to abrogate laws . and the regular way , say you , is at the motion , or with the consent of his parliament . but with all our loyall predecessors we say , at the petition , or humble suit [ not at the motion ] of his parliament . and his it is , his they are all , though members of parliament , since the parliament is his. they are not then a parliament of themselves , at their own choice , or disposing , nor yet without him . his they are ; i am sure , they should be so ; i would to god they were so . * the king is the fountain of honour and power within his own dominions . and e who may say unto him , what doest thou ? why doest thou honour this man , and not that ? why doest thou call a parliament at this time , and not at that ? f impius est , qui regi dixerit , inique agis : he is impious , that saith unto the king , thou dealest unjustly , or unequally . so the fathers read that place . no obbraiding , no controulling of a king ; g he can do no wrong . so the law. . his , the kings , they are , when they are met , and set in parliament , h his great councell , magnum concilium regis ; i his houses , k his parliament . and l therefore called so , that they may parlar la ment , speak their minds freely for the generall good . him they may entreat , not controul ; advise , not command ; perswade , not enforce . suppose , the king grants them power and authoritie , he grants them none either over , or against himself : this he cannot do . this were to set the members above the head , and to make his subjects superior to himself . this were to despoil himself of the power of the sword. but this he may not do , since m god hath made him supreme , and n given him the charge of the sword. and his majestie may not invert that order , which god hath set ; neither may he repeal gods ordinance , or make it void . god hath laid the charge upon him , and he cannot with a safe conscience decline it , or neglect it . . observe , i beseech you : o though pharaoh set joseph over his house , and over his people to rule and arm them at his pleasure : though joseph were so p made ruler over all the land of egypt , yet without him no man might lift up his hand or foot , within that land ; yet joseph is not king . q pharaoh keeps his throne ; and therein is he greater then joseph , who still is but pharaohs deputy , though r lord of all egypt . and though he be ſ a father to pharaoh , yet t is he still at his command . thus is it with the parliament of england ; though they are put in highest trust by the king , yet are they still at his disposing , either u to be adjourned , prorogued , or dissolved at his pleasure ; and are at his command in all things lawfull and honest . to this great councell we are no further to submit , then in those things they are sent for by the king , and so far forth as they have commission from him . s. peter saies the same . x submit your selves unto the king as supreme , or unto governors as unto them , that are sent by him , by the king. so far forth , and in such things , for which they are sent , i owe them obedience ; but no further . . how far forth the king is sworn to maintain the laws of the land , and upon what grounds they may safely be repealed , we have alreadie seen . now we are called upon to descend to the rights of the clergie ; whereof your resolution is this , by way of consequence . y so the king by his oath is bound to maintain the rights of the clergie , while they continue such . but , blessed be god , such they do continue : the king therefore by oath is bound to maintain them . . z but ( say you ) if any of their rights be abrogated by just power , he stands no longer ingaged to that particular . why , i beseech you , do you leave out something here , that you held necessary for the abrogation of the laws of the land. before it was , that the laws might be abrogated by just power in a regular way . but here you grant , that the rights of the clergie may be abrogated by just power . but what 's become of the regular way ? was it forgotten ? or left out on set purpose ? surely there is a my fiery in it ; for your argument ought to procede thus : by what means the laws of the land may be abrogated , by the same means may the rights of the clergie be abrogated . but the laws of the land may be abrogated by just power in a regular way . ergo , the rights of the clergie may be abrogated by just power in a regular way . thus the syllogisme stands fair for the form ; and the major or minor proposition must be denied by the respondent : otherwise he is at a non-plus , and convinced . but your conclusion is , so , or , ergo , the rights of the clergie may be abrogated by just power . but this so is faultie ; and so is the syllogisme ; because the minor terminus is maimed in the conclusion ; it comes not in whole , as it should do . the reason why , is plain ; because you are not able to set down a regular way , wherein , or whereby those rights , you aim at , may be abolished . . and what wonder , that you can finde no regular way for the clergie and their rights , since you have put them clean out of the regular , the right way . and when ye will find the regular way , god knows ; for , plain it is , that ye are out of the way . ye wander this way , and that way , like men in a maze , or mis-led by an ignis fatuus , by jack in a lantern . no rule at all you have to be guided by but onely this , that the book of common prayers must down , and episcopacy shall not stand . so farewell heavenly devotion , and all true faith ; and farewell church . if this be not to be possessed with the spirit of giddinesse , and impietie , i know not what is . . but , i pray you , give me leave , before i passe further , to tell you , that just power goes alwayes in a regular way . and when it leaveth that way , it ceaseth to be just ; unlesse inforced by such necessitie , as cannot be provided for in a regular way . that power onely is just , which doth nothing wittingly but what is just ; and distributes to every man and societie their severall dues . if it do otherwise , we cannot call it just , unlesse we desire to incur that sentence of the almighty , a he that saith unto the wicked , thou art righteous , him shall the people curse , nations shall abhor him . . well , be it just , or unjust , be it never so much cursed at home , or abhorred abroad , you are resolved to justifie the abrogation of the rights of the clergie . what ? a clergie-man , and a preacher of the word of god , and altogether for ruine and destruction ? surely you are not a preacher of that word , which s. paul taught ; for he professeth , that b authoritie is given to men of our calling , not for destruction , but for edification . shew me one preacher in the word of god , besides corah and his confederates , that ever spake , or wrot any thing against the rights of the clergie . you cannot possibly , unlesse you bring in judas with his c ad quid , finding fault , with that cost , which was bestowed upon our saviours person . indeed no man so fit for your turn ; d he robbed and betrayed the head , and you the body . but you know , what censure is passed upon him for it ; e this he said , because he was a theife , and did carrie the bag . he did , and you would . it is private , not publick interest , that stirres up ambitious and greedy spirits against christ and his vicegerents . i can shew you f s. paul magnifying his office , and g justifying the priviledges therof . but you are none of s. pauls followers ; demetrius and alexander , silver-smiths and copper-smiths , are your good masters , and with them i leave you . . but what are these rights that you are so eagar to have abrogated ? every subject in his severall place and degree hath right to his lands , to his goods , to his liberties and privileges : and so hath every clergie-man ; unlesse we of the clergie be no longer subjects , but slaves . would you have all these , or onely some of these abolished ? a question it was at first , but now i see , what they are . first , h episcopacy . ly , i the clergies priviledges , & immunities . ly , the k bishops ecclesiasticall , or sole jurisdiction in so large a circuit . ly , l the bishops great revenues . thus the rights of the clergie , are precisely inventoried , that so neither root nor branch may scape their fingers . episcopacy we have already taken into consideration ; now let us take a survey of the rest . . but first let us observe the course , you propose , to strip us of these rights . your method is subtil , and your expressions at first view seeme moderate : you put us in equall balance with the rest of our fellow-subjects . thus you argue ; m it is not unlawfull to abrogate any of the laws of the land : it is not therefore unlawfull to abrogate any of the rights of the clergie . thus far your argument seemes to proceed fairely . but how comes it to passe , that out of this any of the kingdome , you conclude against all the rights of the clergie ? for what have the clergie besides their orders , priviledges , and immunities ; besides their jurisdiction and revenues ? and yet all , all these you expose to the mercie of a parliament . but , in good sooth , do you think , that if it be lawfull for a parliament to alter or abolish any particular laws of the land , that therefore it is lawfull to take away all , that the clergie have , or should have ? indeed this is something answerable to the proceedings of these times . it would sound very harsh , if it were thus resolved ; it is lawfull for king and parliament to abrogate any of the laws of the land : it is therefore lawfull for them to abolish all the laws of the land. and yet this is your manner of arguing . as if a particular included the generall ; as if any were equivalent to all . which is apparently false ; for universals are of a far larger extent then these individua vaga , uncertain notions . though all comprehend any , yet any comprehends not all . for lawfull it is not to subvert the fundamentall laws ; therefore not all . this were to raze the foundation of the kingdome . were this justified of any particular corporation , or body politick , besides the clergie , it would not be indured . oh , how would the citizens of london storme , if we should conclude thus ; it is lawfull to take away any of the laws of the land ; and therefore it is lawfull to take away all the rights of the city of london . yet let wise men judge , if this be not your argument right . but the clergie is become the asse of the times ; it must bear all , or sink under the burden . . but you say , that this is to be done n by just power in a regular way . well and good . but can that be a just power , which deals unjustly ? for o justice gives to every man his own ; according to gods command , p render to every man his due . the law of god we confesse to be the supreme law ? whatever then is done against the law of god , cannot be just . yea though it be done by a law , no act can justifie it ; since a law contrary to gods word , is no sooner made , then void . i speak to christians . but with you r the law shall be valid , though injurious . to the injuriousnesse of this law i shall submit , because a subject ; but never acknowledge any validitie therein , because a christian . . by a just power , we see , this cannot be done ; how then shall it be done in a regular way ? a regular way , as you conceive you have set down ; wherein any law of the land may be abrogated . and that is , ſ upon the motion , or with the consent of the parliament . how comes this to passe ? because the parliament consists of the head , and the representative body of the whole kingdome . and who are these ? first t the king , who is the head . ly , the lords spirituall and temporall : and ly , the commons . but the parliament is maimed of late . u . the house of commons represents the greivances of the countrey . . the house of lords advise his majestie with their counsell , and propose for the common good , what they conceive meet . . x it is in the kings power to assent to these proposals , or to disassent , to make them statutes , or no statutes . and that the crown may receive no detriment , the king hath the judges of the land , his councell , and other officers of state present , to prevent such mischiefes . the lords take care of their lands and honors , that they be not damnified by any new law. the knights and burgesses by the severall counties and corporations , are intrusted with such things , as concern their generall or particular good . and all are to take care for the good of the church , the common mother of us al. in these things every man doth , or ought to provide , that all things be so done for the common good , that ( if it be possible ) nothing be done to the prejudice of any . . and reason for it : for as y by one spirit we are all baptised into one body spirituall , or mysticall , so by the goodnesse of god we all are under one king incorporated into one body politick . z but the body is not one member , but many . indeed a if it were all one member , where were the body ? and god hath so tempered this body together , that b every member hath need one of another ; and c those , which seem to be most feeble , are necessary . all this was done by the great wisedome of god , d that there might be no divisions , or distractions , in the body : but that the members should have the same care one for another . thus god hath knit us together with the bonds of a mitie and necessity , that we might love one another sincerely . but charity is so farre from doing wrong , that e she seeketh not her own . which is thus to be understood , according to s. austins expression , f quia communia propriis , non propria communibus anteponit : because charity prefers the common good before her own private interest , and not her own private interest before the common good . where this love is , ther 's the common-wealth . but what state is that kingdom in , where they that are intrusted by the publick , seeke their own , and indeavour with might and maine , to make that theirs , which is none of theirs ? where under pretence of the common good , they ingrosse all into their own clutches ? is not this the crying sinne , the grand monopolie of these times ? . the regular way to abrogate any of the rights of the clergie , or laity , is at their own motion , or consent , made and delivered by their representatives in parliament , or convocation . henry viii , with cromwell , and the rest of his blessed councel , after banishment of the popes power , knew not which way to make a title to monasteries with their lands and goods , but onely by grant and surrender of the abbots . with them therefore he labours by his great and active servant cromwell ; who prevailes with some by promises and large annuities ; with other by violence and the sword : as is manifested by master spelman , in the preface to his ever honoured fathers book de non temerandis ecclesiis . the statute therefore . hen. viii . c. . tells us , that these grants surrenders , &c. were made freely , voluntarily , and without compulsion , to the king , his heires and successors . what ever the truth be , this was the onely legall pretence they could devise . and this is the onely course you can take , to make a plea in law to the church-lands . you are faine therefore at last to perswade the clergies consent , p. . but of that in due place . . in the mean space thus much by the way . either we are subjects , or no subjects ; if we are subjects , then ought we to have the liberties and priviledges of subjects ; whereof this is one , that not so much as a subsidie , or a little ship-mony be taken from any one of us , without our assent yeelded either by ourselves , or by such as we put in trust . and this present parliament hath often protested before god and the world , that the rights and liberties of subjects they do and will defend with their lives and fortunes . why then are our rights and liberties so strook at , and exposed to contempt and sale ? are we no subjects ? surely we were borne so . how then did we forfeit g our birth-right ? by taking orders ? then is it better to be mr. gerees groom , then himself . and , it may be , this is the reason , why so many step up into the pulpit without orders , lest perchance they lose their birth-right . . it may be , you will say , that we were not born priests or clergie-men . you say right ; neither is any man born a lawyer , a goldsmith , or a draper . and yet when any of our brethren undertake these professions , they enjoy the rights and liberties , they were born to , with some additions . and why not we ? and yet we poore clergie-men are the onely free-born subjects , that are out-lawed , as it were , and cast forth as dung upon the face of the earth . surely it is better to be a parliamentarians foot-boy , then h a steward of the mysteries of christ . and yet such we are . little do these men consider , that all subjects are born alike capable of these rights , if so they be fit to take orders . the wrong therefore is done alike to all free-born subjects ; perchance to mr. speakers grandchild . since then i the kings oath ( as you confesse ) is against acting or suffering a tyrannous invasion on laws and rights ; it must necessarily follow , that as he may not act , so he may not suffer any such tyranny to be used . hitherto he hath withstood these temptations : and god , i hope , will ever deliver him from them , and from the hands of his enemies . even so amen , lord jesu . chap. xi . whether the clergie and laitie be two distinct bodies , or one body politick . that church-men in all ages had some singular priviledges allowed them . . that with some colour you may perswade the people , that it is lawfull not onely to clip the wings , but to pick the carkasse , and to grate the very bones of the clergie , you tell them , that k this oath was so framed , when the clergie of england was a distinct society or corporation from the people of england . when was this oath , i beseech you , framed ? you should have done well to have pointed out the time ; and not tell us , that l this distinction is a branch of popery . but this is the fashion of such , as you are , when you intend to disgrace , alter , or destroy any thing , that concerns the church , then presently 't is popery . thus you cast a mist before the peoples eyes , that loath popery ; and yet know not , what popery is . . but this his majesties oath is grounded upon the word of god , who hath made promise to his church , spread among the gentiles , that m kings shall be her nursing fathers , and queens her nursing mothers . when therefore christian kings are inthroned , they take a most solemn oath , not onely to administer true justice to the people , but that they will also maintain the rights and priviledges of the church and clergie , as by right they ought to do . the reason is , because there are so many envious & mischievous eyes upon the church : because n the edomites and ishmaelites , the moabites and hagarens , have cast their heads together with one consent , and conspired to take her houses and lands into possession . gods word prevails with few ; the kings sword therefore must stand between the church , and such sacrilegious spirits . . if they fail in this duty , then o will the lord enter into judgement with the ancients of the people , and the princes thereof . what , for this cause ? yes , for this very cause : p for ye have eaten up the vineyard ; the spoil of the poore is in your houses . is this any thing to the church ? yes marrie is it , the geneva note tels you so . q meaning ( saith the note ) that the rulers and governors had destroyed his church , and not preserved it according to their duty . those , who are guilty of this mischief , let them beware : his majesties comfort is , that he hath withstood these impious designes according to his duty . for r whosoever shall gather himself in thee , against thee , shall fall . ſ meaning the domesticall enemies of the church , as are the hypocrites . dear brother , take heed to your feet , and remember , that t it is a dreadfull thing to fall into the hands of the everliving god. but view we your reason . . u the clergie and laitie ( say you ) were distinct bodies ; but this distinction is taken away , and laity and clergie are now one body politick . one body politick ? are we so ? whence is it then , that the bishops are thrust out of the house of peers ; and that none of us may vote , or sit in the house of commons ? are we of the same body ; and yet have no priviledges with the body ? in at subjection , out at immunities ? in at taxes , out at privileges ? this is one of those even ordinances , which your blessed covenant hath hatched . of the same body we are , under the same power , subject to the same laws , and yet not capable of the same privileges . is this equalitie ? scoggins doal right , some all , and some never a whit . . neither do we say , that we are a severall or distinct body ; but we are a severall state , or corporation in the same body . one body , but severall members in and of the same body . in ecclesiasticall persons of this kingdom are commonly three qualities or conditions : one is naturall , the other two are accidentall . . englishmen and denisons of this kingdom we are by birth : . vniversitie men by matriculation and education : and . clergie men by ordination . by the first we have an interest in the privileges of the kingdom . by the second we have an interest in the immunities of the universitie . by the third we have an interest in the rights of the church . the later privileges do not annihilate that right or claim , which we have by birth . neither cease we to be the kings subjects , because clergie men . in taking orders we put not off allegeance ; we rather confirm and inlarge it . for x a shame it is for us to teach others , what we do not our selves . and our duty it is , to y put every man in minde to be subject to principalities and powers , and to obey magistrates . . that there are severall relations in us of the clergie , and that we have severall privileges by these relations , will appear evidently in s. paul , who was z an israelite by blood , a a roman by freedom , but b an apostle by ordination . by his orders he lost none of his former privileges , but c acquired new , whereto he had no right as israelite , or romane . yet , as occasion serves , he stands upon his privileges as a romane ; and both d the centurion and the commander in chief were afraid to offend against that law , or privilege . but we with bl●shlesse foreheads trample upon gods laws , and the privileges of his nearest servants . but though s. paul stand upon his privileges , and e magnifie his office , yet f he acknowledgeth himself to be cesars subject , and that at his tribunall he ought to be judged . . our saviour himself had severall relations : g he was the son of david , and the lord of david ; the son of david , according to his humanitie ; but the lord of david , in his deitie . as lord of all , he receives tithes and sacrifices ; h as a subject he payes tribute to cesar : and when an arraigned person , i he acknowledgeth judge pilate to have power against him . besides this , he is a king , a priest , and a prophet : a king , to command ; a priest , to offer sacrifice ; and a prophet , to foretell , what he sees meet . nay there is hardly a citizen of london , but hath a treble relation to severall privileges : . to the generall rights as he is a free denison of this nation ; . to others , as he is citizen of london ; and to a third sort , as he is free of this or that company . and shall the meanest freeman enjoy his severall rights , when the ministers and stewards of god are cut out of all . are we dealt with as the dispensers of gods high and saving mysteries ? nay , are we so well dealt with as the lowest members of this nation ? is not this the way to lead in jeroboams priests ; to fill the pulpits with the scum of the people , and to bring the priesthood into utter contempt ? o all ye , that passe by the way , behold , and consider , if ever the like shame befell any nationall church , that is threatened to ours , at this day . but k thus it comes to passe , when there is no king in the israel of god. . if this distinction between clergie and laity be a branch of popery , how comes it to passe , that those great reformers , and zealous enemies to popery , suffered the clergie to continue a distinct province of themselves ; and that they did not with popery quite extinguish this distinction ? why doth q. elizabeth call them l a great state of this kingdome , if they be no state at all ? why did king edward vi. that vertuous lady queene elizabeth , and wise king iames , summon the bishops to convene in convocation as a distinct society ; and to vote in the house of peers as lords spirituall ; plainly by title distinguished from the lords temporall ? m vndoubtedly ( say you ) all priviledges of the clergie , that are ( or were ) contrariant to the laws of the land , were abolisht in the reign of henry the eight . they were so . it follows therefore undoubtedly , that these priviledges , which were continued through so many princes raigns that were enemies to popery , were neither popish nor contrariant to the laws of the land. and yet some of those times were not over favourable to the clergie . . that we are a distinct society , or corporation from the people is evident ; by the coronation oath , by magna charta , by severall acts of parliament , and by scripture itself . the coronation oath observes the distinction of clergie and people ; and assures us , that they shall be distinctly preserved . magna charta does the like : and the acts of parliament distinguish the kings subjects into clergie and laity , allotting to each their severall priviledges ; allowing the people to take many courses , which the clergie may not . this distinction is approved by scripture , where n the lord takes the levites from among the children of israel . s. paul assures us , that o every high preist is taken from among men. and the scholiast tels us ▪ that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is there taken for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if the apostle had said , he is set apart from men , from the common people . this exemption or distinction , which you are pleased to call q a branch of popery , or r of antichristian usurpation , is here justified by gods owne word . and josephus that was well skilled in moses writings , and judaicall antiquities , testifies , that ſ moses did seperate the tribe of levi from the communitie of the people . he might have said , that god himself did it ; for the text saith plainly , that t the lord seperated the tribe of levi to beare the arke of the covenant , to stand before the lord , to administer unto him , and to blesse in his name . from that time forward u they were not numbred amongst the rest of the people ; x the lords they were : and y the rest of the tribes were strangers to their office . z the very light of nature taught the heathen to distinguish between preist and people ; and to allow them distinct priviledges . and the light of scripture taught christians to do the like : hence is it , that not onely in the canons of the church , but also in the imperiall constitutions this distinction between the clergie and laity is most frequent and familiar . otherwise what strange confusion must necessarily have overspread the face of the church , if this distinction had not been religiously preserved ? what diverse would not see , these times have enforced us to feele . . and yet for all this , we say not , that a we are exempt from secular power ; neither set we up two supremacies . this will prove to be your popish or anarchicall doctrine ; yours , i say , that would so fain cast this aspersion upon us . for do not you tell us , that b ther 's a supremacie in the king , and a supremacie in the parliament ? are not here two supremacies set up by you ; that so you may make the parliament law-lesse , and subject to no power ? we detest and have abjured the popes supremacie ; and not onely that , but all other supremacies , besides the kings , within these his majesties dominions and countries . for we have sworne , that king charles is the onely supreme governor of all his realms , over all persons in all causes . but you induce the peoples supremacie . wheras we know no coordination but a subordination of all persons severally and jointly to his majestie , and to his majestie onely , within all his dominions . . we protest before god and the world , sincerely and from the heart , that the king is major singulis , & major universis , greater then any , and greater then all the members of his dominions , whether in , or out of parliament : and that he is c homo a deo secundus , & solo deo minor , second to god , and lesse then god onely . to this our best lawyers bear testimonie , even that d the king is superior to all , and inferior to none . and our e acts of parliament say the same . thus much in substance we have sworne ; and we unfainedly beleeve , that all the world cannot absolve us of this oath . as therefore we hitherto have done , so shall we still , by gods grace , bear faith , and true allegiance to his majestie , his heirs and successors , though it be to the hazard of our liberty , of our estates , and lives . yea we acknowledge our selves obliged to the laws of the land in all those things , which concern the right and peaceable administration of the state. to the king we pay first fruits and tenths : which lay impropriators are seldome charged with . to the king we grant and pay subsidies after an higher rate , then any of the laity , by many degrees . where then are the two supremacies , which we erect ? . 't is true indeed , that f for deciding of controversies , and for distribution of justice within this realm , there be two distinct jurisdictions , the one ecclesiasticall , limited to certain spirituall and particular cases . the court , wherin these causes are handled , is called forum ecclesiasticum , the ecclesiasticall court. the other is secular and generall ; for that it is guided by the common and generall law of the realme . now this is a maxime , affirmed by the master of the law , that g the law doth appoint every thing to be done by those , unto whose office it properly appertaineth . but h unto the ecclesiasticall court diverse causes are committed jure apostolico , by the apostolicall law. such are those , that are commended by s. paul to timothy the bishop of the ephesians , and to titus the bishop of the cretians . first , to i receive an accusation against a presbyter , and the manner how . ly , to k rebuke him , if occasion require . ly . l if any presbyter preach unsound doctrine , the bishop is to withdraw himself from him , m that is to excommunicate him . ly , n in the same manner he is to use blasphemers , disobedient and unholy persons , false accusers , trucebreakers , traitors , and the like . ly , o the bishop is to reject , p that is , to excommunicate , all hereticks after the first and second admonition . . q these things the ordinary ( or bishop ) ought to do de droit , of right ( as sir edward coke speaks ) that is to say , he ought to do it by the ecclesiasticall law in the right of his office . these censures belong not to secular courts ; they are derived from our saviours preistly power , aud may not be denounced by any , that is not a preist at least . and , r a maxime it is of the common law , ( saith that famous lawyer ) that where the right is spirituall , and the remedy therefore onely by the ecclesiasticall law , the c●nusans thereof doth appertain to the ecclesiasticall court. but ſ a bihop is regularly the kings immediate officer to the kings court of justice in causes ecclesiasticall . therefore not a company of presbyters : no rule for that . and this is it that wrings and vexes you so sorely . for your a me is t to share the bishops lands and jurisdiction among you of the presbyteriall faction . this your vast covetousnesse & ambition have of late cost the church full deere , and have been a maine cause of these divisions and combustions . by these means you have made a forcible entrie upon nabaoths vineyard . it were well ahab and jezabel would beware in time . however , wise men consider , that every one , that steps up to the bar is not fit to be a judge ; nor every one , that layes about him in the pulpit , meet to be a bishop . . besides , in those epistles this power is committed to single governors , to timothy alone , and to titus alone . but timothy and titus were bishops strictly and properly so called ; that is , they were of an higher order then presbyters , even of the same with the apostles . hence is that of s. cyprian , u ecclesia super episcopos constituitur , & omnis actus ecclesiae per eosdem praepositos gubernatur . the church is settled upon bishops , and every act of the church is ruled by the same governors . by bishops , not by presbyters . now the word of god is , norma sui , & obliqui , the rule , whereby we must be regulated : from which if we depart , we fall foule , or runne awry . since then the church is settled upon bishops , it is not safe for any king or state to displace them , lest they unsettle themselves and their posterity . they that have endeavoured to set the church upon presbyters , x have incurred such dangers , as they wot not of . for if we beleive s. cyprian , they offend god , they are unmindfull of the gospel ; they affront the perpetuall practise of the church ; they neglect the judgment to come ; and endanger the souls of their brethren , whom christ dyed for . neither is this the opinion of s. cyprian onely ; ignatius speaks as much ; y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as many as are christs , cleave fast to the bishop . but these that forsake him , and hold communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with the accursed , shall be cut off with them . this is ignatius genuine resolution , attested by vedel●us from geneva : and if true ; a most dreadfull sentence for those , that endeavour the extirpation of episcopacy . . as for the priviledges of the clergie , which you are so earnest to ruinate , i shall manifest , that they have footing in the law of nature , in the law of moses , and in the gospel . in the law of nature . z abraham give tithes to the preist of the most high god , a the preists in egypt had lands belonging to them , as also portions of the kings free bountie . and the same law of nature taught pharoah and joseph b not to alienate either the preists lands , or other their maintenance in time of extremest famine . by the light of nature c a●taxerxes king of perfia decreed , that it should not be lawfull for any man to lay toll , tribute , or custome upon any preist , levite , singer , porter , or other minister of the house of god. and d king alexander sonne of antiochus epiphanes made jonathan the high preist a duke , and governor of a province . e he commanded him also to be clothed in purple ; and f caused him to sit by , or with , his own royall person . g he sent also to the same high preist a buckle or collar of gold , to weare ; even such as were in use with the princes of the blood . and h by proclamation he commanded that no man should molest the high preist , or prefer complaint against him . and can it be denied , that i melchisedec , preist of the most high god , was king of salem , and made so by god himself ? . in the law , k the lord made aaron more honourable , and gave him an heritage . he divided unto him the first fruits of the increase ; and to him especially he appointed bread in abundance . l for him he ordained glorious and beautifull garments . m he beautified aaron with comely ornaments , and clothed him with a robe of glory . n upon his head he set a miter , and o a crown of pure gold upon the miter , wherein was ingraved holinesse ; and this , if i mistake not , is p that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which philo tels us , was set upon the preists head , and is the cheife ornament of the eastern kings . the reason , he gives for it , is this ; because q while the preist is discharging his dutie he is more eminent then any person whatsoever , even then kings . but i rather conceive , it was because at that time he represented , or prefigured the royall preisthood of our saviour . . for the gospel , we have prophecies , in what state and honor preists ought to be had among christians . witnesse that evangelicall prophet , whose words are these , r ye shall be named the preists of the lord ( as they are at this day ) : men shall call you the ministers of our god. ye shall eat the riches of the gentiles , and ye shall be exalted with their glory . this is one ▪ the other shall be from that royall psalmist ; t in stead of thy fathers thou shalt have children , whom thou mayest make princes in all lands . do not you go about to make the word of god a lye , while you endeavour to dis-inherit the clergie of these privileges and honors ? but u god shall be true , he shall be justified in his sayings ; and every man shall be a liar . behold , how these prophecies were fulfilled under the gospēl . when our saviour sent forth his apostles and disciples to preach the gospel , and to dispense his heavenly mysteries , he daines them with this honour , to rank them for usage with himself ; x he that despiseth you , despiseth me ; and he that receiveth you , receiveth me . to intimate to all christians , that they ought to use his messengers , as they would christ in his own person . for whether well , or ill , he will take it as done to himself . hence is it , that y the galathians received s. paul as an angel of god , even as christ jesus . yea z they were ready to pull out their own eyes , to do him a pleasure . and a when this apostle came to melita , he , and those that attended him , were courteously entertained , honoured they were with many honors , and enriched with gifts , by the prince of that island , and his people . . some , it may be , may conceive , that these were but personall honors ; and that they belong to them onely , whom christ immediately ordained . but the scripture will teach us a better lesson . for doth not our saviour say , b he that receiveth whomsoever i send , receiveth me ? now we know , that our saviour sendeth not onely by himself , but by those also , to whom he hath given power to send , and ordain . thus by s. paul he sent timothy and titus : and we find c s. barnabas with s. paul ordaining presbyters in all churches , where they came . this therefore is a generall rule ; d those governors , who labour in the word and doctrine ( whether they be ordained by christ , or his apostles , or any other , to whom this authoritie is duely given ) are worthy of double honor ; that is ( saith primasius ) e both in love , and place . thus f titus by the corinthians was received with fear and trembling , and memorable obedience . g they honoured him ( as theodoret speaks ) as their father , and reverenced him as their spirituall governor . these honors are due , not so much in respect of personall worth , as in regard of the office , which they bear . this appears by s. paul ; who willeth the philippins not onely to h receive epaphroditus , their apostle , or bishop , with all gladnesse ; but , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he chargeth them to hold such , as he was , in honour and reputation . all must be thus honoured ; but those most , that are most worthy . . constantine , the first emperor that ever was christen'd , had learned this lesson ; i he therefore did reverence the bishops , ad imaginem quandam divinae praesentiae , as if he had some resemblance of god before his eyes . k he kissed those bishops skars , that had suffered for christs most holy name . l he entertained divers of them at his own table : and m at their departure he bestowed upon them many & goodly gifts . n upon bishops he conferr'd very many privileges , and the highest honors he had to bestowe . he ordained , that o those canons , which were agreed upon by the bishops , and had received his royall approbation , should be of more sacred authority , then any law or sentence , that should passe from his highest judges : and that none of his princes should dare to infringe them . to conclude , p he commanded the governors of his severall provinces to give reverence and honour to bishops ; threatning no lesse then death to such as should revile or abuse them . what reverence and esteem bishops were of with his severall sons , though differing in religion , the church history manifests : for these and all other privileges were inviolably preserved to the church , till that apostata julian ware the crown . but those pious and orthodox emperors , that succeeded him , raised up the church , and made good her former privileges . . the reason why good princes were so carefull of the church and churchmen , was q because they were confident , with great constantine , that god gave a blessing to their affairs , for the bishops sakes . and those two wise emperors leo and constantine professe with justinian , that r the peace and felicitie of their people , as well for body as soul , depend upon the harmonious consent of the imperiall and episcopall functions . mark that . in scripture ſ the prophets and servants of god are called the charet of israel , and the horsemen thereof ; because t by their prayers they did more prosper their countrey , then by force of arms . yea u by them god blessed his people . these were the church-priviledges ; and these the opinions the most christian princes had of church-men . and you cannot say , that any of these emperors had any dependance upon the pope , or any compliance with him . but we are fallen into those times , wherein it is accounted losse , to bestowe cost upon christ ; pietie , to rifle the church ; and good service to god , to murder his apostles and priests . indeed , what ever is good and commendable , is now with the round brotherhood cried out upon as popish . by this time , i hope , it appears , that x these immunities , which belong to the church , arise not from the errour of the times , as you suppose , but from the tenure of scripture . that 's the tenure , we hold by . chap. xii . whether to sit and vote in parliament be incongruous to the calling of bishops . . something an hard theme to treat upon , and unpleasing to the times . and yet i must say something to it , lest i seem to desert the cause , to blame our predecessors of indiscretion , and to acknowledge that weaknesse in our bishops , which the wisest of this kingdom know to be far from them . what ? not contented to strip us of our rights , lands , and priviledges , but you must twit us with the losse of y the bishops votes , as if they were neither fit to sit or vote , in the house of peers ? that this hath been done cannot be denied ; but how justly i shall not question for the honour i bear to my soveraign . yet thus much is evident to every single eye , that we have had many even and conscionable parliaments , wherein bishops have voted : what kinde of parliament we have had without them , some will make bold to speak hereafter . but a word in private . were they not thrust out , lest the king should have too many faithfull counsellors in the house ? were they not removed , to make way for these civill broils ? the incendiaries knew full well , that those messengers and makers of peace would never have passed a vote for war. . but what were the motives , that wrought upon his majestie , to yeeld to have the bishops turned out of that house , z wherein they had voted from the first day , that ever parliament sate in england ? and before ever there was an house of commons , they had their votes in the great councels of the kingdom ; as sir robert cotton manifests in his treatise , that the soveraigns person is required in the great councels of the state. p. . &c. if at any time they have been forced out of these parliaments , or great assemblies , it hath been with so ill successe , that with all possible speed they have been recalled . will you hear the motives ? surely they were the very same , that drove the king from westminster , and london . i remember , the clothiers were perswaded in a mutinous manner to cry down the bishops votes , because they had no market for their clothes . and now they cry out , that they want wooll to make clothes . is not this the blessing they have gained by that hideous and senselesse out-cry ? . but why was this privilege abolisht , as incongruous to their calling ? are bishops unfit to advise , or assent in framing laws ? surely they are rationall men , and learned men . by reason of their age , and offices , which they have heretofore passed thorow , they must needs be men of much experience . and it is to be presumed so many , for so many , as conscionable , and as much for the common good , as any . and such men are most fit to prepare , and commend laws for and to kings . for i have learned , that a this is a strong argument in law , b nihil , quod est contra rationem , est licitum , nothing contrary to reason , is lawfull . for reason is the life of the law ; nay the common law it self is nothing else but reason . which is to be understood of an artificiall perfection of reason , gotten by long studie , observation , and experience , and not every mans naturall reason : for , nemo nascitur artifex , no man is born master of his profession . against reason therefore it is , that men of long study , much observation , and experience , should be excluded from voting in matters of such high concernment . and some men , that have scarce any of these , should be admitted , as if they were born wise , or gained state-experience by hawking , or hunting . 't is true , that c senatore sons might be admitted to the government of the common-wealth , before they were five and twenty yeers of age : but d before they were twenty and five yeers compleat , they could give no suffrage among the rest of the senators , though senators . this was the wisdom of that thriving roman state. . now give me leave to enquire more strictly , what it is , that is incongruous to the calling of bishops . is it to sit in the house of peers ? or to vate in the house of peers ? or both ? that the lords spirituall have sate and voted with the lords temporall , cannot be denied . the acts of parliament speak it , from the first session to this last . let it not be thought incongruous for bishops to sit with the best of subjects . e they sate at constantines own table . nor to be numbred among peers . f the prophecie saith , that they may be made princes . nor to vote in matters of state : since usually they are men of great learning , of much experience , observation , and conscience . such as fear god , honour their soveraign , and love their countrey with-out by ends . such they are , and such they ought to be . and though sometimes there be a judas among the twelve , yet is the calling never the worse . . had it been incongruous to their calling , melchisedech that was both king and priest had never been a type of our saviour . the law of god and nature abhor that , which is incongruous . had it been incongruous to the priesthood , god had never made moses and eli governors of his people , in temporall affairs ; for g they were both priests . h jethro , priest of midian , was of excellent use to moses in state affairs . and it may not be forgotten , that i king jehoash thrived , as long as he hearkned to jehoiada the high priest . but when he sleighted the priests counsell , he suddenly fell into the extremest miseries . chron. . . . &c. our histories will likewise tell you , how k. henry vii . prosper'd by applying himself to the advice of his bishops , morton , denny , fox , and others . and how his son k. henry viii . never thrived , after he turned his ears from the counsell of his prelates . and yet he excluded them not from parliaments ; he could not be drawn to that . sure , had this been incongruous to their calling , your fellow - ministers of london would never have granted , that two distinct offices may be formally in one and the same person ; as melchizedech was formally a king and priest . i. d. p. . . a wonder it is , that you & your faction should spie thi● incongruitie , which was never discerned by the wisest of our fore-fathers . the writ , which summons the parliament , runs thus , k rex habiturus colloquium & tractatum cum praelatis , magnatibus , & proceribus . the king intending a conference and treatie with his prelates , and great men , and peers . this writ , as some report , was framed under k. henry iii. and is continued in the same terms to this day . and yet no incongruitie discerned in it , till ye came in with your new lights , which issue from your light brains . but now the bishops must no more vote , no , not sit in parliament ; because you , forsooth , conceive it to be incongruous to their calling . but will any wise man take your word for a law , or imagine it to be more authentick , then the resolutions of all our fore-fathers ? you have no way to finger the bishops lands and jurisdiction , but by turning them out of the house . this , this was it , that moved you to charge their presence in parliament with incongruity . . the lawyers tell us , that l the writ of summons is the basis and foundation of the parliament . and m if the foundation be destroyed , what becomes of the parliament ? truly it falls ; saith justice jenkins ; according to that n maxime both in law and reason , sublato fundamento opus cadit , the foundation being taken away , the work falls . if then it shall be proved , that you endeavour to ruine the foundation , the writ of summons , it must necessarily follow , that you endeavour the ruine of the parliament . by the writ the king is to have treatie with his prelates . but you suffer him to have no treaty with his prelates . where then is the writ ? nay , the bishops are quite voted down root and branch . how then shall he treat in parliament with those , that have no being ? the lord commands o the ark to be made of shittim-wood : if there had been no shittim wood , the ark could not haue been made . if there be no prelates , where 's the treatie ? where the parliament ? it will not serve to slip in the presbyters ; they are not the men , they are not called for . p these are episcopall privileges : q all other ecclesiasticall persons are to be contented with those liberties and free customes , quas priùs habuerunt , which they enjoyed heretofore . . the writ summoned this parliament , for the defence of the church of england . herein you have also made the writ void ; for you have destroyed the church of england . and in destroying the church , you have destroyed the writ . the commission is for defence ; they then that destroy , what they are bound to defend , overthrow their commission . r our saviour sent his apostles to preach peace ; ſ to blesse , and not to curse ; t to please god , and not man. if then we preach warre , and not peace ; if we curse , when we ought to blesse , if we please men , and not god , we forfeit our commission . s. paul is plain ; u if we please men , we are none of christs servants ; much lesse apostles . for x his servants we are , whom we obey , whom we please . if then we prove y faithlesse and unprofitable servants , we shall be turned out of our masters house , even out of doores , and cast into outer darknesse . upon these grounds i argue thus . he that overthrows the prime intention of the writ , overthrows the writ . but you have overthrown the prime intention of the writ . therefore you have overthrown the writ . that you have overthrown the prime intention of the writ , i prove thus . the prime intention of the writ is for the state , and defence of the church of england . but you have z overthrown the state and defence of the church of england . you have therefore overthrown the prime intention of the writ . the second proposition cannot be denied , it is so palpably true . the former is sir edw : cokes ; his words are these . a the state and defence of the church of england is first in intention of the writ . and b if the writ be made void , all the processe is void ; and so farewell parliament . . besides , i have learned , that c the assembly of parliament is for three purposes . first , for weighty affairs , that concern the king. secondly , for the defence of his kingdome . and thirdly , for defence of the church of england for the king , no question , but the bishops are faithfull to him . we see , they have constantly adhered to him in these times of triall . in gods and the kings cause they have all suffered , and some died commendably , if not gloriously . for the defence of the kingdome none more forward with their advice , purses , and prayers . and for the church , who so fit , who so able to speake as bishops ? versed they are in the divine law ; in church history , and in the canons of the church . they fully understand not onely the present , but the ancient state of the church . they know , what is of the essence of the church ; what necessary , and what convenient onely ; what is liable to alteration , and what not . these things are within the verge of their profession , and most proper for them to speak to . . when king david first resolved to bring up the arke of the lord from kiriath-jearim , into his own citie , d he consulted with the captains of thousands , & hundreds , & cum universis principibus , and with all his princes , about this businesse , e by their advice he orders , that the arke should be carried in a new cart ; and vzzah and ahio are to drive it . but what becomes of this consultation ? f an error was committed clean thorough , and vzzah suffers for it . though david were a marvelous holy man , and a good king , and had a company of wise , religious councellors about him , in the removall , and ordering of the arke , they were mistaken , because they did not advise with the preists about it . for g the preists lips preserve knowledge ▪ & they shall inquire of the law at his mouth . and h the law will not have a cart to carrie the arke , nor lay-men to meddle with it . david saw his mistake with sorrow ; and confesseth to the preists , that i he and his councellors had not sought god after the due order . and why so ? k quia non eratis praesentes ( so the fathers read ) because the preists were not present , & he had not consulted with them about this sacred businesse . and hence it is , that l they did illicitum quid , somthing that was unlawfull . that then a thing be not unlawfull , we must consider , not onely what is to be done ; but the order and manner is to be considered , how it ought to be done ; least failing of the due order , it prove unlawfull . most christians know bonum , what is good ; but few are skilled in the bene , how it ought to be done ; and that is it , that makes so many ruptures , so many breaches , and factions in the world , because every man will prescribe the order , and manner ; which , god knows , they ttle understand . . when therfore david had once more resolved to fetch up the arke from the house of obed edom , he calls for the preists , and acknowledgeth , that m none ought to carrie the arke of god , but they ; and that n therefore the lord had made a breach upon him and his , because the preists had not brought it up at first . that this fault may be duly and truely mended , o david commands the preists to sanctifie themselves , and to bring up the arke . they did so , p they brought it up upon their shoulders , q according to their dutie . and r god helped the levites , that bare the arke ; because it was now done in due order . it is no shame then for us , to acknowledge our error with david , and with him to amend , what is amisse . yea this was such a warning to him , that ſ he would not so much as resolve to build an house for the lord , till he had acquainted the prophet nathan with it . in matters therefore , that concern the arke of the covenant , the church of the living god , it is not safe to do any thing without the preists advice . if then the cheif and maine end of calling a parliament be for the good of the church , it is most necessary to have the cheif fathers of the preists present . but sir edward coke assures me , that this is the main end of calling a parliament . his words are these ; t though the state and defence of the church of england be last named in the writ , yet is it first in intention . and what is first in intention is chiefly aimed at , all other things that are handled , are but as means to effect that . it is not then incongruous , but most consonant to the calling of bishops to sit and vote in parliament . . besides , u if the honour of god , and of holy church be first in intention , how shall the honour of god , and of the church be provided for , how defended , when the fathers of the church are discarded , who know best , what belongs to gods honour ; who are most able to speake in defence of the church , & to shew how she ought to be provided for ? shall she not in their absence be layed open to the subtill foxes , and mercilesse bores to wast and distroy her ? yea x by this means she is already distroyed . so pious justice jenkins . the incongruitie then is not to the bishops calling , but to the covetousnesse of bores and foxes . . another incongruity will follow upon this . y the whole parliament is one corporate body consisting of the head and the three estates . if one of the estates be wanting , it cannot be called a whole , but an imperfect , a maimed parliament . but z the bishops are one of the three estates . suppose them to be the more feeble and lesse honourable estate , or member , yet a this very member is necessary ; and the body is but lame without it . take heed then , that the excluding of bishops , be not incongruous to the parliament . i see not , how it can be incongruous to the prelates to suffer wrong , since b for this purpose they are called . but it is incongruous to the parliament , to be without them ; since without them , it is not a whole , but an imperfect parliament . for i have read , that c bishops were in all parliaments , and voted in them , since we had any . yea , that great master of the law justifies , that d every bishop ought ex debito justiciae of due justice to be summoned by writ , to every parliament , that is holden . but if they leave out the bishops , they begin with injustice , and lay but an ill foundation for so great a court of justice . and where injustice beares the sway , there is little justice to be hoped for . so they are incongruous in the first stone , or foundation of a parliament . . there is a statute , that no act of parliament be passed by any soveraign of this realm , or any other authority what soever , without the advice & assent of the three estates of the kingdome , viz. of the lords spirituall , & temporall , & the commons of this realme . and all those are solemnly cursed , by the whole parliament , that shall at any time endeavour to alter this act , or to make any statute otherwise then by the consent of all these , or the major part of them . this , as the learned in the law report , is upon record in the parliament roles . . and what comfort , i beseech you , can his majestie have to call a parliament without bishops , since he cannot assure himself of gods assistance without them ? f cenwalch king of the west-saxons was sensible , that his province was destitute of gods protection , while it was without a bishop . indeed g a good bishop is ( with gregory , metropolitan of cesarea ) not onely the beautie of the church , and a fortresse to his flock , but he is the safety of his country . it was the religious conceit of our country men heretofore , that h both king and kingdome have by the church a solid , ● sure foundation for their subsistence . and it was the usuall saying of king iames , i no bishop , no king. in scripture the preists are called k the charets and horsemen of israel ; because by their prayers the country prospered more then by force of armes . and the greek fathers observe , that l the bishop is therefore to pray for all , m because he is the common father of all , be they good or bad . . and as he can have little spirituall comfort without bishops ; so n without them he can have no temporall releife , no subsidies granted for his own supplies , or for the defence of the kingdome . i am sure , none have been granted him at westminster , since the expulsion of the bishops . thus have you moulded up such a parliament , as was never known in this realme , since these great councels of state were first assembled . for though the bishops were by his majestie summoned according to justice ; yet were they afterwards turned out at the instigation of a strong & tumultuous faction ; & not suffered to vote in matters that concerned either church or state. thus ye are become o like the princes of judah , that remove the bounds ; that is as the genevians interpret , p ye have turned upside down all politicall order , and all manner of religion . q therefore upon those , that have done so , the lord will powre out his wrath like water ; which will surely overwhelm them , as it did those desperate sinners in the deluge . thus i have manifested , that it is not incongruous to the calling of bishops to sit , and vote in parliament ; but to exclude them is incongruous to the being of a parliament , to the weale of the king , and safety of the kingdom . . and yet , as if what-you had delivered , were ex tripode , as sure as gospel , r from barring their votes , you deduce an argument for taking away their jurisdiction ecclesiasticall . if one be abolished , why may not the other be removed ? as if , because my cassocke is taken from me , i must necessarily be stripped out of my gowne 't is true , if this be also done , i must bear it patiently ; but my patience doth not justifie their action , that do me the injurie . neither doth the former fact justifie the latter : truly no more then davids follie with bathsheba can countenance the murder of vriah . the question is not de fact● , but de jure , not what is done , but whether it be justly done . if the fact may justifie a right , then may we maintaine robbing upon salisbury plain ; because it hath been done there more then once . a wonder it is , you had not framed your argument thus : who knows not , that the parliament caused the arch bishop of canterbury to be beheaded ? and then why may they not hang the rest of the bishops , if their lives prove inconvenient , and prejudiciall to the church ? but with julian the apostata , ye had rather slay the preisthood , then the preists . . indeed ſ the removall of their ecclesiasticall jurisdiction is no more against the oath then the abolition of their votes . both alike in respect of the oath ; but if we consider the severall authorities , from whence they are derived , we shall find a difference ; because the most part of their jurisdiction is the grant of god ; but their voting among the peers is by the favour of princes , grounded upon the right of nature , and that civill interest , which every free denizon ought to have in some measure , in disposing of his own , and assenting to new laws . but suppose princes may revoke their own favours , can they without perill to their soules , cut off that entaile , which god hath settled upon his church ? i beleeve , no. but you will onely remove it , not abolish it . and removed it may be from dorchester to lincolne , from crediton to exiter . but the removall of ecclesiasticall jurisdiction from bishops to presbyters , is utterly unlawfull ; since without sinne we may not alter the ordinance of god , who settled this jurisdiction upon bishops onely , and not upon presbyters ; as is demonstrated in the next chapter . chap. xiii . certaine light and scandalous passages concerning prince and preist tenderly touched . . there 's a great cry in the fourth page against the jurisdiction of bishops , ● inconvenient and prejudiciall to the church ; against unlawfull immunities , anti-evangelicall pompe , combersome greatnesse , and forfeiture by abuse . all these are cryed out upon , but none of them proved . i shall therefore passe these by as a distempered foame , or pulpit froath . yet thus much i must say , that the immunities of the clergie , are held by law , or not . if by law , then are they not unlawfull , but legall . if legall , it is presumption in you to call them unlawfull . if unlawfull , shew against what law. we take not your word to be so authenticke , as if we were bound to beleeve , what ever you say . . somthing answerable to this it is , that you tel us , t when this oath was framed , the church was indued with the ignorance of the times . but when was that time ? for that we may go seek ; for you relate it not . if you had , perchance we might have shewed you as wise , and as learned men in those times , as westminster affords at this day . . and yet upon these imaginations you conclude , that u the kings oath is invalid , and not onely so , but that it is vinculum iniquitatis , the bond of iniquitie . the respects , you relie upon , are onely these . first , that x prelacy is an usurpation contrary to christs institution . ly , that y the clergie ●e of themselves a distinct province , is a branch of popery . ly , that z bishops sitting and voting in the house of peers , is abolisht as incongruous to their calling . ly , that a the church was endowed with diverse unlawful immunities . and last of all , that b when this oath was framed , the church was indewed with the ignorance of the times . the foure former have been pretily well sif●ed , and a non liquet is returned , i find them not proved . when you make good the last , i shall , with gods blessing , return you an answer . . in the mean space i cannot but tell you , that you have willfully & dangerously scandalized diverse princes or blessed memorie ; and charged them almost as deeply , as c s. peter did simon magus , with the bond of iniquitie . a binding , in intangling sinne . surely those princes if you may be credited , tooke this coronation oath either ignorantly , o● maliciously . if ignorantly , they are simple , or carelesse : if maliciously , they were neither good kings , nor good christians . but light forsooth , hath shined forth since those mistie daies . i fear this late light , is but a false light : for it was never spyed by any , that were not condemned hereticks , till now of late . . well , thinke men , what they please , you have lately discovered , that the jurisdiction , which was inconvenient and prejudiciall in the bishops , will prove very convenient and commodious for the church in preaching presbyters . those immunities , that were unlawfull in them , will be lawfull in you . that pompe , which was anti-evangelicall , and carnall in them , must needs be spirituall and throughly sanctified to such evangelists as yourself . that combersome greatnesse will but fit your shoulders ; and those great promotions , will not at all be unwildy to presbyteriall saul , which did comber bishop david . and d those priviledges , which were disadvantagious to the church , and hindred the growth of religion , while they were in episcopall hands ▪ will in a classicall assembly turn to the advantage of the church , and further her edification . if this be not your meaning , let the world judge . for these are your words ; e and why may not the great revenues of the bishops , with their sole ▪ jurisdiction in so large a circuit , be indicted and convict to be against the edification of the church ; and it be found more for the glory of god ; that both the revenue be divided , to maintain a preaching ministery , and their jurisdiction also , for the better oversight and censure of manners . you have indicted them indeed , and their revenues , as if under the bishops there were no preaching ministery , no censure of manners ; as if under them there were nothing to the edification of the church or the glory of god. wheras it is well known , that whilest the bishops enjoyed their jurisdiction , other manner of sermons were preached , then have been ever since . . you have already vaunted , that the bishops revenues and jurisdiction are against the edification of the church ; and i make no question , but you will justifie , that the abolishing of the three creeds , is much to the edification of gods people . and is not the silencing of the ten commandments , for the better oversight and censure of manners ? thus you have also condemned that most excellent forme of divine service , and vented multitudes of heresies ; and all for the glory of god. but when these things come to try all we shall certainly see , who will be convicted by that grand jury , f that shall sit upon twelve thrones , judging the twelve tribes of israel . not onely of israel according to the flesh , but of israel also according to faith . . but why are you so suddenly fallen from an abolition , to an alteration ? before you professe , g that the abolition of the one , is no more against the oath , then of the other . there you would have the bishops jurisdiction abolisht with their votes . but here you will have the jurisdiction divided , their domination altered , and all to maintain a preaching ministery . this you call h the removall of their ecclesiasticall jurisdiction ; in the same page . aaron must lay down his miter and holy garments , that korah may put them on . and s. paul must resigne his apostolicall rod to simon magus , to alexander the copper-smith , and to the brethren in q●irpo . and why so ? alas , the apostle-bishops i do not further , but hinder the work of the gospel ; they are superannited and decrepit ; away with them by all means , and bring in the young , lustie presbyter-bishops , k where strong holds are to be vanquisht . these are the men will do the work , or the pulpit and church shall ring for it . this you call l a good plea to alter the uselesse anti-evangelicall pomp . indeed ' ●is the best you have ; and make the best you can of it , it will prove but an anti-evangelicall and antichristian plea ; if we trust scripture . . yet , that this may be done according to your designe , you allow the king thus much power , m that he may , notwithstanding his oath , consent to alter the clergies immunities . no oath shall stand in the way , so ye may gain by it . what ? again fallen from the question ? from abrogation to alteration ? what if i should tell you , that you have altered the state of the question ? that abrogation is the repealing , the disanulling of a law ; and not the changing of it ? but this is no error with you , whose aim is to have episcopacy abolisht , that so the immunities and lands thereof may be transferred upon the presbytery . this is the alteration you gape after . yes , you would so ; n settled you would have them upon preaching ministers , and o upon parochiall pastors : as if none were preachers or pastors , but you of the presbyteriall cut . i will not say , that you are hereticks in this and in other your new-forged doctrines , invented to subvert monarchy and episcopacy . but i shall tell you s. austins opinion , and so leave you to the opinion of the world . p he , in my conceit , is an heretick ( saith that father ) who for any temporall commoditie , and chiefly for his own glory and preferment , doth either raise or follow false and new opinions . and are not pelf , honour , and preferment the cause of all these fidings , and seditions , in church , and state ? if these times speak it not , i am deceived . as for your opinions , it hath been sufficiently manifested , that they are both false and new . . be your opinions what they will , their immunities and rights must down , or you will fail in a dilemma . q the clergie ( say you ) either hold their rights and immunities by law , or otherwise . this is not to be denied . but what follows upon this ? r if by law then the parliament , which hath power to alter all laws , hath power to alter such laws as give them their immunities : and those laws altered , the immunitie ceaseth ; and so the kings ingagement in that particular . if not by law , it is but an usurpation . you say it , and we grant it . for truth it is , that we claim no rights and immunities , but what the ancient and christian laws of this realm have confirmed unto us by act of parliament . . you say , that the parliament hath power to alter all laws . what if a man should say , that this assertion is not true ? i conceive , it were no blasphemie . indeed it is a blasphemous position to broach the contrary . none but an atheist dares justifie , that ſ the parliament , or any mortall soveraigntie , hath power to alter either the law of god , or the law of nature . and yet these are laws . and who , but an enemy to his countrey , and a friend to confusion , dares affirm , that the parliament hath power to alter the monarchicall or fundamentall laws of this kingdom . i am sure justice jenkins resolves , that t by the law of the land a parliament cannot alter any morall law. . give me leave to propose your own argument in terminis , in behalf of the city of london . the citizens of london either hold their rights and immunities by law , or otherwise . if by law , then the parliament , which hath power to alter all laws , hath power to alter such laws , as give them their immunities : and those laws altered the immunity ceaseth . if their immunitie be not by law , it is an usurpation without just title ; which upon discovery is null . how like you this , my rich masters of london ? hath not mr. geree set you in the sleep way to ruine ? but ye may , perchance , have a confidence , that the parliament will not serve you so . be of that minde still . the power , it seems , is in their hands : how they will use it towards you , i cannot say . how they have used it towards us , and towards our good soveraign , ye know . and can ye look to fare better ? remember , what our saviour saith , u the servant is no greater then his master . if they have persecuted me , they will also persecute you . as they have used your lord and king , they will use you . the courtesie ye are like to find , is that , which vlysses had from polyphemus , to be their last breakfast . . well , x upon the alteration of the law , the immunitie ceaseth , and so the kings ingagement in that particular . an ordinance of parliament hath absolved many a subject from his oath of allegeance : and now we shall have a law , to absolve the king from his oath of protection . but i am sure no law can absolve him from a duty inherent to his crown . and * such is the duty of protecting his subjects from oppression , and the church from sacriledge . you cannot therefore possibly absolve him from this ingagement . besides , it was never conceived , that an ordinance was of sufficient force to alter a law. the kings ingagement therefore stands as yet in this particular . . but suppose , there were such a law , as you-speak of , could it be just ? i have learned from your london ministers , that y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law , is so called in greek , from rendering to every person , what is just , meet , equall . in very deed , as the great lawyers speak , z jus , idem est , quod justum & aequum ▪ the law is nothing else , but that which is just and right . if it be otherwise , it is not jus , but injuria , an injurie , but no right . you are pleased to acknowledge a our privileges to be our rights . how then can they be taken from us without injuri●● and it is not lawfull , with the supreme judge , for any prince or court to deal injuriously , with the meanest , that are subject to them . justice it is , to give to every man his own . injustice then it must needs be , to spoil any man of that , which is his , either by the laws of god or man. suppose us to be in equall balance with our fellow subjects , and that we have no other right to our lands and privileges , but by the laws of the realm : what reason can be given , why we should not peaceably enjoy , what is ours , by the law of the land , as well as the rest of our fellow subjects ? we have the same right ; and why not the same protection ? chap. xiv . whether the lands of the church may be forfeited by the misdemeanour of the clergie . . vve shall have reason to work us out of our rights , and law to turn us out of the kings protection . but such reason and law , as may with much ease , and more equitie be returned upon your selves . your reason is this ; because b these rights were indulged to the clergie , for the personall worth of present incumbents . if therefore their successors forfeit them by their ill demeanour , these rights may be taken from them . this is easily resolved , not so easily proved . for the truth is , these rights were not given to particular persons , but to a succession of bishops and priests , and other officers for gods service . or rather , these lands and privileges were given to god and the church , for the maintenance of these offices . my unworthinesse makes not the office the worse ; neither can my wickednesse make a forfeiture of gods inheritance . i may , c with abiathar , justly be deprived of my place , and the benefits thereof ; but the place , and the rights thereof fall not into a premunire ; a good man even d zadok succeeds this traitor abiathar , and enjoyes not onely the office , but all the profits ▪ that belonged thereto . this was solomons justice ; he knew , how to distinguish between the faultie priest , and the faultlesse office . but you are a rooter ; if a twig be in fault , up with b●ai●h and root . this is your justice . but e it is far from the ju● judge of all the world , to root up the righteous with the wicked . and surely we ought to endeavour to be righteous and just , as our heavenly father is just . . have you a desire to know , what true justice is ? it is that , f quam uniformen ac simplicem proposuit omnibus deus , not what we fancie , but what to all men god hath proposed uniform , and alike , plain and simple ; such as can admit of no cavill or misconstruction . g where this true justice is wanting , there can be no law , no right . for that which is done by right , is done by law. and that , which is contrary to right , is contrary to law. nothing can be according to law , but what is according to justice . for justice is that , which gives lif● & being to a law. and to say , that this or that is an unjust law , is a flat contradiction : since it is jus à justicia , law hath the latin denomination from justice : r and the greek from rendering to every man , what is just ▪ and meet . and the latin word jus signifies both law and right . an unjust statute therfore there may be , an unjust law there cannot be . ſ n●n enim jura dicenda su●t , vel putanda , iniqua hominum constituta : for the unjust constitutions of men , are not to be called , ●r esteemed laws . and they that frame unjust decrees , are not princes , but tyrants : neither are their subjects , free-men , but slaves . neither can the state , they live in , be called a common-wealth ; since , as scipio africanus observes , and s. austin approves , t respuplica and res populi , the common-weal and the weal of the people , are one and the same . and then is it truly a common-weal , u cum benè ac justè geritur , when it is fairly and justly governed , either by one king , or by a few noblemen , or by all the people . but where the government is unjust , there 's no common-wealth . it is s. austins ; x vbi justicia non est , non est respublica . take away justice , and farewell republick . for how can that be for the generall good of all , where justice is not equally distributed to all of whatsoever profession . . but y there 's a great deal of difference ( say you ) betweene an ingagement made to persons , on valuable consideration , and that which is made gratis to an office or society subservient to publike good . so much difference indeed there is , that the setling of land upon a corporation is more firme then any entaile upon a familie ; because persons dye , but corporations live . if gratis make the difference in your opinion , it makes none in law : for that land ●● as much mine , which is conferred upon me by deed of gift , as that which is conveyed to me by purchase . what difference , i pray you , between lands , purchased by the society of goldsmiths , and such as are freely given to that company ? are not the later as much theirs , as the purchased lands ? are they not alike settled by the same law , & justified alike by the same law ? and z of this very sort is this ingagement to the english clergie . and never a whit the worse for that . for of this sort is that magnificent maintenance , which was settled upon the tribe of levi , by god himself : all given gratis . a and of this sort are the ingagements made to them by darius king of persia . and yet b whosoever shall alter this word , let the timber be pulled down from his house , and being set up , let him be hanged theron : and for this let his house be made a dunghill . and the god , that hath caused his name to dwell there , destroy all kings and people , that shall put their hand to alter and to destroy this house of god. of this sort also were c the silver and gold , which were freely offered by king artaxerxes and his counsellers , by the preists and people to the god of israel , for the house of god. of this sort also was d the relaxation of all toll , tribute , & custome to the preists and levites ; a free gift . and yet e whosoever will not do the law of god and of the king , in these things , let judgement be speedily executed upon him , whether it be unto death , or to banishment or to confiscation of goods , or to imprisonment . and was not this priviledge granted , for the grace and favour that f shesbazzar and g ezra found in the eyes of those kings ? or , if you will , for their personall worth ? and yet this grant is called not onely the law of the king , but the law of god : and delivered so to posterity by h ezra aready scribe in the law of moses , and the penman of god. . suppose we also , that i these rights were indulged for the personall worth of the present incumbents ; may they therfore be alienated , because some succeeding officers demean themselves amisse ? so say you ; but you are wide of the marke . these lands and immunities were not made to any particular persons , but to the office or society ; or to god for their use . what is given to a person for life , goes not to the office , but dyes with the person . but what is settled upon an office , lives with the office. k and i have manifested , that episcopacy is a living office ; an office , that must last , while christ hath a church on earth . persons may forfeit their place , and the benefits arising from thence to their incumbency ; but the office , if necessary , must continue . l judas by transgression fell from his office ; but the office fell not with him ; no , m another , a saint may , and must take his bishopship , or apostleship , and the rights that belong thereto . . however then some such favours may be granted to an office , with relation to the personall worth of the present incumbent , yet being given to promote the usefulnesse of the office , it shall be no movable ; it is fixed ( as the lawyers speak ) to the freehold , and shall abide , till the office be found uselesse , and therefore abolisht . but till then n it is injustice to alter , or alienate those rights , without which the usefulnesse of that office cannot be so well promoted . injustice it is , to take that away , which you never gave , and is so usefull for the office , let the officers fault be what it will. it is wild work to punish the office for the person : this is none of gods course . o the sons of eli were as bad as bad might be ; god destroyeth them , but not the office , neither yet doth he fleece it . but before i passe further , i must make this observation : the quarrell you picke with the clergie , to rob them of their lands and priviledges , will suite with any society , or corporation . if it shall please your great masters to say , that the drapers , or grocers , or that great corporation of london have so demeaned themselves , that they have forfeited their lands and immunities , up they go ; they shall be in the same state with us . they that uphold their power by the sword , do usually what they list , not what they ought . if parliaments might utterly be abolished for misdemeanour and miscarriage , i presume , this iland should never see another parliament . . you speake largely p of the parliaments power . it is out of my element , and i am tender to meddle with it . i know t is large in a free and full convention , when the members constitutive are present : but how large , i shall leave it to the learned of the law to define . yet this i dare say , whatever their power be , they cannot make that just , which is unjust ; nor that truth , which is a lie . q ahab and jezabel had power to over-rule the elders and nobles of jezreel ; and to take away both naboths vineyard and life , without any cause at all . you will not , i hope , justifie any such power , or act. 't is true ; naboth hath lost all at a blow ; but it was by tyranny , not by law : because there was no equity in the sentence . and yet there were as good witnesses came against naboth , as any appeare against episcopacy . . but you have been at the bar of late , and have learned a law distinction , which neither scripture , nor fathers , nor scholmen ever taught you , and this it is . r an ingagement may be gone in law , though not in equity . and that an order of parliament will be valid in law , though injurious . how ? valid in law , though injurious ? the learned in the law deny , that an order of parliament is valid in law. and some of their own creatures in their circuits have rejected some orders from westminster , because they were contrary to law. but you , my masters , that have been so forward with your purses , bewar . ſ he speaks of summs of mony , borrowed upon the publique faith , for publique good : for t the parliament may ordain release of the ingagement . here 's divinity without equity or conscience . but it 's like the rest . . gone in law ( saith this conscientious preacher ) , not in equity ; valid in law , though injurious . behold law without equity ; a law , and yet injurious . god blesse me from such law , and such divinity . i ever thought , that law and equity had gone together , and that law could not have stood with injurie : since ( as s. austine speaks ) u jus & injuria contraria sunt , law and injurie are contraries ; and can no more consist then light and darknesse . and if with x thomas , and y the london ministers , jus be that , which is prescribed , or measured by law ; then either that is no law , which prescribes , what is not right ; or else injurie shall be right , because it is prescribed by law. i hope , you are not of this mind . . if the fathers were not quite out of date , i could tell you , what s. austine saith . and yet why may not i make use of him as well as your fellow ministers of london ? behold then the very case . z quid si a liquis condat jus iniquum ? what if any shall make an unjust law , a law without equity ? is not the case put right ? if it be so , take his resolution . a nec jus dicendum est , si injustum est . if it be unjust , it is not to be named a law. and yet with you it shall be a law though injurious . thus your case of conscience is resolved against conscience ; for all injurie , if understood , is against conscience . surely the parliament is much beholding to you , to stretch your conscience , and their fringes so much against conscience . for you justifie a power in them to do injurie ; and not onely so , but a power to make laws , to justifie this injurie . and yet b in them this shall be no tyrannous invasion on any societies rights , because done by a parliament . that title is a salvo for all blemishes and injuries . no tyranny , no invasion , if done by a parliament : as if they were infallible , and could not erre ; impeccable , and could not do amisse . or as if god himself did alter his own laws , that their alterations might be irreprovable . . i must confesse , the next is a very conscientious proposition , of another die ; and this it is . c if there be no injury , the king and parliament may cancell any obligation . without peradventure they may . but what makes that so there ? as ther 's no question of power in the parliament , to ordain an injurious order , or a law without equity : so if there be no injury &c. what so , and no otherwise ? then have they no power at all to cancell any obligation , because the parliament hath no power to make a law without equity . if this do not follow , let men of understanding judge . and if you have no better argument to prove , that it is lawfull for the king and parliament to abrogate the immunities , and to take away the lands of the clergie , you will never be able to approve the lawfulnesse thereof . . what is according to law , true law , is lawfull ; and what is lawfull , is according to law. if lawfull , not injurious ; if injurious , not lawfull , not valid in law : since nothing is valid in law , that is injurious . to what purpose then are those words ; d the abrogation will be just , as well as legall , there will be no injury done ? surely none , where law is of force ; for where law is , there can be no injustice countenanced . but where your law bears sway , an order may be legal , though injurious ; for your words are , e the order would be valid in law , though injurious . . and as for f forfeiture by miscariage , the forfeiture in justice must fall upon him , that miscarries , that is , upon the person , not upon the office ; for an office duely settled can no more make a forfeiture , then it can miscarrie . such an office is episcopacy , which was duely settled by christ himself . and i hope you have not so far forgotten your selfe , as to say , that an office immediately instituted by our blessed saviour can run into a forfeiture by miscarriage . what reason can you give , why that should suffer , that cannot erre ; that never offended ? this is none of gods justice . and it is well known to the wise , that bishops hold their lands , revenues , and immunities not as granted to their persons , but as annexed to the office for the continuall and comfortable maintenance thereof . our religious predecessors had learned of s. paul , that g no man feedeth a flock , but he eateth of the milk of the flock . and that h it is the dutie of the gentiles to minister unto them in carnall things , of whose spirituall things they have been made partakers . indeed i he makes a wonder , that any man should doubt of it ; for how can the office be maintained without means ? surely , though k s. paul did sometimes worke with his own hands , that he might not be chargeable to new converts ; yet he telleth the corinthians , that l he robbed other churches in taking wages of them , to do the church of corinth service . yea this apostle justifies , that m he hath power to eat and drinke of their charge , and to n live upon their cost . and that o he wronged them , when he did otherwise . . we confesse , that p the office was provided for publick good ; and that those , which are of the office neither hold , nor ought to hold any thing but for publick good . is the ministery lawfull , or no ? was it settled by christ , or no ? q your london ministers have concluded for the divine right of ministers , or pastors , and teachers : and i know , you subscribe to their doctrine . there may not then be any forfeiture of the ministery , since the ordinance of christ cannot be forfeited by the miscarriage of man ; that 's out of all peradventure : of priviledges perchance there may be a forfeiture , where they prove prejudiciall to the publick good . but if and where never prove any thing , unlesse you can justifie , that these priviledges have been prejudiciall to this church and state. . our religious predecessors began the great charter with r concessimus deo , first of all we have granted to god , and by this our present charter have confirmed for us , and for our heires for ever , that the church of england be free ; and that it have all her rights entire , and her liberties unhurt . ſ william the conqueror began his raign with confirming the liberties and priviledges of the church . and he gives this reason for it , t quia per eam & rex & regnum , solidum habent subsistendi fundamentum ; because both king and kingdome have by the church a solid foundation for their subsistence . had that prince been alwaies of the same mind , he had never defiled his hands with sacriledge , nor plunged himselfe and issue into so deepe a curse . for after he began to ransake churches , to rifle monasteries , and to expose holy ground to wild beasts , and church-lands to his pleasure , he and his became most unfortunate . he rips up the bowels of the church his mother ; and sucks her blood : and the son of his loines rebels against him , beats him , and draws blood from him . the conqueror turns god out of his inheritance , and his sonne robert endeavours to do the same to him . what afterwards befell him , and all his issue , i shall not need to relate , u mr. spelman hath lately saved me that labour ; to him i remit you . in whose treatise you may briefly see the lamentable end of all that great conquerors posterity . to this i shall adde , & wish all my countrie men to observe , that in the strictnesse of reformation episcopacy was continued , as most usefull for the church . . but though episcopacy have not been prejudiciall heretofore , it is likely now to prove so . for unlesse they degrade themselves , unlesse they will patiently x part with their wealth and honour , and lay down their miters , the crown is like to runne an hazard , and the whole land be brought to nothing but misery . i am sorrie to read these lines from a professed preacher of the word of god ; for so you stile your self . and yet i am glad , you deale so fairely with us , as to give us notice , what hath been the cause of your factious preaching , the countries and citys tumults , and this detestable and deplorable rebellion ? the bishops great wealth , their honour , and their miters : these three their wealth they are already stripped of ; their honour lies in the du● ; and their miters have not been seen many a faire yeer , unlesse it be upon their armes . we know no more what a miter is , then a bishop knows what great wealth is ; by speculation meerly . few of them have gained so much by the church , as their breeding cost their parents . and yet the clergie is the onely profession repined at . . you should have done well , mutatis mutandis , to have directed this passage to the parliament with this small alteration . i hope , you will not be so tenacious of that wealth , and honour , you have gained in these tumultuous times , as to let the crown run an hazard , rather then lay down this usurped power , and indanger the whole land to be brought to nothing , rather then your selves to moderation . o , that they would bow down their ears in time , and embrace this counsell ; then might they yet heal the sores of this shaking land ; and save their own souls . but the blame and danger are layed upon those , that least deserve it ; that stood in the gap , as long as possibly they could , to avert schisme , heresie , blasphemie , atheisme , rebellion , & bloodshed . all which , since the bishops have been stripped of their honour and power , have overspread the face of this land. . suppose , the bishops were faulty , shall god be turned out of his possessions , because his servants are to blame ? mr. selden can tell you of a charter of king edgar , which will teach you to distinguish between god and man ; between gods right , and mans fault . a inviolabilis stet monasterei winton libertas ; b although the abbot , or any of the covent , through the incitement of satan , fall into sin , let the liberty of winchester monastery stand inviolable ; because god , who possesseth the plentifull munificence of this privilege , as also the place , with the whole family of monks , and all the lands belonging to that holy monastery , never committed sin , neither will in future times commit any . let therefore this liberty , or privilege , be eternall , because god the possessor of this liberty is eternall . the same say all good men for , though the bishop be faulty , god is not , cannot be . the possessions therefore , and rights of the church must stand inviolable . the faults are the bishops , the lands are gods. let not god suffer for the bishops irregular behaviour . let the bishop be deprived of his place and profits , but not god of his lands . c episcopatum ejus accipiat alter , according to the holy ghosts prescription , let another , a good man , take his bishoprick , that gods service may be duely celebrated , his name glorified , and christs flock faithfully provided for . . but say we , what can be said , the bishops are to blame , and must be brought to moderation . and how must this be done ? by being brought to just nothing . for , according to your doctrine , episcopy must be abrogated , and their lands alienated . this we simple men take to be extirpation , or annihilation . but such discreet , conscionable men , as you are , know it to be but moderation . should god return this moderation upon your heads , the presbyteriall government would come to , what it should be , even to nothing . . well , their wealth , their honour , and their miters are in fault : and the bishops must be corrected , for not laying down all these at this blessed parliaments feet , to redeem the kings crown . good king , he suffers for the bishops obstinacy ; and they , poore men , have parted with all , but what they may not part with , namely , their fidelitie to god and the king. have you not alreadie dis-roabed them of their honors ? have you not plundred their houses , and seized their lands ? have you not made them house-lesse , harbourlesse , not able to keep a servant ? what would you more ? but , let me tell you , your great masters might have purchased better houses and lands at a cheaper rate . this they will be sensible of , when the accounts are cast up as well elsewhere , as at london . . the bishops wealth , honor , and miters were your aim ; these you have preached for , these you have fought for ; what would you more ? all these your masters have , and the crown to boot ; and yet not quiet . indeed all these thus gained will not afford a quiet conscience . that there may be some shew of legality , y the king must get the clergies consent , and the bishops must lay down their miters . and then 't will passe for currant , that these acts were passed by their own consent , and so no wrong done . z volenti non fit injuria . true it is , undone they are without consent : but if they consent , they undo themselves , and wrong their souls . and a madnesse it were to be chronicled , if i should cut mine own throat , to save my enemie the labour . how then can i give away gods inheritance to the edomites & ishmalites , lest perchance they enter forcibly upon it ? and yet the bishops are much to blame , if they will not do this : if not , the crown will run an hazard , and the whole land be brought to ruine . . what is to be done in this case ? surely if the bishops knew themselves guilty of the difference betweene the king and his subjects , god forbid , but they should be willing to part with all , they may lawfully part with ; and a be earnest with jonah , that they might be cast into the sea , to allay this dangerous storme , if that would do it . but b what is gods and the churches , they cannot give away , or alienate . no , no , saith s. ambrose , i cannot deliver up that , which i have received to preserve , not to betray . the lands of the church they may take , if they please . imperatori non dono , sed non nego . i give them not to the emperour , but i deny them not . c i withstand him not ; i use no violence . d what i do , is for the emperours good ; quia nec mihi expediret tradere , necilli accipere ; because it would be neither safe for me to give them up , nor for him to receive them . what beseemes a free preist , i advise freely ; si vult sibi esse consultum , recedat à christi injuriâ ; if he desire to prosper , let him forbear to wrong christ . observe what belongs to the church , is christs , not the bishops . if any part of it be diminished , the wrong is done to god , and not to man. e ananias layed down his possession at the apostles feet ; but kept back part of the price . here was wrong done ; but to whom , think you ? not to the apostles ; no : f he lyed not unto men , but unto god ; he couzen'd god , and not man. this was the moderation of s. peter , and s. ambrose ; and we may not be drawn from this moderation . advise your great masters to embrace so much moderation ; as to wrong no man , but g to give unto caesar , what belongs to caesar , and to god , what belongs unto god. till then , however they may seem to prosper , they will never be secure . chap. xv. whether it be lawfull to take away the bishops lands , and to confer them upon the presbytery . . the church at this present , is much like her h saviour hanging between two theeves : but in so much the worse case , because neither of these are for our saviour . one , the independent , is wholly for stripping the church of all settled maintenance : with him the minister is to rely meerly upon the peoples benevolence . and reason good ; for he is no longer a minister , then it pleaseth that congregation . but the other , the presbyterian is like the chough in the fable , that would faine prank up himself with other birds feathers . i the bishops lands and revenues must be diverted , & divided , to maintaine parochiall pastors ; so you call them . k sacriledge you condemne ; but theft you like well of , so you and your fellow presbyterians may be gainers . quocunque modo rem , is profitable doctrine ; so you may have it , you care not , how you come by it , nor who smarts for it . l the man of jerusalem fel into such hands . . m prelacy must be abolisht ; that 's agreed upon . so far you go with your parliament , but you are against seizing of the prelates revenues , to private , or civill interest . that is , as i conceive , to any particular mans use , or for the service of the state ; as ye call it . i am just of your mind , and resolve with you , that this kind of impropriation could want neither staine , nor guilt . such was that in the dayes of , k. henry the eight ; which was deservedly cried out of , all the christian world over . but cry out you and your mr. beza with your stentorian voices , upon this n detestable sacriledge , your good masters are resolved upon the question , and have exposed the bishops lands to sale . so they may have these revenues to dispose of , they will venter stain , guilt , and curse too , say what ye can . . i must confesse , you would faine set a faire glosse upon this detestable act . you would have o those large revenues ( as you are pleased to call them ) to be passed over from the fathers of the church , to the sons of the church ; from the bishops to parochiall pastors , or presbyters . i call these parochiall pastors , sons of the church : because , though they be called fathers in respect of their parishioners ; yet are they but sons in respect of bishops , from whom they have their orders , and by whom , as ministers , they are begotten . for presbyters have not power to ordain a deacon , much lesse to ordain a presbyter ; as p hath been already manifested , & shall be more fully , if god give me life and leave , to examine the divine right of church government . . but since q these revenues must be diverted , or passed over from the fathers to the sons , to supply them with sufficient maintenance , who shall make the conveiance ? and when the conveiance is drawn with all the skill that may be , it is nothing worth , till the proprietary , the true owner give his consent , and confirme it . desire you to know , who is the true owner ? look upon god , he hath accepted them , and taken possession of them ; his they are by deed of gift . the charters usually run thus ; concessi , offero , confirmavi deo & ecclesiae , i grant , offer , or confirme to god and the church , such and such lands , mannors , or messuages . when they are thus offered , god accepts of the gift , and sets this stamp upon them , * they offered them before the lord , therefore they are hallowed . and again , r nothing devoted , or separated from the common use , that a man shall devote unto the lord ( whether it be man , or beast , or land of his inheritance ) may be sold , or redeemed : every devoted thing is most holy unto the lord . when it is once seperated from common use , it may no more return to common use ; since ( as your geneva note tells us ) ſ it is dedicated to the lord with a curse to him , that doth turn it to his private use . and of this curse they have been sensible , that have turned it to such use . observable therefore it is , that t this word , which we here translate devoted , or dedicated , signifi●s properly , destroyed , quia destructio imminet usurpan●il us illa , because destruction hangs over their heads , that usurp them . jos . . . &c. we translate this word accuesed : and u ● cu●se fell upon achan openly for medling with the accursed or devoted silver , and gold , and a costly garment . god made a●●ma● example of his justice to all posterity , that so the dreadfull end of him and all his , might strike a terrour into the hearts of all covetous persons ; that they medle not with that , which is dedicated to the lord. . achans fault was , that x he clancularily stole it , and dissembled , and put it among his own stuffe . but what you do shall be in publike , enacted by parliament ; and they shall not be seized to private or civill interest . your purpose is to have them diverted , or settled upon your selves , and your fellow presbyters , who are no private or civill persons . oh , no , you are the men , by whom the work of the ministery is cheifly performed . and yet i cannot but observe , that here is a diversion ; and what is diverted , runs not in the right channel , it is enforced another way . but y this ( you say ) will not be to ruine , but to rectifie the devotion of former ages , and turn pompe into use , and impediments into helps . there needs no proofe for this , ipse dixit , mr. geree hath delivered this in the pulpit ; it is enough , so it come from him , who is so well skilled in devotion , and able to rectifie former ages . but i am none of your credulous followers ; my faith is not pinned to your sleeve . indeed , to deale plainly with you , i am of another mind , and suppose , i have good reason for it . . that revenues were very anciently settled upon the church , can be no new thing to them , that are skilled in councels , fathers , and church history . but who were these lands settled upon ? to whose trust were these committed ? z that constantine settled revenues upon the bishops , is too too evident to be denyed . that the bishops had houses and lands long before constantines time , is manifest by the councell of angur , can. . as also by that of a paulus samosatenus ; whom the emperor aurelian ejected out of the episcopall house , after he had been deprived of his bishoprick of antioch by a councell of bishops . b in s. cyprians time and writings we read that the church was endowed with means . a little higher we may go in our own country , c we find king lucius in the yeer of grace . settling possessions upon the church . . neither were these means very small ; as some conceive . d s. austine was a gentleman well desended , and had a faire estate left him . and yet he professeth , that e the possessions of his bishoprick of hippo , were twenty times more then the lands of his inheritance . and yet his was none of the richest bishoppricks in africk . such was the devotion of former áges . . of these revenues the bishops had the profits ; they did f uti frui rebus ecclesiae ( as s. austin speaks ) tanquam possessores & domini ; they were gods trustees ; and yet as possessors and lords they disposed of the church goods . g at his see the government of the lands and oblations belonged to him ; but h to some of his clergie he committed the charge both of the one and of the other . but so , that once a yeer at least , he had an account from them , as from his stewards . i at his charge , as it were , the presbyters and other clerks of that church were fed and clad . indeed k the lands and goods of the church were so at the bishops disposing , that the steward might not distribute any of them , as he thought meet , but as the bishop directed him . this was not onely by custome , but by canon , that the bishop have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power to dispose the goods of the church upon the needie . and l if it happened , that any of the lands were alienated , or sold in the vacancie , it was in the succeeding bishops power to ratifie or make void the sale . . neither did the bishops innovate any thing therein ; they followed the steps of the prime and apostolick church ; as is to be seen apost . can. . and in the acts. there we read , that the christians , who were so charitably minded , m sold their lands , or houses , and layed the prices thereof ( not at the disciples , not at the presbyters , but ) at the apostles feet . after this indeed n the disciples choose out men of honest report , full of the holy ghost , and of wisdom , that might dispose of these legacies to such , as were to be relieved by the church stock . but this they did not of their own heads , but at the apostles directions , who reserved this power to themselves . the text justifies it ; o whom we may appoint over this businesse . so the apostles . hence is it , that s. paul commanded timothy , bishop of ephesus , to take care , that the presbyters be well provided for : p let the presbyters , that rule well , be counted worthy of double honor , of double maintenance . and to what purpose was this charge to timothy , unlesse he were to provide for the presbyters of his church ? i am certain , that it is most consonant to common sense , nature , and scripture , that q parents provide for their children , and not children for the parents . and is it not reason , that he , who sets the presbyters on work , should pay them their wages ? but bishop timothy was to set them on work ; r those things , that thou hast heard ( or learned ) of me , the same commit thou to faithfull men , who shall be able to teach others . and ſ charge them , that they teach no other doctrine then this . but if they do , what then ? t withdraw thy self from them . that is , eat not with them , let them not come to thy table , allow them no maintenance . what counsell the apostles gave others , without question they observed themselves . but s. paul commands , that u we eat not with open and notorious sinners ; and s. john , that we x receive not deceitfull preachers into our houses . the same rule then they observed themselves . for in those times y the bishop and his presbyters did usually live in the same house , and eat at the same table . in those times the bishops provided for the presbyters ; but our start up presbytery will so provide , that the bishops shall have just nothing left them to relieve their own wants ; all must be for mr. presbyter . . and why so ? because there are many z defective parishes in england , which want suffi●ient maintenance to supply their parochiall pastors with . but from whence comes this defect , or want of maintenance ? surely not from the bishops , not from their greedinesse , and wretchlesnesse : but from that detestable sacriledge ( a as beza and you call it ) which was by parliament acted and ratified under the reign of king henry viii . at the dissolution of abbeys the appropriations of tithes were taken into lay-mens hands ; which heretofore were appropriated and annexed to this or that particular religious house ; b which house ( according to mr. spelman ) was the perpetuall incumbent parson of each of those rectories , and did duely officiate the cure , by one of their own fraternity . then were there few , or no defective parishes . but upon these new statutes the lay appropriatoes swept all into their own custody and possession . from hence ariseth the want of congruous maintenance , in too many parishes , for him , or them , that serve those cures . and shall bishops smart for it , when lay-men have done the mischief , and purse up the profits ? dat veniam corvis , vexat censura columbas ; when the laity offends , the clergie suffers . is this justice ? but so the parliament do it , it is with you c valid in law , though injurious . but god and you are of severall minds . . nay , if this be done , if bishops lands be removed to presbyters , d there will be no danger of sacrilege . how prove you that ? e this ( say you ) will not be to ruine , but to rectifie the devotion of former ages , and turn pomp into use , and impediments into helps . this is somewhat like cardinall wolseys pretence , who dissolved fourty small monasteries of ignorant silly monks , to erect two goodly colleges , for the breeding up of learned and industrious divines . was not this to turn impediments into helps ? lo , he removed lazie drones , that did little but eat , and drink , and sleep ; that so learned men might be provided for , who would labour in the word and doctrine , and might be able to do church and state good service . was not this as fair a pretence as yours , or as any you can invent ? and how was this accepted of ? god , that forbids theft , will no more endure the offering gained by theft , f then by adultery . one of his colledges dyes in the conception ; the other remains unfinished to this day : and it pities me to see her foundations under rubbish . and a misery it is to take into consideration the ruine of this man , as also of that king and pope , who gave him licence to commit this sin . this attempt and grant opened a gap to the most profuse sacrilege , that ever christian nation , before that time , had been acquainted with . and yet , for ought i find , by this particular sacrilege there came no gain into any of their private purses . . but , i beseech you , what is the meaning of these words , this will turn pomp into use ? what your intent is , perchance i may gesse : but to take them according to the plain and literall sense , i can make no other construction of them , then this : if the prelates revenues were diverted , to supply with sufficient maintenance all those parochiall pastors , that want congruous maintenance , this would turn pomp into use . that is ; that pomp , which the prelates made no use of , the presbyterians would turn into use . if this be not the grammaticall sense , i appeal to any rationall man. and their essay in the divine right of church government , shews what their proceedings would prove . i must confesse , ye have marvellously improved the impediments , and turned them into helps . for the power and jurisdiction of bishops , which were the main impediments to schisme and heresie , you have covenanted to root up ; and have brought in all the helps , that may be , to further irreligion , and atheisme . while the bishops had power , heresies were rarae nantes , seldom seen , and suddenly supprest , if any such crept in . but now they flowe in by shoals , and have pulpits and presses cloyed with them . does not your own mr. edwards professe , that never was there such plenty of sects and heresies ? as many more in truth , as ever the church knew in former ages . onely , as g by julian the apostata , both pulpits , and presses are locked up to the orthodox ; no coming there for them , lest perchance they infect the auditories with sound and apostolike doctrine . . parochiall pastors are most necessary men ; by them the work of the ministery is chiefly to be performed . this is true , and not true . true in the fathers sense ; not in yours . h in the fathers sense a pastor is a bishop strictly so called , as by his order he is differenced from a presbyter ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no petty countrey or citie parish ; i it is a whole citie , with the precincts and countrey adjoyning , which were under the jurisdiction of the citie , and repaired thither for justice , if differences arose . with them paraecia was the same , that a diocese is with us . so a parochiall pastor , in the ancient and church sense , is a diocesan bishop : and in this sense , the work of the ministery is chiefly performed by the parochiall pastor . this pastor indeed can perform all ministeriall acts ; divers of which are clean out of a presbyters power . and yet you say , that by the parochiall pastor , who is with you but a presbyter , the work of the ministery is chiefly performed . not so , my good brother not so , not that work , without which the church cannot possibly subsist . and that is twofold ; first k the ordering of the church ; and ly , ordeining of presbyters . the chief works of the ministery , according to st. paul , are to regular the church , and to beget those , by whom the sacraments may be administred , and absolution pronounced . but these works may not , cannot be done by any , or many presbyters . in your sense therefore this proposition is false . . but why cheifly ? what , because presbyters offer up the prayers and supplications of the church ? because they are the usuall preachers , and dispensers of the sacraments ? these indeed are the most usuall and daily offices , and very necessary ; but i dare not say , that by them these offices are cheifly discharged . what say you to that principle of reason , l propter quod aliquid est tale , illud est magis tale ? especially if it be such an efficient or ministeriall cause , without which , in the ordinary way , there can be no such thing . but by a bishop a presbyter is made a minister of these holy duties ; & in the ordinary way , without him he could not be a presbyter . the bishop then doth cheifly performe the work of the ministery . the reason is , because illo mediante by his means , or mediation , that is done , which without him could not be done . the work of justice is usually performed by the justice of the severall benches . but i presume , you will not say cheifly ; that you will reserve to the parliament ; since you have sworne that to be m the supreme judicatorie of this kingdome . and in this treatise you have concluded , that n the parliament is the supreme court , by which all other courts are to be regulated . and as all courts are to be regulated by parliament , so are all presbyters to be guided by their own bishop . . cheifly , say you ; onely , saith your ordinance for ordination ; wherein you make the presbyter the onely minister . in your solemne league and covenant , ye resolve and vow o the extirpation of arch-bishops and bishops . and in both ye lay the whole work upon the presbytery ; as if they were the men , that could discharge all sacred and ministerial duties . no such matter ; the contrary is manifested . can any man imagine , that a common souldier , or an ordinary marriner , doth performe the cheife work in an army , or ship , because they take the greater toile to the outward eye ? no , no ; it is the pilot in a ship , the colonel in a regiment , the admirall in a navy , and the generall in an army , that discharge the cheife duties . without these there would be wise worke by sea or land. ev●ry one , that can pull a gable , or manage an oare , is not fit to be a pilot. every man that can and dare fight , and charge with courage , is not fit to be a commander . but the church is both a ship , and an armie . and i dare say , that every one , that can talke lavishly , or make a rhetoricall flourish in the pulpit , is not fit to be a bishop , or governour , in the church of christ . and yet q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for this cause left i thee in creet , that thou shouldest set in order the things , that are wanting , & ordain presbyters in every city . these are the duties of a bishop ; without which the church will suddenly be out of frame , and crumble into nothing . . in a ship , or regiment , no man comes to sit at the stern , no man attempts the cheife command , the first day ; if he do , both ship and regiment suffer for it . no ; they are trained up in their severall professions , and by degrees they rise till they come to the highest . thus was it in the ancient , and thus is it in the present church . if any be suddenly raised to a bishoprick , it is seldom for the good of that diocese . . but you and your fellow presbyters want congruous and sufficient maintenance ; down therefore must the bishops ; and their revenues must be divided amongst such good pastors , as you are . the levellers doctrine right ; the nobility and gentrey have too much , & the godly of the land to little : all therefore must be shared , that jack and tom may have a congrurus maintenance . if the great men of the land will not yeeld to this , the parliament shall be garbled , the nobility and gentry shall be turned aside ; and then look for a new covenant , and a fresh extirpation . dukes descend from profane esau ; marquesses , earles , vicounts , &c. are but heathenish titles , invented by the children of darknesse , and the children of light defie them . what ? are we not all adams sons ? are we not brethren in christ ? is it not fit , that we should all have share , and share like , as had the children of israel in the land of promise ? as long as the church onely was strook at , it was well liked of ; but now patience perforce , we must be leveled both in church and state. we shall find , that there is such a sympathy between them in all christian common-wealths , that they stand and fall , swimme and sink together . . what ? talke we of levelling ? that is enough to destroy the state and face of a kingdome . but in your project there will be no danger . how ? no danger ? no danger , ( say you ) of sacriledge . no danger in the subversion of the church ? surely this must be ruine to episcopacy , and consequently to the church . for no bishop , no church . r ecclesia enim super episcopos constituitur ; for the church is founded and settled upon bishops . so s. cyprian . think not , that we exclude christ . christ it is that layd the foundation , and settled the church so . and it is not for man to unsettle it , or to lay another , a new foundation . for other foundation can no man lay , then that is layed by jesus christ . but ſ we are built upon the foundation of the apostles and prophets . and bishops and apostles , are of the same order ; they are one and the same . t apostolos , id est , episcopos & praepositos dominus elegit . so s. cyprian , the lord made choice of apostles , that is of bishops & prelates . when therefore our saviour founded the church upon the apostles , he founded it upon bishops . who dare then after this foundation ? he that endeavours it , doth not build , but destroy the church . . is there no danger of sacriledge in robbing father and mother ? the bishop your father , and the church your mother ? for as in the church you were born anew of water and the holy ghost ; so if you be a presbyter , as a presbyter you have your being from a bishop ; or else you have no such being . but you return , that ye rob not the church : for you intend , that these revenues shall be settled upon church-men ; that is , upon presbyters . suppose , you rob but one , but your father , the sacriledge is detestable . for doth not the lord say , u who so robbeth his father , or mother , and saith it is no transgression ; the same is the companion of a murtherer . but to make the sacriledge more odious , i shall manifest , that ye have not onely robbed your father , but your mother also . the bishop your father is the husband to his particular church ; if then you rob him of his meanes , who will succeed in his roome , and become an husband to that church ? for though there be a thousand presbyters in a diocese , yet , x if she be without a bishop , that church is a widow . so that great councell of chalcedon . thus ye rob the bishop of his means , & that church of her husband . and wile a widow , she can bring forth but a bastard brood . consider that . . upon these motives i must tell you , that if his majestie shall gratifie either the parliament , or the assembly , in the abolition of episcopacy , and in sacrificing the church-lands to your , or their sacrilegious avarice , it will be such y a work , for which following generations shall have just cause to pitie , & lament him , that so good a man should either be cheated , or enforced into so foule a sin . his children and the whole kingdome would rue it ; and the generations to come ( unlesse the world turn presbyterian ) will speak of him as of king henry the eight : with this difference , that king henry wilfully plunged himself into this sin , and king charles was driven into it by an atheisticall and bloody faction . but i am confident , his majestie is seasoned with better principles ; he knows , it was z no excuse for saul , to confesse , that he had sinned , because he was afraid of the people , and obeyed their voice , not gods directions . a this king knew gods word , & rejected it ; god therefore rejected him from being king , and his seed from the throne . a lamentable case , to be frighted by a multitude , out of gods favour , and the crowne . but i hope , you have no saul in hand : our good kings crowne you may cause to totter , but not his resolution . ye may , and have robbed him of his prerogatives , revenues , and liberty : but you cannot imprison , or force his conscience , that will injoy her ancient priviledges , & freedome ; and these disasters shall end in a crowne of glory . his memory shall be honoured in our annals , and his posterity flourish in these thrones . amen , amen . chap. xvi . how far forth the king ought to protect the church and bishops . . it is confessed to my hand , that b the king is ingaged to his power , to protect the bishops , and their priviledges ; as every good king ought in right to protect & defend the bishops & churches under their government . reason requires no more ; and religion requires so much . for by that god , whom we serve , kings are made guardians , and c nursing fathers to the church ; and by the same god this ingagement is put upon them . not by man , not d by the author , as you seem to intimate ; nor yet by the bishops . one of the bishops indeed , in the behalfe of his brethren , and the whole clergie , humbly beseecheth his majestie to protect and defend to them , and to the churches committed to their charge , all canonicall priviledges , and due law and justice . the king with a willing and devout heart premiseth , to be their protector , and defender to his power , by the assistance of god. and afterwards at the communion table , he makes a solemne oath , upon gods own book , to observe the premises . this ingagement then is not put upon the king , but with a willing heart he takes it upon himselfe ; acknowledging that he ought to do so , if he be a good king. yea , ( saith sir edward coke ) e the king is bound and sworn to the observation and keeping of magna charta . his majestie then is but intreated to do , what he is sworne and bound to do . and since sworne and bound , he may not with a safe conscience give them up to the f wild boares of the forrest to root up the plants , or suffer the wild beasts of the field to devour this vine , g which the lords right hand hath planted . . that h the king is bound no further to exercise his power in the protection of the church , then he can do it without sinning against god , is most undoubtedly true : and it were not the part of a christian to desire more . for we know , that i the king receives his power from god , which is to be used , not against , but for god. not to protect the church to his power , is to break his oath , it is to desert that trust which god hath committed to his charge : and is not this to sin against god ? in the discharge of this dutie , he is so far from being injurious to the rest of his people , that if he should forbear it , it would prove the greatest mischeife , that can be imagined , to his people , and to their posterity , in their soules , in their estates ; and a perpetuall infamie to this nation . i need not prove it now , it is already done , cap. . sect . . &c. . that k his sacred majestie hath interposed his authority for the bishops , & put forth all the power he hath to preserve them , is that which vexeth your confederacy . and yet you cannot deny , but that every good king is bound in right to do so . what we ought to do , is our bounden duty ; and what we do in right , is justly done . oh , that this had been done in the right time . indeed he is not onely bound , but he finds it more then necessary to protect and preserve them ; for in protecting them , he protects himself , his throne , and his posterity . alas , he was strook at thorough the bishops sides . his wise father descried this long since , l no bishop , no king. what the father spake , his sonne our good king hath found true by woefull experience . his crowne hath sunke with their miters . . well , by your own confession , what our gracious king hath done , is right , and what good kings are bound to do , to the extent of their power . thus our good king is justified by his enemies , as m our saviour was by judas . if his majestie have endeavoured to do that , which is right , what are they , that have hindered him from doing it ? have not they done wrong ? how can they excuse themselves before god or man , that have so manacled our betrayed soveraigne , that he cannot do , what good kings are bound in right to do ? is this to be good ? is this to be just ? then have all the saints of god been utterly deceived . . n if after all this he must perforce let the bishops fall ; you and your schisme have much to answer for , that have driven him to this necessity . you seem to pitie his good subjects , who with their blood have endeavoured to support episcopacy . their swords were not drawn to maintaine this government , or the religion established ; they never learned to fight for religion . what they did , was done in submission to his majesties just commands , and to manifest their allegiance . but if these be good ; that have indangered their lives to uphold bishops , what are they , i beseech you , that have spent their blaod to root them out ? surely in justifying the former , mr. geree hath condemned the latter ; and when the waspes find it , he must look to his eares : . i must confesse , it is an hard case for one man to o ingage his life for the maintenance of other mens privileges . but who did so ? not a man ingaged himself ; but the kings command , the oath of allegiance , and the laws of the land ingaged every good subject , to assist his soveraign to the utmost . the king , according to his oath , endeavoured to maintain the laws of the land , to protect the members of both houses driven from parliament , to support the bishops ; and to suppresse those seditious and sacrilegious persons , which plotted and covenanted the ruine of religion , root and branch . though much the greatest part of the nobility , gentrie , and learned in the law , were deservedly moved to see majestie dethroned and blasphemed ; religion spurned at , and vilified ; the fathers of the church scandalized , and persecuted ; the laws of the kingdom , and liberties of the subject sleighted , and trampled on ; yet not a man of these took up the sword , till he was commanded by him , to whom the laws of the land , and the word of god have committed the power of the sword. this may not be called backwardnesse , or unwillingnesse , but pious discretion , which ever waits upon the soveraigns call . when therefore his majesty had set up his standard , i may truly say , p the governors of our israel offered themselves willingly among the people ; they did the king service to the utmost . had there not been a back-doore to let in a forrein nation , to divide the kings forces ; had not some of q the nobles of judah conspired with tobiah , held intelligence with him , and acquainted him with nehemiahs secrets , there never had been so many thanksgiving dayes , nor so much boasting , that god prospered the cause . god suffered david his own chosen servant , his anointed , and a man after his own heart , to be hunted as a partrige upon the mountains , to be frighted from his throne , and to live like a forlorn man ; and yet in his good time he restored him to his scepter in peace , and subdued the people to him . . and whereas you term them others privileges , as if they concerned no man but the clergie ; i dare boldly say , they concern every man , as he is a member of this church and realm . r if we have sown unto you spirituall things , is it a great matter if we reap your carnall things ? and if we reap not your carnall things , how shall we sowe unto you spirituall things ? this is worthy of consideration ; unlesse you have layed aside all care of the soul . have we some privileges , that the laity have not ? they are not ours alone ; they are every mans , that enters into orders . and orders are indifferently proposed to all , of all families whatsoever , so they be sufficiently qualified . high and lowe , noble and ignoble have reaped the benefit of these privileges . i have known some of high birth in orders ; and some of good rank , that have taken sanctuary under a priests coat . and we read of ſ a young man of the tribe of judah , of the most remarkable family , that was glad to turn priest , and to t serve by the yeer for ten shekels of silver , a double suit of apparell , and his victuals . if then our calling suffer , all families suffer in it , and with it . . but what if the laws of the land , what if magna charta do oblige all men to stand up for the due observation of these privileges ? if so , then must every man readily acknowledge , that all good subjects are bound to obey his majestie , when he commands that , which the law requires . view we then the words of that great and justly magnified charter , which are these . u reserving to all arch-bishops , bishops , earls , barons , and all persons , as well spirituall as temporall , all their liberties , and free customes , which they have had in times past . and all these customes and liberties aforesaid , which we have granted to be holden within this our realm ; as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall ( as much as in them is ) shall likewise observe the same , against all persons . mark that : are we not all , both spirituall and temporall , bound to maintain each others privileges , as much as in us lies ? . i know , you will return , that abbots and priors are provided for by the same law ; and yet they have since been taken away by act of parliament . i confesse it : but i shall desire you to observe in the first place , how they prospered , that were the contrivers and procurers of that act. ly , i cannot but take notice , that you with your master beza call that disso●ution x detestandum sacrilegium , detestable sacrilege , and such as was cried out of all the christian world over . it is not therefore to be drawn into president . ly , consider , i pray you , that y they who did so , are stiled enemies of our soveraign lord the king ▪ and his realm . ly , that great * councell of chalcedon , consisting of above . bishops , resolves , that no monastery , consecrated with the bishops liking , may be turned to a secular dwelling . and those that suffer any such thing , are lyable to the canonicall censures . ly , you will , i hope , make a difference between our saviours institution , and mans invention . bishops are of our saviours own institution , but abbots and priors are titles and orders of mans invention . and yet z hospitalitie , and alms , and other works of charity , for which these fraternities were erected , failed much with them . how those means were imployed , i shall not enquire ; but i am certain , that good and pious men have wished , that the abuses had been pruned off , and that the lands had been disposed of according to the doners intentions . this indeed had been pietie , not sacrilege . . how oft have the kings of this realm ingaged themselves to observe magna charta , and to maintain the rights and liberties of the church ? are not these the words of the statute , a we take the prelates and clergie with their possessions , goods , and chattels into our speciall protection and defence ? the princes of this land have bound themselves strictly to keep this great charter ; and have provided , that if any other shall do , or procure to be done , any thing contrary to this charter , it is to be accounted void , as soon as procured . take the words of the charter . b we have granted unto them ( the spirituall and temporal persons of this realm ) on the other part , that neither we , nor our heirs shall procure , or do any thing , whereby the liberties in this charter shall be infringed , or broken . but suppose , they shall make any such grant through ignorance , wilfulnesse , or evill counsell , shall it be of force ? the law saith , no. for it follows immediately ; c and if any thing be procured by any person contrary to the premisses , it shall be holden of no force , ne effect . you and your great contrivers , what have ye laboured for , all this while ? what have ye fought for ? what have ye shed so much blood for ? for wind , nothing but wind . for all the westminster orders and ordinances contrary to this charter , shall be holden of no force , ne effect . you had best then keepe your paper for a more necessary use . . and yet you tell his majestie , that d it is not equall to ingage the lives of some to uphold the honour of others . is it equall then , i beseech you , to ingage the lives of some , to destroy the honour and estate of others ? all this while you have been on the destructive part , all for rooting up , what the lords right hand hath planted , and for alienating the lords inheritance . and that ye might effect , what ye have subtilly projected , ye have ingaged the lives of many , who were very unwilling , to uphold the honour of some at westminster , that had overlashed , & ran themselves upon dreadfull rocks . i would to god , the commons of this kingdome would lay it to heart , how e cruell ye have been to many thousands to be indulgent to a few , to uphold the honour of a few . consider , how many thousands in england and ireland have been plundered , sequestred , imprisoned , maimed , and murdered , because they would not submit to the illegall , unjust , and irreligious decrees of the men at westminster . a compleat mercurius rusticus will make after ages stand amazed , and their hearts bleed within them , to consider , that such a nation as this , so blessed with peace and plentie , should be so miserably deluded , as to undoe themselves willfully , and sheath their swords into one anothers bowels , to save a lord and five members from tryall by law. . that you may perswade us , some way or other , that the king ought to give up the bishops , and their lands , since he hath hitherto protected them to the utmost of his power , you argue by supposition . f suppose ( say you ) a king put a commander into a city , and give him an oath to maintaine the priviledges of it , and keep it for him to his power : and this commander keeps this towne , till he have no more strength to hold it , unlesse he force the towns-men to armes , against the priviledge , which he hath sworne to maintaine . well , what then ? if this governour now surrender this towne upon composition , doth he violate his oath ? thus far mr. gerees question : what think you of it ? what any man thinks , is no matter ; g mr. geree thinks none will affirme it . and i think , there be many , that will affirme it ; and i am one of that number . good lord , to see , how mr. geree and i differ in opinion ! his is but thought without proof , but i shall give you reason for what i think , and say . . if this casuist speake to purpose , as he ought , he speaks of a king of this realme ; and no town within this realme hath any such priviledge , as not to bear armes against the kings enemies ; or not to keep it for his majestie , to the utmost of their power . the reasons are these : first , h these are the kings dominions and countries . ly , these towns and cities are part of these dominions . ly , the inhabitants and citizens thereof are his majesties subjects . ly , i all lands and tenements are holden either mediatly , or immediatly of the king. ly , this citie or towne is the kings ; otherwise how could he put a commander into it , and give him an oath to keep it for him ? i speake of towns within these his majesties dominions , which in all writings are called the kings cities , counties , and towns. ly , it cannot be imagined , that the kings of this realme would grant any priviledge destructive or dangerous to their owne safety . and we must take notice , that k all liberties at the first were derived from the crown . adde hereunto the severall acts of parliament , wherein l the peers and comminalty confesse themselves to be bound , and make faithfull promise , to aide their soveraigne at all seasons ; as also to assist and defned his , or their , rights , and titles , to the utmost of their power , and therein to spend their bodies , lands and goods , against all persons , whatsoever . but new lords , new laws ; and these statutes are out of date . . by this time , i hope , you see , that no towns-men have any such privilege , as to refuse to bear arms in the kings behalf . but they are bound by their allegiance , and the laws of this land to keep those towns for his majestie , & to defend them with all their might against his foes . if then the inhabitants shall be backward , the commander ought to force them to armes : and if he do it not , he violates his oath , and the towns-men their fidelity . and now you may tell your freind , that helped you to this supposition , that he is no skilfull apprentice at law. if then m the kings case be such in this particular , his highnesse may not recede from his oath , nor do any thing contrary thereto . . though this may seeme reasonable to sober men , yet n the onely objection ( as you conceive ) which lyeth against this , is ; that though it be not in the kings power to uphold them , yet it is in his power not to consent to their fall . though this be not the onely , yet is it a just objection , or rather a resolution ; which being rightly harkned to , will preserve the king from sin in this particular . for how ever you are so uncivill with his majestie , as to call it o peremtorinesse in him to deny assent to the fall , or abolition of episcopacy ; yet such as are learned to sobriety , know this to be christian prudence , and true fortitude , p not to fear them , that can imprison him , that can rob him of this earthly crowne , and slay his body , but to stand in aw of him , that can slay the soul , that can deprive him of his heavenly crown , and cast him into the infernall pit . oh , q 't is a fearfull thing to fall into the hands of the living god ; we are not therefore to be threatned , or frighted into sin . these things you can presse violently in the pulpit , but now you are beside both pulpit and text , beside modesty and truth . it is justice , religion , and courage , not peremtorinesse , to deny the least assent to sin . that it is sin to yeeld to , or confirme the abolition of episcopacy , is already manifested c. . . since it is to destroy an ordinance of christ ; which cannot be done without sin . . however then he may indanger his own crown , not save their mitres , yet he shall be sure , by denying assent , to save his own soul : for r without consent no sin ; and without sinne no damnation . ſ a woman ravished is free from fornication , because she assents not , but is really enforced ; and yet t he , that commits that sin upon her , must die for it . this is the kings case right : if he yeeld not , this is a rape upon his power , no sin in his person , since no assent . hence is it , that idolatry and oppression in scripture are charged upon kings ; because their assent makes a law. without the kings affirmative every ordinance imposed upon the people is not law , but tyranny ; since it is not legall , but arbitrary . our brethren of scotland say as much . take their words . there can be no law made , and have the force of a law without the king. declaration of the kingdom of scotland . p. . . that t it is in his majesties power , or not in his power to deny assent to the abolition of bishops , is most certainly true . but we must learn of you to distinguish between a naturall and a morall sense ▪ and then we shall find both true , that he can , and he cannot deny consent . in a naturall sense he may , but in a morall sense he may not . in a naturall sense he may ; because the will cannot be inforced . in a morall sense it is not in his power ; because he cannot now deny consent without sinne . so it is , and it is not in his power , or rather as s. austine speaks , u in potestate est , quod in voluntate esse non debet : that is in our power , which ought not to be in our will ; x the king then hath it in his power to yeeld , or not to yeeld ; because he may do , which he pleaseth . the book of god stands by , and adviseth him to do that , which is right in the sight of god , proposing blessings if he do so ; and menacing curses , if he shall do any thing contrary to gods revealed will. and all this while it doth but instruct & perswade him to do , what he ought and may , when he will. this then being in the kings power , he must take heed , he incline not to sin . . i cannot but resolve , that to forsake the naturall sense , if good , is to be unnaturall . to renounce the morall sense is against good manners , and the morall law. if therefore both senses may be kept , we are to preserve them both safe . with confidence therefore , i speake it , that it is not onely in his power , but * it is his dutie to be master of his negative voice , and to deny consent . if he deny consent , he does his dutie , & observes his oath . if he yeeld assent , he breaks his oath , and failes of his dutie . and this will prove no lesse then sin . i have already demonstrated , that episcopacy is agreable to the word of god , and that it is the institution of christ himself . it is sinne therefore to abolish it , or to consent to the abolishing thereof . you neither have , nor can justifie the contrary out of holy writ , or from the ancient and apostolike church . and yet the observations upon the ordinance for ordination have been extant in print above these three years . but you and your assembly rabbines take no notice of it , because you have not what to say against it . . but though you have neither scripture , councels , nor fathers , for the abolishing of episcopacy , yet you have reason grounded upon policy , to worke his miajestie to yeeld to this abolition . for ( say you ) he cannot now deny consent without sin . it seemes then , he might , without sin deny consent heretofore : but not now . and why not now ; as well as heretofore ? because ( say you ) x if he consent not , there will evidently continue such distraction and confusion , as is most repugnant to the weale of his people ; which he is bound by the rule of government , and his oath to provide for . thus sin shall vary at your pleasure : sin it shall be now , that was none heretofore . that shall be sin in king charles , which was vertue and piety in queen elizabeth , and all their religious ancesters . . y where no law is , there is no transgression . before then you prove it to be a sin , you must prove it to be against some law either of god or man. not against the law of god ; that 's already proved . not against the law of man ; since no man can sin against that law , to which he is not subject . * the laws are the kings ; he gives laws to his subjects , not his subjects to him : and we know no law of his against bishops . indeed the laws of this land are so far from the extirpation of bishops , that z the fundament all law of this kingdom approves of them . they then that are enemies to bishops , are enemies to the fundamentall law of this kingdom . and what is fundamentall , is in and of the foundation . if then a law be made to extirpate bishops , it grates upon the foundation , it is against the fundamentall law of this realme , & it contradicts that law of laws , the word of god. besides , we are assured by that learned in the law , justice jenkins a that it is against the kings oath , and the oaths of the houses , to alter the government for religion . but an alteration of this government , must necessarily follow upon the abolition of episcopacy . yea with bishops , not onely the church and religion will be ruined , but the very government and laws of the kingdom will be so confounded , that the learned in the law will not know , where to find law. they must burn their old books , and begin the world upon the new model . all this will amount to no small sin ; it will be to the shame of this land ; to the ruine of those two noble professions , divinity and law ; and to the common misery of the people . . these reasons premised , i shall justly return your own words upon your self , in this manner . it is not in the kings power to consent to the abolition of episcopacy , because he cannot now yeeld consent without sin . for if he consent , there will evidently follow such distraction and confusion , as is most repugnant to the weal of his people ; which he is bound by the rule of government , and his oath to provide for . i say so , and true it is ; because it is evident to every discerning eye , that there are as many , and those more considerable , that are cordially for episcopacy and common prayer , as are against them . indeed they are not so factious , so mutinous , and bloody as the other . what multitudes are there in this kingdom , that mourn and grieve to see religion so opprest , so trampled on , and almost breathing out her last ? in truth it is palpable , that these seditious and irreligious courses have ingendred , and propagated , and will continue such distraction and confusion in church and state , as is most repugnant , not onely to the present , but to the eternall wedl and salvation of his people : both which he is bound to provide for , but more especially for the later . . and whereas you say , such distraction and confusion will continue , unlesse episcopacy be abolished ; if seems , you are resolved to continue these distractions . but , god knows , and your words testifie , that it is not the calling or the office of a bishop , that is offensive ; it is b their honour , and their wealth , which you aim at ; c these , with their revenues must be shared amongst you of the presbyterian faction ; and then all shall be well . till then we must look for nothing but fire and sword . hence it evidently appears , that neither episcopacy , nor the kings dissent , but your ambition and avarice have been the true cause of these distractions and combustions . d such a sedition as this there was in the time of moses about the priesthood ; because every man might not sacrifice , as , when , and where he pleased . because corah might not wear a miter , and go into the most holy place , as well as aaron . and yet who dares say , that the priestood was the cause of those uproars ? . that insurrection was against moses and aaron , against prince and priest : but against the prince for the priests sake ; because the prince would not endure , that every one should meddle with the priests office , or strip him of his means and honour . that conspiracie was linsie-woolsie , loomed up of clergie and laitie . korah , the son of levi was the ring-leader ; and c with him two hundreth and fiftie of his own tribe . to these were joyned f dathan and abiram , great princes , and men of renown ; such as were eminent in blood , and of the tribe of reuben . and was not the crie the same then , that is now ? g moses and aaron , prince and priest , ye take too much upon you , seeing all the congregation is holy , every one of them , and the lord is among them ; wherfore then lift ye your selves above the congregation of the lord ? the prince and priest did but their duty ; and yet are obbraided with pride . god raised them to their places ; and they are charged to raise themselves . but moses justly retorts upon them , what they had falsly cast upon him ; h ye take too much upon you , ye sons of levi. what ? i is it not enough for you , that god hath separated you from the multitude , that he hath taken you neer himself , to do the service of the lords tabernacle , but you must have the priests office ? but you must be k offering incense , as well as the high priest ? the priest of the second order would needs be equall with the chief priest , the priest of the first order . and is it not so now ? have we not just cause to say to you , ye take too much upon you , ye presbyters , ye sons of bishops . what ? is it not enough for you , that god hath separated you from the multitude , that he hath taken you neer himself , to do the service of the lords house , and to administer the sacraments ; but you must have the bishops office ? but you must be giving orders , as well as the bishop ? surely this is to assume that power to your selves , which god never committed to any presbyter , while a presbyter . . last of all , i cannot but observe , that when the lord had punished these schismaticall and seditious persons , l the tumult ariseth afresh against moses and aaron ; they cry out upon them as m murderers , as if these two had slain the people of the lord : for thus they call that factious and damnable crue . but the lord decided the controversie , and shewed manifestly , who were his ; first n by consuming the mutineers with the plague ; and secondly , by causing o aarons rod , when it seemed to be quite dead , to revive , even to bud , and blossom , and bear fruit in the tabernacle . p thus the mouthes of the rebellious children were stopped , and gods ordinance justified . q oh , that salvation were given unto israel out of sion : oh , that the lord would deliver his people out of captivity . oh , that we might see aarons rod once more bud , and blossom , and bring forth almonds . r then should jacob rejoyce , and israel should be right glad . chap. xvii . whether there be two supremacies in this kingdom . . in this treatise ſ you blame those , that seem to set up two supremacies ; and yet you cannot see the same beam in your own eye . you are of kin , sure , to those lamiae , those witches , that were blind at home , but quick-sighted abroad . thou , that findest fault with another , doest the same thing . for do not you say plainly , that t there 's a supremacie in the king , and a supremacy in the parliament ? i hope , you know your own language . clodius accusat . it is an usuall thing for your confederacie , to charge the king and his good subjects with that , which your selves are either guilty of , or intend to induce . . what , two supremacies , two superlatives , at the same time , in the same kingdom ? is this possible ? what , because there is summus and supremus ; because there are two superlatives of the same word , shall we therefore have two supremacies in the same realm ? is not this flatly against the oath of supremacy ? wherein you , and i , and your great patriots , have sworn , that the kings highnesse is the onely supreme governour of this realme , and of all other his highnesse dominions and countreys . but the king hath been so long out of your eye , that he is now out of your minde , and the parliament shall at least be his corrivall in the supremacy . take heed , take heed of perjury . i can tell you of severall acts of parliament since the reformation , that u lay a penaltie of fourty pounds , upon every particular perjurie . if his majestie had all these forfeitures , they would satisfie his debts , and make him a glorious king after all these pressures . . but you clip his majesties wings , though ye make him flie ; and tell us , as x you conceive , that the supremum jus dominii , the supreme right of dominion , which is above all laws , is not in the king. to say it is in him , is in this , in our state a manifest error . why , what 's become of the oath of supremacy ? have we forgot that ? was not that provided for this state ? in our state this is no error ; in yours it may be ; or else you are in a manifest error . certainly the members have sworn , that the king is the only supreme governour of this realm , or state. and that he is so , as well in all spirituall or ecclesiasticall things , or causes , as temporall . if he be the onely supreme , how shall we find another supreme , or an equall to him within his own dominions ? if he be so in all things and causes both ecclesiasticall and temporall , what thing or cause is there , wherein he is not the onely supreme ; or wherein he hath any other supreme joyned to him ? for certain , these particles onely and all , are exclusive of any copartner . . but you will chalk out a way , whereby to elude , or avoid this oath , and the restrictions therein . there 's a supreme parliament , as well as a supreme king. or , a supremacy is in the parliament , and a supremacy in the king. an excellent arithmetician , he hath learned to multiply ; of one , and one onely , he hath made two . thus have they raised division out of unity : and from hence are these distractions and divisions , which are so repugnant to the weal of the people . this is one of their new lights , which is borrowed from their multiplying glasse , that makes a molehill as bigge as a mountain , and a spider as large as a sea-crab . but when the multiplying glasse is layed aside , the spider will be but a spider . . well , let us see , how you make good this twofold supremacy . y the supremacy , or the supremum jus dominii , that is over all laws , figere or refigere , to make , or disanull them at pleasure , is neither in the king , nor in the houses apart , but in both conjoyned . here then we are fallen back to one supremacy . and this supremacy is not the kings onely ; but it is the parliaments , as well as his . this is to skip from monarchy to aristocracy . kingdoms indure no corrivals ; and z kings have no peers . but this man hath found one thing , wherein the king hath peers ; and consequently is not the onely supreme governour of this realm . strange , how that parliament , and all since that time have been so mistaken , as not to see their own right , but to ascribe all to the king ; and that in a point of so high concernment . surely they wanted this young preacher , to bring them in a new light . but i beleeve , it will appeare , that the supremacie over all laws to make , or disanull them , is in the king alone , at the petition of both houses : and that those parliaments knew full well . . for satisfaction in this point i shall observe , what scriptures , fathers , and some modern writers have resolved concerning kings . s. petter plainly and fully a ascribes supremacy to the king. submit your selves ( saith he ) to every ordinance of man for the lords sake : whether it be to the king , as supreme ; or unto governors , as unto them , that are sent by him . kings are sent by god ; to them therfore we submit for the lords sake . all other civill governours are sent by the king ; to them therefore we submit for the kings sake , that sent them . answerable hereunto are those passages in tertullian , that b the emperor is homo a deo secundus , & solo deo minor , c in dei solius potestate , a quo secundus , post quem primus , the man second to god , and lesse then god onely . that he is in the power , or under the command of god onely ; from whom he is the second , and after whom he is the first . optatus saies as much ; d super imperatorem non est nisi solus deus , qui fecit imperatorem ; there is none above the emperor , but god alone ; who made him emperor . and what the emperor was in the empire ; the same is the king of england within his own dominions . for e the crown of england hath been so free at all times , that it hath been in subjection to no realm , but immediately subject to god , and to none other . hence is it called f an empire ; and g the imperiall crown of this realm . . the greeke commentators are so full for obedience to kings , that h they will not yeeld , that an apostle may be freed from this subjection . this doctrine s. paul justifies ; i i stand ( saith he ) at caesars judgment seat , where i ought to be judged . and after this appeal he resolves , that k no man , not the president himself , may judge him , or deliver him to be judged by any other . nay after this the president himself might not release him . so king agrippa , l had not this man appealed to caesar , he might have been set at liberty . are not these strong evidences of the kings supremacy ? that learned grotius gives a sure rule , whereby to know , on whom the supremacy is settled . m that ( saith he ) is the supreme civill power , cujus actus alterius juri non subsunt , whose actions are not subject to any other mans censure , or law. but such is the king , n qui sub nullo alio , sed sub solo deo agit , who lives in subjection to none , but to god onely . for o who may say unto him , what doest thou ? when therefore david had sinned , he cries out unto the lord , p in te solum peccavi , against thee onely have i sinned , thou onely canst call me to account hence is that resolution of all the learned of this church , in the time of king henry viii . among whom were bishop carnmer , and bishop latymer , q although princes do otherwise , then they ought to do , yet god hath assigned no judges over them in this world , but will have the judgement of them reserved to himself . and the judgement of the great lawyers in france is this , r rex solus ▪ the king onely is the supreme lord of all the subjects , aswell lay , as ecclesiasticall , within his own dominions . ſ all other men live under judgment ; & cum deliquerint , peccant deo , peccant & legibus mundi ; and when they offend , they sinne against god , and against the laws of the land. . but i know , you relye more upon the laws of this land , then upon the laws of god ; and upon our lawyers , rather then the fathers , and out best divines . i shall therefore transgresse my profession . & shew you , what their opinion is . t this realme ( say the statutes ) is an empire , whereof the king is the supreme head ; and consisteth of the spiritualty and tempora●ty , over which the king hath whole power , and jurisdiction . are you of this realm , or are you not ? i●●on be , then are you either of the spiritualty or tempora●ty and if of either , then wholly under the kings power the whole power is his ; why seek you to rob him of it ? of this realme the king not the parliament , is the supreme head : one head not two . he that makes two supremacies , makes a bul ; and he that se●● two heads upon one body , frames a monster . . indeed they are so far from having any supremacy , that they are subjects as well in , as out of parliament . u when king edward the confessor had all the earles and barons of the kingdome assembled in parliament , he cals them all , his leige men my lords , you that are my leige men. perchance you may say , the king calls them so , but that makes them not so . you shall therefore have their own acknowledgement , in parliament , thus . x we your most loving , faithfull , and obedient subjects , representing the three estates of your realme of england . thus the whole parliament united into one body . false therefore is that proposition , that the king is major singulis , sed minor universis , greater then any , and lesse then all the inhabitants of this realme . for here the representative body of the three estates of this kingdome , assembled in parliament , in their highest capacitie , acknowledge themselves to be the queens subjects , and her most obedient subjects ; because to her , they thus assembled , did justly owe both subjection , and obedience ; which none that are supreme , can owe. and these are due to his majestie & à singulis , & ab universis , from one , and all ; from every one singly , and from all joyntly . . secondly , when they are assembled in parliament , they petition , as well as out of parliament . this is evident by the acts themselves ; wherein we read , that y our soveraigne lord the king , by the assent aforesaid , and at the praier of his commons . the same words are repeated hen. . c. & . and in queen elizabeths time , the parliament humble themselves in this manner , z that it may please your highnesse ▪ that it may be enacted , &c. i might come down lower , but i shall satisfie my selfe with sir edward cokes report , b who assures us , that in ancient times all acts of parliament were in forme of petitions . mr. geree himselfe acknowledgeth , they should be so now . c the king ( saith he ) may passe a bill for the abolition of episcopacy , when his houses of parliament think it convenient , and petition for it . either then the houses have no supremacy , o● else they humble themselves too low , when they petition his majestie . but this supremacy of parliament is one of the new lights , that were lately wafted into this land in a scottish cookboate . . thirdly , what supremacy can there be in those , that may not lawfully convene , or consult , till the king summon them ; and must dissolve and depart , when the king command ▪ the writ it self runs thus , d prelatis & magnatibus nostris , quos vocari fecimus . to the prelates . and our nobles . whom we have caused to be called . and e sir robert cotton , out of elie register , tels us that parliaments were assembled at first as now , edicto principis ( not at their own , but ) at the kings pleasure . and sir edward coke assures me , that f none can begin , continue , or dissolve the parliament , but by the kings authority . and let me tell you , that if his majestie shall withdraw himself from parliament , it is not for your great masters to inforce him to return , but to g pray his presence , and to inform his majestie , that if he forbear his presence among them fourty dayes , that then by an ancient statute , they may return absque domigerio regis , to their severall homes . this is all they ought , or may do . . fourthly , whereas , according to your words , h the parliament is to regulate all other courts ; the court of parliament is to be regulated by the king. for the time , that is already manifested , to be at his majesties pleasure . and for the matter , that is prescribed , and limited by the king ; i super praemissis tractare , to consult and advise upon such things , as the king nominates , and prescribes . and if credit may be given to iohn speede , he tells us , that k the great lawyers judgments , in king richard ii. time , concerning orderly proceedings in parliaments , run thus . that after the cause of such assembly is by the kings commandement there declared , such articles , as by the king are limited for the lords and commons to proceed in , are first to be handled . but if any should proceed vpon other articles , and refvse to proceed vpon those limited by the king , till the king had first answered their proposals , contrary to the kings command ; such doing herein contrary to the rule of the king , are to be punished astraitors . and he cites the law books for what he saies . truly i am the rather induced to beleeve , what speed delivers , because sir edward coke gives us the reason , why , and how far forth , the king relies upon his parliaments . l the king ( saith he ) in all his weighty affairs used the advice of his lords and commons ; so great a trust and confidence he had in them . alwaies provided , that both the lords and commons keep them within the circle of the law and custom of the parliament . the reason , why the king useth their advice , is because he hath a great trust and confidence in them . but alwaies provided that they keepe themselves within the circle of the law , and custome of parliament . but how if they deceive the kings trust , and abuse his confidence ? how if they break the lawfull circle , and transgresse the customs of parliament ? how then ? what speede hath recorded , i have shewn you . but what the king may do in this case , i shall leave to the masters of the law to determine . . last of all , the king regulates their consultations . for in his breast it is , whether their bills shall become laws , or no. observe ; though the advice and assent be theirs , yet the power of ordaining , establishing , and enacting , is in the soveraigne . the statute books shall be my witnesses . m the king by the advice , assent , and authority aforesaid , hath ordeined and established . and again , n be it enacted by the queens most excellent majestie , with the assent of the lords spirituall , and temporall , and the commons , &c. hence is it , that they are called the kings laws . and o the king is called the head of the law ; because from him it is derived ; from him the law receives both life and force . p his breast is the shrine , or deske , wherein all the laws are stored up , and preserved . if any man make question of this , present experience will satisfie him . for do not the houses at this day petition his majestie , to make that a law which they have voted ? take their own words in that high message sent to holdenby house in march last . we the lords and commons , assembled in the parliament of england , &c. do humbly present unto your majestie the humble desires and propositions , agreed upon by the parliaments of both kingdoms respectively . vnto which we do pray your majesties assent . and that they , and all such bills , as shall be tendered to your majestie in pursuance of them , or any of them , may be established and enacted for statutes and acts of parliament , by your majesties royall assent . which words , though very high , do manifest , that there is neither majesty , nor supremacy , nor power in this , or any other parliament , to make , or repeale laws . it is at the kings pleasure to establish and enact them for laws and statutes , or not . this our neighbour scotland sees , and confesseth that regall power and authority is chiefly in making and enacting laws . declarat . of the kingd . of scotland . p. . . from hence it appears , first , that there is no supremacy in the parliament , without the king. secondly ; that the supremum jus dominii , the supreme right of dominion , which is over laws , to establish or disanull them , is in the king alone . for a bill not established , is of no force , it is no law. ly , that q the king is the supreme magistrate ( as you are pleased to call him ) from whom all power of execution of laws is legally derived . and ly , if the power of execution be derived from the king , much more is the power to regulate . for he , that gives them power by his commission , to put the laws in execution , he gives them rules in the same commission , whereby they must be guided ; and sets them bounds , which they may not passe . if they transgresse either , the king hath a legall power to revoke their commissions , and to dispose of them , to whom , and when , he pleaseth . hence is it , that all courts , and the judges of those courts , are called the kings courts , and the kings ministers of justice . and when we are summoned to appear in any court of justice , the processe runs coram domino rege , before our lord the king : because the kings person and power is there represented . and though his majestie be over-born , and against all law and reason kept from his courts of justice , yet in all writs you are fain to abuse his name ; though he be no way accessary to these lawlesse , and illegall proceedings . how these courts have been regulated , since his majesties forced departure , this kingdom is very sensible , and laments to consider it ; god amend it . . upon these grounds i argue thus . they , that are subjects ; they , that are suppliants ; they , that owe obedience to an higher ; they , that cannot lawfully convene , or consult , till they be called by another ; they , that must dissolve their meeting at anothers command ; they , that are to be regulated by another ; they , that can onely advise , perswade , entreat , but not enact a law , have no supremacy . but the whole parliament sever'd from the king , are subjects , are suppliants ; they owe obedience to an higher ; they cannot lawfully convene , or consult , till they be called by his majestie ; at his command , they are to dissolve their meeting ; by him they are to be regulated ; and q without him they cannot enact a law. the major is evident , to every intelligent eye . the minor is demonstrated , sect. . . . . . . . . i must therefore upon these premises necessarily conclude , that the parliament , in that sense you take it , hath no supremacy . . that nothing may be wanting , i shall give you the resolution of our sages at law , concerning the kings unseparable and incommunicable supremacy ; that so all mouthes may be stopped . bractons resolution is this , r rex habet potestatem & jurisdictionem super omnes , qui inregno suo sunt . the king hath power and jurisdiction over all , within his own kingdom . plowden saith as much ; ſ the king hath the sole government of his subjects . here is no man , no societie of men exempted ; all under the king , and solely under the king. where then is the parliaments supremacy ? not in this kingdom ; it must be looked for some where else . . secondly , t ea , quae sunt jurisdictionis & pacis ad nullum pertinent nisi ad regiam dignitatem : those things , which concerne jurisdiction and peace , belong to none but onely to the royall dignity . u the same he affirmes of restraint , and punishment . these then belong not to the parliament ; since that cannot chalenge royall dignity . where then is their supreme power ? all power almost consists in jurisdiction , ordering of peace , and punishing offenders . and all these are flowers of the crown . yea , x the power of the militia , of eoyning of mony , of making leagues with forreigne princes ; the power of pardoning , of making of officers , &c. all kings had them , the said powers have no beginning . if then all these and many more are peculiar to soveraignty , what is left for the parliament ? why surely if you will , to be the kings supreme or chief councell , and his capitall court. this they are ; and this is an high honour to them being rightly used . . thirdly , y omnis sub rege , & ipse sub nullo ; every one is under the king ; but the king is under none , but god onely . the supremacy then must needs be in the king ; who is superior to all but the god of heaven . and over the supreme there can be no earthly superior . to admit a comparative above the superlative in the same kinde , is a solecisme not onely in grammar , but in reason , and religion . yet , though no superior , there may perchance be an equall to this supreme . there may so ; but not within his own dominions . z rex enim non habet parem in regno suo ; a the king ( saith the statute ) hath no peer in his land. and if justice jenkins may be heard , he tels us , that b the houses in parliament confesse , the king to be above the representative body of the realm . they are not therefore his equals ; and so have no supremacy . when i can be perswaded , that any , or all the members of the body are equall to the head , then i shall be apt to beleeve , that there may be two supremacies in a kingdom . but i am confident , that c a wife may as safely admit of two husbands , as a kingdom of two supremes . for d the king is sponsus regni , that husband , who by a ring is espoused to this realm at his coronation . but a ring is superstitious , and husbands are grown out of date . the onely thing in request is liberty , to take or leave what and whom we please . . but e the parliament is the supreme court , by which all other courts are to be regulated : what say we to that ? this i say , that the parliament is f curia capitalis , the supreme court of this kingdom : and yet his court it is , whose courts the rest are . it is therefore called g curia regis , and h magnum concilium regis , the kings court , the kings great councell : yea and the kings parliament . sir rob. cotton justifies it from the parliament rowles . i henry iv. began his first parliament . novemb. . k the king began his second parliament jan. . and of henry vii . thus : l it is no doubt , but he would have been found as frequent in his great councell of parliament , as he was in the starre-chamber . and this very parliament , how oft have they called themselves , the kings great councell ? they are so , and they are no more . but why am i so carefull to heap up instances ? your self call it . his , the kings , parliament , p. . and his houses of parliament , p. . . if then in your sense , we take the houses without the king , there is no supremacy in them , either severally , or joyntly : since they are but subjects , and the representative body of subjects . and under this consideration they cannot regulate other courts , unlesse the king give them power to do so . but take the houses with the king , and then it is most true , that there is a supremacy in the parliament ; and that it hath power to regulate all other courts . but this supremacy it hath by , and from the king ; and from no other . we therefore professe with that learned mr of the law , that m the parliament is the highest , and most honorable and absolute court of justice of england , consisting of the king , the lords of parliament , and the commons . the lords are here divided into two sorts , viz. spirituall and temporall . when such an assembly meets , and each house and the members thereof keep themselves within their proper limits , i dare be bold to say , that this court is assembled as it ought , n for provision for support of the state in men and money ; and well ordering of the church and common-wealth ; and determining of such causes , which ordinary courts nesciebant judicare , were not skilfull to determine . o these are the causes of such assemblies . . but truly , when they are thus assembled , i do not conceive , that they have power to p make or disanull all laws at pleasure ; but upon just and necessary occasion . for there is great danger in altering laws without urgent cause . innovation in government makes an alteration in state : & sudden alterations are not for the safety either of bodies naturall , or bodies politicke . observe , what the mirror of his time k. iames speaks : q we are not ignorant of the inconveniences , that do arise in government , by admitting innovasion in things once settled by mature deliberation : and r how necessary it is to use constancy in the upholding of the publik determinations of state. for that such is the unquietnesse and unstedfastnesse of some dispositions affecting every yeer new formes of things , as if they should be followed in their unconstancy , would make all actions of state ridiculous and contemptible . whereas the stedfast maintaining of things by good advice established , is the weale of all common-wealths . there is often danger , seldom pleasure in the change of laws . truly since the laws-have been neglected , and varietie of ordinances have supplied their roome , ſ we have been fed with the bread of tears , we have had plentiousnesse of tears to drinke . we are become a very striffe unto our neighbours ; and our enemies laugh us to scorne . . that the king in parliament doth usually make or alter laws , as the necessity of the times , and common good of his subjects require , is no rare thing . yet this ought to be done with much care and deliberation ; that so nothing be enacted , which may be justly greivous or destructive to his leige people . sithence , according to your determination , t he cannot lawfully make any ingagement to any , against the laws , and legall rights of others . your reason is because , u that were not cedere jure suo , sed alieno , a parting with his own , but with other mens rights . the same reason will hold against the parliament . suppose we should grant , what we may not , that the king and parliament are equals ; it follows necessarily , that whatsoever is unlawfull for one , is unlawfull for any other of the same ranke and power . if then it be not lawfull for the king , neither is it lawfull for his great councell , to take away the legall rights of others against law. and therefore not the legall rights of bishops , deanes and chapters , or any other of the clergie . for by the laws of the land , we have as firme an interest , and as true a freehold in those possessions , wherein to we are admitted , or inducted , as any other of his majesties subjects have in theirs . boast not of your power ; x power must attend upon justice , not go before it , nor over-rule it . i● justice take place , it is a judiciall , a just power ; but if power over sway justice , the government proves tyrannicall . . as for the power of making laws , we must know , that y by the common law , which is guided by the light of nature , and the word of god , that power is acknowledged to be in the king. who is leg●●us superior , as * fitz harbert speaks , above the law. but the soveraignes of this realme to reitifie the tender care they have of their peoples welfare , and the desire they have to injoy their love , have so far condescended in the stature law , that they will not henceforth do so without the advice & assent of the houses . this is not to give them a supremacie , but to admit them to advice . this is the way to win the most refractary , to submit to those laws , whereto they have given consent either in person , or by proxy . besides , z what is concluded on with good advice , by common consent , and hath the opprobation of diverse wise , learned , and religious persons , gives better satisfaction to all in generall , then what is done by one alone , be it never so well done . and yet to this day the power of ordeining , establishing and enacting laws , is reserved wholly to the crowne . most of these statute laws are as so many royall legacies bequeathed to this nation , by the severall soveraignes and fathers of this countrey . a not a liberty or priviledge , b not any land or tenement , but is originally derived from the crowne . such hath been the goodnesse and bounty of our princes to us their unworthy subjects . all we have , is from them : and now we take all from them . is this gratitude ? we serve god and the king alike ; we are resolved to seize upon all , that is called sacred . and i have learned , that not onely c the kings house , but d his very lands are called in law patrimonium sacrum , the holy patrimony . is not this that sacra fames , that sacred hunger , which is so greedy of all that is called sacred ? . brand not us , poore clergie-men , with foule and fained aspersions ; delude not the people with false & forged suggestions . e whose legall priviledges , or rights have we invaded , or sought after ? when did we ever desire , or perswade his majestie , to do the least injurie to people , or parliament ? your own conscience clears us in the generall . and your own profession is , that f you cannot but have a better conceit of the major part of the clergie , at this time , that they will not be so tenacious of their wealth and honour , as t● let the crowne run an hazard . if then we will , and have parted with that , which is justly ours , rather then in the least manner we would prejudice the king , or wrong our own consciences ; certainly we cannot perswade the king g to make any ingagement to us , against the laws , and legall rights of others . if any particular person have offended in this kind , we make no apologie for him : upon just proofe let him have a legall censure . this kingdom cannot but take notice , that we have been so far from incroaching upon others , that we have parted with u● own rights , though not with gods. we have deserted all we had , to preserve a good conscience . this is truly cedere jure suo , to part with our own , that we may not faile that trust , which is committed to us . we justifie gods right , and lose our own . . we confesse , that h the king is bound to maintain the legall priviledges of people and parliament ; but not so , as to destroy gods rights , or the priviledges of his ministers . that be farre from him . i suum cuique , the true princely justice is , to be just to god and man ; to give god what is his , and impartially to his subjects , what is theirs , as also what truly belongs to them in their severall places and professions . his majestie knows full well , that the liberties of the subject , the priviledges of parliament , and rights of the clergie , have long consisted and prospered together . take away the vine , and the elme will beare no fruit ; take away the elme , and the vine will fall to the ground , and be trod to durt . . that k the king hath been alwaies ready to confirme needfull ( not wanton , not malicious , not destructive ) bills , cannot be denyed by any of his impartiall & conscionable subjects . the quarrell raised against him is , because he will not suffer gods inheritance , and the churches patrimony to be devoured ; because he will not endure gods service , and all religion to be trampled on ; because he end eavours to releive his poore people the clergie , against whatsoever greivance they suffer , or threatned to be enforced upon them . the same favour he alwaies hath , and is at this time forward to afford to all his good people , and loyall subjects . yea , even to those , that are neither good , nor loyall . . but before i take my leave of your case of conscience , i shall resolve you , what a pious designe you have ventered on , and what a rock you have run your self upon . you will , i hope like the better of it , because it comes from that law , you most delight in . the statute saith , l when a man secular or religious slayeth his prelate ; to whom he oweth faith and obedience , it is treason . if then it be treason to slay the prelate , what sin is it to murder prelacy ? certainly by how much the sin is greater to destroy the species , all mankind , then one particular man ; by so much is the treason more heinous more abominable to kill episcopacy , then any one bishop whatsoever . and yet this you have endeavoured to the utmost of your power . for this i shall leave you to the law , and to those , m whom the king shall send for the punishment of evill doers . pray we therefore for the safety of our soveraigne , and that he may with speed be restored to his throne ; for these times have made us sensible with rabbi chanina , that n were it not for fear of him , alter alterum vivus devoraret , one would devoure another quicke . . o thus i think , by this time , i may safely conclude , that it is sufficiently cleared , that neither as a king , nor as a christian , may his majestie in justice , or conscience , ingage himselfe , or yeeld consent either to the extirpation of episcopacy out of this church of england , or to the abrogation of the just priviledges of his clergie , or to the alienation of their lands . since by your confession , p he cannot lawfully make any ingagement to any , against the laws and legall rights of others . and the king is so just ; that he will never do , what he cannot lawfully do . observe the plagues of such men , as are never touched with the miseries of others . they commonly fall under the same judgment , which others unpittied have tasted before . d. corn. burges . fire of the sanct. p. . . finis . errata . pag. . l. melsalinus , r. messalinus . p. . l. . cardiner r. gardiner . p. . l. . let , r. set . p. . l. . perpetull , r perpetuall . p. . l . cut off . r. cast off p. . l. teneatur , r. tenetur ib. l. possit . r. posse . ib. in marg . l quisquis r. quisque p. l. . are you of r. you are of . ib l. . nation r. nation into ib l. ● disolate . r. desolate . p. l . viii . r. vii . p l ▪ o rives r river . p. . l. depends , r. depend . ib. l. . obstinentis r. obtinentis . p. in marg . l. concessimo , r. concessimus . p . l. nlt. distructive , r. destructive , p. . l. . not upon , r. not set upon . p l. . abolishet , r. abolished . p. . l . overnor , r. governor . p. l. . changing terme , r. changing the terme . ib , l . . and the ministerial . p. ● . l. . yet r. that p. l ult ttle , r. little . p l. . distroied , r destroyed . p. ●● . l. penult . regular , r. regulate p. . l. . the justice , r. the justices . p. l. . after , r. alter . p . in marg . l. . other , r. others , notes, typically marginal, from the original text notes for div a -e a i. d. p. . psal . . . c sam ● . . d psa● . . e . reg. . . . f the fire of the sanctuary p. ● . g ib. p. . h nathan ward p. ●lt . i a● ▪ . . k ib v. . l ib. v. . m ib ▪ v. . notes for div a -e episcopus . notes for div a -e a i. g. p. . b mr. challenor● speech . c i g p. . d s. luk. . . e i● . v. . . f ex. . . g ex. . . h that such an union is ●●n●●p●●si●i●e ●●p●●si●i●e , 〈…〉 the king condescend in the point of episcopacy l. g. p. . i for the king to condescend renitente conscientiâ , though it might gratifie us , it would be sinfull to himself . i. g. p. . k i. g. p. . l the oath taken at the kings coronation hath been prest by some learned pens with that probability , &c. i. g. p. . m neither have they that i know , received an● satisfactory answer in print i g p. . n it may ●e a work worthy some pains to resolve this case ▪ and clear your obj●ctions , that while they stand unanswered , cast an ill reflect on both upon the king in condescending to abrogate episcopacy , and the parliament , in pressing him to it . i. g p. . o the bond of the k●ngs oath may be taken off two waies either by clearing the unlawfulnesse of it i. g. p. . p though it be granted , that episcopacy is lawfull ▪ yet notwithstanding that his oath , the king without impeachment may consent to the abrogation of episcopacy i g. p. . a it was vinculum iniquitatis , and so void the fi●st day : for qui jurat in iniquum obligatur in contrarium , ● . g p. . b i. g. p. . c i. g p. . d s pet. . , . e i. g. p. . f solemn league and covenant . ● . g. p. . h ier. . . i s. pet . . * as scripture is the rule of church ▪ government ▪ so christ is the sole root and fountain wh●nce it originally flows i. d. p. k ambr. de dignit sacerd c. . l hieron . in mat. . . m gen●ad apud balsam . p. . n s ioh . . o hilar in mat. can p cyril in io. l. c. . q hieron i● gal. . ● . r calvin in cor . . ſ wal ▪ messal . p. . t theo in phi. lip . . k ignat ad eph. l theodoret ▪ in tim. . m walo . messal . p ● . n i● p. . o timoth●m apostoli munere & officio functus est ib p . . p ib. p. . . q smect . answ . to the remonst . p. . & . r epaphroditus by s ●au●●● ●● called the apostle of the p●●lippians , b●caus● h● had sent him to the philippians to confirm their church , and therein to ordain them ●resbyters and bishops walo . messal p. . ſ tit. . ● . t ephes . cor. . x s. luk. . cor. . , . y ● joh. . . z ordinance for ordinat . p . a ib. p ▪ . b i. g. p. . c psal . d s. jude v. ▪ e i. g p . f i. g p . g i g. p . h i. ● ▪ ● ▪ ● ▪ i ordinance for ordinat . p . k i. g. p. . l rom. . . m thou couldst have no power at all , ag●●nst me , except it were given thee from above s. jo. . . n ier. . . o ier. . . p prov. . . q ier. . . r ier. . . ſ reg. . . . t ib. v. . u tim. . . x gal ▪ . . y tim. ▪ . &c. z i. g. p. . a ib b act . . c act ▪ . . d presbyters are by christs warrant in scripture indued with power to rule in their own congregations , as well as to preach . see tim. . & . . heb. . ▪ thes . . . i g. p. . e tim. . . f tim. . . g ib. v. . h i. d. p. ● ▪ i tim. ▪ ▪ k tim. ▪ ● ▪ l heb. . . m ib n c●nt . . o episcopus est pres●yt●●is pr●positus cypr ep . p cor ● . . philip. . ▪ q tim . . tit ▪ . . r tim. . . t it . . & . . ſ tim . . t tim. . . u tit. . . x tit. . . y tim . . . z beza & piscat . in loc . a si qui cum episcōp● non sunt , in ecclesid non sunt ▪ cypr. ep . ▪ n. . b thes . . ● . c hilar. dial. rom. in loc . apud ambros . d theodoret ▪ in ●he● . . . e calvin in loc . f caluin i●stit . ● . ● . c. . sect. . g as prelacy stood in ●ngl●nd , the presbyters were ●x●●●●ed from all soc●●tie in rule . i. g p. . h which was much more preiudiciall to the dignity & lioerty of the ministery , the presbyters w●re subiected to a lay chancelor . i. g. p. . i the clergie & their priviledge● are subiect to the parliament . i. g. p. . k greg naz. orat . . ● . l an● was not here ●●urpation against gods direction ? i. g. p. . m i. g. p. . n though this way o● i●validating the k●●gs oath be most satisfactory to some , i. g. p. . o tim. . . p tim ● . q gen. no●e in loc . r yet to those that are not onvin●ed of the unlawfulnesse of ep●scopacy , it will not hol● . i. g. p. ● z it would cast the res●lution of th●s ●ou●t a●out the oa●h , upon another qu●stion touc●●●g the l●wfulnesse of episcopac● , which is a lar●er feild . i. g p. . a i. g. p. . . b i sh●ll endeav●u● to shew , that though for argument s●ke , it be grant●● , that episcopacy●e ●e lawfull i g. p . c i. g. p. . d i. g. p. . e . s. joh. . f ier , . , . g ib. v. . h ib. v. . i calvin in amos . . k aug. ep . . l nunc malori libertate & fiduciâ veritatem profitemur : ne al●oqui per ●miditatem hâc poenâ mulctemur , ut deo minimè placeamus greg. naz. orat. n. . m the protestation . n art . o viii elis . . p xiii . elis . ● . q act. . . r rom. . . ſ s. joh. ● . . t artic. . u rom. . . x gal . . y act. . . z s. mat. . . a com : prayer book , at the communion . b s ioh. . . c s. matt. . . d act . . . e tim . . f rom. , . g heb. . . h exod. . . exod. . . &c. i levit. . . k psal . . . l ier. . . m zanch. n i. d. p . o hug. grotius de jure belli . l. . c. . sect. . & . p statim posttempora apostolorum , aut etiam eorum tempore , constitutum est , ut in unâ uroe unus inter caeteros presbyteros episcopus vocaretur , qui in suos collegat hateret pr●●minentiam pet. molin de munere past . p. . q zanch. de verâ reformand● eccles ratione . thes . . r ib. thes . . sect. pono . ſ jurisdictionem ●otsm , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reddo episconis . melane . ad ioach. carner ● ep . . t io. u io. ep . x ib. y ib. ep . . z ib. a ib. b i. d. passim . c i. d. pre●at . sect. the imputation . d ib. e p. melane . apo● . confes . aug cap. de ord eccles . f politiam canonicam non reprehendimus . ●b . c. de ●otest eccles . g ib. de ord . eccl. h ib. de potest . eccles . i veteres ho● saepe habent , non differte aliâre ab episcopo presbyterum , nisi quia ordinandi potestatem non habet . calv. instit . l . sect. . k epipha . haer . . l vbi distingui ordines & gra●us caepti sunt , atque episcop 〈…〉 exit it pr●●ly 〈…〉 , tum ordinatio non potuit esse utriusque commnois . wal. messal p. . m s luk . . n qui apostoli vocabantur duo rum generum fuere , primi & secundi . primi à christo missioné suam acceperunt , immediatè ab ipso missi secundi ab ipsis aposto lis walo messal . p ● . o ephes . . apoc. . p ● cor . . &c. ● . q phil. . r ● cor. . . ſ gal. . . t walo messal . p. . . . &c. u ib. p. . x eph . . y ib. v. z col. . . a s mat. . . b i. d. p. . . . c calv. in ep . ded. ad edvard ▪ somerseti ducem . d tim . . e tim. o. . . f calvin arg in . & . ad tim. g beza in tim. . . h walo messal . p. ● . i calvin . in tim. . . k tit. . . l ib. m ad philippenses eum misit , ad ecclesi●m eorum confirm and am , & constituendos in eâ presbyteros & episcopos . walo messal . p. . n chrysost . in philip. . . o i. g. p. . p i. g. p. . q ib : r ie● . . ſ hoc jus ipsum postulat , quo quisque tenetur . zanch. in praecept . de juramento . thes . sect. actionem . t ib , sect. quid fit . u ib. thes . sect. quid. sit . x philo iud de special . leg ● . y quid i●●â caecitate tenebrosius , ad obtinendam inanissimam gloriam , errorem hominis aucupari , & deum testē in corde contemnere ? quasi verò ullo modo comparan●u● sit error illius , qui te bonum putat eirori tuo qui homini de 〈◊〉 bono placere stu●●s , de 〈…〉 displices deo aug. in gal c. . z gravius est peccatum , facere contra publicum s●●enne jusju andum , quàm contra privatum . zanch. in praecept . thes . sect. actionem . a jer. . . b omnino juramentum quisquis suum . sine ullo prorsus dot● , aut de●raudatione , ●u●● gentium legeque dei , ipsis etiam hostibus , & latronibus fervare teneatur : eosque à nemine hominum ta●i i●r●méto lib rari possit . zanch in , praecept . thes . . c gen. . . d levit. . . e s. matth. . . f exod. . . g mal. . . h s. isa . . . i zech. . . k levit. . . l hos . . . m zech. . . n ecclus. . . o chron , . . p reg. . . . q zanch. in . praecept de juramento thes . . sect. prima igitur . r nihil judicandus est dicere , qui dicit aliquae iustae esse mendacia , nisi aliqua iusta esse peccata , ac per hoc aliqua iusta esse , quae iniusta sunt . quo quid ab surdius dici potest ? aug. cont . mend . c. . i g. p. . t i. g. p. . u es . . x num. . . y sam. . . reg. 〈…〉 &c ▪ a concil . chalced . can . . b c. . c ministris carere non potest ecclesia , qui externas res administrent , ver●um & sacramenta . zanc. in . praecept . de minist eccles . . . sect ontavo . d act. . e ● . joh. . . f s. ioh. . . g neque vel solis lumen ac calor , velcibus ac potus tam sun ▪ prae send v●tae foven dae ac sustinendae necessari● , quam est conserv●ndae 〈…〉 rris ecclesiae postolicum , ac 〈…〉 storale munus . calvin . instit . l. . ▪ , sect. . h cypr. ep . . n. . i ib. k i. g. p. . ib. ● m i propose to consideration , whether the in tention of this oath be not only against a ty●●nnous invasion on the rights of the clergie : not against an o●derly alteration of them , if any prove inconvenient , and to protect them against violence , not against ●egall wayes of change . i. g. p. . n aug. ep . . o aug ep . . p c. quacunque . quaest . . q euseb hist . l . c. . r iren. l. . c. . ſ sulpit. sever. hist . l. . t hierom. ep . . c. . u perjurare fidem , mentiri , nobile factum : prodere vel dominos , actio digna viris . rog. hove . in r. steph. p. x i. g. p ▪ . . y sir ed : coke in litleton ▪ ● . . sect. . z this is as much , a 〈…〉 rationall for a king to underta●● & th r● . f 〈…〉 in ●●g●● reason the oat● should have no other ●●n●e i g p. . a this oath to the clergie , must not be intended in a sense inconsistent with the kings oath to the people , first taken for their protection in their laws , and liberties . i. g. p . b s. mat. . . c rom . d ib. v. . e lex divina sicut deo●●rtur ●●rtur , ita à solo also tolli , aut abroga●i po●est lex autem human● sicut per hominem con●tituitur , ita ab homine tolls , aut abroga●i potest . franc. à v●ctor . relect n . f tho. . ● . ● . . . g tho. ib. h i ▪ b. i gul. ockam de jurisdic . in causis matrimon . k fitzherbert . nat . brev . tit . protection . p. . l gal. . . m rom. . . n for then the latter oath would be a present breach of the former , and so unlawfull . i. g. p. . o ib. p eccles . . . q ib. v. . r lex terrae . p. & . ſ eccles . . . t gen. note in loc . u i●c . . x lexterrae , p. y i d. p. . z i. g. p. . a ib. b deut . . exod. . . d num. . . e iosh . . . f ib. v. . g iosh . . . h gen. . . i exod. . . k levit. . . l ib. v , . m ib. v. . . n ib. v . o rom. . . p reg . . q chron. . . . r reg. . . ſ tim. . . t tit. . . u s. pet. . . x s. mat . . y bp. la●yme● ser. before k. edw : vi. z sir edw : coke reports , d . part . levesque de winchesters case . fol. . a i. g. p. . b ib. c the kings oath taken at coronation i. g. p . d the kings oath to the people , first taken for their protection ▪ &c. i ▪ g. p. . e mag. charta ●● these words are added to avoid all scruples that this great parliamentary charter might live , and take effect in all successions of age● for ever . sir ed coke in loc . g sir edw coke proeme to magna charta . h ib. i ib. k sir ed coke in mag. chart c. . l mag cha c. . m ib. c. . n sir ed. coke in mag. chart. c. ▪ sect. et habe . bunt . o sir ed. coke in litleton l. , sect. . p ib. in sect. q ib. in sect. . r nullu● ali●● praeter regem potest episcopo demandare inquisitionem ●●ciendā . bract. l. ● . ● . ſ sir ed. coke in mag chart c. . sect e● habeat . t sir ed coke instit part l c . sect o● what persons . u mag. cha. c . x sir ed coke proeme in mag. chart. y he cannot afterwards in●age himsel● to any particular estate to exempt it fr● this power : for by that oath at least cessit ●●re suo i g p ▪ z conce●●imo deo , quod ecclesi● a●glicana libera ●it mag. cha. c. . a sir ed. coke proem . in mag. chart. b i. g. p. . c s. pet. . . . d lex terrae . p. . e ib. . f i hope they will not now claim an exemption from secular power . i. g. p. . g cor. . . h es . . . i meaning , that kings converted to the gospel , shall bestow their power and authoritie , for the preservation of the church gen note in is . . . k but if the● be under parliamentary power , how can it ●ationally be conceived to be th 〈…〉 meaning of the kings oath to pr●s●rve the privi●edges of the c●er●● against that power to which they are legally subject ? i. g. p. . l canons eccles . ●an . . m eliz. . n ib. o can eccles . can . . p eliz . q or how were the oath in that sens● consistent with the p●ivil●●●e of the nation ▪ formerly ●●orn to ●y the king. i. g. p. . r thou shalt count the priests holy , and reverence them . gen. note in levit. . . ſ if the oath had such a sense in the times of popery , when the clergy were a distinct corporation , yet when that exemption was abolisht , as a branch of antichristian usurpation , the change of their condition must needs change the intention of the oath . i. g p. . z b● . latymers serm. before k. edw. vi. march ▪ . a ecclesia est infra aetatem , & in custodiâ domini regis , qui tenetur jura & haereditates suas manu tenere , & defendere . sir ed : coke in mag , chart. c b ib. c vnlesse they will say , that the crown stands still ingaged to them , to maintain such priviledge● , as by act of parliament were long since abolisht : which is to make his oath to them contariant to that taken before , for the maintenance of the laws . i. g. p. . d gen. . ▪ e it ▪ s apparent then , to make the intention of the oath to be against legall alteration of their priviledges by parliamēt , makes it unlawfull , and so not obligatory . and if it be not intended against legall alteration , the king may passe a bill for the abolition of episcopacy when his houses of parliament think it convenient , and petition for it , without violation of his oath ▪ i. g. p. . g i. g. p. . h ib. p. . i ib. p. . k he that hath power to consent hath power also to dissent . l cor. . . m lex terrae , p. , . n i. g. p. . o ib. p ib. q prov. . . cujus iussu nascuntur homines , huius iussu & reges constituuntur . iren. l. . p. . r chron. ▪ . ſ ib. t i. g. p. . u rom. . . x ib. y s. pet. . , z magistratibus ex animo de●erendus est honor , 〈…〉 etiam tyrannis . beza in act. . a psal . . . b i. g. p. . c ib. d the king is sworn to maintain the laws of the land in force at his coronation yet no man questions , & the constant practise shews , that it is not unlawfull after to abrogateany upon the motion , or with the consent of his parliament . i. g p. * declarat . of the kingd . of scotland . p. . e eccles . . f ib. g lex terrae , p. h sir ed. coke in litleton , l. . sect. . i i. g. p. . k ib. p. . l sir ed : coke in litleton , l. . sect. . m s pet. . . n rom. . . o gen. . . p ib. v , . . q ib. v. . r gen . . ſ ib. v ▪ . t ib. v ▪ ▪ & . u lex terrae , p. x s. pet. ▪ , . y i. g. p. . z ib. a prov. . . b cor. . . c s. matth. . ● . d christ is the head of his body , the church . col. . . . e s. joh. . . f rom. . . g cor . . &c. cor. &c. cor. . . . h i. g. p. . i ib. p. . . k ib. p. . l ib. m i. g. p. . n i. g. p. . o iust●s est animus qui scientia atque ratione , in vitâ ac moribus ▪ sua cui . que distribuit . aug. de trin ▪ l. . c. . p rom. . . q ea , quae contra legem dei fiunt , ju●ta esse non poss●nt . ●ug cont mendac . c. . r i. g p. . ſ i. g. p. . t sir ed. coke in litleton , l. . sect. . u lex terrae , p. x it is no statute , if the king assent not to it : and he may disassent . lex terrae p. . y cor. . . z ib. v. . a ib. v. . b ib. v. . c ib. v. . d ib. v. . e cor. . . f aug. in reg. . g the ancient rights , laws , and liberties , are the birthright of the subiects of this land. declarat . parl. july . p. . h cor. . i i. g. p . k i. g p. . l this distinction of the clergie from the laity , that they should be a distinct province of themselves , being a branch of popery , s with it quite extinguisht . i. g. p. . m es . . n psal . . &c. o isa . . . p ib. q gen. note in loc . r isa . . . ſ gen. note in loc . t heb. do . . u i. g ▪ p . x thou which teachest another , teachest thou not thy self ? thou , that preachest , a man should not steal , doest thou steal ? rom. . . y tit. . . z rom. . . a act. . . b gal. . . c cor. . . and . . . ● . d act. . . ● . rom. . . act. . . g s. matt. . . &c. s. m at . . s. ioh. . . k iud. . . l eliz. . m i. g. p. . n numb . . . & . . o heb. . . p occumen . in loc . q i. g. p. . r ib. p. . ſ moses tribum levi , à communione populi segregavit . joseph . antiq. l. c. . t deut. . . num. . . u num. . . . num ● . . &c. x num. . . y num. . . z gen. . . a vndoubtedly that privilege was abolisht , that any society should be exempt from secular power : for that were to set up supremacies● g p. . b ib. p. . c tertul ad scap. c. . d bracton . temps h. . l. . c. . sect. . sir ed● : coke in litleton la. sect. . e . ed. . . f sir ed. coke in litleton , l. . sect. . g ib. h cod. asric . can . . i tim. . ● . k ib. v. . tit. . . l tim. . , . . m beza & piscat . in loc . n tim. . . &c. o tit. . ▪ p piscat . in loc . q sir ed. coke in litletop , l. . sect. . r ib. ſ ib. sect. . t and why may not the great revenues of the bishops b● divided , to maintain a preaching minister● ▪ and their iurisdiction also , for the better over sight and censure of manners ? i. g. p. ● . u cyp ep . . n. x quod non peri●●ium metuere debemus , de ●ffenlâ domini , quando aliqui de presbyteris ●ec evangelii , ●ec loci sui memores , sed neque suturum domini judicium , neque nunc sibi praepositum episcopum cogitantes , quod nu●quam omnino sub antecessoribus factum est , cum contemptu & contume●ià praepositi totum sibi vendicent ? atque utinam non prostratâ fratrum nostrorum salute sibi omnia vindicarent cyrp ep . . y ignat ad philadelph p . z gen. . . a gen. . b ib. & v. . c ezra . . d mac. . . e ib. v. . f ib v. . g ib. v. . h ib v. . i heb. . . k ecclus . . l exod. . . m ecclus. . . n ex. . . . o ecclus. ● . . p philo iud. de vitâ mosis . q ib. r es . . s● soli episcopi & presbyteri propri● jam vocantur in ecclesiâ sacerdotes . aug. de civit . dei. l. . c. . t psal . . . u rom. . x s. mat. . s. luk. . . y gal. . . z ib. v ▪ . a act. . . . b s. ioh. . . c act. . . d tim. . . e primas . in th ● . ● f cor . . g theod. in loc . h philip. . . i ruffin hist . l. . c. . k theod. hist . l . c. . l euseb . de vi●â constant . mag. l . c. . m gelas . cyzie . l. . c. . n ruffin . hist . l . c. . o euseb de vitâ constant . m. l . c. . p theodoret. hist . l. . c. . q euseb . de vitâ constant m. l. . c. . r ius graeco-rom●tom . . lib. leonis & constant tit. . n . ſ reg. ● . . &c. . . t gen note in reg. . . u ib. x immunities arising from the error of the times , not the tenure of scripture . i. g. p . y one of the privileges of the clergie was for the bishops to sit and vote in the house of peers . yet that is abolish● as incongruous to their calling i. g. p. . z lex terrae p. a sir ed. coke in litleton , l . sect. . b omne factum , si rectè factum non est , peccatum est , nec rectè factum esse ullo modo potest , quod non à rectâ ratione proficiscitur . aug. de util . credendi . c. . c gu●d . pancirol . de magistrat ▪ municipal . c. . d ib. c. ● . e ●useb . de vitâ constant . m. l. . c f psal . . . g psal . ● ● . h exod. . . . &c. i . reg. . . k iustice ienkins inconven . p. . l ib. m ib. n ib. p. . o exod. . . p sit ed. coke instit . part . c . sect. of what persons . q mag , charta . c. . r s. mat. . . ſ rom. . . t gal. . . u ib. x rom. . . y s. mat. . . z defensionem ecclesiae anglic●●ae , that is gone . just ienkins inconven . p. . a sir ed coke instit . part . c. . sect. the matters . b iustice ienkins inconvenien p. . c ib. p. . d chron. . . e ib. v. . f sam. . vzzah died before the ark , for usurping that , which did ▪ not appertain to his vocation● for this charge was given to the priests , gen. note in chron . g mai. . h numb . . i chron. . . k ib. l ib. m chron. . . n ib. v. . o ib. ● . . p ib. v. ● . q num. . . r chron. . . ſ chron. . . t sir id coke inssit . part . . c. . sect. the matters . u ib. x iust . ienkins inconven . p ▪ y iust ienkins inconven . p ● . instit . ●●● . ▪ c . sect of what persons ▪ z sir ed. coke ib. a . cor. . . b s. p●● . ▪ . c lex terrae p. d sir ed coke instit . part . ● c. . sect. of what persons . f beda eccles ▪ hist l. . c. . g bafil . m. ●p . ● . h rog. hoveden . in hen. ● . p ▪ . i confer . at hampt . court p. . & . k reg. . . l tim. : . m occumen . in ioc. n ● ed. c. . & . ed. . c. . o hos . . p gen. note in ioc. q hos . . . r and then why may not the removall of their ecclesiasticall iurisdiction be consented to , as well , if it prove inconvenient & prejudiciall to the church . i. g. p. . ſ the abolition of the one , is no more against the oath then of the other . i. g. p. . t i. g. p. . u in all which respects the oath was invalid ▪ being vinculum iniquitatis . i. g. p. . x ib. p. . y ib. p. . z ib. p. . a ib. b ib. c act. . . d i. g. p . e ib. f s mat ▪ ● . g i. g. p. . h ib. i ib. k ib. l ib. m ib. n ib. o ib. p. . p haereticus est , ut mea fe●t opinio , qui alicuius temporalis commodi & maximè gloriae principatusque sui gratiâ , falsas ac novas opiniones vel gignit , vel sequitur . aug deutil ▪ credend . c. . q i. g. p. ● . r ib. ſ princeps supra legem divinam non est , positailla quippe ab eo est , qui supra ipsum est : neque supra naturalem , quae aboleri non potest nisi cum naturâ ipsâ . io. be daeus de jure regio c. . t lex terrae p. . u . joh. . x i. g. p. . * all kings by the royall office , and oath of coronation , are obliged to protect their laws and subjects . declarat of the kingd . of scotland . p. y i. d. p. . z calv. lex jutid . in verbo ius . a i. g. p. . b ingagements to a societie to maintain their rights , indulged for the personall worth of present incumbents , or to promote the usefulnesse of the office : if in their matters they prove prejudiciall to the office , or the succeeding officers by their ill demeanour forfeit them , their ingagement becomes alterable . i g p. . c reg . . d ib. v. ● . e gen. ● . . f lactan. instit . l. . c. . g vbi iusticia ve ra non est , nec ius potest esse . quod enim iure fit , iustè sit . quod autem fi●imustè , nec ●●re fieri potest . aug. de civit . dei. l. . c. . r see c. . sect . ſ aug. de civit. dei. l. . c. . t aug de civit . dei l . c. . u ib. x aug. ib. l. . c. . y i. g. p. . z of the later sort , is this ingagement to the english clergy . ib. a ezra , . b ib. v. . . c ezra . , . d ib. v. . e ib. v. . f ezra . . g ezra . . h ib. i i. g. p. . k cap. . . l act. . . m ib. v. . n there 's no injustice done to make a law to overrule or alter this ingagement . i. g. p. . ● sam. . . . p there 's no question of power in the parliament , to overrule it . i. g. p. . q reg. . . r the ingagement were gone in law , though not in equity . the order would be valid in law , though injurious . i. g. p. . ſ ib. t ib. u aug. in psal . . . x tho. . ● . q. . . m . y i. d. p. . z aug. in psal . ● . . a ib. b the kings oath is against acting or suffering a tyrannous invasion on laws and rights , not against a parliamentary alt●ration . i. g ▪ p. c so if there be no injury , the king and parliament may cancel any obligation . i. g p. . d ib. e ib. f where there is forfeiture by miscarriage , or the privilege indulged to a ministery , proves preiudiciall : the abrogation will be just . ib. g cor. . . h ib. v. . & rom. . . i if we have sowen unto you spirituall things , is it a great thing , if we shall reap ▪ your carnall things ? cor. . . k act. . & thes . . . thes . . . l cor. . . m cor. . . n thes . . . o cor. . . p the privilege indulged to a ministery ( which ought to hold nothing but for publick good ) proves predudiciall . i. g. p. . q ● . d. p. . &c. r mag ▪ char. c. . ſ rog hoveden in hen. . p. . t ib. u prefat . de non temerand . eccles . x i hope , they will not be so tenacious of their wealth and honor , as to let the crown run an hazard , rather then lay down their miters , and indanger the whole land to be brought to nothing , rather then themselves to moderation i g. p. . a in cod. edgar● apud selden . in notis . ad eadmer . p . n. . b ersi abbas , vel fratrum aliquis , incitante daemone , reatus quippiam contraxerit ; quia deus , qui hanc privilegii largifluam donationem locumque cum universâ monachorum familiâ , ruraque omnia sa●io subiecta coenobio possidet , nunquam rea●um commisit , nec ullo unquam tempore committet . sit igitur prae●ata libertas aet●rn● , quia deus libertatis possessor aeternus est . ib. c act ▪ . . y take it at the worst , it is but for the king to get the clergies consent i. g. p. . z no injurie done to him , that consents . a jonah . . b ambros . orat . in auxent . de basil . tradend . ep . l . c tradere bafilicam non possum , sed pugnare non debeo . ambros , ep . . d ambros . orat . in auxent . de basil . tradend . e act. . . &c. f ib. v. . g s. mat. . . h s. luk. . . i i. g. p. . k ib. l s. luk. . . m to abolish prelacy , and seize the revenues of prelates , to private , or civill interest , undoubtedly could neither want stain , nor guilt , such kind of impropriation as happened in the dayes of h. . was cried out of , all the christian world over . i. g. p. . n ib. o who knows not the great defect amongst us , of congruous maintenance for ▪ parcchiali pastors , by whom the work of the ministery is chiefly to be performed , i. g. p. . p c. . & . q if those large revenues of the prelates were diverted ●o supply with sufficient maintenance all the defective parishes in england , there would ●e no danger of sacrileg● i. g. p. . * numb . . . r levit. . . ſ gen. note in levit. . ● . t caiet , in levit. . . u jos . . . x ib. v. . y i. g. p. . z euseb . hist . l. . c. . sozom l . c. . a euseb . hist . l. . c. . b cypr ep . . . c mat westminst . an dom . d possed , de vitâ . august c . e aug ep . . f aug. ep . . g possid . de vitâ august . c. . h ib c. . i ib. c. . concil . antioch . can . . k cypr. ep . . & concil . chalced. can . . * concil . anti. och . can . . l concil . ancyr . can . . m act. . . . . & . ● . n act . . o ib. p tim. . . q cor. ● . . r tim . . ſ tim. . . t tim. . . . u cor. . . x joh. . y possid . de virâ august , c. . z i. g. p. . a ib. b prefat . de non temerand . eccles . c i. g p. . d i. g. p. . e ib. f deut. . . g theod. hist . l. . c. . h ignat. ad rom. p. . hieron . damas . ep . . . basil . m. ep . . cypr. ep . n. . & ep . . n. . i concil . antioch can . . . christ . justellus in cod . eccles . univer . can . . k tit. . . l that , by , or for which , any thing is made so , is more so . m solemn league and coven . n. . n i. g. p. . o sol. league & coven . n. . p i. d. q tit. . . r cypr. ep . . n. . ſ ephes . . . t cypr. ep . . n. . u prov. . . x concil . chalced . can . y a work , for which following generations should not need to pity the king , as put upon it by misfortune : but rise up , and call him blessed , whose many other disasters ended in so good , and so usefull a work . i. g. p . z sam. . . a ib. ● . . b you see the ingagement put upon the king , is but to his power : as every good king ought inright to protect and defend the bishops & churches under their government . i. g p c isa . . d i answer from the expressions in the oath it self , a● they are set down by the same author . i. g. p. . e sir ed. coke proem . in mag. chart. f psal . . . g ib. v. . h such power is no further , then he can do it , without sinning against god , and being injurious to the rest of his people . i. g. p. . i rom. . . . k when he hath interposed his authority for them , and put forth all the power he hath to preserve them : he hath gone to the extent of his power , and as far as good kings are bound in right . i. g. p. . l confer . at hampt . court. p. . m s. mat. . . n if after all this he must let them fall , or support them with the blood of his good subjects . i. g. p. . o and those unwilling too , to ingage their liues for the other privileges . i. g. p. . p jud. . . q nehem. . . . . r cor. . . ſ iud. . . t ib. v. . u mag. charta c. . x i. g. p. . ● y . ed. . * concil . chalced . can . . z statut. de provisor . . ed. . a stat. of the clergy . . ed. . b mag. charta . c. . c ib. d i. g. p. . e that were to be cruel to many thousand , to be indulgent to a few , i. g. p. . f i. g. p. . g i think , none will affirm it . i. g. p. . h mag. charta , c. . . i sir ed coke in litleton . l. . sect. . k sir ed coke in mag. chart. c. . l statute of armour . . ed. . & . eliz. . m such is the case with the king in this particular . i. g. p. . n i. g. p. . o if the king should be peremptory in deniall , what help would this be to them ? such peremptorinesse in this circumstance might in danger his crown , not save their mitres . i. g. p. . p s mat. . . q hebr. . . r vsque adeò peccatum voluntarium malum est , ut nullo modo sit peccatum , si non sit voluntarium . aug. de vera relig c. . ſ deut. . t ib. v. . t though it be in his power to deny assent to their abolition , in a naturall sense , because voluntas nonpotest cog● ; yet it is not in his power in a morall sense , because he cannot now deny consent without sin . i. g. p. . u aug. de fide cont , manish c. . x hoc habemus in potestate , quod cum volumus , possumus . aug. cont maximin . l. . c. . * far are we from taking away his negative voice . exact collect , of remonst , & declarat , p. . x i. g. p. . y rom. . . * declarat . of the kingd . of scotland . p. . z lexterrae . p. . a ib , p. . b i hope they will not be so tenacious of their wealth and honour , as to let the crown run an hazard , and indanger the whole land. i. g. p. , c that the revenues be divided to maintain a preaching ministery . i g. p. . d num. . . c num. , . . . f ib. v . g ib. v. . h ib. v. . i ib. v. . . k ib. v. . l ib. v. . m ib. v. . n ib. v. . o numb . . p ib. v. . q psal . . r ib. v. . ſ that was to set up t●o supremacies . i , g. p. . t i. g. p. . u eliz. . &c. x that the supremum jus dominii , even that , which is above all laws , is in the king , which , under favour , i conceive , in our state is a manifest error . i. g. p. . y i. g. p. . z rex non parē habet in regno suo . bract. temps . el. . l. . c. . sect. . a . s. pet . . . b tertul. ad scap. c. . c tertul. apol. c. . d optat. l. . e . rich. . . f . hen. . . & . eliz. . g . eliz. . h chrysost . theodoret . theophilact . occum . in rom. . . i act. . . k ib. v. . l act. . . m hug grot. de jure belli l. c. . sect . n atnob . in psal . . . o eccles . . . p psal . . q instit . of a christ man fol . the supreme and soveraigne prince hath none between him and god , representing the person of god , executing his office , and in this respect bearing his name : to whom onely he is accountable dr. corn burgesse , fire of the sanct. p. . r rex solus , omnium subditorū , tam laicorum , quam ecclesiasticorum , in suis ditionibus supremus est dominus commo fact . & postulat ●●g . cogni p ſ arnob. in psal . . t . hen. . . & eliz. . u sir rob. cotton . p . x . eliz. . y . ri● . . . z . eliz. . b sir ed coke instit . l . c . sect. the severall forms c i. g. p. . d rot. clausa . an. . hen. . e sir rob cotton , p. , f sir ed. coke in litleton , l sect. . g sir rob. cotton p. . h i. g. p. . i rot. claus . an. . hen. . k speed in ric. , c. . n. . l sir ed. coke in sti●l c. ● . sect how parliaments succeed . m . ed. . . & . men. . . ▪ n eliz. ▪ & . eliz . o sir fd. coke in litleton , l. . sect. . p praesumitur rex habere omnia jurain scrinio pectoris sui . ib. q i. g. p. . q the houses of parliament without the king cannot enact any laws . declarat ▪ of the kingd . of scotland p . r bract. temps . h. . l. . c. . sect. . ſ ●lowd ▪ . . t bract ib. u ib. x lex . terrae : p. . y bract. temps . h. . l. . c. . sect. . z ib. a ed. . . b lex terrae p. . c nee regna socium ferre nec tedae queunt . d sir ed coke reports , part . . magd. college case . e i. g. p. . f sir rob. cotton . p . g ib. h sir ed coke in litleton , l . sect. . i sir rob. cotton p. . k ib. p. . l ib p. . m sir ed coke in litleton , l. . sect. . n sir rob. cotton p , . o ib. p the supremum jus dominis , that is over all laws , to make or disanull them at pleasure , is neither in the king , nor in the houses aparti but in both conjoyned . i. g. p. . q in his proclamation before the book of common prayer . r illud exploratissimum est , leges patrias aut mutare , aut ad earum obsequium sese non accommoda ▪ re , negotium semper cum periculo fuisse conjuncti●simum . smith , de repub. anglorum l. . c. . ſ psal . . . . t i. g. p. . u ib. x potentia sequi debet ●u●●ti●m , no● praeire augde trin l. ●● . c. . y the forms or acts of parliament sometimes beein with concessimus , or statuit rex and of latter times laws and statutes begin , as deinz enacted by the king , &c declarat . of the kingd of scot and , p. . * nat brev. tit . pro●ection fol z p●u●imum ●acit ad populum corrigendum multorum in unâ re sententia atque consensus . hieron . in gal. . . a sir ed : coke in mag chart. c. . b sir ed. coke in litleton , l. . sect. . c notit ▪ imperii orient . c. . d lex terrae . p. . e this oath to the clergy , cannot ingage him against the legall privileges of the people , or parliament i. g. p. . f i. g p. . . g ib. p. . h i. g. p. . i rom. . k one of which is to be ready , by confirming needfull bills to relieve thē against whatsoever grievance they suffer from any . i. g. p. . l ed. . . m . s. ●et . . . n apud jo. coch in notis ad maccoth c. . n. . o thus i think the case is sufficiently cleared , that notwithstanding the kings oath to the clergie at his coronation , he may consent to the extirpation of prelaey out of the church of england . i. g. p. p ib. p. . episcopacy (as established by law in england) not prejudicial to regal power a treatise written in the time of the long parliament, by the special command of the late king / and now published by ... robert sanderson ... 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england. divine right of kings. episcopacy -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion episcopacy ( as established by law in england ) not prejudicial to regal power . a treatise written in the time of the long parliament , by the special command of the late king . and now published by the right reverend father in god robert sanderson lord bishop of lincoln . london , printed by r. norton , for timothy garthwait in st. pauls church-yard , . to the most high and mighty king charles the ii d , by the grace of god , king of great britain , france and ireland , defender of the faith , &c. most gracious and dread soveraign , that i take the boldness humbly to present this short discourse to your majesties sacred hand and piercing eye ; it is upon this one and onely account , that how mean soever the performance be , the undertaking was in obedience to the command of a most gracious master , your majesties royal father of blessed memory . the occasion this . when the army had gotten the king into their own custody out of the hands of those that had long holden him in durance at holdenby : to put a blind upon the world , they made a shew of much good towards him , which ( as soon after appeared ) they never meant him . amongst other the pompous civilities , wherewith ( the better to cloak their hypocrisie ) they entertained him ; it was their pleasure to vouchsafe him the attendance of some of his own chaplains : which , though it could merit little ( for such a kindness could not with justice have been denyed to a far meaner person ; ) was yet a boon his former goalers thought too big for him . in that summer progress ( such as it was ) four of us of his own naming , with the clerk of his closet , were suffered to wait upon him . in which time of waiting , ( which was in august mdcxlvii . ) his majesty , being then at hampton-court , one day called me to him , and told me he had a little work for me to do . some about him , it seems , had been often discoursing with him about episcopacy , as it was claimed and exercised by the bishops within this realm . which ( whether out of their good-will to him , or their no-good-will to the church , i am not able to say , ) they had endeavoured to represent unto him , as not a little derogatory to the regal authority , as well in the point of supremacy , as of prerogative : in the one , by claiming the function as of divine right ; in the other , by exercising the jurisdiction in their own names . his majesty said farther , that he did not believe the church-government by bishops as it was by law established in this realm , to be in either of the aforesaid respects , or any other way prejudicial to his crown ; and that he was in his own judgement fully satisfied concerning the same : yet signified his pleasure withal , that for the satisfaction of others i should take these two objections into consideration , and give him an answer thereunto in writing . in obedience to which his majesties royal pleasure , after my return home , i forthwith ( according to my bounden duty ) addressed my self to the work ; and was drawing up an answer to both the objections , as well as i was able ; with a purpose to present the same ( as soon as it should be finished ) to his majesty in writing , upon the first offered opportunity . but behold , before i could bring the business ad umbilicum , and quite finish what was under my hand , the scene of affairs was strangely changed . the king trepann'd into the isle of wight ; the mask of hypocrisie , by long wearing now grown so thin and useless , that it was fit for nothing but to be thrown by ; no kind of impiety and villany , but durst appear bare-faced and in the open sun ; high insolencies to the contempt of authority every where committed ; majesty it self trampled upon by the vilest of the people ; and the hearts of all loyal honest men sadly oppressed with griefs and fears . yet had the men who steered the publick as they listed , ( that they might give themselves the more recreation , amuse the world anew , and grace the black tragedy they were acting with the more variety , ) a mind to play one game more the next year ; to wit , the treaty at the aforesaid isle of wight . where , assoon as i understood , that by his majestie 's nomination , i was to give my attendance ; i looked out the old papers which i had laid aside a good while before ; made up what was then left unfinished , and took the copy with me to the isle ; thinking that when the treaty should be ended ( for whilest it lasted his majesty was taken up with other thoughts and debates of higher concern ) i might possibly have the opportunity to give his majesty an account thereof . what became of that treaty , and what after ensued , is so well known to the world , that there is no need , and withal so sad , that it can be no pleasure , to remember . but thenceforward were those papers laid aside once again , and destined to perpetual silence , had not a debate lately started , concerning one of the principal points therein handled , occasioned some persons of eminent place and esteem in the church ( and one of them conscious to the aforesaid command laid upon me by the late king , ) to desire a sight of those papers . which being by their encouragement now made publick ( though having little other to commend them , either to the world but truth and plainness , or to your majesty but that they had their first rise from his command whose throne and vertues you inherit ; ) i humbly beseech your majesty graciously to accept ; together with the prayers of your majesties most loyal subject and devoted servant robert lincoln . london , august . mdclxi . by the king . a proclamation , declaring that the proceedings of his majesties ecclesiastical courts and ministers , are according to the lawes of the realm . whereas in some of the libellous books and pamphlets lately published , the most reverend fathers in god , the lords arch-bishops and bishops of this realm , are said to have usurped upon his majesties prerogative royal , and to have proceeded in the high commission and other ecclesiastical courts , contrary to the laws and statutes of this realm ; it was ordered by his majesties high court of star-chamber , the twelfth day of june last , that the opinion of the two lords chief iustices , the lord chief baron , and the rest of the judges and barons should be had and certified in those particulars , viz. whether processes may not issue out of the ecclesiastical courts in the name of the bishops . whether a patent under the great seal be necessary for the keeping of the ecclesiastical courts , and enabling citations , suspensions , excommunications , and other censures of the church . and whether citations ought to be in the kings name , and under his seal of arms , and the like for institutions and inductions to benefices , and correction of ecclesiastical offences . whether bishops , arch-deacons and other ecclesiastical persons may or ought to keep any visitation at any time unless they have express commission or patent under the great seal of england to do it , and that as his majesties uisitors only , and in his name and right alone . whereupon , his majesties said iudges having taken the same into their serious consideration , did unanimously concur and agree in opinion , and the first day of july last certified under their hands as followeth , that processes may issue out of the ecclesiastical courts in the name of the bishops ; and that a patent under the great seal is not necessary for the keeping of the said ecclesiastical courts , or for enabling of citations , suspensions , excommunications and other censures of the church ; and that it is not necessary that summons , citations , or other processes ecclesiastical in the said courts , or institutions , or inductions to benefices , or correction of ecclesiastical offences by censure in those courts , be in the kings name or with the style of the king , or under the kings seal , or that their seals of office have in them the kings arms ; and that the statute of primo edvardi sexti , cap. secundo , which enacted the contrary , is not now in force : and that the bishops , arch-deacons and other ecclesiastical persons , may keep their uisitations as usually they have done , without commission under the great seal of england so to do : which opinions and resolutions being declared under the hands of all his majesties said iudges , and so certified into his court of star-chamber , were there recorded : and it was by that court further ordered the fourth day of the said moneth of july , that the said certificate should be inrolled in all other his majesties courts at westminster , and in the high commission , and other ecclesiastical courts , for the satisfaction of all men , that the proceedings in the high commission and other ecclesiastical courts are agreeable to the laws and statutes of the realm . and his royal majesty hath thought sit , with advice of his councel , that a publick declaration of these the opinions and resolutions of his reverend and learned iudges , being agreeable to the iudgement and resolutions of former times , should be made known to all his subjects , as well to vindicate the legal proceedings of his ecclesiastical courts and ministers , from the unjust and scandalous imputation of invading or entrenching on his royal prerogative , as to settle the minds and stop the mouths of all unquiet spirits , that for the future they presume not to censure his ecclesiastical courts or ministers in these their iust and warranted proceedings : and hereof his majesty admonisheth all his subjects to take warning as they shall answer the contrary at their perils . given at the court at lyndhurst the . day of august , in the . year of his majesties raign . god save the king. imprinted at london by robert barker , printer to the kings most excellent majesty , and by the assignes of iohn bill , . primo julii . the iudges certificate concerning ecclesiastical iurisdiction . may it please your lordships , according to your lordships order made in his majesties court of star-chamber the twelfth of may last , we have taken consideration of the particulars , wherein our opinions are required by the said order , and we have all agreed , that processes may issue out of the ecclesiastical courts in the name of bishops , and that a patent under the great seal is not necessary for the keeping of the said ecclesiastical courts , or for the enabling of citations , suspensions , excommunications or other censures of the church . and that it is not necessary that summons , citations , or other processes ecclesiastical in the said courts , or institutions , or inductions to benefices , or correction of ecclesiastical offences by censure in those courts , be in the kings name , or with the style of the king , or under the kings seal , or that their seals of office have in them the kings arms. and that the statute of primo edvardi sexti cap. . which enacted the contrary , is not now in force . we are also of opinion , that the bishops , archdeacons and other ecclesiastical persons may keep their visitations as usually they have done without commission under the great seal of england so to do . io. bramstone . io. finch . humfrey davenport . will. iones . io. dinham . richard hutton . george croke . tho. trevor . george vernon . ro. berkley . fr. crawley . ric. weston . inrolled in the courts of exchequer , kings bench , common pleas , and registred in the courts of high commission and star-chamber . episcopacy not prejudicial to regal power . sect . i. the two great objections proposed . i. he that shall take the pains to inform himself rightly , what power the kings of england have from time to time claimed and exercised in causes and over persons ecclesiastical ; as also by whom , how , and how far forth their said power hath been from time to time either opposed , or maintained : shall undoubtedly find that no persons in the world have more freely acknowledged , and both by their writings and actions more zealously , judiciously and effectually asserted the soveraign ecclesiastical power of kings , then the protestant bishops and divines ( whom our new masters have been pleased of late to call the prelatical party ) in the church of england have done . yet so far hath prejudice ( or something else ) prevailed with some persons of quality in these times of so much loosness and distraction ; as to suffer themselves to be led into a belief , or at leastwise to be willing the people should be deceived into the belief of these two things . first , that the opinion which maintaineth the ius divinum of episcopacy is destructive of the regal power . and secondly , that episcopal iurisdiction , as it was exercised before and at the beginning of this present parliament , was derogatory from the honour of the king , and prejudicial to the just rights and prerogatives of his crown ii. truely , they that know any thing of the practises and proceedings of the anti-prelatical party , cannot be ignorant , that their aims ( these or whatsoever other pretensions notwithstanding ) are clearly to enlarge their own power by lessening the kings , and to raise their own estates upon the ruines of the bishops . and therefore howsoever the aforesaid pretensions may seem at the first appearance to proceed from a sense of loyalty , and a tenderness of suffering any thing to be continued in the kingdom which might tend to the least diminution of his majesties just power & greatness . yet , ( till their actions look otherwise then for some time past they have done ) the pretenders must give us leave to think that their meaning therein is rather to do the bishops hurt , then to do the king service ; and that their affections ( so far as by what is visible we are able to judge thereof ) are much what alike the same towards them both . but to leave their hearts to the judgement of him to whom they must stand or fall : for the just defence of truth , and that ( so far as we can help it ) the people be not abused in this particular also , as in sundry others they have been , by such men , as are content to use the kings name when it may help on their own designs ; i shall first set forth the two main objections severally to the best advantage of the objectors ; and then endeavour by a clear and satisfactory answer to discover the weakness and vanity of them both . iii. the former objection . whereas in the oath of supremacy the supreme power ecclesistical is acknowledged to be in the king alone ; and by the statute of . eliz. all jurisdictions and preeminencies spiritual and ecclesiastical within the realm of england are restored to the crown as the ancient right thereof , and forever united and annexed thereunto : the bishops claiming their power and jurisdiction to belong unto them as of divine right , seemeth to be a manifest violation of the said oath and statute , and a real diminution of the regal power in and by the said oath and statute acknowledged and confirmed . for whatsoever power is of divine right , is immediatly derived from god , and dependeth not upon any earthly king or potentate whatsoever as superiour thereunto . these two tearms , to be from heaven , and to be of men , being used in the scriptures as terms opposite and inconsistent , and such as cannot be both truly affirmed of the same thing . iv. the latter objection . setting aside the dispute of jus divinum , and whatsoever might be said either for or against the same : the very exercising of episcopal jurisdiction in such a manner as it was with us , the bishops issuing out their summens , giving censures , and acting every other thing in the ecclesiastical courts , in their own and not in the kings name , seemeth to derogate very much from the regal power in the point of ecclesiastical soveraignty . for whereas the judges in the kings bench , common plees , and other common-law-courts do issue out their writts , and make all their iudgments , orders , decrees , &c. in the kings name ; thereby acknowledging both their power to be depending upon , and derived from the kings authority , and themselves in the exercise of that power to be but his ministers sent and authorzied by him ; and so give him the just honour of his supremacy temporal : the bishops on the other side exercise a spiritual power or jurisdiction in their own names , and as it were by their own authority , without any the least acknowledgment of the effluxe or emanation of that power or jurisdiction from the king. which custome as it had undoubtedly its first rise , and after-growth from the exorbitant greatness of the bishops of rome , who have usurped an unjust authority as well over kings and princes , as over their fellow-bishops , laboured all they could to lessen the authority of kings , especially in matters ecclesiastical : so is the continuance thereof no otherwise to be esteemed then as a rag or relique of that anti-christian tyranny , which was retained ( as some other things also of evil consequence were ) in those imperfect beginnings of reformation , when the popes power was first abrogated under king henry the eighth . but it was afterwards in a more mature and perfect reformation taken in to consideration in the raign of king edward the sixth : and remedy provided there-against by an act of parliament made in the first year of his raign . wherein it was enacted , that all summons , citations , and other processes ecclesiastical should be made in the kings name and with the style of the king , as it is in writts original and judicial at the common laws ; and that the teste thereof only should be in the name of the bishop . v. it is true indeed that this statute of king edward was within a few years after repealed , and so the old usage and form again restored primo mariae , and hath ever since so continued during the raigns of the said queen , of queen elizabeth , of k. iames , and of his majesty that now is until this present parliament , without any alteration or interruption . but the repealing of the statute of primo edw. . and the reception of the former usage insuing thereupon , ought not to be alleaged by the bishops , or to sway with any protestant : inasmuch as that repeal was made by queen mary , who was a professed papist , and who together with that form of proceeding in the ecclesiastical courts restored also the whole popish religion , whereof that was a branch . neither ought the un-interrupted continuance of the said form under queen elizabeth and the succeeding kings , ( whether it happened through inadvertency in the state , or through the incessant artifices and practises of the more active bishops , some or other whereof had alwayes a prevalent power with those princes in their several raigns ) to hinder ; but that , as the said manner of proceeding was in the said first year of edward . by the king and the three estates in parliament adjudged to favour the usurped power of the bishops of rome , and to trench upon the kings just and acknowledged authority in matters ecclesiastical ( as by the preamble of the said act doth sufficiently appear ; ) so it ought to be still no otherwise esteemed then as a branch of the papal usurpation , highly derogatory to the honour of the king , and the rights of his crown . this is ( as i conceive ) the sum of all that hath been , and the utmost of what ( i suppose ) can be said in this matter . the ii. section in answer to the former objection . i. whereunto i make answer as followeth . to the former objection , i say first , that it is evidently of no force at all against those divines , who for the maintenance of episcopacy lay their claim under another notion , and not under that of ius divinum . which expression , for that it is ( by reason of the ambiguity thereof ) subject to be mistaken , and that captious men are so willing to mistake it for their own advantage ; might peradventure without loss of truth , or prejudice to the cause , b● with as much prudence laid aside a● used , as in this , so in sundry other disputes and controversies of these times . ii. if it shall be replyed , that then belike the proctors for episcopacy are not yet well agreed among themselves by what title they hold : and that is a shrewd prejudice against them , that they have no good title . for it is ever supposed he that hath a good title , knoweth what it is : and we are to presume the power to be usurped , when he that useth it cannot well tell how he came by it . i say therefore secondly , that the difference between the advocates for episcopacy is rather in the different manner of expressing the same thing , then in their different judgement upon the substance of the matter . the one sort making choise of an expression which he knoweth he is able to make good against all gainsayers , if they will but understand him aright : the other out of wariness or condescension forbearing an expression , ( no necessity requiring the use of it , ) which he seeth to have been subject to so much mis-construction . iii. for the truth is , all this ado about ius divinum is in the last result no more then a meer verbal nicety : that term being not alwayes taken in one and the same latitude of signification . sometimes it importeth a divine precept ( which is indeed the primary and most proper signification : ) when it appeareth by some clear express and peremptory command of god in his word , to be the will of god that the thing so commanded should be perpetually and universally observed . of which sort , setting aside the articles of the creed , and the moral duties of the law ( which are not much pertinent to the present enquiry ) there are , as i take it , very few things that can be properly said to be of divine positive right under the new testament . the preaching of the gospel , and administration of the sacraments are two : which when i have named , i think i have named all . iv. but there is a secondary and more extended signification of that term , which is also of frequent use among divines . in which sense such things , as having no express command in the word , are yet found to have authority and warrant from the institution , example , or approbation either of christ himself , or his apostles ; and have ( in regard of the importance and usefulness of the things themselves ) been held , by the consentient judgement of all the churches of christ in the primitive and succeeding ages , needful to be continued : such things i say are ( though not so properly as the former , yet ) usually and interpretativè said to be of divine right . of which sort i take the observation of the lords day , the ordering of the keys , the distinction of presbyters and deacons , and some other things ( not all perhaps of equal consequence ) to be . unto ius divinum in that former acception is required a divine precept : in this later , it sufficeth thereunto that a thing be of apostolical institution or practice . which ambiguity is the more to be heeded , for that the observation thereof is of great use for the avoyding of sundry mistakes that through the ignorance or neglect thereof daily happen to the engaging of men in endless disputes , and entangling their consciences in unnecessary scruples . v. now , that the government of the churches of christ by bishops is of divine right in that first and stricter sence , is an opinion at least of great probability , and such as may more easily and upon better grounds be defended then confuted : especially if in expounding those texts that are alleaged for it we give such deference to the authority of the ancient fathers and their expositions thereof , as wise and sober men have alwayes thought it fit we should do . yet because it is both inexpedient to maintain a dispute where it needs not , and needless to contend for more , where less will serve the turne : i finde that our divines that have travailed most in this argument , where they purposely treat of it , do rather chuse to stand to the tenure of episcopacy ex apostolicâ designatione , then to hold a contest upon the title of jus divinum , no necessity requiring the same to be done . they therefore that so speak of this government as established by divine right , are not all of them necessarily so to be understood , as if they meant it in that first and stricter sense . sufficient it is for the justification of the church of england in the constitution and government thereof , that it is ( as certainly it is ) of divine right in the latter and larger signification : that is to say , of apostolical institution and approbation ; exercised by the apostles themselves , and by other persons in their times , appointed and enabled thereunto by them , according to the will of our lord iesus christ , and by vertue of the commission they had received from him . vi. which besides that it is clear from evident texts of scripture , and from the testimony of as ancient and authentique records as the world hath any to shew for the attesting of any other part of ecclesiastical story ; it is also in truth a part of the established doctrine of the church of england : evidently deduced out of sundry passages in the booke of consecration , ( which book is approved in the articles of our religion art. . confirmed by act of parliament , and subscribed unto by all persons that have heretofore taken orders in the church , or degrees in the university ; ) and hath been constantly and uniformly maintained by our best writers , and by all the sober , orderly and orthodoxe sons of this church . the point hath been so abundantly proved by sundry learned men , and cleared from the exceptions of novellists ; that more need not be said for the satisfaction of any intelligent man that will but first take the pains to read the books , and then suffer himself to be master of his own reason . vii . only i could wish , that they who plead so eagerly for the jus divinum of the lords day , & yet reject ( not without some scorn ) the jus divinum of episcopacy , would ask their own hearts ( dealing impartially therein ) whether it be any apparent difference in the nature of the things themselves , or in the strength of those reasons that have been brought for either , that leadeth them to have such different judgments thereof ; or rather some prejudicate conceit of their own ; which having formerly fancied to themselves even as they stood affected to parties , the same affections still abiding , they cannot easily lay aside . which partiality ( for i am loath to call it perversness ) of spirit , is by so much the more inexcusable in this particular ; by how much episcopal government seemeth to be grounded upon scripture-texts of greater pregnancy and clearness , and attested by a fuller consent of antiquity to have been uniformly and universally observed throughout the whole christian world , then the lords day hath hitherto been shewen to be . viii . but should it be granted that all the defenders of episcopacy did indeed hold it to be jure divino in the strictest and most proper sence ; yet could not the objectors thence reasonably conclude , that it should be eo nomine inconsistent with the regal power , or so much as derogatory in the least degree to that supream power ecclesiastical , which by the laws of our land is established , and by the doctrine of our church acknowledged to be inherent in the crown . as themselves may easily see , if they will but consider . ix . first , that regal and episcopal power are two powers of quite different kinds : and such as considered purely in those things that are proper and essential to either , have no mutual relation unto , or dependence upon , the one the other ; neither hath either of them any thing to do with the other . the one of them being purely spiritual and internal , the other external and temporal : albeit in regard of the persons that are to exercise them , or some accidental circumstances appertaining to the exercise thereof , it may happen the one to be somewayes helpful or prejudicial to the other ; yet is there no necessity at all that the very powers themselves in respect of their own natures should be ( at that distance ) either of them so destructive of other , but that they might consist well enough together . yea although either of them or both should claime ( as indeed they both may do ) to be of divine right independently upon the other . let any man come up to the point , and shew if he can , how and wherein the episcopal power is any thing at all diminished by affirming the regal to be of divine right ; or how and wherein the regal power is at all prejudiced , by affirming the episcopal to be of divine right . the opposition between those two terms , to be from heaven and to be of men , which was objected , cometh not home enough : unless we should affirm them both of one and the same power in the same respect . which since we do not ; that opposition hindereth not , but that the same power may be said to be of both in divers respects , viz. to be from heaven , or of god , in respect of the substance of the thing in the general ; and yet to be of men in respect of the determination of sundry particularities requisite unto the lawful and laudable exercise thereof . x. secondly , that the derivation of any power from god doth not necessarily infer the non-subjection of the persons in whom that power resideth to all other men . for doubtless the power that fathers have over their children , husbands over their wives , masters over their servants , is from heaven , of god and not of men. yet are parents , husbands , masters in the exercises of their several respective powers subject to the power , jurisdiction and laws of their lawful soveraigns . and i suppose it would be a very hard matter for any man to find out a clear and satisfactory reason of difference between the ecclesiastical power and the oeconomical ; why the one , because it claimeth to be of divine right should be therefore thought to be injurious to regal power , and the other ( though claiming in the same manner ) not to be injurious . xi . thirdly , the ministerial power , in that which is common to bishops with their fellow-presbyters , viz. the preaching of the vvord and administration of the sacraments , &c. is confessed to be from heaven and of god ; and yet no prejudice at all conceived to be done thereby to the regal power : because the ministers who exercise that power are the kings subjects , and are also in the executing of those very acts that are proper to their ministerial functions to be limited and ordered by the kings ecclesiastical lawes . a man might therefore justly wonder , ( but that it is no new thing to find in the bag of such merchants , as we have now to deal with , pondus & pondus , ) how it should come to pass that the episcopal power , in that which is peculiar to bishops above other their brethren in the ministery , viz. the ordaining of priests and deacons and the managing of the keyes , cannot be said to be of god , but it must be forthwith condemned to be highly derogatory to the regal power : notwithstanding the bishops acknowledge themselves as freely as any others whosoever , to be the kings subjects , and submit themselves , with as much willingness ( i dare say , and some presbyterians know i speak but the truth ) as the meanest of their fellow-ministers do , to be limited in exercising the proper acts of their episcopal functions by such lawes as have been by regal power established in this realm . the king doth no more challenge to himselfe as belonging to him by vertue of his supremacy ecclesiastical , the power of ordaining ministers , excommunicating scandalous offenders , or doing any other act of episcopal office in his own person ; then he doth the power of preaching , administring the sacraments , or doing any other act of ministerial office in his own person : but leaveth the performance of all such acts of either sort unto such persons , as the said several respective powers do of divine right belong unto ; viz. of the one sort to the bishops , and of the other to all preists . yet doth the king by virtue of that supremacy , challenge a power as belonging unto him in the right of his crown , to make laws as well concerning preaching , administring the sacraments , and other acts belonging to the function of a priest , as concerning ordination of ministers , proceedings in matters of ecclesiastical cognisance in the spiritual courts , and other acts belonging to the function of a bishop . to which lawes , as well the priests as the bishops , are subject , and ought to submit to be limited and regulated thereby in the exercise of those their several respective powers ; their claim to a ius divinum , and that their said several powers are of god , notwithstanding . i demand then : as to the regal power , is not the case of the bishops and of the ministers every way alike ? do they not both pretend their powers to be of god ? and are they not yet for all that both bound in the exercise of those powers to obey the king and his laws ? is there not clearly the same reason of both ? how then cometh it to pass , that these are pronounced innocent , and those guilty ? can any think god will wink at such foul partiality ? or account them pure with the bag of deceitful weights ? xii . fourthly , that there can be no fear of any danger to arise to the prejudice of the regal power from the opinion that bishops are jure divino , unless that opinion should be stretched to one of these two constructions : viz. as if it were intended either . that all the power which bishops have legally exercised in christian kingdomes did belong to them as of divine right ; or . that bishops living under christian kings , might at least exercise so much of their power as is of divine right after their own pleasure , without , or even against the kings leave , or without respect to the laws and customes of the realm . neither of which is any part of our meaning . all power , to the exercise whereof our bishops have pretended , cometh under one of the two heads : of order , or of iurisdiction . the power of order consisteth partly in preaching the word and other offices of publique vvorship ; common to them with their fellow-ministers ; partly in ordaining preists and deacons admitting them to their particular cures , and other things of like nature , peculiar to them alone . the power of iurisdiction is either internal in retaining and remitting sins in foro conscientiae , common to them also ( for the substance of the authority , though with some difference of degree , ) with other ministers : or external for the outward government of the church in some parts thereof peculiar to them alone . for that external power is either directive in prescribing rules and orders to those under their jurisdictions , and making canons and constitutions to be observed by the church ; wherein the inferior clergy by their representatives in convocation have their votes as well as the bishops ; and both dependently upon the king ( for they cannot either meet without his vvrit , or treat without his commission , or establish without his royal assent : ) or iudiciary and coercive , in giving sentence in foro exteriori in matters of ecclesiastical cognisance , excommunicating , fining , imprisoning offenders , and the like . of these powers some branches , not onely in the exercise thereof , but even in the very substance of the power it selfe , ( as namely that of external jurisdiction coercive , ) are by the laws declared , and by the clergy acknowledged to be wholly and entirely derived from the king , as the sole fountain of all authority of external iurisdiction whether spiritual or temporal within the realm ; and consequently not of divine right . other-some , although the substance of the power it self be immediately from god and not from the king , as those of preaching , ordaining , absolving &c. yet are they so subject to be inhibited , limited , or otherwise regulated in the outward exercise of that power by the laws and customes of the land , as that the whole execution thereof still dependeth upon the regal authority . and how can the gross of that power be prejudicial to the king or his supremacy , whereof all the parts are confessed either to be derived from him , or not to be executed without him ? xiii . fifthly , that if episcopacy must be therefore concluded to be repugnant to monarchy , because it claimeth to be of divine right : then must monarchs either suffer within their dominions no form of church-government at all ( and then will church , and with it religion , soon fall to the ground ; ) or else they must devise some new model of government , such as never was yet used or challenged in any part of the christian world ; since no form of government ever yet used , or challenged , but hath claimed to a ius divinum as well as episcopacy : yea , i may say truly , every one of them with far more noise , though with far less reason then episcopacy hath done . and therefore of what party soever the objectors are , ( papists , presbyterians , or independents ) they shew themselves extreamly partial against the honest regular protestant ; in condemning him as an enemy to regal power for holding that in his way , which ( if it be justly chargeable with such a crime , ) themselves holding the very same in their several wayes , are every whit as deeply guilty of , as he . xiiii . lastly , that this their partiality is by so much the more inexcusable , by how much the true english protestant for his government not onely hath a better title to a ius divinum then any of the other three have for theirs ; but also pleadeth the same with more caution and modesty , then any of them do . which of the four pretenders hath the best title , is no part of the business we are now about . the tryal of that will rest upon the strength of the arguments that are brought to maintain it : wherein the presbyterians perhaps will not find any very great advantage beyond the rest of those that contest for it . but let the right be where it will be ; we will for the present suppose them all to have equal title ( and thus far indeed they are equal , that every one taketh his own to be best : ) and it shall suffice to shew , that the ius divinum is pleaded by the episcopal party with more calmeness and moderation , and with less derogation from regal dignity , then by any other of the three . xv. for first , the rest when they spake of ius divinum in reference to their several waves of church-government , take it in the highest elevation , in the first and strictest sense . the papist groundeth the popes oecumenical supremacy upon christs command , to peter to execute it , and to all the flock of christ ( princes also as well as others ) to submit to him as their universal pastor the presbyterian cryeth up his model of government and discipline , ( though minted in the last by-gon century , ) as the very scepter of christs kingdome , whereunto all kings are bound to submit theirs ; making it as unalterable and inevitably necessary to the being of a church , as the word and sacraments are . the independent separatist also , upon that grand principle of puritanisme common to him with the presbyterian ( the very root of almost all the sects in the world ) viz that nothing is to be ordered in church-matters , other , or otherwise then christ hath appointed in his word ; holdeth that any company of people gathered together by mutual consent in a church-way is iure divino free and absolute within it self , to govern it self by such rules as it shall judge agreeable to gods word , without dependence upon any but christ iesus alone , or subjection to any prince , prelate , or other humane person or consistory whatsoever . all these you see do not onely claim to a ius divinum , and that of a very high nature ; but in setting down their opinions weave in some expresses tending to the diminution of the ecclesiastical supremacy of princes . whereas the episcopal party , neither meddle with the power of princes , nor are ordinarily very forward to press the ius divinum , but rather purposely decline the mentioning of it , as a term subject to misconstruction ( as hath been said ) or else so interpret it , as not of necessity to import any more then an apostolical institution . yet the apostles authority in that institution , being warranted by the example , and ( as they doubt not ) the direction of their master iesus christ , they worthily esteem to be so reverend and obligatory ; as that they would not for a world have any hand in , or willingly and deliberately contribute the least assistance towards ( much less bind themselves by solemn league and covenant to endeavour ) the extirpation of that government ; but rather on the contrary hold themselves in their consciences obliged , to the uttermost of their powers to endeavour the preservation and continuance thereof in these churches , and do heartily wish the restitution and establishment of the same , wheresoever it is not , or wheresoever it hath been heretofore ( under any whatsoever pretence ) unhappily laid aside , or abolished . xvi . secondly , the rest ( not by remote inferences , but ) by immediate and natural deduction out of their own acknowledged principles , do some way or other deny the kings supremacy in matters ecclesiastical : either claiming a power of iurisdiction over him , or pleading a priviledge of exemption from under him . the papists do it both wayes ; in their several doctrines of the popes supremacy , and of the exemption of the clergy . the puritances of both sorts , who think they have sufficiently confuted every thing they have a mind to mislike , if they have once pronounced it popish and antichristian , do yet herein ( as in very many other things , and some of them of the most dangerous consequence ) symbolize with the papists , and after a sort divide that branch of antichristianisme wholly between them : the presbyterians claiming to their consistories as full and absolute spiritual iurisdiction over princes , ( with power even to excommunicate them , if they shall see cause for it , ) as the papists challenge to belong to the pope : and the independents exempting their congregations from all spiritual subjection to them , in as ample manner , as the papists do their clergy . whereas the english protestant bishops and regular clergy , as becometh good christians and good subjects , do neither pretend to any iurisdiction over the kings of england , nor withdraw their subjection from them : but acknowledge them to have soveraign power over them , as well as over their other subjects ; and that in all matters ecclesiastical as well as temporal . by all which it is clear , that the ius divinum of episcopacy , as it is maintained by those they call ( stylo novo ) the prelatical party in england , is not an opinion of so dangerous a nature , nor so derogatory to the regal powers , as the adversaries thereof would make the world believe it is : but that rather , of all the forms of church-government that ever yet were endeavoured to be brought into the churches of christ , it is the most innocent in that behalf . the iii. section in answer to the later objection . . having thus cleared the opinion held concerning episcopacy in the church of england from the crime unjustly charged upon it by the adversaries , ( but whereof in truth themselves are deeply guilty ) in their former objection : our next business will be the easier , to justifie it in the practise also from the like charge laid against it in the later objection , by shewing that the iurisdiction exercised by the bishops within this realm , ( and namely in that particular which the objectors urge with most vehemency , of acting so many things in their own names , ) is no way derogatory to the kings majesties power or honour . wherein it were enough for the satisfaction of every understanding man , without descending to any farther particularities , to shew the impertinency of the objectors from these two general considerations . ii. first that the bishops have exercised no iurisdiction in foro externo within this realm , but such as hath been granted unto them by the successive kings of england ; neither have challenged any such iurisdiction to belong unto them by any inherent right or title in their persons or callings , but onely by emanation and derivation from the royal authority . the very words of the statute primo . edw. . in the objection mentioned run thus , seeing that all authority of jurisdiction spiritual and temporal is derived and deducted from the kings majesty as supream head — and so justly acknowledged by the clergy of the said realms , and that all courts ecclesiastical be kept by no other power or authority either forraign or within the realms , but by the authority of his most excellent majesty &c. now the regular exercise of a derived power is so far from destroying , or any way diminishing that original power from whence it is derived , as that it rather confirmeth and establisheth the same . yea , the further such derived power is extended and enlarged in the exercise thereof , so as it be regular , ( that is , so long as it containeth it self within the bounds of its grant , and exceedeth not the limits prefixed thereunto by that original power that granted it ) the more it serveth to set forth the honour and greatness of that original power ; since the vertue of the efficient cause is best known by the greatness of the effect : for propter quod unumquodque est tale , illud ipsum est magis tale . as the warmth of the room doth not lessen the heat of the fire upon the hearth , but is rather a signe of the greatness of that heat : nor doth the abundance of sap in the branches cause any abatement in the root , but is rather an evident demonstration of the greater plenty there . iii. secondly , that it is one of the greatest follies in the world , to endeavour in good earnest to maintain any thing by argument when we have the evidence of sence or experience to the contrary . for what is it cum ratione insanire , if this be not ? to deny fire to be hot , or water to be moist , or snow to be white ; when our sences enform us they are such ? or to prove by argument that life may be perpetuated by the help of art and good dyet , or that infants are capable of faith or instruction by ordinary means ; when experience sheweth the contrary . now the experience of above fourscore years , ever since the beginning of queen elizabeths raign , doth make it most evident , that the exercise of episcopal iurisdiction by the protestant bishops here , was so far from diminishing the power , or eclipsing the glory of the crown , that the kings and queens of england never enjoyed their royal power in a fuller measure , or flourished with greater lustre , honour and prosperity , then when the bishops ( by their favour ) enjoyed the full liberty of their courts , jurisdictions , honours and priviledges according to ancient grants of former kings and the lawes and customes of england . on the other side ; in what condition of power and honour ( otherwise then in the hearts of his oppressed subjects ) our most pious and gracious soveraign that now is hath stood , and at this present standeth , through the prevalency of the smectymnuan faction ; ever since they had the opportunity and forehead from lopping off ( as was at first pretended ) some luxuriant superfluities ( as they at least imagined them to be ) in the branches of episcopal jurisdiction ( as high commission , oath ex officio , &c. ) to proceed to take away episcopacy it self root and branch : it were a happy thing for us , if the lamentable experience of these late times would suffer us to be ignorant . so as we now look upon that short aphorisme so usual with his majesties royal father [ no bishop , no king ] not as a sentence onely full of present truth when it was uttered ; but rather as a sad prophecy of future events , since come to pass . the miseries of these wasting divisions both in the church and common-wealth we cannot with any reason hope to see an end of , until it shall please almighty god in his infinite mercy to a sinful nation , to restore them both ( king and bishops ) to their antient , just and rightful power : and in order thereunto graciously to hear the weak prayers of a small oppressed party , ( yet coming from loyal hearts , and going not out of feigned lips ) beyond the loud crying perjuries , sacriledges , and oppressions of those that now exercise an arbitrary soveraignty over their fellow subjects without either iustice or mercy , together with the abominable hypocrisie and disloyalty that hath so long raigned in them and their adherents . iv. those two general considerations , although they might ( as i said ) suffice to take away the force of the objection , without troubling our selves , or the reader with any farther answer thereunto : yet that the objectors may not have the least occasion given them to quarrel the proceedings , as if we did purposely decline a just tryal , we shall come up a little closer , and examine more particularly every material point , in the order as they lye in the objection aforesaid . and the points are three . . that the manner used by the bishops , in sending out their summons , &c. in their own names , is contrary to the form and order of other courts . . that such forms of process seem to have at first proceeded from the usurped power of the bishops of rome , who laboured by all possible means to bring down the regal power , and set up their own . . that upon these very grounds the custome was altered by act of parliament , and a statute made . ewd. vi. ( howsoever since repealed and discontinued , ) that all processes ecclesiastical should be made in the kings name , and not in the bishops . v. as to the first point , true it is that the manner used by the bishops in the ecclesiastical courts , ( viz. in issuing out summons , citations , processes , giving iudgments &c. in their own names , and not in the kings , ) is different from the manner used in the kings bench , exchequer , chancery , and sundry other courts . but that difference neither doth of necessity import an independency of the ecclesiastical courts upon the king , nor did in all probability arise at the beginning from the opinion of any such independency ; nor ought in reason to be construed as a disacknowledgement of the kings authority and supremacy ecclesiastical . for vi. first there is between such courts as are the kings own immediate courts , and such courts as are not , a great difference in this point . of the former sort are especially the kings bench and chancery : as also the court of common pleas , exchequer , iustices of goal-delivery &c. in the kings bench the kings themselves in former times have often personally sate ; whence it came to have the name of the kings bench ; neither was it tyed to any particular place , but followed the kings person . at this day also all writs returnable there run in this style , coram nobis , and not ( as in some other courts ) coram iustitiariis nostris or the like : and all judicial records there are styled , and the pleas there holden entred , coram rege , and not coram iustitiariis domini regis . appeals also are made from inferiour iudges in other courts to the king in chancery ; because in the construction of the lawes the kings personal power and presence is supposed to be there : and therefore sub-poena's granted out of that court , and all matters of record passed there run in the same style coram rege &c. forasmuch as in the iudges in these two courts there is a more immediate representation of the kings personal power and presence , then in the iudges of those other courts of common pleas , exchequer , &c. which yet by reason of his immediate virtual power and presence are the kings immediate courts too . in regard of which his immediate virtual power , although the style of the writs and records there be not coram nobis , coram rege , as in the former , but onely coram iustitiariis , coram baronibus nostris , &c. yet inasmuch as the iudges in those courts are the kings immediate sworn ministers to execute justice , and to do equal right to all the kings people in his name , therefore all processes , pleas , acts and iudgements are made and done in those courts , as well as in the two former , in the kings name . but in such courts as do not suppose any such immediate representation or presence of the kings either personal or virtual power , as that thereby they may be holden and taken to be the kings own immediate courts , the case is far otherwise . for neither are the iudges in those courts sworn the kings iudges , to administer justice and do right to the kings subjects in his name and stead : nor do they take upon them the authority , to cite any person , or to give any sentence , or to do any act of jurisdiction in the kings name ; having never been by him authorized so to do . of this sort are amongst others ( best known to them that are skilled in the laws of this realm ) all courts-baron held by the lord of a manner , customary courts of copyholders , &c and such courts as are held by the kings grant , by charter to some corporation , as to a city , borough , or vniversity ; or els by long usage and prescription of time . in all which courts , and if there be any other of like nature , summons are issued out , and iudgements given , and all other acts and proceedings made and done in the name of such persons as have chief authority in the said courts , and not in the name of the king : so as the styles run thus , a. b. major civitatis ebor. n. m. cancellarius vniversitatis oxon. and the like ; and not carolus dei gratia , &c. vii . upon this ground it is that our lawyers tell us out of bracton , that in case of bastardy to be certified by the bishop , no inferiour court , as london , yorke , norwich , or any other incorporation can write to the bishop to require him to certify : but any of the kings courts at westminister ( as common pleas , kings bench &c. ) may write to him to certify in that case . the reason is , because nullus alius praeter regem potest episcopo demandare inquisitionem faciendam . which maketh it plain that the kings immediate powe ( either personal , or virtual ) is by the law supposed to be present in courts of the one sort , not of the other : the one sort being his own immediate courts , and the other not . viii . now that the ecclesiastical courts wherein the bishops exercise their jurisdiction , are of the latter sort , i doubt not but our law-books will afford plenty of arguments to prove it , beyond all possibility of contradiction or cavil . which being little versed in those studies i leave for them to find out who have leisure to search the books , and do better understand the nature , constitution , differences and bounds of the several courts within this realm . one argument there is , very obvious to every understanding , ( which because i shall have fit occasion a little after to declare , i will not now any longer insist upon , ) taken from the nature of the iurisdiction of these courts so far distant from the iurisdiction appertaining to those other courts , that these are notoriously separated and in common and vulgar speach distinguished from all other by the peculiar name and appellation of the spiritual courts . but another argument , which those books have suggested , i am the more willing here to produce , for that it not only sufficiently proveth the matter now in hand , but is also very needful to be better known abroad in the world then it is , for the removing of a very unjust censure , which meerly for want of the knowledge of the true cause , hath been laid upon the bishops in one particular , to their great wrong and prejudice . it hath been much talked on , not only by the common sort of people , but by some persons also of better rank and understanding , and imputed to the bishops as an act of very high insolency , that in their processes , patents , commissions , licences , and other instruments whereunto their episcopal seale is affixed , so oft as they have occasion to mention themselves , the style runneth ever more in the plural number [ nos g. cantuar-archiepiscopus , coram nobis , salvo nobis — &c. ] just as it doth in his majesties letters patents and commissions : thereby shewing themselves ( say they ) as if they were his fellows and equals . all this great noise and clamour against the pride of the bishops upon this score , proceedeth ( as i said ) meerly from the ignorance of the true original cause and ground of that innocent and ancient usage ; and therefore cannot signify much to any reasonable and considering man , when that ground is discovered : which is this , viz. that every bishop is in construction of our laws a corporation . for although the bishop of himselfe and in his private and personal capacity be but a single person as other men are , and accordingly in his letters concerning his own particular affairs , and in all other his actings upon his own occasions and as a private person writeth of himselfe in the singular number , as other private men do ; yet for as much as in his publike and politick capacity , and as a bishop in the church of england , he standeth in the eye of the law as a corporation ; the king not only alloweth him acting in that capacity , to write of himselfe in the plural number , but in all writs directed to him as bishop ( as in presentations , and the like ) bespeaketh him in the plural number [ vestrae diocesis , vobis praesentamus &c. ] the bishop then being a corporation , and that by the kings authority , as all other corporations ( whether simple or aggregate , whether by charter or prescription ) are : it is meet he should hold his courts , and proceed therein in the same manner and form ( where there is no apparent reason to the contrary ) as other corporations do . and therefore as it would be a high presumption for the chancellour and scholars of one of the universities , being a corporation , to whom the king by his charter hath granted a court , or for the major and aldermen of a city for the same reason , to issue writs or do other acts in their courts in the kings name , not having any authority from the king or his grant , or from the laws and customs of england so to do : so doubtless it would for the same reason be esteemed a presumption no less intolerable for the bishops to use the kings name in their processes and judicial acts , not having any sufficient legal warrant or authority for so doing . ix . which if it were duly considered , would induce any reasonable man to beleive and confesse that this manner of proceeding in their own names used by the bishops in their courts , is so far from trenching upon the regal power and authority , which is the crime charged upon it by the objectors , that the contrary usage ( unless it were enjoyned by some law of the land , as it was in the raign of king edward the sixth ) might far more justly be charged therewithal . for the true reason of using the kings name in any court , is not thereby to acknowledge the emanation of the power or jurisdiction of that court from , or the subordination of that power unto , the kings power or authority , as the objectors seeme to suppose ; but rather to shew the same court to be one of the kings own immediate courts , wherein the king himselfe is supposed ( in the construction of the law ) either by his personal or virtual power to be present . and the not using of the kings name in other courts , doth not infer , as if the iudges of the said courts did not act by the kings authority , ( for who can imagine that they who hold a court by virtue of the kings grant only , should pretend to act by any other then his authority ? ) but only that they are no immediate representatives of the kings person in such their jurisdiction , nor have consequently any allowance from him to use his name in the exercise or execution thereof . x. secondly , there is another observable difference in this point , between the kings common-law-courts , such as are most of those afore-mentioned , and those courts that proceed according to the way of the civil law. if the king appoint a constable , or earle-marshal , or admiral of england : for as much as all tryals in the marshals court ( commonly called the court of honour ) and in the admiralty are according to the civil law ; all processes therefore , sentences , and acts in those courts go in the names of the constable , earle-marshal , or admiral , and not in the kings name . which manner of proceeding constantly used in those courts , sith no man hitherto hath been found to interpret , as any diminution at all or dis-acknowledgement of the kings soveraignty over the said courts : it were not possible the same manner of proceeding in the ecclesiastical courts should be so confidently charged with so heinous a crime , did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts . especially considering that xi . thirdly , there is yet a more special and peculiar reason to be given in the behalf of the bishops for not using the kings name in their processes , &c. in the ecclesiastical courts , then can be given for the iudges of any other the above-mentioned courts ( either of the common or civil laws ) in the said respect ; arising ( as hath been already in part touched ) from the different nature of their several respective iurisdictions . which is , that the summons and other proceedings and acts in the ecclesiastical courts are for the most part in order to the ecclesiastical censures and sentences of excommunication , &c. the passing of which sentences and other of like kind , being a part of the power of the keyes which our lord iesus christ thought fit to leave in the hands of his apostles and their successors , and not in the hands of lay-men ; the kings of england never challenged to belong unto themselves : but left the exercise of that power entirely to the bishops , as the lawful successors of the apostles , and inheritours of their power . the regulating and ordering of that power in sundry circumstances concerning the outward exercise thereof in foro externo , the godly kings of england have thought to belong unto them as in the right of their crown ; and have accordingly made laws concerning the same , even as they have done also concerning other matters appertaining to religion and the worship of god. but the substance of that power , and the function thereof , as they saw it to be altogether improper to their office and calling : so they never pretended or laid claim thereunto . but on the contrary when by occasion of the title of supream head , &c. assumed by king henry the eighth , they were charged by the papists for challenging to themselves such power and authority spiritual ; they constantly and openly disavowed it to the whole world , renouncing all claim to any such power or authority : as is manifest ; not onely from the allowed writings of many godly bishops , eminent for their learning in their several respective times , in vindication of the church of england from that calumny of the papists ; as archbishop whitgift , bishop bilson , bishop andrews , bishop carleton , and others : but also by the injunctions of queen elizabeth , and the admonition prefixed thereunto ; by the th art. . of the church of england required to be subscribed by all that take orders in the church , or degrees in the universities ; and by constant declared judgement and practice of the two late kings of blessed memory , king iames and king charles the i st . they who thus expresly disclaimed the medling with spiritual censures and the power of the keyes , cannot be rationally supposed to have thought their own presence ( either personal or virtual ) any way requisite in the courts where such censures were to be pronounced , and that power to be administred and exercised : and therefore doubtless could not deem it fit or proper , that in the juridical proceedings of such courts their names should be used . xii . the second point in the charge objected is , that this custome used by the bishops in acting all things in the ecclesiastical courts in their own names grew at first from the exorbitant power of the popes , who laboured what they could to advance their own greatness by exempting the clergy from all subjection to temporal princes , and setting up an ecclesiastical power of jurisdiction independent upon the secular : and that the parliament had that sence of it in the raign of king edward the sixth , as the words of the statute made i. edward vi. for the altering of the said custome , do plainly intimate . xiii . in which part of the charge there is at the most but thus much of truth . . that the bishops of rome did not omit with all sedulity to pursue the grand design of that see , which was to bring all christian princes into subjection to it self . . that all the labouring for the exemption of the clergy from the secular powers , was in order to that design . . that the bishops manner of using their own names in all acts of their iurisdiction , ( looked upon alone and by it self without any consideration of the true reasons thereof ) doth carry , by so much the more , shew of serving the papal interest , then if they should do all in the king's name , by how much the acknowledging the kings supremacy-ecclesiastical is less apparent therein , then in the other . . that the want of such an express acknowledgement of the king's supremacy , together with the jealousies the state had in those times over any thing that might seem to further or favour the usurped power of the pope in the least degree ; might very probably in this particular ( as well as it did in some other things ) occasion such men as bear the greatest sway in managing the publick affairs in the beginning of that godly ( but young ) king 's raign , out of a just detestation of the papacy to endeavour overhastily the abolishing of whatsoever was with any colour suggested unto them to savour of popery , without such due examination of the grounds of those suggestions as was requisite in a matter of so great importance . xiiii . this is all we can ( perhaps more then we need ) yield unto in this point of the charge . but then there are some other things which we cannot easily assent unto : as viz. . that this custome had undoubtedly its original and growth from the popes usurped power . which as we think it impossible for them to prove ; so it seemeth to us the less probable , because by comparing of this course used in the ecclesiastical courts with the practise of sundry other courts , some of like , some of different nature thereunto , we have already shewed the true reasons and grounds of the difference between some courts and othersome in this particular . . that it is a rag or relique of antichristian tyranny . which we believe to be altogether untrue . not only for the reasons before specified , and for that the same is done in sundry other courts , holden within this realm without any note of antichristianisme or popery fastened thereupon : but also because it hath been constantly continued in this kingdome ( the short raign of king edward the sixth only excepted ) with the allowance of all the protestants kings and queens of this realm ever since the reformation . who , although they be ever and anon taxed by the puritane-faction ( unjustly and insolently enough ) for want of a through-reformation , and leaving so much popish trash unpurged in the point of worship and ceremonies : yet have not usually been blamed by that party for being wanting to themselves in vindicating to the uttermost their regal authority and supremacy ecclesiastical from the usurped power of the bishops of rome in any thing wherein they conceived it to be many wise or degree concerned . as also because this manner of proceeding in the courts ecclesiastical hath been constantly and without scruple of conscience or suspition of popery used and practised by all our godly and orthodoxe bishops ; even those , who have been the most zealous maintainers of our religion against the papists , and such as have particularly written against the antichristian tyranny of the pope , or in defence of the kings supremacy in matters ecclesiastical ; as iewel , bilson , abbots , buckridge , carleton , and many others . xv. but against all this that hath been said , how agreeable soever it may seem to truth and reason , may be opposed the judgement of the whole realm in parliament ( the bishops themselves also then sitting and voting as well as other the lords and commons ) in the first year of the raign of king edward the sixth , who thought fit by their act to alter the aforesaid form , and that upon the two aforesaid grounds , viz. that it was contrary to the form and order of the common law-courts , and according to the form and manner used in the time of the usurped power of the bishop of rome . which being the last and weightiest point in the charge , is the more considerable , in that besides its own strength , it giveth also farther strength and confirmation to the other two . xvi . but for answer unto this argument drawn from the judgement of the parliament , as it is declared in the statute of ● edw. . i would demand of the objectors , where they place the chief strength of the argument : whether in the authority of the persons ( viz. the great assembly of state convened in parliament so judging ; or in validity of those reasons , which led them so to judge . if in this later , their judgment can weigh no more , then the reasons do whereon it is built ; the frailty whereof we have already examined and discovered . if in the authority of the judges ; we lay in the ballance against it the judgment of the kingdome in all the parliaments after the decease of king edward for above fourscore years together : the first whereof repeated that statute ; and none of those that followed ( for ought appeareth to us ) ever went about to revive it . xvii . if it shall be said first , that the enacting of that statute by king edward was done in order to the farther abolishing of popery , and the perfecting of the reformation begun by his father : i answer , that as it was a very pious care , and of singular example in so young a prince , to intend and endeavour the reformation of religion and the church within his realms ( for which even at this day we have cause to acknowledge the good providence of almighty god in raising him up to become so blessed an instrument of his glory and our good : ) so on the other side we cannot doubt but that the business of reformation under him was carried on with such mixture of private ends and other human frailties and affections , as are usually incident into the enterprising of great affairs , especially such as cannot be effected without the assistance of many instruments . all of which in likelyhood being not of one judgement and temper , but having their several inclinations , passions and interests with great difference ; the product of their endeavours ( whatsoever sincerity there were in the intentions of the first mover ) must needs be such , as the constitution of the most prevalent instruments employed in the work would permit it to be . the very name of reformation of religion and manners , and of abuses crept into the church or common-wealth , carrieth with it a great deal of outward glory and lustre , filling the hearts of men with expectations of much happiness to ensue , and in that hope is evermore entertained with general applause , especially of the vulgar sort : because men look upon it as it were in the idea , ( that is to say , as it is fancied and devised in the mind and imagination ) and abstractedly from those impediments and inconveniences , which when they come ad practicandum and to put their thoughts in execution , they shall be sure to meet withal more or less , to render the performance short of the promise and expectation . xviii . now because reformation is so much talked of in these evil dayes of ours , wherein thousands of well-meaning people have been seduced into dangerous by-paths by that specious name : it will not be amiss , ( though we may seem perhaps to digress a little for it ) to prompt the reader to some considerations , that may incline him rather to suspect a thing to be ill done , then to be confident that it is well done , if he have no other reason of that confidence but this , that it is pretended to be done by way of reformation . xix . it is considerable first , that reformation is the usual vizard , wherewith men of insatiable avarice or ambition disguise their base unworthy intentions , that the ugliness thereof may not appear to vulgar eyes . seldome hath any sacrilegious or seditious attempt appeared abroad in the world , and been countenanced either by the great ones or the many ; which hath not been ushered in by this piece of hypocrisie . not to look further ( backward or forward ) for instances in both kindes , then to the raign of that king wherein the statute so much insisted upon was made ; it cannot be denied , but that during the raign of that religious and godly young king ( without his knowledge as we verily hope and believe , or at most through the malitious suggestions and cunning insinuations of some that were about him ) such sacriledges were acted , and that under the name & pretence of reformation , as have cast a very foul blemish upon our very religion , especially in the eyes of our adversaries , who have ever shewed themselves forward enough to impute the faults of the persons to the profession . and under the same pretence of reformation were also masked all the bloodshed , mischiefs and outrages committed by kett and his seditious rabble in the same kings raign : insomuch as a great oak whereat they appointed their usual meetings , and whereon ( by the just judgement of god ) himself the ringleader of that rebellion was afterwards hanged , was by them called the oak of reformation . by what was done in those times , ( ill enough indeed , yet modestly in comparison of what hath been done in ours ) we may have a near guess what their meaning is , that are so eagerly set upon a thorow-reformation ( as they call it ) in the church , in the commonwealth , in the vniversities : even to get into their own hands and disposal all the haces and offices of power or profit in them all . i dare not say , ( for truly of some i believe the contrary , and hope the same of many more ) that all those that joyn in vote or act with those plansible pretenders of reformation , or wish well unto them in the simplicity of their hearts , are guilty of their abominable hypocrisie . but sure all experience sheweth , that in great councels there are evermore some one or a few 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , active and cunning men that are able by the reputation of their wisdome and abilities of speech to carry all businesses in the vogue even as themselves have before-hand closely contrived them : leading on the rest , as a bell-weather doth the whole flock , or as a crafty fore-man of a iury doth the whole dozen , which way soever they please ; who follow tamely after ( quâ itur , non quâ eundum ) in an implicit belief , that that must needs be the right way , which they see such skilful guides to have taken before them . xx. but say there were no such reserved secret sinister ends either in the chief agents or their ministers , but that a just reformation were as really and sincerely intended by them all , as it is by some of them speciously pretended : yet is it considerable secondly , how very difficult a thing it is , in the business of reformation to stay at the right point , and not to overdo , by reason of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whereby we are very apt in declining one of the extreams to fall into the other , either in point of opinion or practice . in detestation of the heresie of nestorius , who distinguished the persons in christ , because he knew there were two natures ; eutyches went so far as to confound the natures , because he knew there was but one person . and because the papists by the multitude and pompousness of their ceremonies had taken away much of the inward vigour of gods publick worship , by drawing it too much outward ; the puritanes in opposition to them , and to reform that errour , by stripping it of all ceremonies have left it so bare , that ( besides the unseemliness ) it is well nigh starved for want of convenient clothing . it is in the distempers of the body politick in this respect not much otherwise then it is in those of the body natural . in an ague , when the cold sit hath had his course , the body doth not thence return to a kindly natural warmth , but falleth speedily into a burning preternatural heat , nothing less ( if not rather more ) afflictive then the former . and how osten have physicians , ( not the unlearned empericks onely , but even those best renowned for their skill and judgement , ) by tampering with a crazy body to master the predominancy of some noxious humour therein , cast their patients ere they were aware under the tyranny of another and contrary humour as perillous as the former : or for fear of leaving too much bad blood in the veins , have letten out too much of the vital spirits withall ? onely the difference is , that in bodily diseases this course may be sometimes profitably experimented , and with good success ; not onely out of necessity , when there is no other way of cure left , ( as they use to say , desperate diseases must have desperate remedies : ) but also out of choice , and in a rational way ; as hippocrates adviseth in the case of some cold diseases to cast the patient into a burning feaver , which he calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and i remember to have read somewhere to that purpose such an aphorisme as this , vtile est innasci sebrem in spasmo . but for the remedying of moral or politick distempers , it is neither warrantable nor safe to try such experiments : not warrantable ; because we have no such rule given us in the word of god whereby to operate : nor safe ; because herein the mean onely is commendable , all extreams ( whether in defect or excess ) vitious . now what defects or excesses there might be in the reformation of religion and the church within these realms during the raigns of k. henry the eighth , king edward the sixth , and queen elizabeth ; it doth not become me , neither is it needful , to examine . but sure it is , they that had the managery of those affairs in their several respective times were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , made of the same day with other men , subject to infirmities and passions , and to be byassed with partial affections , and those affections capable to be enflamed with zeal , cooled with delayes , enraged by opposition , and allayed by seasonable applications . and therefore although we cannot say for certain with what affections those reformers in the beginning of edward's raign were steered in the whole business : yet it is very possible , and in this particular of the statutes , ( from the weakness of the reasons therein expressed ) not improbable , that the jealousies they had of the papal power so lately ejected might make them more abundantly cautelous and sollicitous to secure themselves thereagainst , then need required . verily the temper of those times and men , and the reformation made about those times in other countreys considered ; we have far greater cause to bless god that in their then ▪ reformation in very many things they did not a great deal worse , then to blame them that in some few things they did not a little better , then they have done . xxi . it is further considerable thirdly , that where a reformation is truly intended , and the thing it self intended by that reformation to be established is also within a tolerable compass of mediocrity ; there may yet be such errour in the choice of the means to be used for the accomplishing of those intentions , as may vitiate the whole work , and render it blame-worthy . for although it be a truth so expresly affirmed by the apostle , and so agreeable to the dictates of right reason [ that we may not do any evil thing for any good end ] as that i should scarce have believed it possible that any man that pretended to be christian or but reasonable should hold the contrary , had i not been advertised by very credible persons that some men of eminent place and power did so , by distinguishing ( but beside the book , and where the law distinguisheth not ) between a publick and a private good end : yet the eagerness of most men in the pursuance of such ends as they are fully bent upon , and their pride of spirit disdaining to be crossed in their purposes , and impatient of meeting with any opposition ; putteth them many times upon the use of such means as seem for the present best conducing to the ends they have proposed to themselves , without any sufficient care to examine whether such means be lawful or not . for either they run on headlong and are resolved not to stick at any niceties of conscience , but being ingaged in a design to go through with it per fas & nefas ; measuring honesty by utility : or els they gather up any thin fig-leaves where they can meet with them to hide the deformity of their actions if it were possible even from their own eyes ; and are willing their affections should bribe and cheat their judgements with any weak reasons to pronounce that lawful to be done which they have a mind to do , the secret checks and murmurings of their consciences to the contrary notwithstanding . hence it is , that whereas men ought to conform all their wills and actions to the exact rule of gods word , they do so often in stead thereof crooken the rule to make it comply with their actions and desires : raising such doctrines and conclusions from the sacred texts of scripture by forced inferences , as will best serve to give countenance to whatsoever they fancie to be , or please to call reformation ; and to whatsoever means they should use for the effecting of such reformation , though it were by popular tumults , civil war , despising governours , breaking oaths , open rebellion , or any other act how unjust soever and full of disloyalty . which made learned zanchy , observing in his time how anabaptists and all sorts of sectaries , that attempted to bring in any new and unheard of alteration in religion into the churches of christ , by any means though never so seditious and unlawful , did yet justifie all their enterprises by this , that they were done in order to a more perfect reformation , to cry out , ego non intelligo istam reformatorum mundi ●●elogiam . whether this observation be so sitly applyable to those times of king edwards reformation , as the two former considerations were , i know not : i am sure it sitteth but too well to these evil times of ours , wherein the pretence of a thorow-reformation serveth as a foile to set off the blackest crimes that ever the christian world was guilty of . xxii . lastly , say there should be nothing amiss in any of the premisses , but that the intentions were sincere , the proceedings moderate , and the means lawful : yet since no wit of man is at the present able to foresee all the inconveniences that may ensue upon any great and suddain change of such lawes and customes as have been long and generally observed , till time and experience discover them ; it may very well ( and not seldome doth ) come to pass , that the reformation intended for the remedying of some one abuse , or the preventing of some present apparant inconvenience , may open a gap to let in some other abuses or inconveniences , which ( though yet undiscerned ) may in time prove to be more and greater , then those that were sought to be remedyed . physicians tell us that all sudden changes in the body are dangerous : and it is no otherwise in the church and state. which is the ground of that maxime , well approved of all wise men , if rightly understood , malum benè positum non movendum : and of that other , so famous in the ancient councels , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let the old customes be observed . and therefore aristotle gravely censureth that law made by hippodamus the milesian law-giver , that whosoever should devise any new law for the common good should be rewarded by the state , as a law indeed foolish and pernicious , how specious and plausible soever it seemed at the first appearance : because ( saith he ) it would but encourage busie & active spirits to be alwayes innovating some thing or other in the state , which might finally tend to the subversion of all ancient lawes and customes , and consequently of the whole government it self . now that the reformation in king edwards dayes , as to this particular in that statute concerned , was subject at least to this frailty , we may very probably gather ( a posteriori ) from this ; that after it was once repealed , they that had to do in the reformation ever since , thought it sit rather to let it lye under that repeal , then to revive it . xxiii . there can be no doubt , but that to an objection made from the force of a statute , it is a sufficient answer ( if it be true ) to say that the said statute hath been repealed and so continueth . yet the adversaries of episcopacy are so pertinaciously bent to hold their conclusion in despite of all premisses , that they seem to be nothing satisfied there withal , but dividing the answer , turn the former part of it ( viz. that of the repeal ) to their own advantage . for say they , that repeal being made by queen mary , who was a professed papist , and a persecuter of the protestant religion , was certainly an act of hers done in favour of popery ; and so is a strong confirmation , that the form of proceeding formerly used by the bishops in the ecclesiastical courts , prohibited by the statute of king edward , but restored by that her repeal , was a popish practice , and more besitting papists then protestants to use . xxiv . to return a full answer hereunto ; first it shall be willingly granted , that queen mary , being a zealous papist , did cause that statute made in the first of her brothers raign to be repealed out of pure zeal to the romish religion , and in favour of the pope and of his iurisdiction . both bee use she conceived ( which was true ) that her late brother being a protestant had by that statute prohibited the bishops to do sundry things in their own names , of purpose thereby to lessen the popes authority within his realms : as also because their using of the kings name in their processes and acts carried with it ( as we formerly granted ) a more express and evident acknowledgment of the kings supremacy ecclesiastical , then the contrary custome doth . xxv but then secondly , this being granted , it will by no means follow either first , that the repeal of that statute is not to be valued by any protestant ; or that secondly the custome of the bishops prohibited by the statute and restored by the act of repeal was popish ; or thirdly , that our former answer was unsufficient : not the first , because we are not to look upon the statute and upon the act of repeal , as they were made , the one by a protestant the other by a papist ( for that were to judge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and with respect of persons ; ) but to consider whether the reasons whereupon the statute was grounded were in veritate rei such , as that it ought not to have been repealed either by papist or protestant . which reasons how they have been valued , appeareth upon the post-fact in this ; that a papist princess by the principles of her religion could do no less then repeal that statute , and a protestant princess without prejudice to the principles of her religion might continue that repeal . xxvi . not the second : because that very statute of i. edward the sixth , by which it is ordained that all summons , citations and other processes ecclesiastical be made in the name and with the style of the king , doth it self sufficiently absolve the contrary custome formerly used by the bishops acting in their own names , from being either popish or otherwise derogatory to the kings supremacy . inasmuch as by proviso's in the said statute the bishops are still permitted in some cases to use their own names without any mention at all to be made of the king : as namely the archbishop of canterbury to grant faculties and dispensations ; and every other bishop to make collations , presentations , institutions and inductions of benefices , letters of orders and dimissories &c. under their own names and seals , as by the words of the said statute doth plainly appear . which sure would not have been permitted in any case , had the thing it self been by them conceived to have been simply and de toto genere either popish or prejudicial to the regal power . xxvii . not the third : because they disjoynt our former answer , that they might make their advantage of the one piece of it severed from the other . for the strength of the answer ( it being copulative ) was not to lye in either part alone , but in both together taken joyntly ; and indeed more principally in the later part which they slightly put off , then in the former whereat they take advantage . we do not say that the objecting of that statute is of little moment against us , because it was repealed by queen mary ( though that repeal alone is sufficient to make it void and invalid as to all effects in law : ) but because being then repealed it was never after revived in the raigns either of queen elizabeth , king iames , or his majesty that now is : which sheweth that the act of repeal ( as to the point now in dispute ) was by them approved of , and intended to continue in force . and it will thence follow further and most clearly , that in the judgement of all these wise and religious princes , there was a great difference between the papal and the episcopal iurisdiction , as they had been either of them exercised within these realms : and that the papal was prejudicial to the regal power and supremacy , but the episcopal was not . xxviii . neither doth that suffice which is put in by way of reply hereunto , to alledge that the continuance of the old custome ( after the repeal made ) happened either through inadvertency of the state , or by reason of the great power some or other of the bishops ever had with those princes . for it cannot be doubted but that the state , having before them a precedent of so late and fresh memory as the statute of . edw. . would at some time or other within the space of fourscore years ( especially there being no want in those dayes of enough greedy great-ones and factious disciplinarians to remind them of it ) have taken a time to frame and pass a bill for the reviving of that statute : if they had deemed the custome , therein forbidden , popish or derogatory either to the kings honour or power , or had not rather found sufficient reason to perswade them that the said statute was inconvenient , or at leastwise useless . and as for the bishops , they that understand the condition of those first times well know that ( under god and his good providence ) they stood in a manner by the immediate and sole favour of queen elizabeth . the papists on the one side hated them above all other sorts of men , because of their religion , and their abilities above all other men to defend it . on the other side the puritanes who envied their power , and some great ones about the court , who having tasted the sweet of sacriledge in the times of the two last kings , thirsted after the remainder of their revenues , complyed either with other , for their several respective ends , against the bishops . which being so , it had been the foolishest thing in the world for the bishops , to have used that power or interest they had with the queen ( upon whose favour or displeasure their whole livelyhood depended ) for the procuring of her consent to any act to be done in favour of them , that malice it self could with any colourable construction interpret either to savour of popery , or to trench upon the royal supremacy : that queen having both by her sufferings before , and actions after she came to the crown , sufficiently witnessed to the world her averseness from popery : and being withall a princess of a great spirit , and particularly jealous in the point of prerogative . xxix . whence i think we may ( with good reason ) conclude , that the ancient custome of the bishops in making summons , &c. in their own names , after it was by the act of repeal . mar. restored , was continued by queen elizabeth and her successours ever since without interruption , or reviving of the statute of king edward : neither out of any inadvertency in the state , nor through any importune or indirect labouring of the bishops , as by the objectors is weakly presumed ; but advisedly and upon important considerations , viz. that the devising of such a new way , as is set forth and appointed in the said statute , was not only a needless thing , ( and laws should not be either made , or altered , but where it is needful so to do , ) but subject also to manifest both inconvenience , and scandal . xxx . that it was altogether needless to change the old custome may appear by this , that all the imaginable necessity or utility of such a change could be onely this : to secure the king by using his name in their processes &c. ( as a real acknowledgement that their iurisdiction is derived from him and no other . ) that the bishops had no intention in the exercise of their episcopal power to usurp upon his ecclesiastical supremacy . which supremacy of the king , and superiority of his jurisdiction & authority over that which the bishops exercised , being already by so many other wayes and means sufficiently secured ; it could argue nothing but an impertinent jealousie , to endeavour to strengthen that security by an addition of so poor and inconsiderable regard . xxxi . the kings of england are secured against all danger that may accrue to their regal power from episcopal iurisdiction as it hath been anciently and of later times exercised in this realm : first by the extent of their power over the persons , and livelihoods of the bishops , and over the whole state ecclesiastical , as in the ancient right of the crown , which how great it was , may appear by these three particulars . xxxii . first , the collation and donation of bishopricks together with the nomination of the persons to be made bishops , in case they did by their writ of conge d'eslier permit the formality of election to others , did alwayes belong to the kings of this realm , both before and since the conquest , as in right of their crown . our learned lawyers assure us , that all the bishopricks of this realm are of the kings foundation : that they were originally donative , and not elective : and that the full right of investiture was in the king , who signified his pleasure therein per traditionem baculi & annuli , by the delivery of a ring and a crosier-staff to the person by him elected and nominated for that office . the popes indeed often assayed to make them elective , either by the dean and canons of the cathedral , or by the monkes of some principal abbey adjoyning : but the kings still withstood it , and maintained their right as far as they could or durst . insomuch as king henry the first being earnestly sollicited by the pope to grant the election of bishops to the clergy , constanter allegavit ( saith the story ) and verbis minacibus , he stoutly and with threats refused so to do , saying he would not for the loss of his kingdome lose the right of those investitures . it is true that king iohn , a prince neither fortunate nor couragious , being overpowred by the popes , did by charter in the seventeenth year of his raign grant that the bishopricks of england should be eligible . but this notwithstanding in the raign of king edward the third , it was in open parliament declared and enacted , that to the king and his heirs did belong the collation of archbishopricks , &c. and all other dignities that are of his advowson ; and that the elections granted by the kings his progenitors were under a certain form and condition , viz. that they should ask leave of the king to elect , and that after the election made they should obtain the kings consent thereunto ; and not otherwise . xxxiii . secondly , the king hath power , if he shall see cause , to suspend any bishop from the execution of his office for so long time as he shall think good : yea , and to deprive him utterly of the dignity and office of a bishop , if he deserve it . which power was de facto exercised both by queen mary and queen elizabeth in the beginning of their several raigns upon such bishops as would not conform to their religion . xxxiv . thirdly , the kings of england have a great power over the bishops in respect of their temporalties , which they hold immediately of the king per baroniam ; and which every bishop elect is to sue out of the kings hands ( wherein they remained after the decease of the former bishop during the vacancy , ) and thence to take his only restitution into the same , making oath and fealty to the king for the same upon his consecration . yea , and after such restitution of temporalties and consecration , the king hath power to seize the same again into his own hands , if he see just cause so to do . which the kings of england in former times did so frequently practice upon any light displeasure conceived against the bishops ; that it was presented as a grievance by the arch-bishop of canterbury and the other prelates by way of request to king edw. . in parliament , and thereupon a statute was made the same parliament , that thenceforth no bishops temporalties should be seized by the king without good cause . i finde cited by sir edward coke out of the parliament rolls . h. . a record , wherein the king straightly chargeth the bishops not to intermeddle in any thing to the prejudice of his crown ; threatning them with seisure of their temporalties if they should so do . the words are , mandatum est omnibus episcopis quae conventuri sunt apud gloucestr ' ( the king having before summoned them by writ to a parliament to be holden at gloucester ) firmiter inhibendo , quod sicut baronias suas quas de rege tenent diligunt , nullo modo praesumant concilium tenere de aliquibus quae ad coronam pertinent , vel quae personam regis vel statum suum , vel statum concilii sui contingunt ; scituri pro certo quod si fecerint , rex inde capiet se ad baronias suas , &c. by which record , together with other the premisses , it may appear , that the kings by their ancient right of prerogative had sundry wayes power over the bishops whereby to keep them in obedience , and to secure their supremacy from all peril of being prejudiced by the exercise of episcopal iurisdiction . xxxv . yet in order to the utter abolishing of the papal usurpations and of all pretended forraign power whatsoever in matters ecclesiastical within these realms , divers statutes have been made in the raign of king henry the eighth and since for the further declaring and confirming of the kings supremacy ecclesiastical . wherein the acknowledgement of that supremacy is either so expresly contained , or so abundantly provided for ; as that there can be no fear it should suffer for lack of further acknowledgement to be made by the bishops in the style of their courts . amongst other , first , by statute made . h. . . upon the submission and petition of the clergy it was enacted , that no canons or constitutions should be made by the clergy in their convocation without the kings licence first had in that behalfe , and his royal assent after : and likewise that no canon &c. should be put in execution within the realm that should be contrariant or repugnant to the kings prerogative royal , or the customes , lawes , or statutes of the realm . then secondly , by the statute of . eliz. cap. . all such ecclesiastical iurisdictions , priviledges , superiorities and pre-eminences , as had been exercised or used , or might be lawfully exercised or used by any ecclesiastical power or authority was ( declared to be ) for ever united and annexed to the imperial crown of this realm . and thirdly , it was also in the same statute provided , that the oath of supremacy ( wherein there is contained as full an acknowledgement of the kings ecclesiastical suprenacy as the wit of man can devise ) should be taken by every archbishop and bishop &c. which hath been ever since duely and accordingly performed . xxxvi . lastly from receiving any prejudice by the bishops and their iurisdiction , the regal power is yet farther secured , by the subordination of the ecclesiastical laws and courts to the common law of england , and to the kings own immediate courts . for although the ecclesiastical laws be allowed by the laws of this realm , and the proceedings in the ecclesiastical courts be by the way of the civil and not of the common law : yet are those laws and proceedings allowed with this limitation and condition , that nothing be done against the common law whereof the kings prerogative is a principal part ) nor against the statutes and customes of the realm . and therefore the law alloweth appeales to be made from the ecclesiastical courts to the king in chancery : and in sundry cases , where a cause dependeth before a spiritual iudge , the kings prohibition lyeth to remove it into one of his temporal courts . xxxvii . having so many several ties upon the bishops to secure themselves and their regal authority from all danger that might arise from the abuse of the ecclesiastical power and iurisdiction exercised by the bishops in their courts ( by the ancient prerogative of their crown , by the provisions of so many statutes and oaths , by the remedy of the common law : ) the kings of england had no cause to be so needlesly cautelous as to be afraid of a meere formality , the style of a court. especially considering the importance of the two reasons expressed in the statute of king edward , as the onely grounds of altering that style , not to be such as would countervaile the inconvenience and scandal that might ensue thereupon . xxxviii . for whereas it was then thought convenient , to change the style used in the ecclesiastical courts , because it was contrary to the form used in the common-law-courts within this realm , ( which is one of the reasons in the said statute expressed : ) it might very well upon further consideration be afterwards thought more convenient for the like reason to retain the accustomed style , because otherwise the forme of the ecclesiastical courts would be contrary to the form of other civil-law-courts within the realm ( as the admiralty , and earle-marshals court , ) and of other courts of the kings grant made unto corporations ; with either of which , the ecclesiastical courts had a nearer affinity , then with the kings courts of record , or other his own immediate courts of common law. nor doth there yet appear any valuable reason of difference , why inconformity to the common law-courts should be thought a sufficient ground for the altering of the forms used in the ecclesiastical courts ; and yet the like forms used in the admiralty , in the earle-marshals court , in courts baron , in corporation-courts &c. should ( notwithstanding the same inconformity ) continue as they had been formerly accustomed without alteration . xxxix . if any shall alledge as some reason of such difference , the other reason given in the said statute ; viz. that the form and manner used by the bishops was such as was used in the time of the usurped power of the bishop of rome : besides that therein is no difference at all , ( for the like forms in those other aforesaid courts were also in use in the same time ; ) there is further given thereby great occasion of scandal to those of the church of rome . and that two wayes : first , as it is made a reason at all ; and secondly , as it is applyed to the particular now in hand . first , whereas the papists unjustly charge the protestant churches with schism for departing from their communion : it could not but be a great scandal to them , to confirm them in that their uncharitable opinion of us , if we should utterly condemn any thing as unlawful , or but even forbid the use of it as inexpedient , upon this onely grouud or consideration , that the same had been used in the times of popery , or that it had been abused by the papists . and truly the puritanes have by this very means given a wonderful scandal and advantage to our adversaries , which they ought to acknowledge and repent of : when transported with an indiscreet zeal they have cryed down sundry harmeless ceremonies and customes as superstitious and antichristian , onely for this that papists use them . whereas godly and regular protestants think it agreeable to christian liberty , charity and prudence , that in appointing ceremonies , retaining ancient customes , and the use of all other indifferent things such course be held , as that their moderation might be known to all men ; and that it might appear to their very adversaries , that wherein they did receed from them or any thing practised by them , they were not thereunto carried by a spirit of contradiction , but either cast upon it by some necessity of the times , or induced for just reasons of expediency so to do . xl. but then secondly , as that reason relateth to the present business in particular , the scandal thereby given is yet greater . for we are to know , that when king henry the eighth abolished the papal power , resuming in his own hand the ancient rights of the crown , which the bishops of rome had unjustly usurped : he took upon himselfe also that title which he then found used by the bishops of rome , but which none of his progenitors the kings of this realm had ever used , of being the supream head of the church within his dominions . this title continued during the reign of his son king edward the sixth , by whom the statute aforesaid was made , and is mentioned in that very statute . now albeit by that title or appellation was not intended any other thing , then that supremacy ecclesiastical which the kings of this land have , and of right ought to have , in the governance of their realms over all persons and in all causes ecclesiastical as well as other , and which is in the oath of supremacy ackowledged to belong unto them : yet the papists took scandal at the novelty thereof , and glad of such an occasion made their advantage of it , to bring a reproach upon our religion ; as if the protestants of england were of opinion , that all spiritual power did belong unto the king , and that the bishops and ministers of england had their whole power of preaching , administring the sacraments , ordaining , excommunicating , &c. solely and originally from the king , as the members of the body live by the influence which the head hath into them . upon their clamours , that title of supream head and governour was taken into farther consideration in the beginning of queen elizabeths raign . and although that style in the true meaning thereof was innocent and defensible enough : yet for the avoiding of scandal and cavil , it was judged more expedient that the word head should thenceforth be laid aside , and the style run only supream governour ; as we see it is in the oath of supremacy and otherwhere ever since , without mentioning the word head ; according to the intimations given in the queens injunctions and elswhere in that behalfe . and it seemeth to me very probable , that for the same reason especially ( besides those other reasons already given ) it was thought fitter by her then , and by her successours hitherto ; that the bishops in all their ecclesiastical courts and proceedings should act in their own names as formerly they had done , then that the statute of king edward should be revived , for doing it in the kings name . for the sending out processes &c. in order to excommunication and other church-censures in the kings name , would have served marvellously to give colour , ( and consequently strength , in the apprehension at least of weaker judgements ) to that calumny wherewith the papists usually asperse our religion , as if the kings of england took themselves to be proper and competent iudges of censures meerly spiritual in their own persons , and the prelates accordingly did acknowledge them so to be . thus have i shewen to the satisfaction ( i hope ) of the ingenuous and unprejudiced reader , that episcopacy is no such dangerous creature either in the opinion or practice , as some would make the world believe it is : but that the kings crown may stand fast enough upon his head , and flourish in its full verdure , without plucking away or displacing the least flower in it , notwithstanding episcopacy should be allowed to be of divine right in the highest sence , and the bishops still permitted to make their processes in their own names and not in the kings . by this time i doubt not , all that are not willfully blind ( for who so blind , as he that will not see ? ) do see and understand by sad experience , that it had been far better both with king and kingdome then now it is , or ( without gods extraordinary mercy ) is like to be in haste : if the enemies of episcopacy had meant no worse to the king and his crown , then the bishops and those that favoured them did . a post-script to the reader . whereas in my answer to the former of the two objections in the foregoing treatise , i have not any where made any clear discovery what my own particular judgement is concerning the jus divinum of episcopacy in the stricter sense , either in the affirmative or negative : and for want of so doing , may perhaps be censured by some to have walked but haltingly , or at least wise with more caution and mincing , then became me to do in a business of that nature ; i do hereby declare , . that , to avoid the starting of more questions then needs must , i then thought it fitter ( and am of the same opinion still ) to decline that question , then to determine it either way : such determination being clearly of no moment at all to my purpose , and for the solving of that objection . . that nevertheless , ( leaving other men to the liberty of their own judgements ) my opinion is , that episcopal government is not to be derived meerly from apostolical practise or institution : but that it is originally founded in the person and office of the messias , our blessed lord jesus christ . who being sent by his heavenly father to be the great apostle , [ heb. iii. . ] bishop and pastor [ pet. ii. . ] of his church , and anointed to that office immediately after his baptisme by john with power and the holy ghost [ act. x. - . ] descending then upon him in a bodily shape [ luk. iii. . ] did afterwards before his ascension into heaven , send and impower his holy apostles , ( giving them the holy ghost likewise as his father had given him ) in like manner as his father had before sent him [ joh . xx. . ] to execute the same apostolical , episcopal and pastoral office for the ordering and governing of his church until his coming again : and so the same office to continue in them and their successours , unto the end of the world . [ mat. xxviii . — . ] this i take to be so clear , from these and other like texts of scripture ; that if they shall be diligently compared together , both between themselves , and with the following practise of all the churches of christ , as well in the apostles times as in the purest and primitive times nearest thereunto ; there will be left little cause , why any man should doubt thereof . . that in my answer to the later objection i made no use at all ( nor indeed could do ) of the opinion of the reverend judges in that point , nor of his majesties proclamation grounded thereupon . for although the proclamation had been extant ten years before this task was imposed upon me ; yet i had never seen , nor so much as heard of the same in all the time before , nor yet in all the time since ; till about ten dayes ago i was advertised thereof , when these papers were then going to the press . which , since they give so much strength to the main cause , and so fully avoid the objection ; i have followed the advise of some friends , and caused them to be printed here withal . finis . notes, typically marginal, from the original text notes for div a -e see stat. . h. . ; . edw. . . cok. . instit. . sect. . stat. for the clergy . ● . . cap. . the judgment of sir orlando bridgman declared in his charge to the jury at the arraignment of the twenty nine regicides (the murtherers of king charles the first, of most glorious memory) began at hicks-hall on tuesday the ninth of october, , and continued at the sessions-house in the old-baily, until friday the ninteenth of the same month. bridgeman, orlando, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the judgment of sir orlando bridgman declared in his charge to the jury at the arraignment of the twenty nine regicides (the murtherers of king charles the first, of most glorious memory) began at hicks-hall on tuesday the ninth of october, , and continued at the sessions-house in the old-baily, until friday the ninteenth of the same month. bridgeman, orlando, sir, - . [ ] p. s.n., [london : ?] broadside. caption title. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bridgeman, orlando, -- sir, - . charles -- i, -- king of england, - . divine right of kings. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the judgment of sir orlando bridgman , declared in his charge to the jury at the arraignment of the twenty nine regicides ( the murtherers of king charles the first , of most glorious memory ) began at hicks-hall on tuesday the ninth of october , and continued at the sessions-house in the old-baily , until friday the ninteenth of the same month. these are the very words of sir orlando bridgman , p. . in the book of the tryals . i must deliver for plain and true law. that no authority , no single person , no community of persons , not the people collectively , or representatively , have any coer●ve power over the king of england ; and i do not speak mine own sense , but the words of the laws unto you . it was the treason of the spencers in king edward the second's time , in colvin's case , in the th report , the spencers had an opinion , that all homage and a legeance was due to the king by reason of the crown , as they called it ; and thereupon ( say the books and records ) they drew out this execrable inference ( among others ) that if the king did not demean himself according to kight , because he could not be reformed by law , he might per asperte● , that is by sh●p imprisonment . but this was adjudged horrid treason by two acts of parliament . [ let me tell you what our law books say , for there is the ground , out of which ( and the sea●utes together ) we mast draw all our conclusions for matter of government . how do they stile the king ? they call him the lieutenant of god , and many other expressions . in the book of hen. . says that book there , the k● is immediate from god , and hath no superior . the statute says , that the crown of england is immediately subject to god and to no other power . the king , says our books , he is not only caput populs , the head of the people , but caput re●public● , the head of the common-wealth , the three estates . and truly thus our statutes speak very fully . common experience tells you when we speak of the king , and so the statutes of edward the third , we call the king , our sovereign lord the king. sovereign , that is , supr●am . and when the lords and commons in parliament apply themselves to the king , they use this expression , your lords and commons , your faithful subjects , humbly beseech . i do not speak any words of my own but the words of the laws . in the statute hen. cap . 't is thus exprest , whereas by divers , sundry , old , authentick histories and chromcles , it is manifestly declared , that this realm of england is an empire , and so hath been accepted in the world , governed by one supream head and k● having the dignity and royal estate of the impersal crown . hen. . c there it is the people speaking of themselves , that they do recognize no superior under god but only the kings grace . gentlemen , you see if the king be immediate under god , he derives his authority from no body else ; if the king have and 〈◊〉 i power , if the king be head of the common-wealth , head of the body politick ; if the body politick owe him obedience , truly i think it is an undenied consequence , he must needs be superior over them . the imperial crown is a word that is significative , you shall find in all statutes , eliz. and jacobi , nay even in the act of judicial proceedings of this parliament it is called an impertal crown . they that take the oaths of allegeance and supremacy , they swear , that they will to their power , assist and defend all jurisdictions , priviledges , preheminencies , and authorities granted or belonging to the king , his hears and successors , or annexed to the imperial crown of this realm . what is an imperial crown ? that , which as to the goersive part , is subject to no man under god , is not subject to any humane tribunal or judicature whatsoever . gentlemen , since this is so , consider the oath of upremacy , which most men have taken or should take . all men that enter into the parliament house , they are expres●y enjoyn'd by statute to take the oath of supremacy . what says that oath ? we swear , that the king is the only supream governour within this realm and dominions . he is supream , and the only supream , and truly if he be supream , there is neither major nor superior . i declare this , to you , to let you know that the king is immediately subject to god , and so is not punishable by any person . he is the supream head , he is not punishable by any coersive power , the laws provide for that , the king can do no wrong ; it is a rule of law , it is in our law books very frequent . ed. ● . lord coke and many others . if he can do no wrong , he cannot be punished for any wrong . the king hath the infirmities and weakness of a man , but he cannot do any injury , at least not considerable in person . he must do it by ministers , agents , and instruments . now the law , though it provide for the king yet if any of his ministers do wrong , though by his command ; they are punishable . he is not to be touched , touch not mine anointed . thus far that great and eminent lawyer , afterwards made lord keeper of the great seal of england by king charles the second of ever blessed memory . and if his judgement be false , unto which most of the lords of england , at least of the privy council , sitting with him , did assert , shall not we make martyrs of the king's regicides ? to be sure they had hard measure , after the reasons that were given by mr. cook and mr. scot for what they did , if this were not law. lingua testium: wherein monarchy is proved, . to be jure divino. . to be successive in the church (except in time of a nationall desertion) from adam untill christ. . that monarchy is the absolute true government under the gospel. . that immediately after extraordinary gifts in the church ceased, god raised up a monarch for to defend the church. . that christian monarchs are one of the witnesses spoken of rev. . . that england is the place from whence god fetched the first witnesse of this kind. . england was the place whither the witnesses, (viz. godly magistracy and ministry) never drove by antichrist. where is proved, first, that there hath been a visible magistracy, (though in sackcloth,) these . yeares in england. ... amongst these things are proved that the time of the calling of the jews, the fall of antichrist, and the ruine of the beast of the earth is at hand. wherein you have the hard places of mat. , and rev. . explained with severall other hard texts: ... / written by testis-mundus catholicus, in the yeare of the beasts of the earth's raign, . hall, edmund, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) lingua testium: wherein monarchy is proved, . to be jure divino. . to be successive in the church (except in time of a nationall desertion) from adam untill christ. . that monarchy is the absolute true government under the gospel. . that immediately after extraordinary gifts in the church ceased, god raised up a monarch for to defend the church. . that christian monarchs are one of the witnesses spoken of rev. . . that england is the place from whence god fetched the first witnesse of this kind. . england was the place whither the witnesses, (viz. godly magistracy and ministry) never drove by antichrist. where is proved, first, that there hath been a visible magistracy, (though in sackcloth,) these . yeares in england. ... amongst these things are proved that the time of the calling of the jews, the fall of antichrist, and the ruine of the beast of the earth is at hand. wherein you have the hard places of mat. , and rev. . explained with severall other hard texts: ... / written by testis-mundus catholicus, in the yeare of the beasts of the earth's raign, . hall, edmund, or - . [ ], , [ ] p. s.n., [london : ] testis-mundus catholicus = edmund hall. place of publication from wing. with a final errata leaf. annotation on thomason copy: "july. .". reproduction of the original in the british library. eng charles -- i, -- king of england, - . catholic church -- controversial literature -- early works to . divine right of kings -- early works to . continuity of the church -- anglican communion -- early works to . eschatology -- early works to . monarchy -- great britain -- early works to . religion and state -- england -- early works to . a r (thomason e _ ). civilwar no lingua testium:: wherein monarchy is proved, . to be jure divino. . to be successive in the church (except in time of a nationall deserti hall, edmund d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion lingva testivm : wherein monarchy is proved , . to be jure divino . . to be successive in the church ( except in time of a nationall desertion ) from adam untill christ . . that monarchy is the absolute true government under the gospel . . that immediately after extraordinary gifts in the church ceased , god raised up a monarch for to defend the church . . that christian monarchs are one of the witnesses spoken of rev. . . that england is the place from whence god fetched the first witnesse of this kind . . england was the place whither the witnesses , ( viz. godly magistracy and ministry ) never drove by antichrist . where is proved , first , that there hath been a visible magistracy , ( though in sackcloth , ) these . yeares in england . secondly , that this magistracy in all ages ( since antichrists being visible ) hath witnessed for christ against antichrist . thirdly , that the late king who was cut off with the axe , was the lawfull successor of gods witnesses , who for these . yeares have been witnesses in sackcloth for christ against antichrist , whereby t' is evident that he is the slain witnesse that finished his testimony . fourthly , that his son the k. of scotland who is the witnesse expected . yeares and an half after the slaying of ( the witnesses to rise again ) is by an unquestionable title emperour of rome , and that prince expected to be the ruine of the antichristian monarchy of rome . amongst these things are proved that the time of the calling of the jews , the fall of antichrist , and the ruine of the beast of the earth is at hand , where in you have the hard places of mat. , and rev. . explained with severall other hard texts : together with a description of the last enemies which slay the witnesses , whereby t is evident that england is the place where the witnesses are slain , and no place else . written by testis-mundus catholicus , in the yeare of the beasts of the earth's raign , . reader : i have taken upon me one of the hardest taskes this day in the world , and who am i that undertake it ? but the weakest that ever travelled in this high way . i find gyants in learning , stumbling , falling , stragling , and quite tyred in this way : many mighty men durst never adventure to put foot therein , and few that ever entred it can say they came to their journies end ; there was still a pus ultra which they all acknowledged . this only was my encouragement to enter into this sacred thicket of divine mysteries , that that divine essence which gave it to the world , delights to reveale it to babes and sucklings in the world . i am sure my lord and master the king of heaven and earth delights to have it so ; the great god usually magnifies his grace this way , by doing great things by the weakest meanes , he made a poore , weake , despised maid , alone , to bring forth the mighty monarch of heaven and earth . indeed , in this great work i have been , ( as the blessed virgin ) both {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} alone . whiles i was bigge of what i have here brought forth in both these tracts , i was inforced ( like elizabeth ) to hide my self ; for so grievous were the thrumps and kicks of my friends against it ; whiles i went in pain of it , that i could not endure them , and now it is born , the herods of the times doe seek its life . i must confesse it goeth adroad in a homely dress , yet it is never the lesse , nor never the worse truth . the harp is davids harp , though the method and the stile ( which are as the strings and the fingers ) are mine ; which i could heartily wish were better . the rudenesse of them i doe acknowledge may give occasion to my enemies to make me the morrall of lucians fable who ( deriding illiterate sauce-boxes ) tells us of a supercilious asses whose aspiring minde ( looking at least five sphere above his reach ) made his rude fingers itch to be playing on orpheus his harp , snatching it therefore from apollo to whom 't was dedicated , to work he went , and made therewith such an hideous noise , that instead of making wilde beasts tame ( as orpheus was wont ) he made the tame dogs of the town madde , who ran upon him and tore him in pieces . i doe not desire to make the morrall of this fable , let if i must , because my enemies will have it so , if i make such harsh musick of that sacred harp the bible , that i inrage the dogs of this age against me , but my enemies remember that my unskilfull fingers make harsh musick onely in dogs eares ; and however , the harp i play upon is still the same , and none but dogs thereat will be inraged . i confesse of all instruments this of sigionoth is the hardest , and i may truly say that many excellent musicians ( otherwayes ) have made such harsh musick on this instrument , that the romish dogs have had to just a cause to bark at them ; but as for the romish party i feare them not , because i am sure they cannot come at me for their own authors , they must thrust them through to touch me , and so must the independents likewise : so that i have the least cause of any man to feare either of them ; and as for others , i expect by the law of gratitude faire dealing at their hands : if it be asked why this preface is made a book distinct and not joyned to [ manus testium ] as it ought . i answer , . 't is not my fault but theirs that print it , these are times of separation . . i committed them to severall hands , that if one miscarried , the other might possibly have safe arivall ; and if either , there might be light enough in that alone to tell the the world who the witnesses are , where they shall be slain , when they shall be slain , and who shall slay them , and when and where he shall be overcome that slayes them ; for this cause have i handled many things in this preface which i have touched on in the book , and touched many things here which i have handled in the booke ; that ( in this tract i have handled more clearly ) which i lest obscurely [ through over much brevity ] in the book , especially that of monarchy , and that of the beast which slayes the witnesses in rev. . where i have indeavoured to answer all the hard questions in that chapter which is the mystery of the revelations , as yet to me never by any one fully and clearely opened . i have not studied loftiness but plainness of speech in these tracts , i have not ( as most schollars doe ) eyed onely schollars , but herein ( playing the jesuite of our times ) i have eyed the vulgar ●ort most , and writ to their capacities , that so ( counter-workking the jesuite of our times ) i might undeceive poore misled soules ( who are stung with those iesuiticall independent scorpions ) and bring them to the knowledge of the true church , a lawfull magistracy and ministery , and discover to them the true antichrist . for this cause ( reader ) doe i run a corporall hazard on purpose to save thy soule harmlesse by pulling thee by timely repentance out of babylon that is now falling . i beseech the therefore since i have not counted my paines , purse , person nor life to much too prepare it and present it to thee , doe not think thy paines to much to read it , read it as i writ it with much diligence and fervent prayer , and i pray god grant that it may be so effectuall by the operation of the holy ghost upon all that reade it , that the drooping feebl soul may be incouraged , the blind enlightned , & the obstinate so terrified , that the divels kingdome may be shaken by it antichrists kingdome may be confounded by it , and the beast of the earth who supports them both may be speedily and utterly ruined by it : this is the daily and hourly prayer of him who studies nothing more then thy spirituall welfare . the author to his book . my little book ( i only call thee mine , because in these dark times i 'm only thine ) goe quickly through the world , and boldly say , that mighty monark's comming to destroy the church her enemies ; let proud rome know from thee shee 's neare her last great overthrow ; and tell the earth-beast when the seven trump ' sounds , his death 's designd : that trump ' his power confounds . then let the dragon also understand , christs comming , and his chaining up's at hand and let the house of austria know , and spain . their sunne shall set , and never rise againe this message don , ( my booke ) goe to the jewes , and with a cheerefull voyce proclaime this news our lord is their messias , and their eyes shall weepe ore him whom now they doe despise . their native king our lord , shall by his hand restore the twelve tribes to their native land . they shall put eie to eie , that is , shall see their prophets and the apostles to agree . this don , go to the gentiles church which lies , this day o'rewhelmed with deep calamities : comfort her thus , tell her the scriptures say , her witnesses shall rise that beast to slay , in whose destruction the grand power of all the three last gospell enemies shall fall , tell her this earth-beast raignes , this howers that day which slayes her witnesses , the scriptures say . bid her not feare , those offices now slaine in church and state shall shortly rise againe . whose glorious rising shall the world affright and slay this earth-beast with his men of might . then shall the vialls run , gods wrath shall rise and ruine his three last grand enemies . let then that northern kingdome understand by this , it's day of triumph is at hand . it 's now distressed ministers and king shall mourne no more , but hallalu-jahs sing . that church no more her sackcloth shall put on , shee shall be clothed with salvation . her king shall raigne in righteousnesse , and make gods enemies throughout the world to quake . he shall be nursing father to the jewes , and shall no acts of grace to them refuse they shall flock in to him , he shall destroy their foes , that bard them from salvations way . immediately before this come to passe her troubles shall be such as never was . the prefixt symptoms of this day must be her low state and her foes prospertie . hence t is this great dayes prophecies allude to each great church deliverance since the flood she sings the song of moses and the lambe ; 'cause out of such deep miserie she came . lift up thine eyes ( o zion ) then , and see , in this great day thy foretold enemie . three yeares and halfe thine enemy must rage ore thee , by warre which he with thee doth wage . one thousand two hundred sixty dayes just o laver vs cromwell's name makes , who must . a three yeares and an halfe by his b sword-power raigne ; which is that time the c witnesses lie slain . jf ( who he slayes ) by ought demanded be , t is kingly offfce , and the ministry this beast's that d little horne that puls away three hornes ot'h ten him e christ comes to destroy . this beasts f deceitfull , perjur'd , base , love's lies , and beares g up rome with all her blasphemies , this is that enemie which doth divide mount h olvet , and makes the breach so wide twixt north and south , and makes one day like night , but when its evening comes , it shall be light , that is ; this beast in scotland shall rage there but one prophetique day , that is , one year jn'th' ' ev'ning of which yeare it shall bee light toth' church , and to this beast eternall night . this beast betwixt betwixt the seas in scotland must incamp , ●nd there be scattered as the dust . share then my book twixt zions friends and foes , their unexpected lots of joyes and woes . tell zion now i' th dust full fraught with sorrow , her bloodie tears shall bring forth joys to morrow . haste then toth' scots , tell them the prophets say , their warre is christs and he 'l give them the day . and this shall be the signe even this alone , when the enemie seems most strong , they most undone . reader , what is deficient in this , thou shalt find supplyed in manus testium . the method of gods afflicting providence in the church since the creation , is worthy the observation of all ; but more especially of him who undertakes to interpret the holy scriptures . the method of god in his acts of providence towards his church are : . to bring them exceeding low before he deliver them . . after he hath delivered them from their great troubles , and put them in a hopeful way of peace , for ends best known to himself , he oftentimes dashes their hopes , and darkens the way by sad and heavy afflictions : as the former is undeniable , so the latter is cleer in the scriptures . see this verified in jacob , the father of the twelve patriarchs ; jacob being newly gotten from a heardmaster , and passed the river with his wifes and substance , he resolved to go into the promised land : when he was got seven dayes journey ( in all probability , out of labans reach ) on a sudden the storm riseth , laban pursues him with his forces , and esau prepares to stop him in his flight with men ; so that we may see here jacob , like christ on the cross , a miserable object betwixt two thieves . to this , jeremiah alludes , when he prophesies of the great troubles of the church , immediatly before the conversion of the twelve tribes , he calls it the time of iacob's trouble , none hath bin like it . so likewise when the church was delivered from egypt's bondage , and all their enemies drowned ; and when they had seen and tasted of the goodness of the lord from heaven , in raining manna , and of the sweet and spiritual love-tokens of god from mount sina , when god had given them lawes and ordinances , and began a glorious reformation ; and when they were going into canaan , then riseth corah , datha● , and abiran , against the witnesses , moses and aaron ; and then the people rebell , and that glorious sun of a reformation went retrogade many thousand of degrees by asa's diall . so likewise david , when he went to fetch the ark home , he went forth like his son solomon's ships for gold , with great pomp ; but came home broken and tottered with loss . he went with the priests and the people to fetch the ark to ierusalem its resting place ; he made a new cart and wheels , and prepared the beasts to draw it ; he got the ark upon the cart , and the beasts did draw it towards ierusalem : but in the way , what an unexpected storm of cross winds riseth , the beasts stumbled , the ark tottered , gods wrath ariseth ; and this stops the ark that it came not then to ierusalem . to this doth ezekiel ( chap. . ) allude , where he seeing in a vision , that glorious day of the twelve tribes conversion to christ in the last dayes ; immediately before that day , he seeth the gospel-magistracy and ministery , drawing the ark of a reformation to his settled place : there the magistracy ( as in revel. . ) is compared to the beasts which draw the ark , and the ministery to the wheels full of eyes , which support the ark . these ezekiel saw carrying on a reformation with much boldness , and through many difficulties : when the beasts went , the wheels went , and they turned not : when one was lifted , up , the other was lifted up : when the magistracy went on , the ministery went on in a reformation ; but when they stood , they let down their whings , there was the great stop : the magistracy was taken away , their whings , after the war , ezek. . . were let down : and immediately follows , ver. . a voice from heaven , which is the same with the seventh trumpet , matth. . rev. . rev. . , . when the great day of the jews conversion shall begin , and the great obstruction of their conversion shall be removed : likewise after the captivity , that joyful reformation begun and carryed on so successfully , how did its evening come upon it ( as i may say ) at noon tide ? how was all dasht , and that happy work retanded on a sudden ? and how great a muntain the devils pioneers raised in zerubbabels way , ezra . look we further , and we shall see the greatest and gloriousest reformation in the world , retarded in the middle of it , and in the height of it , even that blessed reformation , which is the standing rule of reformation to the end of the world , that of our lord jesus in the flesh here on earth , when he had called the apostles , sent out the seventy , two by two ; and when he had preached , healed , converted many , when his enemies thought all the world would follow him , when they sang hosana to the highest , and when his enemies were confounded before him , being unable to gain-say his truth , when all the countries round rang of his fame , and came to see him , and hear his doctrine , and to be healed , then on a sudden comes judas , and betrays him with a kiss : the king is taken and bound , and falsly accused , unjustly sentenced to death , scourged , buffited , spet on , mocked , carryed away to be crucified : his disciples fled , he nailed to the cross , and a spear thrust into his heart ; he taken down from the cross , carryed to the grave , and there seated in his grave : and thus to the eye of the world was that glorious reformation destroyed , the king being cut off , and his officers dissipated . this reformation , though to the eye of the world at that time it was quite put out , yet it suddenly and unexpectedly rose again , and broke out into greater and more glorious flames throughout the world then ever : for two angels in glorious brightness appear at the grave of the slain jesus , that martyr of martyrs , and immediatly follows a mighty earth-quake , whereat the souldiers that slew him trembled : the lord jesus arose , called together his dispersed and hopeless disconsolate disciples , led them to galilee , and there proclaims his imperial power and soveraignty , that all the kingdoms in the world were under his power , and all the mighty dominions in heaven were subject to him : and that those his enemies that slew him , might know this , he ascended from mount olivet , which mountain was on the east of jerusalem exceeding high , looking directly into ierusalem ; so that they that slew him in ierusalem , might plainly see him in that glorious bright cloud ascending to heaven : and immediatly after this ascension of his to his imperial court in the heaven of heavens , where he is in full possession of his royall purchase , he like a conquerour in full possession of his dignity , gives to his officers , especially to his apostles , magnificent gifts , beseeming so great a prince to give , and officers so neer him to receive : these twelve spirituall princes , like so many monarchs of unity amongst themselves , divided the world amongst them , and went forth conquering , and to conquer , from sea to sea : the glorious spiritual victories that these champions got , and the mighty conquests over the devils kingdom which they made , is not unknown to the whole world : their government and laws still stand , and shall remain for ever . apostacie from which hath been the miserable ruine of all those famous eastern churches to this day . great hath been the apostacie of both eastern and western churches from the laws of the apostles : and sore have their spiritual afflictions ( proportionated to their sins ) been ; the eastern church is drove into the wilderness by mahumatisme , and the western church by popery : of this grand apostacie , and most abominable hypocrisie of the western churches , not onely the apostles , but the prophets in the old testament have prophesied . in the church-histories the dissipation of the jews , and the driving of the gentile-church into the wilderness , seems , to me , to begin near about one time ; and their rising again to a flourishing state , seems to me to be both at one time , by the prophesies of the old new testament . now the rising again both of the jews and gentiles to a flourishing state under the gospel , is that great and last day ( i. e. ) of reformation , so much spoken of both by the old testament-prophets , by christ himself , by the apostles , and especially by john in revelation . of this last day , there are not onely gross mistakes amongst the ancients , but many absur'd conjectures among the ancients . many of the ancients looking into the prophesies , which are to be fulfilled in the end of the roman monarchy ; and reading those high prophetick expressions of that glorious day , wherein christ promiseth in a most glorious powerful manner to appear for his churches alvation , and his enemies ruine ; conceived that it should be by the personal raign of christ on earth a thousand years ; conceiving ( rightly ) that the thousand years binding of sathan , begins when antichrists raign is accompl●shed ( for 't is absurd to think otherwise ) but misunderstanding , rev. . as if that chapter were meant of the state of the church in this life , which is against the clear and manifest light of the holy ghost in the prophesie : this gross mistake ( i humbly conceive ) made not onely papias ( the first author of the abominable opinion of christs raign on earth a thousands years ) of this opinion ; but many others more moderate as irenaeus , turtullian , lactantius , victorinus , apolonius , severus , justinus , and several others : these did not hold as corynthus did , that they should raign with christ in corporal , but in spiritual delights , after ▪ years were accomplished from the creation , may not i say augustine ( lib. . de civit. dei , cap. . ) is of this opinion , and ierome on dan. . where he saith , in uno romano imperio propter antichristum blasphemantem , omnia simul regna delenda sunt , & nequaquam terrenum imperium erit , sed sanctorum conversatio ; a saying much harped on ( though not quoted ) in these times , to further the design of slaying the witnesses . and upon the same mistake ( as it is conceived ) the councils , though they were for the most part against this opinion ; yet they could never unanimously agree to condemn the opinion as heretical . others of our recents , very learned men and pious , thinking to confute this errour of the chiliasts , run into more absurdities then the most of those whom they endeavour to confute ; for not knowing how to remove that mountain betwixt the chiliasts , and them , about the first resurrection , and the raign of the saints , and the . years binding of sathan : they say that the raign of the saints is pa●t , it being before antichrist comes into the world : of this opinion is hortulanus , and ( as i am informed by schollars ) pereus ; galianus that learned romanist is of the same opinion ; as appears by his manuscripts in the vatican , by antichrist , they mean that beast of the earth , rev. . . which shall arise , rev. . . and slay the witnesses : few of the romanists concur with them in their opinion ; but very many protestants , in the main ; jump with them : but as contrary to the light of the scriptures , as darkness is to light . but there are other learned men of great renown , who decline both these opinions , as bullinger , beucer , and seraphin who affirm that the great and magnificent promises made to the church in the old testament and in the new , are not yet fulfilled , but are to be fulfilled after the downfall of antichrist , after which ( say they , and others with them ) the devills kingdom of darknesse , heresie and blasphemie shall be ruined , and the church shall no more be afflicted with heresie , but the heavenly form of government shall be set up in the church , which shall suppresse all its enemies : with these learned men , so far as i have quoted them , i shall concur . for , this i do affirm ( yet not i , but the scriptures ) that there is another great day of reformation to be in the world before the day of judgment , besides that great day of reformation already past , which christ when he was on earth began : this shall be a more glorious day then any that ever yet was on earth : i do not say that christ shall reign on earth personally , i abhor that extreme with that learned father b. hall , in his tract called the revelations unrevealed : but i ( or rather the prophets ) do affirm , that in this great day of reformation to come , after the downfall of antichrist , the twelve tribes shall be converted to the gospel . here therefore i must with my reverend fathers good leave be his dissenting son , notwithstanding all he hath said to the contrary : for first , whereas he saith , the promises in the prophets are spiritually to be taken , and not literally , concerning the twelve tribes ; but concerning the gospel-church , i briefly reply , this argument is invalid , because he neither backs it with reason nor scripture : with reason he cannot , for it is a non sequitur to say , because the prophets somtimes are to be understood , therefore alwayes ; i am sure this is neither true in logick nor divinity . . there is no probability in his assertion : for though indeed jerusalem be somtimes in the prophets put for the gospel-church , yet where the prophets speak of the house of iudah , and the house of ioseph , there i believe 't will be hard for the doctor to prove that they are spiritually to be understood of the gospel church , as zach. . , , . so in severall other places : had the bishop instanced in any place of the prophets , we should have grapled then for probability . but i passe on . . if these prophecies do nothing concern the restauration of the jewes in these latter dayes , then to what purpose did god send his prophets to sing songs in their ears , if it nothing concerned them ? certainly these prophecies were prophesied amongst them to no purpose ; if all those prophecies belonged to the gentiles , then certainly god would have sent his prophets amongst them , but they principally concerned the jewes , and therefore they were prophesied amongst them , and to them , to whom they belonged ; for god never sends his prophets out of order , all gods prophets prophesied to the people to whom they were sent , but the prophets of the old testament were appointed prophets for the twelve tribes ( except those that had speciall commission , as ionas , to go to the gentiles ) and therefore to them principally these prophesies belong , and therefore that hard question is thus resolved , since in luke . ierusalem shall be trodden underfoot untill the time of the gentiles be fulfilled ; and the time of the gentiles reigne continues ( rev. . . ) . years , how coms it to passe in dan. . that the time of the church's dissipation shall be . dayes ? to that 't is thus answered ; daniel was a prophet principally designed for the jewes , and therefore god declares to him how long the dissipation of the jewes shall be , which ( as m. brightman and other learned men say on dan. . . ) began anno . therefore their time is up about this yeare . their time of dissipation being to continue . years : but now our saviour in luke . . respects the gospel gentile church , as well as the jewes , which shall be ( as rev. . . ) drove into a sack cloth condition untill the time of . years be accomplished . now many learned men count , that the time of antichrists appearing to be formally antichrist , and the time of the witnesses going into the wilderness , and putting on sackcloth , was in , or neer about the year . so that antichrists raign , and the witnesses sackcloth condition , is expired in anno , . now if daniel , in his prophesie , should onely respect the gentile church , how could iohn , christ , and daniel , be reconciled in their prophefies ? to return therefore to the thing in hand , we affirm , that the prophets in the old testament , prophesied of the futurehappy state of their own kindred and nation , and not of the gentile church ; but accidentally and occasionally for the most part ; as shewing what shall come to pass in the gentile-church , immediatly before the great day of the jews conversion , which is the sign that the jews shall have of their approaching glorious day : and therefore the old testament prophesies of the uniting of the house of ioseph and iudah together under one king , and bringing them back again to their own land , can be meant of nothing , but of the restoring of the twelve tribes to their own land , under their ancient government , as in davids time . as for his alleaging a seeming inpossibility , that they that have been out-casts so long from the covenant of grace , should now be called home to the gospel ( which is it seems beyond the doctors faith ) to that we answer , and he acknowledgeth . . nothing is impossible with god . . god hath promised to call the dispersed out-casts of israel , from the four corners of the earth , esa. . . and they shall be so hopeless in the eye of the world , that before their conversion they shall be as dry bones in golgotha , ezek. . , . yet god will call these dry bones together : therefore their conversion is also expressed , ezek. . , . under the notion of raising dead men out of their graves god will first open their graves , and then lead them out of their graves : so that to the world they shall seem dead and buried , when god intends to convert them : so that that which upon a bare principle of reason the bishop makes his argument against the truth , i upon a principle of faith , built upon gods promises , make the argument to confirm this truth ; and who stands on the beasts bottom ( whether he on bare reason , or i on a divine promise ) i 'le leave christians to judge : but that which the bishop most derides , is the opinion of those , who say this year , . the jews shall be converted ; he bids us shew him a thrave of jewes as yet converted , which are now to gather , professing the gospell . to this 't is answered : we can shew in this year , . more probability for the conversion not onely of a few , but thousands of the hebrews to the faith of christ , then the bishop can against it : in the year , . there is a book that makes mention of . east-indians converted to jesus christ , by mr. robert iunius . now there are more arguments to prove these of the seed of iacob , then the bishop can bring to prove the contrary . again , look into the west-indies , and this year . tells us of a glorious harvest begun , in the conversion of those natives there ; and there is more probability that they are of the stock of iacob , then the contrary . for there have been jews that travelled those ways , who have found some of the ten tribes in america : some learned travellers have rationally conjectured , that those natives in new-england are some of the ten tribes : for upon diligent observation of the people , their customes , language , and ceremonies , have brought these arguments , to prove them hebrews ; for ( say they ) . they have a traditionall knowledge of god , which they say their fore-fathers which were wise , and endued with knowledge , taught them : they say that god made the world , and this god is but one god . . they say this god is the author of all the good that is dispensed in the world , and the author of all the evill that is inflicted in the world . and hence is that custom amongst them to this day , when any evill is inflicted on them , either by immoderate weather , whereby their corn is spoiled , or by any other judgment , they solemnly meet together under a green tree , and weep before him who hath inflicted all that evill upon them , whom they acknowledg to be the maker of the world . . they preserve their pedigree , with all the care they can , as far as their memories will go , and are carefull to promote their kindred after the manner of the hebrews . . the chief of them are exceeding reserved , and keep themselves from strangers , so that the wisest of them are hard to be met withall , whereby further discovery might be made of their original ; but much of the golden oar , of the hebrew language , is found among the drossie language of the vulgar natives . . 't is said that they are excellent in expressing themselves parabolically , after the manner of the hebrews : by all which there is probability , that they are of the dispersed of israel , whom god is now calling home to the knowledge of the gospel . menasseh ben-israel saith , and also montezinus , ( both jews , and learned men ) that the first inhabitants of america were the ten tribes : if so , i think i have the greatest probability on my side , that these many thousands that we have heard of already converted , and the many more thousands which we expect and pray for , are hebrews of the sons of jacob , to be converted to christ in this age of the world . but suppose there were never a jew converted , must this make the purpose of god of none effect ? god forbid , it is true that from posse to esse there can be no certain consequence ; but from gods promise to his purpose , we may conclude affirmatively . if god have promised to convert the jews , 't is his purpose to call them : all his promises are yea , and amen : if god promise that israel shall be no longer then . years in egypt , they shall be there not a day longer , though nothing more unlikely in the world then their deliverance : so shall it be in their conversion in these latter dayes , though there be nothing more unlikely , yet there shall be nothing more certain ; for god hath promised it , rom. . , . all israel shall be saved i. e. ) all the tribes shall be converted : the precedent verse tells us the time when ( viz. ) when the fulnesse of the gentiles is come in , that is , ( as in luke . . ) when the time of the gentiles is fulfilled , which rev. . . ) is . moteths , i. e. . dayes , i. e. years . observe , paul writes to the church of rome , forbidding them to boast of their gospel-priviledges , in a proud insulting way over the rejected jews . paul foresaw to what impudent insulting pride the church of rome would rise ; therefore he bids the church not to be high-minded , but fear ; for if god spared not the jews , the naturall branches , much less would he spare the gentile-church of rome : for this end paul would not have the gentile-church ignorant of this mystery , which mystery of god ( rev. . . ) shall be finished at the seventh trumpet , and that is when antichrist that sits in rome , when the fulness of his time shall come in , then shall israel be converted : here israel is put in opposition to the gentile-church . now this paul acquaints the roman church with , lest they should be wise in their own conceit , or over-much puffed up with pride : so that from these texts it seems cleer to me , that the jews conversion shall be at that time when the roman pontifick state shall go to ruine ; and if in this sense we may understand romanum imperium , the bishop knows better then my self . i have many thraves of ancient and latter writers to support me against him . lastly , i answer , that the conversion of the jews shall come in on the sudden : they shall come like the doves to the windows , that is , swiftly and in great numbers ; and this shall be ( ezek. . . ) when israel gave themselves for lost , and their hopes were cut off , then the whole house of israel , like bones exceeding dry , came together , and they that were in the valley of dry bones ( v. . ) became an exceeding great army , ver. . how cleer there doth the holy ghost prophesie of the conversion of the whole house of israel , that is , the twelve tribes . now if it should be objected , 't was prophesied of their restauration under the second temple , to that i answer , it cannot be , because onely the two tribes returned , and not the ten tribes , to the second temple , as manass-ben-israel affirms ; and generally all historians hold , that very few of the ten tribes returned with the two . but now this prophesie extends to the whole house of israel , ver. . ( i e. ) the twelve tribes : so that from the time of the prophesie , untill this day , it hath not as yet been fulfilled , and therefore 't is to be fulfilled ; and when 't is fulfilled , it will be suddenly : as romes ruine will be sudden , so the jews conversion will be sudden , and therefore our lord jesus , and their true messia's prophecying of their conversion , matth. . in ver. , , . he tells them antichrist shall be busie with his false prophets immediatly before the day of christs coming to destroy antichrist , and to convert the jewes ; and then shall he come , as the lightning which comes from the east , and is quickly in the west , so shall the coming of christ be . this coming of christ cannot be meant of his coming to judgment , but of his coming to call the jews to repentance , and to destroy the roman monarchy , or the roman antichristian pontifick state in ver. . the destruction of rome is prophesied , and ver. . prophesies of the repentance of the twelve tribes in the day of his spiritual appearance to them in the gospel , ver. . prophesies of the time when this shall be ; it shall be at the sounding of the great voyce , and the trumpet , that is , at the sounding of the seventh trumpet , rev. . . when the witnesses shall rise , antichrist shall fall , and euphrates shall be dryed up , ver. , . tells us , that the tribulation of the gospel-church under the rage of hereticks , as separatists , blasphemers , seducers , antichrists , and false prophets , is as sure a sign of the downfall of rome , and the conversion of the jews , as the budding and sprouting of the trees are of the approaching of the summer . now these heresies , and these false prophets shall be eminent in the gospel-gentile church , which shall be the true sign of the jews conversion , ver. . plainly tells us , this cannot be meant of the day of judgement ; for this generation ( saith christ ) shall not passe , that is , the stock of israel shall not be extirpate , untill they have seen all these things fulfilled ; this day is called luke . the day of the redemption of the twelve tribes : now if this day ( as some would have it ) be the day of judgement , this day would be the damnation of the tribes , if they must be in the world untill this day , and unconverted ; therefore this day is the day of the jews conversion , not the day of judgement . ver. . the next verse is to confirm the certainty of the prophecy , for heaven and earth shall passe away , but not one title of the word shall passe away . ver. . but of that day , and of that hour ( i. e. ) ( of the heavens and earth passing away ) knoweth no man : by this 't is manifest , that christ in the whole chapter speaks not one word of the day of judgement , untill ver. . which he forbids any to pry into ; for god only knew that ; but of the day of his coming to ruine rome , and convert the jews ; he bids us by the foregoing signes know for certain that it was near , even at the doors . ver. . now this glorious coming of christ in his spirituall and corporall punishments on his enemies ; and his spirituall and corporall favors to the jews , shall be as the lightning which is swift in it's motion , it gives light from east to west presently , so shall all the kingdomes in this world become the lords , and his christs on a suddain : therefore far be it from any protestant to have such a malignant thought , as that god hath forgot to be gracious , or that his hand is shortned that he cannot help the poor jews , which are this day , many of them , looking , listening , and admiring at us in england and scotland , whose eyes , i trust , shall see some glorious sign of good to them ere long . forty times more may be said in vindication of this manifest truth , concerning the twelve tribes conversion ; but considering how little is said against it , i shall say no more , but proceed . the subject of my ensuing discourse in this , and manus testium which should be joyned with this is , concerning this great day . my opinion is , that the three grand enemies of the church shall neer about the end , or within a year of . begin to rise , and never fall more : at this time also the morning of the jews conversion shall begin , and shall shine more and more untill it come to a perfect day . these opinions the reader shall find bottomed on scripture , which scriptures are not of any private interpretation , but such as are matched with scripture , which illustrate the things proved by them , and also have several learned authors concurring , in the confirmation of the same thing ; so that if i am laughed at for my opinion , i doubt not but in that particular ( what ever it be of moment ) i shall make the remonstrant confess , he scoffs not onely at me , but at his betters . i write not this to deter any from endeavouring to confute this ensuing tract : for one end of my writing so briefly on so large a subject , is , that i may have a speedy answer , and a seasonable confutation ; which if it be cleer from scripture-grounds , i shall readily and willingly submit , and return a thankfull reply to my corrector , and promise him to retract my errours . as for the time of antichrists fall , which i conceive to begin presently after . it is well known that 't is no new opinion ; for brightman , and several other learned men have so conjectured , upon this ground , which is humane , because 't is drawn from humane story : for he begins the jews great afflictions in an. . so that their . years afflictions must necessarily be expired in this year , . and dr. homes , and several others well-versed in the study of the revelations , and of history , do gather , that antichrist appeared visibly in the church in anno . so that the gentile and jewish church afflictions seem both to expire at one time ; for antichrist is to rage over the gentile church but . years , which by the compute is accomplished anno . now ( as dr. homes saith very well ) in so many years , possibly , there may be lost-time in the account ; so that he takes a grain of allowance ( that is ) a year over to his . years : upon the same ground , in this thing , i shall follow him , and comply with him , though there is no necessity for it . others ( as clavis apocalyptica , written by a german ) draw water from the same springs , quote the same texts , as dan. . and rev. . and looking into history , say , that these texts of . days , and . days , are not fulfilled until . so that these agree with the former in explication of the texts , but not in application of the histories to the text : in which difference , he that hath the clearest histories to shew the time of antichrists rising , and the time of the witnesses going into sackcloth , as relating to the gentile church ; and likewise he that interprets that text ( dan. . . ) most clearly , and by history can clear it exactly , and tell when the daily sacrifice was taken away , and the abomination of desolation set up be doubtless , will gaine the greatest credit from the judicious reader . in my jndgment learned brightman on dan. . . is most clear and rational , and none do , i find , guess nearer the time ( in print ) of antichrists visible appearance in the church , then dr. homes , let me give the devil his due . but of the main point , which is concerning the slaying the witnesses at , or neer the end , ( or whether at or neer the end ) of antichrists . years raign , he speaks not a word , which makes me think , that his sermon , octob. . . was preached against the light of his own conscience ; for in the revelations the holy ghost hath so linked antichrists raign , and the witnesses slaying in the end of antichrists raign , that he that studies the one , must necessarily take notice of the other ; and indeed he that can shew us the witnesses slain , may easily point at the end both of the gospel-church afflictions and the jewish states dissipation : but here is the difficulty , and here are the gross mistakes of men , who studying application of history to the text , more then the explication of the text it self , have given most ridiculous ghesses , to the great scandall of the protestant . my antagonist speaks not one word to this text ; but the german divine in his clavis apocaliptica , p. . tells us , that three years and a half before antichrists raign is out the witnesses shall be slain ; for ( saith he ) they both expire together , both antichrists raign , and the witnesses slaying : and therefore he renders , rev. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in futuro simplici , when they are about to finish : so cloverius and mead reads the text : in this i shall not much dissent from them ; yet i think they render it best , who read it from the words , as it most naturally drops into english , and that is when they shall have finished their testimony : for it will nothing at all clash with ver. . where they prophesie . days in sackcloth : for the finishing of their testimony doth not cause their prophecying to cease : their suffering , and their slaying is the gloriousest part of their sackcloth prophesie ; for then saith the holy ghost , here is their faith , and here is their patience . the finishing of their testimony is the joynt concurrence of the two witnesses ( viz. the magistracy and the ministery ) in establishing the doctrine and the discipline of the church of christ against antichrist the beast of the sea ( i. e. ) the pope that keeps the witnesses in sackcloth on the one hand , and against the beast of the earth that slayes the witnesses on the other hand ; now when was this testimony finished ? the sum of this testimony you shall find in the covenant ; but when they finished this testimony i leave christians to judge , whether when the assembly of divines had finished their work , that of the doctrine , and discipline of the church , and when the parliament ratified their work , resolved to disband their armies , and bring home the king on honourable covenant-tearms ; and then the beast of the earth arose , made war against them , and drove them out of the house : since which that reformation hath lain dead . or whether it began then when the magistracy were fully agreed to establish the doctrine and the discipline of the church against popery , on one hand , and heresie on the other , when the king gave his royal assent , and the parliament voted the kings concessions to be a sufficient ground for the establishing the peace of the church and state ; then the beast ariseth and makes war against them , and overcomes them , and kills them : how kills them ? rev. . . makes answer , beheads them , ( saith beza ) cuts them off with the axe . now which of these times 't is , is no easie thing to determin ; but the former act seems , to me , to be the time when they finished their testimony : for then the beast set up his sword-power , and then the magistracy and ministery finished their church-work : and immediatly after they had finished it , this beast of the bottomless put threw it down , and then followed that abominable vote of non-addresses to the king . now this fell out neer about october , ● . ( as i remember ) if about that time , then the witnesses must ●●●e about may or june in the year , . or thereabouts , for then his three years and an half is up : but if we begin to account the witnesses s●aying , their finishing their testimony , and the beasts of the bottomless pits raign not to begin , unti●december , . when the king was slain , and the offices of the two houses slain , and the assembly scatterd , for not subscribing to the beasts mark , then the witnesses will not rise untill june , . now that these witnesses are the magistracy and the ministery , there is nothing so cleer as learned woodcock on rev. . makes it appear , and several others ; besides the ferenity of the holy texts themselves , which makes it most cleer : this is most certain , that the two witnesses are two lawful offices ( i. e. ) a lawful magistracy , and a lawful ministery . now their opposites who slay them , are usurpers in the state , and usurpers in the church ( that is the beast of the earth and the beast of the sea , with their followers ) now the witnesses rising shall be these usurpers confusion ( i. e. ) the ruine of the pope , and the beast of the earth , with their seven thousand men of name : so that the battel shall be fought betwixt lawful magistracy , and lawful ministery , against usurping magistracy and ministery ; but more of this in its place . the greatest difference ( betwixt those that come near the time of their slaying is concerning the place where they must be slain : now there are many groundless conceits that we find in print , about this place , where they shall be slain , i shall not repeat what others have said , but indeavour to prove that the witnesses must be slain in these three islands of england , scotland , and ireland . this i shall prove : . from the offices that are slain . . from the person that slays them . the offices that are slain are two ; a lawful magistracy , and a lawful ministery . the lawful magistracy is that which hath the christ and his apostles ordained in the church , and established , untill his second coming for to teach , instruct , rebuke and comfort the church . now these two must be slain in that place where they have all their time been in sackcloth ; but a lawfull visible magistracy , and a lawfull visible ministery have since . been visible in england , though in sackcloth under the popes tyranny , treachery , and oppression : now let these countreys that brag of the slaying of the witnesses , amongst them first shew me for these thousand two hundred and sixty years . a lawfull magistracy and ministery , and then those so long in sackcloth if they shew me not this , i 'le not believe the witnesses shal be slain where they are not ; but confident i am , england can only shew these witnesses , & no nation els , so long together in the world ; as god continued monarchy in the church from the creation , untill the mighty monarch of the world came : so that mighty monarch the lord jesus after his ascention , chose him his first vice-gerent here in england : lucius by name , who swaid the scepter for christ ; from that christian race the romans received their christian magistracy ( as constantine ) and christian monarchy ( except in a national discertion ) hath continued visible in this kingdome of england , well nigh years ; so that england above and before all other nations since the profession of the gospell hath retained gods witnesses , a lawfull ministery being established by that good king lucius , that christian monarch ; let us then look for the witnesses where god hath placed them , and never till this day totally plucked them up : i say , i here challenge all the historians and antiquaries in the world , to shew me where , or when since these fourteen hundred years past ; that the two great offices in the church and state ( the lawfull magistracy , and the lawfull ministery ) were in so sad a slain abject condition , as at this day in england ; let historians bring me the blackest night that ever came upon these two offices , and i dare undertake to make it appear , that this day is seven times blacker and sadder to these great offices , then any heretofore ; may i not add one thing more , to prove that the witnesses have onely been in this kingdome visibly in sackcloth , before william the conquerors time , our chronicles make mention of godly kings , which for their piety were called saints : th●se you shall find them opposing the insolency and wickednesse of the church of rome , king edgar acknowledged no supremacy in the pope , but saith , that the care of the church of christ , ad nos spectat , it belongeth to the king , not to the pope ; and this he did ( saith hoveden ) by the advice and means of ethelwood , bishop of winton , and oswald bishop of worcester ; so that seven hundred years since we have had magistrates and ministers , against the popes supremacy , and before that as is evident in malmsbury de gest. reg. lib. . p. . afterwards , from william the conqueror to the last king of england , we have it clear , they have testified against the popes usurpation , and have in every age suffered much , and been put into sackcloth , by the prevailing treacherous , rebellious factions of the popes raising against the kings of england , no kingdome in europe can say the like , and which is one of the remarkablest passages in the world ; the king that wast cut off when he had finished his testimony , was the only protestant king in the world ; therefore the only witnesse ( say i ) yea he was , as learned sir robert naunton proves in his fragmenta regalia , cap. . p. . the lawfull successor by lineall dissent of the ancient british kings , so that if any magistracy in the world be the slain witnesse , 't is that of england , which is lawfull in it's self , hath been visible for christ before antichrist , in sackcloth visible under antichrist , and in the sight and hearing of all the world cut off with the axe , for finishing the testimony against antichrist . now as for the ministery of england , the other witnesse of christs against antichrist , that it hath been as ancient as the christian magistracy , and as visibly suffered under antichrist , and now lieth under the greatest reproach ignominy , and slain condition , is as clear as the former . i shall say nothing to this office , that office will speak for it self , i am sure 't is of age and ability enough to gainsay all his opposers , you see how much probability we have from the persons that are slain , that the english magistracy and ministery are the witnesses . now we proceed to shew what probability , there is , that these witnesses are to be slain in these northern islands , i will say the lesse of the beast that slaies them , because i portrayed him in the ensuing tract , i shal only discover him where he is to be found in scripture prophecies , and then what those scripture prophecies say of his downfal in rev. . . he is called the beast that ascendeth out or the bottomlesse pit after the witnesses have finished their testimony , where note that this beast that slaies the witnesses , is not the pope , but one that riseth when the witnesses have finished their testimony , and his raign is but three years and an half , and this all the greek and latin fathers assent unto , and 't is as clear as the sun from this text . in rev. . . he is called the beast of the earth , to have us to observe , that he is one distinct from the sea , ver. . 't is wonderfull to behold how many learned protestants joyn these together in one , when god by his word hath severed ; they are distinguished by their originall ; the one ariseth out of the earth , and the other out of the sea . the holy ghost calls the beast of the earth another , and many protestants ( though not all of them , for bishop cooper saith , 't is one distinct from the beast of the sea ) make them notwithstanding the same , the beast of the earth hath but two horns , and and the beast of the sea ten : more arguments may be picked out of the texts to prove the beast of the earth which slays the witnesses shall rise and raigne but three years and an half during the time the witnesses shall lie slain , as 't is clear , rev. . . . this beasts rising is the witnesses falling , and the witnesses rising in this beasts ruine , that the beast of the earth , and the beast of the bottomlesse pit are one , and the same is clear , for rev. . . . he riseth then , when the faith and patience of the witnesses are exercised , here is the faith and patience of the saints , their suffering graces , when the beast of the earth ariseth , are exercised , and the beast of the bottomlesse pit , is he that exerciseth their defensive graces , so rev. . . he makes war with them and overcomes and kills them . this beast of the earth , or bottomlesse pit beast , is called in rev. . the beast bearing up babilon with all her blasphemies murthers . in this sevententh chapter the holy ghost gives us a view of the last scene of the last act of the romish antichristian factors : i 'le beg the sober christians earnest attention here , for it is the hardest chapter in the whole revelation , in rev. . . the angell tells you what time o' th' day 't is with rome , 't is neer her judgment day at this time : iohn saw a woman sitting on a scarlet beast : here are three distinct names mentioned in the chapter , the woman , the beast , and the great whore : now the great whore sitting on many waters , v. . is expounded v. . to be that spirituall whore that hath inticed the kings of the earth to commit idolatry ( which is spirituall fornication ) with her : this whore is the pope of rome which inhabits the city with seven hills , which is rome . the woman mentioned v. . is expounded v. . and v. . 't is the city standing on seven hills as rome doth , v. . 't is the metropolitan city as rome is . but now the scarlet-coloured beast , v. . which beares up the city rome , is not so plainly to the eye of the reader unfolded , though there be most spoken in this chapter of this beast and his party , this beast is one part of the mystery which iohn wonders at . observe therefore in v. . this beast is called a scarlet coloured beast , because of his bloudinesse : this beast cannot be the pope , for the pope is the great whore that sits upon many waters , and is born up by this beast , . it cannot be the pope , for the pope came not out of the bottomlesse pit , but fell from heaven , and got the key of independency into his own hands , which is the bottomlesse pit there spoken of rev. . . but now this beast coms out of the bottomlesse pit , to shew that this beast is the selfesame that slayes the witnesses , rev. . . who also coms out of the bottomlesse pit . . this beast cannot be the pope upon any rationall account from any expositor , because this beast is the eighth , and is of the seven : now the pope by every protestant account makes the seventh distinct head of government in rome , but this beast is of the eighth : now lest he should be taken for the eighth head of rome , the holy ghost ( as it were with a prolepsin , v. . ) tells us he is of the seven , and how he is of the seven ; it may be because he beares up the woman with seven heads , and ten horns : he is none of the ten subjected to rome , neither is he one of the seven heads of rome , but he is the eighthdistinct from the seven of rome , and of the ten hornes subject to rome , and yet he is of the seven , that is , he hath somthing of all their wicked craft and subtilty , he is of the seven ( saith haymo ) because this beast shall seven times more persecute the church of christ then the other seven : this holds good ; for to prove him to be the beast that slayes the witnesses . saith another of this text , he is the eighth , because regnum ejus distinctum à singulis , and he is of the seven , quia in omnibus septem existit . i humbly conceive the holy ghost uses this expression [ he is of the seven ] to take us off from imagining that this beast ( though he be the eighth ) is the eighth head of rome : no , saith the holy ghost , he is of the seven , and that you might not imagine this beast , on the other hand , to be one of the ten horns subject to rome ; saith the holy ghost , he is of the seven ; and what followes ? and goeth to perdition . twice you have the perdition of the beast mentioned in this chapter , i humbly conceive , for two ends : . to note that this beast is the last enemy of the church , which bears up rome with all her blasphemous hypocrites , which vent their poyson , and profer it to the world in the golden cup of glorious gospell truths , when they are full of all abominations , and filthinesse of fornication ; when romes judgment day is neer , then v. . doth that scarlet coloured blasphemuus beast arise , then is it a year of jubilee with rome , v. . she is richly adorned and decked with all outward pomp , and hath a golden cup in her hand , out of which she vents her abominable blasphemies . then hath rome , v. . a name written on her forehead , mystery babylon , now mystery babylon is legible in her forehead ; we shall see babylon in a mystery , when rome is neer her downfall , as to cry down with antichrist , and murther a king that ingaged to pull down antichrist : to pretend to promote the gospell of jesus christ , and pull down the godly ministery . to exalt the kingdom of christ , and to grant a toleration of all religions against christ : to plead liberty of conscience , and devise spirituall wracks and tortures for mens consciences : for the brats of rome to cry down with the pope , and down with rome , and down with antichrist , whilest they promote rome and the pope , and undermine the gospell ? what is this but mystery babylon , written upon rome's politicians fore-heads : this is the comfort , mat. . , . these are the forerunners of romes ruine by these mysterious plots , the wolves of rome get into the sheepfold of christ , and suck the bloud of christs flock ; and therefore ver. . john saw rome drunk with the bloud of the saints at this time when she was going to ruine : to note , that immediately before rome goeth to ruine the witnesses must be slain , for she is now found drunk with the saints bloud : and when is this that rome is drunk with the saints bloud ( ver. . ) it is when this beast bears up rome , that otherwise had fallen by the hands of the witnesses , whose bloud they now drink : in as much as this beast throws down those that would have ruined rome , and had covenanted so to do , he may well be called the beast that bears up rome . for certain the tenth part of the city babylon had fallen , had not this beast bore it up , by slaying those that had finished their testimony , and were fully resolved to pour out their vials on rome : now when this beast goeth to perdition that bears up rome , certainly then rome will fall , when the pillar that props it up falls , then down it falls : and therefore it is said , in rev. . , . when the witnesses arise , and put themselves under the wings of christ : this rome-supporting beast john saw , when the pope and his party , v. . with him , and when the beast by the witnesses ( for i have proved already , that the battel is onely betwixt the beast bearing up rome , and the witnesses ) is overcome : in ver. . the pope is taken , and with him the false prophet that wrought miracles : this false prophet is the beast of the earth that slays the witnesses , who is called a false prophet , because rev. . . he doth great wonders ( ver. . ) on purpose to deceive : so that this eighth beast bearing up rome when rome is going to judgment , when he goeth to perdition , rome must necessarily fall with him . . the holy ghost in that he calls him ( rev. . . ) the eighth beast , and tells us twice in that chapter , that 't is he that goeth to destruction . i humbly conceive the holy ghost points at daniel . . which daniel calls another little horn . daniel longing to know the meaning of him , the holy ghost tells him , 't is that horn that shall rise after the ten horns , under the roman monarchy , and shall pull three of the ten horns up by the roots , ver. , . makes war with the saints , and prevails against them : just as in rev. . . this horn ( ver. . ) shall arise after the ten kings subject to rome and shall be diverse from them : in this respect he is said to be the eighth , rev. . and he shall subdue three kings ( i. e. ) kingdoms , and ver. . by the setting up of christs kingdom , the beast shall be slain , and given to the burning flame ; as rev. . . and . he shall reign untill a time , times , and the dividing of times ; and then by the coming in of christs kingdom , he shall be destroyed to the end , utter ruine shall befall him . now who should this little horn be that riseth in the end of the roman monarchy , and throws down three kings , that is , usurps the dominion of three kingdoms , purely professing the gospel , where the saints whom he persecutes are , and reignes tyrannically over the saints but three years and an half , and must be destroyed by the erecting of christs kingdom , and putting the saints in possession : but onely the beast which john rev. . , . and . setteth forth in his rising , reigning , and ruine . object . but how comes this beast to have seven heads , and ten horns , since he is none of the roman heads ? in revel. . , . sol. i thought , till i looked into the original , that the seven heads , and ten horns , had related to the woman , and not to the beast ; and i thought ver. . would have born me out as well as the vulgar translation ; but i perceived it not onely clashing with ver. . and v. . but confounding the syntaxis of the words in the greek copy ; for the participle in v. . and the article in v. . are of another gender : as in v. . how can {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} agree together ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} agree together : so likewise in v. . how can {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} agree together , when as it agrees with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , therefore learned beza reades v. . vidi mulierem insidentem bestiae coccinae plenae nominibus plasphemiae habenti capita septem ; so that habenti agrees with bestiae , which is agreeable to the greek copy ; the vulgar renders it doubtfully , but the greek copy decides this cleerly , by referring the horns to the beast , not the woman . ob. how comes it to pass then , if the beast be not the pope , but he that riseth and slays the witnesses ( when the popes time is drawing neer to an end ) that he is said rev. . to have but two horns , and here to have seven heads , and ten horns ? sol. the subject i am now upon is exceeding mysterious : so mysterious , that john wondered , with great admiration , to see babylon in a mystery , devouring the bloud of the saints , v. , . to see men , under the name of saints , and tender consciencious men , drinking exceedingly of the bloud of the saints : this is a great mystery , and a mystery to be wondered at ; now this mystery v. . ) the holy ghost tells us is double : there is a mystery of the woman , that is , rome ; and the mystery of the beast that at this time ( now rome is going to ruine ) bears her up . now this beast is not the pope , for the pope sits as a whore upon many waters : this double mystery then is in thishow the woman rome should come to be drunk now with the bloud of saints , when she 's going to ruine ; and the other part of the mystery lyeth in verse . how the beast that had horns like a lamb , and a fair smooth tongue like a dragon , rev. . . should now have the feet of a bear , and the jawes of a lyon ; how he that had covenanted to throw down rome , and professed himself a great friend to the saints , and yielded all his assistance to throw down popery , superstition , and idolatry , and holds the same religion in profession that the true saints do : how this beast should become the beast bearing up rome , here is the mystery , and such a mystery as is to be in the church when the witnesses shall be slain , and when rome is neer to utter ruine , which mystery being this day in our eyes revealed , is a sure prognostick to me , that rome is not far off from her utter ruine . now i humbly conceive that the beast is said to have the seven heads , and ten horns , because he supports rome with seven heads , and ten horns : now as the heathen emperours were called the red dragon with seven heads , and ten horns , rev. . . and the pope is the beast of the sea with seven heads , and ten horns , because they kept up the emperial pomp and state of rome : so this beast of the earth is said here to have seven heads , and ten horns , because he supports the pomp and state of rome , when the witnesses had finished their testimony , and were ready to pour out the vialls upon it . this beast is therefore the eighth , ver. . because he is distinct from those seven kings , v. . and yet he is of the seven because he is an usurper and a tyrant , who rules by his sword-power , as the seven before him did , who bore up the woman with seven heads : therefore this eighth beast ●●●…d to be of the seven , because of the likeness of the government he sets up to theirs before him . hence 't is that in v . the beast that bears rome is called the beast that is not , and shall ascend out of the bottomless pit : he was in the idaea of his government , in the usurpation of caesar , but [ is not ] because he is to come out of the bottomless pit , rev. . . where the . years reign of antichrist draws towards an end , and then slays the witnesses : the next words cleers it , that this beast is also the beast of the earth mentioned rev. . , , . hence he is called the beast that was , because rev. . . he makes the people to worship the first beast whose deadly wound is healed , that is , he makes people subject to a government as caesar set up in rome , which was a packt company of senators , whom he at his command could sway , to what he pleased after he had drove away , and secluded the faithfull members of the senate-house : but by what power doth he do this ? the same ver. of chap. . tells us , he doth it by the power of the first beast before him , that is , the pope , ( as we have shewed ) these two first beasts mentioned in the same verse signifie . . the pope , in whose presence the last beast acts , and by whose power he acts . and the other is caesar , whose government he endeavours to set up : now he doth it by the power of the pope , that is , by treachery , lying perjury , treason , and lying wonders : therefore in rev. . . the time when this beast shall be in the world shall be a time of wonder , the people shall wonder at him , wonder at the changes he makes in times and laws , and wonder at his proceedings ; and the reason is in rev. . . because he doth wonders in the sight of the men of the earth ( that have not rooting in christ ) by his glorious successes , and his specious pretences ; and also his boasts of the prevalencies of his prayers with heaven , how providence guides him , prospers , and protects him : thus he cheats the pope , and makes them to admire him , for his acting by the first beasts power , that is , by the popes power , so that this beast is after the pope , and to be expected ( as the fathers say ) when rome is to go to ruine , and to be destroyed . thus this beast is the beast that was , and is not , and yet is . ob. how is he the beast that is ? sol. he is [ the beast that is ] because at that time when john had this revelation , rome had the government of caesar , though caesar and that family were extinct , there was a senate in rome , and that senate curbed under the power of the sword , sword-men bore the sway , the general of the army was the emperour : though they had the name of the senate , they sate & voted in the senate , but it was the general and his souldiers acted what they pleased ; and in this sence , this beast was in johns time , that is , in the government ; and in this sence also the eighth is of the seven . the hardest knot still remains to be untied , and that is rev. . , . where 't is said , that the ten horns are ten kings , which have received no kingdom as yet , but receive power as kings one hour with the beast : what should these ten kings be who have no kingdom , nor power , untill this beast arise , and then they have but power as kings one hour with the beast ? . we must answer negatively these ten horns here mentioned cannot be meant the ten kingdoms subject to rome ( as some would have it ) for that is expressed in ver. . otherwise , then by ten horns there the head of rome , the pontifick state , is called the whore , and the powers subject to rome compared to waters , which waters are by the holy ghost in the same verse interpreted peoples and multitudes , nations and tongues . . we answer possibly , yea most probably , ten horns may have a double sence and meaning ; the one , to set forth these kings subject to the roman empire , and so dan. . . is to be understood ; and so the most learned protestant writers understand these ten horns : 't is also the opinion of learned men , that by ten horns is meant the senate of rome , subordinate to the imperiall power of rome : so alcazar understands these ten horns , he calls them poliarchiam senatorum . and ( not rejecting the common interpretation of the ten horns ) i conceive this may be the meaning of rev. . . where when the state of rome was changed from emperours to popes , the seven heads had blasphemous names on them , and the ten horns were crowned . the senate of rome under the emperor had no crowns ; but when the pope came up with his ten horns , that is , his conclave of cardinals ( resembling a senate ) they had their miters on ; here the ten horns are crown'd : as i do not dote upon this interpretation , so i dare not despise it , for it hangs upon as much reason as the other , if not more , and i know no reason , but why these ten horns may have a double signification , as well as the seven heads ; but the seven heads ( rev. . , . ) signifie seven mountains , and seven kings . therefore by these ten kings here , rev. . . i conceive is meant those senators , or that packt party , that this beast sets up by his sword power ; and as caesar conquer'd under pretence of subjecting people to his packt-senate in rome : so doth this subdue nations and kingdoms to his packt-party of senators . observe how clearly this appears in the text , v. . . the holy ghost doth not say these kings shall receive kingdoms , but a kingdom [ ten ] is but indifinitly for many ; as ten virgins , ten talents ; and now these many shall not reign in distinct kingdoms : for john saith they have not received a kingdom , noting these many kings shal be in one kingdom . . they are not absolute kings , but receive power as kings ; they rule and tyrannize , and make lawes , and exact obedience from the people as kings . . 't is but one hour that they have this power , three years and an half is the utmost extent of their duration in this power , for they come in with this beast : now this beast continues but three years and an half . . these all make but one vote , v. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is , in english , make one vote . i do not know how better to express it in english : therefore i conclude , that these are not distinct kings , but such as vote together in one councel to propagate the beasts designs ; and in so doing , ver. . they are by the holy ghost marked for those who fight with the lamb , and the lamb overcomes , so that hence i gather , that the great battel spoken of to be fought ( rev. . , . ) by christ against the beast , and the false prophet , is the battel that is to be fought against the beast , and these ten horns : for on the churches side the generall and his army are one and the same in both ; here he is called the lamb , and rev. . , . he is called the lamb ; here he is called the king of kings , and lord of lords , and there , vers. . he is called king of kings , and lord of lords : here his army is called faithfull and chosen , and in ver. . there their generall ( who makes them like him , by calling them to him ) is called faithfull and true . this battell is set forth , rev. . . by a great earthquake , and rev. . , . by gathering the vine of the earth into the vinepress of gods wrath : a usuall metaphor to set forth the ruine of the enemies of the church by , like that in judges , the gleanings of ephraim are better then the vintage of ebiesar , that is , the little conquests of ephraim in taking these two princes , were greater then ( the vintage ) the great conquest of gideon over that vast army . but here is another hard question comes in , and that is from v. . and . q. how can it be said in v. . that the horns make war with the lamb , and the lamb overcomes them ; and in v. . the ten horns shall hate the whore , and make her naked , and eat her flesh , and burn her with fire . resp. to this we answer , those ten horns cannot be the same in person , in v. . with these in v. . . because these in v. . make war against the lamb ; but those in v. . make war for the lamb . . those in v. . are destroyed and overcome by the lamb , and therefore cannot be the same in person with those in v. . because they shall hate the whore : now comes in the judgement of the whore spoken of , v. . and in this , v. . the officers that shall bring her to judgement are set forth . observe but the opposition that the holy ghost puts betwixt the person and persons in one office : by the ten horns ( as i have shew'd ) signifies a senate , a parliament , or a supream power consisting of many members : this v. . and . ( if seriously perused ) shew us , that there shall be a great rent amongst persons conjoyn'd in one office ; the ten horns , v. . arise with the beast ; but the other ( v. . ) give their kingdom ( through their oversight to the beast ; so that these clearly are distinct : for these last ten horns had a kingdom , or else they could not give it away ; but the other v. . come to be kings , or as kings with the beast : so that the coming up of these is the casting down of those ( vers. . ) untill the words of god be fulfilled : those ten kings vers. . give their power and strength ( which they received from the beast ) to the beast against the lamb . but those ten horns v. . give but their kingdom for a time , and when that time is fulfilled ( i. e. ) when the seventh trumpet sounds , when the mystery of god shall be finished or fulfilled , then those shall hate the whore , and shall make her desolate , and eat her flesh , and burn her with si●e : this gives us a most clear description of the slain witnesses , by a party atising out of their own bowels : here are the same ten horns for the beast against the lamb , and the same ten horns for the lamb against the beast , and the whore : this is a mystery which hath been locked up from former ages , and is now in the eyes of all the world revealing it self : these ten horns therefore are distinct in their persons , and the same in office , onely the one party sides with the beast who gives them his power to slay the witnesses : so that these reigning , keep the name and power of a parliament , and so they are called the ten horns , and this rome they keep till the true parliament ( which pretendedly was on the beasts head ) arise , and by their powerful prosecution of their covenant-reformation , shew their hatred to the whore , make her desolate , eat her flesh , and burn her with fire : for certain the rising of the slain witnesses shall be the downfall of the beast , the pope , and the devils kingdom : i am not ignorant how remote i am from the common received opinions of the protestants ; neither am i ignorant , how far they are from the clear light of sacred text , which gives too much occasion to the romish party in their writings , to scorn at their interpretations : it were easie to shew the contradictions that they make , who interpret these ten horns to be the ten kings of europe : but i forbear , and only make this the excuse of my prolixity , because i easily perceive the great stone which the protestant writers stumble at , is this last beast that is to rise and raign three years and an half , in which time he slays the witnesses : this beast few of them ( for ought i can perceive ) ever dream't of ; therefore they mistake the beast rising out of the bottomless pit , rev. . . the beast of the earth , rev. . . and the eighth beast , rev. . . to be the pope , and these ten horns to be the ten europian kingdoms , which are all gross mistakes , and the causes of greater in most of their writings . having thus ( by the good grace of the holy trinity ) by these mysterious texts discovered this last beast , and these last enemies of the church , i trust he that is not spiritually blind will say , surely these scriptures are fulfilled in our eyes this day . was there not a glorious reformation began , and though with much danger and difficulty , yet ) clearly carryed on : read but the assemblies works ; read the good ordinances made by the parliament for the carrying of it on ; read the covenant , and then say , whether there was not a glorious reformation began : nay did not the king give his royall assent to this reformation , and did not the parliament close with these concessions ; and then , even then , on a sudden when these witnesses had finished their testimony , then ariseth this beast , and over throws this reformation , by slaying the witnesses which had finished their testimony : by this the reader may see my confidence , upon scripture-bottome , that these are the times , and this is the place , and the magistracy , and ministery of england , are the witnesses that now are slaying ; and this power now tyrannizing over the church , is that power that slayes the witnesses ; and the beast that set up this power , together with the power that he hath erected , shall gather all their strength against the lamb , that is , against the true saints , which in sincerity worship christ ; and there the mighty hand of god shall appear to the utter ruining and confounding of them ; then shall the witnesses arise and take up that reformation which hath lien dead three years and an half , and shall carry it on without any more opposition ; and all this shall begin to be done ( i do not say finished ) neere about this present year , . these i have more largly discoursed of in the ensuing tract , yet not at large , because i expect to have it answer'd by some of the time-serving champions , especially docter homes , whom i take to be the learned'st saint of them all in this study ; and he hath got him almost as great a name amongst the ignorant crew for a prophet , as lillie the hedg-prophet , who jispsie-like gets his living by telling fortunes : as lillie , so doth this doctor make his oracle speak to the humour of the times : as that infamous priest of apollo , out of base flattery made the oracle {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . so doth the blasphemous wretch indeavour to make the holy oracles of the scriptures {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , to humour the usurping trayterous bloudy hereticks of the times , and with more subtilty then any of his fellows . it behoveth christians to observe some mens designs more then others , and to observe how they carry on their designs ; as for this doctor he undertakes to prove the foulest actions that ever were committed by christians , to be the gloriousest and greatest actions that ever were performed by christians , and pretends to fetch all his proofs from sacred scripture , from propheticall texts ; and 't is commonly taught , that king charles who was cut off was the antichrist , and london the city that must be destroyed with seven hills ; and the presbytery the locust that must be destroyed ; so that ere long we shall have protestants massacred as antichristian ; 't is therfore time to look after such fellows . indeed there are many in print , who assume scribendi libertatem ( as scaliger saith of the french ) but have not scribendi facultatem . i think the writers of these times upon this subject , edged with the doctors designes , may be distinguished , as maladies are amongst the learned ; some are privative , some are positive ; in some there is seminarium stultitiae , in other some seminarium invidiae : now the later of these is most dangerous : from hence proceeds heresie and apostasie from truth ; if we mark it , error is a positive act ; and where it meets a malicious heart , and a subtill head , it doth infinite hurt . now i shall sooner prove the doctor one of these , then stile him one . as for that other sort of prophetick time-servers , though 't is true there be unus utrique error , yet , poor soules , they make such ridiculous nonsense of what they steal from learned men , that every man of ordinaryparts cannot but cry out of them as eruditi fures , and deserve as much to be slighted , as iohn goodwins songs to be laught at . the truth is , such self-conceited ideots deserve better to be met with a lacedemonian whip , then to be corrected by a sober pen : they are such as hierom complains of , qui loqui nesciunt , & tacere non possunt ; i do not mean onely such tinkling cymballs and crackt trumpets as sterrey and powell , durie , feake , the furriers boy , will . sedgwick , iohn goodwin , simson , and carpenter the converted jesuite , with his brother tillam the blasphemer ; but many others , poor soules , who are great zealots against antichrist , but know not what he is : a man that hears the contradictions , absurdities and egregious falsities that they impudently utter sometimes in one houre , would conclude as ( lactantius doth against the philosophers ) aut stulti aut in ani , nullus enim ager , nulla anus , ineptiùs deliravit ; these empty-headed fellowes , whose privative malice proceeding of ignorance , makes them belch forth such indigested crudities , i would intreat good christians to pray for them , for they know not what they say . but while i am viewing the followers of the beast : there is a third sort of time-servers , the worst of all , by how much the more eminent they are for the profession of the protestant religion ; for that of iuvenali is true : omne animi vitium tantò conspectius in se crimen habet quantò major qui peccat habetur . these are not such lascivious goats as the doctor that i deal with , nor such silly hogs as those i pass over , who like those possessed run in a herd together down the precipice of ruine into the sea of perdition , without remorse or stop : but these are men of gravity , men of sobriety , men professing outwardly godliness , men that , like judas , kiss christ with their lips , and imbrace christs murtherers in their arms , that have their lips in heaven , and their arms in hell : they are like the ayr in their constitutions , which element , though it proceed ex duobus elementis à symbolicis , yet notwithstanding 't is utrique symbolicum ; and so are they , i mean such as mr. nye , mr. thomas goodwin , mr. shadrack simpson , mr. bridge , rows of eaton ; who though no priest , yet may well be stiled a franciscan apostate : and i would i could leave out mr. j. car. and m. ob. s. i am loth to name them , because i am ashamed that the world should know that two such eminent-godly-learned men are amongst such an antichristian abominable faction : but who knows that mr. caryl is amongst them , and that mr. obediah sedgwick keeps publike thanksgiving dayes for the overthrow of the scots , our covenant-keeping brethren , hi sunt illi ( saith tullie ) qui non solùm vitia concipiunt , sed etiam infundunt , in civitatem plusque exemplo quam peccato nocent : these are those adultae patriae pestes , that , if it were possible , would seduce the elect : how much mischief have these men done by their evill example , by their open apostacy from their church and state-principles , by their covenant-breaking , and by their elegant pleading ( like job's acquaintance ) against a righteous cause ; and most shamefull extolling and complying with wicked men , cursing the righteous whom god afflicts , and blessing the wicked whom god abhors : these {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( as greg. nazianzen calls them ) such as will truck away their religious principles , and break their covenants , for the gain of the world , notwithstanding their former writings and opinions , fight with their present actings , like the souldiers of gadmus to their own confusion . these men going in the way of cain , and running after the errour of balam for a reward , have provoked me , unworthy me , like balam's ass , unexpectedly , though out of the anguish of my heart , to reprove the madness of these prophets . i no whit wonder that hereticks , and scandalous loose fellows , such as doctor homes , and john goodwin , keep thanksgiving dayes , and make ballads at the overthrow of the church and state of scotland ; for they know that scotland is the greatest enemy to heresie and lechery in the world : these go upon that new-found maxime , self-preservation , and so have some ground for what they do : for doubtless homes had been hang'd for his uncleanness , and abominable lewdness , had the scots laws been put into english practice , and such as goodwin had been justly banished , for open apostacy and obstinate heresie , if not hang'd for a blasphemer : therefore i the less blame them for what they do , and the rather , since their own former writings save me the labour : doth the doctor call the church of scotland , and the presbyterian church whore by craft ? poor man , we very well know that this is not his first mistake ; it is not the first time that he hath mistaken an honest woman for a whore , witness his congregation that excommunicated him for such gross mistakes , and to this day for the same stands excommunicated : were it not therefore through this doctors sides , that i intended to wound the whole rabble of deceivers , and false prophets , who most egregiously abuse prophetick texts , to the defaming of the true church ; and that the time-servers may know i dare incounter their sturdiest champions , i should have been ashamed to have entred the list with so scandalous a man as doctor homes : but why should i be ashamed to confute him , when the lord major of london was not ashamed to make him his teacher . let no man think that i do {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , meddle with that which concerns me not ; for by my covenant i am bound timely to make known and discover , whatsoever church or state-evill : i am not able to suppress , and i do no more here , i know that this my young lamb must pass through the midst of wolves and lyons , who will indeavour to devour it : and therefore i have arm'd it with armour of proof , the holy scriptures . i do not ( as cromwel in his letters falsly saith the scots do ) use weapons of a foolish shepherd , i fetch all my weapons out of davids armory , the scripture : here hangs a thousand bucklers , all the shields of mighty men , i draw no arguments from conjurers dreams , or from astrological predictions , such really are the weapons of a foolish shepherd ; i offer no such poysonous water to the thirsty traveller in this road ; all that i draw comes clearly up exprofundissimis scientiae fodinis , from the scriptures , the wells of living water : here are no texts crook't ( though cross to the common interpretations ) by any private interpretation , to particular self-ends : indeed i do swim against the stream of common interpreters , but not without just cause given , i protest it is not out of a desire to be singular , as not a few in this age do , who think no fabrick of fame stands so stately , as that which is built exruinis alienae existimationis , esteeming it no small piece of honour to be counted novae alicujus rei authores , let it be what i will , for my own part , i protest against such folly . i onely follow the ark ; which way it goes , i go ; and when it stands still , i stand still . i shall submit my self wholly to the censure of learned texts men , whether i have wracked any texts to stretch it beyond the lawfull bounds of interpretations , or whether i have made any {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or not made my {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} onely . this i will assure the reader , that he shall find nothing in this book either prater fun lamentum salutis , or contra a fundamentum salutis : nor scarce any one text ( of these many ) unfolded , but what learned writers do concur with me in ; for i walk upon the learned heads of at least fourscore interpreters , and if i fall from ones head , i presently fall into anothers arms , so that my sence falls not to the ground . indeed my style and my method may justly be blamed , i am heartily ashamed that it should go so tatter'd with its rags into the world ; but indeed the reason is because it was done in hast , not that it was studied in hast , but scribed in hast : it is well known this piece proffer'd to the press within a month after the doctors sermon was printed , and from that time , to this day , it hath waited at the press ( like the cripple of bethesda ) expecting dayly some one to put it in ▪ indeed my book ( if it could ) should not go like independents wives {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now the church is in her winding sheet . the first part of it proves monarchy to be jure divino , and to be visible in the church from the creation to christs incarnation , who was both monarch ( by a right of succession from adam ) of the whole world , and by right ( of succession from david ) king of the jews , according to the flesh : i have not handled this point , or any other , so fully as i might and could , i intend it not , untill i hear what my antagonists say against me ; and then i shall ( by gods good grace ) say more upon this subject , if need require , not otherwise ; for i hate coming in print , except in a case of necessity ; and in that case onely privatly . i heartily praise god that i have so fair an opportunity to declare my self in this of monarchy , for at least seven years ago , i was unjustly slander'd by those ingrateful wretches whose family and goods i protected ) that i should say that i would kill the king . this news , and my name , was carryed to the court , where it met with his majesties ear as he was at dinner : there it was told him that i ( naming me by name ) was the man that had vow'd the kings death where ever i saw him . this doubtless had died away , and never come to my ears , had not this accident hapned ; he gouty good gentleman of the house ( where the king at that time kept his court ) though he could neither stir hand nor foot , by reason of his age and disease , yet was so inraged at the news , that he vow'd , as decrepit as he was , to be the man to fight with , and kill such a rebellious villain ( meaning me ) as would attempt such a thing . i never had an opportunity to vindicate my self from this foul aspersion , nor so much as to present hearty thanks to the gowty gentleman for his hearty and loyall affections to his soveraign the king , in that he would adventure his life to kill a villain that should attempt to kill the king . i profess before god and men , that i , when i was so aspersed , was of this opinion , that he was both a villain and a traytor and deserved sudden and cruell death , that would presume in his heart to think so evil a thought as to kill the king : for my own part i had rather be a slave to my liege soveraign , then a ruler amongst the rebellious . i am througly convinc'd , that monarchy is that government which god hath ordain'd and set his stamp upon ; and all other government is the ordinance of man immediatly , though approved by god , as the seventy were under moses , and that no person upon earth can by gods law question or bring to punishment the person of a monarch . this we all know , both jews and gentiles , that hold the divinity of the scriptures , that the church of god ( before christ ) was beholding to a monarch , both for their church-laws and state-laws . for the revelation of the will of god , and the manner of his worship , moses the monarch was the first mediator , into whose hands the first glorious gospel dispensations were put . god revealed himself immediatly to moses , and the people received gods mind immediatly from their monarch moses . the first revelation of the covenant of grace was given to adam the monarch of the world : the second manifestation of the covenant , with a seal , was given to abraham the monarch of the church , and the gospel-church received all their spirituall lawes and ordinances from christ the natural son of both : but now the question will be , whether christ ordained monarchy in the gospel church , as well as the ministry : if so , shew us the monarchy , i acknowledg this a difficult question , i do not find any of the learned so much as touch upon it : indeed i find many men in the negative , but scarce one affirmative in this question ; i find ( though not directly ) hierom and calvin negative in the question , that christ ordained a government , and that potestas & ordo , power and order , are essentiall in that government , ●o divines do deny ; but the modus & titulus in this government , is that which as yet lies disputable . some say this government ought to be aristocraticall : of this opinion is that holy and learned calvin ( which i wonder at ) his grounds for it are because he thinks the ancient government of the jewes was aristocratical : but the sandy foundation of this opinion . shews us the weakness of this argument : for there is nothing more clear , then that israels government , from their deliverance out of egipt , to their captivity in babylon , was monarchical , if supaemacy in one be monarchy ; so that out of the rains of calvins argument will arise a firm argument : thus if the examples of civill-government , under the gospel , must be according to that under the law ( for there the force of calvins argument lies ) then monarchy is the government that must be erected in the time of the gospel : but we pass this . hierom is of opinion , which he grounds on dan. . . that when the great day of gospel-reformation shall come ( i. e. ) when the roman monarchy is destroyed , then ( saith he ) all kingdoms shall be thrown down , and there shall be no government at all , onely the communion of the saints . but this opinion ( as 't is much built upon these times , so ) 't is built on a sandy foundation , upon a mistake in the interpretation of dan. . . and it is absolutely contradictory to these prophetick promises of uniting the two tribes , and the ten tribes , under one king or government , ( i. e. ) making them , as at first , one kingdom under one king ; and against those texts which promise to the jews , that in the gospel-dayes amongst the gentile-gospellers , he will raise up kings to be their nursing fathers , and queens to be their nursing mothers , and many other texts : therfore we pass this also . the noble and most learned hebrews , for the most part , conclude , that god will call them again , and make them a famous monarchy : so that the worst of them hold , that monarchy shall continue untill the end of the world : indeed levie ben gerson , an hebrew , upon the first of sam. . pleads for aristocracie ; and to advance it , he ( like the serpent ) bites kingly-government by the heel : like as the prelates on the one hand , and the independents on the other hand , plead against presbytery , so doth he against monarchy : for he picks up the excrements of the kings of judah and israel , and from their illsavouring infirmities conclude , therefore their government is such as their infirmities were , which is such a childish weak way of arguing , that it deserves no answer : as if because the priests were naught , therefore their office must be naught : or because a sacrifice was lame , therefore the temple was naught : or as if because the image on the gold is defaced , therefore the gold is naught : this is peevish-childishness , therefore we pass that also , and come to the question , whether christ ordained monarchy to be in the gospel church ? to that we answer negatively , as to the title . . no king on earth since christs incarnation , to this day , can shew an extraordinary or immediate call from god to be king , as david could , and solomon could , for he was chosen king , by god , before he was born . . there is no king , since christ , that can say he hath a naturall right to his kingdom . succession , that ended in christ , who had a true title , by natural succession , to be monarch of the world , as descending from adam , luk. . and a natural right to the monarchy of the jews , as descending of abraham , matth. . so that christ onely is naturally according to the flesh , by succession , the king of the jews and gentiles ; and in this sence is rom. . . to be understood , where adam is said to be a type of him to come , that is , as he was monarch of the world by divine institution , and naturall right : so that he that claims since christs incarnation , by a natural right , the monarchy of the world , or kingdom of the jews , usurps the office of christ ; for christ onely is monarch of the world by a natural descent , and in this respect he is both king and priest after the order of melchisedeck ; for melchisedeck was without beginning of dayes , or end of time , in respect both of his priestly and kingly office , without beginning of dayes , that is , in respect of his pedegree ; for he was both king and priest by naturall succession from seth the son of adam , which was time out of mind ; for none at that time were able to tell the antiquity of his descent , who by birth was both monarch and priest ; and then this melchisedeck was without end of time : for neither the kingly office , nor the priestly office were extinct in the church untill christ came , in whom met both the kingly , the priestly , and the prophetick office : this christ was according to the flesh the naturall son of melchisedeck , who having carried up to heaven with him his humane nature , sits a king , a priest , and a prophet in that nature in heaven for ever , on his churches behalf ; and in this sense melchisedecks offices are without end of time ; for our king and our priest is ascended up into heaven , where he makes continuall intercession for us ; so that since him there is no succession of monarchs by lineall descents : but magistracy is not made null under the gospell , because it ceaseth in respect of a naturall title by succession for god hath ordained by his approving providence , other ways of erecting monarchs then by succession or immediate call , as david was monarch over the countries round about him , not by succession , nor by an immediate call from god , but by conquest ; so that the great office of monarchy may lawfully come in at other doors , though the door of succession and immediate calling from god be shut . but this is not the question . that christ hath not abolished monarchy under the gospel , nothing is more clear : for government is a morall thing , and stands as sure as the fifth commandement : now monarchy is gods government , therefore it stands firm with the fifth commandement , which laws he came not to make void , but establish . we may truly argue therfore for monarchy under the gospel by an argument taken à fortiori : for if under the law god gave to his church monarchicall government , much more doth that great blessing belong to the gospel church , paul exhorts that prayers especially be made for kings , that they might be converted , that so under them the church might lead a peaceable life , so that kings were to be brought in under the gospel as well as others . it is true indeed , there was not immediately after christs ascension a visible established magistracy in the church , because the church was not then established : besides , there was no need of magistracy at that time , for christ the absolute monarch of heaven and earth by a true and unquestionable title , both by succession and conquest , after his ascension , according to his promise , sent his holy spirit in an extraordinary way upon his twelve apostles , who dividing the world amongst them , went forth in the power of the holy ghost conquering the people : during their time there was no need of any magistracy , for their protection ; for the holy ghost protected them beyond all the magistracy in the world ; it released them out of the strongest prison , brake open the strongest gates , and knockt down their stoutest enemies , as paul , who was doubtlesse some great magistrate amongst them ; for he was the companion of herod , and when he was converted , the church had peace round about ; which argues , there was none before his conversion greater then he : he punished the scandalous , as ananias and saphira : it gave ( like a monarch ) large boons to those that desired it ; it healed the sick , gave limbs to the lame , raised the dead , and by its imperiall power made spirits of men in every nation bow down to the apostles commands : this extraordinary presence of the spirit with the apostles , was beyond all the monarchs in the world ; for this spirit saved all the passengers in the ship , when the ship was broken all in pieces , which all the monarchs in the world could not do ; this spirit raised paul from death to life after he was stoned , which all the powers in the world could not do ; therefore there was no need of a magistracy to protect them in that age , the power of working miracles was their magistracy at this time ( say some . ) we may truly affirm , that since christs universall conquest on the crosse , after his resurrection , from that day ( matth. . . ) that he divulged this universall power in heaven and earth ; the church hath not been left without a true monarch , for christ is that monarch who gave commission to his disciples to divulge his laws , and command the world to observe them , and he would be with his embassadors to the end of the world ; so that the true church cannot be without a monarch , who by a naturall right according to the flesh , raigns over them , and will raign in the midst of his enemies , and make all their designs promote his honor , and his churches good ; this grand priviledge only the gospell church injoys , for the jews had only temporall monarchs , according to the flesh , who died away , but they had not a spirituall monarch , who by right of succession came , whom ( through unbelief ) they reject to this day , though for certain he is their lawfull naturall king , by a naturall right of succession , being of the linage of david , and he is our naturall king ( we being gentiles ) by a right of succession from adam ; and he is spiritually the king , both of the jews and gentiles , by that spituall infinitely glorious conquest , which he got over the wrath of god , and his divine justice , over the powers of hell , and all their malice , and over the souls of the elect , and all their sinnes ; so that he is by conquest the monarch of the gospell church , so that the church under the gospell can never be without a throne , and one to sit upon that throne . in the last place , this we do affirm , that soon after extraordinary gifts ceased , and that extraordinary succession of ministers which christ promised to be with til the end of the world ( mat. . . ) succeeded , god raised up a civil magistracy for the protecting of the church , propagation of the gospel , and preservation of the ministery : this magistracy was visible in england before any other part of the world ; and as rome furnished our magistracy with a godly orthodox christian ministery , so not long after our magistracy furnished rome with a godly magistracy , to rescue the ministery out of the jawes of those heathen dragons : lucius about years after christ ( being a brittish king of this nation ) was called to be gods vicar ( as elutherius bishop of rome terms him ) this christian king sets up christs lawes and faith in his kingdom , pulling down paganism , and setting up christian bishopricks in the room of the pagan flamins . about years after , out of the same royall brittish bloud , god raised up that famous witness for his truth constantine , who became the first great protecter of the christians throughout the habitable world ; he was the first that made rome , which for a long time had been the devils throne , to become gods throne , rev. . he threw down the bloudy dragons , the emperours , and rome afterward became famous in her magistracy and ministery for christ , beyond all the world , untill antichrist arose , and drove these witnesses into the wilderness , and made them war sackcloth ; since which rising and tyrannizing of antichrist , there hath been a visible magistracy and ministery in england , as witnesses to the truth of christ , though many times in great obscurity through outward persecutions : it would be here too tedious to relate what might be said of the magistracy and ministery of england , we will onely say thus much , that the kings and bishops of england testified to the truth against the popes antichristian usurpation more then others , and before any other witnesses ; for about the time , anno . when the popes were swelled to their height , even then shall we find ( when other kings kissed the popes feet ) the kings and bishops of england opposed their usurpation . what if i did assert this ? that the first lawfull christian magistracy under the gospell arose in england , from england it went to rome ; wherefore a little while ( half an hour ) it flourished and caused great peace in the church ; but when antichrist arose , he drove the lawfull magistracy and lawfull ministery of rome into sackcloth , and into the wildernesse , that is into some remote place from rome ; observe it , rev. . . the woman , that is , the church that brought forth such a happy son as constantine : this woman by antichrist is drove into the wildernesse ( saith the text ) into her place ; whence i conclude that england is this wildernesse . for first , this was the place from whence a godly magistracy went unto rome : and secondly , this was the place unto which the witnesses were drove again , where i say have been visible in sackcloth since the popes usurpation of rome : nay , let me add this to my assertion , that the lawfull monarch of rome by a true line of succession was charles the king of england , who was beheaded on a lofty scaffold at noon at his own door , january . . for if noble sir robert naunron that learned antiquary , and noble lawyer say true in his fragmenta regalia , cap. . p. . whose words are these ; remarkable it is , ( saith he ) concerning the violent desertion of the royall house of britains , by the invasion of the saxons , and afterward by the conquest of the normans , that by the vicissitude of times , and thought a discontinuance ( almost a thousand years ) the royall scepter should fall back into the corrent of the old british bloud , in the person of henry vii . together with whatsoever the german , norman , burgundian , castalian and french atchievements , with the intermarriage which eight hundred years had acquired , incorporated , and brought back into the old royall line . hence then i prove , if henry vii . were the lawfull successor of the british kings , then he was the lawfull successor of constantine king of england , who conquered rome ; and if henry vii . be the lawfull successor of constantine , then those lawfully descended of henry vii . but this lawfull family of the stuarts are lawfully descended of henry vii . ergo . the stuarts are the lawfull successors of constantine the great , the first christian emperor of rome : there are very many other waies which to some seem clearer , whereby to prove this truth ? if so , know ! oh rome , that the lion of the north , thy lawfull emperor and true christian magistrate , will suddainly arise to the utter confusion of that bloudy usurping prelate , which by his subtill treacheries hath caused the lawfull magistrate , the lawfull emperor of rome ( drove into this wildernesse , where in sackcloth the office hath continued , having finished that prophetick testimony in the year . ) to become a slain witnesse for christ : the other office of the ministery lying dead ever since , but the three years and an half of their lying dead is almost expired , and then the same offices shall arise to the eternall ruine of the pope , and popish idolatry : but no more of this in this place , i hope some antiquaries will be so truly noble , that they will plead a distressed kings cause , and clear this title of his , which is doubtlesse to them an easie thing , and may procure them great renown in after ages ; for my part i shall say no more of it in print , unlesse i am challenged , and then if no body will take up the cudgells in the quarrell , i am resolved , neque clipeum objicere , neque causam deserere , though indeed i have as much upon my weak arme as i am well able to beare , well able to doe i say ? i professe my selfe ( as in the undertaking , so in the defending of so great a cause as i have taken in hand ) utterly unable without the divine hand to support me : the reason why i have discoursed so much of monarchy is , because i am fully perswaded that the great reformation to be wrought amongst jewes and gentiles , shall be wrought by monarches , when god shall open the eyes of the jewes , to know assured that the lord jesus is their true and naturall monarch according to the flesh , and their naturall priest , that is , by birth-right , as melchisedech was ; then shall they look on him whom they have pierced , and mourn over him , they shall then be converted : now this conversion is designed in that gospell epistle written to the twelve tribes , called the epistle to the hebrewes , as the knowledge of their true monarch and priest shall work wonderfull conversion amongst the hebrews , so the knowledge of a lawfull magistracy and a lawfull ministery shall work a wonderfull change at the same time amongst the gentile churches , who are now overwhelmed with the cruell tyranny of the usurping prelaticall power of rome : a lawfull monarch rising shall be the instrument of a glorious gospel-reformation , of restoring the witnesses , and of the overturning of the roman empire in its pontifick head . much of this opinion is that dutch divine in his clavis apocalyptica , to whom iohn durie the scotch man binds himself as in a dutch duell , where he falls to stick and snee with him ; for saith the dutch divine in pag. . a high potentate amongst evangelicall professors shall arise , and be exalted , to the terror of the papists , and shall open again a free course to the gospell , and reestablish the exiled and oppressed gospellers . and iohn durie out of the sootie region of a dark intellect , gives us this dark notion in p. . ( which he cals the preface to this dutchmans book , intending that the reader should put on his black spectacles to read the dutchmans white booke withall . ) i believe ( saith john durie ) that we shall not have any great earthly potentate at all ever to appear for the lamb in this battell , but that they shall joyn alwayes against the lamb-like nature of the saints , to oppose and destroy it . how can two be more contrary ? i must leave them , though i leave iohn in the dark , who participates more of the man of his countrey , then of the nature of his countrymen . there are some questions that betray ignorance , rather then discover wit , as this ; say some , how can it be said that in henry . dayes when the abbies were pulled down ; in q. elizabeths dayes , when the kingdom it flourished , and religion prospered and was countenanced ; and so in king iames's time ; how can the witnesses be said then to be in sackcloth ? in part we have answered to this elswhere ; but let such take this as one great part of the answer , let them read diligently the history of our nation since henry the sevenths time , and observe the counterworkings of the pope against the protestant reformers , and they will say they were in sackcloth . i shall conclude this preface with a short discourse of our former reformations , not so much by way of information , as premonition to him whom it concerns . the objects of every reformation have either been civill 〈◊〉 ●●clesiastick matters . a civill reformation hath respect either to the offices in the state , or to the laws in the state : the office of state in the head hath been unquestionable in all ages , except in times of rebellion or usurpation ; and then , not the office , but the persons in the office have been aspersed and questioned ; in all which ungodly actions , the pope , and the popish clergie alwayes had a hand . indeed the popes have grapled with the supremacy of kings , and usurped a supremacy in this kingdom over the kings in ecclesiastick affairs , and in that respect their offices have been questioned , but the kings of england never yeelded up their right to the pope , but kept the supremacy of church and state affairs in their own hands , not only since the norman line came in , but in the time of the saxon kings , as appears by many of their lawes and charters which respect the clergie , wherein the king , as head of the church , doth ecclesiastica authoritate dispose of the rites of the church , and the great offices thereto belonging , promoting some , and debarring others , whom they please , from the office of archbishop or bishop . this supremacy the norman kings kept , which was mostly the ground of this quarrell betwixt the kings of england and the popes ; who were the cause of the english kings wearing sackcloth ; for the popes never suffered them to live quietly , but alwayes either raised their own subjects to rebell against them , or foraigne princes to invade them ; but most commonly the pope sets the religious houses against the king ; for there the pope kept the band-dogs to werry royalty , when it opposed this supremacy . the insolency , strength and wealth of the clergie caused accidentally a reformation in the church , ( which is the proper object of a reformation ) now this must be premised before we can proceed . we must know that lucius the first christian king , when he erected bishopricks , he gave estates to those archbishops and bishops which he placed in the kingdom : he did but according to the light of nature in it : for the pagan priests had means allowed them : the three archflamins and the twenty eight flamins of the pagans the king turned into so many archbishopricks and bishopricks : afterwards the saxon kings erected many more religious houses , chanteries , monasteries , hospitalls , and to which livings were given for the maintenance of the ministery , and relief of the poor , the giving of these livings was not the person that was sowed in the church as some have erroniously conjectured . these church-lands anciently were called by their right name , appropriations , because they were appropriate to a particular succession of clergy-men , which were of severall orders and houses , each of which made a body politique , and obtained either of the pope or of the king , that their successors ( suppose the incumbents , priors , abbots , or prebends ) might without institution or induction of the ordinary be perpetuall incumbents ▪ so that as one of them died his successor might forthwith enter into his place : hence they were called appropriations . when the clergy had appropriated these livings to themselves , they grew idle , lascivious , proud , rich , and rebellious , insomuch that the pope for the most part , making them of his faction , curbed the king of england in his own dominion : whereupon henry viii . partly to secure himselfe from the inraged pope , but chiefly for the profit of the abbies and religious houses pull'd them down , which that he might do effectually , and with much applause he ingaged the lords and commons against them , who envying their pride and wealth , were easily drawn to concur with the king in the same : and that they might gain a party in the clergy , this work of pulling down abbies was reported as the onely high way to a reformation of religion , ( and indeed there was a great alteration in religion for the better ) hereupon the magistri novae disciplinae , the masters of new discipline ( these were the protestant divines ) they were embraced by the king , ( just as the presbyterians were by the parliament , when they took away the bishops lands ) the king made large promises , untill the parliament had confer'd the church-land upon him , and then the masters of the new discipline were as much slighted as the presbyterians are now ; and thus appropriations become impropriations , justly so called , because they were put into improper hands ; lay-mens hands . from this discourse , i draw these two inferences . all the reformations , as yet , have been but sackcloth reformations . 't is a land-devouring , king destroying , god-provoking , soul-damning sin , to be guilty of sacriledge : let that king then that looks for a blessing from god , make conscience of restoring that to the church which is her due , notwithstanding long detained from her : let no man think that i plead for my self in this , for i am no clergy man : i must break off here abruptly , for the printer grutcheth at my prolixity . the blessing of the eternall trinity be upon thee ( reader ) in reading this and the ensuing tract , that from it thou may'st receive light and comfort in these dark and disconsolate times . fjnjs . reader , since nothing is more common , and nothing more dangerous then erratas , to prevent that common danger i have given thee here the erratas , to keep thee from error : thou hast only here those in lingua testium , and not all those , but only the grosse ones , such as upon a swift perusall i found most grosse : i durst do no otherwise , lest the printer should ( as those unworthy fellows that printed manus testium ) totally neglect the printing of the erratas sent them , whereby the book suffers exceedingly ; as also in the leaving out of many clauses misplacing stops , commas , and parentheses , and crowding together distinct matter in a confused heap , with mistaking of texts , as in p. . there hebrews is put for revel. and in f. the fourth seventeen for seven psalmes , which seven relate the church her great distresse , and her glorious deliverance by the mighty hand of god ; and in f. fourth papists is put for pa●●ias , p. . for this present r. the protestant . p. . ex ejus r. ex ciis . for ... endatiae r. mendariae p. . for sybillae fraudulentia predicet , r. sub illâ fraudulentiâ perdidet . and in p. . the fifth and sixth lines are confused , and severall other places which i have forgot , having not the erratas by me . this i give thee to free my self from the censure of tolerating errors ; especially in that which so nearly concerns me . in the title in proposition . for never read were . in the last words in the title page , for beasts read beast . p. . l. . r. petrus galatianus . p. . l. . understood , r. understood so . p. . l. . . r. . per their account . p. . l. beasts r. best . p. . l. . . r. . p. . l. october r. december . betwixt p. . & . three words are left out . p. . penult . pape r. people . p. . rome r. powers . p. . eruditi r. ineruditi . p. . l. . malice r. maladies . l. . à symbolicis r. à symbolis . l. . r. who knowes not . p. . l. . raines r. ruines . l . worst r. most . p. . l. . from seth the son of adam r. from adam . p. . l . wherefore r. where , for . l. . i say have r. i say they have . l. . thoght r. through . p. . l. . man r. name . l. . l. . this r. his . p. . l. . person r. poyson . betwixt p. . & . two or three words are omitted . notes, typically marginal, from the original text notes for div a e- isay . . dan. . . a d. . . b d. . c rev. . d da. . . e r. . . . f r. . . . g re. . . h za. . . da. . . the necessity of christian subjection demonstrated, and proved by the doctrine of christ, and the apostles, the practice of primitive christians, the rules of religion, cases of conscience, and consent of latter orthodox divines, that the power of the king is not of humane, but of divine right, and that god onely is the efficient cause thereof : whereunto is added, an appendix of all the chief objections that malice is selfe could lay upon his majestie, with a full answer to every particular objection : also a tract intituled, christvs dei : wherein is proved that our soveraign lord the king is not onely major singulis, but major universis. morton, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the necessity of christian subjection demonstrated, and proved by the doctrine of christ, and the apostles, the practice of primitive christians, the rules of religion, cases of conscience, and consent of latter orthodox divines, that the power of the king is not of humane, but of divine right, and that god onely is the efficient cause thereof : whereunto is added, an appendix of all the chief objections that malice is selfe could lay upon his majestie, with a full answer to every particular objection : also a tract intituled, christvs dei : wherein is proved that our soveraign lord the king is not onely major singulis, but major universis. morton, thomas, - . [ ], p. [s.n.], oxford : . includes bibliographical references. imperfect: the appendix and "christus dei" are lacking in filmed copy. not the same as m at reel : ; this is a defective copy of m . cf. wing ( nd ed.). reproduction of original in huntington library. eng divine right of kings. a r (wing m ). civilwar no the necessity of christian subiection. demonstrated, and proved by the doctrine of christ, and the apostles; the practice of primitive chris morton, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the necessity of christian subjection . demonstrated , and proved by the doctrine of christ , and the apostles ; the practice of primitive christians , the rules of religion , cases of conscience , and consent of latter orthodox divines , that the power of the king is not of humane , but of divine right ; and that god onely is the efficient cause thereof . whereunto is added , an appendix of all the chief objections that malice it selfe could lay upon his majestie , with a full answer to every particular objection . also a tract intituled , christvs dei , wherein is proved that our soveraign lord the king is not onely major singulis , but major universis . pet. . . feare god , honour the king . oxford printed in the yeere . . the necessity of christian subjection . rom. . . wherefore ye must needs be subject , not onely for wrath , but also for conscience sake . would men but meditate , or were they perswaded of the truth of the prophets speech , ( sam. . . . ) behold to obey is better then sacrifice , & to hearken then the fat of rams ; for rebellion is as the sinne of witchcraft , and stubbornnesse is as iniquity and idolatry . ( were they i say perswaded of this truth ) there would not be so little hearkening to the commands of authority , nor so little obeying what they heare ; nor would men runne so fiercely into the fearefull sin of rebellion , onely to maintaine and justifie their owne sacrifice of fooles ; which is indeed no other then their foolish imaginations have devised , and their vaine thoughts have set up as an idoll to themselves . or were wee not fallen into those last and worst of times prophecied of by the apostle ( tim. . . . ) wherein men that make shew of godlinesse ( yea many that most shew of it ) have onely a shew , but deny the power of it , being proud , cursed speakers , disobedient to parents : proud indeed , when they dare exalt themselves against gods vicegerent ; cursed speakers , when they dare libell and slander prince and prelate ; disobedient to parents , naturall , ecclesiasticall , and politicall ; were we not i say fallen into such times , i should not need to urge the apostles inference , which the unseasonable sins of these seasons make so seasonable : [ wherefore ye must needs be subject , &c. ] in which words , infert conclusionem principaliter intentam , aq. wherein , concludit paraenesi● subjectionis ejusque necessitatem , rol. shewing that we must obey the magistrate , not onely for feare of punishment , but much more because that ( although the magistrate hath no power over the conscience of man , yet seeing he is gods minister ) he cannot be resisted by any good conscience , gen : notes , ex calv , & bez. in qua duas potissimum urget causas ob quas potestatibus necessariò obediendum , marlor . first their power to cause feare of wrath . secondly our conscience to obey gods ordinance ; in respect of both which we must be subject not onely for wrath , but also for conscience sake : wherein i shall consider these particulars . . the illation , [ wherefore , ] . the duty , [ subject ] . the necessity , [ must needs ] . the persons obliged , [ ye ] . the reasons perswading , and those twofold : . from feare of wrath , although [ not onely for wrath . ] . for conscience , [ but also for conscience sake . ] . the illation and inference in this word [ wherefore ] being a conclusion , wherein quod initio praeceperat de praestandâ magistratibus obedientiâ , nunc per modum collectionis repetit , sed cum expositione : calv. it will be convenient for conceiving fully the apostles meaning , and the force of his arguments , and the drift of this conclusion , that we reflict back as farre as the beginning of this chapter ; where ( besides those two mentioned , verse . . of . terror to the ill , which i reserve to be handled under that of wrath . . and reward to the good , which i referre to that of conscience . ) we shall finde foure reasons premised to inforce this conclusion , [ wherefore ye must needs be subject , &c. ] . first , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( v. . ) for there is no power but of god . how much soever we may perhaps dislike them , and how ill soever they may sometimes use their power ; as pilate did his , in crucifying him whom he should have loosed , and loosing him whom he should have crucified ; yet out saviour himself acknowledgeth , that even this abused power was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , given him from above ; ( ioh. . . ) for misery comes not out of the dust , neither doth affliction spring out of the earth : ( iob. . . ) but as omne bonum desuper , every good gift is from above , ( iam. . . ) so is there no evil in the city , and the lord hath not done it , ( amos . . ) ( i. e. ) ma●um poena , no evil of punishment . per me reges regnant , by me kings raigne , is the generall ground of the charter , both of good and evil princes , and nobles , and all the judges of the earth , ( prov. . . . ) he it is that raiseth unto david a righteous branch , a king who shal raigne & prosper , and execute judgement and justice upon the earth , in whose dayes the people shal be safe ; and he it is that gives an evil king in his anger , & takes a good king away in his wrath ▪ qui regnare facit hominem hypocritam propter peccata populi . ( iob. . . ) vulg. . so that whether they be good or evil , we must be subject , sithence there is no power but of god ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , lest we will be found fighters against god , whose power none is able to resist , whether it bee for protecting or for punishing ; [ wherefore we must needs be subject . ] . secondly , they are not onely not without god , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and so of him permissivè ; but they are the ordinance of god himself , and so of him positivè , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ordained of god ( v. . ) whereupon they worthily use in their stile , not onely permissione divinâ , or providentiâ divinâ , although those be good titles taken in a good sense ; ( yet they imply some intermediate meanes betwixt god and those who beare them : ) but princes write dei gratiâ : for by the grace of god ( no favour of man ) they are what they are ; so that i may say of their government , as saint paul said of his apostleship , it is not of man , nor by man , but by jesus christ , & god the father , for , cujus jussu homines nascuntar , hujus jussu & reges constituuntur ; apti his , qui in illo tempore ab ipsis regantur . ( iren. lib . cap. . ) which may be demonstratively evidenced , if we shall take a survey of the series , and succession of governours , from the first man that was placed upon the earth , whom we finde created with an intention to make him gods vicegerent ; ( gen. . . ) and at his very first setting foot upon the earth , actually invested with monarchicall government ; ( ver. . . ) that government being indeed the speciall forme , whereby he could resemble the image of god who is in heaven , as he made him upon earth the sole unequalled monarch , from whom alone quicquid est ab uno est , & est id quod est ; and therefore he is worthy to receive glory , and honour , and power , for of him , and for him , and through him are all things . nor was it his intention that hee should onely governe the beasts already created , but also he made him to be the monarch , and confirmed his authority lure naturali , potestate patriâ , over all mankinde , which should be propagated after him ; who as the angels and those of heaven , had their beginning from god by creation , and therefore were subject to him ; so all the armies upon earth were to deduce their off-spring from that one adam by generation , and so to owe to him subjection ; whereas had not god intended to have principality , depended onely upon his own institution and not upon the subordinate nobles ▪ nor the multitudes of popular election , it had beene as easie for him , to have created a company , a colony , a countrey , a nation , a world of men upon earth , with his own faciamus , as it was , and as he did , so many legions of angels in the heavens ; that so out of those choice colonies themselves might have made choice of a commander . but he , who found the heavens not free from mutiny , when he produced a multitude of inhabitants there , although all were his off-spring , would not give the least colour to contention , for superiority or equality , nor pretext of disobedience against his monarch upon earth , whilst he suffers no subject to be set by him but such as owed the subjection and duty of a sonne in descending from him ; thereby teaching all posterity , how the power of a prince over his subjects is , and ought to bee acknowledged , as naturall , as the power of a father is over his sonne ; yea and also thereby signifying , that as naturally there can bee but one father of one childe , so politiquely there should be but one prince and monarch of one people and nation . whereupon god did not create two men ( no nor eve , but out of the rib of adam ) that so from them all others should issue , and they might rule promiscuously , or that each of them should rule such as would make choice to be under his government , rather then under the others , ( although perhaps propagated of the other ) nor that the mightiest hunter , he , that could get most , should governe most , as afterwards it fell out in the degenerating dayes of nymrod . but he created onely one , thereby to intimate , how far monarchicall government is to be preferred before any other , aristocraticall , democraticall , oligarchicall , or the like . this and this alone of man on earth , being an idea or resemblance of gods government in heaven ; and we pray daily , that his will may bee done on earth as it is in heaven ; and how can it be so , if we reject or resist that forme of government ? as also , thereby he implies , that all other lormes of government are against the course of nature , different from the patterne of heaven , diverse from divine institution , and indeed punishments rather then blest governments , if they be compared with monarchie ; which made the wisest of kings affirme , that many princes are imposed for the transgression of a land , but that realme onely indures long which is ruled by one man of understanding and knowledge ( prov. . . ) which doctrine seemes to bee squared to gods own practice throughout all ages , whensoever he designed any government over his people the jews ( after they were taken notice of for his peculiar ) although for a long time he retained the royall supreame title of king to himselfe , ( during which time , he oft times immediately delivered his regall mandates by urim , thummim , visions , oracles , prophesies . &c. ) yet hee appointed one supreme vicegerent over them , and not many ( for as for the sanhedrim they were but as moses or the high priests privie councell , or as delegated judges because of the multiplicity of businesses ) one i say and not many , witnesse moses . yeares betwixt egypt and canaan , ioshua neere . yeeres settling them in canaan , after them iudah , after him othniell , then ehud , then shamgar , then deborah , then gideon , then tolah , then iair , then iephthah , then sampson , but never above one at one time . and how lamentable the times were when there was not one supreame , but the multitude tooke power into their own hands ; that hideous story of the licentious danites , and the ravished levites wife , and the revenge of one upon another may serve to astonish all posterity , and affright them from affecting anarchie ; yea & when god , afterthat he had in mercie looked upon their misery , sent them new judges , hely , and samuel successively , and they not therewith satisfied would have a king like other nations , he doth not set several kings over them , as ioshua found . over the land at their enterance , but hee appointed them onely one king ( sam. . . ) as being safest for his people , best resembling his government and most agreeable to his ordinance ; wherefore wee must needes bee subject to such form of government , for it is the ordinance of god . oh! how much therefore are those too blame who goe about to alter this forme of government , and to introduce a new deformed device of their own ambitious invention , wherein they are not agreed , whether they shall be stiled , . the states of england as some of their preachers ( forgetting the king in their praiers ) have sycophantically phrased them ; . or whether they shall be entituled , the perpetuall senate , or assessours of the kingdom , as some have endeavoured to derive their stile , as the impresse of a republick ; . or whether they shall be dignified with the princely attribute of gentlemen of the crowne of england ( to which should be annexed the power of electing their king although hereditary ) as some of themselves have ambitiously expressed their affectation in assimilation to that of poland ; onely to the end that themselves might be sharers in supremacy . a government which admitting a monarch whom yet they dare not deny , is neither monarchie , aristocracy , democracy , nor oligarchie ; and anarchie , i dare say , they would not have it intituled ; a government which if aristotle himself were to sit in councel at their close committees , he could not yet resolve what to cal it , a government never grounded on the ordinance of god , nor practised in any established common-weale . and what fearfull effects must necessarily follow it , besides , that it is to conjecture when men leave the fountaines of the living waters , and take themselves to cisterns of their own digging . it may also be apparent to any indifferent understanding who reads or heares the story of hen. . when there was an attempt of . assessours and a trayterous appointing les douze piers , far short of this confused insolency , what robberies , what rapes , what murthers , what burglaries , what extortions , what exactions followed , ( every one shrouding himself under that assessour , which he followed , yea and every one of the assessours after a little time , bandying himself against another , either for their own faction , or favouring of their followers ) is rather to be imagined then reported , yet those times too really felt it , and all must necessarily taste the like bitter fruit , who wil plant & nurse the tree of popular faction . and alas how foolish and fond of flitting ( to use king iames his scottish proverbe in another case ) are those people which will be bewitched to follow these many-headed hydra's , before the voice of the lambe , and never consider that old adage citius impletur unus saeceus , quàm plures ? hath there been so much paines bestowed in vaine , if it be in vain , ( as the apostle speaks in another case ) to bring this kingdome from an heptarchie to a monarchie ; that now one part of this island should be turned from a monarchiy to a roman decemvirate , a venetian senate , a low-countrey state , nay to the government without a name , god forbid : vi●●●ita fortior , but a kingdome divided cannot stand . i beseech you therefore brethren marke them diligently which cause divisions amongst you , and avoid them : ( rom. . . ) for those who at first cause divisions , in opinion , in doctrine , and in religion , wil at the length attempt divisions in government , in policie , in countries and kingdomes . let us in the feare of god consider with our selves , that if there be no power but of god , even the punishing and persecuting power , and if we must be subject even to that , lest we should fight against god , oh howmuch more then , where kings are nursing fathers , ought we to shew our subjection with all readinesse and chearfulnesse ? if saint paul inforce obedience to the prince with so many forcible arguments , when that tyrant nero ( who devoured christians like a lyon ) raigned and raged . oh how should we urge & presse this point , when a constantine , a patron of the church , and pattern of piety is our president in religious exercises , as well as president over us with righteous government : for certainely , [ they that resist , resist the ordinance of god ] which is the third reason whereupon our apostle grounds this inference , wherefore ye must needes be subject . for as in his church christ gave some to be apostles , some prophets , some evangelists , some pastors and teachers , for the gathering together of the saints , and for the worke of the ministery : so god in the common-weale appointed some to bee kings {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , most eminent and excellent above all other , some to be governours under them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sent by commission from them : amongst whom some are nobles , some judges , ( prov. . . ) some priests ( for those howsoever some conceive of them , were not incapable of government in the common-weale : ) yea , some things there are which could not be decided without them . ( deu. . . to . ) some are governours of cities , ( deut. , , . ) some rulers of thousands , some of hundreds , some of tens , ( exod. . , . ) and some live meerely in subjection , as the inferior poore servant , &c. whom aristotle that linceus of nature affirmeth , nature it selfe framed onely to that use ; and every man bound in conscience by the law of god to abide in that state wherein god hath placed him , and to be contented , with his vocation , degree , and calling , ( cor. . , , . ) unlesse hee will bee as guilty of confusion in the body politique , or ecclesiasticall , as the members should bee in the body naturall , if one should strive to usurpe anothers place ; the foote the head , the eare the eye ; and unlesse we will be as guilty in resisting the ordinance of god , as they should bee of deferming the act of his creation . submit your selves therefore to all manner of ordinance of man for the lords sake , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , take that which is thine own and goe thy way . if thou beest a ruler , do it with diligence : if an officer , wait on thy office : if a teacher , attend to teaching : if but a servant , doe that without slothfulnesse , ( rom. . . to . ) if a judge , be learned , ( psal. . . ) yea , and upright too , ( psal. . . ) if thou art to be judged , be obedient , or else thou must be cut off , both for thine owne sin , and also for others example . nor must thou be obedient onely when superiours be good and courteous , but even when they are cruel and froward : nor onely when they punish thee justly for ill doing , but even when thou sufferest wrongfully , yet must thou endure for conscience sake , ( pet. . , . ) which the apostle confirmes by the example of our saviour christ , to ( vers. . ) who when he suffered resisted not , no nor so much as threatned , ( vers. . ) although he could have had more then twelve legions of angels , ( mat. . . ) teaching us , that we must not resist authority , although unjustly oppressing : ( muchlesse iustly ruling although punishing . ) first , neither offending it , ( mat. . ) secondly nor defending our selves against it , ( mat. . . ) what specious pretences soever we may make for it . for who might have pretended fairer in that kinde , than the primitive christians against idolatrous persecutors ? yet they professe , that arma sunt preces & lachrimae ; so that nemo nostrum quando apprehenditur reluctatur ; nec se adversus injustam violentiam vestrum , quamvis nimius , & copiosus noster sit populus , ulciscitur : cyprian . who might have pretended more rightly the defence of himself , of his fellow disciples , of his master , yea of religion , that saint peter ? yet heare our saviours mandate and his menace , his mandate : [ put up thy sword into thy sheath : ] his menace , [ for all they which strike with the sword , shall perish with the sword . ] [ all ] whosoever clergie or laity , strike against authority , or without the licence of it , in what case soever without exception of , se defendendo , or a maintenance of a covenant , or . defence of religion . and what manner of christians those men are who dare resist their rightfull , righteous , religious sovereigne : or what manner of religion that is , which they pretend gives priviledge to such rebellious practises , i leave to every good christian to consider : onely give me leave to tell you , sure i am , it is not such as was known to primitive christians : it is not such as was allowed by our saviour to his apostles , nor is it such as the apostles taught the people of their times : for they without any cloake , sub moderamine inculpatae tutelae ( which indeed never can be by arms but onely by laws ) howsoever pontificians and consistorians conspire : as buchanan laboured to beguile his nation , and some of our countrey-men have beguiled themselves , and jesuites would have beguiled the whole world , and without any distinction so offensive and defensive disobedience , the apostles taught the church of god , that he which resists , ( be it how it will ) resists the ordinance of god . [ and he that resists purchaseth to himself damnation . ] which is the fourth reason to inforce this [ wherefore , &c. ] and beares a threefold reading , . iudicium , judgement : tremel . . condemnationem , condemnation : beza & tompson . . damnationem , damnation : vulgar & kings bible . all which are but the graduations of the punishments , implied by the originall , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; for not onely {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( matth. . . ) they shall be in danger of the judgement of censure and condemnation of the censorious : although this be a punishment which an ingenious spirit would willingly escape , which made david pray , ( psal. . . ) let me not be made a rebuke unto the foolish , whilest they censure , reprove , condemne my actions in their assemblies , much more a man that is shot through the head with popularity , as his majestie saith of the then revolted rolloc , as indeed all factious persons in church and common-weale are , especially if they aspire by , or adhere to the popular faction ; for such , like the camelion , which turnes to all colours save white , lives onely by the aire , and delights rather in breath then other , ac si mallet coctam quam crudam ; so they who apply to popularity , and suit themselves to all company , saving the innocent , can live no longer ( at least not with delight ) then they sucke the breath of applause from the multitude . but behold , not onely those which sit in the gate ( the rulers ) speak against such disobedient persons , but if they escape the songs of the drunkards ( who perhaps may whoop on their sides ) yet shall very babes and sucklings chant their disloyalty , and the vipers tongue shall slay them , ( iob. . . ) thus an evil condemnation shall fall upon them , whereby their name shall rot , and their memoriall shall stinck , even {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , under the censure of those who are as censorious as themselves : nor onely so , but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they shall receive judgement , and condemnation : . both judgement before the tribunall of men , where the sentence of guiltinesse shall proceed against them ; and when sentence is given upon them , they shall be condemned , for such ungodly persons shall not be able to stand in judgement , neither these sinners in the congregation of the righteous . . and also they shall receive condemnation from the justice of god , who stands in the congregation of princes , ( as to survey , so to assist ) and is a judge amongst the earthly gods , yea even of those whom they sometimes cannot come by to judge according to their deservings ; who when he shal arise ( as he will arise ) to judge the earth , he will recompence such wicked persons after their deservings ; he will reprove them , and set before them , even in order , the things that they have done : as first their pride , next their covetousnesse to maintaine it , after that their rebellion to declare it , then their hypocrisie and counterfeiting religion to vaile and defend it , & at the length he will bring death hastily upon them , and they shall go down into hell , sithence such wickednesse is in their dwellings and amongst them ; and is not this a fearefull judgement and condemnation ? so fearefull , as what can be conceived to be added ? and yet behold , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the judgment , condemnation , yea , damnation of an accusing conscience shall consummate their misery , even such as drave iudas to be his own executioner upon earth ; this shall do continuall execution of gods just judgement upon them in hell , by that worme that never dies , and that fire which never shall be quenched , where their rebellious carkasses shall be an abhorring to all flesh ; wherefore for the escaping such fearfull . . judgement . . condemnation , . damnation here , and hereafter from god and man ; we must needs be subject . . [ subject ] which is the duty ; that as the devil overcame man by his disobedience to god , so man may return to god and overcome the devil , by obedience to man for the lords sake . christianity is a schoole of humnity , and we must not look every one upon our own excellencies , but upon other mens ; having the same minde in us , which was in christ jesus , in giving ( not in taking ) honour , preferring one before another , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , humbling our selves as little children ; as they submit to their parents , so must we be subject to our prince , for he is the person to whom principally the apostle presseth this subjection ; as aquin. dion . carth. bruno . and claud. glosse it . the subjection to others being for his sake , as the subjection to him is for the lords sake ; which that we may performe aright , let us consider these three particulars : . qualibus , to what manner of princes we must be subject . . in quibus , in what things we must be subject . . quomodo , how we must expresse our subjection . . qualibus , to what manner of princes we must be subject . as the apostle injoynes servants concerning obedience to their masters , so say i to subjects concerning their soveraignes ; let as many as are under the yoke count their governours worthy of all honour , ( sive fideles , sive infideles , whether they be gentle , or whether they be cruell ) that the name of god and his doctrine be not ill spoken of : . and if they be believing , let us not despise them because they are faithfull and beloved , and partakers of the benefit , to wit redemption . . or if they be unbelievers , let us not rebell , nor resist them ; because although , . quidam illorum dantur ad timorem & poenam , & increpationem , some of them are sent meerely for a terrour and a punishment . . yea , quidam ad illusionem & contumeliam , & superbiam ; some of them set up themselves in pride , meerely to contemne , and scorne , and scofte at their subjects , as the persecuting emperours did , when they exposed the christians naked to fight with beasts and beastly heathens . . aswell as quidam ad correctionem & utilitatem subjectorum , & conservationem iustitiae ; for a fatherly reformation of offendors , a loveing protection of the obedient , and the preservation of justice for both : yet we must consider and confesse , that ad utilitatem gentilium terrenum regnum positum est à deo , non à diab●lo , qui nunquam omnino quietus est ; imo qui nec ipsas quidem gentes vult in tranquill● agere , ut timentes regnum humanum : earthly kingdomes are erected by god , not by the divel , who as he is never quiet himself , so would he not have the people live in peace , ( as appeares by his late practices ) which government is the meanes to procure and preserve , preventing men from devouring those that are more righteous then themselves : and for being like the fishes of the sea , or the creeping things who have no ruler over them : for , per legum positiones repercutiant multiplicem gentilium injustitiam , kings and princes by their laws restraine and bridle the fury and violence of our naturall corruptions : yea , and the worst of princes is never worse then quemadmodum populi digni sunt dei justo judicio in omnibus aliqualiter superveniente : iren. l. . c. . such as the people have provoked god to set to afflict them , whose just judgement alwayes interposeth it self in such weighty cases . although sometimes we know it not , oft-times we will not acknowledge it : which being so , may oblige every one of us to be subject to all powers , of all qualities , conditions , dispositions , tempers , religions , under whom the lord hath placed us : sive . nutriciis , sive . hypocritis , sive . . haeroticis , sive . tyrannis : whether they be noursing fathers , for whom we must praise god : or dissembling hypocrites , or obstinate heretickes , or bloudy tyrants , for all which we must pray to god : whatsoever sanders , allen , stapleton , parsons , mariana , boucherius , santarellus , &c. on the romish part : and knoxe , buchanan , gilbey , goodman , and daneus , on the other extreame have formerly taught , calderwood hath followed , and some too fiery spirits of late have seditiously and scandalously put in practice , of whom i may say in the apostles language , if any man teach otherwise ( then what i have affirmed ) he consenteth not to the wholsome words of our lord jesus christ , and to the doctrine which is according to godlinesse : but is puffed up & knoweth nothing as he ought to know , but doateth about questions and strife of words , whereof commeth envy , strife , railings , evil surmiseings , froward disputations of men of corrupt mindes , and destitute of the truth , which think that gaine is godlinesse , ( howsoever they pretend godlinesse rather then gaine ) from such separate thy selfe : for howsoever we must performe active obedience to such princes onely so far as lawfully we may , calv. bez. marl. roloc. g●●●v . usque a●ara● , so long as cum deo non comparabuntur , they are not set in competition with god : tertul. yet we must performe passive obedience and absolute subjection , suffering without resistance , being subject without rebellion , even if they should command the most unjust superstitious , idolatrous , prophane , or irreligious things which can be imagined ; yet i say we must not rebell , unlesse we will renounce christianity , but we must let this be probatio subjectionis , the touch-stone of our subjection , even our patient and constant sufferings : for , quae passos apostolos scimus manifesta est doctrina , the truth of this doctrine is sealed by the apostles sufferings , who indured of heathen princes , and for not renouncing christianity , carceres , vincula , flagella , saxa , gladios , impetus iudaeorum , coetus nationum , & tribunorum elogia , & regum auditeria , & proconsulum tribunalia , & caesaris nomen interpretem non habent : imprisonment , bonds , stripes , stoning , wounds , violence of the jews , conventing before the gentiles , questioning in the courts of tribunes , examinations and answers before kings , arraignments at the tribunals of proconsuls , yea and could not find an appeale to the emperour , any protection for their innocencie ; yet they not onely submitted themselves , and possessed their own soules with patience , but also taught all pious people so to doe ; as here our apostle makes it apparent , and ( titus . , . ) presseth it to all posterity : put them in remembrance ( for indeed we are too apt to forget ) that they be subject to the principalities & powers , and that they be obedient , & ready to every good work ; that they speak evill of no man , ( much lesse of princes and prelates , as some of late have done ) that they be no fighters , ( much lesse armed rebels ) but soft , lowly , gentle , shewing all meeknesse to all men , much more to rulers ; yea , and such effect did this doctrine produce , that sanguis martyrem semen ecclesiae , cypr. the blood of the martyrs was the seed of the church . the bloud , not the sword , that were too turkish . and however , circa majestatem imperatoris infamemur , tert. ad scap. l. . they were slandred as disloyall to the emperour ; yet , nunquam albiniani , vel nigriani , vel cassiani inveniri potuerunt christiani : never any nigrian , who made religion the stalking-horse for rebellion ; nor never any cassian who assaulted his soveraign by assassination , could be found amongst the christians : christianus nullus est hostis nimirum imperatoris , quem sciens à deo suo constit●i , necesse est ut & ipsum diligat , & rever●atur , & honoret ▪ & salvam velit , cum toto romano imperio , quousque seculum stabit , tam diu enim stabit : colimus ergo imperaborem , sic quomodo & nobis licet , & ipsi expedit , ut hominem à deo secundum , & quicquid est à deo consecutum , & solo deo minorem : for no true christian can be an enemie to his king or emperour , whom he knows to be placed over him by god , and therefore upon necessity must love him , reverence him , honour him , pray for him , and desire and indeavour his safety as the safety of the kingdome ; as being next to god , lesser onely then god , and endowed with the power which he hath from god , over all the men in his dominions . hereupon was it that the christians fought so many valiant battels , and obtained so many glorious victories , even for heathen and persecuting emperours , yea even for iulian the apostata himselfe : but never did they fight any battel , pitched any field , arrayed any army , armed any legions , or so much as entred into consultation against their emperour . and thus you see , qualibus , to what manner of princes we must be subject . and i think all will willingly conclude , si parendum est magistratui prophane , certè multo magis obedire oportet sancto & christiano , bez. if heathens were thus obeyed , much more should christians ; if persecuting , much more pious princes , such as our gracious soveraigne , whose clemencie may challenge our love , as wel as his power command our duty , whom god preserve , and prosper long over us in honour and felicity , and give us the grace and gratitude to be subject , not onely for feare , but even for conscience sake . and so i come to consider . in quibus ? in what things we must be subject ? wherein the true stating of the question is much differenced from the mistaken and mistaking tenents of many of these times , who conceive and would beare the world in hand . . that they are bound no further to subjection , then with a rightly regulated conscience , they may performe active obedience to all their superiours edicts and commands . . that they are not bound to active obedience , where they have a doubting conscience , although not fully informed by the right rule of reason , or expresse authority of gods word . . that the supreame magistrate , must have expresse affirmative warrant in the word of god for all his injunctions , or else the subject needs not obey them . whereas the truth is , . concerning the first , that although active obedience binds onely in the lord , yet absolute subjection is due without any resistance for the lords sake , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to humane ordinances ( pet. . . ) even when man ordaines ; not the load ( cor. . . ) yet such a man as is ordained of the lord , and so presumed to ordain according to the lord , wee may not in any wise resist . . and as concerning the second , although when man is left to his own liberty , the rule is to be observed , quod dubitas ne feceris , because he that doubteth is condemned of his own conscience , yet when we are commanded by authority , and wee onely doubt in our selves whether that bee good and lawfull which is comanded , or not , the rule of saint augustine must be observed si dubitas feceris , if you onely doubt doe it , except you have expresse warrant out of gods word , or the analogie of faith , and undeniable necessary consequence to the contrary ; authority must turne the scale of thy doubting conscience , and weigh downe thy judgement to active obedience , so that . the magistrate is not bound to expresse text for warrant of each of his particular edicts ; it is sufficient that it is contained in his generall commission dixi dii estis , i have said ye are gods . ( psal. . . ) and therefore have committed my delegated power to you , per me reges regnant , by me kings raigne ( pro. . . ) and therefore by my authority may lay injunctions upon their subjects , and they are obliged to active obedience , except they can produce a negative act of parliament out of the high court of heaven ; for princes are not onely instead of god by representation ( exodus . . ) but they have the power of god over those to whom they have commission ( exod. . . ) i have made thee pharoahs god , yea and put case the subject could produce a contradictory command of god to that of his king , yet is not his passive obedience dispensed withall , nor any part of his absolute subjection dissolved or cancelled , but wee must needs be subject , ( at least by suffering if not by doing ) in all things , even against the dictate of a doubting , yea , or a discerning conscience . . but then in the next place it remains to be resolved by what meanes , or in what manner this subjection is to be expressed , which must be by these seven meanes following ; where there are not iura regni by mutuall consent of prince and people to supersede them , or dispence with any of them . . first by praying for them ( tim. . . . . ) i exhort therefore that first of all , supplications , prayers , intercessions , and giving of thankes , be made for all men , for kings and all that are in authority , that we may lead a quiet and peaceable life in all godlinesse and honesty , for this is good and acceptable in the sight of god our saviour , who wil have all men to be saved , and to come unto the knowledg of the truth . where observe we must pray , . to the end that we may live godly and peaceably , when we did not live so before : . that they may come to the knowledge of the truth , when they knew it not before : . and that they may be saved , when they were not in that state before . none so bad then , to and for whom we are not to expresse our subjection by this duty . . secondly , we must speake no evill of them ; ( exod. . . ) thou shalt not revile the gods , nor curse the ruler of the people . is it fit to say to a king , thou art wicked ; and to priuces ye are ungodly ? ( iob. . . ) no certainly , nothing lesse , and therefore follow the counsel of m●rtialis , who lived in the primitive times , learned of the apostles , and taught to succession a murmuratione custodite corda vestra ; keepe not onely your hands from mutiny , and your tongues from muttering , but even your hearts from repining . . thirdly , we must not dispute their commands , for where the word of a king is , there is power , and who may say unto him , what doest thou ? ( eccles. . . ) ( i. e. ) not publikely and illegally to raise opposition against him , onely we may privately informe our own judgement , to prepare as peaceably either for active obedience or for martyrdome . . fourthly , we must expresse our subjection by doing all their commands which are not directly against god , resolving with the israelites , all that thou commandest us we wil do , and whithersoever thou sendest us we will goe , onely the lord thy god be with thee . fiftly , we must expresse it by suffering all punishments patiently without any resistance ; for those things which we dare not do when they command them , because they appeare ( not seem ) to be directly against god , ( as hath been before demonstrated ; ) imitating s. chrysostome , ( epist. ad cyriacum ) cum à civitate fugarer , dicebam intra meipsum , si quidem vult regina me exulem agere , agat in exilium ; domini est terra & plenitudo ejus ; & si vult secare , secet ; idem passus est isaias , &c. et si substantiam auferre , auferat nudus exivi ex utero matris meae , nudus etiam revertar ; if the queene will have me go into banishment , let her banish me ; the earth is the lords , and all that therein is . if she will have me sawen in sunder , i submit my self ; isaias suffered so before me . if she will confiscate my goods , i am contented ; naked came i out of my mothers wombe , and naked must i returne again . behold , this must be the patience of the saints . sixtly , by supplying meanes , ad necessaria secundum statûs sui conditionem ; lyr. paying due tribute to our princes ; for this is the manner , quomodo velit te subjici protestatibus , redere jubens cui tributum , tributum : cui vectigal , vectigal ; ( i.e. ) quae sunt caesaris , caesari , & quae dei deo. tertul. which tribute must be paid without limitation of the quantity before , or accompt of the disposing of it after payment , gloss. ordinar , if calvin understand it aright , ( which i dare not assure , nor will i dispute ) for ▪ neque nostrum est vel principibus praescribere , quantum in res singulas impendant , vel eos ad calculum vocare : we have no power to prescribe to princes what they shall expend upon occasions , nor to call them to accompt for their imployment of what is expended which i conceive to be intended where there are not pacta inter principem & populum : nor fundamentall lawes of the land to the contrary . seaventhly , we must expresse our subjection by guarding of the princes person , fighting for him upon occasion , and sparing him from going out with us to battell , lest he should quench the light of israel , ( sam. . . ) and what kind of consciences those men have , who can let their leige lord go out to battell without them , ( they being required ) or who can leave him in his tents in the field , when they return to their own houses , i leave both to men experienced in the word , and practiced in the sword to consider : and so proceed . . to the third part of my text , which is the necessity of this duty of subjection , implyed in these words [ must needs . ] must is for the king , and so it is indeed : and so is this : and therefore implies a double duty by these two words [ must ] and [ needs ] termes of double necessity ; dominus opus habet , our lord the king , the lord of us and all we have hath need , and who will not then let all go presently ? he must have it : in case of true absolute , imminent necessity , to save our selves and the publique , according to the laws of the land . the supporting of his state is that vnum necessarium for our safeties , and the safety of the whole kingdom ; and therefore the apostle doth not onely say , . it is convenient that we be subject ( i.e. ) for ornament sake . . or it is fit that we be subject ( i.e. ) for order sake . . or it is profitable that we be subject ( i.e. ) for providence and discretion sake . . or it is contenting that we may be subject ( i.e. ) for peace and quiet sake . . but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it is necessary obligationes juris & propter vim coactivam superioris , viz. quia tenemini & potestis ad hoc compelli ad profitendam veram subjectionem . [ we must needs be subject ] for absolute necessity sake : necessitate salutis , aq. even for the necessity of our salvation in heaven , and of our safety upon earth . what is it but subjection which continues the blessed harmony in heaven amongst the angels ? what is it but rebellion which bred that confusion in hell amongst the damned spirits ? what is it but subjection which can continue peace , plenty , piety , order , and unanimity amongst men upon earth , whereas rebellion brings forth war , waste , wickednesse , confusion ; desolation , and destruction : wherefore for avoiding these , and preserving those , we must needs be subject . and so i come . to the persons obliged , which is the fourth thing proposed in my text , in this word [ ye ] {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , theoph. and so saint chrysostome before him , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . with whom consent theodoret and oecumenius amongst the greeks , and greg. mag. and s. bernard amongst the latines , expresse themselves both in opinion and phrase to the selfe same purpose ; we the clegy , ye the laity ; we the priests , ye the people ; or ye the mighty peeres , we the many multitude . . for neither are peers excepted and reserved like the lacedemonian ephori , romane tribunes , or athenian demarchi , to restraine the insolencies or exorbitances of princes oppressions . . nor are the priests exempted like the roman hierarchie , to be insolent and exorbitant in the common-weale . . nor are the people priviledged ( as is pretended by some schismaticall demagogi ) to carry all by force of their collective body ; but we and ye , . peers , . priests , . people , must all needs be subject : and that . [ not onely for feare , but even for conscience sake . ] which is the last member proposed for prosecution . [ not onely for feare ] and yet we must be subject for feare too , which , cogit vel invitos , marlorat . compels those that have no conscience ; imo & possunt potestates etiam sine causa irasci , hieron. and yet we must feare and be subject too ( though they oppresse our tender conscience ) for feare of punishment from god , and from the prince . . from god , who will not suffer his ordinance to be contemned ; non enim privati est hominis abrogare imperium ei quem dominus cum potestate nobis praefecit . calv. . from the prince ; for , vltionem reposcere possunt magistratus ob dignitatis suae contemptum . idem . they may justly avenge the contempt of their authority , . either by their laws , by which in legum transgressores & inobedientes severiter animadvertunt : marlorat . or else by armes ; for , portat gladium , he bears the sword , ( vers. . ) and if he draw it against schismatiques , heretiques , or rebellious persons , magistratus justè punit gladio , aug. they must not cast off feare , and incourage themselves and their company against his commands , as if resisting for the cause of god ( as they pretend ) they were to be accounted martyrs ; for they are no more capable of martyrdome , dying in contempt of lawfull magistracie , then the idol priests , or the devils themselves were by the subversion of their temples , or ceasing of their oracles , by vertue of our saviours incarnation ; or by the command of the emperour , converted to christianity : aug. ubi supra . but on the contrary it may be verified , that they who under the royall command of a rightfull king , obediently , conscionably , zealously , and couragiously fight against a schismaticall , or hereticall rebellious people , ( who make religion the pretext for rebellion ) if they die , they dye martyrs , if they live , they live confessors : and therefore we must feare even the princes sword . that i may not insist upon losse of favour , friends , honour , credit , and the like ; although a wise man will consider even in this , that the indignation of a king is as the roaring of a lion ; and if this lion roare , who can but be afraid ? for he that provoketh him to anger , sins against his owne soule ; and what then shall become of his body ? or if any be so fool-hardy as not to feare , yet must he be subject neverthelesse , not onely for feare , [ but even for conscience sake . ] non solùm , quia resistere potentioribus & armatis impunè non liceret , quemadmodum tolerari solent injuriae quae propulsari nequeunt : sed sponte docet obeundam hanc submissionem , ad quam verbo dei obstringitur conscientia : cal. not onely because they are armed and can over-master us , for so men suffer injuries from private men , because they cannot withstand them : but the apostle teacheth , that a christian is bound to subjection to his soveraigne by the word of god ; and the tye of conscience more firme and close , then by a souldiers belt , or jaylors boles and manacles : so that , etiamsi certò constaret nos manus illorum ( alioqui valde longas ) posse effugere : marlorat . although we were assured that we could scape their reach , or oppose their power : yea , etiamsi exarmatus esset magistratus quem impune lacescere , & contemnere liceret , nihilo magis id tentandum quàm si poenam statim imminere cerneremus . although the magistrate had neither armes , nor armies , so that men might provoke and contemne his power in respect of punishment , must we not presume to neglect him any more , then if we did see armes and armies , racks and gibbets , and all engines for execution prepared before us : quia nisi omnino subjiciamini principi polluta esset conscientia vestra obvians divinae ordinetioni , bruno . because unlesse we be absolutely subject to our prince ( pretend what purity we will ) our conscience is defiled , and every step wee march against him , we set our selves in battell array against the ordinance of god : and indeede i cannot but wonder what hard hearts and cauterized consciences those men have , who doe not presently smite themselves , and their hearts die within them like nabals when they find themselves guilty of subtracting subjection from their prince , ( a greater ingratitude then which cannot be excogitated , and ingratitude is one of the greatest sinnes ; ) for subjects are obliged . . by the rule of right reason , to obey him , without whom we cannot be safe ; but without the king the common-weale cannot bee safe , nomore then a ship without a pilot in a stormy ocean ; and therefore by the rule of right reason we must obey him . . by naturall equity , which bindes to do good to them which do good to us , but kings and princes do good to us , for by their meanes we obtaine great quietnesse , and by their providence many worthy things are done to our nation : by them we receive honour , enjoy riches , peace , plenty , and freely professe and practice piety : and therefore even for naturall equity , we must needs be subject , which is the least good we can doe to them . . by morall civility we are bound to be subject to him who protects us : but kings and princes protect us from evill doers , who would violently take away our lives , insolently usurpe our lands , prodigally mispend our goods , laciviously deflowr ' and ravish our wives , & mercilesly slave our children , yea , they are the protectors and defenders of our faith , and therefore we are bound at least not to rebell sithence all these mischiefes have been , are , & will be the effects of such disobedience , from which good lord deliver us . . by christian religion and conscience , which enjoyns , that we must not resist the ordinance of god : but kings and princes are the ordinance of god , and therefore we must not resist them . vers. , . and doe . right reason , . naturall equity , . morall civility , . christian religion and conscience oblige us to subjection ? oh then take heed , and never trust any ( though never so faire professors ) who pretend conscience to countenance disobedience , at least to cast off subjection , as it is hard to disobey and not to rebel . yet such alwayes have been the faire pretence of the foulest practises . thus the colour of the common good to free the people from subsidies , taxes , and oppressions ( which then seemed by their governours to lye upon them ) led the people of the iews , yea and some romans too , to follow theudas , iudas of galile , catiline , and their companions . thus the rebels of elder times in this island , christned their insurrections , the army of god & the holy church , making religion the patronesse of their impiety . iack straw , iack cade , wat tyler , fryer ball , alias wall , and such others , made . the oppression of the commons , . the insolencie of the nobility , . the covetousnesse of the priests , and the inequality of men of equall merit , the vail of all their violence and villany . thus the rebellion in the nortb , lincolnshire , and norfolke , were raised under pretence of . reforming religion , . freedome of conscience , and . bettering the common-weale , yea , and they are alwayes masked under the vizard of , . pro lege , . pro grege , . pro rege ; whereas indeed they are against the king , break the laws ; and make spoile of the people , as iosephus relates the story of the rebellious iews , pretending onely against florus harsh , unjust , and cruell usage , and not against the romanes : but as king agrippa cleares it by his remonstrance , they did but onely say so ; for their actions were such as worse could not have beene done by the greatest enemies of the romane empire , for they sacked the townes , robbed the treasuries , burnt the houses , wasted the fields ; neither were they the townes , the treasuries , the houses , the fields of florus , but of the roman empire . i will not make application , but sithence these things have ever been so , i will onely conclude with solomons admonition : my son , feare god and the king , and meddle not with them that are seditious ; for suddenly shall their destruction come , and who knoweth the ruine of them ? yet certaine it is that ruined they shall be , and perhaps when themselves least suspect it , suddenly as with the arrow of lightning shot from the bow of god , which may serve as a corollary to our apostles premises to inforce this conclusion , [ wherefore ye must needs be subject , not onely for wrath , but even for conscience sake . ] which god grant us all grace to be , for jesus christs sake , the patterne and patron of perfect obedience ; to whom with the father and the holy ghost , be all honour , glory , power , might , majesty , and dominion , from this time forth for evermore . amen . fjnjs . notes, typically marginal, from the original text notes for div a e- eccle. . . olympio . dor . in loc. his majesties large declaration , p. . . . . . &c. aquin. lyr. calv. bez. marlor . rolloc . jo. . . matth. . . august . de civitat . dei , l. . c. . jer. . , . hos. . . act. . . citat . gal. . . boet. de unit . & uno . apoc. . . rom. . . theophil . l. . chrysost. ho● . . in cor. apoc. . theophil . chrysost. ubi supr. gen . , . dan. aphoris . polit. p. . . marth. . . sam. . judg. c. c. . judg. , & . sam. . josh. . speed h. . p. . ex . mat. west monast . martin . h. . p. , , , , , . vpon the lords prayer . mat. . . esay . . tim. . . ephes. . , . pet. . . ver. . exod. . . heb. . . polit. l. . c. . . cor. . . to . pet. . . to . mat. . . deut. . . to . ambros. aug. l. . cont. faust , c. . his majesties proclamation and declaration , &c. larger declaration . p. . . ps. . . prov. . ps. . . ps. . . ps. . . ps. . . vers. . ps. . . ps. . . matth. . , , . esay . . matth. . , . philip . . vers. . to . rom. . . matth. . . tim. . , . hab. . . . . tim. . , , . scorpias . act. . . gloss. interlin . tertul. ubi supr. his majesties declaration ubi supra . in matth. . . ephes. . . rom. . . ambros. to . . epis. l. . orat. li. tit. . , . citat . josh. . , . apoc. . . calv. in ver. . sam. . , . et . . sam. . sam. . . matth. . . luke . . dion : carth : calv. inst. l. . c. . buchan . theophylact . lombard . lib. . & parmon . c. . prov. . . amos ▪ . ambros. theophylact . calv. sam. . . act. . . iosep. antiq. iudai . l. . c. . & l. . c . salust conjurat . catilin . speed . hollinshed rich. . p. . grafton p. , . l. . de bello iudaic . c. . naucler . prov. . , . royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. [ ], p. s.n., [london : ] t.p. is engraved. place of publication from wing. annotation on thomason copy: "july th ". imperfect: heavy foxing in places, affecting text. reproduction of the original in the british library. eng prerogative, royal -- early works to . divine right of kings -- early works to . executive power -- early works to . kings and rulers -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings.: abstracted out o grosse, robert, d.d. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ד ה ד ח ד royalty per me reges regnant quam bonum est conuenire regem & populum conuenire loyalty subdite estate potestati superem 〈…〉 royalty and loyalty or a short survey of the power of kings over their subjects : and the duty of subjects to their kings . abstracted out of ancient and later writers , for the better composeing of these present distempers : and humbly presented to ye consideration of his ●ma . tie and both howses of parliament , for the more speedy effecting of a pacification . by ro grosse 〈…〉 by gods comand wee rule this land . wee are all yours and what is ours . chap. . the kings royaltie : or the power of kings over their svbiects . at the first , there was no distinction , or difference of men ; one man was as good as another : but afterwards , some excelling others in desert , were preferred before others in place . nature , saith gregorie , did produce all men alike : but the order of their ments varying , occult dispensation did prefer some before others . but this distinction , which happened from sin , is rightly ordered by the just judgement of god , that , because all men doe not goe the same course of life , one man should be governed by another . st. augustine saith , that god would not that man , a rationall creature , made after his owne image , should domineere over any but irrationall creatures ; not man over man , but man over beasts . hence it was that those first just men , were constituted rather pastors of sheepe , than governours of men : that even so , god might insinuate both what the order of the creatures did require , and what the merit of sinne had deserved . if men had continued in their first integrity and state of innocencie , there had beene no use of emperours , or commanders : every man would have seemed a king unto himselfe ; nor would he have had any other law-giver , than god and nature . but when this could not be obtained , and the perversenesse of degenerous man-kind grew such , as that breaking the bonds of all lawes , they left nothing unattempted , which did not tend to the height of impiety , there was a great necessity of magistrates ; without whose prudence , and diligence , a city could not then consist ; and by whose description and putting men into order , the government of each common-wealth is still continued , and preserved . hence came the command of man over men : without which , as cicero saith , neither house , nor city , nor nation , nor mankind , nor the nature of things , nor the world it selfe can subsist . for to governe , and be governed , is not onely ( according to aristotle ) amongst those things that are necessary , but those things that are profitable . and to use st. chrysostoms words , in our dialect : if you take away judiciall tribunals , you take away all order of life : for , as a ship cannot but miscarry without a pilot ; and an army cannot march in due number , or decent order , without a captain : so , without a governour , a city cannot be well ordered ; and without a king , a kingdome must needs come to ruine . if you take a king from his command , or authority from a king , we shall live a more beastly life , than irrationall creatures : some biting and devouring others ; he that is rich , him that is poore ; he that is strong , him that is weaker ; he that is fierce , him that is milder ; so farre , and to this purpose , the golden-mouthed chrysostome . with whom , is agreeable that of the scriptures , in those dayes there was no king in jsraell : and what follows ? every one did that which was right in his own eies , iud. . . so that , as tacitus hath it , it is better to be under an evil prince , than under none . the tragoedian tels us , that there is no greater evill than anarchie : it brings all things to confusion ; it ruines cities ; layes waste houses ; overthrows armies : but the submissive and due obedience of true subjects , doth preserve both life and fortunes . an empire now being constituted amongst men , it must needs be that one , or more , must have the preheminence : the former is called a monarchie , or a kingdome ; the latter an optimacie , or state of the people . a kingdome then , which is most proper to us , is the command , or soverainty of one man , for the good of all . i will not dwell long in describing the causes of it : i would they were as well observed , as they are knowne ; or better knowne , that they might be the better observed . all power over the creature , is originally in god the creator : but out of his goodnesse to mankind , communicated to man above all others . so that god is the onely author , and efficient cause , as of things , so of kings : for however there are divers wayes to attaine to the princely scepter ; as some have mounted the imperiall throne by force and armes ; others by the command of god , have been designed kings , as david , hazael , jehu , and others , of which you may reade in the holy scriptures ; others have been elected princes by the suffrages of the people ; and others borne in purple , by hereditary right , to a kingdome : yet it is most certaine , that whether by these , or any other wayes , men doe ascend the chaire of state , they have their power , whatsoever it is , solely from god ; and ought to use it to the glory of god , and the good of their subjects . seneca tells us , that nature at first did invent a king : which is to be seen both in animals , and in inanimates : for the bees , cranes , and other living creatures , have their kings or commanders : so among foure-footed beasts , the lyon ; and amongst birds , the eagles doe excell . in inanimates likewise the same is evident ; the sun amongst the stars , the fire amongst the elements , sight amongst the senses , gold amongst metals , wine amongst liquids have the precedencie . and to speak truth , under god , the law of nature is a speciall cause for to effect and perfect monarchie . it is certaine , faith that great states-man amongst the romans , that all ancient nations did at first subject themselves to kings : and that was the first name of government upon earth . the jews had a monarchie from saul to zedekiah , as may be seen in sacred histories . the assyrians from nimrod to sardanapalus . the medes from arbaces to astyages . the persians from cyrus to darius the son of arsamus . the macedonians from caranus to perseus . herodotus testifyeth of the egyptians , that they could be at no time without a king , and therefore they did voluntarily carry the rods before them , and submit themselves to be ruled by them . the first king , so far as may be gathered from antiquity , was called menes . the same custome was also prevalent among other nations : the first king of the indians was alexander ; of the trojans , trojus ; of the danes , the first that was king , was graemus ; brito of the britains ; fergusius of the scots ; craco of the polonians ; attilas of hungary ; zechus of bohemia ; pharamundus of france ; and pelagius of spain . the first kings that are celebrated of the grecians , were saturne , jupiter , and cecrops ; of the garamantes , a people of the middle of lybia , cambyses ; of the romanes , romulus , from whom at first to l. tarquinius superbus , and afterwards from c. julius caesar to this day , they have retained a monarchie . bellarmine would divine , that the civill power ought to be immediately , if not by the law of god , yet by the law of nature , in the whole multitude as in its subject ; and from it to be transferred by the same law of nature to one or more : but he much deceives himselfe , and others also , with such his hallucination . for this power of life and death is given by nature unto none . none seemes to be lord of his owne members ; much lesse of anothers . onely god , who gives life to men , hath the power of taking it away from them ; or those , to whom , by a speciall favour , he hath communicated that power . and surely your blood of your lives wil i require ( saith god ) at the hands of every beast will i require it , and at the hand of man , at the hand of every mans brother will i require the life of man . whosoever sheddeth mans bloud , by man shall his bloud be shed : for in the image of god made he man . hence is that precept both of god and nature : thou shalt not kill . but , if this power were given by nature unto men , it should surely have been given to one man , rather than to all : for the command of one man ( even bellarmine himselfe being the judge ) is the best , and most agreeable unto nature ; but the command of a multitude , the worst . now nature in every thing ( as the philosophers will have it ) doth intend that which is best : so that , out of the politique society , and a certaine forme of civill government , there is not any politique or civill power given unto men . but all consent , that all ancient nations ( as formerly was spoken ) did at first obey kings : and , that it was the first name of command upon earth . yea , as bellarmine himselfe confesseth , kingdomes are of greater antiquity than common-wealths . in the beginning of states , ( saith justine ) the command of people and nations was in the kings . it must needs be then , that kings not receive their power and authority from the multitude , or men , but from god onely the king of kings . for it is a maxime and principle among the lawyers , that no man can transfer more power upon another than he hath himselfe . nor is this assertion contradicted , though you should alledge , that princes , as i said before , are sometimes chosen by men ; more often , if not alwayes , inaugurated by them . for hence it is that s. peter calleth a king , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ordinance of man : which is not so to be understood , causally , as if it were excogitated or invented by men ; but subjectively , because it is exercised by men ; and objectively , because it is versed about the government of humane society ; and then finally , because it is constituted by god for the good of men , and the conservation of humane policie . for the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doth recall us to god , as to the first author of authority : and although kings are created by men , that is , erected , anointed , and inaugurated by them ; yet the first creator of kings is god , to whom all creation doth appertaine , and from whom all power doth come . for there is no power but of god , if we will beleeve s. paul , who from his master tels us , that the powers that be 〈◊〉 ordained of god . the finall cause of sover aignty is the glory of god , and the happinesse of the subject : that a king , as the keeper of the two tables in the decalogue , with one eye looks up unto god , whose vicegerent he is , in advancing and defending religion and piety ; and with the other upon his subjects , that they may live in peace and prosperity . for this cause , saith epiphanius , are powers ordained , that all things from god may be well disposed and administred to the good order of government of the whole world . this is that goale to which the princely champion runs ; which is no other , as lipsius speaks , than the commodity , security , and prosperity of subjects . and this is the end which s. paul expresseth , when as he saith , that the magistrate is the minister of god to them for good : where , by [ good ] we may understand , good naturall , good moral , good civill , and good spirituall . first , the king is the minister of god to his subjects for their good naturall , whenas he makes provision of corn and victuals , whereby they may live . secondly , he is a minister of god for their good morall , when as he doth prescribe such laws to his subjects , as that they conforming their lives to them may live honestly . thirdly , he is the minister of god to them for good civill , when as by his sword he doth preserve their persons and estates from injury , and mainteine the publique peace . and lastly , he is the minister of god for good unto them , good spirituall , when as hee doth advance and maintain religion and piety , and suppresse prophanenesse and superstition . the materiall cause of soverainty , is the king and people ; with which , as with its integrall parts , it is compleat and absolute ; and without which , it cannot at all subsist . the formal cause of it , consists in that order which is betweene the king and his subjects : by which , he is above them , and they under him ; he commands , and they obey ; he rules , and they submit : of which , as lipsius saith , there is so great a force , or necessity rather , that this alone is the stay or prop of all humane things . this is that same bond , saith seneca , by which the common-wealth coheres ; that vitall spirit , which so many thousands of men doe draw : who , otherwise of themselves , would be nothing but a burthen and a prey , if this soule of command were withdrawn from them . this is that same circaean rod , with the touch of which both beasts and men become tame and ruley ; & which of all , otherwise head-strong and untractable , makes every one obedient and plyable : each man with the feare of it . a common-wealth , saith aristotle , is a certaine description , or order of those men which doe inhabit it . the king , he is above all others , according to that power which god almighty hath communicated unto him ; and the subjects , they are under him , by the same authority . and therefore princes are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , supereminent , seated in a more sublime estate : and subjects , they are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , subordinate , reduced into order . the metaphor is taken from military discipline , in which the commander placed above all others , over-looks the whole body , whiles every one , besides him standing in their ranks , keepe their stations . whereupon , as souldiers in an army placed in order , are subordinate to their captain , and performe obedience to him , as their supream head : in the same manner , subjects are subordinate to their prince , and bound to performe obedience to him . now what this power of a king is , is not of all sides agreed upon . if we looke into the sacred records , we may see the manner of the israelites king to be described . and samuel told all the words of the lord unto the people , that asked of him a king . and he said , this will be the manner of the king that shall reigne over you : he will take your sons , and appoint them for himselfe , for his chariots ; and to be his horsemen , and some shall run before his chariots . and he wil appoint them captains over thousands , and captains over fifties , and will set them to care his ground , and to reap his harvest , and to make his instruments of war , and instruments of his chariots , and he will take your daughters to be confectionaries , and to be cooks , and to be bakers . and he will take your fields , and your vine-yards , and your olive yards , even the best of them , and give them to his servants . and hee will take the tenth of your seede , and of your vineyards , and give to his officers , and to his servants . and he will take your men servants , and your maid-servants , and your goodliest young men , and your asses , and put them to his work . he will take the tenth of your sheep , and ye shall be his servants . some , from this description of samuel , doe think , that the rights of majestie are set forth : so luthen ( in postil . super evang dom. . post trinit. conc. . those things ( saith he ) which are said to be caesars , mat. . . are those rights of kings which are described , sam. . now those things which christ affirmeth to be caesars , ought of right to be given unto him . so strigelius in sam. . p. . hic dicunt aliqui describi tyrannum , non regem , &c. sed textus nominal jus regis , & loquitur de oneribus stipendiorum causâ mpositis . some say , that here a tyrant is described , not a king ; and that these things are not so spoken , as if the lord did approve of servitude : but the text ( saith he ) doth name the rights of kings , and speaks of burthens imposed by way of stipend . but these , with others of the same opinion , are much mistaken and deceived . for god constituting judges under him , was himselfe in a peculiar manner ( which never hapned unto any other nation ) a king to the israelites , who now did ask a king of him , as the other nations had . hearken ( saith god to samuel ) unto the voice of the people ; in all that they say unto thee : for they have not rejected thee , but they have rejected me , that i should not reigne over them . samuel therefore , as the lord commanded him , that he might reprehend the rashnesse of this people , describes unto them the impune licence , the rage and violence of this man , ( whom , in stead of god , they did desire to be set over them ) and so , in his person , of all kings . as if the prophet had said ; the lust of this kings licence shall break forth so far , that it shall not be in your power to restraine it : who yet shall have this one thing betide you , to receive his commands , and to be obedient to him . insomuch ( sayth he ) that ye shall cry out in that day , because of your king which ye shall have chosen you , and the lord will not heare you . for kings are exempted from the punishments of humane lawes , and have god only to be their judge and their avenger . the vertue of the law ( as modestinus hath it ) is this , to command , forbid , permit , and punish : but no man can command himselfe ; or be compelled by himselfe ; or so make a law that he may not recede from it . lawes are given by superiours to inferiours : but no man is superior , or inferior , to himself . it is impossible therefore for kings to be bound by their owne lawes : much lesse , by the lawes of their predecessors , or the people . for an equal hath not power over an equall : much lesse , an inferiour over a superiour . there are three sorts of civill government , according to aristotle : monarchie , aristocracie , and democracie . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is necessary , saith he , that the chiefe be one , or a few , or many : for all nations and cities ( as that great secretary of state to many emperours hath it ) are governed either by the people , or by the peeres , or by the prince . as then , in aristocracie and democracie , it must needs be that the government be in the hands of some few , or many : so in monarchie , it is in one mans hands onely ; whose lawes all men are bound to obey , but himselfe none , save the law of god . for otherwise , it is not a monarchie , but a polyarchie , that is , the state of the peers , or people . a king subject to laws , ( saith the philosopher ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is not a species of a republike . cicero being to defend king deiotarus , before caesar , begins his oration from the insolencie and novelty of the thing ; telling him that it was so unusuall a thing for a king to be accused , as that , before that time , it was never heard of . c. memmius a popular man , and of great power , although he were a most deadly enemie to nobilitie , yet he subscribes to the same opinion . for , to doe any thing without being questioned , is to be a king , saith he . a prince , saith ulpian , is free from all lawes . dio , his coaetanie , speaks to the same purpose : they are free from lawes ( saith he ) as the latine words doe sound : that is , from all necessity of the laws , or the necessary observation of the laws : nor are they tyed to any written laws . constantinus harmenapolus , a greek interpreter , to the same sense thus delivers himself . a king is not subjected to laws ; that is , he is not punished , if he offends . to which , i might adde the common consent of the interpreters of both laws , unanimously affirming and concluding , that a king is to give an account for his offences to god onely , and onely before him to justifie his innocencie . excellently solomon : where the word of a king is , there is power ; and who may say unto him , what dost thou ? and therefore the wise man , in the wisdome of solomon , thus addresseth his speech unto them : heare therefore o ye kings , learne ye that be judges of the ends of the earth : give care you that rule the people , and glory in the multitude of nations : for power is given you of the lord , and soveraignty from the highest , who shall try your works , and search out your counsels . let us heare some of the fathers about this matter : irenaeus tels us , that the princes of the world having the laws as the garment of justice , shall not be questioned for those things they shall doe according to law and justice , nor yet suffer punishment : but if they shall practice any thing contrary to law , in a tyrannicall manner , to the subversion of justice , in this case they are reserved to the judgement of god , sinning against him onely . of those things which are committed to kings by god , they are only to give an account unto god . so far he . tertullian in his apologie rhetorizes it thus : we , saith he , doe invoke the eternall god , the true god , the living god , for the safety of emperours , whom even the emperours desire above all others to be propitious unto them . they know who hath given power unto them , who men under them , who their owne soules : they acknowledge it is god onely , in whose power alone they are ; from whom they are second ; next him the first , before all gods , and above all men . saint jerome saith of david , that he repenting , after he had accumulated murther upon his adultery , did say to god , against thee onely have i sinned , because he was a king , and feared not man . before s. jerome , s. ambrose thus descants on him : david sinned , as most kings doe ; but david repented , wept , and mourned , which most kings doe not . that which private men are ashamed to doe , the king was not ashamed to confesse : they that are bound by laws , dare deny their sin , and disdaine to aske pardon ; which he implored , who was not bound by humane lawes . he was a king , he was tyed by no laws : because kings are free from the 〈◊〉 of transgressions , for they are not called to punisment by the laws , being free by the power of their command . he did not therefore sin against man , because he was not subject to man . after him let us confort 〈…〉 lar : how far better then is the emperour , 〈◊〉 not tyed to the same laws , and hath power to make other lawes : and in another ●ce , there is a command upon judges , that they 〈◊〉 revoke sentence that is once passed upon an offender , and shall the emperour be under the same law ? for he alone may revoke the sentence , absolve him that is condemned , and give him his life . gregorie arch bishop of tours , thus speaks to chelperick king of france . if any of us , o king , shall transgresse the limits of justice , he may be corrected by you : but if you shall exceed the same limits , who shall question 〈◊〉 for we indeed doe speake unto you ; and if you will , you heare us : if you will not , who shall condemne you , but onely he who hath pronounced him selfe to be justice it selfe ? otto frisingensis writes to frederick o●n●barius in these words : furthermore , whereas there is no person in the world , which is not subject to the laws of the world , by being subject may not be enforced ; onely kings , as being constituted above laws , and reserved to the judgement of god ; are not 〈◊〉 by the laws of men . hence is that testimony of that king and prophet , against thee onely have i sinned it 〈…〉 then a king , not onely nobilitated with magnanimity of spirit , but illuminated 〈◊〉 divine grace , to acknowledge his creator , to have alwayes in his mind the king of kings , and lord of lords , and , as much as in him lyes , to take heed by all means not to fall into his hands . for , when as , according to that of the apostle to every man , it is a fearfull thing to fall into the hands of the living god : it will be so much the more fearfull for kings , who besides him , have none above them , whom they may feare , by how much above others they may sin more freely . which sayings of the fathers and other writers , divine and profane , thus premised , i cannot but wonder at the stupid ignorance , and ignorant wilfulnesse , of such men , who would make the world believe , that it is in the power of the pope , or of the people , or of the peeres , to call kings in question , and reduce them to order , if they be extravagant . and if there be a lawfull cause , ( saith bellarmine ) the multitude may change the kingdome into an aristocracie or democracie ; and on the contrary , as we reade hath beene done at rome . but to speak truly , there can be no cause , without the expresse command of god , either expressed or excogitated , for which it may be lawfull for subjects , either to depose , or put to death , or any other way restrain their king , be he never so wicked , never so flagitious . we doe not deny but this thing hath been done at rome , ( as bellarmine confesseth ) but by what right , let him look to it . we must not look so much what hath been done at rome , ( as the romane laws advise us ) as what ought to be done . but bellarmine doth affirme that the king is above the people and that , he acknowledgeth no other , beside 〈…〉 his 〈…〉 temporall things . but to returne whe● 〈…〉 . the power of a king over his people is expressed by samuel , to which they must of necessity 〈…〉 without resistances . not that the king was to 〈◊〉 so by right , as samuel had told the israelites 〈◊〉 would , ( for the law of god did prescribe 〈◊〉 a far more differing forme of government , then sh●ls in any wise set him 〈…〉 whom the lord thy god shall choose ( saith moses . ) but he shall not 〈…〉 to himselfe , nor cause the people to returne into egypt , to the end that he should multiply horses : forasmuch as the lord hath said unto you , ye shall henceforth returne no more that way . neither shall he multiply 〈◊〉 himselfe that his heart turne 〈…〉 neither shall he greatly multiply to himself silver and gold ) but because it was the common custome of the kings of the nations ( whose example they desired to imitate , in asking of a king , as other nations had ) so to doe . for samuel doth not speak to him that should be their king , but to the people that desired a king : yea , and he wrote this law of a kingdome , which he there describes , in a 〈◊〉 and put it before the lord , that is , into 〈…〉 of the covenant , that it might be for 〈…〉 all for ever , and a testimony to their posterity , of those things which he had foretold . joseph . l. . antiq. judaic . c. . where yet we must distinguish , between the rash and gready desire of kings , and the utility and necessity of common-wealths . if a king , spurred on by a private desire , and ravenous lust of having , doth claime such things as are there described , he deales unjustly and tyrannically : but if , the safety and necessity of the common-wealth so requiring , he demands those things ; then , he doth not unjustly , if he doth use his kingly power . againe , we must distinguish also betweene the thing , and the manner of the thing . if a king in exacting these things doth observe a just and lawfull manner , and without compulsion & violence doth require the help of his subjects , as their labours , tenths , and tributes , for the supporting of the state , and necessity of his kingdome ; he cannot be said 〈◊〉 be a tyrant , or deale injuriously : but if he shall goe beyond the bounds of necessity and ●egality ; and onely shall aime at his owne private ends , to the inconvenience and detriment of the publique good of his kingdome , he doth abuse his kingly power , and degenerates into tyrannie . excellently and satisfactorily to this purpose is that of lyra ( in comment . sam. . ) sciend● quod aliqua sunt de jure regis in necessitate positi , &c. we must ( saith he ) know , that there are some things , which by right are the kings , being placed in necessity for the common good of the kingdome , and so all those things which are here expressed , are by right the kings ; because that , in such a case , all things that are the kings or princes , are to be exposed and expended for the common good : even as we see in the naturall body , that the hand , or any other part of the body , even by instinct of nature , is exposed for the preservation of the life of the who 〈◊〉 but if the ●ight of a king be taken otherwise , out of necessity , then there are more things expressed there , than doe appertain to the right of a king : as all those things which doe make a people to be 〈◊〉 subject , and those which doe not respect the common good , but rather the will of that man that is set above others in 〈◊〉 some . and such things 〈◊〉 the prophet samuel fore-tell them , to with d● their minds from asking after a king , because it was not so expedient for them , and because the power of a king , by reason of its greatnesse doth easily degenerate into tyrannie . gregorio calls the power given unto kings , jus regium turannerum , the kingly right of tyrants . he calls it ●gly , saith arnisaeus , because it is common to all kings : and he calls it the right , or power of tyrants , because it doth easily degenerate into tyranne , i● kings doe not use it in opportune and convenient time and place , with due moderation . the elect king david , ( as 〈…〉 the fore-named place when he was 〈…〉 unto the lord , he would not 〈◊〉 at 〈…〉 power and right of tyrants ; but he did 〈…〉 the threshing floore of araunah the 〈…〉 for his money yea , and ahab , even 〈…〉 king , did usurpno such power unto himselfe , when as he sought to acquire the vineyard of 〈◊〉 for the worth of it in money , or in exchange for a better vineyard : but whiles he did , upon a pretended crime , take both life and vineyard away from na●th , because he refusing the conditions he had propounded to him , he did fulfill the prophecie of samuel , and justly suffered the reward of his impiety . so that , though kings be constituted only by god , & are to give an account of their actions onely to god ; though they be above the people , and for no crime soever may be deposed or coerced by the people ; yet they must not deale with their subjects as they list : they must neither make slaves of their persons , unjustly oppressing them with their power ; nor yet make havock of their estates , tyrannically usurping them at their pleasure . they must know , that as god hath set them over men ; so it is for the good of those men . they are not onely lords and arbiters , saith lipsius , but they are tutors and administers of states . they are lewd and wicked princes , as he speaks , who being constituted in an empire , doe think of nothing but to be imperious : and they are proud and carelesse , ( saith he ) who doe think that they are not given for the good of their people , but their people onely for them . for , as in the superiour world , the stars have their splendour ; yet so , as they may be usefull for men : so , in this inferiour would , princes likewise have their dignity ; yet so , as with it they have their duty . the commonweal● is by god conferred upon them : but it is committed , as it were , into their bosome ; that it may be fostered and preserved , not ruined and devoured by them . happy is that prince , who in the highest pitch of fortune , desires not so much to be held great , as good , in the esteeme of his people ; and he is no lesse fortunate , that can so temper power and modestie , the two most differing things , in his behaviour and carriage , as that his people cannot tell whether they shall salute him as a lord , or as a father . there are prerogatives and royalties , which must by no meanes be denyed to the prince : and there are immunities and priviledges , which must not be kept back from the subject . the prince must so use his royall prerogative , as that he doth not infringe the subjects rights ; and the subjects must so lay claime to their rights , as that they doe not derogate from the regality of the prince : that so , he ruling as a royall prince , and they obeying , as loyall subj● , may be both happy in the enjoyment of each other . now the prerogatives which by right belong unto the prince , are ripaticks , or watertoles , which are commonly called customes , for the importing and transporting of commodities , by sea , ship-money , the profit of fines and amercements , vacant goods , the goods of condemned and proscribed persons , and other emoluments , which the lawyers doe terme royaltyes , which are due unto the prince , not only for the splendor and glory of his court , but for the better maintaining of the publique affaires . princes may al● be use of the propes goods and labours of their subjects , for the 〈◊〉 of the common , good 〈…〉 may exact tributes , and taxes of the 〈…〉 they may impose lawes to them , whe● 〈…〉 will or no , and they may command 〈…〉 which doe not repugne the law of god 〈…〉 of nature , and the law of the land , o● 〈…〉 christ to the pharises asking him whether it were lawfull to pay tribute to caesar or no , looking upon the money which had the impression , and inscription of caesars image , gave this answer , render therefore unto caesar , the things that are caesars ; and unto god , the things that are gods . and saint paul to the romans , render therefore to all their dues : tribute to whom tribute is due , custome to whom custome , feare to whom feare , honour to whom 〈◊〉 : and the same apostle to titus , put them in minde , to be subject to principalities and powers , to obey magistrates , to be ready to every good worke . for as seneca hath it , the power of all things pertaine unto the king , the propriety unto the subject . the king hath all things in his command , every man in their possession . the king hath all things within his dominions , his exchequer onely , those things which properly belong unto him : and all things are within his power , his owne things onely in his patrimony . rightly cicero : we must endeavour that we doe not ( which often times happened amongst our ancestors ) give tribute by reason of the renuitie of the treasurie , and assiduity of wars : which that it may not come to passe , we must make provision long aforehand ; but if any necessity of this duty shall happen unto a common wealth ( for i had rather prophecie of another then our own , nor doe i speake so much of our 〈◊〉 as of every common-wealth ) diligence 〈…〉 that all may come to know and understand if they will bee safe ) that they must obey necessity . for as tacitus hath it , neither the quiet of nations can be had without armes ; nor armes be had without stipends ; nor can stipends be had without tributes . these , these , ( saith cicero ) are the ornaments of peace , and the muniments of warre . in the beginning of things ( saith justine ) the government of countreyes and nations was in the power of kings : whom , no popular ambition , but approved moderation , amongst good men , did advance to this heighth of honour . the people was not tyed by any laws : but the arbitrament , and pleasure of their princes , was instead of laws unto them . pomponius speakes to the same purpose , whenas hee saith : and to speake truth in the beginning of our city , all things were governed by the kings disposall . and ulpian seconds him : that which pleaseth the king ( saith he ) had the force of a law : as when by the royall law , which is given concerning his empire , the people doth confer all their power and authority to him , and on him . whatsoever therefore the emperour hath ordained & subscribed by writing , or by any edict commanded , it is a law without contradiction : these are those which we commonly call constitutions . justinian the emperour to demostenes thus writeth . if the imperiall majesty shall have throughly examined the cause , and given sentence to the parties present , let the judges know , who are within our empire , that this shall be a law , not onely for that cause for which it was given , but for all causes of the like nature . for what is greater , what more inviolable than the imperiall majesty ? or who is so puft up with the conceit of pride , as that hee dare contemne the understanding of the king ? whenas the founders of the old law doe plainely & clearely define , that those constitutions which did proceede from imperiall determination , doe obtaine the force and vigour of a law . and a little after hee addeth these words : for , if , for the present , it be granted to the emperour onely to make laws , it is onely worthie an emperour to interpret laws . whereupon he thus concludes ; therefore , these ridiculous ambiguities exploded , the emperour alone shall be most justly reputed to be both the maker and interpreter of laws : this law nothing derogating from the makers of the old laws : because imperiall majesty gave the same priviledge even unto them . by me ( saith the eternall wisdome of god ) doe kings reigne , and princes decree justice . from whence saint augustine ( whose sentence is reckoned amongst the canons ) doth thus argue : by what right do you defend the church ? by gods law , or by mans ? we have the law of god in the scriptures ; and we have the law of man in the constitutions of kings . and not far after : therefore by the law of man , by the law of kings . why so ? because god hath distributed the laws of men to mankinde by kings and princes . so in another place be thus reasons : for , if it be lawfull for a king in a city , where he hath dominion , to command anything , which neither ever any before him , nor yet he himselfe commanded , and not contrary to the society of that citie , he is obeyed ; yea , contrary to the society he is not obeyed ( for it is a generall pact and covenant amongst humane society to obey their kings ) how much more then ought we to obey god the governour of every creature , and serve him , without any doubt , in those things which he hath commanded ? aristotle teacheth that there are three parts of every common-wealth : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . one which consults for the good of the republique : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} another which is versed in government : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a third which doth exercise it selfe in judicature . but that is the chiefest which consults of warre and peace , of society and leagues ; of laws and death ; of banishment and publicating of goods ; of making and receiving accounts . yet , in another place he seemes to recall these three into two parts , in these words : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for there are actions of a city : both of those who doe command , and of those who doe obey : but the scope and office of him that governes , consists in commanding and in judgeing . of later wrjters bodinus ( whose sentence yet is approved with the common consent of the learned ) defines this power of the supreame magistrate ( which he calls by the name of majesty ) to be an absolute and perpetuall authority over citizens and subjects , and not tyed to any laws . it is manifest therefore , that all other heads of majesty are included in this absolute power of making and taking away of laws : insomuch , that we may rightly call it , the chiefest power of a common-weale , comprehended in this one thing , which is , to give laws to all and every subject , never to receive any from them , for , by his own right , to make warre with adversaries , and at pleasure to contract peace with them , although they may seeme to be somewhat discrepant from the appellation of law ; yet they are done by law , that is , the command of imperiall authority : so likewise , it is a prerogative of majesty to take notice of appeales fro higher powers , to give and abrogate commands to supreame officers ; to dispose of offices when they are vacant ; to give immunities , and free citizens fró , laws ; to have the power of life & death ; to set a price , name and figure upon moneyes ; and to impose an oath upon subjects : all which things both of commanding & forbidding , come within the supreame power ; that is , to give laws to all & every subject , and to receive from none but the immortall god . these are some of the royall prerogatives , which have been premised in generall and promiscuously : but the politicians are more exact in describing these rights of majesty and royaltie , and they make them of two sorts : greater and lesser . the greater prerogatives belonging unto majesty are those which doe primarily and more principally appertaine to the chiefe authority of the king of emperour . and they are , first , the power of making and abrogating laws at pleasure , as the necessity of the common wealth shall require . for this is , as bodinus hath it , the prime and principall head of majesty , and without this the folitique power cannot long stand . for it is , as the juris-consults have determined , the propriety of law to command . but an emperour , or king without a command , what other thing is he , than as a dreame without sleepe ? but this must be understood of the nomothetique or legislative power , which doth institute laws by its own authority , and not by the command of another . and therefore , it is more than manifest that the decemuiri amongst the romans , who were enforced to seek to the people for the confirmation of those laws which they had made , as livie relates , could not be said to make them by the right of majestie . secondly , a second right of majesty is extreame provocation ; that is , that subjects cannot appeale from the laws that are made by imperiall majesty . for it is a most certain signe of a limited power , if an appeale may be made from the law giver to a superiour . and hereupon bodinus infers , that the dictators did not shine with royall majesty , and that they were not the chiefe magistrates , but curatours onely , or commisaries , as we call them . for the father of fabius did appeale from papirius then dictatour unto the people . ad tribunos appello ( so livie repeates his words ) & ad populum provoco , qui plus quàm dictatura potest , i appeale , saith he , to the tribunes , i protest to the people , who have more power than the dictatorship . now an appeale ( as bedinus hath it ) is a suspension of the jurisdiction of an inferiour judge , by a lawfull invocation of a superior ; made in the same judicial place , and alwayes ascends with the order of magistrates , untill it comes to the highest power , in which it must necessarily acquiesce and rest . as for example : in the romane empire the chiefe tribunall is the imperiall chamber : in france and with us in england , the high court of parliament : and in other inferiour principalities , the princes chiefe court . a third right of majesty , is the creation of dukes , marquesses , earles , barrons , and other noble men . for it is without doubt , that the king or emperour is the fountaine of all nobility and dignity . fourthly , another prerogative of majesty is the founding of academies . for this is referred to the eminence & preheminence of kings & emperours , & which , the pope cannot ( as baldus doth insinuate ) without unjust usurpation ascribe to himselfe . and this , not to speak of our own two famous universities , the most ancient academies , do evidence unto us : of which the university of bononia , the mother of students , which was first erected by theodosius , afterwards repaired by carolus magnus , and endued by them with many immunities and priviledges , is a sufficient witnesse . what shall i say of the vniversities of prague , paris and padua , who acknowledge , not without respective gratitude , the emperours of the same name to be their founders and benefactors ? and therefore the approbation of the pope is not requisite for the founding of an academy : because the civilians tell us , that the jurisdiction , which is exercised beyond the territory of him that commands , is most worthily to be rejected . lastly , other politicians are wont to referre to the regalities of majesty , the calling of councills and synods , legitimation , restitution of fame , the ordering of all judicialls , the indicting of war , and conclusion of peace , and the like , of which you may reade in althus : in pol. c. . and thom. mich : de jurisdict : concil. . . and . the lesser rights belonging to majesty , which the king , or emperour may more easily dispence with then the greater , are the remitting or lessening of penalties and mulcts , customes , tributes , the rights of faires or publiplique mercats , of which you may likewise reade l. un . c. de nund . jus saxon. l. . art . . and l. . art . . mysing . . obser. . n. . . nou. . c. . vult . l. . iurisp . c. . n. . but to returne , where we did digresse , the king , ( who hath the cheife and absolute command in monarchy ) the parent , yea the author of the law , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a living law , is far greater then the law : as one , who by authority given him from god , can , when he sees it fitting , whether his subjects will or no , yea without their consent , either make or abrogate the law . nor hinders it that he makes use of counsellours and ministers , for so he doth lessen his care and sollicitude , which in the government of a kingdom aright is the greatest ; but not diminish the power of his command , or ecclipse his majesty . the emperours were wont to say , that we account it of our princely clemencie ( worthy senatours ) if when hereafter any emergent necessity shall happen , either in the private or publique cause , which doth require a generall forme and not inserted in the ancient laws , that it be treated of by all ; as well the peeres of our court aforehand , as by your most honourable assembly : and that , if it shall seeme good to all the iudges , as well as your selves , it be then dictated as a law ; and so , when you be all met together , that it be read again : and when all shall have consented unto it , then at length that it be repeated in the sacred consistorie of our majesty : that so the common consent of all may be confirmed with the authority of our highnesse , &c. hence is that , of the iurisconsults , that a prince alone can make statutes , although it be his courtesie that he doth admit the counsell of his peeres . the communication of counsels doth not introduce a consortship of the kingdom . for the rights of majesty ( as bodinus hath it ) may be attributed to the chiefe prince ; but not to magistrates , or private men : but if they be ascribed to either , then they cease to be the prerogatives of majesty . and , as a crown , if it be distracted into parts , or communicated , loseth the name of a crown ; so the rights of majesty vanish if they be communicated with the subject . that which is more evident , by the common decrees of the lawyers : those rights can neither be passed away , nor divided , nor any wayes abalienated from the chiefe prince , nor can they be prescribed by any diuturnity of time . for which cause baldus doth call them sacra sacrorum ; and cynus the individualls of majesty : but if the chief prince shal once communicate these unto the subject , instead of a servant , he is like to have a consort of his empire : and in the meane while , he loseth the regality of majesty , in that he cannot be said to be the chief prince : because he is chiefe who neither hath a superiour nor yet co-partner of his empire . but because princes when they are publikely inaugurated , doe religiously promise that they wil maintain the rights of their ancestors , & the former constitutions of the empire , and other things of that nature ; therefore may some thinke they are tyed by their oath to observe them , nor can they with a safe conscience any way relinquish them . to this it is answered , that princes do no wayes prejudice themselves by swearing , but that they may as freely administer to the good of the common-wealth , as if they had not sworn at al : for they sweare nothing , but that , to which if they had not sworne they are obliged . for , that which is just and equal , that by their office they are bound to observe and do ; but , to doe that which is evil and unjust , they cannot be bound by any covenant or promise whatsoever , though they have confirmed it with an oath . now what is more unjust , than that a prince should be bound to maintain and keepe those laws , which it is necessary that they must be either antiquated , or the common-wealth come to ruine ? although all change whatsoever ( as it is in the proverb ) is very dangerous , yet that of laws , is most pernicious : and yet it is as certaine on the other side , that the change of manners doth efflagitate a change of laws , and that there is no law so honest and inviolable , or so deare , even by the shew of antiquity it selfe , but that , necessity so requiring , it may & ought to receive a change . salus populi , suprema lex esto : the peoples safety is the chiefest law . to conclude , if that kings and princes , breaking all bonds of laws ( which yet god forbid they should ) doe falsifie their promises , and disrespect their vowes , making no account of what they have engaged themselves to by their protestations ; yet the people must not rise up in rebellion against them , or shake off the yoake of obedience from them , seeing they are to have no other than god himselfe to be their judge and their avenger . chap. ii. the svbjects loyalty , or , the duty of subjects to their kings . having in the former chapter set forth unto you the royalty of kings over their subjects : where i have declared their originall from god , and their end , next to god , their subjects good ; and that though they should come short of that end for which they were constituted and ordeined , yet they ought not to be cut short by the people under them , but are to be reserved to the judgement of god , next to whom they are second here upon earth , and under whom they have no superiour , being above all laws of men , and themselves a law unto their subjects : i now come to describe unto you the loyaltie of subjects towards their kings , and the peoples duty . for , a king and subjects being relatives ; and the formall cause of a kingdome consisting in that order which is betweene the king and his subjects ; by which he rules , and they submit ; he governe , and they be governed ; he commands ; and they obey ; it is very requisite in these miserably distracted times , where most men would shake off the yoke of obedience from their shoulders , and live as they list without all order : that , having spoken of kings and their power over their subjects , i should now say somwhat of subjects , and their duty to their kings . and here , that we may the better setforth their duty , it will not be amisse to expresse their nature : for , so knowing what they be , we shall the sooner come to know what they must doe . now if wee consult bodinus about them , he will tell us , that subjects are those , who are bound to maintain , and fight for the dignity & safety of their prince as for themselves : and to have the same friends and enemies with their prince . or , as others doe describe them : subjects are a part of the common-wealth , which are obliged to the supreme power , even to all that they have : and for this cause it is , that they doe enjoy all the priviledges of the weale publike . this is the nature of a subject . but then , if any should aske me who are subjects as well as what are subjects ; i must again have recourse to the politicians ; who do give us to understand , that by the name of subjects , we are to take notice of the multitude of men , which are governed ; or rather , who submit themselves to be governed . and in this name , we must comprehend all , and every one , of what state and condition soever they be , that are in that city , provance , & countrey , where a magistrate is the head : for , so many as do belong to a common-wealth , doe appertaine to the one part of it : viz. they are referred to be either magistrates , or subjects : whence it follows , that the name of subject is more general than that of citizen , specifically and properly so called ; although in writers we finde them to bee promiscuously used . for , he that is a partaker with others of publike honour and dignity is properly a citizen : but hee that partakes onely of burthens and taxes , & not as wel of honours and dignity in the common-wealth , where he resides & lives , is not a citizen , but a subject . they are termes contrariant , not reciprocall . every citizen , is a subject : but every subject , is not a citizen . there is also another disagreeing respect , for a citizen is so called , in respect of his native countrey or common-wealth , where he is borne , or to which he is ascribed : but he is a subject in respect of that magistrate which he obeyes , wheresoever he is . now men are said to be subjects two manner of wayes ; either by their nativity and birth ; or by their dwelling and habitation . that a mans nativity and birth doe make him to be a subject , is plainly evidenced ex l. assumptio . § . ad municip . filius civitatem , ex quâ pater ejus originem duxit , non domicilium sequitur . a sonne follows the city from which his father doth derive his originall , not his house . and if a man be born of parents of divers cities , he follows the condition of his father , not of his mother . l. municip . . § . f.eod. the house , or dwelling , in which any doth fixe and settle the seat of his fortunes , doth make him a subject . but what space of time is required to contract a house or dwelling , the interpreters of law doe varie : because , in this thing the laws and manners of every particular common-wealth is to be respected . agreeable to this , is that distinction of the jurisperites , who discriminate subjects by a naturall , and a voluntarie obligation . he is a subject , say they , by a naturall obligation , who is borne under the jurisdiction , and in the dominions of that magistrate , to whom he is subject : and he is a subject by a voluntary obligation , who willingly and spontaneously offers himselfe to any magistrate , and acknowledgeth him for his supreame head , although he be not born within his territories and dominions . to which two sorts of subjects , we may , not without good reason , adde another species , viz. such a one , as being vanquished in warre , is made subject to him that did subdue him . for , when a prince or magistrate overcomes any in a lawfull war , they are then made subject to his jurisdiction and power . but be they subjects these , or any other wayes , they are bound , whosoever they be that are subjects , to yeeld obedience to him who is their prince and governour . if any should doubt of the truth of this assertion , ( because the contrary doctrine is now broached and published by our novel divines ) let him but consult the apostle to the romanes , ( unlesse perchance for the same tenet he be held a malignant ) and he will satisfie him : let every soule ( saith he ) submit himself unto the higher powers . they are his expresse words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which universall precept he includes all , of all orders , and states , all sexes and conditions . as if hee should have said : all , whatsoever they be , that do live in a common-wealth , must submit themselves to the supreme magistrate , that is the head of that common-wealth . so that , in the apostles precept , we have not onely implyed the qualities of their persons that are subjects ; but we have also expressed the nature of their duties : viz. subjection and obedience . we shall not need to goe farre then to search after the duty of subjects to their prince : the apostle he hath done it to our hands : it is obedience . and so the augustane confession in the . article doth acknowledge it . the first commandement of the second table , which ( as the apostle speaks ) is the first commandement with promise , doth set forth this duty by the name of honour . for so we read it in the decalogue , honour thy father and thy mother , that thy dayes may be long in the land which the lord thy god giveth thee . exod. . . where , by father , according to the unanimous consent of all divines , we are to understand , not onely our naturall father , that did beget us ; but our spirituall father also , that doth teach us ; and our civill father likewise , the king , who is pater patriae , the father of our country , that doth protect us . and then , by honour which we are commanded to yeeld to this father , we are to conceive all those duties which are comprehended in it . now the politicians doe tell us , that this name of honour , doth consist of sixe severall members , which doe imply as many severall duties , which every subject is bound to performe to the prince his head , viz. agnition , reverence , love , obedience , gratitude , and equity . the first member , wherein this honour doth consist , and the first duty , which every subject is to performe unto his prince , is agnition : that is , an acknowledgement of gods ordinance in the office of the prince . for god will have his owne ordinance to be acknowledged in the civill magistrate ; and that we doe conceive of him , as constituted by god : seeing that as the apostle speaks , there is no power but of god ; and the powers that be , are ordained of god . after which manner , did the woman of tekoah conceive of king david , when as she being sent by joab to intercede for absolom , that he might returne from his banishment into the kings favour : for as an angel of god , ( saith she ) so is my lord the king , to discern good and bad . and a little after , my lord is wise according to the wisdome of an angel of god . and so did mephibosbeth esteem of him , when as he did compellate him with the same title : but my lord the king , is as an angel of god . which agnition and acknowledgement of gods ordinance in him , is a notable meanes to stir up our obedience to him . the second member wherein this honour doth consist , is reverence : when as , subjects look upon their prince not onely as a man , but as a man of god ; and reverence , not so much his person , as his office . for the king is gods legat , and his vicar , presenting his person . and therefore saint peter , when he exhorts to the feare of god , he doth annex the honour of the king : as if there can be no true feare of god , without due reverence to the king , who presents gods person . for which cause , solomon the wisest of men , & richest of kings , doth joyne the feare of god and the king together : the king , for presenting gods perion is called god , not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as plato styles him , as a god amongst men ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an earthly god , being gods minister . yea , as the prophet david , and before him moses , god himselfe . yea , to goe farther , god himselfe doth so call him , ego dixi , i have said it , ye are gods . which yet we must not understand , as if they were so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , indeed ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in name : not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by nature ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by office . and so much the very heathen did acknowledge . for it is reported of philip of macedonia , that he was wont to say , that a king ought to remember , that he being a man , doth discharge the office of god : and the office which he doth execute , is from thence named {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a power like unto gods . whence it is , that s. augustine saith , the king bearing the image of god , ought therefore to be reverenced , if not for himselfe , at least , yet for his office sake . the third member ; wherein this honour doth consist , is love . and it is another duty of subjects to love their princes : not onely for their office , which they , in the name and place of god , do undergoe ; but for the manifold benefits and commodities which they receive from them , by their happy government : thus was king david accepted in the eyes of all the people , whither soever he was sent . kings , as you heard , are patres patriae , fathers of their country ; and therefore subjects ought to respect them with a filiall love , even as children do love their fathers . a fourth member , wherein this honour doth consist , is obedience : subjects must willingly , and readily yeeld obedience , to all the just and honest commandes of their princes , which do no wayes repugne the lawes of god . they must not onely acknowledge , reverentiam subjectionis , a reverence of subjection ; but they must also give them obedientians jussionis , an obedience to their just commands . for , as saint chrysost 〈◊〉 observeth : a people that obeyeth not their prince ; is like to them that have no prince at all : yea , and in a worse estate : for you cannot call that a kingdome , where the king is neglected , and his laws not observed . he seemeth to mee to have lost his kingdome , saith the philosopher , who hath lost his due obedience from his subjects . and therefore subjects must obey their prince , not onely for feare of wrath , that is , to escape punishment , if they neglect their duty ; but also for conscience sake , as the apostle teacheth , because god commands them . the fift member , wherein this honour doth consist , is gratitude . subjects are bound , by way of thankfulnesse , to honour their princes , if it were for no other reason , but because they do dayly enjoy the benefits of peace , prosperity , and protection by them . which gratitude must expresse it self by two other virtues , as necessary as it self ; and without which , it cannot subsist : and they are these : verity and justice : verity , in acknowledging what great blessings , favours , and emoluments they receive by them ; and justice , in endeavouring to make satisfaction , and compensation for them . and for this cause it is , that they pay them tenths , subsidies , customes , and tributes : without which , not the king onely , but the kingdome also , would be debilitated and go to ruine . in these tributes and contributions , ( saith ulpian ) there is none but may know that the strength of a kingdome doth consist . they are the very nerves of a common-wealth . they are , saith cicero , the ornaments of peace , and the supporters of war . it is impossible , said the emperour , that otherwise a republique could be conserved , if it were not for the religious observation , and due collation of tributes . the necessity of which , menenius agrippa , in livie , would teach the romans , with this not more wittie than apposite apologie : for , as if food and nourishment be denyed to the belly , the whole body must of necessity languish and waste away by a consumption : so , if you with-hold subsidies and tributes from the chiefe magistrate , the common-wealth must of necessity come to ruine . and therefore wel said tacitus , you soone teach the dissolution of an empire , if you diminish the revenue , by which it should be sustained : nay , if , as lipsius hath it , you doe not sometimes augment them . lastly , the sixt member wherein the honour of subjects towards their prince consists , is equity . which is a vertue , whereby every subject is bound with candour , either to cover the imperfections and errors of his prince , and to interpret them in the best sense ; or , by a prudent dissimulation to passe them by , and take no notice of them : or , if the reason of his place doth so require it , by moderate counsels and admonitions to endeavour to reforme them . for , that which is spoken unto children by the son of sirach , every true subject ought to apply it to himselfe : glory not in the dishonour of thy father : for thy fathers dishonour is no glory unto thee : for the glory of a man is from the honour of his father . and we cannot but be knowing of chams curse , for laying open , or not covering his fathers nakednesse . it is the office and duty therefore of every subject , according to their respective places , not to discover , but rather to cover and conceale the naeves , infirmities , and imperfections of their princes ; and , as opportunity shal serve , in an humble way , seek by wholsome admonitions , and moderate counsels , to reclaime them . this was luthers doctrine , that great instrument of reformation , which at this day is so much pretended . the office of subjects , saith he , doth require , that they doe declare unto princes what they know not . for , as princes may sinne by not knowing those things which they doe to , be sins ; so , subjects may sin more in not shewing to princes those things which they doe to be sins . the one sinnes by ignorance , the other by negligence . and to this end he alledgeth that passage of abimelock king of gerar : who having taken to himselfe abrahams wife , because abraham had told him she was his sister ; and being warned by god in a dreame to restore her to him ; did lay all the fault upon abraham , because he had no sooner imparted the villanie and wickednesse of his courtiers unto him . and thus you see wherein the duty of subjects consists : either in one word of obedience , as saint paul expresseth it : or in one word of honour , which comprehends acknowledgment , reverence , love , obedience , gratitude and equity , as the fift commandement doth desire it . so then , to bring all to a head : all , and every subject , are bound to submit themselves unto their princes , in those things which they command , not being contrary to the laws of god , and the laws of nature . it is true , that in the apostles times , there were some , who absurdly interpreting the holy scriptures , as too many now , fanatically given , by an unknown spirit ; and extending their christian liberty further then the simplicity of the gospel would permit them , did maintaine , that it was a most unworthy thing , that they , who were freed by the sonne of god , and governed by the spirit of god , should be under the power of man . of this leaven , was judas of galile , of whom we 〈◊〉 in the acts of the apostles . he , as joseph 〈◊〉 late 's , taught , that by the law of god , none ought fit to be called lord , but god himselfe ; and that there was no obedience due to the politique magistrate , no tribute to caesar . after them , sprung up the donatists , anabaptists , and their disciples , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all birds of an ill brood , who did likewise reject the command of the civil magistrate . lastly , the pontisicians , though not in the same manner , did oppose the power of princes , cavilling with the civill authority , and maintaining that their clergie can by no means be punished by a civill judge : or compelled to appeare before the tribunall of a secular magistrate ; but that all their goods , as well ecclesiasticall as civill , 〈◊〉 free , and so ought to be from the tributes and taxes of secular princes . all whose erroneous tenents , and opinions , the spirit of god having confuted in his holy word , doth exactly and precisely determine the contrary ; expresly setting forth , and commanding the office of subjects to their princes . s. paul , as you heard , gives this exhortation : let every souls submit himselfe unto the higher powers : rom. . . he excepts no order , nor sex , nor condition , nor any thing that hath the nature of man . and a little after , render wherefore unto all their dues : tribute , to whom tribute is doe ; custome , to whom custome ; fear , to whom feare ; honour to whom honour . and , in his epistle to titus , he layes a charge upon him , then bishop of 〈◊〉 , that he should give it in charge to the cretians , to be subject to principalities and powers , to obey magistrates , and to be ready to every good work . tit. . . so in his first epistle to timothie : i exhort , saith he , that first of all , supplications , prayers , intercessions , and giving of thanks be made for all men : for kings and for all that are in authority , that we may live a quiet and a peaceable life , in all godlinesse and honesty : the same thing , before saint paul , yea , before our saviour himselfe , as he was in the flesh , did the prophet jeremiah exhort the jews unto , that were exiles from their own countrey in assyria : and that not without especiall command from god , that they should pray to god for the safety of the king , and the kingdom of babylon , where they were captives ; and withall , he doth sharply reprove the rashnesse of those false prophets , who by vaine promises , and hopes of immature libertie did incite them to rebellion . thus saith the lord of hosts , the god of israel unto all that are carried away captives , whom i have caused to be carried away from jerusalem to babylon : seeke the peace of the city , where i have caused you to be carried away captives ; and pray unto the lord for it : for in the peace thereof yee shall have peace . nor , is saint peter backward to informe the strangers scattered throughout pontus , galatia , cappadocia , and bithynia , with the same doctrine . submit your selves , saith he , to every ordinance of man , for the lords sake : whether it be to the king , as supreme ; or unto governours , that are sent by him : and presently after , feare god : honour the king . from which wholsome doctrine of saint paul , the prophet jeremiah , and saint peter , you may see , not onely the pernicious tenets and positions of those , and all other schismatically affected reformadoes , alias renegadoes , confuted ; but the truth of obedience , due to the civill magistrate confirmed : and , that in obedience , honour , reverence , tributes , and other duties , formerly mentioned , to be by subjects performed to their princes , comprehended and enjoyned . but , to what kind of princes do the apostles &c prophets in scriptures enjoyne these duties to be performed ? that wil be a question wel worth the time to be resolved , especially at this time , when every one almost doth take the liberty to himself ; peremptorily to affirm that subjects ought not to give obedience to their king , if he doth not , as they they would have him , & wil not be perswaded & ruled by them . for say they , it would not bee grievous or irksom to us to yeeld obedience and that respective observance , w● you have alleadged fro the holy scriptures , unto good & gracious princes ; but it goes against our consciences to performe these duties to one king , seeing hee swerves from the holy scriptures , which are the word of god ; and wil not be ruled by his great counsel , but is seduced by malignant councellors , to wicked and ungodly acts of tyrannie . to this , i answer ; that if our gracious king ( which god forbid ) should degenerate so far from himself , as to comit such outrages as they would suggest ( which blessed be god as hitherto he hath not , nor is there likelyhood that he ever wil , although , if he were not so good and so gracious as he is , he might soone by their rebellious carriage be invited to it ) yet they are bound in duty to performe obedience to him ; and not of as too many abuse 〈…〉 , &c misled , do , hand over headrise up in rebellion against him . for , if we consult the same apostle , and other places of the holy scriptures , we shall finde , that the forementioned duties , are not only to be performed to good and gracious princes ; but even to wicked and tyranicall , even , to those that are most cruel ; as were tiberius , caligula , claudius , nero : for under all these the apostles lived , & their epistles coetanie to them , directed for obedience to them . nor is it without good reason , that such obedience should be given to them : for , they are of god , as well as good kings : there is no power ( saith the apostle ) but of god : that is , all power is from god onely . for that negative apostolicall axiome is equipollent on all sides to an universall affirmative . so daniel telleth nebuchadnezzer , that the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over at the basest of men . so christ himselfe pronounceth of pilate , that wicked president of the jews , that he had no power over him , were it not given him from above . and therefore , seeing their power is alike from god , we must give the like obedience to them , as to god . it was the saying of him , who sometimes was nazianzens worthie , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} subjects must submit themselves to good and gracious princes , as to god : and they must submit to evil and ungodly princes , for god : that is , because god hath so commanded it . let us heare the fathers a little farther in this point , and we shall finde that they doe all unanimously give their votes unto it . tertullian , if we addresse our selves to him , resolves us in these words : for as much therefore as concernes the honour of kings and emperours , we have a sufficient prescript that we should be subject , according to the apostles precept , in all obsequiousnesse to magistrates , princes , and higher powers . but yet within the bounds and limits of religion , so far , as we are separated from idolatrie . for therefore is that example of the three brethren excelling , who otherwise obsequious to king nabuchodonosor , did most constantly refuse to give honour to his image ; proving that it was idolatry , whatsoever was exalted above the measure of humane honour , after the manner of divine majesty . and so daniel relying upon darius forother things , so long continued in his office , as he was free from the danger of his religion : but rather then he would run that hazard , he did no more feare the kings lyons , then the others were afraid of the kings fornace . optatus milevitanus , speaking of davids observance to king saul , hath these words : david had the opportunity of victory in his hands : he might have killed his adversaries , unwitting of him and secure , without much adoe , and he might have changed , without much bloud-shed , or the conflict of many , his tedious warfare into a sudden slaughter : both his servants and opportunity did invite him to it . opportunity did spur him on to victory . now he began to draw his sword : and now his armed hand was ready to seize upon his adversaries throat : but the remembrance of divine institutions did altogether withstand these intentions : he contradicts not onely his servants , but opportunity , egging him on to victory . as if he should have said thus unto them : o victorie , causelesly dost thou provoke me on : o victorie , thou dost in vaine invite me to triumph : i would willingly overcome mine enemie , but i must first observe the commands of god . i will not ( saith he ) lay my hands on the lords anointed . he did represse both his hand and his sword ; and whiles he did revere the oyle , he saved his adversary ; and performing observance to him , though his adversary , he did vindicate him from slaughter . saint augustine speaking of the same person , speaks in this manner : david well knowing that there was a divine constitution in the office of kings , doth therefore still honour king saul , being in the same condition , lest he should seeme to injure god , who decreed honour to this order . for a king hath the image of god , even as a bishop the image of christ . so long therefore as he is in that condition , he is to be honoured ; if not for himself , yet for his order . whereupon the apostle saith , be subject to the higher powers , for there is no power but of god , and the powers that be are ordained of god . hence it is that we doe honour an infidel in authority , although he be unworthy of it ; who performing gods office in that order , doth gratifie the devil : yet the power he hath , doth require that we give honour to him , &c. and in another place : but in that the apostle saith , let every soule submit himselfe to the higher powers : for there is no power but of god : he doth rightly admonish , that no man be puffed up with pride , for that he is called by the lord into liberty , and made a christian ; and that he doth not think there is no order to be kept in the course of this life ; and that he is not to be subject to the higher powers , to whom for a time the government of temporall things is concredited . and a little farther , if any man therefore think , that because he is a christian , he is not to pay custome , tribute , or due honour to those higher powers , to whom those things of right doe appertaine , he is in a great errour : but this rule is to be observed which the lord himself prescribed , that we give unto caesar , the things that are caesars , and unto god , the things that are gods . s. jerome , whose sentence is inscribed among the canons , saith thus : if it be good , which the emperour , or magistrate , commands , obey the will of him that commands : but if it be evill , answer him out of the acts of the apostles , it is better to obey god then men . s. chrysostome , upon the words of the apostle , let every soule submit himselfe to the higher powers , thus descants : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . although thou beest an apostle , although an euangelist , although a prophet , or whatsoever else thou beest , thou must submit . s. ambrose thus expresseth himselfe : i could grieve , i could weep , i could mourne : my teares are weapons against the armies and soldiers of the goths , for such are the weapons of a priest . otherwise , i neither ought , nor will resist . bernard to lodowick king of france , writes in this manner : but whatsoever it shall please your majesties mind to doe , we that are the sonnes of the church , cannot , in the least , dissemble the injuries , contempts and scorn even to the trampling under foot of our mother , &c. and a little after , but we will stand out , and fight even to the death , if necessity shall require , for our mother : but with such weapons as are lawful for us to use : not with swords , but with words ; not with shields , but with prayers and tears to god . and in another place , if the whole world should conspire against me , to make me attempt any thing against royall authority , yet i would feare god , and would not dare to doe any thing rashly against the king , that is ordained by him . for i well know where i have read , whosoever resisteth the power , resisteth the ordinance of god , &c. amongst later writers , cardinall cajetan thus comments upon saint paul : after that the apostle had instructed the romans about the use of the body , affaires of the world , and the gifts of god ; he doth now prosecute his instruction about the use of liberty in respect of princes . for he gives them a caution , lest by reason of the liberty which they had obtained by christ , they should think themselves to be exempted from the power of secular princes . and to this end he doth instruct them , that they should be subject to secular powers . and whereas he ought to have said , every man , he doth more significantly say , every soule ; that so we might understand , not only our estates , not onely our bodies , but even our souls ought to be subject to temporal kings , in those things which they may lawfully command . and in saying all , or every , he excepteth none . see , how the fathers doe , with one consent vote that we must give obedience to kings , although they be wicked , in all things that are not unlawfull ; that honour , tribute , obedience , and the like , must be given to lawfull princes ; and that there is no other remedy against their violence and injustice , but prayers and teares to almighty god . what , doe we think that they were destitute of strength , that they could not oppose one power with another , or repell one injury with another ? were they so stupid and ignorant that they did not understand what power was in the pope or people , to reduce their kings into good government ? they wanted neither power to resist , nor forces to rebell , if we dare give credit to tertullian , ( who yet is of sufficient authority and antiquity to be beleeved , even without our assent ) thus writing in his apologie against the gentiles . but far be it that either the children of god should be exempted from the furie of man ; or that they should grieve to suffer in that thing wherein they are tryed . for if we would take upon us to be open and professed enemies , doe you think that wee could want money or men ? are we not more in in number then the moores , and marcomanns , & the parthians themselves , or the gentiles , how great soever they be , let them be but of one place , and of their neighbours adjoyning unto them , yea , then of the whole world besides . we are but of yesterday , and yet we have filled all places among you : your cities , islands , cittadels , burroughs , assemblies ; your very camps , your tribes of the common people , decuries of the judges , palaces , senats , judicatories ; onely we leave your temples to your selves : for what war have we not been fit , and ready to manage , even with fewer forces , who thus willingly suffer our selves to be put to death ; if that we were not disciplined by our religion , that it is more lawfull for us to be killed then to kill ? thus far tertullian , with whom s. augustine is not discrepant : you may find his sentence to be registred among the canons in these words : julian was an infidel and unbeleeving emperour ; was he not likewise an apostate , an enemie , an idolater ? yet the christian soldiers served under this unbeleeving emperour . when they came to the cause of christ , they did acknowledge none but him that is in heaven ; when he would have them to worship idols , and to sacrifice , then they did prefer god before him : but when he said unto them , lead forth the armie , & go against such a nation , they did presently obey him . they did distinguish the lord eternall from a temporall lord ; and yet they were subject unto their temporall lord , for their eternall lords sake . when jovianus after the death of the fore-named julian was elected by his armie to be their emperour , and he refusing , began to speake in these words unto them : i cannot , seeing i am a christian , command such men , nor take the government upon me , of julians armie , which he hath imbued with such venemous precepts , and pernicious discipline . which , and words of the like nature , when the souldiers had heard , they began to shout with one acclamation , and say : o emperour , let not your minde be troubled with such doubtings , nor yet wave the command of us , as if we were prophane and wicked , for you shall finde both christians of us , and men disciplin'd in piety to doe you service . from which recited places , it may appeare that it was no such difficult matter for the christians in the primitve times to have coërced their emperours , by whom they were miserably afflicted , and most cruelly used , if it had beene lawfull for subjects to rise up against their princes . but if those forementioned fathers , endued with no lesse science then conscience , and furnished with as much knowledge as zeale , had thought it lawfull , either for the pope , or the people , or any other men to regulate their princes , as they thought fit ; without all question , they would never have suffered themselves and the whole church of god , to bee so cruelly oppressed by those wicked emperours . but as they did most freely reprehend their vices , so they would at least have admonished them of their office , if they had beene wanting to it . but when they knew that kings ( as have beene formerly , not onely touched , but oftentimes urged ) have onely god to be their judge and their avenger ; hence it is , that they did only flee to him , and piously and happily implore his aid . these things ( saith nazianzen ) did julian meditate and deliberate , ( as those that were witnesses and co-partners of his secrets have imparted and divulged to the world ) yet hee was restrained by the ordinance of god , and the teares of christians , which were then many , and shed by many , seeing they had no other remedie against their persecutors . the like may be said of divers other wicked princes , who have either beene taken away by the singular providence of god , or at length reduced to a better minde : for god who is the father and judge of all alike , doth oftentimes most justly send ungodly princes unto a people for the punishment of their sins : although , they minding nothing lesse , than the justice or purpose of gods wil doe most unjustly . shall there be any evill in the city ( saith god by the prophet amos ) which the lord hath not done ? but no sooner doe subjects repent them of their sins , and depart from their evil courses , but god ( in whose hands the heart of kings is , and which way soever it pleaseth him , as the rivers of waters , he doth incline it ) according to his great goodnesse and singular mercie , wherewith he is affected towards afflicted penitents , makes those wicked princes either cease to be , or to bee tyrants . vengeance is mine ( saith the lord ) i wil repay it . this is the onely fort and sure defence against all injuries of wicked kings : they are the weapons that are to be taken up against ungodly princes : and , this , lastly is the most expedite way to pessundate all tyranny . but then you will say , if the king should make aprey of his subjects , and impose greater taxes on them , and exact more grievous tributes and customs on them , oppressing all and every one of them with his tyrannicall power , shall we not in this case resist and oppose him ? for answer of this , i must tell you , if we will be as we professe our selves to bee , christs disciples and obey his word , which we desire , at least pretend , above all things to be sincerely preached unto us , wee must not resist him . now what saith christ . but i say unto you that yee resist not evill , &c. our lord and saviour jesus christ , being king of kings , and lord of lords , as he is stiled in holy scripture , yea and the sonne of kings according to the flesh , being of the seede of david , yet lest he should give offence , though he were free , payed tribute to caesar ; for so wee finde him discoursing with peter : the kings of the earth , of whom doe they take custome or tribute , of their owne children or of strangers ? peter saith unto him of strangers . jesus saith unto him , then are the children free ; notwithstanding lest we should offend them , goe thou to the sea and cast an booke and take up the fish that first cometh up , and when thou hast opened his mouth thou shalt finde a peece of money , that take , and give for thee & mee . hereupon bernard to henry then arch-bishop of the senones thus elegantly writeth : let every soule bee subject to the higher powers : if every soule , then yours ; who doth except you from the universality ? if any endeavor to deceive you , hearken not to their councols , who seeming to be christians , hold it yet a disparagement to them to follow the deedes or observe the words of christ their master . and a little after : these things , saith he , doe they ; but christ he did both bid otherwise , and did otherwise : give unto caesar the things that are caesars , and unto god the things that are gods . what he spake with his tongue , hee performed with his hand ; as he taught so hee wrought : the maker of caesar did not deny to pay tribute to caesar , for he gave an example to you , that you should also doe the like . and a little farther he saith to this purpose . doe you contemne the saecular power ? none was more saecular then pilat before whom our lord stood to be adjudged . thou couldst have no power ( saith hee ) over me , if it were not g●ven thee from above ; even then did he speake by himself , and in himselfe shew , what afterwards he did by his apostles in his church . that there is no power but of god , and that hee that resisteth the power , resisteth the ordinance of god . before bernard st. ambrose wrote to the same purpose . if the emperor demands tribute , we doe not deny it : the lands of our church do pay him tribute : if he requires our fields , he hath power to lay claim unto them ; none of us doe interpose or withstand him . the collation of the people may redound to the poore ; let them not conceive displeasure about our fields , let them have them if they like them ; i doe neither give them the emperor nor deny them . and againe , i was commanded by the court officers and tribunes , to make a speedy surrender of the church , they alleaging that the emperor doth but use his right in demanding it , for as much as all things are in his power . i made this answer , that if hee did require of me what was mine owne to give , viz. my ground , or my goods , or any thing of the like nature , this my right i would not deny him ; although even those things of mine are the poores also . very excellently st. ang. but whereas the apostle saith , wherefore yee must needes bee subject ; it is as much as if hee should have said , there is a necessity for this life that we be subject , not resisting ; if they will take any thing away from us , in that they have power given them over our temporall things . now then , if it were not lawfull for subjects , without sin , to resist their kings when they did exact unjust tributes of them , and by violence take away their estates from them ; much lesse may we deny to princes just tributes , & other things of the like nature , which are requisite and necessary for the safety of the common-wealth , and cannot bee denied without its certaine ruine , and the great hazard of the whole christian policie . in the law of moses we reade , that the man that would doe presumptuously , and would not hearken to the priest ( that stood to minister before the lord , or unto the judge , even that man was to be put to death . and since by the lawes of men they have proceeded no lesse severely against rebels . but most strict is that law of god promulged by the mouth of the apostle : therefore whosoever resisteth the power , &c. resisteth the ordinance of god , and they that resist shall receive to themselves damnation : that is , as all divines expound it , temporall here ; and , without repentance eternall hereafter . and as for those that doe calumniate and derogate from the power , &c. of princes here , by their seditious words , and scandalous writings , although perhaps they may escape the hands of men ; yet they shall never avoid the judgements of god , from whose all-seeing eye of providence nothing can bee hid , against whose omnipotent power nothing can resist , and by whose most just judgements no wickednesse can goe unpunished . no lesse wittily then pithily st. ang. for whereas the doctrine of the apostle doth make mention of these earthly powers , he doth insinuate into our apprehensions even the parts of the heavenly judgement . for whenas hee doth enjoyne us to obey the lawes of the world , hee doth necessarily admonish us to take heed of the world to come . if thou wilt not , saith he , feare the powers , doe that which is good , which is as much to say . if thou wilt not fear the judgement to come , then eschew evill and doe good whilest thou art here . therfore we ought to take heed , & performe the first forme of this constitution , which wants the lawes of this life , that we may exclude & keep from us that fore-judgement of eternall death in the other life ; because those whom this temporall punishment doth not take hold of here ; there that eternall punishment wil follow with insufferable torment hereafter . amongst other examples of the judgements of god upon rebellious , gainsaying and disobedient persons , we have that dreadfull and horrible example of corah , dathan and abiram , in the holy scriptures , which the spirit of god sets downe as a warning to us , that we fall not into the like contradiction , lest wee fall into the like condemnation . of whom optatus milevitanus writing against the donatists , who did refuse to obey their magistrates ( as too many of the smectymnuan rout , & antipodian state doe now amongst us ) thus delivers himselfe . schisma summum , &c. that schisme is a great evill , you your selves cannot deny ; and yet without the least feare you doe imitate your most desperate ring-leaders , corah , dathan and abiram , nor will you set before your eyes , or once take it into your hearts that this evill is both prohibited by the word of god , and revenged with a most grievous judgement . and a little after : the congregation of ministers , and the sacrilegious multitude that was soon to bee confounded did stand with their inter dicted and forbidden sacrifices ; time for repentance was denied and withheld from them , because their fault was such , as it deserved no pardon . a command of hunger was laid upon the earth , which presently opened her greedy jawes upon them that caused division amongst the people , and with an insatiable mouth did swallow up the contemners of gods word . in a moments space the earth clave asunder to deuoure those fore-named separatists ; it did swallow them up , & then was closed againe upon them . and lest they should seeme to receive a courtesie by their soddain death ; as they were not worthy to live , so they were not vouchsafed to die . upon a suddaine they were cast into the prison of hell , and so buried before they were dead . st. aug. having occasion to speake of the same separates , cap. . of the wonders of the holy scripture speaks to the same purpose , & cap. . of the same book , he doth thus enlarge his meditations : again the next day the whol multitude gathered themselves together against moses and aaron as guilty of blood and would have slain them , in revenge of those that were killed ; but here both moses and aaron come before the tabernacle of the congregation , and again the wrath of the lord went forth and raged amongst the rebellious people : and againe aaron at the command of moses , filling his censer with fire from off the altar , ran into the midst of the congregation , and standing between the living and the dead , the plague was stayed . a just judgement inflicted on both , that they who did inwardly burne with the fire of anger against their lawfull princes , should now outwardly perish with the burning flame of most deserved vengeance ; & he that in his heart had forgiven the offence of his brethren , by his footsteps others being defended , the fire from heaven durst not consume ; but they that died of the plague that day were . whom the wrath of the lord consumed . wherefore to draw to a conclusion , as the apostle admonisheth and comandeth , we must needs be subject not only for wrath but also for conscience ; because as s. peter saith , this is the will of god that with well doing wee may put to silence the ignorance of foolish men , as free & not using our liberty for a cloake of maliciousnesse but as the servants of god . for although , as s. aug. hath it , we are called to that kingdom where there shall be no such powers , yet while wee live here in our journey thither , untill such time as wee shall come to that age , where there shall be an annihilation & ceasing of all principalitie and power , let us cheerefully and willingly undergoe our condition , according to the order of humane things , not dealing feignedly and hypocritically : and so doing , we shall not so much obey man , under whose command we are , as god , who doth command us to be obedient to them . therefore to use s. peters words , he that will love life , and see good daies , let him refraine his tongue from evill , and his lips that they speake no guile : let him eschew evill , and doe good ; let him seeke peace and ensue it ; let him beare in mind that commandement of god , thou shalt not revile the gods , nor curse the ruler of thy people . and not forget the councell of the preacher , curse not the king , no not in thy thought , for a bird of the ayre shall carry the voice , and that which hath wings shall tell the matter . but let him embrace the councell of king solomon , not only the wisest of kings , but of all other men . my son ( saith he ) feare thou the lord and the king , and meddle not with them that are given to change ; for it is our saviours saying , who is truth it selfe and ought to be beleeved before all our pretended reformadoes , whosoever shall take up the sword , especially against gods annoynted , contrary to the word of god , shall perish with the sword . and thus having gathered certaine flowers out of the garden of divinity , philosophy , history and policy , to make a crowne for royalty , and a nosegay for loyalty , there wants nothing now but that same thread of charity ( which the apostle casseth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the bond of perfection ) to constringe and binde them together ; and indeed to use s. chrysost. similitude , as flowers be they never so choyce and rare , yea the prime darlings in natures garden , and be they never so exactly composed and set in order , yet if they be not as perfectly combined & tyed together , hey fall away from one another and come to nothing . in lik● manner although a man should compose an anthologie of never so excellent precepts , sentences and examples out of the garden of divine and humane writings , and propound them as so many sweet flowers to the use and benefit of the common good , yet if there bee not the hand of charity to receive them , and the eye of candor for to reade them , and the heart of sincerity to apprehend them , and tye them together with the constriction , or rather the construction of love ; like flowers that are not tyed together , they fall to the ground and become uselesse . and s. chrysost. reason that hee gives there will hold here likewise , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for without love they will soone dissolve , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is love alone that knits them fast , and keeps them together , making them usefull for the church of god , which otherwise would doe no good . and therfore having selected and culled out variety of choice sentences , precepts and sayings , both out of ancient and moderne writers as well humane as divine , and they as well protestants as romanists , and such as have been approved and honored by the judgement of the learned even of the adversaries , to set forth to the world the royalty of kings and the loyalty of subjects ; i humbly tender them to the consideration of both , his majesty our royall king & the parliament his loyal subjects ; that so if there be any thing in them , which shewing the power of the one , and the duty of the other , may tend to the repayring of that great breach , by a happy pacification , between the king and his people , which being at first begun with faction , fomented with feares and jealousies , and continued thus long with malignancy of affection , is likely to bring both king and parliament ( without the especiall providence of god preventing ) to utter ruine ; i shall attain the happy end that i first did ayme at : and for that which remaines in me to effect it , i shall turne my pen into a petition , and these occasioned collections , into religious ejaculations ; that god would be pleased to vouchsafe such a happy concurrence of opinions , and unanimity of affections between the king and his parliament ; that ( all feares and jealousies being laid aside on both sides ) the king would be graciously pleased to condiscend , as far as with his honor he may , unto his parliament ; and the parliament would humbly addresse themselves to comply , as far as it may stand with the good of the commonwealth , with the king ; that so royalty and loyalty , like mercy and truth meeting together , and the king and his parliament , like righteousnes and peace , embracing each other , the king may stil enjoy his regalities and prerogatives without farther alteration , and the parliament may still retain their ancient priviledges and immunities without any more interruption : that so the king , the head , may be happy in the parliament , his members , and the parliament , the members , reciprocally happy in the king their head ; and the whole kingdom , by this c●ment of charity , happy in both . which that it may speedily come to passe , is the hearty wish and darling desire , of him who for the accomplishment of it is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . his gods most humble orator , his kings most loyall subject , his countries most affectionate patriot , ro. grossk . notes, typically marginal, from the original text notes for 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